2008 Revised Code of Washington
Volume 2: Titles 18 through 28A


Download as PDF VOLUME 2 Titles 18 through 28A 2008 REVISED CODE OF WASHINGTON Published under the authority of chapter 1.08 RCW. Containing all laws of a general and permanent nature through the 2008 regular session, which adjourned sine die March 13, 2008. (2008 Ed.) [Preface—p i] REVISED CODE OF WASHINGTON 2008 Edition © 2008 State of Washington CERTIFICATE The 2008 edition of the Revised Code of Washington, published officially by the Statute Law Committee, is, in accordance with RCW 1.08.037, certified to comply with the current specifications of the committee. MARTY BROWN, Chair STATUTE LAW COMMITTEE PRINTED ON RECYCLABLE MATERIAL For recycling information call: Recycle Hotline 1-800-732-9253 [Preface—p ii] (2008 Ed.) PREFACE Numbering system: The number of each section of this code is made up of three parts, in sequence as follows: Number of title; number of chapter within the title; number of section within the chapter. Thus RCW 1.04.020 is Title 1, chapter 4, section 20. The section part of the number (.020) is initially made up of three digits, constitutes a true decimal, and provides a facility for numbering new sections to be inserted between old sections already consecutively numbered, merely by adding one or more digits at the end of the number. In most chapters of the code, sections have been numbered by tens (.010, .020, .030, .040, etc.), leaving nine vacant numbers between original sections so that for a time new sections may be inserted without extension of the section number beyond three digits. Citation to the Revised Code of Washington: The code should be cited as RCW; see RCW 1.04.040. An RCW title should be cited Title 7 RCW. An RCW chapter should be cited chapter 7.24 RCW. An RCW section should be cited RCW 7.24.010. Through references should be made as RCW 7.24.010 through 7.24.100. Series of sections should be cited as RCW 7.24.010, 7.24.020, and 7.24.030. History of the Revised Code of Washington; Source notes: The Revised Code of Washington was adopted by the legislature in 1950; see chapter 1.04 RCW. The original publication (1951) contained material variances from the language and organization of the session laws from which it was derived, including a variety of divisions and combinations of the session law sections. During 1953 through 1959, the Statute Law Committee, in exercise of the powers in chapter 1.08 RCW, completed a comprehensive study of these variances and, by means of a series of administrative orders or reenactment bills, restored each title of the code to reflect its session law source, but retaining the general codification scheme originally adopted. An audit trail of this activity has been preserved in the concluding segments of the source note of each section of the code so affected. The legislative source of each section is enclosed in brackets [ ] at the end of the section. Reference to session laws is abbreviated; thus "1891 c 23 § 1; 1854 p 99 § 135" refers to section 1, chapter 23, Laws of 1891 and section 135, page 99, Laws of 1854. "Prior" indicates a break in the statutory chain, usually a repeal and reenactment. "RRS or Rem. Supp.——" indicates the parallel citation in Remington's Revised Code, last published in 1949. Where, before restoration, a section of this code constituted a consolidation of two or more sections of the session laws, or of sections separately numbered in Remington's, the line of derivation is shown for each component section, with each line of derivation being set off from the others by use of small Roman numerals, "(i)," "(ii)," etc. Where, before restoration, only a part of a session law section was reflected in a particular RCW section the history note reference is followed by the word "part." "Formerly" and its correlative form "FORMER PART OF SECTION" followed by an RCW citation preserves the record of original codification. Double amendments: Some double or other multiple amendments to a section made without reference to each other are set out in the code in smaller (8-point) type. See RCW 1.12.025. Index: Titles 1 through 91 are indexed in the RCW General Index. Separate indexes are provided for the Rules of Court and the State Constitution. Sections repealed or decodified; Disposition table: Memorials to RCW sections repealed or decodified are tabulated in numerical order in the table entitled "Disposition of former RCW sections." Codification tables: To convert a session law citation to its RCW number (for Laws of 1951 or later) consult the codification tables. A similar table is included to relate the disposition in RCW of sections of Remington's Revised Statutes. Errors or omissions: (1) Where an obvious clerical error has been made in the law during the legislative process, the code reviser adds a corrected word, phrase, or punctuation mark in [brackets] for clarity. These additions do not constitute any part of the law. (2) Although considerable care has been taken in the production of this code, within the limits of available time and facilities it is inevitable that in so large a work that there will be errors, both mechanical and of judgment. When those who use this code detect errors in particular sections, a note citing the section involved and the nature of the error may be sent to: Code Reviser, Box 40551, Olympia, WA 98504-0551, so that correction may be made in a subsequent publication. (2008 Ed.) [Preface—p iii] TITLES OF THE REVISED CODE OF WASHINGTON 1 46 47 Highways and motor vehicles Motor vehicles Public highways and transportation 48 Insurance 49 50 51 Labor Labor regulations Unemployment compensation Industrial insurance 52 53 54 55 57 Local service districts Fire protection districts Port districts Public utility districts Sanitary districts Water-sewer districts 58 59 60 61 62A 63 64 65 Property rights and incidents Boundaries and plats Landlord and tenant Liens Mortgages, deeds of trust, and real estate contracts Uniform Commercial Code Personal property Real property and conveyances Recording, registration, and legal publication 66 67 68 69 70 71 71A 72 73 74 Public health, safety, and welfare Alcoholic beverage control Sports and recreation—Convention facilities Cemeteries, morgues, and human remains Food, drugs, cosmetics, and poisons Public health and safety Mental illness Developmental disabilities State institutions Veterans and veterans' affairs Public assistance 76 77 78 79 79A Public resources Forests and forest products Fish and wildlife Mines, minerals, and petroleum Public lands Public recreational lands 80 81 Public service Public utilities Transportation 82 83 84 Taxation Excise taxes Estate taxation Property taxes 85 86 87 88 89 90 91 Waters Diking and drainage Flood control Irrigation Navigation and harbor improvements Reclamation, soil conservation, and land settlement Water rights—Environment Waterways General provisions 2 3 4 5 6 7 8 9 9A 10 11 12 13 Judicial Courts of record District courts—Courts of limited jurisdiction Civil procedure Evidence Enforcement of judgments Special proceedings and actions Eminent domain Crimes and punishments Washington Criminal Code Criminal procedure Probate and trust law District courts—Civil procedure Juvenile courts and juvenile offenders 14 Aeronautics 15 16 17 Agriculture Agriculture and marketing Animals and livestock Weeds, rodents, and pests 18 19 20 21 22 Businesses and professions Businesses and professions Business regulations—Miscellaneous Commission merchants—Agricultural products Securities and investments Warehousing and deposits 23 23B 24 25 Corporations, associations, and partnerships Corporations and associations (Profit) Washington business corporation act Corporations and associations (Nonprofit) Partnerships 26 Domestic relations 27 28A 28B 28C Education Libraries, museums, and historical activities Common school provisions Higher education Vocational education 29A Elections 30 31 32 33 Financial institutions Banks and trust companies Miscellaneous loan agencies Mutual savings banks Savings and loan associations 34 35 35A 36 37 38 39 40 41 42 43 44 Government Administrative law Cities and towns Optional Municipal Code Counties Federal areas—Indians Militia and military affairs Public contracts and indebtedness Public documents, records, and publications Public employment, civil service, and pensions Public officers and agencies State government—Executive State government—Legislative [Preface—p iv] (2008 Ed.) Title 18 Chapters 18.04 18.06 18.08 18.09 18.11 18.16 18.19 18.20 18.22 18.25 18.27 18.28 18.29 18.30 18.32 18.34 18.35 18.36 18.36A 18.39 18.43 18.44 18.46 18.50 18.51 18.52 18.52C 18.53 18.54 18.55 18.57 18.57A 18.59 18.64 18.64A 18.71 18.71A 18.73 18.74 18.76 18.79 18.83 18.84 18.85 18.86 18.88A 18.89 18.92 18.96 18.100 18.104 18.106 18.108 18.110 18.118 18.120 (2008 Ed.) Title 18 BUSINESSES AND PROFESSIONS 18.122 Accountancy. Acupuncture. Architects. Attorneys-at-law. Auctioneers. Cosmetologists, barbers, and manicurists. Counselors. Boarding homes. Podiatric medicine and surgery. Chiropractic. Registration of contractors. Debt adjusting. Dental hygienists. Denturists. Dentistry. Dispensing opticians. Hearing and speech services. Drugless healing. Naturopathy. Embalmers—Funeral directors. Engineers and land surveyors. Escrow agent registration act. Birthing centers. Midwifery. Nursing homes. Nursing home administrators. Nursing pools. Optometry. Optometry board. Ocularists. Osteopathy—Osteopathic medicine and surgery. Osteopathic physicians’ assistants. Occupational therapy. Pharmacists. Pharmacy assistants. Physicians. Physician assistants. Emergency medical care and transportation services. Physical therapy. Poison information centers. Nursing care. Psychologists. Radiologic technologists. Real estate brokers and salespersons. Real estate brokerage relationships. Nursing assistants. Respiratory care practitioners. Veterinary medicine, surgery, and dentistry. Landscape architects. Professional service corporations. Water well construction. Plumbers. Massage practitioners. Art dealers—Artists. Regulation of business professions. Regulation of health professions—Criteria. 18.130 18.135 18.138 18.140 18.145 18.155 18.160 18.165 18.170 18.180 18.185 18.190 18.195 18.200 18.205 18.210 18.215 18.220 18.225 18.230 18.235 18.240 18.250 18.260 18.270 18.280 Regulation of health professions—Uniform administrative provisions. Regulation of health professions—Uniform disciplinary act. Health care assistants. Dietitians and nutritionists. Certified real estate appraiser act. Court reporting practice act. Sex offender treatment providers. Fire sprinkler system contractors. Private investigators. Security guards. Process servers. Bail bond agents. Operation as limited liability company. Consumer Access to Vision Care Act. Orthotic and prosthetic services. Chemical dependency professionals. On-site wastewater treatment systems— Designer licensing. Surgical technologists. Geologists. Mental health counselors, marriage and family therapists, social workers. Recreation therapy. Uniform regulation of business and professions act. Animal massage practitioners. Athletic trainers. Dental professionals. Fire protection sprinkler fitting. Home inspectors. Alcoholic beverage control: Title 66 RCW. Appointment of temporary additional members of boards and committees for administration and grading of examinations: RCW 43.24.065. Attorneys: Chapter 2.44 RCW. Automobiles dealers licenses: Chapter 46.70 RCW. drivers schools licensing: Chapter 46.82 RCW. "Lemon Law": Chapter 19.118 RCW. repair: Chapter 46.71 RCW. tow truck operators: Chapter 46.55 RCW. transportation companies: Title 81 RCW. warranties, express: Chapter 19.118 RCW. Business corporations and cooperative associations: Titles 23, 23B RCW. Cities and towns, powers to regulate business: Title 35 RCW. Coal mining: Title 78 RCW. Collection agencies and out-of-state collection agencies: Chapter 19.16 RCW. Consumer loan act: Chapter 31.04 RCW. Credit unions: Chapter 31.12 RCW. Discrimination: Chapter 49.60 RCW. Drugs and cosmetics: Chapter 69.04 RCW. Electricians: Chapter 19.28 RCW. Farm labor contractors: Chapter 19.30 RCW. Fishermen, commercial: Title 77 RCW. Food products: Title 69 RCW. [Title 18 RCW—page 1] Chapter 18.04 Title 18 RCW: Businesses and Professions Forests and forest products: Title 76 RCW. Health care services: Chapter 48.44 RCW. Mines, mineral and petroleum: Title 78 RCW. Monopolies and trusts prohibited: State Constitution Art. 12 § 22. Motor vehicles businesses involving: Title 46 RCW. "Lemon Law": Chapter 19.118 RCW. Pawnbrokers: Chapter 19.60 RCW. Regulatory fairness act: Chapter 19.85 RCW. Retail installment sales of goods and services: Chapter 63.14 RCW. Sales of personal property: Article 62A.2 RCW. Student loan contracts: Chapter 26.30 RCW. Suretyship: Chapter 19.72 RCW. Vehicle wreckers: Chapter 46.80 RCW. Chapter 18.04 Chapter 18.04 RCW ACCOUNTANCY Sections 18.04.015 18.04.025 18.04.035 18.04.045 18.04.055 18.04.065 18.04.080 18.04.105 18.04.180 18.04.183 18.04.185 18.04.195 18.04.205 18.04.215 18.04.295 18.04.305 18.04.320 18.04.335 18.04.345 18.04.350 18.04.360 18.04.370 18.04.380 18.04.390 18.04.405 18.04.420 18.04.430 18.04.901 18.04.910 18.04.911 18.04.920 Purpose. Definitions. Board of accountancy—Members—Terms—Vacancies— Removal. Board—Officers and staff—Powers and duties. Board—Rules. Board—Fees—Disposition. Compensation and travel expenses of members. Issuance of license—Requirements—Examination—Fees— Certified public accountants’ account—Valid certificates previously issued under chapter—Continuing professional education—Inactive certificates. Reciprocity. Accountants from foreign countries. Application for license—Secretary of state agent for service of process. License required—Requirements—Application—Fees. Registration of offices—Requirements—Rules—Fees. Licenses—Issuance—Renewal and reinstatement—Continuing professional education—Fees—Notification of sanction/suspension/revocation of license. Actions against CPA license. Actions against firm license. Actions against license—Procedures. Reissuance or modification of suspension of license or certificate. Prohibited practices. Practices not prohibited. Practices may be enjoined. Penalty. Advertising falsely—Effect. Papers, records, schedules, etc., property of the licensee or licensed firm—Prohibited practices—Rights of client. Confidential information—Disclosure, when—Subpoenas. License or certificate suspension—Nonpayment or default on educational loan or scholarship. License or certificate suspension—Noncompliance with support order—Reissuance. Severability. Effective date—1983 c 234. Effective date—1986 c 295. Short title. Falsifying accounts: Chapter 9A.60 RCW. 18.04.015 Purpose. (1) It is the policy of this state and the purpose of this chapter: (a) To promote the dependability of information which is used for guidance in financial transactions or for accounting for or assessing the status or performance of commercial and noncommercial enterprises, whether public, private or governmental; and (b) To protect the public interest by requiring that: (i) Persons who hold themselves out as licensees or certificate holders conduct themselves in a competent, ethical, and professional manner; (ii) A public authority be established that is competent to prescribe and assess the qualifications of certified public accountants, including certificate holders who are not licensed for the practice of public accounting; (iii) Persons other than licensees refrain from using the words "audit," "review," and "compilation" when designating a report customarily prepared by someone knowledgeable in accounting; (iv) A public authority be established to provide for consumer alerts and public protection information to be published regarding persons or firms who violate the provisions of chapter 294, Laws of 2001 or board rule and to provide general consumer protection information to the public; and (v) The use of accounting titles likely to confuse the public be prohibited. (2) The purpose of chapter 294, Laws of 2001 is to make revisions to chapter 234, Laws of 1983 and chapter 103, Laws of 1992 to: Fortify the public protection provisions of chapter 294, Laws of 2001; establish one set of qualifications to be a licensee; revise the regulations of certified public accountants; make revisions in the ownership of certified public accounting firms; assure to the greatest extent possible that certified public accountants from Washington state are substantially equivalent with certified public accountants in other states and can therefore perform the duties of certified public accountants in as many states and countries as possible; assure certified public accountants from other states and countries have met qualifications that are substantially equivalent to the certified public accountant qualifications of this state; and clarify the authority of the board of accountancy with respect to the activities of persons holding licenses and certificates under this chapter. It is not the intent of chapter 294, Laws of 2001 to in any way restrict or limit the activities of persons not holding licenses or certificates under this chapter except as otherwise specifically restricted or limited by chapter 234, Laws of 1983 and chapter 103, Laws of 1992. (3) A purpose of chapter 103, Laws of 1992, revising provisions of chapter 234, Laws of 1983, is to clarify the authority of the board of accountancy with respect to the activities of persons holding certificates under this chapter. Furthermore, it is not the intent of chapter 103, Laws of 1992 to in any way restrict or limit the activities of persons not holding certificates under this chapter except as otherwise specifically restricted or limited by chapter 234, Laws of 1983. [2001 c 294 § 1; 1992 c 103 § 1; 1983 c 234 § 2.] Effective date—2001 c 294: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001." [2001 c 294 § 24.] 18.04.015 [Title 18 RCW—page 2] 18.04.025 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Attest" means providing the following financial statement services: (a) Any audit or other engagement to be performed in accordance with the statements on auditing standards; 18.04.025 (2008 Ed.) Accountancy (b) Any review of a financial statement to be provided in accordance with the statements on standards for accounting and review services; (c) Any examination of prospective financial information to be performed in accordance with the statements on standards for attestation engagements; and (d) Any engagement to be performed in accordance with the public company accounting oversight board auditing standards. (2) "Board" means the board of accountancy created by RCW 18.04.035. (3) "Certificate" means a certificate as a certified public accountant issued prior to July 1, 2001, as authorized under the provisions of this chapter. (4) "Certificate holder" means the holder of a certificate as a certified public accountant who has not become a licensee, has maintained CPE requirements, and who does not practice public accounting. (5) "Certified public accountant" or "CPA" means a person holding a certified public accountant license or certificate. (6) "Compilation" means providing a service to be performed in accordance with statements on standards for accounting and review services that is presenting in the form of financial statements, information that is the representation of management (owners) without undertaking to express any assurance on the statements. (7) "CPE" means continuing professional education. (8) "Firm" means a sole proprietorship, a corporation, or a partnership. "Firm" also means a limited liability company formed under chapter 25.15 RCW. (9) "Holding out" means any representation to the public by the use of restricted titles as set forth in RCW 18.04.345 by a person or firm that the person or firm holds a license under this chapter and that the person or firm offers to perform any professional services to the public as a licensee. "Holding out" shall not affect or limit a person or firm not required to hold a license under this chapter from engaging in practices identified in RCW 18.04.350. (10) "Home office" is the location specified by the client as the address to which a service is directed. (11) "Inactive" means the certificate is in an inactive status because a person who held a valid certificate before July 1, 2001, has not met the current requirements of licensure and has been granted inactive certificate holder status through an approval process established by the board. (12) "Individual" means a living, human being. (13) "License" means a license to practice public accountancy issued to an individual under this chapter, or a license issued to a firm under this chapter. (14) "Licensee" means the holder of a license to practice public accountancy issued under this chapter. (15) "Manager" means a manager of a limited liability company licensed as a firm under this chapter. (16) "NASBA" means the national association of state boards of accountancy. (17) "Peer review" means a study, appraisal, or review of one or more aspects of the attest or compilation work of a licensee or licensed firm in the practice of public accountancy, by a person or persons who hold licenses and who are not affiliated with the person or firm being reviewed, including a (2008 Ed.) 18.04.025 peer review, or any internal review or inspection intended to comply with quality control policies and procedures, but not including the "quality assurance review" under subsection (21) of this section. (18) "Person" means any individual, nongovernmental organization, or business entity regardless of legal form, including a sole proprietorship, firm, partnership, corporation, limited liability company, association, or not-for-profit organization, and including the sole proprietor, partners, members, and, as applied to corporations, the officers. (19) "Practice of public accounting" means performing or offering to perform by a person or firm holding itself out to the public as a licensee, for a client or potential client, one or more kinds of services involving the use of accounting or auditing skills, including the issuance of "audit reports," "review reports," or "compilation reports" on financial statements, or one or more kinds of management advisory, or consulting services, or the preparation of tax returns, or the furnishing of advice on tax matters. "Practice of public accounting" shall not include practices that are permitted under the provisions of RCW 18.04.350(10) by persons or firms not required to be licensed under this chapter. (20) "Principal place of business" means the office location designated by the licensee for purposes of substantial equivalency and reciprocity. (21) "Quality assurance review" means a process established by and conducted at the direction of the board of study, appraisal, or review of one or more aspects of the attest or compilation work of a licensee or licensed firm in the practice of public accountancy, by a person or persons who hold licenses and who are not affiliated with the person or firm being reviewed. (22) "Reports on financial statements" means any reports or opinions prepared by licensees or persons holding practice privileges under substantial equivalency, based on services performed in accordance with generally accepted auditing standards, standards for attestation engagements, or standards for accounting and review services as to whether the presentation of information used for guidance in financial transactions or for accounting for or assessing the status or performance of commercial and noncommercial enterprises, whether public, private, or governmental, conforms with generally accepted accounting principles or another comprehensive basis of accounting. "Reports on financial statements" does not include services referenced in RCW 18.04.350(10) provided by persons not holding a license under this chapter. (23) "Review committee" means any person carrying out, administering or overseeing a peer review authorized by the reviewee. (24) "Rule" means any rule adopted by the board under authority of this chapter. (25) "Sole proprietorship" means a legal form of organization owned by one person meeting the requirements of RCW 18.04.195. (26) "State" includes the states of the United States, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands at such time as the board determines that the Commonwealth of the Northern Mariana Islands is issuing licenses under the substantially equivalent standards in RCW 18.04.350(2)(a). [2008 c 16 § 2; 2001 c 294 § 2; 1999 c 378 [Title 18 RCW—page 3] 18.04.035 Title 18 RCW: Businesses and Professions § 1; 1994 c 211 § 1401; 1992 c 103 § 2; 1986 c 295 § 1; 1983 c 234 § 3.] Alphabetization—2008 c 16: "The code reviser shall alphabetize and renumber the definitions in RCW 18.04.025 and correct any references." [2008 c 16 § 7.] Finding—Intent—2008 c 16: "The legislature finds the multiple state licensing and registering requirements for certified public accountants to be cumbersome and an unnecessary constraint on the consumers of professional certified public accountant services. In the majority of United States jurisdictions, certified public accountants are licensed based on substantially equivalent education, national exam, and experience requirements. Yet in order to serve their various client needs, certified public accountants must often delay service while they first spend countless hours and dollars to register with regulators in the jurisdictions of the client. To clarify the legislative intent of chapter 294, Laws of 2001, reduce the administrative licensing burden on certified public accountants licensed in any substantially equivalent jurisdiction, and facilitate consumer choice, the legislature intends to eliminate the requirement for out-of-state certified public accountants to notify the Washington state board of accountancy of intent to practice and pay a fee; however, firms providing audit or opiniontype services would be required to be licensed in this state. The requirement for notification will be replaced with "consent to automatic jurisdiction," which clarifies the legal disciplinary authority of the Washington state board of accountancy over out-of-state certified public accountants practicing in Washington state. This allows the board to more efficiently protect consumers while facilitating practice mobility and consumer choice." [2008 c 16 § 1.] Effective date—2001 c 294: See note following RCW 18.04.015. Effective date—Severability—1994 c 211: See RCW 25.15.900 and 25.15.902. 18.04.035 18.04.035 Board of accountancy—Members— Terms—Vacancies—Removal. (1) There is created a board of accountancy for the state of Washington to be known as the Washington state board of accountancy. Effective June 30, 2001, the board shall consist of nine members appointed by the governor. Members of the board shall include six persons who have been licensed in this state continuously for the previous ten years. Three members shall be public members qualified to judge whether the qualifications, activities, and professional practice of those regulated under this chapter conform with standards to protect the public interest, including one public member qualified to represent the interests of clients of individuals and firms licensed under this chapter. (2) The members of the board shall be appointed by the governor to a term of three years. Vacancies occurring during a term shall be filled by appointment for the unexpired term. Upon the expiration of a member’s term of office, the member shall continue to serve until a successor has been appointed and has assumed office. The governor shall remove from the board any member whose license to practice has been revoked or suspended and may, after hearing, remove any member of the board for neglect of duty or other just cause. No person who has served three successive complete terms is eligible for reappointment. Appointment to fill an unexpired term is not considered a complete term. In order to stagger their terms, of the two new appointments made to the board upon June 11, 1992, the first appointed member shall serve a term of two years initially. [2004 c 159 § 1; 2001 c 294 § 3; 1992 c 103 § 3; 1986 c 295 § 2; 1983 c 234 § 4.] Effective date—2001 c 294: See note following RCW 18.04.015. [Title 18 RCW—page 4] 18.04.045 Board—Officers and staff—Powers and duties. (1) The board shall annually elect a chair, a vicechair, and a secretary from its members. (2) A majority of the board constitutes a quorum for the transaction of business. (3) The board shall have a seal which shall be judicially noticed. (4) The board shall keep records of its proceedings, and of any proceeding in court arising from or founded upon this chapter. Copies of these records certified as correct under the seal of the board are admissible in evidence as tending to prove the content of the records. (5) The governor shall appoint an executive director of the board, who shall serve at the pleasure of the governor. The executive director may employ such personnel as is appropriate for carrying out the purposes of this chapter. The executive director shall hold a valid Washington license. The board may arrange for such volunteer assistance as it requires to perform its duties. Individuals or committees assisting the board constitute volunteers for purposes of chapter 4.92 RCW. (6) The board shall file an annual report of its activities with the governor. The report shall include, but not be limited to, a statement of all receipts and disbursements. Upon request, the board shall mail a copy of each annual report to any member of the public. (7) In making investigations concerning alleged violations of the provisions of this chapter and in all proceedings under RCW 18.04.295 or chapter 34.05 RCW, the board chair, or a member of the board, or a board designee acting in the chair’s place, may administer oaths or affirmations to witnesses appearing before the board, subpoena witnesses and compel their attendance, take testimony, and require that documentary evidence be submitted. (8) The board may review the publicly available professional work of licensees on a general and random basis, without any requirement of a formal complaint or suspicion of impropriety on the part of any particular licensee. If as a result of such review the board discovers reasonable grounds for a more specific investigation, the board may proceed under its investigative and disciplinary rules. (9) The board may provide for consumer alerts and public protection information to be published regarding persons or firms who violate the provisions of this chapter or board rule and may provide general consumer protection information to the public. (10) As provided in RCW 18.04.370, the board may enter into stipulated agreements and orders of assurance with persons who have violated the provisions of RCW 18.04.345 or certify the facts to the prosecuting attorney of the county in which such person resides for criminal prosecution. [2001 c 294 § 4; 1992 c 103 § 4; 1986 c 295 § 3; 1983 c 234 § 5.] 18.04.045 Effective date—2001 c 294: See note following RCW 18.04.015. 18.04.055 Board—Rules. The board may adopt and amend rules under chapter 34.05 RCW for the orderly conduct of its affairs. The board shall prescribe rules consistent with this chapter as necessary to implement this chapter. Included may be: (1) Rules of procedure to govern the conduct of matters before the board; 18.04.055 (2008 Ed.) Accountancy (2) Rules of professional conduct for all licensees, certificate holders, and nonlicensee owners of licensed firms, in order to establish and maintain high standards of competence and ethics including rules dealing with independence, integrity, objectivity, and freedom from conflicts of interest; (3) Rules specifying actions and circumstances deemed to constitute holding oneself out as a licensee in connection with the practice of public accountancy; (4) Rules specifying the manner and circumstances of the use of the titles "certified public accountant" and "CPA," by holders of certificates who do not also hold licenses under this chapter; (5) Rules specifying the educational requirements to take the certified public accountant examination; (6) Rules designed to ensure that licensees’ "reports on financial statements" meet the definitional requirements for that term as specified in RCW 18.04.025; (7) Requirements for CPE to maintain or improve the professional competence of licensees as a condition to maintaining their license and certificate holders as a condition to maintaining their certificate under RCW 18.04.215; (8) Rules governing firms issuing or offering to issue reports on financial statements or using the title "certified public accountant" or "CPA" including, but not limited to, rules concerning their style, name, title, and affiliation with any other organization, and establishing reasonable practice and ethical standards to protect the public interest; (9) The board may by rule implement a quality assurance review program as a means to monitor licensees’ quality of practice and compliance with professional standards. The board may exempt from such program, licensees who undergo periodic peer reviews in programs of the American Institute of Certified Public Accountants, NASBA, or other programs recognized and approved by the board; (10) The board may by rule require licensed firms to obtain professional liability insurance if in the board’s discretion such insurance provides additional and necessary protection for the public; (11) Rules specifying the experience requirements in order to qualify for a license; (12) Rules specifying the requirements for certificate holders to qualify for a license under this chapter which must include provisions for meeting CPE and experience requirements prior to application for licensure; (13) Rules specifying the registration requirements, including ethics examination and fee requirements, for resident nonlicensee partners, shareholders, and managers of licensed firms; (14) Rules specifying the ethics CPE requirements for certificate holders and owners of licensed firms, including the process for reporting compliance with those requirements; (15) Rules specifying the experience and CPE requirements for licensees offering or issuing reports on financial statements; and (16) Any other rule which the board finds necessary or appropriate to implement this chapter. [2001 c 294 § 5; 1992 c 103 § 5; 1986 c 295 § 4; 1983 c 234 § 6.] Effective date—2001 c 294: See note following RCW 18.04.015. (2008 Ed.) 18.04.105 18.04.065 Board—Fees—Disposition. The board shall set its fees at a level adequate to pay the costs of administering this chapter. All fees for licenses, registrations of nonlicensee partners, shareholders, and managers of licensed firms, renewals of licenses, renewals of registrations of nonlicensee partners, shareholders, and managers of licensed firms, renewals of certificates, reinstatements of lapsed licenses, reinstatements of lapsed certificates, reinstatements of lapsed registrations of nonlicensee partners, shareholders, and managers of licensed firms, practice privileges under RCW 18.04.350, and delinquent filings received under the authority of this chapter shall be deposited in the certified public accountants’ account created by RCW 18.04.105. Appropriation from such account shall be made only for the cost of administering the provisions of this chapter. [2001 c 294 § 6; 1992 c 103 § 6; 1983 c 234 § 24.] 18.04.065 Effective date—2001 c 294: See note following RCW 18.04.015. 18.04.080 Compensation and travel expenses of members. Each member of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses incurred in the discharge of such duties in accordance with RCW 43.03.050 and 43.03.060. [1984 c 287 § 20; 1983 c 234 § 22; 1975-’76 2nd ex.s. c 34 § 25; 1949 c 226 § 7; Rem. Supp. 1949 § 8269-14.] 18.04.080 Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. 18.04.105 Issuance of license—Requirements— Examination—Fees—Certified public accountants’ account—Valid certificates previously issued under chapter—Continuing professional education—Inactive certificates. (1) A license to practice public accounting shall be granted by the board to any person: (a) Who is of good character. Good character, for purposes of this section, means lack of a history of dishonest or felonious acts. The board may refuse to grant a license on the ground of failure to satisfy this requirement only if there is a substantial connection between the lack of good character of the applicant and the professional and ethical responsibilities of a licensee and if the finding by the board of lack of good character is supported by a preponderance of evidence. When an applicant is found to be unqualified for a license because of a lack of good character, the board shall furnish the applicant a statement containing the findings of the board and a notice of the applicant’s right of appeal; (b) Who has met the educational standards established by rule as the board determines to be appropriate; (c) Who has passed an examination; (d) Who has had one year of experience which is gained: (i) Through the use of accounting, issuing reports on financial statements, management advisory, financial advisory, tax, tax advisory, or consulting skills; (ii) While employed in government, industry, academia, or public practice; and (iii) Meeting the competency requirements in a manner as determined by the board to be appropriate and established by board rule; and 18.04.105 [Title 18 RCW—page 5] 18.04.180 Title 18 RCW: Businesses and Professions (e) Who has paid appropriate fees as established by rule by the board. (2) The examination described in subsection (1)(c) of this section shall test the applicant’s knowledge of the subjects of accounting and auditing, and other related fields the board may specify by rule. The time for holding the examination is fixed by the board and may be changed from time to time. The board shall prescribe by rule the methods of applying for and taking the examination, including methods for grading examinations and determining a passing grade required of an applicant for a license. The board shall to the extent possible see to it that the grading of the examination, and the passing grades, are uniform with those applicable to all other states. The board may make use of all or a part of the uniform certified public accountant examination and advisory grading service of the American Institute of Certified Public Accountants and may contract with third parties to perform administrative services with respect to the examination as the board deems appropriate to assist it in performing its duties under this chapter. The board shall establish by rule provisions for transitioning to a new examination structure or to a new media for administering the examination. (3) The board shall charge each applicant an examination fee for the initial examination or for reexamination. The applicable fee shall be paid by the person at the time he or she applies for examination, reexamination, or evaluation of educational qualifications. Fees for examination, reexamination, or evaluation of educational qualifications shall be determined by the board under chapter 18.04 RCW. There is established in the state treasury an account to be known as the certified public accountants’ account. All fees received from candidates to take any or all sections of the certified public accountant examination shall be used only for costs related to the examination. (4) Persons who on June 30, 2001, held valid certificates previously issued under this chapter shall be deemed to be certificate holders, subject to the following: (a) Certificate holders may, prior to June 30, 2006, petition the board to become licensees by documenting to the board that they have gained one year of experience through the use of accounting, issuing reports on financial statements, management advisory, financial advisory, tax, tax advisory, or consulting skills, without regard to the eight-year limitation set forth in (b) of this subsection, while employed in government, industry, academia, or public practice. (b) Certificate holders who do not petition to become licensees prior to June 30, 2006, may after that date petition the board to become licensees by documenting to the board that they have one year of experience acquired within eight years prior to applying for a license through the use of accounting, issuing reports on financial statements, management advisory, financial advisory, tax, tax advisory, or consulting skills in government, industry, academia, or public practice. (c) Certificate holders who petition the board pursuant to (a) or (b) of this subsection must also meet competency requirements in a manner as determined by the board to be appropriate and established by board rule. (d) Any certificate holder petitioning the board pursuant to (a) or (b) of this subsection to become a licensee must submit to the board satisfactory proof of having completed an [Title 18 RCW—page 6] accumulation of one hundred twenty hours of CPE during the thirty-six months preceding the date of filing the petition. (e) Any certificate holder petitioning the board pursuant to (a) or (b) of this subsection to become a licensee must pay the appropriate fees established by rule by the board. (5) Certificate holders shall comply with the prohibition against the practice of public accounting in RCW 18.04.345. (6) Persons who on June 30, 2001, held valid certificates previously issued under this chapter are deemed to hold inactive certificates, subject to renewal as inactive certificates, until they have petitioned the board to become licensees and have met the requirements of subsection (4) of this section. No individual who did not hold a valid certificate before July 1, 2001, is eligible to obtain an inactive certificate. (7) Persons deemed to hold inactive certificates under subsection (6) of this section shall comply with the prohibition against the practice of public accounting in subsection (8)(b) of this section and RCW 18.04.345, but are not required to display the term inactive as part of their title, as required by subsection (8)(a) of this section until renewal. Certificates renewed to any persons after June 30, 2001, are inactive certificates and the inactive certificate holders are subject to the requirements of subsection (8) of this section. (8) Persons holding an inactive certificate: (a) Must use or attach the term "inactive" whenever using the title CPA or certified public accountant or referring to the certificate, and print the word "inactive" immediately following the title, whenever the title is printed on a business card, letterhead, or any other document, including documents published or transmitted through electronic media, in the same font and font size as the title; and (b) Are prohibited from practicing public accounting. [2004 c 159 § 2; 2001 c 294 § 7; 2000 c 171 § 2; 1999 c 378 § 2; 1992 c 103 § 7; 1991 sp.s. c 13 § 20; 1986 c 295 § 6; 1985 c 57 § 3; 1983 c 234 § 7.] Effective date—2001 c 294: See note following RCW 18.04.015. Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240. Effective date—1985 c 57: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1985." [1985 c 57 § 91.] 18.04.180 Reciprocity. (1) The board shall issue a license to a holder of a certificate/valid license issued by another state that entitles the holder to practice public accountancy, provided that: (a) Such state makes similar provision to grant reciprocity to a holder of a valid certificate or license in this state; (b) The applicant meets the CPE requirements of RCW 18.04.215(5); (c) The applicant meets the good character requirements of RCW 18.04.105(1)(a); and (d) The applicant passed the examination required for issuance of his or her certificate or license with grades that would have been passing grades at that time in this state and meets all current requirements in this state for issuance of a license at the time application is made; or at the time of the issuance of the applicant’s license in the other state, met all the requirements then applicable in this state; or has three years of experience within the five years immediately preced18.04.180 (2008 Ed.) Accountancy ing application or had five years of experience within the ten years immediately preceding application in the practice of public accountancy that meets the requirements prescribed by the board. (2) The board may accept NASBA’s designation of the applicant as substantially equivalent to national standards as meeting the requirement of subsection (1)(d) of this section. (3) A licensee who has been granted a license under the reciprocity provisions of this section shall notify the board within thirty days if the license or certificate issued in the other jurisdiction has lapsed or if the status of the license or certificate issued in the other jurisdiction becomes otherwise invalid. [2004 c 159 § 3; 2001 c 294 § 8; 1992 c 103 § 8; 1949 c 226 § 17; Rem. Supp. 1949 § 8269-24.] Effective date—2001 c 294: See note following RCW 18.04.015. 18.04.183 Accountants from foreign countries. The board shall grant a license as a certified public accountant to a holder of a permit, license, or certificate issued by a foreign country’s board, agency, or institute, provided that: (1) The foreign country where the foreign permit, license, or certificate was issued is a party to an agreement on trade with the United States that encourages the mutual recognition of licensing and certification requirements for the provision of covered services by the parties under the trade agreement; (2) Such foreign country’s board, agency, or institute makes similar provision to allow a person who holds a valid license issued by this state to obtain such foreign country’s comparable permit, license, or certificate; (3) The foreign permit, license, or certificate: (a) Was duly issued by such foreign country’s board, agency, or institute that regulates the practice of public accountancy; and (b) Is in good standing at the time of the application; and (c) Was issued upon the basis of educational, examination, experience, and ethical requirements substantially equivalent currently or at the time of issuance of the foreign permit, license, or certificate to those in this state; (4) The applicant has within the thirty-six months prior to application completed an accumulation of one hundred twenty hours of CPE as required under RCW 18.04.215(5). The board shall provide for transition from existing to new CPE requirements; (5) The applicant’s foreign permit, license, or certificate was the type of permit, license, or certificate requiring the most stringent qualifications if, in the foreign country, more than one type of permit, license, or certificate is issued. This state’s board shall decide which are the most stringent qualifications; (6) The applicant has passed a written examination or its equivalent, approved by the board, that tests knowledge in the areas of United States accounting principles, auditing standards, commercial law, income tax law, and Washington state rules of professional ethics; and (7) The applicant has within the eight years prior to applying for a license under this section, demonstrated, in accordance with the rules issued by the board, one year of public accounting experience, within the foreign country where the foreign permit, license, or certificate was issued, 18.04.195 eq uiv alen t to the experience required un der RCW 18.04.105(1)(d) or such other experience or employment which the board in its discretion regards as substantially equivalent. The board may adopt by rule new CPE standards that differ from those in subsection (4) of this section or RCW 18.04.215 if the new standards are consistent with the CPE standards of other states so as to provide to the greatest extent possible, consistent national standards. A licensee who has been granted a license under the reciprocity provisions of this section shall notify the board within thirty days if the permit, license, or certificate issued in the other jurisdiction has lapsed or if the status of the permit, license, or certificate issued in the other jurisdiction becomes otherwise invalid. [2001 c 294 § 9; 1999 c 378 § 3; 1992 c 103 § 18.] 18.04.183 (2008 Ed.) Effective date—2001 c 294: See note following RCW 18.04.015. 18.04.185 18.04.185 Application for license—Secretary of state agent for service of process. Application for a license to practice public accounting in this state by a certified public accountant or CPA firm who holds a license or permit to practice issued by another state constitutes the appointment of the secretary of state as an agent for service of process in any action or proceeding against the applicant arising from any transaction or operation connected with or incidental to the practice of public accounting in this state by the holder of the license to practice. [2001 c 294 § 10; 1999 c 378 § 4; 1986 c 295 § 7; 1983 c 234 § 8.] Effective date—2001 c 294: See note following RCW 18.04.015. 18.04.195 18.04.195 License required—Requirements—Application—Fees. (1) The board shall grant or renew licenses to practice as a CPA firm to applicants that demonstrate their qualifications therefore in accordance with this section. (a) The following must hold a license issued under this section: (i) Any firm with an office in this state performing attest services as defined in RCW 18.04.025(21) or compilations as defined in RCW 18.04.025(22); (ii) Any firm with an office in this state that uses the title "CPA" or "CPA firm"; or (iii) Any firm that does not have an office in this state but performs attest services described in RCW 18.04.025(21) (a), (c), or (d) for a client having its home office in this state. (b) A firm that is not subject to the requirements of subsection (1)(a)(iii) of this section may perform other professional services while using the title "CPA" or "CPA firm" in this state without a license issued under this section only if: (i) The firm performs such services through an individual with practice privileges under RCW 18.04.350(2); (ii) The firm can lawfully do so in the state where said individuals with practice privileges have their principal place of business; and (iii) A firm performing services described in RCW 18.04.025 (21)(b) and (22) meets the board’s quality assurance [review] program requirements authorized by RCW 18.04.055(9) and the rules implementing that section. [Title 18 RCW—page 7] 18.04.195 Title 18 RCW: Businesses and Professions (2) A sole proprietorship required to obtain a license under subsection (1) of this section shall license, as a firm, every three years with the board. (a) The sole proprietor shall hold and renew a license to practice under RCW 18.04.105 and 18.04.215, or, in the case of a sole proprietorship that must obtain a license pursuant to subsection (1)(a)(iii) of this section, be a licensee of another state who meets the requirements in RCW 18.04.350(2); (b) Each resident individual in charge of an office located in this state shall hold and renew a license to practice under RCW 18.04.105 and 18.04.215; and (c) The licensed firm must meet competency requirements established by rule by the board. (3) A partnership required to obtain a license under subsection (1) of this section shall license as a firm every three years with the board, and shall meet the following requirements: (a) At least one general partner of the partnership shall hold and renew a license to practice under RCW 18.04.105 and 18.04.215, or, in the case of a partnership that must obtain a license pursuant to subsection (1)(a)(iii) of this section, be a licensee of another state who meets the requirements in RCW 18.04.350(2); (b) Each resident individual in charge of an office in this state shall hold and renew a license to practice under RCW 18.04.105 and 18.04.215; (c) At least a simple majority of the ownership of the licensed firm in terms of financial interests and voting rights of all partners or owners shall be held by persons who are licensees or holders of a valid license issued under this chapter or by another state. The principal partner of the partnership and any partner having authority over issuing reports on financial statements shall hold a license under this chapter or issued by another state; and (d) The licensed firm must meet competency requirements established by rule by the board. (4) A corporation required to obtain a license under subsection (1) of this section shall license as a firm every three years with the board and shall meet the following requirements: (a) At least a simple majority of the ownership of the licensed firm in terms of financial interests and voting rights of all shareholders or owners shall be held by persons who are licensees or holders of a valid license issued under this chapter or by another state and is principally employed by the corporation or actively engaged in its business. The principal officer of the corporation and any officer or director having authority over issuing reports on financial statements shall hold a license under this chapter or issued by another state; (b) At least one shareholder of the corporation shall hold a license under RCW 18.04.105 and 18.04.215, or, in the case of a corporation that must obtain a license pursuant to subsection (1)(a)(iii) of this section, be a licensee of another state who meets the requirements in RCW 18.04.350(2); (c) Each resident individual in charge of an office located in this state shall hold and renew a license under RCW 18.04.105 and 18.04.215; (d) A written agreement shall bind the corporation or its shareholders to purchase any shares offered for sale by, or not under the ownership or effective control of, a qualified shareholder, and bind any holder not a qualified shareholder to sell [Title 18 RCW—page 8] the shares to the corporation or its qualified shareholders. The agreement shall be noted on each certificate of corporate stock. The corporation may purchase any amount of its stock for this purpose, notwithstanding any impairment of capital, as long as one share remains outstanding; (e) The corporation shall comply with any other rules pertaining to corporations practicing public accounting in this state as the board may prescribe; and (f) The licensed firm must meet competency requirements established by rule by the board. (5) A limited liability company required to obtain a license under subsection (1) of this section shall license as a firm every three years with the board, and shall meet the following requirements: (a) At least one member of the limited liability company shall hold a license under RCW 18.04.105 and 18.04.215, or, in the case of a limited liability company that must obtain a license pursuant to subsection (1)(a)(iii) of this section, be a licensee of another state who meets the requirements in RCW 18.04.350(2); (b) Each resident manager or member in charge of an office located in this state shall hold and renew a license under RCW 18.04.105 and 18.04.215; (c) At least a simple majority of the ownership of the licensed firm in terms of financial interests and voting rights of all owners shall be held by persons who are licensees or holders of a valid license issued under this chapter or by another state. The principal member or manager of the limited liability company and any member having authority over issuing reports on financial statements shall hold a license under this chapter or issued by another state; and (d) The licensed firm must meet competency requirements established by rule by the board. (6) Application for a license as a firm with an office in this state shall be made upon the affidavit of the proprietor or individual designated as managing partner, member, or shareholder for Washington. This individual shall hold a license under RCW 18.04.215. (7) In the case of a firm licensed in another state and required to obtain a license under subsection (1)(a)(iii) of this section, the application for the firm license shall be made upon the affidavit of an individual who qualifies for practice privileges in this state under RCW 18.04.350(2) who has been authorized by the applicant firm to make the application. The board shall determine in each case whether the applicant is eligible for a license. (8) The board shall be given notification within ninety days after the admission or withdrawal of a partner, shareholder, or member engaged in this state in the practice of public accounting from any partnership, corporation, or limited liability company so licensed. (9) Licensed firms that fall out of compliance with the provisions of this section due to changes in firm ownership, after receiving or renewing a license, shall notify the board in writing within ninety days of its falling out of compliance and propose a time period in which they will come back into compliance. The board may grant a reasonable period of time for a firm to be in compliance with the provisions of this section. Failure to bring the firm into compliance within a reasonable period of time, as determined by the board, may result in sus(2008 Ed.) Accountancy pension, revocation, or imposition of conditions on the firm’s license. (10) Fees for the license as a firm and for notification of the board of the admission or withdrawal of a partner, shareholder, or member shall be determined by the board. Fees shall be paid by the firm at the time the license application form or notice of admission or withdrawal of a partner, shareholder, or member is filed with the board. (11) Nonlicensee owners of licensed firms are: (a) Required to fully comply with the provisions of this chapter and board rules; (b) Required to be an individual; (c) Required to be an active individual participant in the licensed firm or affiliated entities as these terms are defined by board rule; and (d) Subject to discipline by the board for violation of this chapter. (12) Resident nonlicensee owners of licensed firms are required to meet: (a) The ethics examination, registration, and fee requirements as established by the board rules; and (b) The ethics CPE requirements established by the board rules. (13)(a) Licensed firms must notify the board within thirty days after: (i) Sanction, suspension, revocation, or modification of their professional license or practice rights by the securities exchange commission, internal revenue service, or another state board of accountancy; (ii) Sanction or order against the licensee or nonlicensee firm owner by any federal or other state agency related to the licensee’s practice of public accounting or violation of ethical or technical standards established by board rule; or (iii) The licensed firm is notified that it has been charged with a violation of law that could result in the suspension or revocation of the firm’s license by a federal or other state agency, as identified by board rule, related to the firm’s professional license, practice rights, or violation of ethical or technical standards established by board rule. (b) The board must adopt rules to implement this subsection and may also adopt rules specifying requirements for licensees to report to the board sanctions or orders relating to the licensee’s practice of public accounting or violation of ethical or technical standards entered against the licensee by a nongovernmental professionally related standard-setting entity. [2008 c 16 § 3; 2003 c 290 § 1; 2001 c 294 § 11; 1999 c 378 § 5; 1994 c 211 § 1402; 1986 c 295 § 8; 1983 c 234 § 9.] Finding—Intent—2008 c 16: See note following RCW 18.04.025. Effective date—2001 c 294: See note following RCW 18.04.015. Effective date—Severability—1994 c 211: See RCW 25.15.900 and 25.15.902. 18.04.205 Registration of offices—Requirements— Rules—Fees. (1) Each office established or maintained in this state for the purpose of offering to issue or issuing attest or compilation reports in this state or that uses the title "certified public accountant" or "CPA," shall register with the board under this chapter every three years. (2) Each office established or maintained in this state shall be under the direct supervision of a resident licensee holding a license under RCW 18.04.105 and 18.04.215. 18.04.205 (2008 Ed.) 18.04.215 (3) The board shall by rule prescribe the procedure to be followed to register and maintain offices established in this state for the purpose of offering to issue or issuing attest or compilation reports or that use the title "certified public accountant" or "CPA." (4) Fees for the registration of offices shall be determined by the board. Fees shall be paid by the applicant at the time the registration form is filed with the board. [2008 c 16 § 4; 2001 c 294 § 12; 1999 c 378 § 6; 1992 c 103 § 9; 1986 c 295 § 9; 1983 c 234 § 10.] Finding—Intent—2008 c 16: See note following RCW 18.04.025. Effective date—2001 c 294: See note following RCW 18.04.015. 18.04.215 Licenses—Issuance—Renewal and reinstatement—Continuing professional education—Fees— Notification of sanction/suspension/revocation of license. (1) Three-year licenses shall be issued by the board: (a) To persons meeting the requirements of RCW 18.04.105(1), 18.04.180, or 18.04.183. (b) To certificate holders meeting the requirements of RCW 18.04.105(4). (c) To firms under RCW 18.04.195, meeting the requirements of RCW 18.04.205. (2) The board shall, by rule, provide for a system of certificate and license renewal and reinstatement. Applicants for renewal or reinstatement shall, at the time of filing their applications, list with the board all states and foreign jurisdictions in which they hold or have applied for certificates, permits or licenses to practice. (3) An inactive certificate is renewed every three years with renewal subject to the requirements of ethics CPE and the payment of fees, prescribed by the board. Failure to renew the inactive certificate shall cause the inactive certificate to lapse and be subject to reinstatement. The board shall adopt rules providing for fees and procedures for renewal and reinstatement of inactive certificates. (4) A license is issued every three years with renewal subject to requirements of CPE and payment of fees, prescribed by the board. Failure to renew the license shall cause the license to lapse and become subject to reinstatement. Persons holding a lapsed license are prohibited from using the title "CPA" or "certified public accountant." Persons holding a lapsed license are prohibited from practicing public accountancy. The board shall adopt rules providing for fees and procedures for issuance, renewal, and reinstatement of licenses. (5) The board shall adopt rules providing for CPE for licensees and certificate holders. The rules shall: (a) Provide that a licensee shall verify to the board that he or she has completed at least an accumulation of one hundred twenty hours of CPE during the last three-year period to maintain the license; (b) Establish CPE requirements; and (c) Establish when new licensees shall verify that they have completed the required CPE. (6) A certified public accountant who holds a license issued by another state, and applies for a license in this state, may practice in this state from the date of filing a completed application with the board, until the board has acted upon the application provided the application is made prior to holding out as a certified public accountant in this state and no sanc18.04.215 [Title 18 RCW—page 9] 18.04.295 Title 18 RCW: Businesses and Professions tions or investigations, deemed by the board to be pertinent to public accountancy, by other jurisdictions or agencies are in process. (7) A licensee shall submit to the board satisfactory proof of having completed an accumulation of one hundred twenty hours of CPE recognized and approved by the board during the preceding three years. Failure to furnish this evidence as required shall make the license lapse and subject to reinstatement procedures, unless the board determines the failure to have been due to retirement or reasonable cause. The board in its discretion may renew a certificate or license despite failure to furnish evidence of compliance with requirements of CPE upon condition that the applicant follow a particular program of CPE. In issuing rules and individual orders with respect to CPE requirements, the board, among other considerations, may rely upon guidelines and pronouncements of recognized educational and professional associations, may prescribe course content, duration, and organization, and may take into account the accessibility of CPE to licensees and certificate holders and instances of individual hardship. (8) Fees for renewal or reinstatement of certificates and licenses in this state shall be determined by the board under this chapter. Fees shall be paid by the applicant at the time the application form is filed with the board. The board, by rule, may provide for proration of fees for licenses or certificates issued between normal renewal dates. (9)(a) Licensees, certificate holders, and nonlicensee owners must notify the board within thirty days after: (i) Sanction, suspension, revocation, or modification of their professional license or practice rights by the securities exchange commission, internal revenue service, or another state board of accountancy; (ii) Sanction or order against the licensee, certificate holder, or nonlicensee owner by any federal or other state agency related to the licensee’s practice of public accounting or the licensee’s, certificate holder’s, or nonlicensee owner’s violation of ethical or technical standards established by board rule; or (iii) The licensee, certificate holder, or nonlicensee owner is notified that he or she has been charged with a violation of law that could result in the suspension or revocation of a license or certificate by a federal or other state agency, as identified by board rule, related to the licensee’s, certificate holder’s, or nonlicensee owner’s professional license, practice rights, or violation of ethical or technical standards established by board rule. (b) The board must adopt rules to implement this subsection and may also adopt rules specifying requirements for licensees, certificate holders, and nonlicensee owners to report to the board sanctions or orders relating to the licensee’s practice of public accounting or the licensee’s, certificate holder’s, or nonlicensee owner’s violation of ethical or technical standards entered against the licensee, certificate holder, or nonlicensee owner by a nongovernmental professionally related standard-setting entity. [2003 c 290 § 2; 2001 c 294 § 13; 1999 c 378 § 7; 1992 c 103 § 10; 1986 c 295 § 10; 1983 c 234 § 11.] Effective date—2001 c 294: See note following RCW 18.04.015. [Title 18 RCW—page 10] 18.04.295 Actions against CPA license. The board shall have the power to: Revoke, suspend, or refuse to issue, renew, or reinstate a license or certificate; impose a fine in an amount not to exceed thirty thousand dollars plus the board’s investigative and legal costs in bringing charges against a certified public accountant, a certificate holder, a licensee, a licensed firm, an applicant, a non-CPA violating the provisions of RCW 18.04.345, or a nonlicensee holding an ownership interest in a licensed firm; may impose full restitution to injured parties; may impose conditions precedent to renewal of a certificate or a license; or may prohibit a nonlicensee from holding an ownership interest in a licensed firm, for any of the following causes: (1) Fraud or deceit in obtaining a license, or in any filings with the board; (2) Dishonesty, fraud, or negligence while representing oneself as a nonlicensee owner holding an ownership interest in a licensed firm, a licensee, or a certificate holder; (3) A violation of any provision of this chapter; (4) A violation of a rule of professional conduct promulgated by the board under the authority granted by this chapter; (5) Conviction of a crime or an act constituting a crime under: (a) The laws of this state; (b) The laws of another state, and which, if committed within this state, would have constituted a crime under the laws of this state; or (c) Federal law; (6) Cancellation, revocation, suspension, or refusal to renew the authority to practice as a certified public accountant by any other state for any cause other than failure to pay a fee or to meet the requirements of CPE in the other state; (7) Suspension or revocation of the right to practice matters relating to public accounting before any state or federal agency; For purposes of subsections (6) and (7) of this section, a certified copy of such revocation, suspension, or refusal to renew shall be prima facie evidence; (8) Failure to maintain compliance with the requirements for issuance, renewal, or reinstatement of a certificate or license, or to report changes to the board; (9) Failure to cooperate with the board by: (a) Failure to furnish any papers or documents requested or ordered by the board; (b) Failure to furnish in writing a full and complete explanation covering the matter contained in the complaint filed with the board or the inquiry of the board; (c) Failure to respond to subpoenas issued by the board, whether or not the recipient of the subpoena is the accused in the proceeding; (10) Failure by a nonlicensee owner of a licensed firm to comply with the requirements of this chapter or board rule; and (11) Failure to comply with an order of the board. [2004 c 159 § 4; 2003 c 290 § 3; 2001 c 294 § 14; 2000 c 171 § 1; 1992 c 103 § 11; 1986 c 295 § 11; 1983 c 234 § 12.] 18.04.295 Effective date—2001 c 294: See note following RCW 18.04.015. 18.04.305 Actions against firm license. The board may revoke, suspend, or refuse to renew the license issued to 18.04.305 (2008 Ed.) Accountancy a firm if at any time the firm does not meet the requirements of this chapter for licensing, or for any of the causes enumerated in RCW 18.04.295, or for any of the following additional causes: (1) The revocation or suspension of the sole-practitioner’s license or the revocation or suspension or refusal to renew the license of any partner, manager, member, or shareholder; (2) The revocation, suspension, or refusal to renew the license of the firm, or any partner, manager, member, or shareholder thereof, to practice public accounting in any other state or foreign jurisdiction for any cause other than failure to pay a fee or to meet the CPE requirements of the other state or foreign jurisdiction; (3) Failure by a nonlicensee owner of a licensed firm to comply with the requirements of this chapter or board rule; or (4) Failure of the firm to comply with the requirements of this chapter or board rule. [2001 c 294 § 15; 1992 c 103 § 12; 1986 c 295 § 12; 1983 c 234 § 13.] Effective date—2001 c 294: See note following RCW 18.04.015. 18.04.320 Actions against license—Procedures. In the case of the refusal, revocation, or suspension of a certificate or a license by the board under the provisions of this chapter, such proceedings and any appeal therefrom shall be taken in accordance with the administrative procedure act, chapter 34.05 RCW. [1986 c 295 § 13; 1983 c 234 § 14; 1949 c 226 § 31; Rem. Supp. 1949 § 8269-38.] 18.04.320 18.04.335 Reissuance or modification of suspension of license or certificate. (1) Upon application in writing and after hearing pursuant to notice, the board may: (a) Modify the suspension of, or reissue a certificate or a license to, an individual whose certificate or license has been revoked or suspended; or (b) Modify the suspension of, or reissue a license to a firm whose license has been revoked, suspended, or which the board has refused to renew. (2) In the case of suspension for failure to comply with a support order under chapter 74.20A RCW, if the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of a certificate or a license shall be automatic upon the board’s receipt of a release issued by the department of social and health services stating that the individual is in compliance with the order. [2001 c 294 § 16; 1997 c 58 § 812; 1992 c 103 § 13; 1986 c 295 § 14; 1983 c 234 § 15.] 18.04.335 Effective date—2001 c 294: See note following RCW 18.04.015. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 18.04.345 Prohibited practices. (1) No individual may assume or use the designation "certified public accountantinactive" or "CPA-inactive" or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the individual is a certified public accountantinactive or CPA-inactive unless the individual holds a certif18.04.345 (2008 Ed.) 18.04.345 icate. Individuals holding only a certificate may not practice public accounting. (2) No individual may hold himself or herself out to the public or assume or use the designation "certified public accountant" or "CPA" or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the individual is a certified public accountant or CPA unless the individual qualifies for the privileges authorized by RCW 18.04.350(2) or holds a license under RCW 18.04.105 and 18.04.215. (3) No firm with an office in this state may practice public accounting in this state or assume or use the designation "certified public accountant" or "CPA" or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the firm is composed of certified public accountants or CPAs, unless the firm is licensed under RCW 18.04.195 and all offices of the firm in this state are maintained and registered under RCW 18.04.205. (4) No firm may perform the services defined in RCW 18.04.025(21) (a), (c), or (d) for a client with its home office in this state unless the firm is licensed under RCW 18.04.195, renews the firm license as required under RCW 18.04.215, and all offices of the firm in this state are maintained and registered under RCW 18.04.205. (5) No individual, partnership, limited liability company, or corporation offering public accounting services to the public may hold himself, herself, or itself out to the public, or assume or use along, or in connection with his, hers, or its name, or any other name the title or designation "certified accountant," "chartered accountant," "licensed accountant," "licensed public accountant," "public accountant," or any other title or designation likely to be confused with "certified public accountant" or any of the abbreviations "CA," "LA," "LPA," or "PA," or similar abbreviations likely to be confused with "CPA." (6) No licensed firm may operate under an alias, a firm name, title, or "DBA" that differs from the firm name that is registered with the board. (7) No individual with an office in this state may sign, affix, or associate his or her name or any trade or assumed name used by the individual in his or her business to any report prescribed by professional standards unless the individual holds a license to practice under RCW 18.04.105 and 18.04.215, a firm holds a license under RCW 18.04.195, and all of the individual’s offices in this state are registered under RCW 18.04.205. (8) No individual licensed in another state may sign, affix, or associate a firm name to any report prescribed by professional standards, or associate a firm name in conjunction with the title certified public accountant, unless the individual: (a) Qualifies for the practice privileges authorized by RCW 18.04.350(2); or (b) Is licensed under RCW 18.04.105 and 18.04.215, and all of the individual’s offices in this state are maintained and registered under RCW 18.04.205. (9) No individual, partnership, limited liability company, or corporation not holding a license to practice under RCW 18.04.105 and 18.04.215, or firm not licensed under RCW 18.04.195 or firm not registering all of the firm’s offices in this state under RCW 18.04.205, or not qualified for the prac[Title 18 RCW—page 11] 18.04.350 Title 18 RCW: Businesses and Professions tice privileges authorized by RCW 18.04.350(2), may hold himself, herself, or itself out to the public as an "auditor" with or without any other description or designation by use of such word on any sign, card, letterhead, or in any advertisement or directory. (10) For purposes of this section, because individuals practicing using practice privileges under RCW 18.04.350(2) are deemed substantially equivalent to licensees under RCW 18.04.105 and 18.04.215, every word, term, or reference that includes the latter shall be deemed to include the former, provided the conditions of such practice privilege, as set forth in RCW 18.04.350 (4) and (5) are maintained. (11) Notwithstanding anything to the contrary in this section, it is not a violation of this section for a firm that does not hold a valid license under RCW 18.04.195 and that does not have an office in this state to provide its professional services in this state so long as it complies with the requirements of RCW 18.04.195(1)(b). [2008 c 16 § 5; 2001 c 294 § 17; 1999 c 378 § 8; 1992 c 103 § 14; 1986 c 295 § 15; 1983 c 234 § 16.] Finding—Intent—2008 c 16: See note following RCW 18.04.025. Effective date—2001 c 294: See note following RCW 18.04.015. 18.04.350 Practices not prohibited. (1) Nothing in this chapter prohibits any individual not holding a license and not qualified for the practice privileges authorized by subsection (2) of this section from serving as an employee of a firm licensed under RCW 18.04.195 and 18.04.215. However, the employee shall not issue any compilation, review, audit, or examination report on financial or other information over his or her name. (2) An individual whose principal place of business is not in this state shall be presumed to have qualifications substantially equivalent to this state’s requirements and shall have all the privileges of licensees of this state without the need to obtain a license under RCW 18.04.105 if the individual: (a) Holds a valid license as a certified public accountant from any state that requires, as a condition of licensure, that an individual: (i) Have at least one hundred fifty semester hours of college or university education including a baccalaureate or higher degree conferred by a college or university; (ii) Achieve a passing grade on the uniform certified public accountant examination; and (iii) Possess at least one year of experience including service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax, or consulting skills, all of which was verified by a licensee; or (b) Holds a valid license as a certified public accountant from any state that does not meet the requirements of (a) of this subsection, but such individual’s qualifications are substantially equivalent to those requirements. Any individual who passed the uniform certified public accountant examination and holds a valid license issued by any other state prior to January 1, 2012, may be exempt from the education requirements in (a)(i) of this subsection for purposes of this section. (3) Notwithstanding any other provision of law, an individual who qualifies for the practice privilege under subsec18.04.350 [Title 18 RCW—page 12] tion (2) of this section may offer or render professional services, whether in person or by mail, telephone, or electronic means, and no notice, fee, or other submission shall be provided by any such individual. Such an individual shall be subject to the requirements of subsection (4) of this section. (4) Any individual licensee of another state exercising the privilege afforded under subsection (2) of this section and the firm that employs that licensee simultaneously consent, as a condition of exercising this privilege: (a) To the personal and subject matter jurisdiction and disciplinary authority of the board; (b) To comply with this chapter and the board’s rules; (c) That in the event the license from the state of the individual’s principal place of business is no longer valid, the individual will cease offering or rendering professional services in this state individually and on behalf of a firm; and (d) To the appointment of the state board which issued the certificate or license as their agent upon whom process may be served in any action or proceeding by this state’s board against the certificate holder or licensee. (5) An individual who qualifies for practice privileges under subsection (2) of this section may, for any entity with its home office in this state, perform the following services only through a firm that has obtained a license under RCW 18.04.195 and 18.04.215: (a) Any financial statement audit or other engagement to be performed in accordance with statements on auditing standards; (b) Any examination of prospective financial information to be performed in accordance with statements on standards for attestation engagements; or (c) Any engagement to be performed in accordance with public company accounting oversight board auditing standards. (6) A licensee of this state offering or rendering services or using their CPA title in another state shall be subject to disciplinary action in this state for an act committed in another state for which the licensee would be subject to discipline for an act committed in the other state. Notwithstanding RCW 18.04.295 and this section, the board shall cooperate with and investigate any complaint made by the board of accountancy of another state or jurisdiction. (7) Nothing in this chapter prohibits a licensee, a licensed firm, any of their employees, or persons qualifying for practice privileges by this section from disclosing any data in confidence to other certified public accountants, quality assurance or peer review teams, partnerships, limited liability companies, or corporations of certified public accountants or to the board or any of its employees engaged in conducting quality assurance or peer reviews, or any one of their employees in connection with quality or peer reviews of that accountant’s accounting and auditing practice conducted under the auspices of recognized professional associations. (8) Nothing in this chapter prohibits a licensee, a licensed firm, any of their employees, or persons qualifying for practice privileges by this section from disclosing any data in confidence to any employee, representative, officer, or committee member of a recognized professional association, or to the board, or any of its employees or committees in connection with a professional investigation held under the auspices of recognized professional associations or the board. (2008 Ed.) Accountancy (9) Nothing in this chapter prohibits any officer, employee, partner, or principal of any organization: (a) From affixing his or her signature to any statement or report in reference to the affairs of the organization with any wording designating the position, title, or office which he or she holds in the organization; or (b) From describing himself or herself by the position, title, or office he or she holds in such organization. (10) Nothing in this chapter prohibits any person or firm composed of persons not holding a license under this chapter from offering or rendering to the public bookkeeping, accounting, tax services, the devising and installing of financial information systems, management advisory, or consulting services, the preparation of tax returns, or the furnishing of advice on tax matters, the preparation of financial statements, written statements describing how such financial statements were prepared, or similar services, provided that persons, partnerships, limited liability companies, or corporations not holding a license who offer or render these services do not designate any written statement as an "audit report," "review report," or "compilation report," do not issue any written statement which purports to express or disclaim an opinion on financial statements which have been audited, and do not issue any written statement which expresses assurance on financial statements which have been reviewed. (11) Nothing in this chapter prohibits any act of or the use of any words by a public official or a public employee in the performance of his or her duties. (12) Nothing contained in this chapter prohibits any person who holds only a valid certificate from assuming or using the designation "certified public accountant-inactive" or "CPA-inactive" or any other title, designation, words, letters, sign, card, or device tending to indicate the person is a certificate holder, provided, that such person does not perform or offer to perform for the public one or more kinds of services involving the use of accounting or auditing skills, including issuance of reports on financial statements or of one or more kinds of management advisory, financial advisory, consulting services, the preparation of tax returns, or the furnishing of advice on tax matters. (13) Nothing in this chapter prohibits the use of the title "accountant" by any person regardless of whether the person has been granted a certificate or holds a license under this chapter. Nothing in this chapter prohibits the use of the title "enrolled agent" or the designation "EA" by any person regardless of whether the person has been granted a certificate or holds a license under this chapter if the person is properly authorized at the time of use to use the title or designation by the United States department of the treasury. The board shall by rule allow the use of other titles by any person regardless of whether the person has been granted a certificate or holds a license under this chapter if the person using the titles or designations is authorized at the time of use by a nationally recognized entity sanctioning the use of board authorized titles. [2008 c 16 § 6; 2001 c 294 § 18; 1992 c 103 § 15; 1986 c 295 § 16; 1983 c 234 § 17; 1969 c 114 § 7; 1949 c 226 § 34; Rem. Supp. 1949 § 8269-41.] 18.04.370 18.04.360 Practices may be enjoined. If, in the judgment of the board any person has engaged, or is about to engage, in any acts or practices which constitute, or will constitute, a violation of this chapter, the board may make application to the appropriate court for an order enjoining such acts or practices and upon a showing by the board that such person has engaged, or is about to engage, in any such acts or practices, an injunction, restraining order, or such other order as may be appropriate may be granted by such court. [1983 c 234 § 18; 1949 c 226 § 35; Rem. Supp. 1949 § 8269-42.] 18.04.360 Injunctions: Chapter 7.40 RCW. 18.04.370 Penalty. (1) Any person who violates any provision of this chapter shall be guilty of a crime, as follows: (a) Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not more than thirty thousand dollars, or to imprisonment for not more than six months, or to both such fine and imprisonment. (b) Notwithstanding (a) of this subsection, any person who uses a professional title intended to deceive the public, in violation of RCW 18.04.345, having previously entered into a stipulated agreement and order of assurance with the board, is guilty of a class C felony, and upon conviction thereof, is subject to a fine of not more than thirty thousand dollars, or to imprisonment for not more than two years, or to both such fine and imprisonment. (c) Notwithstanding (a) of this subsection, any person whose license or certificate was suspended or revoked by the board and who uses the CPA professional title intending to deceive the public, in violation of RCW 18.04.345, having previously entered into a stipulated agreement and order of assurance with the board, is guilty of a class C felony, and upon conviction thereof, is subject to a fine of not more than thirty thousand dollars, or to imprisonment for not more than two years, or to both fine and imprisonment. (2) With the exception of first time violations of RCW 18.04.345, subject to subsection (3) of this section whenever the board has reason to believe that any person is violating the provisions of this chapter it shall certify the facts to the prosecuting attorney of the county in which such person resides or may be apprehended and the prosecuting attorney shall cause appropriate proceedings to be brought against such person. (3) The board may elect to enter into a stipulated agreement and orders of assurance with persons in violation of RCW 18.04.345 who have not previously been found to have violated the provisions of this chapter. The board may order full restitution to injured parties as a condition of a stipulated agreement and order of assurance. (4) Nothing herein contained shall be held to in any way affect the power of the courts to grant injunctive or other relief as above provided. [2004 c 159 § 5. Prior: 2003 c 290 § 5; 2003 c 53 § 120; 2001 c 294 § 19; 1983 c 234 § 19; 1949 c 226 § 36; Rem. Supp. 1949 § 8269-43.] 18.04.370 Effective date—2004 c 159 § 5: "Section 5 of this act takes effect July 1, 2004." [2004 c 159 § 6.] Finding—Intent—2008 c 16: See note following RCW 18.04.025. Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Effective date—2001 c 294: See note following RCW 18.04.015. Effective date—2001 c 294: See note following RCW 18.04.015. (2008 Ed.) [Title 18 RCW—page 13] 18.04.380 Title 18 RCW: Businesses and Professions 18.04.380 Advertising falsely—Effect. (1) The display or presentation by a person of a card, sign, advertisement, or other printed, engraved, or written instrument or device, bearing a person’s name in conjunction with the words "certified public accountant" or any abbreviation thereof shall be prima facie evidence in any action brought under this chapter that the person whose name is so displayed, caused or procured the display or presentation of the card, sign, advertisement, or other printed, engraved, or written instrument or device, and that the person is holding himself or herself out to be a licensee, a certified public accountant, or a person holding a certificate under this chapter. (2) The display or presentation by a person of a card, sign, advertisement, or other printed, engraved, or written instrument or device, bearing a person’s name in conjunction with the words certified public accountant-inactive or any abbreviation thereof is prima facie evidence in any action brought under this chapter that the person whose name is so displayed caused or procured the display or presentation of the card, sign, advertisement, or other printed, engraved, or written instrument or device, and that the person is holding himself or herself out to be a certified public accountant-inactive under this chapter. (3) In any action under subsection (1) or (2) of this section, evidence of the commission of a single act prohibited by this chapter is sufficient to justify an injunction or a conviction without evidence of a general course of conduct. [2001 c 294 § 20; 1986 c 295 § 17; 1983 c 234 § 20; 1949 c 226 § 37; Rem. Supp. 1949 § 8269-44.] 18.04.380 Effective date—2001 c 294: See note following RCW 18.04.015. False advertising: Chapter 9.04 RCW. 18.04.390 Papers, records, schedules, etc., property of the licensee or licensed firm—Prohibited practices— Rights of client. (1) In the absence of an express agreement between the licensee or licensed firm and the client to the contrary, all statements, records, schedules, working papers, and memoranda made by a licensee or licensed firm incident to or in the course of professional service to clients, except reports submitted by a licensee or licensed firm, are the property of the licensee or licensed firm. (2) No statement, record, schedule, working paper, or memorandum may be sold, transferred, or bequeathed without the consent of the client or his or her personal representative or assignee, to anyone other than one or more surviving partners, shareholders, or new partners or new shareholders of the licensee, partnership, limited liability company, or corporation, or any combined or merged partnership, limited liability company, or corporation, or successor in interest. (3) A licensee shall furnish to the board or to his or her client or former client, upon request and reasonable notice: (a) A copy of the licensee’s working papers or electronic documents, to the extent that such working papers or electronic documents include records that would ordinarily constitute part of the client’s records and are not otherwise available to the client; and (b) Any accounting or other records belonging to, or obtained from or on behalf of, the client that the licensee removed from the client’s premises or received for the client’s account; the licensee may make and retain copies of 18.04.390 [Title 18 RCW—page 14] such documents of the client when they form the basis for work done by him or her. (4)(a) For a period of seven years after the end of the fiscal period in which a licensed firm concludes an audit or review of a client’s financial statements, the licensed firm must retain records relevant to the audit or review, as determined by board rule. (b) The board must adopt rules to implement this subsection, including rules relating to working papers and document retention. (5) Nothing in this section should be construed as prohibiting any temporary transfer of workpapers or other material necessary in the course of carrying out peer reviews or as otherwise interfering with the disclosure of information pursuant to RCW 18.04.405. [2003 c 290 § 4; 2001 c 294 § 21; 1992 c 103 § 16; 1986 c 295 § 18; 1983 c 234 § 21; 1949 c 226 § 38; Rem. Supp. 1949 § 8269-45.] Effective date—2001 c 294: See note following RCW 18.04.015. 18.04.405 18.04.405 Confidential information—Disclosure, when—Subpoenas. (1) A licensee, certificate holder, or licensed firm, or any of their employees shall not disclose any confidential information obtained in the course of a professional transaction except with the consent of the client or former client or as disclosure may be required by law, legal process, the standards of the profession, or as disclosure of confidential information is permitted by *RCW 18.04.350 (3) and (4), 18.04.295(8), 18.04.390, and this section in connection with quality assurance, or peer reviews, investigations, and any proceeding under chapter 34.05 RCW. (2) This section shall not be construed as limiting the authority of this state or of the United States or an agency of this state, the board, or of the United States to subpoena and use such confidential information obtained by a licensee, or any of their employees in the course of a professional transaction in connection with any investigation, public hearing, or other proceeding, nor shall this section be construed as prohibiting a licensee or certified public accountant whose professional competence has been challenged in a court of law or before an administrative agency from disclosing confidential information as a part of a defense to the court action or administrative proceeding. (3) The proceedings, records, and work papers of a review committee shall be privileged and shall not be subject to discovery, subpoena, or other means of legal process or introduction into evidence in any civil action, arbitration, administrative proceeding, or board proceeding and no member of the review committee or person who was involved in the peer review process shall be permitted or required to testify in any such civil action, arbitration, administrative proceeding, or board proceeding as to any matter produced, presented, disclosed, or discussed during or in connection with the peer review process, or as to any findings, recommendations, evaluations, opinions, or other actions of such committees, or any members thereof. Information, documents, or records that are publicly available are not to be construed as immune from discovery or use in any civil action, arbitration, administrative proceeding, or board proceeding merely because they were presented or considered in connection (2008 Ed.) Acupuncture with the quality assurance or peer review process. [2001 c 294 § 22; 1992 c 103 § 17; 1986 c 295 § 19; 1983 c 234 § 23.] *Reviser’s note: RCW 18.04.350 was amended by 2008 c 16 § 6, changing subsections (3) and (4) to subsections (7) and (8). Effective date—2001 c 294: See note following RCW 18.04.015. 18.06.010 18.04.910 Effective date—1983 c 234. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1983. [1983 c 234 § 35.] 18.04.910 18.04.911 Effective date—1986 c 295. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1986, except as provided in this section. *Section 5 of this act shall not become effective if sections 90(1) and 4 of Engrossed Substitute House Bill No. 1758 become law. [1986 c 295 § 24.] 18.04.911 18.04.420 18.04.420 License or certificate suspension—Nonpayment or default on educational loan or scholarship. The board shall suspend the license or certificate of any person who has been certified by a lending agency and reported to the board for nonpayment or default on a federally or stateguaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person’s license or certificate shall not be reissued until the person provides the board a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure or certification during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the board may impose. [1996 c 293 § 2.] Severability—1996 c 293: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1996 c 293 § 28.] 18.04.430 18.04.430 License or certificate suspension—Noncompliance with support order—Reissuance. The board shall immediately suspend the certificate or license of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the board’s receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order. [1997 c 58 § 811.] *Reviser’s note: 1997 c 58 § 887 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 18.04.901 18.04.901 Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. [1986 c 295 § 20; 1983 c 234 § 34.] (2008 Ed.) *Reviser’s note: Section 5 of this act was vetoed by the governor. 18.04.920 Short title. This chapter may be cited as the public accountancy act. [1986 c 295 § 22; 1983 c 234 § 1.] 18.04.920 Chapter 18.06 Chapter 18.06 RCW ACUPUNCTURE Sections 18.06.010 18.06.020 18.06.045 18.06.050 18.06.060 18.06.070 18.06.080 18.06.090 18.06.100 18.06.110 18.06.120 18.06.130 18.06.140 18.06.160 18.06.180 18.06.190 18.06.200 18.06.210 Definitions. Practice without license unlawful. Exemptions from chapter. Applications for examination—Qualifications. Approval of educational programs. Approval of applications—Examination fee. Authority of secretary—Examination—Contents—Ad hoc committee—Immunity. Fluency in English required. Investigation of applicant’s background. Application of Uniform Disciplinary Act. Compliance with administrative procedures—Fees. Patient information form—Penalty. Consultation and referral to other health care practitioners. Adoption of rules. Application of chapter to previously registered acupuncture assistants. Licensing by endorsement. Health care insurance benefits not mandatory. Prescription of drugs and practice of medicine not authorized. Performance of acupuncture by physician assistants and osteopathic physician assistants: RCW 18.57A.070. 18.06.010 Definitions. The following terms in this chapter shall have the meanings set forth in this section unless the context clearly indicates otherwise: (1) "Acupuncture" means a health care service based on an Oriental system of medical theory utilizing Oriental diagnosis and treatment to promote health and treat organic or functional disorders by treating specific acupuncture points or meridians. Acupuncture includes the following techniques: (a) Use of acupuncture needles to stimulate acupuncture points and meridians; (b) Use of electrical, mechanical, or magnetic devices to stimulate acupuncture points and meridians; (c) Moxibustion; (d) Acupressure; (e) Cupping; (f) Dermal friction technique; (g) Infra-red; (h) Sonopuncture; 18.06.010 [Title 18 RCW—page 15] 18.06.020 Title 18 RCW: Businesses and Professions (i) Laserpuncture; (j) Point injection therapy (aquapuncture); and (k) Dietary advice based on Oriental medical theory provided in conjunction with techniques under (a) through (j) of this subsection. (2) "Acupuncturist" means a person licensed under this chapter. (3) "Department" means the department of health. (4) "Secretary" means the secretary of health or the secretary’s designee. [1995 c 323 § 4; 1992 c 110 § 1; 1991 c 3 § 4; 1985 c 326 § 1.] 18.06.020 Practice without license unlawful. (1) No one may hold themselves out to the public as an acupuncturist or licensed acupuncturist or any derivative thereof which is intended to or is likely to lead the public to believe such a person is an acupuncturist or licensed acupuncturist unless licensed as provided for in this chapter. (2) A person may not practice acupuncture if the person is not licensed under this chapter. (3) No one may use any configuration of letters after their name (including Ac.) which indicates a degree or formal training in acupuncture unless licensed as provided for in this chapter. (4) The secretary may by rule proscribe or regulate advertising and other forms of patient solicitation which are likely to mislead or deceive the public as to whether someone is licensed under this chapter. [1995 c 323 § 5; 1991 c 3 § 5; 1985 c 326 § 2.] 18.06.020 18.06.045 Exemptions from chapter. Nothing in this chapter shall be construed to prohibit or restrict: (1) The practice by an individual credentialed under the laws of this state and performing services within such individual’s authorized scope of practice; (2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States; (3) The practice by a person who is a regular student in an educational program approved by the secretary, and whose performance of services is pursuant to a regular course of instruction or assignments from an instructor and under the general supervision of the instructor; (4) The practice of acupuncture by any person credentialed to perform acupuncture in any other jurisdiction where such person is doing so in the course of regular instruction of a school of acupuncture approved by the secretary or in an educational seminar by a professional organization of acupuncture, provided that in the latter case, the practice is supervised directly by a person licensed under this chapter or licensed under any other healing art whose scope of practice includes acupuncture. [1995 c 323 § 6; 1992 c 110 § 2.] 18.06.045 18.06.050 Applications for examination—Qualifications. Any person seeking to be examined shall present to the secretary at least forty-five days before the commencement of the examination: (1) A written application on a form or forms provided by the secretary setting forth under affidavit such information as the secretary may require; and 18.06.050 [Title 18 RCW—page 16] (2) Proof that the candidate has: (a) Successfully completed a course, approved by the secretary, of didactic training in basic sciences and acupuncture over a minimum period of two academic years. The training shall include such subjects as anatomy, physiology, microbiology, biochemistry, pathology, hygiene, and a survey of western clinical sciences. The basic science classes must be equivalent to those offered at the collegiate level. However, if the applicant is a licensed chiropractor under chapter 18.25 RCW or a naturopath licensed under chapter 18.36A RCW, the requirements of this subsection relating to basic sciences may be reduced by up to one year depending upon the extent of the candidate’s qualifications as determined under rules adopted by the secretary; (b) Successfully completed five hundred hours of clinical training in acupuncture that is approved by the secretary. [2004 c 262 § 2; 1991 c 3 § 7; 1987 c 447 § 15; 1985 c 326 § 5.] Findings—2004 c 262: "The legislature finds that the health care workforce shortage is contributing to the health care crisis. The legislature also finds that some unnecessary barriers exist that slow or prevent qualified applicants from becoming credentialed health care providers. The legislature further finds that eliminating these initial barriers to licensure will contribute to state initiatives directed toward easing the health care personnel shortage in Washington." [2004 c 262 § 1.] Severability—1987 c 447: See RCW 18.36A.901. 18.06.060 18.06.060 Approval of educational programs. The department shall consider for approval any school, program, apprenticeship, or tutorial which meets the requirements outlined in this chapter and provides the training required under RCW 18.06.050. Clinical and didactic training may be approved as separate programs or as a joint program. The process for approval shall be established by the secretary by rule. [1991 c 3 § 8; 1985 c 326 § 6.] 18.06.070 18.06.070 Approval of applications—Examination fee. No applicant may be permitted to take an examination under this chapter until the secretary has approved his or her application and the applicant has paid an examination fee as prescribed under RCW 43.70.250. The examination fee shall accompany the application. [1991 c 3 § 9; 1985 c 326 § 7.] 18.06.080 18.06.080 Authority of secretary—Examination— Contents—Ad hoc committee—Immunity. (1) The secretary is hereby authorized and empowered to execute the provisions of this chapter and shall offer examinations in acupuncture at least twice a year at such times and places as the secretary may select. The examination shall be a written examination and may include a practical examination. (2) The secretary shall develop or approve a licensure examination in the subjects that the secretary determines are within the scope of and commensurate with the work performed by licensed acupuncturists and shall include but not necessarily be limited to anatomy, physiology, microbiology, biochemistry, pathology, hygiene, and acupuncture. All application papers shall be deposited with the secretary and there retained for at least one year, when they may be destroyed. (2008 Ed.) Acupuncture (3) If the examination is successfully passed, the secretary shall confer on such candidate the title of Licensed Acupuncturist. (4) The secretary may appoint members of the profession to serve in an ad hoc advisory capacity to the secretary in carrying out this chapter. The members will serve for designated times and provide advice on matters specifically identified and requested by the secretary. The members shall be compensated in accordance with RCW 43.03.220 and reimbursed for travel expenses under RCW 43.03.040 and 43.03.060. (5) The secretary, ad hoc committee members, or individuals acting in their behalf are immune from suit in a civil action based on any certification or disciplinary proceedings or other official acts performed in the course of their duties. [1995 c 323 § 7; 1994 sp.s. c 9 § 502; 1992 c 110 § 3; 1991 c 3 § 10; 1985 c 326 § 8.] Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.06.090 18.06.090 Fluency in English required. Before licensure, each applicant shall demonstrate sufficient fluency in reading, speaking, and understanding the English language to enable the applicant to communicate with other health care providers and patients concerning health care problems and treatment. [1995 c 323 § 8; 1985 c 326 § 9.] 18.06.100 18.06.100 Investigation of applicant’s background. Each applicant shall, as part of his or her application, furnish written consent to an investigation of his or her personal background, professional training, and experience by the department or any person acting on its behalf. [1985 c 326 § 10.] 18.06.110 18.06.110 Application of Uniform Disciplinary Act. The Uniform Disciplinary Act, chapter 18.130 RCW, governs uncertified practice, the issuance and denial of licenses, and the disciplining of license holders under this chapter. The secretary shall be the disciplining authority under this chapter. [1995 c 323 § 9; 1991 c 3 § 11; 1987 c 150 § 9; 1985 c 326 § 11.] Severability—1987 c 150: See RCW 18.122.901. 18.06.120 18.06.120 Compliance with administrative procedures—Fees. (1) Every person licensed in acupuncture shall comply with the administrative procedures and administrative requirements for registration and renewal set by the secretary under RCW 43.70.250 and 43.70.280. (2) All fees collected under this section and RCW 18.06.070 shall be credited to the health professions account as required under RCW 43.70.320. [1996 c 191 § 3; 1995 c 323 § 10; 1992 c 110 § 4; 1991 c 3 § 12; 1985 c 326 § 12.] 18.06.200 (2) A person violating this section is guilty of a misdemeanor. [2003 c 53 § 121; 1995 c 323 § 11; 1991 c 3 § 13; 1985 c 326 § 13.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 18.06.140 Consultation and referral to other health care practitioners. (1) Every licensed acupuncturist shall develop a written plan for consultation, emergency transfer, and referral to other health care practitioners operating within the scope of their authorized practices. The written plan shall be submitted with the initial application for licensure as well as annually thereafter with the license renewal fee to the department. The department may withhold licensure or renewal of licensure if the plan fails to meet the standards contained in rules adopted by the secretary. (2) When the acupuncturist sees patients with potentially serious disorders such as cardiac conditions, acute abdominal symptoms, and such other conditions, the acupuncturist shall immediately request a consultation or recent written diagnosis from a physician licensed under chapter 18.71 or 18.57 RCW. In the event that the patient with the disorder refuses to authorize such consultation or provide a recent diagnosis from such physician, acupuncture treatment shall not be continued. (3) A person violating this section is guilty of a misdemeanor. [2003 c 53 § 122; 1995 c 323 § 12; 1991 c 3 § 14; 1985 c 326 § 14.] 18.06.140 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 18.06.160 Adoption of rules. The secretary shall adopt rules in the manner provided by chapter 34.05 RCW as are necessary to carry out the purposes of this chapter. [1991 c 3 § 15; 1985 c 326 § 16.] 18.06.160 18.06.180 Application of chapter to previously registered acupuncture assistants. All persons registered as acupuncture assistants pursuant to chapter 18.71A or 18.57A RCW on July 28, 1985, shall be certified under this chapter by the secretary without examination if they otherwise would qualify for certification under this chapter and apply for certification within one hundred twenty days of July 28, 1985. [1991 c 3 § 17; 1985 c 326 § 18.] 18.06.180 18.06.190 Licensing by endorsement. The secretary may license a person without examination if such person is credentialed as an acupuncturist in another jurisdiction if, in the secretary’s judgment, the requirements of that jurisdiction are equivalent to or greater than those of Washington state. [1995 c 323 § 13; 1991 c 3 § 18; 1985 c 326 § 19.] 18.06.190 18.06.200 Health care insurance benefits not mandatory. Nothing in this chapter may be construed to require that individual or group policies or contracts of an insurance carrier, health care service contractor, or health maintenance organization provide benefits or coverage for services and supplies provided by a person licensed under this chapter. [1995 c 323 § 14; 1985 c 326 § 20.] 18.06.200 18.06.130 18.06.130 Patient information form—Penalty. (1) The secretary shall develop a form to be used by an acupuncturist to inform the patient of the acupuncturist’s scope of practice and qualifications. All license holders shall bring the form to the attention of the patients in whatever manner the secretary, by rule, provides. (2008 Ed.) [Title 18 RCW—page 17] 18.06.210 Title 18 RCW: Businesses and Professions 18.06.210 Prescription of drugs and practice of medicine not authorized. This chapter shall not be construed as permitting the administration or prescription of drugs or in any way infringing upon the practice of medicine and surgery as defined in chapter 18.71 or 18.57 RCW, except as authorized in this chapter. [1985 c 326 § 21.] 18.06.210 Chapter 18.08 Chapter 18.08 RCW ARCHITECTS Sections 18.08.235 18.08.240 18.08.310 18.08.320 18.08.330 18.08.340 18.08.350 18.08.360 18.08.370 18.08.380 18.08.390 18.08.400 18.08.410 18.08.420 18.08.430 18.08.440 18.08.460 18.08.470 18.08.480 18.08.490 18.08.900 Legislative findings—1985 c 37. Architects’ license account. Registration or authorization to practice required. Definitions. Board of registration—Appointment, terms, vacancies, removal—Officers—Travel expenses. Board of registration—Rules—Executive secretary. Certificate of registration—Application—Qualifications. Examinations. Issuance of certificates of registration—Seal, use. Certificates of registration, authorization—Replacement of lost, destroyed, or mutilated certificates. Registration of prior registrants. Registration of out-of-state registrants. Application of chapter. Organization as corporation or joint stock association—Procedure—Requirements. Renewal of certificates of registration—Withdrawal. Powers under RCW 18.235.110—Grounds. Violation of chapter—Penalties—Enforcement—Injunctions—Persons who may initiate proceedings. Certificate or registration suspension—Nonpayment or default on educational loan or scholarship. Certificate of registration or authorization suspension—Noncompliance with support order—Reissuance. Uniform regulation of business and professions act. Severability—1985 c 37. Public contracts for architectural services: Chapter 39.80 RCW. Safety requirements as to doors, public buildings, and places of entertainment: RCW 70.54.070. 18.08.235 Legislative findings—1985 c 37. The legislature finds that in order to safeguard life, health, and property and to promote the public welfare, it is necessary to regulate the practice of architecture. [1985 c 37 § 1.] 18.08.235 18.08.240 Architects’ license account. There is established in the state treasury the architects’ license account, into which all fees paid pursuant to this chapter shall be paid. [1991 sp.s. c 13 § 2; 1985 c 57 § 4; 1959 c 323 § 15.] 18.08.240 Effective dates—1991 sp.s. c 13: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions. (1) On or before June 30, 1991, the balances remaining in the local jail improvement and construction account, the 1979 handicapped facilities construction account, the salmon enhancement construction account, the community college capital improvements accounts, and the fisheries capital projects account shall be transferred to the state building construction account and the balance remaining in the Washington State University construction account shall be transferred to the Washington State University building account. (2) Except for subsection (1) of this section, sections 1 through 47, 49 through 64, 66 through 108, and 110 through 122 of this act shall take effect July 1, 1991, but shall not be effective for earnings on balances prior to July 1, 1991, regardless of when a distribution is made. (3) Sections 48 and 109 of this act shall take effect September 1, 1991. (4) Section 65 of this act shall take effect January 1, 1992. (5) *Sections 123 through 139 of this act shall take effect July 1, 1993, and shall be effective for earnings on balances beginning July 1, 1993, regardless of when a distribution is made." [1991 sp.s. c 13 § 141.] [Title 18 RCW—page 18] *Reviser’s note: "Sections 123 through 139 of this act" [1991 sp.s. c 13] were vetoed by the governor. Severability—1991 sp.s. c 13: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1991 sp.s. c 13 § 140.] Effective date—1985 c 57: See note following RCW 18.04.105. 18.08.310 Registration or authorization to practice required. It is unlawful for any person to practice or offer to practice in this state, architecture, or to use in connection with his or her name or otherwise assume, use, or advertise any title or description including the word "architect," "architecture," "architectural," or language tending to imply that he or she is an architect, unless the person is registered or authorized to practice in the state of Washington under this chapter. The provisions of this section shall not affect the use of the words "architect," "architecture," or "architectural" where a person does not practice or offer to practice architecture. [1985 c 37 § 2.] 18.08.310 18.08.320 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Administration of the construction contract" means the periodic observation of materials and work to observe the general compliance with the construction contract documents, and does not include responsibility for supervising construction methods and processes, site conditions, equipment operations, personnel, or safety on the work site. (2) "Architect" means an individual who is registered under this chapter to practice architecture. (3) "Board" means the state board of registration for architects. (4) "Certificate of authorization" means a certificate issued by the director to a corporation or partnership that authorizes the entity to practice architecture. (5) "Certificate of registration" means the certificate issued by the director to newly registered architects. (6) "Department" means the department of licensing. (7) "Director" means the director of licensing. (8) "Engineer" means an individual who is registered as an engineer under chapter 18.43 RCW. (9) "Person" means any individual, partnership, professional service corporation, corporation, joint stock association, joint venture, or any other entity authorized to do business in the state. (10) "Practice of architecture" means the rendering of services in connection with the art and science of building design for construction of any structure or grouping of structures and the use of space within and surrounding the structures or the design for construction of alterations or additions to the structures, including but not specifically limited to schematic design, design development, preparation of construction contract documents, and administration of the construction contract. (11) "Registered" means holding a currently valid certificate of registration or certificate of authorization issued by the director authorizing the practice of architecture. (12) "Structure" means any construction consisting of load-bearing members such as the foundation, roof, floors, 18.08.320 (2008 Ed.) Architects walls, columns, girders, and beams or a combination of any number of these parts, with or without other parts or appurtenances. [1985 c 37 § 3.] 18.08.330 Board of registration—Appointment, terms, vacancies, removal—Officers—Travel expenses. There is hereby created a state board of registration for architects consisting of seven members who shall be appointed by the governor. Six members shall be registered architects who are residents of the state and have at least eight years’ experience in the practice of architecture as registered architects in responsible charge of architectural work or responsible charge of architectural teaching. One member shall be a public member, who is not and has never been a registered architect and who does not employ and is not employed by or professionally or financially associated with an architect. The terms of each newly appointed member shall be six years. The members of the board of registration for architects serving on July 28, 1985, shall serve out the remainders of their existing five-year terms. The term of the public member shall coincide with the term of an architect. Every member of the board shall receive a certificate of appointment from the governor. On the expiration of the term of each member, the governor shall appoint a successor to serve for a term of six years or until the next successor has been appointed. The governor may remove any member of the board for cause. Vacancies in the board for any reason shall be filled by appointment for the unexpired term. The board shall elect a chairman, a vice-chairman, and a secretary. The secretary may delegate his or her authority to the executive secretary. Members of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. [1985 c 37 § 4.] 18.08.330 18.08.340 Board of registration—Rules—Executive secretary. (1) The board may adopt such rules under chapter 34.05 RCW as are necessary for the proper performance of its duties under this chapter. (2) The director shall employ an executive secretary subject to approval by the board. [2002 c 86 § 201; 1985 c 37 § 5.] 18.08.340 Effective dates—2002 c 86: "(1) Sections 201 through 240 and 242 through 401 of this act take effect January 1, 2003. (2) Section 241 of this act takes effect July 1, 2003." [2002 c 86 § 403.] Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.08.350 Certificate of registration—Application— Qualifications. (1) A certificate of registration shall be granted by the director to all qualified applicants who are certified by the board as having passed the required examination and as having given satisfactory proof of completion of the required experience. (2) Applications for examination shall be filed as the board prescribes by rule. The application and examination fees shall be determined by the director under RCW 43.24.086. 18.08.350 (2008 Ed.) 18.08.380 (3) An applicant for registration as an architect shall be of a good moral character, at least eighteen years of age, and shall possess either of the following qualifications: (a) Have an accredited architectural degree and three years’ practical architectural work experience and have completed the requirements of a structured intern training program approved by the board; or (b) Have eight years’ practical architectural work experience, which may include designing buildings as a principal activity, and have completed the requirements of a structured intern training program approved by the board. Each year spent in an accredited architectural education program approved by the board shall be considered one year of practical experience. At least four years’ practical work experience shall be under the direct supervision of an architect. [1997 c 169 § 1; 1993 c 475 § 2; 1993 c 475 § 1; 1985 c 37 § 6.] Effective date—1997 c 169 § 1: "Section 1 of this act takes effect July 29, 2001." [1997 c 169 § 2.] Effective date—1993 c 475 § 2: "Section 2 of this act shall take effect July 29, 2001." [1993 c 475 § 3.] 18.08.360 Examinations. (1) The examination for an architect’s certificate of registration shall be held at least annually at such time and place as the board determines. (2) The board shall determine the content, scope, and grading process of the examination. The board may adopt an appropriate national examination and grading procedure. (3) Applicants who fail to pass any section of the examination shall be permitted to retake the parts failed as prescribed by the board. If the entire examination is not successfully completed within five years, a retake of the entire examination shall be required. [1985 c 37 § 7.] 18.08.360 18.08.370 Issuance of certificates of registration— Seal, use. (1) The director shall issue a certificate of registration to any applicant who has, to the satisfaction of the board, met all the requirements for registration upon payment of the registration fee as provided in this chapter. All certificates of registration shall show the full name of the registrant, have the registration number, and shall be signed by the chairman of the board and by the director. The issuance of a certificate of registration by the director is prima facie evidence that the person named therein is entitled to all the rights and privileges of a registered architect. (2) Each registrant shall obtain a seal of the design authorized by the board bearing the architect’s name, registration number, the legend "Registered Architect," and the name of this state. Drawings prepared by the registrant shall be sealed and signed by the registrant when filed with public authorities. It is unlawful to seal and sign a document after a registrant’s certificate of registration or authorization has expired, been revoked, or is suspended. [1985 c 37 § 8.] 18.08.370 18.08.380 Certificates of registration, authorization—Replacement of lost, destroyed, or mutilated certificates. A new certificate of registration or certificate of authorization to replace any certificate lost, destroyed, or mutilated may be issued by the director. A charge, determined as provided in RCW 43.24.086, shall be made for such issuance. [2002 c 86 § 202; 1985 c 37 § 9.] 18.08.380 Effective dates—2002 c 86: See note following RCW 18.08.340. [Title 18 RCW—page 19] 18.08.390 Title 18 RCW: Businesses and Professions Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.08.390 Registration of prior registrants. All persons registered as architects under chapter 205, Laws of 1919, or registered as architects under chapter 323, Laws of 1959, as amended, before July 28, 1985, shall be registered as architects without examination. [1985 c 37 § 10.] 18.08.390 18.08.400 Registration of out-of-state registrants. The director may, upon receipt of the current registration fee, grant a certificate of registration to an applicant who is a registered architect in another state or territory of the United States, the District of Columbia, or another country, if that individual’s qualifications and experience are determined by the board to be equivalent to the qualifications and experience required of a person registered under RCW 18.08.350. [1985 c 37 § 11.] 18.08.400 18.08.410 Application of chapter. This chapter shall not affect or prevent: (1) The practice of naval architecture, landscape architecture, engineering, space planning, interior design, or any legally recognized profession or trade by persons not registered as architects; (2) Drafters, clerks, project managers, superintendents, and other employees of architects, engineers, naval architects, or landscape architects from acting under the instructions, control, or supervision of their employers; (3) The construction, alteration, or supervision of construction of buildings or structures by contractors or superintendents employed by contractors or the preparation of shop drawings in connection therewith; (4) Owners or contractors from engaging persons who are not architects to observe and supervise construction of a project; (5) Any person from doing design work including preparing construction contract documents and administration of the construction contract for the erection, enlargement, repair, or alteration of a structure or any appurtenance to a structure, if the structure is to be used for a residential building of up to and including four dwelling units or a farm building or is a structure used in connection with or auxiliary to such residential building or farm building such as a garage, barn, shed, or shelter for animals or machinery; (6) Any person from doing design work including preparing construction contract documents and administering the contract for construction, erection, enlargement, alteration, or repairs of or to a building of any occupancy up to four thousand square feet of construction; (7) Design-build construction by registered general contractors if the structural design services are performed by a registered engineer; (8) Any person from designing buildings or doing other design work for any structure prior to the time of filing for a building permit; or (9) Any person from designing buildings or doing other design work for structures larger than those exempted under subsections (5) and (6) of this section, if the plans, which may include such design work, are stamped by a registered engineer or architect. [1985 c 37 § 12.] 18.08.410 [Title 18 RCW—page 20] 18.08.420 Organization as corporation or joint stock association—Procedure—Requirements. (1) An architect or architects may organize a corporation formed either as a business corporation under the provisions of Title 23B RCW or as a professional corporation under the provisions of chapter 18.100 RCW. For an architect or architects to practice architecture through a corporation or joint stock association organized by any person under Title 23B RCW, the corporation or joint stock association shall file with the board: (a) The application for certificate of authorization upon a form to be prescribed by the board and containing information required to enable the board to determine whether the corporation is qualified under this chapter to practice architecture in this state; (b) Its notices of incorporation and bylaws and a certified copy of a resolution of the board of directors of the corporation that designates individuals registered under this chapter as responsible for the practice of architecture by the corporation in this state and that provides that full authority to make all final architectural decisions on behalf of the corporation with respect to work performed by the corporation in this state shall be granted and delegated by the board of directors to the individuals designated in the resolution. The filing of the resolution shall not relieve the corporation of any responsibility or liability imposed upon it by law or by contract; and (c) A designation in writing setting forth the name or names of the person or persons registered under this chapter who are responsible for the architecture of the firm. If there is a change in the person or persons responsible for the architecture of the firm, the changes shall be designated in writing and filed with the board within thirty days after the effective date of the changes. (2) Upon the filing with the board of the application for certificate of authorization, the certified copy of the resolution, and the information specified in subsection (1) of this section, the board shall authorize the director to issue to the corporation a certificate of authorization to practice architecture in this state upon a determination by the board that: (a) The bylaws of the corporation contain provisions that all architectural decisions pertaining to any project or architectural activities in this state shall be made by the specified architects responsible for the project or architectural activities, or other responsible architects under the direction or supervision of the architects responsible for the project or architectural activities; (b) The applicant corporation has the ability to provide, through qualified personnel, professional services or creative work requiring architectural experience, and with respect to the architectural services that the corporation undertakes or offers to undertake, the personnel have the ability to apply special knowledge to the professional services or creative work such as consultation, investigation, evaluation, planning, design, and administration of the construction contract in connection with any public or private structures, buildings, equipment, processes, works, or projects; (c) The application for certificate of authorization contains the professional records of the designated person or persons who are responsible; (d) The application for certificate of authorization states the experience of the corporation, if any, in furnishing architectural services during the preceding five-year period; 18.08.420 (2008 Ed.) Architects (e) The applicant corporation meets such other requirements related to professional competence in the furnishing of architectural services as may be established and promulgated by the board in furtherance of the purposes of this chapter; and (f) The applicant corporation is possessed of the ability and competence to furnish architectural services in the public interest. (3) Upon recommendation of the board to impose action as authorized in RCW 18.235.110, the director may impose the recommended action upon a certificate of authorization to a corporation if the board finds that any of the officers, directors, incorporators, or the stockholders holding a majority of stock of the corporation have committed an act prohibited under RCW 18.08.440 or 18.235.130 or have been found personally responsible for misconduct under subsection (6) or (7) of this section. (4) In the event a corporation, organized solely by a group of architects each registered under this chapter, applies for a certificate of authorization, the board may, in its discretion, grant a certificate of authorization to that corporation based on a review of the professional records of such incorporators, in lieu of the required qualifications set forth in subsections (1) and (2) of this section. In the event the ownership of such corporation is altered, the corporation shall apply for a revised certificate of authorization, based upon the professional records of the owners if exclusively architects, under the qualifications required by subsections (1) and (2) of this section. (5) Any corporation authorized to practice architecture under this chapter, together with its directors and officers for their own individual acts, are responsible to the same degree as an individual registered architect and shall conduct their business without misconduct or malpractice in the practice of architecture as defined in this chapter. (6) Any corporation that has been certified under this chapter and has engaged in the practice of architecture may have its certificate of authorization either suspended or revoked by the board if, after a proper hearing, the board finds that the corporation has committed misconduct or malpractice under RCW 18.08.440 or 18.235.130. In such a case, any individual architect registered under this chapter who is involved in such misconduct is also subject to disciplinary measures provided in this chapter and RCW 18.235.110. (7) All plans, specifications, designs, and reports when issued in connection with work performed by a corporation under its certificate of authorization shall be prepared by or under the direction of the designated architects and shall be signed by and stamped with the official seal of the designated architects in the corporation authorized under this chapter. (8) For each certificate of authorization issued under this section there shall be paid a certification fee and an annual certification renewal fee as prescribed by the director under RCW 43.24.086. (9) This chapter shall not affect the practice of architecture as a professional service corporation under chapter 18.100 RCW. [2002 c 86 § 203; 1991 c 72 § 2; 1985 c 37 § 13.] Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. (2008 Ed.) 18.08.460 18.08.430 Renewal of certificates of registration— Withdrawal. (1) The renewal date for certificates of registration shall be set by the director in accordance with RCW 43.24.086. Registrants who fail to pay the renewal fee within thirty days of the due date shall pay all delinquent fees plus a penalty fee equal to one-third of the renewal fee. A registrant who fails to pay a renewal fee for a period of five years may be reinstated under such circumstances as the board determines. The renewal and penalty fees and the frequency of renewal assessment shall be authorized under this chapter. Renewal date for certificates of authorization shall be the anniversary of the date of authorization. (2) Any registrant in good standing may withdraw from the practice of architecture by giving written notice to the director, and may within five years thereafter resume active practice upon payment of the then-current renewal fee. A registrant may be reinstated after a withdrawal of more than five years under such circumstances as the board determines. [1985 c 37 § 14.] 18.08.430 18.08.44 0 Po wers under RCW 1 8.23 5.110 — Grounds. The board shall have the power to impose any action listed under RCW 18.235.110 upon the following grounds: (1) Offering to pay, paying, or accepting, either directly or indirectly, any substantial gift, bribe, or other consideration to influence the award of professional work; (2) Being willfully untruthful or deceptive in any professional report, statement, or testimony; (3) Having a financial interest in the bidding for or the performance of a contract to supply labor or materials for or to construct a project for which employed or retained as an architect except with the consent of the client or employer after disclosure of such facts; or allowing an interest in any business to affect a decision regarding architectural work for which retained, employed, or called upon to perform; (4) Signing or permitting a seal to be affixed to any drawings or specifications that were not prepared or reviewed by the architect or under the architect’s personal supervision by persons subject to the architect’s direction and control; or (5) Willfully evading or trying to evade any law, ordinance, code, or regulation governing construction of buildings. [2002 c 86 § 204; 1985 c 37 § 15.] 18.08.440 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.08.460 Violation of chapter—Penalties—Enforcement—Injunctions—Persons who may initiate proceedings. (1) Any person who violates any provision of this chapter or any rule promulgated under it is guilty of a misdemeanor and may also be subject to a civil penalty in an amount not to exceed one thousand dollars for each offense. (2) It shall be the duty of all officers in the state or any political subdivision thereof to enforce this chapter. Any public officer may initiate an action before the board to enforce the provisions of this chapter. (3) The board may apply for relief by injunction without bond to restrain a person from committing any act that is prohibited by this chapter. In such proceedings, it is not necessary to allege or prove either that an adequate remedy at law 18.08.460 [Title 18 RCW—page 21] 18.08.470 Title 18 RCW: Businesses and Professions does not exist or that substantial irreparable damage would result from the continued violation thereof. The members of the board shall not be personally liable for their actions in any such proceeding or in any other proceeding instituted by the board under this chapter. The board in any proper case shall cause prosecution to be instituted in any county or counties where any violation of this chapter occurs, and shall aid the prosecution of the violator. (4) No person practicing architecture is entitled to maintain a proceeding in any court of this state relating to services in the practice of architecture unless it is alleged and proved that the person was registered or authorized under this chapter to practice or offer to practice architecture at the time the architecture services were offered or provided. [2003 c 53 § 123; 1985 c 37 § 17.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 18.08.470 Certificate or registration suspension— Nonpayment or default on educational loan or scholarship. The board shall suspend the certificate or registration of any person who has been certified by a lending agency and reported to the board for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person’s certificate or registration shall not be reissued until the person provides the board a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for certification or registration during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the board may impose. [1996 c 293 § 3.] 18.08.470 Severability—1996 c 293: See note following RCW 18.04.420. 18.08.480 Certificate of registration or authorization suspension—Noncompliance with support order—Reissuance. The board shall immediately suspend the certificate of registration or certificate of authorization to practice architecture of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet other requirements for reinstatement during the suspension, reissuance of the certificate shall be automatic upon the board’s receipt of a release issued by the department of social and health services stating that the individual is in compliance with the order. [1997 c 58 § 813.] 18.08.480 *Reviser’s note: 1997 c 58 § 887 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal [Title 18 RCW—page 22] requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 18.08.490 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 205.] 18.08.490 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.08.900 Severability—1985 c 37. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1985 c 37 § 20.] 18.08.900 Chapter 18.09 Chapter 18.09 RCW ATTORNEYS-AT-LAW See chapter 2.44 RCW, attorneys-at-law. Chapter 18.11 Chapter 18.11 RCW AUCTIONEERS Sections 18.11.050 18.11.060 18.11.070 18.11.075 18.11.085 18.11.095 18.11.100 18.11.121 18.11.130 18.11.140 18.11.150 18.11.160 18.11.170 18.11.180 18.11.190 18.11.200 18.11.205 18.11.210 18.11.220 18.11.230 18.11.240 18.11.250 18.11.260 18.11.270 18.11.280 18.11.901 18.11.902 18.11.903 18.11.920 Definitions. Administration of chapter—Fees. License required—Exceptions. Secondhand property, when exempt. Auctioneer certificate of registration—Requirements. Auction company certificate of registration—Requirements. Nonresident auctioneers and auction companies. Surety bond or security required. Written contract required—Penalty. Written records required—Penalty. Display of certificate of registration or renewal card required—Penalty. License—Prohibition on issuance—Disciplinary action— License suspension. Unauthorized practice—Penalties. Compensation of nonlicensed person—Penalties. Actions for compensation for services. Director—Authority to adopt rules. Director—Authority to impose administrative fines. Newspaper advertisements—Name and license number required—Penalty. Rights of clients. Trust account required for client funds. Bidding—Prohibited practices—Penalty. Limitation on real estate auctions. Application of Consumer Protection Act. License, certificate, or registration suspension—Nonpayment or default on educational loan or scholarship. Uniform regulation of business and professions act. Short title. Severability—1986 c 324. Effective date—1986 c 324. Severability—1982 c 205. Limitations on power of cities and towns to regulate auctioneers: RCW 35.21.690. counties to regulate auctioneers: RCW 36.71.070. Mock auctions: RCW 9.45.070. Motor vehicle auction companies, place of business: RCW 46.70.023. Pawnbrokers and secondhand dealers: Chapter 19.60 RCW. (2008 Ed.) Auctioneers 18.11.050 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Auctioneer" means an individual who calls bids at an auction. (2) "Auction" means a transaction conducted by means of exchanges between an auctioneer and the members of his or her audience, constituting a series of invitations for offers for the purchase of goods or real property made by the auctioneer, offers by members of the audience, and the acceptance of the highest or most favorable offer. (3) "Auction mart" means any fixed or established place designed, intended, or used for the conduct of auctions. (4) "Auction company" means a sole proprietorship, partnership, corporation, or other legal or commercial entity that sells or offers to sell goods or real estate at auction or arranges, sponsors, or manages auctions. The term "auction company" shall exclude any sole proprietorship owned by an auctioneer licensed under this chapter whose gross annual sales do not exceed twenty-five thousand dollars. (5) "Department" means the department of licensing. (6) "Director" means the director of licensing. (7) "Person" means an individual, partnership, association, corporation, or any other form of business enterprise. (8) "Goods" mean wares, chattels, merchandise, or personal property owned or consigned, which may be lawfully kept or offered for sale. (9) "License" means state authority to operate as an auctioneer or auction company, which authority is conferred by issuance of a certificate of registration subject to annual renewal. (10) "Licensee" means an auctioneer or auction company registered under this chapter. [1986 c 324 § 2; 1982 c 205 § 5.] 18.11.050 18.11.060 Administration of chapter—Fees. This chapter shall be administered under chapter 43.24 RCW. The director shall set registration and renewal fees in accordance with RCW 43.24.086. If an auctioneer or auction company does not renew a license before it expires, the renewal shall be subject to payment of a penalty fee. [1986 c 324 § 3; 1982 c 205 § 2.] 18.11.060 18.11.070 License required—Exceptions. (1) It is unlawful for any person to act as an auctioneer or for an auction company to engage in any business in this state without a license. (2) This chapter does not apply to: (a) An auction of goods conducted by an individual who personally owns those goods and who did not acquire those goods for resale; (b) An auction conducted by or under the direction of a public authority; (c) An auction held under judicial order in the settlement of a decedent’s estate; (d) An auction which is required by law to be at auction; (e) An auction conducted by or on behalf of a political organization or a charitable corporation or association if the person conducting the sale receives no compensation; (f) An auction of livestock or agricultural products which is conducted under chapter 16.65 or 20.01 RCW. Auctions 18.11.070 (2008 Ed.) 18.11.095 not regulated under chapter 16.65 or 20.01 RCW shall be fully subject to the provisions of this chapter; (g) An auction held under chapter 19.150 RCW; (h) An auction of an abandoned vehicle under chapter 46.55 RCW; or (i) An auction of fur pelts conducted by any cooperative association organized under chapter 23.86 RCW or its wholly owned subsidiary. In order to qualify for this exemption, the fur pelts must be from members of the association. However, the association, without loss of the exemption, may auction pelts that it purchased from nonmembers for the purpose of completing lots or orders, so long as the purchased pelts do not exceed fifteen percent of the total pelts auctioned. [1999 c 398 § 1; 1989 c 307 § 43; 1988 c 240 § 19; 1986 c 324 § 4; 1982 c 205 § 6.] Legislative finding—1989 c 307: See note following RCW 23.86.007. Application—1989 c 307: See RCW 23.86.900. Severability—1988 c 240: See RCW 19.150.904. 18.11.075 Secondhand property, when exempt. The department of licensing may exempt, by rule, secondhand property bought or received on consignment or sold at an auction conducted by a licensed auctioneer or auction company from RCW 19.60.050 or 19.60.055. [1993 c 348 § 1.] 18.11.075 18.11.085 Auctioneer certificate of registration— Requirements. Every individual, before acting as an auctioneer, shall obtain an auctioneer certificate of registration. To be licensed as an auctioneer, an individual shall meet all of the following requirements: (1) Be at least eighteen years of age or sponsored by a licensed auctioneer. (2) File with the department a completed application on a form prescribed by the director. (3) Show that the proper tax registration certificate required by RCW 82.32.030 has been obtained from the department of revenue. (4) Pay the auctioneer registration fee required under the agency rules adopted pursuant to this chapter. (5) Except as otherwise provided under RCW 18.11.121, file with the department an auctioneer surety bond in the amount and form required by RCW 18.11.121 and the agency rules adopted pursuant to this chapter. (6) Have no disqualifications under RCW 18.11.160 or 18.235.130. [2002 c 86 § 206; 1987 c 336 § 1; 1986 c 324 § 5.] 18.11.085 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.11.095 Auction company certificate of registration—Requirements. Every person, before operating an auction company as defined in RCW 18.11.050, shall obtain an auction company certificate of registration. (1) Except as provided in subsection (2) of this section, to be licensed as an auction company, a person shall meet all of the following requirements: (a) File with the department a completed application on a form prescribed by the director. 18.11.095 [Title 18 RCW—page 23] 18.11.100 Title 18 RCW: Businesses and Professions (b) Sign a notarized statement included on the application form that all auctioneers hired by the auction company to do business in the state shall be properly registered under this chapter. (c) Show that the proper tax registration certificate required by RCW 82.32.030 has been obtained from the department of revenue. (d) Pay the auction company registration fee required under the agency rules adopted pursuant to this chapter. (e) File with the department an auction company surety bond in the amount and form required by RCW 18.11.121 and the agency rules adopted pursuant to this chapter. (f) Have no disqualifications under RCW 18.11.160 or 18.235.130. (2) An auction company shall not be charged a license fee if it is a sole proprietorship or a partnership owned by an auctioneer or auctioneers, each of whom is licensed under this chapter, and if it has in effect a surety bond or bonds or other security approved by the director in the amount that would otherwise be required for an auction company to be granted or to retain a license under RCW 18.11.121. [2002 c 86 § 207; 1987 c 336 § 5; 1986 c 324 § 6.] Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.11.100 Nonresident auctioneers and auction companies. (1) Nonresident auctioneers and auction companies are required to comply with the provisions of this chapter, chapter 18.235 RCW, and the rules of the department as a condition of conducting business in the state. (2) The application of a nonresident under this chapter shall constitute the appointment of the secretary of state as the applicant’s agent upon whom process may be served in any action or proceeding against the applicant arising out of a transaction or operation connected with or incidental to the business of an auctioneer or an auction company. [2002 c 86 § 208; 1986 c 324 § 7; 1985 c 7 § 9; 1982 c 205 § 8.] 18.11.100 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.11.121 Surety bond or security required. (1) Except as provided in this section, each auctioneer and each auction company shall as a condition to the granting and retention of a license have on file with the department an approved surety bond or other security in lieu of a bond. However, if an auction company is a sole proprietorship or a partnership and has on file with the department a surety bond or other security approved by the director in the amount that would otherwise be required for an auction company to be granted or to retain a license under this section, then no separate bond or bonds shall be required for the sole proprietor or any individual partner to act as an auctioneer for the sole proprietorship or partnership. The bond or other security of an auctioneer shall be in the amount of five thousand dollars. (2) The bond or other security of an auction company shall be in an amount not less than five thousand dollars and not more than twenty-five thousand dollars. The amount shall be based on the value of the goods and real estate sold at auctions conducted, supervised, arranged, sponsored, or man18.11.121 [Title 18 RCW—page 24] aged by the auction company during the previous calendar year or, for a new auction company, the estimated value of the goods and real estate to be sold at auction during the current calendar year. The director shall establish by rule the procedures to be used for determining the amount of auction company bonds or other security. (3) In lieu of a surety bond, an auctioneer or auction company may deposit with the department any of the following: (a) Savings accounts assigned to the director; (b) Certificates of deposit payable to the director; (c) Investment certificates or share accounts assigned to the director; or (d) Any other security acceptable to the director. All obligations and remedies relating to surety bonds authorized by this section shall apply to deposits filed with the director. (4) Each bond shall comply with all of the following: (a) Be executed by the person seeking the license as principal and by a corporate surety licensed to do business in the state; (b) Be payable to the state; (c) Be conditioned on compliance with all provisions of this chapter and the agency rules adopted pursuant to this chapter, including payment of any administrative fines assessed against the licensee; and (d) Remain in effect for one year after expiration, revocation, or suspension of the license. (5) If any licensee fails or is alleged to have failed to comply with the provisions of this chapter or the agency rules adopted pursuant to this chapter, the director may hold a hearing in accordance with chapter 34.05 RCW, determine those persons who are proven claimants under the bond, and, if appropriate, distribute the bond proceeds to the proven claimants. The state or an injured person may also bring an action against the bond in superior court. The liability of the surety shall be only for actual damages and shall not exceed the amount of the bond. (6) Damages that exceed the amount of the bond may be remedied by actions against the auctioneer or the auction company under RCW 18.11.260 or other available remedies at law. [1987 c 336 § 2; 1986 c 324 § 8.] 18.11.130 Written contract required—Penalty. No goods or real estate shall be sold at auction until the auctioneer or auction company has entered into a written contract or agreement with the owner or consignor in duplicate which contains the terms and conditions upon which the licensee receives or accepts the property for sale at auction. A person who violates this section shall be subject to an administrative fine in a sum not exceeding five hundred dollars for each violation. [1986 c 324 § 9; 1982 c 205 § 11.] 18.11.130 18.11.140 Written records required—Penalty. Every person engaged in the business of selling goods or real estate at auction shall keep written records for a period of three years available for inspection which indicate clearly the name and address of the owner or consignor of the goods or real estate, the terms of acceptance and sale, and a copy of the signed written contract required by RCW 18.11.130. A per18.11.140 (2008 Ed.) Auctioneers son who violates this section shall be subject to an administrative fine in a sum not exceeding five hundred dollars for each violation. [1986 c 324 § 10; 1982 c 205 § 12.] 18.11.220 sand dollars for the second or subsequent offense. [1986 c 324 § 13; 1982 c 205 § 15.] 18.11.180 Compensation of nonlicensed person— Penalties. It shall be unlawful for a licensed auctioneer or licensed auction company to pay compensation in money or otherwise to anyone not licensed under this chapter to render any service or to do any act forbidden under this chapter to be rendered or performed except by licensees. The department may fine any person who violates this section five hundred dollars for the first offense and one thousand dollars for the second or subsequent offense. Furthermore, the violation of this section by any licensee shall be, in the discretion of the department, sufficient cause for taking any actions listed under RCW 18.235.110. [2002 c 86 § 210; 1986 c 324 § 14; 1982 c 205 § 16.] 18.11.180 18.11.150 Display of certificate of registration or renewal card required—Penalty. All auctioneers and auction companies shall have their certificates of registration prominently displayed in their offices and the current renewal card or a facsimile available on demand at all auctions conducted or supervised by the licensee. A person who violates this section shall be subject to an administrative fine in a sum not exceeding one hundred dollars for each violation. [1986 c 324 § 11; 1982 c 205 § 13.] 18.11.150 18.11.160 License—Prohibition on issuance—Disciplinary action—License suspension. (1) No license shall be issued by the department to any person who has been convicted of forgery, embezzlement, obtaining money under false pretenses, extortion, criminal conspiracy, fraud, theft, receiving stolen goods, unlawful issuance of checks or drafts, or other similar offense, or to any partnership of which the person is a member, or to any association or corporation of which the person is an officer or in which as a stockholder the person has or exercises a controlling interest either directly or indirectly. (2) In addition to the unprofessional conduct described in RCW 18.235.130, the director has the authority to take disciplinary action for any of the following conduct, acts, or conditions: (a) Underreporting to the department of sales figures so that the auctioneer or auction company surety bond is in a lower amount than required by law; (b) Nonpayment of an administrative fine prior to renewal of a license; and (c) Any other violations of this chapter. (3) The department shall immediately suspend the license of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department’s receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order. [2002 c 86 § 209; 1997 c 58 § 814; 1986 c 324 § 12; 1982 c 205 § 14.] 18.11.160 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 18.11.170 Unauthorized practice—Penalties. Any auctioneer and any auction company that conducts business within this state without a license or after the suspension or revocation of his or her license shall be fined by the department five hundred dollars for the first offense and one thou18.11.170 (2008 Ed.) Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.11.190 Actions for compensation for services. No action or suit may be instituted in any court of this state by any person, partnership, association, or corporation not licensed as an auctioneer and as an auction company to recover compensation for an act done or service rendered which is prohibited under this chapter. [1986 c 324 § 15; 1982 c 205 § 17.] 18.11.190 18.11.200 Director—Authority to adopt rules. The director shall adopt rules for the purpose of carrying out and developing this chapter, including rules governing the conduct of inspections. [2002 c 86 § 211; 1986 c 324 § 16; 1982 c 205 § 18.] 18.11.200 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.11.205 Director—Authority to impose administrative fines. The director shall impose and collect the administrative fines authorized by this chapter. Any administrative fine imposed under this chapter or the agency rules adopted pursuant to this chapter may be appealed under chapter 34.05 RCW, the administrative procedure act. Assessment of an administrative fine shall not preclude the initiation of any disciplinary, civil, or criminal action for the same or similar violations. [1986 c 324 § 17.] 18.11.205 18.11.210 Newspaper advertisements—Name and license number required—Penalty. All newspaper advertising regarding auctions that is purchased by an auctioneer or an auction company licensed under this chapter shall include the auctioneer’s or auction company’s name and license number. Any auctioneer or auction company that violates this section is subject to an administrative fine of one hundred dollars per violation. [1986 c 324 § 19; 1984 c 189 § 1.] 18.11.210 18.11.220 Rights of clients. The client of an auctioneer or auction company has a right to (1) an accounting for any money that the auctioneer or auction company receives from 18.11.220 [Title 18 RCW—page 25] 18.11.230 Title 18 RCW: Businesses and Professions the sale of the client’s goods, (2) payment of all money due to the client within twenty-one calendar days unless the parties have mutually agreed in writing to another time of payment, and (3) bring an action against the surety bond or other security filed in lieu of the surety bond for any violation of this chapter or the rules adopted pursuant to this chapter. [1987 c 336 § 3; 1986 c 324 § 20.] 18.11.230 Trust account required for client funds. Auction proceeds due to a client that are received by the auctioneer or auction company and not paid to the client within twenty-four hours of the sale shall be deposited no later than the next business day by the auctioneer or auction company in a trust account for clients in a bank, savings and loan association, mutual savings bank, or licensed escrow agent located in the state. The auctioneer or auction company shall draw on the trust account only to pay proceeds to clients, or such other persons who are legally entitled to such proceeds, and to obtain the sums due to the auctioneer or auction company for services as set out in the written contract required under RCW 18.11.130. Funds in the trust account shall not be subject to the debt of the auctioneer or auction company and shall not be used for personal reasons or other business reasons. [1987 c 336 § 4; 1986 c 324 § 21.] 18.11.230 18.11.260 Application of Consumer Protection Act. A violation of this chapter is hereby declared to affect the public interest and to offend public policy. Any violation, act, or practice by an auctioneer or auction company which is unfair or deceptive, shall constitute an unfair or deceptive act or practice in violation of RCW 19.86.020. The remedies and sanctions provided in this section shall not preclude application of other available remedies and sanctions. [1986 c 324 § 25.] 18.11.260 18.11.270 License, certificate, or registration suspension—Nonpayment or default on educational loan or scholarship. The director shall suspend the license, certificate, or registration of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person’s license, certificate, or registration shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure, certification, or registration during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose. [1996 c 293 § 4.] 18.11.270 18.11.240 Bidding—Prohibited practices—Penalty. The following requirements shall apply to bidding at auctions: (1) An auctioneer conducting an auction and an auction company where an auction is being held shall not bid on or offer to buy any goods or real property at the auction unless the auctioneer or the auction company discloses the name of the person on whose behalf the bid or offer is being made. (2) An auctioneer and an auction company shall not use any method of bidding at an auction that will allow goods or real property to be purchased in an undisclosed manner on behalf of the auctioneer or auction company. (3) At a public auction conducted or supervised by an auctioneer or auction company, the auctioneer or auction company shall not fictitiously raise any bid, knowingly permit any person to make a fictitious bid, or employ or use another person to act as a bidder or buyer. (4) All goods or real property offered for sale at an auction shall be subject to a reserve or a confirmation from the owner or consignor unless otherwise indicated by the auctioneer or auction company. Except as provided in this subsection, an auctioneer or auction company shall not use any method of bidding at an auction that allows the auctioneer or auction company to avoid selling any property offered for sale at auction. (5) A licensee who violates any provision of this section shall be subject to an administrative fine in a sum not exceeding five hundred dollars for each violation. [1986 c 324 § 22.] 18.11.903 Effective date—1986 c 324. This act shall take effect on July 1, 1986. [1986 c 324 § 29.] 18.11.250 Limitation on real estate auctions. Auctioneers and auction companies may call for bids on real estate but only persons licensed under chapter 18.85 RCW may perform activities regulated under that chapter. [1986 c 324 § 23.] 18.11.920 Severability—1982 c 205. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1982 c 205 § 20.] 18.11.240 18.11.250 [Title 18 RCW—page 26] Severability—1996 c 293: See note following RCW 18.04.420. 18.11.280 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 212.] 18.11.280 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.11.901 Short title. This chapter may be known and cited as the "auctioneer registration act." [1986 c 324 § 1.] 18.11.901 18.11.902 Severability—1986 c 324. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. [1986 c 324 § 27.] 18.11.902 18.11.903 18.11.920 (2008 Ed.) Cosmetologists, Barbers, and Manicurists Chapter 18.16 Chapter 18.16 RCW COSMETOLOGISTS, BARBERS, AND MANICURISTS Sections 18.16.010 18.16.020 18.16.030 18.16.050 18.16.060 18.16.070 18.16.080 18.16.090 18.16.100 18.16.110 18.16.130 18.16.140 18.16.150 18.16.160 18.16.170 18.16.175 18.16.180 18.16.190 18.16.200 18.16.210 18.16.220 18.16.230 18.16.240 18.16.250 18.16.260 18.16.270 18.16.280 18.16.290 18.16.900 18.16.905 18.16.907 18.16.910 Intent. Definitions. Director—Powers and duties. Advisory board—Members—Compensation. License required—Penalty—Exemptions. Licensing—Persons to whom chapter inapplicable. Licensing—Other persons to whom chapter inapplicable. Examinations. Issuance of licenses—Requirements. Issuance of licenses—Renewals—Reinstatement—Duplicates. Issuance of licenses—Persons licensed in other jurisdictions. School licenses—Application—Approved security—Issuance—Changes in application information—Changes in controlling interest—Posting of licenses. Schools—Compliance with chapter. Schools—Claims against—Procedure. Expiration of licenses. Salon/shop or mobile unit requirements—Liability insurance—Complaints—Inspection—Registration—Use of motor homes—Posting of licenses. Salon/shop—Apprenticeship shop—Notice required. Location of practice—Penalty—Placebound clients. Disciplinary action—Grounds. Violations—Penalties. Appeal—Procedure. License suspension—Nonpayment or default on educational loan or scholarship. License suspension—Noncompliance with support order— Reissuance. Finding—Consumer protection act. License renewal—Fee—Examination—Fee. Uniform regulation of business and professions act. Cosmetology apprenticeship program. License—Inactive status. Short title—1984 c 208. Severability—1984 c 208. Effective date—1984 c 208. Severability—1991 c 324. 18.16.010 Intent. The legislature recognizes that the practices of cosmetology, barbering, manicuring, and esthetics involve the use of tools and chemicals which may be dangerous when mixed or applied improperly, and therefore finds it necessary in the interest of the public health, safety, and welfare to regulate those practices in this state. [2002 c 111 § 1; 1984 c 208 § 1.] 18.16.010 Effective date—2002 c 111: "This act takes effect June 1, 2003." [2002 c 111 § 18.] 18.16.020 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise: (1) "Apprenticeship program" means a state-approved apprenticeship program pursuant to chapter 49.04 RCW and approved under RCW 18.16.280 for the training of cosmetology, barbering, esthetics, and manicuring. (2) "Apprentice" means a person who is engaged in a state-approved apprenticeship program and who must receive a wage or compensation while engaged in the program. (3) "Apprenticeship training committee" means a committee approved by the Washington apprenticeship and training council established in chapter 49.04 RCW. (4) "Department" means the department of licensing. (5) "Board" means the cosmetology, barbering, esthetics, and manicuring advisory board. 18.16.020 (2008 Ed.) 18.16.020 (6) "Director" means the director of the department of licensing or the director’s designee. (7) "The practice of cosmetology" means arranging, dressing, cutting, trimming, styling, shampooing, permanent waving, chemical relaxing, straightening, curling, bleaching, lightening, coloring, waxing, tweezing, shaving, and mustache and beard design of the hair of the face, neck, and scalp; temporary removal of superfluous hair by use of depilatories, waxing, or tweezing; manicuring and pedicuring, limited to cleaning, shaping, polishing, decorating, and caring for and treatment of the cuticles and nails of the hands and feet, excluding the application and removal of sculptured or otherwise artificial nails; esthetics limited to toning the skin of the scalp, stimulating the skin of the body by the use of preparations, tonics, lotions, or creams; and tinting eyelashes and eyebrows. (8) "Cosmetologist" means a person licensed under this chapter to engage in the practice of cosmetology. (9) "The practice of barbering" means the cutting, trimming, arranging, dressing, curling, shampooing, shaving, and mustache and beard design of the hair of the face, neck, and scalp. (10) "Barber" means a person licensed under this chapter to engage in the practice of barbering. (11) "Practice of manicuring" means the cleaning, shaping, polishing, decorating, and caring for and treatment of the cuticles and the nails of the hands or feet, and the application and removal of sculptured or otherwise artificial nails by hand or with mechanical or electrical apparatus or appliances. (12) "Manicurist" means a person licensed under this chapter to engage in the practice of manicuring. (13) "Practice of esthetics" means care of the skin by application and use of preparations, antiseptics, tonics, essential oils, or exfoliants, or by any device or equipment, electrical or otherwise, or by wraps, compresses, cleansing, conditioning, stimulation, pore extraction, or product application and removal; the temporary removal of superfluous hair by means of lotions, creams, mechanical or electrical apparatus, appliance, waxing, tweezing, or depilatories; tinting of eyelashes and eyebrows; and lightening the hair, except the scalp, on another person. (14) "Esthetician" means a person licensed under this chapter to engage in the practice of esthetics. (15) "Instructor-trainee" means a person who is currently licensed in this state as a cosmetologist, barber, manicurist, or esthetician, and is enrolled in an instructor-trainee curriculum in a school licensed under this chapter. (16) "School" means any establishment that offers curriculum of instruction in the practice of cosmetology, barbering, esthetics, manicuring, or instructor-trainee to students and is licensed under this chapter. (17) "Student" means a person sixteen years of age or older who is enrolled in a school licensed under this chapter and receives instruction in any of the curricula of cosmetology, barbering, esthetics, manicuring, or instructor-training with or without tuition, fee, or cost, and who does not receive any wage or commission. (18) "Instructor" means a person who gives instruction in a school, or who provides classroom theory training to apprentices in locations other than in a school, in a curriculum in which he or she holds a license under this chapter, has [Title 18 RCW—page 27] 18.16.030 Title 18 RCW: Businesses and Professions completed at least five hundred hours of instruction in teaching techniques and lesson planning in a school, and has passed a licensing examination approved or administered by the director. An applicant who holds a degree in education from an accredited postsecondary institution shall upon application be licensed as an instructor to give instruction in a school, or to provide classroom theory training to apprentices in locations other than in a school, in a curriculum in which he or she holds a license under this chapter. An applicant who holds an instructional credential from an accredited community or technical college and who has passed a licensing examination approved or administered by the director shall upon application be licensed as an instructor to give instruction in a school, or to provide classroom theory training to apprentices in locations other than in a school, in a curriculum in which he or she holds a license under this chapter. To be approved as an "instructor" in an approved apprenticeship program, the instructor must be a competent instructor as defined in rules adopted under chapter 49.04 RCW. (19) "Apprentice trainer" means a person who gives training to an apprentice in an approved apprenticeship program and who is approved under RCW 18.16.280. (20) "Person" means any individual, partnership, professional service corporation, joint stock association, joint venture, or any other entity authorized to do business in this state. (21) "Salon/shop" means any building, structure, or any part thereof, other than a school, where the commercial practice of cosmetology, barbering, esthetics, or manicuring is conducted; provided that any person, except employees of a salon/shop, who operates from a salon/shop is required to meet all salon/shop licensing requirements and may participate in the apprenticeship program when certified as established by the Washington state apprenticeship and training council established in chapter 49.04 RCW. (22) "Approved apprenticeship shop" means a salon/shop that has been approved under RCW 18.16.280 and chapter 49.04 RCW to participate in an apprenticeship program. (23) "Crossover training" means training approved by the director as training hours that may be credited to current licensees for similar training received in another profession licensed under this chapter. (24) "Approved security" means surety bond. (25) "Personal services" means a location licensed under this chapter where the practice of cosmetology, barbering, manicuring, or esthetics is performed for clients in the client’s home, office, or other location that is convenient for the client. (26) "Individual license" means a cosmetology, barber, manicurist, esthetician, or instructor license issued under this chapter. (27) "Location license" means a license issued under this chapter for a salon/shop, school, personal services, or mobile unit. (28) "Mobile unit" is a location license under this chapter where the practice of cosmetology, barbering, esthetics, or manicuring is conducted in a mobile structure. Mobile units must conform to the health and safety standards set by rule under this chapter. (29) "Curriculum" means the courses of study taught at a school, or in an approved apprenticeship program established [Title 18 RCW—page 28] by the Washington state apprenticeship and training council and conducted in an approved salon/shop, set by rule under this chapter, and approved by the department. After consulting with the board, the director may set by rule a percentage of hours in a curriculum, up to a maximum of ten percent, that could include hours a student receives while training in a salon/shop under a contract approved by the department. Each curriculum must include at least the following required hours: (a) School curriculum: (i) Cosmetologist, one thousand six hundred hours; (ii) Barber, one thousand hours; (iii) Manicurist, six hundred hours; (iv) Esthetician, six hundred hours; (v) Instructor-trainee, five hundred hours. (b) Apprentice training curriculum: (i) Cosmetologist, two thousand hours; (ii) Barber, one thousand two hundred hours; (iii) Manicurist, eight hundred hours; (iv) Esthetician, eight hundred hours. (30) "Student monthly report" means the student record of daily activities and the number of hours completed in each course of a curriculum that is prepared monthly by the school and provided to the student, audited annually by the department, and kept on file by the school for three years. (31) "Apprentice monthly report" means the apprentice record of daily activities and the number of hours completed in each course of a curriculum that is prepared monthly by the approved apprenticeship program and provided to the apprentice, audited annually by the department, and kept on file by the approved apprenticeship program for three years. [2008 c 20 § 1; 2003 c 400 § 2; 2002 c 111 § 2; 1991 c 324 § 1; 1984 c 208 § 2.] Effective date—2003 c 400: See note following RCW 18.16.280. Effective date—2002 c 111: See note following RCW 18.16.010. 18.16.030 Director—Powers and duties. In addition to any other duties imposed by law, including RCW 18.235.030 and 18.235.040, the director shall have the following powers and duties: (1) To set all license, examination, and renewal fees in accordance with RCW 43.24.086; (2) To adopt rules necessary to implement this chapter; (3) To prepare and administer or approve the preparation and administration of licensing examinations; (4) To establish minimum safety and sanitation standards for schools, instructors, cosmetologists, barbers, manicurists, estheticians, salons/ shops, personal services, and mobile units; (5) To establish curricula for the training of students and apprentices under this chapter; (6) To maintain the official department record of applicants and licensees; (7) To establish by rule the procedures for an appeal of an examination failure; (8) To set license expiration dates and renewal periods for all licenses consistent with this chapter; (9) To ensure that all informational notices produced and mailed by the department regarding statutory and regulatory changes affecting any particular class of licensees are mailed 18.16.030 (2008 Ed.) Cosmetologists, Barbers, and Manicurists to each licensee in good standing or on inactive status in the affected class whose mailing address on record with the department has not resulted in mail being returned as undeliverable for any reason; and (10) To make information available to the department of revenue to assist in collecting taxes from persons required to be licensed under this chapter. [2008 c 20 § 2; 2004 c 51 § 7. Prior: 2002 c 111 § 3; 2002 c 86 § 213; 1991 c 324 § 2; 1984 c 208 § 7.] Notice of chapter 51, Laws of 2004—Effective date—2004 c 51: See notes following RCW 18.16.060. Effective date—2002 c 111: See note following RCW 18.16.010. Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.16.050 Advisory board—Members—Compensation. (1) There is created a state cosmetology, barbering, esthetics, and manicuring advisory board consisting of a maximum of ten members appointed by the director. These members of the board shall include: A representative of private schools licensed under this chapter; a representative from an approved apprenticeship program conducted in an approved salon/shop; a representative of public vocational technical schools licensed under this chapter; a consumer who is unaffiliated with the cosmetology, barbering, esthetics, or manicuring industry; and six members who are currently practicing licensees who have been engaged in the practice of manicuring, esthetics, barbering, or cosmetology for at least three years. Members shall serve a term of three years. Any board member may be removed for just cause. The director may appoint a new member to fill any vacancy on the board for the remainder of the unexpired term. (2) Board members shall be entitled to compensation pursuant to RCW 43.03.240 for each day spent conducting official business and to reimbursement for travel expenses as provided by RCW 43.03.050 and 43.03.060. (3) The board may seek the advice and input of officials from the following state agencies: (a) The workforce training and education coordinating board; (b) the department of employment security; (c) the department of labor and industries; (d) the department of health; (e) the department of licensing; and (f) the department of revenue. [2008 c 20 § 3; 2002 c 111 § 4. Prior: 1998 c 245 § 5; 1998 c 20 § 1; 1997 c 179 § 1; 1995 c 269 § 402; 1991 c 324 § 3; 1984 c 208 § 9.] 18.16.050 Effective date—2002 c 111: See note following RCW 18.16.010. Findings—1995 c 269: "The legislature finds that the economic opportunities for cosmetologists, barbers, estheticians, and manicurists have deteriorated in this state as a result of the lack of skilled practitioners, inadequate licensing controls, and inadequate enforcement of health standards. To increase the opportunities for individuals to earn viable incomes in these professions and to protect the general health of the public, the state cosmetology, barbering, esthetics, and manicuring advisory board should be reconstituted and given a new charge to develop appropriate responses to this situation, including legislative proposals." [1995 c 269 § 401.] Effective date—1995 c 269: See note following RCW 9.94A.850. Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005. 18.16.060 License required—Penalty—Exemptions. (1) It is unlawful for any person to engage in a practice listed in subsection (2) of this section unless the person has a 18.16.060 (2008 Ed.) 18.16.060 license in good standing as required by this chapter. A license issued under this chapter shall be considered to be "in good standing" except when: (a) The license has expired or has been canceled and has not been renewed in accordance with RCW 18.16.110; (b) The license has been denied, revoked, or suspended under RCW 18.16.210, 18.16.230, or 18.16.240, and has not been reinstated; (c) The license is held by a person who has not fully complied with an order of the director issued under RCW 18.16.210 requiring the licensee to pay restitution or a fine, or to acquire additional training; or (d) The license has been placed on inactive status at the request of the licensee, and has not been reinstated in accordance with RCW 18.16.110(3). (2) The director may take action under RCW 18.235.150 and 18.235.160 against any person who does any of the following without first obtaining, and maintaining in good standing, the license required by this chapter: (a) Except as provided in subsections (3) and (4) of this section, engages in the commercial practice of cosmetology, barbering, esthetics, or manicuring; (b) Instructs in a school; (c) Operates a school; or (d) Operates a salon/shop, personal services, or mobile unit. (3) A person who receives a license as an instructor may engage in the commercial practice for which he or she held a license when applying for the instructor license without also renewing the previously held license. However, a person licensed as an instructor whose license to engage in a commercial practice is not or at any time was not renewed may not engage in the commercial practice previously permitted under that license unless that person renews the previously held license. (4) An apprentice actively enrolled in an apprenticeship program for cosmetology, barbering, esthetics, or manicuring may engage in the commercial practice as required for the apprenticeship program. [2008 c 20 § 4; 2004 c 51 § 1. Prior: 2002 c 111 § 5; 2002 c 86 § 214; 1991 c 324 § 4; 1984 c 208 § 3.] Notice of chapter 51, Laws of 2004—2004 c 51: "The department of licensing shall: (1) Within ninety days after March 22, 2004, notify each person who held a cosmetology, barber, manicurist, or esthetician license between June 30, 1999, and June 30, 2003, of the provisions of this act by mailing a notice as specified in this section to the licensee’s last known mailing address; (2) Include in the notice required by this section: (a) A summary of this act, including a summary of the requirements for (i) renewing and obtaining additional licenses; and (ii) requesting placement on inactive status; (b) A telephone number within the department for obtaining further information; (c) The department’s internet address; and (d) On the outside of the notice, a facsimile of the state seal, the department’s return address, and the words "Notice of Legislative Changes — Cosmetology, Barbering, Manicuring, and Esthetics Licensing Information Enclosed" in conspicuous bold face type." [2004 c 51 § 6.] Effective date—2004 c 51: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 22, 2004]." [2004 c 51 § 11.] Effective date—2002 c 111: See note following RCW 18.16.010. Effective dates—2002 c 86: See note following RCW 18.08.340. [Title 18 RCW—page 29] 18.16.070 Title 18 RCW: Businesses and Professions Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.16.070 Licensing—Persons to whom chapter inapplicable. This chapter shall not apply to persons licensed under other laws of this state who are performing services within their authorized scope of practice and shall not be construed to require a license for students enrolled in a school or an apprentice engaged in a state-approved apprenticeship program as defined in RCW 18.16.020. [2003 c 400 § 3; 1984 c 208 § 4.] 18.16.070 Effective date—2003 c 400: See note following RCW 18.16.280. 18.16.080 Licensing—Other persons to whom chapter inapplicable. Nothing in this chapter prohibits any person authorized under the laws of this state from performing any service for which the person may be licensed, nor prohibits any person from performing services as an electrologist if that person has been otherwise certified, registered, or trained as an electrologist. This chapter does not apply to persons employed in the care or treatment of patients in hospitals or employed in the care of residents of nursing homes and similar residential care facilities. [1984 c 208 § 19.] 18.16.080 18.16.090 Examinations. Examinations for licensure under this chapter shall be conducted at such times and places as the director determines appropriate. Examinations shall consist of tests designed to reasonably measure the applicant’s knowledge of safe and sanitary practices and may also include the applicant’s knowledge of this chapter and rules adopted pursuant to this chapter. The director may establish by rule a performance examination in addition to any other examination. The director shall establish by rule the minimum passing score for all examinations and the requirements for reexamination of applicants who fail the examination or examinations. The director may allow an independent person to conduct the examinations at the expense of the applicants. The director shall take steps to ensure that after completion of the required course or apprenticeship program, applicants may promptly take the examination and receive the results of the examination. [2003 c 400 § 4; 2002 c 111 § 6; 1991 c 324 § 5; 1984 c 208 § 10.] 18.16.090 Effective date—2003 c 400: See note following RCW 18.16.280. Effective date—2002 c 111: See note following RCW 18.16.010. 18.16.100 Issuance of licenses—Requirements. (1) Upon completion of an application approved by the department and payment of the proper fee, the director shall issue the appropriate license to any person who: (a) Is at least seventeen years of age or older; (b)(i) Has completed and graduated from a school licensed under this chapter in a curriculum approved by the director consisting of the hours of training required under this chapter for a school curriculum, or has met the requirements in RCW 18.16.020 or 18.16.130; or (ii) Has successfully completed a state-approved apprenticeship program consisting of the hours of training required under this chapter for the apprentice training curriculum; and 18.16.100 [Title 18 RCW—page 30] (c) Has received a passing grade on the appropriate licensing examination approved or administered by the director. (2) A person currently licensed under this chapter may qualify for examination and licensure, after the required examination is passed, in another category if he or she has completed the crossover training course. (3) Upon completion of an application approved by the department, certification of insurance, and payment of the proper fee, the director shall issue a location license to the applicant. (4) The director may consult with the state board of health and the department of labor and industries in establishing training, apprenticeship, and examination requirements. [2008 c 20 § 5; 2003 c 400 § 5; 2002 c 111 § 7; 1991 c 324 § 6; 1984 c 208 § 5.] Effective date—2003 c 400: See note following RCW 18.16.280. Effective date—2002 c 111: See note following RCW 18.16.010. 18.16.110 Issuance of licenses—Renewals—Reinstatement—Duplicates. (1) The director shall issue the appropriate license to any applicant who meets the requirements as outlined in this chapter. (2) Except as provided in RCW 18.16.260: (a) Failure to renew a license by its expiration date subjects the holder to a penalty fee and payment of each year’s renewal fee, at the current rate; and (b) A person whose license has not been renewed within one year after its expiration date shall have the license canceled and shall be required to submit an application, pay the license fee, meet current licensing requirements, and pass any applicable examination or examinations, in addition to the other requirements of this chapter, before the license may be reinstated. (3) In lieu of the requirements of subsection (2)(a) of this section, a license placed on inactive status under RCW 18.16.290 may be reinstated to good standing upon receipt by the department of: (a) Payment of a renewal fee, without penalty, for a two-year license commencing on the date the license is reinstated; and (b) if the license was on inactive status during any time that the board finds that a health or other requirement applicable to the license has changed, evidence showing that the holder of the license has successfully completed, from a school licensed under RCW 18.16.140, at least the number of curriculum clock hours of instruction that the board deems necessary for a licensee to be brought current with respect to such changes, but in no case may the number of hours required under this subsection exceed four hours per year that the license was on inactive status. (4) Nothing in this section authorizes a person whose license has expired or is on inactive status to engage in a practice prohibited under RCW 18.16.060 until the license is renewed or reinstated. (5) Upon request and payment of an additional fee to be established by rule by the director, the director shall issue a duplicate license to an applicant. [2004 c 51 § 3; 2002 c 111 § 8; 1991 c 324 § 7; 1984 c 208 § 12.] 18.16.110 Notice of chapter 51, Laws of 2004—Effective date—2004 c 51: See notes following RCW 18.16.060. Effective date—2002 c 111: See note following RCW 18.16.010. (2008 Ed.) Cosmetologists, Barbers, and Manicurists 18.16.130 Issuance of licenses—Persons licensed in other jurisdictions. Any person who is properly licensed in any state, territory, or possession of the United States, or foreign country shall be eligible for examination if the applicant submits the approved application and fee and provides proof to the director that he or she is currently licensed in good standing as a cosmetologist, barber, manicurist, esthetician, instructor, or the equivalent in that jurisdiction. Upon passage of the required examinations the appropriate license will be issued. [1991 c 324 § 10; 1984 c 208 § 11.] 18.16.130 18.16.140 School licenses—Application—Approved security—Issuance—Changes in application information—Changes in controlling interest—Posting of licenses. (1) Any person wishing to operate a school shall, before opening such a school, pay the license fee and file with the director for approval a license application containing the following information: (a) The names and addresses of all owners, managers, and instructors; (b) A copy of the school’s curriculum satisfying the curriculum requirements established by the director; (c) A sample copy of the school’s catalog, brochure, enrollment contract, and cancellation and refund policies that will be used or distributed by the school to students and the public; (d) A surety bond in an amount not less than ten thousand dollars, or ten percent of the annual gross tuition collected by the school, whichever is greater. The approved security shall not exceed fifty thousand dollars and shall run to the state of Washington for the protection of unearned prepaid student tuition. The school shall attest to its gross tuition at least annually on forms provided by the department. When a new school license is being applied for, the applicant will estimate its annual gross tuition to establish a bond amount. This subsection shall not apply to community colleges and vocational technical schools. Upon approval of the application and documents, the director shall issue a license to operate a school. (2) Changes to the information provided by schools shall be submitted to the department within fifteen days of the implementation date. (3) A change involving the controlling interest of the school requires a new license application and fee. The new application shall include all required documentation, proof of ownership change, and be approved prior to a license being issued. (4) School and instructor licenses issued by the department shall be posted in the reception area of the school. [2002 c 111 § 9; 1991 c 324 § 11; 1987 c 445 § 1; 1984 c 208 § 6.] 18.16.140 Effective date—2002 c 111: See note following RCW 18.16.010. 18.16.150 Schools—Compliance with chapter. Schools shall be audited and inspected by the director or the director’s designee for compliance with this chapter at least once a year. If the director determines that a licensed school is not maintaining the standards required according to this chapter, written notice thereof shall be given to the school. A school which fails to correct these conditions to the satisfaction of the director within a reasonable time may be subject to 18.16.150 (2008 Ed.) 18.16.175 penalties imposed under RCW 18.235.110. [2002 c 86 § 215; 1997 c 178 § 1; 1991 c 324 § 12; 1984 c 208 § 8.] Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.16.160 Schools—Claims against—Procedure. In addition to any other legal remedy, any student or instructortrainee having a claim against a school may bring suit upon the approved security required in RCW 18.16.140(1)(d) in the superior or district court of Thurston county or the county in which the educational services were offered by the school. Action upon the approved security shall be commenced by filing the complaint with the clerk of the appropriate superior or district court within one year from the date of the cancellation of the approved security: PROVIDED, That no action shall be maintained upon the approved security for any claim which has been barred by any nonclaim statute or statute of limitations of this state. Service of process in an action upon the approved security shall be exclusively by service upon the director. Two copies of the complaint shall be served by registered or certified mail upon the director at the time the suit is started. Such service shall constitute service on the approved security and the school. The director shall transmit the complaint or a copy thereof to the school at the address listed in the director’s records and to the surety within fortyeight hours after it has been received. The approved security shall not be liable in an aggregate amount in excess of the amount named in the approved security. In any action on an approved security, the prevailing party is entitled to reasonable attorney’s fees and costs. The director shall maintain a record, available for public inspection, of all suits commenced under this chapter upon approved security. [2004 c 51 § 8; 1991 c 324 § 13; 1984 c 208 § 16.] 18.16.160 Notice of chapter 51, Laws of 2004—Effective date—2004 c 51: See notes following RCW 18.16.060. 18.16.170 Expiration of licenses. (1) Subject to subsection (2) of this section, licenses issued under this chapter expire as follows: (a) A salon/shop, personal services, or mobile unit license expires one year from issuance or when the insurance required by RCW 18.16.175(1)(g) expires, whichever occurs first; (b) A school license expires one year from issuance; and (c) Cosmetologist, barber, manicurist, esthetician, and instructor licenses expire two years from issuance. (2) The director may provide for expiration dates other than those set forth in subsection (1) of this section for the purpose of establishing staggered renewal periods. [2002 c 111 § 10; 1991 c 324 § 9.] 18.16.170 Effective date—2002 c 111: See note following RCW 18.16.010. 18.16.175 Salon/shop or mobile unit requirements— Liability insurance—Complaints—Inspection—Registration—Use of motor homes—Posting of licenses. (1) A salon/shop or mobile unit shall meet the following minimum requirements: 18.16.175 [Title 18 RCW—page 31] 18.16.180 Title 18 RCW: Businesses and Professions (a) Maintain an outside entrance separate from any rooms used for sleeping or residential purposes; (b) Provide and maintain for the use of its customers adequate toilet facilities located within or adjacent to the salon/shop or mobile unit; (c) Any room used wholly or in part as a salon/shop or mobile unit shall not be used for residential purposes, except that toilet facilities may be used for both residential and business purposes; (d) Meet the zoning requirements of the county, city, or town, as appropriate; (e) Provide for safe storage and labeling of chemicals used in the practices under this chapter; (f) Meet all applicable local and state fire codes; and (g) Certify that the salon/shop or mobile unit is covered by a public liability insurance policy in an amount not less than one hundred thousand dollars for combined bodily injury and property damage liability. (2) The director may by rule determine other requirements that are necessary for safety and sanitation of salons/shops, personal services, or mobile units. The director may consult with the state board of health and the department of labor and industries in establishing minimum salon/shop, personal services, and mobile unit safety requirements. (3) Personal services license holders shall certify coverage of a public liability insurance policy in an amount not less than one hundred thousand dollars for combined bodily injury and property damage liability. (4) Upon receipt of a written complaint that a salon/shop or mobile unit has violated any provisions of this chapter, chapter 18.235 RCW, or the rules adopted under either chapter, or at least once every two years for an existing salon/shop or mobile unit, the director or the director’s designee shall inspect each salon/shop or mobile unit. If the director determines that any salon/shop or mobile unit is not in compliance with this chapter, the director shall send written notice to the salon/shop or mobile unit. A salon/shop or mobile unit which fails to correct the conditions to the satisfaction of the director within a reasonable time shall, upon due notice, be subject to the penalties imposed by the director under RCW 18.235.110. The director may enter any salon/shop or mobile unit during business hours for the purpose of inspection. The director may contract with health authorities of local governments to conduct the inspections under this subsection. (5) A salon/shop, personal services, or mobile unit shall obtain a certificate of registration from the department of revenue. (6) This section does not prohibit the use of motor homes as mobile units if the motor home meets the health and safety standards of this section. (7) Salon/shop or mobile unit licenses issued by the department must be posted in the salon/shop or mobile unit’s reception area. (8) Cosmetology, barbering, esthetics, and manicuring licenses issued by the department must be posted at the licensed person’s work station. [2008 c 20 § 6. Prior: 2002 c 111 § 11; 2002 c 86 § 216; 1997 c 178 § 2; 1991 c 324 § 15.] Effective date—2002 c 111: See note following RCW 18.16.010. Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. [Title 18 RCW—page 32] 18.16.180 Salon/shop—Apprenticeship shop—Notice required. (1) The director shall prepare and provide to all licensed salons/shops a notice to consumers. At a minimum, the notice shall state that cosmetology, barber, esthetics, and manicure salons/shops are required to be licensed, that salons/shops are required to maintain minimum safety and sanitation standards, that customer complaints regarding salons/shops may be reported to the department, and a telephone number and address where complaints may be made. (2) An approved apprenticeship shop must post a notice to consumers in the reception area of the salon/shop stating that services may be provided by an apprentice. At a minimum, the notice must state: "This shop is a participant in a state-approved apprenticeship program. Apprentices in this program are in training and have not yet received a license." [2008 c 20 § 7; 1991 c 324 § 16.] 18.16.180 18.16.190 Location of practice—Penalty—Placebound clients. It is a violation of this chapter for any person to engage in the commercial practice of cosmetology, barbering, esthetics, or manicuring, except in a licensed salon/shop or the home, office, or other location selected by the client for obtaining the services of a personal service operator, or with the appropriate individual license when delivering services to placebound clients. Placebound clients are defined as persons who are ill, disabled, or otherwise unable to travel to a salon/shop. [1991 c 324 § 20.] 18.16.190 18.16.200 Disciplinary action—Grounds. In addition to the unprofessional conduct described in RCW 18.235.130, the director may take disciplinary action against any applicant or licensee under this chapter if the licensee or applicant: (1) Has been found to have violated any provisions of chapter 19.86 RCW; (2) Has engaged in a practice prohibited under RCW 18.16.060 without first obtaining, and maintaining in good standing, the license required by this chapter; (3) Has engaged in the commercial practice of cosmetology, barbering, manicuring, or esthetics in a school; (4) Has not provided a safe, sanitary, and good moral environment for students in a school or the public; (5) Has failed to display licenses required in this chapter; or (6) Has violated any provision of this chapter or any rule adopted under it. [2004 c 51 § 4. Prior: 2002 c 111 § 12; 2002 c 86 § 217; 1991 c 324 § 14; 1984 c 208 § 13.] 18.16.200 Notice of chapter 51, Laws of 2004—Effective date—2004 c 51: See notes following RCW 18.16.060. Effective date—2002 c 111: See note following RCW 18.16.010. Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.16.210 Violations—Penalties. If, following a hearing, the director finds that any person or an applicant or licensee has violated any provision of this chapter or any rule adopted under it, the director may impose one or more of the following penalties: (1) Denial of a license or renewal; (2) Revocation or suspension of a license; 18.16.210 (2008 Ed.) Cosmetologists, Barbers, and Manicurists (3) A fine of not more than five hundred dollars per violation; (4) Issuance of a reprimand or letter of censure; (5) Placement of the licensee on probation for a fixed period of time; (6) Restriction of the licensee’s authorized scope of practice; (7) Requiring the licensee to make restitution or a refund as determined by the director to any individual injured by the violation; or (8) Requiring the licensee to obtain additional training or instruction. [2002 c 111 § 13; 1984 c 208 § 14.] 18.16.280 Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 18.16.250 Finding—Consumer protection act. The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW. [2002 c 111 § 14.] 18.16.250 Effective date—2002 c 111: See note following RCW 18.16.010. Effective date—2002 c 111: See note following RCW 18.16.010. 18.16.220 Appeal—Procedure. Any person aggrieved by the refusal of the director to issue any license provided for in this chapter, or to renew the same, or by the revocation or suspension of any license issued under this chapter or by the application of any penalty under RCW 18.16.210, shall have the right to appeal the decision of the director to the superior court of the county in which the person maintains his or her place of business. Such appeal shall be filed within thirty days of the director’s decision. [1984 c 208 § 15.] 18.16.260 License renewal—Fee—Examination— Fee. (1)(a) Prior to July 1, 2005, (i) a cosmetology licensee who held a license in good standing between June 30, 1999, and June 30, 2003, may request a renewal of the license or an additional license in barbering, manicuring, and/or esthetics; and (ii) a licensee who held a barber, manicurist, or esthetics license between June 30, 1999, and June 30, 2003, may request a renewal of such licenses held during that period. (b) A license renewal fee, including, if applicable, a renewal fee, at the current rate, for each year the licensee did not hold a license in good standing between July 1, 2001, and the date of the renewal request, must be paid prior to issuance of each type of license requested. After June 30, 2005, any cosmetology licensee wishing to renew an expired license or obtain additional licenses must meet the applicable renewal, training, and examination requirements of this chapter. (2) The director may, as provided in RCW 43.24.140, modify the duration of any additional license granted under this section to make all licenses issued to a person expire on the same date. [2004 c 51 § 5; 2002 c 111 § 16.] 18.16.220 18.16.230 License suspension—Nonpayment or default on educational loan or scholarship. The director shall suspend the license of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person’s license shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose. [1996 c 293 § 5.] 18.16.230 Severability—1996 c 293: See note following RCW 18.04.420. 18.16.240 License suspension—Noncompliance with support order—Reissuance. The department shall immediately suspend the license of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department’s receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order. [2002 c 111 § 15; 1997 c 58 § 815.] 18.16.240 Effective date—2002 c 111: See note following RCW 18.16.010. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. (2008 Ed.) 18.16.260 Notice of chapter 51, Laws of 2004—Effective date—2004 c 51: See notes following RCW 18.16.060. Effective date—2002 c 111: See note following RCW 18.16.010. 18.16.270 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 218.] 18.16.270 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.16.280 Cosmetology apprenticeship program. (1) An approved cosmetology apprenticeship program is hereby created. The apprenticeship program allows for the direct entry of individuals into a training program approved as provided in this chapter and chapter 49.04 RCW. (2) The department of licensing shall adopt rules, including a mandatory requirement that apprentices complete inclassroom theory courses as a part of their training, to provide for the licensure of participants of the apprenticeship program. (3) Apprenticeship salon/shops participating in the apprenticeship program must: (a) Be approved as an approved apprenticeship program conducted in an approved salon/shop by the Washington state 18.16.280 [Title 18 RCW—page 33] 18.16.290 Title 18 RCW: Businesses and Professions apprenticeship and training council in accordance with chapter 49.04 RCW; and (b) Provide the department with the names of all individuals acting as apprentice trainers. (4) To act as an apprentice trainer, an individual must be approved by the department. To be approved, the trainer must hold a current license in the practice for which he or she is providing training and must have held that license for a minimum of three consecutive years. (5) If an approved apprenticeship program or apprenticeship shop implements changes affecting the information required to be provided to the department under this section or rules adopted under this section, the revised information must be submitted to the department before implementing the changes. (6) The director or the director’s designee shall audit and inspect approved apprenticeship shops for compliance with this chapter at least annually. If the director determines that an approved apprenticeship shop is not maintaining the standards required by this chapter, written notice thereof must be given to the approved apprenticeship program and apprenticeship shop. An approved apprenticeship shop that fails to correct the conditions listed in the notice to the satisfaction of the director within a reasonable time may be subject to penalties imposed under RCW 18.235.110. [2008 c 20 § 8; 2006 c 162 § 2; 2003 c 400 § 1.] Finding—2006 c 162: "The legislature finds that direct-entry apprenticeship programs can be very beneficial to both students and employers. However, there is also concern that apprenticeship programs may reduce the number of students who enroll in traditional cosmetology school. The advisory committee is to update the legislature on the program with an updated final report by December 31, 2008, and is to include an evaluation of the effectiveness of the apprenticeship program, including but not limited to the number of apprentices who complete the program, the number of apprentices who take and pass the licensing examination, and a formal review of any impact the expansion of such an apprenticeship program may have on the enrollment of traditional cosmetology schools, including but not limited to whether the enrollment of traditional cosmetology schools is negatively impacted by the direct-entry apprenticeship programs." [2006 c 162 § 1.] Effective date—2003 c 400: "This act takes effect September 15, 2003." [2003 c 400 § 6.] 18.16.290 License—Inactive status. (1) If the holder of an individual license in good standing submits a written and notarized request that the licensee’s cosmetology, barber, manicurist, esthetician, or instructor license be placed on inactive status, together with a fee equivalent to that established by rule for a duplicate license, the department shall place the license on inactive status until the expiration date of the license. If the date of the request is no more than six months before the expiration date of the license, a request for a two-year extension of the inactive status, as provided under subsection (2) of this section, may be submitted at the same time as the request under this subsection. (2) If the holder of a license placed on inactive status under this section submits, by the expiration date of the license, a written and notarized request to extend that status for an additional two years, the department shall, without additional fee, extend the expiration date of: (a) The licensee’s individual license; and (b) the inactive status for two years from the expiration date of the license. (3) A license placed on inactive status under this section may not be extended more frequently than once in any 18.16.290 [Title 18 RCW—page 34] twenty-four month period or for more than six consecutive years. (4) If, by the expiration date of a license placed on inactive status under this section, a licensee is unable, or fails, to request that the status be extended and the license is not renewed, the license shall be canceled. [2004 c 51 § 2.] Notice of chapter 51, Laws of 2004—Effective date—2004 c 51: See notes following RCW 18.16.060. 18.16.900 Short title—1984 c 208. This act shall be known and may be cited as the "Washington cosmetologists, barbers, manicurists, and estheticians act". [2002 c 111 § 17; 1984 c 208 § 20.] 18.16.900 Effective date—2002 c 111: See note following RCW 18.16.010. 18.16.905 Severability—1984 c 208. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1984 c 208 § 22.] 18.16.905 18.16.907 Effective date—1984 c 208. This act shall take effect July 1, 1984. [1984 c 208 § 23.] 18.16.907 18.16.910 Severability—1991 c 324. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1991 c 324 § 22.] 18.16.910 Chapter 18.19 Chapter 18.19 RCW COUNSELORS Sections 18.19.010 18.19.020 18.19.030 18.19.031 18.19.035 18.19.040 18.19.050 18.19.060 18.19.080 18.19.090 18.19.100 18.19.180 18.19.190 18.19.200 18.19.210 18.19.220 18.19.900 18.19.901 18.19.902 Legislative findings—Insurance benefits not mandated. Definitions. Registration required. Registered counselor credentials—Limitation on issuance. Registration required—Hypnotherapists. Exemptions. Powers of secretary—Application of uniform disciplinary act—Public education program. Information disclosure to clients. Official records. Registration of counselors and hypnotherapists. Renewal of credentials. Confidential communications. Other professions not affected. Scope of practice—Certified counselors and certified advisors. Agency affiliated counselors—Employment status—Duty to notify department. Certified counselors and hypnotherapist advisory committee. Short title. Severability—1987 c 512. Registered counselor credential abolished. 18.19.010 Legislative findings—Insurance benefits not mandated. The qualifications and practices of counselors in this state are virtually unknown to potential clients. Beyond the regulated practices of psychiatry and psychology, there are a considerable variety of disciplines, theories, and techniques employed by other counselors under a number of differing titles. The legislature recognizes the right of all counselors to practice their skills freely, consistent with the requirements of the public health and safety, as well as the 18.19.010 (2008 Ed.) Counselors right of individuals to choose which counselors best suit their needs and purposes. This chapter shall not be construed to require or prohibit that individual or group policies or contracts of an insurance carrier, health care service contractor, or health maintenance organization provide benefits or coverage for services and supplies provided by a person registered under this chapter. [2001 c 251 § 17; 1987 c 512 § 1.] Severability—2001 c 251: See RCW 18.225.900. 18.19.020 Definitions. (Effective until July 1, 2009.) Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Client" means an individual who receives or participates in counseling or group counseling. (2) "Counseling" means employing any therapeutic techniques, including but not limited to social work, mental health counseling, marriage and family therapy, and hypnotherapy, for a fee that offer, assist or attempt to assist an individual or individuals in the amelioration or adjustment of mental, emotional, or behavioral problems, and includes therapeutic techniques to achieve sensitivity and awareness of self and others and the development of human potential. For the purposes of this chapter, nothing may be construed to imply that the practice of hypnotherapy is necessarily limited to counseling. (3) "Counselor" means an individual, practitioner, therapist, or analyst who engages in the practice of counseling to the public for a fee, including for the purposes of this chapter, hypnotherapists. (4) "Department" means the department of health. (5) "Secretary" means the secretary of the department or the secretary’s designee. [2001 c 251 § 18; 1991 c 3 § 19; 1987 c 512 § 3.] 18.19.020 Severability—2001 c 251: See RCW 18.225.900. 18.19.020 Definitions. (Effective July 1, 2009.) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Agency" means an agency or facility operated, licensed, or certified by the state of Washington. (2) "Agency affiliated counselor" means a person registered under this chapter who is engaged in counseling and employed by an agency. (3) "Certified adviser" means a person certified under this chapter who is engaged in private practice counseling to the extent authorized in RCW 18.19.200. (4) "Certified counselor" means a person certified under this chapter who is engaged in private practice counseling to the extent authorized in RCW 18.19.200. (5) "Client" means an individual who receives or participates in counseling or group counseling. (6) "Counseling" means employing any therapeutic techniques, including but not limited to social work, mental health counseling, marriage and family therapy, and hypnotherapy, for a fee that offer, assist or attempt to assist an individual or individuals in the amelioration or adjustment of mental, emotional, or behavioral problems, and includes therapeutic techniques to achieve sensitivity and awareness of self and others and the development of human potential. For the purposes of this chapter, nothing may be construed to 18.19.020 (2008 Ed.) 18.19.031 imply that the practice of hypnotherapy is necessarily limited to counseling. (7) "Counselor" means an individual, practitioner, therapist, or analyst who engages in the practice of counseling to the public for a fee, including for the purposes of this chapter, hypnotherapists. (8) "Department" means the department of health. (9) "Hypnotherapist" means a person registered under this chapter who is practicing hypnosis as a modality. (10) "Private practice counseling" means the practice of counseling by a certified counselor or certified adviser as specified in RCW 18.19.200. (11) "Psychotherapy" means the practice of counseling using diagnosis of mental disorders according to the fourth edition of the diagnostic and statistical manual of mental disorders, published in 1994, and the development of treatment plans for counseling based on diagnosis of mental disorders in accordance with established practice standards. (12) "Secretary" means the secretary of the department or the secretary’s designee. [2008 c 135 § 1; 2001 c 251 § 18; 1991 c 3 § 19; 1987 c 512 § 3.] Effective date—2008 c 135 §§ 1, 2, 7-9, and 11-19: "Sections 1, 2, 7 through 9, and 11 through 19 of this act take effect July 1, 2009." [2008 c 135 § 21.] Severability—2001 c 251: See RCW 18.225.900. 18.19.030 Registration required. (Effective until July 1, 2009.) No person may, for a fee or as a part of his or her position as an employee of a state agency, practice counseling without being registered to practice by the department under this chapter unless exempt under RCW 18.19.040. [2001 c 251 § 19; 1991 c 3 § 20; 1987 c 512 § 2.] 18.19.030 Severability—2001 c 251: See RCW 18.225.900. 18.19.030 Registration required—Counselors. (Effective July 1, 2009.) A person may not, as a part of his or her position as an employee of a state agency, practice counseling without being registered to practice as an agency affiliated counselor by the department under this chapter unless exempt under RCW 18.19.040. [2008 c 135 § 2; 2001 c 251 § 19; 1991 c 3 § 20; 1987 c 512 § 2.] 18.19.030 Effective date—2008 c 135 §§ 1, 2, 7-9, and 11-19: See note following RCW 18.19.020. Report—2008 c 135: "(1) The department of health shall report to the legislature and the governor by December 15, 2011, on: (a) The number of registered counselors who become certified counselors or certified advisers; (b) The number, status, type, and outcome of disciplinary actions involving certified counselors and certified advisers beginning on June 12, 2008; and (c) The state of education equivalency, examination, supervisory, consultation, and continuing education requirements established under chapter 135, Laws of 2008. (2) The department of health shall also report on cost savings or expenditures to administer the provisions of chapter 135, Laws of 2008 and make recommendations regarding future reports or evaluations." [2008 c 135 § 23.] Severability—2001 c 251: See RCW 18.225.900. 18.19.031 Registered counselor credentials—Limitation on issuance. The department of health may not issue any new registered counselor credentials after July 1, 2009. [2008 c 135 § 22.] 18.19.031 [Title 18 RCW—page 35] 18.19.035 Title 18 RCW: Businesses and Professions 18.19.035 Registration required—Hypnotherapists. A person may not, for a fee or as a part of his or her position as an employee of a state agency, practice hypnotherapy without being registered to practice as a hypnotherapist by the department under this chapter unless exempt under RCW 18.19.040. [2008 c 135 § 3.] 18.19.035 18.19.040 Exemptions. Nothing in this chapter may be construed to prohibit or restrict: (1) The practice of a profession by a person who is either registered, certified, licensed, or similarly regulated under the laws of this state and who is performing services within the person’s authorized scope of practice, including any attorney admitted to practice law in this state when providing counseling incidental to and in the course of providing legal counsel; (2) The practice of counseling by an employee or trainee of any federal agency, or the practice of counseling by a student of a college or university, if the employee, trainee, or student is practicing solely under the supervision of and accountable to the agency, college, or university, through which he or she performs such functions as part of his or her position for no additional fee other than ordinary compensation; (3) The practice of counseling by a person for no compensation; (4) The practice of counseling by persons offering services for public and private nonprofit organizations or charities not primarily engaged in counseling for a fee when approved by the organizations or agencies for whom they render their services; (5) Evaluation, consultation, planning, policy-making, research, or related services conducted by social scientists for private corporations or public agencies; (6) The practice of counseling by a person under the auspices of a religious denomination, church, or organization, or the practice of religion itself; (7) The practice of counseling by peer counselors who use their own experience to encourage and support people with similar conditions or activities related to the training of peer counselors; and (8) Counselors who reside outside Washington state from providing up to ten days per quarter of training or workshops in the state, as long as they do not hold themselves out to be registered or certified in Washington state. [2008 c 135 § 5; 2001 c 251 § 20; 1987 c 512 § 4.] 18.19.040 Severability—2001 c 251: See RCW 18.225.900. 18.19.050 Powers of secretary—Application of uniform disciplinary act—Public education program. (1) In addition to any other authority provided by law, the secretary has the following authority: (a) To adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this chapter; (b) To set all registration, certification, and renewal fees in accordance with RCW 43.70.250 and to collect and deposit all such fees in the health professions account established under RCW 43.70.320; (c) To establish forms and procedures necessary to administer this chapter; (d) To hire clerical, administrative, and investigative staff as needed to implement this chapter; 18.19.050 [Title 18 RCW—page 36] (e) To issue a registration or certification to any applicant who has met the requirements for registration or certification; and (f) To establish education equivalency, examination, supervisory, consultation, and continuing education requirements for certified counselors and certified advisers. (2) The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of registrations and certifications and the discipline of registrants under this chapter. The secretary shall be the disciplining authority under this chapter. (3) The department shall publish and disseminate information to educate the public about the responsibilities of counselors, the types of counselors, and the rights and responsibilities of clients established under this chapter. The secretary may assess an additional fee for each application and renewal to fund public education efforts under this section. [2008 c 135 § 6; 2001 c 251 § 21; 1991 c 3 § 21; 1987 c 512 § 5.] Severability—2001 c 251: See RCW 18.225.900. 18.19.060 Information disclosure to clients. (Effective until July 1, 2009.) Persons registered under this chapter shall provide clients at the commencement of any program of treatment with accurate disclosure information concerning their practice, in accordance with guidelines developed by the department, that will inform clients of the purposes of and resources available under this chapter, including the right of clients to refuse treatment, the responsibility of clients for choosing the provider and treatment modality which best suits their needs, and the extent of confidentiality provided by this chapter. The disclosure information provided by the counselor, the receipt of which shall be acknowledged in writing by the counselor and client, shall include any relevant education and training, the therapeutic orientation of the practice, the proposed course of treatment where known, any financial requirements, and such other information as the department may require by rule. The disclosure information shall also include a statement that registration of an individual under this chapter does not include a recognition of any practice standards, nor necessarily imply the effectiveness of any treatment. [2001 c 251 § 22; 1987 c 512 § 6.] 18.19.060 Severability—2001 c 251: See RCW 18.225.900. 18.19.060 Information disclosure to clients. (Effective July 1, 2009.) Certified counselors and certified advisers shall provide clients at the commencement of any program of treatment with accurate disclosure information concerning their practice, in accordance with guidelines developed by the department, that will inform clients of the purposes of and resources available under this chapter, including the right of clients to refuse treatment, the responsibility of clients for choosing the provider and treatment modality which best suits their needs, and the extent of confidentiality provided by this chapter, the department, another agency, or other jurisdiction. The disclosure statement must inform the client of the certified counselor’s or certified adviser’s consultation arrangement or supervisory agreement as defined in rules adopted by the secretary. The disclosure information provided by the certified counselor or certified adviser, the 18.19.060 (2008 Ed.) Counselors receipt of which shall be acknowledged in writing by the certified counselor or certified adviser and the client, shall include any relevant education and training, the therapeutic orientation of the practice, the proposed course of treatment where known, any financial requirements, referral resources, and such other information as the department may require by rule. The disclosure information shall also include a statement that the certification of an individual under this chapter does not include a recognition of any practice standards, nor necessarily imply the effectiveness of any treatment. Certified counselors and certified advisers must also disclose that they are not credentialed to diagnose mental disorders or to conduct psychotherapy as defined by the secretary by rule. The client is not liable for any fees or charges for services rendered prior to receipt of the disclosure statement. [2008 c 135 § 7; 2001 c 251 § 22; 1987 c 512 § 6.] Effective date—2008 c 135 §§ 1, 2, 7-9, and 11-19: See note following RCW 18.19.020. Severability—2001 c 251: See RCW 18.225.900. 18.19.080 18.19.080 Official records. The secretary shall keep an official record of all proceedings, a part of which record shall consist of a register of all applicants for registration under this chapter, with the result of each application. [2001 c 251 § 23; 1991 c 3 § 23; 1987 c 512 § 8.] Severability—2001 c 251: See RCW 18.225.900. 18.19.090 18.19.090 Registration of counselors and hypnotherapists. (Effective until July 1, 2009.) The secretary shall issue a registration to any applicant who submits, on forms provided by the secretary, the applicant’s name, address, occupational title, name and location of business, and other information as determined by the secretary, including information necessary to determine whether there are grounds for denial of registration or issuance of a conditional registration under this chapter or chapter 18.130 RCW. Applicants for registration shall register as counselors or may register as hypnotherapists if employing hypnosis as a modality. Applicants shall, in addition, provide in their titles a description of their therapeutic orientation, discipline, theory, or technique. Each applicant shall pay a fee determined by the secretary as provided in RCW 43.70.250, which shall accompany the application. [1991 c 3 § 24; 1987 c 512 § 9.] 18.19.090 18.19.090 Application for credentials—Contents— Form—Requirements. (Effective July 1, 2009.) (1) Application for agency affiliated counselor, certified counselor, certified adviser, or hypnotherapist must be made on forms approved by the secretary. The secretary may require information necessary to determine whether applicants meet the qualifications for the credential and whether there are any grounds for denial of the credential, or for issuance of a conditional credential, under this chapter or chapter 18.130 RCW. The application for agency affiliated counselor, certified counselor, or certified adviser must include a description of the applicant’s orientation, discipline, theory, or technique. Each applicant shall pay a fee determined by the secretary as provided in RCW 43.70.250, which shall accompany the application. (2008 Ed.) 18.19.180 (2) Applicants for agency affiliated counselor must provide satisfactory documentation that they are employed by an agency or have an offer of employment from an agency. (3) At the time of application for initial certification, applicants for certified counselor prior to July 1, 2010, are required to: (a) Have been registered for no less than five years at the time of application for an initial certification; (b) Have held a valid, active registration that is in good standing and be in compliance with any disciplinary process and orders at the time of application for an initial certification; (c) Show evidence of having completed course work in risk assessment, ethics, appropriate screening and referral, and Washington state law and other subjects identified by the secretary; (d) Pass an examination in risk assessment, ethics, appropriate screening and referral, and Washington state law, and other subjects as determined by the secretary; and (e) Have a written consultation agreement with a credential holder who meets the qualifications established by the secretary. (4) Unless eligible for certification under subsection (3) of this section, applicants for certified counselor or certified adviser are required to: (a)(i) Have a bachelor’s degree in a counseling-related field, if applying for certified counselor; or (ii) Have an associate degree in a counseling-related field and a supervised internship, if applying for certified adviser; (b) Pass an examination in risk assessment, ethics, appropriate screening and referral, and Washington state law, and other subjects as determined by the secretary; and (c) Have a written supervisory agreement with a supervisor who meets the qualifications established by the secretary. (5) Each applicant shall include payment of the fee determined by the secretary as provided in RCW 43.70.250. [2008 c 135 § 8; 1991 c 3 § 24; 1987 c 512 § 9.] Effective date—2008 c 135 §§ 1, 2, 7-9, and 11-19: See note following RCW 18.19.020. 18.19.100 Renewal of credentials. The secretary shall establish administrative procedures, administrative requirements, continuing education, and fees for renewal of credentials as provided in RCW 43.70.250 and 43.70.280. When establishing continuing education requirements for agency affiliated counselors, the secretary shall consult with the appropriate state agency director responsible for licensing, certifying, or operating the relevant agency practice setting. [2008 c 135 § 10; 1996 c 191 § 5; 1991 c 3 § 25; 1987 c 512 § 10.] 18.19.100 18.19.180 Confidential communications. An individual registered under this chapter shall not disclose the written acknowledgment of the disclosure statement pursuant to RCW 18.19.060 nor any information acquired from persons consulting the individual in a professional capacity when that information was necessary to enable the individual to render professional services to those persons except: (1) With the written consent of that person or, in the case of death or disability, the person’s personal representative, 18.19.180 [Title 18 RCW—page 37] 18.19.190 Title 18 RCW: Businesses and Professions other person authorized to sue, or the beneficiary of an insurance policy on the person’s life, health, or physical condition; (2) That a person registered under this chapter is not required to treat as confidential a communication that reveals the contemplation or commission of a crime or harmful act; (3) If the person is a minor, and the information acquired by the person registered under this chapter indicates that the minor was the victim or subject of a crime, the person registered may testify fully upon any examination, trial, or other proceeding in which the commission of the crime is the subject of the inquiry; (4) If the person waives the privilege by bringing charges against the person registered under this chapter; (5) In response to a subpoena from a court of law or the secretary. The secretary may subpoena only records related to a complaint or report under chapter 18.130 RCW; or (6) As required under chapter 26.44 RCW. [2001 c 251 § 24; 1991 c 3 § 33; 1987 c 512 § 11.] Severability—2001 c 251: See RCW 18.225.900. 18.19.190 Other professions not affected. This chapter shall not be construed as permitting the administration or prescription of drugs or in any way infringing upon the practice of medicine and surgery as defined in chapter 18.71 RCW, or in any way infringing upon the practice of psychology as defined in chapter 18.83 RCW, or restricting the scope of the practice of counseling for those registered under this chapter. [2001 c 251 § 25; 1987 c 512 § 18.] 18.19.190 Severability—2001 c 251: See RCW 18.225.900. 18.19.200 Scope of practice—Certified counselors and certified advisers. The scope of practice of certified counselors and certified advisers consists exclusively of the following: (1) Appropriate screening of the client’s level of functional impairment using the global assessment of functioning as described in the fourth edition of the diagnostic and statistical manual of mental disorders, published in 1994. Recognition of a mental or physical disorder or a global assessment of functioning score of sixty or less requires that the certified counselor or certified adviser refer the client to a physician, osteopathic physician, psychiatric registered nurse practitioner, or licensed mental health practitioner, as defined by the secretary, for diagnosis and treatment; (2) Certified counselors and certified advisers may counsel and guide a client in adjusting to life situations, developing new skills, and making desired changes, in accordance with the theories and techniques of a specific counseling method and established practice standards, if the client has a global assessment of functioning score greater than sixty; (3) Certified counselors may counsel and guide a client in adjusting to life situations, developing new skills, and making desired changes if the client has a global assessment of functioning score of sixty or less if: (a) The client has been referred to the certified counselor by a physician, osteopathic physician, psychiatric registered nurse practitioner, or licensed mental health practitioner, as defined by the secretary, and care is provided as part of a plan of treatment developed by the referring practitioner who is actively treating the client. The certified counselor must 18.19.200 [Title 18 RCW—page 38] adhere to any conditions related to the certified counselor’s role as specified in the plan of care; or (b) The certified counselor referred the client to seek diagnosis and treatment from a physician, osteopathic physician, psychiatric registered nurse practitioner, or licensed mental health practitioner, as defined by the secretary, and the client refused, in writing, to seek treatment from the other provider. The certified counselor may provide services to the client consistent with a treatment plan developed by the certified counselor and the consultant or supervisor with whom the certified counselor has a written consultation or supervisory agreement. A certified counselor shall not be a sole treatment provider for a client with a global assessment of functioning score of less than fifty. [2008 c 135 § 4.] 18.19.210 Agency affiliated counselors—Employment status—Duty to notify department. (Effective July 1, 2009.) Agency affiliated counselors shall notify the department if they are either no longer employed by the agency identified on their application or are now employed with another agency, or both. Agency affiliated counselors may not engage in the practice of counseling unless they are currently affiliated with an agency. [2008 c 135 § 9.] 18.19.210 Effective date—2008 c 135 §§ 1, 2, 7-9, and 11-19: See note following RCW 18.19.020. 18.19.220 Certified counselors and hypnotherapist advisory committee. (Effective July 1, 2009.) The Washington state certified counselors and hypnotherapist advisory committee is established. (1) The committee is comprised of seven members. Two committee members must be certified counselors or certified advisers. Two committee members must be hypnotherapists. Three committee members must be consumers and represent the public at large and may not hold any mental health care provider license, certification, or registration. (2) Two committee members must be appointed for a term of one year, two committee members must be appointed for a term of two years, and three committee members must be appointed for a term of three years. Subsequent committee members must be appointed for terms of three years. A person may not serve as a committee member for more than two consecutive terms. (3)(a) Each committee member must be a resident of the state of Washington. (b) A committee member may not hold an office in a professional association for their profession. (c) Advisory committee members may not be employed by the state of Washington. (d) Each professional committee member must have been actively engaged in their profession for five years immediately preceding appointment. (e) The consumer committee members must represent the general public and be unaffiliated directly or indirectly with the professions credentialed under this chapter. (4) The secretary shall appoint the committee members. (5) Committee members are immune from suit in an action, civil or criminal, based on the department’s disciplinary proceedings or other official acts performed in good faith. (6) Committee members must be compensated in accordance with RCW 43.03.240, including travel expenses in car18.19.220 (2008 Ed.) Boarding Homes rying out his or her authorized duties in accordance with RCW 43.03.050 and 43.03.060. (7) The committee shall elect a chair and vice-chair. [2008 c 135 § 19.] Effective date—2008 c 135 §§ 1, 2, 7-9, and 11-19: See note following RCW 18.19.020. 18.19.900 Short title. This chapter shall be known as the omnibus credentialing act for counselors. [1987 c 512 § 20.] 18.19.900 18.19.901 Severability—1987 c 512. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1987 c 512 § 28.] 18.19.901 18.19.902 Registered counselor credential abolished. To practice counseling, all registered counselors must obtain another health profession credential by July 1, 2010. The registered counselor credential is abolished July 1, 2010. [2008 c 135 § 20.] 18.19.902 Chapter 18.20 Chapter 18.20 RCW BOARDING HOMES Sections 18.20.010 18.20.020 18.20.030 18.20.040 18.20.050 18.20.090 18.20.110 18.20.115 18.20.125 18.20.130 18.20.140 18.20.150 18.20.160 18.20.170 18.20.180 18.20.185 18.20.190 18.20.195 18.20.200 18.20.210 18.20.220 18.20.230 18.20.250 18.20.260 18.20.270 18.20.280 18.20.290 18.20.300 18.20.310 18.20.320 18.20.330 (2008 Ed.) Purpose. Definitions. License required. Application for license. Licenses—Issuance—Renewal—Provisional licenses— Fees—Display—Surrender, relinquishment—Change in licensee—Refusal of renewal, when—Copy of decision. Rules, regulations, and standards. Inspection of boarding homes—Approval of changes or new facilities. Quality improvement consultation program—Principles. Inspections—Enforcement remedies—Screening—Access to vulnerable adults/limitation. Fire protection—Duties of chief of the Washington state patrol. Operating without license—Penalty. Operating without license—Injunction. Persons requiring medical or nursing care. Homes operated by religious organizations. Resident rights. Complaints—Toll-free telephone number—Investigation and referral—Rules—Retaliation prohibited. Department response to noncompliance or violations. Disputed violations, enforcement remedies—Informal dispute resolution process. License suspension—Nonpayment or default on educational loan or scholarship. License suspension—Noncompliance with support order— Reissuance. Residential care contracted services, conversion to—Requirements. Training standards review—Proposed enhancements. Federal funding programs, opportunities—Secretary’s duty to comply. Advisory board. Long-term caregiver training. General responsibility for each resident. Holding a medicaid eligible resident’s room or unit—Payment rates. Domiciliary care services—Scope of services—Disclosure form. Assistance with activities of daily living. Health support services. Intermittent nursing services. 18.20.340 18.20.350 18.20.360 18.20.370 18.20.380 18.20.390 18.20.400 18.20.410 18.20.415 18.20.420 18.20.430 18.20.440 18.20.900 18.20.020 Resident’s family member administers medications or treatment—Written primary or alternate plan—Licensee’s duty of care/negligence. Preadmission assessment—Initial resident service plan— Respite care. Full reassessment of resident. Negotiated service agreement. Provision of outside services—Licensee’s duty of care/negligence. Quality assurance committee. Correction of violation/deficiency—Not included in facility report. Standards for small boarding homes—Study. Rule-making authority. Temporary management. Boarding home temporary management account. Withdrawal from medicaid program—Notice—Duties. Severability—1957 c 253. 18.20.010 Purpose. The purpose of this chapter is to provide for the development, establishment, and enforcement of standards for the maintenance and operation of boarding homes, which, in the light of advancing knowledge, will promote safe and adequate care of the individuals therein. It is further the intent of the legislature that boarding homes be available to meet the needs of those for whom they care by recognizing the capabilities of individuals to direct their selfmedication or to use supervised self-medication techniques when ordered and approved by a physician licensed under chapter 18.57 or 18.71 RCW or a podiatric physician and surgeon licensed under chapter 18.22 RCW. The legislature finds that many residents of communitybased long-term care facilities are vulnerable and their health and well-being are dependent on their caregivers. The quality, skills, and knowledge of their caregivers are often the key to good care. The legislature finds that the need for welltrained caregivers is growing as the state’s population ages and residents’ needs increase. The legislature intends that current training standards be enhanced. [2000 c 171 § 3; 2000 c 121 § 1; 1985 c 297 § 1; 1957 c 253 § 1.] 18.20.010 Reviser’s note: This section was amended by 2000 c 121 § 1 and by 2000 c 171 § 3, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). 18.20.020 Definitions. As used in this chapter: (1) "Boarding home" means any home or other institution, however named, which is advertised, announced, or maintained for the express or implied purpose of providing housing, basic services, and assuming general responsibility for the safety and well-being of the residents, and may also provide domiciliary care, consistent with chapter 142, Laws of 2004, to seven or more residents after July 1, 2000. However, a boarding home that is licensed for three to six residents prior to or on July 1, 2000, may maintain its boarding home license as long as it is continually licensed as a boarding home. "Boarding home" shall not include facilities certified as group training homes pursuant to RCW 71A.22.040, nor any home, institution or section thereof which is otherwise licensed and regulated under the provisions of state law providing specifically for the licensing and regulation of such home, institution or section thereof. Nor shall it include any independent senior housing, independent living units in continuing care retirement communities, or other similar living situations including those subsidized by the department of housing and urban development. 18.20.020 [Title 18 RCW—page 39] 18.20.020 Title 18 RCW: Businesses and Professions (2) "Basic services" means housekeeping services, meals, nutritious snacks, laundry, and activities. (3) "Person" means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof. (4) "Secretary" means the secretary of social and health services. (5) "Department" means the state department of social and health services. (6) "Resident’s representative" means a person designated voluntarily by a competent resident, in writing, to act in the resident’s behalf concerning the care and services provided by the boarding home and to receive information from the boarding home, if there is no legal representative. The resident’s competence shall be determined using the criteria in RCW 11.88.010(1)(e). The resident’s representative may not be affiliated with the licensee, boarding home, or management company, unless the affiliated person is a family member of the resident. The resident’s representative shall not have authority to act on behalf of the resident once the resident is no longer competent. (7) "Domiciliary care" means: Assistance with activities of daily living provided by the boarding home either directly or indirectly; or health support services, if provided directly or indirectly by the boarding home; or intermittent nursing services, if provided directly or indirectly by the boarding home. (8) "General responsibility for the safety and well-being of the resident" means the provision of the following: Prescribed general low sodium diets; prescribed general diabetic diets; prescribed mechanical soft foods; emergency assistance; monitoring of the resident; arranging health care appointments with outside health care providers and reminding residents of such appointments as necessary; coordinating health care services with outside health care providers consistent with RCW 18.20.380; assisting the resident to obtain and maintain glasses, hearing aids, dentures, canes, crutches, walkers, wheelchairs, and assistive communication devices; observation of the resident for changes in overall functioning; blood pressure checks as scheduled; responding appropriately when there are observable or reported changes in the resident’s physical, mental, or emotional functioning; or medication assistance as permitted under RCW 69.41.085 and as defined in RCW 69.41.010. (9) "Legal representative" means a person or persons identified in RCW 7.70.065 who may act on behalf of the resident pursuant to the scope of their legal authority. The legal representative shall not be affiliated with the licensee, boarding home, or management company, unless the affiliated person is a family member of the resident. (10) "Nonresident individual" means a person who resides in independent senior housing, independent living units in continuing care retirement communities, or in other similar living environments or in a boarding home and may receive one or more of the services listed in RCW 18.20.030(5). A nonresident individual may not receive domiciliary care, as defined in this chapter, directly or indirectly by the boarding home and may not receive the items and services listed in subsection (8) of this section, except during the time the person is receiving adult day services as defined in this section. [Title 18 RCW—page 40] (11) "Resident" means an individual who is not related by blood or marriage to the operator of the boarding home, and by reason of age or disability, chooses to reside in the boarding home and receives basic services and one or more of the services listed under general responsibility for the safety and well-being of the resident and may receive domiciliary care or respite care provided directly or indirectly by the boarding home and shall be permitted to receive hospice care through an outside service provider when arranged by the resident or the resident’s legal representative under RCW 18.20.380. (12) "Resident applicant" means an individual who is seeking admission to a licensed boarding home and who has completed and signed an application for admission, or such application for admission has been completed and signed in their behalf by their legal representative if any, and if not, then the designated representative if any. (13) "Adult day services" means care and services provided to a nonresident individual by the boarding home on the boarding home premises, for a period of time not to exceed ten continuous hours, and does not involve an overnight stay. [2006 c 242 § 1; 2004 c 142 § 1; 2003 c 231 § 2; 2000 c 47 § 1; 1998 c 272 § 14; 1991 c 3 § 34; 1989 c 329 § 1; 1985 c 213 § 4; 1979 c 141 § 25; 1957 c 253 § 2.] Severability—2006 c 242: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2006 c 242 § 4.] Effective dates—2004 c 142: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 26, 2004], except that sections 1 through 10 and 12 of this act take effect September 1, 2004." [2004 c 142 § 18.] Findings—2003 c 231: "The legislature finds and declares that, in keeping with the traditional concept of the dignity of the individual in our democratic society, the older citizens of this state and persons with disabilities are entitled to live in comfort, honor, and dignity in a manner that maximizes freedom and independence. The legislature further finds that licensed boarding homes are an essential component of home and community-based services, and that the noninstitutional nature of this care setting must be preserved and protected by ensuring a regulatory structure that focuses on the actual care and services provided to residents, consumer satisfaction, and continuous quality improvement. The legislature also finds that residents and consumers of services in licensed boarding homes should be encouraged to exercise maximum independence, and the legislature declares that the state’s rules for licensed boarding homes must also be designed to encourage individual dignity, autonomy, and choice. The legislature further finds that consumers should be afforded access to affordable long-term care services in licensed boarding homes, and believes that care delivery must remain responsive to consumer preferences. Residents and consumers in licensed boarding homes should be afforded the right to self-direct care, and this right should be reflected in the rules governing licensed boarding homes." [2003 c 231 § 1.] Effective date—2003 c 231: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 12, 2003]." [2003 c 231 § 12.] Effective date—2000 c 47: "This act takes effect July 1, 2000." [2000 c 47 § 11.] Findings—Severability—Effective date—1998 c 272: See notes following RCW 18.20.230. Savings—Effective date—1985 c 213: See notes following RCW 43.20.050. (2008 Ed.) Boarding Homes 18.20.030 License required. (1) After January 1, 1958, no person shall operate or maintain a boarding home as defined in this chapter within this state without a license under this chapter. (2) A boarding home license is not required for the housing, or services, that are customarily provided under landlord tenant agreements governed by the residential landlord-tenant act, chapter 59.18 RCW, or when housing nonresident individuals who, without ongoing assistance from the boarding home, initiate and arrange for services provided by persons other than the boarding home licensee or the licensee’s contractor. This subsection does not prohibit the licensee from furnishing written information concerning available community resources to the nonresident individual or the individual’s family members or legal representatives. The licensee may not require the use of any particular service provider. (3) Residents receiving domiciliary care, directly or indirectly by the boarding home, are not considered nonresident individuals for the purposes of this section. (4) A boarding home license is required when any person other than an outside service provider, under RCW 18.20.380, or family member: (a) Assumes general responsibility for the safety and well-being of a resident; (b) Provides assistance with activities of daily living, either directly or indirectly; (c) Provides health support services, either directly or indirectly; or (d) Provides intermittent nursing services, either directly or indirectly. (5) A boarding home license is not required for one or more of the following services that may be provided to a nonresident individual: (a) Emergency assistance provided on an intermittent or nonroutine basis to any nonresident individual; (b) systems employed by independent senior housing, or independent living units in continuing care retirement communities, to respond to the potential need for emergency services for nonresident individuals; (c) infrequent, voluntary, and nonscheduled blood pressure checks for nonresident individuals; (d) nurse referral services provided at the request of a nonresident individual to determine whether referral to an outside health care provider is recommended; (e) making health care appointments at the request of nonresident individuals; (f) preadmission assessment, at the request of the nonresident individual, for the purposes of transitioning to a licensed care setting; or (g) services customarily provided under landlord tenant agreements governed by the residential landlord-tenant act, chapter 59.18 RCW. The preceding services may not include continual care or supervision of a nonresident individual without a boarding home license. [2004 c 142 § 17; 2003 c 231 § 3; 1957 c 253 § 3.] 18.20.030 Effective dates—2004 c 142: See note following RCW 18.20.020. Findings—Effective date—2003 c 231: See notes following RCW 18.20.020. 18.20.040 Application for license. An application for a license shall be made to the department upon forms provided by the department and shall contain such information as the department reasonably requires, which shall include affirmative evidence of ability to comply with such rules as are law18.20.040 (2008 Ed.) 18.20.050 fully adopted by the department. [2000 c 47 § 2; 1957 c 253 § 4.] Effective date—2000 c 47: See note following RCW 18.20.020. 18.20.050 18.20.050 Licenses—Issuance—Renewal—Provisional licenses—Fees—Display—Surrender, relinquishment—Change in licensee—Refusal of renewal, when— Copy of decision. (1) Upon receipt of an application for license, if the applicant and the boarding home facilities meet the requirements established under this chapter, the department shall issue a license. If there is a failure to comply with the provisions of this chapter or the standards and rules adopted pursuant thereto, the department may in its discretion issue to an applicant for a license, or for the renewal of a license, a provisional license which will permit the operation of the boarding home for a period to be determined by the department, but not to exceed twelve months, which provisional license shall not be subject to renewal. The department may also place conditions on the license under RCW 18.20.190. At the time of the application for or renewal of a license or provisional license the licensee shall pay a license fee as established by the department under RCW 43.20B.110. All licenses issued under the provisions of this chapter shall expire on a date to be set by the department, but no license issued pursuant to this chapter shall exceed twelve months in duration. However, when the annual license renewal date of a previously licensed boarding home is set by the department on a date less than twelve months prior to the expiration date of a license in effect at the time of reissuance, the license fee shall be prorated on a monthly basis and a credit be allowed at the first renewal of a license for any period of one month or more covered by the previous license. All applications for renewal of a license shall be made not later than thirty days prior to the date of expiration of the license. Each license shall be issued only for the premises and persons named in the application, and no license shall be transferable or assignable. Licenses shall be posted in a conspicuous place on the licensed premises. (2) A licensee who receives notification of the department’s initiation of a denial, suspension, nonrenewal, or revocation of a boarding home license may, in lieu of appealing the department’s action, surrender or relinquish the license. The department shall not issue a new license to or contract with the licensee, for the purposes of providing care to vulnerable adults or children, for a period of twenty years following the surrendering or relinquishment of the former license. The licensing record shall indicate that the licensee relinquished or surrendered the license, without admitting the violations, after receiving notice of the department’s initiation of a denial, suspension, nonrenewal, or revocation of a license. (3) The department shall establish, by rule, the circumstances requiring a change in licensee, which include, but are not limited to, a change in ownership or control of the boarding home or licensee, a change in the licensee’s form of legal organization, such as from sole proprietorship to partnership or corporation, and a dissolution or merger of the licensed entity with another legal organization. The new licensee is subject to the provisions of this chapter, the rules adopted under this chapter, and other applicable law. In order to [Title 18 RCW—page 41] 18.20.090 Title 18 RCW: Businesses and Professions ensure that the safety of residents is not compromised by a change in licensee, the new licensee is responsible for correction of all violations that may exist at the time of the new license. (4) The department may deny, suspend, modify, revoke, or refuse to renew a license when the department finds that the applicant or licensee or any partner, officer, director, managerial employee, or majority owner of the applicant or licensee: (a) Operated a boarding home without a license or under a revoked or suspended license; or (b) Knowingly or with reason to know made a false statement of a material fact (i) in an application for license or any data attached to the application, or (ii) in any matter under investigation by the department; or (c) Refused to allow representatives or agents of the department to inspect (i) the books, records, and files required to be maintained, or (ii) any portion of the premises of the boarding home; or (d) Willfully prevented, interfered with, or attempted to impede in any way (i) the work of any authorized representative of the department, or (ii) the lawful enforcement of any provision of this chapter; or (e) Has a history of significant noncompliance with federal or state regulations in providing care or services to vulnerable adults or children. In deciding whether to deny, suspend, modify, revoke, or refuse to renew a license under this section, the factors the department considers shall include the gravity and frequency of the noncompliance. (5) The department shall serve upon the applicant a copy of the decision granting or denying an application for a license. An applicant shall have the right to contest denial of his or her application for a license as provided in chapter 34.05 RCW by requesting a hearing in writing within twentyeight days after receipt of the notice of denial. [2004 c 140 § 1; 2003 c 231 § 4; 2001 c 193 § 10; 2000 c 47 § 3; 1987 c 75 § 3; 1982 c 201 § 4; 1971 ex.s. c 247 § 1; 1957 c 253 § 5.] Findings—Effective date—2003 c 231: See notes following RCW 18.20.020. Effective date—2000 c 47: See note following RCW 18.20.020. Savings—Severability—1987 c 75: See RCW 43.20B.900 and 43.20B.901. 18.20.090 Rules, regulations, and standards. The department shall adopt, amend, and promulgate such rules, regulations, and standards with respect to all boarding homes and operators thereof to be licensed hereunder as may be designed to further the accomplishment of the purposes of this chapter in promoting safe and adequate care of individuals in boarding homes and the sanitary, hygienic and safe conditions of the boarding home in the interest of public health, safety, and welfare. [1985 c 213 § 6; 1971 ex.s. c 189 § 3; 1957 c 253 § 9.] 18.20.090 Savings—Effective date—1985 c 213: See notes following RCW 43.20.050. 18.20.110 Inspection of boarding homes—Approval of changes or new facilities. The department shall make or cause to be made, at least every eighteen months with an annual average of fifteen months, an inspection and investigation of all boarding homes. However, the department may 18.20.110 [Title 18 RCW—page 42] delay an inspection to twenty-four months if the boarding home has had three consecutive inspections with no written notice of violations and has received no written notice of violations resulting from complaint investigation during that same time period. The department may at anytime make an unannounced inspection of a licensed home to assure that the licensee is in compliance with this chapter and the rules adopted under this chapter. Every inspection shall focus primarily on actual or potential resident outcomes, and may include an inspection of every part of the premises and an examination of all records, methods of administration, the general and special dietary, and the stores and methods of supply; however, the department shall not have access to financial records or to other records or reports described in RCW 18.20.390. Financial records of the boarding home may be examined when the department has reasonable cause to believe that a financial obligation related to resident care or services will not be met, such as a complaint that staff wages or utility costs have not been paid, or when necessary for the department to investigate alleged financial exploitation of a resident. Following such an inspection or inspections, written notice of any violation of this law or the rules adopted hereunder shall be given to the applicant or licensee and the department. The department may prescribe by rule that any licensee or applicant desiring to make specified types of alterations or additions to its facilities or to construct new facilities shall, before commencing such alteration, addition, or new construction, submit plans and specifications therefor to the agencies responsible for plan reviews for preliminary inspection and approval or recommendations with respect to compliance with the rules and standards herein authorized. [2004 c 144 § 3; 2003 c 280 § 1; 2000 c 47 § 4; 1985 c 213 § 7; 1957 c 253 § 11.] Finding—Effective date—2004 c 144: See notes following RCW 18.20.390. Effective date—2000 c 47: See note following RCW 18.20.020. Savings—Effective date—1985 c 213: See notes following RCW 43.20.050. 18.20.115 Quality improvement consultation program—Principles. The department shall, within available funding for this purpose, develop and make available to boarding homes a quality improvement consultation program using the following principles: (1) The system shall be resident-centered and promote privacy, independence, dignity, choice, and a home or homelike environment for residents consistent with chapter 70.129 RCW. (2) The goal of the system is continuous quality improvement with the focus on resident satisfaction and outcomes for residents. The quality improvement consultation program shall be offered to boarding homes on a voluntary basis. Based on requests for the services of the quality improvement consultation program, the department may establish a process for prioritizing service availability. (3) Boarding homes should be supported in their efforts to improve quality and address problems, as identified by the licensee, initially through training, consultation, and technical assistance. At a minimum, the department may, within available funding, at the request of the boarding home, conduct on-site visits and telephone consultations. 18.20.115 (2008 Ed.) Boarding Homes (4) To facilitate collaboration and trust between the boarding homes and the department’s quality improvement consultation program staff, the consultation program staff shall not simultaneously serve as department licensors, complaint investigators, or participate in any enforcement-related decisions, within the region in which they perform consultation activities; except such staff may investigate on an emergency basis, complaints anywhere in the state when the complaint indicates high risk to resident health or safety. Any records or information gained as a result of their work under the quality improvement consultation program shall not be disclosed to or shared with nonmanagerial department licensing or complaint investigation staff, unless necessary to carry out duties described under chapter 74.34 RCW. The emphasis should be on problem prevention. Nothing in this section shall limit or interfere with the consultant’s mandated reporting duties under chapter 74.34 RCW. (5) The department shall promote the development of a training system that is practical and relevant to the needs of residents and staff. To improve access to training, especially for rural communities, the training system may include, but is not limited to, the use of satellite technology distance learning that is coordinated through community colleges or other appropriate organizations. [2001 c 85 § 1; 1997 c 392 § 213.] Effective date—2001 c 85: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 19, 2001]." [2001 c 85 § 3.] Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009. 18.20.125 Inspections—Enforcement remedies— Screening—Access to vulnerable adults/limitation. (1) Inspections must be outcome based and responsive to resident complaints and based on a clear set of health, quality of care, and safety standards that are easily understandable and have been made available to facilities, residents, and other interested parties. This includes that when conducting licensing inspections, the department shall interview an appropriate percentage of residents, family members, and advocates in addition to interviewing appropriate staff. (2) Prompt and specific enforcement remedies shall also be implemented without delay, consistent with RCW 18.20.190, for facilities found to have delivered care or failed to deliver care resulting in problems that are serious, recurring, or uncorrected, or that create a hazard that is causing or likely to cause death or serious harm to one or more residents. These enforcement remedies may also include, when appropriate, reasonable conditions on a license. In the selection of remedies, the safety, health, and well-being of residents shall be of paramount importance. (3) To the extent funding is available, the licensee, administrator, and their staff should be screened through background checks in a uniform and timely manner to ensure that they do not have a criminal history that would disqualify them from working with vulnerable adults. Employees may be provisionally hired pending the results of the background check if they have been given three positive references. (4) No licensee, administrator, or staff, or prospective licensee, administrator, or staff, with a stipulated finding of 18.20.125 (2008 Ed.) 18.20.130 fact, conclusion of law, and agreed order, or finding of fact, conclusion of law, or final order issued by a disciplining authority, a court of law, or entered into the state registry finding him or her guilty of abuse, neglect, exploitation, or abandonment of a minor or a vulnerable adult as defined in chapter 74.34 RCW shall be employed in the care of and have unsupervised access to vulnerable adults. [2004 c 140 § 4; 2003 c 231 § 5; 2001 c 85 § 2.] Findings—Effective date—2003 c 231: See notes following RCW 18.20.020. Effective date—2001 c 85: See note following RCW 18.20.115. 18.20.130 Fire protection—Duties of chief of the Washington state patrol. Standards for fire protection and the enforcement thereof, with respect to all boarding homes to be licensed hereunder, shall be the responsibility of the chief of the Washington state patrol, through the director of fire protection, who shall adopt such recognized standards as may be applicable to boarding homes for the protection of life against the cause and spread of fire and fire hazards. The department, upon receipt of an application for a license, shall submit to the chief of the Washington state patrol, through the director of fire protection, in writing, a request for an inspection, giving the applicant’s name and the location of the premises to be licensed. Upon receipt of such a request, the chief of the Washington state patrol, through the director of fire protection, or his or her deputy, shall make an inspection of the boarding home to be licensed, and if it is found that the premises do not comply with the required safety standards and fire rules as adopted by the chief of the Washington state patrol, through the director of fire protection, he or she shall promptly make a written report to the boarding home and the department as to the manner and time allowed in which the premises must qualify for a license and set forth the conditions to be remedied with respect to fire rules. The department, applicant, or licensee shall notify the chief of the Washington state patrol, through the director of fire protection, upon completion of any requirements made by him or her, and the chief of the Washington state patrol, through the director of fire protection, or his or her deputy, shall make a reinspection of such premises. Whenever the boarding home to be licensed meets with the approval of the chief of the Washington state patrol, through the director of fire protection, he or she shall submit to the department a written report approving same with respect to fire protection before a full license can be issued. The chief of the Washington state patrol, through the director of fire protection, shall make or cause to be made inspections of such homes at least annually. In cities which have in force a comprehensive building code, the provisions of which are determined by the chief of the Washington state patrol, through the director of fire protection, to be equal to the minimum standards of the code for boarding homes adopted by the chief of the Washington state patrol, through the director of fire protection, the chief of the fire department, provided the latter is a paid chief of a paid fire department, shall make the inspection with the chief of the Washington state patrol, through the director of fire protection, or his or her deputy, and they shall jointly approve the premises before a full license can be issued. [2000 c 47 § 6; 1995 c 369 § 4; 1986 c 266 § 81; 1957 c 253 § 13.] 18.20.130 Effective date—2000 c 47: See note following RCW 18.20.020. [Title 18 RCW—page 43] 18.20.140 Title 18 RCW: Businesses and Professions Effective date—1995 c 369: See note following RCW 43.43.930. Severability—1986 c 266: See note following RCW 38.52.005. State fire protection: Chapter 43.44 RCW. 18.20.140 Operating without license—Penalty. Any person operating or maintaining any boarding home without a license under this chapter shall be guilty of a misdemeanor and each day of a continuing violation shall be considered a separate offense. [1957 c 253 § 14.] 18.20.140 18.20.150 Operating without license—Injunction. Notwithstanding the existence or use of any other remedy, the department, may, in the manner provided by law, upon the advice of the attorney general who shall represent the department in the proceedings, maintain an action in the name of the state for an injunction or other process against any person to restrain or prevent the operation or maintenance of a boarding home without a license under this chapter. [1957 c 253 § 15.] 18.20.150 18.20.160 Persons requiring medical or nursing care. No person operating a boarding home licensed under this chapter shall admit to or retain in the boarding home any aged person requiring nursing or medical care of a type provided by institutions licensed under chapters 18.51, 70.41 or 71.12 RCW, except that when registered nurses are available, and upon a doctor’s order that a supervised medication service is needed, it may be provided. Supervised medication services, as defined by the department and consistent with chapters 69.41 and 18.79 RCW, may include an approved program of self-medication or self-directed medication. Such medication service shall be provided only to residents who otherwise meet all requirements for residency in a boarding home. No boarding home shall admit or retain a person who requires the frequent presence and frequent evaluation of a registered nurse, excluding persons who are receiving hospice care or persons who have a short-term illness that is expected to be resolved within fourteen days. [2004 c 142 § 12; 1985 c 297 § 2; 1975 1st ex.s. c 43 § 1; 1957 c 253 § 16.] 18.20.160 Effective dates—2004 c 142: See note following RCW 18.20.020. 18.20.170 Homes operated by religious organizations. Nothing in this chapter or the rules and regulations adopted pursuant thereto shall be construed as authorizing the supervision, regulation, or control of the remedial care or treatment of residents in any boarding home conducted for those who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well-recognized church or religious denomination. [1957 c 253 § 17.] 18.20.170 18.20.180 Resident rights. RCW 70.129.005 through 70.129.030, 70.129.040(1), and 70.129.050 through 70.129.170 apply to this chapter and persons regulated under this chapter. [1994 c 214 § 21.] 18.20.180 Severability—Conflict with federal requirements—Captions not law—1994 c 214: See RCW 70.129.900 through 70.129.902. 18.20.185 Complaints—Toll-free telephone number—Investigation and referral—Rules—Retaliation prohibited. (1) The department shall establish and maintain 18.20.185 [Title 18 RCW—page 44] a toll-free telephone number for receiving complaints regarding a facility that the department licenses. (2) All facilities that are licensed under this chapter shall post in a place and manner clearly visible to residents and visitors the department’s toll-free complaint telephone number and the toll-free number and program description of the longterm care ombudsman as provided by RCW 43.190.050. (3) The department shall investigate complaints if the subject of the complaint is within its authority unless the department determines that: (a) The complaint is intended to willfully harass a licensee or employee of the licensee; or (b) there is no reasonable basis for investigation; or (c) corrective action has been taken as determined by the ombudsman or the department. (4) The department shall refer complaints to appropriate state agencies, law enforcement agencies, the attorney general, the long-term care ombudsman, or other entities if the department lacks authority to investigate or if its investigation reveals that a follow-up referral to one or more of these entities is appropriate. (5) The department shall adopt rules that include the following complaint investigation protocols: (a) Upon receipt of a complaint, the department shall make a preliminary review of the complaint, assess the severity of the complaint, and assign an appropriate response time. Complaints involving imminent danger to the health, safety, or well-being of a resident must be responded to within two days. When appropriate, the department shall make an on-site investigation within a reasonable time after receipt of the complaint or otherwise ensure that complaints are responded to. (b) The complainant must be: Promptly contacted by the department, unless anonymous or unavailable despite several attempts by the department, and informed of the right to discuss alleged violations with the inspector and to provide other information the complainant believes will assist the inspector; informed of the department’s course of action; and informed of the right to receive a written copy of the investigation report. (c) In conducting the investigation, the department shall interview the complainant, unless anonymous, and shall use its best efforts to interview the resident or residents allegedly harmed by the violations, and, in addition to facility staff, any available independent sources of relevant information, including if appropriate the family members of the resident. (d) Substantiated complaints involving harm to a resident, if an applicable law or regulation has been violated, shall be subject to one or more of the actions provided in RCW 18.20.190. Whenever appropriate, the department shall also give consultation and technical assistance to the facility. (e) After a department finding of a violation for which a stop placement has been imposed, the department shall make an on-site revisit of the provider within fifteen working days from the request for revisit, to ensure correction of the violation. For violations that are serious or recurring or uncorrected following a previous citation, and create actual or threatened harm to one or more residents’ well-being, including violations of residents’ rights, the department shall make an on-site revisit as soon as appropriate to ensure correction of the violation. Verification of correction of all other violations may be made by either a department on-site revisit or by (2008 Ed.) Boarding Homes written or photographic documentation found by the department to be credible. This subsection does not prevent the department from enforcing license suspensions or revocations. Nothing in this subsection shall interfere with or diminish the department’s authority and duty to ensure that the provider adequately cares for residents, including to make departmental on-site revisits as needed to ensure that the provider protects residents, and to enforce compliance with this chapter. (f) Substantiated complaints of neglect, abuse, exploitation, or abandonment of residents, or suspected criminal violations, shall also be referred by the department to the appropriate law enforcement agencies, the attorney general, and appropriate professional disciplining authority. (6) The department may provide the substance of the complaint to the licensee before the completion of the investigation by the department unless such disclosure would reveal the identity of a complainant, witness, or resident who chooses to remain anonymous. Neither the substance of the complaint provided to the licensee or contractor nor any copy of the complaint or related report published, released, or made otherwise available shall disclose, or reasonably lead to the disclosure of, the name, title, or identity of any complainant, or other person mentioned in the complaint, except that the name of the provider and the name or names of any officer, employee, or agent of the department conducting the investigation shall be disclosed after the investigation has been closed and the complaint has been substantiated. The department may disclose the identity of the complainant if such disclosure is requested in writing by the complainant. Nothing in this subsection shall be construed to interfere with the obligation of the long-term care ombudsman program to monitor the department’s licensing, contract, and complaint investigation files for long-term care facilities. (7) The resident has the right to be free of interference, coercion, discrimination, and reprisal from a facility in exercising his or her rights, including the right to voice grievances about treatment furnished or not furnished. A facility licensed under this chapter shall not discriminate or retaliate in any manner against a resident, employee, or any other person on the basis or for the reason that such resident or any other person made a complaint to the department, the attorney general, law enforcement agencies, or the long-term care ombudsman, provided information, or otherwise cooperated with the investigation of such a complaint. Any attempt to discharge a resident against the resident’s wishes, or any type of retaliatory treatment of a resident by whom or upon whose behalf a complaint substantiated by the department has been made to the department, the attorney general, law enforcement agencies, or the long-term care ombudsman, within one year of the filing of the complaint, raises a rebuttable presumption that such action was in retaliation for the filing of the complaint. "Retaliatory treatment" means, but is not limited to, monitoring a resident’s phone, mail, or visits; involuntary seclusion or isolation; transferring a resident to a different room unless requested or based upon legitimate management reasons; withholding or threatening to withhold food or treatment unless authorized by a terminally ill resident or his or her representative pursuant to law; or persistently delaying responses to a resident’s request for service or assistance. A facility licensed under this chapter shall not willfully inter(2008 Ed.) 18.20.190 fere with the performance of official duties by a long-term care ombudsman. The department shall sanction and may impose a civil penalty of not more than three thousand dollars for a violation of this subsection. [2001 c 193 § 2; 1997 c 392 § 214.] Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009. 18.20.190 Department response to noncompliance or violations. (1) The department of social and health services is authorized to take one or more of the actions listed in subsection (2) of this section in any case in which the department finds that a boarding home provider has: (a) Failed or refused to comply with the requirements of this chapter or the rules adopted under this chapter; (b) Operated a boarding home without a license or under a revoked license; (c) Knowingly, or with reason to know, made a false statement of material fact on his or her application for license or any data attached thereto, or in any matter under investigation by the department; or (d) Willfully prevented or interfered with any inspection or investigation by the department. (2) When authorized by subsection (1) of this section, the department may take one or more of the following actions: (a) Refuse to issue a license; (b) Impose reasonable conditions on a license, such as correction within a specified time, training, and limits on the type of clients the provider may admit or serve; (c) Impose civil penalties of not more than one hundred dollars per day per violation; (d) Suspend, revoke, or refuse to renew a license; (e) Suspend admissions to the boarding home by imposing stop placement; or (f) Suspend admission of a specific category or categories of residents as related to the violation by imposing a limited stop placement. (3) When the department orders stop placement or a limited stop placement, the facility shall not admit any new resident until the stop placement or limited stop placement order is terminated. The department may approve readmission of a resident to the facility from a hospital or nursing home during the stop placement or limited stop placement. The department shall terminate the stop placement or limited stop placement when: (a) The violations necessitating the stop placement or limited stop placement have been corrected; and (b) the provider exhibits the capacity to maintain correction of the violations previously found deficient. However, if upon the revisit the department finds new violations that the department reasonably believes will result in a new stop placement or new limited stop placement, the previous stop placement or limited stop placement shall remain in effect until the new stop placement or new limited stop placement is imposed. (4) After a department finding of a violation for which a stop placement or limited stop placement has been imposed, the department shall make an on-site revisit of the provider within fifteen working days from the request for revisit, to ensure correction of the violation. For violations that are serious or recurring or uncorrected following a previous cita18.20.190 [Title 18 RCW—page 45] 18.20.195 Title 18 RCW: Businesses and Professions tion, and create actual or threatened harm to one or more residents’ well-being, including violations of residents’ rights, the department shall make an on-site revisit as soon as appropriate to ensure correction of the violation. Verification of correction of all other violations may be made by either a department on-site revisit or by written or photographic documentation found by the department to be credible. This subsection does not prevent the department from enforcing license suspensions or revocations. Nothing in this subsection shall interfere with or diminish the department’s authority and duty to ensure that the provider adequately cares for residents, including to make departmental on-site revisits as needed to ensure that the provider protects residents, and to enforce compliance with this chapter. (5) RCW 43.20A.205 governs notice of a license denial, revocation, suspension, or modification. Chapter 34.05 RCW applies to department actions under this section, except that orders of the department imposing license suspension, stop placement, limited stop placement, or conditions for continuation of a license are effective immediately upon notice and shall continue pending any hearing. (6) For the purposes of this section, "limited stop placement" means the ability to suspend admission of a specific category or categories of residents. [2003 c 231 § 6; 2001 c 193 § 4; 2000 c 47 § 7; 1998 c 272 § 15; 1995 1st sp.s. c 18 § 18.] Findings—Effective date—2003 c 231: See notes following RCW 18.20.020. Effective date—2000 c 47: See note following RCW 18.20.020. Findings—Severability—Effective date—1998 c 272: See notes following RCW 18.20.230. Conflict with federal requirements—Severability—Effective date— 1995 1st sp.s. c 18: See notes following RCW 74.39A.030. 18.20.195 Disputed violations, enforcement remedies—Informal dispute resolution process. (1) The licensee or its designee has the right to an informal dispute resolution process to dispute any violation found or enforcement remedy imposed by the department during a licensing inspection or complaint investigation. The purpose of the informal dispute resolution process is to provide an opportunity for an exchange of information that may lead to the modification, deletion, or removal of a violation, or parts of a violation, or enforcement remedy imposed by the department. (2) The informal dispute resolution process provided by the department shall include, but is not necessarily limited to, an opportunity for review by a department employee who did not participate in, or oversee, the determination of the violation or enforcement remedy under dispute. The department shall develop, or further develop, an informal dispute resolution process consistent with this section. (3) A request for an informal dispute resolution shall be made to the department within ten working days from the receipt of a written finding of a violation or enforcement remedy. The request shall identify the violation or violations and enforcement remedy or remedies being disputed. The department shall convene a meeting, when possible, within ten working days of receipt of the request for informal dispute resolution, unless by mutual agreement a later date is agreed upon. 18.20.195 [Title 18 RCW—page 46] (4) If the department determines that a violation or enforcement remedy should not be cited or imposed, the department shall delete the violation or immediately rescind or modify the enforcement remedy. If the department determines that a violation should have been cited under a different more appropriate regulation, the department shall revise the report, statement of deficiencies, or enforcement remedy accordingly. Upon request, the department shall issue a clean copy of the revised report, statement of deficiencies, or notice of enforcement action. (5) The request for informal dispute resolution does not delay the effective date of any enforcement remedy imposed by the department, except that civil monetary fines are not payable until the exhaustion of any formal hearing and appeal rights provided under this chapter. The licensee shall submit to the department, within the time period prescribed by the department, a plan of correction to address any undisputed violations, and including any violations that still remain following the informal dispute resolution. [2005 c 506 § 1; 2004 c 140 § 5; 2001 c 193 § 7.] 18.20.200 18.20.200 License suspension—Nonpayment or default on educational loan or scholarship. The secretary shall suspend the license of any person who has been certified by a lending agency and reported to the secretary for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person’s license shall not be reissued until the person provides the secretary a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the secretary may impose. [1996 c 293 § 6.] Severability—1996 c 293: See note following RCW 18.04.420. 18.20.210 18.20.210 License suspension—Noncompliance with support order—Reissuance. The department shall immediately suspend the license of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department’s receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order. [1997 c 58 § 816.] *Reviser’s note: 1997 c 58 § 887 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320. (2008 Ed.) Boarding Homes Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 18.20.220 Residential care contracted services, conversion to—Requirements. For the purpose of encouraging a nursing home licensed under chapter 18.51 RCW to convert a portion or all of its licensed bed capacity to provide enhanced adult residential care contracted services under chapter 74.39A RCW, the department shall: (1) Find the nursing home to be in satisfactory compliance with RCW 18.20.110 and 18.20.130, upon application for boarding home licensure and the production of copies of its most recent nursing home inspection reports demonstrating compliance with the safety standards and fire regulations, as required by RCW 18.51.140, and the state building code, as required by RCW 18.51.145, including any waivers that may have been granted. However, boarding home licensure requirements pertaining to resident to bathing fixture/toilet ratio, corridor call system, resident room door closures, and resident room windows may require modification, unless determined to be functionally equivalent, based upon a prelicensure survey inspection. (2) Allow residents receiving enhanced adult residential care services to make arrangements for on-site health care services, consistent with Title 18 RCW regulating health care professions, to the extent that such services can be provided while maintaining the resident’s right to privacy and safety in treatment, but this in no way means that such services may only be provided in a private room. The provision of on-site health care services must otherwise be consistent with RCW 18.20.160 and the rules adopted under RCW 18.20.160. [1997 c 164 § 1.] 18.20.220 18.20.230 Training standards review—Proposed enhancements. (1) The department of social and health services shall review, in coordination with the department of health, the nursing care quality assurance commission, adult family home providers, boarding home providers, in-home personal care providers, and long-term care consumers and advocates, training standards for administrators and resident caregiving staff. Any proposed enhancements shall be consistent with this section, shall take into account and not duplicate other training requirements applicable to boarding homes and staff, and shall be developed with the input of boarding home and resident representatives, health care professionals, and other vested interest groups. Training standards and the delivery system shall be relevant to the needs of residents served by the boarding home and recipients of longterm in-home personal care services and shall be sufficient to ensure that administrators and caregiving staff have the skills and knowledge necessary to provide high quality, appropriate care. (2) The recommendations on training standards and the delivery system developed under subsection (1) of this section shall be based on a review and consideration of the following: Quality of care; availability of training; affordability, including the training costs incurred by the department of 18.20.230 (2008 Ed.) 18.20.260 social and health services and private providers; portability of existing training requirements; competency testing; practical and clinical course work; methods of delivery of training; standards for management and caregiving staff training; and necessary enhancements for special needs populations and resident rights training. Residents with special needs include, but are not limited to, residents with a diagnosis of mental illness, dementia, or developmental disability. [1999 c 372 § 3; 1998 c 272 § 2.] Findings—1998 c 272: "The legislature finds that many residents of long-term care facilities and recipients of in-home personal care services are exceptionally vulnerable and their health and well-being are heavily dependent on their caregivers. The legislature further finds that the quality of staff in long-term care facilities is often the key to good care. The need for welltrained staff and well-managed facilities is growing as the state’s population ages and the acuity of the health care problems of residents increases. In order to better protect and care for residents, the legislature directs that the minimum training standards be reviewed for management and caregiving staff, including those serving residents with special needs, such as mental illness, dementia, or a developmental disability, that management and caregiving staff receive appropriate training, and that the training delivery system be improved." [1998 c 272 § 1.] Severability—1998 c 272: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1998 c 272 § 25.] Effective date—1998 c 272: "Except for section 5 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 1, 1998]." [1998 c 272 § 26.] 18.20.250 Federal funding programs, opportunities—Secretary’s duty to comply. The secretary may adopt rules and policies as necessary to entitle the state to participate in federal funding programs and opportunities and to facilitate state and federal cooperation in programs under the department’s jurisdiction. The secretary shall ensure that any internal reorganization carried out under the terms of this chapter complies with prerequisites for the receipt of federal funding for the various programs under the department’s control. When interpreting any department-related section or provision of law susceptible to more than one interpretation, the secretary shall construe that section or provision in the manner most likely to comply with federal laws and rules entitling the state to receive federal funds for the various programs of the department. If any law or rule dealing with the department is ruled to be in conflict with federal prerequisites to the allocation of federal funding to the state, the department, or its agencies, the secretary shall declare that law or rule inoperative solely to the extent of the conflict. [1998 c 272 § 16.] 18.20.250 Findings—Severability—Effective date—1998 c 272: See notes following RCW 18.20.230. 18.20.260 Advisory board. (1) In an effort to ensure a cooperative process among the department, boarding home provider representatives, and resident and family representatives on matters pertaining to the boarding home program, the secretary, or his or her designee, shall designate an advisory board. The advisory board must include representatives of the statewide boarding home associations, the state long-term care ombudsman program, the statewide resident council program, consumers, and family representatives. Depending on the topic to be discussed, the department may invite other 18.20.260 [Title 18 RCW—page 47] 18.20.270 Title 18 RCW: Businesses and Professions representatives in addition to the named members of the advisory board. The secretary, or his or her designee, shall periodically, but not less than quarterly, convene a meeting of the advisory board to encourage open dialogue on matters affecting the boarding home program. It is, minimally, expected that the department will discuss with the advisory board the department’s inspection, enforcement, and quality improvement activities, in addition to seeking their comments and recommendations on matters described under subsection (2) of this section. (2) The secretary, or his or her designee, shall seek comments and recommendations from the advisory board prior to the adoption of rules and standards, implementation of boarding home provider programs, or development of methods and rates of payment. (3) For the purpose of implementing this section, "department" means either the department of health or the department of social and health services, depending on which department has the licensing authority under this chapter. [2000 c 47 § 8.] Effective date—2000 c 47: See note following RCW 18.20.020. 18.20.270 Long-term caregiver training. (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Caregiver" includes any person who provides residents with hands-on personal care on behalf of a boarding home, except volunteers who are directly supervised. (b) "Direct supervision" means oversight by a person who has demonstrated competency in the core areas or has been fully exempted from the training requirements pursuant to this section, is on the premises, and is quickly and easily available to the caregiver. (2) Training must have the following components: Orientation, basic training, specialty training as appropriate, and continuing education. All boarding home employees or volunteers who routinely interact with residents shall complete orientation. Boarding home administrators, or their designees, and caregivers shall complete orientation, basic training, specialty training as appropriate, and continuing education. (3) Orientation consists of introductory information on residents’ rights, communication skills, fire and life safety, and universal precautions. Orientation must be provided at the facility by appropriate boarding home staff to all boarding home employees before the employees have routine interaction with residents. (4) Basic training consists of modules on the core knowledge and skills that caregivers need to learn and understand to effectively and safely provide care to residents. Basic training must be outcome-based, and the effectiveness of the basic training must be measured by demonstrated competency in the core areas through the use of a competency test. Basic training must be completed by caregivers within one hundred twenty days of the date on which they begin to provide hands-on care or within one hundred twenty days of September 1, 2002, whichever is later. Until competency in the core areas has been demonstrated, caregivers shall not provide hands-on personal care to residents without direct supervision. Boarding home administrators, or their designees, must 18.20.270 [Title 18 RCW—page 48] complete basic training and demonstrate competency within one hundred twenty days of employment or within one hundred twenty days of September 1, 2002, whichever is later. (5) For boarding homes that serve residents with special needs such as dementia, developmental disabilities, or mental illness, specialty training is required of administrators, or designees, and caregivers. Specialty training consists of modules on the core knowledge and skills that caregivers need to effectively and safely provide care to residents with special needs. Specialty training should be integrated into basic training wherever appropriate. Specialty training must be outcome-based, and the effectiveness of the specialty training measured by demonstrated competency in the core specialty areas through the use of a competency test. Specialty training must be completed by caregivers within one hundred twenty days of the date on which they begin to provide hands-on care to a resident having special needs or within one hundred twenty days of September 1, 2002, whichever is later. However, if specialty training is not integrated with basic training, the specialty training must be completed within ninety days of completion of basic training. Until competency in the core specialty areas has been demonstrated, caregivers shall not provide hands-on personal care to residents with special needs without direct supervision. Boarding home administrators, or their designees, must complete specialty training and demonstrate competency within one hundred twenty days of September 1, 2002, or one hundred twenty days from the date on which the administrator or his or her designee is hired, whichever is later, if the boarding home serves one or more residents with special needs. (6) Continuing education consists of ongoing delivery of information to caregivers on various topics relevant to the care setting and care needs of residents. Competency testing is not required for continuing education. Continuing education is not required in the same calendar year in which basic or modified basic training is successfully completed. Continuing education is required in each calendar year thereafter. If specialty training is completed, the specialty training applies toward any continuing education requirement for up to two years following the completion of the specialty training. (7) Persons who successfully challenge the competency test for basic training are fully exempt from the basic training requirements of this section. Persons who successfully challenge the specialty training competency test are fully exempt from the specialty training requirements of this section. (8) Licensed persons who perform the tasks for which they are licensed are fully or partially exempt from the training requirements of this section, as specified by the department in rule. (9) In an effort to improve access to training and education and reduce costs, especially for rural communities, the coordinated system of long-term care training and education must include the use of innovative types of learning strategies such as internet resources, videotapes, and distance learning using satellite technology coordinated through community colleges or other entities, as defined by the department. (10) The department shall develop criteria for the approval of orientation, basic training, and specialty training programs. (2008 Ed.) Boarding Homes (11) Boarding homes that desire to deliver facility-based training with facility designated trainers, or boarding homes that desire to pool their resources to create shared training systems, must be encouraged by the department in their efforts. The department shall develop criteria for reviewing and approving trainers and training materials that are substantially similar to or better than the materials developed by the department. The department may approve a curriculum based upon attestation by a boarding home administrator that the boarding home’s training curriculum addresses basic and specialty training competencies identified by the department, and shall review a curriculum to verify that it meets these requirements. The department may conduct the review as part of the next regularly scheduled yearly inspection and investigation required under RCW 18.20.110. The department shall rescind approval of any curriculum if it determines that the curriculum does not meet these requirements. (12) The department shall adopt rules by September 1, 2002, for the implementation of this section. (13) The orientation, basic training, specialty training, and continuing education requirements of this section commence September 1, 2002, or one hundred twenty days from the date of employment, whichever is later, and shall be applied to (a) employees hired subsequent to September 1, 2002; and (b) existing employees that on September 1, 2002, have not successfully completed the training requirements under RCW 74.39A.010 or 74.39A.020 and this section. Existing employees who have not successfully completed the tr a in i n g r e q u i r e m e n ts u n d e r R C W 7 4 . 3 9 A . 0 1 0 o r 74.39A.020 shall be subject to all applicable requirements of this section. However, prior to September 1, 2002, nothing in this section affects the current training requirements under RCW 74.39A.010. [2002 c 233 § 1; 2000 c 121 § 2.] Effective date—2002 c 233: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 28, 2002]." [2002 c 233 § 5.] 18.20.280 General responsibility for each resident. (1) The boarding home must assume general responsibility for each resident and must promote each resident’s health, safety, and well-being consistent with the resident negotiated care plan. (2) The boarding home is not required to supervise the activities of a person providing care or services to a resident when the resident, or legal representative, has independently arranged for or contracted with the person and the person is not directly or indirectly controlled or paid by the boarding home. However, the boarding home is required to coordinate services with such person to the extent allowed by the resident, or legal representative, and consistent with the resident’s negotiated care plan. Further, the boarding home is required to observe the resident and respond appropriately to any changes in the resident’s overall functioning consistent with chapter 70.129 RCW, this chapter, and rules adopted under this chapter. [2003 c 231 § 7.] 18.20.280 Findings—Effective date—2003 c 231: See notes following RCW 18.20.020. 18.20.290 Holding a medicaid eligible resident’s room or unit—Payment rates. (1) When a boarding home 18.20.290 (2008 Ed.) 18.20.300 contracts with the department to provide adult residential care services, enhanced adult residential care services, or assisted living services under chapter 74.39A RCW, the boarding home must hold a medicaid eligible resident’s room or unit when short-term care is needed in a nursing home or hospital, the resident is likely to return to the boarding home, and payment is made under subsection (2) of this section. (2) The medicaid resident’s bed or unit shall be held for up to twenty days. The per day bed or unit hold compensation amount shall be seventy percent of the daily rate paid for the first seven days the bed or unit is held for the resident who needs short-term nursing home care or hospitalization. The rate for the eighth through the twentieth day a bed is held shall be established in rule, but shall be no lower than ten dollars per day the bed or unit is held. (3) The boarding home may seek third-party payment to hold a bed or unit for twenty-one days or longer. The thirdparty payment shall not exceed the medicaid daily rate paid to the facility for the resident. If third-party payment is not available, the medicaid resident may return to the first available and appropriate bed or unit, if the resident continues to meet the admission criteria under this chapter. [2006 c 64 § 1; 2004 c 142 § 13; 2003 c 231 § 11.] Effective dates—2004 c 142: See note following RCW 18.20.020. Findings—Effective date—2003 c 231: See notes following RCW 18.20.020. 18.20.300 Domiciliary care services—Scope of services—Disclosure form. (1) A boarding home, licensed under this chapter, may provide domiciliary care services, as defined in this chapter, and shall disclose the scope of care and services that it chooses to provide. (2) The boarding home licensee shall disclose to the residents, the residents’ legal representative if any, and if not, the residents’ representative if any, and to interested consumers upon request, the scope of care and services offered, using the form developed and provided by the department, in addition to any supplemental information that may be provided by the licensee. The form that the department develops shall be standardized, reasonable in length, and easy to read. The boarding home’s disclosure statement shall indicate the scope of domiciliary care assistance provided and shall indicate that it permits the resident or the resident’s legal representative to independently arrange for outside services under RCW 18.20.380. (3)(a) If the boarding home licensee decreases the scope of services that it provides due to circumstances beyond the licensee’s control, the licensee shall provide a minimum of thirty days’ written notice to the residents, the residents’ legal representative if any, and if not, the residents’ representative if any, before the effective date of the decrease in the scope of care or services provided. (b) If the licensee voluntarily decreases the scope of services, and any such decrease in the scope of services provided will result in the discharge of one or more residents, then ninety days’ written notice shall be provided prior to the effective date of the decrease. Notice shall be provided to the affected residents, the residents’ legal representative if any, and if not, the residents’ representative if any. (c) If the boarding home licensee increases the scope of services that it chooses to provide, the licensee shall promptly 18.20.300 [Title 18 RCW—page 49] 18.20.310 Title 18 RCW: Businesses and Professions provide written notice to the residents, the residents’ legal representative if any, and if not, the residents’ representative if any, and shall indicate the date on which the increase in the scope of care or services is effective. (4) When the care needs of a resident exceed the disclosed scope of care or services that a boarding home licensee provides, the licensee may exceed the care or services disclosed consistent with RCW 70.129.030(3) and 70.129.110(3)(a). Providing care or services to a resident that exceed the care and services disclosed may or may not mean that the provider is capable of or required to provide the same care or services to other residents. (5) Even though the boarding home licensee may disclose that it can provide certain care or services to resident applicants or to their legal representative if any, and if not, to the resident applicants’ representative if any, the licensee may deny admission to a resident applicant when the licensee determines that the needs of the resident applicant cannot be met, as long as the provider operates in compliance with state and federal law, including RCW 70.129.030(3). (6) The disclosure form is intended to assist consumers in selecting boarding home services and, therefore, shall not be construed as an implied or express contract between the boarding home licensee and the resident. [2004 c 142 § 2.] Effective dates—2004 c 142: See note following RCW 18.20.020. 18.20.310 Assistance with activities of daily living. (1) Boarding homes are not required to provide assistance with one or more activities of daily living. (2) If a boarding home licensee chooses to provide assistance with activities of daily living, the licensee shall provide at least the minimal level of assistance for all activities of daily living consistent with subsection (3) of this section and consistent with the reasonable accommodation requirements in state or federal laws. Activities of daily living are limited to and include the following: (a) Bathing; (b) Dressing; (c) Eating; (d) Personal hygiene; (e) Transferring; (f) Toileting; and (g) Ambulation and mobility. (3) The department shall, in rule, define the minimum level of assistance that will be provided for all activities of daily living, however, such rules shall not require more than occasional stand-by assistance or more than occasional physical assistance. (4) The licensee shall clarify, through the disclosure form, the assistance with activities of daily living that may be provided, and any limitations or conditions that may apply. The licensee shall also clarify through the disclosure form any additional services that may be provided. (5) In providing assistance with activities of daily living, the boarding home shall observe the resident for changes in overall functioning and respond appropriately when there are observable or reported changes in the resident’s physical, mental, or emotional functioning. [2004 c 142 § 3.] 18.20.310 Effective dates—2004 c 142: See note following RCW 18.20.020. [Title 18 RCW—page 50] 18.20.320 Health support services. (1) The boarding home licensee may choose to provide any of the following health support services, however, the facility may or may not need to provide additional health support services to comply with the reasonable accommodation requirements in federal or state law: (a) Blood glucose testing; (b) Puree diets; (c) Calorie controlled diabetic diets; (d) Dementia care; (e) Mental health care; and (f) Developmental disabilities care. (2) The licensee shall clarify on the disclosure form any limitations, additional services, or conditions that may apply. (3) In providing health support services, the boarding home shall observe the resident for changes in overall functioning and respond appropriately when there are observable or reported changes in the resident’s physical, mental, or emotional functioning. [2004 c 142 § 4.] 18.20.320 Effective dates—2004 c 142: See note following RCW 18.20.020. 18.20.330 Intermittent nursing services. (1) Boarding homes are not required to provide intermittent nursing services. The boarding home licensee may choose to provide any of the following intermittent nursing services through appropriately licensed and credentialed staff, however, the facility may or may not need to provide additional intermittent nursing services to comply with the reasonable accommodation requirements in federal or state law: (a) Medication administration; (b) Administration of health care treatments; (c) Diabetic management; (d) Nonroutine ostomy care; (e) Tube feeding; and (f) Nurse delegation consistent with chapter 18.79 RCW. (2) The licensee shall clarify on the disclosure form any limitations, additional services, or conditions that may apply under this section. (3) In providing intermittent nursing services, the boarding home shall observe the resident for changes in overall functioning and respond appropriately when there are observable or reported changes in the resident’s physical, mental, or emotional functioning. (4) The boarding home may provide intermittent nursing services to the extent permitted by RCW 18.20.160. [2004 c 142 § 5.] 18.20.330 Effective dates—2004 c 142: See note following RCW 18.20.020. 18.20.340 Resident’s family member administers medications or treatment—Written primary or alternate plan—Licensee’s duty of care/negligence. (1) A boarding home licensee may permit a resident’s family member to administer medications or treatments or to provide medication or treatment assistance to the resident. The licensee shall disclose to the department, residents, the residents’ legal representative if any, and if not, the residents’ representative if any, and to interested consumers upon request, information describing whether the licensee permits such family administration or assistance and, if so, the extent of limitations or conditions thereof. 18.20.340 (2008 Ed.) Boarding Homes (2) If a boarding home licensee permits a resident’s family member to administer medications or treatments or to provide medication or treatment assistance, the licensee shall request that the family member submit to the licensee a written medication or treatment plan. At a minimum, the written medication or treatment plan shall identify: (a) By name, the family member who will administer the medication or treatment or provide assistance therewith; (b) The medication or treatment administration or assistance that the family member will provide consistent with subsection (1) of this section. This will be referred to as the primary plan; (c) An alternate plan that will meet the resident’s medication or treatment needs if the family member is unable to fulfill his or her duties as specified in the primary plan; and (d) An emergency contact person and telephone number if the boarding home licensee observes changes in the resident’s overall functioning or condition that may relate to the medication or treatment plan. (3) The boarding home licensee may require that the primary or alternate medication or treatment plan include other information in addition to that specified in subsection (2) of this section. (4) The medication or treatment plan shall be signed and dated by: (a) The resident, if able; (b) The resident’s legal representative, if any, and, if not, the resident’s representative, if any; (c) The resident’s family member; and (d) The boarding home licensee. (5) The boarding home may through policy or procedure require the resident’s family member to immediately notify the boarding home licensee of any change in the primary or alternate medication or treatment plan. (6) When a boarding home licensee permits residents’ family members to assist with or administer medications or treatments, the licensee’s duty of care, and any negligence that may be attributed thereto, shall be limited to: Observation of the resident for changes in overall functioning consistent with RCW 18.20.280; notification to the person or persons identified in RCW 70.129.030 when there are observed changes in the resident’s overall functioning or condition, or when the boarding home is aware that both the primary and alternate plan are not implemented; and appropriately responding to obtain needed assistance when there are observable or reported changes in the resident’s physical or mental functioning. [2004 c 142 § 6.] Effective dates—2004 c 142: See note following RCW 18.20.020. 18.20.350 Preadmission assessment—Initial resident service plan—Respite care. (1) The boarding home licensee shall conduct a preadmission assessment for each resident applicant. The preadmission assessment shall include the following information, unless unavailable despite the best efforts of the licensee: (a) Medical history; (b) Necessary and contraindicated medications; (c) A licensed medical or health professional’s diagnosis, unless the individual objects for religious reasons; 18.20.350 (2008 Ed.) 18.20.360 (d) Significant known behaviors or symptoms that may cause concern or require special care; (e) Mental illness diagnosis, except where protected by confidentiality laws; (f) Level of personal care needs; (g) Activities and service preferences; and (h) Preferences regarding other issues important to the resident applicant, such as food and daily routine. (2) The boarding home licensee shall complete the preadmission assessment before admission unless there is an emergency. If there is an emergency admission, the preadmission assessment shall be completed within five days of the date of admission. For purposes of this section, "emergency" includes, but is not limited to: Evening, weekend, or Friday afternoon admissions if the resident applicant would otherwise need to remain in an unsafe setting or be without adequate and safe housing. (3) The boarding home licensee shall complete an initial resident service plan upon move-in to identify the resident’s immediate needs and to provide direction to staff and caregivers relating to the resident’s immediate needs. The initial resident service plan shall include as much information as can be obtained, under subsection (1) of this section. (4) When a facility provides respite care, before or at the time of admission, the facility must obtain sufficient information to meet the individual’s anticipated needs. At a minimum, such information must include: (a) The name, address, and telephone number of the individual’s attending physician, and alternate physician if any; (b) Medical and social history, which may be obtained from a respite care assessment and service plan performed by a case manager designated by an area agency on aging under contract with the department, and mental and physical assessment data; (c) Physician’s orders for diet, medication, and routine care consistent with the individual’s status on admission; (d) Ensure the individuals have assessments performed, where needed, and where the assessment of the individual reveals symptoms of tuberculosis, follow required tuberculosis testing requirements; and (e) With the participation of the individual and, where appropriate, their representative, develop a plan of care to maintain or improve their health and functional status during their stay in the facility. [2008 c 146 § 3; 2004 c 142 § 7.] Findings—Intent—Severability—2008 c 146: See notes following RCW 74.41.040. Effective dates—2004 c 142: See note following RCW 18.20.020. 18.20.360 Full reassessment of resident. (1) The boarding home licensee shall within fourteen days of the resident’s date of move-in, unless extended by the department for good cause, and thereafter at least annually, complete a full reassessment addressing the following: (a) The individual’s recent medical history, including, but not limited to: A health professional’s diagnosis, unless the resident objects for religious reasons; chronic, current, and potential skin conditions; known allergies to foods or medications; or other considerations for providing care or services; (b) Current necessary and contraindicated medications and treatments for the individual, including: 18.20.360 [Title 18 RCW—page 51] 18.20.370 Title 18 RCW: Businesses and Professions (i) Any prescribed medications and over-the-counter medications that are commonly taken by the individual, and that the individual is able to independently self-administer or safely and accurately direct others to administer to him or her; (ii) Any prescribed medications and over-the-counter medications that are commonly taken by the individual and that the individual is able to self-administer when he or she has the assistance of a resident-care staff person; and (iii) Any prescribed medications and over-the-counter medications that are commonly taken by the individual and that the individual is not able to self-administer; (c) The individual’s nursing needs when the individual requires the services of a nurse on the boarding home premises; (d) The individual’s sensory abilities, including vision and hearing; (e) The individual’s communication abilities, including modes of expression, ability to make himself or herself understood, and ability to understand others; (f) Significant known behaviors or symptoms of the individual causing concern or requiring special care, including: History of substance abuse; history of harming self, others, or property, or other conditions that may require behavioral intervention strategies; the individual’s ability to leave the boarding home unsupervised; and other safety considerations that may pose a danger to the individual or others, such as use of medical devices or the individual’s ability to smoke unsupervised, if smoking is permitted in the boarding home; (g) The individual’s special needs, by evaluating available information, or selecting and using an appropriate tool to determine the presence of symptoms consistent with, and implications for care and services of: Mental illness, or needs for psychological or mental health services, except where protected by confidentiality laws; developmental disability; dementia; or other conditions affecting cognition, such as traumatic brain injury; (h) The individual’s level of personal care needs, including: Ability to perform activities of daily living; medication management ability, including the individual’s ability to obtain and appropriately use over-the-counter medications; and how the individual will obtain prescribed medications for use in the boarding home; (i) The individual’s activities, typical daily routines, habits, and service preferences; (j) The individual’s personal identity and lifestyle, to the extent the individual is willing to share the information, and the manner in which they are expressed, including preferences regarding food, community contacts, hobbies, spiritual preferences, or other sources of pleasure and comfort; and (k) Who has decision-making authority for the individual, including: The presence of any advance directive, or other legal document that will establish a substitute decision maker in the future; the presence of any legal document that establishes a current substitute decision maker; and the scope of decision-making authority of any substitute decision maker. (2) Complete a limited assessment of a resident’s change of condition when the resident’s negotiated service agreement no longer addresses the resident’s current needs. [2004 c 142 § 8.] [Title 18 RCW—page 52] Effective dates—2004 c 142: See note following RCW 18.20.020. 18.20.370 Negotiated service agreement. (1) The boarding home licensee shall complete a negotiated service agreement using the preadmission assessment, initial resident service plan, and full reassessment information obtained under RCW 18.20.350 and 18.20.360. The licensee shall include the resident and the resident’s legal representative if any, or the resident’s representative if any, in the development of the negotiated service agreement. If the resident is a medicaid client, the department’s case manager shall also be involved. (2) The negotiated service agreement shall be completed or updated: (a) Within thirty days of the date of move-in; (b) As necessary following the annual full assessment of the resident; and (c) Whenever the resident’s negotiated service agreement no longer adequately addresses the resident’s current needs and preferences. [2004 c 142 § 9.] 18.20.370 Effective dates—2004 c 142: See note following RCW 18.20.020. 18.20.380 Provision of outside services—Licensee’s duty of care/negligence. (1) The boarding home licensee shall permit the resident, or the resident’s legal representative if any, to independently arrange for or contract with a practitioner licensed under Title 18 RCW regulating health care professions, or a home health, hospice, or home care agency licensed under chapter 70.127 RCW, to provide on-site care and services to the resident, consistent with RCW 18.20.160 and chapter 70.129 RCW. The boarding home licensee may permit the resident, or the resident’s legal representative if any, to independently arrange for other persons to provide on-site care and services to the resident. (2) The boarding home licensee may establish policies and procedures that describe limitations, conditions, or requirements that must be met prior to an outside service provider being allowed on-site. (3) When the resident or the resident’s legal representative independently arranges for outside services under subsection (1) of this section, the licensee’s duty of care, and any negligence that may be attributed thereto, shall be limited to: The responsibilities described under subsection (4) of this section, excluding supervising the activities of the outside service provider; observation of the resident for changes in overall functioning, consistent with RCW 18.20.280; notification to the person or persons identified in RCW 70.129.030 when there are observed changes in the resident’s overall functioning or condition; and appropriately responding to obtain needed assistance when there are observable or reported changes in the resident’s physical or mental functioning. (4) Consistent with RCW 18.20.280, the boarding home licensee shall not be responsible for supervising the activities of the outside service provider. When information sharing is authorized by the resident or the resident’s legal representative, the licensee shall request such information and integrate relevant information from the outside service provider into the resident’s negotiated service agreement, only to the extent that such information is actually shared with the licensee. [2004 c 142 § 10.] 18.20.380 (2008 Ed.) Boarding Homes Effective dates—2004 c 142: See note following RCW 18.20.020. 18.20.390 Quality assurance committee. (1) To ensure the proper delivery of services and the maintenance and improvement in quality of care through self-review, any boarding home licensed under this chapter may maintain a quality assurance committee that, at a minimum, includes: (a) A licensed registered nurse under chapter 18.79 RCW; (b) The administrator; and (c) Three other members from the staff of the boarding home. (2) When established, the quality assurance committee shall meet at least quarterly to identify issues that may adversely affect quality of care and services to residents and to develop and implement plans of action to correct identified quality concerns or deficiencies in the quality of care provided to residents. (3) To promote quality of care through self-review without the fear of reprisal, and to enhance the objectivity of the review process, the department shall not require, and the long-term care ombudsman program shall not request, disclosure of any quality assurance committee records or reports, unless the disclosure is related to the committee’s compliance with this section, if: (a) The records or reports are not maintained pursuant to statutory or regulatory mandate; and (b) The records or reports are created for and collected and maintained by the committee. (4) If the boarding home refuses to release records or reports that would otherwise be protected under this section, the department may then request only that information that is necessary to determine whether the boarding home has a quality assurance committee and to determine that it is operating in compliance with this section. However, if the boarding home offers the department documents generated by, or for, the quality assurance committee as evidence of compliance with boarding home requirements, the documents are protected as quality assurance committee documents under subsections (6) and (8) of this section when in the possession of the department. The department is not liable for an inadvertent disclosure, a disclosure related to a required federal or state audit, or disclosure of documents incorrectly marked as quality assurance committee documents by the facility. (5) Good faith attempts by the committee to identify and correct quality deficiencies shall not be used as a basis for sanctions. (6) Information and documents, including the analysis of complaints and incident reports, created specifically for, and collected and maintained by, a quality assurance committee are not subject to discovery or introduction into evidence in any civil action, and no person who was in attendance at a meeting of such committee or who participated in the creation, collection, or maintenance of information or documents specifically for the committee shall be permitted or required to testify as to the content of such proceedings or the documents and information prepared specifically for the committee. This subsection does not preclude: (a) In any civil action, the discovery of the identity of persons involved in the care that is the basis of the civil action 18.20.390 (2008 Ed.) 18.20.390 whose involvement was independent of any quality improvement committee activity; (b) In any civil action, the testimony of any person concerning the facts which form the basis for the institution of such proceedings of which the person had personal knowledge acquired independently of their participation in the quality assurance committee activities. (7) A quality assurance committee under subsection (1) of this section, RCW 70.41.200, 74.42.640, 4.24.250, or 43.70.510 may share information and documents, including the analysis of complaints and incident reports, created specifically for, and collected and maintained by, the committee, with one or more other quality assurance committees created under subsection (1) of this section, RCW 70.41.200, 74.42.640, 4.24.250, or 43.70.510 for the improvement of the quality of care and services rendered to boarding home residents. Information and documents disclosed by one quality assurance committee to another quality assurance committee and any information and documents created or maintained as a result of the sharing of information and documents shall not be subject to the discovery process and confidentiality shall be respected as required by subsections (6) and (8) of this section, RCW 43.70.510(4), 70.41.200(3), 4.24.250(1), and 74.42.640 (7) and (9). The privacy protections of chapter 70.02 RCW and the federal health insurance portability and accountability act of 1996 and its implementing regulations apply to the sharing of individually identifiable patient information held by a coordinated quality improvement program. Any rules necessary to implement this section shall meet the requirements of applicable federal and state privacy laws. (8) Information and documents, including the analysis of complaints and incident reports, created specifically for, and collected and maintained by, a quality assurance committee are exempt from disclosure under chapter 42.56 RCW. (9) Notwithstanding any records created for the quality assurance committee, the facility shall fully set forth in the resident’s records, available to the resident, the department, and others as permitted by law, the facts concerning any incident of injury or loss to the resident, the steps taken by the facility to address the resident’s needs, and the resident outcome. [2006 c 209 § 3; 2005 c 33 § 2; 2004 c 144 § 2.] Effective date—2006 c 209: See RCW 42.56.903. Findings—2005 c 33: "The legislature finds that facilitation of the quality assurance process in licensed boarding homes and nursing homes will promote safe patient care. The legislature also finds that communication and quality assurance efforts by boarding homes and nursing homes will achieve the goal of providing high quality of care to citizens residing in licensed boarding homes and nursing homes, and may reduce property and liability insurance premium costs for such facilities. The legislature further finds that sharing of quality assurance information between boarding homes, nursing homes, coordinated quality improvement plans, peer review organizations, and hospitals will promote safe patient care and ensure consistency of care across organizations and practices." [2005 c 33 § 1.] Finding—2004 c 144: "The legislature finds that quality assurance efforts will promote compliance with regulations by providers and achieve the goal of providing high quality of care to citizens residing in licensed boarding homes, and may reduce property and liability insurance premium costs for such facilities." [2004 c 144 § 1.] Effective date—2004 c 144: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 26, 2004]." [2004 c 144 § 5.] [Title 18 RCW—page 53] 18.20.400 Title 18 RCW: Businesses and Professions 18.20.400 Correction of violation/deficiency—Not included in facility report. If during an inspection, reinspection, or complaint investigation by the department, a boarding home corrects a violation or deficiency that the department discovers, the department shall record and consider such violation or deficiency for purposes of the facility’s compliance history, however the licensor or complaint investigator shall not include in the facility report the violation or deficiency if the violation or deficiency: (1) Is corrected to the satisfaction of the department prior to the exit conference; (2) Is not recurring; and (3) Did not pose a significant risk of harm or actual harm to a resident. For the purposes of this section, "recurring" means that the violation or deficiency was found under the same regulation or statute in one of the two most recent preceding inspections, reinspections, or complaint investigations. [2004 c 144 § 4.] 18.20.400 Finding—Effective date—2004 c 144: See notes following RCW 18.20.390. 18.20.410 Standards for small boarding homes— Study. The department of health, the department, and the building code council shall develop standards for small boarding homes between seven and sixteen beds that address at least the following issues: (1) Domestic food refrigeration and freezer storage; (2) Sinks and sink placement; (3) Dishwashers; (4) Use of heat supplements for water temperature in clothes washers; (5) Yard shrubbery; (6) Number of janitorial rooms in a facility; (7) Number and cross-purpose of dirty rooms; (8) Instant hot water faucets; (9) Medication refrigeration; and (10) Walled and gated facilities. Based on the standards developed under this section, the department of health and the building code council shall study the risks and benefits of modifying and simplifying construction and equipment standards for boarding homes with a capacity of seven to sixteen persons. The study shall include coordination with the department. The department of health shall report its findings and recommendations to appropriate committees of the legislature no later than December 1, 2005. [2005 c 505 § 1.] 18.20.410 18.20.415 Rule-making authority. The department of health and the department of social and health services may adopt rules to implement RCW 18.20.410. [2005 c 505 § 2.] 18.20.415 18.20.420 Temporary management. (1) If the department determines that the health, safety, or welfare of residents is immediately jeopardized by a boarding home’s failure or refusal to comply with the requirements of this chapter or the rules adopted under this chapter, and the department summarily suspends the boarding home license, the department may appoint a temporary manager of the boarding home, or the licensee may, subject to the department’s 18.20.420 [Title 18 RCW—page 54] approval, voluntarily participate in the temporary management program. The purposes of the temporary management program are as follows: (a) To mitigate dislocation and transfer trauma of residents while the department and licensee may pursue dispute resolution or appeal of a summary suspension of license; (b) To facilitate the continuity of safe and appropriate resident care and services; (c) To protect the health, safety, and welfare of residents, by providing time for an orderly closure of the boarding home, or for the deficiencies that necessitated temporary management to be corrected; and (d) To preserve a residential option that meets a specialized service need or is in a geographical area that has a lack of available providers. (2) The department may recruit, approve, and appoint qualified individuals, partnerships, corporations, and other entities interested in serving as a temporary manager of a boarding home. These individuals and entities shall satisfy the criteria established under this chapter or by the department for approving licensees. The department shall not approve or appoint any person, including partnerships and other entities, if that person is affiliated with the boarding home subject to the temporary management, or has owned or operated a boarding home ordered into temporary management or receivership in any state. When approving or appointing a temporary manager, the department shall consider the temporary manager’s past experience in long-term care, the quality of care provided, the temporary manager’s availability, and the person’s familiarity with applicable state and federal laws. Subject to the provisions of this section and RCW 18.20.430, the department’s authority to approve or appoint a temporary manager is discretionary and not subject to the administrative procedure act, chapter 34.05 RCW. (3) When the department appoints a temporary manager, the department shall enter into a contract with the temporary manager and shall order the licensee to cease operating the boarding home and immediately turn over to the temporary manager possession and control of the boarding home, including but not limited to all resident care records, financial records, and other records necessary for operation of the facility while temporary management is in effect. If the department has not appointed a temporary manager and the licensee elects to participate in the temporary management program, the licensee shall select the temporary manager, subject to the department’s approval, and enter into a contract with the temporary manager, consistent with this section. The department has the discretion to approve or revoke any temporary management arrangements made by the licensee. (4) When the department appoints a temporary manager, the costs associated with the temporary management may be paid for through the boarding home temporary management account established by RCW 18.20.430, or from other departmental funds, or a combination thereof. All funds must be administered according to department procedures. The department may enter into an agreement with the licensee allowing the licensee to pay for some of the costs associated with a temporary manager appointed by the department. If the department has not appointed a temporary manager and the licensee elects to participate in the temporary manage(2008 Ed.) Boarding Homes ment program, the licensee is responsible for all costs related to administering the temporary management program at the boarding home and contracting with the temporary manager. (5) The temporary manager shall assume full responsibility for the daily operations of the boarding home and is responsible for correcting cited deficiencies and ensuring that all minimum licensing requirements are met. The temporary manager must comply with all state and federal laws and regulations applicable to boarding homes. The temporary manager shall protect the health, safety, and welfare of the residents for the duration of the temporary management and shall perform all acts reasonably necessary to ensure residents’ needs are met. The temporary management contract shall address the responsibility of the temporary manager to pay past due debts. The temporary manager’s specific responsibilities may include, but are not limited to: (a) Receiving and expending in a prudent and business-like manner all current revenues of the boarding home, provided that priority is given to debts and expenditures directly related to providing care and meeting residents’ needs; (b) Hiring and managing all consultants and employees and firing them for good cause; (c) Making necessary purchases, repairs, and replacements, provided that such expenditures in excess of five thousand dollars by a temporary manager appointed by the department must be approved by the department; (d) Entering into contracts necessary for the operation of the boarding home; (e) Preserving resident trust funds and resident records; and (f) Preparing all department-required reports, including a detailed monthly accounting of all expenditures and liabilities, which shall be sent to the department and the licensee. (6) The licensee and department shall provide written notification immediately to all residents, resident representatives, interested family members, and the state long-term care ombudsman program of the temporary management and the reasons for it. This notification shall include notice that residents may move from the boarding home without notifying the licensee or temporary manager in advance, and without incurring any charges, fees, or costs otherwise available for insufficient advance notice, during the temporary management period. The notification shall also inform residents and their families or representatives that the temporary management team will provide residents help with relocation and appropriate discharge planning and coordination if desired. The department shall provide assistance with relocation to residents who are department clients and may provide such assistance to other residents. The temporary manager shall meet regularly with staff, residents, residents’ representatives, and families to inform them of the plans for and progress achieved in the correction of deficiencies, and of the plans for facility closure or continued operation. (7) The department shall terminate temporary management: (a) After sixty days unless good cause is shown to continue the temporary management. Good cause for continuing the temporary management exists when returning the boarding home to its former licensee would subject residents to a threat to health, safety, or welfare; (2008 Ed.) 18.20.440 (b) When all residents are transferred and the boarding home is closed; (c) When deficiencies threatening residents’ health, safety, or welfare are eliminated and the former licensee agrees to department-specified conditions regarding the continued facility operation; or (d) When a new licensee assumes control of the boarding home. Nothing in this section precludes the department from revoking its approval of the temporary management or exercising its licensing enforcement authority under this chapter. The department’s decision whether to approve or to revoke a temporary management arrangement is not subject to the administrative procedure act, chapter 34.05 RCW. (8) The department shall indemnify, defend, and hold harmless any temporary manager appointed or approved under this section against claims made against the temporary manager for any actions by the temporary manager or its agents that do not amount to intentional torts or criminal behavior. (9) The department may adopt rules implementing this section. In the development of rules or policies implementing this section, the department shall consult with residents and their representatives, resident advocates, financial professionals, boarding home providers, and organizations representing boarding homes. [2007 c 162 § 1.] 18.20.430 Boarding home temporary management account. The boarding home temporary management account is created in the custody of the state treasurer. All receipts from civil penalties imposed under this chapter must be deposited into the account. Only the director or the director’s designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. Expenditures from the account may be used only for the protection of the health, safety, welfare, or property of residents of boarding homes found to be deficient. Uses of the account include, but are not limited to: (1) Payment for the costs of relocation of residents to other facilities; (2) Payment to maintain operation of a boarding home pending correction of deficiencies or closure, including payment of costs associated with temporary management authorized under this chapter; and (3) Reimbursement of residents for personal funds or property lost or stolen when the resident’s personal funds or property cannot be recovered from the boarding home or third-party insurer. [2007 c 162 § 2.] 18.20.430 18.20.440 Withdrawal from medicaid program— Notice—Duties. (1) If a boarding home voluntarily withdraws from participation in a state medicaid program for residential care and services under chapter 74.39A RCW, but continues to provide services of the type provided by boarding homes, the facility’s voluntary withdrawal from participation is not an acceptable basis for the transfer or discharge of residents of the facility (a) who were receiving medicaid on the day before the effective date of the withdrawal; or (b) who have been paying the facility privately for at least two 18.20.440 [Title 18 RCW—page 55] 18.20.900 Title 18 RCW: Businesses and Professions years and who become eligible for medicaid within one hundred eighty days of the date of withdrawal. (2) A boarding home that has withdrawn from the state medicaid program for residential care and services under chapter 74.39A RCW must provide the following oral and written notices to prospective residents. The written notice must be prominent and must be written on a page that is separate from the other admission documents. The notice shall provide that: (a) The facility will not participate in the medicaid program with respect to that resident; and (b) The facility may transfer or discharge the resident from the facility for nonpayment, even if the resident becomes eligible for medicaid. (3) Notwithstanding any other provision of this section, the medicaid contract under chapter 74.39A RCW that exists on the day the facility withdraws from medicaid participation is deemed to continue in effect as to the persons described in subsection (1) of this section for the purposes of: (a) Department payments for the residential care and services provided to such persons; (b) Maintaining compliance with all requirements of the medicaid contract between the department and the facility; and (c) Ongoing inspection, contracting, and enforcement authority under the medicaid contract, regulations, and law. (4) Except as provided in subsection (1) of this section, this section shall not apply to a person who begins residence in a facility on or after the effective date of the facility’s withdrawal from participation in the medicaid program for residential care and services. (5) A boarding home that is providing residential care and services under chapter 74.39A RCW shall give the department and its residents sixty days’ advance notice of the facility’s intent to withdraw from participation in the medicaid program. (6) Prior to admission to the facility, a boarding home participating in the state medicaid program for residential care and services under chapter 74.39A RCW must provide the following oral and written notices to prospective residents. The written notice must be prominent and must be written on a page that is separate from the other admission documents, and must provide that: (a) In the future, the facility may choose to withdraw from participating in the medicaid program; (b) If the facility withdraws from the medicaid program, it will continue to provide services to residents (i) who were receiving medicaid on the day before the effective date of the withdrawal; or (ii) who have been paying the facility privately for at least two years and who will become eligible for medicaid within one hundred eighty days of the date of withdrawal; (c) After a facility withdraws from the medicaid program, it may transfer or discharge residents who do not meet the criteria described in this section for nonpayment, even if the resident becomes eligible for medicaid. [2008 c 251 § 1.] Effective date—2008 c 251: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 28, 2008], except for *section 2 of this act which applies retroactively to September 1, 2007." [2008 c 251 § 3.] [Title 18 RCW—page 56] *Reviser’s note: Section 2 of this act was vetoed by the governor. 18.20.900 Severability—1957 c 253. If any part, or parts, of this chapter shall be held unconstitutional, the remaining provisions shall be given full force and effect, as completely as if the part held unconstitutional had not been included herein, if any such remaining part can then be administered for the purpose of establishing and maintaining standards for boarding homes. [1957 c 253 § 20.] 18.20.900 Chapter 18.22 RCW PODIATRIC MEDICINE AND SURGERY Chapter 18.22 (Formerly: Podiatry) Sections 18.22.003 18.22.005 18.22.010 18.22.013 18.22.014 18.22.015 18.22.018 18.22.021 18.22.025 18.22.035 18.22.040 18.22.045 18.22.060 18.22.082 18.22.083 18.22.110 18.22.120 18.22.125 18.22.191 18.22.210 18.22.220 18.22.230 18.22.900 18.22.910 18.22.911 18.22.950 Regulation of health care professions—Criteria. Legislative finding—Purpose. Definitions. Podiatric medical board—Membership. Board—Officers—Members’ compensation and travel expenses. Board—Duties—Rules. Application of uniform disciplinary act. License required. License required to practice podiatric medicine and surgery. Practice of podiatric medicine and surgery—Quality—Definition—Prescriptions—Limitations. Applicants—Fee—Eligibility. Postgraduate training license. Examination—Date, location, and application—Reexamination. License—Reciprocity. License—Examination to determine professional qualifications. License—Display. License renewal. License—Inactive status. Rules and regulations. Unlawful practice—Evidence of. Violations—Penalty. Exemptions. Severability—1917 c 38. Severability—1955 c 149. Severability—1982 c 21. Short title. Actions for negligence against, evidence and proof required to prevail: RCW 4.24.290. Health care assistants: Chapter 18.135 RCW. Health professions account—Fees credited—Requirements for biennial budget request—Unappropriated funds: RCW 43.70.320. Rebating by practitioners of healing professions prohibited: Chapter 19.68 RCW. 18.22.003 Regulation of health care professions— Criteria. See chapter 18.120 RCW. 18.22.003 18.22.005 Legislative finding—Purpose. The legislature finds that the conduct of podiatric physicians and surgeons licensed to practice in this state plays a vital role in preserving the public health and well-being. The purpose of this chapter is to establish an effective public agency to regulate the practice of podiatric medicine and surgery for the protection and promotion of the public health, safety, and welfare and to act as a disciplinary body for the licensed podiatric physicians and surgeons of this state and to ensure that only individuals who meet and maintain minimum standards of competence and conduct may obtain a license to provide podiatric services to the public. [1990 c 147 § 1; 1982 c 21 § 1.] 18.22.005 (2008 Ed.) Podiatric Medicine and Surgery 18.22.010 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise. (1) "Podiatric physician and surgeon" means an individual licensed under this chapter. (2) "Board" means the Washington state podiatric medical board. (3) "Department" means the department of health. (4) "Secretary" means the secretary of health or the secretary’s designee. (5) "Approved school of podiatric medicine and surgery" means a school approved by the board, which may consider official recognition of the Council of Education of the American Podiatric Medical Association in determining the approval of schools of podiatric medicine and surgery. [1990 c 147 § 2; 1982 c 21 § 2; 1973 c 77 § 1; 1955 c 149 § 1; 1941 c 31 § 1; 1921 c 120 § 1; 1917 c 38 § 1; Rem. Supp. 1941 § 10074.] 18.22.010 18.22.013 Podiatric medical board—Membership. There is created the Washington state podiatric medical board consisting of five members to be appointed by the governor. All members shall be residents of the state. One member shall be a consumer whose occupation does not include the administration of health activities or the providing of health services and who has no material financial interest in providing health care services. Four members shall be podiatric physicians and surgeons who at the time of appointment have been licensed under the laws of this state for at least five consecutive years immediately preceding appointment and shall at all times during their terms remain licensed podiatric physicians and surgeons. Board members shall serve five-year terms. No person may serve more than two consecutive terms on the board. Each member shall take the usual oath of a state officer, which shall be filed with the secretary of state, and each member shall hold office for the term of appointment and until a successor is appointed and sworn. Each member is subject to removal at the pleasure of the governor. If a vacancy on the board occurs from any cause, the governor shall appoint a successor for the unexpired term. [1990 c 147 § 3; 1982 c 21 § 8.] 18.22.013 Secretary of health or designee ex officio member of health professional licensure and disciplinary boards: RCW 43.70.300. 18.22.014 Board—Officers—Members’ compensation and travel expenses. The board shall meet at the places and times it determines and as often as necessary to discharge its duties. The board shall elect a chairperson, vice-chairperson, and secretary from among its members. Members shall be compensated in accordance with RCW 43.03.240 in addition to travel expenses provided by RCW 43.03.050 and 43.03.060. A simple majority of the board members currently serving constitutes a quorum of the board. [1990 c 147 § 4; 1984 c 287 § 26; 1982 c 21 § 9.] 18.22.014 18.22.025 (2) Prepare, grade, and administer or determine the nature, grading, and administration of examinations for applicants for podiatric physician and surgeon licenses; (3) Examine and investigate all applicants for podiatric physician and surgeon licenses and certify to the secretary all applicants it judges to be properly qualified; (4) Adopt any rules which it considers necessary or proper to carry out the purposes of this chapter; (5) Determine which schools of podiatric medicine and surgery will be approved. [1990 c 147 § 5; 1986 c 259 § 18; 1982 c 21 § 10.] Severability—1986 c 259: See note following RCW 18.130.010. Director of licensing or director’s designee ex officio member of health professional licensure and disciplinary boards: RCW 43.70.300. 18.22.015 Board—Duties—Rules. (Effective July 1, 2009.) The board shall: (1) Administer all laws placed under its jurisdiction; (2) Prepare, grade, and administer or determine the nature, grading, and administration of examinations for applicants for podiatric physician and surgeon licenses; (3) Examine and investigate all applicants for podiatric physician and surgeon licenses and certify to the secretary all applicants it judges to be properly qualified; (4) Adopt any rules which it considers necessary or proper to carry out the purposes of this chapter; (5) Adopt rules governing the administration of sedation and anesthesia in the offices of persons licensed under this chapter, including necessary training and equipment; (6) Determine which schools of podiatric medicine and surgery will be approved. [2007 c 273 § 28; 1990 c 147 § 5; 1986 c 259 § 18; 1982 c 21 § 10.] 18.22.015 Effective date—Implementation—2007 c 273: See RCW 70.230.900 and 70.230.901. Severability—1986 c 259: See note following RCW 18.130.010. Director of licensing or director’s designee ex officio member of health professional licensure and disciplinary boards: RCW 43.70.300. 18.22.018 Application of uniform disciplinary act. The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [1987 c 150 § 10; 1986 c 259 § 17.] 18.22.018 Severability—1987 c 150: See RCW 18.122.901. Severability—1986 c 259: See note following RCW 18.130.010. 18.22.021 License required. It is a violation of RCW 18.130.190 for any person to practice podiatry in this state unless the person first has obtained a license therefor. [1987 c 150 § 11.] 18.22.021 Severability—1987 c 150: See RCW 18.122.901. 18.22.025 License required to practice podiatric medicine and surgery. No person may practice or represent himself or herself as a podiatric physician and surgeon without first applying for and receiving a license under this chapter to practice podiatric medicine and surgery. [1990 c 147 § 7.] 18.22.025 Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. 18.22.015 Board—Duties—Rules. (Effective until July 1, 2009.) The board shall: (1) Administer all laws placed under its jurisdiction; 18.22.015 (2008 Ed.) [Title 18 RCW—page 57] 18.22.035 Title 18 RCW: Businesses and Professions 18.22.035 Practice of podiatric medicine and surgery—Quality—Definition—Prescriptions—Limitations. (1) A podiatric physician and surgeon is responsible for the quality of podiatric care. (2) The practice of podiatric medicine and surgery is the diagnosis and the medical, surgical, mechanical, manipulative, and electrical treatments of ailments of the human foot. (3) Podiatric physicians and surgeons may issue prescriptions valid at any pharmacy for any drug, including narcotics, necessary in the practice of podiatry. (4) Podiatrists shall not: (a) Amputate the foot; (b) Administer spinal anesthetic or any anesthetic that renders the patient unconscious; or (c) Treat systemic conditions. [1990 c 147 § 6.] 18.22.035 18.22.040 Applicants—Fee—Eligibility. Before any person may take an examination for the issuance of a podiatric physician and surgeon license, the applicant shall submit a completed application and a fee determined by the secretary as provided in RCW 43.70.250. The applicant shall also furnish the secretary and the board with satisfactory proof that: (1) The applicant has not engaged in unprofessional conduct as defined in chapter 18.130 RCW and is not unable to practice with reasonable skill and safety as a result of a physical or mental impairment; (2) The applicant has satisfactorily completed a course in an approved school of podiatric medicine and surgery; (3) The applicant has completed one year of postgraduate podiatric medical training in a program approved by the board, provided that applicants graduating before July 1, 1993, shall be exempt from the postgraduate training requirement. [2000 c 171 § 4; 1993 c 29 § 2; 1990 c 147 § 8; 1982 c 21 § 5; 1979 c 158 § 18; 1973 c 77 § 4; 1971 ex.s. c 292 § 19; 1955 c 149 § 2; 1935 c 48 § 3; 1921 c 120 § 3; 1917 c 38 § 6; RRS § 10079.] 18.22.040 Severability—1971 ex.s. c 292: See note following RCW 26.28.010. 18.22.045 Postgraduate training license. The board may grant approval to issue a license without examination to a podiatric physician and surgeon in a board-approved postgraduate training program in this state if the applicant files an application and meets all the requirements for licensure set forth in RCW 18.22.040 except for completion of one year of postgraduate training. The secretary shall issue a postgraduate podiatric medicine and surgery license that permits the physician to practice podiatric medicine and surgery only in connection with his or her duties in the postgraduate training program. The postgraduate training license does not authorize the podiatric physician to engage in any other form of practice. Each podiatric physician and surgeon in postgraduate training shall practice podiatric medicine and surgery under the supervision of a physician licensed in this state under this chapter, or chapter 18.71 or 18.57 RCW, but such supervision shall not be construed to necessarily require the personal presence of the supervising physician at the place where services are rendered. All persons licensed under this section shall be subject to the jurisdiction of the podiatric medical board as set forth in this chapter and chapter 18.130 RCW. 18.22.045 [Title 18 RCW—page 58] Persons applying for licensure pursuant to this section shall pay an application and renewal fee determined by the secretary as provided in RCW 43.70.250. Postgraduate training licenses may be renewed annually. Any person who obtains a license pursuant to this section may apply for licensure under this chapter but shall submit a new application form and comply with all other licensing requirements of this chapter. [1993 c 29 § 1.] 18.22.060 Examination—Date, location, and application—Reexamination. (1) The date and location of the examination shall be established by the board. Applicants who have met the requirements for examination under RCW 18.22.040 will be scheduled for the next examination after the filing of the complete application. The board shall establish by rule the examination application deadline. (2) An applicant who fails to pass an examination satisfactorily is entitled to reexamination upon the payment of a fee for each reexamination determined by the secretary as provided in RCW 43.70.250. [1990 c 147 § 9; 1985 c 7 § 11; 1982 c 21 § 7; 1975 1st ex.s. c 30 § 16; 1973 c 77 § 6; 1965 c 97 § 1; 1957 c 52 § 14. Prior: (i) 1921 c 120 § 5; 1917 c 38 § 9; RRS § 10082. (ii) 1921 c 120 § 4; 1917 c 38 § 7; RRS § 10080.] 18.22.060 18.22.082 License—Reciprocity. An applicant holding a license to practice podiatric medicine and surgery in another state may be licensed without examination if the secretary determines that the other state’s licensing standards are substantively equivalent to the standards in this state. [1990 c 147 § 10.] 18.22.082 18.22.083 License—Examination to determine professional qualifications. Before being issued a license to practice podiatric medicine and surgery, applicants must successfully pass the examinations administered by the national board of podiatry examiners and an examination administered or approved by the board to determine their professional qualifications. The examination administered by the board shall include the subject areas as the board may require by rule. The board may approve an examination prepared or administered, or both, by a private testing agency, other licensing authority, or association of licensing authorities. The board may by rule establish the passing grade for the examination. [1990 c 147 § 11; 1982 c 21 § 13.] 18.22.083 18.22.110 License—Display. Every holder of a podiatric physician and surgeon license shall keep the license on exhibition in a conspicuous place in the holder’s office or place of business. [1990 c 147 § 12; 1973 c 77 § 9; 1957 c 52 § 15. Prior: 1917 c 38 § 2, part; RRS § 10075, part.] 18.22.110 18.22.120 License renewal. The board shall establish by rule the requirements for renewal of licenses and relicensing. Administrative procedures, administrative requirements, and fees shall be established as provided in RCW 43.70.250 and 43.70.280. [1996 c 191 § 7; 1990 c 147 § 13; 1985 c 7 § 13; 1982 c 21 § 14; 1975 1st ex.s. c 30 § 18; 1973 c 77 § 10; 1971 ex.s. c 266 § 4; 1965 c 97 § 2; 1955 c 149 § 6. Prior: (i) 18.22.120 (2008 Ed.) Chiropractic 1921 c 120 § 5, part; 1917 c 38 § 9, part; RRS § 10082, part. (ii) 1921 c 120 § 9; RRS § 10096.] 18.22.125 License—Inactive status. (1) An individual may place his or her license on inactive status. The holder of an inactive license shall not practice podiatric medicine and surgery in this state without first activating the license. (2) The inactive renewal fee shall be established by the secretary under RCW 43.70.250, but may not exceed twentyfive percent of the active license renewal fee. Failure to renew an inactive license results in cancellation in the same manner as an active license. (3) An inactive license may be placed in an active status upon compliance with the rules established by the board. (4) The provisions of this chapter relating to the denial, suspension, and revocation of a license are applicable to an inactive license, except that when proceedings to suspend or revoke an inactive license have been initiated, the license remains inactive until the proceedings have been completed. [1990 c 147 § 14.] 18.22.125 18.22.191 Rules and regulations. The secretary shall have the power and duty to formulate and prescribe such rules and regulations as may be reasonable in the proper administration of this chapter. In addition to any other authority provided by law, the secretary may: (1) Set all fees required in this chapter in accordance with RCW 43.70.250; (2) Establish forms necessary to administer this chapter; (3) Maintain the official department record of all applicants and licensees. [1990 c 147 § 15; 1955 c 149 § 13.] 18.22.191 Chapter 18.25 tion or assignments from an instructor and under the supervision of the instructor; (3) The practice of podiatric medicine and surgery by licensed podiatric physicians and surgeons of other states or countries while appearing at educational seminars; (4) The use of roentgen and other rays for making radiograms or similar records of the feet or portions thereof, under the supervision of a licensed podiatric physician and surgeon or a physician; (5) The practice of podiatric medicine and surgery by externs, interns, and residents in training programs approved by the American Podiatric Medical Association; (6) The performing of podiatric services by persons not licensed under this chapter when performed under the supervision of a licensed podiatrist if those services are authorized by board rule or other law to be so performed; (7) The treatment of ailments of the feet by physicians licensed under chapter 18.57 or 18.71 RCW, or other licensed health professionals practicing within the scope of their licenses; (8) The domestic administration of family remedies or treatment by prayer or spiritual means in accordance with the creed or tenets of any well recognized church or religious denomination. [1990 c 147 § 17; 1982 c 21 § 19; 1973 c 77 § 19; 1955 c 149 § 12.] 18.22.900 Severability—1917 c 38. If any provision of this act shall be held void or unconstitutional, all other provisions and all other sections of the act which are not expressly held to be void or unconstitutional shall continue in full force and effect. [1917 c 38 § 19.] 18.22.900 18.22.910 Severability—1955 c 149. If any provision of this act or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the provisions or application of this act which can be given effect without the invalid provisions or applications, and to this end the provisions of this act are declared to be severable. [1955 c 149 § 16.] 18.22.910 18.22.210 Unlawful practice—Evidence of. It is prima facie evidence of the practice of podiatric medicine and surgery or of holding oneself out as a practitioner of podiatric medicine and surgery within the meaning of this chapter for any person to treat in any manner ailments of the human foot by medical, surgical, or mechanical means or appliances, or to use the title "podiatrist," "podiatric physician and surgeon," or any other words or letters which designate or tend to designate to the public that the person so treating or holding himself or herself out to treat, is a podiatric physician and surgeon. [1990 c 147 § 16; 1982 c 21 § 17; 1973 c 77 § 17; 1935 c 48 § 4; 1921 c 120 § 6; 1917 c 38 § 10; RRS § 10083.] 18.22.210 18.22.220 Violations—Penalty. Every person violating, or failing to comply with, the provisions of this chapter shall be guilty of a gross misdemeanor. [1955 c 149 § 10; 1917 c 38 § 21; RRS § 10094.] 18.22.911 Severability—1982 c 21. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1982 c 21 § 20.] 18.22.911 18.22.220 18.22.230 Exemptions. The following practices, acts, and operations are excepted from the operation of the provisions of this chapter: (1) The practice of podiatric medicine and surgery by an individual employed by the government of the United States while the individual is engaged in the performance of duties prescribed by the laws and regulations of the United States; (2) The practice of podiatric medicine and surgery by students enrolled in a school approved by the board. The performance of services must be pursuant to a course of instruc- 18.22.950 Short title. This chapter shall be known as the Podiatric Physician and Surgeon Practice Act. [1990 c 147 § 19.] 18.22.950 18.22.230 (2008 Ed.) Chapter 18.25 Chapter 18.25 RCW CHIROPRACTIC Sections 18.25.002 18.25.003 18.25.005 18.25.006 18.25.011 18.25.0151 18.25.0161 Purpose. Regulation of health care professions—Criteria. "Chiropractic" defined. Definitions. License required. Commission established—Membership. Commission—Removal of member—Order of removal— Vacancy. [Title 18 RCW—page 59] 18.25.002 18.25.0165 18.25.0171 18.25.0172 18.25.019 18.25.0192 18.25.0193 18.25.0194 18.25.0195 18.25.0196 18.25.0197 18.25.020 18.25.025 18.25.030 18.25.035 18.25.040 18.25.070 18.25.075 18.25.080 18.25.090 18.25.100 18.25.112 18.25.180 18.25.190 18.25.200 18.25.210 18.25.900 Title 18 RCW: Businesses and Professions Commission—Qualifications of members. Commission—Duties and powers—Compensation—Rules. Commission successor to other boards, committee. Application of Uniform Disciplinary Act. Discrimination—Legislative finding and declaration. Discrimination—Acceptance of services required. Discrimination by governments prohibited. Discriminatory government contracts prohibited. Discrimination—Policy costs as additional compensation. Discrimination—Application of RCW 18.25.0192 through 18.25.0196. Applications—Qualifications—Fees. Accreditation of schools and colleges—Standards—Assistants for examinations authorized. Examinations—Subjects—Grades. Waiver of examination. Licensure by endorsement. License renewal—Continuing education—Rules. Inactive status. Health regulations. Use of credentials in written materials—Treatment by prayer not regulated. Prosecutions for violations. "Unprofessional conduct"—Additional definition—Prosecution. Employment of X-ray technicians—Rules. Exemptions—Jurisdiction of commission. Service and fee limitations by health care purchasers—Pilot projects. Pilot project—Commission—Authority over budget. Severability—Headings and captions not law—Effective date—1994 sp.s. c 9. Actions against, limitation of: RCW 4.16.350. Actions for negligence against, evidence and proof required to prevail: RCW 4.24.290. Health professions account—Fees credited—Requirements for biennial budget request—Unappropriated funds: RCW 43.70.320. Lien of doctors: Chapter 60.44 RCW. Rebating by practitioners of healing professions prohibited: Chapter 19.68 RCW. 18.25.002 Purpose. This chapter is enacted: (1) In the exercise of the police power of the state and to provide an adequate public agency to act as a disciplinary body for the members of the chiropractic profession licensed to practice chiropractic in this state; (2) Because the health and well-being of the people of this state are of paramount importance; (3) Because the conduct of members of the chiropractic profession licensed to practice chiropractic in this state plays a vital role in preserving the health and well-being of the people of the state; and (4) Because practicing other healing arts while licensed to practice chiropractic and while holding one’s self out to the public as a chiropractor affects the health and welfare of the people of the state. It is the purpose of the commission established under RCW 18.25.0151 to regulate the competency and quality of professional health care providers under its jurisdiction by establishing, monitoring, and enforcing qualifications for licensing, consistent standards of practice, continuing competency mechanisms, and discipline. Rules, policies, and procedures developed by the commission must promote the delivery of quality health care to the residents of the state. [1994 sp.s. c 9 § 101.] 18.25.002 18.25.003 Regulation of health care professions— Criteria. See chapter 18.120 RCW. 18.25.003 [Title 18 RCW—page 60] 18.25.005 "Chiropractic" defined. (1) Chiropractic is the practice of health care that deals with the diagnosis or analysis and care or treatment of the vertebral subluxation complex and its effects, articular dysfunction, and musculoskeletal disorders, all for the restoration and maintenance of health and recognizing the recuperative powers of the body. (2) Chiropractic treatment or care includes the use of procedures involving spinal adjustments and extremity manipulation. Chiropractic treatment also includes the use of heat, cold, water, exercise, massage, trigger point therapy, dietary advice and recommendation of nutritional supplementation, the normal regimen and rehabilitation of the patient, first aid, and counseling on hygiene, sanitation, and preventive measures. Chiropractic care also includes such physiological therapeutic procedures as traction and light, but does not include procedures involving the application of sound, diathermy, or electricity. (3) As part of a chiropractic differential diagnosis, a chiropractor shall perform a physical examination, which may include diagnostic x-rays, to determine the appropriateness of chiropractic care or the need for referral to other health care providers. The chiropractic quality assurance commission shall provide by rule for the type and use of diagnostic and analytical devices and procedures consistent with this chapter. (4) Chiropractic care shall not include the prescription or dispensing of any medicine or drug, the practice of obstetrics or surgery, the use of x-rays or any other form of radiation for therapeutic purposes, colonic irrigation, or any form of venipuncture. (5) Nothing in this chapter prohibits or restricts any other practitioner of a "health profession" defined in RCW 18.120.020(4) from performing any functions or procedures the practitioner is licensed or permitted to perform, and the term "chiropractic" as defined in this chapter shall not prohibit a practitioner licensed under chapter 18.71 RCW from performing medical procedures, except such procedures shall not include the adjustment by hand of any articulation of the spine. [2002 c 225 § 1; 1994 sp.s. c 9 § 102; 1992 c 241 § 2; 1974 ex.s. c 97 § 7.] 18.25.005 Intent—1992 c 241: "This act is intended to expand the scope of practice of chiropractic only with regard to adjustment of extremities in connection with a spinal adjustment." [1992 c 241 § 1.] Severability—1974 ex.s. c 97: See note following RCW 18.25.0192. 18.25.006 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Department" means the department of health. (2) "Secretary" means the secretary of the department of health or the secretary’s designee. (3) "Chiropractor" means an individual licensed under this chapter. (4) "Commission" means the Washington state chiropractic quality assurance commission. (5) "Vertebral subluxation complex" means a functional defect or alteration of the biomechanical and physiological dynamics in a joint that may cause neuronal disturbances, with or without displacement detectable by X-ray. The effects of the vertebral subluxation complex may include, but are not limited to, any of the following: Fixation, hypomobil18.25.006 (2008 Ed.) Chiropractic ity, hypermobility, periarticular muscle spasm, edema, or inflammation. (6) "Articular dysfunction" means an alteration of the biomechanical and physiological dynamics of a joint of the axial or appendicular skeleton. (7) "Musculoskeletal disorders" means abnormalities of the muscles, bones, and connective tissue. (8) "Chiropractic differential diagnosis" means a diagnosis to determine the existence of a vertebral subluxation complex, articular dysfunction, or musculoskeletal disorder, and the appropriateness of chiropractic care or the need for referral to other health care providers. (9) "Chiropractic adjustment" means chiropractic care of a vertebral subluxation complex, articular dysfunction, or musculoskeletal disorder. Such care includes manual or mechanical adjustment of any vertebral articulation and contiguous articulations beyond the normal passive physiological range of motion. (10) "Extremity manipulation" means a corrective thrust or maneuver applied to a joint of the appendicular skeleton. [2002 c 225 § 2; 1994 sp.s. c 9 § 103; 1992 c 241 § 3; 1991 c 3 § 36; 1989 c 258 § 12.] Intent—1992 c 241: See note following RCW 18.25.005. 18.25.011 License required. It is a violation of RCW 18.130.190 for any person to practice chiropractic in this state unless the person has obtained a license as provided in this chapter. [1987 c 150 § 14.] 18.25.011 Severability—1987 c 150: See RCW 18.122.901. 18.25.0151 Commission established—Membership. The Washington state chiropractic quality assurance commission is established, consisting of fourteen members appointed by the governor to four-year terms, and including eleven practicing chiropractors and three public members. No member may serve more than two consecutive full terms. In appointing the initial members of the commission, it is the intent of the legislature that, to the extent possible, the governor appoint members of the previous boards and committees regulating this profession to the commission. Members of the commission hold office until their successors are appointed. The governor may appoint the members of the initial commission to staggered terms of from one to four years. Thereafter, all members shall be appointed to full four-year terms. The governor may consider persons who are recommended for appointment by chiropractic associations of this state. [2000 c 171 § 5; 1994 sp.s. c 9 § 104.] 18.25.0151 18.25.0161 Commission—Removal of member— Order of removal—Vacancy. The governor may remove a member of the commission for neglect of duty, misconduct, or malfeasance or misfeasance in office. Whenever the governor is satisfied that a member of the commission has been guilty of neglect of duty, misconduct, or malfeasance or misfeasance in office, the governor shall file with the secretary of state a statement of the causes for and the order of removal from office, and the secretary shall forthwith send a certified copy of the order of removal and statement of causes by certified mail to the last known post office address of the member. If a vacancy occurs on the commission, the governor 18.25.0161 (2008 Ed.) 18.25.0172 shall appoint a replacement to fill the remainder of the unexpired term. [1994 sp.s. c 9 § 105.] 18.25.0165 Commission—Qualifications of members. Members must be citizens of the United States and residents of this state. Members must be licensed chiropractors for a period of five years before appointment. Public members of the commission may not be a member of any other health care licensing board or commission, or have a fiduciary obligation to a facility rendering health services regulated by the commission, or have a material or financial interest in the rendering of health services regulated by the commission. [1994 sp.s. c 9 § 106.] 18.25.0165 18.25.0171 Commission—Duties and powers—Compensation—Rules. The commission shall elect officers each year. Meetings of the commission are open to the public, except that the commission may hold executive sessions to the extent permitted by chapter 42.30 RCW. The secretary of health shall furnish such secretarial, clerical, and other assistance as the commission may require. Each member of the commission shall be compensated in accordance with RCW 43.03.265. Members shall be reimbursed for travel expenses incurred in the actual performance of their duties, as provided in RCW 43.03.050 and 43.03.060. A majority of the commission members appointed and serving constitutes a quorum for the transaction of commission business. The affirmative vote of a majority of a quorum of the commission is required to carry a motion or resolution, to adopt a rule, or to pass a measure. The commission may appoint members of panels of at least three members. A quorum for transaction of any business by a panel is a minimum of three members. A majority vote of a quorum of the panel is required to transact business delegated to it by the commission. The members of the commission are immune from suit in an action, civil or criminal, based upon its disciplinary proceedings or other official acts performed in good faith as members of the commission. The commission may, whenever the workload of the commission requires, request that the secretary appoint pro tempore members. While serving as members pro tempore persons have all the powers, duties, and immunities, and are entitled to the emoluments, including travel expenses, of the commission. The commission shall prepare or determine the nature of the examinations for applicants to practice chiropractic. The commission may adopt such rules as are consistent with this chapter as may be deemed necessary and proper to carry out the purposes of this chapter. [1999 c 366 § 2; 1994 sp.s. c 9 § 107.] 18.25.0171 18.25.0172 Commission successor to other boards, committee. The commission is the successor in interest of the board of chiropractic examiners, the chiropractic disciplinary board, and the chiropractic peer review committee. All contracts, undertakings, agreements, rules, regulations, and policies of those bodies continue in full force and effect on July 1, 1994, unless otherwise repealed or rejected by 18.25.0172 [Title 18 RCW—page 61] 18.25.019 Title 18 RCW: Businesses and Professions chapter 9, Laws of 1994 sp. sess. or by the commission. [1994 sp.s. c 9 § 119.] by their licenses. [1974 ex.s. c 97 § 4. Formerly RCW 18.25.150.] Severability—1974 ex.s. c 97: See note following RCW 18.25.0192. 18.25.019 Application of Uniform Disciplinary Act. The Uniform Disciplinary Act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [1994 sp.s. c 9 § 108; 1987 c 150 § 12; 1986 c 259 § 21.] 18.25.019 Severability—1987 c 150: See RCW 18.122.901. Severability—1986 c 259: See note following RCW 18.130.010. 18.25.0192 Discrimination—Legislative finding and declaration. The legislature finds and declares that the costs of health care to the people are rising disproportionately to other costs and that there is a paramount concern that the right of the people to obtain access to health care in all its facets is being impaired thereby. For this reason, the reliance on the mechanism of health care service contractors, whether profit or nonprofit, is the only effective manner in which the large majority of the people can attain access to quality health care, and it is therefore declared to be in the public interest that health care service contractors be regulated to assure that all the people have access to health care to the greatest extent possible. Chapter 97, Laws of 1974 ex. sess., prohibiting discrimination against the legally recognized and licensed profession of chiropractic, is necessary in the interest of the public health, welfare, and safety. [1974 ex.s. c 97 § 1. Formerly RCW 18.25.120.] 18.25.0192 Severability—1974 ex.s. c 97: "If any provision of this 1974 amendatory act, or its application to any person or circumstance, is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1974 ex.s. c 97 § 16.] 18.25.0193 Discrimination—Acceptance of services required. Notwithstanding any other provision of law, the state and its political subdivisions shall accept the services of licensed chiropractors for any service covered by their licenses with relation to any person receiving benefits, salaries, wages, or any other type of compensation from the state, its agencies or subdivisions. [1974 ex.s. c 97 § 2. Formerly RCW 18.25.130.] 18.25.0193 Severability—1974 ex.s. c 97: See note following RCW 18.25.0192. 18.25.0194 Discrimination by governments prohibited. The state and its political subdivisions, and all officials, agents, employees, or representatives thereof, are prohibited from in any way discriminating against licensed chiropractors in performing and receiving compensation for services covered by their licenses. [1974 ex.s. c 97 § 3. Formerly RCW 18.25.140.] 18.25.0194 Severability—1974 ex.s. c 97: See note following RCW 18.25.0192. 18.25.0195 Discriminatory government contracts prohibited. Notwithstanding any other provision of law, the state and its political subdivisions, and all officials, agents, employees, or representatives thereof, are prohibited from entering into any agreement or contract with any individual, group, association, or corporation which in any way, directly or indirectly, discriminates against licensed chiropractors in performing and receiving compensation for services covered 18.25.0195 [Title 18 RCW—page 62] 18.25.0196 Discrimination—Policy costs as additional compensation. Notwithstanding any other provision of law, for the purpose of RCW 18.25.0192 through 18.25.0195 and 18.25.0197 it is immaterial whether the cost of any policy, plan, agreement, or contract be deemed additional compensation for services, or otherwise. [2000 c 171 § 6; 1974 ex.s. c 97 § 5. Formerly RCW 18.25.160.] 18.25.0196 Severability—1974 ex.s. c 97: See note following RCW 18.25.0192. 18.25.0197 Discrimination—Application of RCW 18.25.0192 through 18.25.0196. RCW 18.25.0192 through 18.25.0196 shall apply to all agreements, renewals, or contracts issued on or after July 24, 1974. [2000 c 171 § 7; 1974 ex.s. c 97 § 6. Formerly RCW 18.25.170.] 18.25.0197 Severability—1974 ex.s. c 97: See note following RCW 18.25.0192. 18.25.020 Applications—Qualifications—Fees. (1) Any person not now licensed to practice chiropractic in this state and who desires to practice chiropractic in this state, before it shall be lawful for him or her to do so, shall make application therefor to the secretary, upon such form and in such manner as may be adopted and directed by the secretary. Each applicant who matriculates to a chiropractic college after January 1, 1975, shall have completed not less than onehalf of the requirements for a baccalaureate degree at an accredited and approved college or university and shall be a graduate of a chiropractic school or college accredited and approved by the commission and shall show satisfactory evidence of completion by each applicant of a resident course of study of not less than four thousand classroom hours of instruction in such school or college. Applications shall be in writing and shall be signed by the applicant in his or her own handwriting and shall be sworn to before some officer authorized to administer oaths, and shall recite the history of the applicant as to his or her educational advantages, his or her experience in matters pertaining to a knowledge of the care of the sick, how long he or she has studied chiropractic, under what teachers, what collateral branches, if any, he or she has studied, the length of time he or she has engaged in clinical practice; accompanying the same by reference therein, with any proof thereof in the shape of diplomas, certificates, and shall accompany said application with satisfactory evidence of good character and reputation. (2) Applicants shall follow administrative procedures and administrative requirements and pay fees as provided in RCW 43.70.250 and 43.70.280. [1996 c 191 § 8; 1994 sp.s. c 9 § 109; 1991 c 3 § 38; 1989 c 258 § 3; 1985 c 7 § 14; 1975 1st ex.s. c 30 § 19; 1974 ex.s. c 97 § 9; 1959 c 53 § 3; 1919 c 5 § 5; RRS § 10100.] 18.25.020 Severability—1974 ex.s. c 97: See note following RCW 18.25.0192. 18.25.025 Accreditation of schools and colleges— Standards—Assistants for examinations authorized. The commission shall have authority to grant accreditation to chiropractic schools and colleges. 18.25.025 (2008 Ed.) Chiropractic The commission shall have authority to adopt educational standards which may include standards of any accreditation agency recognized by the office of education of the department of health and human services or its successor agency, or any portion of such standards, as the commission’s standards: PROVIDED, That such standards, so adopted, shall contain, as a minimum of on-campus instruction in chiropractic, the following: Principles of chiropractic, two hundred hours; adjustive technique, four hundred hours; spinal roentgenology, one hundred seventy-five hours; symptomatology and diagnosis, four hundred twenty-five hours; clinic, six hundred twenty-five hours: PROVIDED FURTHER, That such standards shall not mandate, as a requirement for either graduation or accreditation, or include in the computation of hours of chiropractic instruction required by this section, instruction in the following: Mechanotherapy, physiotherapy, acupuncture, acupressure, or any other therapy. The commission shall approve and accredit chiropractic colleges and schools which apply for commission accreditation and approval and which meet to the commission’s satisfaction the educational standards adopted by the commission. It shall be the responsibility of the college to apply for accreditation and approval, and of a student to ascertain whether a college or school has been accredited or approved by the commission. The commission shall have authority to engage assistants in the giving of examinations called for under this chapter. [1994 sp.s. c 9 § 110; 1980 c 51 § 3.] Severability—1980 c 51: "If any provision of this 1980 act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1980 c 51 § 6.] 18.25.030 Examinations—Subjects—Grades. Examinations for license to practice chiropractic shall be developed and administered, or approved, or both, by the commission according to the method deemed by it to be the most practicable and expeditious to test the applicant’s qualifications. The commission may approve an examination prepared or administered by a private testing agency or association of licensing authorities. The applicant shall be designated by a number instead of his or her name, so that the identity shall not be discovered or disclosed to the members of the commission until after the examination papers are graded. Examination subjects may include the following: Anatomy, physiology, spinal anatomy, microbiology-public health, general diagnosis, neuromuscularskeletal diagnosis, X-ray, principles of chiropractic and adjusting, as taught by chiropractic schools and colleges, and any other subject areas consistent with chapter 18.25 RCW. The commission shall set the standards for passing the examination. The commission may enact additional requirements for testing administered by the national board of chiropractic examiners. [1995 c 198 § 1; 1994 sp.s. c 9 § 111; 1989 c 258 § 4; 1974 ex.s. c 97 § 10; 1959 c 53 § 4; 1919 c 5 § 6; RRS § 10101.] 18.25.030 Severability—1974 ex.s. c 97: See note following RCW 18.25.0192. Hiring assistants for examinations: RCW 18.25.025. 18.25.035 Waiver of examination. The commission may, in its discretion, waive any examination required by this 18.25.035 (2008 Ed.) 18.25.075 chapter of persons applying for a license to practice chiropractic if, in its opinion, the applicant has successfully passed an examination conducted by the national board of chiropractic examiners of the United States that is of equal or greater difficulty than the examination being waived by the commission. [1994 sp.s. c 9 § 112; 1971 ex.s. c 227 § 5.] 18.25.040 Licensure by endorsement. Persons licensed to practice chiropractic under the laws of any other state, territory of the United States, the District of Columbia, Puerto Rico, or province of Canada, having qualifications substantially equivalent to those required by this chapter, may, in the discretion of the commission, and after such examination as may be required by rule of the commission, be issued a license to practice in this state without further examination, upon payment of a fee determined by the secretary as provided in RCW 43.70.250. [1994 sp.s. c 9 § 113; 1991 c 320 § 8; 1991 c 3 § 39; 1985 c 7 § 15; 1975 1st ex.s. c 30 § 20; 1971 ex.s. c 227 § 6; 1919 c 5 § 14; RRS § 10108.] 18.25.040 18.25.070 License renewal—Continuing education— Rules. Every person practicing chiropractic shall, as a prerequisite to renewal of license, submit to the secretary at the time of application therefor, satisfactory proof showing attendance of at least twenty-five hours per year during the preceding credential period, at one or more chiropractic symposiums which are recognized and approved by the commission. The commission may, for good cause shown, waive said attendance. The following guidelines for such symposiums shall apply: (1) The commission shall set criteria for the course content of educational symposia concerning matters which are recognized by the state of Washington chiropractic licensing laws; it shall be the licensee’s responsibility to determine whether the course content meets these criteria; (2) The commission shall adopt standards for distribution of annual continuing education credit requirements; (3) Rules shall be adopted by the commission for licensees practicing and residing outside the state who shall meet all requirements established by rule of the commission. [1996 c 191 § 9; 1994 sp.s. c 9 § 114; 1991 c 3 § 40; 1989 c 258 § 5; 1985 c 7 § 17; 1980 c 51 § 2; 1975 1st ex.s. c 30 § 22; 1974 ex.s. c 97 § 11; 1971 ex.s. c 266 § 5; 1959 c 53 § 5; 1919 c 5 § 10; RRS § 10105.] 18.25.070 Severability—1980 c 51: See note following RCW 18.25.025. Severability—1974 ex.s. c 97: See note following RCW 18.25.0192. 18.25.075 Inactive status. (1) An individual may place his or her license on inactive status. The holder of an inactive license shall not practice chiropractic in this state without first activating the license. (2) The inactive renewal fee shall be established by the secretary pursuant to RCW 43.70.250. Failure to renew an inactive license shall result in cancellation in the same manner as an active license. (3) An inactive license may be placed in an active status upon compliance with the rules established by the commission. (4) The provisions relating to the denial, suspension, and revocation of a license shall be applicable to an inactive 18.25.075 [Title 18 RCW—page 63] 18.25.080 Title 18 RCW: Businesses and Professions license, except that when proceedings to suspend or revoke an inactive license have been initiated, the license shall remain inactive until the proceedings have been completed. [1994 sp.s. c 9 § 115; 1991 c 3 § 41; 1989 c 258 § 14.] 18.25.080 Health regulations. Chiropractic practitioners shall observe and be subject to all state and municipal regulations relating to the control of contagious and infectious diseases, sign death certificates and any and all matters pertaining to public health, reporting to the proper health officers the same as other practitioners. [1919 c 5 § 12; RRS § 10107.] 18.25.080 18.25.090 Use of credentials in written materials— Treatment by prayer not regulated. On all cards, books, papers, signs or other written or printed means of giving information to the public, used by those licensed by this chapter to practice chiropractic, the practitioner shall use after or below his or her name the term chiropractor, chiropractic physician, D.C., or D.C.Ph.C., designating his or her line of drugless practice, and shall not use the letters M.D. or D.O.: PROVIDED, That the word doctor or "Dr." or physician may be used only in conjunction with the word "chiropractic" or "chiropractor". Nothing in this chapter shall be held to apply to or to regulate any kind of treatment by prayer. [1991 c 320 § 9; 1989 c 258 § 6; 1986 c 259 § 24; 1981 c 277 § 3; 1971 ex.s. c 227 § 7; 1919 c 5 § 15; RRS § 10109.] 18.25.090 Severability—1986 c 259: See note following RCW 18.130.010. 18.25.100 Prosecutions for violations. It shall be the duty of the several prosecuting attorneys of this state to prosecute all persons charged with the violation of any of the provisions of this chapter. It shall be the duty of the secretary to aid said attorneys of this state in the enforcement of this chapter. [1991 c 3 § 42; 1919 c 5 § 16; RRS § 10110.] 18.25.100 18.25.112 "Unprofessional conduct"—Additional definition—Prosecution. (1) In addition to those acts defined in chapter 18.130 RCW, the term "unprofessional conduct" as used in this chapter includes failing to differentiate chiropractic care from any and all other methods of healing at all times. (2) Proceedings involving alleged unprofessional conduct shall be prosecuted by the attorney general upon the direction of the commission. [1994 sp.s. c 9 § 116.] 18.25.112 18.25.180 Employment of X-ray technicians—Rules. (1) A chiropractor may employ a technician to operate X-ray equipment after the technician has registered with the commission. (2) The commission may adopt rules necessary and appropriate to carry out the purposes of this section. [1994 sp.s. c 9 § 117; 1991 c 222 § 9.] 18.25.180 Effective date—1991 c 222: See RCW 18.84.903. 18.25.190 Exemptions—Jurisdiction of commission. Nothing in this chapter shall be construed to prohibit: (1) The temporary practice in this state of chiropractic by any chiropractor licensed by another state, territory, or coun18.25.190 [Title 18 RCW—page 64] try in which he or she resides. However, the chiropractor shall not establish a practice open to the general public and shall not engage in temporary practice under this section for a period longer than thirty days. The chiropractor shall register his or her intention to engage in the temporary practice of chiropractic in this state with the commission before engaging in the practice of chiropractic, and shall agree to be bound by such conditions as may be prescribed by rule by the commission. (2) The practice of chiropractic, except the administration of a chiropractic adjustment, by a person who is a regular senior student in an accredited school of chiropractic approved by the commission if the practice is part of a regular course of instruction offered by the school and the student is under the direct supervision and control of a chiropractor duly licensed pursuant to this chapter and approved by the commission. (3) The practice of chiropractic by a person serving a period of postgraduate chiropractic training in a program of clinical chiropractic training sponsored by a school of chiropractic accredited in this state if the practice is part of his or her duties as a clinical postgraduate trainee and the trainee is under the direct supervision and control of a chiropractor duly licensed pursuant to this chapter and approved by the commission. (4) The practice of chiropractic by a person who is eligible and has applied to take the next available examination for licensing offered by the commission, except that the unlicensed chiropractor must provide all services under the direct control and supervision of a licensed chiropractor approved by the commission. The unlicensed chiropractor may continue to practice as provided by this subsection until the results of the next available examination are published, but in no case for a period longer than six months. The commission shall adopt rules necessary to effectuate the intent of this subsection. Any provision of chiropractic services by any individual under subsection (1), (2), (3), or (4) of this section shall be subject to the jurisdiction of the commission as provided in chapter 18.130 RCW. [2000 c 171 § 8; 1994 sp.s. c 9 § 118; 1991 c 320 § 10.] 18.25.200 Service and fee limitations by health care purchasers—Pilot projects. All state health care purchasers shall have the authority to set service and fee limitations on chiropractic costs. The health care authority shall establish pilot projects in defined geographic regions of the state to contract with organizations of chiropractors for a prepaid capitated amount. [1992 c 241 § 4.] 18.25.200 Intent—1992 c 241: See note following RCW 18.25.005. 18.25.210 Pilot project—Commission—Authority over budget. (1) The commission may conduct a pilot project to evaluate the effect of granting the commission additional authority over budget development, spending, and staffing. If the commission intends to conduct a pilot project, it must provide a notice in writing to the secretary by June 1, 2008. If the commission chooses to conduct a pilot project, the pilot project shall begin on July 1, 2008, and conclude on June 30, 2013. 18.25.210 (2008 Ed.) Registration of Contractors (2) The pilot project shall include the following provisions: (a) That the secretary shall employ an executive director that is: (i) Hired by and serves at the pleasure of the commission; (ii) Exempt from the provisions of the civil service law, chapter 41.06 RCW and whose salary is established by the commission in accordance with RCW 43.03.028 and 42.17.370; and (iii) Responsible for performing all administrative duties of the commission, including preparing an annual budget, and any other duties as delegated to the executive director by the commission; (b) Consistent with the budgeting and accounting act: (i) With regard to budget for the remainder of the 20072009 biennium, the commission has authority to spend the remaining funds allocated with respect to chiropractors licensed under this chapter; and (ii) Beginning with the 2009-2011 biennium, the commission is responsible for proposing its own biennial budget which the secretary must submit to the office of financial management; (c) That, prior to adopting credentialing fees under RCW 43.70.250, the secretary shall collaborate with the commission to determine the appropriate fees necessary to support the activities of the commission; (d) That, prior to the secretary exercising the secretary’s authority to adopt uniform rules and guidelines, or any other actions that might impact the licensing or disciplinary authority of the commission, the secretary shall first meet with the commission to determine how those rules or guidelines, or changes to rules or guidelines, might impact the commission’s ability to effectively carry out its statutory duties. If the commission, in consultation with the secretary, determines that the proposed rules or guidelines, or changes to existing rules or guidelines, will negatively impact the commission’s ability to effectively carry out its statutory duties, then the individual commission shall collaborate with the secretary to develop alternative solutions to mitigate the impacts. If an alternative solution cannot be reached, the parties may resolve the dispute through a mediator as set forth in (f) of this subsection; (e) That the commission shall negotiate with the secretary to develop performance-based expectations, including identification of key performance measures. The performance expectations should focus on consistent, timely regulation of health care professionals; and (f) That in the event there is a disagreement between the commission and the secretary, that is unable to be resolved through negotiation, a representative of both parties shall agree on the designation of a third party to mediate the dispute. (3) By December 15, 2013, the secretary, the commission, and the other commissions conducting similar pilot projects under RCW 18.71.430, 18.79.390, and 18.32.765, shall report to the governor and the legislature on the results of the pilot project. The report shall: (a) Compare the effectiveness of licensing and disciplinary activities of each commission during the pilot project with the licensing and disciplinary activities of the commis(2008 Ed.) Chapter 18.27 sion prior to the pilot project and the disciplinary activities of other disciplining authorities during the same time period as the pilot project; (b) Compare the efficiency of each commission with respect to the timeliness and personnel resources during the pilot project to the efficiency of the commission prior to the pilot project and the efficiency of other disciplining authorities during the same period as the pilot project; (c) Compare the budgetary activity of each commission during the pilot project to the budgetary activity of the commission prior to the pilot project and to the budgetary activity of other disciplining authorities during the same period as the pilot project; (d) Evaluate each commission’s regulatory activities, including timelines, consistency of decision making, and performance levels in comparison to other disciplining authorities; and (e) Review summaries of national research and data regarding regulatory effectiveness and patient safety. (4) The secretary shall employ staff that are hired and managed by the executive director provided that nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement. [2008 c 134 § 31.] Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020. 18.25.900 Severability—Headings and captions not law—Effective date—1994 sp.s. c 9. See RCW 18.79.900 through 18.79.902. 18.25.900 Chapter 18.27 Chapter 18.27 RCW REGISTRATION OF CONTRACTORS Sections 18.27.005 18.27.010 18.27.020 18.27.030 18.27.040 18.27.050 18.27.060 18.27.065 18.27.070 18.27.075 18.27.080 18.27.090 18.27.100 18.27.102 18.27.104 18.27.110 18.27.111 18.27.114 18.27.117 18.27.120 18.27.125 18.27.130 18.27.140 18.27.200 18.27.205 Strict enforcement. Definitions. Registration required—Prohibited acts—Criminal penalty— Monitoring program. Application for registration—Grounds for denial and suspension. Bond or other security required—Actions against—Suspension of registration upon impairment. Insurance or financial responsibility required—Suspension of registration upon impairment. Certificate of registration—Issuance, duration, renewal—Suspension—Single registration/licensing document for those qualifying as both general and electrical contractor. Partnership or joint venture deemed registered, when. Fees. Fees for issuing or renewing certificate of registration. Registration prerequisite to suit. Exemptions. Business practices—Advertising—Penalty. Unlawful advertising—Liability. Unlawful advertising—Citations. Building permits—Verification of registration required— Responsibilities of issuing entity—Penalties. Public works, contracts with unregistered contractors prohibited. Disclosure statement required—Prerequisite to lien claim. Violations relating to mobile/manufactured homes. List of registered contractors—Availability, fee. Rules. Chapter exclusive—Certain authority of cities and towns not limited or abridged. Purpose. Violation—Infraction. Violations or infractions—Penalties—Subject to RCW 39.12.055. [Title 18 RCW—page 65] 18.27.005 18.27.210 18.27.215 18.27.220 18.27.225 18.27.230 18.27.240 18.27.250 18.27.260 18.27.270 18.27.290 18.27.300 18.27.310 18.27.320 18.27.340 18.27.342 18.27.350 18.27.360 18.27.370 18.27.380 18.27.385 18.27.390 18.27.900 Title 18 RCW: Businesses and Professions Violations—Investigations—Evidence. Authority of director—Evidence. Investigations—Penalty for failure to identify contractor. Violations—Restraining orders—Injunctions. Notice of infraction—Service. Notice—Contents. Notice—Filing—Administrative hearing—Appeal. Notice—Determination infraction committed. Notice—Response—Failure to respond, appear, pay penalties, or register. Notice—Penalty for contractor failing to respond. Representation by attorney, attorney general. Infraction—Administrative hearing—Procedure—Burden of proof—Order—Appeal. Infraction—Dismissal, when. Infraction—Monetary penalty. Report to the legislature. Violations—Consumer Protection Act. Certificate of registration suspension—Nonpayment or default on educational loan or scholarship. Unregistered contractor—Defaults in payment—Notice of assessment—Warrant—Notice and order, withhold property—Service—Civil penalties. Consumer/contractor awareness of chapter. Marketing campaign. Finding—Unregistered contractors enforcement team. Severability—1963 c 77. Actions or claims for construction of improvements upon real property, accrual and limitations upon: RCW 4.16.300 through 4.16.320. 18.27.005 Strict enforcement. This chapter shall be strictly enforced. Therefore, the doctrine of substantial compliance shall not be used by the department in the application and construction of this chapter. Anyone engaged in the activities of a contractor is presumed to know the requirements of this chapter. [1997 c 314 § 1.] 18.27.005 18.27.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Contractor" includes any person, firm, corporation, or other entity who or which, in the pursuit of an independent business undertakes to, or offers to undertake, or submits a bid to, construct, alter, repair, add to, subtract from, improve, develop, move, wreck, or demolish any building, highway, road, railroad, excavation or other structure, project, development, or improvement attached to real estate or to do any part thereof including the installation of carpeting or other floor covering, the erection of scaffolding or other structures or works in connection therewith, the installation or repair of roofing or siding, performing tree removal services, or cabinet or similar installation; or, who, to do similar work upon his or her own property, employs members of more than one trade upon a single job or project or under a single building permit except as otherwise provided in this chapter. "Contractor" also includes a consultant acting as a general contractor. "Contractor" also includes any person, firm, corporation, or other entity covered by this subsection, whether or not registered as required under this chapter or who are otherwise required to be registered or licensed by law, who offer to sell their property without occupying or using the structures, projects, developments, or improvements for more than one year from the date the structure, project, development, or improvement was substantially completed or abandoned. (2) "Department" means the department of labor and industries. 18.27.010 [Title 18 RCW—page 66] (3) "Director" means the director of the department of labor and industries or designated representative employed by the department. (4) "Filing" means delivery of a document that is required to be filed with an agency to a place designated by the agency. (5) "General contractor" means a contractor whose business operations require the use of more than one building trade or craft upon a single job or project or under a single building permit. A general contractor also includes one who superintends, or consults on, in whole or in part, work falling within the definition of a contractor. (6) "Notice of infraction" means a form used by the department to notify contractors that an infraction under this chapter has been filed against them. (7) "Partnership" means a business formed under Title 25 RCW. (8) "Registration cancellation" means a written notice from the department that a contractor’s action is in violation of this chapter and that the contractor’s registration has been revoked. (9) "Registration suspension" means either an automatic suspension as provided in this chapter, or a written notice from the department that a contractor’s action is a violation of this chapter and that the contractor’s registration has been suspended for a specified time, or until the contractor shows evidence of compliance with this chapter. (10) "Residential homeowner" means an individual person or persons owning or leasing real property: (a) Upon which one single-family residence is to be built and in which the owner or lessee intends to reside upon completion of any construction; or (b) Upon which there is a single-family residence to which improvements are to be made and in which the owner or lessee intends to reside upon completion of any construction. (11) "Service," except as otherwise provided in RCW 18.27.225 and 18.27.370, means posting in the United States mail, properly addressed, postage prepaid, return receipt requested, or personal service. Service by mail is complete upon deposit in the United States mail to the last known address provided to the department. (12) "Specialty contractor" means a contractor whose operations do not fall within the definition of "general contractor". A specialty contractor may only subcontract work that is incidental to the specialty contractor’s work. (13) "Substantial completion" means the same as "substantial completion of construction" in RCW 4.16.310. (14) "Unregistered contractor" means a person, firm, corporation, or other entity doing work as a contractor without being registered in compliance with this chapter. "Unregistered contractor" includes contractors whose registration is expired, revoked, or suspended. "Unregistered contractor" does not include a contractor who has maintained a valid bond and the insurance or assigned account required by RCW 18.27.050, and whose registration has lapsed for thirty or fewer days. (15) "Unsatisfied final judgment" means a judgment or final tax warrant that has not been satisfied either through payment, court approved settlement, discharge in bankruptcy, or assignment under RCW 19.72.070. (2008 Ed.) Registration of Contractors (16) "Verification" means the receipt and duplication by the city, town, or county of a contractor registration card that is current on its face, checking the department’s contractor registration database, or calling the department to confirm that the contractor is registered. [2007 c 436 § 1; 2001 c 159 § 1; 1997 c 314 § 2; 1993 c 454 § 2; 1973 1st ex.s. c 153 § 1; 1972 ex.s. c 118 § 1; 1967 c 126 § 5; 1963 c 77 § 1.] Finding—1993 c 454: "The legislature finds that unregistered contractors are a serious threat to the general public and are costing the state millions of dollars each year in lost revenue. To assist in solving this problem, the department of labor and industries and the department of revenue should coordinate and communicate with each other to identify unregistered contractors." [1993 c 454 § 1.] Effective date—1963 c 77: "This act shall take effect August 1, 1963." [1963 c 77 § 12.] 18.27.020 Registration required—Prohibited acts— Criminal penalty—Monitoring program. (1) Every contractor shall register with the department. (2) It is a gross misdemeanor for any contractor to: (a) Advertise, offer to do work, submit a bid, or perform any work as a contractor without being registered as required by this chapter; (b) Advertise, offer to do work, submit a bid, or perform any work as a contractor when the contractor’s registration is suspended or revoked; (c) Use a false or expired registration number in purchasing or offering to purchase an advertisement for which a contractor registration number is required; (d) Transfer a valid registration to an unregistered contractor or allow an unregistered contractor to work under a registration issued to another contractor; or (e) Subcontract to or use an unregistered contractor. (3) It is not unlawful for a registered contractor to employ an unregistered contractor who was registered at the time he or she entered into a contract with the registered contractor, unless the registered contractor or his or her representative has been notified in writing by the department of labor and industries that the contractor has become unregistered. (4) All gross misdemeanor actions under this chapter shall be prosecuted in the county where the infraction occurs. (5) A person is guilty of a separate gross misdemeanor for each day worked if, after the person receives a citation from the department, the person works while unregistered, or while his or her registration is suspended or revoked, or works under a registration issued to another contractor. A person is guilty of a separate gross misdemeanor for each worksite on which he or she violates subsection (2) of this section. Nothing in this subsection applies to a registered contractor. (6) The director by rule shall establish a two-year audit and monitoring program for a contractor not registered under this chapter who becomes registered after receiving an infraction or conviction under this chapter as an unregistered contractor. The director shall notify the departments of revenue and employment security of the infractions or convictions and shall cooperate with these departments to determine whether any taxes or registration, license, or other fees or penalties are owed the state. [2007 c 436 § 2; 1997 c 314 § 3; 1993 c 454 § 6; 1987 c 362 § 1; 1986 c 197 § 1; 1983 1st ex.s. c 2 § 17; 1973 1st ex.s. c 153 § 2; 1963 c 77 § 2.] 18.27.020 Finding—1993 c 454: See note following RCW 18.27.010. (2008 Ed.) 18.27.030 Effective date—1983 1st ex.s. c 2: See note following RCW 18.27.200. Violations as infractions: RCW 18.27.200. 18.27.030 Application for registration—Grounds for denial and suspension. (1) An applicant for registration as a contractor shall submit an application under oath upon a form to be prescribed by the director and which shall include the following information pertaining to the applicant: (a) Employer social security number. (b) Unified business identifier number. (c) Evidence of workers’ compensation coverage for the applicant’s employees working in Washington, as follows: (i) The applicant’s industrial insurance account number issued by the department; (ii) The applicant’s self-insurer number issued by the department; or (iii) For applicants domiciled in a state or province of Canada subject to an agreement entered into under RCW 51.12.120(7), as permitted by the agreement, filing a certificate of coverage issued by the agency that administers the workers’ compensation law in the applicant’s state or province of domicile certifying that the applicant has secured the payment of compensation under the other state’s or province’s workers’ compensation law. (d) Employment security department number. (e) Unified business identifier (UBI) account number may be substituted for the information required by (c) and (d) of this subsection if the applicant will not employ employees in Washington. (f) Type of contracting activity, whether a general or a specialty contractor and if the latter, the type of specialty. (g) The name and address of each partner if the applicant is a firm or partnership, or the name and address of the owner if the applicant is an individual proprietorship, or the name and address of the corporate officers and statutory agent, if any, if the applicant is a corporation or the name and address of all members of other business entities. The information contained in such application is a matter of public record and open to public inspection. (2) The department may verify the workers’ compensation coverage information provided by the applicant under subsection (1)(c) of this section, including but not limited to information regarding the coverage of an individual employee of the applicant. If coverage is provided under the laws of another state, the department may notify the other state that the applicant is employing employees in Washington. (3)(a) The department shall deny an application for registration if: (i) The applicant has been previously performing work subject to this chapter as a sole proprietor, partnership, corporation, or other entity and the department has notice that the applicant has an unsatisfied final judgment against him or her in an action based on work performed subject to this chapter or the applicant owes the department money for penalties assessed or fees due under this chapter as a result of a final judgment; (ii) the applicant was an owner, principal, or officer of a partnership, corporation, or other entity that either has an unsatisfied final judgment against it in an action that was incurred for work performed subject to this chapter or owes the department money for penalties assessed or fees due 18.27.030 [Title 18 RCW—page 67] 18.27.040 Title 18 RCW: Businesses and Professions under this chapter as a result of a final judgment; (iii) the applicant does not have a valid unified business identifier number; (iv) the department determines that the applicant has falsified information on the application, unless the error was inadvertent; or (v) the applicant does not have an active and valid certificate of registration with the department of revenue. (b) The department shall suspend an active registration if (i) the department has determined that the registrant has an unsatisfied final judgment against it for work within the scope of this chapter; (ii) the department has determined that the registrant is a sole proprietor or an owner, principal, or officer of a registered contractor that has an unsatisfied final judgment against it for work within the scope of this chapter; (iii) the registrant does not maintain a valid unified business identifier number; (iv) the department has determined that the registrant falsified information on the application, unless the error was inadvertent; or (v) the registrant does not have an active and valid certificate of registration with the department of revenue. (c) The department may suspend an active registration if the department has determined that an owner, principal, partner, or officer of the registrant was an owner, principal, or officer of a previous partnership, corporation, or other entity that has an unsatisfied final judgment against it. (4) The department shall not deny an application or suspend a registration because of an unsatisfied final judgment if the applicant’s or registrant’s unsatisfied final judgment was determined by the director to be the result of the fraud or negligence of another party. [2008 c 120 § 1; 2007 c 436 § 3; 2001 c 159 § 2; 1998 c 279 § 3; 1997 c 314 § 4; 1996 c 147 § 1; 1992 c 217 § 1; 1988 c 285 § 1. Prior: 1987 c 362 § 2; 1987 c 111 § 9; 1973 1st ex.s. c 153 § 3; 1963 c 77 § 3.] Conflict with federal requirements—2008 c 120: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [2008 c 120 § 15.] Severability—2008 c 120: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2008 c 120 § 16.]. Finding—Intent—1998 c 279: See note following RCW 51.12.120. Conflict with federal requirements—Severability—Effective date— 1987 c 111: See notes following RCW 50.12.220. 18.27.040 Bond or other security required—Actions against—Suspension of registration upon impairment. (1) Each applicant shall file with the department a surety bond issued by a surety insurer who meets the requirements of chapter 48.28 RCW in the sum of twelve thousand dollars if the applicant is a general contractor and six thousand dollars if the applicant is a specialty contractor. If no valid bond is already on file with the department at the time the application is filed, a bond must accompany the registration application. The bond shall have the state of Washington named as obligee with good and sufficient surety in a form to be approved by the department. The bond shall be continuous and may be canceled by the surety upon the surety giving 18.27.040 [Title 18 RCW—page 68] written notice to the director. A cancellation or revocation of the bond or withdrawal of the surety from the bond automatically suspends the registration issued to the contractor until a new bond or reinstatement notice has been filed and approved as provided in this section. The bond shall be conditioned that the applicant will pay all persons performing labor, including employee benefits, for the contractor, will pay all taxes and contributions due to the state of Washington, and will pay all persons furnishing material or renting or supplying equipment to the contractor and will pay all amounts that may be adjudged against the contractor by reason of breach of contract including improper work in the conduct of the contracting business. A change in the name of a business or a change in the type of business entity shall not impair a bond for the purposes of this section so long as one of the original applicants for such bond maintains partial ownership in the business covered by the bond. (2) At the time of initial registration or renewal, the contractor shall provide a bond or other security deposit as required by this chapter and comply with all of the other provisions of this chapter before the department shall issue or renew the contractor’s certificate of registration. Any contractor registered as of July 1, 2001, who maintains that registration in accordance with this chapter is in compliance with this chapter until the next renewal of the contractor’s certificate of registration. (3) Any person, firm, or corporation having a claim against the contractor for any of the items referred to in this section may bring suit against the contractor and the bond or deposit in the superior court of the county in which the work was done or of any county in which jurisdiction of the contractor may be had. The surety issuing the bond shall be named as a party to any suit upon the bond. Action upon the bond or deposit brought by a residential homeowner for breach of contract by a party to the construction contract shall be commenced by filing the summons and complaint with the clerk of the appropriate superior court within two years from the date the claimed contract work was substantially completed or abandoned, whichever occurred first. Action upon the bond or deposit brought by any other authorized party shall be commenced by filing the summons and complaint with the clerk of the appropriate superior court within one year from the date the claimed labor was performed and benefits accrued, taxes and contributions owing the state of Washington became due, materials and equipment were furnished, or the claimed contract work was substantially completed or abandoned, whichever occurred first. Service of process in an action filed under this chapter against the contractor and the contractor’s bond or the deposit shall be exclusively by service upon the department. Three copies of the summons and complaint and a fee adopted by rule of not less than fifty dollars to cover the costs shall be served by registered or certified mail, or other delivery service requiring notice of receipt, upon the department at the time suit is started and the department shall maintain a record, available for public inspection, of all suits so commenced. Service is not complete until the department receives the fee and three copies of the summons and complaint. The service shall constitute service and confer personal jurisdiction on the contractor and the surety for suit on claimant’s claim against the contractor and the bond or deposit and the department shall trans(2008 Ed.) Registration of Contractors mit the summons and complaint or a copy thereof to the contractor at the address listed in the contractor’s application and to the surety within two days after it shall have been received. (4) The surety upon the bond shall not be liable in an aggregate amount in excess of the amount named in the bond nor for any monetary penalty assessed pursuant to this chapter for an infraction. The liability of the surety shall not cumulate where the bond has been renewed, continued, reinstated, reissued or otherwise extended. The surety upon the bond may, upon notice to the department and the parties, tender to the clerk of the court having jurisdiction of the action an amount equal to the claims thereunder or the amount of the bond less the amount of judgments, if any, previously satisfied therefrom and to the extent of such tender the surety upon the bond shall be exonerated but if the actions commenced and pending and provided to the department as required in subsection (3) of this section, at any one time exceed the amount of the bond then unimpaired, claims shall be satisfied from the bond in the following order: (a) Employee labor and claims of laborers, including employee benefits; (b) Claims for breach of contract by a party to the construction contract; (c) Registered or licensed subcontractors, material, and equipment; (d) Taxes and contributions due the state of Washington; (e) Any court costs, interest, and attorneys’ fees plaintiff may be entitled to recover. The surety is not liable for any amount in excess of the penal limit of its bond. A payment made by the surety in good faith exonerates the bond to the extent of any payment made by the surety. (5) The total amount paid from a bond or deposit required of a general contractor by this section to claimants other than residential homeowners must not exceed one-half of the bond amount. The total amount paid from a bond or deposit required of a specialty contractor by this section to claimants other than residential homeowners must not exceed one-half of the bond amount or four thousand dollars, whichever is greater. (6) The prevailing party in an action filed under this section against the contractor and contractor’s bond or deposit, for breach of contract by a party to the construction contract involving a residential homeowner, is entitled to costs, interest, and reasonable attorneys’ fees. The surety upon the bond or deposit is not liable in an aggregate amount in excess of the amount named in the bond or deposit nor for any monetary penalty assessed pursuant to this chapter for an infraction. (7) If a final judgment impairs the liability of the surety upon the bond or deposit so furnished that there is not in effect a bond or deposit in the full amount prescribed in this section, the registration of the contractor is automatically suspended until the bond or deposit liability in the required amount unimpaired by unsatisfied judgment claims is furnished. (8) In lieu of the surety bond required by this section the contractor may file with the department an assigned savings account, upon forms provided by the department. (9) Any person having filed and served a summons and complaint as required by this section having an unsatisfied final judgment against the registrant for any items referred to (2008 Ed.) 18.27.050 in this section may execute upon the security held by the department by serving a certified copy of the unsatisfied final judgment by registered or certified mail upon the department within one year of the date of entry of such judgment. Upon the receipt of service of such certified copy the department shall pay or order paid from the deposit, through the registry of the superior court which rendered judgment, towards the amount of the unsatisfied judgment. The priority of payment by the department shall be the order of receipt by the department, but the department shall have no liability for payment in excess of the amount of the deposit. (10) Within ten days after resolution of the case, a certified copy of the final judgment and order, or any settlement documents where a case is not disposed of by a court trial, a certified copy of the dispositive settlement documents must be provided to the department by the prevailing party. Failure to provide a copy of the final judgment and order or the dispositive settlement documents to the department within ten days of entry of such an order constitutes a violation of this chapter and a penalty adopted by rule of not less than two hundred fifty dollars may be assessed against the prevailing party. (11) The director may require an applicant applying to renew or reinstate a registration or applying for a new registration to file a bond of up to three times the normally required amount, if the director determines that an applicant, or a previous registration of a corporate officer, owner, or partner of a current applicant, has had in the past five years a total of three final judgments in actions under this chapter involving a residential single-family dwelling on two or more different structures. (12) The director may adopt rules necessary for the proper administration of the security. [2007 c 436 § 4; 2001 c 159 § 3; 1997 c 314 § 5; 1988 c 139 § 1; 1987 c 362 § 6; 1983 1st ex.s. c 2 § 18; 1977 ex.s. c 11 § 1; 1973 1st ex.s. c 153 § 4; 1972 ex.s. c 118 § 2; 1967 c 126 § 1; 1963 c 77 § 4.] Unpaid wages by public works contractor constitute lien against bond: RCW 39.12.050. 18.27.050 Insurance or financial responsibility required—Suspension of registration upon impairment. (1) At the time of registration and subsequent reregistration, the applicant shall furnish insurance or financial responsibility in the form of an assigned account in the amount of fifty thousand dollars for injury or damages to property, and one hundred thousand dollars for injury or damage including death to any one person, and two hundred thousand dollars for injury or damage including death to more than one person. (2) An expiration, cancellation, or revocation of the insurance policy or withdrawal of the insurer from the insurance policy automatically suspends the registration issued to the registrant until a new insurance policy or reinstatement notice has been filed and approved as provided in this section. (3)(a) Proof of financial responsibility authorized in this section may be given by providing, in the amount required by subsection (1) of this section, an assigned account acceptable to the department. The assigned account shall be held by the department to satisfy any execution on a judgment issued against the contractor for damage to property or injury or 18.27.050 [Title 18 RCW—page 69] 18.27.060 Title 18 RCW: Businesses and Professions death to any person occurring in the contractor’s contracting operations, according to the provisions of the assigned account agreement. The department shall have no liability for payment in excess of the amount of the assigned account. (b) The assigned account filed with the director as proof of financial responsibility shall be canceled at the expiration of three years after: (i) The contractor’s registration has expired or been revoked; or (ii) The contractor has furnished proof of insurance as required by subsection (1) of this section; if, in either case, no legal action has been instituted against the contractor or on the account at the expiration of the threeyear period. (c) If a contractor chooses to file an assigned account as authorized in this section, the contractor shall, on any contracting project, notify each person with whom the contractor enters into a contract or to whom the contractor submits a bid that the contractor has filed an assigned account in lieu of insurance and that recovery from the account for any claim against the contractor for property damage or personal injury or death occurring in the project requires the claimant to obtain a court judgment. [2001 c 159 § 4; 1987 c 303 § 1; 1963 c 77 § 5.] 18.27.060 Certificate of registration—Issuance, duration, renewal—Suspension—Single registration/licensing document for those qualifying as both general and electrical contractor. (1) A certificate of registration shall be valid for two years and shall be renewed on or before the expiration date. The department shall issue to the applicant a certificate of registration upon compliance with the registration requirements of this chapter. (2) If the department approves an application, it shall issue a certificate of registration to the applicant. (3) If a contractor’s surety bond or other security has an unsatisfied judgment against it or is canceled, or if the contractor’s insurance policy is canceled, the contractor’s registration shall be automatically suspended on the effective date of the impairment or cancellation. The department shall mail notice of the suspension to the contractor’s address on the certificate of registration by certified and by first-class mail within two days after suspension. (4) Renewal of registration is valid on the date the department receives the required fee and proof of bond and liability insurance, if sent by certified mail or other means requiring proof of delivery. The receipt or proof of delivery shall serve as the contractor’s proof of renewed registration until he or she receives verification from the department. (5) The department shall immediately suspend the certificate of registration of a contractor who has been certified by the department of social and health services as a person who is not in compliance with a support order or a visitation order as provided in RCW 74.20A.320. The certificate of registration shall not be reissued or renewed unless the person provides to the department a release from the department of social and health services stating that he or she is in compliance with the order and the person has continued to meet all other requirements for certification during the suspension. (6) For a contractor who employs plumbers, as described in RCW 18.106.010(10)(c), and is also required to be 18.27.060 [Title 18 RCW—page 70] licensed as an electrical contractor as required in RCW 19.28.041, while doing pump and irrigation or domestic pump work described in rule as authorized by RCW 19.28.251, the department shall establish a single registration/licensing document for those who qualify for both general contractor registration as defined by this chapter and an electrical contractor license as defined by chapter 19.28 RCW. [2006 c 185 § 14; 2001 c 159 § 5. Prior: 1997 c 314 § 6; 1997 c 58 § 817; 1983 1st ex.s. c 2 § 19; 1977 ex.s. c 61 § 1; 1963 c 77 § 6.] Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 18.27.065 Partnership or joint venture deemed registered, when. A partnership or joint venture shall be deemed registered under this chapter if any one of the general partners or venturers whose name appears in the name under which the partnership or venture does business is registered. [1983 1st ex.s. c 2 § 16.] 18.27.065 Effective date—1983 1st ex.s. c 2: See note following RCW 18.27.200. 18.27.070 Fees. The department shall charge fees for issuance, renewal, and reinstatement of certificates of registration; and changes of name, address, or business structure. The department shall set the fees by rule. The entire amount of the fees are to be used solely to cover the full cost of issuing certificates, filing papers and notices, and administering and enforcing this chapter. The costs shall include reproduction, travel, per diem, and administrative and legal support costs. [1997 c 314 § 7; 1983 c 74 § 1; 1977 ex.s. c 66 § 1; 1973 1st ex.s. c 153 § 5; 1967 c 126 § 2; 1963 c 77 § 7.] 18.27.070 Effective date—1977 ex.s. c 66: "This 1977 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1977." [1977 ex.s. c 66 § 2.] 18.27.075 Fees for issuing or renewing certificate of registration. The department shall charge a fee of one hundred dollars for issuing or renewing a certificate of registration during the 2001-2003 biennium. The department shall revise this amount at least once every two years for the purpose of recognizing economic changes as reflected by the fiscal growth factor under chapter 43.135 RCW. [2001 c 159 § 14; 1983 c 74 § 2.] 18.27.075 18.27.080 Registration prerequisite to suit. No person engaged in the business or acting in the capacity of a contractor may bring or maintain any action in any court of this state for the collection of compensation for the performance of any work or for breach of any contract for which registration is required under this chapter without alleging and proving that he was a duly registered contractor and held a current and valid certificate of registration at the time he contracted for the performance of such work or entered into such contract. For the purposes of this section, the court shall not find a contractor in substantial compliance with the registration 18.27.080 (2008 Ed.) Registration of Contractors requirements of this chapter unless: (1) The department has on file the information required by RCW 18.27.030; (2) the contractor has at all times had in force a current bond or other security as required by RCW 18.27.040; and (3) the contractor has at all times had in force current insurance as required by RCW 18.27.050. In determining under this section whether a contractor is in substantial compliance with the registration requirements of this chapter, the court shall take into consideration the length of time during which the contractor did not hold a valid certificate of registration. [2007 c 436 § 5; 1988 c 285 § 2; 1972 ex.s. c 118 § 3; 1963 c 77 § 8.] 18.27.090 Exemptions. The registration provisions of this chapter do not apply to: (1) An authorized representative of the United States government, the state of Washington, or any incorporated city, town, county, township, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this state; (2) Officers of a court when they are acting within the scope of their office; (3) Public utilities operating under the regulations of the utilities and transportation commission in construction, maintenance, or development work incidental to their own business; (4) Any construction, repair, or operation incidental to the discovering or producing of petroleum or gas, or the drilling, testing, abandoning, or other operation of any petroleum or gas well or any surface or underground mine or mineral deposit when performed by an owner or lessee; (5) The sale of any finished products, materials, or articles of merchandise that are not fabricated into and do not become a part of a structure under the common law of fixtures; (6) Any construction, alteration, improvement, or repair of personal property performed by the registered or legal owner, or by a mobile/manufactured home retail dealer or manufacturer licensed under chapter 46.70 RCW who shall warranty service and repairs under chapter 46.70 RCW; (7) Any construction, alteration, improvement, or repair carried on within the limits and boundaries of any site or reservation under the legal jurisdiction of the federal government; (8) Any person who only furnished materials, supplies, or equipment without fabricating them into, or consuming them in the performance of, the work of the contractor; (9) Any work or operation on one undertaking or project by one or more contracts, the aggregate contract price of which for labor and materials and all other items is less than five hundred dollars, such work or operations being considered as of a casual, minor, or inconsequential nature. The exemption prescribed in this subsection does not apply in any instance wherein the work or construction is only a part of a larger or major operation, whether undertaken by the same or a different contractor, or in which a division of the operation is made into contracts of amounts less than five hundred dollars for the purpose of evasion of this chapter or otherwise. The exemption prescribed in this subsection does not apply to a person who advertises or puts out any sign or card or other device which might indicate to the public that he or she is a 18.27.090 (2008 Ed.) 18.27.090 contractor, or that he or she is qualified to engage in the business of contractor; (10) Any construction or operation incidental to the construction and repair of irrigation and drainage ditches of regularly constituted irrigation districts or reclamation districts; or to farming, dairying, agriculture, viticulture, horticulture, or stock or poultry raising; or to clearing or other work upon land in rural districts for fire prevention purposes; except when any of the above work is performed by a registered contractor; (11) An owner who contracts for a project with a registered contractor, except that this exemption shall not deprive the owner of the protections of this chapter against registered and unregistered contractors. The exemption prescribed in this subsection does not apply to a person who performs the activities of a contractor for the purpose of leasing or selling improved property he or she has owned for less than twelve months; (12) Any person working on his or her own property, whether occupied by him or her or not, and any person working on his or her personal residence, whether owned by him or her or not but this exemption shall not apply to any person who performs the activities of a contractor on his or her own property for the purpose of selling, demolishing, or leasing the property; (13) An owner who performs maintenance, repair, and alteration work in or upon his or her own properties, or who uses his or her own employees to do such work; (14) A licensed architect or civil or professional engineer acting solely in his or her professional capacity, an electrician certified under the laws of the state of Washington, or a plumber certified under the laws of the state of Washington or licensed by a political subdivision of the state of Washington while operating within the boundaries of such political subdivision. The exemption provided in this subsection is applicable only when the person certified is operating within the scope of his or her certification; (15) Any person who engages in the activities herein regulated as an employee of a registered contractor with wages as his or her sole compensation or as an employee with wages as his or her sole compensation; (16) Contractors on highway projects who have been prequalified as required by RCW 47.28.070, with the department of transportation to perform highway construction, reconstruction, or maintenance work; (17) A mobile/manufactured home dealer or manufacturer who subcontracts the installation, set-up, or repair work to actively registered contractors. This exemption only applies to the installation, set-up, or repair of the mobile/manufactured homes that were manufactured or sold by the mobile/manufactured home dealer or manufacturer; (18) An entity who holds a valid electrical contractor’s license under chapter 19.28 RCW that employs a certified journeyman electrician, a certified residential specialty electrician, or an electrical trainee meeting the requirements of chapter 19.28 RCW to perform plumbing work that is incidentally, directly, and immediately appropriate to the like-inkind replacement of a household appliance or other small household utilization equipment that requires limited electric power and limited waste and/or water connections. An electrical trainee must be supervised by a certified electrician [Title 18 RCW—page 71] 18.27.100 Title 18 RCW: Businesses and Professions while performing plumbing work. [2007 c 436 § 6; 2003 c 399 § 401; 2001 c 159 § 7; 1997 c 314 § 8; 1987 c 313 § 1; 1983 c 4 § 1; 1980 c 68 § 2; 1974 ex.s. c 25 § 2. Prior: 1973 1st ex.s. c 161 § 1; 1973 1st ex.s. c 153 § 6; 1967 c 126 § 3; 1965 ex.s. c 170 § 50; 1963 c 77 § 9.] Part headings not law—2003 c 399: See note following RCW 19.28.006. 18.27.100 Business practices—Advertising—Penalty. (1) Except as provided in RCW 18.27.065 for partnerships and joint ventures, no person who has registered under one name as provided in this chapter shall engage in the business, or act in the capacity, of a contractor under any other name unless such name also is registered under this chapter. (2) All advertising and all contracts, correspondence, cards, signs, posters, papers, and documents which show a contractor’s name or address shall show the contractor’s name or address as registered under this chapter. (3)(a) All advertising that shows the contractor’s name or address shall show the contractor’s current registration number. The registration number may be omitted in an alphabetized listing of registered contractors stating only the name, address, and telephone number: PROVIDED, That signs on motor vehicles subject to RCW 46.16.010 and onpremise signs shall not constitute advertising as provided in this section. All materials used to directly solicit business from retail customers who are not businesses shall show the contractor’s current registration number. A contractor shall not use a false or expired registration number in purchasing or offering to purchase an advertisement for which a contractor registration number is required. Advertising by airwave transmission shall not be subject to this subsection (3)(a). (b) The director may issue a subpoena to any person or entity selling any advertising subject to this section for the name, address, and telephone number provided to the seller of the advertising by the purchaser of the advertising. The subpoena must have enclosed a stamped, self-addressed envelope and blank form to be filled out by the seller of the advertising. If the seller of the advertising has the information on file, the seller shall, within a reasonable time, return the completed form to the department. The subpoena must be issued no more than two days after the expiration of the issue or publication containing the advertising or after the broadcast of the advertising. The good-faith compliance by a seller of advertising with a written request of the department for information concerning the purchaser of advertising shall constitute a complete defense to any civil or criminal action brought against the seller of advertising arising from such compliance. Advertising by airwave or electronic transmission is subject to this subsection (3)(b). (4) No contractor shall advertise that he or she is bonded and insured because of the bond required to be filed and sufficiency of insurance as provided in this chapter. (5) A contractor shall not falsify a registration number and use it, or use an expired registration number, in connection with any solicitation or identification as a contractor. All individual contractors and all partners, associates, agents, salesmen, solicitors, officers, and employees of contractors shall use their true names and addresses at all times while engaged in the business or capacity of a contractor or activities related thereto. 18.27.100 [Title 18 RCW—page 72] (6) Any advertising by a person, firm, or corporation soliciting work as a contractor when that person, firm, or corporation is not registered pursuant to this chapter is a violation of this chapter. (7) An applicant or registrant who falsifies information on an application for registration commits a violation under this section. (8)(a) The finding of a violation of this section by the director at a hearing held in accordance with the Administrative Procedure Act, chapter 34.05 RCW, shall subject the person committing the violation to a penalty of not more than ten thousand dollars as determined by the director. (b) Penalties under this section shall not apply to a violation determined to be an inadvertent error. [2008 c 120 § 2; 2001 c 159 § 8; 1997 c 314 § 9; 1996 c 147 § 2; 1993 c 454 § 3; 1990 c 46 § 1; 1987 c 362 § 3; 1980 c 68 § 1; 1979 ex.s. c 116 § 1; 1963 c 77 § 10.] Conflict with federal requirements--Severability--2008 c 120: See notes following RCW 18.27.030. Effective date—1996 c 147 § 2: "Section 2 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 25, 1996]." [1996 c 147 § 10.] Finding—1993 c 454: See note following RCW 18.27.010. Effective date—1979 ex.s. c 116: "The provisions of this 1979 amendatory act shall become effective on January 1, 1980." [1979 ex.s. c 116 § 2.] 18.27.102 Unlawful advertising—Liability. When determining a violation of RCW 18.27.100, the director and administrative law judge shall hold responsible the person who purchased or offered to purchase the advertising. [1993 c 454 § 4; 1987 c 362 § 4.] 18.27.102 Finding—1993 c 454: See note following RCW 18.27.010. 18.27.104 Unlawful advertising—Citations. (1) If, upon investigation, the director or the director’s designee has probable cause to believe that a person holding a registration, an applicant for registration, or a person acting in the capacity of a contractor who is not otherwise exempted from this chapter, has violated RCW 18.27.100 by unlawfully advertising for work covered by this chapter, the department may issue a citation containing an order of correction. Such order shall require the violator to cease the unlawful advertising. (2) If the person to whom a citation is issued under subsection (1) of this section notifies the department in writing that he or she contests the citation, the department shall afford an opportunity for an adjudicative proceeding under chapter 34.05 RCW. [2007 c 436 § 7; 1997 c 314 § 10; 1989 c 175 § 61; 1987 c 362 § 5.] 18.27.104 Effective date—1989 c 175: See note following RCW 34.05.010. 18.27.110 Building permits—Verification of registration required—Responsibilities of issuing entity—Penalties. (1) No city, town or county shall issue a construction building permit for work which is to be done by any contractor required to be registered under this chapter without verification that such contractor is currently registered as required by law. When such verification is made, nothing contained in this section is intended to be, nor shall be construed to create, or form the basis for any liability under this chapter on the part of any city, town or county, or its officers, employees or 18.27.110 (2008 Ed.) Registration of Contractors agents. However, failure to verify the contractor registration number results in liability to the city, town, or county to a penalty to be imposed according to *RCW 18.27.100(7)(a). (2) At the time of issuing the building permit, all cities, towns, or counties are responsible for: (a) Printing the contractor registration number on the building permit; and (b) Providing a written notice to the building permit applicant informing them of contractor registration laws and the potential risk and monetary liability to the homeowner for using an unregistered contractor. (3) If a building permit is obtained by an applicant or contractor who falsifies information to obtain an exemption provided under RCW 18.27.090, the building permit shall be forfeited. [1997 c 314 § 11; 1993 c 454 § 5; 1986 c 197 § 14; 1967 c 126 § 4.] *Reviser’s note: RCW 18.27.100 was amended by 2008 c 120 § 2, changing subsection (7)(a) to subsection (8)(a). Finding—1993 c 454: See note following RCW 18.27.010. 18.27.111 Public works, contracts with unregistered contractors prohibited. See RCW 39.06.010. 18.27.111 18.27.114 Disclosure statement required—Prerequisite to lien claim. (1) Any contractor agreeing to perform any contracting project: (a) For the repair, alteration, or construction of four or fewer residential units or accessory structures on such residential property when the bid or contract price totals one thousand dollars or more; or (b) for the repair, alteration, or construction of a commercial building when the bid or contract price totals one thousand dollars or more but less than sixty thousand dollars, must provide the customer with the following disclosure statement in substantially the following form using lower case and upper case twelve-point and bold type where appropriate, prior to starting work on the project: 18.27.114 You may withhold a contractually defined percentage of your construction contract as retainage for a stated period of time to provide protection to you and help insure that your project will be completed as required by your contract. YOUR PROPERTY MAY BE LIENED. If a supplier of materials used in your construction project or an employee or subcontractor of your contractor or subcontractors is not paid, your property may be liened to force payment and you could pay twice for the same work. FOR ADDITIONAL PROTECTION, YOU MAY REQUEST THE CONTRACTOR TO PROVIDE YOU WITH ORIGINAL "LIEN RELEASE" DOCUMENTS FROM EACH SUPPLIER OR SUBCONTRACTOR ON YOUR PROJECT. The contractor is required to provide you with further information about lien release documents if you request it. General information is also available from the state Department of Labor and Industries. 18.27.114 I have received a copy of this disclosure statement. .................. (Signature of customer)" This bond or deposit is not for your exclusive use because it covers all work performed by this contractor. The bond or deposit is intended to pay valid claims up to . . . . . that you and other customers, suppliers, subcontractors, or taxing authorities may have. (2) The contractor must retain a signed copy of the disclosure statement in his or her files for a minimum of three years, and produce a signed or electronic signature copy of the disclosure statement to the department upon request. (3) A contractor subject to this section shall notify any consumer to whom notice is required under subsection (1) of this section if the contractor’s registration has expired or is revoked or suspended by the department prior to completion or other termination of the contract with the consumer. (4) No contractor subject to this section may bring or maintain any lien claim under chapter 60.04 RCW based on any contract to which this section applies without alleging and proving that the contractor has provided the customer with a copy of the disclosure statement as required in subsection (1) of this section. (5) This section does not apply to contracts authorized under chapter 39.04 RCW or to contractors contracting with other contractors. (6) Failure to comply with this section shall constitute an infraction under the provisions of this chapter. (7) The department shall produce model disclosure statements, and public service announcements detailing the information needed to assist contractors and contractors’ customers to comply under this section. As necessary, the department shall periodically update these education materials. [2007 c 436 § 8; 2001 c 159 § 9; 1997 c 314 § 12; 1988 c 182 § 1; 1987 c 419 § 1.] FOR GREATER PROTECTION YOU MAY WITHHOLD A PERCENTAGE OF YOUR CONTRACT. Voluntary compliance with notification requirements: "Nothing in RCW 18.27.114 shall be construed to prohibit a contractor from voluntarily complying with the notification requirements of that section which take effect July 1, 1989, prior to that date." [1988 c 182 § 2.] "NOTICE TO CUSTOMER This contractor is registered with the state of Washington, registration no. . . ., and has posted with the state a bond or deposit of . . . . . for the purpose of satisfying claims against the contractor for breach of contract including negligent or improper work in the conduct of the contractor’s business. The expiration date of this contractor’s registration is . . . . .. THIS BOND OR DEPOSIT MIGHT NOT BE SUFFICIENT TO COVER A CLAIM THAT MIGHT ARISE FROM THE WORK DONE UNDER YOUR CONTRACT. (2008 Ed.) [Title 18 RCW—page 73] 18.27.117 Title 18 RCW: Businesses and Professions 18.27.117 18.27.117 Violations relating to mobile/manufactured homes. The legislature finds that setting up and siting mobile/manufactured homes must be done properly for the health, safety, and enjoyment of the occupants. Therefore, when any of the following cause a health and safety risk to the occupants of a mobile/manufactured home, or severely hinder the use and enjoyment of the mobile/manufactured home, a violation of RCW 19.86.020 shall have occurred: (1) The mobile/manufactured home has been improperly installed by a contractor registered under chapter 18.27 RCW, or a mobile/manufactured dealer or manufacturer licensed under chapter 46.70 RCW; (2) A warranty given under chapter 18.27 RCW or chapter 46.70 RCW has not been fulfilled by the person or business giving the warranty; and (3) A bonding company that issues a bond under chapter 18.27 RCW or chapter 46.70 RCW does not reasonably and professionally investigate and resolve claims made by injured parties. [1997 c 314 § 13; 1987 c 313 § 2.] 18.27.120 18.27.120 List of registered contractors—Availability, fee. (1) The department shall compile a list of all contractors registered under this chapter and update the list at least bimonthly. The list shall be considered as public record information and shall be available to the public upon request: PROVIDED, That the department may charge a reasonable fee under RCW 42.56.120. (2) The department shall inform any person, firm, or corporation, if a contractor is registered, and if a contractor is bonded or insured, without charge except for a reasonable fee under RCW 42.56.120 for copies made. [2005 c 274 § 221; 1983 1st ex.s. c 2 § 20; 1973 1st ex.s. c 153 § 7; 1972 ex.s. c 118 § 5.] Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. Fees, generally: RCW 18.27.070. 18.27.125 18.27.125 Rules. The director shall adopt rules in compliance with chapter 34.05 RCW to effect the purposes of this chapter. [1986 c 197 § 12.] 18.27.140 Purpose. It is the purpose of this chapter to afford protection to the public including all persons, firms, and corporations furnishing labor, materials, or equipment to a contractor from unreliable, fraudulent, financially irresponsible, or incompetent contractors. [1983 1st ex.s. c 2 § 21; 1973 1st ex.s. c 161 § 2.] 18.27.140 18.27.200 Violation—Infraction. (1) It is a violation of this chapter and an infraction for any contractor to: (a) Advertise, offer to do work, submit a bid, or perform any work as a contractor without being registered as required by this chapter; (b) Advertise, offer to do work, submit a bid, or perform any work as a contractor when the contractor’s registration is suspended or revoked; (c) Transfer a valid registration to an unregistered contractor or allow an unregistered contractor to work under a registration issued to another contractor; (d) If the contractor is a contractor as defined in RCW 18.106.010, violate RCW 18.106.320; or (e) Subcontract to, or use, an unregistered contractor. (2) Each day that a contractor works without being registered as required by this chapter, works while the contractor’s registration is suspended or revoked, or works under a registration issued to another contractor is a separate infraction. Each worksite at which a contractor works without being registered as required by this chapter, works while the contractor’s registration is suspended or revoked, or works under a registration issued to another contractor is a separate infraction. [2007 c 436 § 9; 2002 c 82 § 6; 1997 c 314 § 14; 1993 c 454 § 7; 1983 1st ex.s. c 2 § 1.] 18.27.200 Finding—1993 c 454: See note following RCW 18.27.010. Effective date—1983 1st ex.s. c 2: "Sections 1 through 17 of this act shall take effect January 1, 1984." [1983 1st ex.s. c 2 § 24.] Prohibited acts—Criminal penalties: RCW 18.27.020. 18.27.205 Violations or infractions—Penalties—Subject to RCW 39.12.055. A contractor found to have committed an infraction or violation under this chapter for performing work as an unregistered contractor shall, in addition to any penalties under this chapter, be subject to the penalties in RCW 39.12.055. [2008 c 120 § 4.] 18.27.205 Conflict with federal requirements—Severability—2008 c 120: See notes following RCW 18.27.030. 18.27.130 18.27.130 Chapter exclusive—Certain authority of cities and towns not limited or abridged. The provisions of this chapter relating to the registration or licensing of any person, firm, or corporation, including the requirement of a bond with the state of Washington named as obligee therein and the collection of a fee therefor, shall be exclusive and no political subdivision of the state of Washington shall require or issue any registrations, licenses, or bonds nor charge any fee for the same or a similar purpose: PROVIDED, That nothing herein shall limit or abridge the authority of any city or town to levy and collect a general and nondiscriminatory license fee levied upon all businesses, or to levy a tax based upon gross business conducted by any firm within said city: PROVIDED, FURTHER, That nothing herein shall limit the authority of any city or town with respect to contractors not required to be registered under this chapter. [1972 ex.s. c 118 § 4.] [Title 18 RCW—page 74] 18.27.210 Violations—Investigations—Evidence. (1) The director shall appoint compliance inspectors to investigate alleged or apparent violations of this chapter. (a) The director, or authorized compliance inspector, upon presentation of appropriate credentials, may inspect and investigate job sites at which a contractor had bid or presently is working to determine whether the contractor is registered in accordance with this chapter or the rules adopted under this chapter or whether there is a violation of this chapter. (b) Upon request of the compliance inspector of the department, a contractor or an employee of the contractor shall provide information identifying the contractor. (c) The director or the director’s authorized representative may apply to a court of competent jurisdiction for a search warrant authorizing access to any job site at which a contractor is presently working. The court may, upon such an 18.27.210 (2008 Ed.) Registration of Contractors application, issue a search warrant for the purpose requested. The costs for obtaining the search warrant must be added to the penalty for a violation of this chapter if such a violation becomes final. (2) If the employee of an unregistered contractor is cited by a compliance inspector, that employee is cited as the agent of the employer-contractor, and issuance of the infraction to the employee is notice to the employer-contractor that the contractor is in violation of this chapter. An employee who is cited by a compliance inspector shall not be liable for any of the alleged violations contained in the citation unless the employee is also the contractor. [2007 c 436 § 10; 1993 c 454 § 8; 1987 c 419 § 2; 1986 c 197 § 2; 1983 1st ex.s. c 2 § 2.] Finding—1993 c 454: See note following RCW 18.27.010. Effective date—1983 1st ex.s. c 2: See note following RCW 18.27.200. 18.27.215 Authority of director—Evidence. If he or she has reason to believe there has been a violation of this chapter, the director and the director’s authorized representatives may issue subpoenas to enforce the production and examination of any of the following, whether written or electronic: A listing of the contractors working on the property; contracts between the contractor and any suppliers or subcontractors; and any other information necessary to enforce this chapter. The subpoena may be issued only if a contractor fails to provide the above information when requested by the department. The superior court has the power to enforce such a subpoena by proper proceedings. This section applies to registered and unregistered contractors. [2007 c 436 § 11.] 18.27.215 18.27.220 Investigations—Penalty for failure to identify contractor. Wilful refusal to provide information identifying a contractor as required by RCW 18.27.210 is a misdemeanor. [1983 1st ex.s. c 2 § 12.] 18.27.220 Effective date—1983 1st ex.s. c 2: See note following RCW 18.27.200. 18.27.225 Violations—Restraining orders—Injunctions. (1) If, upon inspection or investigation, the director or authorized compliance inspector reasonably believes that a contractor has failed to register in accordance with this chapter or the rules adopted under this chapter, the director shall issue an order immediately restraining further construction work at the job site by the contractor. The order shall describe the specific violation that necessitated issuance of the restraining order. The contractor or representative to whom the restraining order is directed may request a hearing before an administrative law judge, such hearing to be conducted pursuant to chapter 34.05 RCW. A request for hearing shall not stay the effect of the restraining order. (2) In addition to and after having invoked the powers of restraint vested in the director as provided in subsection (1) of this section, the director, through the attorney general, may petition the superior court of the state of Washington to enjoin any activity in violation of this chapter. A prima facie case for issuance of an injunction shall be established by affidavits and supporting documentation demonstrating that a restraining order was served upon the contractor and that the contractor continued to work after service of the order. Upon the filing of the petition, the superior court shall have juris18.27.225 (2008 Ed.) 18.27.240 diction to grant injunctive or other appropriate relief, pending the outcome of enforcement proceedings under this chapter, or to enforce restraining orders issued by the director. If the contractor fails to comply with any court order, the director shall request the attorney general to petition the superior court for an order holding the contractor in contempt of court and for any other appropriate relief. [1987 c 419 § 3.] 18.27.230 Notice of infraction—Service. The department may issue a notice of infraction if the department reasonably believes that the contractor has committed an infraction under this chapter. A notice of infraction issued under this section shall be personally served on the contractor named in the notice by the department’s compliance inspectors or service can be made by certified mail directed to the contractor named in the notice of infraction at the contractor’s last known address of record. If the contractor named in the notice of infraction is a firm or corporation, the notice may be personally served on any employee of the firm or corporation. If a notice of infraction is personally served upon an employee of a firm or corporation, the department shall send a copy of the notice by mail, return receipt requested, to the contractor if the department is able to obtain the contractor’s address. [2007 c 436 § 12; 1997 c 314 § 15; 1993 c 454 § 9; 1986 c 197 § 3; 1983 1st ex.s. c 2 § 3.] 18.27.230 Finding—1993 c 454: See note following RCW 18.27.010. Effective date—1983 1st ex.s. c 2: See note following RCW 18.27.200. 18.27.240 Notice—Contents. The form of the notice of infraction issued under this chapter shall include the following: (1) A statement that the notice represents a determination that the infraction has been committed by the contractor named in the notice and that the determination shall be final unless contested as provided in this chapter; (2) A statement that the infraction is a noncriminal offense for which imprisonment shall not be imposed as a sanction; (3) A statement of the violation which necessitated issuance of the infraction; (4) A statement of penalty involved if the infraction is established; (5) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options; (6) A statement that at any hearing to contest the notice of infraction the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and that the contractor may subpoena witnesses, including the compliance inspector of the department who issued and served the notice of infraction; (7) A statement that at any hearing to contest the notice of infraction against an unregistered contractor, the unregistered contractor has the burden of proving that the infraction did not occur; (8) A statement that the contractor must respond to the notice of infraction in one of the ways provided in this chapter; and (9) A statement that a contractor’s failure to timely select one of the options for responding to the notice of infraction 18.27.240 [Title 18 RCW—page 75] 18.27.250 Title 18 RCW: Businesses and Professions after receiving a statement of the options provided in this chapter for responding to the notice of infraction and the procedures necessary to exercise these options is guilty of a gross misdemeanor and may be punished by a fine or imprisonment in jail. [2007 c 436 § 13; 2006 c 270 § 8; 1986 c 197 § 4; 1983 1st ex.s. c 2 § 5.] Effective date—1983 1st ex.s. c 2: See note following RCW 18.27.200. 18.27.250 Notice—Filing—Administrative hearing— Appeal. A violation designated as an infraction under this chapter shall be heard and determined by an administrative law judge of the office of administrative hearings. If a party desires to contest the notice of infraction, the party shall file a notice of appeal with the department specifying the grounds of the appeal within twenty days of service of the infraction in a manner provided by this chapter. The appeal must be accompanied by a certified check for two hundred dollars, which shall be returned to the assessed party if the decision of the department is not sustained following the final decision in the appeal. If the final decision sustains the decision of the department, the department must apply the two hundred dollars to the payment of the expenses of the appeal, including costs charged by the office of administrative hearings. The administrative law judge shall conduct hearings in these cases at locations in the county where the infraction occurred. [2007 c 436 § 14; 1986 c 197 § 5; 1983 1st ex.s. c 2 § 4.] 18.27.250 Effective date—1983 1st ex.s. c 2: See note following RCW 18.27.200. 18.27.260 Notice—Determination infraction committed. Unless contested in accordance with this chapter, the notice of infraction represents a determination that the contractor to whom the notice was issued committed the infraction. [1983 1st ex.s. c 2 § 6.] 18.27.260 Effective date—1983 1st ex.s. c 2: See note following RCW 18.27.200. an appeal pursuant to RCW 18.27.310(4), shall be guilty of a misdemeanor and be prosecuted in the county where the infraction occurred. (6) A contractor who fails to pay a monetary penalty within thirty days after exhausting appellate remedies pursuant to RCW 18.27.310(4), shall be guilty of a misdemeanor and be prosecuted in the county where the infraction occurred. (7) If a contractor who is issued a notice of infraction is a contractor who has failed to register as a contractor under this chapter, the contractor is subject to a monetary penalty per infraction as provided in the schedule of penalties established by the department, and each day the person works without becoming registered is a separate infraction. [2007 c 436 § 15; 2000 c 171 § 9; 1997 c 314 § 16; 1986 c 197 § 6; 1983 1st ex.s. c 2 § 7.] Effective date—1983 1st ex.s. c 2: See note following RCW 18.27.200. 18.27.290 Notice—Penalty for contractor failing to respond. It is a gross misdemeanor for a contractor who has been personally served with a notice of infraction to willfully fail to respond to a notice of infraction as provided in this chapter, regardless of the ultimate disposition of the infraction. [2007 c 436 § 16; 1983 1st ex.s. c 2 § 11.] 18.27.290 Effective date—1983 1st ex.s. c 2: See note following RCW 18.27.200. 18.27.300 Representation by attorney, attorney general. A contractor subject to proceedings under this chapter may appear or be represented by counsel. The department shall be represented by the attorney general in administrative proceedings and any subsequent appeals under this chapter. [1986 c 197 § 7; 1983 1st ex.s. c 2 § 8.] 18.27.300 Effective date—1983 1st ex.s. c 2: See note following RCW 18.27.200. 18.27.310 Infraction—Administrative hearing—Procedure—Burden of proof—Order—Appeal. (1) The administrative law judge shall conduct contractors’ notice of infraction cases pursuant to chapter 34.05 RCW. (2) The burden of proof is on the department to establish the commission of the infraction by a preponderance of the evidence, unless the infraction is issued against an unregistered contractor in which case the burden of proof is on the contractor. The notice of infraction shall be dismissed if the appellant establishes that, at the time the advertising occurred, offer or bid was made, or work was performed, the appellant was registered by the department, without suspension, or was exempt from registration. (3) After consideration of the evidence and argument, the administrative law judge shall determine whether the infraction was committed. If it has not been established that the infraction was committed, an order dismissing the notice shall be entered in the record of the proceedings. If it has been established that the infraction was committed, the administrative law judge shall issue findings of fact and conclusions of law in its decision and order determining whether the infraction was committed. (4) An appeal from the administrative law judge’s determination or order shall be to the superior court. The decision 18.27.310 18.27.270 Notice—Response—Failure to respond, appear, pay penalties, or register. (1) A contractor who is issued a notice of infraction shall respond within twenty days of the date of issuance of the notice of infraction. (2) If the contractor named in the notice of infraction does not elect to contest the notice of infraction, then the contractor shall pay to the department, by check or money order, the amount of the penalty prescribed for the infraction. When a response which does not contest the notice of infraction is received by the department with the appropriate penalty, the department shall make the appropriate entry in its records. (3) If the contractor named in the notice of infraction elects to contest the notice of infraction, the contractor shall respond by filing an appeal to the department in the manner specified in RCW 18.27.250. (4) If any contractor issued a notice of infraction fails to respond within the prescribed response period, the contractor shall be guilty of a misdemeanor and prosecuted in the county where the infraction occurred. (5) After final determination by an administrative law judge that an infraction has been committed, a contractor who fails to pay a monetary penalty within thirty days, that is not waived pursuant to RCW 18.27.340(2), and who fails to file 18.27.270 [Title 18 RCW—page 76] (2008 Ed.) Registration of Contractors of the superior court is subject only to discretionary review pursuant to Rule 2.3 of the Rules of Appellate Procedure. [2007 c 436 § 17; 2001 c 159 § 10; 1993 c 454 § 10; 1986 c 197 § 8; 1983 1st ex.s. c 2 § 9.] Finding—1993 c 454: See note following RCW 18.27.010. Effective date—1983 1st ex.s. c 2: See note following RCW 18.27.200. 18.27.370 tracts with contractors. The fact that a contractor is found to have committed a misdemeanor or infraction under this chapter shall be deemed to affect the public interest and shall constitute a violation of chapter 19.86 RCW. The surety bond shall not be liable for monetary penalties or violations of chapter 19.86 RCW. [1986 c 197 § 11.] 18.27.360 Certificate of registration suspension— Nonpayment or default on educational loan or scholarship. The director shall suspend the certificate of registration of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person’s certificate of registration shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for certification of registration during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose. [1996 c 293 § 7.] 18.27.360 18.27.320 Infraction—Dismissal, when. The administrative law judge shall dismiss the notice of infraction at any time upon written notification from the department that the contractor named in the notice of infraction was registered, without suspension, at the time the work was performed. [2001 c 159 § 11; 1993 c 454 § 11; 1986 c 197 § 9; 1983 1st ex.s. c 2 § 13.] 18.27.320 Finding—1993 c 454: See note following RCW 18.27.010. Effective date—1983 1st ex.s. c 2: See note following RCW 18.27.200. 18.27.340 Infraction—Monetary penalty. (1) Except as otherwise provided in subsection (3) of this section, a contractor found to have committed an infraction under RCW 18.27.200 shall be assessed a monetary penalty of not less than two hundred dollars and not more than five thousand dollars. (2) The director may waive collection in favor of payment of restitution to a consumer complainant. (3) A contractor found to have committed an infraction under RCW 18.27.200 for failure to register shall be assessed a fine of not less than one thousand dollars, nor more than five thousand dollars. The director may reduce the penalty for failure to register, but in no case below five hundred dollars, if the person becomes registered within ten days of receiving a notice of infraction and the notice of infraction is for a first offense. (4) Monetary penalties collected under this chapter shall be deposited in the general fund. [1997 c 314 § 17; 1986 c 197 § 10; 1983 1st ex.s. c 2 § 15.] 18.27.340 Effective date—1983 1st ex.s. c 2: See note following RCW 18.27.200. 18.27.342 Report to the legislature. Beginning December 1, 1997, the department shall report by December 1st each year to the commerce and labor committees of the senate and house of representatives and the ways and means committee of the senate and the appropriations committee of the house of representatives, or successor committees, the following information for the previous three fiscal years: (1) The number of contractors found to have committed an infraction for failure to register; (2) The number of contractors identified in subsection (1) of this section who were assessed a monetary penalty and the amount of the penalties assessed; (3) The amount of the penalties reported in subsection (2) of this section that was collected; and (4) The amount of the penalties reported in subsection (2) of this section that was waived. [1997 c 314 § 19.] 18.27.342 18.27.350 Violations—Consumer Protection Act. The consumers of this state have a right to be protected from unfair or deceptive acts or practices when they enter into con18.27.350 (2008 Ed.) Severability—1996 c 293: See note following RCW 18.04.420. 18.27.370 Unregistered contractor—Defaults in payment—Notice of assessment—Warrant—Notice and order, withhold property—Service—Civil penalties. (1) If an unregistered contractor defaults in a payment, penalty, or fine due to the department, the director or the director’s designee may issue a notice of assessment certifying the amount due. The notice must be served upon the unregistered contractor by mailing the notice to the unregistered contractor by certified mail to the unregistered contractor’s last known address or served in the manner prescribed for the service of a summons in a civil action. (2) A notice of assessment becomes final thirty days from the date the notice was served upon the unregistered contractor unless a written request for reconsideration is filed with the department or an appeal is filed in a court of competent jurisdiction in the manner specified in RCW 34.05.510 through 34.05.598. The request for reconsideration must set forth with particularity the reason for the unregistered contractor’s request. The department, within thirty days after receiving a written request for reconsideration, may modify or reverse a notice of assessment, or may hold a notice of assessment in abeyance pending further investigation. If a final decision of a court in favor of the department is not appealed within the time allowed by law, then the amount of the unappealed assessment, or such amount of the assessment as is found due by the final decision of the court, is final. (3) The director or the director’s designee may file with the clerk of any county within the state, a warrant in the amount of the notice of assessment, plus interest, penalties, and a filing fee of twenty dollars. The clerk of the county in which the warrant is filed shall immediately designate a supe18.27.370 [Title 18 RCW—page 77] 18.27.380 Title 18 RCW: Businesses and Professions rior court cause number for the warrant, and the clerk shall cause to be entered in the judgment docket under the superior court cause number assigned to the warrant, the name of the unregistered contractor mentioned in the warrant, the amount of payment, penalty, fine due on it, or filing fee, and the date when the warrant was filed. The aggregate amount of the warrant as docketed shall become a lien upon the title to, and interest in, all real and personal property of the unregistered contractor against whom the warrant is issued, the same as a judgment in a civil case docketed in the office of the clerk. The sheriff shall proceed upon the warrant in all respects and with like effect as prescribed by law with respect to execution or other process issued against rights or property upon judgment in a court of competent jurisdiction. The warrant so docketed is sufficient to support the issuance of writs of garnishment in favor of the state in a manner provided by law in case of judgment, wholly or partially unsatisfied. The clerk of the court is entitled to a filing fee which will be added to the amount of the warrant. A copy of the warrant shall be mailed to the unregistered contractor within three days of filing with the clerk. (4) The director or the director’s designee may issue to any person, firm, corporation, other entity, municipal corporation, political subdivision of the state, a public corporation, or any agency of the state, a notice and order to withhold and deliver property of any kind whatsoever when he or she has reason to believe that there is in the possession of the person, firm, corporation, other entity, municipal corporation, political subdivision of the state, public corporation, or agency of the state, property that is or will become due, owing, or belonging to an unregistered contractor upon whom a notice of assessment has been served by the department for payments, penalties, or fines due to the department. The effect of a notice and order is continuous from the date the notice and order is first made until the liability out of which the notice and order arose is satisfied or becomes unenforceable because of lapse of time. The department shall release the notice and order when the liability out of which the notice and order arose is satisfied or becomes unenforceable by reason of lapse of time and shall notify the person against whom the notice and order was made that the notice and order has been released. The notice and order to withhold and deliver must be served by the sheriff of the county or by the sheriff’s deputy, by certified mail, return receipt requested, or by an authorized representative of the director. A person, firm, corporation, other entity, municipal corporation, political subdivision of the state, public corporation, or agency of the state upon whom service has been made shall answer the notice within twenty days exclusive of the day of service, under oath and in writing, and shall make true answers to the matters inquired of in the notice and order. Upon service of the notice and order, if the party served possesses any property that may be subject to the claim of the department, the party shall promptly deliver the property to the director or the director’s authorized representative. The director shall hold the property in trust for application on the unregistered contractor’s indebtedness to the department, or for return without interest, in accordance with a final determination of a petition for review. In the alternative, the party shall furnish a good and sufficient surety bond satisfactory to the director conditioned [Title 18 RCW—page 78] upon final determination of liability. If a party served and named in the notice fails to answer the notice within the time prescribed in this section, the court may render judgment by default against the party for the full amount claimed by the director in the notice, together with costs. If a notice is served upon an unregistered contractor and the property subject to it is wages, the unregistered contractor may assert in the answer all exemptions provided for by chapter 6.27 RCW to which the wage earner is entitled. (5) In addition to the procedure for collection of a payment, penalty, or fine due to the department as set forth in this section, the department may recover civil penalties imposed under this chapter in a civil action in the name of the department brought in a court of competent jurisdiction of the county where the violation is alleged to have occurred. [2001 c 159 § 6.] 18.27.380 18.27.380 Consumer/contractor awareness of chapter. (1) The department shall use reasonable means, including working cooperatively with construction industry, financial institution, local government, consumer, media, and other interested organizations and individuals, to increase: (a) Consumer awareness of the requirements of this chapter and the methods available to consumers to protect themselves against loss; and (b) Contractor awareness of the obligations imposed on contractors by this chapter. (2) The department shall accomplish the tasks listed in this section within existing resources, including but not limited to fees charged under RCW 18.27.075. [2001 c 159 § 12.] 18.27.385 18.27.385 Marketing campaign. The department shall create an expanded social marketing campaign using currently available materials and newly created materials as needed. This campaign should be aimed at consumers and warn them of the risks and potential consequences of hiring unregistered contractors or otherwise assisting in the furtherance of the underground economy. The campaign may include: Providing public service announcements and other similar materials, made available in English as well as other languages, to the media and to community groups; providing information on violations and penalties; and encouraging legitimate contractors and the public to report fraud. [2008 c 120 § 12.] Conflict with federal requirements—Severability—2008 c 120: See notes following RCW 18.27.030. 18.27.390 18.27.390 Finding—Unregistered contractors enforcement team. (1) The legislature finds that it is contrary to public policy to allow unregistered contractors to continue doing business illegally. (2) The department of labor and industries, the employment security department, and the department of revenue shall establish an unregistered contractors enforcement team. The team shall develop a written plan to coordinate the activities of the participating agencies to enforce the state’s contractor registration laws and rules and other state laws and rules deemed appropriate by the team. In developing the plan, (2008 Ed.) Debt Adjusting the team shall seek the input and advice of interested stakeholders who support the work of the team. (3) The director or the director’s designee shall call the initial meeting of the unregistered contractors enforcement team by September 1, 2001. The team shall complete the plan and forward it to the appropriate standing committees of the legislature and to the departments that contribute members to the team by December 1, 2001. (4) The department of labor and industries, the employment security department, and the department of revenue shall accomplish the tasks listed in this section within existing resources, including but not limited to fees charged under RCW 18.27.075. [2001 c 159 § 13.] 18.27.900 Severability—1963 c 77. If any provision of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the chapter and the applicability thereof to other persons and circumstances shall not be affected thereby. [1963 c 77 § 11.] 18.27.900 Chapter 18.28 Chapter 18.28 RCW DEBT ADJUSTING Sections 18.28.010 18.28.080 18.28.090 18.28.100 18.28.110 18.28.120 18.28.130 18.28.140 18.28.150 18.28.165 18.28.180 18.28.185 18.28.190 18.28.200 18.28.210 18.28.220 18.28.900 18.28.910 Definitions. Fees for debt adjusting services—Limitations—Requirements. Excess charges—Contract void—Return of payments. Contract requirements. Debt adjuster—Functions required to be performed. Debt adjuster—Prohibited acts. Legal services—Rendering or obtaining—Using name of attorney—Prohibited. Assignment of wages not prohibited. Trust account for payments by debtor—Disbursements. Investigations. Administrative procedure act to govern administration. Violations—Unfair practice under chapter 19.86 RCW. Violations—Penalty. Violations—Injunctions. Violations—Assurance of discontinuance—Effect. Violation of injunction—Civil penalty. Saving prior contracts. Severability—1967 c 201. 18.28.010 Definitions. Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meanings: (1) "Debt adjusting" means the managing, counseling, settling, adjusting, prorating, or liquidating of the indebtedness of a debtor, or receiving funds for the purpose of distributing said funds among creditors in payment or partial payment of obligations of a debtor. (2) "Debt adjuster", which includes any person known as a debt pooler, debt manager, debt consolidator, debt prorater, or credit counselor, is any person engaging in or holding himself or herself out as engaging in the business of debt adjusting for compensation. The term shall not include: (a) Attorneys-at-law, escrow agents, accountants, broker-dealers in securities, or investment advisors in securities, while performing services solely incidental to the practice of their professions; (b) Any person, partnership, association, or corporation doing business under and as permitted by any law of this state 18.28.010 (2008 Ed.) 18.28.080 or of the United States relating to banks, consumer finance businesses, consumer loan companies, trust companies, mutual savings banks, savings and loan associations, building and loan associations, credit unions, crop credit associations, development credit corporations, industrial development corporations, title insurance companies, or insurance companies; (c) Persons who, as employees on a regular salary or wage of an employer not engaged in the business of debt adjusting, perform credit services for their employer; (d) Public officers while acting in their official capacities and persons acting under court order; (e) Any person while performing services incidental to the dissolution, winding up or liquidation of a partnership, corporation, or other business enterprise; (f) Nonprofit organizations dealing exclusively with debts owing from commercial enterprises to business creditors; (g) Nonprofit organizations engaged in debt adjusting and which do not assess against the debtor a service charge in excess of fifteen dollars per month. (3) "Debt adjusting agency" is any partnership, corporation, or association engaging in or holding itself out as engaging in the business of debt adjusting. [1999 c 151 § 101; 1979 c 156 § 1; 1970 ex.s. c 97 § 1; 1967 c 201 § 1.] Part headings not law—1999 c 151: "Part headings used in this act are not any part of the law." [1999 c 151 § 2401.] Effective date—1999 c 151: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999." [1999 c 151 § 2402.] Effective date—1979 c 156: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect June 30, 1979." [1979 c 156 § 14.] Severability—1979 c 156: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1979 c 156 § 13.] 18.28.080 Fees for debt adjusting services—Limitations—Requirements. (1) By contract a debt adjuster may charge a reasonable fee for debt adjusting services. The total fee for debt adjusting services may not exceed fifteen percent of the total debt listed by the debtor on the contract. The fee retained by the debt adjuster from any one payment made by or on behalf of the debtor may not exceed fifteen percent of the payment. The debt adjuster may make an initial charge of up to twenty-five dollars which shall be considered part of the total fee. If an initial charge is made, no additional fee may be retained which will bring the total fee retained to date to more than fifteen percent of the total payments made to date. No fee whatsoever shall be applied against rent and utility payments for housing. In the event of cancellation or default on performance of the contract by the debtor prior to its successful completion, the debt adjuster may collect in addition to fees previously received, six percent of that portion of the remaining indebtedness listed on said contract which was due when the contract was entered into, but not to exceed twenty-five dollars. (2) A debt adjuster shall not be entitled to retain any fee until notifying all creditors listed by the debtor that the debtor has engaged the debt adjuster in a program of debt adjusting. 18.28.080 [Title 18 RCW—page 79] 18.28.090 Title 18 RCW: Businesses and Professions [1999 c 151 § 102; 1979 c 156 § 4; 1967 ex.s. c 141 § 2; 1967 c 201 § 8.] Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010. Effective date—Severability—1979 c 156: See notes following RCW 18.28.010. 18.28.090 Excess charges—Contract void—Return of payments. If a debt adjuster contracts for, receives or makes any charge in excess of the maximums permitted by this chapter, except as the result of an accidental and bona fide error, the debt adjuster’s contract with the debtor shall be void and the debt adjuster shall return to the debtor the amount of all payments received from the debtor or on the debtor’s behalf and not distributed to creditors. [1999 c 151 § 103; 1967 c 201 § 9.] 18.28.090 Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010. 18.28.100 Contract requirements. Every contract between a debt adjuster and a debtor shall: (1) List every debt to be handled with the creditor’s name and disclose the approximate total of all known debts; (2) Provide in precise terms payments reasonably within the ability of the debtor to pay; (3) Disclose in precise terms the rate and amount of all of the debt adjuster’s charges and fees; (4) Disclose the approximate number and amount of installments required to pay the debts in full; (5) Disclose the name and address of the debt adjuster and of the debtor; (6) Provide that the debt adjuster shall notify the debtor, in writing, within five days of notification to the debt adjuster by a creditor that the creditor refuses to accept payment pursuant to the contract between the debt adjuster and the debtor; (7) Contain the following notice in ten point boldface type or larger directly above the space reserved in the contract for the signature of the buyer: NOTICE TO DEBTOR: (a) Do not sign this contract before you read it or if any spaces intended for the agreed terms are left blank. (b) You are entitled to a copy of this contract at the time you sign it. (c) You may cancel this contract within three days of signing by sending notice of cancellation by certified mail return receipt requested to the debt adjuster at his or her address shown on the contract, which notice shall be posted not later than midnight of the third day (excluding Sundays and holidays) following your signing of the contract; and (8) Contain such other and further provisions or disclosures as are necessary for the protection of the debtor and the proper conduct of business by the debt adjuster. [1999 c 151 § 104; 1979 c 156 § 5; 1967 c 201 § 10.] 18.28.100 Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010. Effective date—Severability—1979 c 156: See notes following RCW 18.28.010. 18.28.110 Debt adjuster—Functions required to be performed. Every debt adjuster shall perform the following functions: 18.28.110 [Title 18 RCW—page 80] (1) Make a permanent record of all payments by debtors, or on the debtors’ behalf, and of all disbursements to creditors of such debtors, and shall keep and maintain in this state all such records, and all payments not distributed to creditors. No person shall intentionally make any false entry in any such record, or intentionally mutilate, destroy or otherwise dispose of any such record. Such records shall at all times be open for inspection by the attorney general or the attorney general’s authorized agent, and shall be preserved as original records or by microfilm or other methods of duplication for at least six years after making the final entry therein. (2) Deliver a completed copy of the contract between the debt adjuster and a debtor to the debtor immediately after the debtor executes the contract, and sign the debtor’s copy of such contract. (3) Unless paid by check or money order, deliver a receipt to a debtor for each payment within five days after receipt of such payment. (4) Distribute to the creditors of the debtor at least once each forty days after receipt of payment during the term of the contract at least eighty-five percent of each payment received from the debtor. (5) At least once every month render an accounting to the debtor which shall indicate the total amount received from or on behalf of the debtor, the total amount paid to each creditor, the total amount which any creditor has agreed to accept as payment in full on any debt owed the creditor by the debtor, the amount of charges deducted, and any amount held in trust. The debt adjuster shall in addition render such an account to a debtor within ten days after written demand. (6) Notify the debtor, in writing, within five days of notification to the debt adjuster by a creditor that the creditor refuses to accept payment pursuant to the contract between the debt adjuster and the debtor. [1999 c 151 § 105; 1979 c 156 § 6; 1967 c 201 § 11.] Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010. Effective date—Severability—1979 c 156: See notes following RCW 18.28.010. 18.28.120 Debt adjuster—Prohibited acts. A debt adjuster shall not: (1) Take any contract, or other instrument which has any blank spaces when signed by the debtor; (2) Receive or charge any fee in the form of a promissory note or other promise to pay or receive or accept any mortgage or other security for any fee, whether as to real or personal property; (3) Lend money or credit; (4) Take any confession of judgment or power of attorney to confess judgment against the debtor or appear as the debtor in any judicial proceedings; (5) Take, concurrent with the signing of the contract or as a part of the contract or as part of the application for the contract, a release of any obligation to be performed on the part of the debt adjuster; (6) Advertise services, display, distribute, broadcast or televise, or permit services to be displayed, advertised, distributed, broadcasted or televised in any manner whatsoever wherein any false, misleading or deceptive statement or rep18.28.120 (2008 Ed.) Debt Adjusting 18.28.200 resentation with regard to the services to be performed by the debt adjuster, or the charges to be made therefor, is made; (7) Offer, pay, or give any cash, fee, gift, bonus, premiums, reward, or other compensation to any person for referring any prospective customer to the debt adjuster; (8) Receive any cash, fee, gift, bonus, premium, reward, or other compensation from any person other than the debtor or a person in the debtor’s behalf in connection with his or her activities as a debt adjuster; or (9) Disclose to anyone the debtors who have contracted with the debt adjuster; nor shall the debt adjuster disclose the creditors of a debtor to anyone other than: (a) The debtor; or (b) another creditor of the debtor and then only to the extent necessary to secure the cooperation of such a creditor in a debt adjusting plan. [1999 c 151 § 106; 1967 c 201 § 12.] adjuster shall close out the debtor’s trust account in the following manner: (a) The debt adjuster may take from the account that amount necessary to satisfy any fees, other than any cancellation or default fee, authorized by this chapter. (b) After deducting the fees provided in subsection (2)(a) of this section, the debt adjuster shall distribute the remaining amount in the account to the creditors of the debtor. The distribution shall be made within five days of the demand therefor by the debtor, but if the debtor fails to make the demand, then the debt adjuster shall make the distribution within thirty days of the date of cancellation or default. [1999 c 151 § 109; 1979 c 156 § 8; 1967 c 201 § 15.] Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010. Effective date—Severability—1979 c 156: See notes following RCW 18.28.010. 18.28.130 Legal services—Rendering or obtaining— Using name of attorney—Prohibited. Without limiting the generality of the foregoing and other applicable laws, the debt adjuster, manager or an employee of the debt adjuster shall not: (1) Prepare, advise, or sign a release of attachment or garnishment, stipulation, affidavit for exemption, compromise agreement or other legal or court document, nor furnish legal advice or perform legal services of any kind; (2) Represent that he or she is authorized or competent to furnish legal advice or perform legal services; (3) Assume authority on behalf of creditors or a debtor or accept a power of attorney authorizing it to employ or terminate the services of any attorney or to arrange the terms of or compensate for such services; or (4) Communicate with the debtor or creditor or any other person in the name of any attorney or upon the stationery of any attorney or prepare any form or instrument which only attorneys are authorized to prepare. [1999 c 151 § 107; 1967 c 201 § 13.] 18.28.165 Investigations. For the purpose of discovering violations of this chapter or securing information lawfully required under this chapter, the office of the attorney general may at any time: Investigate the debt adjusting business and examine the books, accounts, records, and files used; have free access to the offices and places of business, books, accounts, papers, records, files, safes, and vaults of debt adjusters; and require the attendance of and examine under oath all persons whomsoever whose testimony might be required relative to such debt adjusting business or to the subject matter of any examination, investigation, or hearing. [1999 c 151 § 110; 1979 c 156 § 7.] 18.28.130 Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010. 18.28.140 Assignment of wages not prohibited. Nothing in this chapter shall be construed as prohibiting the assignment of wages by a debtor to a debt adjuster, if such assignment is otherwise in accordance with the law of this state. [1999 c 151 § 108; 1967 c 201 § 14.] Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010. 18.28.165 Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010. Effective date—Severability—1979 c 156: See notes following RCW 18.28.010. 18.28.180 Administrative procedure act to govern administration. The administrative procedure act, chapter 34.05 RCW, shall wherever applicable herein, govern the rights, remedies, and procedures respecting the administration of this chapter. [1967 c 201 § 18.] 18.28.180 18.28.140 18.28.185 Violations—Unfair practice under chapter 19.86 RCW. A violation of this chapter constitutes an unfair or deceptive act or practice in the conduct of trade or commerce under chapter 19.86 RCW. [1979 c 156 § 10.] 18.28.185 Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010. Effective date—Severability—1979 c 156: See notes following RCW 18.28.010. 18.28.150 Trust account for payments by debtor— Disbursements. (1) Any payment received by a debt adjuster from or on behalf of a debtor shall be held in trust by the debt adjuster from the moment it is received. The debt adjuster shall not commingle such payment with the debt adjuster’s own property or funds, but shall maintain a separate trust account and deposit in such account all such payments received. All disbursements whether to the debtor or to the creditors of the debtor, or to the debt adjuster, shall be made from such account. (2) In the event that the debtor cancels or defaults on the contract between the debtor and the debt adjuster, the debt 18.28.190 Violations—Penalty. Any person who violates any provision of this chapter or aids or abets such violation, or any rule lawfully adopted under this chapter or any order made under this chapter, is guilty of a misdemeanor. [1999 c 151 § 111; 1967 c 201 § 19.] 18.28.150 (2008 Ed.) 18.28.190 Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010. 18.28.200 Violations—Injunctions. Notwithstanding any other actions which may be brought under the laws of this state, the attorney general or the prosecuting attorney of any county within the state may bring an action in the name 18.28.200 [Title 18 RCW—page 81] 18.28.210 Title 18 RCW: Businesses and Professions of the state against any person to restrain and prevent any violation of this chapter. [1967 c 201 § 20.] 18.28.210 Violations—Assurance of discontinuance—Effect. The attorney general may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter in the enforcement thereof from any person engaging in or who has engaged in such act or practice. Any such assurance shall be in writing and be filed with and subject to the approval of the superior court of the county in which the alleged violator resides or has his principal place of business, or in the alternative, in Thurston county. Failure to perform the terms of any such assurance shall constitute prima facie proof of a violation of this chapter for the purpose of securing any injunction as provided for in RCW 18.28.200: PROVIDED, That after commencement of any action by a prosecuting attorney, as provided therein, the attorney general may not accept an assurance of discontinuance without the consent of said prosecuting attorney. [1967 c 201 § 21.] 18.28.210 18.29.140 18.29.150 18.29.160 18.29.170 18.29.180 18.29.190 18.29.210 18.29.220 18.29.230 18.29.900 18.29.910 18.29.915 Approval of educational programs. Examinations. Immunity. Committee meetings—Quorum—Effect of vacancy. Exemptions from chapter. Initial limited license. Rules. Community-based sealant programs in schools—Data collection. Services at senior centers and community-based sealant programs—Dental hygienist duties. Construction—1923 c 16. Severability—1923 c 16. Captions not law—1989 c 202. Reviser’s note: Powers and duties of the department of licensing and the director of licensing transferred to the department of health and the secretary of health. See RCW 43.70.220. Dentistry: Chapter 18.32 RCW. Health professions account—Fees credited—Requirements for biennial budget request—Unappropriated funds: RCW 43.70.320. Rebating by practitioners of healing professions prohibited: Chapter 19.68 RCW. Secretary of health or designee ex officio member of health professional licensure and disciplinary boards: RCW 43.70.300. 18.29.003 Regulation of health care professions— Criteria. See chapter 18.120 RCW. 18.29.003 18.28.220 Violation of injunction—Civil penalty. Any person who violates any injunction issued pursuant to this chapter shall forfeit and pay a civil penalty of not more than one thousand dollars. For the purpose of this section the superior court issuing any injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the attorney general acting in the name of the state may petition for the recovery of civil penalties. [1967 c 201 § 22.] 18.28.220 18.28.900 Saving prior contracts. The provisions of this chapter shall not invalidate or make unlawful contracts between debt adjusters and debtors executed prior to the effective date of this chapter. [1967 c 201 § 23.] 18.28.900 Effective date—1967 c 201: June 8, 1967, see preface to 1967 session laws. 18.28.910 Severability—1967 c 201. If any provision of this act, or its application to any person or circumstance, is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances, is not affected. [1967 c 201 § 24.] 18.28.910 Chapter 18.29 Chapter 18.29 RCW DENTAL HYGIENISTS Sections 18.29.003 18.29.005 18.29.011 18.29.021 18.29.045 18.29.050 18.29.053 18.29.056 18.29.060 18.29.071 18.29.076 18.29.100 18.29.110 18.29.120 18.29.130 Regulation of health care professions—Criteria. "Surfaces of the teeth" defined. License required. Requirements for licensing. Licensure by endorsement. Scope of licensee’s functions—Employment—Supervision. Expanded function dental auxiliary services—Supervision. Employment by health care facilities authorized—Limitations—Requirements for services performed in senior centers. License issuance—Display. Renewals. Application of uniform disciplinary act. Violations—Penalty—Prosecutions. Dental hygiene examining committee—Generally. Examinations—Secretary’s authority—Consultation with examining authority. Secretary’s authority—Generally—Continuing education. [Title 18 RCW—page 82] 18.29.005 "Surfaces of the teeth" defined. The term "surfaces of the teeth" as used in this chapter means the portions of the crown and root surface to which there is no periodontal membrane attached. [1969 c 47 § 6.] 18.29.005 18.29.011 License required. No person may practice as a dental hygienist in this state without having a license as such and, after the first year, an unexpired license renewal certificate. [1987 c 150 § 16.] 18.29.011 Severability—1987 c 150: See RCW 18.122.901. 18.29.021 Requirements for licensing. (1) The department shall issue a license to any applicant who, as determined by the secretary: (a) Has successfully completed an educational program approved by the secretary. This educational program shall include course work encompassing the subject areas within the scope of the license to practice dental hygiene in the state of Washington; (b) Has successfully completed an examination administered or approved by the dental hygiene examining committee; and (c) Has not engaged in unprofessional conduct or is not unable to practice with reasonable skill and safety as a result of a physical or mental impairment. (2) Applications for licensure must comply with administrative procedures, administrative requirements, and fees established according to RCW 43.70.250 and 43.70.280. [1996 c 191 § 10; 1995 c 198 § 4; 1991 c 3 § 46; 1989 c 202 § 1.] 18.29.021 18.29.045 Licensure by endorsement. An applicant holding a valid license and currently engaged in practice in another state may be granted a license without examination required by this chapter, on the payment of any required fees, if the secretary in consultation with the advisory committee determines that the other state’s licensing standards are sub18.29.045 (2008 Ed.) Dental Hygienists stantively equivalent to the standards in this state: PROVIDED, That the secretary in consultation with the advisory committee may require the applicant to: (1) File with the secretary documentation certifying the applicant is licensed to practice in another state; and (2) provide information as the secretary deems necessary pertaining to the conditions and criteria of the uniform disciplinary act, chapter 18.130 RCW and to demonstrate to the secretary a knowledge of Washington law pertaining to the practice of dental hygiene. [1991 c 3 § 47; 1989 c 202 § 29.] 18.29.050 Scope of licensee’s functions—Employment—Supervision. Any person licensed as a dental hygienist in this state may remove deposits and stains from the surfaces of the teeth, may apply topical preventive or prophylactic agents, may polish and smooth restorations, may perform root planing and soft-tissue curettage, and may perform other dental operations and services delegated to them by a licensed dentist: PROVIDED HOWEVER, That licensed dental hygienists shall in no event perform the following dental operations or services: (1) Any surgical removal of tissue of the oral cavity; (2) Any prescription of drugs or medications requiring the written order or prescription of a licensed dentist or physician, except that a hygienist may place antimicrobials pursuant to the order of a licensed dentist and under the dentist’s required supervision; (3) Any diagnosis for treatment or treatment planning; or (4) The taking of any impression of the teeth or jaw, or the relationships of the teeth or jaws, for the purpose of fabricating any intra-oral restoration, appliance, or prosthesis. Such licensed dental hygienists may perform dental operations and services only under the supervision of a licensed dentist, and under such supervision may be employed by hospitals, boards of education of public or private schools, county boards, boards of health, or public or charitable institutions, or in dental offices. [2003 c 257 § 1; 1997 c 37 § 1; 1971 ex.s. c 235 § 1; 1969 c 47 § 4; 1923 c 16 § 27; RRS § 10030-27.] 18.29.050 18.29.053 Expanded function dental auxiliary services—Supervision. A person who holds a license under this chapter and who has met the requirements under RCW 18.260.050 and has been issued a license to practice as an expanded function dental auxiliary may perform those expanded function dental auxiliary services identified in RCW 18.260.070 under the specified supervision of a supervising dentist. [2007 c 269 § 14.] 18.29.053 Application—Implementation—2007 c 269: See RCW 18.260.900 and 18.260.901. 18.29.056 Employment by health care facilities authorized—Limitations—Requirements for services performed in senior centers. (1)(a) Subject to RCW 18.29.230 and (c) of this subsection, dental hygienists licensed under this chapter with two years’ practical clinical experience with a licensed dentist within the preceding five years may be employed or retained by health care facilities to perform authorized dental hygiene operations and services without dental supervision, limited to removal of deposits 18.29.056 (2008 Ed.) 18.29.056 and stains from the surfaces of the teeth, application of topical preventive or prophylactic agents, polishing and smoothing restorations, and performance of root planing and soft-tissue curettage, but shall not perform injections of anesthetic agents, administration of nitrous oxide, or diagnosis for dental treatment. (b) The performance of dental hygiene operations and services in health care facilities shall be limited to patients, students, and residents of the facilities. (c) A dental hygienist employed or retained to perform services under this section in a senior center must, before providing services: (i) Enter into a written practice arrangement plan, approved by the department, with a dentist licensed in this state, under which the dentist will provide off-site supervision of the dental services provided. This agreement does not create an obligation for the dentist to accept referrals of patients receiving services under the program; (ii) Collect data on the patients treated by dental hygienists under the program, including age, treatments rendered, insurance coverage, if any, and patient referral to dentists. This data must be submitted to the department of health at the end of each annual quarter, commencing October 1, 2007; and (iii) Obtain information from the patient’s primary health care provider about any health conditions of the patient that would be relevant to the provision of preventive dental care. The information may be obtained by the dental hygienist’s direct contact with the provider or through a written document from the provider that the patient presents to the dental hygienist. (d) For dental planning and dental treatment, dental hygienists shall refer patients to licensed dentists. (2) For the purposes of this section: (a) "Health care facilities" are limited to hospitals; nursing homes; home health agencies; group homes serving the elderly, individuals with disabilities, and juveniles; stateoperated institutions under the jurisdiction of the department of social and health services or the department of corrections; and federal, state, and local public health facilities, state or federally funded community and migrant health centers, and tribal clinics. Until July 1, 2009, "health care facilities" also include senior centers. (b) "Senior center" means a multipurpose community facility operated and maintained by a nonprofit organization or local government for the organization and provision of a broad spectrum of health, social, nutritional, and educational services and recreational activities for persons sixty years of age or older. [2007 c 270 § 1; 1997 c 37 § 2; 1984 c 279 § 63.] Report—2007 c 270: "The secretary of health, in consultation with representatives of dental hygienists and dentists, shall provide a report to the appropriate committees of the legislature by December 1, 2008, that: (1) Provides a summary of the information about patients receiving de n t a l se r vi c e s i n se n i or c e n te r s t h a t i s c o l le c t e d u nd e r RC W 18.29.056(1)(c)(ii), and in community-based sealant programs carried out in schools under RCW 18.29.220, and describing the dental health outcomes, including both effects on dental health and adverse incidents, if any, related to the services these patients receive under the programs; and (2) Makes recommendations, as appropriate, with regard to the services that could be appropriately provided by dental hygienists in senior centers and community-based sealant programs carried out in schools, and the effects on dental health of patients treated." [2007 c 270 § 4.] [Title 18 RCW—page 83] 18.29.060 Title 18 RCW: Businesses and Professions Severability—1984 c 279: See RCW 18.130.901. 18.29.060 License issuance—Display. Upon passing an examination and meeting the requirements as provided in RCW 18.29.021, the secretary of health shall issue to the successful applicant a license as dental hygienist. The license shall be displayed in a conspicuous place in the operation room where such licensee shall practice. [1991 c 3 § 48; 1989 c 202 § 12; 1985 c 7 § 21; 1981 c 277 § 4; 1979 c 158 § 32; 1923 c 16 § 31; RRS § 10030-31.] 18.29.060 18.29.071 Renewals. The secretary shall establish the administrative procedures, administrative requirements, and fees for renewal of licenses as provided in this chapter and in RCW 43.70.250 and 43.70.280. [1996 c 191 § 11; 1991 c 3 § 49; 1989 c 202 § 2.] 18.29.071 18.29.076 Application of uniform disciplinary act. The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [1987 c 150 § 15; 1986 c 259 § 31.] 18.29.076 Severability—1987 c 150: See RCW 18.122.901. Severability—1986 c 259: See note following RCW 18.130.010. 18.29.100 Violations—Penalty—Prosecutions. Any person who shall violate any provision of this chapter shall be guilty of a misdemeanor. It shall be the duty of the prosecuting attorney of each county to prosecute all cases involving a violation of this chapter arising within his or her county. The attorney general may assist in such prosecutions and shall appear at all hearings when requested to do so by the secretary of health. [1991 c 3 § 50; 1979 c 158 § 34; 1923 c 16 § 36; RRS § 10030-36.] 18.29.100 Violation of chapter 69.50 RCW, the Uniform Controlled Substances Act— Suspension of license: RCW 69.50.413. 18.29.110 Dental hygiene examining committee— Generally. There shall be a dental hygiene examining committee consisting of three practicing dental hygienists and one public member appointed by the secretary, to be known as the Washington dental hygiene examining committee. Each dental hygiene member shall be licensed and have been actively practicing dental hygiene for a period of not less than five years immediately before appointment and shall not be connected with any dental hygiene school. The public member shall not be connected with any dental hygiene program or engaged in any practice or business related to dental hygiene. Members of the committee shall be appointed by the secretary to prepare and conduct examinations for dental hygiene licensure. Members shall be appointed to serve for terms of three years from October 1 of the year in which they are appointed. Terms of the members shall be staggered. Each member shall hold office for the term of his or her appointment and until his or her successor is appointed and qualified. Any member of the committee may be removed by the secretary for neglect of duty, misconduct, malfeasance, or misfeasance in office, after being given a written statement of the charges against him or her and sufficient opportunity to be heard thereon. Members of the committee shall be com18.29.110 [Title 18 RCW—page 84] pensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. [1991 c 3 § 51; 1989 c 202 § 3.] 18.29.120 Examinations—Secretary’s authority— Consultation with examining authority. The secretary in consultation with the Washington dental hygiene examining committee shall: (1) Adopt rules in accordance with chapter 34.05 RCW necessary to prepare and conduct examinations for dental hygiene licensure; (2) Require an applicant for licensure to pass an examination consisting of written and practical tests upon such subjects and of such scope as the committee determines; (3) Set the standards for passage of the examination; (4) Administer at least two examinations each calendar year. Additional examinations may be given as necessary; and (5) Establish by rule the procedures for an appeal of an examination failure. [1995 c 198 § 5; 1991 c 3 § 52; 1989 c 202 § 4.] 18.29.120 18.29.130 Secretary’s authority—Generally—Continuing education. In addition to any other authority provided by law, the secretary may: (1) Adopt rules in accordance with chapter 34.05 RCW necessary to implement this chapter; (2) Establish forms necessary to administer this chapter; (3) Issue a license to any applicant who has met the education and examination requirements for licensure and deny a license to applicants who do not meet the minimum qualifications for licensure. Proceedings concerning the denial of licenses based on unprofessional conduct or impaired practice shall be governed by the uniform disciplinary act, chapter 18.130 RCW; (4) Employ clerical, administrative, and investigative staff as needed to implement and administer this chapter and hire individuals, including those licensed under this chapter, to serve as examiners or consultants as necessary to implement and administer this chapter; (5) Maintain the official departmental record of all applicants and licensees; (6) Establish, by rule, the minimum education requirements for licensure, including but not limited to approval of educational programs; and (7) Establish and implement by rule a continuing education program. [1991 c 3 § 53; 1989 c 202 § 5.] 18.29.130 18.29.140 Approval of educational programs. The secretary shall establish by rule the standards and procedures for approval of educational programs and may contract with individuals or organizations having expertise in the profession or in education to report to the secretary information necessary for the secretary to evaluate the educational programs. The secretary may establish a fee for educational program evaluation. The fee shall be set to defray the administrative costs for evaluating the educational program, including, but not limited to, costs for site evaluation. [1991 c 3 § 54; 1989 c 202 § 6.] 18.29.140 (2008 Ed.) Dental Hygienists 18.29.150 Examinations. (1) The secretary shall establish the date and location of the examination. Applicants who meet the education requirements for licensure shall be scheduled for the next examination following the filing of the application. The secretary shall establish by rule the examination application deadline. (2) The examination shall contain subjects appropriate to the scope of practice and on laws in the state of Washington regulating dental hygiene practice. (3) The committee shall establish by rule the requirements for a reexamination if the applicant has failed the examination. (4) The committee may approve an examination prepared or administered by a private testing agency or association of licensing authorities. [1991 c 3 § 55; 1989 c 202 § 7.] 18.29.150 18.29.160 Immunity. The secretary, members of the committee, and individuals acting on their behalf are immune from suit in any action, civil or criminal, based on any acts performed in the course of their duties. [1991 c 3 § 56; 1989 c 202 § 8.] 18.29.160 18.29.170 Committee meetings—Quorum—Effect of vacancy. The committee shall meet at least once a year and at such times as may be necessary for the transaction of business. A majority of the committee shall constitute a quorum. A vacancy in the committee membership shall not impair the right of the remaining members of the committee to exercise any power or to perform any duty of the committee, so long as the power is exercised or the duty performed by a quorum of the committee. [1989 c 202 § 9.] 18.29.170 18.29.180 Exemptions from chapter. The following practices, acts, and operations are excepted from the operation of this chapter: (1) The practice of dental hygiene in the discharge of official duties by dental hygienists in the United States armed services, coast guard, public health services, veterans’ bureau, or bureau of Indian affairs; (2) Dental hygiene programs approved by the secretary and the practice of dental hygiene by students in dental hygiene programs approved by the secretary, when acting under the direction and supervision of persons licensed under chapter 18.29 or 18.32 RCW acting as instructors; (3) The practice of dental hygiene by students in accredited dental hygiene educational programs when acting under the direction and supervision of instructors licensed under chapter 18.29 or 18.32 RCW. [2004 c 262 § 4; 1991 c 3 § 57; 1989 c 202 § 10.] 18.29.180 Findings—2004 c 262: See note following RCW 18.06.050. 18.29.190 Initial limited license. (1) The department shall issue an initial limited license without the examination required by this chapter to any applicant who, as determined by the secretary: (a) Holds a valid license in another state that allows a substantively equivalent scope of practice in subsection (3)(a) through (j) of this section; 18.29.190 (2008 Ed.) 18.29.190 (b) Is currently engaged in active practice in another state. For the purposes of this section, "active practice" means five hundred sixty hours of practice in the preceding twenty-four months; (c) Files with the secretary documentation certifying that the applicant: (i) Has graduated from an accredited dental hygiene school approved by the secretary; (ii) Has successfully completed the dental hygiene national board examination; and (iii) Is licensed to practice in another state; (d) Provides information as the secretary deems necessary pertaining to the conditions and criteria of the uniform disciplinary act, chapter 18.130 RCW; (e) Demonstrates to the secretary a knowledge of Washington state law pertaining to the practice of dental hygiene, including the administration of legend drugs; (f) Pays any required fees; and (g) Meets requirements for AIDS education. (2) The term of the initial limited license issued under this section is eighteen months and it is renewable upon: (a) Demonstration of successful passage of a substantively equivalent dental hygiene patient evaluation/prophylaxis examination; (b) Demonstration of successful passage of a substantively equivalent local anesthesia examination; and (c) Demonstration of didactic and clinical competency in the administration of nitrous oxide analgesia. (3) A person practicing with an initial limited license granted under this section has the authority to perform hygiene procedures that are limited to: (a) Oral inspection and measuring of periodontal pockets; (b) Patient education in oral hygiene; (c) Taking intra-oral and extra-oral radiographs; (d) Applying topical preventive or prophylactic agents; (e) Polishing and smoothing restorations; (f) Oral prophylaxis and removal of deposits and stains from the surface of the teeth; (g) Recording health histories; (h) Taking and recording blood pressure and vital signs; (i) Performing subgingival and supragingival scaling; and (j) Performing root planing. (4)(a) A person practicing with an initial limited license granted under this section may not perform the following dental hygiene procedures unless authorized in (b) or (c) of this subsection: (i) Give injections of local anesthetic; (ii) Place restorations into the cavity prepared by a licensed dentist and afterwards carve, contour, and adjust contacts and occlusion of the restoration; (iii) Soft tissue curettage; or (iv) Administer nitrous oxide/oxygen analgesia. (b) A person licensed in another state who can demonstrate substantively equivalent licensing standards in the administration of local anesthetic may receive a temporary endorsement to administer local anesthesia. For purposes of the renewed limited license, this endorsement demonstrates the successful passage of the local anesthesia examination. [Title 18 RCW—page 85] 18.29.210 Title 18 RCW: Businesses and Professions (c) A person licensed in another state who can demonstrate substantively equivalent licensing standards in restorative procedures may receive a temporary endorsement for restorative procedures. (5)(a) A person practicing with a renewed limited license granted under this section may: (i) Perform hygiene procedures as provided under subsection (3) of this section; (ii) Give injections of local anesthetic; (iii) Perform soft tissue curretage; and (iv) Administer nitrous oxide/oxygen analgesia. (b) A person practicing with a renewed limited license granted under this section may not place restorations into the cavity prepared by a licensed dentist and afterwards carve, contour, and adjust contacts and occlusion of the restoration. [2006 c 66 § 1; 2004 c 262 § 3; 1993 c 323 § 2.] Findings—2004 c 262: See note following RCW 18.06.050. 18.29.210 Rules. The secretary in consultation with the dental hygiene examining committee shall develop rules and definitions to implement this chapter. [1993 c 323 § 4.] 18.29.210 (a) A notice that the treatment being given under the program is not a comprehensive oral health care service, but is provided as a preventive service only; and (b) A recommendation that the patient should be examined by a licensed dentist for comprehensive oral health care services; and (2) Assist the patient in obtaining a referral for further dental planning and treatment, including providing a written description of methods and sources by which a patient may obtain a referral, if needed, to a dentist, and a list of licensed dentists in the community. Written information should be provided to the parent on the potential needs of the patient. [2007 c 270 § 3.] Report—2007 c 270: See note following RCW 18.29.056. 18.29.900 Construction—1923 c 16. Words used in this chapter importing the singular number may also be applied to the plural of persons and things. Words importing the plural may be applied to the singular, and words importing the masculine gender may be extended to females also. [1923 c 16 § 37.] 18.29.900 Number and gender: RCW 1.12.050. 18.29.910 Severability—1923 c 16. Should any section of this chapter, or any portion of any section be for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. [1923 c 16 § 38.] 18.29.910 18.29.220 Community-based sealant programs in schools—Data collection. For low-income, rural, and other at-risk populations and in coordination with local public health jurisdictions and local oral health coalitions, a dental hygienist licensed in this state may assess for and apply sealants and apply fluoride varnishes, and may remove deposits and stains from the surfaces of teeth until July 1, 2009, in community-based sealant programs carried out in schools: (1) Without attending the department’s school sealant endorsement program if the dental hygienist was licensed as of April 19, 2001; or (2) If the dental hygienist is school sealant endorsed under RCW 43.70.650. A hygienist providing services under this section must collect data on patients treated, including age, treatment rendered, methods of reimbursement for treatment, evidence of coordination with local public health jurisdictions and local oral health coalitions, and patient referrals to dentists. These [This] data must be submitted to the department of health at the end of each annual quarter, commencing October 1, 2007. [2007 c 270 § 2; 2001 c 93 § 3.] 18.29.220 Report—2007 c 270: See note following RCW 18.29.056. Findings—Intent—Effective date—2001 c 93: See notes following RCW 43.70.650. 18.29.230 Services at senior centers and communitybased sealant programs—Dental hygienist duties. A dental hygienist participating in a program under RCW 18.29.056 that involves providing services at senior centers, as defined in RCW 18.29.056, or under RCW 18.29.220 that involves removing deposits and stains from the surfaces of teeth in a community-based sealant program must: (1) Provide the patient or, if the patient is a minor, the parent or legal guardian of the patient, if reasonably available, with written information that includes at least the following: 18.29.230 [Title 18 RCW—page 86] 18.29.915 Captions not law—1989 c 202. Section headings as used in this act do not constitute any part of the law. [1989 c 202 § 11.] 18.29.915 Chapter 18.30 Chapter 18.30 RCW DENTURISTS Sections 18.30.005 18.30.010 18.30.020 18.30.030 18.30.040 18.30.050 18.30.060 18.30.065 18.30.090 18.30.100 18.30.120 18.30.130 18.30.135 18.30.140 18.30.150 18.30.900 18.30.901 Finding, intent. Definitions. Examination of patient—Sanctions—Training and licensing examination. Licensing required. Exclusions from chapter. Board of denturists—Members, terms, travel expenses, removal. Board—Officers, quorum. Duties of board. Licensing requirements. Licensing examinations. Requirements determined by secretary—License content. License renewal. Discipline. Inactive licenses. Partnerships with dentists. Short title—1995 c 1 (Initiative Measure No. 607). Severability—1995 c 1 (Initiative Measure No. 607). 18.30.005 Finding, intent. The state of Washington finds that to realize the state’s current statutory policy of regulating health professions at the least restrictive level consistent with the public interest, a program of licensure for denturists should be established. The intent of the legislature is to help assure the public’s health, provide a mechanism for consumer protection, and offer cost-effective alternatives for denture care services and products to individual consumers 18.30.005 (2008 Ed.) Denturists and the state. [1995 c 1 § 1 (Initiative Measure No. 607, approved November 8, 1994).] 18.30.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Board" means the Washington state board of denturists. (2) "Denture" means a removable full or partial upper or lower dental appliance to be worn in the mouth to replace missing natural teeth. (3) "Denturist" means a person licensed under this chapter to engage in the practice of denturism. (4) "Department" means the department of health. (5) "Practice of denturism" means: (a) Making, placing, constructing, altering, reproducing, or repairing a denture; and (b) Taking impressions and furnishing or supplying a denture directly to a person or advising the use of a denture, and maintaining a facility for the same. (6) "Secretary" means the secretary of health or the secretary’s designee. [2002 c 160 § 1; 1995 c 1 § 2 (Initiative Measure No. 607, approved November 8, 1994).] 18.30.010 18.30.020 Examination of patient—Sanctions— Training and licensing examination. (1) Before making and fitting a denture, a denturist shall examine the patient’s oral cavity. (a) If the examination gives the denturist reasonable cause to believe that there is an abnormality or disease process that requires medical or dental treatment, the denturist shall immediately refer the patient to a dentist or physician. In such cases, the denturist shall take no further action to manufacture or place a denture until the patient has been examined by a dentist or physician and the dentist or physician gives written clearance that the denture will pose no threat to the patient’s health. (b) If the examination reveals the need for tissue or teeth modification in order to assure proper fit of a full or partial denture, the denturist shall refer the patient to a dentist and assure that the modification has been completed before taking an impression for the completion of the denture. (2) A denturist who makes or places a denture in a manner not consistent with this section is subject to the sanctions provided in chapter 18.130 RCW, the uniform disciplinary act. (3) A denturist must successfully complete special training in oral pathology prescribed by the board, whether as part of an approved associate degree program or equivalent training, and pass an examination prescribed by the board, which may be a part of the examination for licensure to become a licensed denturist. [2002 c 160 § 2; 1995 c 198 § 18; 1995 c 1 § 3 (Initiative Measure No. 607, approved November 8, 1994).] 18.30.020 18.30.060 or description of services without applying for licensure, meeting the required qualifications, and being licensed as a denturist by the department, unless otherwise exempted by this chapter. [1995 c 1 § 4 (Initiative Measure No. 607, approved November 8, 1994).] 18.30.040 Exclusions from chapter. Nothing in this chapter prohibits or restricts: (1) The practice of a profession by an individual who is licensed, certified, or registered under other laws of this state and who is performing services within the authorized scope of practice; (2) The practice of denturism by an individual employed by the government of the United States while the individual is engaged in the performance of duties prescribed by the laws and regulations of the United States; (3) The practice of denturism by students enrolled in a school approved by the board. The performance of services must be pursuant to a course of instruction or an assignment from an instructor and under the supervision of an instructor; or (4) Work performed by dental labs and dental technicians under the written prescription of a dentist. [2002 c 160 § 3; 1995 c 1 § 5 (Initiative Measure No. 607, approved November 8, 1994).] 18.30.040 Effective date—1995 c 198 §§ 18-25: "Sections 18 through 25 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 1, 1995]." [1995 c 198 § 27.] 18.30.050 Board of denturists—Members, terms, travel expenses, removal. (1) The Washington state board of denturists is created. The board shall consist of seven members appointed by the secretary as follows: (a) Four members of the board must be denturists licensed under this chapter, except initial appointees, who must have five years’ experience in the field of denturism or a related field. (b) Two members shall be selected from persons who are not affiliated with any health care profession or facility, at least one of whom must be over sixty-five years of age representing the elderly. (c) One member must be a dentist licensed in the state of Washington. (2) The members of the board shall serve for terms of three years. The terms of the initial members shall be staggered, with the members appointed under subsection (1)(a) of this section serving two-year and three-year terms initially and the members appointed under subsection (1)(b) and (c) of this section serving one-year, two-year, and three-year terms initially. Vacancies shall be filled in the same manner as the original appointments are made. Appointments to fill vacancies shall be for the remainder of the unexpired term of the vacant position. (3) No appointee may serve more than two consecutive terms. (4) Members of the board shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060. (5) A member of the board may be removed for just cause by the secretary. [2002 c 160 § 4; 1995 c 1 § 6 (Initiative Measure No. 607, approved November 8, 1994).] 18.30.030 Licensing required. No person may represent himself or herself as a licensed denturist or use any title 18.30.060 Board—Officers, quorum. (1) The board shall elect a chairperson of the board annually. The same per- 18.30.030 (2008 Ed.) 18.30.050 18.30.060 [Title 18 RCW—page 87] 18.30.065 Title 18 RCW: Businesses and Professions son may not hold the office of chairperson for more than three years in succession. (2) A majority of the board constitutes a quorum for all purposes, and a majority vote of the members voting governs the decisions of the board. [1995 c 1 § 7 (Initiative Measure No. 607, approved November 8, 1994).] 18.30.065 Duties of board. The board shall: (1) Determine the qualifications of persons applying for licensure under this chapter; (2) Prescribe, administer, and determine the requirements for examinations under this chapter and establish a passing grade for licensure under this chapter; (3) Adopt rules under chapter 34.05 RCW to carry out the provisions of this chapter in consultation and in agreement with the secretary; (4) Have authority to provide requirements for continuing competency as a condition of license renewal by rule in agreement with the secretary; and (5) Evaluate and approve those schools from which graduation is accepted as proof of an applicant’s completion of coursework requirements for licensure. [2002 c 160 § 5.] 18.30.065 18.30.090 Licensing requirements. The secretary shall issue a license to practice denturism to an applicant who submits a completed application, pays the appropriate fees, and meets the following requirements: (1) A person currently licensed to practice denturism under statutory provisions of another state, territory of the United States, District of Columbia, or Puerto Rico, with substantially equivalent licensing standards to this chapter shall be licensed without examination upon providing the department with the following: (a) Proof of successfully passing a written and clinical examination for denturism in a state, territory of the United States, District of Columbia, or Puerto Rico, that the board has determined has substantially equivalent licensing standards as those in this chapter, including but not limited to both the written and clinical examinations; and (b) An affidavit from the licensing agency where the person is licensed or certified attesting to the fact of the person’s licensure or certification. (2) A person graduating from a formal denturism program shall be licensed if he or she: (a) Documents successful completion of formal training with a major course of study in denturism of not less than two years in duration at an educational institution approved by the board; and (b) Passes a written and clinical examination approved by the board. [2002 c 160 § 6; 1995 c 198 § 20; 1995 c 1 § 10 (Initiative Measure No. 607, approved November 8, 1994).] test shall include a written examination and a practical demonstration of skills. (2) Examinations shall be held at least annually. (3) The first examination shall be conducted not later than July 1, 1995. (4) The written examination shall cover the following subjects: (a) Head and oral anatomy and physiology; (b) oral pathology; (c) partial denture construction and design; (d) microbiology; (e) clinical dental technology; (f) dental laboratory technology; (g) clinical jurisprudence; (h) asepsis; (i) medical emergencies; and (j) cardiopulmonary resuscitation. (5) Upon payment of the appropriate fee, an applicant who fails either the written or practical examination may have additional opportunities to take the portion of the examination that he or she failed. The secretary may hire trained persons licensed under this chapter to prepare, administer, and grade the examinations or may contract with regional examiners who meet qualifications adopted by the board. [2002 c 160 § 7; 1995 c 198 § 21; 1995 c 1 § 11 (Initiative Measure No. 607, approved November 8, 1994).] Effective date—1995 c 198 §§ 18-25: See note following RCW 18.30.020. 18.30.090 Effective date—1995 c 198 §§ 18-25: See note following RCW 18.30.020. 18.30.120 Requirements determined by secretary— License content. (1) The licensing period, administrative procedures, administrative requirements, and fees shall be determined by the secretary as provided in RCW 43.70.250 and 43.70.280. (2) The license shall contain, on its face, the address or addresses where the license holder will perform the denturist services. [1996 c 191 § 12; 1995 c 1 § 13 (Initiative Measure No. 607, approved November 8, 1994).] 18.30.120 18.30.130 License renewal. The secretary shall establish by rule the requirements for renewal of licenses to practice denturism, but shall not increase the licensure requirements provided in this chapter. The secretary shall establish administrative procedures, administrative requirements, and fees for license periods and renewals as provided in RCW 43.70.250 and 43.70.280. [1996 c 191 § 13; 1995 c 198 § 23; 1995 c 1 § 14 (Initiative Measure No. 607, approved November 8, 1994).] 18.30.130 Effective date—1995 c 198 §§ 18-25: See note following RCW 18.30.020. 18.30.135 Discipline. The Uniform Disciplinary Act, chapter 18.130 RCW, shall govern the issuance and denial of licenses, unauthorized practice, and the discipline of persons licensed under this chapter. The secretary shall be the disciplinary authority under this chapter. [1995 c 336 § 3.] 18.30.135 Effective date—1995 c 336 §§ 2 and 3: See note following RCW 18.130.040. 18.30.140 Inactive licenses. (1) An individual may place his or her license on inactive status. The holder of an inactive license shall not practice denturism in this state without first activating the license. (2) An inactive license may be placed in an active status upon compliance with rules established by the board. 18.30.140 18.30.100 Licensing examinations. The board shall administer the examinations for licensing under this chapter, subject to the following requirements: (1) Examinations shall determine the qualifications, fitness, and ability of the applicant to practice denturism. The 18.30.100 [Title 18 RCW—page 88] (2008 Ed.) Dentistry (3) The provisions relating to denial, suspension, and revocation of a license are applicable to an inactive license, except that when proceedings to suspend or revoke an inactive license have been initiated, the license shall remain inactive until the proceedings have been completed. [2002 c 160 § 8; 1995 c 198 § 24; 1995 c 1 § 15 (Initiative Measure No. 607, approved November 8, 1994).] Effective date—1995 c 198 §§ 18-25: See note following RCW 18.30.020. 18.30.150 Partnerships with dentists. Notwithstanding any other provision of state law, a licensed denturist may enter into a partnership or other business association with a dentist, provided that such association does not impede the independent professional judgment of either party. [1995 c 1 § 16 (Initiative Measure No. 607, approved November 8, 1994).] 18.30.150 18.30.900 Short title—1995 c 1 (Initiative Measure No. 607). This chapter may be known and cited as the Washington state denturist act. [1995 c 1 § 17 (Initiative Measure No. 607, approved November 8, 1994).] 18.30.900 18.30.901 Severability—1995 c 1 (Initiative Measure No. 607). If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1995 c 1 § 26 (Initiative Measure No. 607, approved November 8, 1994).] 18.32.002 18.32.410 18.32.420 18.32.530 18.32.533 18.32.534 18.32.640 18.32.655 18.32.665 18.32.675 18.32.685 18.32.695 18.32.705 18.32.715 18.32.725 18.32.735 18.32.745 18.32.755 18.32.765 18.32.900 18.32.910 18.32.915 18.32.916 18.32.917 Dentists filing charges or presenting evidence before dental society committee or board—Immunity from civil suit. Records of dental society committees or boards not subject to civil process. "Unprofessional conduct." Unprofessional conduct—Abrogation of copayment provisions. Impaired dentist program—Content—License surcharge. Rules—Administration of sedation and general anesthesia. Commission—Supervision of records—Rules. Advertising—False—Credit terms. Practice or solicitation by corporations prohibited—Penalty. Prescriptions—Filled by druggists. Identification of new dental prostheses. Identification of previously fabricated prostheses. Identification of dental prostheses—Violation. Sanitary regulations. Unlawful practice—Hygienists—Penalty. Unlawful practice—Employing unlicensed dentist—Penalty. Advertising—Names used—Penalty. Pilot project—Commission—Authority over budget. Severability—1935 c 112. Severability—1953 c 93. Severability—1977 ex.s. c 5. Severability—1979 c 38. Severability—Headings and captions not law—Effective date—1994 sp.s. c 9. Anesthesia, administration for nondental purposes: RCW 18.71.030. Dental hygienists: Chapter 18.29 RCW. 18.30.901 Chapter 18.32 Chapter 18.32 RCW DENTISTRY Sections 18.32.002 18.32.005 18.32.010 18.32.020 18.32.030 18.32.0351 18.32.0353 18.32.0355 18.32.0357 18.32.0358 18.32.0361 18.32.0363 18.32.0365 18.32.039 18.32.040 18.32.050 18.32.091 18.32.100 18.32.110 18.32.160 18.32.170 18.32.180 18.32.185 18.32.190 18.32.195 18.32.215 18.32.220 18.32.222 18.32.226 18.32.390 18.32.400 (2008 Ed.) Findings—Purpose. Regulation of health care professions—Criteria. Words defined. Practice of dentistry defined. Exemptions from chapter. Commission established—Membership. Commission—Removal of member—Order of removal— Vacancy. Commission—Qualifications of members. Commission—Duties and powers—Attorney general to advise, represent. Commission successor to other boards. Compensation of commission members. Examinations—Contracts for administration—Multistate. Rules. Application of uniform disciplinary act. Requirements for licensure. Compensation and reimbursement for administering examination. License required. Applications. Application fee. Licenses—Who shall sign. Duplicate licenses—Fee. License renewal. Inactive license status. Licenses display—Notification of address. University of Washington dental school faculty and residents—Licenses. Licensure without examination—Licensed in another state. Certificate available for dentists going out-of-state. Commission report—Foreign-trained dentists—Licensure. Community-based sealant programs in schools. Penalty—General. Dentist members of committees to evaluate credentials and qualifications of dentists—Immunity from civil suit. Dentists, actions against, limitation of: RCW 4.16.350. Health professions account—Fees credited—Requirements for biennial budget request—Unappropriated funds: RCW 43.70.320. Lien of doctors: Chapter 60.44 RCW. Rebating by practitioners of healing professions prohibited: Chapter 19.68 RCW. 18.32.002 Findings—Purpose. The legislature finds that the health and well-being of the people of this state are of paramount importance. The legislature further finds that the conduct of members of the dental profession licensed to practice dentistry in this state plays a vital role in preserving the health and well-being of the people of the state. The legislature further finds that requiring continuing dental education for all licensed dentists in the state is an important component of providing high quality dentistry for the people of this state. The legislature further finds that there is no effective means of handling disciplinary proceedings against members of the dental profession licensed in this state when such proceedings are necessary for the protection of the public health. Therefore, the legislature declares its intention to exercise the police power of the state to protect the public health, to promote the welfare of the state, and to provide a commission to act as a disciplinary and regulatory body for the members of the dental profession licensed to practice dentistry in this state. It is the purpose of the commission established in RCW 18.32.0351 to regulate the competency and quality of professional health care providers under its jurisdiction by establishing, monitoring, and enforcing qualifications for licensure, continuing education, consistent standards of practice, continuing competency mechanisms, and discipline. Rules, policies, and procedures developed by the commission must promote the delivery of quality health care to the residents of the state. [1999 c 364 § 1; 1994 sp.s. c 9 § 201.] 18.32.002 [Title 18 RCW—page 89] 18.32.005 Title 18 RCW: Businesses and Professions 18.32.005 18.32.005 Regulation of health care professions— Criteria. See chapter 18.120 RCW. 18.32.010 18.32.010 Words defined. Words used in the singular in this chapter may also be applied to the plural of the persons and things; words importing the plural may be applied to the singular; words importing the masculine gender may be extended to females also; the term "commission" used in this chapter shall mean the Washington state dental quality assurance commission; and the term "secretary" shall mean the secretary of health of the state of Washington. [1994 sp.s. c 9 § 202; 1991 c 3 § 58; 1935 c 112 § 1; RRS § 10031-1.] Number and gender: RCW 1.12.050. 18.32.020 18.32.020 Practice of dentistry defined. A person practices dentistry, within the meaning of this chapter, who (1) represents himself as being able to diagnose, treat, remove stains and concretions from teeth, operate or prescribe for any disease, pain, injury, deficiency, deformity, or physical condition of the human teeth, alveolar process, gums, or jaw, or (2) offers or undertakes by any means or methods to diagnose, treat, remove stains or concretions from teeth, operate or prescribe for any disease, pain, injury, deficiency, deformity, or physical condition of the same, or take impressions of the teeth or jaw, or (3) owns, maintains or operates an office for the practice of dentistry, or (4) engages in any of the practices included in the curricula of recognized and approved dental schools or colleges, or (5) professes to the public by any method to furnish, supply, construct, reproduce, or repair any prosthetic denture, bridge, appliance, or other structure to be worn in the human mouth. The fact that a person uses any dental degree, or designation, or any card, device, directory, poster, sign, or other media whereby he represents himself to be a dentist, shall be prima facie evidence that such person is engaged in the practice of dentistry. X-ray diagnosis as to the method of dental practice in which the diagnosis and examination is made of the normal and abnormal structures, parts or functions of the human teeth, the alveolar process, maxilla, mandible or soft tissues adjacent thereto, is hereby declared to be the practice of dentistry. Any person other than a regularly licensed physician or surgeon who makes any diagnosis or interpretation or explanation, or attempts to diagnose or to make any interpretation or explanation of the registered shadow or shadows of any part of the human teeth, alveolar process, maxilla, mandible or soft tissues adjacent thereto by the use of X-ray is declared to be engaged in the practice of dentistry, medicine or surgery. The practice of dentistry includes the performance of any dental or oral and maxillofacial surgery. "Oral and maxillofacial surgery" means the specialty of dentistry that includes the diagnosis and surgical and adjunctive treatment of diseases, injuries, and defects of the hard and soft tissues of the oral and maxillofacial region. [1996 c 259 § 1; 1957 c 98 § 1; 1957 c 52 § 20. Prior: (i) 1935 c 112 § 6; RRS § 10031-6. (ii) 1943 c 240 § 1; Rem. Supp. 1943 § 10031-6a.] [Title 18 RCW—page 90] 18.32.030 Exemptions from chapter. The following practices, acts, and operations are excepted from the operation of the provisions of this chapter: (1) The rendering of dental relief in emergency cases in the practice of his or her profession by a physician or surgeon, licensed as such and registered under the laws of this state, unless the physician or surgeon undertakes to or does reproduce lost parts of the human teeth in the mouth or to restore or to replace in the human mouth lost or missing teeth; (2) The practice of dentistry in the discharge of official duties by dentists in the United States federal services on federal reservations, including but not limited to the armed services, coast guard, public health service, veterans’ bureau, or bureau of Indian affairs; (3) Dental schools or colleges approved under RCW 18.32.040, and the practice of dentistry by students in accredited dental schools or colleges approved by the commission, when acting under the direction and supervision of Washington state-licensed dental school faculty; (4) The practice of dentistry by licensed dentists of other states or countries while appearing as clinicians at meetings of the Washington state dental association, or component parts thereof, or at meetings sanctioned by them, or other groups approved by the commission; (5) The use of roentgen and other rays for making radiographs or similar records of dental or oral tissues, under the supervision of a licensed dentist or physician; (6) The making, repairing, altering, or supplying of artificial restorations, substitutions, appliances, or materials for the correction of disease, loss, deformity, malposition, dislocation, fracture, injury to the jaws, teeth, lips, gums, cheeks, palate, or associated tissues or parts; providing the same are made, repaired, altered, or supplied pursuant to the written instructions and order of a licensed dentist which may be accompanied by casts, models, or impressions furnished by the dentist, and the prescriptions shall be retained and filed for a period of not less than three years and shall be available to and subject to the examination of the secretary or the secretary’s authorized representatives; (7) The removal of deposits and stains from the surfaces of the teeth, the application of topical preventative or prophylactic agents, and the polishing and smoothing of restorations, when performed or prescribed by a dental hygienist licensed under the laws of this state; (8) A qualified and licensed physician and surgeon or osteopathic physician and surgeon extracting teeth or performing oral surgery pursuant to the scope of practice under chapter 18.71 or 18.57 RCW; (9) The performing of dental operations or services by registered dental assistants and licensed expanded function dental auxiliaries holding a credential issued under chapter 18.260 RCW when performed under the supervision of a licensed dentist, or by other persons not licensed under this chapter if the person is licensed pursuant to chapter 18.29, 18.57, 18.71, or 18.79 RCW as it applies to registered nurses and advanced registered nurse practitioners, each while acting within the scope of the person’s permitted practice under the person’s license: PROVIDED HOWEVER, That such persons shall in no event perform the following dental operations or services unless permitted to be performed by the person under this chapter or chapters 18.29, 18.57, 18.71, 18.79 18.32.030 (2008 Ed.) Dentistry as it applies to registered nurses and advanced registered nurse practitioners, and 18.260 RCW: (a) Any removal of or addition to the hard or soft tissue of the oral cavity; (b) Any diagnosis of or prescription for treatment of disease, pain, deformity, deficiency, injury, or physical condition of the human teeth or jaws, or adjacent structure; (c) Any administration of general or injected local anaesthetic of any nature in connection with a dental operation, including intravenous sedation; (d) Any oral prophylaxis; (e) The taking of any impressions of the teeth or jaw or the relationships of the teeth or jaws, for the purpose of fabricating any intra-oral restoration, appliance, or prosthesis. [2007 c 269 § 15; 2003 c 282 § 1; 1994 sp.s. c 9 § 203; 1991 c 3 § 59; 1989 c 202 § 13; 1979 c 158 § 35; 1971 ex.s. c 236 § 1; 1969 c 47 § 7; 1957 c 52 § 21; 1953 c 93 § 1; 1951 c 130 § 1. Prior: (i) 1941 c 92 § 3; 1935 c 112 § 25; Rem. Supp. 1941 § 10031-25; prior: 1923 c 16 § 23. (ii) 1935 c 112 § 6; RRS § 10031-6; prior: 1923 c 16 § 1; 1901 c 152 § 5; 1893 c 55 § 11.] Application—Implementation—2007 c 269: See RCW 18.260.900 and 18.260.901. 18.32.0351 Commission established—Membership. (Effective until July 1, 2009.) The Washington state dental quality assurance commission is established, consisting of fourteen members each appointed by the governor to a fouryear term. No member may serve more than two consecutive full terms. In appointing the initial members of the commission, it is the intent of the legislature that, to the extent possible, members of the previous boards and committees regulating these professions be appointed to the commission. Members of the commission hold office until their successors are appointed. The governor may appoint members of the initial commission to staggered terms of from one to four years. Thereafter, all members shall be appointed to full four-year terms. Twelve members of the commission must be dentists and two members must be public members. [1994 sp.s. c 9 § 204.] 18.32.0351 18.32.0351 Commission established—Membership. (Effective July 1, 2009.) The Washington state dental quality assurance commission is established, consisting of sixteen members each appointed by the governor to a four-year term. No member may serve more than two consecutive full terms. In appointing the initial members of the commission, it is the intent of the legislature that, to the extent possible, members of the previous boards and committees regulating these professions be appointed to the commission. Members of the commission hold office until their successors are appointed. The governor may appoint members of the initial commission to staggered terms of from one to four years. Thereafter, all members shall be appointed to full four-year terms. Twelve members of the commission must be dentists, two members must be expanded function dental auxiliaries licensed under chapter 18.260 RCW, and two members must be public members. [2007 c 269 § 16; 1994 sp.s. c 9 § 204.] 18.32.0351 Effective date—2007 c 269 § 16: "Section 16 of this act takes effect July 1, 2009." [2007 c 269 § 20.] (2008 Ed.) 18.32.0357 Application—Implementation—2007 c 269: See RCW 18.260.900 and 18.260.901. 18.32.0353 Commission—Removal of member— Order of removal—Vacancy. The governor may remove a member of the commission for neglect of duty, misconduct, or malfeasance or misfeasance in office. Whenever the governor is satisfied that a member of the commission has been guilty of neglect of duty, misconduct, or malfeasance or misfeasance in office, the governor shall file with the secretary of state a statement of the causes for and the order of removal from office, and the secretary shall forthwith send a certified copy of the order of removal and statement of causes by certified mail to the last known post office address of the member. If a vacancy occurs on the commission, the governor shall appoint a replacement to fill the remainder of the unexpired term. [1994 sp.s. c 9 § 205.] 18.32.0353 18.32.0355 Commission—Qualifications of members. Members must be citizens of the United States and residents of this state. Dentist members must be licensed dentists in the active practice of dentistry for a period of five years before appointment. Of the twelve dentists appointed to the commission, at least four must reside and engage in the active practice of dentistry east of the summit of the Cascade mountain range. Public members of the commission may not be a member of any other health care licensing board or commission, or have a fiduciary obligation to a facility rendering health services regulated by the commission, or have a material or financial interest in the rendering of health services regulated by the commission. [1994 sp.s. c 9 § 206.] 18.32.0355 18.32.0357 Commission—Duties and powers— Attorney general to advise, represent. The commission shall elect officers each year. Meetings of the commission are open to the public, except the commission may hold executive sessions to the extent permitted by chapter 42.30 RCW. The secretary of health shall furnish such secretarial, clerical, and other assistance as the commission may require. A majority of the commission members appointed and serving constitutes a quorum for the transaction of commission business. The affirmative vote of a majority of a quorum of the commission is required to carry a motion or resolution, to adopt a rule, or to pass a measure. The commission may appoint members of panels consisting of not less than three members. A quorum for transaction of any business shall be a minimum of three members. A majority vote of a quorum of the panel is required to transact business delegated to it by the commission. The members of the commission are immune from suit in an action, civil or criminal, based upon its disciplinary proceedings or other official acts performed in good faith as members of the commission. The commission may, whenever the workload of the commission requires, request that the secretary appoint pro tempore members. While serving as members pro tempore persons have all the powers, duties, and immunities, and are entitled to the emoluments, including travel expenses, of the commission. The commission shall prepare or determine the nature of the examinations for applicants to practice dentistry. 18.32.0357 [Title 18 RCW—page 91] 18.32.0358 Title 18 RCW: Businesses and Professions The commission shall establish continuing dental education requirements. The attorney general shall advise the commission and represent it in all legal proceedings. [1999 c 364 § 2; 1994 sp.s. c 9 § 207.] 18.32.0358 Commission successor to other boards. The commission is the successor in interest of the board of dental examiners and the dental disciplinary board. All contracts, undertakings, agreements, rules, regulations, and policies continue in full force and effect on July 1, 1994, unless otherwise repealed or rejected by chapter 9, Laws of 1994 sp. sess. or by the commission. [1994 sp.s. c 9 § 226.] 18.32.0358 18.32.0361 Compensation of commission members. Each member of the commission shall be compensated in accordance with RCW 43.03.265. Members shall be reimbursed for travel expenses incurred in the actual performance of their duties, as provided in RCW 43.03.050 and 43.03.060. Commission members shall be compensated and reimbursed for their activities in developing or administering a multistate licensing examination, as provided in this chapter. [1999 c 366 § 3; 1994 sp.s. c 9 § 208.] 18.32.0361 18.32.0363 Examinations—Contracts for administration—Multistate. The commission may contract with competent persons on a temporary basis to assist in developing or administering examinations for licensure. The commission may enter into compacts and agreements with other states and with organizations formed by several states, for the purpose of conducting multistate licensing examinations. The commission may enter into the compacts and agreements even though they would result in the examination of a candidate for a license in this state by an examiner or examiners from another state or states, and even though the compacts and agreements would result in the examination of a candidate or candidates for a license in another state or states by an examiner or examiners from this state. [1994 sp.s. c 9 § 209.] 18.32.0363 18.32.0365 Rules. The commission may adopt rules in accordance with chapter 34.05 RCW to implement this chapter and chapter 18.130 RCW. [1994 sp.s. c 9 § 210.] 18.32.0365 18.32.039 Application of uniform disciplinary act. The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [1987 c 150 § 17; 1986 c 259 § 34.] 18.32.039 Severability—1987 c 150: See RCW 18.122.901. Severability—1986 c 259: See note following RCW 18.130.010. 18.32.040 Requirements for licensure. The commission shall require that every applicant for a license to practice dentistry shall: (1) Present satisfactory evidence of graduation from a dental college, school, or dental department of an institution approved by the commission; (2) Submit, for the files of the commission, a recent picture duly identified and attested; and 18.32.040 [Title 18 RCW—page 92] (3)(a) Pass an examination prepared or approved by and administered under the direction of the commission. The dentistry licensing examination shall consist of practical and written tests upon such subjects and of such scope as the commission determines. The commission shall set the standards for passing the examination. The secretary shall keep on file the examination papers and records of examination for at least one year. This file shall be open for inspection by the applicant or the applicant’s agent unless the disclosure will compromise the examination process as determined by the commission or is exempted from disclosure under chapter 42.56 RCW. (b) The commission may accept, in lieu of all or part of the written examination required in (a) of this subsection, a certificate granted by a national or regional testing organization approved by the commission. (c) The commission shall accept, in lieu of the practical examination required in (a) of this subsection, proof that an applicant has satisfactorily completed a postdoctoral dental residency program accredited by the commission on dental accreditation of the American dental association and approved by the commission, of one to three year’s duration, in a community health clinic that serves predominantly lowincome patients or is located in a dental care health professional shortage area in this state, and that includes an outcome assessment evaluation, other than the western regional examining board’s clinical examination, assessing the resident’s competence to practice dentistry. The commission shall develop criteria, consistent with the standards of the commission on dental accreditation of the American dental association, for community clinics to use when sponsoring students in a residency program under this subsection, including guidelines for the proper supervision of the resident and measuring the resident’s competence to practice dentistry. [2005 c 454 § 2; 2005 c 274 § 222; 1994 sp.s. c 9 § 211; 1991 c 3 § 61; 1989 c 202 § 16; 1979 c 38 § 2; 1935 c 112 § 5; RRS § 10031-5. Prior: 1923 c 16 §§ 4, 5. Formerly RCW 18.32.040 and 18.32.130 through 18.32.150.] Reviser’s note: This section was amended by 2005 c 274 § 222 and by 2005 c 454 § 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Effective date—2005 c 454: See note following RCW 18.82.195. Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. 18.32.050 18.32.050 Compensation and reimbursement for administering examination. Commission members shall be compensated and reimbursed pursuant to this section for their activities in administering a multi-state licensing examination pursuant to the commission’s compact or agreement with another state or states or with organizations formed by several states. [1995 c 198 § 2; 1994 sp.s. c 9 § 212; 1984 c 287 § 30; 1979 c 38 § 3; 1975-’76 2nd ex.s. c 34 § 34; 1967 c 188 § 2; 1957 c 52 § 23; 1953 c 93 § 3. Prior: 1935 c 112 § 11, part; RRS § 10031-11, part.] Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. (2008 Ed.) Dentistry 18.32.091 License required. No person, unless previously licensed to practice dentistry in this state, shall begin the practice of dentistry without first applying to, and obtaining a license. [1987 c 150 § 18.] 18.32.091 Severability—1987 c 150: See RCW 18.122.901. 18.32.100 Applications. The applicant for a dentistry license shall file an application on a form furnished by the secretary, stating the applicant’s name, age, place of residence, the name of the school or schools attended by the applicant, the period of such attendance, the date of the applicant’s graduation, whether the applicant has ever been the subject of any disciplinary action related to the practice of dentistry, and shall include a statement of all of the applicant’s dental activities. This shall include any other information deemed necessary by the commission. The application shall be signed by the applicant and sworn to by the applicant before some person authorized to administer oaths, and shall be accompanied by proof of the applicant’s school attendance and graduation. [1994 sp.s. c 9 § 213; 1991 c 3 § 62; 1989 c 202 § 18; 1957 c 52 § 28; 1953 c 93 § 4; 1951 c 130 § 2; 1941 c 92 § 2; 1935 c 112 § 4; Rem. Supp. 1941 § 10031-4, part. Prior: 1923 c 16 §§ 2, 3, 6, 7; 1901 c 152 § 1; 1893 c 55 § 4.] 18.32.100 18.32.110 Application fee. Each applicant shall pay a fee determined by the secretary as provided in RCW 43.70.250 and 43.70.280. [1996 c 191 § 14; 1991 c 3 § 63; 1989 c 202 § 19; 1985 c 7 § 23; 1975 1st ex.s. c 30 § 27; 1969 c 49 § 1; 1957 c 52 § 29. Prior: 1941 c 92 § 2, part; 1935 c 112 § 4; Rem. Supp. 1941 § 10031-4, part.] 18.32.110 18.32.160 Licenses—Who shall sign. All licenses issued by the secretary on behalf of the commission shall be signed by the secretary or chairperson and secretary of the commission. [1994 sp.s. c 9 § 215; 1991 c 3 § 65; 1989 c 202 § 21; 1951 c 130 § 3; 1935 c 112 § 17; RRS § 10031-17.] 18.32.160 18.32.170 Duplicate licenses—Fee. A fee determined by the secretary as provided in RCW 43.70.250 and 43.70.280 shall be charged for every duplicate license issued by the secretary. [1996 c 191 § 15; 1991 c 3 § 66; 1985 c 7 § 25; 1975 1st ex.s. c 30 § 29; 1957 c 52 § 25. Prior: 1935 c 112 § 11, part; RRS § 10031-11, part.] 18.32.170 18.32.180 License renewal. Every person licensed to practice dentistry in this state shall renew his or her license and comply with administrative procedures, administrative requirements, continuing education requirements, and fees as provided in RCW 43.70.250 and 43.70.280. The commission, in its sole discretion, may permit the applicant to be licensed without examination, and with or without conditions, if it is satisfied that the applicant meets all the requirements for licensure in this state and is competent to engage in the practice of dentistry. [1999 c 364 § 3; 1996 c 191 § 16; 1994 sp.s. c 9 § 216; 1991 c 3 § 67; 1989 c 202 § 22; 1985 c 7 § 26; 1975 1st ex.s. c 30 § 30; 1969 c 49 § 3; 1951 c 130 § 4; 1935 c 112 § 24; RRS § 10031-24.] 18.32.180 Application—1999 c 364: "The continuing education requirements of RCW 18.32.180 apply to licenses renewed after July 1, 2001." [1999 c 364 § 4.] (2008 Ed.) 18.32.195 18.32.185 Inactive license status. The commission may adopt rules under this section authorizing an inactive license status. (1) An individual licensed under chapter 18.32 RCW may place his or her license on inactive status. The holder of an inactive license must not practice dentistry in this state without first activating the license. (2) The inactive renewal fee must be established by the secretary under RCW 43.70.250. Failure to renew an inactive license shall result in cancellation of the inactive license in the same manner as an active license. (3) An inactive license may be placed in an active status upon compliance with rules established by the commission. (4) Provisions relating to disciplinary action against a person with a license are applicable to a person with an inactive license, except that when disciplinary proceedings against a person with an inactive license have been initiated, the license will remain inactive until the proceedings have been completed. [1996 c 187 § 1.] 18.32.185 18.32.190 Licenses display—Notification of address. Every person who engages in the practice of dentistry in this state shall cause his or her license to be, at all times, displayed in a conspicuous place, in his or her office wherein he or she shall practice such profession, and shall further, whenever requested, exhibit such license to any of the members of the commission, or its authorized agent, and to the secretary or his or her authorized agent. Every licensee shall notify the secretary of the address or addresses, and of every change thereof, where the licensee shall engage in the practice of dentistry. [1994 sp.s. c 9 § 217; 1991 c 3 § 68; 1981 c 277 § 7; 1935 c 112 § 7; RRS § 10031-7. Prior: 1923 c 16 § 15; 1893 c 55 § 5.] 18.32.190 18.32.195 University of Washington dental school faculty and residents—Licenses. The commission may, without examination, issue a license to persons who possess the qualifications set forth in this section. (1) The commission may, upon written request of the dean of the school of dentistry of the University of Washington, issue a license to practice dentistry in this state to persons who have been licensed or otherwise authorized to practice dentistry in another state or country and who have been accepted for employment by the school of dentistry as faculty members. For purposes of this subsection, this means teaching members of the faculty of the school of dentistry of the University of Washington. Such license shall permit the holder thereof to practice dentistry within the confines of the university facilities for a period of one year while he or she is so employed as a faculty member by the school of dentistry of the University of Washington. It shall terminate whenever the holder ceases to be a faculty member. Such license shall permit the holder thereof to practice dentistry only in connection with his or her duties in employment with the school of dentistry of the University of Washington. This limitation shall be stated on the license. (2) The commission may, upon written request of the dean of the school of dentistry of the University of Washington or the director of a dental residency program under RCW 18.32.040, issue a limited license to practice dentistry in this state to university residents in postgraduate dental education 18.32.195 [Title 18 RCW—page 93] 18.32.215 Title 18 RCW: Businesses and Professions or postdoctorate residents in a dental residency program under RCW 18.32.040. The license shall permit the resident dentist to provide dental care only in connection with his or her duties as a university resident or a postdoctorate resident in a program under RCW 18.32.040. (3) The commission may condition the granting of a license under this section with terms the commission deems appropriate. All persons licensed under this section shall be subject to the jurisdiction of the commission to the same extent as other members of the dental profession, in accordance with this chapter, and in addition the licensee may be disciplined by the commission after a hearing has been held in accordance with the provisions set forth in this chapter, and determination by the commission that such licensee has violated any of the restrictions set forth in this section. (4) Persons applying for licensure pursuant to this section shall pay the application fee determined by the secretary and, in the event the license applied for is issued, a license fee at the rate provided for licenses generally. After review by the commission, licenses issued under this section may be renewed annually if the licensee continues to be employed as a faculty member of the school of dentistry of the University of Washington, or a university resident in postgraduate dental education, or a postdoctorate resident in a dental residency program under RCW 18.32.040, and otherwise meets the requirements of the provisions and conditions deemed appropriate by the commission. Any person who obtains a license pursuant to this section may, without an additional application fee, apply for licensure under this chapter, in which case the applicant shall be subject to examination and the other requirements of this chapter. [2005 c 454 § 1; 2005 c 164 § 1; 1994 sp.s. c 9 § 218; 1992 c 59 § 1; 1991 c 3 § 69; 1985 c 111 § 1.] Reviser’s note: This section was amended by 2005 c 164 § 1 and by 2005 c 454 § 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Effective date—2005 c 454: "This act takes effect July 1, 2006." [2005 c 454 § 4.] 18.32.215 Licensure without examination—Licensed in another state. (Expires July 1, 2010.) (1) An applicant holding a valid license and currently engaged in practice in another state may be granted a license without examination required by this chapter, on the payment of any required fees, if the applicant: (a) Is a graduate of a dental college, school, or dental department of an institution approved by the commission under RCW 18.32.040(1); or (b)(i) Has practiced in another state for at least four years; and (ii) Has completed a one-year postdoctoral residency approved by the commission. The residency may have been completed outside Washington. (2) The commission may also require the applicant to: (a) File with the commission documentation certifying the applicant is licensed to practice in another state; and (b) provide information as the commission deems necessary pertaining to the conditions and criteria of the Uniform Disciplinary Act, chapter 18.130 RCW, and to demonstrate to the commission a knowledge of Washington law pertaining to the prac18.32.215 [Title 18 RCW—page 94] tice of dentistry. [2008 c 147 § 1; 2003 c 57 § 2; 1994 sp.s. c 9 § 219; 1989 c 202 § 30.] Expiration date—2008 c 147: "This act expires July 1, 2010." [2008 c 147 § 3.] Finding—2003 c 57: "The legislature finds and declares that access to dental care is severely hampered by a critical and emergent shortage of dental providers in Washington state. Dental disease is an epidemic among poor children, the elderly, the disabled, and anyone who does not have access to adequate dental care. Dental decay is worsening among children under four years of age, with forty-one percent of the state’s Headstart children needing treatment for dental decay. The lack of qualified dentists poses a serious and compelling threat to the oral health of the people of this state. Shortages are also due to licensing restrictions that have discouraged qualified dentists from coming into this state. Increasing the number of dentists from other states and from military service would enable retiring dentists in this state to sell their practices to other qualified practitioners." [2003 c 57 § 1.] 18.32.215 Licensure without examination—Licensed in another state. (Effective July 1, 2010.) An applicant holding a valid license and currently engaged in practice in another state may be granted a license without examination required by this chapter, on the payment of any required fees, if the applicant is a graduate of a dental college, school, or dental department of an institution approved by the commission under RCW 18.32.040(1). The commission may also require the applicant to: (1) File with the commission documentation certifying the applicant is licensed to practice in another state; and (2) provide information as the commission deems necessary pertaining to the conditions and criteria of the Uniform Disciplinary Act, chapter 18.130 RCW, and to demonstrate to the commission a knowledge of Washington law pertaining to the practice of dentistry. [2003 c 57 § 2; 1994 sp.s. c 9 § 219; 1989 c 202 § 30.] 18.32.215 Finding—2003 c 57: "The legislature finds and declares that access to dental care is severely hampered by a critical and emergent shortage of dental providers in Washington state. Dental disease is an epidemic among poor children, the elderly, the disabled, and anyone who does not have access to adequate dental care. Dental decay is worsening among children under four years of age, with forty-one percent of the state’s Headstart children needing treatment for dental decay. The lack of qualified dentists poses a serious and compelling threat to the oral health of the people of this state. Shortages are also due to licensing restrictions that have discouraged qualified dentists from coming into this state. Increasing the number of dentists from other states and from military service would enable retiring dentists in this state to sell their practices to other qualified practitioners." [2003 c 57 § 1.] 18.32.220 Certificate available for dentists going outof-state. Anyone who is a licensed dentist in the state of Washington who desires to change residence to another state or territory, shall, upon application to the secretary and payment of a fee as determined by the secretary under RCW 43.70.250 and 43.70.280, receive a certificate over the signature of the secretary or his or her designee, which shall attest to the facts mentioned in this section, and giving the date upon which the dentist was licensed. [1996 c 191 § 17; 1991 c 3 § 70; 1989 c 202 § 23; 1935 c 112 § 14; RRS § 10031-14. FORMER PART OF SECTION: 1935 c 112 § 15; RRS § 10031-15, now codified as RCW 18.32.225.] 18.32.220 18.32.222 Commission report—Foreign-trained dentists—Licensure. (Expires July 1, 2010.) By November 15, 2009, the commission shall report to the governor and the legislature with recommendations for appropriate standards 18.32.222 (2008 Ed.) Dentistry for issuing a license to a foreign-trained dentist. The recommendations shall consider the balance between maintaining assurances that Washington’s dental professionals are wellqualified and planning for an adequate supply of dentists to meet the future needs of Washington’s diverse urban and rural communities. In addition to considering the use of standards established by accreditation organizations, the recommendations shall consider other options to reduce barriers to licensure. [2008 c 147 § 2.] Expiration date—2008 c 147: See note following RCW 18.32.215. 18.32.226 Community-based sealant programs in schools. (1) For low-income, rural, and other at-risk populations and in coordination with local public health jurisdictions and local oral health coalitions, a dental assistant working as of April 19, 2001, under the supervision of a licensed dentist may apply sealants and fluoride varnishes under the general supervision of a dentist in community-based sealant programs carried out in schools without attending the department’s school sealant endorsement program. (2) For low-income, rural, and other at-risk populations and in coordination with local public health jurisdictions and local oral health coalitions, dental assistants who are school sealant endorsed under RCW 43.70.650 may apply sealants and fluoride varnishes under the general supervision of a dentist in community-based sealant programs carried out in schools. [2001 c 93 § 4.] 18.32.226 Findings—Intent—Effective date—2001 c 93: See notes following RCW 43.70.650. 18.32.390 Penalty—General. Any person who violates any of the provisions of the chapter for which no specific penalty has been provided herein, shall be subject to prosecution before any court of competent jurisdiction, and shall, upon conviction, be guilty of a gross misdemeanor. [1986 c 259 § 38; 1935 c 112 § 16; RRS § 10031-16. Prior: 1901 c 152 § 4; 1893 c 55 § 8.] 18.32.390 Severability—1986 c 259: See note following RCW 18.130.010. 18.32.400 Dentist members of committees to evaluate credentials and qualifications of dentists—Immunity from civil suit. See RCW 4.24.240. 18.32.400 18.32.410 Dentists filing charges or presenting evidence before dental society committee or board—Immunity from civil suit. See RCW 4.24.250. 18.32.410 18.32.655 Violation of chapter 69.50 RCW, the Uniform Controlled Substances Act— Suspension of license: RCW 69.50.413. 18.32.533 Unprofessional conduct—Abrogation of copayment provisions. It is unprofessional conduct under this chapter and chapter 18.130 RCW for a dentist to abrogate the copayment provisions of a contract by accepting the payment received from a third party payer as full payment. [1985 c 202 § 1.] 18.32.533 18.32.534 Impaired dentist program—Content— License surcharge. (1) To implement an impaired dentist program as authorized by RCW 18.130.175, the commission shall enter into a contract with a voluntary substance abuse monitoring program. The impaired dentist program may include any or all of the following: (a) Contracting with providers of treatment programs; (b) Receiving and evaluating reports of suspected impairment from any source; (c) Intervening in cases of verified impairment; (d) Referring impaired dentists to treatment programs; (e) Monitoring the treatment and rehabilitation of impaired dentists including those ordered by the commission; (f) Providing education, prevention of impairment, posttreatment monitoring, and support of rehabilitated impaired dentists; and (g) Performing other related activities as determined by the commission. (2) A contract entered into under subsection (1) of this section shall be financed by a surcharge of up to twenty-five dollars on each license issuance or renewal to be collected by the department of health from every dentist licensed under chapter 18.32 RCW. These moneys shall be placed in the health professions account to be used solely for the implementation of the impaired dentist program. [1999 c 179 § 1; 1994 sp.s. c 9 § 220; 1991 c 3 § 72; 1989 c 125 § 1.] 18.32.534 18.32.640 Rules—Administration of sedation and general anesthesia. (1) The commission may adopt such rules as it deems necessary to carry out this chapter. (2) The commission may adopt rules governing administration of sedation and general anesthesia by persons licensed under this chapter, including necessary training, education, equipment, and the issuance of any permits, certificates, or registration as required. [1994 sp.s. c 9 § 221; 1988 c 217 § 1; 1986 c 259 § 42; 1977 ex.s. c 5 § 14.] 18.32.640 Severability—1986 c 259: See note following RCW 18.130.010. 18.32.655 Commission—Supervision of records— Rules. The commission shall: (1) Require licensed dentists to keep and maintain a copy of each laboratory referral instruction, describing detailed services rendered, for a period to be determined by the commission but not more than three years, and may require the production of all such records for examination by the commission or its authorized representatives; and (2) Adopt reasonable rules requiring licensed dentists to make, maintain, and produce for examination by the commission or its authorized representatives such other records as may be reasonable and proper in the performance of its duties and enforcing the provisions of this chapter. [1994 sp.s. c 9 § 18.32.655 18.32.420 Records of dental society committees or boards not subject to civil process. See RCW 4.24.250. 18.32.420 18.32.530 "Unprofessional conduct." In addition to those acts defined in chapter 18.130 RCW, the term "unprofessional conduct" as used in RCW 18.32.530 through 18.32.755 includes gross, willful, or continued overcharging for professional services. [1989 c 202 § 26; 1986 c 259 § 41; 1977 ex.s. c 5 § 3.] 18.32.530 Savings—1986 c 259 §§ 36, 37, 41, 43: See note following RCW 18.32.665. Severability—1986 c 259: See note following RCW 18.130.010. (2008 Ed.) [Title 18 RCW—page 95] 18.32.665 Title 18 RCW: Businesses and Professions 222; 1986 c 259 § 35; 1953 c 93 § 8. Formerly RCW 18.32.085.] Severability—1986 c 259: See note following RCW 18.130.010. 18.32.665 Advertising—False—Credit terms. It shall be unlawful for any person, firm, or corporation to publish, directly or indirectly, or circulate any fraudulent, false, or misleading statements within the state of Washington as to the skill or method of practice of any person or operator; or in any way to advertise in print any matter with a view of deceiving the public, or in any way that will tend to deceive or defraud the public; or to claim superiority over neighboring dental practitioners; or to publish reports of cases or certificates of same in any public advertising media; or to advertise as using any anesthetic, drug, formula, medicine, which is either falsely advertised or misnamed; or to employ "capper" or "steerers" to obtain patronage; and any person committing any offense against any of the provisions of this section shall, upon conviction, be subjected to such penalties as are provided in this chapter: PROVIDED, That any person licensed under this chapter may announce credit, terms of credit or installment payments that may be made at periodical intervals to apply on account of any dental service rendered. The commission may adopt such rules as are necessary to carry out the intent of this section. [1994 sp.s. c 9 § 223; 1986 c 259 § 36; 1935 c 112 § 20; RRS § 10031-20. Formerly RCW 18.32.290.] 18.32.665 Savings—1986 c 259 §§ 36, 37, 41, 43: "The repeal of RCW 18.32.090 and 18.32.550 and the amendment of RCW 18.32.290, 18.32.360, and 18.32.530 by this act shall not be construed as affecting any rights and duties which matured, penalties which were incurred, and proceedings which were begun before June 11, 1986." [1986 c 259 § 44.] Severability—1986 c 259: See note following RCW 18.130.010. False advertising: RCW 9.04.010. 18.32.675 Practice or solicitation by corporations prohibited—Penalty. (1) No corporation shall practice dentistry or shall solicit through itself, or its agent, officers, employees, directors or trustees, dental patronage for any dentists or dental surgeon employed by any corporation: PROVIDED, That nothing contained in this chapter shall prohibit a corporation from employing a dentist or dentists to render dental services to its employees: PROVIDED, FURTHER, That such dental services shall be rendered at no cost or charge to the employees; nor shall it apply to corporations or associations in which the dental services were originated and are being conducted upon a purely charitable basis for the worthy poor, nor shall it apply to corporations or associations furnishing information or clerical services which can be furnished by persons not licensed to practice dentistry, to any person lawfully engaged in the practice of dentistry, when such dentist assumes full responsibility for such information and services. (2) Any corporation violating this section is guilty of a gross misdemeanor, and each day that this chapter is violated shall be considered a separate offense. [2003 c 53 § 124; 1935 c 112 § 19; RRS § 10031-19. Formerly RCW 18.32.310.] 18.32.675 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. [Title 18 RCW—page 96] 18.32.685 Prescriptions—Filled by druggists. Registered pharmacists of this state may fill prescriptions of legally licensed dentists of this state for any drug necessary in the practice of dentistry. [1935 c 112 § 26; RRS § 10031-26. Prior: 1923 c 16 § 24. Formerly RCW 18.32.320.] 18.32.685 Pharmacists: Chapter 18.64 RCW. 18.32.695 Identification of new dental prostheses. Every complete upper and lower denture and removable dental prosthesis fabricated by a dentist licensed under this chapter, or fabricated pursuant to the dentist’s work order or under the dentist’s direction or supervision, shall be marked with the name of the patient for whom the prosthesis is intended. The markings shall be done during fabrication and shall be permanent, legible, and cosmetically acceptable. The exact location of the markings and the methods used to apply or implant them shall be determined by the dentist or dental laboratory fabricating the prosthesis. If, in the professional judgment of the dentist or dental laboratory, this identification is not practical, identification shall be provided as follows: (1) The initials of the patient may be shown alone, if use of the name of the patient is impracticable; or (2) The identification marks may be omitted in their entirety if none of the forms of identification specified in subsection (1) of this section is practicable or clinically safe. [1987 c 252 § 1. Formerly RCW 18.32.322.] 18.32.695 Severability—1987 c 252: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1987 c 252 § 5.] 18.32.705 Identification of previously fabricated prostheses. Any removable prosthesis in existence before July 26, 1987, that was not marked in accordance with RCW 18.32.695 at the time of its fabrication, shall be so marked at the time of any subsequent rebasing. [1987 c 252 § 2. Formerly RCW 18.32.324.] 18.32.705 Severability—1987 c 252: See note following RCW 18.32.695. 18.32.715 Identification of dental prostheses—Violation. Failure of any dentist to comply with RCW 18.32.695 and 18.32.705 is a violation for which the dentist may be subject to proceedings if the dentist is charged with the violation within two years of initial insertion of the dental prosthetic device. [1987 c 252 § 4. Formerly RCW 18.32.328.] 18.32.715 Severability—1987 c 252: See note following RCW 18.32.695. 18.32.725 Sanitary regulations. It shall be the duty of every person engaged in the practice of dentistry or who shall own, operate, or manage any dental office to keep said office and dental equipment in a thoroughly clean and sanitary condition. [1935 c 112 § 27; RRS § 10031-27. Prior: 1923 c 16 § 25. Formerly RCW 18.32.330.] 18.32.725 18.32.735 Unlawful practice—Hygienists—Penalty. Any licensed dentist who shall permit any dental hygienist operating under his supervision to perform any operation required to be performed by a dentist under the provisions of this chapter shall be guilty of a misdemeanor. [1935 c 112 § 28; RRS § 10031-28. Formerly RCW 18.32.340.] 18.32.735 (2008 Ed.) Dentistry 18.32.745 Unlawful practice—Employing unlicensed dentist—Penalty. (1) No manager, proprietor, partnership, or association owning, operating, or controlling any room, office, or dental parlors, where dental work is done, provided, or contracted for, shall employ or retain any unlicensed person or dentist as an operator; nor shall fail, within ten days after demand made by the secretary of health or the commission in writing sent by certified mail, addressed to any such manager, proprietor, partnership, or association at the room, office, or dental parlor, to furnish the secretary of health or the commission with the names and addresses of all persons practicing or assisting in the practice of dentistry in his or her place of business or under his or her control, together with a sworn statement showing by what license or authority the persons are practicing dentistry. (2) The sworn statement shall not be used as evidence in any subsequent court proceedings, except in a prosecution for perjury connected with its execution. (3) Any violation of this section is improper, unprofessional, and dishonorable conduct, and grounds for injunction proceedings as provided by this chapter. (4)(a) Except as provided in (b) of this subsection, a violation of this section is also a gross misdemeanor. (b) The failure to furnish the information as may be requested in accordance with this section is a misdemeanor. [2003 c 53 § 125; 1994 sp.s. c 9 § 224; 1991 c 3 § 73; 1977 ex.s. c 5 § 31; 1957 c 52 § 38; 1953 c 93 § 7. Prior: 1937 c 45 § 1, part; 1935 c 112 § 18, part; RRS § 10031-18, part. Formerly RCW 18.32.350.] 18.32.745 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 18.32.755 Advertising—Names used—Penalty. (1) Any advertisement or announcement for dental services must include for each office location advertised the names of all persons practicing dentistry at that office location. (2) Any violation of this section is improper, unprofessional, and dishonorable conduct, and grounds for injunction proceedings as provided by RCW 18.130.190(4). (3) A violation of this section is also a gross misdemeanor. [2003 c 53 § 126; 1994 sp.s. c 9 § 225; 1986 c 259 § 37; 1957 c 52 § 39. Prior: 1937 c 45 § 1, part; 1935 c 112 § 18, part; RRS § 10031-18, part. Formerly RCW 18.32.360.] 18.32.755 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Savings—1986 c 259 §§ 36, 37, 41, 43: See note following RCW 18.32.660. Severability—1986 c 259: See note following RCW 18.130.010. 18.32.765 Pilot project—Commission—Authority over budget. (1) The commission may conduct a pilot project to evaluate the effect of granting the commission additional authority over budget development, spending, and staffing. If the commission intends to conduct a pilot project, it must provide a notice in writing to the secretary by June 1, 2008. If the commission chooses to conduct a pilot project, the pilot project shall begin on July 1, 2008, and conclude on June 30, 2013. (2) The pilot project shall include the following provisions: 18.32.765 (2008 Ed.) 18.32.765 (a) That the secretary shall employ an executive director that is: (i) Hired by and serves at the pleasure of the commission; (ii) Exempt from the provisions of the civil service law, chapter 41.06 RCW and whose salary is established by the commission in accordance with RCW 43.03.028 and 42.17.370; and (iii) Responsible for performing all administrative duties of the commission, including preparing an annual budget, and any other duties as delegated to the executive director by the commission; (b) Consistent with the budgeting and accounting act: (i) With regard to budget for the remainder of the 20072009 biennium, the commission has authority to spend the remaining funds allocated with respect to its professions, dentists licensed under this chapter and expanded function dental auxiliaries and dental assistants regulated under chapter 18.260 RCW; and (ii) Beginning with the 2009-2011 biennium, the commission is responsible for proposing its own biennial budget which the secretary must submit to the office of financial management; (c) That, prior to adopting credentialing fees under RCW 43.70.250, the secretary shall collaborate with the commission to determine the appropriate fees necessary to support the activities of the commission; (d) That, prior to the secretary exercising the secretary’s authority to adopt uniform rules and guidelines, or any other actions that might impact the licensing or disciplinary authority of the commission, the secretary shall first meet with the commission to determine how those rules or guidelines, or changes to rules or guidelines, might impact the commission’s ability to effectively carry out its statutory duties. If the commission, in consultation with the secretary, determines that the proposed rules or guidelines, or changes to existing rules or guidelines, will negatively impact the commission’s ability to effectively carry out its statutory duties, then the individual commission shall collaborate with the secretary to develop alternative solutions to mitigate the impacts. If an alternative solution cannot be reached, the parties may resolve the dispute through a mediator as set forth in (f) of this subsection; (e) That the commission shall negotiate with the secretary to develop performance-based expectations, including identification of key performance measures. The performance expectations should focus on consistent, timely regulation of health care professionals; and (f) That in the event there is a disagreement between the commission and the secretary, that is unable to be resolved through negotiation, a representative of both parties shall agree on the designation of a third party to mediate the dispute. (3) By December 15, 2013, the secretary, the commission, and the other commissions conducting similar pilot projects under RCW 18.71.430, 18.79.390, and 18.25.210, shall report to the governor and the legislature on the results of the pilot project. The report shall: (a) Compare the effectiveness of licensing and disciplinary activities of each commission during the pilot project with the licensing and disciplinary activities of the commis[Title 18 RCW—page 97] 18.32.900 Title 18 RCW: Businesses and Professions sion prior to the pilot project and the disciplinary activities of other disciplining authorities during the same time period as the pilot project; (b) Compare the efficiency of each commission with respect to the timeliness and personnel resources during the pilot project to the efficiency of the commission prior to the pilot project and the efficiency of other disciplining authorities during the same period as the pilot project; (c) Compare the budgetary activity of each commission during the pilot project to the budgetary activity of the commission prior to the pilot project and to the budgetary activity of other disciplining authorities during the same period as the pilot project; (d) Evaluate each commission’s regulatory activities, including timelines, consistency of decision making, and performance levels in comparison to other disciplining authorities; and (e) Review summaries of national research and data regarding regulatory effectiveness and patient safety. (4) The secretary shall employ staff that are hired and managed by the executive director provided that nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement. [2008 c 134 § 32.] Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020. 18.32.900 18.32.900 Severability—1935 c 112. Should any section of this act for any reason be held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the act. [1935 c 112 § 29.] 18.32.910 18.32.910 Severability—1953 c 93. If any provision of this act or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions or applications of this act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are declared to be severable. [1953 c 93 § 9.] 18.32.915 18.32.915 Severability—1977 ex.s. c 5. If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected. [1977 ex.s. c 5 § 36.] 18.32.916 18.32.916 Severability—1979 c 38. If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1979 c 38 § 4.] 18.32.917 18.32.917 Severability—Headings and captions not law—Effective date—1994 sp.s. c 9. See RCW 18.79.900 through 18.79.902. [Title 18 RCW—page 98] Chapter 18.34 Chapter 18.34 RCW DISPENSING OPTICIANS Sections 18.34.005 18.34.010 18.34.020 18.34.030 18.34.050 18.34.060 18.34.070 18.34.080 18.34.110 18.34.115 18.34.120 18.34.136 18.34.141 18.34.900 Regulation of health care professions—Criteria. Licensing—Exemptions—Limitations. Definitions. Apprentices. Examining committee—Compensation and travel expenses. Dispensing optician. Applicants—Eligibility for examination—Fee. Examination—Issuance and display of license. Existing practitioner—Fee. Credentialing by endorsement. Renewal registration fee—Continuing education. Application of uniform disciplinary act. License required. Severability—1957 c 43. Health professions account—Fees credited—Requirements for biennial budget request—Unappropriated funds: RCW 43.70.320. Homeless person vision services: RCW 43.20A.800 through 43.20A.850. 18.34.005 Regulation of health care professions— Criteria. See chapter 18.120 RCW. 18.34.005 18.34.010 Licensing—Exemptions—Limitations. Nothing in this chapter shall: (1) Be construed to limit or restrict a duly licensed physician or optometrist or employees working under the personal supervision of a duly licensed physician or optometrist from the practices enumerated in this chapter, and each such licensed physician and optometrist shall have all the rights and privileges which may accrue under this chapter to dispensing opticians licensed hereunder; (2) Be construed to prohibit an unlicensed person from performing mechanical work upon inert matter in an optical office, laboratory or shop; (3) Be construed to prohibit an unlicensed person from engaging in the sale of spectacles, eyeglasses, magnifying glasses, goggles, sunglasses, telescopes, binoculars, or any such articles which are completely preassembled and sold only as merchandise; (4) Be construed to authorize or permit a licensee hereunder to hold himself out as being able to, or to offer to, or to undertake to attempt, by any manner of means, to examine or exercise eyes, diagnose, treat, correct, relieve, operate or prescribe for any human ailment, deficiency, deformity, disease or injury. [1957 c 43 § 1.] 18.34.010 18.34.020 Definitions. The term "secretary" wherever used in this chapter shall mean the secretary of health of the state of Washington. The term "apprentice" wherever used in this chapter shall mean a person who shall be designated an apprentice in the records of the secretary at the request of a physician, registered optometrist, or licensee hereunder, who shall thereafter be the primary supervisor of the apprentice. The apprentice may thereafter receive from a physician, registered optometrist, or licensee hereunder training and direct supervision in the work of a dispensing optician. [1995 c 178 § 1; 1991 c 3 § 74; 1979 c 158 § 37; 1957 c 43 § 2.] 18.34.020 18.34.030 Apprentices. No licensee hereunder may have more than two apprentices in training or under their direct supervision at any one time. However, the primary 18.34.030 (2008 Ed.) Hearing and Speech Services supervisor shall be responsible for the acts of his or her apprentices in the performance of their work in the apprenticeship program and provide the majority of the training and direct supervision received by the apprentice. Apprentices shall complete their apprenticeship in six years and shall not work longer as an apprentice unless the secretary determines, after a hearing, that the apprentice was prevented by causes beyond his or her control from completing his or her apprenticeship and becoming a licensee hereunder in six years. [1995 c 178 § 2; 1991 c 3 § 75; 1957 c 43 § 3.] 18.34.050 Examining committee—Compensation and travel expenses. The examining committee shall consist of three persons primarily engaged in the business of dispensing opticians and who currently hold a valid license under this chapter. Members of the committee shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. [1984 c 287 § 32; 1957 c 43 § 5.] 18.34.050 Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. 18.34.060 Dispensing optician. A dispensing optician is a person who prepares duplications of, or prepares and dispenses lenses, spectacles, eyeglasses and/or appurtenances thereto to the intended wearers thereof on written prescriptions from physicians or optometrists, and in accordance with such prescriptions, measures, adapts, adjusts and fabricates such lenses, spectacles, eyeglasses and/or appurtenances thereto to the human face for the aid or correction of visual or ocular anomalies of the human eye: PROVIDED, HOWEVER, That contact lenses may be fitted only upon a written prescription of a physician or optometrist. [1957 c 43 § 6.] 18.34.060 18.34.070 Applicants—Eligibility for examination— Fee. Any applicant for a license shall be examined if he or she pays an examination fee determined by the secretary as provided in RCW 43.70.250 and certifies under oath that he or she: (1) Is eighteen years or more of age; and (2) Has graduated from an accredited high school; and (3) Is of good moral character; and (4) Has either: (a) Had at least three years of apprenticeship training; or (b) Successfully completed a prescribed course in opticianry in a college or university approved by the secretary; or (c) Been principally engaged in practicing as a dispensing optician not in the state of Washington for five years. [2004 c 262 § 5; 1991 c 3 § 76; 1985 c 7 § 29; 1975 1st ex.s. c 30 § 34; 1971 ex.s. c 292 § 22; 1957 c 43 § 7.] 18.34.070 Findings—2004 c 262: See note following RCW 18.06.050. Severability—1971 ex.s. c 292: See note following RCW 26.28.010. 18.34.080 Examination—Issuance and display of license. The examination shall determine whether the applicant has a thorough knowledge of the principles governing the practice of a dispensing optician which is hereby declared necessary for the protection of the public health. The examining committee may approve an examination prepared or administered by a private testing agency or association of Chapter 18.35 licensing authorities. The secretary shall license successful examinees and the license shall be conspicuously displayed in the place of business of the licensee. [1995 c 198 § 3; 1991 c 3 § 77; 1957 c 43 § 8.] 18.34.110 Existing practitioner—Fee. The secretary shall issue a license without examination to any person who makes application therefor within six months after June 12, 1957, pays a fee of fifty dollars and certifies under oath that he or she is of good moral character and has been actually and principally engaged in the practice of a dispensing optician in the state of Washington for a period of not less than six months immediately preceding June 12, 1957. [1991 c 3 § 78; 1957 c 43 § 11.] 18.34.110 18.34.115 Credentialing by endorsement. An applicant holding a credential in another state may be credentialed to practice in this state without examination if the secretary determines that the other state’s credentialing standards are substantially equivalent to the standards in this state. [1991 c 332 § 33.] 18.34.115 Application to scope of practice—Captions not law—1991 c 332: See notes following RCW 18.130.010. 18.34.120 Renewal registration fee—Continuing education. Each licensee hereunder shall pay a renewal registration fee determined by the secretary as provided in RCW 43.70.250 and 43.70.280. The secretary may adopt rules establishing mandatory continuing education requirements to be met by persons applying for license renewal. [1996 c 191 § 18; 1991 c 3 § 79; 1984 c 279 § 52; 1975 1st ex.s. c 30 § 35; 1957 c 43 § 12.] 18.34.120 Severability—1984 c 279: See RCW 18.130.901. 18.34.136 Application of uniform disciplinary act. The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [1987 c 150 § 19; 1986 c 259 § 45.] 18.34.136 Severability—1987 c 150: See RCW 18.122.901. Severability—1986 c 259: See note following RCW 18.130.010. 18.34.141 License required. No person may practice or represent himself or herself as a dispensing optician without first having a valid license to do so. [1987 c 150 § 20.] 18.34.141 Severability—1987 c 150: See RCW 18.122.901. 18.34.900 Severability—1957 c 43. If any provisions of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter, or the application of the provision to other persons or circumstances is not affected. [1957 c 43 § 16.] 18.34.900 18.34.080 (2008 Ed.) Chapter 18.35 Chapter 18.35 RCW HEARING AND SPEECH SERVICES (Formerly: Hearing aids) Sections 18.35.005 18.35.008 Regulation of health care professions—Criteria. Intent. [Title 18 RCW—page 99] 18.35.005 18.35.010 18.35.020 18.35.030 18.35.040 18.35.050 18.35.060 18.35.070 18.35.080 18.35.085 18.35.090 18.35.095 18.35.100 18.35.105 18.35.110 18.35.120 18.35.140 18.35.150 18.35.161 18.35.162 18.35.172 18.35.175 18.35.180 18.35.185 18.35.190 18.35.195 18.35.200 18.35.205 18.35.220 18.35.230 18.35.240 18.35.250 18.35.260 18.35.270 18.35.900 18.35.901 18.35.902 Title 18 RCW: Businesses and Professions Definitions. Hearing instruments—Dispensing—License, certificate, permit required. Receipt required—Contents. Applicants—Generally. Examination—Required—When offered—Review. Interim permit—Issuance. Examination—Contents—Tests. License—Generally. Credentialing by endorsement. Compliance with administrative procedures, requirements— Display of license—Continuing education, competency standards. Licensees—Inactive status. Place of business. Records—Contents. Disciplinary action—Grounds. Disciplinary action—Additional grounds. Powers and duties of department. Board of hearing and speech—Created—Membership—Qualifications—Terms—Vacancies—Meetings—Compensation—Travel expenses. Board—Powers and duties. Unprofessional conduct. Application of uniform disciplinary act. Unlawful sales practices. Application of Consumer Protection Act and False Advertising Act. Rescission of transaction—Requirements—Notice. Valid license prerequisite to suits. Exemptions. Other laws unaffected. Chapter exclusive. Violations—Cease and desist orders—Notice—Injunctions. Violations—Registered agent—Service. Violations—Surety bond or security in lieu of surety bonds. Violations—Remedies—Actions on bond or security. Misrepresentation of credentials. Assistant ratios—Data collection. Severability—1973 1st ex.s. c 106. Severability—1983 c 39. Severability—1996 c 200. Health professions account—Fees credited—Requirements for biennial budget request—Unappropriated funds: RCW 43.70.320. 18.35.005 Regulation of health care professions— Criteria. See chapter 18.120 RCW. 18.35.005 18.35.008 Intent. It is the intent of this chapter to protect the public health, safety, and welfare; to protect the public from being misled by incompetent, unethical, and unauthorized persons; and to assure the availability of hearing and speech services of high quality to persons in need of such services. [1996 c 200 § 1.] 18.35.008 18.35.010 Definitions. As used in this chapter, unless the context requires otherwise: (1) "Assistive listening device or system" means an amplification system that is specifically designed to improve the signal to noise ratio for the listener, reduce interference from noise in the background, and enhance hearing levels at a distance by picking up sound from as close to source as possible and sending it directly to the ear of the listener, excluding hearing instruments as defined in this chapter. (2) "Licensed audiologist" means a person who is licensed by the department to engage in the practice of audiology and meets the qualifications in this chapter. (3) "Audiology" means the application of principles, methods, and procedures related to hearing and the disorders of hearing and to related language and speech disorders, whether of organic or nonorganic origin, peripheral or central, that impede the normal process of human communica18.35.010 [Title 18 RCW—page 100] tion including, but not limited to, disorders of auditory sensitivity, acuity, function, processing, or vestibular function, the application of aural habilitation, rehabilitation, and appropriate devices including fitting and dispensing of hearing instruments, and cerumen management to treat such disorders. (4) "Board" means the board of hearing and speech. (5) "Department" means the department of health. (6) "Establishment" means any permanent site housing a person engaging in the practice of fitting and dispensing of hearing instruments by a hearing instrument fitter/dispenser or audiologist; where the client can have personal contact and counsel during the firm’s business hours; where business is conducted; and the address of which is given to the state for the purpose of bonding. (7) "Facility" means any permanent site housing a person engaging in the practice of speech-language pathology and/or audiology, excluding the sale, lease, or rental of hearing instruments. (8) "Fitting and dispensing of hearing instruments" means the sale, lease, or rental or attempted sale, lease, or rental of hearing instruments together with the selection and modification of hearing instruments and the administration of nondiagnostic tests as specified by RCW 18.35.110 and the use of procedures essential to the performance of these functions; and includes recommending specific hearing instrument systems, specific hearing instruments, or specific hearing instrument characteristics, the taking of impressions for ear molds for these purposes, the use of nondiagnostic procedures and equipment to verify the appropriateness of the hearing instrument fitting, and hearing instrument orientation. The fitting and dispensing of hearing instruments as defined by this chapter may be equally provided by a licensed hearing instrument fitter/dispenser or licensed audiologist. (9) "Good standing" means a licensed hearing instrument fitter/dispenser, licensed audiologist, or licensed speech-language pathologist whose license has not been subject to sanctions pursuant to chapter 18.130 RCW or sanctions by other states, territories, or the District of Columbia in the last two years. (10) "Hearing instrument" means any wearable prosthetic instrument or device designed for or represented as aiding, improving, compensating for, or correcting defective human hearing and any parts, attachments, or accessories of such an instrument or device, excluding batteries and cords, ear molds, and assistive listening devices. (11) "Hearing instrument fitter/dispenser" means a person who is licensed to engage in the practice of fitting and dispensing of hearing instruments and meets the qualifications of this chapter. (12) "Interim permit holder" means a person who holds the permit created under RCW 18.35.060 and who practices under the supervision of a licensed hearing instrument fitter/dispenser, licensed speech-language pathologist, or licensed audiologist. (13) "Secretary" means the secretary of health. (14) "Licensed speech-language pathologist" means a person who is licensed by the department to engage in the practice of speech-language pathology and meets the qualifications of this chapter. (15) "Speech-language pathology" means the application of principles, methods, and procedures related to the develop(2008 Ed.) Hearing and Speech Services ment and disorders, whether of organic or nonorganic origin, that impede oral, pharyngeal, or laryngeal sensorimotor competencies and the normal process of human communication including, but not limited to, disorders and related disorders of speech, articulation, fluency, voice, verbal and written language, auditory comprehension, cognition/communication, and the application of augmentative communication treatment and devices for treatment of such disorders. [2005 c 45 § 1; 2002 c 310 § 1; 1998 c 142 § 1; 1996 c 200 § 2; 1993 c 313 § 1; 1991 c 3 § 80; 1983 c 39 § 1; 1979 c 158 § 38; 1973 1st ex.s. c 106 § 1.] Effective date—2002 c 310: "This act takes effect January 1, 2003." [2002 c 310 § 27.] Effective date—1998 c 142 §§ 1-14 and 16-20: "Sections 1 through 14 and 16 through 20 of this act take effect January 1, 2003." [1998 c 142 § 21.] 18.35.020 18.35.020 Hearing instruments—Dispensing— License, certificate, permit required. (1) No person shall engage in the fitting and dispensing of hearing instruments or imply or represent that he or she is engaged in the fitting and dispensing of hearing instruments unless he or she is a licensed hearing instrument fitter/dispenser or a licensed audiologist or holds an interim permit issued by the department as provided in this chapter and is an owner or employee of an establishment that is bonded as provided by RCW 18.35.240. The owner or manager of an establishment that dispenses hearing instruments is responsible under this chapter for all transactions made in the establishment name or conducted on its premises by agents or persons employed by the establishment engaged in fitting and dispensing of hearing instruments. Every establishment that fits and dispenses shall have in its employ at least one licensed hearing instrument fitter/dispenser or licensed audiologist at all times, and shall annually submit proof that all testing equipment at that establishment that is required by the board to be calibrated has been properly calibrated. (2) Effective January 1, 2003, no person shall engage in the practice of audiology or imply or represent that he or she is engaged in the practice of audiology unless he or she is a licensed audiologist or holds an audiology interim permit issued by the department as provided in this chapter. Audiologists who are certified as educational staff associates by the Washington professional educator standards board are excluded unless they elect to become licensed under this chapter. However, a person certified by the state board of education as an educational staff associate who practices outside the school setting must be a licensed audiologist. (3) Effective January 1, 2003, no person shall engage in the practice of speech-language pathology or imply or represent that he or she is engaged in the practice of speech-language pathology unless he or she is a licensed speech-language pathologist or holds a speech-language pathology interim permit issued by the department as provided in this chapter. Speech-language pathologists who are certified as educational staff associates by the state board of education are excluded unless they elect to become licensed under this chapter. However, a person certified by the state board of education as an educational staff associate who practices outside the school setting must be a licensed speech-language pathologist. [2006 c 263 § 801; 2005 c 45 § 2; 2002 c 310 § (2008 Ed.) 18.35.040 2; 1998 c 142 § 2; 1996 c 200 § 3; 1989 c 198 § 1; 1983 c 39 § 2; 1973 1st ex.s c 106 § 2.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Effective date—2002 c 310: See note following RCW 18.35.010. Effective date—1998 c 142 §§ 1-14 and 16-20: See note following RCW 18.35.010. 18.35.030 Receipt required—Contents. Any person who engages in fitting and dispensing of hearing instruments shall provide to each person who enters into an agreement to purchase a hearing instrument a receipt at the time of the agreement containing the following information: (1) The seller’s name, signature, license, or permit number, address, and phone number of his or her regular place of business; (2) A description of the instrument furnished, including make, model, circuit options, and the term "used" or "reconditioned" if applicable; (3) A disclosure of the cost of all services including but not limited to the cost of testing and fitting, the actual cost of the hearing instrument furnished, the cost of ear molds if any, and the terms of the sale. These costs, including the cost of ear molds, shall be known as the total purchase price. The receipt shall also contain a statement of the purchaser’s recision rights under this chapter and an acknowledgment that the purchaser has read and understands these rights. Upon request, the purchaser shall also be supplied with a signed and dated copy of any hearing evaluation performed by the seller. (4) At the time of delivery of the hearing instrument, the purchaser shall also be furnished with the serial number of the hearing instrument supplied. [2002 c 310 § 3; 1996 c 200 § 4; 1983 c 39 § 3; 1973 1st ex.s. c 106 § 3.] 18.35.030 Effective date—2002 c 310: See note following RCW 18.35.010. 18.35.040 Applicants—Generally. (1) An applicant for licensure as a hearing instrument fitter/dispenser must have the following minimum qualifications and shall pay a fee determined by the secretary as provided in RCW 43.70.250. An applicant shall be issued a license under the provisions of this chapter if the applicant has not committed unprofessional conduct as specified by chapter 18.130 RCW, and: (a)(i) Satisfactorily completes the hearing instrument fitter/dispenser examination required by this chapter; and (ii) Satisfactorily completes a minimum of a two-year degree program in hearing instrument fitter/dispenser instruction. The program must be approved by the board; or (b) Holds a current, unsuspended, unrevoked license from another jurisdiction if the standards for licensing in such other jurisdiction are substantially equivalent to those prevailing in this state as provided in (a) of this subsection; or (c)(i) Holds a current, unsuspended, unrevoked license from another jurisdiction, has been actively practicing as a licensed hearing aid fitter/dispenser in another jurisdiction for at least forty-eight of the last sixty months, and submits proof of completion of advance certification from either the international hearing society or the national board for certification in hearing instrument sciences; and 18.35.040 [Title 18 RCW—page 101] 18.35.050 Title 18 RCW: Businesses and Professions (ii) Satisfactorily completes the hearing instrument fitter/dispenser examination required by this chapter or a substantially equivalent examination approved by the board. The applicant must present proof of qualifications to the board in the manner and on forms prescribed by the secretary and proof of completion of a minimum of four clock hours of AIDS education and training pursuant to rules adopted by the board. (2) An applicant for licensure as a speech-language pathologist or audiologist must have the following minimum qualifications: (a) Has not committed unprofessional conduct as specified by the uniform disciplinary act; (b) Has a master’s degree or the equivalent, or a doctorate degree or the equivalent, from a program at a boardapproved institution of higher learning, which includes completion of a supervised clinical practicum experience as defined by rules adopted by the board; and (c) Has completed postgraduate professional work experience approved by the board. All qualified applicants must satisfactorily complete the speech-language pathology or audiology examinations required by this chapter. The applicant must present proof of qualifications to the board in the manner and on forms prescribed by the secretary and proof of completion of a minimum of four clock hours of AIDS education and training pursuant to rules adopted by the board. [2007 c 271 § 1; 2002 c 310 § 4; 1998 c 142 § 3; 1996 c 200 § 5; 1991 c 3 § 81; 1989 c 198 § 2; 1985 c 7 § 30; 1983 c 39 § 4; 1975 1st ex.s. c 30 § 36; 1973 1st ex.s. c 106 § 4.] Effective date—2002 c 310: See note following RCW 18.35.010. Effective date—1998 c 142 §§ 1-14 and 16-20: See note following RCW 18.35.010. 18.35.050 Examination—Required—When offered—Review. Except as otherwise provided in this chapter an applicant for license shall appear at a time and place and before such persons as the department may designate to be examined by written or practical tests, or both. Examinations in hearing instrument fitting/dispensing, speech-language pathology, and audiology shall be held within the state at least once a year. The examinations shall be reviewed annually by the board and the department, and revised as necessary. The examinations shall include appropriate subject matter to ensure the competence of the applicant. Nationally recognized examinations in the fields of fitting and dispensing of hearing instruments, speech-language pathology, and audiology may be used to determine if applicants are qualified for licensure. An applicant who fails an examination may apply for reexamination upon payment of a reexamination fee. The hearing instrument fitting/dispensing reexamination fee for hearing instrument fitter/dispensers and audiologists shall be set by the secretary under RCW 43.70.250. [2002 c 310 § 5; 1996 c 200 § 6; 1993 c 313 § 2; 1989 c 198 § 3; 1983 c 39 § 5; 1973 1st ex.s. c 106 § 5.] 18.35.050 Effective date—2002 c 310: See note following RCW 18.35.010. 18.35.060 Interim permit—Issuance. The department, upon approval by the board, shall issue an interim permit authorizing an applicant for speech-language pathologist 18.35.060 [Title 18 RCW—page 102] licensure or audiologist licensure who, except for the postgraduate professional experience and the examination requirements, meets the academic and practicum requirements of RCW 18.35.040(2) to practice under supervision. The interim permit is valid for a period of one year from date of issuance. The board shall determine conditions for the interim permit. [2005 c 45 § 3; 2002 c 310 § 6; 1998 c 142 § 4; 1997 c 275 § 3. Prior: 1996 c 200 § 7; 1996 c 191 § 19; 1993 c 313 § 3; 1991 c 3 § 82; 1985 c 7 § 31; 1983 c 39 § 6; 1975 1st ex.s. c 30 § 37; 1973 1st ex.s. c 106 § 6.] Effective date—2002 c 310: See note following RCW 18.35.010. Effective date—1998 c 142 §§ 1-14 and 16-20: See note following RCW 18.35.010. 18.35.070 Examination—Contents—Tests. The hearing instrument fitter/dispenser written or practical examination, or both, provided in RCW 18.35.050 shall consist of: (1) Tests of knowledge in the following areas as they pertain to the fitting of hearing instruments: (a) Basic physics of sound; (b) The human hearing mechanism, including the science of hearing and the causes and rehabilitation of abnormal hearing and hearing disorders; and (c) Structure and function of hearing instruments. (2) Tests of proficiency in the following areas as they pertain to the fitting of hearing instruments: (a) Pure tone audiometry, including air conduction testing and bone conduction testing; (b) Live voice or recorded voice speech audiometry, including speech reception threshold testing and speech discrimination testing; (c) Effective masking; (d) Recording and evaluation of audiograms and speech audiometry to determine hearing instrument candidacy; (e) Selection and adaptation of hearing instruments and testing of hearing instruments; and (f) Taking ear mold impressions. (3) Evidence of knowledge regarding the medical and rehabilitation facilities for children and adults that are available in the area served. (4) Evidence of knowledge of grounds for revocation or suspension of license under the provisions of this chapter. (5) Any other tests as the board may by rule establish. [1996 c 200 § 8; 1973 1st ex.s. c 106 § 7.] 18.35.070 18.35.080 License—Generally. (1) The department shall license each qualified applicant who satisfactorily completes the required examinations for his or her profession and complies with administrative procedures and administrative requirements established pursuant to RCW 43.70.250 and 43.70.280. (2) The board shall waive the requirements of RCW 18.35.040 and 18.35.050 and grant an audiology license to a person who on January 1, 2003, holds a current audiology certificate issued by the department. (3) The board shall waive the requirements of RCW 18.35.040 and 18.35.050 and grant a speech-language pathology license to a person who on January 1, 2003, holds a current speech-language pathology certificate issued by the department. [2002 c 310 § 7; 1997 c 275 § 4. Prior: 1996 c 18.35.080 (2008 Ed.) Hearing and Speech Services 200 § 9; 1996 c 191 § 20; 1991 c 3 § 83; 1989 c 198 § 4; 1985 c 7 § 32; 1975 1st ex.s. c 30 § 38; 1973 1st ex.s. c 106 § 8.] Effective date—2002 c 310: See note following RCW 18.35.010. 18.35.085 18.35.085 Credentialing by endorsement. An applicant holding a credential in another state, territory, or the District of Columbia may be credentialed to practice in this state without examination if the board determines that the other state’s credentialing standards are substantially equivalent to the standards in this state. [1996 c 200 § 10; 1991 c 332 § 31.] Application to scope of practice—Captions not law—1991 c 332: See notes following RCW 18.130.010. 18.35.090 18.35.090 Compliance with administrative procedures, requirements—Display of license—Continuing education, competency standards. Each person who engages in practice under this chapter shall comply with administrative procedures and administrative requirements established under RCW 43.70.250 and 43.70.280 and shall keep the license or interim permit conspicuously posted in the place of business at all times. The secretary may establish mandatory continuing education requirements and/or continued competency standards to be met by licensees or interim permit holders as a condition for license or interim permit renewal. [2002 c 310 § 8; 1998 c 142 § 5; 1997 c 275 § 5. Prior: 1996 c 200 § 11; 1996 c 191 § 21; 1991 c 3 § 84; 1989 c 198 § 5; 1985 c 7 § 33; 1983 c 39 § 7; 1973 1st ex.s. c 106 § 9.] Effective date—2002 c 310: See note following RCW 18.35.010. Effective date—1998 c 142 §§ 1-14 and 16-20: See note following RCW 18.35.010. 18.35.095 18.35.095 Licensees—Inactive status. (1) A hearing instrument fitter/dispenser licensed under this chapter and not actively practicing may be placed on inactive status by the department at the written request of the licensee. The board shall define by rule the conditions for inactive status licensure. In addition to the requirements of RCW 43.24.086, the licensing fee for a licensee on inactive status shall be directly related to the costs of administering an inactive license by the department. A hearing instrument fitter/dispenser on inactive status may be voluntarily placed on active status by notifying the department in writing, paying the remainder of the licensing fee for the licensing year, and complying with subsection (2) of this section. (2) Hearing instrument fitter/dispenser inactive licensees applying for active licensure shall comply with the following: A licensee who has not fitted or dispensed hearing instruments for more than five years from the expiration of the licensee’s full fee license shall retake the practical or the written, or both, hearing instrument fitter/dispenser examinations required under this chapter and other requirements as determined by the board. Persons who have inactive status in this state but who are actively licensed and in good standing in any other state shall not be required to take the hearing instrument fitter/dispenser practical examination, but must submit an affidavit attesting to their knowledge of the current Washington Administrative Code rules and Revised Code of (2008 Ed.) 18.35.105 Washington statutes pertaining to the fitting and dispensing of hearing instruments. (3) A speech-language pathologist or audiologist licensed under this chapter and not actively practicing either speech-language pathology or audiology may be placed on inactive status by the department at the written request of the license holder. The board shall define by rule the conditions for inactive status licensure. In addition to the requirements of RCW 43.24.086, the fee for a license on inactive status shall be directly related to the cost of administering an inactive license by the department. A person on inactive status may be voluntarily placed on active status by notifying the department in writing, paying the remainder of the fee for the year, and complying with subsection (4) of this section. (4) Speech-language pathologist or audiologist inactive license holders applying for active licensure shall comply with requirements set forth by the board, which may include completion of continuing competency requirements and taking an examination. [2002 c 310 § 9; 1996 c 200 § 12; 1993 c 313 § 12.] Effective date—2002 c 310: See note following RCW 18.35.010. 18.35.100 Place of business. (1) Every hearing instrument fitter/dispenser, audiologist, speech-language pathologist, or interim permit holder, who is regulated under this chapter, shall notify the department in writing of the regular address of the place or places in the state of Washington where the person practices or intends to practice more than twenty consecutive business days and of any change thereof within ten days of such change. Failure to notify the department in writing shall be grounds for suspension or revocation of the license or interim permit. (2) The department shall keep a record of the places of business of persons who hold licenses or interim permits. (3) Any notice required to be given by the department to a person who holds a license or interim permit may be given by mailing it to the address of the last establishment or facility of which the person has notified the department, except that notice to a licensee or interim permit holder of proceedings to deny, suspend, or revoke the license or interim permit shall be by certified or registered mail or by means authorized for service of process. [2002 c 310 § 10; 1998 c 142 § 6; 1996 c 200 § 13; 1983 c 39 § 8; 1973 1st ex.s. c 106 § 10.] 18.35.100 Effective date—2002 c 310: See note following RCW 18.35.010. Effective date—1998 c 142 §§ 1-14 and 16-20: See note following RCW 18.35.010. 18.35.105 Records—Contents. Each licensee and interim permit holder under this chapter shall keep records of all services rendered for a minimum of three years. These records shall contain the names and addresses of all persons to whom services were provided. Hearing instrument fitter/dispensers, audiologists, and interim permit holders shall also record the date the hearing instrument warranty expires, a description of the services and the dates the services were provided, and copies of any contracts and receipts. All records, as required pursuant to this chapter or by rule, shall be owned by the establishment or facility and shall remain with the establishment or facility in the event the licensee changes employment. If a contract between the establishment 18.35.105 [Title 18 RCW—page 103] 18.35.110 Title 18 RCW: Businesses and Professions or facility and the licensee provides that the records are to remain with the licensee, copies of such records shall be provided to the establishment or facility. [2002 c 310 § 11; 1998 c 142 § 7; 1996 c 200 § 14; 1989 c 198 § 6; 1983 c 39 § 16.] Effective date—2002 c 310: See note following RCW 18.35.010. Effective date—1998 c 142 §§ 1-14 and 16-20: See note following RCW 18.35.010. 18.35.110 Disciplinary action—Grounds. In addition to causes specified under RCW 18.130.170 and 18.130.180, any person licensed or holding an interim permit under this chapter may be subject to disciplinary action by the board for any of the following causes: (1) For unethical conduct in dispensing hearing instruments. Unethical conduct shall include, but not be limited to: (a) Using or causing or promoting the use of, in any advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representation, however disseminated or published, which is false, misleading or deceptive; (b) Failing or refusing to honor or to perform as represented any representation, promise, agreement, or warranty in connection with the promotion, sale, dispensing, or fitting of the hearing instrument; (c) Advertising a particular model, type, or kind of hearing instrument for sale which purchasers or prospective purchasers responding to the advertisement cannot purchase or are dissuaded from purchasing and where it is established that the purpose of the advertisement is to obtain prospects for the sale of a different model, type, or kind than that advertised; (d) Falsifying hearing test or evaluation results; (e)(i) Whenever any of the following conditions are found or should have been found to exist either from observations by the licensee or interim permit holder or on the basis of information furnished by the prospective hearing instrument user prior to fitting and dispensing a hearing instrument to any such prospective hearing instrument user, failing to advise that prospective hearing instrument user in writing that the user should first consult a licensed physician specializing in diseases of the ear or if no such licensed physician is available in the community then to any duly licensed physician: (A) Visible congenital or traumatic deformity of the ear, including perforation of the eardrum; (B) History of, or active drainage from the ear within the previous ninety days; (C) History of sudden or rapidly progressive hearing loss within the previous ninety days; (D) Acute or chronic dizziness; (E) Any unilateral hearing loss; (F) Significant air-bone gap when generally acceptable standards have been established as defined by the food and drug administration; (G) Visible evidence of significant cerumen accumulation or a foreign body in the ear canal; (H) Pain or discomfort in the ear; or (I) Any other conditions that the board may by rule establish. It is a violation of this subsection for any licensee or that licensee’s employees and putative agents upon making such required referral for medical opinion to in any man18.35.110 [Title 18 RCW—page 104] ner whatsoever disparage or discourage a prospective hearing instrument user from seeking such medical opinion prior to the fitting and dispensing of a hearing instrument. No such referral for medical opinion need be made by any licensed hearing instrument fitter/dispenser, licensed audiologist, or interim permit holder in the instance of replacement only of a hearing instrument which has been lost or damaged beyond repair within twelve months of the date of purchase. The licensed hearing instrument fitter/dispenser, licensed audiologist, or interim permit holder or their employees or putative agents shall obtain a signed statement from the hearing instrument user documenting the waiver of medical clearance and the waiver shall inform the prospective user that signing the waiver is not in the user’s best health interest: PROVIDED, That the licensed hearing instrument fitter/dispenser, licensed audiologist, or interim permit holder shall maintain a copy of either the physician’s statement showing that the prospective hearing instrument user has had a medical evaluation within the previous six months or the statement waiving medical evaluation, for a period of three years after the purchaser’s receipt of a hearing instrument. Nothing in this section required to be performed by a licensee or interim permit holder shall mean that the licensee or interim permit holder is engaged in the diagnosis of illness or the practice of medicine or any other activity prohibited under the laws of this state; (ii) Fitting and dispensing a hearing instrument to any person under eighteen years of age who has not been examined and cleared for hearing instrument use within the previous six months by a physician specializing in otolaryngology except in the case of replacement instruments or except in the case of the parents or guardian of such person refusing, for good cause, to seek medical opinion: PROVIDED, That should the parents or guardian of such person refuse, for good cause, to seek medical opinion, the licensed hearing instrument fitter/dispenser or licensed audiologist shall obtain from such parents or guardian a certificate to that effect in a form as prescribed by the department; (iii) Fitting and dispensing a hearing instrument to any person under eighteen years of age who has not been examined by an audiologist who holds at least a master’s degree in audiology for recommendations during the previous six months, without first advising such person or his or her parents or guardian in writing that he or she should first consult an audiologist who holds at least a master’s degree in audiology, except in cases of hearing instruments replaced within twelve months of their purchase; (f) Representing that the services or advice of a person licensed to practice medicine and surgery under chapter 18.71 RCW or osteopathic medicine and surgery under chapter 18.57 RCW or of a clinical audiologist will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing instruments when that is not true, or using the word "doctor," "clinic," or other like words, abbreviations, or symbols which tend to connote a medical or osteopathic medicine and surgery profession when such use is not accurate; (g) Permitting another to use his or her license or interim permit; (h) Stating or implying that the use of any hearing instrument will restore normal hearing, preserve hearing, prevent (2008 Ed.) Hearing and Speech Services or retard progression of a hearing impairment, or any other false, misleading, or medically or audiologically unsupportable claim regarding the efficiency of a hearing instrument; (i) Representing or implying that a hearing instrument is or will be "custom-made," "made to order," "prescription made," or in any other sense specially fabricated for an individual when that is not the case; or (j) Directly or indirectly offering, giving, permitting, or causing to be given, money or anything of value to any person who advised another in a professional capacity as an inducement to influence that person, or to have that person influence others to purchase or contract to purchase any product sold or offered for sale by the hearing instrument fitter/dispenser, audiologist, or interim permit holder, or to influence any person to refrain from dealing in the products of competitors. (2) Engaging in any unfair or deceptive practice or unfair method of competition in trade within the meaning of RCW 19.86.020. (3) Aiding or abetting any violation of the rebating laws as stated in chapter 19.68 RCW. [2002 c 310 § 12; 1998 c 142 § 8. Prior: 1996 c 200 § 15; 1996 c 178 § 1; 1993 c 313 § 4; 1987 c 150 § 22; 1983 c 39 § 9; 1973 1st ex.s. c 106 § 11.] Effective date—2002 c 310: See note following RCW 18.35.010. Effective date—1998 c 142 §§ 1-14 and 16-20: See note following RCW 18.35.010. Effective date—1996 c 178: "This act shall take effect July 1, 1996." [1996 c 178 § 25.] Severability—1987 c 150: See RCW 18.122.901. Violation of chapter 69.50 RCW, the Uniform Controlled Substances Act— Suspension of license: RCW 69.50.413. 18.35.120 Disciplinary action—Additional grounds. A licensee or interim permit holder under this chapter may also be subject to disciplinary action if the licensee or interim permit holder: (1) Is found guilty in any court of any crime involving forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, or conspiracy to defraud and ten years have not elapsed since the date of the conviction; or (2) Has a judgment entered against him or her in any civil action involving forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, or conspiracy to defraud and five years have not elapsed since the date of the entry of the final judgment in the action, but a license shall not be issued unless the judgment debt has been discharged; or (3) Has a judgment entered against him or her under chapter 19.86 RCW and two years have not elapsed since the entry of the final judgment; but a license shall not be issued unless there has been full compliance with the terms of such judgment, if any. The judgment shall not be grounds for denial, suspension, nonrenewal, or revocation of a license unless the judgment arises out of and is based on acts of the applicant, licensee, or employee of the licensee; or (4) Commits unprofessional conduct as defined in RCW 18.130.180 of the uniform disciplinary act. [2002 c 310 § 13; 1998 c 142 § 9; 1996 c 200 § 17; 1983 c 39 § 10; 1973 1st ex.s. c 106 § 12.] 18.35.120 Effective date—2002 c 310: See note following RCW 18.35.010. (2008 Ed.) 18.35.150 Effective date—1998 c 142 §§ 1-14 and 16-20: See note following RCW 18.35.010. Penalties authorized: RCW 18.35.161. 18.35.140 Powers and duties of department. The powers and duties of the department, in addition to the powers and duties provided under other sections of this chapter, are as follows: (1) To provide space necessary to carry out the examination set forth in RCW 18.35.070 of applicants for hearing instrument fitter/dispenser licenses or audiology licenses. (2) To authorize all disbursements necessary to carry out the provisions of this chapter. (3) To require the periodic examination of testing equipment, as defined by the board, and to carry out the periodic inspection of facilities or establishments of persons who are licensed under this chapter, as reasonably required within the discretion of the department. (4) To appoint advisory committees as necessary. (5) To keep a record of proceedings under this chapter and a register of all persons licensed or holding interim permits under this chapter. The register shall show the name of every living licensee or interim permit holder for hearing instrument fitting/dispensing, every living licensee or interim permit holder for speech-language pathology, every living licensee or interim permit holder for audiology, with his or her last known place of residence and the date and number of his or her license or interim permit. [2002 c 310 § 14; 1998 c 142 § 10; 1996 c 200 § 18; 1993 c 313 § 5; 1983 c 39 § 11; 1973 1st ex.s. c 106 § 14.] 18.35.140 Effective date—2002 c 310: See note following RCW 18.35.010. Effective date—1998 c 142 §§ 1-14 and 16-20: See note following RCW 18.35.010. 18.35.150 Board of hearing and speech—Created— Membership—Qualifications—Terms—Vacancies— Meetings—Compensation—Travel expenses. (1) There is created hereby the board of hearing and speech to govern the three separate professions: Hearing instrument fitting/dispensing, audiology, and speech-language pathology. The board shall consist of ten members to be appointed by the governor. (2) Members of the board shall be residents of this state. Three members shall represent the public and shall have an interest in the rights of consumers of health services, and shall not be or have been a member of, or married to a member of, another licensing board, a licensee of a health occupation board, an employee of a health facility, nor derive his or her primary livelihood from the provision of health services at any level of responsibility. Two members shall be hearing instrument fitter/dispensers who are licensed under this chapter, have at least five years of experience in the practice of hearing instrument fitting and dispensing, and must be actively engaged in fitting and dispensing within two years of appointment. Two members of the board shall be audiologists licensed under this chapter who have at least five years of experience in the practice of audiology and must be actively engaged in practice within two years of appointment. Two members of the board shall be speech-language pathologists licensed under this chapter who have at least five years of experience in the practice of speech-language pathology and 18.35.150 [Title 18 RCW—page 105] 18.35.161 Title 18 RCW: Businesses and Professions must be actively engaged in practice within two years of appointment. One advisory nonvoting member shall be a medical physician licensed in the state of Washington. (3) The term of office of a member is three years. Of the initial appointments, one hearing instrument fitter/dispenser, one speech-language pathologist, one audiologist, and one consumer shall be appointed for a term of two years, and one hearing instrument fitter/dispenser, one speech-language pathologist, one audiologist, and two consumers shall be appointed for a term of three years. Thereafter, all appointments shall be made for expired terms. No member shall be appointed to serve more than two consecutive terms. A member shall continue to serve until a successor has been appointed. The governor shall either reappoint the member or appoint a successor to assume the member’s duties at the expiration of his or her predecessor’s term. A vacancy in the office of a member shall be filled by appointment for the unexpired term. (4) The chair shall rotate annually among the hearing instrument fitter/dispensers, speech-language pathologists, audiologists, and public members serving on the board. In the absence of the chair, the board shall appoint an interim chair. In event of a tie vote, the issue shall be brought to a second vote and the chair shall refrain from voting. (5) The board shall meet at least once each year, at a place, day and hour determined by the board, unless otherwise directed by a majority of board members. The board shall also meet at such other times and places as are requested by the department or by three members of the board. A quorum is a majority of the board. A hearing instrument fitter/dispenser, speech-language pathologist, and audiologist must be represented. Meetings of the board shall be open and public, except the board may hold executive sessions to the extent permitted by chapter 42.30 RCW. (6) Members of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for their travel expenses in accordance with RCW 43.03.050 and 43.03.060. (7) The governor may remove a member of the board for cause at the recommendation of a majority of the board. [2002 c 310 § 15; 1996 c 200 § 19; 1993 c 313 § 6; 1989 c 198 § 7; 1984 c 287 § 33; 1983 c 39 § 12; 1975-’76 2nd ex.s. c 34 § 35; 1973 1st ex.s. c 106 § 15.] Effective date—2002 c 310: See note following RCW 18.35.010. Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. Secretary of health or designee as ex officio member of health professional licensure and disciplinary boards: RCW 43.70.300. 18.35.161 Board—Powers and duties. The board shall have the following powers and duties: (1) To establish by rule such minimum standards and procedures in the fitting and dispensing of hearing instruments as deemed appropriate and in the public interest; (2) To adopt any other rules necessary to implement this chapter and which are not inconsistent with it; (3) To develop, approve, and administer or supervise the administration of examinations to applicants for licensure under this chapter; 18.35.161 [Title 18 RCW—page 106] (4) To require a licensee or interim permit holder to make restitution to any individual injured by a violation of this chapter or chapter 18.130 RCW, the uniform disciplinary act. The authority to require restitution does not limit the board’s authority to take other action deemed appropriate and provided for in this chapter or chapter 18.130 RCW; (5) To pass upon the qualifications of applicants for licensure or interim permits and to certify to the secretary; (6) To recommend requirements for continuing education and continuing competency requirements as a prerequisite to renewing a license under this chapter; (7) To keep an official record of all its proceedings. The record is evidence of all proceedings of the board that are set forth in this record; (8) To adopt rules, if the board finds it appropriate, in response to questions put to it by professional health associations, hearing instrument fitter/dispensers or audiologists, speech-language pathologists, interim permit holders, and consumers in this state; and (9) To adopt rules relating to standards of care relating to hearing instrument fitter/dispensers or audiologists, including the dispensing of hearing instruments, and relating to speech-language pathologists, including dispensing of communication devices. [2002 c 310 § 16; 1998 c 142 § 11; 1996 c 200 § 20; 1993 c 313 § 7; 1987 c 150 § 23; 1983 c 39 § 13.] Effective date—2002 c 310: See note following RCW 18.35.010. Effective date—1998 c 142 §§ 1-14 and 16-20: See note following RCW 18.35.010. Severability—1987 c 150: See RCW 18.122.901. 18.35.162 Unprofessional conduct. Violation of the standards adopted by rule under RCW 18.35.161 is unprofessional conduct under this chapter and chapter 18.130 RCW. [1996 c 200 § 21.] 18.35.162 18.35.172 Application of uniform disciplinary act. The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses and interim permits, and the discipline of licensees and permit holders under this chapter. [2002 c 310 § 17; 1998 c 142 § 12; 1996 c 200 § 22; 1987 c 150 § 21.] 18.35.172 Effective date—2002 c 310: See note following RCW 18.35.010. Effective date—1998 c 142 §§ 1-14 and 16-20: See note following RCW 18.35.010. Severability—1987 c 150: See RCW 18.122.901. 18.35.175 Unlawful sales practices. It is unlawful to fit or dispense a hearing instrument to a resident of this state if the attempted sale or purchase is offered or made by telephone or mail order and there is no face-to-face contact to test or otherwise determine the needs of the prospective purchaser. This section does not apply to the sale of hearing instruments by wholesalers to licensees under this chapter. [2002 c 310 § 18; 1996 c 200 § 23; 1983 c 39 § 21.] 18.35.175 Effective date—2002 c 310: See note following RCW 18.35.010. 18.35.180 Application of Consumer Protection Act and False Advertising Act. Acts and practices in the course of trade in the promoting, advertising, selling, fitting, and dispensing of hearing instruments shall be subject to the provi18.35.180 (2008 Ed.) Hearing and Speech Services sions of chapter 19.86 RCW (Consumer Protection Act) and RCW 9.04.050 (False Advertising Act) and any violation of the provisions of this chapter shall constitute violation of RCW 19.86.020. [1996 c 200 § 24; 1973 1st ex.s. c 106 § 18.] 18.35.185 Rescission of transaction—Requirements—Notice. (1) In addition to any other rights and remedies a purchaser may have, the purchaser of a hearing instrument shall have the right to rescind the transaction for other than the licensed hearing instrument fitter/dispenser, licensed audiologist, or interim permit holder’s breach if: (a) The purchaser, for reasonable cause, returns the hearing instrument or holds it at the licensed hearing instrument fitter/dispenser, licensed audiologist, or interim permit holder’s disposal, if the hearing instrument is in its original condition less normal wear and tear. "Reasonable cause" shall be defined by the board but shall not include a mere change of mind on the part of the purchaser or a change of mind related to cosmetic concerns of the purchaser about wearing a hearing instrument; and (b) The purchaser sends notice of the cancellation by certified mail, return receipt requested, to the establishment employing the licensed hearing instrument fitter/dispenser, licensed audiologist, or interim permit holder at the time the hearing instrument was originally purchased, and the notice is posted not later than thirty days following the date of delivery, but the purchaser and the licensed hearing instrument fitter/dispenser, licensed audiologist, or interim permit holder may extend the deadline for posting of the notice of rescission by mutual, written agreement. In the event the hearing instrument develops a problem which qualifies as a reasonable cause for recision or which prevents the purchaser from evaluating the hearing instrument, and the purchaser notifies the establishment employing the licensed hearing instrument fitter/dispenser, licensed audiologist, or interim permit holder of the problem during the thirty days following the date of delivery and documents such notification, the deadline for posting the notice of rescission shall be extended by an equal number of days as those between the date of the notification of the problem to the date of notification of availability for redeliveries. Where the hearing instrument is returned to the licensed hearing instrument fitter/dispenser, licensed audiologist, or interim permit holder for any inspection for modification or repair, and the licensed hearing instrument fitter/dispenser, licensed audiologist, or interim permit holder has notified the purchaser that the hearing instrument is available for redelivery, and where the purchaser has not responded by either taking possession of the hearing instrument or instructing the licensed hearing instrument fitter/dispenser, licensed audiologist, or interim permit holder to forward it to the purchaser, then the deadline for giving notice of the recision shall extend no more than seven working days after this notice of availability. (2) If the transaction is rescinded under this section or as otherwise provided by law and the hearing instrument is returned to the licensed hearing instrument fitter/dispenser, licensed audiologist, or interim permit holder, the licensed hearing instrument fitter/dispenser, licensed audiologist, or interim permit holder shall refund to the purchaser any payments or deposits for that hearing instrument. However, the 18.35.185 (2008 Ed.) 18.35.195 licensed hearing instrument fitter/dispenser, licensed audiologist, or interim permit holder may retain, for each hearing instrument, fifteen percent of the total purchase price or one hundred twenty-five dollars, whichever is less. After December 31, 1996, the recision amount shall be determined by the board. The licensed hearing instrument fitter/dispenser, licensed audiologist, or interim permit holder shall also return any goods traded in contemplation of the sale, less any costs incurred by the licensed hearing instrument fitter/dispenser, licensed audiologist, or interim permit holder in making those goods ready for resale. The refund shall be made within ten business days after the rescission. The buyer shall incur no additional liability for such rescission. (3) For the purposes of this section, the purchaser shall have recourse against the bond held by the establishment entering into a purchase agreement with the buyer, as provided by RCW 18.35.240. [2002 c 310 § 19; 1998 c 142 § 13; 1996 c 200 § 25; 1993 c 313 § 9; 1989 c 198 § 12.] Effective date—2002 c 310: See note following RCW 18.35.010. Effective date—1998 c 142 §§ 1-14 and 16-20: See note following RCW 18.35.010. 18.35.190 Valid license prerequisite to suits. In addition to remedies otherwise provided by law, in any action brought by or on behalf of a person required to be licensed or to hold an interim permit under this chapter, or by any assignee or transferee, it shall be necessary to allege and prove that the licensee or interim permit holder at the time of the transaction held a valid license or interim permit as required by this chapter, and that such license or interim permit has not been suspended or revoked pursuant to RCW 18.35.110, 18.35.120, or 18.130.160. [2002 c 310 § 20; 1998 c 142 § 14; 1996 c 200 § 26; 1989 c 198 § 8; 1987 c 150 § 24; 1983 c 39 § 14; 1973 1st ex.s. c 106 § 19.] 18.35.190 Effective date—2002 c 310: See note following RCW 18.35.010. Effective date—1998 c 142 §§ 1-14 and 16-20: See note following RCW 18.35.010. Severability—1987 c 150: See RCW 18.122.901. 18.35.195 Exemptions. (1) This chapter shall not apply to military or federal government employees. (2) This chapter does not prohibit or regulate: (a) Fitting or dispensing by students enrolled in a boardapproved program who are directly supervised by a licensed hearing instrument fitter/dispenser, a licensed audiologist under the provisions of this chapter, or an instructor at a twoyear hearing instrument fitter/dispenser degree program that is approved by the board; (b) Hearing instrument fitter/dispensers, speech-language pathologists, or audiologists of other states, territories, or countries, or the District of Columbia while appearing as clinicians of bona fide educational seminars sponsored by speech-language pathology, audiology, hearing instrument fitter/dispenser, medical, or other healing art professional associations so long as such activities do not go beyond the scope of practice defined by this chapter; and (c) The practice of audiology or speech-language pathology by persons certified by the Washington professional educator standards board as educational staff associates, except for those persons electing to be licensed under this chapter. However, a person certified by the board as an educational 18.35.195 [Title 18 RCW—page 107] 18.35.200 Title 18 RCW: Businesses and Professions staff associate who practices outside the school setting must be a licensed audiologist or licensed speech-language pathologist. [2006 c 263 § 802; 2005 c 45 § 4; 2002 c 310 § 21; 1998 c 142 § 15; 1996 c 200 § 27; 1983 c 39 § 22.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Effective date—2002 c 310: See note following RCW 18.35.010. 18.35.200 Other laws unaffected. The provisions of this chapter shall not exclude the application of any other law to persons or circumstances covered under this chapter. [1973 1st ex.s. c 106 § 20.] 18.35.200 18.35.205 Chapter exclusive. The legislature finds that the public health, safety, and welfare would best be protected by uniform regulation of hearing instrument fitter/dispensers, speech-language pathologists, audiologists, and interim permit holders throughout the state. Therefore, the provisions of this chapter relating to the licensing of hearing instrument fitter/dispensers, speech-language pathologists, and audiologists and regulation of interim permit holders and their respective establishments or facilities is exclusive. No political subdivision of the state of Washington within whose jurisdiction a hearing instrument fitter/dispenser, audiologist, or speech-language pathologist establishment or facility is located may require any registrations, bonds, licenses, certificates, or interim permits of the establishment or facility or its employees or charge any fee for the same or similar purposes: PROVIDED, HOWEVER, That nothing herein shall limit or abridge the authority of any political subdivision to levy and collect a general and nondiscriminatory license fee levied on all businesses, or to levy a tax based upon the gross business conducted by any firm within the political subdivision. [2002 c 310 § 22; 1998 c 142 § 16; 1996 c 200 § 28; 1983 c 39 § 24.] 18.35.205 Effective date—2002 c 310: See note following RCW 18.35.010. Effective date—1998 c 142 §§ 1-14 and 16-20: See note following RCW 18.35.010. 18.35.220 Violations—Cease and desist orders— Notice—Injunctions. (1) If the board determines following notice and hearing, or following notice if no hearing was timely requested, that a person has: (a) Violated any provisions of this chapter or chapter 18.130 RCW; or (b) Violated any lawful order, or rule of the board an order may be issued by the board requiring the person to cease and desist from the unlawful practice. The board shall then take affirmative action as is necessary to carry out the purposes of this chapter. (2) If the board makes a written finding of fact that the public interest will be irreparably harmed by delay in issuing an order, a temporary cease and desist order may be issued. Prior to issuing a temporary cease and desist order, the board, whenever possible, shall give notice by telephone or otherwise of the proposal to issue a temporary cease and desist order to the person to whom the order would be directed. Every temporary cease and desist order shall include in its terms a provision that upon request a hearing will be held to determine whether the order becomes permanent. 18.35.220 [Title 18 RCW—page 108] (3) The department, with or without prior administrative proceedings, may bring an action in the superior court to enjoin the acts or practices and to enforce compliance with this chapter, or rule or order under this chapter. Upon proper showing, injunctive relief or temporary restraining orders shall be granted and a receiver or conservator may be appointed. The department shall not be required to post a bond in any court proceedings. [1993 c 313 § 10; 1987 c 150 § 25; 1983 c 39 § 17.] Severability—1987 c 150: See RCW 18.122.901. 18.35.230 Violations—Registered agent—Service. (1) Each licensee or interim permit holder shall name a registered agent to accept service of process for any violation of this chapter or rule adopted under this chapter. (2) The registered agent may be released at the expiration of one year after the license or interim permit issued under this chapter has expired or been revoked. (3) Failure to name a registered agent for service of process for violations of this chapter or rules adopted under this chapter may be grounds for disciplinary action. [2002 c 310 § 23; 1998 c 142 § 17; 1996 c 200 § 29; 1989 c 198 § 9; 1983 c 39 § 19.] 18.35.230 Effective date—2002 c 310: See note following RCW 18.35.010. Effective date—1998 c 142 §§ 1-14 and 16-20: See note following RCW 18.35.010. 18.35.240 Violations—Surety bond or security in lieu of surety bonds. (1) Every individual engaged in the fitting and dispensing of hearing instruments shall be covered by a surety bond of ten thousand dollars or more, for the benefit of any person injured or damaged as a result of any violation by the licensee or permit holder, or their employees or agents, of any of the provisions of this chapter or rules adopted by the secretary. (2) In lieu of the surety bond required by this section, the licensee or permit holder may deposit cash or other negotiable security in a banking institution as defined in chapter 30.04 RCW or a credit union as defined in chapter 31.12 RCW. All obligations and remedies relating to surety bonds shall apply to deposits and security filed in lieu of surety bonds. (3) If a cash deposit or other negotiable security is filed, the licensee or permit holder shall maintain such cash or other negotiable security for one year after discontinuing the fitting and dispensing of hearing instruments. (4) Each invoice for the purchase of a hearing instrument provided to a customer must clearly display on the first page the bond number covering the licensee or interim permit holder responsible for fitting/dispensing the hearing instrument. (5) All licensed hearing instrument fitter/dispensers, licensed audiologists, and permit holders must verify compliance with the requirement to hold a surety bond or cash or other negotiable security by submitting a signed declaration of compliance upon annual renewal of their license or permit. Up to twenty-five percent of the credential holders may be randomly audited for surety bond compliance after the credential is renewed. It is the credential holder’s responsibility to submit a copy of the original surety bond or bonds, or doc18.35.240 (2008 Ed.) Naturopathy Chapter 18.36A umentation that cash or other negotiable security is held in a banking institution during the time period being audited. Failure to comply with the audit documentation request or failure to supply acceptable documentation within thirty days may result in disciplinary action. [2002 c 310 § 24; 2000 c 93 § 2; (2000 c 93 § 1 expired January 1, 2003); 1998 c 142 § 18; 1996 c 200 § 30; 1993 c 313 § 11; 1991 c 3 § 85; 1989 c 198 § 10; 1983 c 39 § 18.] audiologist" or a variation, synonym, letter, word, sign, number, insignia, coinage, or whatever expresses, employs, or implies these terms, names, or functions of a licensed audiologist. (4) Nothing in this chapter prohibits a person credentialed in this state under another act from engaging in the practice for which he or she is credentialed. [2002 c 310 § 26; 1998 c 142 § 20; 1996 c 200 § 16.] Effective date—2002 c 310: See note following RCW 18.35.010. Effective date—2002 c 310: See note following RCW 18.35.010. Expiration date—2000 c 93 §§ 1 and 3: "Sections 1 and 3 of this act expire January 1, 2003." [2000 c 93 § 45.] Effective date—1998 c 142 §§ 1-14 and 16-20: See note following RCW 18.35.010. Effective date—2000 c 93 §§ 2 and 4: "Sections 2 and 4 of this act take effect January 1, 2003." [2000 c 93 § 46.] Effective date—1998 c 142 §§ 1-14 and 16-20: See note following RCW 18.35.010. 18.35.250 Violations—Remedies—Actions on bond or security. (1) In addition to any other legal remedies, an action may be brought in any court of competent jurisdiction upon the bond, cash deposit, or security in lieu of a surety bond required by this chapter, by any person having a claim against a licensee or interim permit holder, agent, or employee for any violation of this chapter or any rule adopted under this chapter. The aggregate liability of the surety, cash deposit, or other negotiable security to all claimants shall in no event exceed the sum of the bond. Claims shall be satisfied in the order of judgment rendered. (2) An action upon the bond, cash deposit, or other negotiable security shall be commenced by serving and filing a complaint. [2002 c 310 § 25; 2000 c 93 § 4; (2000 c 93 § 3 expired January 1, 2003); 1998 c 142 § 19; 1996 c 200 § 31; 1991 c 3 § 86; 1989 c 198 § 11; 1983 c 39 § 20.] 18.35.250 Effective date—2002 c 310: See note following RCW 18.35.010. Expiration date—2000 c 93 §§ 1 and 3: See note following RCW 18.35.240. Effective date—2000 c 93 §§ 2 and 4: See note following RCW 18.35.240. Effective date—1998 c 142 §§ 1-14 and 16-20: See note following RCW 18.35.010. 18.35.260 Misrepresentation of credentials. (1) A person who is not a licensed hearing instrument fitter/dispenser may not represent himself or herself as being so licensed and may not use in connection with his or her name the words "licensed hearing instrument fitter/dispenser," "hearing instrument specialist," or "hearing aid fitter/dispenser," or a variation, synonym, word, sign, number, insignia, coinage, or whatever expresses, employs, or implies these terms, names, or functions of a licensed hearing instrument fitter/dispenser. (2) A person who is not a licensed speech-language pathologist may not represent himself or herself as being so licensed and may not use in connection with his or her name the words including "licensed speech-language pathologist" or a variation, synonym, word, sign, number, insignia, coinage, or whatever expresses, employs, or implies these terms, names, or functions as a licensed speech-language pathologist. (3) A person who is not a licensed audiologist may not represent himself or herself as being so licensed and may not use in connection with his or her name the words "licensed 18.35.270 Assistant ratios—Data collection. Recognizing the trend in utilization of speech-language pathologist assistants and audiologist assistants across practice settings, the board of hearing and speech shall, on an ongoing basis, collect data on: The number of assistants in specific practice settings; supervisor to speech-language pathologist assistant or audiologist assistant ratios; and the level of education and training of speech-language pathologist assistants and audiologist assistants. [1996 c 200 § 35.] 18.35.270 18.35.900 Severability—1973 1st ex.s. c 106. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provisions to other persons or circumstances is not affected. [1973 1st ex.s. c 106 § 21.] 18.35.900 18.35.901 Severability—1983 c 39. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1983 c 39 § 23.] 18.35.901 18.35.902 Severability—1996 c 200. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1996 c 200 § 36.] 18.35.902 18.35.260 (2008 Ed.) Chapter 18.36 Chapter 18.36 RCW DRUGLESS HEALING Sections 18.36.035 License required. 18.36.035 License required. No person may practice or represent himself or herself as a drugless therapist without first having a valid license to do so. [1987 c 150 § 28.] 18.36.035 Severability—1987 c 150: See RCW 18.122.901. Chapter 18.36A Chapter 18.36A RCW NATUROPATHY Sections 18.36A.010 18.36A.020 18.36A.030 18.36A.040 18.36A.050 18.36A.060 Intent. Definitions. License required. Scope of practice. Application of chapter—Exemptions. Powers of secretary—Application of uniform disciplinary act. [Title 18 RCW—page 109] 18.36A.010 18.36A.070 18.36A.080 18.36A.090 18.36A.100 18.36A.110 18.36A.120 18.36A.130 18.36A.140 18.36A.900 18.36A.901 Title 18 RCW: Businesses and Professions Naturopathic advisory committee. Civil immunity. Requirements for licensure. Standards for approval of educational programs. Examination for licensure. License standards for applicants from other jurisdictions— Reciprocity. Compliance with secretary’s determinations. Fee for renewal, late renewal. Effective date—1987 c 447 §§ 1-14. Severability—1987 c 447. 18.36A.010 Intent. The legislature finds that it is necessary to regulate the practice of naturopaths in order to protect the public health, safety, and welfare. It is the legislature’s intent that only individuals who meet and maintain minimum standards of competence and conduct may provide service to the public. [1987 c 447 § 1.] 18.36A.010 18.36A.020 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Department" means the department of health. (2) "Secretary" means the secretary of health or the secretary’s designee. (3) "Naturopath" means an individual licensed under this chapter. (4) "Committee" means the Washington state naturopathic practice advisory committee. (5) "Educational program" means an accredited program preparing persons for the practice of naturopathic medicine. (6) "Nutrition and food science" means the prevention and treatment of disease or other human conditions through the use of foods, water, herbs, roots, bark, or natural food elements. (7) "Manual manipulation" or "mechanotherapy" means manipulation of a part or the whole of the body by hand or by mechanical means. (8) "Physical modalities" means use of physical, chemical, electrical, and other noninvasive modalities, including but not limited to heat, cold, air, light, water in any of its forms, sound, massage, and therapeutic exercise. (9) "Homeopathy" means a system of medicine based on the use of infinitesimal doses of medicines capable of producing symptoms similar to those of the disease treated, as listed in the homeopathic pharmacopeia of the United States. (10) "Naturopathic medicines" means vitamins; minerals; botanical medicines; homeopathic medicines; hormones; and those legend drugs and controlled substances consistent with naturopathic medical practice in accordance with rules established by the secretary. Controlled substances are limited to codeine and testosterone products that are contained in Schedules III, IV, and V in chapter 69.50 RCW. (11) "Hygiene and immunization" means the use of such preventative techniques as personal hygiene, asepsis, public health, and immunizations, to the extent allowed by rule. (12) "Minor office procedures" means care and procedures incident thereto of superficial lacerations, lesions, and abrasions, and the removal of foreign bodies located in superficial structures, not to include the eye; and the use of antiseptics and topical or local anesthetics in connection therewith. "Minor office procedures" also includes intramuscular, intravenous, subcutaneous, and intradermal injections of sub18.36A.020 [Title 18 RCW—page 110] stances consistent with the practice of naturopathic medicine and in accordance with rules established by the secretary. (13) "Common diagnostic procedures" means the use of venipuncture consistent with the practice of naturopathic medicine, commonly used diagnostic modalities consistent with naturopathic practice, health history taking, physical examination, radiography, examination of body orifices excluding endoscopy, laboratory medicine, and obtaining samples of human tissues, but excluding incision or excision beyond that which is authorized as a minor office procedure. (14) "Suggestion" means techniques including but not limited to counseling, biofeedback, and hypnosis. (15) "Radiography" means the ordering, but not the interpretation, of radiographic diagnostic and other imaging studies and the taking and interpretation of standard radiographs. [2005 c 158 § 1; 1991 c 3 § 87; 1987 c 447 § 4.] Education and training requirements—2005 c 158: "The secretary [of health], in consultation with the naturopathic advisory committee and the Washington state board of pharmacy, shall develop education and training requirements for the use of controlled substances authorized under this act. The requirements must be met by the naturopath prior to being authorized to prescribe controlled substances under this act." [2005 c 158 § 3.] 18.36A.030 License required. (1) No person may practice naturopathy or represent himself or herself as a naturopath without first applying for and receiving a license from the secretary to practice naturopathy. (2) A person represents himself or herself as a naturopath when that person adopts or uses any title or any description of services that incorporates one or more of the following terms or designations: Naturopath or doctor of naturopathic medicine. [1991 c 3 § 88; 1987 c 447 § 2.] 18.36A.030 18.36A.040 Scope of practice. Naturopathic medicine is the practice by naturopaths of the art and science of the diagnosis, prevention, and treatment of disorders of the body by stimulation or support, or both, of the natural processes of the human body. A naturopath is responsible and accountable to the consumer for the quality of naturopathic care rendered. The practice of naturopathic medicine includes manual manipulation (mechanotherapy), the prescription, administration, dispensing, and use, except for the treatment of malignancies, of nutrition and food science, physical modalities, minor office procedures, homeopathy, naturopathic medicines, hygiene and immunization, nondrug contraceptive devices, common diagnostic procedures, and suggestion; however, nothing in this chapter shall prohibit consultation and treatment of a patient in concert with a practitioner licensed under chapter 18.57 or 18.71 RCW. No person licensed under this chapter may employ the term "chiropractic" to describe any services provided by a naturopath under this chapter. [2005 c 158 § 2; 1991 c 3 § 89; 1988 c 246 § 1; 1987 c 447 § 3.] 18.36A.040 Education and training requirements—2005 c 158: See note following RCW 18.36A.020. 18.36A.050 Application of chapter—Exemptions. Nothing in this chapter shall be construed to prohibit or restrict: 18.36A.050 (2008 Ed.) Naturopathy (1) The practice of a profession by individuals who are licensed, certified, or registered under other laws of this state who are performing services within their authorized scope of practice; (2) The practice of naturopathic medicine by an individual employed by the government of the United States while the individual is engaged in the performance of duties prescribed for him or her by the laws and regulations of the United States; (3) The practice of naturopathic medicine by students enrolled in a school approved by the secretary. The performance of services shall be pursuant to a course of instruction or assignments from an instructor and under the supervision of the instructor. The instructor shall be a naturopath licensed pursuant to this chapter; or (4) The practice of oriental medicine or oriental herbology, or the rendering of other dietary or nutritional advice. [1991 c 3 § 90; 1987 c 447 § 5.] 18.36A.060 Powers of secretary—Application of uniform disciplinary act. (1) In addition to any other authority provided by law, the secretary may: (a) Adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this chapter; (b) Set all license, examination, and renewal fees in accordance with RCW 43.70.250; (c) Establish forms and procedures necessary to administer this chapter; (d) Determine the minimum education and experience requirements for licensure in conformance with RCW 18.36A.090, including but not limited to approval of educational programs; (e) Prepare and administer or approve the preparation and administration of examinations for licensure; (f) Issue a license to any applicant who has met the education, training, and examination requirements for licensure and deny a license to applicants who do not meet the minimum qualifications for licensure; except that denial of licenses based on unprofessional conduct or impaired practice shall be governed by the uniform disciplinary act, chapter 18.130 RCW; (g) Hire clerical, administrative, and investigative staff as needed to implement and administer this chapter and to hire individuals, including those licensed under this chapter, to serve as examiners or consultants as necessary to implement and administer this chapter; (h) Maintain the official department record of all applicants and licensees; (i) Determine whether alternative methods of training are equivalent to formal education, and establish forms, procedures, and criteria for evaluation of an applicant’s equivalent alternative training to determine the applicant’s eligibility to take the examination; (j) Establish by rule the procedures for an appeal of examination failure; (k) Conduct a hearing on an appeal of a denial of a license based on the applicant’s failure to meet the minimum qualifications for licensure. The hearing shall be conducted pursuant to chapter 34.05 RCW; and (l) Adopt rules implementing a continuing competency program. 18.36A.060 (2008 Ed.) 18.36A.090 (2) The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses and the discipline of licensees under this chapter. The secretary shall be the disciplining authority under this chapter. [1991 c 3 § 91; 1987 c 447 § 6.] 18.36A.070 Naturopathic advisory committee. (1) There is hereby created the Washington state naturopathic advisory committee consisting of five members appointed by the secretary who shall advise the secretary concerning the administration of this chapter. Three members of the initial committee shall be persons who would qualify for licensing under this chapter. Their successors shall be naturopaths who are licensed under this chapter. Two members of the committee shall be individuals who are unaffiliated with the profession. For the initial committee, one unaffiliated member and one naturopath shall serve four-year terms, one unaffiliated member and one naturopath shall serve three-year terms, and one naturopath shall serve a two-year term. The term of office for committee members after the initial committee is four years. Any committee member may be removed for just cause including a finding of fact of unprofessional conduct, impaired practice, or more than three unexcused absences. The secretary may appoint a new member to fill any vacancy on the committee for the remainder of the unexpired term. No committee member may serve more than two consecutive terms, whether full or partial. (2) Committee members shall be compensated in accordance with RCW 43.03.240 and reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. (3) The committee may elect annually a chair and vicechair to direct the meetings of the committee. The committee shall meet at least once each year, and may hold additional meetings as called by the secretary or the chair. [1991 c 3 § 92; 1987 c 447 § 7.] 18.36A.070 18.36A.080 Civil immunity. The secretary, members of the committee, or individuals acting on their behalf, are immune from suit in any civil action based on any act performed in the course of their duties. [1991 c 3 § 93; 1987 c 447 § 8.] 18.36A.080 18.36A.090 Requirements for licensure. The department shall issue a license to any applicant who meets the following requirements: (1) Successful completion of an educational program approved by the secretary, the minimum standard of which shall be the successful completion of a doctorate degree program in naturopathy which includes a minimum of two hundred post-graduate hours in the study of mechanotherapy from an approved educational program, or successful completion of equivalent alternate training that meets the criteria established by the secretary. The requirement for two hundred post-graduate hours in the study of mechanotherapy shall expire June 30, 1989; (2) Successful completion of any equivalent experience requirement established by the secretary; (3) Successful completion of an examination administered or approved by the secretary; (4) Good moral character; and 18.36A.090 [Title 18 RCW—page 111] 18.36A.100 Title 18 RCW: Businesses and Professions (5) Not having engaged in unprofessional conduct or being unable to practice with reasonable skill and safety as a result of a physical or mental impairment. The secretary shall establish what constitutes adequate proof of meeting the above requirements. Any person holding a valid license to practice drugless therapeutics under chapter 18.36 RCW upon January 1, 1988, shall be deemed licensed pursuant to this chapter. [1991 c 3 § 94; 1987 c 447 § 9.] 18.36A.100 Standards for approval of educational programs. The secretary shall establish by rule the standards for approval of educational programs and alternate training and may contract with individuals or organizations having expertise in the profession and/or in education to report to the secretary the information necessary for the secretary to evaluate the educational programs. The standards for approval shall be based on the minimal competencies necessary for safe practice. The standards and procedures for approval shall apply equally to educational programs and equivalent alternate training within the United States and those in foreign jurisdictions. The secretary may establish a fee for educational program evaluation. The fee shall be determined by the administrative costs for the educational program evaluation, including, but not limited to, costs for site evaluation. [1991 c 3 § 95; 1987 c 447 § 10.] 18.36A.100 18.36A.110 Examination for licensure. (1) The date and location of the examination shall be established by the secretary. Applicants who have been found to meet the education and experience requirements for licensure shall be scheduled for the next examination following the filing of the application. The secretary shall establish by rule the examination application deadline. (2) The examination shall contain subjects appropriate to the standards of competency and scope of practice. (3) The secretary shall establish by rule the requirements for a reexamination if the applicant has failed the examination. (4) The committee may recommend to the secretary an examination prepared or administered, or both, by a private testing agency or association of licensing boards. [1991 c 3 § 96; 1987 c 447 § 11.] 18.36A.110 18.36A.120 License standards for applicants from other jurisdictions—Reciprocity. The secretary shall establish by rule the standards for licensure of applicants licensed in another jurisdiction. However, the standards for reciprocity of licensure shall not be less than required for licensure in the state of Washington. [1991 c 3 § 97; 1987 c 447 § 12.] 18.36A.120 18.36A.130 Compliance with secretary’s determinations. Applicants shall comply with administrative procedures, administrative requirements, and fees determined by the secretary as provided in RCW 43.70.250 and 43.70.280. [1996 c 191 § 22; 1991 c 3 § 98; 1987 c 447 § 13.] 18.36A.130 18.36A.140 Fee for renewal, late renewal. The secretary shall establish the administrative procedures, administrative requirements, and fees for renewal and late renewal of 18.36A.140 [Title 18 RCW—page 112] licenses as provided in RCW 43.70.250 and 43.70.280. [1996 c 191 § 23; 1991 c 3 § 99; 1987 c 447 § 14.] 18.36A.900 Effective date—1987 c 447 §§ 1-14. Sections 1 through 14 of this act shall take effect January 1, 1988. [1987 c 447 § 20.] 18.36A.900 18.36A.901 Severability—1987 c 447. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1987 c 447 § 25.] 18.36A.901 Chapter 18.39 RCW EMBALMERS—FUNERAL DIRECTORS Chapter 18.39 Sections 18.39.010 18.39.020 18.39.035 18.39.045 18.39.050 18.39.070 18.39.100 18.39.120 18.39.125 18.39.130 18.39.145 18.39.150 18.39.170 18.39.173 18.39.175 18.39.181 18.39.195 18.39.215 18.39.217 18.39.220 18.39.231 18.39.240 18.39.250 18.39.255 18.39.260 18.39.270 18.39.280 18.39.290 18.39.300 18.39.320 18.39.330 18.39.345 18.39.350 18.39.360 18.39.370 18.39.410 18.39.420 18.39.450 Definitions. License required. Applicant for license as funeral director or embalmer—Eligibility. College course requirements. Application—Renewal—Fees. Examinations—Applications—Notice—Passing grades— Retake of examination. License—Form—Restrictions. Interns—Registration—Renewal—Notice of termination— Fees. Academic interns. Licenses—Applicants from other states—Examination. Funeral establishment license—Issuance—Requirements— Transferability—Expiration. License lapse—Reinstatement—Fee—Reexamination. Inspector of funeral establishments, crematories, directors, and embalmers—Appointment—Eligibility—Term—Powers and duties. Board of funeral directors and embalmers—Established— Membership—Appointment—Qualifications—Terms— Vacancies—Officers—Quorum. Board—Duties and responsibilities—Compensation—Travel expenses—Rules. Powers and duties of director. Pricing information to be given—Billing "cash advanced" items. Embalmers—Authorization to embalm—Information required—Immediate care of body—Waiver—Penalty. License or endorsement required for cremation—Penalty— Regulation of crematories. Unlawful business practices—Penalty. Prohibited advice and transactions—Exceptions—Rules— Penalty. Prearrangement funeral service contracts—License required. Prearrangement contracts—Trusts—Refunds. Prearrangement contracts—Insurance funded—Requirements. Prearrangement contracts—Certificates of registration required—Exception. Prearrangement contracts—Registration qualifications. Prearrangement contracts—Application for registration. Prearrangement contracts—Registration—Renewal—Fees— Disposition. Grounds for disciplinary action. Prearrangement contracts—Annual financial statement—Failure to file. Prearrangement contract forms—Approval required— Grounds for disapproval. Prearrangement trust—Examination by board. Violations—Penalty—Consumer protection—Retail installment contracts. Fraternal or benevolent organizations and labor unions excepted. Prearrangement service contracts—Abandoned trusts. Unprofessional conduct. Complaint to board—Submittal—Determination—Investigation—Immunity of complainant. Findings of fact—Order—Notice—Report. (2008 Ed.) Embalmers—Funeral Directors 18.39.465 18.39.467 18.39.525 18.39.530 18.39.560 18.39.800 18.39.900 18.39.901 License suspension—Nonpayment or default on educational loan or scholarship. License suspension—Noncompliance with support order— Reissuance. Certificates of removal registration. Practice without license—Penalties. Uniform regulation of business and professions act. Funeral directors and embalmers account. Severability—1937 c 108. Severability—1982 c 66. Burial and removal permits: RCW 70.58.230. 18.39.045 the plural may be applied to the singular, and words importing the masculine gender may be applied to the female. [2005 c 365 § 1; 2000 c 171 § 10; 1989 c 390 § 1; 1982 c 66 § 1; 1981 c 43 § 1; 1979 c 158 § 39; 1977 ex.s. c 93 § 1; 1965 ex.s. c 107 § 1; 1937 c 108 § 1; RRS § 8313.] Effective dates—1982 c 66: See note following RCW 18.39.240. Number and gender: RCW 1.12.050. 18.39.020 License required. It is unlawful for any person to act or hold himself or herself out as a funeral director or embalmer or discharge any of the duties of a funeral director or embalmer as defined in this chapter unless the person has a valid license under this chapter. It is unlawful for any person to establish, maintain, or operate a funeral establishment without a valid establishment license. [2005 c 365 § 2; 1987 c 150 § 30; 1981 c 43 § 2; 1937 c 108 § 2; RRS § 83141. Prior: 1909 c 215 § 1. Formerly RCW 18.39.020 and 18.39.110.] 18.39.020 Cemeteries, morgues and human remains: Title 68 RCW. Disposal of remains prohibited unless accompanied by proper permit: RCW 70.58.260. Prearrangement contracts for cemeteries: Chapter 68.46 RCW. Undertaker must file death certificate: RCW 70.58.240. 18.39.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Funeral director" means a person engaged in the profession or business of providing for the care, shelter, transportation, and arrangements for the disposition of human remains that may include arranging and directing funeral, memorial, or other services. (2) "Embalmer" means a person engaged in the profession or business of disinfecting and preserving human remains for transportation or final disposition. (3) "Two-year college course" means the completion of sixty semester hours or ninety quarter hours of college credit, including the satisfactory completion of certain college courses, as set forth in this chapter. (4) "Funeral establishment" means a place of business licensed in accordance with RCW 18.39.145, that provides for any aspect of the care, shelter, transportation, embalming, preparation, and arrangements for the disposition of human remains and includes all areas of such entity and all equipment, instruments, and supplies used in the care, shelter, transportation, preparation, and embalming of human remains. (5) "Director" means the director of licensing. (6) "Board" means the state board of funeral directors and embalmers created pursuant to RCW 18.39.173. (7) "Prearrangement funeral service contract" means any contract under which, for a specified consideration, a funeral establishment promises, upon the death of the person named or implied in the contract, to furnish funeral merchandise or services. (8) "Funeral merchandise or services" means those services normally performed and merchandise normally provided by funeral establishments, including the sale of burial supplies and equipment, but excluding the sale by a cemetery of lands or interests therein, services incidental thereto, markers, memorials, monuments, equipment, crypts, niches, or vaults. (9) "Public depositary" means a public depositary defined by RCW 39.58.010 or a state or federally chartered credit union. (10) "Licensee" means any person or entity holding a license, registration, endorsement, or permit under this chapter issued by the director. Words used in this chapter importing the singular may be applied to the plural of the person or thing, words importing 18.39.010 (2008 Ed.) Severability—1987 c 150: See RCW 18.122.901. 18.39.035 Applicant for license as funeral director or embalmer—Eligibility. (1) An applicant for a license as a funeral director shall be at least eighteen years of age and must have obtained an associate of arts degree in mortuary science or completed a course of not less than two years in an accredited college, and a one-year course of training under a licensed funeral director in this state. The applicant must also pass an examination in the funeral arts and an examination in the laws of this state pertaining to the handling, care, transportation, and disposition of human remains and the contents of this chapter. (2) An applicant for a license as an embalmer must be at least eighteen years of age and have obtained an associate of arts degree in mortuary science or completed a course of instruction in an accredited mortuary science college program and other college courses that total sixty semester hours or ninety quarter hours, completed a two-year course of training under a licensed embalmer in this state, and have passed an examination in the funeral sciences and an examination in the laws of this state pertaining to the handling, care, transportation, and disposition of human remains, and the contents of this chapter. [2005 c 365 § 3; 1996 c 217 § 1; 1981 c 43 § 3.] 18.39.035 18.39.045 College course requirements. (1) The twoyear college course required for funeral directors under this chapter shall consist of sixty semester or ninety quarter hours of instruction at a school, college, or university accredited by the Northwest Association of Schools and Colleges or other accrediting association approved by the board, with a minimum 2.0 grade point, or a grade of C or better, in each subject required by subsection (2) of this section. (2) Credits shall include one course in psychology, one in mathematics, two courses in English composition, two courses in social science, and three courses selected from the following subjects: Behavioral sciences, public speaking, counseling, business administration and management, computer science, and first aid. (3) This section does not apply to any person registered and in good standing as an apprentice funeral director or 18.39.045 [Title 18 RCW—page 113] 18.39.050 Title 18 RCW: Businesses and Professions embalmer on or before January 1, 1982. [2005 c 365 § 4; 1996 c 217 § 2; 1982 c 66 § 20; 1981 c 43 § 4.] Effective dates—1982 c 66: See note following RCW 18.39.240. 18.39.050 Application—Renewal—Fees. Every application for an initial license or a license renewal under this chapter shall be made in writing on a form prescribed by the director with such information as the director requires. The director shall set license fees in accordance with RCW 43.24.086. [1985 c 7 § 37; 1982 c 66 § 21; 1981 c 43 § 5; 1975 1st ex.s. c 30 § 42; 1971 ex.s. c 266 § 8; 1937 c 108 § 6; RRS § 8318-1. Formerly RCW 18.39.050, 18.39.060, and 18.39.140.] 18.39.050 Effective dates—1982 c 66: See note following RCW 18.39.240. 18.39.070 Examinations—Applications—Notice— Passing grades—Retake of examination. (1) License examinations shall be held by the director at least once each year at a time and place to be designated by the director. Application to take an examination shall be filed with the director at least fifteen days prior to the examination date. The department shall give each applicant written notice of the time and place of the next examination. The applicant shall be deemed to have passed an examination if the applicant attains a grade of not less than seventy-five percent in each examination. Any applicant who fails an examination shall be entitled, at no additional fee, to one retake of that examination. (2) An applicant for a license may take his or her written examination after completing the educational requirements and before completing the course of training required under RCW 18.39.035. [2005 c 365 § 5; 1996 c 217 § 3; 1981 c 43 § 6; 1965 ex.s. c 107 § 4; 1937 c 108 § 5; RRS § 8317. Prior: 1909 c 215 §§ 8, 11.] 18.39.070 18.39.100 License—Form—Restrictions. Every license issued shall specify the name of the person to whom it is issued and shall be displayed in his or her place of business in an area accessible to the public. No license shall be assigned, and not more than one person shall carry on the profession or business of funeral directing or embalming under one license. [2005 c 365 § 6; 1996 c 217 § 4; 1937 c 108 § 7; RRS § 8319. Prior: 1909 c 215 § 13.] 18.39.100 18.39.120 Interns—Registration—Renewal—Notice of termination—Fees. Every person engaged in the business of funeral directing or embalming, who employs an intern to assist in the conduct of the business, shall register the name of each intern with the director at the beginning of the internship, and shall also forward notice of the termination of the internship. The registration shall be renewed annually and shall expire on the anniversary of the intern’s birthdate. Fees determined under RCW 43.24.086 shall be paid for the initial registration of the intern, and for each annual renewal. [2005 c 365 § 7; 1985 c 7 § 38; 1981 c 43 § 7; 1975 1st ex.s. c 30 § 43; 1937 c 108 § 10; RRS § 8322.] 18.39.120 18.39.125 Academic interns. (1) An "academic intern" includes any student enrolled in an accredited college funeral service education program who is serving his or her three18.39.125 [Title 18 RCW—page 114] month internship at a participating Washington state funeral establishment as required for graduation from the funeral service education program. (2) Academic interns shall serve their internship in accordance with the guidelines established by the funeral service education program. (3) Academic interns shall register with the director at the beginning of the academic internship on an application form prescribed by the board. The academic internship may not exceed a period of three months. No fee is required for registration as an academic intern. [2005 c 365 § 8.] 18.39.130 Licenses—Applicants from other states— Examination. The board may recognize licenses issued to funeral directors or embalmers from other states and extend reciprocity to an applicant if the applicant furnishes satisfactory evidence that the applicant holds a valid license issued by another licensing authority recognized by the board as having qualifications for licensure that are substantially equivalent to those required by this chapter on the date of original licensure or licensure with the other licensing authority. Five years active experience as a licensee may be accepted to make up a deficit in the comparable education requirements. The board may issue a funeral director’s or embalmer’s license upon: (1) Presentation of the license verification; (2) Payment of a fee determined under RCW 43.24.086; (3) Successful completion of the examination of the laws of this state pertaining to the handling, care, transportation, and disposition of human remains and the contents of this chapter. [2005 c 365 § 9; 1996 c 217 § 5. Prior: 1986 c 259 § 60; 1985 c 7 § 39; 1982 c 66 § 22; 1981 c 43 § 8; 1975 1st ex.s. c 30 § 44; 1937 c 108 § 15; RRS § 8325; prior: 1909 c 215 § 16.] 18.39.130 Severability—1986 c 259: See note following RCW 18.130.010. Effective dates—1982 c 66: See note following RCW 18.39.240. 18.39.145 Funeral establishment license—Issuance—Requirements—Transferability—Expiration. The board shall issue a funeral establishment license to any person, partnership, association, corporation, or other organization to operate a funeral establishment, at a specific location only, which has met the following requirements: (1) The applicant has designated the name under which the funeral establishment will operate and has designated the location for which the establishment license is to be issued; (2) The applicant is licensed in this state as a funeral director or employs one licensed funeral director who will be in service at the designated location; (3) The applicant has filed an application with the director as required by this chapter and paid the required filing fee pursuant to RCW 43.24.086; (4) As a condition of applying for a new funeral establishment license, the person or entity desiring to acquire such ownership or control shall be bound by all then existing prearrangement funeral service contracts. (5) All duties requiring a license will be performed by licensed individuals or registered interns. 18.39.145 (2008 Ed.) Embalmers—Funeral Directors The board may deny an application for a funeral establishment license, or issue a conditional license, if disciplinary action has previously been taken against the applicant or the applicant’s designated funeral director or embalmer. No funeral establishment license shall be transferable. An applicant may make application for more than one funeral establishment license so long as all of the requirements are met for each license. All funeral establishment licenses shall expire on January 31st, or as otherwise determined by the director. [2005 c 365 § 10. Prior: 1986 c 259 § 61; 1985 c 7 § 40; 1977 ex.s. c 93 § 3.] Severability—1986 c 259: See note following RCW 18.130.010. 18.39.150 License lapse—Reinstatement—Fee— Reexamination. Any licensed funeral director or embalmer whose license has lapsed shall reapply for a license and pay a fee as determined under RCW 43.24.086 before the license may be issued. Applications under this section shall be made within one year after the expiration of the previous license. If the application is not made within one year, the applicant shall be required to take an examination and pay the license fee, which may include penalty fees. [2005 c 365 § 11. Prior: 1986 c 259 § 63; 1985 c 7 § 41; 1981 c 43 § 10; 1975 1st ex.s. c 30 § 45; 1937 c 108 § 8; RRS § 8320.] 18.39.150 Severability—1986 c 259: See note following RCW 18.130.010. 18.39.170 Inspector of funeral establishments, crematories, directors, and embalmers—Appointment—Eligibility—Term—Powers and duties. There shall be appointed by the director an agent whose title shall be "inspector of funeral establishments, crematories, funeral directors, and embalmers of the state of Washington." No person shall be eligible for such appointment unless he or she has been a licensed funeral director and embalmer in the state of Washington, with a minimum experience of not less than five consecutive years. (1) The inspector shall: (a) Serve at the pleasure of the director; and (b) At all times be under the supervision of the director. (2) The inspector is authorized to: (a) Enter the office, premises, establishment, or place of business, where funeral directing, embalming, or cremation is carried on for the purpose of inspecting the premises; (b) Inspect the licenses and registrations of funeral directors, embalmers, funeral director interns, and embalmer interns; (c) Serve and execute any papers or process issued by the director under authority of this chapter; and (d) Perform any other duty or duties prescribed or ordered by the director. [2005 c 365 § 12; 1937 c 108 § 16; RRS § 8325-1.] 18.39.170 18.39.173 Board of funeral directors and embalmers—Established—Membership—Appointment—Qualifications—Terms—Vacancies—Officers—Quorum. There is hereby established a state board of funeral directors and embalmers to be composed of five members, four professional and one public member, appointed by the governor in accordance with this section. Each professional member of the board shall be licensed in this state as a funeral director 18.39.173 (2008 Ed.) 18.39.175 and embalmer and a resident of the state of Washington for a period of at least five years next preceding appointment, during which time such member shall have been continuously engaged in the profession. All members of the board of funeral directors and embalmers shall be appointed to serve for a term of five years, to expire on July 1st of the year of termination of their term, and until their successors have been appointed. In case of a vacancy occurring on the board, the governor shall appoint a qualified member for the remainder of the unexpired term of the vacant office. Any member of the board of funeral directors and embalmers who fails to properly discharge the duties of a member may be removed by the governor. The board shall meet once annually to elect a chair, vicechair, and secretary and take official board action on pending matters by majority vote of all the members of the board of funeral directors and embalmers and at other times when called by the director, the chair, or a majority of the members. A majority of the members of the board shall at all times constitute a quorum. [2005 c 365 § 13; 1977 ex.s. c 93 § 8.] 18.39.175 Board—Duties and responsibilities— Compensation—Travel expenses—Rules. Each member of the board of funeral directors and embalmers shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses in connection with board duties in accordance with RCW 43.03.050 and 43.03.060. The board shall have the following duties and responsibilities: (1) To be responsible for the preparation, conducting, and grading of examinations of applicants for funeral director and embalmer licenses; (2) To certify to the director the results of examinations of applicants and certify the applicant as having "passed" or "failed"; (3) To make findings and recommendations to the director on any and all matters relating to the enforcement of this chapter; (4) To adopt and enforce reasonable rules. Rules regulating the cremation of human remains shall be adopted in consultation with the cemetery board; (5) To examine or audit or to direct the examination and audit of prearrangement funeral service trust fund records for compliance with this chapter and rules adopted by the board; and (6) To adopt rules establishing mandatory continuing education requirements to be met by persons applying for license renewal. [2005 c 365 § 14; 1996 c 217 § 6; 1994 c 17 § 1. Prior: 1986 c 259 § 64; 1985 c 402 § 6; 1984 c 287 § 34; 1984 c 279 § 53; 1981 c 43 § 11; 1977 ex.s. c 93 § 9.] 18.39.175 Savings—1986 c 259 §§ 64, 73: "The repeal of RCW 18.39.179 and the amendment of RCW 18.39.175 by this act shall not be construed as affecting any rights and duties which matured, penalties which were incurred, and proceedings which were begun before June 11, 1986." [1986 c 259 § 74.] Severability—1986 c 259: See note following RCW 18.130.010. Legislative finding—1985 c 402: See note following RCW 68.50.185. Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. Severability—1984 c 279: See RCW 18.130.901. [Title 18 RCW—page 115] 18.39.181 Title 18 RCW: Businesses and Professions 18.39.181 Powers and duties of director. The director shall have the following powers and duties: (1) To issue all licenses provided for under this chapter; (2) To renew licenses under this chapter; (3) To collect all fees prescribed and required under this chapter; (4) To immediately suspend the license of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order; (5) To keep records of all official acts, proceedings, and transactions of the department of licensing; and (6) To employ the necessary staff to carry out the duties of this chapter. [2005 c 365 § 15; 1997 c 58 § 819; 1996 c 217 § 7; 1986 c 259 § 65; 1981 c 43 § 13; 1977 ex.s. c 93 § 5.] 18.39.181 (2)(a) Any licensee authorized to dispose of human remains shall refrigerate or embalm the human remains upon receipt of the human remains. However, subsection (1) of this section and RCW 68.50.108 shall be complied with before human remains are embalmed. Upon written authorization of the proper state or local authority, the provisions of this subsection may be waived for a specified period of time. (b) Violation of this subsection is a gross misdemeanor. [2005 c 365 § 17; 2003 c 53 § 127; 1987 c 331 § 76; 1985 c 402 § 5; 1981 c 43 § 15.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Effective date—1987 c 331: See RCW 68.05.900. Legislative finding—1985 c 402: See note following RCW 68.50.185. 18.39.217 License or endorsement required for cremation—Penalty—Regulation of crematories. (1) A license or endorsement issued by the board or under chapter 68.05 RCW is required in order to operate a crematory or conduct a cremation. (2) Conducting a cremation without a license or endorsement is a misdemeanor. Each such cremation is a separate violation. (3) Crematories owned or operated by or located on property licensed as a funeral establishment shall be regulated by the board. Crematories not affiliated with a funeral establishment shall be regulated by the cemetery board. [2005 c 365 § 18; 2003 c 53 § 128; 1985 c 402 § 7.] 18.39.217 Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. Severability—1986 c 259: See note following RCW 18.130.010. 18.39.195 Pricing information to be given—Billing "cash advanced" items. (1) Every licensed funeral director, his or her agent, or his or her employee shall give, or cause to be given, to the person making funeral arrangements or arranging for shipment, transportation, or other disposition of a deceased person: (a) If requested by voice, data, text, electronic, or other similar transmission, accurate information regarding the retail prices of funeral merchandise and services offered for sale by that funeral director; and (b) At the time such arrangements are completed or prior to the time of rendering the service, a written, itemized statement showing to the extent then known the price of merchandise and service that such person making such arrangements has selected, the price of supplemental items of service and merchandise, if any, and the estimated amount of each item for which the funeral service firm will advance money as an accommodation to the person making such funeral arrangements. (2) No such funeral director, his or her agent, or his or her employee, shall bill or cause to be billed any item that is referred to as a "cash advanced" item unless the net amount paid for such item by the funeral director is the same amount as is billed to such funeral director. [2005 c 365 § 16; 1979 ex.s. c 62 § 1.] 18.39.195 18.39.215 Embalmers—Authorization to embalm— Information required—Immediate care of body— Waiver—Penalty. (1)(a) No licensed embalmer shall embalm human remains without first having obtained authorization from the individual or individuals that have the right to control the disposition under RCW 68.50.160. (b) The funeral director or embalmer shall inform the family member or representative of the deceased that embalming is not required by state law, except that embalming is required under certain conditions as determined by rule by the state board of health. Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Legislative finding—1985 c 402: See note following RCW 68.50.185. 18.39.220 Unlawful business practices—Penalty. (1) Every licensee who pays, or causes to be paid, directly or indirectly, money, or other valuable consideration, for the securing of business is guilty of a gross misdemeanor. (2) Every person who sells, or offers for sale, any share, certificate, or interest in the business of any funeral director or embalmer, or in any corporation, firm, or association owning or operating a funeral establishment, which promises to give to the purchaser a right to the services of the funeral director, embalmer, or corporation, firm, or association at a charge or cost less than that offered or given to the public, is guilty of a gross misdemeanor. [2005 c 365 § 19; 2003 c 53 § 129; 1981 c 43 § 16; 1937 c 108 § 13; RRS § 8323-2.] 18.39.220 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Violations—Penalty—Unfair practice under chapter 19.86 RCW: RCW 18.39.350. 18.39.215 [Title 18 RCW—page 116] 18.39.231 Prohibited advice and transactions— Exceptions—Rules—Penalty. (1) A licensee shall not, in conjunction with any professional services performed for compensation under this chapter, provide financial or investment advice to any person other than a family member, represent any person in a real estate transaction, or act as an agent under a power of attorney for any person. However, this section shall not be deemed to prohibit a funeral establishment from entering into prearrangement funeral service contracts in accordance with this chapter or to prohibit a 18.39.231 (2008 Ed.) Embalmers—Funeral Directors funeral director from providing advice about government or insurance benefits. (2) A violation of this section is a gross misdemeanor and is grounds for disciplinary action. (3) The board shall adopt rules as the board deems necessary to prevent unethical financial dealings between licensees and their clients. [2005 c 365 § 20; 2003 c 53 § 130; 1986 c 259 § 66; 1982 c 66 § 15.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Severability—1986 c 259: See note following RCW 18.130.010. Effective dates—1982 c 66: See note following RCW 18.39.240. 18.39.240 Prearrangement funeral service contracts—License required. Only a funeral establishment licensed pursuant to this chapter may enter into prearrangement funeral service contracts. [1989 c 390 § 2; 1982 c 66 § 2.] 18.39.240 Effective dates—1982 c 66: "This act shall take effect on September 1, 1982, with the exception of sections 20, 21, and 22 of this act, which are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately [March 26, 1982]." [1982 c 66 § 24.] Transfer of records, files, and pending business—1982 c 66: "(1) All records, files, reports, papers, or other written material in the possession of the insurance commissioner pertaining to the regulation of prepaid funeral expenses shall be delivered to the director of licensing on the effective date of this act. (2) All business or matters concerning prepaid funeral expenses pending before the insurance commissioner shall be transferred to the director of licensing and assumed by the director on the effective date of this act." [1982 c 66 § 17.] Savings—1982 c 66: "The transfer of duties under sections 2 through 14 of this act shall not affect the validity of any rule, action, decision promulgated or held prior to the effective date of this act." [1982 c 66 § 18.] 18.39.250 Prearrangement contracts—Trusts— Refunds. (1) Any funeral establishment selling funeral merchandise or services by prearrangement funeral service contract and accepting moneys therefore shall establish and maintain one or more prearrangement funeral service trusts under Washington state law with two or more designated trustees, for the benefit of the beneficiary of the prearrangement funeral service contract. Funeral establishments may join with one or more other Washington state licensed funeral establishments in a "master trust" provided that each member of the "master trust" shall comply individually with the requirements of this chapter. (2) Up to ten percent of the cash purchase price of each prearrangement funeral service contract, excluding sales tax, may be retained by the funeral establishment unless otherwise provided in this chapter. If the prearrangement funeral service contract is canceled within thirty calendar days of its signing, then the purchaser shall receive a full refund of all moneys paid under the contract. (3) At least ninety percent of the cash purchase price of each prearrangement funeral service contract, paid in advance, excluding sales tax, shall be placed in the trust established or utilized by the funeral establishment. Deposits to the prearrangement funeral service trust shall be made not later than the twentieth day of the month following receipt of each payment made on the last ninety percent of each prearrangement funeral service contract, excluding sales tax. 18.39.250 (2008 Ed.) 18.39.250 (4) All prearrangement funeral service trust moneys shall be deposited in an insured account in a public depositary or shall be invested in instruments issued or insured by any agency of the federal government. The account or investments shall be designated as the prearrangement funeral service trust of the funeral establishment for the benefit of the beneficiaries named in the prearrangement funeral service contracts. The prearrangement funeral service trust shall not be considered as, or used as, an asset of the funeral establishment. (5) After deduction of reasonable fees for the administration of the trust, taxes paid or withheld, or other expenses of the trust, all interest, dividends, or growth earned by a trust shall become a part of the trust. Adequate records shall be maintained to allocate the share of principal and interest to each contract. Fees deducted for the administration of the trust shall not exceed one percent per year of the amount in trust. In no instance shall the administrative charges deducted from the prearrangement funeral service trust reduce, diminish, or in any other way lessen the value of the trust so that the services or merchandise provided for under the contract are reduced, diminished, or in any other way lessened. (6) Except as otherwise provided in this chapter, the trustees of a prearrangement funeral service trust shall permit withdrawal of all funds deposited under a prearrangement funeral service contract, plus accruals thereon, under the following circumstances and conditions: (a) If the funeral establishment files a verified statement with the trustees that the prearrangement funeral merchandise and services covered by the contract have been furnished and delivered in accordance therewith; or (b) If the funeral establishment files a verified statement with the trustees that the prearrangement funeral merchandise and services covered by the contract have been canceled in accordance with its terms. (7) Subsequent to the thirty calendar day cancellation period provided for in this chapter, any purchaser or beneficiary who has a revocable prearrangement funeral service contract has the right to demand a refund of the amount in trust. (8) Prearrangement funeral service contracts which have or should have an account in a prearrangement funeral service trust may be terminated by the board if the funeral establishment goes out of business, becomes insolvent or bankrupt, makes an assignment for the benefit of creditors, has its prearrangement funeral service certificate of registration revoked, or for any other reason is unable to fulfill the obligations under the contract. In such event, or upon demand by the purchaser or beneficiary of the prearrangement funeral service contract, the funeral establishment shall refund to the purchaser or beneficiary all moneys deposited in the trust and allocated to the contract unless otherwise ordered by a court of competent jurisdiction. The purchaser or beneficiary may, in lieu of a refund, elect to transfer the prearrangement funeral service contract and all amounts in trust to another funeral establishment licensed under this chapter which will agree, by endorsement to the contract, to be bound by the contract and to provide the funeral merchandise or services. Election of this option shall not relieve the defaulting funeral [Title 18 RCW—page 117] 18.39.255 Title 18 RCW: Businesses and Professions establishment of its obligation to the purchaser or beneficiary for any amounts required to be, but not placed, in trust. (9) Prior to the sale or transfer of ownership or control of any funeral establishment which has contracted for prearrangement funeral service contracts, any person, corporation, or other legal entity desiring to acquire such ownership or control shall apply to the director in accordance with RCW 18.39.145. Persons and business entities selling or relinquishing, and persons and business entities purchasing or acquiring ownership or control of such funeral establishments shall each verify and attest to a report showing the status of the prearrangement funeral service trust or trusts on the date of the sale. This report shall be on a form prescribed by the board and shall be considered part of the application for a funeral establishment license. In the event of failure to comply with this subsection, the funeral establishment shall be deemed to have gone out of business and the provisions of subsection (8) of this section shall apply. (10) Prearrangement funeral service trust moneys shall not be used, directly or indirectly, for the benefit of the funeral establishment or any director, officer, agent, or employee of the funeral establishment including, but not limited to, any encumbrance, pledge, or other use of prearrangement funeral service trust moneys as collateral or other security. (11)(a) If, at the time of the signing of the prearrangement funeral service contract, the beneficiary of the trust is a recipient of public assistance as defined in RCW 74.04.005, or reasonably anticipates being so defined, the contract may provide that the trust will be irrevocable. If after the contract is entered into, the beneficiary becomes eligible or seeks to become eligible for public assistance under Title 74 RCW, the contract may provide for an election by the beneficiary, or by the purchaser on behalf of the beneficiary, to make the trust irrevocable thereafter in order to become or remain eligible for such assistance. (b) The department of social and health services shall notify the trustee of any prearrangement service trust that the department has a claim on the estate of a beneficiary for longterm care services. Such notice shall be renewed at least every three years. The trustees upon becoming aware of the death of a beneficiary shall give notice to the department of social and health services, office of financial recovery, who shall file any claim there may be within thirty days of the notice. (12) Every prearrangement funeral service contract financed through a prearrangement funeral service trust shall contain language which: (a) Informs the purchaser of the prearrangement funeral service trust and the amount to be deposited in the trust; (b) Indicates if the contract is revocable or not in accordance with subsection (11) of this section; (c) Specifies that a full refund of all moneys paid on the contract will be made if the contract is canceled within thirty calendar days of its signing; (d) Specifies that, in the case of cancellation by a purchaser or beneficiary eligible to cancel under the contract or under this chapter, up to ten percent of the contract amount may be retained by the seller to cover the necessary expenses of selling and setting up the contract; [Title 18 RCW—page 118] (e) Identifies the trust to be used and contains information as to how the trustees may be contacted. [2005 c 365 § 21; 1996 c 217 § 8; 1995 1st sp.s. c 18 § 62; 1989 c 390 § 3; 1982 c 66 § 3.] Conflict with federal requirements—Severability—Effective date— 1995 1st sp.s. c 18: See notes following RCW 74.39A.030. Effective dates—Transfer of records, files, and pending business— Savings—1982 c 66: See notes following RCW 18.39.240. 18.39.255 Prearrangement contracts—Insurance funded—Requirements. Prearranged funeral service contracts funded through insurance shall contain language which: (1) States the amount of insurance; (2) Informs the purchaser of the name and address of the insurance company through which the insurance will be provided and the name of the beneficiary; (3) Informs the purchaser that amounts paid for insurance may not be refundable; (4) Informs that any funds from the policy not used for services may be subject to a claim for reimbursement for long-term care services paid for by the state; and (5) States that for purposes of the contract, the procedures in RCW 18.39.250(11)(b) shall control such recoupment. [2005 c 365 § 22; 1995 1st sp.s. c 18 § 63; 1989 c 390 § 4.] 18.39.255 Conflict with federal requirements—Severability—Effective date— 1995 1st sp.s. c 18: See notes following RCW 74.39A.030. 18.39.260 Prearrangement contracts—Certificates of registration required—Exception. A funeral establishment shall not enter into prearrangement funeral service contracts in this state unless the funeral establishment has obtained a certificate of registration issued by the board and such certificate is then in force. Certificates of registration shall be maintained by funeral establishments and the funeral establishment shall comply with all requirements related to the sale of prearrangement contracts until all obligations have been fulfilled. The board may, for just cause, release a funeral establishment from specific registration or reporting requirements. [1989 c 390 § 5; 1986 c 259 § 67; 1982 c 66 § 4.] 18.39.260 Severability—1986 c 259: See note following RCW 18.130.010. Effective dates—Transfer of records, files, and pending business— Savings—1982 c 66: See notes following RCW 18.39.240. 18.39.270 Prearrangement contracts—Registration qualifications. To qualify for and hold a certificate of registration, a funeral establishment must: (1) Be licensed pursuant to this chapter; and (2) Fully comply with and qualify according to the provisions of this chapter. [1982 c 66 § 5.] 18.39.270 Effective dates—Transfer of records, files, and pending business— Savings—1982 c 66: See notes following RCW 18.39.240. 18.39.280 Prearrangement contracts—Application for registration. To apply for an original certificate of registration, a funeral establishment must: (1) File with the board its request showing: (a) Its name, location, and organization date; (b) The kinds of funeral business it proposes to transact; 18.39.280 (2008 Ed.) Embalmers—Funeral Directors (c) A statement of its financial condition, management, and affairs on a form satisfactory to or furnished by the board; (d) Documents establishing its trust, or its affiliation with a master trust, and the names and addresses of the trustees if a trust is to be used to finance prearrangement funeral service contracts; (e) Documents establishing its relationship with insurance carriers if insurance is to be used to finance; (f) Documents establishing any other financing relationships; and (g) Such other documents, stipulations, or information as the board may reasonably require to evidence compliance with the provisions of this chapter. (2) Deposit with the director the fees required by this chapter to be paid for filing the accompanying documents, and for the certificate of registration, if granted. [1989 c 390 § 6; 1986 c 259 § 68; 1982 c 66 § 7.] Severability—1986 c 259: See note following RCW 18.130.010. Effective dates—Transfer of records, files, and pending business— Savings—1982 c 66: See notes following RCW 18.39.240. Fees: RCW 18.39.290. 18.39.290 Prearrangement contracts—Registration—Renewal—Fees—Disposition. All certificates of registration issued pursuant to this chapter shall continue in force until the expiration date unless suspended or revoked. A certificate shall be subject to renewal annually ninety days after the end of its fiscal year, as stated on the original application, by the funeral establishment and payment of the required fees. The director shall determine and collect fees related to certificate of registration licensure. All fees so collected shall be remitted by the director to the state treasurer not later than the first business day following receipt of such funds and the funds shall be credited to the funeral directors and embalmers account. [1993 c 43 § 1; 1986 c 259 § 69; 1982 c 66 § 8.] 18.39.290 Effective date of 1993 c 43—1993 sp.s. c 24: "Chapter 43, Laws of 1993 is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993." [1993 sp.s. c 24 § 931.] Severability—1986 c 259: See note following RCW 18.130.010. Effective dates—Transfer of records, files, and pending business— Savings—1982 c 66: See notes following RCW 18.39.240. 18.39.300 Grounds for disciplinary action. In addition to the grounds for action set forth in RCW 18.235.130, the board may take the disciplinary action set forth in RCW 18.235.110 against the funeral establishment’s license, the license of any funeral director and/or the funeral establishment’s certificate of registration, if the licensee or registrant: (1) Fails to comply with any provisions of this chapter or any proper order or regulation of the board; (2) Is found by the board to be in such condition that further execution of prearrangement contracts could be hazardous to purchasers or beneficiaries and the people of this state; (3) Refuses to be examined, or refuses to submit to examination by the board when required; (4) Fails to pay the expense of an examination; or 18.39.300 (2008 Ed.) 18.39.345 (5) Is found by the board after investigation or receipt of reliable information to be managed by persons who are incompetent or untrustworthy or so lacking in managerial experience as to make the proposed or continued execution or servicing of prearrangement funeral service contracts hazardous to purchasers, beneficiaries, or to the public. [2002 c 86 § 219; 1989 c 390 § 7; 1986 c 259 § 70; 1982 c 66 § 6.] Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. Severability—1986 c 259: See note following RCW 18.130.010. Effective dates—Transfer of records, files, and pending business— Savings—1982 c 66: See notes following RCW 18.39.240. 18.39.320 Prearrangement contracts—Annual financial statement—Failure to file. (1) Each funeral establishment which has prearrangement funeral service contracts outstanding shall annually, as required by the board, file with the board a true and accurate statement of its financial condition and transactions and affairs involving prearrangement funeral service contracts for its preceding fiscal year. The statement shall be on such forms and shall contain such information as required by this chapter and by the board. (2) The board shall take disciplinary action against the certificate of registration of any funeral establishment which fails to file its annual statement when due or after any extension of time which the board has, for good cause, granted. [1989 c 390 § 8; 1986 c 259 § 71; 1982 c 66 § 10.] 18.39.320 Severability—1986 c 259: See note following RCW 18.130.010. Effective dates—Transfer of records, files, and pending business— Savings—1982 c 66: See notes following RCW 18.39.240. 18.39.330 Prearrangement contract forms— Approval required—Grounds for disapproval. No prearrangement funeral contract forms shall be used without the prior approval of the board. The board shall disapprove any such contract form, or withdraw prior approval, when such form: (1) Violates or does not comply with this chapter; (2) Contains or incorporates by reference any inconsistent, ambiguous or misleading clauses, or exceptions and conditions which unreasonably or deceptively affect the merchandise or service purported to be provided in the general coverage of the contract; (3) Has any title, heading, or other part of its provisions which is misleading; (4) Is being solicited by deceptive advertising; (5) Fails to disclose fully the terms of the funeral service being provided by the contract, including but not limited to, any discounts, guarantees, provisions for merchandise or service substitutions or other significant items; or (6) Is not written in language which the board considers to be easily understood by the purchaser. [1989 c 390 § 9; 1986 c 259 § 72; 1982 c 66 § 11.] 18.39.330 Severability—1986 c 259: See note following RCW 18.130.010. Effective dates—Transfer of records, files, and pending business— Savings—1982 c 66: See notes following RCW 18.39.240. 18.39.345 Prearrangement trust—Examination by board. (1) The board shall examine a prearrangement funeral service trust whenever it deems it necessary, but at 18.39.345 [Title 18 RCW—page 119] 18.39.350 Title 18 RCW: Businesses and Professions least once every three years, or whenever the licensee fails after reasonable notice from the board to file the reports required by this chapter or the board. (2) The expense of the prearrangement funeral service trust examination shall be paid by the licensee and shall not be deducted from the earnings of the trust. (3) Such examination shall be conducted in private in the principal office of the licensee and the records relating to prearrangement funeral service contracts and prearrangement funeral service trusts shall be available at such office. [2005 c 365 § 23; 1989 c 390 § 10.] 18.39.350 Violations—Penalty—Consumer protection—Retail installment contracts. Any person who violates or fails to comply with, or aids or abets any person in the violation of, or failure to comply with any of the provisions of this chapter is guilty of a class C felony pursuant to chapter 9A.20 RCW. Any such violation constitutes an unfair practice under chapter 19.86 RCW and this chapter and conviction thereunder is grounds for license revocation under this chapter and RCW 18.235.110. Retail installment contracts under this chapter shall be governed by chapter 63.14 RCW. [2002 c 86 § 220; 1989 c 390 § 11; 1982 c 66 § 13.] 18.39.350 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. Effective dates—Transfer of records, files, and pending business— Savings—1982 c 66: See notes following RCW 18.39.240. Unlawful business practices—Penalty: RCW 18.39.220. 18.39.360 Fraternal or benevolent organizations and labor unions excepted. This chapter does not apply to any funeral right or benefit issued or granted as an incident to or by reason of membership in any fraternal or benevolent association or cooperative or society, or labor union not organized for profit. [1989 c 390 § 12; 1982 c 66 § 14.] 18.39.360 Effective dates—Transfer of records, files, and pending business— Savings—1982 c 66: See notes following RCW 18.39.240. 18.39.370 Prearrangement service contracts—Abandoned trusts. Any trust which has not matured or been refunded and for which no beneficiary can be located fifty years after its creation shall be considered abandoned and will be handled in accordance with the escheat laws of the state of Washington. [1989 c 390 § 13.] ation given for the purpose of obtaining or providing the services for human remains or where death is impending; (3) Acceptance by a licensee, registrant, endorsement, or permit holder or other employee of a funeral establishment of a commission, bonus, rebate, or gratuity in consideration of directing business to a cemetery, crematory, mausoleum, columbarium, florist, or other person providing goods and services to the disposition of human remains; (4) Using a casket or part of a casket that has previously been used as a receptacle for, or in connection with, the burial or other disposition of human remains without the written consent of the person lawfully entitled to control the disposition of remains of the deceased person in accordance with RCW 68.50.160. This subsection does not prohibit the use of rental caskets, such as caskets of which the outer shell portion is rented and the inner insert that contains the human remains is purchased and used for the disposition, that are disclosed as such in the statement of funeral goods and services; (5) Violation of a state law, municipal law, or county ordinance or regulation affecting the handling, custody, care, transportation, or disposition of human remains; (6) Refusing to promptly surrender the custody of human remains upon the expressed order of the person lawfully entitled to its custody under RCW 68.50.160; (7) Selling, or offering for sale, a share, certificate, or an interest in the business of a funeral establishment, or in a corporation, firm, or association owning or operating a funeral establishment that promises or purports to give to purchasers a right to the services of a licensee, registrant, endorsement, or permit holder at a charge or cost less than offered or given to the public; (8) Violation of any state or federal statute or administrative ruling relating to funeral practice; (9) Knowingly concealing information concerning a violation of this title. [2005 c 365 § 24; 2002 c 86 § 221; 1994 c 17 § 3.] Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.39.370 18.39.410 Unprofessional conduct. In addition to the unprofessional conduct described in RCW 18.235.130, the board may take disciplinary action and may impose any of the sanctions specified in RCW 18.235.110 for the following conduct, acts, or conditions: (1) Solicitation of human remains by a licensee, registrant, endorsement, or permit holder, or agent, assistant, or employee of the licensee, registrant, endorsement, or permit holder whether the solicitation occurs after death or while death is impending. This chapter does not prohibit general advertising or the sale of prearrangement funeral service contracts; (2) Solicitation may include employment of solicitors, payment of commission, bonus, rebate, or any form of gratuity or payment of a finders fee, referral fee, or other consider18.39.410 [Title 18 RCW—page 120] 18.39.420 Complaint to board—Submittal—Determination—Investigation—Immunity of complainant. A person, including but not limited to a consumer, licensee, corporation, organization, and state and local governmental agency, may submit a written complaint to the board charging a license, registration, endorsement, or permit holder or applicant with unprofessional conduct and specifying the grounds for the complaint. If the board determines that the complaint merits investigation, or if the board has reason to believe, without a formal complaint, that a license holder or applicant might have engaged in unprofessional conduct, the board shall investigate to determine whether there has been unprofessional conduct. A person who files a complaint under this section in good faith is immune from suit in a civil action related to the filing or contents of the complaint. [1994 c 17 § 4.] 18.39.420 18.39.450 Findings of fact—Order—Notice— Report. (1) In the event of a finding of unprofessional conduct, the board shall prepare and serve findings of fact and an order as provided in chapter 34.05 RCW and the board shall 18.39.450 (2008 Ed.) Embalmers—Funeral Directors notify the public, which notice must include press releases to appropriate local news media and the major news wire services. If the license, registration, endorsement, or permit holder or applicant is found to have not committed unprofessional conduct, the board shall immediately prepare and serve findings of fact and an order of dismissal of the charges. The board shall retain the findings of fact and order as a permanent record. (2) The board shall report the issuance of statements of charges and final orders in cases processed by the board to: (a) The person or agency who brought to the board’s attention information that resulted in the initiation of the case; (b) Appropriate organizations, public or private, that serve the professions; and (c) Counterpart licensing boards in other states or associations of state licensing boards. (3) This section does not require the reporting of information that is exempt from public disclosure under chapter 42.56 RCW. [2005 c 274 § 223; 1994 c 17 § 7.] Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. 18.39.465 License suspension—Nonpayment or default on educational loan or scholarship. The director shall suspend the license of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person’s license shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose. [1996 c 293 § 9.] 18.39.465 Severability—1996 c 293: See note following RCW 18.04.420. 18.39.467 License suspension—Noncompliance with support order—Reissuance. In the case of suspension for failure to comply with a support order under chapter 74.20A RCW or a *residential or visitation order under chapter 26.09 RCW, if the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of a license shall be automatic upon the director’s receipt of a release issued by the department of social and health services stating that the individual is in compliance with the order. [1997 c 58 § 820.] 18.39.467 *Reviser’s note: 1997 c 58 § 887 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal (2008 Ed.) 18.39.800 requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 18.39.525 Certificates of removal registration. (1) The director shall issue a certificate of removal registration to a funeral establishment licensed in another state contiguous to Washington, with laws substantially similar to the provisions of this section, for the limited purpose of removing human remains from Washington prior to submitting a certificate of death. Licensed funeral establishments wishing to participate must: Apply to the department of licensing for a certificate of removal registration, on a form provided by the department, and pay the required application fee, as set by the director. (2) For purposes of this section, each branch of a registrant’s funeral establishment is a separate establishment and must be registered as a fixed place of business. (3) Certificates of death are governed by RCW 70.58.160. (4) Notices of removal and disposition permits are governed by RCW 70.58.230. (5) The conduct of funeral directors, embalmers, or any other person employed by or acting on behalf of a removal registrant is the direct responsibility of the holder of the certificate of removal registration. (6) The board may impose sanctions upon the holder of a certificate of removal registration if the registrant is found to be in violation of any death care statute or rule. (7) Certificates of removal registration expire January 31st, or as otherwise determined by the director. [2005 c 365 § 26.] 18.39.525 18.39.530 Practice without license—Penalties. Unlicensed practice of a profession or operation of a business for which a license, registration, endorsement, or permit is required under this chapter, unless otherwise exempted by law, is a gross misdemeanor. Fees, fines, forfeitures, and penalties collected or assessed by a court because of a violation of this section must be remitted to the board. [2002 c 86 § 222; 1994 c 17 § 15.] 18.39.530 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.39.560 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 223.] 18.39.560 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.39.800 Funeral directors and embalmers account. The funeral directors and embalmers account is created in the state treasury. All fees received by the department for licenses, registrations, renewals, examinations, and audits shall be forwarded to the state treasurer who shall credit the money to the account. All fines and civil penalties ordered by 18.39.800 [Title 18 RCW—page 121] 18.39.900 Title 18 RCW: Businesses and Professions the superior court or fines ordered pursuant to RCW 18.130.160(8) against holders of licenses or registrations issued under the provisions of this chapter shall be paid to the account. All expenses incurred in carrying out the licensing and registration activities of the department and the state funeral directors and embalmers board under this chapter shall be paid from the account as authorized by legislative appropriation. Any residue in the account shall be accumulated and shall not revert to the general fund at the end of the biennium. All earnings of investments of balances in the account shall be credited to the general fund. [2005 c 365 § 25; 1996 c 217 § 9; 1993 c 43 § 2.] Effective date of 1993 c 43—1993 sp.s. c 24: See note following RCW 18.39.290. 18.39.900 Severability—1937 c 108. If any section, subdivision, sentence or clause of this act shall be held invalid or unconstitutional, such holding shall not affect the validity of the remaining portions of this act. [1937 c 108 § 18.] 18.39.900 18.39.901 Severability—1982 c 66. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1982 c 66 § 23.] 18.39.901 Chapter 18.43 Chapter 18.43 RCW ENGINEERS AND LAND SURVEYORS Sections 18.43.010 18.43.020 18.43.030 18.43.033 18.43.035 18.43.040 18.43.050 18.43.060 18.43.070 18.43.075 18.43.080 18.43.100 18.43.105 18.43.110 18.43.120 18.43.130 18.43.150 18.43.160 18.43.170 18.43.180 18.43.900 18.43.910 18.43.920 18.43.930 General provisions. Definitions. Board of registration—Members—Terms—Qualifications— Compensation and travel expenses. Pro tem board members—Limits—Duties. Bylaws—Employees—Rules—Periodic reports and roster. Registration requirements. Application—Registration fees. Examinations. Certificates and seals. Retired status certificate. Expiration and renewals of certificates—Fees—Continuing professional development. Registration of out-of-state applicants. Disciplinary action—Prohibited conduct, acts, conditions. Discipline of registrant—Board’s power—Unprofessional conduct—Reissuance of certificate of registration. Violations and penalties. Excepted services—Fees. Disposition of fees. Certificate of registration or license suspension—Nonpayment or default on educational loan or scholarship. Registration suspension—Noncompliance with support order—Reissuance. Uniform regulation of business and professions act. Short title. Severability—1947 c 283. Severability—1959 c 297. Severability—1961 c 142. Actions or claims for engineering and surveying services, limitations upon: RCW 4.16.300 through 4.16.320. Noncompliance with surveys and monuments recording law—Grounds for revocation: RCW 58.09.140. Public contracts for engineering services: Chapter 39.80 RCW. Surveys and monuments recording law: Chapter 58.09 RCW. [Title 18 RCW—page 122] 18.43.010 General provisions. In order to safeguard life, health, and property, and to promote the public welfare, any person in either public or private capacity practicing or offering to practice engineering or land surveying, shall hereafter be required to submit evidence that he is qualified so to practice and shall be registered as hereinafter provided; and it shall be unlawful for any person to practice or to offer to practice in this state, engineering or land surveying, as defined in the provisions of this chapter, or to use in connection with his name or otherwise assume, use, or advertise any title or description tending to convey the impression that he is a professional engineer or a land surveyor, unless such a person has been duly registered under the provisions of this chapter. [1947 c 283 § 1; Rem. Supp. 1947 § 8306-21. Prior: 1935 c 167 § 2; RRS § 8306-2.] 18.43.010 False advertising: Chapter 9.04 RCW. 18.43.020 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Engineer" means a professional engineer as defined in this section. (2) "Professional engineer" means a person who, by reason of his or her special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis and design, acquired by professional education and practical experience, is qualified to practice engineering as defined in this section, as attested by his or her legal registration as a professional engineer. (3) "Engineer-in-training" means a candidate who: (a) Has satisfied the experience requirements in RCW 18.43.040 for registration; (b) has successfully passed the examination in the fundamental engineering subjects; and (c) is enrolled by the board as an engineer-in-training. (4) "Engineering" means the "practice of engineering" as defined in this section. (5)(a) "Practice of engineering" means any professional service or creative work requiring engineering education, training, and experience and the application of special knowledge of the mathematical, physical, and engineering sciences to such professional services or creative work as consultation, investigation, evaluation, planning, design, and supervision of construction for the purpose of assuring compliance with specifications and design, in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works, or projects. (b) A person shall be construed to practice or offer to practice engineering, within the meaning and intent of this chapter, who practices any branch of the profession of engineering; or who, by verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself or herself to be a professional engineer, or through the use of some other title implies that he or she is a professional engineer; or who holds himself or herself out as able to perform, or who does perform, any engineering service or work or any other professional service designated by the practitioner or recognized by educational authorities as engineering. (c) The practice of engineering does not include the work ordinarily performed by persons who operate or maintain machinery or equipment. (6) "Land surveyor" means a professional land surveyor. 18.43.020 (2008 Ed.) Engineers and Land Surveyors (7) "Professional land surveyor" means a person who, by reason of his or her special knowledge of the mathematical and physical sciences and principles and practices of land surveying, which is acquired by professional education and practical experience, is qualified to practice land surveying and as attested to by his or her legal registration as a professional land surveyor. (8) "Land-surveyor-in-training" means a candidate who: (a) Has satisfied the experience requirements in RCW 18.43.040 for registration; (b) successfully passes the examination in the fundamental land surveying subjects; and (c) is enrolled by the board as a land-surveyor-in-training. (9) "Practice of land surveying" means assuming responsible charge of the surveying of land for the establishment of corners, lines, boundaries, and monuments, the laying out and subdivision of land, the defining and locating of corners, lines, boundaries, and monuments of land after they have been established, the survey of land areas for the purpose of determining the topography thereof, the making of topographical delineations and the preparing of maps and accurate records thereof, when the proper performance of such services requires technical knowledge and skill. (10) "Board" means the state board of registration for professional engineers and land surveyors, provided for by this chapter. (11) "Significant structures" include: (a) Hazardous facilities, defined as: Structures housing, supporting, or containing sufficient quantities of explosive substances to be of danger to the safety of the public if released; (b) Essential facilities that have a ground area of more than five thousand square feet and are more than twenty feet in mean roof height above average ground level. Essential facilities are defined as: (i) Hospitals and other medical facilities having surgery and emergency treatment areas; (ii) Fire and police stations; (iii) Tanks or other structures containing, housing, or supporting water or fire suppression material or equipment required for the protection of essential or hazardous facilities or special occupancy structures; (iv) Emergency vehicle shelters and garages; (v) Structures and equipment in emergency preparedness centers; (vi) Standby power-generating equipment for essential facilities; (vii) Structures and equipment in government communication centers and other facilities requiring emergency response; (viii) Aviation control towers, air traffic control centers, and emergency aircraft hangars; and (ix) Buildings and other structures having critical national defense functions; (c) Structures exceeding one hundred feet in height above average ground level; (d) Buildings that are customarily occupied by human beings and are five stories or more above average ground level; (e) Bridges having a total span of more than two hundred feet and piers having a surface area greater than ten thousand square feet; and (2008 Ed.) 18.43.033 (f) Buildings and other structures where more than three hundred people congregate in one area. [2007 c 193 § 2; 1995 c 356 § 1; 1991 c 19 § 1; 1947 c 283 § 2; Rem. Supp. 1947 § 8306-22. Prior: 1935 c 167 § 1; RRS § 8306-1.] Effective date—2007 c 193: See note following RCW 18.43.040. Effective date—1995 c 356: "This act shall take effect July 1, 1996." [1995 c 356 § 6.] 18.43.030 Board of registration—Members— Terms—Qualifications—Compensation and travel expenses. A state board of registration for professional engineers and land surveyors is hereby created which shall exercise all of the powers and perform all of the duties conferred upon it by this chapter. After July 9, 1986, the board shall consist of seven members, who shall be appointed by the governor and shall have the qualifications as hereinafter required. The terms of board members in office on June 11, 1986, shall not be affected. The first additional member shall be appointed for a four-year term and the second additional member shall be appointed for a three-year term. On the expiration of the term of any member, the governor shall appoint a successor for a term of five years to take the place of the member whose term on said board is about to expire. However, no member shall serve more than two consecutive terms on the board. Each member shall hold office until the expiration of the term for which such member is appointed or until a successor shall have been duly appointed and shall have qualified. Five members of the board shall be registered professional engineers licensed under the provisions of this chapter. Two members shall be registered professional land surveyors licensed under this chapter. Each of the members of the board shall have been actively engaged in the practice of engineering or land surveying for at least ten years subsequent to registration, five of which shall have been immediately prior to their appointment to the board. Each member of the board shall be a citizen of the United States and shall have been a resident of this state for at least five years immediately preceding his appointment. Each member of the board shall be compensated in accordance with RCW 43.03.240 and, in addition thereto, shall be reimbursed for travel expenses incurred in carrying out the provisions of this chapter in accordance with RCW 43.03.050 and 43.03.060. The governor may remove any member of the board for misconduct, incompetency, or neglect of duty. Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the governor as hereinabove provided. [1986 c 102 § 1; 1984 c 287 § 35; 1975-’76 2nd ex.s. c 34 § 37; 1947 c 283 § 3; Rem. Supp. 1947 § 8306-23.] 18.43.030 Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. 18.43.033 Pro tem board members—Limits—Duties. Upon request of the board, and with approval of the director, the board chair shall appoint up to two individuals to serve as pro tem members of the board. The appointments are limited, as defined by the board chair, for the purpose of participating as a temporary member of the board on any combination of 18.43.033 [Title 18 RCW—page 123] 18.43.035 Title 18 RCW: Businesses and Professions one or more committees or formal disciplinary hearing panels. An appointed individual must meet the same qualifications as a regular member of the board. While serving as a board member pro tem, an appointed person has all the powers, duties, and immunities of a regular member of the board and is entitled to the same compensation, including travel expenses, in accordance with RCW 18.43.030. A pro tem appointment may not last for more than one hundred eighty days unless approved by the director. [1997 c 247 § 1.] 18.43.035 Bylaws—Employees—Rules—Periodic reports and roster. The board may adopt and amend bylaws establishing its organization and method of operation, including but not limited to meetings, maintenance of books and records, publication of reports, code of ethics, and rosters, and adoption and use of a seal. Four members of the board shall constitute a quorum for the conduct of any business of the board. The board may employ such persons as are necessary to carry out its duties under this chapter. It may adopt rules reasonably necessary to administer the provisions of this chapter. The board shall submit to the governor such periodic reports as may be required. A roster, showing the names and places of business of all registered professional engineers and land surveyors may be published for distribution, upon request, to professional engineers and land surveyors registered under this chapter and to the public. [2002 c 86 § 224; 1997 c 247 § 2; 1986 c 102 § 2; 1977 c 75 § 10; 1961 c 142 § 1; 1959 c 297 § 1.] 18.43.035 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.43.040 Registration requirements. (1) The following will be considered as minimum evidence satisfactory to the board that the applicant is qualified for registration as a professional engineer, engineer-in-training, professional land surveyor, or land-surveyor-in-training, respectively: (a)(i) As a professional engineer: A specific record of eight years or more of experience in engineering work of a character satisfactory to the board and indicating that the applicant is competent to practice engineering; and successfully passing a written or oral examination, or both, in engineering as prescribed by the board. (ii) Graduation in an approved engineering curriculum of four years or more from a school or college approved by the board as of satisfactory standing shall be considered equivalent to four years of such required experience. The satisfactory completion of each year of such an approved engineering course without graduation shall be considered as equivalent to a year of such required experience. Graduation in a curriculum other than engineering from a school or college approved by the board shall be considered as equivalent to two years of such required experience. However, no applicant shall receive credit for more than four years of experience because of undergraduate educational qualifications. The board may, at its discretion, give credit as experience not in excess of one year, for satisfactory postgraduate study in engineering. (iii) Structural engineering is recognized as a specialized branch of professional engineering. To receive a certificate of registration in structural engineering, an applicant must 18.43.040 [Title 18 RCW—page 124] hold a current registration in this state in engineering and have at least two years of structural engineering experience, of a character satisfactory to the board, in addition to the eight years’ experience required for registration as a professional engineer. An applicant for registration as a structural engineer must also pass an additional examination as prescribed by the board. (iv) An engineer must be registered as a structural engineer in order to provide structural engineering services for significant structures. The board may waive the requirements of this subsection (1)(a)(iv) until December 31, 2010, if: (A) On January 1, 2007, the engineer is registered with the board as a professional engineer; and (B) Within two years of January 1, 2007, the engineer demonstrates to the satisfaction of the board that the engineer has sufficient experience in the duties typically provided by a professional structural engineer regarding significant structures. (b)(i) As an engineer-in-training: An applicant for registration as a professional engineer shall take the prescribed examination in two stages. The first stage of the examination may be taken upon submission of his or her application for registration as an engineer-in-training and payment of the application fee prescribed in RCW 18.43.050 at any time after the applicant has completed four years of the required engineering experience, as defined in this section, or has achieved senior standing in a school or college approved by the board. The first stage of the examination shall test the applicant’s knowledge of appropriate fundamentals of engineering subjects, including mathematics and the basic sciences. (ii) At any time after the completion of the required eight years of engineering experience, as defined in this section, the applicant may take the second stage of the examination upon submission of an application for registration and payment of the application fee prescribed in RCW 18.43.050. This stage of the examination shall test the applicant’s ability, upon the basis of his or her greater experience, to apply his or her knowledge and experience in the field of his or her specific training and qualifications. (c)(i) As a professional land surveyor: A specific record of eight years or more of experience in land surveying work of a character satisfactory to the board and indicating that the applicant is competent to practice land surveying, and successfully passing a written or oral examination, or both, in surveying as prescribed by the board. (ii) Graduation from a school or college approved by the board as of satisfactory standing, including the completion of an approved course in surveying, shall be considered equivalent to four years of the required experience. Postgraduate college courses approved by the board shall be considered for up to one additional year of the required experience. (d)(i) As a land-surveyor-in-training: An applicant for registration as a professional land surveyor shall take the prescribed examination in two stages. The first stage of the examination may be taken upon submission of his or her application for registration as a land-surveyor-in-training and payment of the application fee prescribed in RCW 18.43.050 at any time after the applicant has completed four years of the required land surveying experience, as defined in this section, or has achieved senior standing in a school or college (2008 Ed.) Engineers and Land Surveyors approved by the board. The first stage of the examination shall test the applicant’s knowledge of appropriate fundamentals of land surveying subjects, including mathematics and the basic sciences. (ii) At any time after the completion of the required eight years of land surveying experience, as defined in this section, the applicant may take the second stage of the examination upon submission of an application for registration and payment of the application fee prescribed in RCW 18.43.050. This stage of the examination shall test the applicant’s ability, upon the basis of greater experience, to apply knowledge and experience in the field of land surveying. (iii) The first stage shall be successfully completed before the second stage may be attempted. Applicants who have been approved by the board to take the examination based on the requirement for six years of experience under this section before July 1, 1996, are eligible to sit for the examination. (2) No person shall be eligible for registration as a professional engineer, engineer-in-training, professional land surveyor, or land-surveyor-in-training, who is not of good character and reputation. (3) Teaching, of a character satisfactory to the board shall be considered as experience not in excess of two years for the appropriate profession. (4) The mere execution, as a contractor, of work designed by a professional engineer, or the supervision of the construction of such work as a foreman or superintendent shall not be deemed to be practice of engineering. (5) Any person having the necessary qualifications prescribed in this chapter to entitle him or her to registration shall be eligible for such registration although the person may not be practicing his or her profession at the time of making his or her application. [2007 c 193 § 1; 2000 c 172 § 1; 1995 c 356 § 2; 1991 c 19 § 2; 1947 c 283 § 7; Rem. Supp. 1947 § 8306-24. Prior: 1935 c 167 § 2; RRS § 8306-2.] Effective date—2007 c 193: "This act takes effect July 1, 2008." [2007 c 193 § 3.] Effective date—1995 c 356: See note following RCW 18.43.020. 18.43.050 Application—Registration fees. Application for registration shall be on forms prescribed by the board and furnished by the director, shall contain statements made under oath, showing the applicant’s education and detail summary of his or her technical work and shall contain not less than five references, of whom three or more shall be engineers having personal knowledge of the applicant’s engineering experience. The registration fee for professional engineers shall be determined by the director as provided in RCW 43.24.086, which shall accompany the application and shall include the cost of examination and issuance of certificate. The fee for engineer-in-training shall be determined by the director as provided in RCW 43.24.086, which shall accompany the application and shall include the cost of examination and issuance of certificate. The registration fee for professional land surveyors shall be determined by the director as provided in RCW 43.24.086, which shall accompany the application and shall include the cost of examination and issuance of certificate. The fee for land-surveyor-in-training shall be determined by the director 18.43.050 (2008 Ed.) 18.43.070 as provided in RCW 43.24.086, which shall accompany the application and shall include the cost of examination and issuance of certificate. Should the board find an applicant ineligible for registration, the registration fee shall be retained as an application fee. [1995 c 356 § 3; 1991 c 19 § 3; 1985 c 7 § 42; 1975 1st ex.s. c 30 § 46; 1947 c 283 § 8; Rem. Supp. 1947 § 8306-25. Prior: 1935 c 167 § 6; RRS § 8306-6.] Effective date—1995 c 356: See note following RCW 18.43.020. 18.43.060 Examinations. When oral or written examinations are required, they shall be held at such time and place as the board shall determine. If examinations are required on fundamental engineering subjects (such as ordinarily given in college curricula) the applicant shall be permitted to take this part of the professional examination prior to his or her completion of the requisite years of experience in engineering work. The board shall issue to each applicant upon successfully passing the examination in fundamental engineering subjects a certificate stating that the applicant has passed the examination in fundamental engineering subjects and that his or her name has been recorded as an engineer-in-training. The scope of the examination and the methods of procedure shall be prescribed by the board with special reference to the applicant’s ability to design and supervise engineering works so as to insure the safety of life, health and property. Examinations shall be given for the purpose of determining the qualifications of applicants for registration separately in engineering and in land surveying. A candidate failing an examination may apply for reexamination. Subsequent examinations will be granted upon payment of a fee to be determined by the director as provided in RCW 43.24.086. [1991 c 19 § 4; 1961 c 142 § 2; 1947 c 283 § 9; Rem. Supp. 1947 § 8306-26. Prior: 1935 c 167 § 7; RRS § 8306-7.] 18.43.060 18.43.070 Certificates and seals. The director of licensing shall issue a certificate of registration upon payment of a registration fee as provided for in this chapter, to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this chapter. In case of a registered engineer, the certificate shall authorize the practice of "professional engineering" and specify the branch or branches in which specialized, and in case of a registered land surveyor, the certificate shall authorize the practice of "land surveying". In case of engineer-in-training, the certificate shall state that the applicant has successfully passed the examination in fundamental engineering subjects required by the board and has been enrolled as an "engineer-in-training". In case of land-surveyor-in-training, the certificate shall state that the applicant has successfully passed the examination in fundamental surveying subjects required by the board and has been enrolled as a "land-surveyor-in-training." All certificates of registration shall show the full name of the registrant, shall have a serial number, and shall be signed by the chairman and the secretary of the board and by the director of licensing. The issuance of a certificate of registration by the director of licensing shall be prima facie evidence that the person named therein is entitled to all the rights and privileges of a registered professional engineer or a registered land sur18.43.070 [Title 18 RCW—page 125] 18.43.075 Title 18 RCW: Businesses and Professions veyor, while the said certificate remains unrevoked and unexpired. Each registrant hereunder shall upon registration obtain a seal of the design authorized by the board, bearing the registrant’s name and the legend "registered professional engineer" or "registered land surveyor". Plans, specifications, plats and reports prepared by the registrant shall be signed, dated, and stamped with said seal or facsimile thereof. Such signature and stamping shall constitute a certification by the registrant that the same was prepared by or under his or her direct supervision and that to his or her knowledge and belief the same was prepared in accordance with the requirements of the statute. It shall be unlawful for anyone to stamp or seal any document with said seal or facsimile thereof after the certificate of registrant named thereon has expired or been revoked, unless said certificate shall have been renewed or reissued. [1995 c 356 § 4; 1991 c 19 § 5; 1959 c 297 § 4; 1947 c 283 § 10; Rem. Supp. 1947 § 8306-27. Prior: 1935 c 167 §§ 8, 13; RRS § 8306-8, 13.] Effective date—1995 c 356: See note following RCW 18.43.020. 18.43.075 Retired status certificate. The board may adopt rules under this section authorizing a retired status certificate. An individual certificated under this chapter who has reached the age of sixty-five years and has retired from the active practice of engineering and land surveying may, upon application and at the discretion of the board, be exempted from payment of annual renewal fees thereafter. [1995 c 356 § 5.] 1985 c 7 § 43; 1981 c 260 § 4. Prior: 1975 1st ex.s. c 30 § 47; 1975 c 23 § 1; 1965 ex.s. c 126 § 1; 1961 c 142 § 3; 1959 c 297 § 5; 1947 c 283 § 11; Rem. Supp. 1947 § 8306-28; prior: 1935 c 167 § 10; RRS § 8306-10.] 18.43.100 Registration of out-of-state applicants. The board may, upon application and the payment of a fee determined by the director as provided in RCW 43.24.086, issue a certificate without further examination as a professional engineer or land surveyor to any person who holds a certificate of qualification of registration issued to the applicant following examination by proper authority, of any state or territory or possession of the United States, the District of Columbia, or of any foreign country, provided: (1) That the applicant’s qualifications meet the requirements of the chapter and the rules established by the board, and (2) that the applicant is in good standing with the licensing agency in said state, territory, possession, district, or foreign country. [1991 c 19 § 7; 1985 c 7 § 44; 1975 1st ex.s. c 30 § 48; 1959 c 297 § 6; 1947 c 283 § 13; Rem. Supp. 1947 § 8306-30. Prior: 1935 c 167 § 5; RRS § 8306-5.] 18.43.100 18.43.075 Effective date—1995 c 356: See note following RCW 18.43.020. 18.43.080 Expiration and renewals of certificates— Fees—Continuing professional development. (1) Certificates of registration, and certificates of authorization and renewals thereof, shall expire on the last day of the month of December following their issuance or renewal and shall become invalid on that date unless renewed. It shall be the duty of the administrator of the division of professional licensing to notify every person, firm, or corporation registered under this chapter of the date of the expiration of his or her certificate and the amount of the renewal fee that shall be required for its renewal for one year. Such notice shall be mailed at least thirty days before the end of December of each year. Renewal may be effected during the month of December by the payment of a fee determined by the director as provided in RCW 43.24.086. In case any professional engineer and/or land surveyor registered under this chapter shall fail to pay the renewal fee hereinabove provided for, within ninety days from the date when the same shall become due, the renewal fee shall be the current fee plus an amount equal to one year’s fee. (2) Beginning July 1, 2007, the department of licensing may not renew a certificate of registration for a land surveyor unless the registrant verifies to the board that he or she has completed at least fifteen hours of continuing professional development per year of the registration period. By July 1, 2006, the board shall adopt rules governing continuing professional development for land surveyors that are generally patterned after the model rules of the national council of examiners for engineering and surveying. [2005 c 29 § 1; 18.43.080 [Title 18 RCW—page 126] 18.43.105 Disciplinary action—Prohibited conduct, acts, conditions. In addition to the unprofessional conduct described in RCW 18.235.130, the board may take disciplinary action for the following conduct, acts, or conditions: (1) Offering to pay, paying or accepting, either directly or indirectly, any substantial gift, bribe, or other consideration to influence the award of professional work; (2) Being willfully untruthful or deceptive in any professional report, statement or testimony; (3) Attempting to injure falsely or maliciously, directly or indirectly, the professional reputation, prospects or business of anyone; (4) Failure to state separately or to charge separately for professional engineering services or land surveying where other services or work are also being performed in connection with the engineering services; (5) Violation of any provisions of this chapter; (6) Conflict of interest—Having a financial interest in bidding for or performance of a contract to supply labor or materials for or to construct a project for which employed or retained as an engineer except with the consent of the client or employer after disclosure of such facts; or allowing an interest in any business to affect a decision regarding engineering work for which retained, employed, or called upon to perform; (7) Nondisclosure—Failure to promptly disclose to a client or employer any interest in a business which may compete with or affect the business of the client or employer; (8) Unfair competition—Reducing a fee quoted for prospective employment or retainer as an engineer after being informed of the fee quoted by another engineer for the same employment or retainer; (9) Improper advertising—Soliciting retainer or employment by advertisement which is undignified, self-laudatory, false or misleading, or which makes or invites comparison between the advertiser and other engineers; (10) Committing any other act, or failing to act, which act or failure are customarily regarded as being contrary to 18.43.105 (2008 Ed.) Engineers and Land Surveyors the accepted professional conduct or standard generally expected of those practicing professional engineering or land surveying. [2002 c 86 § 225; 1961 c 142 § 4; 1959 c 297 § 2.] Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.43.110 Discipline of registrant—Board’s power— Unprofessional conduct—Reissuance of certificate of registration. The board shall have the exclusive power to discipline the registrant and sanction the certificate of registration of any registrant. Any person may file a complaint alleging unprofessional conduct, as set out in RCW 18.235.130 and 18.43.105, against any registrant. The complaint shall be in writing and shall be sworn to in writing by the person making the allegation. A registrant against whom a complaint was made must be immediately informed of such complaint by the board. The board, for reasons it deems sufficient, may reissue a certificate of registration to any person whose certificate has been revoked or suspended, providing a majority of the board vote in favor of such issuance. A new certificate of registration to replace any certificate revoked, lost, destroyed, or mutilated may be issued, subject to the rules of the board, and a charge determined by the director as provided in RCW 43.24.086 shall be made for such issuance. In addition to the imposition of disciplinary action under RCW 18.235.110, the board may refer violations of this chapter to the appropriate prosecuting attorney for charges under RCW 18.43.120. [2002 c 86 § 226; 1997 c 247 § 3; 1989 c 175 § 62; 1986 c 102 § 3; 1985 c 7 § 45; 1982 c 37 § 1; 1975 1st ex.s. c 30 § 49; 1947 c 283 § 14; Rem. Supp. 1947 § 8306-31. Prior: 1935 c 167 § 11; RRS § 8306-11.] 18.43.110 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. Effective date—1989 c 175: See note following RCW 34.05.010. 18.43.120 Violations and penalties. Any person who shall practice, or offer to practice, engineering or land surveying in this state without being registered in accordance with the provisions of the chapter, or any person presenting or attempting to use as his own the certificate of registration or the seal of another, or any person who shall give any false or forged evidence of any kind to the board or to any member thereof in obtaining a certificate of registration, or any person who shall falsely impersonate any other registrant, or any person who shall attempt to use the expired or revoked certificate of registration, or any person who shall violate any of the provisions of this chapter shall be guilty of a gross misdemeanor. It shall be the duty of all officers of the state or any political subdivision thereof, to enforce the provisions of this chapter. The attorney general shall act as legal adviser of the board, and render such legal assistance as may be necessary in carrying out the provisions of this chapter. [1986 c 102 § 4; 1947 c 283 § 15; Rem. Supp. 1947 § 8306-32. Prior: 1935 c 167 § 14; RRS § 8306-14.] 18.43.120 Forgery: RCW 9A.60.020. (2008 Ed.) 18.43.130 18.43.130 Excepted services—Fees. This chapter shall not be construed to prevent or affect: (1) The practice of any other legally recognized profession or trade; or (2) The practice of a person not a resident and having no established place of business in this state, practicing or offering to practice herein the profession of engineering or land surveying, when such practice does not exceed in the aggregate more than thirty days in any calendar year: PROVIDED, Such person has been determined by the board to be legally qualified by registration to practice the said profession in his or her own state or country in which the requirements and qualifications for obtaining a certificate of registration are not lower than those specified in this chapter. The person shall request such a determination by completing an application prescribed by the board and accompanied by a fee determined by the director. Upon approval of the application, the board shall issue a permit authorizing temporary practice; or (3) The practice of a person not a resident and having no established place of business in this state, or who has recently become a resident thereof, practicing or offering to practice herein for more than thirty days in any calendar year the profession of engineering or land surveying, if he or she shall have filed with the board an application for a certificate of registration and shall have paid the fee required by this chapter: PROVIDED, That such person is legally qualified by registration to practice engineering or land surveying in his or her own state or country in which the requirements and qualifications of obtaining a certificate of registration are not lower than those specified in this chapter. Such practice shall continue only for such time as the board requires for the consideration of the application for registration; or (4) The work of an employee or a subordinate of a person holding a certificate of registration under this chapter, or an employee of a person practicing lawfully under provisions of this section: PROVIDED, That such work does not include final design or decisions and is done under the direct responsibility, checking, and supervision of a person holding a certificate of registration under this chapter or a person practicing lawfully under the provisions of this section; or (5) The work of a person rendering engineering or land surveying services to a corporation, as an employee of such corporation, when such services are rendered in carrying on the general business of the corporation and such general business does not consist, either wholly or in part, of the rendering of engineering services to the general public: PROVIDED, That such corporation employs at least one person holding a certificate of registration under this chapter or practicing lawfully under the provisions of this chapter; or (6) The practice of officers or employees of the government of the United States while engaged within the state in the practice of the profession of engineering or land surveying for the government of the United States; or (7) Nonresident engineers employed for the purpose of making engineering examinations; or (8) The practice of engineering or land surveying, or both, in this state by a corporation or joint stock association: PROVIDED, That (a) The corporation has filed with the board an application for certificate of authorization upon a form to be pre18.43.130 [Title 18 RCW—page 127] 18.43.130 Title 18 RCW: Businesses and Professions scribed by the board and containing information required to enable the board to determine whether such corporation is qualified in accordance with this chapter to practice engineering or land surveying, or both, in this state; (b) For engineering, the corporation has filed with the board a certified copy of a resolution of the board of directors of the corporation that shall designate a person holding a certificate of registration under this chapter as responsible for the practice of engineering by the corporation in this state and shall provide that full authority to make all final engineering decisions on behalf of the corporation with respect to work performed by the corporation in this state shall be granted and delegated by the board of directors to the person so designated in the resolution. For land surveying, the corporation has filed with the board a certified copy of a resolution of the board of directors of the corporation which shall designate a person holding a certificate of registration under this chapter as responsible for the practice of land surveying by the corporation in this state and shall provide full authority to make all final land surveying decisions on behalf of the corporation with respect to work performed by the corporation in this state be granted and delegated by the board of directors to the person so designated in the resolution. If a corporation offers both engineering and land surveying services, the board of directors shall designate both a licensed engineer and a licensed land surveyor. If a person is licensed in both engineering and land surveying, the person may be designated for both professions. The resolution shall further state that the bylaws of the corporation shall be amended to include the following provision: "The designated engineer or land surveyor, respectively, named in the resolution as being in responsible charge, or an engineer or land surveyor under the designated engineer or land surveyor’s direct supervision, shall make all engineering or land surveying decisions pertaining to engineering or land surveying activities in the state of Washington." However, the filing of the resolution shall not relieve the corporation of any responsibility or liability imposed upon it by law or by contract; (c) If there is a change in the designated engineer or designated land surveyor, the corporation shall notify the board in writing within thirty days after the effective date of the change. If the corporation changes its name, the corporation shall submit a copy of its amended certificate of authority or amended certificate of incorporation as filed with the secretary of state within thirty days of the filing; (d) Upon the filing with the board the application for certificate for authorization, certified copy of resolution and an affidavit, the designation of a designated engineer or designated land surveyor, or both, specified in (b) of this subsection, a certificate of incorporation or certificate of authorization as filed with the secretary of state, and a copy of the corporation’s current Washington business license, the board shall issue to the corporation a certificate of authorization to practice engineering or land surveying, or both, in this state upon a determination by the board that: (i) The designated engineer or designated land surveyor, or both, hold a certificate of registration in this state in accordance with this chapter and the certificate is in force; (ii) The designated engineer or designated land surveyor, or both, are not designated in responsible charge for another corporation or a limited liability company; and [Title 18 RCW—page 128] (iii) The corporation is licensed with the secretary of state and holds a current unified business identification number and the board determines, based on evaluating the findings and information in this section, that the applicant corporation possesses the ability and competence to furnish engineering or land surveying services, or both, in the public interest. The board may exercise its discretion to take any of the actions under RCW 18.235.110 with respect to a certificate of authorization issued to a corporation if the board finds that any of the officers, directors, incorporators, or the stockholders holding a majority of stock of such corporation has engaged in unprofessional conduct as defined in RCW 18.43.105 or 18.235.130 or has been found personally responsible for unprofessional conduct under (f) and (g) of this subsection. (e) Engineers or land surveyors organized as a professional service corporation under chapter 18.100 RCW are exempt from applying for a certificate of authorization under this chapter. (f) Any corporation authorized to practice engineering under this chapter, together with its directors and officers for their own individual acts, are responsible to the same degree as an individual registered engineer, and must conduct its business without unprofessional conduct in the practice of engineering as defined in this chapter and RCW 18.235.130. (g) Any corporation that is certified under this chapter is subject to the authority of the board as provided in RCW 18.43.035, 18.43.105, 18.43.110, 18.43.120, and chapter 18.235 RCW. (h) All plans, specifications, designs, and reports when issued in connection with work performed by a corporation under its certificate of authorization shall be prepared by or under the direct supervision of and shall be signed by and shall be stamped with the official seal of a person holding a certificate of registration under this chapter. (i) For each certificate of authorization issued under this subsection (8) there shall be paid an initial fee determined by the director as provided in RCW 43.24.086 and an annual renewal fee determined by the director as provided in RCW 43.24.086. (9) The practice of engineering and/or land surveying in this state by a partnership if the partnership employs at least one person holding a valid certificate of registration under this chapter to practice engineering or land surveying, or both. The board shall not issue certificates of authorization to partnerships after July 1, 1998. Partnerships currently registered with the board are not required to pay an annual renewal fee after July 1, 1998. (10) The practice of engineering or land surveying, or both, in this state by limited liability companies: Provided, That (a) The limited liability company has filed with the board an application for certificate of authorization upon a form to be prescribed by the board and containing information required to enable the board to determine whether the limited liability company is qualified under this chapter to practice either or both engineering or land surveying in this state. (b) The limited liability company has filed with the board a certified copy of a resolution by the company manager or managers that shall designate a person holding a cer(2008 Ed.) Engineers and Land Surveyors tificate of registration under this chapter as being responsible for the practice of engineering or land surveying, or both, by the limited liability company in this state and that the designated person has full authority to make all final engineering or land surveying decisions on behalf of the limited liability company with respect to work performed by the limited liability company in this state. The resolution shall further state that the limited liability company agreement shall be amended to include the following provision: "The designated engineer or land surveyor, respectively, named in the resolution as being in responsible charge, or an engineer or land surveyor under the designated engineer or land surveyor’s direct supervision, shall make all engineering or land surveying decisions pertaining to engineering or land surveying activities in the state of Washington." However, the filing of the resolution shall not relieve the limited liability company of responsibility or liability imposed upon it by law or by contract. (c) The designated engineer for the limited liability company must hold a current professional engineer license issued by this state. The designated land surveyor for the limited liability company must hold a current professional land surveyor license issued by this state. If a person is licensed as both a professional engineer and as a professional land surveyor in this state, then the limited liability company may designate the person as being in responsible charge for both professions. If there is a change in the designated engineer or designated land surveyor, the limited liability company shall notify the board in writing within thirty days after the effective date of the change. If the limited liability company changes its name, the company shall submit to the board a copy of the certificate of amendment filed with the secretary of state’s office. (d) Upon the filing with the board the application for certificate of authorization, a certified copy of the resolution, an affidavit from the designated engineer or the designated land surveyor, or both, specified in (b) and (c) of this subsection, a copy of the certificate of formation as filed with the secretary of state, and a copy of the company’s current business license, the board shall issue to the limited liability company a certificate of authorization to practice engineering or land surveying, or both, in this state upon determination by the board that: (i) The designated engineer or designated land surveyor, or both, hold a certificate of registration in this state under this chapter and the certificate is in force; (ii) The designated engineer or designated land surveyor, or both, are not designated in responsible charge for another limited liability company or a corporation; (iii) The limited liability company is licensed with the secretary of state and has a current unified business identification number and that the board determines, based on evaluating the findings and information under this subsection, that the applicant limited liability company possesses the ability and competence to furnish either or both engineering or land surveying services in the public interest. The board may exercise its discretion to take any of the actions under RCW 18.235.110 with respect to a certificate of authorization issued to a limited liability company if the (2008 Ed.) 18.43.160 board finds that any of the managers or members holding a majority interest in the limited liability company has engaged in unprofessional conduct as defined in RCW 18.43.105 or 18.235.130 or has been found personally responsible for unprofessional conduct under the provisions of (f) and (g) of this subsection. (e) Engineers or land surveyors organized as a professional limited liability company are exempt from applying for a certificate of authorization under this chapter. (f) Any limited liability company authorized to practice engineering or land surveying, or both, under this chapter, together with its manager or managers and members for their own individual acts, are responsible to the same degree as an individual registered engineer or registered land surveyor, and must conduct their business without unprofessional conduct in the practice of engineering or land surveying, or both. (g) A limited liability company that is certified under this chapter is subject to the authority of the board as provided in RCW 18.43.035, 18.43.105, 18.43.110, 18.43.120, and chapter 18.235 RCW. (h) All plans, specifications, designs, and reports when issued in connection with work performed by a limited liability company under its certificate of authorization shall be prepared by or under the direct supervision of and shall be signed by and shall be stamped with the official seal of a person holding a certificate of registration under this chapter. (i) For each certificate of authorization issued under this subsection (10) there shall be paid an initial fee determined by the director as provided in RCW 43.24.086 and an annual renewal fee determined by the director as provided in RCW 43.24.086. [2002 c 86 § 227; 1997 c 247 § 4; 1991 c 19 § 6; 1985 c 7 § 46; 1975 1st ex.s. c 30 § 50; 1965 ex.s. c 126 § 2; 1961 c 142 § 5; 1959 c 297 § 7; 1947 c 283 § 16; Rem. Supp. 1947 § 8306-33. Prior: 1935 c 167 § 2; RRS § 8306-2.] Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. Effective date—1997 c 247 § 4: "Section 4 of this act takes effect July 1, 1998." [1997 c 247 § 5.] 18.43.150 Disposition of fees. All fees collected under the provisions of RCW 18.43.050, 18.43.060, 18.43.080, 18.43.100, and 18.43.130 and fines collected under RCW 18.43.110 shall be paid into the professional engineers’ account, which account is hereby established in the state treasury to be used to carry out the purposes and provisions of RCW 18.43.050, 18.43.060, 18.43.080, 18.43.100, 18.43.110, 18.43.120, 18.43.130, *18.43.140 and all other duties required for operation and enforcement of this chapter. [1991 c 277 § 2; 1985 c 57 § 5; 1965 ex.s. c 126 § 3.] 18.43.150 *Reviser’s note: RCW 18.43.140 was repealed by 2002 c 86 § 401, effective January 1, 2003. Effective date—1991 c 277: See note following RCW 18.85.061. Effective date—1985 c 57: See note following RCW 18.04.105. 18.43.160 Certificate of registration or license suspension—Nonpayment or default on educational loan or scholarship. The board shall suspend the certificate of registration or license of any person who has been certified by a lending agency and reported to the board for nonpayment or default on a federally or state-guaranteed educational loan or 18.43.160 [Title 18 RCW—page 129] 18.43.170 Title 18 RCW: Businesses and Professions service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person’s certificate of registration or license shall not be reissued until the person provides the board a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for registration or licensure during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the board may impose. [1996 c 293 § 10.] invalid, such adjudication shall not invalidate any other provision or provisions thereof. [1959 c 297 § 8.] 18.43.930 Severability—1961 c 142. If any section of this act or part thereof shall be adjudged unconstitutional or invalid, such adjudication shall not invalidate any other provision or provisions thereof. [1961 c 142 § 6.] 18.43.930 Chapter 18.44 RCW ESCROW AGENT REGISTRATION ACT Chapter 18.44 Sections DEFINITIONS 18.44.011 Definitions. 18.44.021 18.44.031 18.44.041 18.44.051 18.44.061 License required—Exceptions. License—Application, requisites. Branch offices—Application to establish—Requirements. Branch offices—Issuance of license. Change in business location, office location, business name— Written notice required. Escrow officer required for handling transactions—Responsibility of supervising escrow agent. Escrow officer’s license—Application—Form—Timely filing—Proof of moral character, etc. License—Fees—Renewal. License—Retention and display by agent—Termination— Inactive licenses. Licenses—Form and size—Contents. Fees. Certificate of registration suspension—Noncompliance with support order—Reissuance. License application—Issuance. License—Duration—Posting. License—Expiration and renewal—Fee. License—Reinstatement. Engaging in business without license—Penalty. Proof of licensure prerequisite to action for fee. Director—Educational conferences—Examinations. Examination—Content. LICENSING Severability—1996 c 293: See note following RCW 18.04.420. 18.43.170 Registration suspension—Noncompliance with support order—Reissuance. The board shall immediately suspend the registration of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for membership during the suspension, reissuance of the certificate of registration shall be automatic upon the board’s receipt of a release issued by the department of social and health services stating that the person is in compliance with the order. [1997 c 58 § 821.] 18.43.170 *Reviser’s note: 1997 c 58 § 887 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. 18.44.071 18.44.081 18.44.091 18.44.101 18.44.111 18.44.121 18.44.127 18.44.131 18.44.141 18.44.151 18.44.161 18.44.171 18.44.181 18.44.191 18.44.195 BONDING 18.44.201 18.44.241 18.44.251 18.44.261 18.44.270 18.44.271 18.44.281 18.44.291 Financial responsibility—Fidelity bond—Errors and omissions policy—Surety bond. Cancellation of fidelity bond or surety bond, or both—New bond required. Waiver of bond or policy where not reasonably available— Determination procedure—Waiver period. Corporation for insuring where bond or policy not reasonably available. Waiver of errors and omissions policy requirement—Criteria. Waiver—Affidavit. Waiver—Determination. Application of Administrative Procedure Act. Waiver—Certificate of waiver. Waiver—Denial. Waiver—Application by escrow license applicant. 18.44.301 18.44.305 Prohibited practices. Financial interest in an escrow agent—Prohibited practices. 18.44.400 Records and accounts—Segregation and disbursements of funds—Violation of section, penalties. Powers of director. Investigation of violations—Procedure—Powers of director. Actions against license—Grounds. Violations—Cease and desist orders. Referral fees prohibited—Consumer protection act—Application. License suspension—Nonpayment or default on educational loan or scholarship. Termination of license—Effect upon preexisting escrows— Notice to principals. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 18.44.211 18.43.180 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 228.] 18.44.231 18.43.180 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.43.900 Short title. This chapter shall be known and may be cited as the "Professional Engineers’ Registration Act". [1947 c 283 § 19.] 18.43.900 18.43.910 Severability—1947 c 283. If any section of this chapter shall be declared unconstitutional or invalid, such adjudication shall not invalidate any other provision or provisions thereof. [1947 c 283 § 17.] 18.43.910 18.44.221 PROHIBITED PRACTICES ENFORCEMENT 18.44.410 18.44.420 18.44.430 18.44.440 18.44.450 18.44.460 18.43.920 Severability—1959 c 297. If any section of this act or part thereof shall be declared unconstitutional or 18.43.920 [Title 18 RCW—page 130] 18.44.465 (2008 Ed.) Escrow Agent Registration Act 18.44.470 18.44.480 18.44.490 Receivership. Remedies—Affecting corporate franchise. Authority to prosecute—Grants of injunctive relief, temporary restraining orders. 18.44.500 Escrow commission—Members—Terms—Compensation and travel expenses. Compensation and travel expenses of commission members. ESCROW COMMISSION 18.44.510 MISCELLANEOUS 18.44.901 18.44.902 18.44.903 18.44.904 18.44.905 Construction—1965 c 153. Short title. Severability—1971 ex.s. c 245. Severability—1977 ex.s. c 156. Severability—1979 c 70. DEFINITIONS 18.44.011 Definitions. Unless a different meaning is apparent from the context, terms used in this chapter shall have the following meanings: (1) "Department" means the department of financial institutions. (2) "Director" means the director of financial institutions, or his or her duly authorized representative. (3) "Director of licensing" means the director of the department of licensing, or his or her duly authorized representative. (4) "Escrow" means any transaction, except the acts of a qualified intermediary in facilitating an exchange under section 1031 of the internal revenue code, wherein any person or persons, for the purpose of effecting and closing the sale, purchase, exchange, transfer, encumbrance, or lease of real or personal property to another person or persons, delivers any written instrument, money, evidence of title to real or personal property, or other thing of value to a third person to be held by such third person until the happening of a specified event or the performance of a prescribed condition or conditions, when it is then to be delivered by such third person, in compliance with instructions under which he or she is to act, to a grantee, grantor, promisee, promisor, obligee, obligor, lessee, lessor, bailee, bailor, or any agent or employee thereof. (5) "Split escrow" means a transaction in which two or more escrow agents act to effect and close an escrow transaction. (6) "Escrow agent" means any person engaged in the business of performing for compensation the duties of the third person referred to in subsection (4) of this section. (7) "Licensed escrow agent" means any sole proprietorship, firm, association, partnership, or corporation holding a license as an escrow agent under the provisions of this chapter. (8) "Person" means a natural person, firm, association, partnership, corporation, limited liability company, or the plural thereof, whether resident, nonresident, citizen, or not. (9) "Licensed escrow officer" means any natural person handling escrow transactions and licensed as such by the director. (10) "Designated escrow officer" means any licensed escrow officer designated by a licensed escrow agent and approved by the director as the licensed escrow officer responsible for supervising that agent’s handling of escrow transactions, management of the agent’s trust account, and 18.44.011 (2008 Ed.) 18.44.031 supervision of all other licensed escrow officers employed by the agent. (11) "Escrow commission" means the escrow commission of the state of Washington created by RCW 18.44.500. (12) "Controlling person" is any person who owns or controls ten percent or more of the beneficial ownership of any escrow agent, regardless of the form of business organization employed and regardless of whether such interest stands in such person’s true name or in the name of a nominee. [1999 c 30 § 1; 1995 c 238 § 1; 1985 c 7 § 47; 1979 c 158 § 42; 1977 ex.s. c 156 § 1; 1971 ex.s. c 245 § 1; 1965 c 153 § 1. Formerly RCW 18.44.010.] Effective date—1995 c 238: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995." [1995 c 238 § 10.] LICENSING 18.44.021 License required—Exceptions. It shall be unlawful for any person to engage in business as an escrow agent by performing escrows or any of the functions of an escrow agent as described in RCW 18.44.011(4) within this state or with respect to transactions that involve personal property or real property located in this state unless such person possesses a valid license issued by the director pursuant to this chapter. The licensing requirements of this chapter shall not apply to: (1) Any person doing business under the law of this state or the United States relating to banks, trust companies, mutual savings banks, savings and loan associations, credit unions, insurance companies, or any federally approved agency or lending institution under the national housing act (12 U.S.C. Sec. 1703). (2) Any person licensed to practice law in this state while engaged in the performance of his or her professional duties. (3) Any real estate company, broker, or agent subject to the jurisdiction of the director of licensing while performing acts in the course of or incidental to sales or purchases of real or personal property handled or negotiated by such real estate company, broker, or agent: PROVIDED, That no compensation is received for escrow services. (4) Any transaction in which money or other property is paid to, deposited with, or transferred to a joint control agent for disbursal or use in payment of the cost of labor, material, services, permits, fees, or other items of expense incurred in the construction of improvements upon real property. (5) Any receiver, trustee in bankruptcy, executor, administrator, guardian, or other person acting under the supervision or order of any superior court of this state or of any federal court. (6) Title insurance companies having a valid certificate of authority issued by the insurance commissioner of this state and title insurance agents having a valid license as a title insurance agent issued by the insurance commissioner of this state. [1999 c 30 § 2; 1977 ex.s. c 156 § 2; 1971 ex.s. c 245 § 2; 1967 ex.s. c 76 § 1; 1965 c 153 § 2. Formerly RCW 18.44.020.] 18.44.021 18.44.031 License—Application, requisites. An application for an escrow agent license shall be in writing in 18.44.031 [Title 18 RCW—page 131] 18.44.041 Title 18 RCW: Businesses and Professions such form as is prescribed by the director, and shall be verified on oath by the applicant. An application for an escrow agent license shall include fingerprints for all officers, directors, owners, partners, and controlling persons, and, unless waived by the director, the following: (1) The applicant’s form of business organization and place of organization; (2) If the applicant is a corporation or limited liability company, the address of its physical location, a list of officers, controlling persons, and directors of such corporation or company and their residential addresses, telephone numbers, and other identifying information as the director may determine by rule. If the applicant is a sole proprietorship or partnership, the address of its business location, a list of owners, partners, or controlling persons and their residential addresses, telephone numbers, and other identifying information as the director may determine by rule. Any information in the application regarding the personal residential address or telephone number of any officer, director, partner, owner, controlling person, or employee is exempt from the public records disclosure requirements of chapter 42.56 RCW; (3) In the event the applicant is doing business under an assumed name, a copy of the master business license with the registered trade name shown; (4) The qualifications and business history of the applicant and all of its officers, directors, owners, partners, and controlling persons; (5) A personal credit report from a recognized credit reporting bureau satisfactory to the director on all officers, directors, owners, partners, and controlling persons of the applicant; (6) Whether any of the officers, directors, owners, partners, or controlling persons have been convicted of any crime within the preceding ten years which relates directly to the business or duties of escrow agents, or have suffered a judgment within the preceding five years in any civil action involving fraud, misrepresentation, any unfair or deceptive act or practice, or conversion; (7) The identity of the licensed escrow officer designated by the escrow agent as the designated escrow officer responsible for supervising the agent’s escrow activity; (8) Evidence of compliance with the bonding and insurance requirements of RCW 18.44.201; and (9) Any other information the director may require by rule. The director may share any information contained within a license application, including fingerprints, with the federal bureau of investigation and other regulatory or law enforcement agencies. [2005 c 274 § 224; 1999 c 30 § 3; 1977 ex.s. c 156 § 3; 1965 c 153 § 3. Formerly RCW 18.44.030.] Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. 18.44.041 Branch offices—Application to establish— Requirements. (1) A licensed escrow agent shall not operate an escrow business in a location other than the location set forth on the agent’s license or branch office license issued by the director. The licensed escrow agent may apply to the director for authority to establish one or more branch offices under the same name as the main office. 18.44.041 [Title 18 RCW—page 132] (2) Each branch office operated by a licensed escrow agent shall be supervised by a licensed escrow officer designated by the licensed escrow agent as the designated branch escrow officer for that branch. (3) Any person desiring to operate a branch escrow office shall make application on a form provided by the director and pay a fee as set forth in rule by the director. Such application shall identify the licensed escrow officer designated as the designated branch escrow officer to supervise the agent’s escrow activity at the branch office. (4) No escrow agent branch office license shall be issued until the applicant has satisfied the director that the escrow activity of the branch meets all financial responsibility requirements governing the conduct of escrow activity. [1999 c 30 § 28; 1977 ex.s. c 156 § 26. Formerly RCW 18.44.330.] 18.44.051 18.44.051 Branch offices—Issuance of license. Upon the filing of the application for an escrow agent branch office and satisfying the requirements of this chapter, the director shall issue and deliver to the applicant a license to engage in the business of an escrow agent at the branch location set forth on the license. [1999 c 30 § 29; 1977 ex.s. c 156 § 27. Formerly RCW 18.44.340.] 18.44.061 18.44.061 Change in business location, office location, business name—Written notice required. A licensed escrow agent shall provide notice in writing to the director and to the insurer providing coverage under RCW 18.44.201 of any change of business location, branch office location, or business name. Such notice shall be given in a form prescribed by the director and shall be delivered at least ten business days prior to the change in business location or name. Upon the surrender of the original license for the agent or the applicable branch office and a payment of a fee, the director shall issue a new license for the new location. [1999 c 30 § 7; 1977 ex.s. c 156 § 19. Formerly RCW 18.44.067.] 18.44.071 18.44.071 Escrow officer required for handling transactions—Responsibility of supervising escrow agent. Every licensed escrow agent shall ensure that all escrow transactions are supervised by a licensed escrow officer. In the case of a partnership, the designated escrow officer shall be a partner in the partnership and shall act on behalf of the partnership. In the case of a corporation, the designated escrow officer shall be an officer of the corporation and shall act on behalf of the corporation. The designated escrow officer shall be responsible for that agent’s handling of escrow transactions, management of the agent’s trust account, and supervision of all other licensed escrow officers employed by the agent. Responsibility for the conduct of any licensed escrow officer covered by this chapter shall rest with the designated escrow officer or designated branch escrow officer having direct supervision of such person’s escrow activities. The branch designated escrow officer shall bear responsibility for supervision of all other licensed escrow officers or other persons performing escrow transactions at a branch escrow office. [1999 c 30 § 21; 1977 ex.s. c 156 § 11; 1971 ex.s. c 245 § 7. Formerly RCW 18.44.200.] (2008 Ed.) Escrow Agent Registration Act 18.44.081 Escrow officer’s license—Application— Form—Timely filing—Proof of moral character, etc. Any person desiring to be a licensed escrow officer shall meet the requirements of RCW 18.44.195 as provided in this chapter. The applicant shall make application endorsed by a licensed escrow agent to the director on a form to be prescribed and furnished by the director. Such application must be received by the director within one year of passing the escrow officer examination. With this application the applicant shall: (1) Pay a license fee as set forth by rule; and (2) Furnish such proof as the director may require concerning his or her honesty, truthfulness, good reputation, and identity, including but not limited to fingerprints, residential address and telephone number, qualifications and employment history, a personal credit report, and any other information required under RCW 18.44.031. [1999 c 30 § 24; 1995 c 238 § 4; 1977 ex.s. c 156 § 22. Formerly RCW 18.44.290.] 18.44.081 Effective date—1995 c 238: See note following RCW 18.44.011. 18.44.091 License—Fees—Renewal. Every escrow officer license issued under the provisions of this chapter expires on the date one year from the date of issue which date will henceforth be the renewal date. An annual license renewal fee in the same amount must be paid on or before each renewal date: PROVIDED, That licenses issued or renewed prior to September 21, 1977, shall use the existing renewal date as the date of issue. If the application for a license renewal is not received by the director on or before the renewal date such license is expired. The license may be reinstated at any time prior to the next succeeding renewal date following its expiration upon the payment to the director of the annual renewal fee then in default. Acceptance by the director of an application for renewal after the renewal date shall not be a waiver of the delinquency. Licenses not renewed within one year of the renewal date then in default shall be canceled. A new license may be obtained by satisfying the procedures and qualifications for initial licensing, including where applicable successful completion of examinations. [1999 c 30 § 25; 1985 c 340 § 5; 1977 ex.s. c 156 § 23. Formerly RCW 18.44.300.] 18.44.091 18.44.101 License—Retention and display by agent—Termination—Inactive licenses. The license of a licensed escrow officer shall be retained and displayed at all times by the licensed escrow agent. When the officer ceases for any reason to represent the agent, the license shall cease to be in force. Within three business days of termination of the licensed escrow officer’s employment, the licensed escrow agent shall notify the director that the terminated escrow officer no longer represents the escrow agent. Within ten business days of termination of the licensed escrow officer’s employment, the licensed escrow agent shall deliver the surrendered escrow officer license to the director. Failure to notify the director within three business days or deliver the surrendered license to the director within ten business days shall, at the discretion of the director, subject the escrow agent to penalties under RCW 18.44.430. The director may hold the licensed escrow officer’s license inactive upon notification of termination by the escrow agent or designated escrow officer. The licensed escrow officer shall pay the renewal fee annually to maintain 18.44.101 (2008 Ed.) 18.44.121 an inactive license. An inactive license may be activated upon application of a licensed escrow agent on a form provided by the director and the payment of a fee. If the licensed escrow officer continues to meet the requirements of licensing in RCW 18.44.081, the director shall thereupon issue a new license for the unexpired term of the licensed escrow officer. An escrow officer’s first license shall not be issued inactive. [1999 c 30 § 26; 1989 c 51 § 1; 1985 c 340 § 6; 1977 ex.s. c 156 § 24. Formerly RCW 18.44.310.] 18.44.111 Licenses—Form and size—Contents. Each escrow agent license, each escrow agent branch office license, and each escrow officer license shall be issued in the form and size prescribed by the director and shall state in addition to any other matter required by the director: (1) The name of the licensee; (2) The name under which the applicant will do business; (3) The address at which the applicant will do business; (4) The expiration date of the license; and (5) In the case of a corporation, partnership, or branch office, the name of the designated escrow officer or designated branch escrow officer. [1999 c 30 § 30; 1977 ex.s. c 156 § 28. Formerly RCW 18.44.350.] 18.44.111 18.44.121 Fees. The director shall charge and collect the following fees as established by rule by the director: (1) A fee for filing an original or a renewal application for an escrow agent license, a fee for each application for an additional licensed location, a fee for an application for a change of address for an escrow agent, annual fees for the first office or location and for each additional office or location, and under RCW 43.135.055 the director shall set the annual fee for an escrow agent license up to five hundred sixty-five dollars in fiscal year 2000. (2) A fee for filing an original or a renewal application for an escrow officer license, a fee for an application for a change of address for each escrow officer license being so changed, a fee to activate an inactive escrow officer license or transfer an escrow officer license, and under RCW 43.135.055 the director shall set the annual fee for an escrow officer license up to two hundred thirty-five dollars in fiscal year 2000. (3) A fee for filing an application for a duplicate of an escrow agent license or of an escrow officer license lost, stolen, destroyed, or for replacement. (4) A fee for providing license examinations. (5) An hourly audit fee. In setting this fee, the director shall ensure that every examination and audit, or any part of the examination or audit, of any person licensed or subject to licensing in this state requiring travel and services outside this state by the director or by employees designated by the director, shall be at the expense of the person examined or audited at the hourly rate established by the director, plus the per diem compensation and actual travel expenses incurred by the director or his or her employees conducting the examination or audit. When making any examination or audit under this chapter, the director may retain attorneys, appraisers, independent certified public accountants, or other professionals and specialists as examiners or auditors, the cost of 18.44.121 [Title 18 RCW—page 133] 18.44.127 Title 18 RCW: Businesses and Professions which shall be borne by the person who is the subject of the examination or audit. In establishing these fees, the director shall set the fees at a sufficient level to defray the costs of administering this chapter. All fees received by the director under this chapter shall be paid into the state treasury to the credit of the financial services regulation fund. [2001 c 177 § 3; 1999 c 30 § 10; 1995 c 238 § 2; 1985 c 340 § 1; 1977 ex.s. c 156 § 7; 1971 ex.s. c 245 § 5; 1965 c 153 § 8. Formerly RCW 18.44.080.] Effective date—2001 c 177: See note following RCW 43.320.080. Effective date—1995 c 238: See note following RCW 18.44.011. 18.44.127 Certificate of registration suspension— Noncompliance with support order—Reissuance. The department shall immediately suspend the certificate of registration of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate shall be automatic upon the department’s receipt of a release issued by the department of social and health services stating that the person is in compliance with the order. [1997 c 58 § 822.] 18.44.127 *Reviser’s note: 1997 c 58 § 887 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 18.44.131 License application—Issuance. Upon the filing of the application for an escrow agent license on a form provided by the director and satisfying the requirements as set forth in this chapter, the director shall issue and deliver to the applicant a license to engage in the business of an escrow agent at the location set forth in the license. [1999 c 30 § 11; 1977 ex.s. c 156 § 8; 1965 c 153 § 9. Formerly RCW 18.44.090.] 18.44.131 18.44.141 License—Duration—Posting. An escrow agent’s license shall remain in effect until surrendered, revoked, suspended, or until it expires, and shall at all times be kept conspicuously posted in all places of business of the agent. [1999 c 30 § 12; 1965 c 153 § 10. Formerly RCW 18.44.100.] 18.44.141 18.44.151 License—Expiration and renewal—Fee. Each escrow agent’s license shall expire at noon on the thirtyfirst day of December of any calendar year. The license may be renewed by filing an application and paying the annual license fee for the next succeeding calendar year. [1999 c 30 § 13; 1985 c 340 § 2; 1965 c 153 § 11. Formerly RCW 18.44.110.] 18.44.151 [Title 18 RCW—page 134] 18.44.161 License—Reinstatement. An escrow agent’s license which has not been renewed may be reinstated at any time prior to the thirtieth day of January following its expiration, upon the payment to the director of the annual license fees then in default and a penalty equal to one-half of the annual license fees then in default. [1999 c 30 § 14; 1965 c 153 § 12. Formerly RCW 18.44.120.] 18.44.161 18.44.171 Engaging in business without license— Penalty. Any person required by this chapter to obtain a license who engages in business as an escrow agent without applying for and receiving the license required by this chapter, or willfully continues to act as an escrow agent or licensed escrow officer after surrender, expiration, suspension, or revocation of his or her license, is guilty of a misdemeanor punishable by imprisonment for not more than ninety days, or by a fine of not more than one hundred dollars per day for each day’s violation, or by both such fine and imprisonment. [1999 c 30 § 17; 1965 c 153 § 14. Formerly RCW 18.44.140.] 18.44.171 Date for initial compliance: "All persons doing business within this state as an escrow agent as defined in this act, who may be required by this act to register with the department, shall comply with the provisions hereof not later than December 31, 1965." [1965 c 153 § 15.] 18.44.181 Proof of licensure prerequisite to action for fee. No person engaged in the business or acting in the capacity of an escrow agent may bring or maintain any action in any court of this state for the collection or compensation for the performances of any services entered upon after December 31, 1965, for which licensing is required under this chapter without alleging and proving that he or she was a duly licensed escrow agent at the time of commencement of such services. [1999 c 30 § 20; 1965 c 153 § 19. Formerly RCW 18.44.180.] 18.44.181 18.44.191 Director—Educational conferences— Examinations. The director shall have the authority to hold educational conferences for the benefit of the industry and shall conduct examinations for licenses as an escrow officer. [1977 ex.s. c 156 § 15; 1971 ex.s. c 245 § 12. Formerly RCW 18.44.250.] 18.44.191 18.44.195 Examination—Content. (1) Any person desiring to become a licensed escrow officer must successfully pass an examination. (2) The escrow officer examination shall encompass the following: (a) Appropriate knowledge of the English language, including reading, writing, and arithmetic; (b) An understanding of the principles of real estate conveyancing and the general purposes and legal effects of deeds, mortgages, deeds of trust, contracts of sale, exchanges, rental and optional agreements, leases, earnest money agreements, personal property transfers, and encumbrances; (c) An understanding of the obligations between principal and agent; (d) An understanding of the meaning and nature of encumbrances upon real property; (e) An understanding of the principles and practice of trust accounting; and 18.44.195 (2008 Ed.) Escrow Agent Registration Act (f) An understanding of the escrow agent registration act and other applicable law such as the real estate settlement procedures act, 12 U.S.C. Sec. 2601, and regulation X, 24 C.F.R. Sec. 3500. (3) The examination shall be in such form as prescribed by the director with the advice of the escrow commission, and shall be given at least annually. [1999 c 30 § 4.] BONDING 18.44.201 Financial responsibility—Fidelity bond— Errors and omissions policy—Surety bond. (1) At the time of filing an application for an escrow agent license, or any renewal or reinstatement of an escrow agent license, the applicant shall provide satisfactory evidence to the director of having obtained the following as evidence of financial responsibility: (a) A fidelity bond providing coverage in the aggregate amount of two hundred thousand dollars with a deductible no greater than ten thousand dollars covering each corporate officer, partner, escrow officer, and employee of the applicant engaged in escrow transactions; (b) An errors and omissions policy issued to the escrow agent providing coverage in the minimum aggregate amount of fifty thousand dollars or, alternatively, cash or securities in the principal amount of fifty thousand dollars deposited in an approved depository on condition that they be available for payment of any claim payable under an equivalent errors and omissions policy in that amount and pursuant to rules and regulations adopted by the department for that purpose; and (c) A surety bond in the amount of ten thousand dollars executed by the applicant as obligor and by a surety company authorized to do a surety business in this state as surety, unless the fidelity bond obtained by the licensee to satisfy the requirement in (a) of this subsection does not have a deductible. The bond shall run to the state of Washington as obligee, and shall run to the benefit of the state and any person or persons who suffer loss by reason of the applicant’s or its employee’s violation of this chapter. The bond shall be conditioned that the obligor as licensee will faithfully conform to and abide by this chapter and all rules adopted under this chapter, and shall reimburse all persons who suffer loss by reason of a violation of this chapter or rules adopted under this chapter. The bond shall be continuous and may be canceled by the surety upon the surety giving written notice to the director of its intent to cancel the bond. The cancellation shall be effective thirty days after the notice is received by the director. Whether or not the bond is renewed, continued, reinstated, reissued, or otherwise extended, replaced, or modified, including increases or decreases in the penal sum, it shall be considered one continuous obligation, and the surety upon the bond shall not be liable in an aggregate amount exceeding the penal sum set forth on the face of the bond. In no event shall the penal sum, or any portion thereof, at two or more points in time be added together in determining the surety’s liability. The bond shall not be liable for any penalties imposed on the licensee, including but not limited to, any increased damages or attorneys’ fees, or both, awarded under RCW 19.86.090. (2) For the purposes of this section, a "fidelity bond" shall mean a primary commercial blanket bond or its equiva18.44.201 (2008 Ed.) 18.44.221 lent satisfactory to the director and written by an insurer authorized to transact this line of business in the state of Washington. Such bond shall provide fidelity coverage for any fraudulent or dishonest acts committed by any one or more of the employees or officers as defined in the bond, acting alone or in collusion with others. This bond shall be for the sole benefit of the escrow agent and under no circumstances whatsoever shall the bonding company be liable under the bond to any other party. The bond shall name the escrow agent as obligee and shall protect the obligee against the loss of money or other real or personal property belonging to the obligee, or in which the obligee has a pecuniary interest, or for which the obligee is legally liable or held by the obligee in any capacity, whether the obligee is legally liable therefor or not. The bond may be canceled by the insurer upon delivery of thirty days’ written notice to the director and to the escrow agent. (3) For the purposes of this section, an "errors and omissions policy" shall mean a group or individual insurance policy satisfactory to the director and issued by an insurer authorized to transact insurance business in the state of Washington. Such policy shall provide coverage for unintentional errors and omissions of the escrow agent and its employees, and may be canceled by the insurer upon delivery of thirty days’ written notice to the director and to the escrow agent. (4) Except as provided in RCW 18.44.221, the fidelity bond, surety bond, and the errors and omissions policy required by this section shall be kept in full force and effect as a condition precedent to the escrow agent’s authority to transact escrow business in this state, and the escrow agent shall supply the director with satisfactory evidence thereof upon request. [1999 c 30 § 5; 1979 c 70 § 1; 1977 ex.s. c 156 § 5; 1971 ex.s. c 245 § 4; 1965 c 153 § 5. Formerly RCW 18.44.050.] 18.44.211 Cancellation of fidelity bond or surety bond, or both—New bond required. In the event of cancellation of either the fidelity bond, the surety bond, or both, the director shall require the filing of a new bond or bonds. Failure to provide the director with satisfactory evidence of a new bond after receipt by the director of notification that one is required or by the effective date of the cancellation notice, whichever is later, shall be sufficient grounds for the suspension or revocation of the escrow agent’s license. [1999 c 30 § 6; 1965 c 153 § 6. Formerly RCW 18.44.060.] 18.44.211 18.44.221 Waiver of bond or policy where not reasonably available—Determination procedure—Waiver period. The director shall, within thirty days after the written request of the escrow commission, hold a public hearing to determine whether the fidelity bond, surety bond, and/or the errors and omissions policy specified in RCW 18.44.201 is reasonably available to a substantial number of licensed escrow agents. If the director determines and the insurance commissioner concurs that such bond or bonds and/or policy is not reasonably available, the director shall waive the requirements for such bond or bonds and/or policy for a fixed period of time. [1999 c 30 § 31; 1988 c 178 § 2; 1977 ex.s. c 156 § 30. Formerly RCW 18.44.360.] 18.44.221 Severability—1988 c 178: See note following RCW 18.44.400. [Title 18 RCW—page 135] 18.44.231 Title 18 RCW: Businesses and Professions 18.44.231 Corporation for insuring where bond or policy not reasonably available. After a written determination by the director, with the consent of the insurance commissioner, that the fidelity bond, the surety bond, and/or the errors and omissions policy required under RCW 18.44.201 is cost-prohibitive, or after a determination as provided in RCW 18.44.221 that such bond or policy is not reasonably available, an association comprised of licensed escrow agents, with the consent of the insurance commissioner, may organize a corporation pursuant to chapter 24.06 RCW, exempt from the provisions of Title 48 RCW, for the purpose of insuring or self-insuring against claims arising out of escrow transactions. The insurance commissioner may limit the authority of the corporation to the insuring or self-insuring of claims which would be within the coverage specified in RCW 18.44.201. The insurance commissioner may revoke the authority of the corporation to transact insurance or selfinsurance if he or she determines, pursuant to chapter 34.05 RCW, that the corporation is not acting in a financially responsible manner or for the benefit of the public. [1999 c 30 § 32; 1987 c 471 § 4; 1977 ex.s. c 156 § 31. Formerly RCW 18.44.370.] 18.44.231 Severability—1987 c 471: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1987 c 471 § 11.] Effective date—1987 c 471: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987." [1987 c 471 § 13.] 18.44.241 Waiver of errors and omissions policy requirement—Criteria. The following criteria will be considered by the director when deciding whether to grant a licensed escrow agent a waiver from the errors and omissions policy requirement under RCW 18.44.201: (1) Whether the director has determined pursuant to RCW 18.44.221 that an errors and omissions policy is not reasonably available to a substantial number of licensed escrow agents; (2) Whether purchasing an errors and omissions policy would be cost-prohibitive for the licensed escrow agent requesting the exemption; (3) Whether a licensed escrow agent has wilfully violated the provisions of chapter 18.44 RCW, which violation thereby resulted in the termination of the agent’s certificate, or engaged in any other conduct resulting in the termination of the escrow certificate; (4) Whether a licensed escrow agent has paid claims directly or through an errors and omissions carrier, exclusive of costs and attorney fees, in excess of ten thousand dollars in the calendar year preceding the year for which the waiver is requested; (5) Whether a licensed escrow agent has paid claims directly or through an errors or omissions insurance carrier, exclusive of costs and attorney fees, totaling in excess of twenty thousand dollars in the three calendar years preceding the calendar year for which the exemption is requested; and (6) Whether the licensed escrow agent has been convicted of a crime involving honesty or moral turpitude. These criteria are not intended to be a wholly inclusive list of factors to be applied by the director when considering 18.44.241 [Title 18 RCW—page 136] the merits of a licensed escrow agent’s request for a waiver of the required errors and omissions policy. [2000 c 171 § 12; 1987 c 471 § 5. Formerly RCW 18.44.375.] Effective date—Severability—1987 c 471: See notes following RCW 18.44.231. 18.44.251 Waiver—Affidavit. A request for a waiver of the required errors and omissions policy may be accomplished under the statute by submitting to the director an affidavit that substantially addresses the following: 18.44.251 REQUEST FOR WAIVER OF ERRORS AND OMISSIONS POLICY I, . . . . . ., residing at . . . . . ., City of . . . . . ., County of . . . . . ., State of Washington, declare the following: (1) The state escrow commission has determined that an errors and omissions policy is not reasonably available to a substantial number of licensed escrow officers; and (2) Purchasing an errors and omissions policy is costprohibitive at this time; and (3) I have not engaged in any conduct that resulted in the termination of my escrow certificate; and (4) I have not paid, directly or through an errors and omissions policy, claims in excess of ten thousand dollars, exclusive of costs and attorneys’ fees, during the calendar year preceding submission of this affidavit; and (5) I have not paid, directly or through an errors and omissions policy, claims, exclusive of costs and attorneys’ fees, totaling in excess of twenty thousand dollars in the three calendar years immediately preceding submission of this affidavit; and (6) I have not been convicted of a crime involving honesty or moral turpitude during the calendar year preceding submission of this application. THEREFORE, in consideration of the above, I, . . . . . ., respectfully request that the director of financial institutions grant this request for a waiver of the requirement that I purchase and maintain an errors and omissions policy covering my activities as an escrow agent licensed by the state of Washington for the period from . . . . . ., 19 . . ., to . . . . . ., 19 . . . Submitted this day of . . . . day of . . . . . ., 19 . . . .......................... (signature) State of Washington, County of . . . . . . . .      ss. I certify that I know or have satisfactory evidence that . . . . . . . . ., signed this instrument and acknowledged it to be . . . . . . . . . free and voluntary act for the uses and purposes mentioned in the instrument. (Seal or stamp) Dated . . . . . . . . . . . . . . . . . . . . . Signature of Notary Public . . . . . . . . . . . . . . Title . . . . . . . . . . . . . . . . . . My appointment expires . . . . . . [1995 c 238 § 5; 1987 c 471 § 10. Formerly RCW 18.44.380.] Effective date—1995 c 238: See note following RCW 18.44.011. (2008 Ed.) Escrow Agent Registration Act Effective date—Severability—1987 c 471: See notes following RCW 18.44.231. 18.44.261 Waiver—Determination. The director shall, within thirty days following submission of a written petition for waiver of the insurance requirements found in RCW 18.44.201, issue a written determination granting or rejecting an applicant’s request for waiver. [2000 c 171 § 13; 1987 c 471 § 6. Formerly RCW 18.44.385.] 18.44.261 Effective date—Severability—1987 c 471: See notes following RCW 18.44.231. 18.44.270 Application of Administrative Procedure Act. The proceedings for revocation, suspension, or refusal to renew or accept an application for renewal of an escrow agent’s registration or escrow officer license, and any appeal therefrom or review thereof shall be governed by the provisions of chapter 34.05 RCW. [1977 ex.s. c 156 § 17; 1971 ex.s. c 245 § 14.] 18.44.270 18.44.271 Waiver—Certificate of waiver. Upon granting a waiver of insurance requirements found in RCW 18.44.201, the director shall issue a certificate of waiver, which certificate shall be mailed to the escrow agent who requested the waiver. [2000 c 171 § 14; 1987 c 471 § 7. Formerly RCW 18.44.390.] 18.44.271 Effective date—Severability—1987 c 471: See notes following RCW 18.44.231. 18.44.281 Waiver—Denial. Upon determining that a licensed escrow agent is to be denied a waiver of the errors and omissions policy requirements of RCW 18.44.201, the director shall within thirty days of the denial of an escrow agent’s request for same, provide to the escrow agent a written explanation of the reasons for the director’s decision to deny the requested waiver. [2000 c 171 § 15; 1987 c 471 § 8. Formerly RCW 18.44.395.] 18.44.281 Effective date—Severability—1987 c 471: See notes following RCW 18.44.231. 18.44.291 Waiver—Application by escrow license applicant. Nothing in RCW 18.44.201, 18.44.241 through 18.44.261, 18.44.271, and 18.44.281 shall be construed as prohibiting a person applying for an escrow license from applying for a certificate of waiver of the errors and omissions policy requirement when seeking an escrow license. [2000 c 171 § 16; 1987 c 471 § 9. Formerly RCW 18.44.398.] 18.44.291 Effective date—Severability—1987 c 471: See notes following RCW 18.44.231. PROHIBITED PRACTICES 18.44.301 Prohibited practices. It is a violation of this chapter for any escrow agent, controlling person, officer, designated escrow officer, independent contractor, employee of an escrow business, or other person subject to this chapter to: (1) Directly or indirectly employ any scheme, device, or artifice to defraud or mislead borrowers or lenders or to defraud any person; (2) Directly or indirectly engage in any unfair or deceptive practice toward any person; 18.44.301 (2008 Ed.) 18.44.305 (3) Directly or indirectly obtain property by fraud or misrepresentation; (4) Knowingly make, publish, or disseminate any false, deceptive, or misleading information in the conduct of the business of escrow, or relative to the business of escrow or relative to any person engaged therein; (5) Knowingly receive or take possession for personal use of any property of any escrow business, other than in payment authorized by this chapter, and with intent to defraud, omit to make, or cause or direct to be made, a full and true entry thereof in the books and accounts of the business; (6) Make or concur in making any false entry, or omit or concur in omitting to make any material entry, in its books or accounts; (7) Knowingly make or publish, or concur in making or publishing any written report, exhibit, or statement of its affairs or pecuniary condition containing any material statement which is false, or omit or concur in omitting any statement required by law to be contained therein; (8) Willfully fail to make any proper entry in the books of the escrow business as required by law; (9) Fail to disclose in a timely manner to the other officers, directors, controlling persons, designated escrow officer, or other licensed escrow officers the receipt of service of a notice of an application for an injunction or other legal process affecting the property or business of an escrow agent, including in the case of a licensed escrow agent an order to cease and desist or other order of the director; or (10) Fail to make any report or statement lawfully required by the director or other public official. [1999 c 30 § 9.] 18.44.305 Financial interest in an escrow agent— Prohibited practices. (1) An escrow agent, officer or employee of any escrow agent, or person who has a financial interest in an escrow agent shall not, directly or indirectly, give any fee, kickback, payment, or other thing of value to any person as an inducement, reward for placing business, referring business, or causing title insurance business to be given to a title insurance agent in which the escrow agent or person having a financial interest in the escrow agent also has a financial interest. (2) An escrow agent or person who has a financial interest in an escrow agent shall not either solicit or accept, or both, anything of value from: A title insurance company, a title insurance agent, or the employees or representatives of a title insurance company or title insurance agent, that a title insurance company or title insurance agent is not permitted by law or rule to give to the escrow agent or person who has a financial interest in the escrow agent. (3) An escrow agent or person who has a financial interest in an escrow agent shall not prevent or deter a title insurance company, title insurance agent, or their employees or representatives from delivering to an escrow agent or its employees, independent contractors, and clients printed promotional material concerning only title insurance services as long as: (a) The material is business appropriate and is not misleading or false; (b) The material does not malign the escrow agent, its employees, independent contractors, or affiliates; 18.44.305 [Title 18 RCW—page 137] 18.44.400 Title 18 RCW: Businesses and Professions (c) The delivery of the materials is limited to those areas of the escrow agent’s physical office reserved for unrestricted public access; and (d) The conduct of the employees or representatives are appropriate for a business setting and do not threaten the safety or health of anyone in the escrow agent’s office. (4) An escrow agent shall not require a consumer, as a condition of providing real estate settlement services, to obtain title insurance from a title insurance agent in which the escrow agent has a financial interest. [2008 c 110 § 11.] Severability—2008 c 110: See RCW 48.29.900. ENFORCEMENT 18.44.400 Records and accounts—Segregation and disbursements of funds—Violation of section, penalties. (1) Every licensed escrow agent shall keep adequate records, as determined by rule by the director, of all transactions handled by or through the agent including itemization of all receipts and disbursements of each transaction. These records shall be maintained in this state, unless otherwise approved by the director, for a period of six years from completion of the transaction. These records shall be open to inspection by the director or the director’s authorized representatives. (2) Every licensed escrow agent shall keep separate escrow fund accounts as determined by rule by the director in recognized Washington state depositaries authorized to receive funds, in which shall be kept separate and apart and segregated from the agent’s own funds, all funds or moneys of clients which are being held by the agent pending the closing of a transaction and such funds shall be deposited not later than the first banking day following receipt thereof. (3) An escrow agent, unless exempted by RCW 18.44.021(2), shall not make disbursements on any escrow account without first receiving deposits directly relating to the account in amounts at least equal to the disbursements. An escrow agent shall not make disbursements until the next business day after the business day on which the funds are deposited unless the deposit is made in cash, by interbank electronic transfer, or in a form that permits conversion of the deposit to cash on the same day the deposit is made. The deposits shall be in one of the following forms: (a) Cash; (b) Interbank electronic transfers such that the funds are unconditionally received by the escrow agent or the agent’s depository; (c) Checks, negotiable orders of withdrawal, money orders, cashier’s checks, and certified checks that are payable in Washington state and drawn on financial institutions located in Washington state; (d) Checks, negotiable orders of withdrawal, money orders, and any other item that has been finally paid as described in RCW 62A.4-213 before any disbursement; or (e) Any depository check, including any cashier’s check, certified check, or teller’s check, which is governed by the provisions of the federal expedited funds availability act, 12 U.S.C. Sec. 4001 et seq. (4) For purposes of this section, the word "item" means any instrument for the payment of money even though it is not negotiable, but does not include money. 18.44.400 [Title 18 RCW—page 138] (5) Violation of this section shall subject an escrow agent to penalties as prescribed in Title 9A RCW and remedies as provided in chapter 19.86 RCW and shall constitute grounds for suspension or revocation of the license of any licensed escrow agent or licensed escrow officer. In addition, an escrow agent who is required to be licensed under this chapter and who violates this section or an individual who is required to be licensed as an escrow officer under this chapter and who violates this section, may be subject to penalties as prescribed in RCW 18.44.430. [1999 c 30 § 8; 1990 c 203 § 1; 1988 c 178 § 1; 1977 ex.s. c 156 § 6; 1965 c 153 § 7. Formerly RCW 18.44.070.] Severability—1988 c 178: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1988 c 178 § 4.] 18.44.410 Powers of director. (1) The director has the power and broad administrative discretion to administer and interpret this chapter to facilitate the delivery of services to citizens of this state by escrow agents and others subject to this chapter. (2) The director may issue rules and regulations to govern the activities of licensed escrow agents and escrow officers. The director shall enforce all laws and rules relating to the licensing of escrow agents and escrow officers and fix the time and places for holding examinations of applicants for licenses and prescribe the method of conducting the examinations. The director may hold hearings and suspend or revoke the licenses of violators and may deny, suspend, or revoke the authority of an escrow officer to act as the designated escrow officer of a person who commits violations of this chapter or of the rules under this chapter. Except as specifically provided in this chapter, the rules adopted and the hearings conducted shall be in accordance with the provisions of chapter 34.05 RCW, the administrative procedure act. [1999 c 30 § 27; 1977 ex.s. c 156 § 25. Formerly RCW 18.44.320.] 18.44.410 18.44.420 Investigation of violations—Procedure— Powers of director. The director may: (1) Make necessary public or private investigations within or outside of this state to determine whether any person has violated or is about to violate this chapter or any rule or order under this chapter, or to aid in the enforcement of this chapter or in the prescribing of rules and forms under this chapter; or (2) Require or permit any person to file a statement in writing, under oath or otherwise as the director determines, as to all facts and circumstances concerning the matter to be investigated. For the purpose of any investigation or proceeding under this chapter, the director or any officer designated by the director may administer oaths or affirmations, and upon his or her own motion or upon request of any party, may subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge or relevant facts, or any other matter rea18.44.420 (2008 Ed.) Escrow Agent Registration Act sonably calculated to lead to the discovery of material evidence. Upon failure to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected thereby, the director may apply to the superior court for an order compelling compliance. Except as otherwise provided in this chapter, all proceedings under this chapter shall be in accordance with the administrative procedure act, chapter 34.05 RCW. [1999 c 30 § 23; 1977 ex.s. c 156 § 21. Formerly RCW 18.44.280.] 18.44.450 (3) In addition to or in lieu of a license suspension, revocation, or denial, the director may assess a fine of up to one hundred dollars per day for each day’s violation of this chapter or rules adopted under this chapter and may remove and/or prohibit from participation in the conduct of the affairs of any licensed escrow agent, any officer, controlling person, director, employee, or licensed escrow officer. [1999 c 30 § 22; 1977 ex.s. c 156 § 16; 1971 ex.s. c 245 § 13. Formerly RCW 18.44.260.] 18.44.440 Violations—Cease and desist orders. If the director determines after notice and hearing that a person has: (1) Violated any provision of this chapter; or (2) Directly, or through an agent or employee, engaged in any false, unfair and deceptive, or misleading: (a) Advertising or promotional activity; or (b) Business practices; or (3) Violated any lawful order or rule of the director; the director may issue an order requiring the person to cease and desist from the unlawful practice and to take such affirmative action as in the judgment of the director will carry out the purposes of this chapter. If the director makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing an order, the director may issue a temporary cease and desist order. Every temporary cease and desist order shall include in its terms a provision that upon request a hearing will be held to determine whether or not the order becomes permanent. [1999 c 30 § 19; 1977 ex.s. c 156 § 20. Formerly RCW 18.44.175.] 18.44.440 18.44.430 Actions against license—Grounds. (1) The director may, upon notice to the escrow agent and to the insurer providing coverage under RCW 18.44.201, deny, suspend, decline to renew, or revoke the license of any escrow agent or escrow officer if the director finds that the applicant or any partner, officer, director, controlling person, or employee has committed any of the following acts or engaged in any of the following conduct: (a) Obtaining a license by means of fraud, misrepresentation, concealment, or through the mistake or inadvertence of the director. (b) Violating any of the provisions of this chapter or any lawful rules made by the director pursuant thereto. (c) The commission of a crime against the laws of this or any other state or government, involving moral turpitude or dishonest dealings. (d) Knowingly committing or being a party to, any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, scheme, or device whereby any other person lawfully relying upon the word, representation, or conduct of the licensee or agent or any partner, officer, director, controlling person, or employee acts to his or her injury or damage. (e) Conversion of any money, contract, deed, note, mortgage, or abstract or other evidence of title to his or her own use or to the use of his or her principal or of any other person, when delivered to him or her in trust or on condition, in violation of the trust or before the happening of the condition; and failure to return any money or contract, deed, note, mortgage, abstract, or other evidence of title within thirty days after the owner thereof is entitled thereto, and makes demand therefor, shall be prima facie evidence of such conversion. (f) Failing, upon demand, to disclose any information within his or her knowledge to, or to produce any document, book, or record in his or her possession for inspection of, the director or his or her authorized representatives. (g) Committing any act of fraudulent or dishonest dealing, and a certified copy of the final holding of any court of competent jurisdiction in such matter shall be conclusive evidence in any hearing under this chapter. (h) Accepting, taking, or charging any undisclosed commission, rebate, or direct profit on expenditures made for the principal. (i) Committing acts or engaging in conduct that demonstrates the applicant or licensee to be incompetent or untrustworthy, or a source of injury and loss to the public. (2) Any conduct of an applicant or licensee that constitutes grounds for enforcement action under this chapter is sufficient regardless of whether the conduct took place within or outside of the state of Washington. 18.44.430 (2008 Ed.) 18.44.450 Referral fees prohibited—Consumer protection act—Application. (1) "Real property lender" as used in this section means a bank, savings bank, savings and loan association, credit union, mortgage company, or other corporation, association, or partnership that makes loans secured by real property located in this state. (2) No real property lender, escrow agent, or officer or employee of any escrow agent or real property lender may give or agree to pay or give any money, service, or object of value to any real estate agent or broker, to any real property lender, or to any officer or employee of any agent, broker, or lender in return for the referral of any real estate escrow services. Nothing in this subsection prohibits the payment of fees or other compensation permitted under the federal Real Estate Settlement Procedures Act as amended (12 U.S.C. sections 2601 through 2617). (3) The legislature finds that the practices governed by this subsection are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Any violation of this section is not reasonable in relation to the development and preservation of business and is an unfair and deceptive act or practice and an unfair method of competition in the conduct of trade or commerce in violation of RCW 19.86.020. Remedies provided by chapter 19.86 RCW are cumulative and not exclusive. [2000 c 171 § 17; 1999 c 30 § 33; 1988 c 178 § 3. Formerly RCW 18.44.145.] 18.44.450 Severability—1988 c 178: See note following RCW 18.44.400. [Title 18 RCW—page 139] 18.44.460 Title 18 RCW: Businesses and Professions 18.44.460 License suspension—Nonpayment or default on educational loan or scholarship. The director shall suspend the license of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person’s license shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensing during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose. [1999 c 30 § 15; 1996 c 293 § 11. Formerly RCW 18.44.125.] 18.44.460 Severability—1996 c 293: See note following RCW 18.04.420. 18.44.465 Termination of license—Effect upon preexisting escrows—Notice to principals. The revocation, suspension, surrender, or expiration of an escrow agent’s license shall not impair or affect preexisting escrows accepted by the agent prior to such revocation, suspension, surrender, or expiration: PROVIDED, That the escrow agent shall within five work days provide written notice to all principals of such preexisting escrows of the agent’s loss of license. The notice shall include as a minimum the reason for the loss of license, the estimated date for completing the escrow, and the condition of the agent’s bond and whether it is in effect or whether notice of cancellation has been given. The notice shall afford the principals the right to withdraw the escrow without monetary loss. [1999 c 30 § 16; 1977 ex.s. c 156 § 9; 1965 c 153 § 13. Formerly RCW 18.44.130.] 18.44.465 18.44.470 Receivership. Upon application by the director or any other interested party and upon a showing that the interest of the creditors so requires, the superior court may appoint a receiver to take over, operate, or liquidate any escrow office in this state. [1971 ex.s. c 245 § 6. Formerly RCW 18.44.190.] 18.44.470 18.44.480 Remedies—Affecting corporate franchise. Upon petition by the attorney general, the court may, in its discretion, order the dissolution, or suspension or forfeiture of franchise, of any corporation for repeated or flagrant violation of this chapter or the terms of any order of injunction hereunder. [1965 c 153 § 18. Formerly RCW 18.44.170.] 18.44.480 18.44.490 Authority to prosecute—Grants of injunctive relief, temporary restraining orders. (1) The director, through the attorney general, may prosecute an action in any court of competent jurisdiction to enforce any order made by him or her pursuant to this chapter and shall not be required to post a bond in any such court proceedings. (2) If the director has cause to believe that any person has violated any penal provision of this chapter he or she may 18.44.490 [Title 18 RCW—page 140] refer the violation to the attorney general or the prosecuting attorney of the county in which the offense was committed. (3) Whenever the director has cause to believe that any person, required to be licensed by this chapter, is conducting business as an escrow agent without a valid license, or that any licensed escrow agent, directly or through an agent or employee, is engaged in any false, unfair and deceptive, or misleading advertising or promotional, activity or business practices, or is conducting business in a manner deemed unsafe or injurious to the public, or has violated, is violating, or is about to violate any of the provisions of this chapter, or a rule or order under this chapter, the director, through the attorney general, may bring an action in any court of competent jurisdiction to enjoin the person from continuing the violation or doing any action in furtherance thereof. Upon proper showing, injunctive relief or temporary restraining orders shall be granted by the court and a receiver or conservator may be appointed. (4) The attorney general and the several prosecuting attorneys throughout the state may prosecute proceedings brought pursuant to this chapter upon notification of the director. [1999 c 30 § 18; 1977 ex.s. c 156 § 10; 1965 c 153 § 17. Formerly RCW 18.44.160.] ESCROW COMMISSION 18 .44.500 E scrow comm ission—M embers — Terms—Compensation and travel expenses. There is established an escrow commission of the state of Washington, to consist of the director of financial institutions or his or her designee as chairman, and five other members who shall act as advisors to the director as to the needs of the escrow profession, including but not limited to the design and conduct of tests to be administered to applicants for escrow licenses, the schedule of license fees to be applied to the escrow licensees, educational programs, audits and investigations of the escrow profession designed to protect the consumer, and such other matters determined appropriate. The director is hereby empowered to and shall appoint the other members, each of whom shall have been a resident of this state for at least five years and shall have at least five years experience in the practice of escrow as an escrow agent or as a person in responsible charge of escrow transactions. The members of the first commission shall serve for the following terms: One member for one year, one member for two years, one member for three years, one member for four years, and one member for five years, from the date of their appointment, or until their successors are duly appointed and qualified. Every member of the commission shall receive a certificate of appointment from the director and before beginning the member’s term of office shall file with the secretary of state a written oath or affirmation for the faithful discharge of the member’s official duties. On the expiration of the term of each member, the director shall appoint a successor to serve for a term of five years or until the member’s successor has been appointed and qualified. The director may remove any member of the commission for cause. Vacancies in the commission for any reason shall be filled by appointment for the unexpired term. Members shall be compensated in accordance with RCW 43.03.240, and shall be reimbursed for their travel 18.44.500 (2008 Ed.) Birthing Centers expenses incurred in carrying out the provisions of this chapter in accordance with RCW 43.03.050 and 43.03.060. [1995 c 238 § 3; 1985 c 340 § 3; 1984 c 287 § 36. Formerly RCW 18.44.208.] 18.46.020 18.46.030 18.46.040 18.46.050 18.46.055 Effective date—1995 c 238: See note following RCW 18.44.011. Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. 18.46.060 18.46.070 18.46.080 18.46.090 18.46.110 18.44.510 Compensation and travel expenses of commission members. The escrow commission members shall each be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses as provided for state officials and employees in RCW 43.03.050 and 43.03.060, when called into session by the director or when otherwise engaged in the business of the commission. [1984 c 287 § 37; 1977 ex.s. c 156 § 29. Formerly RCW 18.44.215.] 18.44.510 Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. MISCELLANEOUS 18.44.901 Construction—1965 c 153. Nothing in this chapter shall be so construed as to authorize any escrow agent, or his employees or agents, to engage in the practice of law, and nothing in this chapter shall be so construed as to impose any additional liability on any depositary authorized by this chapter and the receipt or acquittance of the persons so paid by such depositary shall be a valid and sufficient release and discharge of such depositary. [1965 c 153 § 20. Formerly RCW 18.44.900.] 18.44.901 18.44.902 Short title. This chapter shall be known and cited as the "Escrow Agent Registration Act". [1965 c 153 § 21. Formerly RCW 18.44.910.] 18.44.902 18.44.903 Severability—1971 ex.s. c 245. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1971 ex.s. c 245 § 15. Formerly RCW 18.44.920.] 18.44.903 18.44.904 Severability—1977 ex.s. c 156. If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected. [1977 ex.s. c 156 § 33. Formerly RCW 18.44.921.] 18.44.904 18.44.905 Severability—1979 c 70. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1979 c 70 § 2. Formerly RCW 18.44.922.] 18.44.905 Chapter 18.46 Chapter 18.46 RCW BIRTHING CENTERS (Formerly: Maternity homes) Sections 18.46.005 18.46.010 (2008 Ed.) Purpose. Definitions. 18.46.120 18.46.130 18.46.140 18.46.900 18.46.030 License required. Application for license—Fee. License—Issuance—Renewal—Limitations—Display. Actions against license. License suspension—Nonpayment or default on educational loan or scholarship. Rules. Rules—Time for compliance. Inspections—Approval of new facilities. Information confidential. Fire protection—Duties of chief of the Washington state patrol. Operating without license—Penalty. Operating without license—Injunction. Application of chapter to birthing centers operated by certain religious organizations. Severability—1951 c 168. Abortion: Chapter 9.02 RCW. Crimes relating to pregnancy and childbirth: RCW 9A.32.060. Filing certificate of birth: RCW 70.58.080. Record as to patients or inmates for purposes of vital statistics: RCW 70.58.270. 18.46.005 Purpose. The purpose of this chapter is to provide for the development, establishment, and enforcement of standards for the maintenance and operation of birthing centers, which, in the light of advancing knowledge, will promote safe and adequate care and treatment of the individuals therein. [2000 c 93 § 29; 1951 c 168 § 1.] 18.46.005 18.46.010 Definitions. (1) "Birthing center" or "childbirth center" means any health facility, not part of a hospital or in a hospital, that provides facilities and staff to support a birth service to low-risk maternity clients: PROVIDED, HOWEVER, That this chapter shall not apply to any hospital approved by the American College of Surgeons, American Osteopathic Association, or its successor. (2) "Department" means the state department of health. (3) "Low-risk" means normal, uncomplicated prenatal course as determined by adequate prenatal care and prospects for a normal uncomplicated birth as defined by reasonable and generally accepted criteria of maternal and fetal health. (4) "Person" means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof. [2000 c 93 § 30; 1991 c 3 § 100; 1985 c 213 § 8; 1979 c 141 § 32; 1951 c 168 § 2. Prior: 1943 c 214 § 1; Rem. Supp. 1943 § 6130-47.] 18.46.010 Savings—Effective date—1985 c 213: See notes following RCW 43.20.050. 18.46.020 License required. After July 1, 1951, no person shall operate a birthing center in this state without a license under this chapter. [2000 c 93 § 31; 1951 c 168 § 3. Prior: 1943 c 214 § 2; Rem. Supp. 1943 § 6130-48.] 18.46.020 18.46.030 Application for license—Fee. An application for license shall be made to the department upon forms provided by it and shall contain such information as the department reasonably requires, which may include affirmative evidence of ability to comply with rules and regulations as are lawfully prescribed hereunder. Each application for license or renewal of license shall be accompanied by a license fee as established by the department under RCW 43.20B.110: PROVIDED, That no fee shall be required of 18.46.030 [Title 18 RCW—page 141] 18.46.040 Title 18 RCW: Businesses and Professions charitable or nonprofit or government-operated institutions. [1987 c 75 § 4; 1982 c 201 § 5; 1951 c 168 § 4.] Savings—Severability—1987 c 75: See RCW 43.20B.900 and 43.20B.901. 18.46.040 License—Issuance—Renewal—Limitations—Display. Upon receipt of an application for a license and the license fee, the licensing agency shall issue a license if the applicant and the birthing center meet the requirements established under this chapter. A license, unless suspended or revoked, shall be renewable annually. Applications for renewal shall be on forms provided by the department and shall be filed in the department not less than ten days prior to its expiration. Each application for renewal shall be accompanied by a license fee as established by the department under RCW 43.20B.110. Each license shall be issued only for the premises and persons named in the application and shall not be transferable or assignable except with the written approval of the department. Licenses shall be posted in a conspicuous place on the licensed premises. [2000 c 93 § 32; 1987 c 75 § 5; 1982 c 201 § 6; 1951 c 168 § 5. Prior: 1943 c 214 § 3; Rem. Supp. 1943 § 6130-49.] 18.46.040 Savings—Severability—1987 c 75: See RCW 43.20B.900 and 43.20B.901. 18.46.050 Actions against license. (1) The department may deny, suspend, or revoke a license in any case in which it finds that there has been failure or refusal to comply with the requirements established under this chapter or the rules adopted under it. (2) The department shall immediately suspend the license of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department’s receipt of a release issued by the department of social and health services stating that the person is in compliance with the order. RCW 43.70.115 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding but shall not apply to actions taken under subsection (2) of this section. [1997 c 58 § 823; 1991 c 3 § 101; 1989 c 175 § 63; 1985 c 213 § 9; 1951 c 168 § 6.] 18.46.050 *Reviser’s note: 1997 c 58 § 887 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. Effective date—1989 c 175: See note following RCW 34.05.010. Savings—Effective date—1985 c 213: See notes following RCW 43.20.050. [Title 18 RCW—page 142] 18.46.055 License suspension—Nonpayment or default on educational loan or scholarship. The department shall suspend the license of any person who has been certified by a lending agency and reported to the department for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person’s license shall not be reissued until the person provides the department a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the department may impose. [1996 c 293 § 12.] 18.46.055 Severability—1996 c 293: See note following RCW 18.04.420. 18.46.060 Rules. The department, after consultation with representatives of birthing center operators, state medical association, Washington Osteopathic Association, state nurses association, state hospital association, state midwives association, and any other representatives as the department may deem necessary, shall adopt, amend, and promulgate such rules and regulations with respect to all birthing centers in the promotion of safe and adequate medical and nursing care in the birthing center and the sanitary, hygienic, and safe condition of the birthing center in the interest of the health, safety, and welfare of the people. [2000 c 93 § 33; 1985 c 213 § 10; 1951 c 168 § 7.] 18.46.060 Savings—Effective date—1985 c 213: See notes following RCW 43.20.050. 18.46.070 Rules—Time for compliance. Any birthing center which is in operation at the time of promulgation of any applicable rules or regulations under this chapter shall be given a reasonable time, under the particular circumstances, not to exceed three months from the date of such promulgation, to comply with the rules and regulations established under this chapter. [2000 c 93 § 34; 1951 c 168 § 8.] 18.46.070 18.46.080 Inspections—Approval of new facilities. The department shall make or cause to be made an inspection and investigation of all birthing centers, and every inspection may include an inspection of every part of the premises. The department may make an examination of all records, methods of administration, the general and special dietary and the stores and methods of supply. The department may prescribe by regulation that any licensee or applicant desiring to make specified types of alteration or addition to its facilities or to construct new facilities shall before commencing such alterations, addition, or new construction submit plans and specifications therefor to the department for preliminary inspection and approval or recommendations with respect to compliance with regulations and standards herein authorized. Necessary conferences and consultations may be provided. [2000 c 93 § 35; 1951 c 168 § 9. Prior: 1943 c 214 § 4; Rem. Supp. 1943 § 6130-50.] 18.46.080 (2008 Ed.) Midwifery Chapter 18.50 18.46.090 Information confidential. All information received by the department through filed reports, inspection, or as otherwise authorized under this chapter shall not be disclosed publicly in any manner as to identify individuals or birthing centers except in a proceeding involving the question of licensure. [2000 c 93 § 36; 1951 c 168 § 10.] 18.46.120 Operating without license—Penalty. Any person operating or maintaining any birthing center without a license under this chapter shall be guilty of a misdemeanor. Each day of a continuing violation after conviction shall be considered a separate offense. [2000 c 93 § 38; 1951 c 168 § 13.] 18.46.110 Fire protection—Duties of chief of the Washington state patrol. Fire protection with respect to all birthing centers to be licensed hereunder, shall be the responsibility of the chief of the Washington state patrol, through the director of fire protection, who shall adopt by reference, such recognized standards as may be applicable to nursing homes, places of refuge, and birthing centers for the protection of life against the cause and spread of fire and fire hazards. The department upon receipt of an application for a license, shall submit to the chief of the Washington state patrol, through the director of fire protection, in writing, a request for an inspection, giving the applicant’s name and the location of the premises to be licensed. Upon receipt of such a request, the chief of the Washington state patrol, through the director of fire protection, or his or her deputy, shall make an inspection of the birthing center to be licensed, and if it is found that the premises do not comply with the required safety standards and fire regulations as promulgated by the chief of the Washington state patrol, through the director of fire protection, he or she shall promptly make a written report to the department as to the manner in which the premises may qualify for a license and set forth the conditions to be remedied with respect to fire regulations. The department, applicant or licensee shall notify the chief of the Washington state patrol, through the director of fire protection, upon completion of any requirements made by him or her, and the chief of the Washington state patrol, through the director of fire protection, or his or her deputy, shall make a reinspection of such premises. Whenever the birthing center to be licensed meets with the approval of the chief of the Washington state patrol, through the director of fire protection, he or she shall submit to the department, a written report approving same with respect to fire protection before a license can be issued. The chief of the Washington state patrol, through the director of fire protection, shall make or cause to be made such inspection of such birthing centers as he or she deems necessary. In cities which have in force a comprehensive building code, the regulation of which is equal to the minimum standards of the code for birthing centers adopted by the chief of the Washington state patrol, through the director of fire protection, the building inspector and the chief of the fire department, provided the latter is a paid chief of a paid fire department, shall make the inspection and shall approve the premises before a license can be issued. In cities where such building codes are in force, the chief of the Washington state patrol, through the director of fire protection, may, upon request by the chief fire official, or the local governing body, or of a taxpayer of such city, assist in the enforcement of any such code pertaining to birthing centers. [2000 c 93 § 37; 1995 c 369 § 5; 1986 c 266 § 82; 1951 c 168 § 12.] 18.46.130 Operating without license—Injunction. Notwithstanding the existence or use of any other remedy, the department may in the manner provided by law, upon the advice of the attorney general who shall represent the department in all proceedings, maintain an action in the name of the state for an injunction or other process against any person to restrain or prevent the operation or maintenance of a birthing center not licensed under this chapter. [2000 c 93 § 39; 1951 c 168 § 14.] 18.46.090 18.46.110 Effective date—1995 c 369: See note following RCW 43.43.930. Severability—1986 c 266: See note following RCW 38.52.005. State fire protection: Chapter 43.44 RCW. (2008 Ed.) 18.46.120 18.46.130 Injunctions: Chapter 7.40 RCW. 18.46.140 Application of chapter to birthing centers operated by certain religious organizations. Nothing in this chapter or the rules and regulations adopted pursuant thereto shall be construed as authorizing the supervision, regulation, or control of the remedial and nursing care of patients in any birthing center as defined in this chapter, conducted for or by members of a recognized religious sect, denomination, or organization which in accordance with its creed, tenets, or principles depends for healing upon prayer in the practice of religion, nor shall the existence of any of the above conditions militate against the licensing of such facility. [2000 c 93 § 40; 1951 c 168 § 15.] 18.46.140 18.46.900 Severability—1951 c 168. If any provision of this chapter or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions or application of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable. [1951 c 168 § 17.] 18.46.900 Chapter 18.50 Chapter 18.50 RCW MIDWIFERY Sections 18.50.003 18.50.005 18.50.010 18.50.020 18.50.030 18.50.032 18.50.034 18.50.040 18.50.045 18.50.050 18.50.060 18.50.065 18.50.102 18.50.105 18.50.108 18.50.115 18.50.126 18.50.130 18.50.135 Regulation of health care professions—Criteria. Definitions. Practicing midwifery defined—Gratuitous services—Duty to consult with physician. License required. Exemptions—Practice of religion—Treatment by prayer. Exemptions—Registered nurses and nurse midwives. Exemptions—Persons enrolled in midwifery programs. Candidates for examination—Application—Eligibility—Student midwife permits. Midwifery education programs—Accreditation. Compliance with secretary’s determination. Examinations—Times and places—Subjects—Issuance of license. Credentialing by endorsement. Registration—Renewal fee. Inform patient of qualifications of midwife—Form. Written plan for consultation, emergency transfer, and transport. Administration of drugs and medications—Rules. Application of uniform disciplinary act. "Certificate" and "license" synonymous. Rules. [Title 18 RCW—page 143] 18.50.003 18.50.140 18.50.150 18.50.900 Title 18 RCW: Businesses and Professions Midwifery advisory committee—Generally. Midwifery advisory committee—Advice and recommendations. Repeal and saving. Abortion: Chapter 9.02 RCW. Actions for injuries resulting from health care: Chapter 7.70 RCW. Crimes relating to pregnancy and childbirth: RCW 9A.32.060. Filing certificate of birth: RCW 70.58.080. Health professions account—Fees credited—Requirements for biennial budget request—Unappropriated funds: RCW 43.70.320. Record as to patients or inmates for purposes of vital statistics: RCW 70.58.270. Secretary of health or designee ex officio member of health professional licensure and disciplinary boards: RCW 43.70.300. 18.50.003 Regulation of health care professions— Criteria. See chapter 18.120 RCW. 18.50.003 18.50.005 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter: (1) "Department" means the department of health. (2) "Secretary" means the secretary of health. (3) "Midwife" means a midwife licensed under this chapter. (4) "Physician" means a physician licensed under chapter 18.57 or 18.71 RCW. [1991 c 3 § 102; 1987 c 467 § 1; 1981 c 53 § 2.] 18.50.005 Effective date—1981 c 53: "Sections 1, 2, 5, 6, 8, 9, 10, 11, and 13 through 17 of this act shall take effect January 15, 1982." [1981 c 53 § 19.] 18.50.010 Practicing midwifery defined—Gratuitous services—Duty to consult with physician. Any person shall be regarded as practicing midwifery within the meaning of this chapter who shall render medical aid for a fee or compensation to a woman during prenatal, intrapartum, and postpartum stages or who shall advertise as a midwife by signs, printed cards, or otherwise. Nothing shall be construed in this chapter to prohibit gratuitous services. It shall be the duty of a midwife to consult with a physician whenever there are significant deviations from normal in either the mother or the infant. [1991 c 3 § 103; 1987 c 467 § 2; 1981 c 53 § 5; 1917 c 160 § 8; RRS § 10181. Formerly RCW 18.50.010, 18.50.030, part, and 18.50.090.] 18.50.010 Effective date—1981 c 53: See note following RCW 18.50.005. 18.50.020 License required. Any person who shall practice midwifery in this state after July 1, 1917, shall first obtain from the secretary a license so to do, and the said secretary is authorized to grant such license after examination of the applicant as hereinafter provided. [1991 c 3 § 104; 1917 c 160 § 1; RRS § 10174.] 18.50.020 18.50.030 Exemptions—Practice of religion—Treatment by prayer. This chapter shall not be construed to interfere in any way with the practice of religion, nor be held to apply to or regulate any kind of treatment by prayer. [1917 c 160 § 12; RRS § 10185. FORMER PART OF SECTION: 1917 c 160 § 8, part; RRS § 10181, part, now codified in RCW 18.50.010.] 18.50.030 Gratuitous services exempted: RCW 18.50.010. [Title 18 RCW—page 144] 18.50.032 Exemptions—Registered nurses and nurse midwives. Registered nurses and nurse midwives certified by the nursing care quality assurance commission under chapter 18.79 RCW shall be exempt from the requirements and provisions of this chapter. [1994 sp.s. c 9 § 704; 1981 c 53 § 10.] 18.50.032 Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Effective date—1981 c 53: See note following RCW 18.50.005. 18.50.034 Exemptions—Persons enrolled in midwifery programs. Nothing in this chapter shall be construed to apply to or interfere in any way with the practice of midwifery by a person who is enrolled in a program of midwifery approved and accredited by the secretary: PROVIDED, That the performance of such services is only pursuant to a regular course of instruction or assignment from the student’s instructor, and that such services are performed only under the supervision and control of a person licensed in the state of Washington to perform services encompassed under this chapter. [1991 c 3 § 105; 1981 c 53 § 11.] 18.50.034 Effective date—1981 c 53: See note following RCW 18.50.005. 18.50.040 Candidates for examination—Application—Eligibility—Student midwife permits. (1) Any person seeking to be examined shall present to the secretary, at least forty-five days before the commencement of the examination, a written application on a form or forms provided by the secretary setting forth under affidavit such information as the secretary may require and proof the candidate has received a high school degree or its equivalent; that the candidate is twenty-one years of age or older; that the candidate has received a certificate or diploma from a midwifery program accredited by the secretary and licensed under chapter 28C.10 RCW, when applicable, or a certificate or diploma in a foreign institution on midwifery of equal requirements conferring the full right to practice midwifery in the country in which it was issued. The diploma must bear the seal of the institution from which the applicant was graduated. Foreign candidates must present with the application a translation of the foreign certificate or diploma made by and under the seal of the consulate of the country in which the certificate or diploma was issued. (2) The candidate shall meet the following conditions: (a) Obtaining a minimum period of midwifery training for at least three years including the study of the basic nursing skills that the department shall prescribe by rule. However, if the applicant is a registered nurse or licensed practical nurse under chapter 18.79 RCW, or has had previous nursing education or practical midwifery experience, the required period of training may be reduced depending upon the extent of the candidate’s qualifications as determined under rules adopted by the department. In no case shall the training be reduced to a period of less than two years. (b) Meeting minimum educational requirements which shall include studying obstetrics; neonatal pediatrics; basic sciences; female reproductive anatomy and physiology; behavioral sciences; childbirth education; community care; obstetrical pharmacology; epidemiology; gynecology; family planning; genetics; embryology; neonatology; the medical and legal aspects of midwifery; nutrition during pregnancy 18.50.040 (2008 Ed.) Midwifery and lactation; breast feeding; nursing skills, including but not limited to injections, administering intravenous fluids, catheterization, and aseptic technique; and such other requirements prescribed by rule. (c) For a student midwife during training, undertaking the care of not less than fifty women in each of the prenatal, intrapartum, and early postpartum periods, but the same women need not be seen through all three periods. A student midwife may be issued a permit upon the satisfactory completion of the requirements in (a), (b), and (c) of this subsection and the satisfactory completion of the licensure examination required by RCW 18.50.060. The permit permits the student midwife to practice under the supervision of a midwife licensed under this chapter, a physician or a certified nursemidwife licensed under the authority of chapter 18.79 RCW. The permit shall expire within one year of issuance and may be extended as provided by rule. (d) Observing an additional fifty women in the intrapartum period before the candidate qualifies for a license. (3) Notwithstanding subsections (1) and (2) of this section, the department shall adopt rules to provide credit toward the educational requirements for licensure before July 1, 1988, of nonlicensed midwives, including rules to provide: (a) Credit toward licensure for documented deliveries; (b) The substitution of relevant experience for classroom time; and (c) That experienced lay midwives may sit for the licensing examination without completing the required course work. The training required under this section shall include training in either hospitals or alternative birth settings or both with particular emphasis on learning the ability to differentiate between low-risk and high-risk pregnancies. [1994 sp.s. c 9 § 705; 1991 c 3 § 106; 1987 c 467 § 3; 1986 c 299 § 24; 1981 c 53 § 6; 1917 c 160 § 2; RRS § 10175.] Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Severability—Effective date—1986 c 299: See RCW 28C.10.900 and 28C.10.902. Effective date—1981 c 53: See note following RCW 18.50.005. 18.50.045 Midwifery education programs—Accreditation. The secretary shall promulgate standards by rule under chapter 34.05 RCW for accrediting midwifery educational programs. The standards shall cover the provision of adequate clinical and didactic instruction in all subjects and noncurriculum matters under this section including, but not limited to, staffing and teacher qualifications. In developing the standards, the secretary shall be advised by and receive the recommendations of the midwifery advisory committee. [1991 c 3 § 107; 1981 c 53 § 7.] 18.50.045 18.50.050 Compliance with secretary’s determination. Applicants shall comply with administrative procedures, administrative requirements, and fees determined by the secretary as provided by RCW 43.70.250 and 43.70.280. [1996 c 191 § 24; 1991 c 3 § 108; 1985 c 7 § 48; 1975 1st ex.s. c 30 § 51; 1917 c 160 § 3; RRS § 10176.] 18.50.050 Limitation on increases in midwifery fees: RCW 43.24.086. (2008 Ed.) 18.50.115 18.50.060 Examinations—Times and places—Subjects—Issuance of license. (1) The secretary is hereby authorized and empowered to execute the provisions of this chapter and shall offer examinations in midwifery at least twice a year at such times and places as the secretary may select. The examinations shall be written and shall be in the English language. (2) The secretary, with the assistance of the midwifery advisory committee, shall develop or approve a licensure examination in the subjects that the secretary determines are within the scope of and commensurate with the work performed by a licensed midwife. The examination shall be sufficient to test the scientific and practical fitness of candidates to practice midwifery. All application papers shall be deposited with the secretary and there retained for at least one year, when they may be destroyed. (3) If the examination is satisfactorily completed, the secretary shall issue to such candidate a license entitling the candidate to practice midwifery in the state of Washington. [1991 c 3 § 109; 1987 c 467 § 4; 1981 c 53 § 8; 1979 c 158 § 43; 1917 c 160 § 4; RRS § 10177.] 18.50.060 Effective date—1981 c 53: See note following RCW 18.50.005. 18.50.065 Credentialing by endorsement. An applicant holding a credential in another state may be credentialed to practice in this state without examination if the secretary determines that the other state’s credentialing standards are substantially equivalent to the standards in this state. [1991 c 332 § 32.] 18.50.065 Application to scope of practice—Captions not law—1991 c 332: See notes following RCW 18.130.010. 18.50.102 Registration—Renewal fee. Every person licensed to practice midwifery shall register with the secretary and pay a renewal fee determined by the secretary as provided in RCW 43.70.250 and 43.70.280. [1996 c 191 § 25; 1991 c 3 § 110; 1985 c 7 § 49; 1981 c 53 § 13.] 18.50.102 Effective date—1981 c 53: See note following RCW 18.50.005. Limitation on increases in midwifery fees: RCW 43.24.086. 18.50.105 Inform patient of qualifications of midwife—Form. The secretary, with the advice of the midwifery advisory committee, shall develop a form to be used by a midwife to inform the patient of the qualifications of a licensed midwife. [1991 c 3 § 111; 1981 c 53 § 12.] 18.50.105 18.50.108 Written plan for consultation, emergency transfer, and transport. Every licensed midwife shall develop a written plan for consultation with other health care providers, emergency transfer, transport of an infant to a newborn nursery or neonatal intensive care nursery, and transport of a woman to an appropriate obstetrical department or patient care area. The written plan shall be submitted annually together with the license renewal fee to the department. [1981 c 53 § 14.] 18.50.108 Effective date—1981 c 53: See note following RCW 18.50.005. 18.50.115 Administration of drugs and medications—Rules. A midwife licensed under this chapter may obtain and administer prophylactic ophthalmic medication, 18.50.115 [Title 18 RCW—page 145] 18.50.126 Title 18 RCW: Businesses and Professions postpartum oxytocic, vitamin K, Rho immune globulin (human), and local anesthetic and may administer such other drugs or medications as prescribed by a physician. A pharmacist who dispenses such drugs to a licensed midwife shall not be liable for any adverse reactions caused by any method of use by the midwife. The secretary, after consultation with representatives of the midwife advisory committee, the board of pharmacy, and the medical quality assurance commission, may adopt rules that authorize licensed midwives to purchase and use legend drugs and devices in addition to the drugs authorized in this chapter. [1994 sp.s. c 9 § 707; 1991 c 3 § 112; 1987 c 467 § 6.] Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.50.126 Application of uniform disciplinary act. The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [1987 c 150 § 31; 1986 c 259 § 75.] 18.50.126 Severability—1987 c 150: See RCW 18.122.901. Severability—1986 c 259: See note following RCW 18.130.010. 18.50.130 "Certificate" and "license" synonymous. The words "certificate" and "license" shall be known as interchangeable terms in this chapter. [1917 c 160 § 11; RRS § 10184.] 18.50.900 Repeal and saving. All acts or parts of acts inconsistent with the provisions of this chapter may be and the same are hereby repealed: PROVIDED, This chapter shall not repeal the provisions of the vital statistics laws of the state, but shall be deemed as additional and cumulative provisions. [1917 c 160 § 10.] 18.50.900 Chapter 18.51 Sections 18.51.005 18.51.007 18.51.009 18.51.010 18.51.030 18.51.040 18.51.050 18.51.054 18.51.060 18.51.062 18.51.065 18.51.065 18.51.067 18.51.070 18.51.091 18.50.130 18.50.135 Rules. The secretary shall promulgate rules under chapter 34.05 RCW as are necessary to carry out the purposes of this chapter. [1991 c 3 § 113; 1981 c 53 § 15.] 18.50.135 Effective date—1981 c 53: See note following RCW 18.50.005. 18.50.140 Midwifery advisory committee—Generally. The midwifery advisory committee is created. The committee shall be composed of one physician who is a practicing obstetrician; one practicing physician; one certified nurse midwife licensed under chapter 18.79 RCW; three midwives licensed under this chapter; and one public member, who shall have no financial interest in the rendering of health services. The committee may seek other consultants as appropriate, including persons trained in childbirth education and perinatology or neonatology. The members are appointed by the secretary and serve at the pleasure of the secretary but may not serve more than five years consecutively. The terms of office shall be staggered. Members of the committee shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. [1994 sp.s. c 9 § 706; 1991 c 3 § 114; 1987 c 467 § 5; 1981 c 53 § 3.] 18.50.140 Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.50.150 Midwifery advisory committee—Advice and recommendations. The midwifery advisory committee shall advise and make recommendations to the secretary on issues including, but not limited to, continuing education, mandatory reexamination, and peer review. [1998 c 245 § 6; 1991 c 3 § 115; 1981 c 53 § 4.] 18.50.150 [Title 18 RCW—page 146] Chapter 18.51 RCW NURSING HOMES 18.51.140 18.51.145 18.51.150 18.51.160 18.51.170 18.51.180 18.51.185 18.51.190 18.51.200 18.51.210 18.51.220 18.51.230 18.51.240 18.51.250 18.51.260 18.51.270 18.51.280 18.51.290 18.51.300 18.51.310 18.51.320 18.51.350 18.51.400 18.51.410 18.51.420 18.51.430 18.51.440 18.51.450 18.51.460 18.51.470 18.51.480 18.51.490 18.51.500 18.51.510 18.51.520 18.51.530 Purpose. Legislative intent. Resident rights. Definitions. License required. Application for license. License—Issuance, renewal—Fee—Display. Denial of license. Penalties—Grounds. Temporary managers—Department shall indemnify, defend, and hold harmless. Penalties—Hearing (as amended by 1989 c 175). Penalties—Hearing (as amended by 1989 c 372). License suspension—Noncompliance with support order— Reissuance. Rules. Inspection of nursing homes and community-based services— Notice of violations—Approval of alterations or new facilities. Fire protection—Duties of chief of the Washington state patrol. Building inspections—Authority of chief of the Washington state patrol. Operating without license—Penalty. Operating without license—Injunction. Application of chapter to homes or institutions operated by certain religious organizations. Out-patient services—Authorized—Defined. Out-patient services—Cost studies—Vendor rates. Complaint of violation—Request for inspection—Notice— Confidentiality. Preliminary review of complaint—On-site investigation. Authority to enter and inspect nursing home—Advance notice—Defense. Retaliation or discrimination against complainant prohibited, penalty—Presumption. General inspection before license renewal—Required— Advance notice prohibited. Alterations or additions—Preliminary inspection and approval. Nursing homes without violations—Public agencies notified—Priority. Posting citations for violation of RCW 18.51.060. Annual report of citations—Publication—Contents. Chapter cumulative. Writings as public records. Retention and preservation of records of patients. Comprehensive plan for utilization review—Licensing standards—Regulations. Contact with animals—Rules. Conflict with federal requirements. Receivership—Legislative findings. Receivership—Petition to establish—Grounds. Receivership—Defenses to petition. Receivership—Persons qualified to act as receiver. Receivership—Judicial hearing. Receivership—Appointment of receiver. Receivership—Termination—Conditions. Receivership—Accounting of acts and expenditures by receiver. Receivership—Compensation, liability—Revision of medicaid reimbursement rate. Receivership—Powers of receiver. Receivership—Financial assistance—Use of revenues and proceeds of facility. Receivership—State medical assistance. Receivership—Foreclosures and seizures not allowed. Notice of change of ownership or management. (2008 Ed.) Nursing Homes 18.51.540 18.51.550 18.51.900 18.51.910 18.51.911 Cost disclosure to attending physicians. Investigation of complaints of violations concerning nursing technicians. Severability—1951 c 117. Nursing home advisory council—Termination. Nursing home advisory council—Repeal. Birthing centers: Chapter 18.46 RCW. Boarding homes: Chapter 18.20 RCW. Employment of dental hygienist without supervision of dentist authorized: RCW 18.29.056. Labor regulations, collective bargaining—Health care activities: Chapter 49.66 RCW. Resident care, operating standards: Chapter 74.42 RCW. 18.51.005 Purpose. The purpose of this chapter is to provide for the development, establishment, and enforcement of standards for the maintenance and operation of nursing homes, which, in the light of advancing knowledge, will promote safe and adequate care and treatment of the individuals therein. An important secondary purpose is the improvement of nursing home practices by educational methods so that such practices eventually exceed the minimum requirements of the basic law and its original standards. [1951 c 117 § 1.] 18.51.005 18.51.007 Legislative intent. It is the intent of the legislature in enacting chapter 99, Laws of 1975 1st ex. sess. to establish (1) a system for the imposition of prompt and effective sanctions against nursing homes in violation of the laws and regulations of this state relating to patient care; (2) an inspection and reporting system to insure that nursing homes are in compliance with state statutes and regulations pertaining to patient care; and (3) a mechanism to insure that licenses are issued to or retained by only those nursing homes that meet state standards for resident health and safety. [1981 1st ex.s. c 2 § 14; 1975 1st ex.s. c 99 § 3.] 18.51.007 Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010. 18.51.009 Resident rights. RCW 70.129.007, 70.129.105, and 70.129.150 through 70.129.170 apply to this chapter and persons regulated under this chapter. [1994 c 214 § 22.] 18.51.009 Severability—Conflict with federal requirements—Captions not law—1994 c 214: See RCW 70.129.900 through 70.129.902. 18.51.010 Definitions. (1) "Nursing home" means any home, place or institution which operates or maintains facilities providing convalescent or chronic care, or both, for a period in excess of twenty-four consecutive hours for three or more patients not related by blood or marriage to the operator, who by reason of illness or infirmity, are unable properly to care for themselves. Convalescent and chronic care may include but not be limited to any or all procedures commonly employed in waiting on the sick, such as administration of medicines, preparation of special diets, giving of bedside nursing care, application of dressings and bandages, and carrying out of treatment prescribed by a duly licensed practitioner of the healing arts. It may also include care of mentally incompetent persons. It may also include community-based care. Nothing in this definition shall be construed to include general hospitals or other places which provide care and treatment for the acutely ill and maintain and operate facili18.51.010 (2008 Ed.) 18.51.050 ties for major surgery or obstetrics, or both. Nothing in this definition shall be construed to include any boarding home, guest home, hotel or related institution which is held forth to the public as providing, and which is operated to give only board, room and laundry to persons not in need of medical or nursing treatment or supervision except in the case of temporary acute illness. The mere designation by the operator of any place or institution as a hospital, sanitarium, or any other similar name, which does not provide care for the acutely ill and maintain and operate facilities for major surgery or obstetrics, or both, shall not exclude such place or institution from the provisions of this chapter: PROVIDED, That any nursing home providing psychiatric treatment shall, with respect to patients receiving such treatment, comply with the provisions of RCW 71.12.560 and 71.12.570. (2) "Person" means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof. (3) "Secretary" means the secretary of the department of social and health services. (4) "Department" means the state department of social and health services. (5) "Community-based care" means but is not limited to the following: (a) Home delivered nursing services; (b) Personal care; (c) Day care; (d) Nutritional services, both in-home and in a communal dining setting; (e) Habilitation care; and (f) Respite care. [1983 c 236 § 1; 1981 1st ex.s. c 2 § 15; 1973 1st ex.s. c 108 § 1; 1953 c 160 § 1; 1951 c 117 § 2.] Construction—1983 c 236: "Nothing in this 1983 act affects the provisions of chapter 70.38 RCW." [1983 c 236 § 3.] Severability—1981 1st ex.s. c 2: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1981 1st ex.s. c 2 § 28.] Effective dates—1981 1st ex.s. c 2: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions. Sections 1, 2, 3, and 10 through 26 of this act shall take effect on July 1, 1981. Section 4 of this act shall take effect on July 1, 1983. Sections 5 through 9 of this act shall take effect on July 1, 1984." [1981 1st ex.s. c 2 § 27.] 18.51.030 License required. After July 1, 1951 no person shall operate or maintain a nursing home in this state without a license under this chapter. [1951 c 117 § 4.] 18.51.030 18.51.040 Application for license. An application for license shall be made to the department upon forms provided by it and shall contain such information as the department reasonably requires, which may include affirmative evidence of ability to comply with the rules and regulations as are lawfully prescribed hereunder. [1953 c 160 § 3; 1951 c 117 § 5.] 18.51.040 18.51.050 License—Issuance, renewal—Fee—Display. Upon receipt of an application for license, the department shall issue a license if the applicant and the nursing home facilities meet the requirements established under this chapter, except that the department shall issue a temporary license to a court-appointed receiver for a period not to 18.51.050 [Title 18 RCW—page 147] 18.51.054 Title 18 RCW: Businesses and Professions exceed six months from the date of appointment. Prior to the issuance or renewal of the license, the licensee shall pay a license fee as established by the department. No fee shall be required of government operated institutions or courtappointed receivers. All licenses issued under the provisions of this chapter shall expire on a date to be set by the department, but no license issued pursuant to this chapter shall exceed thirty-six months in duration. When a change of ownership occurs, the entity becoming the licensed operating entity of the facility shall pay a fee established by the department at the time of application for the license. The previously determined date of license expiration shall not change. The department shall establish license fees at an amount adequate to reimburse the department in full for all costs of its licensing activities for nursing homes, adjusted to cover the department’s cost of reimbursing such fees through medicaid. All applications and fees for renewal of the license shall be submitted to the department not later than thirty days prior to the date of expiration of the license. All applications and fees for change of ownership licenses shall be submitted to the department not later than sixty days before the date of the proposed change of ownership. Each license shall be issued only to the operating entity and those persons named in the license application. The license is valid only for the operation of the facility at the location specified in the license application. Licenses are not transferable or assignable. Licenses shall be posted in a conspicuous place on the licensed premises. [1991 sp.s. c 8 § 1; 1989 c 372 § 1; 1985 c 284 § 4; 1981 2nd ex.s. c 11 § 2; 1981 1st ex.s. c 2 § 17; 1975 1st ex.s. c 99 § 1; 1971 ex.s. c 247 § 2; 1953 c 160 § 4; 1951 c 117 § 6.] Effective date—1991 sp.s. c 8: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991." [1991 sp.s. c 8 § 21.] Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010. 18.51.054 Denial of license. The department may deny a license to any applicant if the department finds that the applicant or any partner, officer, director, managerial employee, or owner of five percent or more of the applicant: (1) Operated a nursing home without a license or under a revoked or suspended license; or (2) Knowingly or with reason to know made a false statement of a material fact (a) in an application for license or any data attached thereto, or (b) in any matter under investigation by the department; or (3) Refused to allow representatives or agents of the department to inspect (a) all books, records, and files required to be maintained or (b) any portion of the premises of the nursing home; or (4) Willfully prevented, interfered with, or attempted to impede in any way (a) the work of any authorized representative of the department or (b) the lawful enforcement of any provision of this chapter or chapter 74.42 RCW; or (5) Has a history of significant noncompliance with federal or state regulations in providing nursing home care. In deciding whether to deny a license under this section, the factors the department considers shall include the gravity and frequency of the noncompliance. [1989 c 372 § 7; 1985 c 284 § 1.] 18.51.054 [Title 18 RCW—page 148] 18.51.060 Penalties—Grounds. (1) In any case in which the department finds that a licensee, or any partner, officer, director, owner of five percent or more of the assets of the nursing home, or managing employee failed or refused to comply with the requirements of this chapter or of chapter 74.42 RCW, or the standards, rules and regulations established under them or, in the case of a Medicaid contractor, failed or refused to comply with the Medicaid requirements of Title XIX of the social security act, as amended, and regulations promulgated thereunder, the department may take any or all of the following actions: (a) Suspend, revoke, or refuse to renew a license; (b) Order stop placement; (c) Assess monetary penalties of a civil nature; (d) Deny payment to a nursing home for any Medicaid resident admitted after notice to deny payment. Residents who are Medicaid recipients shall not be responsible for payment when the department takes action under this subsection; (e) Appoint temporary management as provided in subsection (7) of this section. (2) The department may suspend, revoke, or refuse to renew a license, assess monetary penalties of a civil nature, or both, in any case in which it finds that the licensee, or any partner, officer, director, owner of five percent or more of the assets of the nursing home, or managing employee: (a) Operated a nursing home without a license or under a revoked or suspended license; or (b) Knowingly or with reason to know made a false statement of a material fact in his application for license or any data attached thereto, or in any matter under investigation by the department; or (c) Refused to allow representatives or agents of the department to inspect all books, records, and files required to be maintained or any portion of the premises of the nursing home; or (d) Willfully prevented, interfered with, or attempted to impede in any way the work of any duly authorized representative of the department and the lawful enforcement of any provision of this chapter or of chapter 74.42 RCW; or (e) Willfully prevented or interfered with any representative of the department in the preservation of evidence of any violation of any of the provisions of this chapter or of chapter 74.42 RCW or the standards, rules, and regulations adopted under them; or (f) Failed to report patient abuse or neglect in violation of chapter 70.124 RCW; or (g) Fails to pay any civil monetary penalty assessed by the department pursuant to this chapter within ten days after such assessment becomes final. (3) The department shall deny payment to a nursing home having a Medicaid contract with respect to any Medicaid-eligible individual admitted to the nursing home when: (a) The department finds the nursing home not in compliance with the requirements of Title XIX of the social security act, as amended, and regulations promulgated thereunder, and the facility has not complied with such requirements within three months; in such case, the department shall deny payment until correction has been achieved; or (b) The department finds on three consecutive standard surveys that the nursing home provided substandard quality of care; in such case, the department shall deny payment for 18.51.060 (2008 Ed.) Nursing Homes new admissions until the facility has demonstrated to the satisfaction of the department that it is in compliance with Medicaid requirements and that it will remain in compliance with such requirements. (4)(a) Civil penalties collected under this section or under chapter 74.42 RCW shall be deposited into a special fund administered by the department to be applied to the protection of the health or property of residents of nursing homes found to be deficient, including payment for the costs of relocation of residents to other facilities, maintenance of operation of a facility pending correction of deficiencies or closure, and reimbursement of residents for personal funds lost. (b) Civil monetary penalties, if imposed, may be assessed and collected, with interest, for each day a nursing home is or was out of compliance. Civil monetary penalties shall not exceed three thousand dollars per violation. Each day upon which the same or a substantially similar action occurs is a separate violation subject to the assessment of a separate penalty. (c) Any civil penalty assessed under this section or chapter 74.46 RCW shall be a nonreimbursable item under chapter 74.46 RCW. (5)(a) The department shall order stop placement on a nursing home, effective upon oral or written notice, when the department determines: (i) The nursing home no longer substantially meets the requirements of chapter 18.51 or 74.42 RCW, or in the case of medicaid contractors, the requirements of Title XIX of the social security act, as amended, and any regulations promulgated under such statutes; and (ii) The deficiency or deficiencies in the nursing home: (A) Jeopardize the health and safety of the residents, or (B) Seriously limit the nursing home’s capacity to provide adequate care. (b) When the department has ordered a stop placement, the department may approve a readmission to the nursing home from a hospital when the department determines the readmission would be in the best interest of the individual seeking readmission. (c) The department shall terminate the stop placement when: (i) The provider states in writing that the deficiencies necessitating the stop placement action have been corrected; and (ii) The department staff confirms in a timely fashion not to exceed fifteen working days that: (A) The deficiencies necessitating stop placement action have been corrected, and (B) The provider exhibits the capacity to maintain adequate care and service. (d) A nursing home provider shall have the right to an informal review to present written evidence to refute the deficiencies cited as the basis for the stop placement. A request for an informal review must be made in writing within ten days of the effective date of the stop placement. (e) A stop placement shall not be delayed or suspended because the nursing home requests a hearing pursuant to chapter 34.05 RCW or an informal review. The stop placement shall remain in effect until: (i) The department terminates the stop placement; or (2008 Ed.) 18.51.065 (ii) The stop placement is terminated by a final agency order, after a hearing, pursuant to chapter 34.05 RCW. (6) If the department determines that an emergency exists as a result of a nursing home’s failure or refusal to comply with requirements of this chapter or, in the case of a Medicaid contractor, its failure or refusal to comply with Medicaid requirements of Title XIX of the social security act, as amended, and rules adopted thereunder, the department may suspend the nursing home’s license and order the immediate closure of the nursing home, the immediate transfer of residents, or both. (7) If the department determines that the health or safety of residents is immediately jeopardized as a result of a nursing home’s failure or refusal to comply with requirements of this chapter or, in the case of a medicaid contractor, its failure or refusal to comply with medicaid requirements of Title XIX of the social security act, as amended, and rules adopted thereunder, the department may appoint temporary management to: (a) Oversee the operation of the facility; and (b) Ensure the health and safety of the facilities residents while: (i) Orderly closure of the facility occurs; or (ii) The deficiencies necessitating temporary management are corrected. (8) The department shall by rule specify criteria as to when and how the sanctions specified in this section shall be applied. Such criteria shall provide for the imposition of incrementally more severe penalties for deficiencies that are repeated, uncorrected, pervasive, or present a threat to the health, safety, or welfare of the residents. [1989 c 372 § 8; 1987 c 476 § 23; 1981 1st ex.s. c 2 § 18; 1979 ex.s. c 228 § 10; 1975 1st ex.s. c 99 § 2; 1953 c 160 § 5; 1951 c 117 § 7.] Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010. 18.51.062 Temporary managers—Department shall indemnify, defend, and hold harmless. The department shall indemnify, defend, and hold harmless any temporary manager appointed and acting under RCW 18.51.060(7) against claims made against the temporary manager for any actions by the temporary manager or its agents that do not amount to intentional torts or criminal behavior. [2005 c 375 § 1.] 18.51.062 18.51.065 18.51.065 Penalties—Hearing (as amended by 1989 c 175). ((All orders of the department denying, suspending, or revoking the license or assessing a monetary penalty shall become final twenty days after the same has been served upon the applicant or licensee unless a hearing is requested. All hearings hereunder and judicial review of such determinations shall be in accordance with the administrative procedure act, chapter 34.04 RCW.)) RCW 43.20A.205 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding. RCW 43.20A.215 governs notice of a civil fine and provides the right to an adjudicative proceeding. [1989 c 175 § 64; 1981 1st ex.s. c 2 § 19; 1975 1st ex.s. c 99 § 16.] Effective date—1989 c 175: See note following RCW 34.05.010. 18.51.065 18.51.065 Penalties—Hearing (as amended by 1989 c 372). (1) All orders of the department denying, suspending, or revoking the license or assessing a monetary penalty shall become final twenty days after the same has been served upon the applicant or licensee unless a hearing is requested. All orders of the department imposing stop placement, temporary manage[Title 18 RCW—page 149] 18.51.067 Title 18 RCW: Businesses and Professions ment, emergency closure, emergency transfer, or license suspension, shall be effective immediately upon notice. Orders of the department imposing denial of payment shall become final twenty days after the same has been served, unless a hearing is requested, except that such orders shall be effective immediately upon notice and pending any hearing when the department determines the deficiencies jeopardize the health and safety of the residents or seriously limit the nursing home’s capacity to provide adequate care. All hearings hereunder and judicial review of such determinations shall be in accordance with the administrative procedure act, chapter ((34.04)) 34.05 RCW, except that all orders of the department imposing stop placement, temporary management, emergency closure, emergency transfer, or license suspension shall be effective pending any hearing, and except that chapter 34.05 RCW shall have no application to receivership, which is instituted by direct petition to superior court as provided for in RCW 18.51.410 through 18.51.520. [1989 c 372 § 9; 1981 1st ex.s. c 2 § 19; 1975 1st ex.s. c 99 § 16.] Reviser’s note: RCW 18.51.065 was amended twice during the 1989 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025. Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010. 18.51.067 License suspension—Noncompliance with support order—Reissuance. The department shall immediately suspend the license of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services, division of [child] support, as a person who is not in compliance with a child support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department’s receipt of a release issued by the division of child support stating that the person is in compliance with the order. [1997 c 58 § 824.] 18.51.067 *Reviser’s note: 1997 c 58 § 887 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 18.51.070 Rules. The department, after consultation with the nursing home advisory council and the board of health, shall adopt, amend, and promulgate such rules, regulations, and standards with respect to all nursing homes to be licensed hereunder as may be designed to further the accomplishment of the purposes of this chapter in promoting safe and adequate medical and nursing care of individuals in nursing homes and the sanitary, hygienic and safe conditions of the nursing home in the interest of public health, safety, and welfare. [1979 ex.s. c 211 § 64; 1951 c 117 § 8.] 18.51.070 Effective date—1979 ex.s. c 211 § 64: "Section 64 of this 1979 act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately [May 30, 1979]." [1979 ex.s. c 211 § 71.] 18.51.091 Inspection of nursing homes and community-based services—Notice of violations—Approval of alterations or new facilities. The department shall make or 18.51.091 [Title 18 RCW—page 150] cause to be made at least one inspection of each nursing home prior to license renewal and shall inspect community-based services as part of the licensing renewal survey. The inspection shall be made without providing advance notice of it. Every inspection may include an inspection of every part of the premises and an examination of all records, methods of administration, the general and special dietary and the stores and methods of supply. Those nursing homes that provide community-based care shall establish and maintain separate and distinct accounting and other essential records for the purpose of appropriately allocating costs of the providing of such care: PROVIDED, That such costs shall not be considered allowable costs for reimbursement purposes under chapter 74.46 RCW. Following such inspection or inspections, written notice of any violation of this law or the rules and regulations promulgated hereunder, shall be given the applicant or licensee and the department. The notice shall describe the reasons for the facility’s noncompliance. The department may prescribe by regulations that any licensee or applicant desiring to make specified types of alterations or additions to its facilities or to construct new facilities shall, before commencing such alteration, addition or new construction, submit its plans and specifications therefor to the department for preliminary inspection and approval or recommendations with respect to compliance with the regulations and standards herein authorized. [1987 c 476 § 24; 1983 c 236 § 2; 1981 2nd ex.s. c 11 § 3; 1979 ex.s. c 211 § 63.] Construction—1983 c 236: See note following RCW 18.51.010. Effective date—1979 ex.s. c 211: See RCW 74.42.920. Nursing home standards: Chapter 74.42 RCW. 18.51.140 18.51.140 Fire protection—Duties of chief of the Washington state patrol. Standards for fire protection and the enforcement thereof, with respect to all nursing homes to be licensed hereunder, shall be the responsibility of the chief of the Washington state patrol, through the director of fire protection, who shall adopt such recognized standards as may be applicable to nursing homes for the protection of life against the cause and spread of fire and fire hazards. The department upon receipt of an application for a license, shall submit to the chief of the Washington state patrol, through the director of fire protection, in writing, a request for an inspection, giving the applicant’s name and the location of the premises to be licensed. Upon receipt of such a request, the chief of the Washington state patrol, through the director of fire protection, or his or her deputy, shall make an inspection of the nursing home to be licensed, and if it is found that the premises do not comply with the required safety standards and fire regulations as promulgated by the chief of the Washington state patrol, through the director of fire protection, he or she shall promptly make a written report to the nursing home and the department as to the manner and time allowed in which the premises must qualify for a license and set forth the conditions to be remedied with respect to fire regulations. The department, applicant or licensee shall notify the chief of the Washington state patrol, through the director of fire protection, upon completion of any requirements made by him or her, and the chief of the Washington state patrol, through the director of fire protection, or his or her deputy, shall make a reinspection of such premises. (2008 Ed.) Nursing Homes Whenever the nursing home to be licensed meets with the approval of the chief of the Washington state patrol, through the director of fire protection, he or she shall submit to the department, a written report approving same with respect to fire protection before a full license can be issued. The chief of the Washington state patrol, through the director of fire protection, shall make or cause to be made inspections of such nursing homes at least every eighteen months. In cities which have in force a comprehensive building code, the provisions of which are determined by the chief of the Washington state patrol, through the director of fire protection, to be equal to the minimum standards of the code for nursing homes adopted by the chief of the Washington state patrol, through the director of fire protection, the chief of the fire department, provided the latter is a paid chief of a paid fire department, shall make the inspection with the chief of the Washington state patrol, through the director of fire protection, or his or her deputy and they shall jointly approve the premises before a full license can be issued. [1995 1st sp.s. c 18 § 43; 1995 c 369 § 6; 1986 c 266 § 83; 1953 c 160 § 9; 1951 c 117 § 15.] 18.51.190 name of the state for an injunction or other process against any person to restrain or prevent the operation or maintenance of a nursing home without a license under this chapter. [1951 c 117 § 17.] Injunctions: Chapter 7.40 RCW. 18.51.170 18.51.170 Application of chapter to homes or institutions operated by certain religious organizations. Nothing in this chapter or the rules and regulations adopted pursuant thereto shall be construed as authorizing the supervision, regulation, or control of the remedial care or treatment of residents or patients in any nursing home or institution conducted for those who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well-recognized church or religious denomination, or for any nursing home or institution operated for the exclusive care of members of a convent as defined in RCW 84.36.800 or rectory, monastery, or other institution operated for the care of members of the clergy. [1977 c 48 § 1; 1951 c 117 § 21.] 18.51.180 Conflict with federal requirements—Severability—Effective date— 1995 1st sp.s. c 18: See notes following RCW 74.39A.030. Effective date—1995 c 369: See note following RCW 43.43.930. Severability—1986 c 266: See note following RCW 38.52.005. State fire protection: Chapter 43.44 RCW. 18.51.145 Building inspections—Authority of chief of the Washington state patrol. Inspections of nursing homes by local authorities shall be consistent with the requirements of chapter 19.27 RCW, the state building code. Findings of a serious nature shall be coordinated with the department and the chief of the Washington state patrol, through the director of fire protection, for determination of appropriate actions to ensure a safe environment for nursing home residents. The chief of the Washington state patrol, through the director of fire protection, shall have exclusive authority to determine appropriate corrective action under this section. [1995 c 369 § 7; 1986 c 266 § 84; 1983 1st ex.s. c 67 § 45; 1981 1st ex.s. c 2 § 16.] 18.51.145 Effective date—1995 c 369: See note following RCW 43.43.930. Severability—1986 c 266: See note following RCW 38.52.005. 18.51.180 Out-patient services—Authorized— Defined. A nursing home may, pursuant to rules and regulations adopted by the department of social and health services, offer out-patient services to persons who are not otherwise patients at such nursing home. Any certified nursing home offering out-patient services may receive payments from the federal medicare program for such services as are permissible under that program. Out-patient services may include any health or social care needs, except surgery, that could feasibly be offered on an out-patient basis. [1973 1st ex.s. c 71 § 1.] 18.51.185 18.51.185 Out-patient services—Cost studies—Vendor rates. The department of social and health services shall assist the nursing home industry in researching the costs of out-patient services allowed under RCW 18.51.180. Such cost studies shall be utilized by the department in the determination of reasonable vendor rates for nursing homes offering such services to insure an adequate return to the nursing homes and a cost savings to the state as compared to the cost of institutionalization. [1973 1st ex.s. c 71 § 2.] Severability—1983 1st ex.s. c 67: See RCW 74.46.905. Effective dates—1983 1st ex.s. c 67: See note following RCW 74.46.901. Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010. Conflict with federal requirements and this section: RCW 74.46.840. 18.51.150 Operating without license—Penalty. Any person operating or maintaining any nursing home without a license under this chapter shall be guilty of a misdemeanor and each day of a continuing violation after conviction shall be considered a separate offense. [1951 c 117 § 16.] 18.51.150 18.51.160 Operating without license—Injunction. Notwithstanding the existence or use of any other remedy, the department, may, in the manner provided by law, upon the advice of the attorney general who shall represent the department in the proceedings, maintain an action in the 18.51.160 (2008 Ed.) 18.51.190 18.51.190 Complaint of violation—Request for inspection—Notice—Confidentiality. Any person may request an inspection of any nursing home subject to licensing under this chapter in accordance with the provisions of this chapter by giving notice to the department of an alleged violation of applicable requirements of state law. The complainant shall be encouraged to submit a written, signed complaint following a verbal report. The substance of the complaint shall be provided to the licensee no earlier than at the commencement of the inspection. Neither the substance of the complaint provided the licensee nor any copy of the complaint or record published, released, or otherwise made available to the licensee shall disclose the name of any individual complainant or other person mentioned in the complaint, except the name or names of any duly authorized officer, employee, or agent of the department conducting the investigation or inspection pursuant to this chapter, unless such [Title 18 RCW—page 151] 18.51.200 Title 18 RCW: Businesses and Professions complainant specifically requests the release of such name or names. [1981 1st ex.s. c 2 § 20; 1975 1st ex.s. c 99 § 4.] Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010. 18.51.200 Preliminary review of complaint—On-site investigation. Upon receipt of a complaint, the department shall make a preliminary review of the complaint. Unless the department determines that the complaint is wilfully intended to harass a licensee or is without any reasonable basis, or unless the department has sufficient information that corrective action has been taken, it shall make an on-site investigation within a reasonable time after the receipt of the complaint or otherwise ensure complaints are responded to. In either event, the complainant shall be promptly informed of the department’s proposed course of action. If the complainant requests the opportunity to do so, the complainant or his representative, or both, may be allowed to accompany the inspector to the site of the alleged violations during his tour of the facility, unless the inspector determines that the privacy of any patient would be violated thereby. [1981 1st ex.s. c 2 § 21; 1975 1st ex.s. c 99 § 5.] this chapter within one year of the filing of the complaint or the institution of such action, shall raise a rebuttable presumption that such action was taken by the licensee in retaliation for the filing of the complaint. [1987 c 476 § 25; 1975 1st ex.s. c 99 § 7.] 18.51.200 Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010. 18.51.210 Authority to enter and inspect nursing home—Advance notice—Defense. (1) Any duly authorized officer, employee, or agent of the department may enter and inspect any nursing home, including, but not limited to, interviewing residents and reviewing records, at any time to enforce any provision of this chapter. Inspections conducted pursuant to complaints filed with the department shall be conducted in such a manner as to ensure maximum effectiveness. No advance notice shall be given of any inspection conducted pursuant to this chapter unless previously and specifically authorized by the secretary or required by federal law. (2) Any public employee giving such advance notice in violation of this section shall be suspended from all duties without pay for a period of not less than five nor more than fifteen days. (3) In any hearing held pursuant to this chapter, it shall be a defense to a violation relating to the standard of care to be afforded public patients to show that the department does not provide reasonable funds to meet the cost of reimbursement standard allegedly violated. [1981 1st ex.s. c 2 § 22; 1975 1st ex.s. c 99 § 6.] 18.51.210 Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010. 18.51.220 Retaliation or discrimination against complainant prohibited, penalty—Presumption. (1) No licensee shall discriminate or retaliate in any manner against a patient or employee in its nursing home on the basis or for the reason that such patient or employee or any other person has initiated or participated in any proceeding specified in this chapter. A licensee who violates this section is subject to a civil penalty of not more than three thousand dollars. (2) Any attempt to expel a patient from a nursing home, or any type of discriminatory treatment of a patient by whom, or upon whose behalf, a complaint has been submitted to the department or any proceeding instituted under or related to 18.51.220 [Title 18 RCW—page 152] 18.51.230 General inspection before license renewal—Required—Advance notice prohibited. The department shall, in addition to any inspections conducted pursuant to complaints filed pursuant to RCW 18.51.190, conduct at least one general inspection prior to license renewal of all nursing homes in the state without providing advance notice of such inspection. Periodically, such inspection shall take place in part between the hours of 7 p.m. and 5 a.m. or on weekends. [1981 2nd ex.s. c 11 § 4; 1975 1st ex.s. c 99 § 10.] 18.51.230 18.51.240 Alterations or additions—Preliminary inspection and approval. The department may prescribe by regulations that any licensee or applicant desiring to make specific types of alterations or additions to its facilities or to construct new facilities shall, before commencing such alteration, addition or new construction, submit its plans and specifications therefor to the department for preliminary inspection and approval or recommendations with respect to compliance with the regulations and standards herein authorized. [1981 1st ex.s. c 2 § 23; 1975 1st ex.s. c 99 § 11.] 18.51.240 Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010. 18.51.250 Nursing homes without violations—Public agencies notified—Priority. On or before February 1st of each year, the department shall notify all public agencies which refer patients to nursing homes of all of the nursing homes in the area found upon inspection within the previous twelve-month period to be without violations. Public agencies shall give priority to such nursing homes in referring publicly assisted patients. [1975 1st ex.s. c 99 § 12.] 18.51.250 18.51.260 Posting citations for violation of RCW 18.51.060. Each citation for a violation specified in RCW 18.51.060 which is issued pursuant to this section and which has become final, or a copy or copies thereof, shall be prominently posted, as prescribed in regulations issued by the director, until the violation is corrected to the satisfaction of the department up to a maximum of one hundred twenty days. The citation or copy shall be posted in a place or places in plain view of the patients in the nursing home, persons visiting those patients, and persons who inquire about placement in the facility. [1987 c 476 § 26; 1975 1st ex.s. c 99 § 13.] 18.51.260 18.51.270 Annual report of citations—Publication— Contents. The department shall annually publish a report listing all licensees by name and address, indicating (1) the number of citations and the nature of each citation issued to each licensee during the previous twelve-month period and the status of any action taken pursuant to each citation, including penalties assessed, and (2) the nature and status of action taken with respect to each uncorrected violation for which a citation is outstanding. 18.51.270 (2008 Ed.) Nursing Homes The report shall be available to the public, at cost, at all offices of the department. [1975 1st ex.s. c 99 § 14.] 18.51.410 sp.s. c 8 § 2; 1981 2nd ex.s. c 11 § 5; 1981 1st ex.s. c 2 § 12; 1980 c 184 § 5; 1979 ex.s. c 211 § 67; 1977 ex.s. c 244 § 1.] Effective date—1991 sp.s. c 8: See note following RCW 18.51.050. 18.51.280 Chapter cumulative. The remedies provided by this chapter are cumulative, and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the benefit of any party, and no judgment under this chapter shall preclude any party from obtaining additional relief based upon the same facts. [1975 1st ex.s. c 99 § 8.] 18.51.280 18.51.290 Writings as public records. Any writing received, owned, used, or retained by the department in connection with the provisions of this chapter is a public record and, as such, is open to public inspection. Copies of such records provided for public inspection shall comply with RCW 42.56.070(1). The names of duly authorized officers, employees, or agents of the department shall be included. [2005 c 274 § 225; 1980 c 184 § 4; 1975 1st ex.s. c 99 § 9.] 18.51.290 Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. Conflict with federal requirements—1980 c 184: See RCW 74.42.630. 18.51.300 Retention and preservation of records of patients. Unless specified otherwise by the department, a nursing home shall retain and preserve all records which relate directly to the care and treatment of a patient for a period of no less than eight years following the most recent discharge of the patient; except the records of minors, which shall be retained and preserved for a period of no less than three years following attainment of the age of eighteen years, or ten years following such discharge, whichever is longer. If a nursing home ceases operations, it shall make immediate arrangements, as approved by the department, for preservation of its records. The department shall by regulation define the type of records and the information required to be included in the records to be retained and preserved under this section; which records may be retained in photographic form pursuant to chapter 5.46 RCW. [1995 1st sp.s. c 18 § 44; 1981 1st ex.s. c 2 § 24; 1975 1st ex.s. c 175 § 2.] 18.51.300 Conflict with federal requirements—Severability—Effective date— 1995 1st sp.s. c 18: See notes following RCW 74.39A.030. Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010. Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010. Conflict with federal requirements—1980 c 184: See RCW 74.42.630. Effective date—1979 ex.s. c 211: See RCW 74.42.920. 18.51.320 Contact with animals—Rules. (1) A nursing home licensee shall give each patient a reasonable opportunity to have regular contact with animals. The licensee may permit appropriate animals to live in the facilities and may permit appropriate animals to visit if the animals are properly supervised. (2) The department shall adopt rules for the care, type, and maintenance of animals in nursing home facilities. [1984 c 127 § 2.] 18.51.320 Intent—1984 c 127: "The legislature finds that the senior citizens of this state, particularly those living in low-income public housing or in nursing homes, often lead lonely and harsh lives. The legislature recognizes that the warmth and companionship provided by pets can significantly improve the quality of senior citizens’ lives. This legislation is intended to insure that senior citizens and persons in nursing homes will not be deprived of access to pets." [1984 c 127 § 1.] 18.51.350 Conflict with federal requirements. If any part of this chapter is found to conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this chapter is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this chapter. [1981 2nd ex.s. c 11 § 1.] 18.51.350 18.51.400 Receivership—Legislative findings. The legislature finds that the closure of a nursing home can have devastating effects on residents and, under certain circumstances, courts should consider placing nursing homes in receivership. As receivership has long existed as a remedy to preserve assets subject to litigation and to reorganize troubled affairs, the legislature finds that receivership is to be used to correct problems associated with either the disregard of residents’ health, safety, or welfare or with the possible closure of the nursing home for any reason. [1987 c 476 § 9.] 18.51.400 18.51.410 Receivership—Petition to establish— Grounds. A petition to establish a receivership shall allege that one or more of the following conditions exist and that the current operator has demonstrated an inability or unwillingness to take actions necessary to immediately correct the conditions alleged: (1) The facility is operating without a license; (2) The facility has not given the department prior written notice of its intent to close and has not made arrangements within thirty days before closure for the orderly transfer of its residents: PROVIDED, That if the facility has given the department prior written notice but the department has not acted with all deliberate speed to transfer the facility’s residents, this shall bar the filing of a petition under this subsection; 18.51.410 18.51.310 Comprehensive plan for utilization review—Licensing standards—Regulations. (1) The department shall establish, in compliance with federal and state law, a comprehensive plan for utilization review as necessary to safeguard against unnecessary utilization of care and services and to assure quality care and services provided to nursing facility residents. (2) The department shall adopt licensing standards suitable for implementing the civil penalty system authorized under this chapter and chapter 74.46 RCW. (3) No later than July 1, 1981, the department shall adopt all those regulations which meet all conditions necessary to fully implement the civil penalty system authorized by this chapter, chapter 74.42 RCW, and chapter 74.46 RCW. [1991 18.51.310 (2008 Ed.) [Title 18 RCW—page 153] 18.51.420 Title 18 RCW: Businesses and Professions (3) The health, safety, or welfare of the facility’s residents is immediately jeopardized; (4) The facility demonstrates a pattern and practice of violating chapter 18.51 or 74.42 RCW and rules adopted thereunder such that the facility has demonstrated a repeated inability to maintain minimum patient care standards; or (5) The facility demonstrates a pattern or practice of violating a condition level as defined by the federal government under the authority of Title XIX of the social security act. The department may file a petition in the superior court in the county in which the nursing home is located or in the superior court of Thurston county. The current or former operator or licensee and the owner of the nursing home, if different than the operator or licensee, shall be made a party to the action. The court shall grant the petition if it finds, by a preponderance of the evidence, that one or more of the conditions listed in subsections (1) through (5) of this section exists and, subject to RCW 18.51.420, that the current operator is unable or unwilling to take actions necessary to immediately correct the conditions. [1989 c 372 § 10; 1987 c 476 § 10.] 18.51.420 Receivership—Defenses to petition. It shall be a defense to the petition to establish a receivership that the conditions alleged do not in fact exist. It shall not be a defense to the petition to allege that the respondent did not possess knowledge of the alleged condition or could not have been reasonably expected to know about the alleged condition. In a petition that alleges that the health, safety, or welfare of the residents of the facility is at issue, it shall not be a defense to the petition that the respondent had not been afforded a reasonable opportunity to correct the alleged condition. [1987 c 476 § 11.] 18.51.420 18.51.430 Receivership—Persons qualified to act as receiver. A petition for receivership shall include the name of the candidate for receiver. The department shall maintain a list of qualified persons to act as receivers, however, no person may be considered to be qualified to be a receiver who: (1) Is the owner, licensee, or administrator of the facility; (2) Is affiliated with the facility; (3) Has a financial interest in the facility at the time the receiver is appointed; or (4) Has owned or operated a nursing home that has been ordered into receivership. If a receiver is appointed, he or she may be drawn from the list but need not be, but an appointee shall have experience in providing long-term health care and a history of satisfactory operation of a nursing home. Preference may be granted to persons expressing an interest in permanent operation of the facility. [1989 c 372 § 3; 1987 c 476 § 12.] 18.51.430 18.51.440 Receivership—Judicial hearing. Upon receipt of a petition for receivership, the court shall hear the matter within fourteen days. Temporary relief may be obtained under chapter 7.40 RCW and other applicable laws. In all actions arising under RCW 18.51.410 through 18.51.530, the posting of a certified copy of the summons and petition in a conspicuous place in the nursing home shall constitute service of those documents upon the respondent. [1989 c 372 § 11; 1987 c 476 § 13.] 18.51.440 [Title 18 RCW—page 154] 18.51.450 Receivership—Appointment of receiver. Upon agreement of the candidate for receiver to the terms of the receivership and any special instructions of the court, the court may appoint that person as receiver of the nursing home if the court determines it is likely that a permanent operator will be found or conditions will be corrected without undue risk of harm to the patients. Appointment of a receiver may be in lieu of or in addition to temporary removal of some or all of the patients in the interests of their health, security, or welfare. A receiver shall be appointed for a term not to exceed six months, but a term may be extended for good cause shown. [1987 c 476 § 14.] 18.51.450 18.51.460 Receivership—Termination—Conditions. (1) The receivership shall terminate: (a) When all deficiencies have been eliminated and the court determines that the facility has the management capability to ensure continued compliance with all requirements; or (b) When all residents have been transferred and the facility closed. (2) Upon the termination of a receivership, the court may impose conditions to assure the continued compliance with chapters 18.51 and 74.42 RCW, and, in the case of medicaid contractors, continued compliance with Title XIX of the social security act, as amended, and regulations promulgated thereunder. [1989 c 372 § 12; 1987 c 476 § 15.] 18.51.460 18.51.470 Receivership—Accounting of acts and expenditures by receiver. The receiver shall render to the court an accounting of acts performed and expenditures made during the receivership. Nothing in this section relieves a court-appointed receiver from the responsibility of making all reports and certifications to the department required by law and regulation relating to the receiver’s operation of the nursing home, the care of its residents, and participation in the medicaid program, if any. [1987 c 476 § 16.] 18.51.470 18.51.480 Receivership—Compensation, liability— Revision of medicaid reimbursement rate. If a receiver is appointed, the court shall set reasonable compensation for the receiver to be paid from operating revenues of the nursing home. The receiver shall be liable in his or her personal capacity only for negligent acts, intentional acts, or a breach of a fiduciary duty to either the residents of the facility or the current or former licensee or owner of the facility. The department may revise the nursing home’s medicaid reimbursement rate, consistent with reimbursement principles in chapter 74.46 RCW and rules adopted under that chapter, if revision is necessary to cover the receiver’s compensation and other reasonable costs associated with the receivership and transition of control. Rate revision may also be granted if necessary to cover start-up costs and costs of repairs, replacements, and additional staff needed for patient health, security, or welfare. The property return on investment components of the medicaid rate shall be established for the receiver consistent with reimbursement principles in chapter 74.46 RCW. The department may also expedite the issuance of necessary licenses, contracts, and certifications, temporary or otherwise, necessary to carry out the purposes of receivership. [1987 c 476 § 17.] 18.51.480 (2008 Ed.) Nursing Homes 18.51.490 Receivership—Powers of receiver. Upon appointment of a receiver, the current or former licensee or operator and managing agent, if any, shall be divested of possession and control of the nursing home in favor of the receiver who shall have full responsibility and authority to continue operation of the home and the care of the residents. The receiver may perform all acts reasonably necessary to carry out the purposes of receivership, including, but not limited to: (1) Protecting the health, security, and welfare of the residents; (2) Remedying violations of state and federal law and regulations governing the operation of the home; (3) Hiring, directing, managing, and discharging all consultants and employees for just cause; discharging the administrator of the nursing home; recognizing collective bargaining agreements; and settling labor disputes; (4) Receiving and expending in a prudent manner all revenues and financial resources of the home; and (5) Making all repairs and replacements needed for patient health, security, and welfare: PROVIDED, That expenditures for repairs or replacements in excess of five thousand dollars shall require approval of the court which shall expedite approval or disapproval for such expenditure. Upon order of the court, a receiver may not be required to honor leases, mortgages, secured transactions, or contracts if the rent, price, or rate of interest was not a reasonable rent, price, or rate of interest at the time the contract was entered into or if a material provision of the contract is unreasonable. [1987 c 476 § 18.] 18.51.490 18.51.500 Receivership—Financial assistance—Use of revenues and proceeds of facility. Upon order of the court, the department shall provide emergency or transitional financial assistance to a receiver not to exceed thirty thousand dollars. The receiver shall file with the court an accounting for any money expended. Any emergency or transitional expenditure made by the department on behalf of a nursing home not certified to participate in the Medicaid Title XIX program shall be recovered from revenue generated by the facility which revenue is not obligated to the operation of the facility. An action to recover such sums may be filed by the department against the former licensee or owner at the time the expenditure is made, regardless of whether the facility is certified to participate in the Medicaid Title XIX program or not. In lieu of filing an action, the department may file a lien on the facility or on the proceeds of the sale of the facility. Such a lien shall take priority over all other liens except for liens for wages to employees. The owner of the facility shall be entitled to the proceeds of the facility or the sale of the facility to the extent that these exceed the liabilities of the facility, including liabilities to the state, receiver, employees, and contractors, at the termination of the receivership. Revenues relating to services provided by the current or former licensee, operator, or owner and available operating funds belonging to such licensee, operator, or owner shall be under the control of the receiver. The receiver shall consult the court in cases of extraordinary or questionable debts incurred prior to his or her appointment and shall not have the 18.51.500 (2008 Ed.) 18.51.540 power to close the home or sell any assets of the home without prior court approval. Priority shall be given to debts and expenditures directly related to providing care and meeting the needs of patients. Any payment made to the receiver shall discharge the obligation of the payor to the owner of the facility. [1989 c 372 § 4; 1987 c 476 § 19.] 18.51.510 Receivership—State medical assistance. If the nursing home is providing care to recipients of state medical assistance, the receiver shall become the medicaid contractor for the duration of the receivership period and shall assume all reporting and other responsibilities required by applicable laws and regulations. The receiver shall be responsible for the refund of medicaid rate payments in excess of costs during the period of the receivership. [1987 c 476 § 20.] 18.51.510 18.51.520 Receivership—Foreclosures and seizures not allowed. No seizure, foreclosure, or interference with nursing home revenues, supplies, real property, improvements, or equipment may be allowed for the duration of the receivership without prior court approval. [1987 c 476 § 21.] 18.51.520 18.51.530 Notice of change of ownership or management. At least sixty days before the effective date of any change of ownership, change of operating entity, or change of management of a nursing home, the current operating entity shall notify separately and in writing, each resident of the home or the resident’s guardian of the proposed change. The notice shall include the identity of the proposed new owner, operating entity, or managing entity and the names, addresses, and telephone numbers of departmental personnel to whom comments regarding the change may be directed. If the proposed new owner, operating entity, or managing entity is a corporation, the notice shall include the names of all officers and the registered agent in the state of Washington. If the proposed new owner, operating entity, or managing entity is a partnership, the notice shall include the names of all general partners. This section shall apply regardless of whether the current operating entity holds a medicaid provider contract with the department and whether the operating entity intends to enter such a contract. [1987 c 476 § 22.] 18.51.530 18.51.540 Cost disclosure to attending physicians. (1) The legislature finds that the spiraling costs of nursing home care continue to surmount efforts to contain them, increasing at approximately twice the inflationary rate. The causes of this phenomenon are complex. By making nursing home facilities and care providers more aware of the cost consequences of care services for consumers, these providers may be inclined to exercise more restraint in providing only the most relevant and cost-beneficial services and care, with a potential for reducing the utilization of those services. The requirement of the nursing home to inform physicians, consumers, and other care providers of the charges of the services that they order may have a positive effect on containing health costs. (2) All nursing home administrators in facilities licensed under this chapter shall be required to develop and maintain a written procedure for disclosing patient charges to attending 18.51.540 [Title 18 RCW—page 155] 18.51.550 Title 18 RCW: Businesses and Professions physicians with admitting privileges. The nursing home administrator shall have the capability to provide an itemized list of the charges for all health care services that may be ordered by a physician. The information shall be made available on request of consumers, or the physicians or other appropriate health care providers responsible for prescribing care. [1993 c 492 § 268.] Findings—Intent—1993 c 492: See notes following RCW 43.20.050. Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915. 18.51.550 Investigation of complaints of violations concerning nursing technicians. The department shall investigate complaints of violations of RCW 18.79.350 and 18.79.360 by an employer. The department shall maintain records of all employers that have violated RCW 18.79.350 and 18.79.360. [2003 c 258 § 9.] 18.51.550 Severability—Effective date—2003 c 258: See notes following RCW 18.79.330. 18.51.900 Severability—1951 c 117. If any provision of this act or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions or application of this act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are declared to be severable. [1951 c 117 § 22.] 18.51.900 18.51.910 Nursing home advisory council—Termination. The nursing home advisory council and its powers and duties shall be terminated on June 30, 1992, as provided in RCW 18.51.911. [1990 c 297 § 3; 1988 c 288 § 4; 1986 c 270 § 3; 1983 c 197 § 24. Formerly RCW 43.131.301.] 18.51.910 18.51.911 Nursing home advisory council—Repeal. The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 1993: (1) Section 11, chapter 117, Laws of 1951, section 1, chapter 85, Laws of 1971 ex. sess., section 65, chapter 211, Laws of 1979 ex. sess., section 39, chapter 287, Laws of 1984 and RCW 18.51.100; and (2) Section 12, chapter 117, Laws of 1951, section 66, chapter 211, Laws of 1979 ex. sess. and RCW 18.51.110. [1990 c 297 § 4; 1988 c 288 § 5; 1986 c 270 § 4; 1983 c 197 § 50. Formerly RCW 43.131.302.] 18.51.911 Chapter 18.52 Chapter 18.52 RCW NURSING HOME ADMINISTRATORS Sections 18.52.010 18.52.020 18.52.025 18.52.030 18.52.040 18.52.050 18.52.061 18.52.066 18.52.071 18.52.110 18.52.130 Short title—Intent. Definitions. Authority of secretary of health. Management and supervision of nursing homes by licensed administrators required. Board of nursing home administrators—Created—Membership. Board—Generally. Board—Authority. Application of uniform disciplinary act. Qualifications of licensees. License renewal. Recognition of out-of-state licensees. [Title 18 RCW—page 156] 18.52.140 18.52.160 18.52.900 Penalty for unlicensed acts. Examinations—Times and places—Meetings of board. Severability—1970 ex.s. c 57. Labor regulations, collective bargaining—Health care activities: Chapter 49.66 RCW. 18.52.010 Short title—Intent. This chapter shall be known as the "Nursing Home Administrator Licensing Act" and is intended to establish and provide for the enforcement of standards for the licensing of nursing home administrators. The legislature finds that the quality of patient care in nursing homes is directly related to the competence of the nursing home administrators. It is the intent of this chapter that licensed nursing home administrators continually maintain (1) the suitable character required and (2) the capacity to consider the available resources and personnel of the facility subject to their authority and come to reasonable decisions implementing patient care. [1977 ex.s. c 243 § 1; 1970 ex.s. c 57 § 1.] 18.52.010 18.52.020 Definitions. When used in this chapter, unless the context otherwise clearly requires: (1) "Board" means the state board of nursing home administrators representative of the professions and institutions concerned with the care of the chronically ill and infirm aged patients. (2) "Secretary" means the secretary of health or the secretary’s designee. (3) "Nursing home" means any facility or portion thereof licensed under state law as a nursing home. (4) "Nursing home administrator" means an individual qualified by education, experience, training, and examination to administer a nursing home. A nursing home administrator administering a nursing home must be in active administrative charge as defined by the board. Nothing in this definition or this chapter shall be construed to prevent any person, so long as he or she is otherwise qualified, from obtaining and maintaining a license even though he or she has not administered or does not continue to administer a nursing home. [1992 c 53 § 1; 1991 c 3 § 116; 1979 c 158 § 44; 1970 ex.s. c 57 § 2.] 18.52.020 18.52.025 Authority of secretary of health. In addition to any other authority provided by law, the secretary shall have the following authority: (1) To set all fees required in this chapter in accordance with RCW 43.70.250 which may include fees for approval of continuing competency, supervision of practical experience, all applications, verification, renewal, examination, and late penalties; (2) To establish forms necessary to administer this chapter; (3) To issue a license to any applicant who has met the education, training, and examination requirements for licensure and deny a license to applicants who do not meet the minimum qualifications for licensure, except that proceedings concerning the denial of licenses based on unprofessional conduct or impaired practice shall be governed by the uniform disciplinary act, chapter 18.130 RCW; (4) To employ clerical, administrative, and investigative staff as needed to implement and administer this chapter and 18.52.025 (2008 Ed.) Nursing Home Administrators to employ individuals including those licensed under this chapter to serve as examiners or consultants as necessary to implement and administer this chapter; and (5) To maintain the official department record of all applicants and licensees. [1992 c 53 § 2.] 18.52.030 Management and supervision of nursing homes by licensed administrators required. Nursing homes operating within this state shall be under the active, overall administrative charge and supervision of an on-site full-time administrator licensed as provided in this chapter. No person acting in any capacity, unless the holder of a nursing home administrator’s license issued under this chapter, shall be charged with the overall responsibility to make decisions or direct actions involved in managing the internal operation of a nursing home, except as specifically delegated in writing by the administrator to identify a responsible person to act on the administrator’s behalf when the administrator is absent. The administrator shall review the decisions upon the administrator’s return and amend the decisions if necessary. The board shall define by rule the parameters for on-site full-time administrators in nursing homes with small resident populations and nursing homes in rural areas, or separately licensed facilities collocated on the same campus. [2000 c 93 § 6; 1992 c 53 § 3; 1970 ex.s. c 57 § 3.] 18.52.030 18.52.040 Board of nursing home administrators— Created—Membership. The state board of nursing home administrators shall consist of nine members appointed by the governor. Four members shall be persons licensed under this chapter who have at least four years actual experience in the administration of a licensed nursing home in this state immediately preceding appointment to the board and who are not employed by the state or federal government. Four members shall be representatives of the health care professions providing medical or nursing services in nursing homes who are privately or self-employed; or shall be persons employed by educational institutions who have special knowledge or expertise in the field of health care administration, health care education or long-term care or both, or care of the aged and chronically ill. One member shall be a resident of a nursing home or a family member of a resident or a person eligible for medicare. No member who is a nonadministrator representative shall have any direct or family financial interest in nursing homes while serving as a member of the board. The governor shall consult with and seek the recommendations of the appropriate statewide business and professional organizations and societies primarily concerned with long term health care facilities in the course of considering his appointments to the board. Board members currently serving shall continue to serve until the expiration of their appointments. [1992 c 53 § 4; 1975 1st ex.s. c 97 § 1; 1970 ex.s. c 57 § 4.] 18.52.040 18.52.050 Board—Generally. Members of the board shall be citizens of the United States and residents of this state. All administrator members of the board shall be holders of licenses under this chapter. The terms of all members shall be five years. Any board member may be removed for just cause including a finding of fact of unprofessional conduct or 18.52.050 (2008 Ed.) 18.52.071 impaired practice. The governor may appoint a new member to fill any vacancy on the board for the remainder of the unexpired term. No board member may serve more than two consecutive terms, whether full or partial. Board members shall serve until their successors are appointed. Board members shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. The board may elect annually a chair and vice-chair to direct the meetings of the board. The board shall meet at least four times each year and may hold additional meetings as called by the secretary or the chair. [1992 c 53 § 5; 1970 ex.s. c 57 § 5.] 18.52.061 Board—Authority. In addition to any authority provided by law, the board shall have the following authority: (1) To adopt rules in accordance with chapter 34.05 RCW necessary to implement this chapter; (2) To prepare and administer or approve the preparation and administration of examinations for licensure; (3) To conduct a hearing on an appeal of a denial of license based on the applicant’s failure to meet the minimum qualifications for licensure. The hearing shall be conducted pursuant to chapter 34.05 RCW; (4) To establish by rule the procedures for an appeal of an examination failure; (5) To adopt rules implementing a continuing competency program; (6) To issue subpoenas, statements of charges, statements of intent to deny licenses, and orders, and to delegate in writing to a designee to issue subpoenas; and (7) To issue temporary license permits under circumstances defined by the board. [1992 c 53 § 6.] 18.52.061 18.52.066 Application of uniform disciplinary act. The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [1987 c 150 § 32.] 18.52.066 Severability—1987 c 150: See RCW 18.122.901. 18.52.071 Qualifications of licensees. The department shall issue a license to any person applying for a nursing home administrator’s license who meets the following requirements: (1) Successful completion of the requirements for a baccalaureate degree from a recognized institution of higher learning and any federal requirements; (2) Successful completion of a practical experience requirement as determined by the board; (3) Successful completion of examinations administered or approved by the board, or both, which shall be designed to test the candidate’s competence to administer a nursing home; (4) At least twenty-one years of age; and (5) Not having engaged in unprofessional conduct as defined in RCW 18.130.180 or being unable to practice with reasonable skill and safety as defined in RCW 18.130.170. The board shall establish by rule what constitutes adequate proof of meeting the above requirements. 18.52.071 [Title 18 RCW—page 157] 18.52.110 Title 18 RCW: Businesses and Professions A limited license indicating the limited extent of authority to administer institutions conducted by and for those who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well-recognized church or religious denomination shall be issued to individuals demonstrating membership in such church or denomination. However, nothing in this chapter shall be construed to require an applicant employed by such institution to demonstrate proficiency in any medical techniques or to meet any medical educational qualifications or medical standards not in accord with the remedial care and treatment provided in such institutions. [1996 c 271 § 1; 1992 c 53 § 7.] 18.52.110 License renewal. (1) Every holder of a nursing home administrator’s license shall renew that license by fulfilling the continuing competency requirement and by complying with administrative procedures, administrative requirements, and fees as determined according to RCW 43.70.250 and 43.70.280. The board may prescribe rules for maintenance of a license for temporary or permanent withdrawal or retirement from the active practice of nursing home administration. (2) A condition of renewal shall be the presentation of proof by the applicant that the board requirement for continuing competency related to the administration of nursing homes has been met. [1996 c 191 § 26; 1992 c 53 § 8; 1991 c 3 § 120; 1984 c 279 § 69; 1975 1st ex.s. c 30 § 54; 1971 ex.s. c 266 § 9; 1970 ex.s. c 57 § 11.] 18.52.110 Severability—1984 c 279: See RCW 18.130.901. 18.52.130 Recognition of out-of-state licensees. The secretary may issue a nursing home administrator’s license to anyone who holds a current administrator’s license from another jurisdiction upon receipt of an application and complying with administrative procedures, administrative requirements, and fees determined according to RCW 43.70.250 and 43.70.280, if the standards for licensing in such other jurisdiction are substantially equivalent to those prevailing in this state, and that the applicant is otherwise qualified as determined by the board. [1996 c 191 § 27; 1992 c 53 § 9; 1991 c 3 § 121; 1985 c 7 § 50; 1975 1st ex.s. c 30 § 55; 1970 ex.s. c 57 § 13.] 18.52.130 18.52.140 Penalty for unlicensed acts. It shall be unlawful and constitute a gross misdemeanor for any person to act or serve in the capacity of a nursing home administrator unless he or she is the holder of a nursing home administrator’s license issued in accordance with the provisions of this chapter: PROVIDED HOWEVER, That persons carrying out functions and duties delegated by a licensed administrator as defined in RCW 18.52.030 shall not be construed to be committing any unlawful act under this chapter. [1992 c 53 § 10; 1970 ex.s. c 57 § 14.] 18.52.140 18.52.160 Examinations—Times and places—Meetings of board. The board shall meet as often as may be necessary to carry out the duties of the board under this chapter. Examinations shall be administered at intervals not less than semiannually and at such times and places as may be determined by the board. There shall not be a limit upon the num18.52.160 [Title 18 RCW—page 158] ber of times a candidate may take the required examination. [1984 c 279 § 71; 1970 ex.s. c 57 § 17.] Severability—1984 c 279: See RCW 18.130.901. 18.52.900 Severability—1970 ex.s. c 57. If any provision of this 1970 act, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable. [1970 ex.s. c 57 § 20.] 18.52.900 Chapter 18.52C Chapter 18.52C RCW NURSING POOLS Sections 18.52C.010 18.52C.020 18.52C.030 18.52C.040 Legislative intent. Definitions. Registration required. Duties of nursing pool—Application of uniform disciplinary act—Criminal background checks. 18.52C.050 Registration prerequisite to state reimbursement. 18.52C.010 Legislative intent. The legislature intends to protect the public’s right to high quality health care by assuring that nursing pools employ, procure or refer competent and qualified health care or long-term care personnel, and that such personnel are provided to health care facilities, agencies, or individuals in a way to meet the needs of residents and patients. [1997 c 392 § 526; 1988 c 243 § 1.] 18.52C.010 Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009. 18.52C.020 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Secretary" means the secretary of the department of health. (2) "Health care facility" means a nursing home, hospital, hospice care facility, home health care agency, hospice agency, boarding home, group home, or other entity for the delivery of health care or long-term care services, including chore services provided under chapter 74.39A RCW. (3) "Nursing home" means any nursing home facility licensed pursuant to chapter 18.52 RCW. (4) "Nursing pool" means any person engaged in the business of providing, procuring, or referring health care or long-term care personnel for temporary employment in health care facilities, such as licensed nurses or practical nurses, nursing assistants, and chore service providers. "Nursing pool" does not include an individual who only engages in providing his or her own services. (5) "Person" includes an individual, firm, corporation, partnership, or association. (6) "Adult family home" means a residential home licensed pursuant to chapter 70.128 RCW. [2001 c 319 § 3; 1997 c 392 § 527; 1991 c 3 § 130; 1988 c 243 § 2.] 18.52C.020 Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009. (2008 Ed.) Optometry 18.52C.030 18.52C.030 Registration required. A person who operates a nursing pool shall register the pool with the secretary. Each separate location of the business of a nursing pool shall have a separate registration. The secretary shall establish administrative procedures, administrative requirements, and fees as provided in RCW 43.70.250 and 43.70.280. [1996 c 191 § 28; 1991 c 3 § 131; 1988 c 243 § 3.] 18.52C.040 18.52C.040 Duties of nursing pool—Application of uniform disciplinary act—Criminal background checks. (1) The nursing pool shall document that each temporary employee or referred independent contractor provided or referred to health care facilities currently meets the applicable minimum state credentialing requirements. (2) The nursing pool shall not require, as a condition of employment or referral, that employees or independent contractors of the nursing pool recruit new employees or independent contractors for the nursing pool from among the permanent employees of the health care facility to which the nursing pool employee or independent contractor has been assigned or referred. (3) The nursing pool shall carry professional and general liability insurance to insure against any loss or damage occurring, whether professional or otherwise, as the result of the negligence of its employees, agents or independent contractors for acts committed in the course of their employment with the nursing pool: PROVIDED, That a nursing pool that only refers self-employed, independent contractors to health care facilities shall carry professional and general liability insurance to cover its own liability as a nursing pool which refers self-employed, independent contractors to health care facilities: AND PROVIDED FURTHER, That it shall require, as a condition of referral, that self-employed, independent contractors carry professional and general liability insurance to insure against loss or damage resulting from their own acts committed in the course of their own employment by a health care facility. (4) The uniform disciplinary act, chapter 18.130 RCW, shall govern the issuance and denial of registration and the discipline of persons registered under this chapter. The secretary shall be the disciplinary authority under this chapter. (5) The nursing pool shall conduct a criminal background check on all employees and independent contractors as required under RCW 43.43.842 prior to employment or referral of the employee or independent contractor. [1997 c 392 § 528; 1991 c 3 § 132; 1988 c 243 § 4.] Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009. 18.52C.050 18.52C.050 Registration prerequisite to state reimbursement. No state agency shall allow reimbursement for the use of temporary health care personnel from nursing pools that are not registered pursuant to this chapter: PROVIDED, That individuals directly retained by a health care facility without intermediaries may be reimbursed. [1988 c 243 § 5.] (2008 Ed.) 18.53.010 Chapter 18.53 Chapter 18.53 RCW OPTOMETRY Sections 18.53.003 18.53.005 18.53.010 18.53.021 18.53.030 18.53.035 18.53.040 18.53.050 18.53.060 18.53.070 18.53.100 18.53.101 18.53.140 18.53.145 18.53.150 18.53.160 18.53.165 18.53.170 18.53.175 18.53.180 18.53.185 18.53.190 18.53.200 18.53.210 18.53.900 18.53.901 18.53.910 18.53.911 18.53.912 18.53.920 Regulation of health care professions—Criteria. Legislative finding and declaration. Definition—Scope of practice. License required. Temporary permit—When issued. Credentialing by endorsement. Exemptions—Exceptions—Limitation. License renewal. License applicants—Eligibility—Qualifications—Examinations—Exception. Licensing—Procedures, requirements, fees. Disciplinary action—Grounds. Application of uniform disciplinary act. Unlawful acts. Unlawful advertising of indemnity benefits. Violations generally—Penalty. Public aid ocular services—Discrimination prohibited. Discrimination prohibited—Legislative finding and declaration. Discrimination prohibited—Acceptance of services by state agencies and subdivisions. Discrimination prohibited—State agencies and subdivisions— Officials and employees. Discrimination prohibited—Agreements or contracts by state and subdivisions. Discrimination prohibited—Costs immaterial. Discrimination prohibited—Application of law. Privileged communications. Inactive license status. Short title—1919 c 144. Severability—1973 c 48. Severability—1919 c 144. Severability—1975 1st ex.s. c 69. Severability—1981 c 58. Repeal—1919 c 144. Reviser’s note: Certain powers and duties of the department of licensing and the director of licensing transferred to the department of health and the secretary of health. See RCW 43.70.220. Health professions account—Fees credited—Requirements for biennial budget request—Unappropriated funds: RCW 43.70.320. Homeless person vision services: RCW 43.20A.800 through 43.20A.850. Rebating by practitioners of healing professions prohibited: Chapter 19.68 RCW. 18.53.003 Regulation of health care professions— Criteria. See chapter 18.120 RCW. 18.53.003 18.53.005 Legislative finding and declaration. The legislature finds and declares that the practice of optometry is a learned profession and affects the health, welfare and safety of the people of this state, and should be regulated in the public interest and limited to qualified persons licensed and authorized to practice under the provisions of chapters 18.53 and 18.54 RCW. [1981 c 58 § 1; 1975 1st ex.s. c 69 § 1.] 18.53.005 18.53.010 Definition—Scope of practice. (1) The practice of optometry is defined as the examination of the human eye, the examination and ascertaining any defects of the human vision system and the analysis of the process of vision. The practice of optometry may include, but not necessarily be limited to, the following: (a) The employment of any objective or subjective means or method, including the use of drugs, for diagnostic and therapeutic purposes by those licensed under this chapter and who meet the requirements of subsections (2) and (3) of this section, and the use of any diagnostic instruments or devices for the examination or analysis of the human vision 18.53.010 [Title 18 RCW—page 159] 18.53.010 Title 18 RCW: Businesses and Professions system, the measurement of the powers or range of human vision, or the determination of the refractive powers of the human eye or its functions in general; and (b) The prescription and fitting of lenses, prisms, therapeutic or refractive contact lenses and the adaption or adjustment of frames and lenses used in connection therewith; and (c) The prescription and provision of visual therapy, therapeutic aids, and other optical devices; and (d) The ascertainment of the perceptive, neural, muscular, or pathological condition of the visual system; and (e) The adaptation of prosthetic eyes. (2)(a) Those persons using topical drugs for diagnostic purposes in the practice of optometry shall have a minimum of sixty hours of didactic and clinical instruction in general and ocular pharmacology as applied to optometry, as established by the board, and certification from an institution of higher learning, accredited by those agencies recognized by the United States office of education or the council on postsecondary accreditation to qualify for certification by the optometry board of Washington to use drugs for diagnostic purposes. (b) Those persons using or prescribing topical drugs for therapeutic purposes in the practice of optometry must be certified under (a) of this subsection, and must have an additional minimum of seventy-five hours of didactic and clinical instruction as established by the board, and certification from an institution of higher learning, accredited by those agencies recognized by the United States office of education or the council on postsecondary accreditation to qualify for certification by the optometry board of Washington to use drugs for therapeutic purposes. (c) Those persons using or prescribing drugs administered orally for diagnostic or therapeutic purposes in the practice of optometry shall be certified under (b) of this subsection, and shall have an additional minimum of sixteen hours of didactic and eight hours of supervised clinical instruction as established by the board, and certification from an institution of higher learning, accredited by those agencies recognized by the United States office of education or the council on postsecondary accreditation to qualify for certification by the optometry board of Washington to administer, dispense, or prescribe oral drugs for diagnostic or therapeutic purposes. (d) Those persons administering epinephrine by injection for treatment of anaphylactic shock in the practice of optometry must be certified under (b) of this subsection and must have an additional minimum of four hours of didactic and supervised clinical instruction, as established by the board, and certification from an institution of higher learning, accredited by those agencies recognized by the United States office of education or the council on postsecondary accreditation to qualify for certification by the optometry board to administer epinephrine by injection. (e) Such course or courses shall be the fiscal responsibility of the participating and attending optometrist. (f)(i) All persons receiving their initial license under this chapter on or after January 1, 2007, must be certified under (a), (b), (c), and (d) of this subsection. (ii) All persons licensed under this chapter on or after January 1, 2009, must be certified under (a) and (b) of this subsection. [Title 18 RCW—page 160] (iii) All persons licensed under this chapter on or after January 1, 2011, must be certified under (a), (b), (c), and (d) of this subsection. (3) The board shall establish a list of topical drugs for diagnostic and treatment purposes limited to the practice of optometry, and no person licensed pursuant to this chapter shall prescribe, dispense, purchase, possess, or administer drugs except as authorized and to the extent permitted by the board. (4) The board must establish a list of oral Schedule III through V controlled substances and any oral legend drugs, with the approval of and after consultation with the board of pharmacy. No person licensed under this chapter may use, prescribe, dispense, purchase, possess, or administer these drugs except as authorized and to the extent permitted by the board. No optometrist may use, prescribe, dispense, or administer oral corticosteroids. (a) The board, with the approval of and in consultation with the board of pharmacy, must establish, by rule, specific guidelines for the prescription and administration of drugs by optometrists, so that licensed optometrists and persons filling their prescriptions have a clear understanding of which drugs and which dosages or forms are included in the authority granted by this section. (b) An optometrist may not: (i) Prescribe, dispense, or administer a controlled substance for more than seven days in treating a particular patient for a single trauma, episode, or condition or for pain associated with or related to the trauma, episode, or condition; or (ii) Prescribe an oral drug within ninety days following ophthalmic surgery unless the optometrist consults with the treating ophthalmologist. (c) If treatment exceeding the limitation in (b)(i) of this subsection is indicated, the patient must be referred to a physician licensed under chapter 18.71 RCW. (d) The prescription or administration of drugs as authorized in this section is specifically limited to those drugs appropriate to treatment of diseases or conditions of the human eye and the adnexa that are within the scope of practice of optometry. The prescription or administration of drugs for any other purpose is not authorized by this section. (5) The board shall develop a means of identification and verification of optometrists certified to use therapeutic drugs for the purpose of issuing prescriptions as authorized by this section. (6) Nothing in this chapter may be construed to authorize the use, prescription, dispensing, purchase, possession, or administration of any Schedule I or II controlled substance. The provisions of this subsection must be strictly construed. (7) With the exception of the administration of epinephrine by injection for the treatment of anaphylactic shock, no injections or infusions may be administered by an optometrist. (8) Nothing in this chapter may be construed to authorize optometrists to perform ophthalmic surgery. Ophthalmic surgery is defined as any invasive procedure in which human tissue is cut, ablated, or otherwise penetrated by incision, injection, laser, ultrasound, or other means, in order to: Treat human eye diseases; alter or correct refractive error; or alter or enhance cosmetic appearance. Nothing in this chapter lim(2008 Ed.) Optometry its an optometrist’s ability to use diagnostic instruments utilizing laser or ultrasound technology. Ophthalmic surgery, as defined in this subsection, does not include removal of superficial ocular foreign bodies, epilation of misaligned eyelashes, placement of punctal or lacrimal plugs, diagnostic dilation and irrigation of the lacrimal system, orthokeratology, prescription and fitting of contact lenses with the purpose of altering refractive error, or other similar procedures within the scope of practice of optometry. [2006 c 232 § 1; 2003 c 142 § 1; 1989 c 36 § 1; 1981 c 58 § 2; 1975 1st ex.s. c 69 § 2; 1919 c 144 § 1; RRS § 10147. Prior: 1909 c 235 § 1.] Severability—2003 c 142: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2003 c 142 § 5.] 18.53.021 License required. It is a violation of RCW 18.130.190 for any person to practice optometry in this state without first obtaining a license from the secretary of health. [1991 c 3 § 133; 1987 c 150 § 38.] 18.53.021 Severability—1987 c 150: See RCW 18.122.901. 18.53.030 Temporary permit—When issued. The board may at its discretion, issue a permit to practice optometry during the interim between examinations, to any person who has filed an application for examination which has been accepted by the board as admitting the applicant to the next examination. Such permit shall be valid only until the date of the next examination and shall not be issued sooner than thirty days following any regular examination, and no permit shall be issued to any person who has failed before the board, nor where a certificate has been revoked. [1986 c 259 § 80; 1919 c 144 § 8; RRS § 10153.] 18.53.030 Severability—1986 c 259: See note following RCW 18.130.010. 18.53.035 Credentialing by endorsement. An applicant holding a credential in another state may be credentialed to practice in this state without examination if the board determines that the other state’s credentialing standards are substantially equivalent to the standards in this state. [1991 c 332 § 30.] 18.53.035 Application to scope of practice—Captions not law—1991 c 332: See notes following RCW 18.130.010. 18.53.040 Exemptions—Exceptions—Limitation. Nothing in this chapter shall be construed to pertain in any manner to the practice of any regularly qualified oculist or physician, who is regularly licensed to practice medicine in the state of Washington, or to any person who is regularly licensed to practice as a dispensing optician in the state of Washington, nor to any person who in the regular course of trade, sells or offers for sale, spectacles or eyeglasses as regular merchandise without pretense of adapting them to the eyes of the purchaser, and not in evasion of this chapter: PROVIDED, That any such regularly qualified oculist or physician or other person shall be subject to the provisions of RCW 18.53.140 (9) through (14), in connection with the performance of any function coming within the definition of the practice of optometry as defined in this chapter: PROVIDED FURTHER, HOWEVER, That in no way shall this section be construed to permit a dispensing optician to practice optome18.53.040 (2008 Ed.) 18.53.060 try as defined in chapter 69, Laws of 1975 1st ex. sess. [2000 c 171 § 19; 1975 1st ex.s. c 69 § 15; 1937 c 155 § 3; 1919 c 144 § 15; Rem. Supp. 1937 § 10159. Prior: 1909 c 235 § 13.] 18.53.050 License renewal. Every licensed optometrist shall renew his or her license by complying with administrative procedures, administrative requirements, and fees determined according to RCW 43.70.250 and 43.70.280. [1996 c 191 § 29; 1991 c 3 § 134; 1985 c 7 § 51; 1983 c 168 § 8; 1981 c 277 § 8; 1975 1st ex.s. c 30 § 56; 1971 ex.s. c 266 § 10; 1955 c 275 § 1; 1919 c 144 § 13; RRS § 10158.] 18.53.050 Severability—1983 c 168: See RCW 18.120.910. 18.53.060 License applicants—Eligibility—Qualifications—Examinations—Exception. From and after January 1, 1940, in order to be eligible for examination for registration, a person shall be a citizen of the United States of America, who shall have a preliminary education of or equal to four years in a state accredited high school and has completed a full attendance course in a regularly chartered school of optometry maintaining a standard which is deemed sufficient and satisfactory by the optometry board, who is a person of good moral character, who has a visual acuity in at least one eye, of a standard known as 20/40 under correction: PROVIDED, That from and after January 1, 1975, in order to be eligible for examination for a license, a person shall have the following qualifications: (1) Be a graduate of a state accredited high school or its equivalent; (2) Have a diploma or other certificate of completion from an accredited college of optometry or school of optometry, maintaining a standard which is deemed sufficient and satisfactory by the optometry board, conferring its degree of doctor of optometry or its equivalent, maintaining a course of four scholastic years in addition to preprofessional college level studies, and teaching substantially all of the following subjects: General anatomy, anatomy of the eyes, physiology, physics, chemistry, pharmacology, biology, bacteriology, general pathology, ocular pathology, ocular neurology, ocular myology, psychology, physiological optics, optometrical mechanics, clinical optometry, visual field charting and orthoptics, general laws of optics and refraction and use of the ophthalmoscope, retinoscope and other clinical instruments necessary in the practice of optometry; and (3) Be of good moral character. Such person shall file an application for an examination and license with said board at any time thirty days prior to the time fixed for such examination, or at a later date if approved by the board, and such application must be on forms approved by the board, and properly attested, and if found to be in accordance with the provisions of this chapter shall entitle the applicant upon payment of the proper fee, to take the examination prescribed by the board. Such examination shall not be out of keeping with the established teachings and adopted textbooks of the recognized schools of optometry, and shall be confined to such subjects and practices as are recognized as essential to the practice of optometry. All candidates without discrimination, who shall successfully pass the prescribed examination, shall be registered by the board and shall, upon payment of the proper fee, be issued a license. 18.53.060 [Title 18 RCW—page 161] 18.53.070 Title 18 RCW: Businesses and Professions Any license to practice optometry in this state issued by the secretary, and which shall be in full force and effect at the time of passage of chapter 69, Laws of 1975 1st ex. sess., shall be continued. [1995 c 198 § 6; 1991 c 3 § 135; 1975 1st ex.s. c 69 § 4; 1937 c 155 § 1; 1919 c 144 § 5; Rem. Supp. 1937 § 10150. Prior: 1909 c 235 § 7. Formerly RCW 18.53.060 and 18.53.080.] 18.53.070 Licensing—Procedures, requirements, fees. Administrative procedures, administrative requirements, and fees for issuing a license shall be determined as provided in RCW 43.70.250 and 43.70.280. [1996 c 191 § 30; 1991 c 3 § 136; 1985 c 7 § 52; 1981 c 260 § 5. Prior: 1975 1st ex.s. c 69 § 5; 1975 1st ex.s. c 30 § 57; 1919 c 144 § 9; RRS § 10151; prior: 1909 c 235 § 7.] 18.53.070 18.53.100 Disciplinary action—Grounds. The following constitutes grounds for disciplinary action under chapter 18.130 RCW: (1) Any form of fraud or deceit used in securing a license; or (2) Any unprofessional conduct, of a nature likely to deceive or defraud the public; or (3) The employing either directly or indirectly of any person or persons commonly known as "cappers" or "steerers" to obtain business; or (4) To employ any person to solicit from house to house, or to personally solicit from house to house; or (5) Advertisement in any way in which untruthful, improbable or impossible statements are made regarding treatments, cures or values; or (6) The use of the term "eye specialist" in connection with the name of such optometrist; or (7) Inability to demonstrate, in a manner satisfactory to the secretary or the board of optometry, their practical ability to perform any function set forth in RCW 18.53.010 which they utilize in their practice. [1991 c 3 § 137; 1986 c 259 § 81; 1975 1st ex.s. c 69 § 6; 1919 c 144 § 11; RRS § 10156. Prior: 1909 c 235 §§ 11, 12.] 18.53.100 Savings—1986 c 259 §§ 81 and 85: "The repeal of RCW 18.53.020 and the amendment of RCW 18.53.100 by this act shall not be construed as affecting any rights and duties which matured, penalties which were incurred, and proceedings which were begun before June 11, 1986." [1986 c 259 § 86.] Severability—1986 c 259: See note following RCW 18.130.010. Alcoholism, intoxication, and drug addiction treatment: Chapter 70.96A RCW. False advertising: Chapter 9.04 RCW. Violation of Uniform Controlled Substances Act—Suspension of license: RCW 69.50.413. 18.53.101 Application of uniform disciplinary act. The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter and chapter 18.54 RCW. [1987 c 150 § 36; 1986 c 259 § 78.] 18.53.101 Severability—1987 c 150: See RCW 18.122.901. Severability—1986 c 259: See note following RCW 18.130.010. 18.53.140 Unlawful acts. It shall be unlawful for any person: 18.53.140 [Title 18 RCW—page 162] (1) To sell or barter, or offer to sell or barter any license issued by the secretary; or (2) To purchase or procure by barter any license with the intent to use the same as evidence of the holder’s qualification to practice optometry; or (3) To alter with fraudulent intent in any material regard such license; or (4) To use or attempt to use any such license which has been purchased, fraudulently issued, counterfeited or materially altered as a valid license; or (5) To practice optometry under a false or assumed name, or as a representative or agent of any person, firm or corporation with which the licensee has no connection: PROVIDED, Nothing in this chapter nor in the optometry law shall make it unlawful for any lawfully licensed optometrist or association of lawfully licensed optometrists to practice optometry under the name of any lawfully licensed optometrist who may transfer by inheritance or otherwise the right to use such name; or (6) To practice optometry in this state either for him or herself or any other individual, corporation, partnership, group, public or private entity, or any member of the licensed healing arts without having at the time of so doing a valid license issued by the secretary of health; or (7) To in any manner barter or give away as premiums either on his or her own account or as agent or representative for any other purpose, firm or corporation, any eyeglasses, spectacles, lenses or frames; or (8) To use drugs in the practice of optometry, except as authorized under RCW 18.53.010; or (9) To use advertising whether printed, radio, display, or of any other nature, which is misleading or inaccurate in any material particular, nor shall any such person in any way misrepresent any goods or services (including but without limitation, its use, trademark, grade, quality, size, origin, substance, character, nature, finish, material, content, or preparation) or credit terms, values, policies, services, or the nature or form of the business conducted; or (10) To advertise the "free examination of eyes," "free consultation," "consultation without obligation," "free advice," or any words or phrases of similar import which convey the impression to the public that eyes are examined free or of a character tending to deceive or mislead the public, or in the nature of "bait advertising;" or (11) To use an advertisement of a frame or mounting which is not truthful in describing the frame or mounting and all its component parts. Or advertise a frame or mounting at a price, unless it shall be depicted in the advertisement without lenses inserted, and in addition the advertisement must contain a statement immediately following, or adjacent to the advertised price, that the price is for frame or mounting only, and does not include lenses, eye examination and professional services, which statement shall appear in type as large as that used for the price, or advertise lenses or complete glasses, viz.: frame or mounting with lenses included, at a price either alone or in conjunction with professional services; or (12) To use advertising, whether printed, radio, display, or of any other nature, which inaccurately lays claim to a policy or continuing practice of generally underselling competitors; or (2008 Ed.) Optometry (13) To use advertising, whether printed, radio, display or of any other nature which refers inaccurately in any material particular to any competitors or their goods, prices, values, credit terms, policies or services; or (14) To use advertising whether printed, radio, display, or of any other nature, which states any definite amount of money as "down payment" and any definite amount of money as a subsequent payment, be it daily, weekly, monthly, or at the end of any period of time. [2003 c 142 § 2; 1991 c 3 § 138; 1989 c 36 § 2; 1986 c 259 § 82; 1981 c 58 § 3; 1979 c 158 § 47; 1975 1st ex.s. c 69 § 7; 1945 c 78 § 1; 1935 c 134 § 1; 1919 c 144 § 7; Rem. Supp. 1945 § 10152. Cf. 1909 c 235 § 5.] Severability—2003 c 142: See note following RCW 18.53.010. Severability—1986 c 259: See note following RCW 18.130.010. False advertising: Chapter 9.04 RCW. Violation of Uniform Controlled Substances Act—Suspension of license: RCW 69.50.413. 18.53.145 Unlawful advertising of indemnity benefits. It shall be unlawful for any licensee subject to the provisions of chapter 18.53 RCW to advertise to the effect that benefits in the form of indemnity will accrue to subscribers of health care service contracts for services performed by the licensee for a subscriber when the licensee is neither a health care service contractor nor a participant. A violation of this s e c t i o n s h a l l b e p u n i s h a b l e a s p r o v i d ed i n R C W 18.53.140(10). [1969 c 143 § 2.] 18.53.145 18.53.150 Violations generally—Penalty. Any person violating this chapter is guilty of a misdemeanor. [1986 c 259 § 83; 1919 c 144 § 22; RRS § 10163. Prior: 1909 c 235 § 12.] 18.53.150 Severability—1986 c 259: See note following RCW 18.130.010. 18.53.160 Public aid ocular services—Discrimination prohibited. All agencies of the state and its subdivisions, and all commissions, clinics and boards administering relief, public assistance, public welfare assistance, social security, health insurance, or health service under the laws of this state, shall accept the services of licensed optometrists for any service covered by their licenses relating to any person receiving benefits from said agencies or subdivisions and shall pay for such services in the same way as practitioners of other professions may be paid for similar services. None of the said governmental agencies, or agents, officials or employees thereof, including the public schools, in the performance of their duties shall in any way show discrimination among licensed ocular practitioners. [1949 c 149 § 1; Rem. Supp. 1949 § 9991a.] 18.53.160 18.53.165 Discrimination prohibited—Legislative finding and declaration. The legislature finds and declares that the costs of health care to the people are rising disproportionately to other costs and that there is a paramount concern that the right of the people to obtain access to health care in all its facets is being impaired thereby. For this reason, the reliance on the mechanism of insurance, whether profit or nonprofit, is the only effective manner in which the large majority of the people can attain access to quality health care, and it is therefore declared to be in the public interest that 18.53.165 (2008 Ed.) 18.53.200 health care insurance be regulated to assure that all the people have access to health care rendered by whatever means, and to the greatest extent possible. RCW 18.53.165 through 18.53.190 and 18.53.901, prohibiting discrimination against the legally recognized and licensed profession of optometrists, is necessary in the interest of the public health, welfare and safety. [1973 c 48 § 1.] 18.53.170 Discrimination prohibited—Acceptance of services by state agencies and subdivisions. Notwithstanding any other provision of law, the state and its political subdivisions shall accept the services of licensed optometrists for any service covered by their licenses with relation to any person receiving benefits, salaries, wages, or any other type of compensation from the state, its agencies or subdivisions. [1973 c 48 § 2.] 18.53.170 18.53.175 Discrimination prohibited—State agencies and subdivisions—Officials and employees. The state and its political subdivisions, and all officials, agents, employees, or representatives thereof, are prohibited from in any way discriminating against licensed optometrists in performing and receiving compensation for services covered by their licenses. [1973 c 48 § 3.] 18.53.175 18.53.180 Discrimination prohibited—Agreements or contracts by state and subdivisions. Notwithstanding any other provision of law, the state and its political subdivisions, and all officials, agents, employees, or representatives thereof, are prohibited from entering into any agreement or contract with any individual, group, association, or corporation which in any way, directly or indirectly, discriminates against licensed optometrists in performing and receiving compensation for services covered by their licenses. [1973 c 48 § 4.] 18.53.180 18.53.185 Discrimination prohibited—Costs immaterial. Notwithstanding any other provision of law, for the purpose of RCW 18.53.165 through 18.53.180 and 18.53.190 it is immaterial whether the cost of any policy, plan, agreement, or contract be deemed additional compensation for services, or otherwise. [1973 c 48 § 5.] 18.53.185 18.53.190 Discrimination prohibited—Application of law. RCW 18.53.165 through 18.53.185 shall apply to all agreements, renewals, or contracts issued on or after June 7, 1973. Health care service contracts having a participant agreement with a majority of the licensed optometrists within its service area may provide benefits to persons or groups of persons through contracts which allow a subscriber to utilize on an equal participation basis the services of any participant provided in the contract, and such contracts shall not be discriminatory. [1975 1st ex.s. c 69 § 8; 1973 c 48 § 6.] 18.53.190 18.53.200 Privileged communications. The information and records of a licensed optometrist pertaining to a patient shall be privileged communications, the same as now or hereafter may exist in the relationship of physician and patient and shall not be released or subjected to disclosure 18.53.200 [Title 18 RCW—page 163] 18.53.210 Title 18 RCW: Businesses and Professions without the consent of the patient or as otherwise required by law. [1975 1st ex.s. c 69 § 14.] Privileged communications—Physician and patient: RCW 5.60.060. 18.53.210 18.53.210 Inactive license status. The optometry board may adopt rules under this section authorizing an inactive license status. (1) An individual licensed under this chapter may place his or her license on inactive status. The holder of an inactive license must not practice optometry in this state without first activating the license. (2) The inactive renewal fee must be established by the secretary under RCW 43.70.250. Failure to renew an inactive license shall result in cancellation of the inactive license in the same manner as an active license. (3) An inactive license may be placed in an active status upon compliance with rules established by the optometry board. (4) Provisions relating to disciplinary action against a person with a license are applicable to a person with an inactive license, except that when disciplinary proceedings against a person with an inactive license have been initiated, the license will remain inactive until the proceedings have been completed. [2006 c 232 § 2.] Chapter 18.54 Chapter 18.54 RCW OPTOMETRY BOARD Sections 18.54.005 18.54.010 18.54.020 18.54.030 18.54.040 18.54.050 18.54.060 18.54.070 18.54.076 18.54.090 18.54.130 18.54.140 18.54.150 18.54.900 18.54.910 18.54.920 Regulation of health care professions—Criteria. Definitions. Examining committee reconstituted as optometry board. Composition—Appointments—Qualifications—Terms— Vacancies. Officers. Meetings. Quorum. Powers and duties—Examinations—Rules. Application of uniform disciplinary act. Administrative procedures—Minimum fees. Compensation and travel expenses of members. Board may draw from health professions account. Devolution of powers relating to revocation of certificates. Short title. Severability—1963 c 25. RCW 43.24.060 and 43.24.120 not applicable to optometry. Reviser’s note: Powers and duties of the department of licensing and the director of licensing transferred to the department of health and the secretary of health. See RCW 43.70.220. Health professions account—Fees credited—Requirements for biennial budget request—Unappropriated funds: RCW 43.70.320. Secretary of health or designee ex officio member of health professional licensure and disciplinary boards: RCW 43.70.300. 18.54.005 Regulation of health care professions— Criteria. See chapter 18.120 RCW. 18.54.005 18.54.010 Definitions. Unless the context clearly indicates otherwise, the terms used in this chapter take their meanings as follows: (1) "Board" means the optometry board; (2) "License" means a certificate or permit to practice optometry as provided in *RCW 18.53.020 as amended from time to time; (3) "Members" means members of the optometry board. [1963 c 25 § 1.] 18.54.010 18.53.900 18.53.900 Short title—1919 c 144. This act shall be known, and may be referred to as, "The Optometry Law". [1919 c 144 § 20.] 18.53.901 18.53.901 Severability—1973 c 48. If any provision of this 1973 act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected. [1973 c 48 § 7.] *Reviser’s note: RCW 18.53.020 was repealed by 1986 c 259 § 85. 18.54.020 Examining committee reconstituted as optometry board. The examining committee, heretofore created pursuant to RCW 43.24.060, is reorganized and reconstituted as the optometry board. [1963 c 25 § 2.] 18.54.020 18.53.910 18.53.910 Severability—1919 c 144. Any question of unconstitutionality arising concerning any of the sections or provisions of this act shall in no wise affect any other section or provision of the act. [1919 c 144 § 18.] RCW 43.24.060 and 43.24.120 not applicable to optometry: RCW 18.54.920. 18.53.911 18.53.911 Severability—1975 1st ex.s. c 69. If any provision of this 1975 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected. [1975 1st ex.s. c 69 § 17.] 18.53.912 18.53.912 Severability—1981 c 58. If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1981 c 58 § 4.] 18.53.920 18.53.920 Repeal—1919 c 144. All acts and parts of acts inconsistent with this act are hereby repealed. [1919 c 144 § 19.] [Title 18 RCW—page 164] 18.54.030 Composition—Appointments—Qualifications—Terms—Vacancies. The initial composition of the optometry board includes the three members of the examining committee for optometry plus two more optometrists to be appointed by the governor. The governor must make all appointments to the optometry board. Only optometrists who are citizens of the United States, residents of this state, having been licensed to practice and practicing optometry in this state for a period of at least four years immediately preceding the effective date of appointment, and who have no connection with any school or college embracing the teaching of optometry or with any optical supply business may be appointed. The governor may set the terms of office of the initial board at his discretion, to establish the following perpetual succession: The terms of the initial board include one posi18.54.030 (2008 Ed.) Ocularists tion for one year, two for two years and two for three years; and upon the expiration of the terms of the initial board, all appointments are for three years. In addition to the members specified in this section, the governor shall appoint a consumer member of the board, who shall serve for a term of three years. In the event that a vacancy occurs on the board in the middle of an appointee’s term, the governor must appoint a successor for the unexpired portion of the term only. [1984 c 279 § 54; 1963 c 25 § 3.] Severability—1984 c 279: See RCW 18.130.901. 18.54.040 Officers. The board must elect a chairman and secretary from its members, to serve for a term of one year or until their successors are elected and qualified. [1963 c 25 § 4.] 18.54.040 18.54.050 Meetings. The board must meet at least once yearly or more frequently upon call of the chairman or the secretary of health at such times and places as the chairman or the secretary of health may designate by giving three days’ notice or as otherwise required by RCW 42.30.075. [1991 c 3 § 139; 1989 c 175 § 65; 1979 c 158 § 48; 1975 1st ex.s. c 69 § 9; 1963 c 25 § 5.] 18.54.050 Effective date—1989 c 175: See note following RCW 34.05.010. Severability—1975 1st ex.s. c 69: See RCW 18.53.911. Chapter 18.55 set or recommend a minimum schedule of fees to be charged by licensed optometrist. [1963 c 25 § 9.] 18.54.130 Compensation and travel expenses of members. Members of the board are entitled to receive their travel expenses in accordance with RCW 43.03.050 and 43.03.060. Each member of the board will also be compensated in accordance with RCW 43.03.240. [1984 c 287 § 41; 1975-’76 2nd ex.s. c 34 § 39; 1967 c 188 § 3; 1963 c 25 § 13.] 18.54.130 Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. 18.54.140 Board may draw from health professions account. Notwithstanding any other provisions of law, rule or regulation, the board may draw from the health professions account on vouchers approved by the secretary of health, so much money as is necessary to carry into effect, to administer, and to enforce the provisions of this chapter. [1991 c 3 § 141; 1983 c 168 § 9; 1979 c 158 § 50; 1975 1st ex.s. c 69 § 12; 1963 c 25 § 14.] 18.54.140 Severability—1983 c 168: See RCW 18.120.910. Severability—1975 1st ex.s. c 69: See RCW 18.53.911. Health professions account: RCW 43.70.320. 18.54.150 Devolution of powers relating to revocation of certificates. All powers previously vested in the director of licenses under the provisions of RCW 18.53.100 are vested in the optometry board. [1963 c 25 § 15.] 18.54.150 18.54.060 Quorum. Three members constitute a quorum for the transaction of business of the board. [1963 c 25 § 6.] 18.54.060 18.54.070 Powers and duties—Examinations— Rules. The board has the following powers and duties: (1) To develop and administer, or approve, or both, a licensure examination. The board may approve an examination prepared or administered by a private testing agency or association of licensing authorities. (2) The board shall adopt rules and regulations to promote safety, protection and the welfare of the public, to carry out the purposes of this chapter, to aid the board in the performance of its powers and duties, and to govern the practice of optometry. [1995 c 198 § 7; 1991 c 3 § 140; 1986 c 259 § 84; 1979 c 158 § 49; 1975 1st ex.s. c 69 § 10; 1963 c 25 § 7.] 18.54.070 Severability—1986 c 259: See note following RCW 18.130.010. Severability—1975 1st ex.s. c 69: See RCW 18.53.911. 18.54.900 Short title. This act may be known and cited as the "optometry board act." [1963 c 25 § 16.] 18.54.900 18.54.910 Severability—1963 c 25. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provisions to other persons or circumstances is not affected. [1963 c 25 § 17.] 18.54.910 18.54.920 RCW 43.24.060 and 43.24.120 not applicable to optometry. The provisions of RCW 43.24.060 and 43.24.120 are not applicable to the licensing and regulation of the practice of optometry. [1999 c 240 § 6; 1963 c 25 § 18.] 18.54.920 Examining committee reconstituted as optometry board: RCW 18.54.020. 18.54.076 Application of uniform disciplinary act. The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter and chapter 18.53 RCW. [1987 c 150 § 37; 1986 c 259 § 79.] 18.54.076 Severability—1987 c 150: See RCW 18.122.901. Severability—1986 c 259: See note following RCW 18.130.010. 18.54.090 Administrative procedures—Minimum fees. The board is an administrative agency of the state of Washington, and the provisions of the administrative procedure act, chapter 34.05 RCW as amended from time to time, govern the conduct and proceedings of the board. Nothing in this chapter shall be construed to give the board the power to 18.54.090 (2008 Ed.) Chapter 18.55 Chapter 18.55 RCW OCULARISTS Sections 18.55.005 18.55.007 18.55.010 18.55.015 18.55.020 18.55.030 18.55.040 18.55.045 18.55.050 18.55.060 18.55.066 18.55.075 Regulation of health care professions—Criteria. License required. Licensing—Exemptions—Limitations. Intent. Definitions. Licenses—Renewal. License applicants—Qualifications—Examination. Examination. Licenses or registrations—Renewal. Apprentices. Application of uniform disciplinary act. Scope of practice. [Title 18 RCW—page 165] 18.55.005 18.55.085 18.55.095 18.55.105 18.55.900 Title 18 RCW: Businesses and Professions Unprofessional conduct. Authority of secretary. Out-of-state applicants. Severability—1980 c 101. Health professions account—Fees credited—Requirements for biennial budget request—Unappropriated funds: RCW 43.70.320. Secretary of health or designee ex officio member of health professional licensure and disciplinary boards: RCW 43.70.300. 18.55.005 Regulation of health care professions— Criteria. See chapter 18.120 RCW. 18.55.005 18.55.007 License required. No person may practice or represent himself or herself as an ocularist without first having a valid license to do so. [1987 c 150 § 40.] 18.55.007 Severability—1987 c 150: See RCW 18.122.901. 18.55.010 Licensing—Exemptions—Limitations. (1) Nothing in this chapter shall: (a) Be construed to limit or restrict a duly licensed physician or employees working under the personal supervision of a duly licensed physician from the practices enumerated in this chapter; (b) Be construed to prohibit an unlicensed person from performing mechanical work upon inert matter in an ocularist’s office or laboratory; (c) Be construed to authorize or permit a licensee under this chapter to hold himself or herself out as being able to, or to offer to, or to undertake to attempt, by any manner of means, to examine or exercise eyes, or diagnose, treat, correct, relieve, operate, or prescribe for disease or any visual deficiency. (2) Each practitioner duly licensed pursuant to chapters 18.53, 18.57, and 18.71 RCW shall have all the rights and privileges which may accrue under this chapter to ocularists licensed under this chapter. [1980 c 101 § 1.] 18.55.010 18.55.015 Intent. The legislature finds it necessary to regulate the practice of ocularist to protect the public health, safety, and welfare. The legislature intends that only individuals who meet and maintain minimum standards of competence and conduct may provide service to the public. [1991 c 180 § 1.] 18.55.015 18.55.020 Definitions. The terms defined in this section shall have the meaning ascribed to them wherever appearing in this chapter, unless a different meaning is specifically used to such term in such statute. (1) "Department" means the department of health. (2) "Secretary" means the secretary of health. (3) "Ocularist" means a person licensed under this chapter. (4) "Apprentice" means a person designated an apprentice in the records of the secretary to receive from a licensed ocularist training and direct supervision in the work of an ocularist. (5) "Stock-eye" means an ocular stock prosthesis that has not been originally manufactured or altered by the ocularist or service provider selling or fitting, or both, said prosthesis to a patient or customer. "Altered" means either taking away or adding materials, or colorization, or otherwise changing 18.55.020 [Title 18 RCW—page 166] the prosthesis’ appearance, function, or fit in the socket or on the implant of the patient or customer. (6) "Modified stock-eye" means a stock-eye that has been altered in some manner by the ocularist or service provider selling or fitting, or both, said prosthesis to a patient or customer. "Altered" is as defined in subsection (5) of this section. A modified stock-eye cannot be defined as either a "custom" or "impression-fitted" eye or prosthesis by adding material that incorporates an impression-surface of the patient or customer socket or implant surfaces. (7) "Custom-eye" means an original, newly manufactured eye or prosthesis that has been specifically crafted by an ocularist or authorized service provider for the patient or customer to whom it is sold or provided. The "custom-eye" may be either an impression-fitted eye (an impression of the socket or implant surfaces) or an empirical/wax pattern-fitted method eye, or a combination of either, as delineated in the ocularist examination. [1994 sp.s. c 9 § 504; 1991 c 180 § 2; (1991 c 3 § 142 repealed by 1991 sp.s. c 11 § 2); 1980 c 101 § 2.] Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.55.030 Licenses—Renewal. The secretary shall determine administrative procedures, administrative requirements, and fees for licenses and renewals as provided in RCW 43.70.250 and 43.70.280. [1996 c 191 § 31; 1991 c 3 § 143; 1980 c 101 § 3.] 18.55.030 18.55.040 License applicants—Qualifications— Examination. No applicant shall be licensed under this chapter until the applicant complies with administrative procedures, administrative requirements, and fees determined by the secretary according to RCW 43.70.250 and 43.70.280. Qualifications must require that the applicant: (1) Is eighteen years or more of age; (2) Has graduated from high school or has received a general equivalency degree; (3) Is of good moral character; and (4)(a) Had at least ten thousand hours of apprenticeship training under the direct supervision of a licensed ocularist; or (b) Successfully completed a prescribed course in ocularist training programs approved by the secretary; or (c) Has had at least ten thousand hours of apprenticeship training under the direct supervision of a practicing ocularist, or has the equivalent experience as a practicing ocularist, or any combination of training and supervision, not in the state of Washington; and (5) Successfully passes an examination conducted or approved by the secretary. [1996 c 191 § 32; 1991 c 180 § 4; (1991 c 3 § 144 repealed by 1991 sp.s. c 11 § 2); 1985 c 7 § 53; 1980 c 101 § 4.] 18.55.040 18.55.045 Examination. The secretary may approve an examination prepared or administered by a private testing agency or association of licensing authorities. The examination shall determine if the applicant has a thorough knowledge of the principles governing the practice of an ocularist. [1991 c 180 § 5.] 18.55.045 (2008 Ed.) Osteopathy—Osteopathic Medicine and Surgery 18.55.050 Licenses or registrations—Renewal. Every individual licensed or registered under this chapter shall comply with administrative procedures, administrative requirements, and fees determined by the secretary, as provided by RCW 43.70.250 and 43.70.280 to renew his or her license. [1996 c 191 § 33; 1991 c 180 § 6; (1991 c 3 § 145 repealed by 1991 sp.s. c 11 § 2); 1985 c 7 § 54; 1980 c 101 § 7.] 18.55.050 18.55.060 Apprentices. (1) A person wishing to work as an apprentice ocularist shall submit to the secretary the registration fee and completed application form signed by the applicant and the licensed ocularist who shall be responsible for the acts of the apprentice in the performance of his or her work in the apprenticeship program. (2) Apprentices shall complete their ten thousand hours of apprenticeship within eight years and shall not work longer as an apprentice unless the secretary determines, after a hearing, that the apprentice was prevented by causes beyond his or her control from completing the apprenticeship and becoming a licensee hereunder in eight years. (3) No licensee under this chapter may have more than two apprentices in training at one time. [1991 c 180 § 7; 1991 c 3 § 146; 1980 c 101 § 5.] 18.55.060 Reviser’s note: This section was amended by 1991 c 3 § 146 and by 1991 c 180 § 7, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Chapter 18.57 18.55.095 Authority of secretary. In addition to any other authority provided by law, the secretary may: (1) Adopt rules in accordance with chapter 34.05 RCW necessary to implement this chapter; (2) Establish forms necessary to administer this chapter; (3) Issue a license to any applicant who has met the education, training, and examination requirements for licensure and deny a license to applicants who do not meet the minimum qualifications for licensure. Proceedings concerning the denial of licenses based on unprofessional conduct or impaired practice shall be governed by the uniform disciplinary act, chapter 18.130 RCW; (4) Employ clerical, administrative, and investigative staff as needed to implement and administer this chapter and hire individuals, including those licensed under this chapter, to serve as examiners or consultants as necessary to implement and administer this chapter; (5) Maintain the official departmental record of all applicants and licensees; (6) Determine the minimum education and experience requirements for licensure, including but not limited to approval of educational programs; (7) Prepare and administer or approve the preparation and administration of examinations for licensure; and (8) Establish and implement by rule a continuing competency program. [1991 c 180 § 8.] 18.55.095 18.55.105 Out-of-state applicants. An applicant holding a credential in another state may be credentialed to practice in this state without examination if the secretary determines that the other state’s credentialing standards are substantially equivalent to the standards in this state. [1991 c 180 § 12.] 18.55.105 18.55.066 Application of uniform disciplinary act. The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [1987 c 150 § 39; 1986 c 259 § 89.] 18.55.066 Severability—1987 c 150: See RCW 18.122.901. Severability—1986 c 259: See note following RCW 18.130.010. 18.55.075 Scope of practice. An ocularist designs, fabricates, and fits ocular prosthetic appliances. An ocularist is authorized to perform the necessary procedures to provide an ocular prosthetic service for the patient in the ocularist’s office or laboratory on referral of a physician. A referral is not required for the replacement of an ocular prosthetic appliance. The ocularist is authorized to make judgment on the needed care, replacement, and use of an ocular prosthetic appliance. The ocularist is authorized to design, fabricate, and fit human prosthetics in the following categories: (1) Stock and custom prosthetic eyes; (2) Stock and custom therapeutic scleral shells; (3) Stock and custom therapeutic painted iris shells; (4) External orbital and facial prosthetics; and (5) Ocular conformers: PROVIDED, That nothing herein shall be construed to allow the fitting or fabricating of contact lenses. [1991 c 180 § 3.] 18.55.075 18.55.085 Unprofessional conduct. An ocularist or authorized service provider shall explain to patients or customers exactly which type of prosthesis or service they are receiving or purchasing. Failure to do so, or misrepresentation of said services, constitutes unprofessional conduct under this chapter and chapter 18.130 RCW. [1991 c 180 § 9.] 18.55.085 (2008 Ed.) 18.55.900 Severability—1980 c 101. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1980 c 101 § 11.] 18.55.900 Chapter 18.57 RCW OSTEOPATHY—OSTEOPATHIC MEDICINE AND SURGERY Chapter 18.57 Sections 18.57.001 18.57.002 18.57.003 18.57.005 18.57.011 18.57.020 18.57.031 18.57.035 18.57.040 18.57.045 18.57.050 18.57.080 18.57.130 18.57.140 18.57.145 18.57.150 18.57.160 18.57.245 Definitions. Regulation of health care professions—Criteria. State board of osteopathic medicine and surgery—Membership—Qualifications—Officers—Meetings—Compensation and travel expenses—Removal. Powers and duties of board. Application of uniform disciplinary act. Licenses—Application requirements. License required. Postgraduate training licenses. Licensing exemptions. Inactive licenses. Renewal of licenses—Continuing education requirements. Examinations. Persons licensed by other states—Requirements—Fees. Advertising regulations. Use of designations in combination with name. Applicability of health regulations. Unlawful practices. Insurer’s report of malpractice payments. [Title 18 RCW—page 167] 18.57.001 18.57.250 18.57.260 18.57.270 18.57.900 18.57.910 18.57.915 Title 18 RCW: Businesses and Professions Physician members of committees to evaluate credentials and qualifications of physicians—Immunity from civil suit. Physicians filing charges or presenting evidence before committees, boards, or hospitals—Immunity from civil suit. Records of medical society or hospital committee or board not subject to civil process. Interchangeable terms. Repeal. Severability—1979 c 117. Actions against, limitation of: RCW 4.16.350. Crimes relating to pregnancy and childbirth: RCW 9A.32.060. Health professions account—Fees credited—Requirements for biennial budget request—Unappropriated funds: RCW 43.70.320. Lien of doctors: Chapter 60.44 RCW. Rebating by practitioners of healing professions prohibited: Chapter 19.68 RCW. 18.57.001 Definitions. As used in this chapter: (1) "Board" means the Washington state board of osteopathic medicine and surgery; (2) "Department" means the department of health; (3) "Secretary" means the secretary of health; and (4) "Osteopathic medicine and surgery" means the use of any and all methods in the treatment of disease, injuries, deformities, and all other physical and mental conditions in and of human beings, including the use of osteopathic manipulative therapy. [1996 c 178 § 2; 1991 c 160 § 1; 1991 c 3 § 147; 1979 c 117 § 1.] 18.57.001 Effective date—1996 c 178: See note following RCW 18.35.110. 18.57.002 Regulation of health care professions— Criteria. See chapter 18.120 RCW. 18.57.002 18.57.003 State board of osteopathic medicine and surgery—Membership—Qualifications—Officers— Meetings—Compensation and travel expenses— Removal. There is hereby created an agency of the state of Washington, consisting of seven individuals appointed by the governor to be known as the Washington state board of osteopathic medicine and surgery. On expiration of the term of any member, the governor shall appoint for a period of five years a qualified individual to take the place of such member. Each member shall hold office until the expiration of the term for which such member is appointed or until a successor shall have been appointed and shall have qualified. Initial appointments shall be made and vacancies in the membership of the board shall be filled for the unexpired term by appointment by the governor. Each member of the board shall be a citizen of the United States and must be an actual resident of this state. One member shall be a consumer who has neither a financial nor a fiduciary relationship to a health care delivery system, and every other member must have been in active practice as a licensed osteopathic physician and surgeon in this state for at least five years immediately preceding appointment. The board shall elect a chairperson, a secretary, and a vice-chairperson from its members. Meetings of the board shall be held at least four times a year and at such place as the board shall determine and at such other times and places as the board deems necessary. An affirmative vote of a simple majority of the members present at a meeting or hearing shall be required for the board to take any official action. The board may not take any action 18.57.003 [Title 18 RCW—page 168] without a quorum of the board members present. A simple majority of the board members currently serving constitutes a quorum of the board. Each member of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. Any member of the board may be removed by the governor for neglect of duty, misconduct, malfeasance or misfeasance in office, or upon written request of two-thirds of the physicians licensed under this chapter and in active practice in this state. [1991 c 160 § 2; 1984 c 287 § 42; 1979 c 117 § 2.] Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. Secretary of health or designee ex officio member of health professional licensure and disciplinary boards: RCW 43.70.300. 18.57.005 Powers and duties of board. (Effective until July 1, 2009.) The board shall have the following powers and duties: (1) To administer examinations to applicants for licensure under this chapter; (2) To make such rules and regulations as are not inconsistent with the laws of this state as may be deemed necessary or proper to carry out the purposes of this chapter; (3) To establish and administer requirements for continuing professional education as may be necessary or proper to insure the public health and safety as a prerequisite to granting and renewing licenses under this chapter: PROVIDED, That such rules shall not require a licensee under this chapter to engage in continuing education related to or provided by any specific branch, school, or philosophy of medical practice or its political and/or professional organizations, associations, or societies; (4) To keep an official record of all its proceedings, which record shall be evidence of all proceedings of the board which are set forth therein. [1986 c 259 § 94; 1979 c 117 § 3.] 18.57.005 Severability—1986 c 259: See note following RCW 18.130.010. 18.57.005 Powers and duties of board. (Effective July 1, 2009.) The board shall have the following powers and duties: (1) To administer examinations to applicants for licensure under this chapter; (2) To make such rules and regulations as are not inconsistent with the laws of this state as may be deemed necessary or proper to carry out the purposes of this chapter; (3) To establish and administer requirements for continuing professional education as may be necessary or proper to insure the public health and safety as a prerequisite to granting and renewing licenses under this chapter: PROVIDED, That such rules shall not require a licensee under this chapter to engage in continuing education related to or provided by any specific branch, school, or philosophy of medical practice or its political and/or professional organizations, associations, or societies; (4) To adopt rules governing the administration of sedation and anesthesia in the offices of persons licensed under this chapter, including necessary training and equipment; 18.57.005 (2008 Ed.) Osteopathy—Osteopathic Medicine and Surgery (5) To keep an official record of all its proceedings, which record shall be evidence of all proceedings of the board which are set forth therein. [2007 c 273 § 27; 1986 c 259 § 94; 1979 c 117 § 3.] Effective date—Implementation—2007 c 273: See RCW 70.230.900 and 70.230.901. Severability—1986 c 259: See note following RCW 18.130.010. 18.57.011 Application of uniform disciplinary act. The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [1987 c 150 § 41; 1986 c 259 § 92.] 18.57.011 Severability—1987 c 150: See RCW 18.122.901. Severability—1986 c 259: See note following RCW 18.130.010. 18.57.020 Licenses—Application requirements. A license shall be issued by the secretary authorizing the holder to practice osteopathic medicine and surgery. In order to procure a license to practice osteopathic medicine and surgery, the applicant must provide the board evidence that a diploma has been issued to the applicant by an accredited school of osteopathic medicine and surgery, approved by the board. The application shall be made upon a form prepared by the secretary, with the approval of the board, and it shall contain such information concerning said osteopathic medical instruction and the preliminary education of the applicant as the board may by rule provide. Applicants who have failed to meet the requirements must be rejected. An applicant for a license to practice osteopathic medicine and surgery must furnish evidence satisfactory to the board that he or she has served for not less than one year in a postgraduate training program approved by the board. In addition, the applicant may be required to furnish evidence satisfactory to the board that he or she is physically and mentally capable of safely carrying on the practice of osteopathic medicine and surgery. The board may require any applicant to submit to such examination or examinations as it deems necessary to determine an applicant’s physical and/or mental capability to safely practice osteopathic medicine and surgery. The applicant shall also show that he or she has not been guilty of any conduct which would constitute grounds for denial, suspension, or revocation of such license under the laws of the state of Washington. Nothing in this section shall be construed as prohibiting the board from requiring such additional information from applicants as it deems necessary. Nothing in this chapter shall be construed to require any applicant for licensure, or any licensee, as a requisite of retaining or renewing licensure under this chapter, to be a member of any political and/or professional organization. [1991 c 160 § 3; (1991 c 3 § 148 repealed by 1991 sp.s. c 11 § 2); 1979 c 117 § 11; 1959 c 110 § 1; 1919 c 4 § 4; RRS § 10056. Cf. 1909 c 192 § 6. Formerly RCW 18.57.020, 18.57.060, 18.57.070, and 18.57.090.] 18.57.020 18.57.031 License required. No person may practice or represent himself or herself as an osteopathic physician and surgeon without first having a valid license to do so. [1987 c 150 § 42.] 18.57.031 (2008 Ed.) 18.57.040 Severability—1987 c 150: See RCW 18.122.901. 18.57.035 Postgraduate training licenses. The board may grant approval to issue without examination a license to an osteopathic physician and surgeon in a board-approved postgraduate training program in this state if the applicant files an application and meets all the requirements for licensure set forth in RCW 18.57.020 except for completion of one year of postgraduate training. The secretary shall issue a postgraduate osteopathic medicine and surgery license that permits the physician in postgraduate training to practice osteopathic medicine and surgery only in connection with his or her duties as a physician in postgraduate training and does not authorize the physician to engage in any other form of practice. Each physician in postgraduate training shall practice osteopathic medicine and surgery only under the supervision of a physician licensed in this state under this chapter or chapter 18.71 RCW, but such supervision shall not be construed to necessarily require the personal presence of the supervising physician at the place where services are rendered. All persons licensed under this section shall be subject to the jurisdiction of the board of osteopathic medicine and surgery as set forth in this chapter and chapter 18.130 RCW. Persons applying for licensure pursuant to this section shall comply with administrative procedures, administrative requirements, and fees determined as provided in RCW 43.70.250 and 43.70.280. Any person who obtains a license pursuant to this section may, apply for licensure under this chapter, but shall submit a new application form and comply with all other licensing requirements of this chapter. [1996 c 191 § 34; 1991 c 160 § 9.] 18.57.035 18.57.040 Licensing exemptions. Nothing in this chapter shall be construed to prohibit: (1) Service in the case of emergency; (2) The domestic administration of family remedies; (3) The practice of midwifery as permitted under chapter 18.50 RCW; (4) The practice of osteopathic medicine and surgery by any commissioned medical officer in the United States government or military service or by any osteopathic physician and surgeon employed by a federal agency, in the discharge of his or her official duties; (5) Practice by a dentist licensed under chapter 18.32 RCW when engaged exclusively in the practice of dentistry; (6) Practice by any osteopathic physician and surgeon from any other state or territory in which he or she resides: PROVIDED, That such practitioner shall not open an office or appoint a place of meeting patients or receive calls within the limits of this state; (7) Practice by a person who is a student enrolled in an accredited school of osteopathic medicine and surgery approved by the board: PROVIDED, That the performance of such services be only pursuant to a course of instruction or assignments from his or her instructor or school, and such services are performed only under the supervision of a person licensed pursuant to this chapter or chapter 18.71 RCW; (8) Practice by an osteopathic physician and surgeon serving a period of clinical postgraduate medical training in a postgraduate program approved by the board: PROVIDED, 18.57.040 [Title 18 RCW—page 169] 18.57.045 Title 18 RCW: Businesses and Professions That the performance of such services be only pursuant to a course of instruction in said program, and said services are performed only under the supervision and control of a person licensed pursuant to this chapter or chapter 18.71 RCW; or (9) Practice by a person who is enrolled in a physician assistant program approved by the board who is performing such services only pursuant to a course of instruction in said program: PROVIDED, That such services are performed only under the supervision and control of a person licensed pursuant to this chapter or chapter 18.71 RCW. This chapter shall not be construed to apply in any manner to any other system or method of treating the sick or afflicted or to apply to or interfere in any way with the practice of religion or any kind of treatment by prayer. [1991 c 160 § 5; 1919 c 4 § 19; RRS § 10071. FORMER PART OF SECTION: 1921 c 82 § 1, part; 1919 c 4 § 17, part; RRS § 10069, part, now codified in RCW 18.57.130.] Midwifery: Chapter 18.50 RCW. 18.57.045 Inactive licenses. A licensed osteopathic physician and surgeon who desires to leave the active practice of osteopathic medicine and surgery in this state may secure from the secretary an inactive license. The administrative procedures, administrative requirements, and fees for an inactive license shall be determined as provided in RCW 43.70.250 and 43.70.280. The holder of an inactive license may reactivate his or her license to practice osteopathic medicine and surgery in accordance with rules adopted by the board. [1996 c 191 § 35; 1991 c 160 § 4.] 18.57.045 18.57.050 Renewal of licenses—Continuing education requirements. The board may establish rules and regulations governing mandatory continuing education requirements which shall be met by physicians applying for renewal of licenses. Administrative procedures, administrative requirements, and fees for applications and renewals shall be established as provided in RCW 43.70.250 and 43.70.280. The board shall determine prerequisites for relicensing. [1996 c 191 § 36; 1991 c 160 § 6; (1991 c 3 § 149 repealed by 1991 sp.s. c 11 § 2); 1985 c 7 § 55; 1979 c 117 § 12; 1975 1st ex.s. c 30 § 58; 1971 ex.s. c 266 § 11; 1919 c 4 § 6; RRS § 10058. Cf. 1909 c 192 § 7. Formerly RCW 18.57.050 and 18.57.120.] 18.57.050 18.57.080 Examinations. Applicants for a license to practice osteopathic medicine and surgery must successfully complete an examination prepared or approved by the board. The examination shall be conducted in the English language, shall determine the applicant’s fitness to practice osteopathic medicine and surgery, and may be in whole or in part in writing or by practical application on those general subjects and topics of which knowledge is commonly and generally required of applicants who have obtained the doctor of osteopathic medicine and surgery conferred by accredited schools of osteopathic medicine and surgery approved by the board. If an examination does not encompass the subject of osteopathic principles and practice, the applicant shall be required to complete the board-administered examination. The board may prepare and administer or approve preparation and administration of examinations on such subjects as the board 18.57.080 [Title 18 RCW—page 170] deems advisable. The examination papers of any examination administered by the board shall form a part of the applicant’s records and shall be retained as determined by the secretary for a period of not less than one year. All applicants for examination or reexamination shall comply with administrative procedures, administrative requirements, and fees determined as provided in RCW 43.70.250 and 43.70.280. [1996 c 191 § 37; 1991 c 160 § 7; (1991 c 3 § 150 repealed by 1991 sp.s. c 11 § 2); 1979 c 117 § 13; 1919 c 4 § 5; RRS § 10057. Cf. 1909 c 192 § 6. Formerly RCW 18.57.080 and 18.57.090, part.] 18.57.130 Persons licensed by other states—Requirements—Fees. Any person who meets the requirements of RCW 18.57.020 as now or hereafter amended and has been examined and licensed to practice osteopathic medicine and surgery by a state board of examiners of another state or the duly constituted authorities of another state authorized to issue licenses to practice osteopathic medicine and surgery upon examination, shall upon approval of the board be entitled to receive a license to practice osteopathic medicine and surgery in this state upon complying with administrative procedures, administrative requirements, and paying a fee determined as provided in RCW 43.70.250 and 43.70.280 and filing a copy of his or her license in such other state, duly certified by the authorities granting the license to be a full, true, and correct copy thereof, and certifying also that the standard of requirements adopted by such authorities as provided by the law of such state is substantially equal to that provided for by the provisions of this chapter: PROVIDED, That no license shall issue without examination to any person who has previously failed in an examination held in this state: PROVIDED, FURTHER, That all licenses herein mentioned may be revoked for unprofessional conduct, in the same manner and upon the same grounds as if issued under this chapter: PROVIDED, FURTHER, That no one shall be permitted to practice surgery under this chapter who has not a license to practice osteopathic medicine and surgery. [1996 c 191 § 38. Prior: 1991 c 160 § 10; 1991 c 3 § 151; 1985 c 7 § 56; 1979 c 117 § 15; 1975 1st ex.s. c 30 § 59; 1921 c 82 § 1; 1919 c 4 § 17; RRS § 10069. Formerly RCW 18.57.010, 18.57.040, part, and 18.57.130.] 18.57.130 18.57.140 Advertising regulations. On all cards, signs, letterheads, envelopes and billheads used by those licensed by this chapter to practice osteopathic medicine and surgery the word "osteopathic" shall always immediately precede the word "physician" and if the word "surgeon" is used in connection with said name, the word "osteopathic" shall also immediately precede said word "surgeon." [1996 c 178 § 3; 1919 c 4 § 20; RRS § 10072.] 18.57.140 Effective date—1996 c 178: See note following RCW 18.35.110. 18.57.145 Use of designations in combination with name. No provision of this chapter or of any other law shall prevent any person who holds a valid, unrevoked certificate to practice osteopathic medicine and surgery from using in combination with his or her name the designation "Osteopathic Physician and Surgeon" or the abbreviation of his or her professional degree, Doctor of Osteopathy (D.O.), pro18.57.145 (2008 Ed.) Osteopathic Physicians’ Assistants vided he or she hold such professional degree, or any combination thereof upon his or her stationery, in any professional lists or directories or in other places where the same may properly appear as permitted within the canons of ethics approved by the board. [1991 c 160 § 8; 1959 c 110 § 2.] 18.57.150 Applicability of health regulations. All persons granted licenses or certificates under this chapter shall be subject to the state and municipal regulations relating to the control of contagious diseases, the reporting and certifying to births and deaths, and all matters pertaining to public health; and all such reports shall be accepted as legal. [1919 c 4 § 18; RRS § 10070.] 18.57.150 Vital statistics: Chapter 70.58 RCW. 18.57.160 Unlawful practices. Every person falsely claiming himself or herself to be the person named in a certificate issued to another, or falsely claiming himself or herself to be the person entitled to the same, is guilty of forgery under RCW 9A.60.020. [2003 c 53 § 131; 1981 c 277 § 9; 1919 c 4 § 15; RRS § 10067. Cf. 1909 c 192 § 15.] 18.57.160 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Forgery: RCW 9A.60.020. 18.57.245 Insurer’s report of malpractice payments. Every institution or organization providing professional liability insurance to osteopathic physicians shall send a complete report to the board of all malpractice settlements, awards, or payments in excess of twenty thousand dollars as a result of a claim or action for damages alleged to have been caused by an insured physician’s incompetency or negligence in the practice of osteopathic medicine. Such institution or organization shall also report the award, settlement, or payment of three or more claims during a year as the result of the alleged physician’s incompetence or negligence in the practice of medicine regardless of the dollar amount of the award or payment. Reports required by this section shall be made within sixty days of the date of the settlement or verdict. Failure to comply with this section is punishable by a civil penalty not to exceed two hundred fifty dollars. [1986 c 300 § 10.] 18.57.245 Legislative findings—1986 c 300: "(1) The legislature finds that medical malpractice will be reduced if hospitals establish coordinated medical malpractice prevention programs and provide greater scrutiny of physicians prior to granting or renewing hospital privileges. (2) The legislature also finds that physician disciplinary boards can reduce medical malpractice if they have access to additional information on health care providers who are incompetent or impaired." [1986 c 300 § 1.] Severability—1986 c 300: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1986 c 300 § 12.] 18.57.250 Physician members of committees to evaluate credentials and qualifications of physicians—Immunity from civil suit. See RCW 4.24.240. 18.57.250 18.57.260 Physicians filing charges or presenting evidence before committees, boards, or hospitals—Immunity from civil suit. See RCW 4.24.250, 4.24.260. 18.57.260 (2008 Ed.) 18.57A.020 18.57.270 Records of medical society or hospital committee or board not subject to civil process. See RCW 4.24.250. 18.57.270 18.57.900 Interchangeable terms. The words "certificates" and "licenses" shall be known as interchangeable terms in this chapter. [1919 c 4 § 21; RRS § 10073.] 18.57.900 18.57.910 Repeal. All acts and parts of acts in conflict herewith are hereby repealed. [1919 c 4 § 22.] 18.57.910 18.57.915 Severability—1979 c 117. If any provision of this 1979 act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected. [1979 c 117 § 19.] 18.57.915 Chapter 18.57A RCW OSTEOPATHIC PHYSICIANS’ ASSISTANTS Chapter 18.57A Sections 18.57A.005 Regulation of health care professions—Criteria. 18.57A.010 Definitions. 18.57A.020 Rules fixing qualifications and restricting practice—Interim permit—Applications—Discipline. 18.57A.025 Application of uniform disciplinary act. 18.57A.030 Limitations on practice. 18.57A.040 Practice arrangements. 18.57A.050 Osteopathic physician’s liability, responsibility. 18.57A.060 Limitations on health care services. 18.57A.070 Physician assistant acupuncturist—Licensure. 18.57A.080 Signing and attesting to required documentation. Reviser’s note: Certain powers and duties of the department of licensing and the director of licensing transferred to the department of health and the secretary of health. See RCW 43.70.220. Health professions account—Fees credited—Requirements for biennial budget request—Unappropriated funds: RCW 43.70.320. Violation of chapter 69.50 RCW, the Uniform Controlled Substances Act— Suspension of license: RCW 69.50.413. 18.57A.005 Regulation of health care professions— Criteria. See chapter 18.120 RCW. 18.57A.005 18.57A.010 Definitions. (1) "Osteopathic physician’s assistant" means a person who has satisfactorily completed a board-approved training program designed to prepare persons to practice osteopathic medicine to a limited extent; (2) "Board" means the board of osteopathic medicine and surgery; and (3) "Practice medicine" shall have the meaning defined in RCW 18.57.001. [1979 c 117 § 17; 1971 ex.s. c 30 § 7.] 18.57A.010 Severability—1979 c 117: See RCW 18.57.915. Severability—1971 ex.s. c 30: See note following RCW 18.71A.010. 18.57A.020 Rules fixing qualifications and restricting practice—Interim permit—Applications—Discipline. (1) The board shall adopt rules fixing the qualifications and the educational and training requirements for licensure as an osteopathic physician assistant or for those enrolled in any physician assistant training program. The requirements shall include completion of an accredited physician assistant training program approved by the board and within one year successfully take and pass an examination approved by the 18.57A.020 [Title 18 RCW—page 171] 18.57A.025 Title 18 RCW: Businesses and Professions board, providing such examination tests subjects substantially equivalent to the curriculum of an accredited physician assistant training program. An interim permit may be granted by the department of health for one year provided the applicant meets all other requirements. Physician assistants licensed by the board of osteopathic medicine as of July 1, 1999, shall continue to be licensed. (2)(a) The board shall adopt rules governing the extent to which: (i) Physician assistant students may practice medicine during training; and (ii) Physician assistants may practice after successful completion of a training course. (b) Such rules shall provide: (i) That the practice of an osteopathic physician assistant shall be limited to the performance of those services for which he or she is trained; and (ii) That each osteopathic physician assistant shall practice osteopathic medicine only under the supervision and control of an osteopathic physician licensed in this state, but such supervision and control shall not be construed to necessarily require the personal presence of the supervising physicians at the place where services are rendered. The board may authorize the use of alternative supervisors who are licensed either under chapter 18.57 or 18.71 RCW. (3) Applicants for licensure shall file an application with the board on a form prepared by the secretary with the approval of the board, detailing the education, training, and experience of the physician assistant and such other information as the board may require. The application shall be accompanied by a fee determined by the secretary as provided in RCW 43.70.250 and 43.70.280. A surcharge of twenty-five dollars per year may be charged on each license renewal or issuance of a new license to be collected by the department of health for physician assistant participation in an impaired practitioner program. Each applicant shall furnish proof satisfactory to the board of the following: (a) That the applicant has completed an accredited physician assistant program approved by the board and is eligible to take the examination approved by the board; (b) That the applicant is of good moral character; and (c) That the applicant is physically and mentally capable of practicing osteopathic medicine as an osteopathic physician assistant with reasonable skill and safety. The board may require any applicant to submit to such examination or examinations as it deems necessary to determine an applicant’s physical and/or mental capability to safely practice as an osteopathic physician assistant. (4) The board may approve, deny, or take other disciplinary action upon the application for a license as provided in the uniform disciplinary act, chapter 18.130 RCW. The license shall be renewed as determined under RCW 43.70.250 and 43.70.280. [1999 c 127 § 2; 1998 c 132 § 13; 1996 c 191 § 39; 1993 c 28 § 1; 1992 c 28 § 1; 1971 ex.s. c 30 § 8.] Finding—Intent—Severability—1998 c 132: See notes following RCW 18.71.0195. Severability—1971 ex.s. c 30: See note following RCW 18.71A.010. 18.57A.025 Application of uniform disciplinary act. The uniform disciplinary act, chapter 18.130 RCW, governs 18.57A.025 [Title 18 RCW—page 172] the approval or disapproval of applications and the discipline of persons authorized to practice under this chapter. [1986 c 259 § 93.] Severability—1986 c 259: See note following RCW 18.130.010. 18.57A.030 18.57A.030 Limitations on practice. An osteopathic physician assistant as defined in this chapter may practice osteopathic medicine in this state only with the approval of the practice arrangement plan by the board and only to the extent permitted by the board. An osteopathic physician assistant who has received a license but who has not received board approval of the practice arrangement plan under RCW 18.57A.040 may not practice. An osteopathic physician assistant shall be subject to discipline by the board under the provisions of chapter 18.130 RCW. [1993 c 28 § 2; 1986 c 259 § 95; 1971 ex.s. c 30 § 9.] Severability—1986 c 259: See note following RCW 18.130.010. Severability—1971 ex.s. c 30: See note following RCW 18.71A.010. 18.57A.040 18.57A.040 Practice arrangements. (1) No osteopathic physician assistant practicing in this state shall be employed or supervised by an osteopathic physician or physician group without the approval of the board. (2) Prior to commencing practice, an osteopathic physician assistant licensed in this state shall apply to the board for permission to be employed or supervised by an osteopathic physician or physician group. The practice arrangement plan shall be jointly submitted by the osteopathic physician or physician group and osteopathic physician assistant. The secretary may charge a fee as provided in RCW 43.70.250 to recover the cost for the plan review. The practice arrangement plan shall delineate the manner and extent to which the physician assistant would practice and be supervised. Whenever an osteopathic physician assistant is practicing in a manner inconsistent with the approved practice arrangement plan, the board may take disciplinary action under chapter 18.130 RCW. [1993 c 28 § 3; 1991 c 3 § 152. Prior: 1986 c 259 § 96; 1985 c 7 § 57; 1975 1st ex.s. c 30 § 60; 1971 ex.s. c 30 § 10.] Severability—1986 c 259: See note following RCW 18.130.010. Severability—1971 ex.s. c 30: See note following RCW 18.71A.010. 18.57A.050 18.57A.050 Osteopathic physician’s liability, responsibility. No osteopathic physician who supervises a licensed osteopathic physician assistant in accordance with and within the terms of any permission granted by the board shall be considered as aiding and abetting an unlicensed person to practice osteopathic medicine within the meaning of RCW 18.57.001: PROVIDED, HOWEVER, That the supervising osteopathic physician and the osteopathic physician assistant shall retain professional and personal responsibility for any act which constitutes the practice of osteopathic medicine as defined in RCW 18.57.001 when performed by the physician assistant. [1993 c 28 § 4; 1986 c 259 § 97; 1971 ex.s. c 30 § 11.] Severability—1986 c 259: See note following RCW 18.130.010. Severability—1971 ex.s. c 30: See note following RCW 18.71A.010. (2008 Ed.) Occupational Therapy 18.57A.060 Limitations on health care services. No health care services may be performed under this chapter in any of the following areas: (1) The measurement of the powers or range of human vision, or the determination of the accommodation and refractive state of the human eye or the scope of its functions in general, or the fitting or adaptation of lenses or frames for the aid thereof. (2) The prescribing or directing the use of, or using, any optical device in connection with ocular exercises, visual training, vision training or orthoptics. (3) The prescribing of contact lenses for, or the fitting or adaptation of contact lenses to, the human eye. (4) Nothing in this section shall preclude the performance of routine visual screening. (5) The practice of dentistry or dental hygiene as defined in chapter 18.32 and 18.29 RCW respectively. The exemptions set forth in RCW 18.32.030, paragraphs (1) and (8), shall not apply to a physician’s assistant. (6) The practice of chiropractic as defined in chapter 18.25 RCW including the adjustment or manipulation of the articulations of the spine. (7) The practice of podiatric medicine and surgery as defined in chapter 18.22 RCW. [2000 c 171 § 21; 1973 c 77 § 20; 1971 ex.s. c 30 § 12.] 18.57A.060 Severability—1971 ex.s. c 30: See note following RCW 18.71A.010. 18.57A.070 Physician assistant acupuncturist— Licensure. Any physician assistant acupuncturist currently licensed as a physician assistant may continue to perform acupuncture under the physician assistant license as long as he or she maintains licensure as a physician assistant. [2000 c 93 § 41; 1977 ex.s. c 233 § 1.] 18.57A.070 Acupuncture: Chapter 18.06 RCW. 18.57A.080 Signing and attesting to required documentation. An osteopathic physician’s assistant may sign and attest to any certificates, cards, forms, or other required documentation that the osteopathic physician’s assistant’s supervising osteopathic physician or osteopathic physician group may sign, provided that it is within the osteopathic physician’s assistant’s scope of practice and is consistent with the terms of the osteopathic physician’s assistant’s practice arrangement plan as required by this chapter. [2007 c 264 § 2.] 18.57A.080 Finding—Intent—2007 c 264: See note following RCW 18.71A.090. Chapter 18.59 Chapter 18.59 RCW OCCUPATIONAL THERAPY Sections 18.59.005 18.59.010 18.59.020 18.59.031 18.59.040 18.59.050 18.59.060 18.59.070 18.59.080 18.59.090 (2008 Ed.) Regulation of health care professions—Criteria. Purpose. Definitions. License required. Activities not regulated by chapter—Limited permits. Licenses—Application—Requirements—Waiver. Examinations. Waiver of examination and licensing requirements—Applicants licensed in other states or territories. License issuance—Posting required. Renewal of licenses—Reinstatement of suspended or revoked licenses—Inactive status. 18.59.100 18.59.110 18.59.120 18.59.130 18.59.141 18.59.150 18.59.900 18.59.905 18.59.020 Duty to refer medical cases. Applications—Licenses—Limited permits. Board of occupational therapy practice established—Members—Terms—Meetings—Compensation. Board—Powers and duties—Rules. Application of uniform disciplinary act. Board—Staff. Short title. Severability—1984 c 9. Health professions account—Fees credited—Requirements for biennial budget request—Unappropriated funds: RCW 43.70.320. 18.59.005 Regulation of health care professions— Criteria. See chapter 18.120 RCW. 18.59.005 18.59.010 Purpose. In order to safeguard the public health, safety, and welfare; to protect the public from being mislead by incompetent, unethical, and unauthorized persons; to assure the highest degree of professional conduct on the part of occupational therapists and occupational therapy assistants; and to assure the availability of occupational therapy services of high quality to persons in need of such services, it is the purpose of this chapter to provide for the regulation of persons offering occupational therapy services to the public. [1984 c 9 § 2.] 18.59.010 18.59.020 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Board" means the board of occupational therapy practice. (2) "Occupational therapy" is the scientifically based use of purposeful activity with individuals who are limited by physical injury or illness, psychosocial dysfunction, developmental or learning disabilities, or the aging process in order to maximize independence, prevent disability, and maintain health. The practice encompasses evaluation, treatment, and consultation. Specific occupational therapy services include but are not limited to: Using specifically designed activities and exercises to enhance neurodevelopmental, cognitive, perceptual motor, sensory integrative, and psychomotor functioning; administering and interpreting tests such as manual muscle and sensory integration; teaching daily living skills; developing prevocational skills and play and avocational capabilities; designing, fabricating, or applying selected orthotic and prosthetic devices or selected adaptive equipment; and adapting environments for the handicapped. These services are provided individually, in groups, or through social systems. (3) "Occupational therapist" means a person licensed to practice occupational therapy under this chapter. (4) "Occupational therapy assistant" means a person licensed to assist in the practice of occupational therapy under the supervision or with the regular consultation of an occupational therapist. (5) "Occupational therapy aide" means a person who is trained to perform specific occupational therapy techniques under professional supervision as defined by the board but who does not perform activities that require advanced training in the sciences or practices involved in the profession of occupational therapy. 18.59.020 [Title 18 RCW—page 173] 18.59.031 Title 18 RCW: Businesses and Professions (6) "Occupational therapy practitioner" means a person who is credentialed as an occupational therapist or occupational therapy assistant. (7) "Person" means any individual, partnership, unincorporated organization, or corporate body, except that only an individual may be licensed under this chapter. (8) "Department" means the department of health. (9) "Secretary" means the secretary of health. [1999 c 333 § 1; 1991 c 3 § 153; 1984 c 9 § 3.] 18.59.031 License required. No person may practice or represent himself or herself as an occupational therapy practitioner without first having a valid license to do so. [1999 c 333 § 2; 1987 c 150 § 44.] 18.59.031 Severability—1987 c 150: See RCW 18.122.901. 18.59.040 Activities not regulated by chapter—Limited permits. This chapter shall not be construed as preventing or restricting the practice, services, or activities of: (1) A person licensed in this state under any other law from engaging in the profession or occupation for which the person is licensed; (2) A person employed as an occupational therapist or occupational therapy assistant by the government of the United States, if the person provides occupational therapy solely under the directions or control of the organization by which the person is employed; (3) A person pursuing a course of study leading to a degree or certificate in occupational therapy in an accredited or approved educational program if the activities and services constitute a part of a supervised course of study, if the person is designated by a title which clearly indicated the person’s status as a student or trainee; (4) A person fulfilling the supervised fieldwork experience requirements of RCW 18.59.050, if the activities and services constitute a part of the experience necessary to meet the requirements of RCW 18.59.050; (5) A person performing occupational therapy services in the state, if the services are performed for no more than ninety working days and if: (a) The person is licensed under the laws of another state which has licensure requirements at least as stringent as the requirements of this chapter, as determined by the board; or (b) The person has met commonly accepted standards for the practice of occupational therapy as specifically defined by the board; (6) A person employed by or supervised by an occupational therapist as an occupational therapy aide; (7) A person with a limited permit. A limited permit may be granted to persons who have completed the education and experience requirements of this chapter, or education and experience requirements which the board deems equivalent to those specified as requirements for licensure. The limited permit allows the applicant to practice in association with an occupational therapist. The limited permit is valid until the results of the next examination have been made public. One extension of this permit may be granted if the applicant has failed the examination, but during this period the person shall be under the direct supervision of an occupational therapist; 18.59.040 [Title 18 RCW—page 174] (8) Any persons who teach daily living skills, develop prevocational skills, and play and avocational capabilities, or adapt equipment or environments for the handicapped, or who do specific activities to enhance cognitive, perceptual motor, sensory integrative and psychomotor skills, but who do not hold themselves out to the public by any title, initials, or description of services as being engaged in the practice of occupational therapy; or (9) Any person who designs, fabricates, or applies orthotic or prosthetic devices which are prescribed by a health care professional authorized by the laws of the state of Washington to prescribe the device or to direct the design, fabrication or application of the device. [1985 c 296 § 1; 1984 c 9 § 5.] 18.59.050 Licenses—Application—Requirements— Waiver. (1) An applicant applying for a license as an occupational therapist or as an occupational therapy assistant shall file a written application on forms provided by the department showing to the satisfaction of the board that the applicant meets the requirements specified in this subsection. (a) The applicant shall be of good moral character. (b) The applicant shall present evidence satisfactory to the board of having successfully completed the academic requirements of an educational program in occupational therapy recognized by the board, with concentration in biological or physical science, psychology, sociology, and with education in selected manual skills. (i) For an occupational therapist, such a program shall be nationally accredited and approved by rules of the board. (ii) For an occupational therapy assistant, such a program shall be nationally accredited and approved by rules of the board. (c) The applicant shall submit to the board evidence of having successfully completed a period of supervised fieldwork experience at a recognized educational institution or a training program approved by the educational institution at which the applicant met the academic requirements. (i) For an occupational therapist, a minimum of six months of supervised fieldwork experience is required. (ii) For an occupational therapy assistant, a minimum of two months of supervised fieldwork experience is required. (d) An applicant for licensure as an occupational therapist or as an occupational therapy assistant shall pass an examination as provided in RCW 18.59.060. (2) The board may waive the educational requirements specified under subsection (1)(b)(ii) of this section for an occupational therapy assistant who has met the experience and any other requirements established by the board. Upon successful completion of the examination required of the occupational therapist, the individual shall be granted a license. [1984 c 9 § 6.] 18.59.050 18.59.060 Examinations. (1) A person applying for licensure shall demonstrate eligibility in accordance with RCW 18.59.050 and shall apply for examination upon a form and in such a manner as the department prescribes. The application shall be accompanied by the fee prescribed by RCW 18.59.110, which fee shall not be refunded. A person who 18.59.060 (2008 Ed.) Occupational Therapy fails an examination may apply for reexamination. The application shall be accompanied by the prescribed fee. (2) An applicant for licensure under this chapter shall be given a written examination to test the applicant’s knowledge of the basic and clinical sciences relating to occupational therapy and occupational therapy theory and practice, including the applicant’s professional skills of occupational therapy techniques and methods, and such other subjects as the board deems useful to determine the applicant’s fitness to practice. The board shall approve the examination and establish standards for acceptable performance. (3) Applicants for licensure shall be examined at a time and place and under such supervision as the board may determine. The examination shall be given at least twice each year at such places as the board determines, and the board shall give reasonable public notice of the examinations in accordance with its rules at least sixty days prior to the administration of the examination. (4) Applicants may obtain their examination scores and may review their papers in accordance with such rules as the board establishes. [1984 c 9 § 7.] 18.59.070 Waiver of examination and licensing requirements—Applicants licensed in other states or territories. (1) The board shall waive the examination and grant a license to a person engaged in the profession of an occupational therapist or an occupational therapy assistant on June 7, 1984, if the board determines that the person meets commonly accepted standards for the profession, as established by rule of the board. The board may waive the examination, education, or experience requirements and grant a license to any person meeting the standards adopted by the board under this section after June 7, 1984, if the board considers the requirements for licensure in this chapter as having been met. (2) The board may grant a license to any applicant who presents proof of current licensure as an occupational therapist or occupational therapy assistant in another state, the District of Columbia, or a territory of the United States, which requires standards for licensure considered by the board to be equivalent to the requirements for licensure under this chapter. (3) The board shall waive the education and experience requirements for licensure in RCW 18.59.050(1) (c) and (d) for applicants for licensure who present evidence to the board that they have been engaged in the practice of occupational therapy for the three years immediately prior to June 7, 1984. The proof of actual practice shall be presented to the board in such a manner as the board prescribes by rule. To obtain the waiver, an applicant shall file an application for examination no later than six months from June 7, 1984. An applicant who has filed for examination under this subsection shall be excluded from the licensure requirement until the date the results of the examination are made public, and may conduct the appropriate activities under *RCW 18.59.030. [1984 c 9 § 8.] 18.59.070 *Reviser’s note: RCW 18.59.030 was repealed by 1986 c 259 § 103. 18.59.080 License issuance—Posting required. The secretary shall issue a license to a person who meets the licensing requirements of this chapter upon payment of the 18.59.080 (2008 Ed.) 18.59.120 prescribed license fee. The license shall be posted in a conspicuous location at the person’s work site. [1991 c 3 § 154; 1984 c 9 § 9.] 18.59.090 Renewal of licenses—Reinstatement of suspended or revoked licenses—Inactive status. (1) Licenses under this chapter shall be renewed at the time and in the manner determined by the secretary and with the payment of a renewal fee. The board shall establish requirements for license renewal which provide evidence of continued competency. The secretary may provide for the late renewal of a license upon the payment of a late fee in accordance with its rules which may include additional continuing education or examination requirements. (2) A suspended license is subject to expiration and may be renewed as provided in this section, but the renewal does not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity, or in any other conduct or activity in violation of the order or judgment by which the license was suspended. If a license revoked on disciplinary grounds is reinstated, the licensee, as a condition of reinstatement, shall pay the renewal fee and any applicable late fee. (3) Any occupational therapist or occupational therapy assistant licensed under this chapter not practicing occupational therapy or providing services may place his or her license in an inactive status. The secretary may prescribe requirements for maintaining an inactive status and converting from an inactive or active status. [1991 c 3 § 155; 1990 c 13 § 1; 1984 c 9 § 10.] 18.59.090 18.59.100 Duty to refer medical cases. An occupational therapist shall, after evaluating a patient and if the case is a medical one, refer the case to a physician for appropriate medical direction if such direction is lacking. Treatment by an occupational therapist of such a medical case may take place only upon the referral of a physician, osteopathic physician, podiatric physician and surgeon, naturopath, chiropractor, physician assistant, psychologist, or advanced registered nurse practitioner licensed to practice in this state. [1999 c 333 § 3; 1986 c 259 § 101; 1984 c 9 § 11.] 18.59.100 Savings—1986 c 259 §§ 101, 103: "The repeal of RCW 18.59.030 and 18.59.200 and the amendment of RCW 18.59.100 by this act shall not be construed as affecting any rights and duties which matured, penalties which were incurred, and proceedings which were begun before June 11, 1986." [1986 c 259 § 104.] Severability—1986 c 259: See note following RCW 18.130.010. 18.59.110 Applications—Licenses—Limited permits. Administrative procedures, administrative requirements, and fees shall be established as provided in RCW 43.70.250 and 43.70.280 for applications, initial and renewal licenses, and limited permits. [1996 c 191 § 41; 1991 c 3 § 156; 1985 c 7 § 58; 1984 c 9 § 12.] 18.59.110 18.59.120 Board of occupational therapy practice established—Members—Terms—Meetings—Compensation. (1) There is established a board of occupational therapy practice. The board shall consist of five members appointed by the governor, who may consider the persons who are recommended for appointment by occupational therapy associa18.59.120 [Title 18 RCW—page 175] 18.59.130 Title 18 RCW: Businesses and Professions tions of the state. The members of the board shall be residents of the state. Four of the members shall have been engaged in rendering services to the public, teaching, or research in occupational therapy for at least five years immediately preceding their appointment. Three of these four board members shall be occupational therapists who shall at all times be holders of licenses for the practice of occupational therapy in the state, except for the initial members of the board, all of whom shall fulfill the requirements for licensure under this chapter. At least one member of the board shall be an occupational therapy assistant licensed to assist in the practice of occupational therapy, except for the initial member appointed to this position, who shall fulfill the requirements for licensure as a occupational therapy assistant under this chapter. The remaining member of the board shall be a member of the public with an interest in the rights of consumers of health services. (2) The governor shall, within sixty days after June 7, 1984, appoint one member for a term of one year, two members for a term of two years, and two members for a term of three years. Appointments made thereafter shall be for three-year terms, but no person shall be appointed to serve more than two consecutive full terms. Terms shall begin on the first day of the calendar year and end on the last day of the calendar year or until successors are appointed, except for the initial appointed members, who shall serve through the last calendar day of the year in which they are appointed before commencing the terms prescribed by this section. The governor shall make appointments for vacancies in unexpired terms within ninety days after the vacancies occur. (3) The board shall meet during the first month of each calendar year to select a chairman and for other purposes. At least one additional meeting shall be held before the end of each calendar year. Further meetings may be convened at the call of the chairman or the written request of any two board members. A majority of members of the board constitutes a quorum for all purposes. All meetings of the board shall be open to the public, except that the board may hold closed sessions to prepare, approve, grade, or administer examinations or, upon request of an applicant who fails an examination, to prepare a response indicating the reasons for the applicant’s failure. (4) Members of the board shall receive compensation in the amount of fifty dollars for each day’s attendance at proper meetings of the committee. [1984 c 9 § 13.] 18.59.130 18.59.130 Board—Powers and duties—Rules. (1) The board shall administer, coordinate, and enforce this chapter, evaluate qualifications under this chapter, and provide for supervision of examinations of applicants for licensure under this chapter. (2) The board may adopt such rules as it deems necessary in the administration of this chapter. [1986 c 259 § 102; 1984 c 9 § 14.] Severability—1986 c 259: See note following RCW 18.130.010. 18.59.141 18.59.141 Application of uniform disciplinary act. The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, and [Title 18 RCW—page 176] the discipline of licensees under this chapter. [1987 c 150 § 43; 1986 c 259 § 100.] Severability—1987 c 150: See RCW 18.122.901. Severability—1986 c 259: See note following RCW 18.130.010. 18.59.150 Board—Staff. The secretary shall provide such administrative and investigative staff as are necessary for the board to carry out its duties under this chapter. [1991 c 3 § 157; 1984 c 9 § 15.] 18.59.150 18.59.900 Short title. This chapter shall be known and may be cited as the occupational therapy practice act. [1984 c 9 § 1.] 18.59.900 18.59.905 Severability—1984 c 9. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1984 c 9 § 21.] 18.59.905 Chapter 18.64 Chapter 18.64 RCW PHARMACISTS Sections 18.64.001 18.64.002 18.64.003 18.64.005 18.64.009 18.64.011 18.64.020 18.64.040 18.64.043 18.64.044 18.64.045 18.64.046 18.64.047 18.64.050 18.64.080 18.64.140 18.64.160 18.64.163 18.64.165 18.64.200 18.64.205 18.64.245 18.64.246 18.64.250 18.64.255 18.64.257 18.64.270 18.64.275 18.64.280 18.64.300 18.64.301 18.64.302 18.64.310 State board of pharmacy—Creation—Membership—Oath— Vacancies. Regulation of health care professions—Criteria. State board of pharmacy—Meetings—Chairperson—Compensation and travel expenses. State board of pharmacy—Powers and duties. Department of health—Enforcement employees declared to be peace officers—Authority. Definitions. Licensing required. Examination fee. Pharmacy license—Fee—Display—Declaration of ownership and location—Penalties. Shopkeeper’s registration—Penalty—Ephedrine/pseudoephedrine/phenylpropanolamine. Manufacturer’s license—Fees—Display—Declaration of ownership and location—Penalties. Wholesaler’s license—Required—Authority of licensee— Penalty—Ephedrine/pseudoephedrine/phenylpropanolamine. Itinerant vendor’s or peddler’s registration—Fee—Penalties— Ephedrine/pseudoephedrine/phenylpropanolamine. Duplicate for lost or destroyed license or certificate—Certified documents—Fees. Licensing of pharmacists—Registration of interns—Prerequisites—Examinations—Reciprocity—Fees—Renewal. License—Fees—Display—Inactive license. Disciplinary action against pharmacist’s and intern’s licenses—Grounds. Uniform Disciplinary Act. Refusal, suspension, and revocation of other licenses. Refusal, suspension, and revocation of other licenses—Appeal procedure. Retired active license status. Prescription records—Penalty. Prescriptions—Labels—Cover or cap to meet safety standards—Penalty. Unlawful practices—Penalty for violations—Exceptions. Authorized practices. Prescription of legend drugs by dialysis programs. Responsibility for drug purity—Adulteration—Penalty. Limitations on liability for dispensing of prescription. General penalty. Pharmacist members of committees to evaluate credentials and qualifications of pharmacists—Immunity from civil suit. Pharmacists filing charges or presenting evidence before pharmaceutical society—Immunity from civil suit. Records of pharmaceutical society not subject to civil process. Department of health—Powers and duties. (2008 Ed.) Pharmacists 18.64.350 18.64.360 18.64.370 18.64.380 18.64.390 18.64.400 18.64.410 18.64.420 18.64.430 18.64.450 18.64.460 18.64.470 18.64.480 18.64.490 18.64.900 18.64.910 18.64.911 18.64.920 Nonresident pharmacies—Findings. Nonresident pharmacies—Definition—Requirements— Exemption—Reciprocity with Canadian pharmacies. Nonresident pharmacies—License required—Application— Renewal. Nonresident pharmacies—Information required—Inspection. Nonresident pharmacies—Violations—Penalties. Nonresident pharmacies—Definition—Advertising. Nonresident pharmacies—Rules. Nonresident pharmacies—Information confidential—Exceptions. Cost disclosure to health care providers. Health care entity—License requirements for legend drugs and controlled substances—Exception. Health care entity—License fee—Requirements—Penalty. Health care entity—Records. Waiver request to allow importation of prescription drugs from Canada. Waiver request to authorize the state to license Canadian, United Kingdom, Irish, and other nondomestic prescription drug wholesalers under RCW 18.64.046—Implementation—Rules. Severability—1923 c 180. Severability—1935 c 98. Severability—1963 c 38. Repealer—1935 c 98. AIDS education and training: Chapter 70.24 RCW. Authority of board of pharmacy to regulate packaging of drugs and cosmetics under poison prevention act: RCW 70.106.150. Dentists, filling prescriptions issued by: RCW 18.32.685. Drugs and cosmetics: Chapter 69.04 RCW. Health professions account—Fees credited—Requirements for biennial budget request—Unappropriated funds: RCW 43.70.320. Licensee and registrant requirements regarding ephedrine, pseudoephedrine, or phenylpropanolamine: RCW 69.43.160. Poisons and dangerous drugs, dispensing and sale: Chapter 69.40 RCW. Rebating by vendors of medical supplies prohibited: Chapter 19.68 RCW. Regulation of practice of medicine and surgery, sale of drugs and medicines: State Constitution Art. 20 § 2. Unlawful to refill trademarked containers: RCW 19.76.110. 18.64.001 State board of pharmacy—Creation— Membership—Oath—Vacancies. There shall be a state board of pharmacy consisting of seven members, to be appointed by the governor by and with the advice and consent of the senate. Five of the members shall be designated as pharmacist members and two of the members shall be designated a public member. Each pharmacist member shall be a citizen of the United States and a resident of this state, and at the time of his appointment shall have been a duly registered pharmacist under the laws of this state for a period of at least five consecutive years immediately preceding his appointment and shall at all times during his incumbency continue to be a duly licensed pharmacist: PROVIDED, That subject to the availability of qualified candidates the governor shall appoint pharmacist members representative of the areas of practice and geographically representative of the state of Washington. The public member shall be a citizen of the United States and a resident of this state. The public member shall be appointed from the public at large, but shall not be affiliated with any aspect of pharmacy. Members of the board shall hold office for a term of four years, and the terms shall be staggered so that the terms of office of not more than two members will expire simultaneously on the third Monday in January of each year. No person who has been appointed to and served for two four year terms shall be eligible for appointment to the board. 18.64.001 (2008 Ed.) 18.64.005 Each member shall qualify by taking the usual oath of a state officer, which shall be filed with the secretary of state, and each member shall hold office for the term of his appointment and until his successor is appointed and qualified. In case of the resignation or disqualification of a member, or a vacancy occurring from any cause, the governor shall appoint a successor for the unexpired term. [1984 c 153 § 1; 1981 c 338 § 17; 1973 1st ex.s. c 18 § 1; 1963 c 38 § 16; 1935 c 98 § 1; RRS § 10132. Formerly RCW 43.69.010.] 18.64.002 Regulation of health care professions— Criteria. See chapter 18.120 RCW. 18.64.002 18.64.003 State board of pharmacy—Meetings— Chairperson—Compensation and travel expenses. Members of the board shall meet at such places and times as it shall determine and as often as necessary to discharge the duties imposed upon it. The board shall elect a chairperson and a vice chairperson from among its members. Each member shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. [1984 c 287 § 43; 1979 c 90 § 1; 1975-’76 2nd ex.s. c 34 § 40; 1963 c 38 § 17; 1935 c 98 § 2; RRS § 10132-1. Formerly RCW 43.69.020.] 18.64.003 Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. 18.64.005 State board of pharmacy—Powers and duties. The board shall: (1) Regulate the practice of pharmacy and enforce all laws placed under its jurisdiction; (2) Prepare or determine the nature of, and supervise the grading of, examinations for applicants for pharmacists’ licenses; (3) Establish the qualifications for licensure of pharmacists or pharmacy interns; (4) Conduct hearings for the revocation or suspension of licenses, permits, registrations, certificates, or any other authority to practice granted by the board, which hearings may also be conducted by an administrative law judge appointed under chapter 34.12 RCW; (5) Issue subpoenas and administer oaths in connection with any hearing, or disciplinary proceeding held under this chapter or any other chapter assigned to the board; (6) Assist the regularly constituted enforcement agencies of this state in enforcing all laws pertaining to drugs, controlled substances, and the practice of pharmacy, or any other laws or rules under its jurisdiction; (7) Promulgate rules for the dispensing, distribution, wholesaling, and manufacturing of drugs and devices and the practice of pharmacy for the protection and promotion of the public health, safety, and welfare. Violation of any such rules shall constitute grounds for refusal, suspension, or revocation of licenses or any other authority to practice issued by the board; (8) Adopt rules establishing and governing continuing education requirements for pharmacists and other licensees applying for renewal of licenses under this chapter; 18.64.005 [Title 18 RCW—page 177] 18.64.009 Title 18 RCW: Businesses and Professions (9) Be immune, collectively and individually, from suit in any action, civil or criminal, based upon any disciplinary proceedings or other official acts performed as members of such board. Such immunity shall apply to employees of the department when acting in the course of disciplinary proceedings; (10) Suggest strategies for preventing, reducing, and eliminating drug misuse, diversion, and abuse, including professional and public education, and treatment of persons misusing and abusing drugs; (11) Conduct or encourage educational programs to be conducted to prevent the misuse, diversion, and abuse of drugs for health care practitioners and licensed or certified health care facilities; (12) Monitor trends of drug misuse, diversion, and abuse and make periodic reports to disciplinary boards of licensed health care practitioners and education, treatment, and appropriate law enforcement agencies regarding these trends; (13) Enter into written agreements with all other state and federal agencies with any responsibility for controlling drug misuse, diversion, or abuse and with health maintenance organizations, health care service contractors, and health care providers to assist and promote coordination of agencies responsible for ensuring compliance with controlled substances laws and to monitor observance of these laws and cooperation between these agencies. The department of social and health services, the department of labor and industries, and any other state agency including licensure disciplinary boards, shall refer all apparent instances of over-prescribing by practitioners and all apparent instances of legend drug overuse to the department. The department shall also encourage such referral by health maintenance organizations, health service contractors, and health care providers. [1990 c 83 § 1; 1989 1st ex.s. c 9 § 409; 1984 c 153 § 2; 1981 c 67 § 21; 1979 c 90 § 2; 1973 1st ex.s. c 18 § 2; 1963 c 38 § 18; 1935 c 98 § 3; RRS § 10132-2. Formerly RCW 43.69.030.] Section captions not law—1990 c 83: "Section captions as used in this act do not constitute any part of the law." [1990 c 83 § 3.] Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. Effective dates—Severability—1981 c 67: See notes following RCW 34.12.010. 18.64.009 Department of health—Enforcement employees declared to be peace officers—Authority. Employees of the department, who are designated by the board as enforcement officers, are declared to be peace officers and shall be vested with police powers to enforce chapters 18.64, 69.04, 69.36, 69.40, 69.41, and 69.50 RCW and all other laws enforced by the board. [1989 1st ex.s. c 9 § 411; 1985 c 7 § 59; 1979 c 90 § 4; 1969 ex.s. c 82 § 1.] 18.64.009 Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. 18.64.011 Definitions. Unless the context clearly requires otherwise, definitions of terms shall be as indicated when used in this chapter. (1) "Person" means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. 18.64.011 [Title 18 RCW—page 178] (2) "Board" means the Washington state board of pharmacy. (3) "Drugs" means: (a) Articles recognized in the official United States pharmacopoeia or the official homeopathic pharmacopoeia of the United States; (b) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; (c) Substances (other than food) intended to affect the structure or any function of the body of man or other animals; or (d) Substances intended for use as a component of any substances specified in (a), (b), or (c) of this subsection, but not including devices or their component parts or accessories. (4) "Device" means instruments, apparatus, and contrivances, including their components, parts, and accessories, intended (a) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals, or (b) to affect the structure or any function of the body of man or other animals. (5) "Nonlegend" or "nonprescription" drugs means any drugs which may be lawfully sold without a prescription. (6) "Legend drugs" means any drugs which are required by any applicable federal or state law or regulation to be dispensed on prescription only or are restricted to use by practitioners only. (7) "Controlled substance" means a drug or substance, or an immediate precursor of such drug or substance, so designated under or pursuant to the provisions of chapter 69.50 RCW. (8) "Prescription" means an order for drugs or devices issued by a practitioner duly authorized by law or rule in the state of Washington to prescribe drugs or devices in the course of his or her professional practice for a legitimate medical purpose. (9) "Practitioner" means a physician, dentist, veterinarian, nurse, or other person duly authorized by law or rule in the state of Washington to prescribe drugs. (10) "Pharmacist" means a person duly licensed by the Washington state board of pharmacy to engage in the practice of pharmacy. (11) "Practice of pharmacy" includes the practice of and responsibility for: Interpreting prescription orders; the compounding, dispensing, labeling, administering, and distributing of drugs and devices; the monitoring of drug therapy and use; the initiating or modifying of drug therapy in accordance with written guidelines or protocols previously established and approved for his or her practice by a practitioner authorized to prescribe drugs; the participating in drug utilization reviews and drug product selection; the proper and safe storing and distributing of drugs and devices and maintenance of proper records thereof; the providing of information on legend drugs which may include, but is not limited to, the advising of therapeutic values, hazards, and the uses of drugs and devices. (12) "Pharmacy" means every place properly licensed by the board of pharmacy where the practice of pharmacy is conducted. (13) The words "drug" and "devices" shall not include surgical or dental instruments or laboratory materials, gas and (2008 Ed.) Pharmacists oxygen, therapy equipment, X-ray apparatus or therapeutic equipment, their component parts or accessories, or equipment, instruments, apparatus, or contrivances used to render such articles effective in medical, surgical, or dental treatment, or for use or consumption in or for mechanical, industrial, manufacturing, or scientific applications or purposes, nor shall the word "drug" include any article or mixture covered by the Washington pesticide control act (chapter 15.58 RCW), as enacted or hereafter amended, nor medicated feed intended for and used exclusively as a feed for animals other than man. (14) The word "poison" shall not include any article or mixture covered by the Washington pesticide control act (chapter 15.58 RCW), as enacted or hereafter amended. (15) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a drug or device, whether or not there is an agency relationship. (16) "Dispense" means the interpretation of a prescription or order for a drug, biological, or device and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery. (17) "Distribute" means the delivery of a drug or device other than by administering or dispensing. (18) "Compounding" shall be the act of combining two or more ingredients in the preparation of a prescription. (19) "Wholesaler" shall mean a corporation, individual, or other entity which buys drugs or devices for resale and distribution to corporations, individuals, or entities other than consumers. (20) "Manufacture" means the production, preparation, propagation, compounding, or processing of a drug or other substance or device or the packaging or repackaging of such substance or device, or the labeling or relabeling of the commercial container of such substance or device, but does not include the activities of a practitioner who, as an incident to his or her administration or dispensing such substance or device in the course of his or her professional practice, prepares, compounds, packages, or labels such substance or device. (21) "Manufacturer" shall mean a person, corporation, or other entity engaged in the manufacture of drugs or devices. (22) "Labeling" shall mean the process of preparing and affixing a label to any drug or device container. The label must include all information required by current federal and state law and pharmacy rules. (23) "Administer" means the direct application of a drug or device, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject. (24) "Master license system" means the mechanism established by chapter 19.02 RCW by which master licenses, endorsed for individual state-issued licenses, are issued and renewed utilizing a master application and a master license expiration date common to each renewable license endorsement. (25) "Department" means the department of health. (26) "Secretary" means the secretary of health or the secretary’s designee. (27) "Health care entity" means an organization that provides health care services in a setting that is not otherwise licensed by the state. Health care entity includes a free-stand(2008 Ed.) 18.64.043 ing outpatient surgery center or a free-standing cardiac care center. It does not include an individual practitioner’s office or a multipractitioner clinic. [1997 c 129 § 1; 1995 c 319 § 2; 1989 1st ex.s. c 9 § 412; 1984 c 153 § 3; 1982 c 182 § 29; 1979 c 90 § 5; 1963 c 38 § 1.] Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. Severability—1982 c 182: See RCW 19.02.901. 18.64.020 Licensing required. It shall hereafter be unlawful for any person to practice pharmacy or to institute or operate any pharmacy unless such person shall be a licensed pharmacist or shall place in charge of said pharmacy a licensed pharmacist: PROVIDED, That persons licensed as manufacturers or as wholesalers, and their employees, acting within the scope of their licenses, shall be exempt from this section. [1979 c 90 § 6; 1899 c 121 § 1; RRS § 10126. Prior: 1891 c 113 § 1. Formerly RCW 18.67.010, part.] 18.64.020 18.64.040 Examination fee. Every applicant for license examination under this chapter shall pay the sum determined by the secretary under RCW 43.70.250 and 43.70.280 before the examination is attempted. [1996 c 191 § 42; 1989 1st ex.s. c 9 § 413; 1979 c 90 § 7; 1971 ex.s. c 201 § 1; 1963 c 38 § 2; 1949 c 153 § 1; 1935 c 98 § 4; 1909 c 213 § 5; 1899 c 121 § 10; Rem. Supp. 1949 § 10135.] 18.64.040 Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. Severability—1971 ex.s. c 201: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1971 ex.s. c 201 § 9.] 18.64.043 Pharmacy license—Fee—Display—Declaration of ownership and location—Penalties. (1) The owner of each pharmacy shall pay an original license fee to be determined by the secretary, and annually thereafter, on or before a date to be determined by the secretary, a fee to be determined by the secretary, for which he or she shall receive a license of location, which shall entitle the owner to operate such pharmacy at the location specified, or such other temporary location as the secretary may approve, for the period ending on a date to be determined by the secretary as provided in RCW 43.70.250 and 43.70.280, and each such owner shall at the time of filing proof of payment of such fee as provided in RCW 18.64.045 as now or hereafter amended, file with the department on a blank therefor provided, a declaration of ownership and location, which declaration of ownership and location so filed as aforesaid shall be deemed presumptive evidence of ownership of the pharmacy mentioned therein. (2) It shall be the duty of the owner to immediately notify the department of any change of location or ownership and to keep the license of location or the renewal thereof properly exhibited in said pharmacy. (3) Failure to comply with this section shall be deemed a misdemeanor, and each day that said failure continues shall be deemed a separate offense. (4) In the event such license fee remains unpaid on the date due, no renewal or new license shall be issued except upon compliance with administrative procedures, administra18.64.043 [Title 18 RCW—page 179] 18.64.044 Title 18 RCW: Businesses and Professions tive requirements, and fees determined as provided in RCW 43.70.250 and 43.70.280. [1996 c 191 § 43; 1991 c 229 § 3; 1989 1st ex.s. c 9 § 414; 1984 c 153 § 4; 1979 c 90 § 8; 1971 ex.s. c 201 § 2; 1963 c 38 § 3; 1949 c 153 § 4; 1935 c 98 § 8; 1909 c 213 § 12; Rem. Supp. 1949 § 10145. Formerly RCW 18.67.020.] Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. Severability—1971 ex.s. c 201: See note following RCW 18.64.040. 18.64.044 Shopkeeper’s registration—Penalty— Ephedrine/pseudoephedrine/phenylpropanolamine. (1) A shopkeeper registered as provided in this section may sell nonprescription drugs, if such drugs are sold in the original package of the manufacturer. (2) Every shopkeeper not a licensed pharmacist, desiring to secure the benefits and privileges of this section, is hereby required to register as a shopkeeper through the master license system, and he or she shall pay the fee determined by the secretary for registration, and on a date to be determined by the secretary thereafter the fee determined by the secretary for renewal of the registration; and shall at all times keep said registration or the current renewal thereof conspicuously exposed in the location to which it applies. In event such shopkeeper’s registration is not renewed by the master license expiration date, no renewal or new registration shall be issued except upon payment of the registration renewal fee and the master license delinquency fee under chapter 19.02 RCW. This registration fee shall not authorize the sale of legend drugs or controlled substances. (3) The registration fees determined by the secretary under subsection (2) of this section shall not exceed the cost of registering the shopkeeper. (4) Any shopkeeper who shall vend or sell, or offer to sell to the public any such nonprescription drug or preparation without having registered to do so as provided in this section, shall be guilty of a misdemeanor and each sale or offer to sell shall constitute a separate offense. (5) A shopkeeper who is not a licensed pharmacy may purchase products containing any detectable quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, only from a wholesaler licensed by the department under RCW 18.64.046 or from a manufacturer licensed by the department under RCW 18.64.045. The board shall issue a warning to a shopkeeper who violates this subsection, and may suspend or revoke the registration of the shopkeeper for a subsequent violation. (6) A shopkeeper who has purchased products containing any detectable quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, in a suspicious transaction as defined in RCW 69.43.035, is subject to the following requirements: (a) The shopkeeper may not sell any quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, if the total monthly sales of these products exceed ten percent of the shopkeeper’s total prior monthly sales of nonprescription drugs in March through October. In November through February, the shopkeeper may not sell any quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, if the total monthly sales of these products 18.64.044 [Title 18 RCW—page 180] exceed twenty percent of the shopkeeper’s total prior monthly sales of nonprescription drugs. For purposes of this section, "monthly sales" means total dollars paid by buyers. The board may suspend or revoke the registration of a shopkeeper who violates this subsection. (b) The shopkeeper shall maintain inventory records of the receipt and disposition of nonprescription drugs, utilizing existing inventory controls if an auditor or investigator can determine compliance with (a) of this subsection, and otherwise in the form and manner required by the board. The records must be available for inspection by the board or any law enforcement agency and must be maintained for two years. The board may suspend or revoke the registration of a shopkeeper who violates this subsection. For purposes of this subsection, "disposition" means the return of product to the wholesaler or distributor. [2005 c 388 § 5; 2004 c 52 § 2. Prior: 1989 1st ex.s. c 9 § 401; 1989 c 352 § 1; 1984 c 153 § 5; 1982 c 182 § 30; 1979 c 90 § 17.] Finding—Effective dates—Severability—2005 c 388: See notes following RCW 69.43.105. Finding—2004 c 52: "The legislature finds that quantities of ephedrine, pseudoephedrine, and phenylpropanolamine continue to be sold at the wholesale and retail levels far in excess of legitimate consumer needs. The excess quantities being sold are most likely used in the criminal manufacture of methamphetamine. It is therefore necessary for the legislature to further regulate the sales of these drugs, including sales from out-of-state sources, in order to reduce the threat that methamphetamine presents to the people of the state." [2004 c 52 § 1.] Severability—2004 c 52: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2004 c 52 § 8.] Effective date—2004 c 52: "This act takes effect July 1, 2004." [2004 c 52 § 9.] Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. Severability—1982 c 182: See RCW 19.02.901. Master license delinquency fee—Rate—Disposition: RCW 19.02.085. expiration date: RCW 19.02.090. system existing licenses or permits registered under, when: RCW 19.02.810. generally: RCW 18.64.011(24). to include additional licenses: RCW 19.02.110. 18.64.045 Manufacturer’s license—Fees—Display— Declaration of ownership and location—Penalties. (1) The owner of each and every place of business which manufactures drugs shall pay a license fee to be determined by the secretary, and thereafter, on or before a date to be determined by the secretary, a fee to be determined by the secretary as provided in RCW 43.70.250 and 43.70.280, for which the owner shall receive a license of location from the department, which shall entitle the owner to manufacture drugs at the location specified for the period ending on a date to be determined by the secretary, and each such owner shall at the time of payment of such fee file with the department, on a blank therefor provided, a declaration of ownership and location, which declaration of ownership and location so filed as aforesaid shall be deemed presumptive evidence of the ownership of such place of business mentioned therein. It shall be the duty of the owner to notify immediately the department of any change of location or ownership and to keep the license 18.64.045 (2008 Ed.) Pharmacists of location or the renewal thereof properly exhibited in such place of business. (2) Failure to conform with this section is a misdemeanor, and each day that the failure continues is a separate offense. (3) In event the license fee remains unpaid on the date due, no renewal or new license shall be issued except upon compliance with administrative procedures, administrative requirements, and fees determined as provided in RCW 43.70.250 and 43.70.280. [2003 c 53 § 132; 1996 c 191 § 44; 1991 c 229 § 4; 1989 1st ex.s. c 9 § 416; 1984 c 153 § 6; 1979 c 90 § 9; 1971 ex.s. c 201 § 3; 1963 c 38 § 4; 1949 c 153 § 5; Rem. Supp. 1949 § 10154-4. Formerly RCW 18.67.140.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. Severability—1971 ex.s. c 201: See note following RCW 18.64.040. 18.64.046 Wholesaler’s license—Required—Authority of licensee—Penalty—Ephedrine/pseudoephedrine/phenylpropanolamine. (1) The owner of each place of business which sells legend drugs and nonprescription drugs, or nonprescription drugs at wholesale shall pay a license fee to be determined by the secretary, and thereafter, on or before a date to be determined by the secretary as provided in RCW 43.70.250 and 43.70.280, a like fee to be determined by the secretary, for which the owner shall receive a license of location from the department, which shall entitle such owner to either sell legend drugs and nonprescription drugs or nonprescription drugs at wholesale at the location specified for the period ending on a date to be determined by the secretary, and each such owner shall at the time of payment of such fee file with the department, on a blank therefor provided, a declaration of ownership and location, which declaration of ownership and location so filed as aforesaid shall be deemed presumptive evidence of the ownership of such place of business mentioned therein. It shall be the duty of the owner to notify immediately the department of any change of location and ownership and to keep the license of location or the renewal thereof properly exhibited in such place of business. (2) Failure to conform with this section is a misdemeanor, and each day that the failure continues is a separate offense. (3) In event the license fee remains unpaid on the date due, no renewal or new license shall be issued except upon compliance with administrative procedures, administrative requirements, and fees determined as provided in RCW 43.70.250 and 43.70.280. (4) No wholesaler may sell any quantity of drug products containing ephedrine, pseudoephedrine, phenylpropanolamine, or their salts, isomers, or salts of isomers, if the total monthly sales of these products to persons within the state of Washington exceed five percent of the wholesaler’s total prior monthly sales of nonprescription drugs to persons within the state in March through October. In November through February, no wholesaler may sell any quantity of drug products containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers if the total monthly sales of these products to persons 18.64.046 (2008 Ed.) 18.64.047 within the state of Washington exceed ten percent of the wholesaler’s total prior monthly sales of nonprescription drugs to persons within the state. For purposes of this section, monthly sales means total dollars paid by buyers. The board may suspend or revoke the license of any wholesaler that violates this section. (5) The board may exempt a wholesaler from the limitations of subsection (4) of this section if it finds that the wholesaler distributes nonprescription drugs only through transactions between divisions, subsidiaries, or related companies when the wholesaler and the retailer are related by common ownership, and that neither the wholesaler nor the retailer has a history of suspicious transactions in precursor drugs as defined in RCW 69.43.035. (6) The requirements for a license apply to all persons, in Washington and outside of Washington, who sell both legend drugs and nonprescription drugs and to those who sell only nonprescription drugs, at wholesale to pharmacies, practitioners, and shopkeepers in Washington. (7)(a) No wholesaler may sell any product containing any detectable quantity of ephedrine, pseudoephedrine, phenylpropanolamine, or their salts, isomers, or salts of isomers, to any person in Washington other than a pharmacy licensed under this chapter, a shopkeeper or itinerant vendor registered under this chapter, a practitioner as defined in RCW 18.64.011, or a traditional Chinese herbal practitioner as defined in RCW 69.43.105. (b) A violation of this subsection is punishable as a class C felony according to chapter 9A.20 RCW, and each sale in violation of this subsection constitutes a separate offense. [2005 c 388 § 6; 2004 c 52 § 3; 2003 c 53 § 133; 1996 c 191 § 45; 1991 c 229 § 5; 1989 1st ex.s. c 9 § 417; 1984 c 153 § 7; 1979 c 90 § 18.] Finding—Effective dates—Severability—2005 c 388: See notes following RCW 69.43.105. Finding—Severability—Effective date—2004 c 52: See notes following RCW 18.64.044. Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. 18.64.047 Itinerant vendor’s or peddler’s registration—Fee—Penalties—Ephedrine/pseudoephedrine/phenylpropanolamine. (1) Any itinerant vendor or any peddler of any nonprescription drug or preparation for the treatment of disease or injury, shall pay a registration fee determined by the secretary on a date to be determined by the secretary as provided in RCW 43.70.250 and 43.70.280. The department may issue a registration to such vendor on an approved application made to the department. (2) Any itinerant vendor or peddler who shall vend or sell, or offer to sell to the public any such nonprescription drug or preparation without having registered to do so as provided in this section, is guilty of a misdemeanor and each sale or offer to sell shall constitute a separate offense. (3) In event the registration fee remains unpaid on the date due, no renewal or new registration shall be issued except upon compliance with administrative procedures, administrative requirements, and fees determined as provided 18.64.047 [Title 18 RCW—page 181] 18.64.050 Title 18 RCW: Businesses and Professions in RCW 43.70.250 and 43.70.280. This registration shall not authorize the sale of legend drugs or controlled substances. (4) An itinerant vendor may purchase products containing any detectable quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers only from a wholesaler licensed by the department under RCW 18.64.046 or from a manufacturer licensed by the department under RCW 18.64.045. The board shall issue a warning to an itinerant vendor who violates this subsection, and may suspend or revoke the registration of the vendor for a subsequent violation. (5) An itinerant vendor who has purchased products containing any detectable quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, in a suspicious transaction as defined in RCW 69.43.035, is subject to the following requirements: (a) The itinerant vendor may not sell any quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, if the total monthly sales of these products exceed ten percent of the vendor’s total prior monthly sales of nonprescription drugs in March through October. In November through February, the vendor may not sell any quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, if the total monthly sales of these products exceed twenty percent of the vendor’s total prior monthly sales of nonprescription drugs. For purposes of this section, "monthly sales" means total dollars paid by buyers. The board may suspend or revoke the registration of an itinerant vendor who violates this subsection. (b) The itinerant vendor shall maintain inventory records of the receipt and disposition of nonprescription drugs, utilizing existing inventory controls if an auditor or investigator can determine compliance with (a) of this subsection, and otherwise in the form and manner required by the board. The records must be available for inspection by the board or any law enforcement agency and must be maintained for two years. The board may suspend or revoke the registration of an itinerant vendor who violates this subsection. For purposes of this subsection, "disposition" means the return of product to the wholesaler or distributor. [2005 c 388 § 7; 2004 c 52 § 4; 2003 c 53 § 134; 1996 c 191 § 46; 1991 c 229 § 6; 1989 1st ex.s. c 9 § 418; 1984 c 153 § 8; 1979 c 90 § 10; 1971 ex.s. c 201 § 4; 1963 c 38 § 5; 1949 c 153 § 3; 1935 c 98 § 7; 1899 c 121 § 16; Rem. Supp. 1949 § 10141. Formerly RCW 18.60.010 through 18.60.030.] Finding—Effective dates—Severability—2005 c 388: See notes following RCW 69.43.105. Finding—Severability—Effective date—2004 c 52: See notes following RCW 18.64.044. Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. Severability—1971 ex.s. c 201: See note following RCW 18.64.040. 18.64.050 Duplicate for lost or destroyed license or certificate—Certified documents—Fees. In the event that a license or certificate issued by the department is lost or destroyed, the person to whom it was issued may obtain a duplicate thereof upon furnishing proof of such fact satisfac18.64.050 [Title 18 RCW—page 182] tory to the department and the payment of a fee determined by the secretary. In the event any person desires any certified document to which he is entitled, he shall receive the same upon payment of a fee determined by the secretary. [1989 1st ex.s. c 9 § 419; 1984 c 153 § 9; 1963 c 38 § 6; 1935 c 98 § 9; RRS § 10145-1. FORMER PART OF SECTION: 1935 c 98 § 10; RRS § 10145-2, now codified as RCW 18.64.055.] Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. 18.64.080 Licensing of pharmacists—Registration of interns—Prerequisites—Examinations—Reciprocity— Fees—Renewal. (1) The department may license as a pharmacist any person who has filed an application therefor, subscribed by the person under oath or affirmation, containing such information as the board may by regulation require, and who— (a) Is at least eighteen years of age; (b) Has satisfied the board that he or she is of good moral and professional character, that he or she will carry out the duties and responsibilities required of a pharmacist, and that he or she is not unfit or unable to practice pharmacy by reason of the extent or manner of his or her proven use of alcoholic beverages, drugs, or controlled substances, or by reason of a proven physical or mental disability; (c) Holds a baccalaureate degree in pharmacy or a doctor of pharmacy degree granted by a school or college of pharmacy which is accredited by the board of pharmacy; (d) Has completed or has otherwise met the internship requirements as set forth in board rules; (e) Has satisfactorily passed the necessary examinations approved by the board and administered by the department. (2) The department shall, at least once in every calendar year, offer an examination to all applicants for a pharmacist license who have completed their educational and internship requirements pursuant to rules promulgated by the board. The examination shall be determined by the board. In case of failure at a first examination, the applicant shall have within three years the privilege of a second and third examination. In case of failure in a third examination, the applicant shall not be eligible for further examination until he or she has satisfactorily completed additional preparation as directed and approved by the board. The applicant must pay the examination fee determined by the secretary for each examination taken. Upon passing the required examinations and complying with all the rules and regulations of the board and the provisions of this chapter, the department shall grant the applicant a license as a pharmacist and issue to him or her a certificate qualifying him or her to enter into the practice of pharmacy. (3) Any person enrolled as a student of pharmacy in an accredited college may file with the department an application for registration as a pharmacy intern in which application he or she shall be required to furnish such information as the board may, by regulation, prescribe and, simultaneously with the filing of said application, shall pay to the department a fee to be determined by the secretary. All certificates issued to pharmacy interns shall be valid for a period to be determined by the board, but in no instance shall the certificate be valid if the individual is no longer making timely progress toward 18.64.080 (2008 Ed.) Pharmacists graduation, provided however, the board may issue an intern certificate to a person to complete an internship to be eligible for initial licensure or for the reinstatement of a previously licensed pharmacist. (4) To assure adequate practical instruction, pharmacy internship experience as required under this chapter shall be obtained after registration as a pharmacy intern by practice in any licensed pharmacy or other program meeting the requirements promulgated by regulation of the board, and shall include such instruction in the practice of pharmacy as the board by regulation shall prescribe. (5) The department may, without examination other than one in the laws relating to the practice of pharmacy, license as a pharmacist any person who, at the time of filing application therefor, is currently licensed as a pharmacist in any other state, territory, or possession of the United States. The person shall produce evidence satisfactory to the department of having had the required secondary and professional education and training and who was licensed as a pharmacist by examination in another state prior to June 13, 1963, shall be required to satisfy only the requirements which existed in this state at the time he or she became licensed in such other state, and that the state in which the person is licensed shall under similar conditions grant reciprocal licenses as pharmacist without examination to pharmacists duly licensed by examination in this state. Every application under this subsection shall be accompanied by a fee determined by the department. (6) The department shall provide for, regulate, and require all persons licensed as pharmacists to renew their license periodically, and shall prescribe the form of such license and information required to be submitted by all applicants. [1989 1st ex.s. c 9 §§ 403, 420; 1989 c 352 § 3; 1984 c 153 § 10; 1981 c 147 § 1; 1979 c 90 § 11; 1972 ex.s. c 9 § 1. Prior: 1971 ex.s. c 292 § 25; 1971 ex.s. c 201 § 5; 1963 c 38 § 7; 1931 c 56 § 1; 1927 c 253 § 1; 1923 c 180 § 3; RRS § 10126-3. Formerly RCW 18.64.010, part, 18.64.080 and 18.64.090, part.] Reviser’s note: This section was amended by 1989 c 352 § 3 and by 1989 1st ex.s. c 9 §§ 403, 420, all without reference to the other. All amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. 18.64.140 License—Fees—Display—Inactive license. Every licensed pharmacist who desires to practice pharmacy shall secure from the department a license, the fee for which shall be determined by the secretary under RCW 43.70.250 and 43.70.280. The administrative procedures, administrative requirements, renewal fee, and late renewal fee shall also be determined under RCW 43.70.250 and 43.70.280. Payment of this fee shall entitle the licensee to a pharmacy law book, subsequent current mailings of all additions, changes, or deletions in the pharmacy practice act, chapter 18.64 RCW, and all additions, changes, or deletions of pharmacy board and department regulations. The current license shall be conspicuously displayed to the public in the pharmacy to which it applies. Any licensed pharmacist who desires to leave the active practice of pharmacy in this state may secure from the department an inactive license. The initial license and 18.64.140 (2008 Ed.) 18.64.165 renewal fees shall be determined by the secretary under RCW 43.70.250 and 43.70.280. The holder of an inactive license may reactivate his or her license to practice pharmacy in accordance with rules adopted by the board. [1996 c 191 § 47; 1991 c 229 § 7; 1989 1st ex.s. c 9 § 421; 1984 c 153 § 11; 1979 c 90 § 12; 1971 ex.s. c 201 § 6; 1963 c 38 § 9; 1949 c 153 § 2; 1935 c 98 § 5; 1899 c 121 § 11; Rem. Supp. 1949 § 10136. Formerly RCW 18.64.140 and 18.64.150.] Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. Severability—1971 ex.s. c 201: See note following RCW 18.64.040. 18.64.160 Disciplinary action against pharmacist’s and intern’s licenses—Grounds. In addition to the grounds under RCW 18.130.170 and 18.130.180, the board of pharmacy may take disciplinary action against the license of any pharmacist or intern upon proof that: (1) His or her license was procured through fraud, misrepresentation, or deceit; (2) In the event that a pharmacist is determined by a court of competent jurisdiction to be mentally incompetent, the pharmacist shall automatically have his or her license suspended by the board upon the entry of the judgment, regardless of the pendency of an appeal; (3) He or she has knowingly violated or permitted the violation of any provision of any state or federal law, rule, or regulation governing the possession, use, distribution, or dispensing of drugs, including, but not limited to, the violation of any provision of this chapter, Title 69 RCW, or rule or regulation of the board; (4) He or she has knowingly allowed any unlicensed person to take charge of a pharmacy or engage in the practice of pharmacy, except a pharmacy intern or pharmacy assistant acting as authorized in this chapter or chapter 18.64A RCW in the presence of and under the immediate supervision of a licensed pharmacist; (5) He or she has compounded, dispensed, or caused the compounding or dispensing of any drug or device which contains more or less than the equivalent quantity of ingredient or ingredients specified by the person who prescribed such drug or device: PROVIDED, HOWEVER, That nothing herein shall be construed to prevent the pharmacist from exercising professional judgment in the preparation or providing of such drugs or devices. [1993 c 367 § 13; 1985 c 7 § 60; 1984 c 153 § 12; 1979 c 90 § 13; 1963 c 38 § 10; 1909 c 213 § 10; RRS § 10143. Formerly RCW 18.64.160 through 18.64.190.] 18.64.160 18.64.163 Uniform Disciplinary Act. The Uniform Disciplinary Act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses of pharmacists and pharmacy interns, and the discipline of licensed pharmacists and pharmacy interns under this chapter. [1993 c 367 § 14.] 18.64.163 18.64.165 Refusal, suspension, and revocation of other licenses. The board shall have the power to refuse, suspend, or revoke the license of any manufacturer, wholesaler, pharmacy, shopkeeper, itinerant vendor, peddler, poi18.64.165 [Title 18 RCW—page 183] 18.64.200 Title 18 RCW: Businesses and Professions son distributor, health care entity, or precursor chemical distributor upon proof that: (1) The license was procured through fraud, misrepresentation, or deceit; (2) The licensee has violated or has permitted any employee to violate any of the laws of this state or the United States relating to drugs, controlled substances, cosmetics, or nonprescription drugs, or has violated any of the rules and regulations of the board of pharmacy or has been convicted of a felony. [1995 c 319 § 5. Prior: 1989 1st ex.s. c 9 § 404; 1989 c 352 § 4; 1979 c 90 § 14; 1963 c 38 § 15.] Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. Violation of chapter 69.50 RCW, the Uniform Controlled Substances Act— Suspension of license: RCW 69.50.413. 18.64.200 Refusal, suspension, and revocation of other licenses—Appeal procedure. In any case of the refusal, suspension or revocation of a license by said board under the provisions of this chapter, appeal may be taken in accordance with the Administrative Procedure Act. [1963 c 38 § 11; 1909 c 213 § 11; RRS § 10144. Formerly RCW 18.64.200 through 18.64.240.] 18.64.200 Administrative Procedure Act: Title 34 RCW. 18.64.205 Retired active license status. The board may adopt rules pursuant to this section authorizing a retired active license status. An individual licensed pursuant to this chapter, who is practicing only in emergent or intermittent circumstances as defined by rule established by the board, may hold a retired active license at a reduced renewal fee established by the secretary under RCW 43.70.250 and 43.70.280. Such a license shall meet the continuing education requirements, if any, established by the board for renewals, and is subject to the provisions of the uniform disciplinary act, chapter 18.130 RCW. Individuals who have entered into retired status agreements with the disciplinary authority in any jurisdiction shall not qualify for a retired active license under this section. [1996 c 191 § 48; 1991 c 229 § 2.] 18.64.205 18.64.245 Prescription records—Penalty. (1) Every proprietor or manager of a pharmacy shall keep readily available a suitable record of prescriptions which shall preserve for a period of not less than two years the record of every prescription dispensed at such pharmacy which shall be numbered, dated, and filed, and shall produce the same in court or before any grand jury whenever lawfully required to do so. The record shall be maintained either separately from all other records of the pharmacy or in such form that the information required is readily retrievable from ordinary business records of the pharmacy. All record-keeping requirements for controlled substances must be complied with. Such record of prescriptions shall be for confidential use in the pharmacy, only. The record of prescriptions shall be open for inspection by the board of pharmacy or any officer of the law, who is authorized to enforce chapter 18.64, 69.41, or 69.50 RCW. (2) A person violating this section is guilty of a misdemeanor. [2003 c 53 § 135. Prior: 1989 1st ex.s. c 9 § 402; 1989 c 352 § 2; 1979 c 90 § 15; 1939 c 28 § 1; RRS § 61541. Formerly RCW 18.67.090.] 18.64.245 [Title 18 RCW—page 184] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. 18.64.246 Prescriptions—Labels—Cover or cap to meet safety standards—Penalty. (1) To every box, bottle, jar, tube or other container of a prescription which is dispensed there shall be fixed a label bearing the name and address of the dispensing pharmacy, the prescription number, the name of the prescriber, the prescriber’s directions, the name and strength of the medication, the name of the patient, the date, and the expiration date. The security of the cover or cap on every bottle or jar shall meet safety standards adopted by the state board of pharmacy. At the prescriber’s request, the name and strength of the medication need not be shown. If the prescription is for a combination medication product, the generic names of the medications combined or the trade name used by the manufacturer or distributor for the product shall be noted on the label. The identification of the licensed pharmacist responsible for each dispensing of medication must either be recorded in the pharmacy’s record system or on the prescription label. This section shall not apply to the dispensing of medications to in-patients in hospitals. (2) A person violating this section is guilty of a misdemeanor. [2003 c 53 § 136; 2002 c 96 § 1; 1984 c 153 § 13; 1971 ex.s. c 99 § 1; 1939 c 28 § 2; RRS § 6154-2. Formerly RCW 18.67.080.] 18.64.246 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 18.64.250 Unlawful practices—Penalty for violations—Exceptions. (1) Any person not a licensed pharmacist and not having continuously and regularly in his employ a duly licensed pharmacist within the full meaning of this chapter, who shall practice pharmacy; or (2) Any person who shall permit the compounding and dispensing of prescriptions, or vending of drugs, medicines, or poisons in his or her store or place of business, except under the supervision of a licensed pharmacist; or (3) Any licensed pharmacist or shopkeeper licensed under this chapter, who while continuing in business, shall fail or neglect to procure his or her renewal of license; or (4) Any person who shall wilfully make any false representations to procure a license for himself or herself or for any other person; or (5) Any person who shall violate any of the provisions of this chapter wilfully and knowingly; or (6) Any person who shall take or use or exhibit in or upon any place of business, or advertise in a newspaper, telephone directory, or other directory, or by electronic media, or in any other manner, the title of pharmacist, pharmacy intern, pharmacy assistant, druggist, pharmacy, drug store, medicine store, drug department, drugs, drug sundries, or any title or name of like description or import, or display or permit to be displayed upon said place of business the characteristic pharmacy symbols, bottles or globes, either colored or filled with colored liquids, without having continuously and regularly employed in his or her shop, store, or place of business, during business hours of the pharmacy, a pharmacist duly licensed under this chapter; 18.64.250 (2008 Ed.) Pharmacists shall be guilty of a misdemeanor, and each and every day that such prohibited practice continues shall be deemed a separate offense. [1979 c 90 § 16; 1963 c 38 § 12; 1935 c 98 § 6; 1909 c 213 § 7; 1899 c 121 § 13; RRS § 10138. Formerly RCW 18.64.250, 18.64.010, 18.64.030, 18.67.030, 18.67.040 and 18.67.130. FORMER PART OF SECTION: 1909 c 213 § 13; RRS § 10146, now codified as RCW 18.64.280.] 18.64.255 Authorized practices. Nothing in this chapter shall operate in any manner: (1) To restrict the scope of authorized practice of any practitioner other than a pharmacist, duly licensed as such under the laws of this state. However, a health care entity shall comply with all state and federal laws and rules relating to the dispensing of drugs and the practice of pharmacy; or (2) In the absence of the pharmacist from the hospital pharmacy, to prohibit a registered nurse designated by the hospital and the responsible pharmacist from obtaining from the hospital pharmacy such drugs as are needed in an emergency: PROVIDED, That proper record is kept of such emergency, including the date, time, name of prescriber, the name of the nurse obtaining the drugs, and a list of what drugs and quantities of same were obtained; or (3) To prevent shopkeepers, itinerant vendors, peddlers, or salesmen from dealing in and selling nonprescription drugs, if such drugs are sold in the original packages of the manufacturer, or in packages put up by a licensed pharmacist in the manner provided by the state board of pharmacy, if such shopkeeper, itinerant vendor, salesman, or peddler shall have obtained a registration. [1995 c 319 § 7; 1984 c 153 § 14; 1981 c 147 § 3; 1979 c 90 § 19.] 18.64.310 time for violation of this section may suffer both fine and imprisonment. In any case he or she shall forfeit to the state of Washington all drugs or preparations so falsified or adulterated. [2003 c 53 § 137; 1963 c 38 § 13; 1899 c 121 § 14; RRS § 10139. Prior: 1891 c 153 § 15. Formerly RCW 18.67.100 and 18.67.120.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 18.64.255 18.64.257 Prescription of legend drugs by dialysis programs. This chapter shall not prevent a medicareapproved dialysis center or facility operating a medicareapproved home dialysis program from selling, delivering, possessing, or dispensing directly to its dialysis patients, in case or full shelf lots, if prescribed by a physician licensed under chapter 18.57 or 18.71 RCW, those legend drugs determined by the board pursuant to rule. [1987 c 41 § 1.] 18.64.257 Application of legend drug statutes to dialysis programs: RCW 69.41.032. 18.64.270 Responsibility for drug purity—Adulteration—Penalty. (1) Every proprietor of a wholesale or retail drug store shall be held responsible for the quality of all drugs, chemicals or medicines sold or dispensed by him or her except those sold in original packages of the manufacturer and except those articles or preparations known as patent or proprietary medicines. (2) Any person who shall knowingly, willfully or fraudulently falsify or adulterate any drug or medicinal substance or preparation authorized or recognized by an official compendium or used or intended to be used in medical practice, or shall willfully, knowingly or fraudulently offer for sale, sell or cause the same to be sold for medicinal purposes, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine in any sum not less than seventy-five nor more than one hundred and fifty dollars or by imprisonment in the county jail for a period of not less than one month nor more than three months, and any person convicted a third 18.64.270 (2008 Ed.) 18.64.275 Limitations on liability for dispensing of prescription. (1) A pharmacist who dispenses a prescription product in the form manufactured by a commercial manufacturer pursuant to a prescription issued by a licensed practitioner is not liable to a person who was injured through the use of the product, based on a claim of the following: (a) Strict liability in tort; or (b) Implied warranty provisions under the uniform commercial code Title 62A RCW. (2) The limitation on pharmacist’s liability as provided in subsection (1) of this section shall only apply if the pharmacist complies with recordkeeping requirements pursuant to chapters 18.64, 69.41, and 69.50 RCW, and related administrative rules. (3) A pharmacist who dispenses a prescription product in the form manufactured by a commercial manufacturer issued by a licensed practitioner is liable to the claimant only if the claimant’s harm was proximately caused by (a) the negligence of the pharmacist; (b) breach of an express warranty made by the pharmacist; or (c) the intentional misrepresentation of facts about the product by the pharmacist or the intentional concealment of information about the product by the pharmacist. A pharmacist shall not be liable for the product manufacturer’s liability except as provided in RCW 7.72.040. [1991 c 189 § 1.] 18.64.275 18.64.280 General penalty. Any person who shall violate any of the provisions of chapter 18.64 RCW and for which a penalty is not provided shall be deemed guilty of a gross misdemeanor. [1963 c 38 § 14; 1909 c 213 § 13; RRS § 10146. Formerly RCW 18.64.250, part.] 18.64.280 18.64.300 Pharmacist members of committees to evaluate credentials and qualifications of pharmacists— Immunity from civil suit. See RCW 4.24.240. 18.64.300 18.64.301 Pharmacists filing charges or presenting evidence before pharmaceutical society—Immunity from civil suit. See RCW 4.24.250, 4.24.260. 18.64.301 18.64.302 Records of pharmaceutical society not subject to civil process. See RCW 4.24.250. 18.64.302 18.64.310 Department of health—Powers and duties. The department shall: (1) Establish reasonable license and examination fees and fees for services to other agencies in accordance with RCW 43.70.250 and 43.70.280. In cases where there are unanticipated demands for services, the department may request payment for services directly from the agencies for whom the services are performed, to the extent that revenues 18.64.310 [Title 18 RCW—page 185] 18.64.350 Title 18 RCW: Businesses and Professions or other funds are available. Drug-related investigations regarding licensed health care practitioners shall be funded by an appropriation to the department from the health professions account. The payment may be made on either an advance or a reimbursable basis as approved by the director of financial management; (2) Employ, with confirmation by the board, an executive officer, who shall be exempt from the provisions of chapter 41.06 RCW and who shall be a pharmacist licensed in Washington, and employ inspectors, investigators, chemists, and other persons as necessary to assist it for any purpose which it may deem necessary; (3) Investigate and prosecute, at the direction of the board, including use of subpoena powers, violations of law or regulations under its jurisdiction or the jurisdiction of the board of pharmacy; (4) Make, at the direction of the board, inspections and investigations of pharmacies and other places, including dispensing machines, in which drugs or devices are stored, held, compounded, dispensed, sold, or administered to the ultimate consumer, to take and analyze any drugs or devices and to seize and condemn any drugs or devices which are adulterated, misbranded, stored, held, dispensed, distributed, administered, or compounded in violation of or contrary to law. The written operating agreement between the department and the board, as required by RCW 43.70.240 shall include provisions for the department to involve the board in carrying out its duties required by this section. [1996 c 191 § 49; 1989 1st ex.s. c 9 § 410.] Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. 18.64.350 Nonresident pharmacies—Findings. (1) The legislature finds and declares that the practice of pharmacy is a dynamic, patient-oriented health service that applies a scientific body of knowledge to improve and promote patient health by means of appropriate drug use and drug-related therapy. (2) The legislature recognizes that with the proliferation of alternate methods of health delivery, there has arisen among third-party payors and insurance companies the desire to control the cost and utilization of pharmacy services through a variety of mechanisms, including the use of mailorder pharmacies located outside the state of Washington. (3) As a result, the legislature finds and declares that to continue to protect the Washington consumer-patient, all outof-state pharmacies, including those located in Canada, that provide services to Washington residents shall be licensed by the department of health, disclose specific information about their services, and provide pharmacy services at a high level of protection and competence. [2005 c 275 § 2; 1991 c 87 § 1.] 18.64.350 Finding—Intent—2005 c 275: "The legislature finds that as consumers’ prescription drug costs continue to rise, people across the state of Washington are exercising the option to purchase prescription drugs from Canada for their personal use. The state has a strong interest in the safety of drugs purchased through this mechanism. To address this interest, the legislature intends to authorize the state board of pharmacy to regulate nonresident Canadian pharmacies." [2005 c 275 § 1.] Effective date—1991 c 87: "This act shall take effect October 1, 1991." [1991 c 87 § 15.] [Title 18 RCW—page 186] 18.64.360 Nonresident pharmacies—Definition— Requirements—Exemption—Reciprocity with Canadian pharmacies. (1) For the purposes of this chapter any pharmacy located outside this state that ships, mails, or delivers, in any manner, except when delivered in person to an individual, controlled substances, legend drugs, or devices into this state is a nonresident pharmacy, and shall be licensed by the department of health, and shall disclose to the department the following: (a) The location, names, and titles of all owners including corporate officers and all pharmacists employed by the pharmacy who are dispensing controlled substances, legend drugs, or devices to residents of this state. A report containing this information shall be made on an annual basis and within ninety days after a change of location, corporate officer, or pharmacist; (b) Proof of compliance with all lawful directions and requests for information from the regulatory or licensing agency of the state or Canadian province in which it is licensed as well as with all requests for information made by the department of health under this section. The nonresident pharmacy shall maintain, at all times, a valid unexpired license, permit, or registration to operate the pharmacy in compliance with the laws of the state or Canadian province in which it is located. As a prerequisite to be licensed by the department of health, the nonresident pharmacy shall submit a copy of the most recent inspection report issued by the regulatory licensing agency of the state or Canadian province in which it is located; (c) Proof that it maintains its records of controlled substances, legend drugs, or devices dispensed to patients in this state so that the records are readily retrievable from the records of other drugs dispensed. (2) Any pharmacy subject to this section shall, during its regular hours of operation, provide a toll-free telephone service to facilitate communication between patients in this state and a pharmacist at the pharmacy who has access to the patient’s records. This toll-free number shall be disclosed on the label affixed to each container of drugs dispensed to patients in this state. (3) A pharmacy subject to this section shall comply with board rules regarding the maintenance and use of patient medication record systems. (4) A pharmacy subject to this section shall comply with board of pharmacy rules regarding the provision of drug information to the patient. Drug information may be contained in written form setting forth directions for use and any additional information necessary to assure the proper utilization of the medication prescribed. A label bearing the expiration date of the prescription must be affixed to each box, bottle, jar, tube, or other container of a prescription that is dispensed in this state by a pharmacy subject to this section. (5) A pharmacy subject to this section shall not dispense medication in a quantity greater than authorized by the prescriber. (6) The license fee specified by the secretary, in accordance with the provisions of RCW 43.70.250, shall not exceed the fee charged to a pharmacy located in this state. (7) The license requirements of this section apply to nonresident pharmacies that ship, mail, or deliver controlled substances, legend drugs, and devices into this state only under a 18.64.360 (2008 Ed.) Pharmacists prescription. The board of pharmacy may grant an exemption from licensing under this section upon application by an out-of-state pharmacy that restricts its dispensing activity in Washington to isolated transactions. (8) Each nonresident pharmacy that ships, mails, or delivers legend drugs or devices into this state shall designate a resident agent in Washington for service of process. The designation of such an agent does not indicate that the nonresident pharmacy is a resident of Washington for tax purposes. (9) The board shall attempt to develop a reciprocal licensing agreement for licensure of nonresident pharmacies with Health Canada or an applicable Canadian province. If the board is unable to develop such an agreement, the board shall develop a process to license participating Canadian nonresident pharmacies through on-site inspection and certification. [2005 c 275 § 3; 1996 c 109 § 1; 1991 c 87 § 2.] Finding—Intent—2005 c 275: See note following RCW 18.64.350. Effective date—1991 c 87: See note following RCW 18.64.350. 18.64.370 Nonresident pharmacies—License required—Application—Renewal. (1) A nonresident pharmacy that has not obtained a license from the department of health shall not conduct the business of selling or distributing drugs in this state. (2) Applications for a nonresident pharmacy license under RCW 18.64.350 through 18.64.400 shall be made on a form furnished by the department. The department may require such information as it deems is reasonably necessary to carry out the purpose of RCW 18.64.350 through 18.64.400. (3) The nonresident pharmacy license shall be renewed annually on a date to be established by the department by rule. In the event the license fee remains unpaid, no renewal or new license shall be issued except upon payment of the license renewal fee and a penalty fee equal to the original license fee. [1991 c 87 § 3.] 18.64.370 Effective date—1991 c 87: See note following RCW 18.64.350. 18.64.380 Nonresident pharmacies—Information required—Inspection. A nonresident pharmacy shall: (1) Submit to the department, upon request, information acceptable to the secretary concerning controlled substances shipped, mailed, or delivered to a Washington resident. (2) Submit to on-site inspection by the department of the nonresident pharmacy’s prescription records if the information in subsection (1) of this section is not provided to the department upon request. [1991 c 87 § 4.] 18.64.380 18.64.430 agency in the state in which the pharmacy is located and that regulatory or licensing agency fails to initiate an investigation within forty-five days of the referral under this subsection or fails to make a determination on the referral. [1991 c 87 § 5.] Effective date—1991 c 87: See note following RCW 18.64.350. 18.64.400 Nonresident pharmacies—Definition— Advertising. For the purposes of this chapter, a nonresident pharmacy is defined as any pharmacy located outside this state that ships, mails, or delivers, in any manner, except when delivered in person to an individual, controlled substances, legend drugs, or devices into this state. It is unlawful for: (1) Any nonresident pharmacy that is not licensed under RCW 18.64.350 through 18.64.400 to advertise its service in this state; or (2) Any resident of this state to advertise the pharmaceutical services of a nonresident pharmacy with the knowledge that the nonresident pharmacy is not licensed by the department and that the advertisement will or is likely to induce persons within this state to use the nonresident pharmacy to fill prescriptions. [1991 c 87 § 6.] 18.64.400 Effective date—1991 c 87: See note following RCW 18.64.350. 18.64.410 Nonresident pharmacies—Rules. The board may adopt rules to implement the provisions of RCW 18.64.350 through 18.64.400 and 18.64.420. [1991 c 87 § 11.] 18.64.410 Effective date—1991 c 87: See note following RCW 18.64.350. 18.64.420 Nonresident pharmacies—Information confidential—Exceptions. All records, reports, and information obtained by the department from or on behalf of an entity licensed under chapter 48.20, 48.21, 48.44, or 48.46 RCW shall be confidential and exempt from inspection and copying under chapter 42.56 RCW. Nothing in this section restricts the investigation or the proceedings of the board or the department so long as the board and the department comply with the provisions of chapter 42.56 RCW. Nothing in this section or in chapter 42.56 RCW shall restrict the board or the department from complying with any mandatory reporting requirements that exist or may exist under federal law, nor shall the board or the department be restricted from providing to any person the name of any nonresident pharmacy that is or has been licensed or disciplined under RCW 18.64.350 through 18.64.400. [2005 c 274 § 226; 1991 c 87 § 12.] 18.64.420 Effective date—1991 c 87: See note following RCW 18.64.350. Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. 18.64.390 Nonresident pharmacies—Violations— Penalties. (1) The board may deny, revoke, or suspend a nonresident pharmacy license or impose a fine not to exceed one thousand dollars per violation for failure to comply with any requirement of RCW 18.64.350 through 18.64.400. (2) The board may deny, revoke, or suspend a nonresident pharmacy license or impose a fine not to exceed one thousand dollars per violation for conduct that causes serious bodily or psychological injury to a resident of this state if the secretary has referred the matter to the regulatory or licensing Effective date—1991 c 87: See note following RCW 18.64.350. 18.64.390 (2008 Ed.) 18.64.430 Cost disclosure to health care providers. The registered or licensed pharmacist under this chapter shall establish and maintain a procedure for disclosing to physicians and other health care providers with prescriptive authority information detailed by prescriber, of the cost and dispensation of all prescriptive medications prescribed by him or her for his or her patients on request. These charges should be made available on at least a quarterly basis for all 18.64.430 [Title 18 RCW—page 187] 18.64.450 Title 18 RCW: Businesses and Professions requested patients and should include medication, dosage, number dispensed, and the cost of the prescription. Pharmacies may provide this information in a summary form for each prescribing physician for all patients rather than as individually itemized reports. All efforts should be made to utilize the existing computerized records and software to provide this information in the least costly format. [2000 c 171 § 22; 1993 c 492 § 267.] Cost containment—1993 c 492: "The legislature finds that the spiraling costs of health care continue to surmount efforts to contain them, increasing at approximately twice the inflationary rate. One of the fastest growing segments of the health care expenditure involves prescription medications. By making physicians and other health care providers with prescriptive authority more aware of the cost consequences of health care treatments for consumers, these providers may be inclined to exercise more restraint in providing only the most relevant and cost-beneficial drug and medication treatments. The requirement of the pharmacy to inform physicians and other health care providers of the charges of prescription drugs and medications that they order may have a positive effect on containing health costs. Further, the option of the physician or other health care provider to inform the patient of these charges may strengthen the necessary dialogue in the providerpatient relationship that tends to be diminished by intervening third-party payers." [1993 c 492 § 266.] Findings—Intent—1993 c 492: See notes following RCW 43.20.050. Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915. 18.64.450 Health care entity—License requirements for legend drugs and controlled substances—Exception. (1) In order for a health care entity to purchase, administer, dispense, and deliver legend drugs, the health care entity must be licensed by the department. (2) In order for a health care entity to purchase, administer, dispense, and deliver controlled substances, the health care entity must annually obtain a license from the department in accordance with the board’s rules. (3) The receipt, administration, dispensing, and delivery of legend drugs or controlled substances by a health care entity must be performed under the supervision or at the direction of a pharmacist. (4) A health care entity may only administer, dispense, or deliver legend drugs and controlled substances to patients who receive care within the health care entity and in compliance with rules of the board. Nothing in this subsection shall prohibit a practitioner, in carrying out his or her licensed responsibilities within a health care entity, from dispensing or delivering to a patient of the health care entity drugs for that patient’s personal use in an amount not to exceed seventytwo hours of usage. [1995 c 319 § 3.] 18.64.450 18.64.460 Health care entity—License fee—Requirements—Penalty. (1) The owner of a health care entity shall pay an original license fee to be determined by the secretary, and annually thereafter, on or before a date to be determined by the secretary, a fee to be determined by the secretary, for which he or she shall receive a license of location, which shall entitle the owner to purchase legend drugs or controlled substances at the location specified for the period ending on a date to be determined by the secretary. A declaration of ownership and location filed with the department under this section shall be deemed presumptive evidence of ownership of the health care entity. 18.64.460 [Title 18 RCW—page 188] (2) The owner shall immediately notify the department of any change of location or ownership in which case a new application and fee shall be submitted. (3) It shall be the duty of the owner to keep the license of location or the renewal license properly exhibited in the health care entity. (4) Failure to comply with this section is a misdemeanor and each day that the failure continues is a separate offense. (5) In the event that a license fee remains unpaid after the date due, no renewal or new license may be issued except upon payment of the license renewal fee and a penalty fee equal to the original license fee. [1995 c 319 § 4.] 18.64.470 Health care entity—Records. Every proprietor or manager of a health care entity shall keep readily available a suitable record of drugs, which shall preserve for a period of not less than two years the record of every drug used at such health care entity. The record shall be maintained either separately from all other records of the health care entity or in such form that the information required is readily retrievable from ordinary business records of the health care entity. All recordkeeping requirements for controlled substances must be complied with. Such record of drugs shall be for confidential use in the health care entity, only. The record of drugs shall be open for inspection by the board of pharmacy, who is authorized to enforce chapter 18.64, 69.41, or 69.50 RCW. [1995 c 319 § 6.] 18.64.470 18.64.480 Waiver request to allow importation of prescription drugs from Canada. (1) By September 1, 2005, the board of pharmacy shall, in consultation with the department and the health care authority, submit a waiver request to the federal food and drug administration that authorizes the importation of prescription drugs from Canada. (2) Upon approval of the federal waiver allowing for the importation of prescription drugs from Canada, the board, in consultation with the department and the health care authority, shall license Canadian pharmacies that provide services to Washington residents under RCW 18.64.350 and 18.64.360. [2005 c 275 § 4.] 18.64.480 Finding—Intent—2005 c 275: See note following RCW 18.64.350. 18.64.490 Waiver request to authorize the state to license Canadian, United Kingdom, Irish, and other nondomestic prescription drug wholesalers under RCW 18.64.046—Implementation—Rules. (1) By September 1, 2005, the board shall, in consultation with the department and the health care authority, submit a waiver request to the federal food and drug administration that will authorize the state of Washington to license Canadian, United Kingdom, Irish, and other nondomestic prescription drug wholesalers under RCW 18.64.046, thereby providing retail pharmacies licensed in Washington state the opportunity to purchase prescription drugs from approved wholesalers and pass those savings on to consumers. The waiver shall provide that: (a) Canadian, United Kingdom, Irish, and other nondomestic prescription drug wholesalers meet the requirements of RCW 18.64.046 and any rules adopted by the board to implement those requirements; 18.64.490 (2008 Ed.) Pharmacy Assistants (b) The board must ensure the integrity of the prescription drug products being distributed by: (i) Requiring that prescription drugs purchased from Canadian, United Kingdom, Irish, and other nondomestic wholesalers originate only from approved manufacturing locations; (ii) Routinely testing prescription drugs purchased from Canadian, United Kingdom, Irish, and other nondomestic wholesalers for safety; (iii) Establishing safe labeling, tracking, and shipping procedures for prescription drugs purchased from Canadian, United Kingdom, Irish, and other nondomestic wholesalers; and (iv) Closely monitoring compliance with RCW 18.64.046 and any rules adopted to implement the waiver; (c) The prescription drugs purchased from Canadian, United Kingdom, Irish, and other nondomestic wholesalers must be limited to those that are not temperature sensitive or infused and for which potential savings to consumers can be demonstrated and those available through purchase by individuals only at licensed retail pharmacies; (d) To ensure that the program benefits those consumers without insurance coverage for prescription drugs who are most in need of price relief, prescription drug purchases from pharmacies under the waiver will be limited to those not eligible for reimbursement by third party insurance coverage, whether public or private, for the particular drug being purchased; and (e) Savings associated with purchasing prescription drugs from Canadian, United Kingdom, Irish, and other nondomestic wholesalers will be passed on to consumers. (2) Upon approval of the federal waiver submitted in accordance with subsection (1) of this section, the board, in consultation with the department and the health care authority, shall submit a detailed implementation plan to the governor and appropriate committees of the legislature that details the mechanisms that the board will use to implement each component of the waiver under subsection (1) of this section. (3) The board shall adopt rules as necessary to implement chapter 293, Laws of 2005. [2005 c 293 § 2.] 18.64A.010 18.64.900 Severability—1923 c 180. Should any section or parts of sections of this act be declared unconstitutional it shall in no case affect the validity of other provisions of this act. [1923 c 180 § 12.] 18.64.900 18.64.910 Severability—1935 c 98. If any section, sentence, clause or part of this act shall be adjudged to be invalid, such adjudication shall not affect the remaining portions of the act. [1935 c 98 § 12.] 18.64.910 18.64.911 Severability—1963 c 38. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected. [1963 c 38 § 24.] 18.64.911 18.64.920 Repealer—1935 c 98. All acts and parts of acts in conflict herewith are hereby repealed. [1935 c 98 § 11.] 18.64.920 Chapter 18.64A Chapter 18.64A RCW PHARMACY ASSISTANTS Sections 18.64A.005 18.64A.010 18.64A.020 18.64A.030 18.64A.040 18.64A.050 18.64A.055 18.64A.060 Regulation of health care professions—Criteria. Definitions. Rules—Qualifications and training programs. Rules—Duties of technicians, assistants. Limitations on practice. Disciplinary action against certificate—Grounds. Uniform Disciplinary Act. Pharmacy’s application for ancillary personnel—Fee— Approval or rejection by board—Hearing—Appeal. 18.64A.070 Persons presently acting as technicians—Pharmacies presently employing those persons. 18.64A.080 Pharmacy’s or pharmacist’s liability, responsibility. 18.64A.900 Severability—1977 ex.s. c 101. Health professions account—Fees credited—Requirements for biennial budget request—Unappropriated funds: RCW 43.70.320. 18.64A.005 Regulation of health care professions— Criteria. See chapter 18.120 RCW. 18.64A.005 18.64A.010 Definitions. Terms used in this chapter shall have the meaning set forth in this section unless the context clearly indicates otherwise: (1) "Board" means the state board of pharmacy; (2) "Department" means the department of health; (3) "Pharmacist" means a person duly licensed by the state board of pharmacy to engage in the practice of pharmacy; (4) "Pharmacy" means every place properly licensed by the board of pharmacy where the practice of pharmacy is conducted; (5) "Pharmacy ancillary personnel" means pharmacy technicians and pharmacy assistants; (6) "Pharmacy technician" means: (a) A person who is enrolled in, or who has satisfactorily completed, a board approved training program designed to prepare persons to perform nondiscretionary functions associated with the practice of pharmacy; or 18.64A.010 Finding—Intent—2005 c 293: "The legislature finds that as consumers’ prescription drug costs continue to rise, people across the state of Washington are seeking opportunities to purchase lower cost prescription drugs from Canada, the United Kingdom, Ireland, and other countries for their personal use. The state has a strong interest in promoting the safe use of prescription drugs by consumers in Washington state. To address this interest, the legislature intends to seek authorization from the federal government to license Canadian, United Kingdom, Irish, and other nondomestic prescription drug wholesalers, thereby providing licensed retail pharmacies the opportunity to purchase prescription drugs from approved wholesalers and pass those savings on to consumers, and providing consumers the opportunity to purchase prescription drugs from a trusted community pharmacist who is aware of all of their prescription drug needs." [2005 c 293 § 1.] Conflict with federal requirements—2005 c 293: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [2005 c 293 § 3.] (2008 Ed.) [Title 18 RCW—page 189] 18.64A.020 Title 18 RCW: Businesses and Professions (b) A person who is a graduate with a degree in pharmacy or medicine of a foreign school, university, or college recognized by the board; (7) "Pharmacy assistant" means a person registered by the board to perform limited functions in the pharmacy; (8) "Practice of pharmacy" means the definition given in RCW 18.64.011; (9) "Secretary" means the secretary of health or the secretary’s designee. [1997 c 417 § 1; 1989 1st ex.s. c 9 § 422; 1977 ex.s. c 101 § 1.] Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. 18.64A.020 Rules—Qualifications and training programs. (1) The board shall adopt, in accordance with chapter 34.05 RCW, rules fixing the classification and qualifications and the educational and training requirements for persons who may be employed as pharmacy technicians or who may be enrolled in any pharmacy technician training program. Such rules shall provide that: (a) Licensed pharmacists shall supervise the training of pharmacy technicians; and (b) Training programs shall assure the competence of pharmacy technicians to aid and assist pharmacy operations. Training programs shall consist of instruction and/or practical training. Such rules may include successful completion of examinations for applicants for pharmacy technician certificates. If such examination rules are adopted, the board shall prepare or determine the nature of, and supervise the grading of the examinations. The board may approve an examination prepared or administered by a private testing agency or association of licensing authorities. (2) The board may disapprove or revoke approval of any training program for failure to conform to board rules. In the case of the disapproval or revocation of approval of a training program by the board, a hearing shall be conducted in accordance with RCW 18.64.160, and appeal may be taken in accordance with the Administrative Procedure Act, chapter 34.05 RCW. [1997 c 417 § 2; 1995 c 198 § 8; 1977 ex.s. c 101 § 2.] 18.64A.020 18.64A.030 Rules—Duties of technicians, assistants. The board shall adopt, in accordance with chapter 34.05 RCW, rules governing the extent to which pharmacy ancillary personnel may perform services associated with the practice of pharmacy. These rules shall provide for the certification of pharmacy technicians by the department at a fee determined by the secretary under RCW 43.70.250: (1) "Pharmacy technicians" may assist in performing, under the supervision and control of a licensed pharmacist, manipulative, nondiscretionary functions associated with the practice of pharmacy and other such duties and subject to such restrictions as the board may by rule adopt. (2) "Pharmacy assistants" may perform, under the supervision of a licensed pharmacist, duties including but not limited to, typing of prescription labels, filing, refiling, bookkeeping, pricing, stocking, delivery, nonprofessional phone inquiries, and documentation of third party reimbursements and other such duties and subject to such restrictions as the 18.64A.030 [Title 18 RCW—page 190] board may by rule adopt. [1997 c 417 § 3; 1996 c 191 § 50; 1989 1st ex.s. c 9 § 423; 1977 ex.s. c 101 § 3.] Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. 18.64A.040 Limitations on practice. (1) Pharmacy ancillary personnel shall practice pharmacy in this state only after authorization by the board and only to the extent permitted by the board in accordance with this chapter. (2) A pharmacist shall be assisted by pharmacy ancillary personnel in the practice of pharmacy in this state only after authorization by the board and only to the extent permitted by the board in accordance with this chapter: PROVIDED, That no pharmacist may supervise more than one pharmacy technician: PROVIDED FURTHER, That in pharmacies operating in connection with facilities licensed pursuant to chapter 70.41, 71.12, 71A.20, or 74.42 RCW, whether or not situated within the said facility which shall be physically separated from any area of a pharmacy where dispensing of prescriptions to the general public occurs, the ratio of pharmacists to pharmacy technicians shall be as follows: In the preparation of medicine or other materials used by patients within the facility, one pharmacist supervising no more than three pharmacy technicians; in the preparation of medicine or other materials dispensed to persons not patients within the facility, one pharmacist supervising not more than one pharmacy technician. (3) The board may by rule modify the standard ratios set out in subsection (2) of this section governing the utilization of pharmacy technicians by pharmacies and pharmacists. Should a pharmacy desire to use more pharmacy technicians than the standard ratios, the pharmacy must submit to the board a pharmacy services plan for approval. (a) The pharmacy services plan shall include, at a minimum, the following information: Pharmacy design and equipment, information systems, workflow, and quality assurance procedures. In addition, the pharmacy services plan shall demonstrate how it facilitates the provision of pharmaceutical care by the pharmacy. (b) Prior to approval of a pharmacy services plan, the board may require additional information to ensure appropriate oversight of pharmacy ancillary personnel. (c) The board may give conditional approval for pilot or demonstration projects. (d) Variance from the approved pharmacy services plan is grounds for disciplinary action under RCW 18.64A.050. [1997 c 417 § 4; 1992 c 40 § 1; 1977 ex.s. c 101 § 4.] 18.64A.040 18.64A.050 Disciplinary action against certificate— Grounds. In addition to the grounds under RCW 18.130.170 and 18.130.180, the board of pharmacy may take disciplinary action against the certificate of any pharmacy technician upon proof that: (1) His or her certificate was procured through fraud, misrepresentation or deceit; (2) He or she has been found guilty of any offense in violation of the laws of this state relating to drugs, poisons, cosmetics or drug sundries by any court of competent jurisdiction. Nothing herein shall be construed to affect or alter the provisions of RCW 9.96A.020; 18.64A.050 (2008 Ed.) Physicians (3) He or she has exhibited gross incompetency in the performance of his or her duties; (4) He or she has willfully or repeatedly violated any of the rules and regulations of the board of pharmacy or of the department; (5) He or she has willfully or repeatedly performed duties beyond the scope of his or her certificate in violation of the provisions of this chapter; or (6) He or she has impersonated a licensed pharmacist. [1997 c 417 § 5; 1993 c 367 § 15; 1989 1st ex.s. c 9 § 424; 1977 ex.s. c 101 § 5.] Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. Violation of chapter 69.50 RCW, the Uniform Controlled Substances Act— Suspension of license: RCW 69.50.413. Chapter 18.71 macy technicians: PROVIDED, That within eighteen months after May 28, 1977, such pharmacies shall be in compliance with the provisions of this chapter. [1997 c 417 § 7; 1977 ex.s. c 101 § 7.] 18.64A.080 Pharmacy’s or pharmacist’s liability, responsibility. A pharmacy or pharmacist which utilizes the services of pharmacy ancillary personnel with approval by the board, is not aiding and abetting an unlicensed person to practice pharmacy within the meaning of chapter 18.64 RCW: PROVIDED, HOWEVER, That the pharmacy or pharmacist shall retain responsibility for any act performed by pharmacy ancillary personnel in the course of employment. [1997 c 417 § 8; 1977 ex.s. c 101 § 8.] 18.64A.080 18.64A.900 Severability—1977 ex.s. c 101. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected. [1977 ex.s. c 101 § 10.] 18.64A.900 18.64A.055 Uniform Disciplinary Act. The Uniform Disciplinary Act, chapter 18.130 RCW, governs the issuance and denial of certificates and the discipline of certificants under this chapter. [1993 c 367 § 16.] 18.64A.055 18.64A.060 Pharmacy’s application for ancillary personnel—Fee—Approval or rejection by board— Hearing—Appeal. No pharmacy licensed in this state shall utilize the services of pharmacy ancillary personnel without approval of the board. Any pharmacy licensed in this state may apply to the board for permission to use the services of pharmacy ancillary personnel. The application shall be accompanied by a fee and shall comply with administrative procedures and administrative requirements set pursuant to RCW 43.70.250 and 43.70.280, shall detail the manner and extent to which the pharmacy ancillary personnel would be used and supervised, and shall provide other information in such form as the secretary may require. The board may approve or reject such applications. In addition, the board may modify the proposed utilization of pharmacy ancillary personnel and approve the application as modified. Whenever it appears to the board that pharmacy ancillary personnel are being utilized in a manner inconsistent with the approval granted, the board may withdraw such approval. In the event a hearing is requested upon the rejection of an application, or upon the withdrawal of approval, a hearing shall be conducted in accordance with chapter 18.64 RCW, as now or hereafter amended, and appeal may be taken in accordance with the Administrative Procedure Act, chapter 34.05 RCW. [1997 c 417 § 6; 1996 c 191 § 51; 1989 1st ex.s. c 9 § 425; 1977 ex.s. c 101 § 6.] 18.64A.060 Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. Chapter 18.71 Sections 18.71.002 18.71.003 18.71.005 18.71.010 18.71.011 18.71.015 18.71.017 18.71.019 18.71.0191 18.71.0195 18.71.021 18.71.030 18.71.040 18.71.050 18.71.051 18.71.055 18.71.060 18.71.070 18.71.080 18.71.085 18.71.090 18.71.095 18.71.100 18.71.151 18.71.161 18.64A.070 Persons presently acting as technicians— Pharmacies presently employing those persons. (1) Persons presently assisting a pharmacist by performing the functions of a pharmacy technician may continue to do so under the supervision of a licensed pharmacist: PROVIDED, That within eighteen months after May 28, 1977, such persons shall be in compliance with the provisions of this chapter. (2) Pharmacies presently employing persons to perform the functions of a pharmacy technician may continue to do so while obtaining board approval for the use of certified phar18.64A.070 (2008 Ed.) Chapter 18.71 RCW PHYSICIANS 18.71.171 18.71.190 18.71.200 18.71.205 18.71.210 18.71.212 18.71.213 18.71.215 18.71.220 Purpose. Declaration of purpose. Regulation of health care professions—Criteria. Definitions. Definition of practice of medicine—Engaging in practice of chiropractic prohibited, when. Commission established—Membership—Qualifications— Duties and powers—Compensation—Order of removal— Vacancies. Rules by commission—Successor to other boards. Application of Uniform Disciplinary Act—Request for review of revocation order. Executive director—Staff. Disciplinary reports—Confidentiality—Immunity. License required. Exemptions. Application—Fee. Application—Eligibility requirements—United States and Canadian graduates. Application—Eligibility requirements—Foreign graduates. Schools of medicine—Requirements for approval. Record of proceedings of commission and of applications. Examination—Record. License renewal—Continuing education requirement—Failure to renew, procedure. Inactive licenses—Renewal—Application of disciplinary provisions. License without examination—Reciprocity—National board examinees—Fee. Limited licenses. Applicability of health regulations. Physician members of committees to evaluate credentials and qualifications of physicians—Immunity from civil suit. Physicians filing charges or presenting evidence before committees, boards, or hospitals—Immunity from civil suit. Records of medical society or hospital committee or board not subject to civil process. False personation. Emergency medical service personnel—Definitions. Emergency medical service personnel—Certification. Emergency medical service personnel—Liability. Medical program directors—Certification. Medical program directors—Termination—Temporary delegation of authority. Medical program directors—Liability for acts or omissions of others. Rendering emergency care—Immunity of physician or hospital from civil liability. [Title 18 RCW—page 191] 18.71.002 18.71.230 18.71.240 18.71.300 18.71.310 18.71.315 18.71.320 18.71.330 18.71.340 18.71.350 18.71.360 18.71.401 18.71.420 18.71.430 18.71.910 18.71.920 18.71.930 18.71.940 18.71.941 Title 18 RCW: Businesses and Professions Disciplinary action against persons exempt from licensure. Abortion—Right to medical treatment of infant born alive. Impaired physician program—Definitions. Impaired physician program—License surcharge. Impaired physician account—Created. Impaired physician program—Procedures. Impaired physician program—Evaluation of physician. Impaired physician program—Entity records protected. Report of malpractice payments by insurers. Driving records. Funds collected—Where deposited. Allocation of all appropriated funds. Pilot project—Commission—Authority over budget. Repeal—1909 c 192. Repeal—1957 c 60. Severability—1957 c 60. Severability—1961 c 284. Severability—1975 1st ex.s. c 171. Reviser’s note: Certain powers and duties of the department of social and health services and the secretary of social and health services transferred to the department of health and the secretary of health. See RCW 43.70.060. Abortion: Chapter 9.02 RCW. Accepted medical procedures not to include adjustment by hand of any articulation of the spine: RCW 18.25.005. Actions against, limitation of: RCW 4.16.350. Actions for negligence against, evidence and proof required to prevail: RCW 4.24.290. Audits and investigations: RCW 74.09.290. Crimes relating to pregnancy and childbirth: RCW 9A.32.060. Health care assistants: Chapter 18.135 RCW. Health professions account—Fees credited—Requirements for biennial budget request—Unappropriated funds: RCW 43.70.320. Homeless person vision services: RCW 43.20A.800 through 43.20A.850. License of doctors as event physician for contestants in boxing, kickboxing, martial arts, and wrestling events: RCW 67.08.090. Lien of doctors: Chapter 60.44 RCW. Rebating by practitioners of healing professions prohibited: Chapter 19.68 RCW. Regulation of practice of medicine and surgery, sale of drugs and medicines: State Constitution Art. 20 § 2. 18.71.002 Purpose. It is the purpose of the medical quality assurance commission to regulate the competency and quality of professional health care providers under its jurisdiction by establishing, monitoring, and enforcing qualifications for licensing, consistent standards of practice, continuing competency mechanisms, and discipline. Rules, policies, and procedures developed by the commission must promote the delivery of quality health care to the residents of the state of Washington. [1994 sp.s. c 9 § 301.] 18.71.002 Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.71.003 Declaration of purpose. This chapter is passed: (1) In the exercise of the police power of the state to protect public health, to promote the welfare of the state, and to provide an adequate public agency to act as a disciplinary body for the members of the medical profession licensed to practice medicine and surgery in this state; (2) Because the health and well-being of the people of this state are of paramount importance; (3) Because the conduct of members of the medical profession licensed to practice medicine and surgery in this state plays a vital role in preserving the health and well-being of the people of the state; and 18.71.003 [Title 18 RCW—page 192] (4) Because the agency which now exists to handle disciplinary proceedings for members of the medical profession licensed to practice medicine and surgery in this state is ineffective and very infrequently employed, and consequently there is no effective means of handling such disciplinary proceedings when they are necessary for the protection of the public health. [1955 c 202 § 1. Formerly RCW 18.72.010.] 18.71.005 18.71.005 Regulation of health care professions— Criteria. See chapter 18.120 RCW. 18.71.010 18.71.010 Definitions. The following terms used in this chapter shall have the meanings set forth in this section unless the context clearly indicates otherwise: (1) "Commission" means the Washington state medical quality assurance commission. (2) "Secretary" means the secretary of health. (3) "Resident physician" means an individual who has graduated from a school of medicine which meets the requirements set forth in RCW 18.71.055 and is serving a period of postgraduate clinical medical training sponsored by a college or university in this state or by a hospital accredited by this state. For purposes of this chapter, the term shall include individuals designated as intern or medical fellow. (4) "Emergency medical care" or "emergency medical service" has the same meaning as in chapter 18.73 RCW. [1994 sp.s. c 9 § 302; 1991 c 3 § 158; 1988 c 104 § 1; 1979 c 158 § 51; 1975 1st ex.s. c 171 § 1; 1961 c 284 § 1; 1957 c 60 § 2. Prior: 1947 c 168 § 1, part; 1919 c 134 § 3, part; 1909 c 192 § 6, part; Rem. Supp. 1947 § 10008, part; prior: 1905 c 41 § 1, part; 1901 c 42 § 1, part; 1890 p 115 § 3, part; Code 1881 § 2285, part.] Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Uniform Anatomical Gift Act: Chapter 68.64 RCW. 18.71.011 18.71.011 Definition of practice of medicine—Engaging in practice of chiropractic prohibited, when. A person is practicing medicine if he does one or more of the following: (1) Offers or undertakes to diagnose, cure, advise or prescribe for any human disease, ailment, injury, infirmity, deformity, pain or other condition, physical or mental, real or imaginary, by any means or instrumentality; (2) Administers or prescribes drugs or medicinal preparations to be used by any other person; (3) Severs or penetrates the tissues of human beings; (4) Uses on cards, books, papers, signs or other written or printed means of giving information to the public, in the conduct of any occupation or profession pertaining to the diagnosis or treatment of human disease or conditions the designation "doctor of medicine", "physician", "surgeon", "m.d." or any combination thereof unless such designation additionally contains the description of another branch of the healing arts for which a person has a license: PROVIDED HOWEVER, That a person licensed under this chapter shall not engage in the practice of chiropractic as defined in RCW 18.25.005. [1975 1st ex.s. c 171 § 15.] (2008 Ed.) Physicians 18.71.015 Commission established—Membership— Qualifications—Duties and powers—Compensation— Order of removal—Vacancies. The Washington state medical quality assurance commission is established, consisting of thirteen individuals licensed to practice medicine in the state of Washington under this chapter, two individuals who are licensed as physician assistants under chapter 18.71A RCW, and six individuals who are members of the public. At least two of the public members shall not be from the health care industry. Each congressional district now existing or hereafter created in the state must be represented by at least one physician member of the commission. The terms of office of members of the commission are not affected by changes in congressional district boundaries. Public members of the commission may not be a member of any other health care licensing board or commission, or have a fiduciary obligation to a facility rendering health services regulated by the commission, or have a material or financial interest in the rendering of health services regulated by the commission. The members of the commission shall be appointed by the governor. Members of the initial commission may be appointed to staggered terms of one to four years, and thereafter all terms of appointment shall be for four years. The governor shall consider such physician and physician assistant members who are recommended for appointment by the appropriate professional associations in the state. In appointing the initial members of the commission, it is the intent of the legislature that, to the extent possible, the existing members of the board of medical examiners and medical disciplinary board repealed under section 336, chapter 9, Laws of 1994 sp. sess. be appointed to the commission. No member may serve more than two consecutive full terms. Each member shall hold office until a successor is appointed. Each member of the commission must be a citizen of the United States, must be an actual resident of this state, and, if a physician, must have been licensed to practice medicine in this state for at least five years. The commission shall meet as soon as practicable after appointment and elect officers each year. Meetings shall be held at least four times a year and at such place as the commission determines and at such other times and places as the commission deems necessary. A majority of the commission members appointed and serving constitutes a quorum for the transaction of commission business. The affirmative vote of a majority of a quorum of the commission is required to carry any motion or resolution, to adopt any rule, or to pass any measure. The commission may appoint panels consisting of at least three members. A quorum for the transaction of any business by a panel is a minimum of three members. A majority vote of a quorum of the panel is required to transact business delegated to it by the commission. Each member of the commission shall be compensated in accordance with RCW 43.03.265 and in addition thereto shall be reimbursed for travel expenses incurred in carrying out the duties of the commission in accordance with RCW 43.03.050 and 43.03.060. Any such expenses shall be paid from funds appropriated to the department of health. Whenever the governor is satisfied that a member of a commission has been guilty of neglect of duty, misconduct, 18.71.015 (2008 Ed.) 18.71.017 or malfeasance or misfeasance in office, the governor shall file with the secretary of state a statement of the causes for and the order of removal from office, and the secretary shall forthwith send a certified copy of the statement of causes and order of removal to the last known post office address of the member. Vacancies in the membership of the commission shall be filled for the unexpired term by appointment by the governor. The members of the commission are immune from suit in an action, civil or criminal, based on its disciplinary proceedings or other official acts performed in good faith as members of the commission. Whenever the workload of the commission requires, the commission may request that the secretary appoint pro tempore members of the commission. When serving, pro tempore members of the commission have all of the powers, duties, and immunities, and are entitled to all of the emoluments, including travel expenses, of regularly appointed members of the commission. [2006 c 8 § 103; 1999 c 366 § 4; 1994 sp.s. c 9 § 303. Prior: 1991 c 44 § 1; 1991 c 3 § 159; 1990 c 196 § 11; 1987 c 116 § 1; 1984 c 287 § 44; 1979 c 158 § 52; 1975-’76 2nd ex.s. c 34 § 41; 1975 1st ex.s. c 171 § 2; 1961 c 284 § 2.] Findings—Intent—Part headings and subheadings not law—Severability—2006 c 8: See notes following RCW 5.64.010. Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. Secretary of health or designee ex officio member of health professional licensure and disciplinary boards: RCW 43.70.300. 18.71.017 Rules by commission—Successor to other boards. (Effective until July 1, 2009.) The commission may adopt such rules as are not inconsistent with the laws of this state as may be determined necessary or proper to carry out the purposes of this chapter. The commission is the successor in interest of the board of medical examiners and the medical disciplinary board. All contracts, undertakings, agreements, rules, regulations, and policies continue in full force and effect on July 1, 1994, unless otherwise repealed or rejected by this chapter or by the commission. [2000 c 171 § 23; 1994 sp.s. c 9 § 304; 1961 c 284 § 11.] 18.71.017 Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.71.017 Rules by commission—Successor to other boards. (Effective July 1, 2009.) (1) The commission may adopt such rules as are not inconsistent with the laws of this state as may be determined necessary or proper to carry out the purposes of this chapter. The commission is the successor in interest of the board of medical examiners and the medical disciplinary board. All contracts, undertakings, agreements, rules, regulations, and policies continue in full force and effect on July 1, 1994, unless otherwise repealed or rejected by this chapter or by the commission. (2) The commission may adopt rules governing the administration of sedation and anesthesia in the offices of persons licensed under this chapter, including necessary 18.71.017 [Title 18 RCW—page 193] 18.71.019 Title 18 RCW: Businesses and Professions training and equipment. [2007 c 273 § 26; 2000 c 171 § 23; 1994 sp.s. c 9 § 304; 1961 c 284 § 11.] amended. [1994 sp.s. c 9 § 326; 1991 c 3 § 168; 1979 ex.s. c 111 § 6. Formerly RCW 18.72.155.] Effective date—Implementation—2007 c 273: See RCW 70.230.900 and 70.230.901. Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.71.019 Application of Uniform Disciplinary Act— Request for review of revocation order. The Uniform Disciplinary Act, chapter 18.130 RCW, governs unlicensed practice and the issuance and denial of licenses and discipline of licensees under this chapter. When a panel of the commission revokes a license, the respondent may request review of the revocation order of the panel by the remaining members of the commission not involved in the initial investigation. The respondent’s request for review must be filed within twenty days of the effective date of the order revoking the respondent’s license. The review shall be scheduled for hearing by the remaining members of the commission not involved in the initial investigation within sixty days. The commission shall adopt rules establishing review procedures. [1996 c 195 § 1; 1994 sp.s. c 9 § 305; 1987 c 150 § 45; 1986 c 259 § 105.] 18.71.019 Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Severability—1987 c 150: See RCW 18.122.901. Severability—1986 c 259: See note following RCW 18.130.010. 18.71.0191 Executive director—Staff. (Expires June 30, 2013.) Except as provided in RCW 18.71.430 for the duration of the pilot project, the secretary of the department of health shall appoint, from a list of three names supplied by the commission, an executive director who shall act to carry out the provisions of this chapter. The secretary shall also employ such additional staff including administrative assistants, investigators, and clerical staff as are required to enable the commission to accomplish its duties and responsibilities. The executive director is exempt from the provisions of the civil service law, chapter 41.06 RCW, as now or hereafter amended. [2008 c 134 § 33; 1994 sp.s. c 9 § 326; 1991 c 3 § 168; 1979 ex.s. c 111 § 6. Formerly RCW 18.72.155.] 18.71.0191 Expiration date—2008 c 134 §§ 33 and 34: "Sections 33 and 34 of this act expire June 30, 2013." [2008 c 134 § 35.] Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020. Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Severability—1979 ex.s. c 111: "If any provision of this 1979 act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 111 § 21.] Severability—1979 ex.s. c 111: "If any provision of this 1979 act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 111 § 21.] 18.71.0195 Disciplinary reports—Confidentiality— Immunity. (Effective until July 1, 2009.) (1) The contents of any report filed under RCW 18.130.070 shall be confidential and exempt from public disclosure pursuant to chapter 42.56 RCW, except that it may be reviewed (a) by the licensee involved or his or her counsel or authorized representative who may submit any additional exculpatory or explanatory statements or other information, which statements or other information shall be included in the file, or (b) by a representative of the commission, or investigator thereof, who has been assigned to review the activities of a licensed physician. Upon a determination that a report is without merit, the commission’s records may be purged of information relating to the report. (2) Every individual, medical association, medical society, hospital, medical service bureau, health insurance carrier or agent, professional liability insurance carrier, professional standards review organization, agency of the federal, state, or local government, or the entity established by RCW 18.71.300 and its officers, agents, and employees are immune from civil liability, whether direct or derivative, for providing information to the commission under RCW 18.130.070, or for which an individual health care provider has immunity under the provisions of RCW 4.24.240, 4.24.250, or 4.24.260. [2005 c 274 § 227; 1998 c 132 § 2; 1994 sp.s. c 9 § 328; 1986 c 259 § 117; 1979 ex.s. c 111 § 15. Formerly RCW 18.72.265.] 18.71.0195 Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. Finding—Intent—1998 c 132: "The legislature finds that the selfimposed license surcharge on physician licenses to fund a program to help physicians with chemical dependency or mental illness is not being fully spent on that program. It is the intent of the legislature that the program be fully funded and that funds collected into the impaired physician account be spent only on the program." [1998 c 132 § 1.] Severability—1998 c 132: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1998 c 132 § 15.] Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Severability—1986 c 259: See note following RCW 18.130.010. Severability—1979 ex.s. c 111: See note following RCW 18.71.0191. 18.71.0191 Executive director—Staff. (Effective June 30, 2013.) The secretary of the department of health shall appoint, from a list of three names supplied by the commission, an executive director who shall act to carry out the provisions of this chapter. The secretary shall also employ such additional staff including administrative assistants, investigators, and clerical staff as are required to enable the commission to accomplish its duties and responsibilities. The executive director is exempt from the provisions of the civil service law, chapter 41.06 RCW, as now or hereafter 18.71.0191 [Title 18 RCW—page 194] 18.71.0195 Disciplinary reports—Confidentiality— Immunity. (Effective July 1, 2009.) (1) The contents of any report filed under RCW 18.130.070 shall be confidential and exempt from public disclosure pursuant to chapter 42.56 RCW, except that it may be reviewed (a) by the licensee involved or his or her counsel or authorized representative who may submit any additional exculpatory or explanatory statements or other information, which statements or other information shall be included in the file, or (b) by a represen18.71.0195 (2008 Ed.) Physicians tative of the commission, or investigator thereof, who has been assigned to review the activities of a licensed physician. Upon a determination that a report is without merit, the commission’s records may be purged of information relating to the report. (2) Every individual, medical association, medical society, hospital, ambulatory surgical facility, medical service bureau, health insurance carrier or agent, professional liability insurance carrier, professional standards review organization, agency of the federal, state, or local government, or the entity established by RCW 18.71.300 and its officers, agents, and employees are immune from civil liability, whether direct or derivative, for providing information to the commission under RCW 18.130.070, or for which an individual health care provider has immunity under the provisions of RCW 4.24.240, 4.24.250, or 4.24.260. [2007 c 273 § 24; 2005 c 274 § 227; 1998 c 132 § 2; 1994 sp.s. c 9 § 328; 1986 c 259 § 117; 1979 ex.s. c 111 § 15. Formerly RCW 18.72.265.] Effective date—Implementation—2007 c 273: See RCW 70.230.900 and 70.230.901. Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. Finding—Intent—1998 c 132: "The legislature finds that the selfimposed license surcharge on physician licenses to fund a program to help physicians with chemical dependency or mental illness is not being fully spent on that program. It is the intent of the legislature that the program be fully funded and that funds collected into the impaired physician account be spent only on the program." [1998 c 132 § 1.] Severability—1998 c 132: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1998 c 132 § 15.] Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Severability—1986 c 259: See note following RCW 18.130.010. Severability—1979 ex.s. c 111: See note following RCW 18.71.0191. 18.71.021 License required. No person may practice or represent himself or herself as practicing medicine without first having a valid license to do so. [1987 c 150 § 46.] 18.71.021 Severability—1987 c 150: See RCW 18.122.901. 18.71.030 Exemptions. Nothing in this chapter shall be construed to apply to or interfere in any way with the practice of religion or any kind of treatment by prayer; nor shall anything in this chapter be construed to prohibit: (1) The furnishing of medical assistance in cases of emergency requiring immediate attention; (2) The domestic administration of family remedies; (3) The administration of oral medication of any nature to students by public school district employees or private elementary or secondary school employees as provided for in chapter 28A.210 RCW; (4) The practice of dentistry, osteopathic medicine and surgery, nursing, chiropractic, podiatric medicine and surgery, optometry, naturopathy, or any other healing art licensed under the methods or means permitted by such license; (5) The practice of medicine in this state by any commissioned medical officer serving in the armed forces of the United States or public health service or any medical officer 18.71.030 (2008 Ed.) 18.71.030 on duty with the United States veterans administration while such medical officer is engaged in the performance of the duties prescribed for him or her by the laws and regulations of the United States; (6) The practice of medicine by any practitioner licensed by another state or territory in which he or she resides, provided that such practitioner shall not open an office or appoint a place of meeting patients or receiving calls within this state; (7) The practice of medicine by a person who is a regular student in a school of medicine approved and accredited by the commission, however, the performance of such services be only pursuant to a regular course of instruction or assignments from his or her instructor, or that such services are performed only under the supervision and control of a person licensed pursuant to this chapter; (8) The practice of medicine by a person serving a period of postgraduate medical training in a program of clinical medical training sponsored by a college or university in this state or by a hospital accredited in this state, however, the performance of such services shall be only pursuant to his or her duties as a trainee; (9) The practice of medicine by a person who is regularly enrolled in a physician assistant program approved by the commission, however, the performance of such services shall be only pursuant to a regular course of instruction in said program and such services are performed only under the supervision and control of a person licensed pursuant to this chapter; (10) The practice of medicine by a licensed physician assistant which practice is performed under the supervision and control of a physician licensed pursuant to this chapter; (11) The practice of medicine, in any part of this state which shares a common border with Canada and which is surrounded on three sides by water, by a physician licensed to practice medicine and surgery in Canada or any province or territory thereof; (12) The administration of nondental anesthesia by a dentist who has completed a residency in anesthesiology at a school of medicine approved by the commission, however, a dentist allowed to administer nondental anesthesia shall do so only under authorization of the patient’s attending surgeon, obstetrician, or psychiatrist, and the commission has jurisdiction to discipline a dentist practicing under this exemption and enjoin or suspend such dentist from the practice of nondental anesthesia according to this chapter and chapter 18.130 RCW; (13) Emergency lifesaving service rendered by a physician’s trained emergency medical service intermediate life support technician and paramedic, as defined in RCW 18.71.200, if the emergency lifesaving service is rendered under the responsible supervision and control of a licensed physician; (14) The provision of clean, intermittent bladder catheterization for students by public school district employees or private school employees as provided for in RCW 18.79.290 and 28A.210.280. [1996 c 178 § 4; 1995 c 65 § 1; 1994 sp.s. c 9 § 306. Prior: 1990 c 196 § 12; 1990 c 33 § 552; 1988 c 48 § 4; 1986 c 259 § 108; 1983 c 2 § 1; prior: 1982 c 195 § 3; 1982 c 51 § 1; 1975 1st ex.s. c 171 § 5; 1973 1st ex.s. c 110 § [Title 18 RCW—page 195] 18.71.040 Title 18 RCW: Businesses and Professions 1; 1961 c 284 § 4; 1919 c 134 § 12; 1909 c 192 § 19; RRS § 10024.] Effective date—1996 c 178: See note following RCW 18.35.110. Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102. Severability—1986 c 259: See note following RCW 18.130.010. Severability—1983 c 2: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1983 c 2 § 21.] Severability—1982 c 195: See note following RCW 28A.210.260. 18.71.040 Application—Fee. Every applicant for a license to practice medicine and surgery shall pay a fee determined by the secretary as provided in RCW 43.70.250. [2003 c 275 § 1; 1991 c 3 § 160; 1985 c 322 § 1. Prior: 1975 1st ex.s. c 171 § 6; 1975 1st ex.s. c 30 § 61; 1955 c 202 § 35; prior: 1941 c 166 § 1, part; 1913 c 82 § 1, part; 1909 c 192 § 7, part; Rem. Supp. 1941 § 10010-1, part.] 18.71.040 18.71.050 Application—Eligibility requirements— United States and Canadian graduates. (1) Each applicant who has graduated from a school of medicine located in any state, territory, or possession of the United States, the District of Columbia, or the Dominion of Canada, shall file an application for licensure with the commission on a form prepared by the secretary with the approval of the commission. Each applicant shall furnish proof satisfactory to the commission of the following: (a) That the applicant has attended and graduated from a school of medicine approved by the commission; (b) That the applicant has completed two years of postgraduate medical training in a program acceptable to the commission, provided that applicants graduating before July 28, 1985, may complete only one year of postgraduate medical training; (c) That the applicant is of good moral character; and (d) That the applicant is physically and mentally capable of safely carrying on the practice of medicine. The commission may require any applicant to submit to such examination or examinations as it deems necessary to determine an applicant’s physical and/or mental capability to safely practice medicine. (2) Nothing in this section shall be construed as prohibiting the commission from requiring such additional information from applicants as it deems necessary. The issuance and denial of licenses are subject to chapter 18.130 RCW, the Uniform Disciplinary Act. [1994 sp.s. c 9 § 307; 1991 c 3 § 161. Prior: 1986 c 259 § 109; 1985 c 322 § 2; 1975 1st ex.s. c 171 § 7; 1961 c 284 § 5; 1957 c 60 § 3; prior: 1947 c 168 § 1, part; 1919 c 134 § 3, part; 1909 c 192 § 6, part; Rem. Supp. 1947 § 10008, part; prior: 1905 c 41 § 1, part; 1901 c 42 § 1, part; 1890 p 115 § 3, part; Code 1881 § 2285, part.] 18.71.050 Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. medicine who have graduated from a school of medicine located outside of the states, territories, and possessions of the United States, the District of Columbia, or the Dominion of Canada, shall file an application for licensure with the commission on a form prepared by the secretary with the approval of the commission. Each applicant shall furnish proof satisfactory to the commission of the following: (1) That he or she has completed in a school of medicine a resident course of professional instruction equivalent to that required in this chapter for applicants generally; (2) That he or she meets all the requirements which must be met by graduates of the United States and Canadian school of medicine except that he or she need not have graduated from a school of medicine approved by the commission; (3) That he or she has satisfactorily passed the examination given by the educational council for foreign medical graduates or has met the requirements in lieu thereof as set forth in rules adopted by the commission; (4) That he or she has the ability to read, write, speak, understand, and be understood in the English language. [1994 sp.s. c 9 § 308; 1991 c 3 § 162; 1975 1st ex.s. c 171 § 16.] Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.71.055 Schools of medicine—Requirements for approval. The commission may approve any school of medicine which is located in any state, territory, or possession of the United States, the District of Columbia, or in the Dominion of Canada, provided that it: (1) Requires collegiate instruction which includes courses deemed by the commission to be prerequisites to medical education; (2) Provides adequate instruction in the following subjects: Anatomy, biochemistry, microbiology and immunology, pathology, pharmacology, physiology, anaesthesiology, dermatology, gynecology, internal medicine, neurology, obstetrics, ophthalmology, orthopedic surgery, otolaryngology, pediatrics, physical medicine and rehabilitation, preventive medicine and public health, psychiatry, radiology, surgery, and urology, and such other subjects determined by the commission; (3) Provides clinical instruction in hospital wards and out-patient clinics under guidance. Approval may be withdrawn by the commission at any time a medical school ceases to comply with one or more of the requirements of this section. (4) Nothing in this section shall be construed to authorize the commission to approve a school of osteopathic medicine and surgery, or osteopathic medicine, for purposes of qualifying an applicant to be licensed under this chapter by direct licensure, reciprocity, or otherwise. [1996 c 178 § 5; 1994 sp.s. c 9 § 309; 1975 1st ex.s. c 171 § 8; 1961 c 284 § 6; 1957 c 60 § 4.] 18.71.055 Effective date—1996 c 178: See note following RCW 18.35.110. Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Severability—1986 c 259: See note following RCW 18.130.010. 18.71.060 Record of proceedings of commission and of applications. The commission shall keep an official record of all its proceedings, a part of which record shall con18.71.060 18.71.051 Application—Eligibility requirements— Foreign graduates. Applicants for licensure to practice 18.71.051 [Title 18 RCW—page 196] (2008 Ed.) Physicians sist of a register of all applicants for licensure under this chapter, with the result of each application. The record shall be evidence of all the proceedings of the commission that are set forth in it. [1994 sp.s. c 9 § 310; 1975 1st ex.s. c 171 § 9; 1961 c 284 § 7; 1909 c 192 § 8; RRS § 10011.] Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.71.070 Examination—Record. With the exception of those applicants granted licensure through the provisions of RCW 18.71.090 or 18.71.095, applicants for licensure must successfully complete an examination administered by the commission to determine their professional qualifications. The commission shall prepare and give, or approve the preparation and giving of, an examination which shall cover those general subjects and topics, a knowledge of which is commonly and generally required of candidates for the degree of doctor of medicine conferred by approved colleges or schools of medicine in the United States. Notwithstanding any other provision of law, the commission has the sole responsibility for determining the proficiency of applicants under this chapter, and, in so doing, may waive any prerequisite to licensure not set forth in this chapter. The commission may by rule establish the passing grade for the examination. Examination results shall be part of the records of the commission and shall be permanently kept with the applicant’s file. [1994 sp.s. c 9 § 311; 1985 c 322 § 3; 1975 1st ex.s. c 171 § 10; 1961 c 284 § 8; 1919 c 134 § 4; 1909 c 192 § 6; RRS § 10009.] 18.71.070 Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.71.080 License renewal—Continuing education requirement—Failure to renew, procedure. Every person licensed to practice medicine in this state shall pay licensing fees and renew his or her license in accordance with administrative procedures and administrative requirements adopted as provided in RCW 43.70.250 and 43.70.280. The commission may establish rules governing mandatory continuing education requirements which shall be met by physicians applying for renewal of licenses. The rules shall provide that mandatory continuing education requirements may be met in part by physicians showing evidence of the completion of approved activities relating to professional liability risk management. The commission, in its sole discretion, may permit an applicant who has not renewed his or her license to be licensed without examination if it is satisfied that such applicant meets all the requirements for licensure in this state, and is competent to engage in the practice of medicine. [1996 c 191 § 52; 1994 sp.s. c 9 § 312. Prior: 1991 c 195 § 1; 1991 c 3 § 163; 1985 c 322 § 4; prior: 1979 c 158 §§ 53, 54, 55; 1975 1st ex.s. c 171 § 11; 1971 ex.s. c 266 § 12; 1955 c 202 § 36; prior: 1941 c 166 § 1, part; 1913 c 82 § 1, part; 1909 c 192 § 7, part; Rem. Supp. 1941 § 10010-1, part.] 18.71.080 Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.71.085 Inactive licenses—Renewal—Application of disciplinary provisions. The commission may adopt 18.71.085 (2008 Ed.) 18.71.095 rules pursuant to this section authorizing an inactive license status. (1) An individual licensed pursuant to chapter 18.71 RCW may place his or her license on inactive status. The holder of an inactive license shall not practice medicine and surgery in this state without first activating the license. (2) The administrative procedures, administrative requirements, and fee for inactive renewal shall be established pursuant to RCW 43.70.250 and 43.70.280. (3) An inactive license may be placed in an active status upon compliance with rules established by the commission. (4) Provisions relating to disciplinary action against a person with a license shall be applicable to a person with an inactive license, except that when disciplinary proceedings against a person with an inactive license have been initiated, the license shall remain inactive until the proceedings have been completed. [1996 c 191 § 53; 1994 sp.s. c 9 § 313; 1991 c 44 § 2.] Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.71.090 License without examination—Reciprocity—National board examinees—Fee. Any applicant who meets the requirements of RCW 18.71.050 and has been licensed under the laws of another state, territory, or possession of the United States, or of any province of Canada, or an applicant who has satisfactorily passed examinations given by the national board of medical examiners may, in the discretion of the commission, be granted a license without examination on the payment of the fees required by this chapter: PROVIDED, That the applicant must file with the commission a copy of the license certified by the proper authorities of the issuing state to be a full, true copy thereof, and must show that the standards, eligibility requirements, and examinations of that state are at least equal in all respects to those of this state. [1994 sp.s. c 9 § 314; 1985 c 322 § 5. Prior: 1975 1st ex.s. c 171 § 12; 1975 1st ex.s. c 30 § 63; 1961 c 284 § 9; 1957 c 60 § 5; 1919 c 134 § 11; RRS § 10023.] 18.71.090 Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.71.095 Limited licenses. The commission may, without examination, issue a limited license to persons who possess the qualifications set forth herein: (1) The commission may, upon the written request of the secretary of the department of social and health services or the secretary of corrections, issue a limited license to practice medicine in this state to persons who have been accepted for employment by the department of social and health services or the department of corrections as physicians; who are licensed to practice medicine in another state of the United States or in the country of Canada or any province or territory thereof; and who meet all of the qualifications for licensure set forth in RCW 18.71.050. Such license shall permit the holder thereof to practice medicine only in connection with patients, residents, or inmates of the state institutions under the control and supervision of the secretary of the department of social and health services or the department of corrections. 18.71.095 [Title 18 RCW—page 197] 18.71.100 Title 18 RCW: Businesses and Professions (2) The commission may issue a limited license to practice medicine in this state to persons who have been accepted for employment by a county or city health department as physicians; who are licensed to practice medicine in another state of the United States or in the country of Canada or any province or territory thereof; and who meet all of the qualifications for licensure set forth in RCW 18.71.050. Such license shall permit the holder thereof to practice medicine only in connection with his or her duties in employment with the city or county health department. (3) Upon receipt of a completed application showing that the applicant meets all of the requirements for licensure set forth in RCW 18.71.050 except for completion of two years of postgraduate medical training, and that the applicant has been appointed as a resident physician in a program of postgraduate clinical training in this state approved by the commission, the commission may issue a limited license to a resident physician. Such license shall permit the resident physician to practice medicine only in connection with his or her duties as a resident physician and shall not authorize the physician to engage in any other form of practice. Each resident physician shall practice medicine only under the supervision and control of a physician licensed in this state, but such supervision and control shall not be construed to necessarily require the personal presence of the supervising physician at the place where services are rendered. (4)(a) Upon nomination by the dean of the school of medicine at the University of Washington or the chief executive officer of a hospital or other appropriate health care facility licensed in the state of Washington, the commission may issue a limited license to a physician applicant invited to serve as a teaching-research member of the institution’s instructional staff if the sponsoring institution and the applicant give evidence that he or she has graduated from a recognized medical school and has been licensed or otherwise privileged to practice medicine at his or her location of origin. Such license shall permit the recipient to practice medicine only within the confines of the instructional program specified in the application and shall terminate whenever the holder ceases to be involved in that program, or at the end of one year, whichever is earlier. Upon request of the applicant and the institutional authority, the license may be renewed. (b) Upon nomination by the dean of the school of medicine of the University of Washington or the chief executive officer of any hospital or appropriate health care facility licensed in the state of Washington, the commission may issue a limited license to an applicant selected by the sponsoring institution to be enrolled in one of its designated departmental or divisional fellowship programs provided that the applicant shall have graduated from a recognized medical school and has been granted a license or other appropriate certificate to practice medicine in the location of the applicant’s origin. Such license shall permit the holder only to practice medicine within the confines of the fellowship program to which he or she has been appointed and, upon the request of the applicant and the sponsoring institution, the license may be renewed by the commission for no more than a total of two years. All persons licensed under this section shall be subject to the jurisdiction of the commission to the same extent as other [Title 18 RCW—page 198] members of the medical profession, in accordance with this chapter and chapter 18.130 RCW. Persons applying for licensure and renewing licenses pursuant to this section shall comply with administrative procedures, administrative requirements, and fees determined as provided in RCW 43.70.250 and 43.70.280. Any person who obtains a limited license pursuant to this section may apply for licensure under this chapter, but shall submit a new application form and comply with all other licensing requirements of this chapter. [2001 c 114 § 1; 1996 c 191 § 54; 1994 sp.s. c 9 § 315; 1991 c 3 § 164; 1990 c 160 § 1; 1987 c 129 § 1. Prior: 1986 c 259 § 110; 1985 c 322 § 6; 1975 1st ex.s. c 171 § 13; 1973 1st ex.s. c 4 § 1; 1967 c 138 § 1; 1965 c 29 § 1; 1959 c 189 § 1.] Effective date—2001 c 114: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 27, 2001]." [2001 c 114 § 2.] Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Severability—1986 c 259: See note following RCW 18.130.010. 18.71.100 Applicability of health regulations. All persons granted licenses or certificates under this chapter, shall be subject to the state and municipal regulations relating to the control of contagious diseases, the reporting and certifying to births and deaths, and all matters pertaining to public health; and all such reports shall be accepted as legal. [1909 c 192 § 18; RRS § 10022.] 18.71.100 Public health and safety: Title 70 RCW. Vital statistics: Chapter 70.58 RCW. 18.71.151 Physician members of committees to evaluate credentials and qualifications of physicians—Immunity from civil suit. See RCW 4.24.240. 18.71.151 18.71.161 Physicians filing charges or presenting evidence before committees, boards, or hospitals—Immunity from civil suit. See RCW 4.24.250, 4.24.260. 18.71.161 18.71.171 Records of medical society or hospital committee or board not subject to civil process. See RCW 4.24.250. 18.71.171 18.71.190 False personation. Every person filing for record, or attempting to file for record, the certificate issued to another, falsely claiming himself or herself to be the person named in such certificate, or falsely claiming himself or herself to be the person entitled to the same, is guilty of forgery under RCW 9A.60.020. [2003 c 53 § 138; 1909 c 192 § 16; RRS § 10019.] 18.71.190 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. False personation in the first or second degree: RCW 9A.60.040, 9A.60.045. 18.71.200 Emergency medical service personnel— Definitions. As used in this chapter, a "physician’s trained emergency medical service intermediate life support technician and paramedic" means a person who: (1) Has successfully completed an emergency medical technician course as described in chapter 18.73 RCW; 18.71.200 (2008 Ed.) Physicians (2) Is trained under the supervision of an approved medical program director according to training standards prescribed in rule to perform specific phases of advanced cardiac and trauma life support under written or oral authorization of an approved licensed physician; and (3) Has been examined and certified as a physician’s trained emergency medical service intermediate life support technician and paramedic, by level, by the University of Washington’s school of medicine or the department of health. [1995 c 65 § 2; 1991 c 3 § 165; 1986 c 259 § 111; 1983 c 112 § 1; 1977 c 55 § 2; 1973 1st ex.s. c 52 § 1; 1971 ex.s. c 305 § 2.] Severability—1986 c 259: See note following RCW 18.130.010. Effective date—1973 1st ex.s. c 52: See note following RCW 43.22.010. 18.71.210 written or oral order of medical program directors and shall not be construed at any time to include free standing or nondirected actions, for actions not presenting an emergency or life-threatening condition. [1996 c 191 § 55; 1996 c 178 § 6; 1995 c 65 § 3; 1994 sp.s. c 9 § 316; 1992 c 128 § 1; 1990 c 269 § 18; 1986 c 68 § 1; 1983 c 112 § 2; 1977 c 55 § 3.] Reviser’s note: This section was amended by 1996 c 178 § 6 and by 1996 c 191 § 55, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Effective date—1996 c 178: See note following RCW 18.35.110. Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Severability—1990 c 269: See RCW 70.168.901. 18.71.210 Emergency medical service personnel— Liability. No act or omission of any physician’s trained emergency medical service intermediate life support technician and paramedic, as defined in RCW 18.71.200, or any emergency medical technician or first responder, as defined in RCW 18.73.030, done or omitted in good faith while rendering emergency medical service under the responsible supervision and control of a licensed physician or an approved medical program director or delegate(s) to a person who has suffered illness or bodily injury shall impose any liability upon: (1) The physician’s trained emergency medical service intermediate life support technician and paramedic, emergency medical technician, or first responder; (2) The medical program director; (3) The supervising physician(s); (4) Any hospital, the officers, members of the staff, nurses, or other employees of a hospital; (5) Any training agency or training physician(s); (6) Any licensed ambulance service; or (7) Any federal, state, county, city or other local governmental unit or employees of such a governmental unit. This section shall apply to an act or omission committed or omitted in the performance of the actual emergency medical procedures and not in the commission or omission of an act which is not within the field of medical expertise of the physician’s trained emergency medical service intermediate life support technician and paramedic, emergency medical technician, or first responder, as the case may be. This section shall apply also, as to the entities and personnel described in subsections (1) through (7) of this section, to any act or omission committed or omitted in good faith by such entities or personnel in rendering services at the request of an approved medical program director in the training of emergency medical service personnel for certification or recertification pursuant to this chapter. This section shall not apply to any act or omission which constitutes either gross negligence or willful or wanton misconduct. [1997 c 275 § 1; 1997 c 245 § 1. Prior: 1995 c 103 § 1; 1995 c 65 § 4; 1989 c 260 § 4; 1987 c 212 § 502; 1986 c 68 § 4; 1983 c 112 § 3; 1977 c 55 § 4; 1971 ex.s. c 305 § 3.] 18.71.210 18.71.205 Emergency medical service personnel— Certification. (1) The secretary of the department of health, in conjunction with the advice and assistance of the emergency medical services licensing and certification advisory committee as prescribed in RCW 18.73.050, and the commission, shall prescribe: (a) Practice parameters, training standards for, and levels of, physician trained emergency medical service intermediate life support technicians and paramedics; (b) Minimum standards and performance requirements for the certification and recertification of physician’s trained emergency medical service intermediate life support technicians and paramedics; and (c) Procedures for certification, recertification, and decertification of physician’s trained emergency medical service intermediate life support technicians and paramedics. (2) Initial certification shall be for a period established by the secretary pursuant to RCW 43.70.250 and 43.70.280. (3) Recertification shall be granted upon proof of continuing satisfactory performance and education, and shall be for a period established by the secretary pursuant to RCW 43.70.250 and 43.70.280. (4) As used in chapters 18.71 and 18.73 RCW, "approved medical program director" means a person who: (a) Is licensed to practice medicine and surgery pursuant to chapter 18.71 RCW or osteopathic medicine and surgery pursuant to chapter 18.57 RCW; and (b) Is qualified and knowledgeable in the administration and management of emergency care and services; and (c) Is so certified by the department of health for a county, group of counties, or cities with populations over four hundred thousand in coordination with the recommendations of the local medical community and local emergency medical services and trauma care council. (5) The Uniform Disciplinary Act, chapter 18.130 RCW, governs uncertified practice, the issuance and denial of certificates, and the disciplining of certificate holders under this section. The secretary shall be the disciplining authority under this section. Disciplinary action shall be initiated against a person credentialed under this chapter in a manner consistent with the responsibilities and duties of the medical program director under whom such person is responsible. (6) Such activities of physician’s trained emergency medical service intermediate life support technicians and paramedics shall be limited to actions taken under the express 18.71.205 (2008 Ed.) Effective date—1995 c 103: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 19, 1995]." [1995 c 103 § 3.] [Title 18 RCW—page 199] 18.71.212 Title 18 RCW: Businesses and Professions 18.71.212 Medical program directors—Certification. The secretary of the department of health, in conjunction with the state emergency medical services and trauma care committee, shall evaluate, certify and terminate certification of medical program directors, and prescribe minimum standards defining duties and responsibilities and performance of duties and responsibilities. [1990 c 269 § 19; 1986 c 68 § 2.] 18.71.212 Severability—1990 c 269: See RCW 70.168.901. 18.71.213 Medical program directors—Termination—Temporary delegation of authority. If a medical program director terminates certification, that medical program director’s authority may be delegated by the department to any other licensed physician for a period of thirty days, or until a new medical program director is certified, whichever comes first. [1986 c 68 § 3.] 18.71.213 18.71.215 Medical program directors—Liability for acts or omissions of others. The department of health shall defend and hold harmless approved medical program directors, delegates, or agents, including but not limited to hospitals and hospital personnel in their capacity of training emergency service medical personnel for certification or recertification pursuant to this chapter at the request of such directors, for any act or omission committed or omitted in good faith in the performance of their duties. [1995 c 103 § 2; 1990 c 269 § 20; 1986 c 68 § 5; 1983 c 112 § 4.] 18.71.215 Effective date—1995 c 103: See note following RCW 18.71.210. Severability—1990 c 269: See RCW 70.168.901. 18.71.220 Rendering emergency care—Immunity of physician or hospital from civil liability. No physician or hospital licensed in this state shall be subject to civil liability, based solely upon failure to obtain consent in rendering emergency medical, surgical, hospital, or health services to any individual regardless of age where its patient is unable to give his consent for any reason and there is no other person reasonably available who is legally authorized to consent to the providing of such care: PROVIDED, That such physician or hospital has acted in good faith and without knowledge of facts negating consent. [1971 ex.s. c 305 § 4.] 18.71.220 Immunity from liability for certain types of medical care: RCW 4.24.300. 18.71.230 Disciplinary action against persons exempt from licensure. A right to practice medicine and surgery by an individual in this state pursuant to RCW 18.71.030 (5) through (12) shall be subject to discipline by order of the commission upon a finding by the commission of an act of unprofessional conduct as defined in RCW 18.130.180 or that the individual is unable to practice with reasonable skill or safety due to a mental or physical condition as described in RCW 18.130.170. Such physician shall have the same rights of notice, hearing, and judicial review as provided licensed physicians generally under this chapter and chapter 18.130 RCW. [1994 sp.s. c 9 § 317; 1986 c 259 § 112; 1979 c 158 § 57; 1973 1st ex.s. c 110 § 2.] 18.71.240 Abortion—Right to medical treatment of infant born alive. The right of medical treatment of an infant born alive in the course of an abortion procedure shall be the same as the right of an infant born prematurely of equal gestational age. [1981 c 328 § 1.] 18.71.240 18.71.300 Impaired physician program—Definitions. The definitions in this section apply throughout RCW 18.71.310 through 18.71.340 unless the context clearly requires otherwise. (1) "Entity" means a nonprofit corporation formed by physicians who have expertise in the areas of alcohol abuse, drug abuse, alcoholism, other drug addictions, and mental illness and who broadly represent the physicians of the state and that has been designated to perform any or all of the activities set forth in RCW 18.71.310(1) by the commission. (2) "Impaired" or "impairment" means the inability to practice medicine with reasonable skill and safety to patients by reason of physical or mental illness including alcohol abuse, drug abuse, alcoholism, other drug addictions, or other debilitating conditions. (3) "Impaired physician program" means the program for the prevention, detection, intervention, monitoring, and treatment of impaired physicians established by the commission pursuant to RCW 18.71.310(1). (4) "Physician" or "practitioner" means a person licensed under this chapter, chapter 18.71A RCW, or a professional licensed under another chapter of Title 18 RCW whose disciplining authority has a contract with the entity for an impaired practitioner program for its license holders. (5) "Treatment program" means a plan of care and rehabilitation services provided by those organizations or persons authorized to provide such services to be approved by the commission or entity for impaired physicians taking part in the impaired physician program created by RCW 18.71.310. [1998 c 132 § 3; 1994 sp.s. c 9 § 329; 1989 c 119 § 1; 1987 c 416 § 1. Formerly RCW 18.72.301.] 18.71.300 Finding—Intent—Severability—1998 c 132: See notes following RCW 18.71.0195. Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Effective date—1987 c 416: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987." [1987 c 416 § 10.] 18.71.230 Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Severability—1986 c 259: See note following RCW 18.130.010. [Title 18 RCW—page 200] 18.71.310 Impaired physician program—License surcharge. (1) The commission shall enter into a contract with the entity to implement an impaired physician program. The commission may enter into a contract with the entity for up to six years in length. The impaired physician program may include any or all of the following: (a) Entering into relationships supportive of the impaired physician program with professionals who provide either evaluation or treatment services, or both; (b) Receiving and assessing reports of suspected impairment from any source; (c) Intervening in cases of verified impairment, or in cases where there is reasonable cause to suspect impairment; (d) Upon reasonable cause, referring suspected or verified impaired physicians for evaluation or treatment; 18.71.310 (2008 Ed.) Physicians (e) Monitoring the treatment and rehabilitation of impaired physicians including those ordered by the commission; (f) Providing monitoring and continuing treatment and rehabilitative support of physicians; (g) Performing such other activities as agreed upon by the commission and the entity; and (h) Providing prevention and education services. (2) A contract entered into under subsection (1) of this section shall be financed by a surcharge of not less than twenty-five and not more than thirty-five dollars per year on each license renewal or issuance of a new license to be collected by the department of health from every physician and surgeon licensed under this chapter in addition to other license fees. These moneys shall be placed in the impaired physician account to be used solely for the implementation of the impaired physician program. [2001 c 109 § 1; 1998 c 132 § 4; 1997 c 79 § 2; 1994 sp.s. c 9 § 330; 1991 c 3 § 169; 1989 c 119 § 2; 1987 c 416 § 2. Formerly RCW 18.72.306.] Finding—Intent—Severability—1998 c 132: See notes following RCW 18.71.0195. 18.71.360 (5) Informing each participant of the impaired physician program of the program procedures, the responsibilities of program participants, and the possible consequences of noncompliance with the program. [1998 c 132 § 5; 1994 sp.s. c 9 § 331; 1987 c 416 § 3. Formerly RCW 18.72.311.] Finding—Intent—Severability—1998 c 132: See notes following RCW 18.71.0195. Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Effective date—1987 c 416: See note following RCW 18.71.300. 18.71.330 Impaired physician program—Evaluation of physician. If the commission has reasonable cause to believe that a physician is impaired, the commission shall cause an evaluation of such physician to be conducted by the entity or the entity’s designee or the commission’s designee for the purpose of determining if there is an impairment. The entity or appropriate designee shall report the findings of its evaluation to the commission. [1998 c 132 § 6; 1994 sp.s. c 9 § 332; 1987 c 416 § 4. Formerly RCW 18.72.316.] 18.71.330 Effective date—1997 c 79: See note following RCW 18.71.401. Finding—Intent—Severability—1998 c 132: See notes following RCW 18.71.0195. Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Effective date—1987 c 416: See note following RCW 18.72.301. Effective date—1987 c 416: See note following RCW 18.71.300. 18.71.315 Impaired physician account—Created. The impaired physician account is created in the custody of the state treasurer. All receipts from RCW 18.71.310 from license surcharges on physicians and physician assistants shall be deposited into the account. Expenditures from the account may only be used for the impaired physician program under this chapter. Only the secretary of health or the secretary’s designee may authorize expenditures from the account. No appropriation is required for expenditures from this account. [1998 c 132 § 12.] 18.71.340 Impaired physician program—Entity records protected. All entity records are not subject to disclosure pursuant to chapter 42.56 RCW. [2005 c 274 § 228; 1998 c 132 § 7; 1987 c 416 § 6. Formerly RCW 18.72.321.] 18.71.315 Finding—Intent—Severability—1998 c 132: See notes following RCW 18.71.0195. 18.71.320 Impaired physician program—Procedures. The entity shall develop procedures in consultation with the commission for: (1) Periodic reporting of statistical information regarding impaired physician activity; (2) Periodic disclosure and joint review of such information as the commission may deem appropriate regarding reports received, contacts or investigations made, and the disposition of each report. However, the entity shall not disclose any personally identifiable information except as provided in subsections (3) and (4) of this section; (3) Immediate reporting to the commission of the name and results of any contact or investigation regarding any suspected or verified impaired physician who is reasonably believed probably to constitute an imminent danger to himself or herself or to the public; (4) Reporting to the commission, in a timely fashion, any suspected or verified impaired physician who fails to cooperate with the entity, fails to submit to evaluation or treatment, or whose impairment is not substantially alleviated through treatment, or who, in the opinion of the entity, is probably unable to practice medicine with reasonable skill and safety; 18.71.320 (2008 Ed.) 18.71.340 Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. Finding—Intent—Severability—1998 c 132: See notes following RCW 18.71.0195. Effective date—1987 c 416: See note following RCW 18.71.300. 18.71.350 Report of malpractice payments by insurers. (1) Every institution or organization providing professional liability insurance to physicians shall send a complete report to the commission of all malpractice settlements, awards, or payments in excess of twenty thousand dollars as a result of a claim or action for damages alleged to have been caused by an insured physician’s incompetency or negligence in the practice of medicine. Such institution or organization shall also report the award, settlement, or payment of three or more claims during a five-year time period as the result of the alleged physician’s incompetence or negligence in the practice of medicine regardless of the dollar amount of the award or payment. (2) Reports required by this section shall be made within sixty days of the date of the settlement or verdict. Failure to comply with this section is punishable by a civil penalty not to exceed two hundred fifty dollars. [1994 sp.s. c 9 § 333; 1993 c 367 § 17; 1986 c 300 § 6. Formerly RCW 18.72.340.] 18.71.350 Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Legislative findings—Severability—1986 c 300: See notes following RCW 18.57.245. 18.71.360 Driving records. To assist in identifying impairment related to alcohol abuse, the commission may 18.71.360 [Title 18 RCW—page 201] 18.71.401 Title 18 RCW: Businesses and Professions obtain a copy of the driving record of a physician or a physician assistant maintained by the department of licensing. [1994 sp.s. c 9 § 334; 1991 c 215 § 2. Formerly RCW 18.72.345.] Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.71.401 Funds collected—Where deposited. All assessments, fines, and other funds collected or received under this chapter must be deposited in the health professions account and used solely to administer and implement this chapter. [1997 c 79 § 1.] 18.71.401 Effective date—1997 c 79: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997." [1997 c 79 § 6.] 18.71.420 Allocation of all appropriated funds. The secretary of health shall allocate all appropriated funds to accomplish the purposes of this chapter. [1991 c 3 § 171; 1983 c 71 § 3. Formerly RCW 18.72.400.] 18.71.420 18.71.430 Pilot project—Commission—Authority over budget. (1) The commission shall conduct a pilot project to evaluate the effect of granting the commission additional authority over budget development, spending, and staffing. The pilot project shall begin on July 1, 2008, and conclude on June 30, 2013. (2) The pilot project shall include the following provisions: (a) That the secretary shall employ an executive director that is: (i) Hired by and serves at the pleasure of the commission; (ii) Exempt from the provisions of the civil service law, chapter 41.06 RCW and whose salary is established by the commission in accordance with RCW 43.03.028 and 42.17.370; and (iii) Responsible for performing all administrative duties of the commission, including preparing an annual budget, and any other duties as delegated to the executive director by the commission; (b) Consistent with the budgeting and accounting act: (i) With regard to budget for the remainder of the 20072009 biennium, the commission has authority to spend the remaining funds allocated with respect to its professions, physicians regulated under this chapter and physician assistants regulated under chapter 18.71A RCW; and (ii) Beginning with the 2009-2011 biennium, the commission is responsible for proposing its own biennial budget which the secretary must submit to the office of financial management; (c) That, prior to adopting credentialing fees under RCW 43.70.250, the secretary shall collaborate with the commission to determine the appropriate fees necessary to support the activities of the commission; (d) That, prior to the secretary exercising the secretary’s authority to adopt uniform rules and guidelines, or any other actions that might impact the licensing or disciplinary authority of the commission, the secretary shall first meet with the commission to determine how those rules or guidelines, or 18.71.430 [Title 18 RCW—page 202] changes to rules or guidelines, might impact the commission’s ability to effectively carry out its statutory duties. If the commission, in consultation with the secretary, determines that the proposed rules or guidelines, or changes to existing rules or guidelines, will negatively impact the commission’s ability to effectively carry out its statutory duties, then the individual commission shall collaborate with the secretary to develop alternative solutions to mitigate the impacts. If an alternative solution cannot be reached, the parties may resolve the dispute through a mediator as set forth in (f) of this subsection; (e) That the commission shall negotiate with the secretary to develop performance-based expectations, including identification of key performance measures. The performance expectations should focus on consistent, timely regulation of health care professionals; and (f) That in the event there is a disagreement between the commission and the secretary, that is unable to be resolved through negotiation, a representative of both parties shall agree on the designation of a third party to mediate the dispute. (3) By December 15, 2013, the secretary, the commission, and the other commissions conducting similar pilot projects under RCW 18.79.390, 18.25.210, and 18.32.765, shall report to the governor and the legislature on the results of the pilot project. The report shall: (a) Compare the effectiveness of licensing and disciplinary activities of each commission during the pilot project with the licensing and disciplinary activities of the commission prior to the pilot project and the disciplinary activities of other disciplining authorities during the same time period as the pilot project; (b) Compare the efficiency of each commission with respect to the timeliness and personnel resources during the pilot project to the efficiency of the commission prior to the pilot project and the efficiency of other disciplining authorities during the same period as the pilot project; (c) Compare the budgetary activity of each commission during the pilot project to the budgetary activity of the commission prior to the pilot project and to the budgetary activity of other disciplining authorities during the same period as the pilot project; (d) Evaluate each commission’s regulatory activities, including timelines, consistency of decision making, and performance levels in comparison to other disciplining authorities; and (e) Review summaries of national research and data regarding regulatory effectiveness and patient safety. (4) The secretary shall employ staff that are hired and managed by the executive director provided that nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement. [2008 c 134 § 29.] Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020. 18.71.910 18.71.910 Repeal—1909 c 192. All acts, or parts of acts, in any wise conflicting with the provisions of this act, are hereby repealed. [1909 c 192 § 22.] (2008 Ed.) Physician Assistants 18.71.920 Repeal—1957 c 60. All acts and parts of acts to the extent that the same are in conflict herewith are hereby repealed. [1957 c 60 § 6.] 18.71.920 18.71.930 Severability—1957 c 60. If any section, sentence, clause, or phrase of this act should be held to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this act. [1957 c 60 § 7.] 18.71.930 18.71.940 Severability—1961 c 284. If any section, sentence, clause, or phrase of this act should be held to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this act. [1961 c 284 § 13.] 18.71.940 18.71.941 Severability—1975 1st ex.s. c 171. If any section, sentence, clause, or phrase of this 1975 amendatory act should be held to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this 1975 amendatory act. [1975 1st ex.s. c 171 § 19.] 18.71.941 Chapter 18.71A Chapter 18.71A RCW PHYSICIAN ASSISTANTS Sections 18.71A.005 Regulation of health care professions—Criteria. 18.71A.010 Definitions. 18.71A.020 Rules fixing qualifications and restricting practice—Applications—Discipline. 18.71A.025 Application of uniform disciplinary act. 18.71A.030 Limitations on practice. 18.71A.040 Commission approval required—Application—Fee—Discipline. 18.71A.045 Eligibility of foreign medical school graduates. 18.71A.050 Physician’s liability, responsibility. 18.71A.060 Limitations on health care services. 18.71A.085 Acupuncture. 18.71A.090 Signing and attesting to required documentation. Reviser’s note: Certain powers and duties of the department of licensing and the director of licensing transferred to the department of health and the secretary of health. See RCW 43.70.220. Health professions account—Fees credited—Requirements for biennial budget request—Unappropriated funds: RCW 43.70.320. 18.71A.005 Regulation of health care professions— Criteria. See chapter 18.120 RCW. 18.71A.005 18.71A.010 Definitions. The definitions set forth in this section apply throughout this chapter. (1) "Physician assistant" means a person who is licensed by the commission to practice medicine to a limited extent only under the supervision of a physician as defined in chapter 18.71 RCW and who is academically and clinically prepared to provide health care services and perform diagnostic, therapeutic, preventative, and health maintenance services. (2) "Commission" means the medical quality assurance commission. (3) "Practice medicine" has the meaning defined in RCW 18.71.011. 18.71A.010 (2008 Ed.) 18.71A.020 (4) "Secretary" means the secretary of health or the secretary’s designee. (5) "Department" means the department of health. [1994 sp.s. c 9 § 318; 1990 c 196 § 1; 1988 c 113 § 1; 1975 1st ex.s. c 190 § 1; 1971 ex.s. c 30 § 1.] Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Severability—1971 ex.s. c 30: "If any provision of this 1971 act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1971 ex.s. c 30 § 13.] Medical quality assurance commission: Chapter 18.71 RCW. 18.71A.020 Rules fixing qualifications and restricting practice—Applications—Discipline. (1) The commission shall adopt rules fixing the qualifications and the educational and training requirements for licensure as a physician assistant or for those enrolled in any physician assistant training program. The requirements shall include completion of an accredited physician assistant training program approved by the commission and within one year successfully take and pass an examination approved by the commission, if the examination tests subjects substantially equivalent to the curriculum of an accredited physician assistant training program. An interim permit may be granted by the department of health for one year provided the applicant meets all other requirements. Physician assistants licensed by the board of medical examiners, or the medical quality assurance commission as of July 1, 1999, shall continue to be licensed. (2)(a) The commission shall adopt rules governing the extent to which: (i) Physician assistant students may practice medicine during training; and (ii) Physician assistants may practice after successful completion of a physician assistant training course. (b) Such rules shall provide: (i) That the practice of a physician assistant shall be limited to the performance of those services for which he or she is trained; and (ii) That each physician assistant shall practice medicine only under the supervision and control of a physician licensed in this state, but such supervision and control shall not be construed to necessarily require the personal presence of the supervising physician or physicians at the place where services are rendered. (3) Applicants for licensure shall file an application with the commission on a form prepared by the secretary with the approval of the commission, detailing the education, training, and experience of the physician assistant and such other information as the commission may require. The application shall be accompanied by a fee determined by the secretary as provided in RCW 43.70.250 and 43.70.280. A surcharge of twenty-five dollars per year shall be charged on each license renewal or issuance of a new license to be collected by the department and deposited into the impaired physician account for physician assistant participation in the impaired physician program. Each applicant shall furnish proof satisfactory to the commission of the following: (a) That the applicant has completed an accredited physician assistant program approved by the commission and is eligible to take the examination approved by the commission; 18.71A.020 [Title 18 RCW—page 203] 18.71A.025 Title 18 RCW: Businesses and Professions (b) That the applicant is of good moral character; and (c) That the applicant is physically and mentally capable of practicing medicine as a physician assistant with reasonable skill and safety. The commission may require an applicant to submit to such examination or examinations as it deems necessary to determine an applicant’s physical or mental capability, or both, to safely practice as a physician assistant. (4) The commission may approve, deny, or take other disciplinary action upon the application for license as provided in the Uniform Disciplinary Act, chapter 18.130 RCW. The license shall be renewed as determined under RCW 43.70.250 and 43.70.280. The commission may authorize the use of alternative supervisors who are licensed either under chapter 18.57 or 18.71 RCW. [1999 c 127 § 1; 1998 c 132 § 14; 1996 c 191 § 57; 1994 sp.s. c 9 § 319; 1993 c 28 § 5; 1992 c 28 § 2; 1990 c 196 § 2; 1971 ex.s. c 30 § 2.] Finding—Intent—Severability—1998 c 132: See notes following RCW 18.71.0195. Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.71A.025 Application of uniform disciplinary act. The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of licenses and the discipline of licensees under this chapter. [1986 c 259 § 106.] 18.71A.025 Severability—1986 c 259: See note following RCW 18.130.010. 18.71A.030 Limitations on practice. A physician assistant may practice medicine in this state only with the approval of the practice arrangement plan by the commission and only to the extent permitted by the commission. A physician assistant who has received a license but who has not received commission approval of the practice arrangement plan under RCW 18.71A.040 may not practice. A physician assistant shall be subject to discipline under chapter 18.130 RCW. [1994 sp.s. c 9 § 320; 1993 c 28 § 6; 1990 c 196 § 3; 1971 ex.s. c 30 § 3.] 18.71A.030 Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.71A.040 Commission approval required—Application—Fee—Discipline. (1) No physician assistant practicing in this state shall be employed or supervised by a physician or physician group without the approval of the commission. (2) Prior to commencing practice, a physician assistant licensed in this state shall apply to the commission for permission to be employed or supervised by a physician or physician group. The practice arrangement plan shall be jointly submitted by the physician or physician group and physician assistant. Administrative procedures, administrative requirements, and fees shall be established as provided in RCW 43.70.250 and 43.70.280. The practice arrangement plan shall delineate the manner and extent to which the physician assistant would practice and be supervised. Whenever a physician assistant is practicing in a manner inconsistent with the approved practice arrangement plan, the commission may take disciplinary action under chapter 18.130 RCW. [1996 c 191 § 58; 1996 c 191 § 40; 1994 sp.s. c 9 § 321; 1993 c 28 § 7; 1990 c 196 § 4. Prior: 1986 c 259 § 113; 1985 c 7 § 61; 18.71A.040 [Title 18 RCW—page 204] 1975 1st ex.s. c 30 § 64; 1975 1st ex.s. c 190 § 2; 1971 ex.s. c 30 § 4.] Reviser’s note: This section was amended by 1996 c 191 § 40 and by 1996 c 191 § 58, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Severability—1986 c 259: See note following RCW 18.130.010. 18.71A.045 Eligibility of foreign medical school graduates. Foreign medical school graduates shall not be eligible for licensing as physician assistants after July 1, 1989. [1994 sp.s. c 9 § 322; 1988 c 113 § 2.] 18.71A.045 Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.71A.050 Physician’s liability, responsibility. No physician who supervises a licensed physician assistant in accordance with and within the terms of any permission granted by the commission is considered as aiding and abetting an unlicensed person to practice medicine. The supervising physician and physician assistant shall retain professional and personal responsibility for any act which constitutes the practice of medicine as defined in RCW 18.71.011 when performed by the physician assistant. [1994 sp.s. c 9 § 323; 1993 c 28 § 8; 1990 c 196 § 5; 1986 c 259 § 114; 1971 ex.s. c 30 § 5.] 18.71A.050 Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Severability—1986 c 259: See note following RCW 18.130.010. 18.71A.060 Limitations on health care services. No health care services may be performed under this chapter in any of the following areas: (1) The measurement of the powers or range of human vision, or the determination of the accommodation and refractive state of the human eye or the scope of its functions in general, or the fitting or adaptation of lenses or frames for the aid thereof. (2) The prescribing or directing the use of, or using, any optical device in connection with ocular exercises, visual training, vision training, or orthoptics. (3) The prescribing of contact lenses for, or the fitting or adaptation of contact lenses to, the human eye. (4) Nothing in this section shall preclude the performance of routine visual screening. (5) The practice of dentistry or dental hygiene as defined in chapters 18.32 and 18.29 RCW respectively. The exemptions set forth in RCW 18.32.030 (1) and (8), shall not apply to a physician assistant. (6) The practice of chiropractic as defined in chapter 18.25 RCW including the adjustment or manipulation of the articulations of the spine. (7) The practice of podiatric medicine and surgery as defined in chapter 18.22 RCW. [1994 sp.s. c 9 § 324; 1990 c 196 § 6; 1973 c 77 § 21; 1971 ex.s. c 30 § 6.] 18.71A.060 Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. (2008 Ed.) Emergency Medical Care and Transportation Services 18.71A.085 Acupuncture. Any physician assistant acupuncturist currently licensed by the commission may continue to perform acupuncture under the physician assistant license as long as he or she maintains licensure as a physician assistant. [1994 sp.s. c 9 § 325; 1990 c 196 § 10.] 18.71A.085 Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.71A.090 Signing and attesting to required documentation. A physician assistant may sign and attest to any certificates, cards, forms, or other required documentation that the physician assistant’s supervising physician or physician group may sign, provided that it is within the physician assistant’s scope of practice and is consistent with the terms of the physician assistant’s practice arrangement plan as required by this chapter. [2007 c 264 § 3.] 18.71A.090 Finding—Intent—2007 c 264: "The legislature finds that some state agencies and departments do not accept the signature of physician assistants on certain certificates, reports, and other documents that their supervising physician is permitted to sign, notwithstanding the fact that the signing of such documents is within the physician assistant’s scope of practice, covered under their practice arrangement plan, and permitted pursuant to WAC 246918-140. It is therefore the intent of the legislature to clarify in statute what was adopted by rule in WAC 246-918-140, that a physician assistant may sign and attest to any document that might ordinarily be signed by the supervising physician and that is consistent with the terms of the practice arrangement plan." [2007 c 264 § 1.] Chapter 18.73 Chapter 18.73 RCW EMERGENCY MEDICAL CARE AND TRANSPORTATION SERVICES Sections 18.73.005 18.73.010 18.73.020 18.73.030 18.73.040 18.73.050 18.73.081 18.73.101 18.73.120 18.73.130 18.73.140 18.73.145 18.73.150 18.73.170 18.73.180 18.73.190 18.73.200 18.73.240 18.73.250 18.73.260 18.73.900 18.73.901 18.73.910 Regulation of health care professions—Criteria. Legislative finding. Supersession of local regulation. Definitions. Emergency medical services licensing and certification advisory committee. Committee—Duties—Review of rules. Duties of secretary—Minimum requirements to be prescribed. Variance from requirements. Certificate of advanced first aid qualification. Ambulance services and aid services—Licensing. Ambulance and aid vehicles—Licenses. Ambulance and aid vehicles—Self-inspection program. Ambulance personnel requirements. Aid vehicles—Personnel—Use. Other transportation vehicles. Violations—Penalties. Administrative procedure act applicable. Application of uniform disciplinary act. Epinephrine—Availability—Administration. Guidelines. Severability—1973 1st ex.s. c 208. Severability—1987 c 214. Effective dates—1973 1st ex.s. c 208. AIDS education and training: Chapter 70.24 RCW. Health professions account—Fees credited—Requirements for biennial budget request—Unappropriated funds: RCW 43.70.320. Natural death act and futile treatment: RCW 43.70.480. Poison information centers: Chapter 18.76 RCW. Secretary of health or designee ex officio member of health professional licensure and disciplinary boards: RCW 43.70.300. Violation of chapter 69.50 RCW, the Uniform Controlled Substances Act— Suspension of license: RCW 69.50.413. (2008 Ed.) 18.73.030 18.73.005 Regulation of health care professions— Criteria. See chapter 18.120 RCW. 18.73.005 18.73.010 Legislative finding. The legislature finds that a statewide program of emergency medical care is necessary to promote the health, safety, and welfare of the citizens of this state. The intent of the legislature is to assure minimum standards and training for first responders and emergency medical technicians, and minimum standards for ambulance services, ambulances, aid vehicles, aid services, and emergency medical equipment. [1990 c 269 § 22; 1988 c 104 § 2; 1987 c 214 § 1; 1973 1st ex.s. c 208 § 1.] 18.73.010 Severability—1990 c 269: See RCW 70.168.901. 18.73.020 Supersession of local regulation. The legislature further declares its intention to supersede all ordinances, regulations, and requirements promulgated by counties, cities and other political subdivisions of the state of Washington, insofar as they may provide for the regulation of emergency medical care, first aid, and ambulance services which do not exceed the provisions of this chapter; except that (1) license fees established in this chapter shall supersede all license fees of counties, cities and other political subdivisions of this state; and, (2) nothing in this chapter shall alter the provisions of RCW 18.71.200, 18.71.210, and 18.71.220. [1986 c 259 § 118; 1973 1st ex.s. c 208 § 2.] 18.73.020 Severability—1986 c 259: See note following RCW 18.130.010. 18.73.030 Definitions. Unless a different meaning is plainly required by the context, the following words and phrases as used in this chapter shall have the meanings indicated. (1) "Secretary" means the secretary of the department of health. (2) "Department" means the department of health. (3) "Committee" means the emergency medical services licensing and certification advisory committee. (4) "Ambulance" means a ground or air vehicle designed and used to transport the ill and injured and to provide personnel, facilities, and equipment to treat patients before and during transportation. (5) "Aid vehicle" means a vehicle used to carry aid equipment and individuals trained in first aid or emergency medical procedure. (6) "Emergency medical technician" means a person who is authorized by the secretary to render emergency medical care pursuant to RCW 18.73.081. (7) "Ambulance service" means an organization that operates one or more ambulances. (8) "Aid service" means an organization that operates one or more aid vehicles. (9) "Emergency medical service" means medical treatment and care which may be rendered at the scene of any medical emergency or while transporting any patient in an ambulance to an appropriate medical facility, including ambulance transportation between medical facilities. (10) "Communications system" means a radio and landline network which provides rapid public access, coordinated central dispatching of services, and coordination of person18.73.030 [Title 18 RCW—page 205] 18.73.040 Title 18 RCW: Businesses and Professions nel, equipment, and facilities in an emergency medical services and trauma care system. (11) "Prehospital patient care protocols" means the written procedure adopted by the emergency medical services medical program director which direct the out-of-hospital emergency care of the emergency patient which includes the trauma care patient. These procedures shall be based upon the assessment of the patient’s medical needs and what treatment will be provided for emergency conditions. The protocols shall meet or exceed statewide minimum standards developed by the department in rule as authorized in chapter 70.168 RCW. (12) "Patient care procedures" means written operating guidelines adopted by the regional emergency medical services and trauma care council, in consultation with the local emergency medical services and trauma care councils, emergency communication centers, and the emergency medical services medical program director, in accordance with statewide minimum standards. The patient care procedures shall identify the level of medical care personnel to be dispatched to an emergency scene, procedures for triage of patients, the level of trauma care facility to first receive the patient, and the name and location of other trauma care facilities to receive the patient should an interfacility transfer be necessary. Procedures on interfacility transfer of patients shall be consistent with the transfer procedures in chapter 70.170 RCW. (13) "Emergency medical services medical program director" means a person who is an approved medical program director as defined by RCW 18.71.205(4). (14) "Council" means the local or regional emergency medical services and trauma care council as authorized under chapter 70.168 RCW. (15) "Basic life support" means noninvasive emergency medical services requiring basic medical treatment skills as defined in chapter 18.73 RCW. (16) "Advanced life support" means invasive emergency medical services requiring advanced medical treatment skills as defined by chapter 18.71 RCW. (17) "First responder" means a person who is authorized by the secretary to render emergency medical care as defined by RCW 18.73.081. (18) "Stretcher" means a cart designed to serve as a litter for the transportation of a patient in a prone or supine position as is commonly used in the ambulance industry, such as wheeled stretchers, portable stretchers, stair chairs, solid backboards, scoop stretchers, basket stretchers, or flexible stretchers. The term does not include personal mobility aids that recline at an angle or remain at a flat position, that are owned or leased for a period of at least one week by the individual using the equipment or the individual’s guardian or representative, such as wheelchairs, personal gurneys, or banana carts. [2005 c 193 § 2; 2000 c 93 § 16; 1990 c 269 § 23; 1988 c 104 § 3; 1987 c 214 § 2; 1983 c 112 § 5; 1979 ex.s. c 261 § 1; 1973 1st ex.s. c 208 § 3.] Finding—2005 c 193: "The legislature finds that requiring all patients who need to travel in a prone or supine position but are medically stable, to be transported by ambulance can be overly restrictive to individuals with disabilities. These individuals frequently travel by means of reclining wheelchairs or devices commonly referred to as banana carts. Expanding travel options for these individuals will give them greater opportunities for mobility and reduce their costs of travel." [2005 c 193 § 1.] [Title 18 RCW—page 206] Severability—1990 c 269: See RCW 70.168.901. 18.73.040 Emergency medical services licensing and certification advisory committee. There is created an emergency medical services licensing and certification advisory committee of eleven members to be appointed by the department. Members of the committee shall be composed of a balance of physicians, one of whom is an emergency medical services medical program director, and individuals regulated under RCW 18.71.205 and 18.73.081, an administrator from a city or county emergency medical services system, a member of the emergency medical services and trauma care steering committee, and one consumer. All members except the consumer shall be knowledgeable in specific and general aspects of emergency medical services. Members shall be appointed for a period of three years. The terms of those members representing the same field shall not expire at the same time. The committee shall elect a chairman and a vice chairman whose terms of office shall be for one year each. The chairman shall be ineligible for reelection after serving four consecutive terms. The committee shall meet on call by the secretary or the chairman. All appointive members of the committee, in the performance of their duties, may be entitled to receive travel expenses as provided in RCW 43.03.050 and 43.03.060 as now existing or hereafter amended. [1990 c 269 § 6; 1984 c 279 § 55; 1981 c 338 § 13; 1979 ex.s. c 261 § 2; 1975-’76 2nd ex.s. c 34 § 43; 1973 1st ex.s. c 208 § 4.] 18.73.040 Severability—1990 c 269: See RCW 70.168.901. Severability—1984 c 279: See RCW 18.130.901. Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. 18.73.050 Committee—Duties—Review of rules. The emergency medical services licensing and certification advisory committee shall: (1) Review all administrative rules pertaining to licensing and certification of emergency medical services proposed for adoption by the department under this chapter or under RCW 18.71.205 and advise the department of its recommendations. (2) Assist the department, at the department’s request, to fulfill any duty or exercise any power under this chapter pertaining to emergency medical services licensing and certification. [1990 c 269 § 7; 1987 c 214 § 3; 1979 ex.s. c 261 § 3; 1973 1st ex.s. c 208 § 5.] 18.73.050 Severability—1990 c 269: See RCW 70.168.901. 18.73.081 Duties of secretary—Minimum requirements to be prescribed. In addition to other duties prescribed by law, the secretary shall: (1) Prescribe minimum requirements for: (a) Ambulance, air ambulance, and aid vehicles and equipment; (b) Ambulance and aid services; and (c) Minimum emergency communication equipment; (2) Adopt procedures for services that fail to perform in accordance with minimum requirements; 18.73.081 (2008 Ed.) Emergency Medical Care and Transportation Services (3) Prescribe minimum standards for first responder and emergency medical technician training including: (a) Adoption of curriculum and period of certification; (b) Procedures for certification, recertification, decertification, or modification of certificates; (c) Adoption of requirements for ongoing training and evaluation, as approved by the county medical program director, to include appropriate evaluation for individual knowledge and skills. The first responder, emergency medical technician, or emergency medical services provider agency may elect a program of continuing education and a written and practical examination instead of meeting the ongoing training and evaluation requirements; (d) Procedures for reciprocity with other states or national certifying agencies; (e) Review and approval or disapproval of training programs; and (f) Adoption of standards for numbers and qualifications of instructional personnel required for first responder and emergency medical technician training programs; (4) Prescribe minimum requirements for liability insurance to be carried by licensed services except that this requirement shall not apply to public bodies; and (5) Certify emergency medical program directors. [1993 c 254 § 1; 1990 c 269 § 24; 1988 c 111 § 1; 1987 c 214 § 7.] Severability—1990 c 269: See RCW 70.168.901. 18.73.101 Variance from requirements. The secretary may grant a variance from a provision of this chapter and RCW 18.71.200 through 18.71.220 if no detriment to health and safety would result from the variance and compliance is expected to cause reduction or loss of existing emergency medical services. Variances may be granted for a period of no more than one year. A variance may be renewed by the secretary upon approval of the committee. [2000 c 93 § 17; 1987 c 214 § 9.] 18.73.101 18.73.150 (4) Operators of vehicles pressed into service for transportation of patients in emergencies when licensed ambulances are not available or cannot meet overwhelming demand. The license shall be valid for a period of two years and shall be renewed on request provided the holder has consistently complied with the regulations of the department and the department of licensing and provided also that the needs of the area served have been met satisfactorily. The license shall not be transferable and may be revoked if the service is found in violation of rules adopted by the department. [2000 c 93 § 18; 1992 c 128 § 2; 1990 c 269 § 25; 1987 c 214 § 10; 1979 ex.s. c 261 § 13; 1979 c 158 § 61; 1973 1st ex.s. c 208 § 13.] Severability—1990 c 269: See RCW 70.168.901. Effective date—1973 1st ex.s. c 208: See RCW 18.73.910. 18.73.140 Ambulance and aid vehicles—Licenses. The secretary shall issue an ambulance or aid vehicle license for each vehicle so designated. The license shall be for a period of two years and may be reissued on expiration if the vehicle and its equipment meet requirements in force at the time of expiration of the license period. The license may be revoked if the ambulance or aid vehicle is found to be operating in violation of the regulations promulgated by the department or without required equipment. The license shall be terminated automatically if the vehicle is sold or transferred to the control of any organization not currently licensed as an ambulance or aid vehicle service. The license number shall be prominently displayed on each vehicle. [2000 c 93 § 19; 1992 c 128 § 3; 1987 c 214 § 11; 1979 ex.s. c 261 § 14; 1973 1st ex.s. c 208 § 14.] 18.73.140 Effective date—1973 1st ex.s. c 208: See RCW 18.73.910. 18.73.120 Certificate of advanced first aid qualification. The secretary shall recognize a current certificate of advanced first aid qualification for those who provide proof of advanced Red Cross training or its equivalent. [1979 ex.s. c 261 § 12; 1973 1st ex.s. c 208 § 12.] 18.73.145 Ambulance and aid vehicles—Self-inspection program. The secretary shall adopt a self-inspection program to assure compliance with minimum standards for vehicles and for medical equipment and personnel on all licensed vehicles. The self-inspection shall coincide with the vehicle licensing cycle and shall be recorded on forms provided by the department. The department may perform an onsite inspection of any licensed service or vehicles as needed. [1987 c 214 § 13.] 18.73.130 Ambulance services and aid services— Licensing. An ambulance service or aid service may not operate in the state of Washington without holding a license for such operation, issued by the secretary when such operation is consistent with the statewide and regional emergency medical services and trauma care plans established pursuant to chapter 70.168 RCW, indicating the general area to be served and the number of vehicles to be used, with the following exceptions: (1) The United States government; (2) Ambulance services providing service in other states when bringing patients into this state; (3) Owners of businesses in which ambulance or aid vehicles are used exclusively on company property but occasionally in emergencies may transport patients to hospitals not on company property; and 18.73.150 Ambulance personnel requirements. Any ambulance operated as such shall operate with sufficient personnel for adequate patient care, at least one of whom shall be an emergency medical technician under standards promulgated by the secretary. The emergency medical technician shall have responsibility for its operation and for the care of patients both before they are placed aboard the vehicle and during transit. If there are two or more emergency medical technicians operating the ambulance, a nondriving medical technician shall be in command of the vehicle. The emergency medical technician in command of the vehicle shall be in the patient compartment and in attendance to the patient. The driver of the ambulance shall have at least a certificate of advance first aid qualification recognized by the secretary pursuant to RCW 18.73.120 unless there are at least two certified emergency medical technicians in attendance of 18.73.120 18.73.130 (2008 Ed.) 18.73.145 18.73.150 [Title 18 RCW—page 207] 18.73.170 Title 18 RCW: Businesses and Professions the patient, in which case the driver shall not be required to have such certificate. [1992 c 128 § 4; 1979 ex.s. c 261 § 15; 1973 1st ex.s. c 208 § 15.] Effective date—1973 1st ex.s. c 208: See RCW 18.73.910. 18.73.170 Aid vehicles—Personnel—Use. The aid vehicle shall be operated in accordance with standards promulgated by the secretary, by at least one person holding a certificate recognized under RCW 18.73.120. The aid vehicle may be used for transportation of patients only when it is impossible or impractical to obtain an ambulance or when a wait for arrival of an ambulance would place the life of the patient in jeopardy. If so used, the vehicle shall be under the command of a person holding a certificate recognized pursuant to RCW 18.73.081 other than the driver. [1987 c 214 § 12; 1979 ex.s. c 261 § 17; 1973 1st ex.s. c 208 § 17.] 18.73.170 Effective date—1973 1st ex.s. c 208: See RCW 18.73.910. 18.73.180 Other transportation vehicles. Other vehicles not herein defined by this chapter shall not be used for transportation of patients who must be carried on a stretcher or who may require medical attention en route, except that such transportation may be used when: (1) A disaster creates a situation that cannot be served by licensed ambulances; or (2) The use of a stretcher is necessary because an individual’s personal mobility aid cannot be adequately secured in the nonambulance vehicle and the individual has written authorization from his or her physician that it is safe to transfer the individual from a personal mobility aid to a stretcher. [2007 c 305 § 1; 1987 c 214 § 14; 1979 ex.s. c 261 § 18; 1973 1st ex.s. c 208 § 18.] 18.73.180 Effective date—1973 1st ex.s. c 208: See RCW 18.73.910. 18.73.190 Violations—Penalties. Any person who violates any of the provisions of this chapter and for which a penalty is not provided shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in any sum not exceeding one hundred dollars for each day of the violation, or may be imprisoned in the county jail not exceeding six months. [1987 c 214 § 15; 1973 1st ex.s. c 208 § 19.] 18.73.190 Effective date—1973 1st ex.s. c 208: See RCW 18.73.910. 18.73.200 Administrative procedure act applicable. The administrative procedure act, chapter 34.05 RCW, shall wherever applicable govern the rights, remedies, and procedures respecting the administration of this chapter. [1973 1st ex.s. c 208 § 21.] 18.73.200 18.73.240 Application of uniform disciplinary act. The uniform disciplinary act, chapter 18.130 RCW, shall govern the issuance and denial of credentials, unauthorized practice, and the discipline of persons credentialed under this chapter. The secretary shall act as the disciplinary authority under this chapter. Disciplinary action shall be initiated against a person credentialed under this chapter in a manner consistent with the responsibilities and duties of the medical program director under whom such person is responsible. [1992 c 128 § 5.] 18.73.240 [Title 18 RCW—page 208] 18.73.250 Epinephrine—Availability—Administration. (1) All of the state’s ambulance and aid services shall make epinephrine available to their emergency medical technicians in their emergency care supplies. The emergency medical technician may administer epinephrine. (2) Nothing in this section authorizes the administration of epinephrine by a first responder. [2005 c 463 § 1; 2001 c 24 § 1; 1999 c 337 § 4.] 18.73.250 Findings—Purpose—1999 c 337: "The legislature finds that allergies are a serious medical disorder that affect more than one in five persons in the United States and are the sixth leading cause of chronic disease. Anaphylaxis is the most severe form of allergic reaction. Rapid and appropriate administration of the drug epinephrine to a patient suffering an anaphylaxis allergic reaction may make the difference between the life and death of that patient. The legislature further finds that some situations may arise when the administration of epinephrine by an emergency medical technician is required to save a person’s life and that it is paramount that these valuable emergency response personnel receive the appropriate training on the use of epinephrine to treat anaphylaxis. It is the purpose of chapter 337, Laws of 1999 to investigate the rate of anaphylaxis statewide and the training and care standards needed to allow emergency medical technicians to administer life saving epinephrine." [1999 c 337 § 1.] Effective dates—1999 c 337: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 14, 1999], except for section 4 of this act which takes effect January 1, 2000." [1999 c 337 § 5.] Short title—1999 c 337: "This act may be known and cited as the Kristine Kastner Act." [1999 c 337 § 6.] 18.73.260 Guidelines. (1) The department of health shall convene a stakeholder group including the department of social and health services, the department of transportation, and local special needs transportation providers who shall assist in the development of guidelines for the safe transport of individuals who rely on stretchers and personal mobility devices. (2) The department of health shall prepare guidelines for the public and vehicle operators relating to: (a) Appropriate situations in which vehicles other than ambulances may be used to transport individuals who rely upon personal mobility aids in the normal course of their lives; and (b) Methods for properly securing personal mobility aids on vehicles other than ambulances and determining if they are adequately secured. [2007 c 305 § 2.] 18.73.260 18.73.900 Severability—1973 1st ex.s. c 208. If any provision of this 1973 act, or the application thereof to any person or circumstance is held invalid, this invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable. [1973 1st ex.s. c 208 § 20.] 18.73.900 18.73.901 Severability—1987 c 214. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1987 c 214 § 26.] 18.73.901 18.73.910 Effective dates—1973 1st ex.s. c 208. The provisions of sections 1 through 8, inclusive, 11, 12, 20, 21, 18.73.910 (2008 Ed.) Physical Therapy 22, and 23 of this 1973 act shall take effect on July 1, 1973. The provisions of sections 9, 10, and 13 through 19, inclusive, shall take effect on January 1, 1976. [1973 1st ex.s. c 208 § 22.] Chapter 18.74 Chapter 18.74 RCW PHYSICAL THERAPY Sections 18.74.003 18.74.005 18.74.010 18.74.012 18.74.015 18.74.020 18.74.023 18.74.025 18.74.027 18.74.029 18.74.030 18.74.035 18.74.038 18.74.040 18.74.050 18.74.060 18.74.065 18.74.070 18.74.073 18.74.075 18.74.085 18.74.090 18.74.095 18.74.120 18.74.125 18.74.128 18.74.130 18.74.135 18.74.140 18.74.150 18.74.160 18.74.170 18.74.180 18.74.900 18.74.910 18.74.911 18.74.912 Regulation of health care professions—Criteria. Purpose of chapter. Definitions. Consultation with health care practitioner not required for certain treatments. Referral to health care practitioners—When required. Board created—Members—Staff assistance—Compensation and travel expenses. Board—Powers and duties. Standards for appropriateness of physical therapy care—Violation. Board—Officers—Meetings—Quorum. Application of Uniform Disciplinary Act. Qualifications of applicants. Examinations—Scope—Time and place. Physical therapist assistants—Waiver of examination. Licenses. Licenses—Fees. Licensure by endorsement. Licenses—Issuance to persons licensed or registered before July 24, 1983. Renewal of license. Licenses—Inactive status—Fees. Interim permits. Advertising of spinal manipulation or mobilization prohibited. False advertising—Use of name and words—License required—Prosecutions of violations. False advertising—Injunctions. Record of proceedings—Register. Construction of chapter—Activities not prohibited—Use of letters or words in connection with name. Construction of chapter—Health carrier contracts with physical therapist assistants. Exemptions. Insurance coverage and benefits not required or regulated. Practice setting not restricted. Unlawful activities—Persons exempt from licensure under chapter. Authorization to practice—Referral to appropriate practitioner—Standards of ethics—Electroneuromyographic examinations—Authorization to purchase, store, and administer certain drugs or medication. Delegation. Professional and legal responsibility—Supervision of assistive personnel. Severability—1949 c 239. Severability—1961 c 64. Severability—1983 c 116. Effective dates—2007 c 98. Health professions account—Fees credited—Requirements for biennial budget request—Unappropriated funds: RCW 43.70.320. Lien of doctors: Chapter 60.44 RCW. 18.74.003 Regulation of health care professions— Criteria. See chapter 18.120 RCW. 18.74.003 18.74.005 Purpose of chapter. The purpose of this chapter is to protect the public health, safety, and welfare, and to provide for state administrative control, supervision, licensure, and regulation of the practice of physical therapy. It is the intent of the legislature that only individuals who meet and maintain prescribed standards of competence and conduct be allowed to engage in the practice of physical ther18.74.005 (2008 Ed.) 18.74.010 apy as defined and authorized by this chapter. [2005 c 501 § 1; 1983 c 116 § 1.] 18.74.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Board" means the board of physical therapy created by RCW 18.74.020. (2) "Department" means the department of health. (3) "Physical therapy" means the care and services provided by or under the direction and supervision of a physical therapist licensed by the state. The use of Roentgen rays and radium for diagnostic and therapeutic purposes, the use of electricity for surgical purposes, including cauterization, and the use of spinal manipulation, or manipulative mobilization of the spine and its immediate articulations, are not included under the term "physical therapy" as used in this chapter. (4) "Physical therapist" means a person who meets all the requirements of this chapter and is licensed in this state to practice physical therapy. (5) "Secretary" means the secretary of health. (6) Words importing the masculine gender may be applied to females. (7) "Authorized health care practitioner" means and includes licensed physicians, osteopathic physicians, chiropractors, naturopaths, podiatric physicians and surgeons, dentists, and advanced registered nurse practitioners: PROVIDED, HOWEVER, That nothing herein shall be construed as altering the scope of practice of such practitioners as defined in their respective licensure laws. (8) "Practice of physical therapy" is based on movement science and means: (a) Examining, evaluating, and testing individuals with mechanical, physiological, and developmental impairments, functional limitations in movement, and disability or other health and movement-related conditions in order to determine a diagnosis, prognosis, plan of therapeutic intervention, and to assess and document the ongoing effects of intervention; (b) Alleviating impairments and functional limitations in movement by designing, implementing, and modifying therapeutic interventions that include therapeutic exercise; functional training related to balance, posture, and movement to facilitate self-care and reintegration into home, community, or work; manual therapy including soft tissue and joint mobilization and manipulation; therapeutic massage; assistive, adaptive, protective, and devices related to postural control and mobility except as restricted by (c) of this subsection; airway clearance techniques; physical agents or modalities; mechanical and electrotherapeutic modalities; and patientrelated instruction; (c) Training for, and the evaluation of, the function of a patient wearing an orthosis or prosthesis as defined in RCW 18.200.010. Physical therapists may provide those directformed and prefabricated upper limb, knee, and ankle-foot orthoses, but not fracture orthoses except those for hand, wrist, ankle, and foot fractures, and assistive technology devices specified in RCW 18.200.010 as exemptions from the defined scope of licensed orthotic and prosthetic services. It is the intent of the legislature that the unregulated devices specified in RCW 18.200.010 are in the public domain to the 18.74.010 [Title 18 RCW—page 209] 18.74.012 Title 18 RCW: Businesses and Professions extent that they may be provided in common with individuals or other health providers, whether unregulated or regulated under Title 18 RCW, without regard to any scope of practice; (d) Performing wound care services that are limited to sharp debridement, debridement with other agents, dry dressings, wet dressings, topical agents including enzymes, hydrotherapy, electrical stimulation, ultrasound, and other similar treatments. Physical therapists may not delegate sharp debridement. A physical therapist may perform wound care services only by referral from or after consultation with an authorized health care practitioner; (e) Reducing the risk of injury, impairment, functional limitation, and disability related to movement, including the promotion and maintenance of fitness, health, and quality of life in all age populations; and (f) Engaging in administration, consultation, education, and research. (9)(a) "Physical therapist assistant" means a person who meets all the requirements of this chapter and is licensed as a physical therapist assistant and who performs physical therapy procedures and related tasks that have been selected and delegated only by the supervising physical therapist. However, a physical therapist may not delegate sharp debridement to a physical therapist assistant. (b) "Physical therapy aide" means a person who is involved in direct physical therapy patient care who does not meet the definition of a physical therapist or physical therapist assistant and receives ongoing on-the-job training. (c) "Other assistive personnel" means other trained or educated health care personnel, not defined in (a) or (b) of this subsection, who perform specific designated tasks related to physical therapy under the supervision of a physical therapist, including but not limited to licensed massage practitioners, athletic trainers, and exercise physiologists. At the direction of the supervising physical therapist, and if properly credentialed and not prohibited by any other law, other assistive personnel may be identified by the title specific to their training or education. (10) "Direct supervision" means the supervising physical therapist must (a) be continuously on-site and present in the department or facility where assistive personnel or holders of interim permits are performing services; (b) be immediately available to assist the person being supervised in the services being performed; and (c) maintain continued involvement in appropriate aspects of each treatment session in which a component of treatment is delegated to assistive personnel. (11) "Indirect supervision" means the supervisor is not on the premises, but has given either written or oral instructions for treatment of the patient and the patient has been examined by the physical therapist at such time as acceptable health care practice requires and consistent with the particular delegated health care task. (12) "Sharp debridement" means the removal of devitalized tissue from a wound with scissors, scalpel, and tweezers without anesthesia. "Sharp debridement" does not mean surgical debridement. A physical therapist may perform sharp debridement, to include the use of a scalpel, only upon showing evidence of adequate education and training as established by rule. Until the rules are established, but no later than July 1, 2006, physical therapists licensed under this chapter who perform sharp debridement as of July 24, 2005, [Title 18 RCW—page 210] shall submit to the secretary an affidavit that includes evidence of adequate education and training in sharp debridement, including the use of a scalpel. [2007 c 98 § 1; 2005 c 501 § 2; 1997 c 275 § 8; 1991 c 12 § 1; (1991 c 3 §§ 172, 173 repealed by 1991 sp.s. c 11 § 2); (1990 c 297 § 17 repealed by 1991 c 12 § 6); 1988 c 185 § 1; 1983 c 116 § 2; 1961 c 64 § 1; 1949 c 239 § 1; Rem. Supp. 1949 § 10163-1.] Effective dates—1991 c 12 §§ 1, 2, 3, 6: "(1) Sections 1, 2, and 6 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 30, 1991. (2) Section 3 of this act shall take effect January 1, 1992." [1991 c 12 § 7.] Number and gender: RCW 1.12.050. 18.74.012 Consultation with health care practitioner not required for certain treatments. A consultation and periodic review by an authorized health care practitioner is not required for treatment of neuromuscular or musculoskeletal conditions. [2005 c 501 § 3; 2000 c 171 § 24; 1991 c 12 § 2; 1990 c 297 § 19; 1988 c 185 § 2.] 18.74.012 Effective dates—1991 c 12 §§ 1, 2, 3, 6: See note following RCW 18.74.010. 18.74.015 Referral to health care practitioners— When required. (1) Physical therapists shall refer persons under their care to authorized health care practitioners if they have reasonable cause to believe symptoms or conditions are present which require services beyond the scope of their practice or for which physical therapy is contraindicated. (2) A violation of this section is unprofessional conduct under this chapter and chapter 18.130 RCW. [1988 c 185 § 3.] 18.74.015 18.74.020 Board created—Members—Staff assistance—Compensation and travel expenses. (Effective until December 1, 2008.) The state board of physical therapy is hereby created. The board shall consist of five members who shall be appointed by the governor. Of the initial appointments, two shall be appointed for a term of two years, two for a term of three years, and one for a term of four years. Thereafter, all appointments shall be for terms of four years. Four members of the board shall be physical therapists licensed under this chapter and residing in this state, shall have not less than five years’ experience in the practice of physical therapy, and shall be actively engaged in practice within two years of appointment. The fifth member shall be appointed from the public at large, shall have an interest in the rights of consumers of health services, and shall not be or have been a member of any other licensing board, a licensee of any health occupation board, an employee of any health facility nor derive his or her primary livelihood from the provision of health services at any level of responsibility. In the event that a member of the board for any reason cannot complete his or her term of office, another appointment shall be made by the governor in accordance with the procedure stated above to fill the remainder of the term. No member may serve for more than two successive four-year terms. The secretary of health shall furnish such secretarial, clerical and other assistance as the board may require. Each member of the board shall, in addition to travel expenses in 18.74.020 (2008 Ed.) Physical Therapy accordance with RCW 43.03.050 and 43.03.060, be compensated in accordance with RCW 43.03.240. [1991 c 3 § 174; 1984 c 287 § 46; 1983 c 116 § 3; 1979 c 158 § 62; 1975-’76 2nd ex.s. c 34 § 44; 1949 c 239 § 2; Rem. Supp. 1949 § 10163-2.] Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. Severability—Effective date—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. Secretary of health or designee ex officio member of health professional licensure and disciplinary boards: RCW 43.70.300. 18.74.020 Board created—Members—Staff assistance—Compensation and travel expenses. (Effective December 1, 2008.) The state board of physical therapy is hereby created. The board shall consist of six members who shall be appointed by the governor. Of the initial appointments, two shall be appointed for a term of two years, two for a term of three years, and one for a term of four years. Thereafter, all appointments shall be for terms of four years. Four members of the board shall be physical therapists licensed under this chapter and residing in this state, shall have not less than five years’ experience in the practice of physical therapy, and shall be actively engaged in practice within two years of appointment. One member shall be a physical therapist assistant licensed under this chapter and residing in this state, shall not have less than five years’ experience in the practice of physical therapy, and shall be actively engaged in practice within two years of appointment. The sixth member shall be appointed from the public at large, shall have an interest in the rights of consumers of health services, and shall not be or have been a member of any other licensing board, a licensee of any health occupation board, an employee of any health facility nor derive his or her primary livelihood from the provision of health services at any level of responsibility. In the event that a member of the board for any reason cannot complete his or her term of office, another appointment shall be made by the governor in accordance with the procedure stated in this section to fill the remainder of the term. No member may serve for more than two successive four-year terms. The secretary of health shall furnish such secretarial, clerical, and other assistance as the board may require. Each member of the board shall, in addition to travel expenses in accordance with RCW 43.03.050 and 43.03.060, be compensated in accordance with RCW 43.03.240. [2007 c 98 § 2; 1991 c 3 § 174; 1984 c 287 § 46; 1983 c 116 § 3; 1979 c 158 § 62; 1975-’76 2nd ex.s. c 34 § 44; 1949 c 239 § 2; Rem. Supp. 1949 § 10163-2.] 18.74.020 Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. Severability—Effective date—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. Secretary of health or designee ex officio member of health professional licensure and disciplinary boards: RCW 43.70.300. 18.74.023 Board—Powers and duties. The board has the following powers and duties: (1) To develop and administer, or approve, or both, examinations to applicants for a license under this chapter. 18.74.030 (2) To pass upon the qualifications of applicants for a license and to certify to the secretary duly qualified applicants. (3) To make such rules not inconsistent with the laws of this state as may be deemed necessary or proper to carry out the purposes of this chapter. (4) To establish and administer requirements for continuing competency, which shall be a prerequisite to renewing a license under this chapter. (5) To keep an official record of all its proceedings, which record shall be evidence of all proceedings of the board which are set forth therein. (6) To adopt rules not inconsistent with the laws of this state, when it deems appropriate, in response to questions put to it by professional health associations, physical therapists, and consumers in this state concerning the authority of physical therapists to perform particular acts. (7) To adopt rules to define and specify the education and training requirements for physical therapist assistants and physical therapy aides. [1995 c 299 § 1; 1995 c 198 § 9. Prior: 1991 c 12 § 3; 1991 c 3 § 175; 1986 c 259 § 124; 1983 c 116 § 4.] Reviser’s note: This section was amended by 1995 c 198 § 9 and by 1995 c 299 § 1, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Effective dates—1991 c 12 §§ 1, 2, 3, 6: See note following RCW 18.74.010. Severability—1986 c 259: See note following RCW 18.130.010. 18.74.025 Standards for appropriateness of physical therapy care—Violation. Pursuant to the board’s power in RCW 18.74.023(3), the board is directed to adopt rules relating to standards for appropriateness of physical therapy care. Violation of the standards adopted by rule under this section is unprofessional conduct under this chapter and chapter 18.130 RCW. [1991 c 12 § 5.] 18.74.025 18.74.027 Board—Officers—Meetings—Quorum. The board shall elect from its members a chairperson and vice chairperson-secretary, who shall serve for one year and until their successors are elected. The board shall meet at least once a year and upon the call of the chairperson at such times and places as the chairperson designates. Three members constitute a quorum of the full board for the transaction of any business. Meetings of the board shall be open and public, except the board may hold executive sessions to the extent permitted by chapter 42.30 RCW. [1983 c 116 § 5.] 18.74.027 18.74.029 Application of Uniform Disciplinary Act. The Uniform Disciplinary Act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses and interim permits, and the discipline of licensees and holders of interim permits under this chapter. [1993 c 133 § 2; 1987 c 150 § 47; 1986 c 259 § 123.] 18.74.029 Severability—1987 c 150: See RCW 18.122.901. Severability—1986 c 259: See note following RCW 18.130.010. 18.74.023 (2008 Ed.) 18.74.030 Qualifications of applicants. (1) An applicant for a license as a physical therapist shall have the following minimum qualifications: 18.74.030 [Title 18 RCW—page 211] 18.74.035 Title 18 RCW: Businesses and Professions (a) Be of good moral character; and (b) Have obtained either (i) a baccalaureate degree in physical therapy from an institution of higher learning approved by the board or (ii) a baccalaureate degree from an institution of higher learning and a certificate or advanced degree from a school of physical therapy approved by the board. (2) An applicant for a license as a physical therapist assistant must have the following minimum qualifications: (a) Be of good moral character; and (b) Have successfully completed a board-approved physical therapist assistant program. (3) The applicant shall present proof of qualification to the board in the manner and on the forms prescribed by the board. [2007 c 98 § 3; 1983 c 116 § 6; 1961 c 64 § 2; 1949 c 239 § 3; Rem. Supp. 1949 § 10163-3.] cal therapist assistant. [2007 c 98 § 5; 1991 c 3 § 177; 1983 c 116 § 8; 1949 c 239 § 4; Rem. Supp. 1949 § 10163-4.] 18.74.050 Licenses—Fees. The secretary shall furnish a license upon the authority of the board to any person who applies and who has qualified under the provisions of this chapter. At the time of applying, the applicant shall comply with administrative procedures, administrative requirements, and fees established pursuant to RCW 43.70.250 and 43.70.280. No person registered or licensed on July 24, 1983, as a physical therapist shall be required to pay an additional fee for a license under this chapter. [1996 c 191 § 59; 1991 c 3 § 178; 1985 c 7 § 63; 1983 c 116 § 9; 1975 1st ex.s. c 30 § 65; 1961 c 64 § 4; 1949 c 239 § 5; Rem. Supp. 1949 § 10163-5.] 18.74.050 18.74.060 Licensure by endorsement. Upon the recommendation of the board, the secretary shall license as a physical therapist or physical therapist assistant and shall furnish a license to any person who is a physical therapist or physical therapist assistant registered, certified, or licensed under the laws of another state or territory, or the District of Columbia, if the qualifications for such registration, certification, or license required of the applicant were substantially equal to the requirements under this chapter. At the time of making application, the applicant shall comply with administrative procedures, administrative requirements, and fees established pursuant to RCW 43.70.250 and 43.70.280. [2007 c 98 § 6; 1996 c 191 § 60; 1991 c 3 § 179; 1985 c 7 § 64; 1983 c 116 § 10; 1975 1st ex.s. c 30 § 66; 1961 c 64 § 5; 1949 c 239 § 6; Rem. Supp. 1949 § 10163-6.] 18.74.060 18.74.035 Examinations—Scope—Time and place. (1) All qualified applicants for a license as a physical therapist shall be examined by the board at such time and place as the board may determine. The board may approve an examination prepared or administered by a private testing agency or association of licensing authorities. The examination shall embrace the following subjects: The applied sciences of anatomy, neuroanatomy, kinesiology, physiology, pathology, psychology, physics; physical therapy, as defined in this chapter, applied to medicine, neurology, orthopedics, pediatrics, psychiatry, surgery; medical ethics; technical procedures in the practice of physical therapy as defined in this chapter; and such other subjects as the board may deem useful to test the applicant’s fitness to practice physical therapy, but not including the adjustment or manipulation of the spine or use of a thrusting force as mobilization. Examinations shall be held within the state at least once a year, at such time and place as the board shall determine. An applicant who fails an examination may apply for reexamination upon payment of a reexamination fee determined by the secretary. (2) All qualified applicants for a license as a physical therapist assistant must be examined by the board at such a time and place as the board may determine. The board may approve an examination prepared or administered by a private testing agency or association of licensing authorities. [2007 c 98 § 4; 1995 c 198 § 10; 1991 c 3 § 176; 1983 c 116 § 7; 1961 c 64 § 3.] 18.74.035 18.74.038 Physical therapist assistants—Waiver of examination. The board shall waive the examination and grant a license to a person who meets the commonly accepted standards for practicing as a physical therapist assistant, as adopted by rule. Persons eligible for licensure as a physical therapist assistant under this section must apply for a license within one year of July 1, 2008. [2007 c 98 § 7.] 18.74.038 18.74.040 Licenses. (1) The secretary shall license as a physical therapist, and shall furnish a license to, each applicant who successfully passes the examination for licensure as a physical therapist. (2) The secretary shall license as a physical therapist assistant, and shall furnish a license to, each applicant who successfully passes the examination for licensure as a physi18.74.040 [Title 18 RCW—page 212] 18.74.065 Licenses—Issuance to persons licensed or registered before July 24, 1983. Any person holding a valid license or certificate of registration to practice physical therapy issued by authority of this state prior to July 24, 1983, shall be issued a license under this chapter. [1983 c 116 § 11.] 18.74.065 18.74.070 Renewal of license. Every licensed physical therapist and physical therapist assistant shall apply to the secretary for a renewal of the license and pay to the state treasurer a fee determined by the secretary as provided in RCW 43.70.250 and 43.70.280. [2007 c 98 § 8; 1996 c 191 § 61; 1991 c 3 § 180; 1983 c 116 § 12; 1975 1st ex.s. c 30 § 67; 1971 ex.s. c 266 § 13; 1961 c 64 § 6; 1949 c 239 § 7; Rem. Supp. 1949 § 10163-7.] 18.74.070 18.74.073 Licenses—Inactive status—Fees. Any physical therapist or physical therapist assistant licensed under this chapter not practicing physical therapy or providing services may place his or her license in an inactive status. The board shall prescribe requirements for maintaining an inactive status and converting from an inactive or active status. The secretary may establish fees for alterations in license status. [2007 c 98 § 9; 1998 c 143 § 1.] 18.74.073 18.74.075 Interim permits. (1) The department, upon approval by the board, shall issue an interim permit authorizing an applicant for licensure who meets the minimum 18.74.075 (2008 Ed.) Physical Therapy qualifications stated in RCW 18.74.030 to practice physical therapy under graduate supervision pending notification of the results of the first licensure examination for which the applicant is eligible, but not to exceed six months. (2) For purposes of this section, "graduate supervision" means supervision of a holder of an interim permit by a licensed physical therapist who is on the premises at all times. Graduate supervision shall include consultation regarding evaluation, treatment plan, treatment program, and progress of each assigned patient at appropriate intervals and be documented by cosignature of notes by the licensed physical therapist. RCW 18.74.012 is not applicable for holders of interim permits. (3) If the holder of the interim permit fails the examination, the permit expires upon notification and is not renewable. [1993 c 133 § 1.] 18.74.085 Advertising of spinal manipulation or mobilization prohibited. (1) Physical therapists shall not advertise that they perform spinal manipulation or manipulative mobilization of the spine. (2) A violation of this section is unprofessional conduct under this chapter and chapter 18.130 RCW. [1988 c 185 § 4.] 18.74.085 18.74.090 False advertising—Use of name and words—License required—Prosecutions of violations. (1) A person who is not licensed with the secretary of health as a physical therapist under the requirements of this chapter shall not represent him or herself as being so licensed and shall not use in connection with his or her name the words or letters "P.T.", "R.P.T.", "L.P.T.", "physical therapy", "physiotherapy", "physical therapist" or "physiotherapist", or any other letters, words, signs, numbers, or insignia indicating or implying that he or she is a physical therapist. No person may practice physical therapy without first having a valid license. Nothing in this chapter prohibits any person licensed in this state under any other act from engaging in the practice for which he or she is licensed. It shall be the duty of the prosecuting attorney of each county to prosecute all cases involving a violation of this chapter arising within his or her county. The attorney general may assist in such prosecution and shall appear at all hearings when requested to do so by the board. (2) No person assisting in the practice of physical therapy may use the title "physical therapist assistant," the letters "PTA," or any other words, abbreviations, or insignia in connection with his or her name to indicate or imply, directly or indirectly, that he or she is a physical therapist assistant without being licensed in accordance with this chapter as a physical therapist assistant. [2007 c 98 § 10; 1991 c 3 § 181; 1987 c 150 § 48; 1986 c 259 § 125; 1983 c 116 § 18; 1961 c 64 § 8; 1949 c 239 § 9; Rem. Supp. 1949 § 10163-9.] 18.74.090 Severability—1987 c 150: See RCW 18.122.901. Severability—1986 c 259: See note following RCW 18.130.010. False advertising: Chapter 9.04 RCW. 18.74.095 False advertising—Injunctions. If any person violates the provisions of this chapter, the attorney general, prosecuting attorney, the secretary, the board, or any cit18.74.095 (2008 Ed.) 18.74.130 izen of the same county, may maintain an action in the name of the state to enjoin such person from practicing or holding himself or herself out as practicing physical therapy. The injunction shall not relieve criminal prosecution but the remedy by injunction shall be in addition to the liability of such offender for criminal prosecution and the suspension or revocation of his or her license. [1991 c 3 § 182; 1983 c 116 § 19; 1961 c 64 § 9.] 18.74.120 Record of proceedings—Register. The secretary of health shall keep a record of proceedings under this chapter and a register of all persons licensed under it. The register shall show the name of every living licensed physical therapist and physical therapist assistant, his or her last known place of residence, and the date and number of his or her license as a physical therapist or physical therapist assistant. [2007 c 98 § 11; 1991 c 3 § 183; 1983 c 116 § 21; 1979 c 158 § 63; 1977 c 75 § 11; 1949 c 239 § 12; Rem. Supp. 1949 § 10163-12.] 18.74.120 18.74.125 Construction of chapter—Activities not prohibited—Use of letters or words in connection with name. Nothing in this chapter shall prohibit any person licensed in this state under any other act from engaging in the practice for which he is licensed. Nothing in this chapter shall prohibit any person who, at any time prior to January 1, 1961 was practicing any healing or manipulative art in the state of Washington and designating the same as physical therapy or physiotherapy, from continuing to do so after the passage of this amendatory act: PROVIDED, That no such person shall represent himself as being registered and shall not use in connection with his name the words or letters "registered" or "licensed" or "R.P.T." [1961 c 64 § 10.] 18.74.125 Reviser’s note: The language "after the passage of this amendatory act" refers to chapter 64, Laws of 1961 which passed the House March 1, 1961, passed the Senate February 27, 1961, approved by the governor March 6, 1961, and became effective at midnight June 7, 1961. 18.74.128 Construction of chapter—Health carrier contracts with physical therapist assistants. Nothing in this chapter may be construed to require that a health carrier defined in RCW 48.43.005 contract with a person licensed as a physical therapist assistant under this chapter. [2007 c 98 § 17.] 18.74.128 18.74.130 Exemptions. This chapter does not prohibit or regulate: (1) The practice of physical therapy by students enrolled in approved schools as may be incidental to their course of study so long as such activities do not go beyond the scope of practice defined by this chapter. (2) Auxiliary services provided by physical therapy aides carrying out duties necessary for the support of physical therapy including those duties which involve minor physical therapy services when performed under the direct supervision of licensed physical therapists so long as such activities do not go beyond the scope of practice defined by this chapter. (3) The practice of physical therapy by licensed or registered physical therapists of other states or countries while appearing as clinicians of bona fide educational seminars sponsored by physical therapy, medical, or other healing art 18.74.130 [Title 18 RCW—page 213] 18.74.135 Title 18 RCW: Businesses and Professions professional associations so long as such activities do not go beyond the scope of practice defined by this chapter. (4) The practice of physical therapists and physical therapist assistants in the armed services or employed by any other branch of the federal government. [2007 c 98 § 12; 1983 c 116 § 22.] 18.74.135 18.74.135 Insurance coverage and benefits not required or regulated. This chapter shall not be construed to restrict the ability of any insurance entity regulated by Title 48 RCW, or any state agency or program from limiting or controlling the utilization of physical therapy services by the use of any type of gatekeeper function; nor shall it be construed to require or prohibit that individual or group policies or contracts of an insurance carrier, health care service contractor, or health maintenance organization provide benefits or coverage for services and supplies provided by a person licensed under this chapter. For the purpose of this chapter, "gatekeeper function" means any provision in a contract which establishes a threshold requirement, such as a recommendation from a case manager or a primary care provider, which must be satisfied before a covered person is eligible to receive benefits under the contract. [1988 c 185 § 5.] 18.74.140 18.74.140 Practice setting not restricted. Nothing in this chapter restricts the ability of physical therapists to work in the practice setting of their choice. [1991 c 12 § 4.] 18.74.150 18.74.150 Unlawful activities—Persons exempt from licensure under chapter. (1) It is unlawful for any person to practice or in any manner hold himself or herself out to practice physical therapy or designate himself or herself as a physical therapist or physical therapist assistant, unless he or she is licensed in accordance with this chapter. (2) This chapter does not restrict persons licensed under any other law of this state from engaging in the profession or practice for which they are licensed, if they are not representing themselves to be physical therapists, physical therapist assistants, or providers of physical therapy. (3) The following persons are exempt from licensure as physical therapists under this chapter when engaged in the following activities: (a) A person who is pursuing a course of study leading to a degree as a physical therapist in an approved professional education program and is satisfying supervised clinical education requirements related to his or her physical therapy education while under direct supervision of a licensed physical therapist; (b) A physical therapist while practicing in the United States armed services, United States public health service, or veterans administration as based on requirements under federal regulations for state licensure of health care providers; and (c) A physical therapist licensed in another United States jurisdiction, or a foreign-educated physical therapist credentialed in another country, performing physical therapy as part of teaching or participating in an educational seminar of no more than sixty days in a calendar year. [Title 18 RCW—page 214] (4) The following persons are exempt from licensure as physical therapist assistants under this chapter when engaged in the following activities: (a) A person who is pursuing a course of study leading to a degree as a physical therapist assistant in an approved professional education program and is satisfying supervised clinical education requirements related to his or her physical therapist assistant education while under direct supervision of a licensed physical therapist; (b) A physical therapist assistant while practicing in the United States armed services, United States public health service, or veterans administration as based on requirements under federal regulations for state licensure of health care providers; and (c) A physical therapist assistant licensed in another United States jurisdiction, or a foreign-educated physical therapist assistant credentialed in another country, or a physical therapist assistant who is teaching or participating in an educational seminar of no more than sixty days in a calendar year. [2007 c 98 § 13; 2005 c 501 § 4.] 18.74.160 18.74.160 Authorization to practice—Referral to appropriate practitioner—Standards of ethics—Electroneuromyographic examinations—Authorization to purchase, store, and administer certain drugs or medication. (1) A physical therapist licensed under this chapter is fully authorized to practice physical therapy as defined in this chapter. (2) A physical therapist shall refer persons under his or her care to appropriate health care practitioners if the physical therapist has reasonable cause to believe symptoms or conditions are present that require services beyond the scope of practice under this chapter or when physical therapy is contraindicated. (3) Physical therapists and physical therapist assistants shall adhere to the recognized standards of ethics of the physical therapy profession and as further established by rule. (4) A physical therapist may perform electroneuromyographic examinations for the purpose of testing neuromuscular function only by referral from an authorized health care practitioner identified in RCW 18.74.010(7) and only upon demonstration of further education and training in electroneuromyographic examinations as established by rule. Within two years after July 1, 2005, the secretary shall waive the requirement for further education and training for those physical therapists licensed under this chapter who perform electroneuromyographic examinations. (5) A physical therapist licensed under this chapter may purchase, store, and administer medications such as hydrocortisone, fluocinonide, topical anesthetics, silver sulfadiazine, lidocaine, magnesium sulfate, zinc oxide, and other similar medications, and may administer such other drugs or medications as prescribed by an authorized health care practitioner for the practice of physical therapy. A pharmacist who dispenses such drugs to a licensed physical therapist is not liable for any adverse reactions caused by any method of use by the physical therapist. [2007 c 98 § 14; 2005 c 501 § 5.] (2008 Ed.) Poison Information Centers 18.74.170 Delegation. (1) Physical therapists are responsible for patient care given by assistive personnel under their supervision. A physical therapist may delegate to assistive personnel and supervise selected acts, tasks, or procedures that fall within the scope of physical therapy practice but do not exceed the education or training of the assistive personnel. (2) Nothing in this chapter may be construed to prohibit other licensed health care providers from using the services of physical therapist assistants, as long as the title "physical therapist assistant" is not used in violation of RCW 18.74.090, physical therapist aides, or other assistive personnel as long as the licensed health care provider is responsible for the activities of such assistants, aides, and other personnel and provides appropriate supervision. [2007 c 98 § 15; 2005 c 501 § 6.] 18.74.170 18.74.180 Professional and legal responsibility— Supervision of assistive personnel. A physical therapist is professionally and legally responsible for patient care given by assistive personnel under his or her supervision. If a physical therapist fails to adequately supervise patient care given by assistive personnel, the board may take disciplinary action against the physical therapist. (1) Regardless of the setting in which physical therapy services are provided, only the licensed physical therapist may perform the following responsibilities: (a) Interpretation of referrals; (b) Initial examination, problem identification, and diagnosis for physical therapy; (c) Development or modification of a plan of care that is based on the initial examination and includes the goals for physical therapy intervention; (d) Determination of which tasks require the expertise and decision-making capacity of the physical therapist and must be personally rendered by the physical therapist, and which tasks may be delegated; (e) Assurance of the qualifications of all assistive personnel to perform assigned tasks through written documentation of their education or training that is maintained and available at all times; (f) Delegation and instruction of the services to be rendered by the physical therapist, physical therapist assistant, or physical therapy aide including, but not limited to, specific tasks or procedures, precautions, special problems, and contraindicated procedures; (g) Timely review of documentation, reexamination of the patient, and revision of the plan of care when indicated; (h) Establishment of a discharge plan. (2) Supervision requires that the patient reevaluation is performed: (a) Every fifth visit, or if treatment is performed more than five times per week, reevaluation must be performed at least once a week; (b) When there is any change in the patient’s condition not consistent with planned progress or treatment goals. (3) Supervision of assistive personnel means: (a) Physical therapist assistants may function under direct or indirect supervision; (b) Physical therapy aides must function under direct supervision; 18.74.180 (2008 Ed.) 18.76.010 (c) The physical therapist may supervise a total of two assistive personnel at any one time. [2007 c 98 § 16.] 18.74.900 Severability—1949 c 239. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. [1949 c 239 § 13.] 18.74.900 18.74.910 Severability—1961 c 64. If any provision of this amendatory act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this amendatory act which can be given effect without the invalid provision or application, and to this end the provisions of this amendatory act are declared to be severable. [1961 c 64 § 11.] 18.74.910 18.74.911 Severability—1983 c 116. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1983 c 116 § 24.] 18.74.911 18.74.912 Effective dates—2007 c 98. (1) Sections 1 and 3 through 18 of this act take effect July 1, 2008. (2) Section 2 of this act takes effect December 1, 2008. [2007 c 98 § 19.] 18.74.912 Chapter 18.76 Chapter 18.76 RCW POISON INFORMATION CENTERS Sections 18.76.010 18.76.020 18.76.030 18.76.041 18.76.050 18.76.060 18.76.070 18.76.080 18.76.090 18.76.100 18.76.110 18.76.900 Purpose. Definitions. Poison information center—Statewide program. Consulting with other poison programs. Rules and standards. Poison center medical director—Poison information specialist—Certification required. Immunity from liability. Department to defend personnel. Use of gifts and grants. Certificate suspension—Nonpayment or default on educational loan or scholarship. Certificate suspension—Noncompliance with support order— Reissuance. Severability—1987 c 214. 18.76.010 Purpose. The legislature finds that accidental and purposeful exposure to drugs, poisons, and toxic substances continues to be a severe health problem in the state of Washington. It further finds that a significant reduction in the consequences of such accidental exposures has occurred as a result of the services provided by poison information centers. The purpose of this chapter is to reduce morbidity and mortality associated with overdose and poisoning incidents by providing emergency telephone assistance and treatment referral to victims of such incidents, by providing immediate treatment information to health care professionals, and public education and prevention programs. Further, the purpose is to improve utilization of drugs by providing information to 18.76.010 [Title 18 RCW—page 215] 18.76.020 Title 18 RCW: Businesses and Professions health professionals relating to appropriate therapeutic drug use. The legislature recognizes that enhanced cooperation between the emergency medical system and poison control centers will aid in responding to emergencies resulting from exposure to drugs, poisons, and toxic substances, and that, by providing telephone assistance to individuals with possible exposure to these substances, the need for emergency room and professional office visits will be reduced. As a result the cost of health care to those who may have exposures to drugs, poisons, and toxic substances will be avoided and appropriate treatment will be assured. [1993 c 343 § 1; 1987 c 214 § 16; 1980 c 178 § 1. Formerly RCW 18.73.210.] 18.76.020 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter: (1) "Department" means the department of health. (2) "Poison information center medical director" means a person who: (a) Is licensed to practice medicine and surgery under chapter 18.71 RCW or osteopathic medicine and surgery under chapter 18.57 RCW; (b) is certified by the secretary under standards adopted under RCW 18.76.050; and (c) provides services enumerated under RCW 18.76.030, and is responsible for supervision of poison information specialists. (3) "Poison information specialist" means a person who provides services enumerated under RCW 18.76.030 under the supervision of a poison information center medical director and is certified by the secretary under standards adopted under RCW 18.76.050. (4) "Secretary" means the secretary of health. [1996 c 178 § 7; 1991 c 3 § 184; 1987 c 214 § 19.] 18.76.020 Effective date—1996 c 178: See note following RCW 18.35.110. 18.76.030 Poison information center—Statewide program. The department shall, in a manner consistent with this chapter, provide support for the statewide program of poison and drug information services. These services shall, no later than June 30, 1993, be centralized in and coordinated by a single nonprofit center to be located in a place determined by the secretary. The services of this center shall be: (1) Twenty-four hour emergency telephone management and treatment referral of victims of poisoning and overdose incidents, to include determining whether treatment can be accomplished at the scene of the incident or transport to an emergency treatment or other facility is required, and carrying out telephone follow-up to assure that adequate care is provided; (2) Providing information to health professionals involved in management of poisoning and overdose victims; (3) Coordination and development of community education programs designed to inform the public and members of the health professions of poison prevention and treatment methods and to improve awareness of poisoning and overdose problems, occupational risks, and environmental exposures; and (4) Coordination of outreach units whose primary functions shall be to inform the public about poison problems and prevention methods, how to utilize the poison center, and 18.76.030 [Title 18 RCW—page 216] other toxicology issues. [1993 c 343 § 2; 1987 c 214 § 17; 1980 c 178 § 2. Formerly RCW 18.73.220.] 18.76.041 Consulting with other poison programs. The department shall establish a system for consulting with other state and local agency programs concerned with poisons and poisonings, incidents involving exposures to potentially poisonous substances, and other toxicological matters to develop the most coordinated and consistent response to such situations as is reasonably possible. [1993 c 343 § 3.] 18.76.041 18.76.050 Rules and standards. The secretary with the advice of the emergency medical services and trauma care steering committee established under RCW 18.73.050 shall adopt rules, under chapter 34.05 RCW, prescribing: (1) Standards for the operation of a poison information center; (2) Standards and procedures for certification, recertification and decertification of poison center medical directors and poison information specialists; and (3) Standards and procedures for reciprocity with other states or national certifying agencies. [1990 c 269 § 21; 1987 c 214 § 20.] 18.76.050 Severability—1990 c 269: See RCW 70.168.901. 18.76.060 Poison center medical director—Poison information specialist—Certification required. (1) A person may not act as a poison center medical director or perform the duties of poison information specialists of a poison information center without being certified by the secretary under this chapter. (2) Notwithstanding subsection (1) of this section, if a poison center medical director terminates certification or is decertified, that poison center medical director’s authority may be delegated by the department to any other person licensed to practice medicine and surgery under chapter 18.71 RCW or osteopathic medicine and surgery under chapter 18.57 RCW for a period of thirty days, or until a new poison center medical director is certified, whichever comes first. [1996 c 178 § 8; 1993 c 343 § 4; 1987 c 214 § 21.] 18.76.060 Effective date—1996 c 178: See note following RCW 18.35.110. 18.76.070 Immunity from liability. (1) No act done or omitted in good faith while performing duties as a poison center medical director or poison information specialist of a poison information center shall impose any liability on the poison center, its officers, the poison center medical director, the poison information specialist, or other employees. (2) This section: (a) Applies only to acts or omissions committed or omitted in the performance of duties which are within the area of responsibility and expertise of the poison center medical director or poison information specialist. (b) Does not relieve the poison center or any person from any duty imposed by law for the designation or training of a person certified under this chapter. (c) Does not apply to any act or omission which constitutes gross negligence or wilful or wanton conduct. [1987 c 214 § 22.] 18.76.070 (2008 Ed.) Nursing Care 18.76.080 Department to defend personnel. The department shall defend any poison center medical director or poison information specialist for any act or omission subject to RCW 18.76.070. [1987 c 214 § 23.] 18.76.080 18.76.090 Use of gifts and grants. The center may receive gifts, grants, and endowments from public or private sources that may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of the center and spend gifts, grants, or endowments or any income from the public or private sources according to their terms. [1993 c 343 § 5.] 18.76.090 18.76.100 Certificate suspension—Nonpayment or default on educational loan or scholarship. The secretary shall suspend the certificate of any person who has been certified by a lending agency and reported to the secretary for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person’s certificate shall not be reissued until the person provides the secretary a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for certification during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the secretary may impose. [1996 c 293 § 13.] 18.76.100 Severability—1996 c 293: See note following RCW 18.04.420. 18.76.110 Certificate suspension—Noncompliance with support order—Reissuance. The department shall immediately suspend the certification of a poison center medical director or a poison information specialist who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certification shall be automatic upon the department’s receipt of a release issued by the department of social and health services stating that the person is in compliance with the order. [1997 c 58 § 825.] 18.76.110 *Reviser’s note: 1997 c 58 § 887 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 18.76.900 Severability—1987 c 214. 18.73.901. 18.76.900 (2008 Ed.) See RCW Chapter 18.79 18.79.020 Chapter 18.79 RCW NURSING CARE Sections 18.79.010 18.79.020 18.79.030 18.79.040 18.79.050 18.79.060 18.79.070 18.79.080 18.79.090 18.79.100 18.79.110 18.79.120 18.79.130 18.79.140 18.79.150 18.79.160 18.79.170 18.79.180 18.79.190 18.79.200 18.79.202 18.79.2021 18.79.210 18.79.230 18.79.240 18.79.250 18.79.260 18.79.270 18.79.280 18.79.290 18.79.300 18.79.310 18.79.330 18.79.340 18.79.350 18.79.360 18.79.370 18.79.380 18.79.390 18.79.900 18.79.901 18.79.902 Purpose. Definitions. Licenses required—Titles. "Registered nursing practice" defined—Exceptions. "Advanced registered nursing practice" defined—Exceptions. "Licensed practical nursing practice" defined—Exceptions. Commission established—Membership—Qualifications. Commission—Order of removal—Vacancy. Commission—Compensation. Commission—Officers—Meetings. Commission—Duties and powers—Rules—Successor to boards. Application of Uniform Disciplinary Act. Executive director—Staff. Executive director—Qualifications. Schools and programs—Requirements—Approval. Applicants—Required documentation—Criteria—Rules. Examination—Rules. Interim permits—License—Expiration upon failure. Reciprocity—Foreign programs—Examination. License procedures, requirements, fees. License fee surcharge—Use of proceeds—Nursing resource center account—Report to the legislature—Review—Rules. Repealer. License renewal—Procedures, requirements, fees. Temporary retirement—Renewal—Fee—Qualification. Construction. Advanced registered nurse practitioner—Activities allowed. Registered nurse—Activities allowed—Delegation of tasks. Licensed practical nurse—Activities allowed. Medication, tests, treatments allowed. Catheterization of students—Rules. Department—Rules for administration. Rules, regulations, decisions of previous boards—Effect. Finding. Nursing technicians. Nursing technicians—Nursing functions. Applications for registration as a nursing technician—Fee. Nursing technicians—Registration renewal. Licensed practical nurse/nontraditional registered nurse program—Obtaining required clinical experience. Pilot project—Commission—Authority over budget. Severability—1994 sp.s. c 9. Headings and captions not law—1994 sp.s. c 9. Effective date—1994 sp.s. c 9. 18.79.010 Purpose. It is the purpose of the nursing care quality assurance commission to regulate the competency and quality of professional health care providers under its jurisdiction by establishing, monitoring, and enforcing qualifications for licensing, consistent standards of practice, continuing competency mechanisms, and discipline. Rules, policies, and procedures developed by the commission must promote the delivery of quality health care to the residents of the state of Washington. [1994 sp.s. c 9 § 401.] 18.79.010 18.79.020 Definitions. Unless a different meaning is plainly required by the context, the definitions set forth in this section apply throughout this chapter. (1) "Commission" means the Washington state nursing care quality assurance commission. (2) "Department" means the department of health. (3) "Secretary" means the secretary of health or the secretary’s designee. (4) "Diagnosis," in the context of nursing practice, means the identification of, and discrimination between, the person’s physical and psychosocial signs and symptoms that are essential to effective execution and management of the nursing care regimen. 18.79.020 [Title 18 RCW—page 217] 18.79.030 Title 18 RCW: Businesses and Professions (5) "Diploma" means written official verification of completion of an approved nursing education program. (6) "Nurse" or "nursing," unless otherwise specified as a practical nurse or practical nursing, means a registered nurse or registered nursing. [1994 sp.s. c 9 § 402.] 18.79.030 18.79.030 Licenses required—Titles. (1) It is unlawful for a person to practice or to offer to practice as a registered nurse in this state unless that person has been licensed under this chapter. A person who holds a license to practice as a registered nurse in this state may use the titles "registered nurse" and "nurse" and the abbreviation "R.N." No other person may assume those titles or use the abbreviation or any other words, letters, signs, or figures to indicate that the person using them is a registered nurse. (2) It is unlawful for a person to practice or to offer to practice as an advanced registered nurse practitioner or as a nurse practitioner in this state unless that person has been licensed under this chapter. A person who holds a license to practice as an advanced registered nurse practitioner in this state may use the titles "advanced registered nurse practitioner," "nurse practitioner," and "nurse" and the abbreviations "A.R.N.P." and "N.P." No other person may assume those titles or use those abbreviations or any other words, letters, signs, or figures to indicate that the person using them is an advanced registered nurse practitioner or nurse practitioner. (3) It is unlawful for a person to practice or to offer to practice as a licensed practical nurse in this state unless that person has been licensed under this chapter. A person who holds a license to practice as a licensed practical nurse in this state may use the titles "licensed practical nurse" and "nurse" and the abbreviation "L.P.N." No other person may assume those titles or use that abbreviation or any other words, letters, signs, or figures to indicate that the person using them is a licensed practical nurse. (4) Nothing in this section shall prohibit a person listed as a Christian Science nurse in the Christian Science Journal published by the Christian Science Publishing Society, Boston, Massachusetts, from using the title "Christian Science nurse," so long as such person does not hold himself or herself out as a registered nurse, advanced registered nurse practitioner, nurse practitioner, or licensed practical nurse, unless otherwise authorized by law to do so. [1997 c 177 § 1; 1994 sp.s. c 9 § 403.] 18.79.040 18.79.040 "Registered nursing practice" defined— Exceptions. (1) "Registered nursing practice" means the performance of acts requiring substantial specialized knowledge, judgment, and skill based on the principles of the biological, physiological, behavioral, and sociological sciences in either: (a) The observation, assessment, diagnosis, care or counsel, and health teaching of individuals with illnesses, injuries, or disabilities, or in the maintenance of health or prevention of illness of others; (b) The performance of such additional acts requiring education and training and that are recognized by the medical and nursing professions as proper and recognized by the commission to be performed by registered nurses licensed [Title 18 RCW—page 218] under this chapter and that are authorized by the commission through its rules; (c) The administration, supervision, delegation, and evaluation of nursing practice. However, nothing in this subsection affects the authority of a hospital, hospital district, inhome service agency, community-based care setting, medical clinic, or office, concerning its administration and supervision; (d) The teaching of nursing; (e) The executing of medical regimen as prescribed by a licensed physician and surgeon, dentist, osteopathic physician and surgeon, podiatric physician and surgeon, physician assistant, osteopathic physician assistant, or advanced registered nurse practitioner. (2) Nothing in this section prohibits a person from practicing a profession for which a license has been issued under the laws of this state or specifically authorized by any other law of the state of Washington. (3) This section does not prohibit (a) the nursing care of the sick, without compensation, by an unlicensed person who does not hold himself or herself out to be a registered nurse, (b) the practice of licensed practical nursing by a licensed practical nurse, or (c) the practice of a nursing assistant, providing delegated nursing tasks under chapter 18.88A RCW. [2003 c 140 § 1; 1995 1st sp.s. c 18 § 50; 1994 sp.s. c 9 § 404.] Effective date—2003 c 140: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 7, 2003]." [2003 c 140 § 13.] Conflict with federal requirements—Severability—Effective date— 1995 1st sp.s. c 18: See notes following RCW 74.39A.030. 18.79.050 "Advanced registered nursing practice" defined—Exceptions. "Advanced registered nursing practice" means the performance of the acts of a registered nurse and the performance of an expanded role in providing health care services as recognized by the medical and nursing professions, the scope of which is defined by rule by the commission. Upon approval by the commission, an advanced registered nurse practitioner may prescribe legend drugs and controlled substances contained in Schedule V of the Uniform Controlled Substances Act, chapter 69.50 RCW, and Schedules II through IV subject to RCW 18.79.240(1) (r) or (s). Nothing in this section prohibits a person from practicing a profession for which a license has been issued under the laws of this state or specifically authorized by any other law of the state of Washington. This section does not prohibit (1) the nursing care of the sick, without compensation, by an unlicensed person who does not hold himself or herself out to be an advanced registered nurse practitioner, or (2) the practice of registered nursing by a licensed registered nurse or the practice of licensed practical nursing by a licensed practical nurse. [2000 c 64 § 2; 1994 sp.s. c 9 § 405.] 18.79.050 Effective date—2000 c 64 §§ 1-3: "Sections 1 through 3 of this act take effect July 1, 2000." [2000 c 64 § 8.] Severability—2000 c 64: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2000 c 64 § 9.] (2008 Ed.) Nursing Care 18.79.060 "Licensed practical nursing practice" defined—Exceptions. "Licensed practical nursing practice" means the performance of services requiring the knowledge, skill, and judgment necessary for carrying out selected aspects of the designated nursing regimen under the direction and supervision of a licensed physician and surgeon, dentist, osteopathic physician and surgeon, physician assistant, osteopathic physician assistant, podiatric physician and surgeon, advanced registered nurse practitioner, or registered nurse. Nothing in this section prohibits a person from practicing a profession for which a license has been issued under the laws of this state or specifically authorized by any other law of the state of Washington. This section does not prohibit the nursing care of the sick, without compensation, by an unlicensed person who does not hold himself or herself out to be a licensed practical nurse. [1994 sp.s. c 9 § 406.] 18.79.060 18.79.070 Commission established—Membership— Qualifications. (1) The state nursing care quality assurance commission is established, consisting of fifteen members to be appointed by the governor to four-year terms. The governor shall consider nursing members who are recommended for appointment by the appropriate professional associations in the state. No person may serve as a member of the commission for more than two consecutive full terms. (2) There must be seven registered nurse members, two advanced registered nurse practitioner members, three licensed practical nurse members, and three public members on the commission. Each member of the commission must be a citizen of the United States and a resident of this state. (3)(a) Registered nurse members of the commission must: (i) Be licensed as registered nurses under this chapter; and (ii) Have had at least three years’ experience in the active practice of nursing and have been engaged in that practice within two years of appointment. (b) In addition: (i) At least one member must be on the faculty at a fouryear university nursing program; (ii) At least one member must be on the faculty at a twoyear community college nursing program; (iii) At least two members must be staff nurses providing direct patient care; and (iv) At least one member must be a nurse manager or a nurse executive. (4) Advanced registered nurse practitioner members of the commission must: (a) Be licensed as advanced registered nurse practitioners under this chapter; and (b) Have had at least three years’ experience in the active practice of advanced registered nursing and have been engaged in that practice within two years of appointment. (5) Licensed practical nurse members of the commission must: (a) Be licensed as licensed practical nurses under this chapter; and 18.79.070 (2008 Ed.) 18.79.100 (b) Have had at least three years’ actual experience as a licensed practical nurse and have been engaged in practice as a practical nurse within two years of appointment. (6) Public members of the commission may not be a member of any other health care licensing board or commission, or have a fiduciary obligation to a facility rendering health services regulated by the commission, or have a material or financial interest in the rendering of health services regulated by the commission. In appointing the initial members of the commission, it is the intent of the legislature that, to the extent possible, the governor appoint the existing members of the board of nursing and the board of practical nursing repealed under chapter 9, Laws of 1994 sp. sess. The governor may appoint initial members of the commission to staggered terms of from one to four years. Thereafter, all members shall be appointed to full four-year terms. Members of the commission hold office until their successors are appointed. When the secretary appoints pro tem members, reasonable efforts shall be made to ensure that at least one pro tem member is a registered nurse who is currently practicing and, in addition to meeting other minimum qualifications, has graduated from an associate or baccalaureate nursing program within three years of appointment. [2005 c 17 § 1; 1994 sp.s. c 9 § 407.] 18.79.080 18.79.080 Commission—Order of removal— Vacancy. The governor may remove a member of the commission for neglect of duty, misconduct, malfeasance or misfeasance in office, or for incompetency or unprofessional conduct as defined in chapter 18.130 RCW. Whenever the governor is satisfied that a member of the commission has been guilty of neglect of duty, misconduct, malfeasance or misfeasance in office, or of incompetency or unprofessional conduct, the governor shall file with the secretary of state a statement of the causes for and the order of removal from office, and the secretary shall forthwith send a certified copy of the statement of causes and order of removal to the last known post office address of the member. If a vacancy occurs on the commission, the governor shall appoint a replacement member to fill the remainder of the unexpired term. [1994 sp.s. c 9 § 408.] 18.79.090 18.79.090 Commission—Compensation. Each commission member shall be compensated in accordance with RCW 43.03.265 and shall be paid travel expenses when away from home in accordance with RCW 43.03.050 and 43.03.060. [1999 c 366 § 5; 1994 sp.s. c 9 § 409.] 18.79.100 18.79.100 Commission—Officers—Meetings. The commission shall annually elect officers from among its members. The commission shall meet at least quarterly at times and places it designates. It shall hold such other meetings during the year as may be deemed necessary to transact its business. A majority of the commission members appointed and serving constitutes a quorum at a meeting. All meetings of the commission must be open and public, except that the commission may hold executive sessions to the extent permitted by chapter 42.30 RCW. [Title 18 RCW—page 219] 18.79.110 Title 18 RCW: Businesses and Professions Carrying a motion or resolution, adopting a rule, or passing a measure requires the affirmative vote of a majority of a quorum of the commission. The commission may appoint panels consisting of at least three members. A quorum for transaction of any business by a panel is a minimum of three members. A majority vote of a quorum of the panel is required to transact business delegated to it by the commission. [1994 sp.s. c 9 § 410.] 18.79.110 Commission—Duties and powers— Rules—Successor to boards. The commission shall keep a record of all of its proceedings and make such reports to the governor as may be required. The commission shall define by rules what constitutes specialized and advanced levels of nursing practice as recognized by the medical and nursing profession. The commission may adopt rules or issue advisory opinions in response to questions put to it by professional health associations, nursing practitioners, and consumers in this state concerning the authority of various categories of nursing practitioners to perform particular acts. The commission shall approve curricula and shall establish criteria for minimum standards for schools preparing persons for licensing as registered nurses, advanced registered nurse practitioners, and licensed practical nurses under this chapter. The commission shall approve such schools of nursing as meet the requirements of this chapter and the commission, and the commission shall approve establishment of basic nursing education programs and shall establish criteria as to the need for and the size of a program and the type of program and the geographical location. The commission shall establish criteria for proof of reasonable currency of knowledge and skill as a basis for safe practice after three years’ inactive or lapsed status. The commission shall establish criteria for licensing by endorsement. The commission shall determine examination requirements for applicants for licensing as registered nurses, advanced registered nurse practitioners, and licensed practical nurses under this chapter, and shall certify to the secretary for licensing duly qualified applicants. The commission shall adopt such rules under chapter 34.05 RCW as are necessary to fulfill the purposes of this chapter. The commission is the successor in interest of the board of nursing and the board of practical nursing. All contracts, undertakings, agreements, rules, regulations, decisions, orders, and policies of the former board of nursing or the board of practical nursing continue in full force and effect under the commission until the commission amends or rescinds those rules, regulations, decisions, orders, or policies. The members of the commission are immune from suit in an action, civil or criminal, based on its disciplinary proceedings or other official acts performed in good faith as members of the commission. Whenever the workload of the commission requires, the commission may request that the secretary appoint pro tempore members of the commission. When serving, pro tempore members of the commission have all of the powers, duties, and immunities, and are entitled to all of the emoluments, including travel expenses, of regularly appointed members of the commission. [1994 sp.s. c 9 § 411.] 18.79.110 [Title 18 RCW—page 220] 18.79.120 Application of Uniform Disciplinary Act. The Uniform Disciplinary Act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [1994 sp.s. c 9 § 412.] 18.79.120 18.79.130 Executive director—Staff. (Expires June 30, 2013.) Except as provided in RCW 18.79.390 for the duration of the pilot project, the secretary shall appoint, after consultation with the commission, an executive director who shall act to carry out this chapter. The secretary shall also employ such professional, secretarial, clerical, and other assistants as may be necessary to effectively administer this chapter. The secretary shall fix the compensation and provide for travel expenses for the executive director and all such employees, in accordance with RCW 43.03.050 and 43.03.060. [2008 c 134 § 34; 1994 sp.s. c 9 § 413.] 18.79.130 Expiration date—2008 c 134 §§ 33 and 34: See note following RCW 18.71.0191. Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020. 18.79.130 Executive director—Staff. (Effective June 30, 2013.) The secretary shall appoint, after consultation with the commission, an executive director who shall act to carry out this chapter. The secretary shall also employ such professional, secretarial, clerical, and other assistants as may be necessary to effectively administer this chapter. The secretary shall fix the compensation and provide for travel expenses for the executive director and all such employees, in accordance with RCW 43.03.050 and 43.03.060. [1994 sp.s. c 9 § 413.] 18.79.130 18.79.140 Executive director—Qualifications. The executive director must be a graduate of an approved nursing education program and of a college or university, with a masters’ degree, and currently licensed as a registered nurse under this chapter; have a minimum of eight years’ experience in nursing in any combination of administration and nursing education; and have been actively engaged in the practice of registered nursing or nursing education within two years immediately before the time of appointment. [1994 sp.s. c 9 § 414.] 18.79.140 18.79.150 Schools and programs—Requirements— Approval. An institution desiring to conduct a school of registered nursing or a school or program of practical nursing, or both, shall apply to the commission and submit evidence satisfactory to the commission that: (1) It is prepared to carry out the curriculum approved by the commission for basic registered nursing or practical nursing, or both; and (2) It is prepared to meet other standards established by law and by the commission. The commission shall make, or cause to be made, such surveys of the schools and programs, and of institutions and agencies to be used by the schools and programs, as it determines are necessary. If in the opinion of the commission, the requirements for an approved school of registered nursing or a school or program of practical nursing, or both, are met, the 18.79.150 (2008 Ed.) Nursing Care commission shall approve the school or program. [1994 sp.s. c 9 § 415.] 18.79.160 Applicants—Required documentation— Criteria—Rules. (1) An applicant for a license to practice as a registered nurse shall submit to the commission: (a) An attested written application on a department form; (b) An official transcript demonstrating graduation and successful completion of an approved program of nursing; and (c) Any other official records specified by the commission. (2) An applicant for a license to practice as an advanced registered nurse practitioner shall submit to the commission: (a) An attested written application on a department form; (b) An official transcript demonstrating graduation and successful completion of an advanced registered nurse practitioner program meeting criteria established by the commission; and (c) Any other official records specified by the commission. (3) An applicant for a license to practice as a licensed practical nurse shall submit to the commission: (a) An attested written application on a department form; (b) Written official evidence that the applicant is over the age of eighteen; (c) An official transcript demonstrating graduation and successful completion of an approved practical nursing program, or its equivalent; and (d) Any other official records specified by the commission. (4) At the time of submission of the application, the applicant for a license to practice as a registered nurse, advanced registered nurse practitioner, or licensed practical nurse must not be in violation of chapter 18.130 RCW or this chapter. (5) The commission shall establish by rule the criteria for evaluating the education of all applicants. [2004 c 262 § 6; 1994 sp.s. c 9 § 416.] 18.79.160 Findings—2004 c 262: See note following RCW 18.06.050. 18.79.170 Examination—Rules. An applicant for a license to practice as a registered nurse, advanced registered nurse practitioner, or licensed practical nurse must pass an examination in subjects determined by the commission. The examination may be supplemented by an oral or practical examination. The commission shall establish by rule the requirements for applicants who have failed the examination to qualify for reexamination. [1994 sp.s. c 9 § 417.] 18.79.170 18.79.180 Interim permits—License—Expiration upon failure. When authorized by the commission, the department shall issue an interim permit authorizing the applicant to practice registered nursing, advanced registered nursing, or licensed practical nursing, as appropriate, from the time of verification of the completion of the school or training program until notification of the results of the examination. Upon the applicant passing the examination, and if all other requirements established by the commission for licensing are met, the department shall issue the applicant a 18.79.180 (2008 Ed.) 18.79.202 license to practice registered nursing, advanced registered nursing, or licensed practical nursing, as appropriate. If the applicant fails the examination, the interim permit expires upon notification to the applicant, and is not renewable. The holder of an interim permit is subject to chapter 18.130 RCW. [1994 sp.s. c 9 § 418.] 18.79.190 18.79.190 Reciprocity—Foreign programs—Examination. Upon approval of the application by the commission, the department shall issue a license by endorsement without examination to practice as a registered nurse or as a licensed practical nurse to a person who is licensed as a registered nurse or licensed practical nurse under the laws of another state, territory, or possession of the United States, and who meets all other qualifications for licensing. An applicant who has graduated from a school or program of nursing outside the United States and is licensed as a registered nurse or licensed practical nurse, or their equivalents, outside the United States must meet all qualifications required by this chapter and pass examinations as determined by the commission. [1994 sp.s. c 9 § 419.] 18.79.200 18.79.200 License procedures, requirements, fees. An applicant for a license to practice as a registered nurse, advanced registered nurse practitioner, or licensed practical nurse shall comply with administrative procedures, administrative requirements, and fees as determined under RCW 43.70.250 and 43.70.280. [1996 c 191 § 62; 1994 sp.s. c 9 § 420.] 18.79.202 18.79.202 License fee surcharge—Use of proceeds— Nursing resource center account—Report to the legislature—Review—Rules. (Effective until June 30, 2013.) (1) In addition to the licensing fee for registered nurses and licensed practical nurses licensed under this chapter, the department shall impose an additional surcharge of five dollars per year on all initial licenses and renewal licenses for registered nurses and licensed practical nurses issued under this chapter. Advanced registered nurse practitioners are only required to pay the surcharge on their registered nurse licenses. (2) The department, in consultation with the commission and the workforce training and education coordinating board, shall use the proceeds from the surcharge imposed under subsection (1) of this section to provide grants to a central nursing resource center. The grants may be awarded only to a not-for-profit central nursing resource center that is comprised of and led by nurses. The central nursing resource center will demonstrate coordination with relevant nursing constituents including professional nursing organizations, groups representing nursing educators, staff nurses, nurse managers or executives, and labor organizations representing nurses. The central nursing resource center shall have as its mission to contribute to the health and wellness of Washington state residents by ensuring that there is an adequate nursing workforce to meet the current and future health care needs of the citizens of the state of Washington. The grants may be used to fund the following activities of the central nursing resource center: [Title 18 RCW—page 221] 18.79.2021 Title 18 RCW: Businesses and Professions (a) Maintain information on the current and projected supply and demand of nurses through the collection and analysis of data regarding the nursing workforce, including but not limited to education level, race and ethnicity, employment settings, nursing positions, reasons for leaving the nursing profession, and those leaving Washington state to practice elsewhere. This data collection and analysis must complement other state activities to produce data on the nursing workforce and the central nursing resource center shall work collaboratively with other entities in the data collection to ensure coordination and avoid duplication of efforts; (b) Monitor and validate trends in the applicant pool for programs in nursing. The central nursing resource center must work with nursing leaders to identify approaches to address issues arising related to the trends identified, and collect information on other states’ approaches to addressing these issues; (c) Facilitate partnerships between the nursing community and other health care providers, licensing authority, business and industry, consumers, legislators, and educators to achieve policy consensus, promote diversity within the profession, and enhance nursing career mobility and nursing leadership development; (d) Evaluate the effectiveness of nursing education and articulation among programs to increase access to nursing education and enhance career mobility, especially for populations that are underrepresented in the nursing profession; (e) Provide consultation, technical assistance, data, and information related to Washington state and national nursing resources; (f) Promote strategies to enhance patient safety and quality patient care including encouraging a safe and healthy workplace environment for nurses; and (g) Educate the public including students in K-12 about opportunities and careers in nursing. (3) The nursing resource center account is created in the custody of the state treasurer. All receipts from the surcharge in subsection (1) of this section must be deposited in the account. Expenditures from the account may be used only for grants to an organization to conduct the specific activities listed in subsection (2) of this section and to compensate the department for the reasonable costs associated with the collection and distribution of the surcharge and the administration of the grant provided for in subsection (2) of this section. No money from this account may be used by the recipient towards administrative costs of the central nursing resource center not associated with the specific activities listed in subsection (2) of this section. No money from this account may be used by the recipient toward lobbying. Only the secretary or the secretary’s designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. Grants will be awarded on an annual basis and funds will be distributed quarterly. The first distribution after awarding the first grant shall be made no later than six months after July 24, 2005. The central nursing resource center shall report to the department on meeting the grant objectives annually. (4) The central nursing resource center shall submit a report of all progress, collaboration with other organizations and government entities, and activities conducted by the cen[Title 18 RCW—page 222] ter to the relevant committees of the legislature by November 30, 2011. The department shall conduct a review of the program to collect funds to support the activities of a nursing resource center and make recommendations on the effectiveness of the program and whether it should continue. The review shall be paid for with funds from the nursing resource center account. The review must be completed by June 30, 2012. (5) The department may adopt rules as necessary to implement chapter 268, Laws of 2005. [2005 c 268 § 4.] Finding—2005 c 268: "Washington state is experiencing a critical shortage of registered nurses. To safeguard and promote patient safety and quality of care, the legislature finds that a central resource center for the nursing workforce is critical and essential in addressing the nursing shortage and ensuring that the public continue to receive safe, quality care." [2005 c 268 § 1.] 18.79.2021 Repealer. The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2013: (1) Section 1, chapter 268, Laws of 2005 (uncodified); and (2) RCW 18.79.202 and section 4, chapter 268, Laws of 2005. [2005 c 268 § 5.] 18.79.2021 Finding—2005 c 268: See note following RCW 18.79.202. 18.79.210 License renewal—Procedures, requirements, fees. A license issued under this chapter must be renewed, except as provided in this chapter. The licensee shall comply with administrative procedures, administrative requirements, and fees as determined under RCW 43.70.250 and 43.70.280. [1996 c 191 § 63; 1994 sp.s. c 9 § 421.] 18.79.210 18.79.230 Temporary retirement—Renewal—Fee— Qualification. A person licensed under this chapter who desires to retire temporarily from registered nursing practice, advanced registered nursing practice, or licensed practical nursing practice in this state shall send a written notice to the secretary. Upon receipt of the notice the department shall place the name of the person on inactive status. While remaining on this status the person shall not practice in this state any form of nursing provided for in this chapter. When the person desires to resume practice, the person shall apply to the commission for renewal of the license and pay a renewal fee to the state treasurer. Persons on inactive status for three years or more must provide evidence of knowledge and skill of current practice as required by the commission or as provided in this chapter. [1994 sp.s. c 9 § 423.] 18.79.230 18.79.240 Construction. (1) In the context of the definition of registered nursing practice and advanced registered nursing practice, this chapter shall not be construed as: (a) Prohibiting the incidental care of the sick by domestic servants or persons primarily employed as housekeepers, so long as they do not practice registered nursing within the meaning of this chapter; (b) Preventing a person from the domestic administration of family remedies or the furnishing of nursing assistance in case of emergency; 18.79.240 (2008 Ed.) Nursing Care (c) Prohibiting the practice of nursing by students enrolled in approved schools as may be incidental to their course of study or prohibiting the students from working as nursing technicians; (d) Prohibiting auxiliary services provided by persons carrying out duties necessary for the support of nursing services, including those duties that involve minor nursing services for persons performed in hospitals, nursing homes, or elsewhere under the direction of licensed physicians or the supervision of licensed registered nurses; (e) Prohibiting the practice of nursing in this state by a legally qualified nurse of another state or territory whose engagement requires him or her to accompany and care for a patient temporarily residing in this state during the period of one such engagement, not to exceed six months in length, if the person does not represent or hold himself or herself out as a registered nurse licensed to practice in this state; (f) Prohibiting nursing or care of the sick, with or without compensation, when done in connection with the practice of the religious tenets of a church by adherents of the church so long as they do not engage in the practice of nursing as defined in this chapter; (g) Prohibiting the practice of a legally qualified nurse of another state who is employed by the United States government or a bureau, division, or agency thereof, while in the discharge of his or her official duties; (h) Permitting the measurement of the powers or range of human vision, or the determination of the accommodation and refractive state of the human eye or the scope of its functions in general, or the fitting or adaptation of lenses for the aid thereof; (i) Permitting the prescribing or directing the use of, or using, an optical device in connection with ocular exercises, visual training, vision training, or orthoptics; (j) Permitting the prescribing of contact lenses for, or the fitting and adaptation of contact lenses to, the human eye; (k) Prohibiting the performance of routine visual screening; (l) Permitting the practice of dentistry or dental hygiene as defined in chapters 18.32 and 18.29 RCW, respectively; (m) Permitting the practice of chiropractic as defined in chapter 18.25 RCW including the adjustment or manipulation of the articulation of the spine; (n) Permitting the practice of podiatric medicine and surgery as defined in chapter 18.22 RCW; (o) Permitting the performance of major surgery, except such minor surgery as the commission may have specifically authorized by rule adopted in accordance with chapter 34.05 RCW; (p) Permitting the prescribing of controlled substances as defined in Schedule I of the Uniform Controlled Substances Act, chapter 69.50 RCW; (q) Prohibiting the determination and pronouncement of death; (r) Prohibiting advanced registered nurse practitioners, approved by the commission as certified registered nurse anesthetists from selecting, ordering, or administering controlled substances as defined in Schedules II through IV of the Uniform Controlled Substances Act, chapter 69.50 RCW, consistent with their commission-recognized scope of practice; subject to facility-specific protocols, and subject to a (2008 Ed.) 18.79.240 request for certified registered nurse anesthetist anesthesia services issued by a physician licensed under chapter 18.71 RCW, an osteopathic physician and surgeon licensed under chapter 18.57 RCW, a dentist licensed under chapter 18.32 RCW, or a podiatric physician and surgeon licensed under chapter 18.22 RCW; the authority to select, order, or administer Schedule II through IV controlled substances being limited to those drugs that are to be directly administered to patients who require anesthesia for diagnostic, operative, obstetrical, or therapeutic procedures in a hospital, clinic, ambulatory surgical facility, or the office of a practitioner licensed under chapter 18.71, 18.22, 18.36, 18.36A, 18.57, 18.57A, or 18.32 RCW; "select" meaning the decision-making process of choosing a drug, dosage, route, and time of administration; and "order" meaning the process of directing licensed individuals pursuant to their statutory authority to directly administer a drug or to dispense, deliver, or distribute a drug for the purpose of direct administration to a patient, under instructions of the certified registered nurse anesthetist. "Protocol" means a statement regarding practice and documentation concerning such items as categories of patients, categories of medications, or categories of procedures rather than detailed case-specific formulas for the practice of nurse anesthesia; (s) Prohibiting advanced registered nurse practitioners from ordering or prescribing controlled substances as defined in Schedules II through IV of the Uniform Controlled Substances Act, chapter 69.50 RCW, if and to the extent that doing so is permitted by their scope of practice. (2) In the context of the definition of licensed practical nursing practice, this chapter shall not be construed as: (a) Prohibiting the incidental care of the sick by domestic servants or persons primarily employed as housekeepers, so long as they do not practice practical nursing within the meaning of this chapter; (b) Preventing a person from the domestic administration of family remedies or the furnishing of nursing assistance in case of emergency; (c) Prohibiting the practice of practical nursing by students enrolled in approved schools as may be incidental to their course of study or prohibiting the students from working as nursing assistants; (d) Prohibiting auxiliary services provided by persons carrying out duties necessary for the support of nursing services, including those duties that involve minor nursing services for persons performed in hospitals, nursing homes, or elsewhere under the direction of licensed physicians or the supervision of licensed registered nurses; (e) Prohibiting or preventing the practice of nursing in this state by a legally qualified nurse of another state or territory whose engagement requires him or her to accompany and care for a patient temporarily residing in this state during the period of one such engagement, not to exceed six months in length, if the person does not represent or hold himself or herself out as a licensed practical nurse licensed to practice in this state; (f) Prohibiting nursing or care of the sick, with or without compensation, when done in connection with the practice of the religious tenets of a church by adherents of the church so long as they do not engage in licensed practical nurse practice as defined in this chapter; [Title 18 RCW—page 223] 18.79.250 Title 18 RCW: Businesses and Professions (g) Prohibiting the practice of a legally qualified nurse of another state who is employed by the United States government or any bureau, division, or agency thereof, while in the discharge of his or her official duties. [2005 c 28 § 1; 2003 c 258 § 6; 2000 c 64 § 3; 1994 sp.s. c 9 § 424.] Severability—Effective date—2003 c 258: See notes following RCW 18.79.330. Effective date—2000 c 64 §§ 1-3: See note following RCW 18.79.050. Severability—2000 c 64: See note following RCW 18.79.050. 18.79.250 Advanced registered nurse practitioner— Activities allowed. An advanced registered nurse practitioner under his or her license may perform for compensation nursing care, as that term is usually understood, of the ill, injured, or infirm, and in the course thereof, she or he may do the following things that shall not be done by a person not so licensed, except as provided in RCW 18.79.260 and 18.79.270: (1) Perform specialized and advanced levels of nursing as recognized jointly by the medical and nursing professions, as defined by the commission; (2) Prescribe legend drugs and Schedule V controlled substances, as defined in the Uniform Controlled Substances Act, chapter 69.50 RCW, and Schedules II through IV subject to RCW 18.79.240(1) (r) or (s) within the scope of practice defined by the commission; (3) Perform all acts provided in RCW 18.79.260; (4) Hold herself or himself out to the public or designate herself or himself as an advanced registered nurse practitioner or as a nurse practitioner. [2000 c 64 § 4; 1994 sp.s. c 9 § 425.] 18.79.250 Severability—2000 c 64: See note following RCW 18.79.050. 18.79.260 Registered nurse—Activities allowed— Delegation of tasks. (1) A registered nurse under his or her license may perform for compensation nursing care, as that term is usually understood, to individuals with illnesses, injuries, or disabilities. (2) A registered nurse may, at or under the general direction of a licensed physician and surgeon, dentist, osteopathic physician and surgeon, naturopathic physician, podiatric physician and surgeon, physician assistant, osteopathic physician assistant, or advanced registered nurse practitioner acting within the scope of his or her license, administer medications, treatments, tests, and inoculations, whether or not the severing or penetrating of tissues is involved and whether or not a degree of independent judgment and skill is required. Such direction must be for acts which are within the scope of registered nursing practice. (3) A registered nurse may delegate tasks of nursing care to other individuals where the registered nurse determines that it is in the best interest of the patient. (a) The delegating nurse shall: (i) Determine the competency of the individual to perform the tasks; (ii) Evaluate the appropriateness of the delegation; (iii) Supervise the actions of the person performing the delegated task; and (iv) Delegate only those tasks that are within the registered nurse’s scope of practice. 18.79.260 [Title 18 RCW—page 224] (b) A registered nurse, working for a home health or hospice agency regulated under chapter 70.127 RCW, may delegate the application, instillation, or insertion of medications to a registered or certified nursing assistant under a plan of care. (c) Except as authorized in (b) or (e) of this subsection, a registered nurse may not delegate the administration of medications. Except as authorized in (e) of this subsection, a registered nurse may not delegate acts requiring substantial skill, and may not delegate piercing or severing of tissues. Acts that require nursing judgment shall not be delegated. (d) No person may coerce a nurse into compromising patient safety by requiring the nurse to delegate if the nurse determines that it is inappropriate to do so. Nurses shall not be subject to any employer reprisal or disciplinary action by the nursing care quality assurance commission for refusing to delegate tasks or refusing to provide the required training for delegation if the nurse determines delegation may compromise patient safety. (e) For delegation in community-based care settings or in-home care settings, a registered nurse may delegate nursing care tasks only to registered or certified nursing assistants. Simple care tasks such as blood pressure monitoring, personal care service, diabetic insulin device set up, verbal verification of insulin dosage for sight-impaired individuals, or other tasks as defined by the nursing care quality assurance commission are exempted from this requirement. (i) "Community-based care settings" includes: Community residential programs for people with developmental disabilities, certified by the department of social and health services under chapter 71A.12 RCW; adult family homes licensed under chapter 70.128 RCW; and boarding homes licensed under chapter 18.20 RCW. Community-based care settings do not include acute care or skilled nursing facilities. (ii) "In-home care settings" include an individual’s place of temporary or permanent residence, but does not include acute care or skilled nursing facilities, and does not include community-based care settings as defined in (e)(i) of this subsection. (iii) Delegation of nursing care tasks in communitybased care settings and in-home care settings is only allowed for individuals who have a stable and predictable condition. "Stable and predictable condition" means a situation in which the individual’s clinical and behavioral status is known and does not require the frequent presence and evaluation of a registered nurse. (iv) The determination of the appropriateness of delegation of a nursing task is at the discretion of the registered nurse. Other than delegation of the administration of insulin by injection for the purpose of caring for individuals with diabetes, the administration of medications by injection, sterile procedures, and central line maintenance may never be delegated. (v) When delegating insulin injections under this section, the registered nurse delegator must instruct the individual regarding proper injection procedures and the use of insulin, demonstrate proper injection procedures, and must supervise and evaluate the individual performing the delegated task weekly during the first four weeks of delegation of insulin injections. If the registered nurse delegator determines that the individual is competent to perform the injection properly (2008 Ed.) Nursing Care and safely, supervision and evaluation shall occur at least every ninety days thereafter. (vi) The registered nurse shall verify that the nursing assistant has completed the required core nurse delegation training required in chapter 18.88A RCW prior to authorizing delegation. (vii) The nurse is accountable for his or her own individual actions in the delegation process. Nurses acting within the protocols of their delegation authority are immune from liability for any action performed in the course of their delegation duties. (viii) Nursing task delegation protocols are not intended to regulate the settings in which delegation may occur, but are intended to ensure that nursing care services have a consistent standard of practice upon which the public and the profession may rely, and to safeguard the authority of the nurse to make independent professional decisions regarding the delegation of a task. (f) The nursing care quality assurance commission may adopt rules to implement this section. (4) Only a person licensed as a registered nurse may instruct nurses in technical subjects pertaining to nursing. (5) Only a person licensed as a registered nurse may hold herself or himself out to the public or designate herself or himself as a registered nurse. [2008 c 146 § 11; 2003 c 140 § 2; 2000 c 95 § 3; 1995 1st sp.s. c 18 § 51; 1995 c 295 § 1; 1994 sp.s. c 9 § 426.] Findings—Intent—Severability—2008 c 146: See notes following RCW 74.41.040. Effective date—2003 c 140: See note following RCW 18.79.040. Conflict with federal requirements—Severability—Effective date— 1995 1st sp.s. c 18: See notes following RCW 74.39A.030. Effective date—1995 c 295: "This act shall take effect August 1, 1996." [1995 c 295 § 4.] 18.79.270 Licensed practical nurse—Activities allowed. A licensed practical nurse under his or her license may perform nursing care, as that term is usually understood, of the ill, injured, or infirm, and in the course thereof may, under the direction of a licensed physician and surgeon, osteopathic physician and surgeon, dentist, naturopathic physician, podiatric physician and surgeon, physician assistant, osteopathic physician assistant, advanced registered nurse practitioner acting under the scope of his or her license, or at the direction and under the supervision of a registered nurse, administer drugs, medications, treatments, tests, injections, and inoculations, whether or not the piercing of tissues is involved and whether or not a degree of independent judgment and skill is required, when selected to do so by one of the licensed practitioners designated in this section, or by a registered nurse who need not be physically present; if the order given is reduced to writing within a reasonable time and made a part of the patient’s record. Such direction must be for acts within the scope of licensed practical nurse practice. [1995 c 295 § 2; 1994 sp.s. c 9 § 427.] 18.79.270 Effective date—1995 c 295: See note following RCW 18.79.260. 18.79.280 Medication, tests, treatments allowed. It is not a violation of chapter 18.71 RCW or of chapter 18.57 RCW for a registered nurse, at or under the general direction of a licensed physician and surgeon, or osteopathic physician 18.79.280 (2008 Ed.) 18.79.310 and surgeon, to administer prescribed drugs, injections, inoculations, tests, or treatment whether or not the piercing of tissues is involved. [1994 sp.s. c 9 § 428.] 18.79.290 Catheterization of students—Rules. (1) In accordance with rules adopted by the commission, public school districts and private schools that offer classes for any of grades kindergarten through twelve may provide for clean, intermittent bladder catheterization of students or assisted self-catheterization of students who are in the custody of the school district or private school at the time. After consultation with staff of the superintendent of public instruction, the commission shall adopt rules in accordance with chapter 34.05 RCW, that provide for the following and such other matters as the commission deems necessary to the proper implementation of this section: (a) A requirement for a written, current, and unexpired request from a parent, legal guardian, or other person having legal control over the student that the school district or private school provide for the catheterization of the student; (b) A requirement for a written, current, and unexpired request from a physician licensed under chapter 18.71 or 18.57 RCW, that catheterization of the student be provided for during the hours when school is in session or the hours when the student is under the supervision of school officials; (c) A requirement for written, current, and unexpired instructions from an advanced registered nurse practitioner or a registered nurse licensed under this chapter regarding catheterization that include (i) a designation of the school district or private school employee or employees who may provide for the catheterization, and (ii) a description of the nature and extent of any required supervision; and (d) The nature and extent of acceptable training that shall (i) be provided by a physician, advanced registered nurse practitioner, or registered nurse licensed under chapter 18.71 or 18.57 RCW, or this chapter, and (ii) be required of school district or private school employees who provide for the catheterization of a student under this section, except that a licensed practical nurse licensed under this chapter is exempt from training. (2) This section does not require school districts to provide intermittent bladder catheterization of students. [1994 sp.s. c 9 § 429.] 18.79.290 Catheterization of public and private school students: RCW 28A.210.280 and 28A.210.290. 18.79.300 Department—Rules for administration. The department, subject to chapter 34.05 RCW, the Washington Administrative Procedure Act, may adopt such reasonable rules as may be necessary to carry out the duties imposed upon it in the administration of this chapter. [1994 sp.s. c 9 § 430.] 18.79.300 18.79.310 Rules, regulations, decisions of previous boards—Effect. As of July 1, 1994, all rules, regulations, decisions, and orders of the board of nursing under *chapter 18.88 RCW or the board of practical nursing under *chapter 18.78 RCW continue to be in effect under the commission, until the commission acts to modify the rules, regulations, decisions, or orders. [1994 sp.s. c 9 § 431.] 18.79.310 [Title 18 RCW—page 225] 18.79.330 Title 18 RCW: Businesses and Professions *Reviser’s note: Chapters 18.88 and 18.78 RCW were repealed by 1994 sp.s. c 9 § 433, effective July 1, 1994. 18.79.330 Finding. The legislature finds a need to provide additional work-related opportunities for nursing students. Nursing students enrolled in bachelor of science programs or associate degree programs, working within the limits of their education, gain valuable judgment and knowledge through expanded work opportunities. [2003 c 258 § 1.] 18.79.330 Severability—2003 c 258: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2003 c 258 § 11.] Effective date—2003 c 258: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 12, 2003]." [2003 c 258 § 12.] 18.79.340 Nursing technicians. (1) "Nursing technician" means a nursing student employed in a hospital licensed under chapter 70.41 RCW or a nursing home licensed under chapter 18.51 RCW, who: (a) Is currently enrolled in good standing in a nursing program approved by the commission and has not graduated; or (b) Is a graduate of a nursing program approved by the commission who graduated: (i) Within the past thirty days; or (ii) Within the past sixty days and has received a determination from the secretary that there is good cause to continue the registration period, as defined by the secretary in rule. (2) No person may practice or represent oneself as a nursing technician by use of any title or description of services without being registered under this chapter, unless otherwise exempted by this chapter. (3) The commission may adopt rules to implement chapter 258, Laws of 2003. [2003 c 258 § 2.] 18.79.340 Severability—Effective date—2003 c 258: See notes following RCW 18.79.330. 18.79.350 Nursing technicians—Nursing functions. (1) Nursing technicians are authorized to perform specific nursing functions within the limits of their education, up to their skill and knowledge, but they may not: (a) Administer chemotherapy, blood or blood products, intravenous medications, or scheduled drugs, or carry out procedures on central lines; (b) Assume ongoing responsibility for assessments, planning, implementation, or evaluation of the care of patients; (c) Function independently, act as a supervisor, or delegate tasks to licensed practical nurses, nursing assistants, or unlicensed personnel; or (d) Perform or attempt to perform nursing techniques or procedures for which the nursing technician lacks the appropriate knowledge, experience, and education. (2) Nursing technicians may function only under the direct supervision of a registered nurse who agrees to act as supervisor and is immediately available to the nursing technician. The supervising registered nurse must have an unre18.79.350 [Title 18 RCW—page 226] stricted license with at least two years of clinical practice in the setting where the nursing technician works. (3) Nursing technicians may only perform specific nursing functions based upon and limited to their education and when they have demonstrated the ability and been verified to safely perform these functions by the nursing program in which the nurse technician is enrolled. The nursing program providing verification is immune from liability for any nursing function performed or not performed by the nursing technician. (4) Nursing technicians are responsible and accountable for their specific nursing functions. [2003 c 258 § 3.] Severability—Effective date—2003 c 258: See notes following RCW 18.79.330. 18.79.360 Applications for registration as a nursing technician—Fee. (1) Applications for registration must be submitted on forms provided by the secretary. The secretary may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria for registration provided for in chapter 18.130 RCW. Each applicant shall pay a fee determined by the secretary under RCW 43.70.250. The fee must accompany the application. (2) An applicant for registration as a nursing technician shall submit: (a) A signed statement from the applicant’s nursing program verifying enrollment in, or graduation from, the nursing program; and (b) A signed statement from the applicant’s employer certifying that the employer understands the role of the nursing technician and agrees to meet the requirements of subsection (4) of this section. (3) The secretary shall issue a registration to an applicant who has met the requirements for registration or deny a registration to an applicant who does not meet the requirements, except that proceedings concerning the denial of registration based on unprofessional conduct or impairment are governed by the uniform disciplinary act, chapter 18.130 RCW. (4) The employer: (a) Shall not require the nursing technician to work beyond his or her education and training; (b) Shall verify that the nursing technician continues to qualify as a nursing technician as described in RCW 18.79.340; (c) Shall advise the department and nursing program of any practice-related action taken against the nursing technician; (d) Shall maintain documentation of the specific nursing functions the nursing technician is authorized to perform; and (e) Shall provide training regarding the provisions of chapter 258, Laws of 2003, including procedures for filing a complaint with the department of health or the department of social and health services concerning violations of chapter 258, Laws of 2003, to all nursing technicians and registered nurses who shall supervise nursing technicians and document the training and make it available for any inspection or survey. [2003 c 258 § 4.] 18.79.360 Severability—Effective date—2003 c 258: See notes following RCW 18.79.330. (2008 Ed.) Nursing Care 18.79.370 Nursing technicians—Registration renewal. The secretary shall establish by rule the procedural requirements and fees for renewal of the registration. Failure to renew invalidates the registration and all privileges granted by the registration. For renewal of registration, a nursing technician must attest that he or she continues to qualify as a nursing technician as described in RCW 18.79.340. [2003 c 258 § 5.] 18.79.370 Severability—Effective date—2003 c 258: See notes following RCW 18.79.330. 18.79.380 Licensed practical nurse/nontraditional registered nurse program—Obtaining required clinical experience. A licensed practical nurse with an active license who has completed the coursework of a nontraditional registered nurse program approved by the commission can obtain the required clinical experience when: (1) The experience is obtained under the immediate supervision of a registered nurse who agrees to act as the preceptor with the understanding that the licensed practical nurse is practicing under the preceptor’s registered nurse license. The preceptor must have an unrestricted license with at least two years of clinical practice in the same type of practice setting where the preceptorship will occur; and (2) the experience is obtained within six months of completion of the approved nontraditional program. [2004 c 262 § 7.] 18.79.380 Findings—2004 c 262: See note following RCW 18.06.050. 18.79.390 Pilot project—Commission—Authority over budget. (1) The commission shall conduct a pilot project to evaluate the effect of granting the commission additional authority over budget development, spending, and staffing. The pilot project shall begin on July 1, 2008, and conclude on June 30, 2013. (2) The pilot project shall include the following provisions: (a) That the secretary shall employ an executive director that is: (i) Hired by and serves at the pleasure of the commission; (ii) Exempt from the provisions of the civil service law, chapter 41.06 RCW and whose salary is established by the commission in accordance with RCW 43.03.028 and 42.17.370; and (iii) Responsible for performing all administrative duties of the commission, including preparing an annual budget, and any other duties as delegated to the executive director by the commission; (b) Consistent with the budgeting and accounting act: (i) With regard to budget for the remainder of the 20072009 biennium, the commission has authority to spend the remaining funds allocated with respect to advanced registered nurses, registered nurses, and licensed practical nurses regulated under this chapter; and (ii) Beginning with the 2009-2011 biennium, the commission is responsible for proposing its own biennial budget which the secretary must submit to the office of financial management; (c) That, prior to adopting credentialing fees under RCW 43.70.250, the secretary shall collaborate with the commis18.79.390 (2008 Ed.) 18.79.390 sion to determine the appropriate fees necessary to support the activities of the commission; (d) That, prior to the secretary exercising the secretary’s authority to adopt uniform rules and guidelines, or any other actions that might impact the licensing or disciplinary authority of the commission, the secretary shall first meet with the commission to determine how those rules or guidelines, or changes to rules or guidelines, might impact the commission’s ability to effectively carry out its statutory duties. If the commission, in consultation with the secretary, determines that the proposed rules or guidelines, or changes to existing rules or guidelines, will negatively impact the commission’s ability to effectively carry out its statutory duties, then the individual commission shall collaborate with the secretary to develop alternative solutions to mitigate the impacts. If an alternative solution cannot be reached, the parties may resolve the dispute through a mediator as set forth in (f) of this subsection; (e) That the commission shall negotiate with the secretary to develop performance-based expectations, including identification of key performance measures. The performance expectations should focus on consistent, timely regulation of health care professionals; and (f) That in the event there is a disagreement between the commission and the secretary, that is unable to be resolved through negotiation, a representative of both parties shall agree on the designation of a third party to mediate the dispute. (3) By December 15, 2013, the secretary, the commission, and the other commissions conducting similar pilot projects under RCW 18.71.430, 18.25.210, and 18.32.765, shall report to the governor and the legislature on the results of the pilot project. The report shall: (a) Compare the effectiveness of licensing and disciplinary activities of each commission during the pilot project with the licensing and disciplinary activities of the commission prior to the pilot project and the disciplinary activities of other disciplining authorities during the same time period as the pilot project; (b) Compare the efficiency of each commission with respect to the timeliness and personnel resources during the pilot project to the efficiency of the commission prior to the pilot project and the efficiency of other disciplining authorities during the same period as the pilot project; (c) Compare the budgetary activity of each commission during the pilot project to the budgetary activity of the commission prior to the pilot project and to the budgetary activity of other disciplining authorities during the same period as the pilot project; (d) Evaluate each commission’s regulatory activities, including timelines, consistency of decision making, and performance levels in comparison to other disciplining authorities; and (e) Review summaries of national research and data regarding regulatory effectiveness and patient safety. (4) The secretary shall employ staff that are hired and managed by the executive director provided that nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement. [2008 c 134 § 30.] [Title 18 RCW—page 227] 18.79.900 Title 18 RCW: Businesses and Professions Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020. 18.79.900 Severability—1994 sp.s. c 9. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1994 sp.s. c 9 § 904.] 18.79.900 18.79.901 Headings and captions not law—1994 sp.s. c 9. Headings and captions used in this act constitute no part of the law. [1994 sp.s. c 9 § 905.] 18.79.901 18.79.902 Effective date—1994 sp.s. c 9. This act takes effect July 1, 1994. [1994 sp.s. c 9 § 906.] 18.79.902 Chapter 18.83 Chapter 18.83 RCW PSYCHOLOGISTS Sections 18.83.005 18.83.010 18.83.020 18.83.035 18.83.045 18.83.050 18.83.051 18.83.054 18.83.060 18.83.070 18.83.072 18.83.080 18.83.082 18.83.090 18.83.105 18.83.110 18.83.115 18.83.121 18.83.135 18.83.155 18.83.170 18.83.180 18.83.190 18.83.200 18.83.210 18.83.900 Regulation of health care professions—Criteria. Definitions. License required—Use of "psychology" or similar terms. Examining board—Composition—Terms—Chairperson. Examining board—Generally. Examining board—Powers and duties. Examining board—Compensation and travel expenses. Application of uniform disciplinary act. Application, examination—Fees. Applicants—Qualifications—Examination. Examinations. Licenses—Issuance—Display. Temporary permit. Continuing education requirements—License renewal. Certificates of qualification. Privileged communications. Duty to disclose information to client. Unprofessional conduct. Examining board—Powers and duties. Examining board—Notice of disciplinary action. License without oral examination. Penalties. Injunction. Exemptions. Certain counseling or guidance not prohibited. Severability—1965 c 70. Health professions account—Fees credited—Requirements for biennial budget request—Unappropriated funds: RCW 43.70.320. 18.83.005 Regulation of health care professions— Criteria. See chapter 18.120 RCW. 18.83.005 18.83.010 Definitions. When used in this chapter: (1) The "practice of psychology" means the observation, evaluation, interpretation, and modification of human behavior by the application of psychological principles, methods, and procedures for the purposes of preventing or eliminating symptomatic or maladaptive behavior and promoting mental and behavioral health. It includes, but is not limited to, providing the following services to individuals, families, groups, organizations, and the public, whether or not payment is received for services rendered: (a) Psychological measurement, assessment, and evaluation by means of psychological, neuropsychological, and psychoeducational testing; 18.83.010 [Title 18 RCW—page 228] (b) Diagnosis and treatment of mental, emotional, and behavioral disorders, and psychological aspects of illness, injury, and disability; and (c) Counseling and guidance, psychotherapeutic techniques, remediation, health promotion, and consultation within the context of established psychological principles and theories. This definition does not include the teaching of principles of psychology for accredited educational institutions, or the conduct of research in problems of human or animal behavior. Nothing in this definition shall be construed as permitting the administration or prescribing of drugs or in any way infringing upon the practice of medicine and surgery as defined in chapter 18.71 RCW. (2) "Secretary" means the secretary of health. (3) "Board" means the examining board of psychology. (4) "Department" means the department of health. [1994 c 35 § 1; 1991 c 3 § 193; 1984 c 279 § 75; 1979 c 158 § 67; 1965 c 70 § 1; 1955 c 305 § 1.] Severability—1984 c 279: See RCW 18.130.901. 18.83.020 License required—Use of "psychology" or similar terms. (1) To safeguard the people of the state of Washington from the dangers of unqualified and improper practice of psychology, it is unlawful for any person to whom this chapter applies to represent himself or herself to be a psychologist without first obtaining a license as provided in this chapter. (2) A person represents himself or herself to be a psychologist when the person adopts or uses any title or any description of services which incorporates one or more of the following terms: "psychology," "psychological," "psychologist," or any term of like import. [1986 c 27 § 1; 1965 c 70 § 2; 1955 c 305 § 2.] 18.83.020 18.83.035 Examining board—Composition— Terms—Chairperson. There is created the examining board of psychology which shall examine the qualifications of applicants for licensing. The board shall consist of seven psychologists and two public members, all appointed by the governor. The public members shall not be and have never been psychologists or in training to be psychologists; they may not have any household member who is a psychologist or in training to be a psychologist; they may not participate or ever have participated in a commercial or professional field related to psychology, nor have a household member who has so participated; and they may not have had within two years before appointment a substantial financial interest in a person regulated by the board. Each psychologist member of the board shall be a citizen of the United States who has actively practiced psychology in the state of Washington for at least three years immediately preceding appointment and who is licensed under this chapter. Board members shall be appointed for a term of five years, except that the terms of the existing appointees shall be adjusted by the governor so that no more than two members’ terms expire each year with all subsequent appointments for a five-year term. Upon the death, resignation, or removal of a member, the governor shall appoint a successor to serve for the unexpired term. The 18.83.035 (2008 Ed.) Psychologists board shall elect one of its members to serve as chairperson. [1989 c 226 § 1; 1986 c 27 § 2; 1984 c 279 § 76.] Severability—1984 c 279: See RCW 18.130.901. 18.83.045 Examining board—Generally. The board shall meet at least once each year and at such other times as the board deems appropriate to properly discharge its duties. All meetings shall be held in Olympia, Washington, or such other places as may be designated by the secretary. Five members of the board shall constitute a quorum, except that oral examinations may be conducted with only three psychologist members. [1991 c 3 § 195; 1984 c 279 § 77.] 18.83.045 Severability—1984 c 279: See RCW 18.130.901. 18.83.050 Examining board—Powers and duties. (1) The board shall adopt such rules as it deems necessary to carry out its functions. (2) The board shall examine the qualifications of applicants for licensing under this chapter, to determine which applicants are eligible for licensing under this chapter and shall forward to the secretary the names of applicants so eligible. (3) The board shall administer examinations to qualified applicants on at least an annual basis. The board shall determine the subject matter and scope of the examination, except as provided in RCW 18.83.170. The board may allow applicants to take the examination upon the granting of their doctoral degree before completion of their internship for supervised experience. (4) The board shall keep a complete record of its own proceedings, of the questions given in examinations, of the names and qualifications of all applicants, and the names and addresses of all licensed psychologists. The examination paper of such applicant shall be kept on file for a period of at least one year after examination. (5) The board shall, by rule, adopt a code of ethics for psychologists which is designed to protect the public interest. (6) The board may require that persons licensed under this chapter as psychologists obtain and maintain professional liability insurance in amounts determined by the board to be practicable and reasonably available. [2004 c 262 § 8; 1994 c 35 § 2; 1991 c 3 § 196; 1986 c 27 § 3; 1984 c 279 § 78; 1965 c 70 § 5; 1955 c 305 § 5.] 18.83.050 Findings—2004 c 262: See note following RCW 18.06.050. Severability—1984 c 279: See RCW 18.130.901. 18.83.051 Examining board—Compensation and travel expenses. Each member of the board shall be compensated in accordance with RCW 43.03.240 and in addition thereto shall be reimbursed for travel expenses incurred in carrying out the duties of the board in accordance with RCW 43.03.050 and 43.03.060. [1984 c 287 § 48; 1983 c 168 § 10; 1975-’76 2nd ex.s. c 34 § 48; 1969 ex.s. c 199 § 19; 1965 c 70 § 21.] 18.83.051 Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. Severability—1983 c 168: See RCW 18.120.910. 18.83.080 18.83.054 Application of uniform disciplinary act. (1) The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter, except that the term "unlicensed practice" shall be defined by RCW 18.83.180 rather than RCW 18.130.020. (2) A person who holds a license under this chapter is subject to the uniform disciplinary act, chapter 18.130 RCW, at all times the license is maintained. [1999 c 66 § 1; 1987 c 150 § 51.] 18.83.054 Severability—1987 c 150: See RCW 18.122.901. 18.83.060 Application, examination—Fees. Administrative procedures, administrative requirements, and fees for applications and examinations shall be established as provided in RCW 43.70.250 and 43.70.280. [1996 c 191 § 64; 1991 c 3 § 197; 1984 c 279 § 79; 1975 1st ex.s. c 30 § 72; 1965 c 70 § 6; 1955 c 305 § 6.] 18.83.060 Severability—1984 c 279: See RCW 18.130.901. 18.83.070 Applicants—Qualifications—Examination. An applicant for a license as "psychologist" must submit proof to the board that: (1) The applicant is of good moral character. (2) The applicant holds a doctoral degree from a regionally accredited institution, obtained from an integrated program of graduate study in psychology as defined by rules of the board. (3) The applicant has had no fewer than two years of supervised experience. The board shall adopt rules defining the circumstances under which supervised experience shall qualify the candidate for licensure. (4) The applicant has passed the examination or examinations required by the board. Any person holding a valid license to practice psychology in the state of Washington on June 7, 1984, shall be considered licensed under this chapter. [2004 c 262 § 9; 1995 c 198 § 11; 1984 c 279 § 80; 1965 c 70 § 7; 1955 c 305 § 7.] 18.83.070 Findings—2004 c 262: See note following RCW 18.06.050. Severability—1984 c 279: See RCW 18.130.901. 18.83.072 Examinations. (1) Examination of applicants shall be held in Olympia, Washington, or at such other place as designated by the secretary, at least annually at such times as the board may determine. (2) Any applicant who fails to make a passing grade on the examination may be allowed to retake the examination. Any applicant who fails the examination a second time must obtain special permission from the board to take the examination again. (3) The board may approve an examination prepared or administered by a private testing agency or association of licensing authorities. [2004 c 262 § 10; 1996 c 191 § 65; 1995 c 198 § 12; 1991 c 3 § 198; 1984 c 279 § 81; 1971 ex.s. c 266 § 15; 1965 c 70 § 20.] 18.83.072 Findings—2004 c 262: See note following RCW 18.06.050. Severability—1984 c 279: See RCW 18.130.901. 18.83.080 Licenses—Issuance—Display. The board shall forward to the secretary the name of each applicant enti18.83.080 Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. (2008 Ed.) [Title 18 RCW—page 229] 18.83.082 Title 18 RCW: Businesses and Professions tled to a license under this chapter. The secretary shall promptly issue to such applicant a license authorizing such applicant to use the title "psychologist". Each licensed psychologist shall keep his or her license displayed in a conspicuous place in his or her principal place of business. [1996 c 191 § 66; 1991 c 3 § 199; 1986 c 27 § 4; 1965 c 70 § 8; 1955 c 305 § 8.] (8) and (9). [2005 c 504 § 706; 1989 c 271 § 303; 1987 c 439 § 12; 1965 c 70 § 11; 1955 c 305 § 11.] Findings—Intent—Severability—Application—Construction— Captions, part headings, subheadings not law—Adoption of rules— Effective dates—2005 c 504: See notes following RCW 71.05.027. Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020. Severability—1989 c 271: See note following RCW 9.94A.510. 18.83.082 Temporary permit. A person, not licensed in this state, who wishes to perform practices under the provisions of this chapter for a period not to exceed ninety days within a calendar year, must petition the board for a temporary permit to perform such practices. If the person is licensed or certified in another state deemed by the board to have standards equivalent to this chapter, or if the person is a member of a professional organization and holds a certificate deemed by the board to meet standards equivalent to this chapter, a permit may be issued. No fee shall be charged for such temporary permit. [2004 c 262 § 11; 1996 c 191 § 67; 1984 c 279 § 82; 1975 1st ex.s. c 30 § 73; 1965 c 70 § 23.] 18.83.082 Findings—2004 c 262: See note following RCW 18.06.050. Severability—1984 c 279: See RCW 18.130.901. 18.83.090 Continuing education requirements— License renewal. The board shall establish rules governing mandatory continuing education requirements which shall be met by any psychologist applying for a license renewal. Administrative procedures, administrative requirements, and fees for renewal and reissue of licenses shall be established as provided in RCW 43.70.250 and 43.70.280. [1996 c 191 § 68; 1991 c 3 § 200; 1984 c 279 § 83; 1977 c 58 § 1; 1975 1st ex.s. c 30 § 74; 1971 ex.s. c 266 § 16; 1965 c 70 § 9; 1955 c 305 § 9.] 18.83.090 Severability—1984 c 279: See RCW 18.130.901. 18.83.105 Certificates of qualification. The board may issue certificates of qualification with appropriate title to applicants who meet all the licensing requirements except the possession of the degree of Doctor of Philosophy or its equivalent in psychology from an accredited educational institution. These certificates of qualification certify that the holder has been examined by the board and is deemed competent to perform certain functions within the practice of psychology under the periodic direct supervision of a psychologist licensed by the board. Such functions will be specified on the certificate issued by the board. Such applicant shall comply with administrative procedures, administrative requirements, and fees determined under RCW 43.70.250 and 43.70.280. Upon petition by a holder the board of examiners may grant authority to function without immediate supervision. [1996 c 191 § 69; 1991 c 3 § 201; 1985 c 7 § 67; 1975 1st ex.s. c 30 § 75; 1965 c 70 § 22.] 18.83.105 18.83.110 Privileged communications. Confidential communications between a client and a psychologist shall be privileged against compulsory disclosure to the same extent and subject to the same conditions as confidential communications between attorney and client, but this exception is subject to the limitations under RCW 70.96A.140 and 71.05.360 18.83.110 [Title 18 RCW—page 230] 18.83.115 Duty to disclose information to client. (1) Psychologists licensed under this chapter shall provide clients at the commencement of any program of treatment with accurate disclosure information concerning their practice, in accordance with guidelines developed by the board, which will inform clients of the purposes of and resources available under this chapter, including the right of clients to refuse treatment, the responsibility of clients for choosing the provider and treatment modality which best suits their needs, and the extent of confidentiality provided by this chapter. The disclosure information provided by the psychologist, the receipt of which shall be acknowledged in writing by the psychologist and client, shall include any relevant education and training, the therapeutic orientation of the practice, the proposed course of treatment where known, any financial requirements, and such other information as the board may require by rule. (2) In in-patient settings, the health facility shall provide clients with the disclosure statement at the commencement of any program of treatment, and shall post the statement in a conspicuous location accessible to the client. (3) The board shall provide for modification of the guidelines as appropriate in cases where the client has been referred by the court, a state agency, or other governmental body to a particular provider for specified evaluation or treatment. [1986 c 27 § 9.] 18.83.115 18.83.121 Unprofessional conduct. In addition to those acts defined in chapter 18.130 RCW, the board may take disciplinary action under RCW 18.130.160 for the following reasons: (1) Failing to maintain the confidentiality of information under RCW 18.83.110; (2) Violating the ethical code developed by the board under RCW 18.83.050; (3) Failing to inform prospective research subjects or their authorized representatives of the possible serious effects of participation in research; and failing to undertake reasonable efforts to remove possible harmful effects of participation; (4) Practicing in an area of psychology for which the person is clearly untrained or incompetent; (5) Failing to exercise appropriate supervision over persons who practice under the supervision of a psychologist; (6) Using fraud or deceit in the procurement of the psychology license, or knowingly assisting another in the procurement of such a license through fraud or deceit; (7) Failing to maintain professional liability insurance when required by the board; (8) Violating any state statute or administrative rule specifically governing the practice of psychology; or 18.83.121 (2008 Ed.) Psychologists (9) Gross, wilful, or continued overcharging for professional services. [1987 c 150 § 52.] Severability—1987 c 150: See RCW 18.122.901. 18.83.135 Examining board—Powers and duties. In addition to the authority prescribed under RCW 18.130.050, the board shall have the following authority: (1) To maintain records of all activities, and to publish and distribute to all psychologists at least once each year abstracts of significant activities of the board; (2) To obtain the written consent of the complaining client or patient or their legal representative, or of any person who may be affected by the complaint, in order to obtain information which otherwise might be confidential or privileged; and (3) To apply the provisions of the uniform disciplinary act, chapter 18.130 RCW, to all persons licensed as psychologists under this chapter. [2000 c 93 § 7; 1999 c 66 § 2; 1994 c 35 § 4; 1992 c 12 § 1; 1987 c 150 § 53; 1984 c 279 § 86.] 18.83.135 Severability—1987 c 150: See RCW 18.122.901. Severability—1984 c 279: See RCW 18.130.901. 18.83.155 Examining board—Notice of disciplinary action. The board shall report to appropriate national and state organizations which represent the profession of psychology any disciplinary action. [1994 c 35 § 5; 1987 c 150 § 54; 1984 c 279 § 89.] 18.83.155 Severability—1987 c 150: See RCW 18.122.901. Severability—1984 c 279: See RCW 18.130.901. 18.83.170 License without oral examination. Upon compliance with administrative procedures, administrative requirements, and fees determined under RCW 43.70.250 and 43.70.280, the board may grant a license, without oral examination, to any applicant who has not previously failed any examination held by the board of psychology of the state of Washington and furnishes evidence satisfactory to the board that the applicant: (1) Holds a doctoral degree with primary emphasis on psychology from an accredited college or university; and (2)(a) Is licensed or certified to practice psychology in another state or country in which the requirements for such licensing or certification are, in the judgment of the board, essentially equivalent to those required by this chapter and the rules and regulations of the board. Such individuals must have been licensed or certified in another state for a period of at least two years; or (b) Is a diplomate in good standing of the American Board of Examiners in Professional Psychology; or (c) Is a member of a professional organization and holds a certificate deemed by the board to meet standards equivalent to this chapter. [2004 c 262 § 12; 1996 c 191 § 70; 1991 c 3 § 202; 1984 c 279 § 92; 1975 1st ex.s. c 30 § 76; 1965 c 70 § 17; 1955 c 305 § 17.] 18.83.170 Findings—2004 c 262: See note following RCW 18.06.050. Severability—1984 c 279: See RCW 18.130.901. 18.83.180 Penalties. It shall be a gross misdemeanor and unlicensed practice for any person to: 18.83.180 (2008 Ed.) 18.83.200 (1) Use in connection with his or her name any designation tending to imply that he or she is a licensed psychologist unless duly licensed under or specifically excluded from the provisions of this chapter; (2) Practice as a licensed psychologist during the time his or her license issued under the provisions of this chapter is suspended or revoked. [1987 c 150 § 55; 1965 c 70 § 18; 1955 c 305 § 18.] Severability—1987 c 150: See RCW 18.122.901. 18.83.190 Injunction. If any person represents himself or herself to be a psychologist, unless the person is exempt from the provisions of this chapter, without possessing a valid license, certificated qualification, or a temporary permit to do so, or if he or she violates any of the provisions of this chapter, any prosecuting attorney, the secretary, or any citizen of the same county may maintain an action in the name of the state to enjoin such person from representing himself or herself as a psychologist. The injunction shall not relieve the person from criminal prosecution, but the remedy by injunction shall be in addition to the liability of such offender to criminal prosecution and to suspension or revocation of his or her license. [1991 c 3 § 203; 1986 c 27 § 8; 1965 c 70 § 24.] 18.83.190 18.83.200 Exemptions. This chapter shall not apply to: (1) Any person teaching, lecturing, consulting, or engaging in research in psychology but only insofar as such activities are performed as a part of or are dependent upon a position in a college or university in the state of Washington. (2) Any person who holds a valid school psychologist credential from the Washington professional educator standards board but only when such a person is practicing psychology in the course of his or her employment. (3) Any person employed by a local, state, or federal government agency whose psychologists must qualify for employment under federal or state certification or civil service regulations; but only at those times when that person is carrying out the functions of his or her employment. (4) Any person who must qualify under the employment requirements of a business or industry and who is employed by a business or industry which is not engaged in offering psychological services to the public, but only when such person is carrying out the functions of his or her employment: PROVIDED, That no person exempt from licensing under this subsection shall engage in the clinical practice of psychology. (5) Any person who is a student of psychology, psychological intern, or resident in psychology preparing for the profession of psychology under supervision in a training institution or facilities and who is designated by the title such as "psychological trainee," "psychology student," which thereby indicates his or her training status. (6) Any person who has received a doctoral degree from an accredited institution of higher learning with an adequate major in sociology or social psychology as determined by the board and who has passed comprehensive examinations in the field of social psychology as part of the requirements for the doctoral degree. Such persons may use the title "social psychologist" provided that they file a statement of their edu18.83.200 [Title 18 RCW—page 231] 18.83.210 Title 18 RCW: Businesses and Professions cation with the board. [2006 c 263 § 803; 1986 c 27 § 10; 1965 c 70 § 19.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 18.83.210 Certain counseling or guidance not prohibited. Nothing in this chapter shall be construed as prohibiting any individual from offering counseling or guidance provided that such individuals do not hold themselves forth as psychologists. [1965 c 70 § 25.] 18.83.210 18.83.900 Severability—1965 c 70. If any provision of this 1965 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the 1965 amendatory act, or the application of the provision to other persons or circumstances is not affected. [1965 c 70 § 26.] 18.83.900 Chapter 18.84 Chapter 18.84 RCW RADIOLOGIC TECHNOLOGISTS Sections 18.84.010 18.84.020 18.84.030 18.84.040 18.84.050 18.84.070 18.84.080 18.84.090 18.84.100 18.84.110 18.84.120 18.84.123 18.84.130 18.84.140 18.84.150 18.84.160 18.84.170 18.84.180 18.84.901 18.84.902 18.84.903 Legislative intent—Insurance coverage not required. Definitions. Registration or certificate required. Powers of secretary—Application of uniform disciplinary act—Ad hoc advisers. Record of proceedings. Secretary and ad hoc committee immune from liability. Certification—Qualifications. Certification—Approval of schools and training. Certification—Application form—Fee. Renewal of certificates. Registration—Fee—Requirements. Application, certification, and renewal fees. Educational material. Application of chapter—Exemption for authorized scope of practice. Application of chapter—Exemption for dentists. Application of chapter—Exemption for chiropractors. Registration deadline. Unprofessional conduct. Effective date—1987 c 412. Severability—1987 c 412. Effective date—1991 c 222. Regulation of health professions—Criteria: Chapter 18.120 RCW. 18.84.010 Legislative intent—Insurance coverage not required. It is the intent and purpose of this chapter to protect the public by the certification and registration of practitioners of radiological technology. By promoting high standards of professional performance, by requiring professional accountability, and by credentialing those persons who seek to provide radiological technology under the title of radiologic technologists, and by regulating all persons utilizing ionizing radiation on human beings this chapter identifies those practitioners who have achieved a particular level of competency. Nothing in this chapter shall be construed to require that individual or group policies or contracts of an insurance carrier, health care service contractor, or health maintenance organization provide benefits or coverage for services and supplies provided by a person certified under this chapter. The legislature finds and declares that this chapter conforms to the guidelines, terms, and definitions for the credentialing of health or health-related professions specified under 18.84.010 [Title 18 RCW—page 232] chapter 18.120 RCW. [2008 c 246 § 1; 1991 c 222 § 1; 1987 c 412 § 1.] 18.84.020 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Department" means the department of health. (2) "Secretary" means the secretary of health. (3) "Licensed practitioner" means any licensed health care practitioner performing services within the person’s authorized scope of practice. (4) "Radiologic technologist" means an individual certified under this chapter, other than a licensed practitioner, who practices radiologic technology as a: (a) Diagnostic radiologic technologist, who is a person who actually handles X-ray equipment in the process of applying radiation on a human being for diagnostic purposes at the direction of a licensed practitioner, this includes parenteral procedures related to radiologic technology when performed under the direct supervision of a physician licensed under chapter 18.71 or 18.57 RCW; (b) Therapeutic radiologic technologist, who is a person who uses radiation-generating equipment for therapeutic purposes on human subjects at the direction of a licensed practitioner, this includes parenteral procedures related to radiologic technology when performed under the direct supervision of a physician licensed under chapter 18.71 or 18.57 RCW; (c) Nuclear medicine technologist, who is a person who prepares radiopharmaceuticals and administers them to human beings for diagnostic and therapeutic purposes and who performs in vivo and in vitro detection and measurement of radioactivity for medical purposes at the direction of a licensed practitioner; or (d) Radiologist assistant, who is an advanced-level certified diagnostic radiologic technologist who assists radiologists by performing advanced diagnostic imaging procedures as determined by rule under levels of supervision defined by the secretary, this includes but is not limited to enteral and parenteral procedures when performed under the direction of the supervising radiologist, and that these procedures may include injecting diagnostic agents to sites other than intravenous, performing diagnostic aspirations and localizations, and assisting radiologists with other invasive procedures. (5) "Approved school of radiologic technology" means a school of radiologic technology or radiologist assistant program approved by the secretary or a school found to maintain the equivalent of such a course of study as determined by the department. Such school may be operated by a medical or educational institution, and for the purpose of providing the requisite clinical experience, shall be affiliated with one or more general hospitals. (6) "Approved radiologist assistant program" means a school approved by the secretary. The secretary may recognize other organizations that establish standards for radiologist assistant programs and designate schools that meet the organization’s standards as approved. (7) "Radiologic technology" means the use of ionizing radiation upon a human being for diagnostic or therapeutic purposes. 18.84.020 (2008 Ed.) Radiologic Technologists (8) "Radiologist" means a physician certified by the American board of radiology or the American osteopathic board of radiology. (9) "Registered X-ray technician" means a person who is registered with the department, and who applies ionizing radiation at the direction of a licensed practitioner and who does not perform parenteral procedures. [2008 c 246 § 2; 2000 c 93 § 42; 1994 sp.s. c 9 § 505; 1991 c 222 § 2; 1991 c 3 § 204; 1987 c 412 § 3.] Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.84.030 Registration or certificate required. No person may practice radiologic technology without being registered or certified under this chapter, unless that person is a licensed practitioner as defined in RCW 18.84.020(3). A person represents himself or herself to the public as a certified radiologic technologist when that person adopts or uses a title or description of services that incorporates one or more of the following items or designations: (1) Certified radiologic technologist or CRT, for persons so certified under this chapter; (2) Certified radiologic therapy technologist, CRTT, or CRT, for persons certified in the therapeutic field; (3) Certified radiologic diagnostic technologist, CRDT, or CRT, for persons certified in the diagnostic field; (4) Certified nuclear medicine technologist, CNMT, or CRT, for persons certified as nuclear medicine technologists; or (5) Certified radiologist assistant or CRA for persons certified as radiologist assistants. [2008 c 246 § 3; 1991 c 222 § 3; 1987 c 412 § 2.] 18.84.030 18.84.040 Powers of secretary—Application of uniform disciplinary act—Ad hoc advisers. (1) In addition to any other authority provided by law, the secretary may: (a) Adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this chapter; (b) Set all registration, certification, and renewal fees in accordance with RCW 43.70.250; (c) Establish forms and procedures necessary to administer this chapter; (d) Evaluate and designate those schools from which graduation will be accepted as proof of an applicant’s eligibility to receive a certificate; (e) Determine whether alternative methods of training are equivalent to formal education, and to establish forms, procedures, and criteria for evaluation of an applicant’s alternative training to determine the applicant’s eligibility to receive a certificate; (f) Issue a certificate to any applicant who has met the education, training, examination, and conduct requirements for certification; and (g) Issue a registration to an applicant who meets the requirement for a registration. (2) The secretary may hire clerical, administrative, and investigative staff as needed to implement this chapter. (3) The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of registrations and certifications, unregistered and uncertified practice, and the discipline 18.84.040 (2008 Ed.) 18.84.090 of registrants and certificants under this chapter. The secretary is the disciplining authority under this chapter. (4) The secretary may appoint ad hoc members of the profession to serve in an ad hoc advisory capacity to the secretary in carrying out this chapter. The members will serve for designated times and provide advice on matters specifically identified and requested by the secretary. The members shall be compensated in accordance with RCW 43.03.220 and reimbursed for travel expenses under RCW 43.03.040 and 43.03.060. [2008 c 246 § 4; 1994 sp.s. c 9 § 506; 1991 c 222 § 11; 1991 c 3 § 205; 1987 c 412 § 5.] Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.84.050 Record of proceedings. The secretary shall keep an official record of all proceedings, a part of which record shall consist of a register of all applicants for certification under this chapter, with the result of each application. [1991 c 3 § 206; 1987 c 412 § 6.] 18.84.050 18.84.070 Secretary and ad hoc committee immune from liability. The secretary, ad hoc committee members, or individuals acting on their behalf are immune from suit in any civil action based on any certification or disciplinary proceedings or other official acts performed in the course of their duties. [1994 sp.s. c 9 § 507; 1991 c 3 § 208; 1987 c 412 § 8.] 18.84.070 Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.84.080 Certification—Qualifications. (1) The secretary shall issue a certificate to any applicant who demonstrates to the secretary’s satisfaction, that the following requirements have been met to practice as: (a) A diagnostic radiologic technologist, therapeutic radiologic technologist, or nuclear medicine technologist: (i) Graduation from an approved school or successful completion of alternate training that meets the criteria established by the secretary; (ii) Satisfactory completion of a radiologic technologist examination approved by the secretary; and (iii) Good moral character; or (b) A radiologist assistant: (i) Satisfactory completion of an approved radiologist assistant program; (ii) Satisfactory completion of a radiologist assistant examination approved by the secretary; and (iii) Good moral character. (2) Applicants shall be subject to the grounds for denial or issuance of a conditional license under chapter 18.130 RCW. (3) The secretary shall establish by rule what constitutes adequate proof of meeting the requirements for certification and for designation of certification in a particular field of radiologic technology. [2008 c 246 § 5; 1991 c 3 § 209; 1987 c 412 § 9.] 18.84.080 18.84.090 Certification—Approval of schools and training. The secretary shall establish by rule the standards and procedures for approval of schools and alternate training, and may contract with individuals or organizations having expertise in the profession or in education to assist in evalu18.84.090 [Title 18 RCW—page 233] 18.84.100 Title 18 RCW: Businesses and Professions ating those applying for approval. The standards and procedures set shall apply equally to schools and training within the United States and those in foreign jurisdictions. [1994 sp.s. c 9 § 508; 1991 c 3 § 210; 1987 c 412 § 10.] Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.84.140 Application of chapter—Exemption for authorized scope of practice. Nothing in this chapter may be construed to prohibit or restrict the practice of a profession by a person who is either registered, certified, licensed, or similarly regulated under the laws of this state who is performing services within the person’s authorized scope of practice. [1991 c 222 § 6.] 18.84.140 18.84.100 18.84.100 Certification—Application form—Fee. Applications for certification must be submitted on forms provided by the secretary. The secretary may require any information and documentation that reasonably relates to the determination of whether the applicant meets the requirements for certification provided for in this chapter and chapter 18.130 RCW. Each applicant shall comply with administrative procedures, administrative requirements, and fees determined by the secretary as provided in RCW 43.70.250 and 43.70.280. [1996 c 191 § 71; 1991 c 3 § 211; 1987 c 412 § 11.] 18.84.110 18.84.110 Renewal of certificates. The secretary shall establish the administrative procedures, administrative requirements, and fees for renewal of certificates as provided in RCW 43.70.250 and 43.70.280. [1996 c 191 § 72; 1994 sp.s. c 9 § 509; 1991 c 3 § 212; 1987 c 412 § 12.] Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.84.120 18.84.120 Registration—Fee—Requirements. The secretary may issue a registration to an applicant who submits, on forms provided by the department, the applicant’s name, the address, occupational title, name and location of business where applicant performs his or her services, and other information as determined by the secretary, including information necessary to determine whether there are grounds for denial of registration under this chapter or chapter 18.130 RCW. Each applicant shall pay a fee as determined by the secretary as provided in RCW 43.70.250 and 43.70.280. The secretary shall establish the administrative procedures, administrative requirements, and fees for registration and for renewal of registrations as provided in RCW 43.70.250 and 43.70.280. [1996 c 191 § 73; 1991 c 222 § 4.] 18.84.123 18.84.123 Application, certification, and renewal fees. In accordance with RCW 43.135.055, the department may establish application, certification, and renewal fees as necessary to recover the cost of implementing chapter 246, Laws of 2008. [2008 c 285 § 14.] Intent—Captions not law—Effective date—2008 c 285: See notes following RCW 43.22.434. 18.84.130 18.84.130 Educational material. The secretary may provide educational materials and training to registered X-ray technicians, certified radiologic technologists, licensed practitioners and the public concerning, but not limited to, health risks associated with ionizing radiation, proper radiographic techniques, and X-ray equipment maintenance. The secretary may charge fees to recover the cost of providing educational materials and training. [1991 c 222 § 5.] [Title 18 RCW—page 234] 18.84.150 Application of chapter—Exemption for dentists. This chapter does not apply to practitioners licensed under chapter 18.32 RCW or unlicensed persons supervised by persons licensed under chapter 18.32 RCW. [1991 c 222 § 7.] 18.84.150 18.84.160 Application of chapter—Exemption for chiropractors. This chapter does not apply to practitioners licensed under chapter 18.25 RCW or unlicensed persons supervised by persons licensed under chapter 18.25 RCW. [1991 c 222 § 8.] 18.84.160 18.84.170 Registration deadline. Persons required to register under this chapter must be registered by January 1, 1992. [1991 c 222 § 10.] 18.84.170 18.84.180 Unprofessional conduct. It is unprofessional conduct under chapter 18.130 RCW for any person registered or certified under this chapter to interpret images, make diagnoses, prescribe medications or therapies, or perform other procedures that may be prohibited by rule. [2008 c 246 § 6.] 18.84.180 18.84.901 Effective date—1987 c 412. This act shall take effect October 1, 1987. [1987 c 412 § 17.] 18.84.901 18.84.902 Severability—1987 c 412. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1987 c 412 § 21.] 18.84.902 18.84.903 Effective date—1991 c 222. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991. [1991 c 222 § 14.] 18.84.903 Chapter 18.85 RCW REAL ESTATE BROKERS AND SALESPERSONS Chapter 18.85 Sections 18.85.010 18.85.011 18.85.021 18.85.025 18.85.030 18.85.031 18.85.035 18.85.040 18.85.041 18.85.045 Definitions. Definitions. Real estate commission created—Qualifications, terms, appointment of members—Vacancies. Commission—Compensation and travel expenses—Frequency of meetings. Employees. Commission—Educational conferences—Examinations of applicants for licenses. Commission—Home inspector referrals—Procedures. Director—General powers and duties. Director—General powers and duties. Director’s seal. (2008 Ed.) Real Estate Brokers and Salespersons 18.85.050 18.85.051 18.85.053 18.85.055 18.85.060 18.85.061 18.85.065 18.85.071 18.85.075 18.85.080 18.85.081 18.85.085 18.85.090 18.85.091 18.85.095 18.85.097 18.85.100 18.85.101 18.85.110 18.85.111 18.85.120 18.85.121 18.85.130 18.85.131 18.85.140 18.85.141 18.85.150 18.85.151 18.85.155 18.85.165 18.85.170 18.85.171 18.85.180 18.85.181 18.85.190 18.85.191 18.85.200 18.85.201 18.85.210 18.85.211 18.85.215 18.85.220 18.85.221 18.85.225 18.85.227 18.85.230 18.85.231 18.85.240 18.85.241 18.85.255 18.85.261 18.85.265 18.85.271 18.85.275 18.85.281 18.85.285 18.85.291 18.85.301 18.85.310 18.85.311 18.85.315 18.85.317 18.85.320 18.85.321 18.85.330 18.85.331 18.85.340 18.85.341 18.85.345 18.85.350 (2008 Ed.) Director and employees business interest prohibited. Publication of chapter—Distribution. Controlling interest in a real estate business—Prohibited practices. Licensure of state employees conducting real estate transactions. Director’s seal. License fees—Real estate commission account. Employees. Real estate commission created—Qualifications, terms, appointment of members—Vacancies. Director and employees business interest prohibited. Commission—Compensation and travel expenses. Licensure of town, city, or county employees conducting real estate transactions. Commission—Educational conferences—Examinations of applicants for licenses. Broker’s license—Requirements—Exception. Firm license—Requirements. Salespersons—Requirements—Renewal—Exception. Substitution of educational requirements—Rules. License required—Prerequisite to suit for commission. Broker’s license—Requirements—Renewal. Exemptions from licensing. Managing broker’s license—Requirements—Renewal. Applications—Conditions—Fees. Designated brokers—Registration—Endorsements. Examinations—Scope—Manual—Moneys from sale. Out-of-state licensees—Requirements in lieu of licensing. License fees—Expiration—Renewal—Identification cards. Substitution of educational requirements—Rules. Temporary permits. Exemptions from licensing. Responsibility for conduct of subordinates. Licenses—Continuing education. Licenses—Restrictions as to use—Exceptions. Applications—Conditions—Fees. Licenses—Office required—Display of license. Examinations—Sample questions—Scope—Moneys from sale. Licenses—Branch office. License fees—Expiration—Renewal—Identification cards— Background checks. Licenses—Change of location. Responsibility for conduct of subordinates. Publication of chapter—Distribution. Licenses—Renewal—Continuing education. Inactive licenses. License fees—Real estate commission account. Licenses—Names—Restrictions as to use. License suspension—Nonpayment or default on educational loan or scholarship. License suspension—Noncompliance with support order— Reissuance. Disciplinary action—Grounds. Licenses—Office or records depositories required—Record maintenance and production. Disciplinary action—Director’s delegation of authority. Licenses—Branch office. Licenses—Change of location. Disciplinary action—Hearing—Conduct of. Inactive licenses. Disciplinary action—Order—Appeal. Designated broker or managing broker—Authority and duties. Appeal—Transcript—Cost. Transactions and recordkeeping—Trust accounts—Requirements. Brokers and managing brokers—Termination of affiliation with firm—Notice. Sharing commissions. Broker’s records—Separate accounts—Interest-bearing trust accounts—Disposition of interest. Distribution of interest from brokers’ trust accounts. Distribution of interest from brokers’ trust accounts. Real estate education account. Salespersons, associate brokers—Termination of services. Real estate education program account. Sharing commissions. License required—Prerequisite to suit for commission. Violations—Penalty. License suspension—Nonpayment or default on educational loan or scholarship. Attorney general as legal advisor. Enforcement provisions. 18.85.351 18.85.361 18.85.370 18.85.380 18.85.390 18.85.400 18.85.401 18.85.411 18.85.420 18.85.430 18.85.440 18.85.450 18.85.451 18.85.460 18.85.461 18.85.470 18.85.471 18.85.480 18.85.481 18.85.520 18.85.530 18.85.540 18.85.550 18.85.560 18.85.900 18.85.910 18.85.920 18.85.930 18.85.010 License suspension—Noncompliance with support order— Reissuance. Disciplinary action—Grounds. Disciplinary action—Director’s delegation of authority. Disciplinary action—Hearing—Conduct of. Disciplinary action—Order—Appeal. Multiple listing associations—Entrance requirements. Appeal—Transcript—Cost. Violations—Penalty. Attorney general as legal advisor. Enforcement provisions. Uniform regulation of business and professions act. Land development representative—Registration—Minimum requirements. Fee assessed. Land development representative—Registration issued to employing broker—Display—Fee—Transferability— Period of validity. Washington real estate research account—Creation. Land development representative—Authorized activities— "Land development" defined. Real estate research center—Purpose. Land development representative—Responsibility of employing broker—Violations. Changes in licensing categories—Effect on status of proceedings, existing rules, forms, and licenses. Fee assessed. Washington real estate research account—Creation. Real estate research center—Purpose. Uniform regulation of business and professions act. Out-of-state broker/salesperson/associate broker—Requirements in lieu of licensing. Severability—1941 c 252. Severability—1951 c 222. Severability—1972 ex.s. c 139. Effective date—2008 c 23. Excise tax on real estate sales: Chapter 82.45 RCW. Real estate salesman or broker on commission not subject to unemployment compensation: RCW 50.04.230. 18.85.010 Definitions. (Effective until July 1, 2010.) In this chapter words and phrases have the following meanings unless otherwise apparent from the context: (1) "Real estate broker," or "broker," means a person, while acting for another for commissions or other compensation or the promise thereof, or a licensee under this chapter while acting in his or her own behalf, who: (a) Sells or offers for sale, lists or offers to list, buys or offers to buy real estate or business opportunities, or any interest therein, for others; (b) Negotiates or offers to negotiate, either directly or indirectly, the purchase, sale, exchange, lease, or rental of real estate or business opportunities, or any interest therein, for others; (c) Negotiates or offers to negotiate, either directly or indirectly, the purchase, sale, lease, or exchange of a manufactured or mobile home in conjunction with the purchase, sale, exchange, rental, or lease of the land upon which the manufactured or mobile home is, or will be, located; (d) Advertises or holds himself or herself out to the public by any oral or printed solicitation or representation that he or she is so engaged; or (e) Engages, directs, or assists in procuring prospects or in negotiating or closing any transaction which results or is calculated to result in any of these acts; (2) "Real estate salesperson" or "salesperson" means any natural person employed, either directly or indirectly, by a real estate broker, or any person who represents a real estate broker in the performance of any of the acts specified in subsection (1) of this section; 18.85.010 [Title 18 RCW—page 235] 18.85.011 Title 18 RCW: Businesses and Professions (3) An "associate real estate broker" is a person who has qualified as a "real estate broker" who works with a broker and whose license states that he or she is associated with a broker; (4) The word "person" as used in this chapter shall be construed to mean and include a corporation, limited liability company, limited liability partnership, or partnership, except where otherwise restricted; (5) "Business opportunity" shall mean and include business, business opportunity and good will of an existing business or any one or combination thereof; (6) "Commission" means the real estate commission of the state of Washington; (7) "Director" means the director of licensing; (8) "Real estate multiple listing association" means any association of real estate brokers: (a) Whose members circulate listings of the members among themselves so that the properties described in the listings may be sold by any member for an agreed portion of the commission to be paid; and (b) Which require in a real estate listing agreement between the seller and the broker, that the members of the real estate multiple listing association shall have the same rights as if each had executed a separate agreement with the seller; (9) "Clock hours of instruction" means actual hours spent in classroom instruction in any tax supported, public technical college, community college, or any other institution of higher learning or a correspondence course from any of the aforementioned institutions certified by such institution as the equivalent of the required number of clock hours, and the real estate commission may certify courses of instruction other than in the aforementioned institutions; (10) "Incapacitated" means the physical or mental inability to perform the duties of broker prescribed by this chapter; and (11) "Commercial real estate" means any parcel of real estate in this state other than real estate containing one to four residential units. "Commercial real estate" does not include a single-family residential lot or single-family residential units such as condominiums, townhouses, manufactured homes, or homes in a subdivision when sold, leased, or otherwise conveyed on a unit-by-unit basis, even when those units are part of a larger building or parcel of real estate, unless the property is sold or leased for a commercial purpose. [2003 c 201 § 1; 1998 c 46 § 2; 1997 c 322 § 1; 1987 c 332 § 1; 1981 c 305 § 1; 1979 c 158 § 68; 1977 ex.s. c 370 § 1; 1973 1st ex.s. c 57 § 1; 1972 ex.s. c 139 § 1; 1969 c 78 § 1; 1953 c 235 § 1; 1951 c 222 § 1; 1943 c 118 § 1; 1941 c 252 § 2; Rem. Supp. 1943 § 8340-25. Prior: 1925 ex.s. c 129 § 4.] 18.85.011 Definitions. (Effective July 1, 2010.) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Advertising" means any attempt by publication or broadcast, whether oral, written, or otherwise, to induce a person to use the services of a real estate firm, broker, managing broker, or designated broker. (2) "Broker" means a natural person acting on behalf of a real estate firm to perform real estate brokerage services 18.85.011 [Title 18 RCW—page 236] under the supervision of a designated broker or managing broker. (3) "Business opportunity" means and includes business, business entity, and good will of an existing business or any one or combination thereof when the transaction or business includes an interest in real property. (4) "Clear and conspicuous" in an advertising statement means the representation or term being used is of such a color, contrast, size, or audibility, and presented in a manner so as to be readily noticed and understood. (5) "Clock hours of instruction" means actual hours spent in classroom instruction in any tax supported, public technical college, community college, or any other institution of higher learning or a correspondence course from any of the aforementioned institutions certified by such institution as the equivalent of the required number of clock hours, and the real estate commission may certify courses of instruction other than in the aforementioned institutions. (6) "Commercial real estate" means any parcel of real estate in this state other than real estate containing one to four residential units. "Commercial real estate" does not include a single-family residential lot or single-family residential units such as condominiums, townhouses, manufactured homes, or homes in a subdivision when sold, leased, or otherwise conveyed on a unit-by-unit basis, even when those units are part of a larger building or parcel of real estate, unless the property is sold or leased for a commercial purpose. (7) "Commission" means the real estate commission of the state of Washington. (8) "Controlling interest" means the ability to control either the operational or financial, or both, decisions of a firm. (9) "Department" means the Washington department of licensing. (10) "Designated broker" means: (a) A natural person who owns a sole proprietorship real estate firm; or (b) A natural person with a controlling interest in the firm who is designated by a legally recognized business entity such as a corporation, limited liability company, limited liability partnership, or partnership real estate firm, to act as a designated broker on behalf of the real estate firm, and whose managing broker’s license receives an endorsement from the department of "designated broker." (11) "Director" means the director of the department of licensing. (12) "Inactive license" means the status of a license that is not expired and is not affiliated with a firm. (13) "Licensee" means a person holding a license as a real estate firm, managing broker, or broker. (14) "Managing broker" means a natural person acting on behalf of a real estate firm to perform real estate brokerage services under the supervision of the designated broker, and who may supervise other brokers or managing brokers licensed to the firm. (15) "Person" includes a natural person, corporation, limited liability company, limited liability partnership, partnership, or public or private organization or entity of any character, except where otherwise restricted. (16) "Real estate brokerage services" means any of the following services offered or rendered directly or indirectly (2008 Ed.) Real Estate Brokers and Salespersons to another, or on behalf of another for compensation or the promise or expectation of compensation, or by a licensee on the licensee’s own behalf: (a) Listing, selling, purchasing, exchanging, optioning, leasing, renting of real estate, or any real property interest therein; or any interest in a cooperative; (b) Negotiating or offering to negotiate, either directly or indirectly, the purchase, sale, exchange, lease, or rental of real estate, or any real property interest therein; or any interest in a cooperative; (c) Listing, selling, purchasing, exchanging, optioning, leasing, renting, or negotiating the purchase, sale, lease, or exchange of a manufactured or mobile home in conjunction with the purchase, sale, lease, exchange, or rental of the land upon which the manufactured or mobile home is or will be located; (d) Advertising or holding oneself out to the public by any solicitation or representation that one is engaged in real estate brokerage services; (e) Advising, counseling, or consulting buyers, sellers, landlords, or tenants in connection with a real estate transaction; (f) Issuing a broker’s price opinion. For the purposes of this chapter, "broker’s price opinion" means an oral or written report of property value that is prepared by a licensee under this chapter and is not an appraisal as defined in RCW 18.140.010 unless it complies with the requirements established under chapter 18.140 RCW; (g) Collecting, holding, or disbursing funds in connection with the negotiating, listing, selling, purchasing, exchanging, optioning, leasing, or renting of real estate or any real property interest; and (h) Performing property management services, which includes with no limitation: Marketing; leasing; renting; the physical, administrative, or financial maintenance of real property; or the supervision of such actions. (17) "Real estate firm" or "firm" means a sole proprietorship, partnership, limited liability partnership, corporation, limited liability company, or other legally recognized business entity conducting real estate brokerage services in this state and licensed by the department as a real estate firm. [2008 c 23 § 1; 2003 c 201 § 1; 1998 c 46 § 2; 1997 c 322 § 1; 1987 c 332 § 1; 1981 c 305 § 1; 1979 c 158 § 68; 1977 ex.s. c 370 § 1; 1973 1st ex.s. c 57 § 1; 1972 ex.s. c 139 § 1; 1969 c 78 § 1; 1953 c 235 § 1; 1951 c 222 § 1; 1943 c 118 § 1; 1941 c 252 § 2; Rem. Supp. 1943 § 8340-25. Prior: 1925 ex.s. c 129 § 4. Formerly RCW 18.85.010.] 18.85.021 Real estate commission created—Qualifications, terms, appointment of members—Vacancies. (Effective July 1, 2010.) There is established the real estate commission of the state of Washington, consisting of the director who is the chair of the commission and six commission members who shall act in an advisory capacity to the director. The commission shall annually elect a vice-chair to conduct the commission meetings in the absence of the director. The governor must appoint six commission members for a term of six years each. At least two of the commission members shall be selected from the area in the state west of the Cascade mountain range and at least two shall be selected 18.85.021 (2008 Ed.) 18.85.040 from that area of the state east of the Cascade mountain range. No commission member shall be appointed who has had less than five years’ experience in performing real estate brokerage services in this state, or has had at least three years’ experience in investigative work of a similar nature, preferably in connection with the administration of real estate license law of this state or elsewhere. The governor must fill by appointment any vacancies on the commission for the unexpired term. [2008 c 23 § 7; 1972 ex.s. c 139 § 6; 1953 c 235 § 17. Formerly RCW 18.85.071.] 18.85.025 Commission—Compensation and travel expenses—Frequency of meetings. (Effective July 1, 2010.) The six board members of the commission shall be compensated in accordance with RCW 43.03.240, plus travel expenses in accordance with RCW 43.03.050 and 43.03.060 when they are called into session by the director or when otherwise engaged in the business of the commission. The commission shall meet four times a year or at the call of the director. [2008 c 23 § 8; 1984 c 287 § 49; 1975-’76 2nd ex.s. c 34 § 49; 1953 c 235 § 4; 1951 c 222 § 6; 1941 c 252 § 14; Rem. Supp. 1941 § 8340-37. Formerly RCW 18.85.080.] 18.85.025 Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. 18.85.030 Employees. (Effective until July 1, 2010.) The director shall appoint an adequate staff to assist him or her. [1997 c 322 § 2; 1972 ex.s. c 139 § 2; 1951 c 222 § 2; 1945 c 111 § 1, part; 1941 c 252 § 5, part; Rem. Supp. 1945 § 8340-28, part.] 18.85.030 18.85.031 Commission—Educational conferences— Examinations of applicants for licenses. (Effective July 1, 2010.) The commission shall have authority to hold educational conferences for the benefit of the industry, and shall conduct examinations of applicants for licenses under this chapter. The commission shall ensure that examinations are prepared and administered at examination centers throughout the state and may approve examination locations in foreign jurisdictions. [2008 c 23 § 9; 1997 c 322 § 4; 1977 ex.s. c 24 § 1; 1953 c 235 § 18. Formerly RCW 18.85.085.] 18.85.031 18.85.035 Commission—Home inspector referrals— Procedures. The commission must establish procedures, to be adopted in rule by the director, for real estate agents to follow when providing potential home buyers with home inspector referrals. [2008 c 119 § 24.] 18.85.035 18.85.040 Director—General powers and duties. (Effective until July 1, 2010.) (1) The director, with the advice and approval of the commission, may issue rules and regulations to govern the activities of real estate brokers, associate real estate brokers and salespersons, consistent with this chapter and chapter 18.235 RCW, fix the times and places for holding examinations of applicants for licenses and prescribe the method of conducting them. (2) The director shall enforce all laws, rules, and regulations relating to the licensing of real estate brokers, associate 18.85.040 [Title 18 RCW—page 237] 18.85.041 Title 18 RCW: Businesses and Professions real estate brokers, and salespersons, grant or deny licenses to real estate brokers, associate real estate brokers, and salespersons, and hold hearings. (3) The director shall establish by rule standards for licensure of applicants licensed in other jurisdictions. (4) The director shall institute a program of real estate education including, but not limited to, instituting a program of education at institutions of higher education in Washington. The overall program shall include establishing minimum levels of ongoing education for licensees relating to the practice of real estate by real estate brokers and salespersons under this chapter. The program may also include the development or implementation of curricula courses, educational materials, or approaches to education relating to real estate when required, approved, or certified for continuing education credit. The director may enter into contracts with other persons or entities, whether publicly or privately owned or operated, to assist in developing or implementing the real estate education program. (5) The director shall charge a fee, as prescribed by the director by rule, for the certification of courses of instruction, instructors, and schools. [2002 c 86 § 229; 1992 c 92 § 1; 1988 c 205 § 2; 1987 c 332 § 2; 1972 ex.s. c 139 § 3; 1953 c 235 § 2; 1951 c 222 § 3; 1941 c 252 § 4; Rem. Supp. 1941 § 8340-27. Prior: 1925 ex.s. c 129 § 2.] Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. Effective date—1992 c 92: "This act shall take effect July 1, 1993." [1992 c 92 § 5.] 18.85.041 Director—General powers and duties. (Effective July 1, 2010.) (1) The director, with the advice and approval of the commission, may issue rules to govern the activities of real estate brokers, managing brokers, designated brokers, and real estate firms, consistent with this chapter and chapters 18.86 and 18.235 RCW, fix the times and places for holding examinations of applicants for licenses, and prescribe the method of conducting them. (2)(a) The director shall enforce all laws and rules relating to the licensing of real estate firms, brokers, managing brokers, and designated brokers, grant or deny licenses including temporary licenses to real estate firms, brokers, and managing brokers, and hold hearings. (b) The director shall enforce all laws and rules relating to the issuance of certificates of approval to real estate schools, real estate school administrators and instructors, and approval of real estate education courses. (3) The director shall establish by rule standards for licensure of applicants licensed in other jurisdictions and for reciprocity including the use of written recognition agreements. (4) The director may issue rules requiring all applicants to submit to a criminal background check, and the applicant is responsible for the payment of any fees incurred. (5) The director shall adopt rules and establish standards relating to permissible forms of clear and conspicuous advertising by licensees. (6) The director shall institute a program of real estate education. The program may include courses at institutions of higher education in Washington, trade schools, private real 18.85.041 [Title 18 RCW—page 238] estate schools, and preapproved forums and conferences. The program shall include establishing minimum levels of ongoing education for licensees relating to the practice of real estate under this chapter. The program may also include the development or implementation of curricula courses, educational materials, or approaches to education relating to real estate when required or approved for continuing education credit. The director may develop and provide educational programs and materials for members of the public. The director may enter into contracts with other persons or entities, whether publicly or privately owned or operated, to assist in developing or implementing the real estate education program. (7) The director shall charge a fee for the certification of courses of instruction, instructors, and schools. (8) The director may take disciplinary action against real estate schools and real estate school administrators and instructors based upon conduct, acts, or conditions prescribed by rule, and may impose any or all of the following sanctions and fines: (a) Withdrawal of the certificate of approval; (b) Suspension of the certificate of approval for a fixed or indefinite term; (c) Stayed suspension for a designated period of time; (d) Censure or reprimand; (e) Payment of a fine for each violation not to exceed one thousand dollars per day per violation. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty; (f) Denial of an initial or renewal application for a certificate of approval; and (g) Other corrective action. [2008 c 23 § 3; 2002 c 86 § 229; 1992 c 92 § 1; 1988 c 205 § 2; 1987 c 332 § 2; 1972 ex.s. c 139 § 3; 1953 c 235 § 2; 1951 c 222 § 3; 1941 c 252 § 4; Rem. Supp. 1941 § 8340-27. Prior: 1925 ex.s. c 129 § 2. Formerly RCW 18.85.040.] Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. Effective date—1992 c 92: "This act shall take effect July 1, 1993." [1992 c 92 § 5.] 18.85.045 Director’s seal. (Effective July 1, 2010.) The director shall adopt a seal with the words "real estate director, state of Washington," and such other device as the director may approve engraved thereon, by which the director shall authenticate the proceedings of the office. Copies of all records and papers in the office of the director certified to be true copies under the hand and seal of the director shall be received in evidence in all cases equally and with like effect as the originals. The director may authorize one or more assistants to certify records and papers. [2008 c 23 § 6; 1997 c 322 § 3; 1972 ex.s. c 139 § 5; 1941 c 252 § 8; RRS § 834031. Prior: 1925 ex.s. c 129 § 7. Formerly RCW 18.85.060.] 18.85.045 18.85.050 Director and employees business interest prohibited. (Effective until July 1, 2010.) Neither the director nor any employees, shall be interested in any real estate business regulated by chapter 139, Laws of 1972 ex. sess.: PROVIDED, That if any real estate broker, associate real estate broker, or salesman is employed by the director or 18.85.050 (2008 Ed.) Real Estate Brokers and Salespersons by the commission as an employee, the license of such broker, associate real estate broker, or salesman shall not be revoked, suspended, or canceled by reason thereof. [1972 ex.s. c 139 § 4; 1953 c 235 § 3; 1951 c 222 § 4; 1945 c 111 § 1, part; 1941 c 252 § 5, part; Rem. Supp. 1945 § 8340-28, part.] 18.85.071 18.85.055 Licensure of state employees conducting real estate transactions. (Effective until July 1, 2010.) No person licensed under this chapter who is employed by the state and who is conducting real estate transactions on behalf of the state may hold an active license under this chapter. [1987 c 514 § 2.] 18.85.055 Severability—1987 c 514: See RCW 18.118.900. 18.85.051 18.85.051 Publication of chapter—Distribution. (Effective July 1, 2010.) The director may publish a copy of this chapter and information relative to the enforcement of this chapter and may mail a copy of this chapter and the information to each licensed broker, managing broker, and firm. [2008 c 23 § 27; 1997 c 322 § 16; 1972 ex.s. c 139 § 18; 1953 c 235 § 10; 1947 c 203 § 8; 1941 c 252 § 27; Rem. Supp. 1947 § 8340-50. Prior: 1925 ex.s. c 129 § 22. Formerly RCW 18.85.210.] 18.85.053 18.85.053 Controlling interest in a real estate business—Prohibited practices. (1) A real estate licensee or person who has a controlling interest in a real estate business shall not, directly or indirectly, give any fee, kickback, payment, or other thing of value to any other real estate licensee as an inducement, reward for placing title insurance business, referring title insurance business, or causing title insurance business to be given to a title insurance agent in which the real estate licensee or person having a controlling interest in a real estate business also has a financial interest. (2) A real estate licensee or person who has a controlling interest in a real estate business shall not either solicit or accept, or both, anything of value from: A title insurance company, a title insurance agent, or the employees or representatives of a title insurance company or title insurance agent, that a title insurance company or title insurance agent is not permitted by law or rule to give to the real estate licensee or person who has a controlling interest in a real estate business. (3) A real estate licensee or person who has a controlling interest in a real estate business shall not prevent or deter a title insurance company, title insurance agent, or their employees or representatives from delivering to a real estate licensee or its employees, independent contractors, and clients printed promotional material concerning only title insurance services as long as: (a) The material is business appropriate and is not misleading or false; (b) The material does not malign the real estate licensee, its employees, independent contractors, or affiliates; (c) The delivery of the materials is limited to those areas of the real estate licensee’s physical office reserved for unrestricted public access; and (d) The conduct of the employees or representatives is appropriate for a business setting and does not threaten the safety or health of anyone in the real estate licensee’s office. (4) A real estate licensee shall not require a consumer, as a condition of providing real estate services, to obtain title insurance from a title insurance agent in which the real estate licensee has a financial interest. [2008 c 110 § 10.] Severability—2008 c 110: See RCW 48.29.900. (2008 Ed.) 18.85.060 Director’s seal. (Effective until July 1, 2010.) The director shall adopt a seal with the words real estate director, state of Washington, and such other device as the director may approve engraved thereon, by which he or she shall authenticate the proceedings of the office. Copies of all records and papers in the office of the director certified to be a true copy under the hand and seal of the director shall be received in evidence in all cases equally and with like effect as the originals. The director may deputize one or more assistants to certify records and papers. [1997 c 322 § 3; 1972 ex.s. c 139 § 5; 1941 c 252 § 8; RRS § 8340-31. Prior: 1925 ex.s. c 129 § 7.] 18.85.060 18.85.061 License fees—Real estate commission account. (Effective July 1, 2010.) All fees required under this chapter shall be set by the director in accordance with RCW 43.24.086 and shall be paid to the state treasurer. All fees paid under the provisions of this chapter shall be placed in the real estate commission account in the state treasury. All money derived from fines imposed under this chapter shall be deposited in the real estate education program account created in RCW 18.85.321. [2008 c 23 § 29; 1993 c 50 § 1; 1991 c 277 § 1; 1987 c 332 § 8; 1967 c 22 § 1; 1953 c 235 § 11; 1941 c 252 § 7; Rem. Supp. 1941 § 8340-30. Formerly RCW 18.85.220.] 18.85.061 Effective date—1993 c 50: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993." [1993 c 50 § 5.] Effective date—1991 c 277: "This act shall take effect July 1, 1993." [1991 c 277 § 3.] 18.85.065 Employees. (Effective July 1, 2010.) The director shall appoint adequate staff to assist him or her. [2008 c 23 § 2; 1997 c 322 § 2; 1972 ex.s. c 139 § 2; 1951 c 222 § 2; 1945 c 111 § 1, part; 1941 c 252 § 5, part; Rem. Supp. 1945 § 8340-28, part. Formerly RCW 18.85.030.] 18.85.065 18.85.071 Real estate commission created—Qualifications, terms, appointment of members—Vacancies. (Effective until July 1, 2010.) There is established the real estate commission of the state of Washington, consisting of the director of the commission and six commission members who shall act in an advisory capacity to the director. The six commission members shall be appointed by the governor in the following manner: For a term of six years each, with the exception of the first appointees, who shall be appointed one for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, one for a term of five years, and one for a term of six years, with all other subsequent appointees to be appointed for a six year term. At least two of the commission members shall be selected from the area in the state west of the Cascade 18.85.071 [Title 18 RCW—page 239] 18.85.075 Title 18 RCW: Businesses and Professions mountain range and at least two shall be selected from that area of the state east of the Cascade mountain range. No commission member shall be appointed who has had less than five years experience in the sale, operation, or management of real estate in this state, or has had at least three years experience in investigative work of a similar nature, preferably in connection with the administration of real estate license law of this state or elsewhere. Any vacancies on the commission shall be filled by appointment by the governor for the unexpired term. [1972 ex.s. c 139 § 6; 1953 c 235 § 17.] 18.85.075 18.85.075 Director and employees business interest prohibited. (Effective July 1, 2010.) While employed with the department, the director and employees who administer, regulate, or enforce real estate laws and rules must relinquish interest in any real estate business regulated by this chapter. If any real estate licensee is employed by the director as an employee, the license of the broker, real estate firm, or managing broker is placed on inactive status and remains inactive until the cessation of employment with the director. [2008 c 23 § 4; 1972 ex.s. c 139 § 4; 1953 c 235 § 3; 1951 c 222 § 4; 1945 c 111 § 1, part; 1941 c 252 § 5, part; Rem. Supp. 1945 § 8340-28, part. Formerly RCW 18.85.050.] 18.85.080 18.85.080 Commission—Compensation and travel expenses. (Effective until July 1, 2010.) The six board members of the commission shall be compensated in accordance with RCW 43.03.240, plus travel expenses in accordance with RCW 43.03.050 and 43.03.060 when they shall be called into session by the director or when presiding at examinations for applicants for licenses or when otherwise engaged in the business of the commission. [1984 c 287 § 49; 1975-’76 2nd ex.s. c 34 § 49; 1953 c 235 § 4; 1951 c 222 § 6; 1941 c 252 § 14; Rem. Supp. 1941 § 8340-37.] 18.85.090 Broker’s license—Requirements—Exception. (Effective until July 1, 2010.) (1) The minimum requirements for an individual to receive a broker’s license are that the individual: (a) Is eighteen years of age or older; (b) Has a high school diploma or its equivalent; (c) Has had a minimum of two years of actual experience as a full-time real estate salesperson in this state or in another state having comparable requirements within the five years previous to applying for the broker’s license examination or is, in the opinion of the director, otherwise and similarly qualified, or is otherwise qualified by reason of practical experience in a business allied with or related to real estate; (d) Except as provided in RCW 18.85.097, has furnished proof, as the director may require, that the applicant has successfully completed one hundred twenty hours of instruction in real estate. Instruction must include one course in brokerage management, one course in real estate law, one course in business management, and one elective course. Each course must be completed within five years prior to applying for the broker’s license examination, be at least thirty clock hours, and be approved by the director. The applicant must pass a course examination, approved by the director for each course used to satisfy the broker’s license requirement; and (e) Has passed the broker’s license examination. (2) Nothing in this section applies to persons who are licensed as brokers under any real estate law in Washington that exists prior to this law’s enactment, but only if their license has not been subsequently canceled or revoked. [1994 c 291 § 1; 1985 c 162 § 1; 1972 ex.s. c 139 § 8; 1953 c 235 § 5; 1951 c 222 § 7; 1941 c 252 § 15; Rem. Supp. 1941 § 8340-38.] 18.85.090 Effective date—1994 c 291: "This act shall take effect July 1, 1995." [1994 c 291 § 5.] 18.85.091 Firm license—Requirements. (Effective July 1, 2010.) (1) The minimum requirements for a firm to receive a license are that the firm: (a) Designates a managing broker as the "designated broker" who has authority to act for the firm, and provides the director with the name of the owner or owners or any others with a controlling interest in the firm; (b) Assures that no person with controlling interest in the firm is the subject of a final departmental order, as provided in chapter 34.05 RCW, suspending or revoking any type of real estate license; and (c) Does not adopt a name that is the same or similar to currently issued licenses or that implies the real estate firm is a nonprofit or research organization, or is a public bureau or group. (2) An applicant for a real estate firm’s license shall provide the director with: (a) The firm name and unified business identifier number; (b) Washington business mailing and street address, contact telephone number, if any, and a mailing and physical address for either the firm’s trust account or business records location, or both; (c) Internet home page site and business e-mail address, if any; (d) Application fee prescribed by the director; and 18.85.091 Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. 18.85.081 18.85.081 Licensure of town, city, or county employees conducting real estate transactions. (Effective July 1, 2010.) Persons licensed under this chapter who are employed by a town, city, or county, and who are conducting real estate transactions on behalf of the town, city, or county, may hold active licenses under this chapter, and their designated and managing brokers are not responsible for their real estate transactions on behalf of their town, city, or county employer. [2008 c 23 § 5; 1987 c 514 § 2. Formerly RCW 18.85.055.] Severability—1987 c 514: See RCW 18.118.900. 18.85.085 18.85.085 Commission—Educational conferences— Examinations of applicants for licenses. (Effective until July 1, 2010.) The commission shall have authority to hold educational conferences for the benefit of the industry, and shall conduct examinations of applicants for licenses under this chapter. The commission shall ensure that examinations are prepared and administered at examination centers throughout the state. [1997 c 322 § 4; 1977 ex.s. c 24 § 1; 1953 c 235 § 18.] [Title 18 RCW—page 240] (2008 Ed.) Real Estate Brokers and Salespersons (e) Any other information the director may require. (3) The firm must provide the following to the department for renewal of the firm’s license: (a) Renewal fee; (b) Notice of any change in controlling interest for the firm; and (c) Notice of any change in the firm’s registration or certificate of authority filed with the secretary of state. [2008 c 23 § 10.] 18.85.095 Salespersons—Requirements—Renewal— Exception. (Effective until July 1, 2010.) (1) The minimum requirements for an individual to receive a salesperson’s license are that the individual: (a) Is eighteen years of age or older; (b) Except as provided in RCW 18.85.097, has furnished proof, as the director may require, that the applicant has successfully completed a sixty clock-hour course, approved by the director, in real estate fundamentals. The applicant must pass a course examination approved by the director. This course must be completed within five years prior to applying for the salesperson’s license examination; and (c) Has passed a salesperson’s license examination. (2) The minimum requirements for a salesperson to be issued the first renewal of a license are that the salesperson: (a) Has furnished proof, as the director may require, that the salesperson has successfully completed a thirty clockhour course, from a prescribed curriculum approved by the director, in real estate practices. The salesperson must pass a course examination approved by the director. This course shall be commenced after issuance of a first license; and (b) Has furnished proof, as the director may require, that the salesperson has completed an additional thirty clock hours of continuing education in compliance with RCW 18.85.165. Courses for continuing education clock-hour credit shall be commenced after issuance of a first license. (3) Nothing in this section applies to persons who are licensed as salespersons under any real estate law in Washington which exists prior to this law’s enactment, but only if their license has not been subsequently canceled or revoked. [1997 c 322 § 5; 1994 c 291 § 2; 1988 c 205 § 3; 1987 c 332 § 3; 1985 c 162 § 2; 1977 ex.s. c 370 § 2; 1972 ex.s. c 139 § 7.] 18.85.095 Effective date—1994 c 291: See note following RCW 18.85.090. 18.85.097 18.85.097 Substitution of educational requirements—Rules. (Effective until July 1, 2010.) The director may allow for substitution of the clock-hour requirements in RCW 18.85.090(1)(d) and 18.85.095(1)(b), if the director makes a determination that the individual is otherwise and similarly qualified by reason of completion of equivalent educational coursework in any institution of higher education as defined in RCW 28B.10.016 or any degree-granting institution as defined in RCW 28B.85.010 approved by the director. The director shall establish by rule, guidelines for determining equivalent educational coursework. [1994 c 291 § 4; 1987 c 332 § 18.] Effective date—1994 c 291: See note following RCW 18.85.090. (2008 Ed.) 18.85.110 18.85.100 License required—Prerequisite to suit for commission. (Effective until July 1, 2010.) It shall be unlawful for any person to act as a real estate broker, associate real estate broker, or real estate salesperson without first obtaining a license therefor, and otherwise complying with the provisions of this chapter. No suit or action shall be brought for the collection of compensation as a real estate broker, associate real estate broker, or real estate salesperson, without alleging and proving that the plaintiff was a duly licensed real estate broker, associate real estate broker, or real estate salesperson prior to the time of offering to perform any such act or service or procuring any promise or contract for the payment of compensation for any such contemplated act or service. [1997 c 322 § 6; 1972 ex.s. c 139 § 9; 1951 c 222 § 8. Formerly: (i) 1941 c 252 § 6; Rem. Supp. 1941 § 8340-29. (ii) 1941 c 252 § 25; Rem. Supp. 1941 § 8340-48.] 18.85.100 18.85.101 Broker’s license—Requirements— Renewal. (Effective July 1, 2010.) (1) The minimum requirements for an individual to receive a broker’s license are that the individual: (a) Is eighteen years of age or older; (b) Has a high school diploma or its equivalent; (c) Except as provided in RCW 18.85.141, has furnished proof, as the director may require, that the applicant has successfully completed ninety hours of instruction in real estate. Instruction must include courses as prescribed by the director including fundamentals and practices. Each course must be completed within two years before applying for the broker’s license examination and be approved by the director. The applicant must pass a course examination, approved by the director for each course used to satisfy the broker’s license requirement; and (d) Has passed the broker’s license examination. (2) The broker’s license may be renewed upon completion of continuing education courses and payment of the renewal fee as prescribed by the director. The education requirements for the first renewal of the broker’s license must include ninety hours of courses as prescribed by the director, including real estate law, advance practices, and continuing education. (3) The broker is licensed to one firm at a time and is supervised by a designated or managing broker. [2008 c 23 § 11; 1994 c 291 § 1; 1985 c 162 § 1; 1972 ex.s. c 139 § 8; 1953 c 235 § 5; 1951 c 222 § 7; 1941 c 252 § 15; Rem. Supp. 1941 § 8340-38. Formerly RCW 18.85.090.] 18.85.101 Effective date—1994 c 291: "This act shall take effect July 1, 1995." [1994 c 291 § 5.] 18.85.110 Exemptions from licensing. (Effective until July 1, 2010.) This chapter shall not apply to (1) any person who purchases property and/or a business opportunity for his or her own account, or that of a group of which he or she is a member, or who, as the owner or part owner of property, and/or a business opportunity, in any way disposes of the same; nor, (2) any duly authorized attorney-in-fact acting without compensation, or an attorney-at-law in the performance of his or her duties; nor, (3) any receiver, trustee in bankruptcy, executor, administrator, guardian, or any person acting under the order of any court, or selling under a deed of 18.85.110 [Title 18 RCW—page 241] 18.85.111 Title 18 RCW: Businesses and Professions trust; nor, (4) any secretary, bookkeeper, accountant, or other office personnel who does not engage in any conduct or activity specified in any of the definitions under RCW 18.85.010; nor, (5) any owner of rental or lease property, members of the owner’s family whether or not residing on such property, or a resident manager of a complex of residential dwelling units wherein such manager resides; nor, (6) any person who manages residential dwelling units on an incidental basis and not as his or her principal source of income so long as that person does not advertise or hold out to the public by any oral or printed solicitation or representation that he or she is so engaged; nor, (7) only with respect to the rental or lease of individual storage space, any person who owns or manages a self-service storage facility as defined under chapter 19.150 RCW. [1997 c 322 § 7; 1989 c 161 § 1; 1988 c 240 § 20; 1977 ex.s. c 370 § 9; 1972 ex.s. c 139 § 10; 1951 c 222 § 9; 1941 c 252 § 3; Rem. Supp. 1941 § 8340-26. Prior: 1925 ex.s. c 129 § 4.] Severability—1988 c 240: See RCW 19.150.904. 18.85.111 Managing broker’s license—Requirements—Renewal. (Effective July 1, 2010.) (1) The minimum requirements for an individual to receive a managing broker’s license are that the individual: (a) Is eighteen years of age or older; (b) Has a high school diploma or its equivalent; (c) Has had a minimum of three years of licensed experience as a full-time real estate broker in this state or in another jurisdiction having comparable requirements within the five years previous to applying for the managing broker’s license examination or is otherwise qualified by reason of practical experience in a business allied with or related to real estate as prescribed by rule; (d) Except as provided in RCW 18.85.141, has furnished proof, as the director may require, that the applicant has successfully completed ninety hours of instruction in real estate. Instruction must include courses as prescribed by the director including real estate brokerage management, business management, and advanced real estate law. The director may approve and accept other related education. Each course must be completed within three years before applying for the managing broker’s license examination, be at least thirty clock hours, and be approved by the director. The applicant must pass a course examination, approved by the director for each course that is used to satisfy the managing broker’s license requirement; and (e) Has passed the managing broker’s license examination. (2) A managing broker’s license may be renewed upon completion of continuing education courses and payment of the renewal fee as prescribed by the director. (3) A managing broker can be licensed to one firm only at any one time. [2008 c 23 § 12.] 18.85.111 18.85.120 Applications—Conditions—Fees. (Effective until July 1, 2010.) Any person desiring to be a real estate broker, associate real estate broker, or real estate salesperson, must pass an examination as provided in this chapter. Such person shall make application for an examination and 18.85.120 [Title 18 RCW—page 242] for a license on a form prescribed by the director. Concurrently, the applicant shall: (1) Pay an examination fee as prescribed by the director by rule. (2) If the applicant is a corporation, furnish a certified copy of its articles of incorporation, and a list of its officers and directors and their addresses. If the applicant is a foreign corporation, the applicant shall furnish a certified copy of certificate of authority to conduct business in the state of Washington, a list of its officers and directors and their addresses, and evidence of current registration with the secretary of state. If the applicant is a limited liability company, the applicant shall furnish a list of the members and managers of the company and their addresses. If the applicant is a limited liability partnership or partnership, the applicant shall furnish a list of the partners thereof and their addresses. (3) Furnish such other proof as the director may require concerning the honesty, truthfulness, and good reputation, as well as the identity, which may include fingerprints, of any applicants for a license, or of the officers of a corporation, or limited liability company, or the partners of a limited liability partnership or partnership, making the application. [1997 c 322 § 8; 1987 c 332 § 4; 1980 c 72 § 1; 1979 c 25 § 1. Prior: 1977 ex.s. c 370 § 3; 1977 ex.s. c 24 § 2; 1973 1st ex.s. c 42 § 1; 1953 c 235 § 6; 1951 c 222 § 10. Formerly: (i) 1947 c 203 § 1, part; 1945 c 111 § 3, part; 1943 c 118 § 2, part; 1941 c 252 § 11, part; Rem. Supp. 1947 § 8340-34, part; prior: 1925 ex.s. c 129 §§ 10, 11. (ii) 1947 c 203 § 3; 1945 c 111 § 6; 1941 c 252 § 16; Rem. Supp. 1947 § 8340-39.] 18.85.121 Designated brokers—Registration— Endorsements. (Effective July 1, 2010.) (1) A designated broker must hold a license as a managing broker in accordance with RCW 18.85.111, and may act as a designated broker for more than one firm. The department shall register designated brokers. (2) A managing broker for a firm must be registered to that firm as its designated broker if that managing broker accepts endorsements from other firms as their designated broker. (3) Registered designated brokers must immediately notify the department of additional firms for which they serve as designated broker, and shall receive a printed endorsement on their managing broker’s licenses indicating the names of all firms for which they serve as designated broker. [2008 c 23 § 13.] 18.85.121 18.85.130 Examinations—Scope—Manual—Moneys from sale. (Effective until July 1, 2010.) The director shall provide each original applicant for an examination with a manual containing a sample list of questions and answers pertaining to real estate law and the operation of the business and may provide the same at cost to any licensee or to other members of the public. The director shall ascertain by written examination, that each applicant, and in case of a corporation, limited liability company, limited liability partnership, or partnership, that each officer, agent, or partner thereof whom it proposes to act as licensee, has: (1) Appropriate knowledge of the English language, including reading, writing, spelling, and arithmetic; 18.85.130 (2008 Ed.) Real Estate Brokers and Salespersons (2) An understanding of the principles of real estate conveyancing, the general purposes and legal effect of deeds, mortgages, land contracts of sale, exchanges, rental and option agreements, and leases; (3) An understanding of the principles of land economics and appraisals; (4) An understanding of the obligations between principal and agent; (5) An understanding of the principles of real estate practice and the canons of business ethics pertaining thereto; and, (6) An understanding of the provisions of this chapter. The examination for real estate brokers shall be more exacting than that for real estate salespersons. All moneys received for the sale of the manual to licensees and members of the public shall be placed in the real estate commission fund to be returned to the current biennium operating budget. [1997 c 322 § 9; 1972 ex.s. c 139 § 11; 1951 c 222 § 11. Formerly: 1947 c 203 § 2, part; 1945 c 111 § 4, part; 1941 c 252 § 12, part; Rem. Supp. 1947 § 834035, part.] 18.85.131 Out-of-state licensees—Requirements in lieu of licensing. (Effective July 1, 2010.) (1) Persons with licenses deemed equivalent to licenses held by Washington licensees, as determined by the director, for a fee, commission, or other valuable consideration, or in the expectation, or upon the promise of receiving or collecting a fee, commission, or other valuable consideration, may perform those acts that require a license under this chapter, with respect to commercial real estate, provided that the out-of-state licensee, as approved by the director, does all of the following: (a) Works in cooperation with a Washington real estate designated broker who holds a valid, active managing broker license issued under this chapter; (b) Enters into a written agreement with the Washington firm, through its designated broker, that includes the terms of cooperation, oversight by the Washington designated broker, compensation, and a statement that the approved out-of-state licensee and its agents will agree to adhere to the laws of Washington; (c) Furnishes the Washington designated broker with a copy of the out-of-state approved licensee’s current license in good standing from any jurisdiction where the out-of-state approved licensee maintains an active real estate license; (d) Consents to jurisdiction that legal actions arising out of the conduct of the approved out-of-state licensee or its agents may be commenced against the approved licensee in the court of proper jurisdiction of any county in Washington where the cause of action arises or where the plaintiff resides; (e) Includes the name of the Washington broker, managing broker, or firm on all advertising in accordance with RCW 18.85.361(8); and (f) Deposits all documentation required by this section and records and documents related to the transaction with the Washington broker, managing broker, or firm for a period of three years after the date the documentation is provided, or the transaction occurred, as appropriate. (2) A person licensed in a jurisdiction where there is no legal distinction between a real estate broker license and a real estate salesperson license must meet the requirements of subsection (1) of this section before engaging in any activity 18.85.131 (2008 Ed.) 18.85.150 described in this section that requires a real estate broker license in this state. [2008 c 23 § 47; 2003 c 201 § 2. Formerly RCW 18.85.560.] 18.85.140 License fees—Expiration—Renewal— Identification cards. (Effective until July 1, 2010.) Before receiving his or her license every real estate broker, every associate real estate broker, and every real estate salesperson must pay a license fee as prescribed by the director by rule. Every license issued under the provisions of this chapter expires on the applicant’s second birthday following issuance of the license. Licenses issued to partnerships, limited liability partnerships, limited liability companies, and corporations expire on a date prescribed by the director by rule, except that if the registration or certificate of authority filed with the secretary of state expires, the real estate broker’s license issued shall expire on that date. Licenses must be renewed every two years on or before the date established under this section and a biennial renewal license fee as prescribed by the director by rule must be paid. If the application for a renewal license is not received by the director on or before the renewal date, a penalty fee as prescribed by the director by rule shall be paid. Acceptance by the director of an application for renewal after the renewal date shall not be a waiver of the delinquency. The license of any person whose license renewal fee is not received within one year from the date of expiration shall be canceled. This person may obtain a new license by satisfying the procedures and requirements as prescribed by the director by rule. The director shall issue to each active licensee a license and a pocket identification card in such form and size as he or she shall prescribe. [1997 c 322 § 10; 1991 c 225 § 2; 1989 c 161 § 2; 1987 c 332 § 5; 1979 c 25 § 2. Prior: 1977 ex.s. c 370 § 4; 1977 ex.s. c 24 § 3; 1972 ex.s. c 139 § 12; 1953 c 235 § 7; 1951 c 222 § 12. Formerly: (i) 1947 c 203 § 2, part; 1945 c 111 § 4, part; 1941 c 252 § 12, part; Rem. Supp. 1947 § 8340-35, part. (ii) 1947 c 203 § 1, part; 1945 c 111 § 3, part; 1943 c 118 § 2, part; 1941 c 252 § 11, part; Rem. Supp. 1947 § 8340-34, part; prior: 1925 ex.s. c 129 §§ 10, 11.] 18.85.140 Effective date—1989 c 161 § 2: "Section 2 of this act shall take effect January 1, 1991." [1989 c 161 § 4.] 18.85.141 Substitution of educational requirements—Rules. (Effective July 1, 2010.) The director may allow for substitution of the clock-hour requirements in RCW 18.85.101(1)(c) and 18.85.111(1)(d), if the director makes a determination that the individual is otherwise and similarly qualified by reason of completion of equivalent educational coursework in any institution of higher education as defined in RCW 28B.10.016 or any degree-granting institution as defined in RCW 28B.85.010 approved by the director. The director shall establish, by rule, guidelines for determining equivalent educational coursework. [2008 c 23 § 14; 1994 c 291 § 4; 1987 c 332 § 18. Formerly RCW 18.85.097.] 18.85.141 Effective date—1994 c 291: See note following RCW 18.85.101. 18.85.150 Temporary permits. (Effective until July 1, 2010.) A temporary broker’s permit may, in the discretion of the director, be issued to the legally accredited representative 18.85.150 [Title 18 RCW—page 243] 18.85.151 Title 18 RCW: Businesses and Professions of a deceased or incapacitated broker, the senior qualified salesperson in that office or other qualified representative of the deceased or incapacitated broker, which shall be valid for a period not exceeding four months and in the case of a partnership, a limited liability partnership, a limited liability company, or a corporation, the same rule shall prevail in the selection of a person to whom a temporary broker’s permit may be issued. [1997 c 322 § 11; 1979 c 25 § 3. Prior: 1977 ex.s. c 370 § 5; 1977 ex.s. c 24 § 4; 1972 ex.s. c 139 § 13; 1953 c 235 § 8; 1951 c 222 § 13; prior: (i) 1947 c 203 § 2, part; 1945 c 111 § 4, part; 1941 c 252 § 12, part; Rem. Supp. 1947 § 8340-35, part. (ii) 1947 c 203 § 1, part; 1945 c 111 § 3, part; 1943 c 118 § 2, part; 1941 c 252 § 11, part; Rem. Supp. 1947 § 8340-34, part; prior: 1925 ex.s. c 129 §§ 10, 11.] 18.85.151 Exemptions from licensing. (Effective July 1, 2010.) This chapter shall not apply to: (1) Any person who purchases or disposes of property and/or a business opportunity for that individual’s own account, or that of a group of which the person is a member, and their employees; (2) Any duly authorized attorney-in-fact acting under a power of attorney without compensation; (3) An attorney-at-law in the performance of the practice of law; (4) Any receiver, trustee in bankruptcy, executor, administrator, guardian, personal representative, or any person acting under the order of any court, selling under a deed of trust, or acting as trustee under a trust; (5) Any secretary, bookkeeper, accountant, or other office personnel who does not engage in any conduct or activity specified in any of the definitions under RCW 18.85.011; (6) Employees of towns, cities, counties, or governmental entities involved in an acquisition of property for right-ofway, eminent domain, or threat of eminent domain; (7) Only with respect to the rental or lease of individual storage space, any person who owns or manages a self-service storage facility as defined under chapter 19.150 RCW; (8) Any person providing referrals to licensees who is not involved in the negotiation, execution of documents, or related real estate brokerage services, and compensation is not contingent upon receipt of compensation by the licensee or the real estate firm; (9) Certified public accountants if they do not promote the purchase, listing, sale, exchange, optioning, leasing, or renting of a specific real property interest; (10) Any natural persons or entities including title or escrow companies, escrow agents, attorneys, or financial institutions acting as escrow agents if they do not promote the purchase, listing, sale, exchange, optioning, leasing, or renting of a specific real property interest; (11) Investment counselors if they do not promote the purchase, listing, sale, exchange, optioning, leasing, or renting of a specific real property interest; and (12) Any person employed or retained by, for, or on behalf of the owner or on behalf of a designated or managing broker if the person is limited in property management to any of the following activities: 18.85.151 [Title 18 RCW—page 244] (a) Delivering a lease application, a lease, or any amendment thereof to any person; (b) Receiving a lease application, lease, or amendment thereof, a security deposit, rental payment, or any related payment for delivery to and made payable to the real estate firm or owner; (c) Showing a rental unit to any person, or executing leases or rental agreements, and the employee or retainee is acting under the direct instruction of the owner or designated or managing broker; (d) Providing information about a rental unit, a lease, an application for lease, or a security deposit and rental amounts to any prospective tenant; or (e) Assisting in the performance of property management functions by carrying out administrative, clerical, financial, or maintenance tasks. [2008 c 23 § 16; 1997 c 322 § 7; 1989 c 161 § 1; 1988 c 240 § 20; 1977 ex.s. c 370 § 9; 1972 ex.s. c 139 § 10; 1951 c 222 § 9; 1941 c 252 § 3; Rem. Supp. 1941 § 8340-26. Prior: 1925 ex.s. c 129 § 4. Formerly RCW 18.85.110.] Severability—1988 c 240: See RCW 19.150.904. 18.85.155 Responsibility for conduct of subordinates. (Effective until July 1, 2010.) Responsibility for any salesperson, associate broker or branch manager in conduct covered by this chapter shall rest with the broker to which such licensees shall be licensed. In addition to the broker, a branch manager shall bear responsibility for salespersons and associate brokers operating under the branch manager at a branch office. [1997 c 322 § 12; 1977 ex.s. c 370 § 6; 1972 ex.s. c 139 § 14.] 18.85.155 18.85.165 Licenses—Continuing education. (Effective until July 1, 2010.) All real estate brokers, associate brokers, and salespersons shall furnish proof as the director may require that they have successfully completed a total of thirty clock hours of instruction every two years in real estate courses approved by the director in order to renew their licenses. Up to fifteen clock hours of instruction beyond the thirty hours in two years may be carried forward for credit in a subsequent two-year period. To count towards this requirement, a course shall be commenced within thirty-six months before the proof date for renewal. Examinations shall not be required to fulfill any part of the education requirement in this section. This section shall apply to renewal dates after January 1, 1991. [1997 c 322 § 13; 1991 c 225 § 1; 1988 c 205 § 1.] 18.85.165 18.85.170 Licenses—Restrictions as to use—Exceptions. (Effective until July 1, 2010.) No license issued under the provisions of this chapter shall authorize any person other than the person to whom it is issued to do any act by virtue thereof nor to operate in any other manner than under his or her own name except: (1) When a license is issued to a corporation it shall entitle one officer thereof, to be named by the corporation in its application, who shall qualify the same as any other broker, to act as a real estate broker on behalf of said corporation, without the payment of additional fees; 18.85.170 (2008 Ed.) Real Estate Brokers and Salespersons (2) When a license is issued to a limited liability company it shall entitle one manager or member of the company, to be named by the limited liability company in its application, who shall qualify the same as any broker, to act as a real estate broker on behalf of the limited liability company, without the payment of additional fees; (3) When a license is issued to a limited liability partnership or partnership it shall entitle one partner thereof to be named in the application, who shall qualify to act as a real estate broker on behalf of the limited liability partnership or partnership, without the payment of additional license fees; (4) A licensed broker, associate broker, or salesperson may operate and/or advertise under a name other than the one under which the license is issued by obtaining the written consent of the director to do so; (5) A broker may establish one or more branch offices under a name or names different from that of the main office if the name or names are approved by the director, so long as each branch office is clearly identified as a branch or division of the main office. No broker may establish branch offices under more than three names. Both the name of the branch office and of the main office must clearly appear on the sign identifying the office, if any, and in any advertisement or on any letterhead of any stationery or any forms, or signs used by the real estate firm on which either the name of the main or branch offices appears. [1997 c 322 § 14; 1972 ex.s. c 139 § 16; 1951 c 222 § 14; 1945 c 111 § 2; 1941 c 252 § 10; Rem. Supp. 1945 § 8340-33. Prior: 1925 ex.s. c 129 § 9.] 18.85.171 Applications—Conditions—Fees. (Effective July 1, 2010.) (1) A person desiring a license as a real estate firm shall apply on a form prescribed by the director. A person desiring a license as a real estate broker or managing broker must pay an examination fee and pass an examination. The person shall apply for an examination and for a license on a form prescribed by the director. Concurrently, the applicant shall: (a) Furnish other proof as the director may require concerning the honesty, truthfulness, and good reputation, as well as the identity, which may include fingerprints and criminal background checks, of any applicants for a license, or of the officers of a corporation, limited liability company, other legally recognized business entity, or the partners of a limited liability partnership or partnership, making the application; (b) If the applicant is a corporation, furnish a certified copy of its articles of incorporation, and a list of its officers and directors and their addresses. If the applicant is a foreign corporation, the applicant shall furnish a certified copy of certificate of authority to conduct business in the state of Washington, a list of its officers and directors and their addresses, and evidence of current registration with the secretary of state. If the applicant is a limited liability company or other legally recognized business entity, the applicant shall furnish a list of the members and managers of the company and their addresses. If the applicant is a limited liability partnership or partnership, the applicant shall furnish a list of the partners thereof and their addresses; (c) Unless the applicant is a corporation or limited liability company, complete a fingerprint-based background check through the Washington state patrol criminal identification system and through the federal bureau of investigation. The 18.85.171 (2008 Ed.) 18.85.181 applicant must submit the fingerprints and required fee for the background check to the director for submission to the Washington state patrol. The director may consider the recent issuance of a license that required a fingerprint-based national criminal information background check, or recent employment in a position that required a fingerprint-based national criminal information background check, in addition to fingerprints to accelerate the licensing and endorsement process. The director may adopt rules to establish a procedure to allow a person covered by this section to have the person’s background rechecked under this subsection upon application for a renewal license. (2) The director must develop by rule a procedure and schedule to ensure all applicants for licensure have a fingerprint and background check done on a regular basis. [2008 c 23 § 17; 1997 c 322 § 8; 1987 c 332 § 4; 1980 c 72 § 1; 1979 c 25 § 1. Prior: 1977 ex.s. c 370 § 3; 1977 ex.s. c 24 § 2; 1973 1st ex.s. c 42 § 1; 1953 c 235 § 6; 1951 c 222 § 10. Formerly: (i) 1947 c 203 § 1, part; 1945 c 111 § 3, part; 1943 c 118 § 2, part; 1941 c 252 § 11, part; Rem. Supp. 1947 § 834034, part; prior: 1925 ex.s. c 129 §§ 10, 11. (ii) 1947 c 203 § 3; 1945 c 111 § 6; 1941 c 252 § 16; Rem. Supp. 1947 § 834039. Formerly RCW 18.85.120.] 18.85.180 18.85.180 Licenses—Office required—Display of license. (Effective until July 1, 2010.) Every licensed real estate broker must have and maintain an office in this state accessible to the public which shall serve as the office for the transaction of business. Any office so established must comply with the zoning requirements of city or county ordinances and the broker’s license must be prominently displayed therein. [1997 c 322 § 15; 1957 c 52 § 41; 1951 c 222 § 15. Prior: 1947 c 203 § 4, part; 1945 c 111 § 7, part; 1943 c 118 § 4, part; 1941 c 252 § 18, part; Rem. Supp. 1947 § 8340-41, part; prior: 1925 ex.s. c 129 § 12, part.] 18.85.181 18.85.181 Examinations—Sample questions— Scope—Moneys from sale. (Effective July 1, 2010.) The director shall provide each original applicant for an examination a sample list of questions and answers pertaining to real estate law and the operation of the business and may provide the same at cost to any licensee or to other members of the public. The director shall ascertain by written examination, that each applicant has: (1) An appropriate knowledge of the English language, including reading, writing, and mathematics; (2) An understanding of the principles of conveying real estate and the general purposes and legal effect of deeds, finance contracts, and leases; (3) An understanding of the principles of real estate investment, property valuation, and appraisals; (4) An understanding of real estate broker agency relationships; (5) An understanding of the principles of real estate practice and the canons of business ethics pertaining thereto; and (6) An understanding of the provisions of chapters 18.86 and 18.235 RCW and this chapter. The examination for real estate managing brokers shall be more exacting than that for real estate brokers. [Title 18 RCW—page 245] 18.85.190 Title 18 RCW: Businesses and Professions All moneys received for the sale of educational literature to licensees and members of the public shall be placed in the real estate commission fund. [2008 c 23 § 18; 1997 c 322 § 9; 1972 ex.s. c 139 § 11; 1951 c 222 § 11. Formerly: 1947 c 203 § 2, part; 1945 c 111 § 4, part; 1941 c 252 § 12, part; Rem. Supp. 1947 § 8340-35, part. Formerly RCW 18.85.130.] 18.85.190 Licenses—Branch office. (Effective until July 1, 2010.) A real estate broker may apply to the director for authority to establish one or more branch offices under the same name as the main office upon the payment of a fee as prescribed by the director by rule. The director shall issue a duplicate license for each of the branch offices showing the location of the main office and the particular branch. Each duplicate license shall be prominently displayed in the office for which it is issued. Each branch office shall be required to have a branch manager who shall be an associate broker authorized by the designated broker to perform the duties of a branch manager. A branch office license shall not be required where real estate sales activity is conducted on and, limited to a particular subdivision or tract, if a licensed office or branch office is located within thirty-five miles of the subdivision or tract. [1989 c 161 § 3; 1987 c 332 § 6; 1977 ex.s. c 24 § 5; 1972 ex.s. c 139 § 17; 1957 c 52 § 42. Prior: 1947 c 203 § 4, part; 1945 c 111 § 7, part; 1943 c 118 § 4, part; 1941 c 252 § 18, part; Rem. Supp. 1947 § 8340-41, part; prior: 1925 ex.s. c 129 § 12, part.] 18.85.190 The director must develop by rule a procedure and a schedule to ensure all active licensees and licensees applying for active status, renewal, or reinstatement have a fingerprint and background check done on a regular basis. [2008 c 23 § 19; 1997 c 322 § 10; 1991 c 225 § 2; 1989 c 161 § 2; 1987 c 332 § 5; 1979 c 25 § 2. Prior: 1977 ex.s. c 370 § 4; 1977 ex.s. c 24 § 3; 1972 ex.s. c 139 § 12; 1953 c 235 § 7; 1951 c 222 § 12. Formerly: (i) 1947 c 203 § 2, part; 1945 c 111 § 4, part; 1941 c 252 § 12, part; Rem. Supp. 1947 § 8340-35, part. (ii) 1947 c 203 § 1, part; 1945 c 111 § 3, part; 1943 c 118 § 2, part; 1941 c 252 § 11, part; Rem. Supp. 1947 § 8340-34, part; prior: 1925 ex.s. c 129 §§ 10, 11. Formerly RCW 18.85.140.] Effective date—1989 c 161 § 2: "Section 2 of this act shall take effect January 1, 1991." [1989 c 161 § 4.] 18.85.200 Licenses—Change of location. (Effective until July 1, 2010.) Notice in writing shall be given to the director of any change by a real estate broker, associate broker, or salesperson of his or her business location or of any branch office. Upon the surrender of the original license for the business or the duplicate license applicable to a branch office, and a payment of a fee as prescribed by the director by rule, the director shall issue a new license or duplicate license, as the case may be, covering the new location. [1987 c 332 § 7; 1971 ex.s. c 266 § 17; 1957 c 52 § 43. Prior: 1947 c 203 § 4, part; 1945 c 111 § 7, part; 1943 c 118 § 4, part; 1941 c 252 § 18, part; Rem. Supp. 1947 § 8340-41, part; prior: 1925 ex.s. c 129 § 12, part.] 18.85.200 18.85.201 Responsibility for conduct of subordinates. (Effective July 1, 2010.) Responsibility for any real estate broker, managing broker, or branch manager in conduct covered by this chapter shall rest with the designated broker to which such licensees shall be licensed. In addition to the designated broker, a branch manager shall bear responsibility for brokers and managing brokers operating under the branch manager at a branch office. [2008 c 23 § 20; 1997 c 322 § 12; 1977 ex.s. c 370 § 6; 1972 ex.s. c 139 § 14. Formerly RCW 18.85.155.] 18.85.201 18.85.191 License fees—Expiration—Renewal— Identification cards—Background checks. (Effective July 1, 2010.) Before receiving a license, every real estate broker, managing broker, and firm must pay a license fee as prescribed by the director by rule. A license issued under the provisions of this chapter expires two years from the issuance date. Licenses issued to real estate firms that are partnerships, limited liability partnerships, limited liability companies, corporations, and other legally recognized business entities expire on the date when the registration or certificate of authority filed with the secretary of state expires. Licenses must be renewed every two years on or before the date established under this section and a biennial renewal license fee as prescribed by the director by rule must be paid. A license is considered expired when the licensee fails to meet the renewal requirements as of the date of renewal for that license. If the director does not receive the application for a renewal license on or before the renewal date, a penalty fee as prescribed by the director by rule shall be paid. Acceptance by the director of an application for renewal after the renewal date shall not be a waiver of the delinquency. The license of a person whose license renewal fee is not received within one year from the date of expiration is canceled. This person may obtain a new license by satisfying the procedures and requirements as prescribed by the director by rule. The director may issue to each active licensee a license and a pocket identification card in the form and size as prescribed by rule. 18.85.191 [Title 18 RCW—page 246] 18.85.210 Publication of chapter—Distribution. (Effective until July 1, 2010.) The director may publish a copy of this chapter and such information relative to the enforcement of this chapter and may mail a copy of this chapter and the information to each licensed broker. [1997 c 322 § 16; 1972 ex.s. c 139 § 18; 1953 c 235 § 10; 1947 c 203 § 8; 1941 c 252 § 27; Rem. Supp. 1947 § 8340-50. Prior: 1925 ex.s. c 129 § 22.] 18.85.210 18.85.211 Licenses—Renewal—Continuing education. (Effective July 1, 2010.) All real estate brokers and managing brokers shall furnish proof as prescribed by rule of the director that they have successfully completed at least the required minimum number of thirty clock hours of instruction every two years in real estate courses approved by the director to renew their licenses. The director may adopt rules to limit the number of hours of distance education courses that may be used for license renewal. Up to fifteen clock hours of instruction in excess of the required thirty clock 18.85.211 (2008 Ed.) Real Estate Brokers and Salespersons hours acquired within the immediately preceding two-year period may be carried forward for credit in a subsequent twoyear period. Examinations shall not be required to fulfill any part of the education requirement in this section. [2008 c 23 § 22; 1997 c 322 § 13; 1991 c 225 § 1; 1988 c 205 § 1. Formerly RCW 18.85.165.] 18.85.215 Inactive licenses. (Effective until July 1, 2010.) (1) Any license issued under this chapter and not otherwise revoked shall be deemed "inactive" at any time it is delivered to the director. Until reissued under this chapter, the holder of an inactive license shall be deemed to be unlicensed. (2) An inactive license may be renewed on the same terms and conditions as an active license, except that a person with an inactive license need not comply with the education requirements of RCW 18.85.095(2)(a) or 18.85.165. Failure to renew shall result in cancellation in the same manner as an active license. (3) An inactive license may be placed in an active status upon completion of an application as provided by the director and upon compliance with this chapter and the rules adopted pursuant thereto. If a holder has an inactive license for more than three years, the holder must show proof of successfully completing a thirty clock hour course in real estate within one year prior to the application for active status. Holders employed by the state and conducting real estate transactions on behalf of the state are exempt from this course requirement. (4) The provisions of this chapter relating to the denial, suspension, and revocation of a license shall be applicable to an inactive license as well as an active license, except that when proceedings to suspend or revoke an inactive license have been initiated, the license shall remain inactive until the proceedings have been completed. [1994 c 291 § 3; 1988 c 205 § 4. Prior: 1987 c 514 § 1; 1987 c 332 § 17; 1985 c 162 § 4; 1977 ex.s. c 370 § 8.] 18.85.215 Effective date—1994 c 291: See note following RCW 18.85.090. Severability—1987 c 514: See RCW 18.118.900. 18.85.220 License fees—Real estate commission account. (Effective until July 1, 2010.) All fees required under this chapter shall be set by the director in accordance with RCW 43.24.086 and shall be paid to the state treasurer. All fees paid under the provisions of this chapter shall be placed in the real estate commission account in the state treasury. All money derived from fines imposed under this chapter shall be deposited in the real estate education account created by RCW 18.85.317. [1993 c 50 § 1; 1991 c 277 § 1; 1987 c 332 § 8; 1967 c 22 § 1; 1953 c 235 § 11; 1941 c 252 § 7; Rem. Supp. 1941 § 8340-30.] 18.85.220 Effective date—1993 c 50: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993." [1993 c 50 § 5.] Effective date—1991 c 277: "This act shall take effect July 1, 1993." [1991 c 277 § 3.] 18.85.221 Licenses—Names--Restrictions as to use. (Effective July 1, 2010.) No license issued under the provisions of this chapter shall authorize any person other than the 18.85.221 (2008 Ed.) 18.85.227 person named on the license to do any act by virtue thereof nor to operate in any other manner than under the name appearing on the license. A real estate firm has the option to utilize one or more assumed names in the conduct and operation of the firm’s real estate business. However, before using a name other than that appearing on the license, the firm must obtain a separate license for each and every additional assumed name. All real estate brokerage services shall be conducted in the name of the real estate firm or its licensed assumed name or names. [2008 c 23 § 23; 1997 c 322 § 14; 1972 ex.s. c 139 § 16; 1951 c 222 § 14; 1945 c 111 § 2; 1941 c 252 § 10; Rem. Supp. 1945 § 8340-33. Prior: 1925 ex.s. c 129 § 9. Formerly RCW 18.85.170.] 18.85.225 18.85.225 License suspension—Nonpayment or default on educational loan or scholarship. (Effective until July 1, 2010.) The director shall suspend the license of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person’s license shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose. [1996 c 293 § 14.] Severability—1996 c 293: See note following RCW 18.04.420. 18.85.227 18.85.227 License suspension—Noncompliance with support order—Reissuance. (Effective until July 1, 2010.) The director shall immediately suspend the license of a broker or salesperson who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director’s receipt of a release issued by the department of social and health services stating that the person is in compliance with the order. [1997 c 58 § 826.] *Reviser’s note: 1997 c 58 § 887 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. [Title 18 RCW—page 247] 18.85.230 Title 18 RCW: Businesses and Professions 18.85.230 Disciplinary action—Grounds. (Effective until July 1, 2010.) In addition to the unprofessional conduct described in RCW 18.235.130, the director may take disciplinary action against any person engaged in the business or acting in the capacity of a real estate broker, associate real estate broker, or real estate salesperson, regardless of whether the transaction was for his or her own account or in his or her capacity as broker, associate real estate broker, or real estate salesperson, and may impose any of the sanctions specified in RCW 18.235.110 for any holder or applicant who is guilty of: (1) Violating any of the provisions of this chapter or any lawful rules or regulations made by the director pursuant thereto or violating a provision of chapter 64.36, 19.105, or 58.19 RCW or RCW 18.86.030 or the rules adopted under those chapters or section; (2) Making, printing, publishing, distributing, or causing, authorizing, or knowingly permitting the making, printing, publication or distribution of false statements, descriptions or promises of such character as to reasonably induce any person to act thereon, if the statements, descriptions, or promises purport to be made or to be performed by either the licensee or his or her principal and the licensee then knew or, by the exercise of reasonable care and inquiry, could have known, of the falsity of the statements, descriptions or promises; (3) Knowingly committing, or being a party to, any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, scheme, or device whereby any other person lawfully relies upon the word, representation or conduct of the licensee; (4) Accepting the services of, or continuing in a representative capacity, any associate broker or salesperson who has not been granted a license, or after his or her license has been revoked or during a suspension thereof; (5) Conversion of any money, contract, deed, note, mortgage, or abstract or other evidence of title, to his or her own use or to the use of his or her principal or of any other person, when delivered to him or her in trust or on condition, in violation of the trust or before the happening of the condition; and failure to return any money or contract, deed, note, mortgage, abstract, or other evidence of title within thirty days after the owner thereof is entitled thereto, and makes demand therefor, shall be prima facie evidence of such conversion; (6) Failing, upon demand, to disclose any information within his or her knowledge to, or to produce any document, book or record in his or her possession for inspection of the director or his or her authorized representatives acting by authority of law; (7) Continuing to sell any real estate, or operating according to a plan of selling, whereby the interests of the public are endangered, after the director has, by order in writing, stated objections thereto; (8) Advertising in any manner without affixing the broker’s name as licensed, and in the case of a salesperson or associate broker, without affixing the name of the broker as licensed for whom or under whom the salesperson or associate broker operates, to the advertisement; except, that a real estate broker, associate real estate broker, or real estate salesperson advertising their personally owned real property must only disclose that they hold a real estate license; 18.85.230 [Title 18 RCW—page 248] (9) Accepting other than cash or its equivalent as earnest money unless that fact is communicated to the owner prior to his or her acceptance of the offer to purchase, and such fact is shown in the earnest money receipt; (10) Charging or accepting compensation from more than one party in any one transaction without first making full disclosure in writing of all the facts to all the parties interested in the transaction; (11) Accepting, taking, or charging any undisclosed commission, rebate, or direct profit on expenditures made for the principal; (12) Accepting employment or compensation for appraisal of real property contingent upon reporting a predetermined value; (13) Issuing an appraisal report on any real property in which the broker, associate broker, or salesperson has an interest unless his or her interest is clearly stated in the appraisal report; (14) Misrepresentation of his or her membership in any state or national real estate association; (15) Discrimination against any person in hiring or in sales activity, on the basis of any of the provisions of any state or federal antidiscrimination law; (16) Failing to keep an escrow or trustee account of funds deposited with him or her relating to a real estate transaction, for a period of three years, showing to whom paid, and such other pertinent information as the director may require, such records to be available to the director, or his or her representatives, on demand, or upon written notice given to the bank; (17) Failing to preserve for three years following its consummation records relating to any real estate transaction; (18) Failing to furnish a copy of any listing, sale, lease or other contract relevant to a real estate transaction to all signatories thereof at the time of execution; (19) Acceptance by a branch manager, associate broker, or salesperson of a commission or any valuable consideration for the performance of any acts specified in this chapter, from any person, except the licensed real estate broker with whom he or she is licensed; (20) To direct any transaction involving his or her principal, to any lending institution for financing or to any escrow company, in expectation of receiving a kickback or rebate therefrom, without first disclosing such expectation to his or her principal; (21) Buying, selling, or leasing directly, or through a third party, any interest in real property without disclosing in writing that he or she holds a real estate license; (22) In the case of a broker licensee, failing to exercise adequate supervision over the activities of his or her licensed associate brokers and salespersons within the scope of this chapter; (23) Any conduct in a real estate transaction which demonstrates bad faith, dishonesty, untrustworthiness, or incompetency; (24) Acting as a vehicle dealer, as defined in RCW 46.70.011, without having a license to do so; or (25) Failing to ensure that the title is transferred under chapter 46.12 RCW when engaging in a transaction involving a mobile home as a broker, associate broker, or salesperson. [2002 c 86 § 230; 1999 c 46 § 1; 1997 c 322 § 17; 1996 c 179 (2008 Ed.) Real Estate Brokers and Salespersons § 18; 1990 c 85 § 1; 1988 c 205 § 5. Prior: 1987 c 370 § 15; 1987 c 332 § 9; 1979 c 25 § 4; prior: 1977 ex.s. c 261 § 1; 1977 ex.s. c 204 § 1; 1972 ex.s. c 139 § 19; 1967 c 22 § 3; 1953 c 235 § 12; 1951 c 222 § 16; 1947 c 203 § 5; 1945 c 111 § 8; 1943 c 118 § 5; 1941 c 252 § 19; Rem. Supp. 1947 § 8340-42; prior: 1925 ex.s. c 129 § 13.] Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. Effective date—1996 c 179: See RCW 18.86.902. False advertising: Chapter 9.04 RCW. Obstructing justice: Chapter 9A.72 RCW. 18.85.231 Licenses—Office or records depositories required—Record maintenance and production. (Effective July 1, 2010.) Every licensed real estate firm must have and maintain an office or records depositories accessible in this state to representatives of the director. The firm must maintain and produce a complete set of records as required by this chapter. The director may prescribe rules for alternative and electronic record storage. [2008 c 23 § 24; 1997 c 322 § 15; 1957 c 52 § 41; 1951 c 222 § 15. Prior: 1947 c 203 § 4, part; 1945 c 111 § 7, part; 1943 c 118 § 4, part; 1941 c 252 § 18, part; Rem. Supp. 1947 § 8340-41, part; prior: 1925 ex.s. c 129 § 12, part. Formerly RCW 18.85.180.] 18.85.231 18.85.240 Disciplinary action—Director’s delegation of authority. (Effective until July 1, 2010.) The director may deputize one or more assistants to perform his or her duties with reference to disciplinary action. [1988 c 205 § 6; 1987 c 332 § 10; 1957 c 52 § 45. Prior: 1945 c 111 § 9, part; 1941 c 252 § 20, part; 1925 ex.s. c 129 § 14, part; Rem. Supp. 1945 § 8340-43, part.] 18.85.265 the surrender of the original license for the business and a payment of a fee as prescribed by the director by rule, the director shall issue a new license covering the new location. [2008 c 23 § 26; 1987 c 332 § 7; 1971 ex.s. c 266 § 17; 1957 c 52 § 43. Prior: 1947 c 203 § 4, part; 1945 c 111 § 7, part; 1943 c 118 § 4, part; 1941 c 252 § 18, part; Rem. Supp. 1947 § 8340-41, part; prior: 1925 ex.s. c 129 § 12, part. Formerly RCW 18.85.200.] 18.85.261 18.85.261 Disciplinary action—Hearing—Conduct of. (Effective until July 1, 2010.) The hearing officer shall cause a transcript of all such proceedings to be kept by a reporter and shall upon request after completion thereof, furnish a copy of such transcript to the licensed person or applicant accused in such proceedings at the expense of the licensee or applicant. The hearing officer shall certify the transcript of proceedings to be true and correct. If the director finds that the statement or accusation is not proved by a fair preponderance of evidence, the director shall notify the licensee or applicant and the person making the accusation and shall dismiss the case. [2002 c 86 § 231; 1987 c 332 § 12; 1951 c 222 § 24.] Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.85.240 18.85.241 Licenses—Branch office. (Effective July 1, 2010.) A designated broker may apply to the director for authority to establish one or more branch offices under the same name as the real estate firm upon the payment of a fee as prescribed by the director by rule. The director shall issue a duplicate license for each of the branch offices showing the location of the real estate firm and the particular branch. Each duplicate license shall be prominently displayed in the office for which it is issued. Each branch office shall be required to have a branch manager who shall be a managing broker authorized by the designated broker to perform the duties of a branch manager. A branch office license shall not be required where real estate sales activity is conducted on and, limited to a particular subdivision or tract, if a licensed office or branch office is located within thirty-five miles of the subdivision or tract. [2008 c 23 § 25; 1989 c 161 § 3; 1987 c 332 § 6; 1977 ex.s. c 24 § 5; 1972 ex.s. c 139 § 17; 1957 c 52 § 42. Prior: 1947 c 203 § 4, part; 1945 c 111 § 7, part; 1943 c 118 § 4, part; 1941 c 252 § 18, part; Rem. Supp. 1947 § 8340-41, part; prior: 1925 ex.s. c 129 § 12, part. Formerly RCW 18.85.190.] 18.85.241 18.85.255 Licenses—Change of location. (Effective July 1, 2010.) A designated broker, managing broker, or firm shall give notice in writing to the director of any change of that licensee’s business or records depository location. Upon 18.85.255 (2008 Ed.) 18.85.265 18.85.265 Inactive licenses. (Effective July 1, 2010.) (1) Any license issued under this chapter and not otherwise revoked is deemed "inactive" at any time it is delivered to the director. Until reissued under this chapter, the holder of an inactive license is prohibited from conducting real estate brokerage services. (2) An inactive license may be renewed on the same terms and conditions as an active license, except that a person with an inactive license need not comply with the education requirements of RCW 18.85.101(1)(c) or 18.85.211. Failure to renew shall result in cancellation in the same manner as an active license. (3) An inactive license may be placed in an active status upon completion of an application as provided by the director and upon compliance with this chapter and the rules adopted pursuant thereto. If a holder has an inactive license for more than three years, the holder must show proof of successfully completing a thirty clock hour course in real estate within one year before the application for active status. Holders employed by the state and conducting real estate transactions on behalf of the state are exempt from this course requirement. (4) The provisions of this chapter relating to the denial, suspension, and revocation of a license are applicable to an inactive license as well as an active license, except that when proceedings to suspend or revoke an inactive license have been initiated, the license shall remain inactive until the proceedings have been completed. [2008 c 23 § 28; 1994 c 291 § 3; 1988 c 205 § 4. Prior: 1987 c 514 § 1; 1987 c 332 § 17; 1985 c 162 § 4; 1977 ex.s. c 370 § 8. Formerly RCW 18.85.215.] Effective date—1994 c 291: See note following RCW 18.85.101. Severability—1987 c 514: See RCW 18.118.900. [Title 18 RCW—page 249] 18.85.271 Title 18 RCW: Businesses and Professions 18.85.271 Disciplinary action—Order—Appeal. (Effective until July 1, 2010.) If the director decides, after such hearing, that the evidence supports the accusation by a preponderance of evidence, the director may impose sanctions authorized under RCW 18.85.040. In such event the director shall enter an order to that effect and shall file the same in his or her office and immediately mail a copy to the affected party at the address of record with the department. Upon instituting appeal in the superior court, the appellant shall give a cash bond to the state of Washington, which bond shall be filed with the clerk of the court, in the sum of five hundred dollars to be approved by the judge of said court, conditioned to pay all costs that may be awarded against such appellant in the event of an adverse decision, such bond and notice to be filed within thirty days from the date of the director’s decision. [2002 c 86 § 232; 1989 c 175 § 66; 1988 c 205 § 8; 1987 c 332 § 13; 1972 ex.s. c 139 § 20; 1951 c 222 § 25.] 18.85.271 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. Effective date—1989 c 175: See note following RCW 34.05.010. 18.85.275 Designated broker or managing broker— Authority and duties. (Effective July 1, 2010.) (1) The designated broker or managing broker shall supervise the conduct of brokers and managing brokers for compliance with this chapter, chapter 18.235 RCW, and RCW 18.86.030. (2) Listings, transactions, management agreements, and other contracts relating to providing brokerage services are property of the real estate firm. Brokers shall timely deliver to their appointed managing broker all funds and records required to be held or maintained by the real estate firm. A managing broker is responsible for such funds and records only after they are received from the broker. A managing broker shall timely deliver to the designated broker all funds and records required to be held or maintained by the real estate firm. The designated broker is responsible for such funds and records only after they are received from the managing broker or broker. (3) The designated broker may delegate by written agreement the duties of safe handling of client funds, maintenance of trust accounts, and transaction and trust account records, along with supervision of brokers, to a managing broker licensed to the firm. The designated broker shall maintain a record of the firm’s managing brokers and delegations to managing brokers. (4) The designated broker or the designated broker’s delegate has the authority to amend, modify, bind, create, rescind, terminate, or release real estate brokerage service contracts on behalf of the real estate firm. The designated broker has the authority to accept new or transferred licensees to represent the real estate firm. (5) A broker who supervises or exercises right of control over other brokers in the performance of real estate brokerage services must be licensed as a managing broker. (6) During the first two years of a broker’s licensure, a managing broker must provide a heightened level of supervision as provided by rule of the director. [2008 c 23 § 21.] 18.85.275 18.85.281 Appeal—Transcript—Cost. (Effective until July 1, 2010.) The director shall prepare at appellant’s 18.85.281 [Title 18 RCW—page 250] expense and shall certify a transcript of the whole record of all matters involved in the appeal, which shall be thereupon delivered by the director to the court in which the appeal is pending. The appellant shall be notified of the filing of the transcript and the cost thereof and shall within fifteen days thereafter pay the cost of said transcript. If the cost is not paid in full within fifteen days the appeal shall be dismissed. [1997 c 322 § 18; 1951 c 222 § 26.] 18.85.285 Transactions and recordkeeping—Trust accounts—Requirements. (Effective July 1, 2010.) (1) Brokers and managing brokers must submit complete copies of their transactions to their firm. The designated broker shall keep adequate records of all real estate transactions handled by or through the firm or firms to which the designated broker is registered. The records shall include, but are not limited to, a copy of the purchase and sale agreement, earnest money receipt, and an itemization of the receipts and disbursements with each transaction. These records and all other records specified by the director by rule are open to inspection by the director or the director’s authorized representatives. (2) If any licensee exercises control over real estate transaction funds, those funds are considered trust funds. (3) Every real estate licensee shall deliver or cause to be delivered to all parties signing the same, within a reasonable time after signing, purchase and sale agreements, listing agreements, and all other like or similar instruments signed by the parties. (4) Every real estate firm that keeps separate real estate trust fund accounts must keep the accounts in a recognized Washington state depository. A real estate firm must maintain an adequate amount of funds in the trust fund accounts to facilitate the opening of the trust fund accounts or to prevent the closing of the trust fund accounts. (5) All licensees shall keep separate and apart and physically segregated from the licensees’ own funds, all funds or moneys including advance fees of clients that are being held by the licensees pending the closing of a real estate sale or transaction, or that have been collected for the clients and are being held for disbursement for or to the clients. (6) A firm is not required to maintain a trust fund account for transactions concerning a purchase and sale agreement that instructs the broker to deliver the earnest money check directly to a named closing agent or to the seller. (7) Brokers must deposit all funds into their firm’s trust bank account the next banking day following receipt of the funds unless the purchase and sale agreement provides for deferred deposit or delivery. In that event, the broker must promptly deposit or deliver funds in accordance with the terms of the purchase and sale agreement. (8)(a) If a real estate broker receives or maintains earnest money or client funds for deposit, the real estate firm shall maintain a pooled interest-bearing trust account for deposit of client funds, with the exception of property management trust accounts. (b) The interest accruing on this account, net of any reasonable and appropriate financial institution service charges or fees, shall be paid to the state treasurer for deposit in the Washington housing trust fund created in RCW 43.185.030 and the real estate education program account created in 18.85.285 (2008 Ed.) Real Estate Brokers and Salespersons 18.85.310 RCW 18.85.321. Appropriate service charges or fees are those charges made by financial institutions on other demand deposit or "now" accounts. The firm or designated broker is not required to notify the client of the intended use of the funds. (c) The department shall adopt rules that will serve as guidelines in the choice of an account specified in this subsection. (9) If trust funds are claimed by more than one party, the designated broker or designated broker’s delegate must promptly provide written notification to all contracting parties to a real estate transaction of the intent of the designated broker or designated broker’s delegate to disburse client funds. The notification must include the names and addresses of all parties to the contract, the amount of money held and to whom it will be disbursed, and the date of disbursement that must occur no later than thirty consecutive days after the notification date. (10) For an account created under subsection (8) of this section, the designated or managing broker shall direct the depository institution to: (a) Remit interest or dividends, net of any reasonable and appropriate service charges or fees, on the average monthly balance in the account, or as otherwise computed in accordance with an institution’s standard accounting practice, at least quarterly, to the state treasurer for deposit in the housing trust fund created by RCW 43.185.030 and the real estate education program account created in RCW 18.85.321; and (b) Transmit to the director of community, trade, and economic development a statement showing the name of the person or entity for whom the remittance is spent, the rate of interest applied, and the amount of service charges deducted, if any, and the account balance(s) of the period in which the report is made, with a copy of the statement to be transmitted to the depositing person or firm. (11) The director of community, trade, and economic development shall forward a copy of the reports required by subsection (10) of this section to the department to aid in the enforcement of the requirements of this section consistent with the normal enforcement and auditing practices of the department. (12)(a) This section does not relieve any real estate broker, managing broker, or firm of any obligation with respect to the safekeeping of clients’ funds. (b) Any violation by real estate brokers, managing brokers, or firms of any of the provisions of this section, RCW 18.85.361, or chapter 18.235 RCW is grounds for disciplinary action against the licenses issued to the brokers, managing brokers, or firms. [2008 c 23 § 37; 1999 c 48 § 1; 1995 c 399 § 7; 1993 c 50 § 2; 1988 c 286 § 2; 1987 c 513 § 1; 1957 c 52 § 44; 1953 c 235 § 13; 1951 c 222 § 19. Prior: 1947 c 203 § 4, part; 1945 c 111 § 7, part; 1943 c 118 § 4, part; 1941 c 252 § 18, part; Rem. Supp. 1947 § 8340-41, part; prior: 1925 ex.s. c 129 § 12, part. Formerly RCW 18.85.310.] 18.85.291 Brokers and managing brokers—Termination of affiliation with firm—Notice. (Effective July 1, 2010.) The licenses of a real estate broker and managing broker shall be kept at all times by their firm and when real estate brokers or managing brokers cease to represent the firm, their licenses shall cease to be in force. Brokers and managing brokers must submit written notification to the designated broker for their firm when they terminate affiliation with their firm. The firm, through the designated broker, shall give notice to the director and such notice shall be accompanied by and include the surrender of the broker’s or managing broker’s license. Failure of any designated broker for the firm to promptly notify the director of a broker’s or managing broker’s termination after demand by the affected broker or managing broker shall be grounds for disciplinary action against the firm and designated broker. Upon application of the broker or managing broker, and the payment of a fee as prescribed by the director by rule, the director shall issue a new license for the unexpired term, if the broker or managing broker is otherwise entitled thereto. When the firm terminates a broker’s or managing broker’s services for a violation of this chapter, or chapter 18.86 or 18.235 RCW, the firm shall immediately file a written statement of the facts in reference thereto with the director. [2008 c 23 § 40; 1987 c 332 § 14; 1953 c 235 § 14; 1947 c 203 § 7; 1943 c 118 § 7; 1941 c 252 § 26; Rem. Supp. 1947 § 8340-49. Prior: 1925 ex.s. c 129 § 21. Formerly RCW 18.85.320.] Effective date—1993 c 50: See note following RCW 18.85.061. 18.85.310 Broker’s records—Separate accounts— Interest-bearing trust accounts—Disposition of interest. (Effective until July 1, 2010.) (1) Every licensed real estate broker shall keep adequate records of all real estate transactions handled by or through the broker. The records shall include, but are not limited to, a copy of the earnest money Effective date—1987 c 513: "This act shall take effect January 1, 1988." [1987 c 513 § 15.] Severability—1987 c 513: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1987 c 513 § 13.] (2008 Ed.) 18.85.291 18.85.301 Sharing commissions. (Effective July 1, 2010.) (1) Except under subsection (4) of this section, it is unlawful for any licensed firm, broker, or managing broker to pay any part of the licensee’s commission or other compensation to any person who performs real estate brokerage services and who is not a licensed firm, real estate broker, or managing broker in any state of the United States or its possessions or any foreign jurisdiction with a real estate regulatory program. (2) Except under subsection (4) of this section, it is unlawful for any licensed real estate firm to pay any part of the firm’s commission from brokerage services or other compensation to a real estate broker or managing broker not licensed to do business for the firm. (3) Except under subsection (4) of this section, it is unlawful for licensed brokers or managing brokers to pay any part of their commission from brokerage services or other compensation to any person, whether licensed or not, except through the firm’s designated broker. (4) A commission may be shared with a manufactured housing retailer, licensed under chapter 46.70 RCW, on the sale of personal property manufactured housing sold in conjunction with the sale or lease of land. [2008 c 23 § 41; 1998 c 46 § 3; 1997 c 322 § 20; 1953 c 235 § 15; 1943 c 118 § 6; 1941 c 252 § 24; Rem. Supp. 1943 § 8340-47. Formerly RCW 18.85.330.] 18.85.301 18.85.310 [Title 18 RCW—page 251] 18.85.311 Title 18 RCW: Businesses and Professions receipt, and an itemization of the broker’s receipts and disbursements with each transaction. These records and all other records hereinafter specified shall be open to inspection by the director or the director’s authorized representatives. (2) Every real estate broker shall also deliver or cause to be delivered to all parties signing the same, at the time of signing, conformed copies of all earnest money receipts, listing agreements and all other like or similar instruments signed by the parties, including the closing statement. (3) Every real estate broker shall also keep separate real estate fund accounts in a recognized Washington state depositary authorized to receive funds in which shall be kept separate and apart and physically segregated from licensee broker’s own funds, all funds or moneys of clients which are being held by such licensee broker pending the closing of a real estate sale or transaction, or which have been collected for said client and are being held for disbursement for or to said client and such funds shall be deposited not later than the first banking day following receipt thereof. (4) Separate accounts comprised of clients’ funds required to be maintained under this section, with the exception of property management trust accounts, shall be interestbearing accounts from which withdrawals or transfers can be made without delay, subject only to the notice period which the depository institution is required to reserve by law or regulation. (5) Every real estate broker shall maintain a pooled interest-bearing escrow account for deposit of client funds, with the exception of property management trust accounts, which are nominal. As used in this section, a "nominal" deposit is a deposit of not more than ten thousand dollars. The interest accruing on this account, net of any reasonable and appropriate financial institution service charges or fees, shall be paid to the state treasurer for deposit in the Washington housing trust fund created in RCW 43.185.030 and the real estate education account created in RCW 18.85.317. Appropriate service charges or fees are those charges made by financial institutions on other demand deposit or "now" accounts. An agent may, but shall not be required to, notify the client of the intended use of such funds. (6) All client funds not required to be deposited in the account specified in subsection (5) of this section shall be deposited in: (a) A separate interest-bearing trust account for the particular client or client’s matter on which the interest will be paid to the client; or (b) The pooled interest-bearing trust account specified in subsection (5) of this section if the parties to the transaction agree. The department of licensing shall promulgate regulations which will serve as guidelines in the choice of an account specified in subsection (5) of this section or an account specified in this subsection. (7) For an account created under subsection (5) of this section, an agent shall direct the depository institution to: (a) Remit interest or dividends, net of any reasonable and appropriate service charges or fees, on the average monthly balance in the account, or as otherwise computed in accordance with an institution’s standard accounting practice, at least quarterly, to the state treasurer for deposit in the housing [Title 18 RCW—page 252] trust fund created by RCW 43.185.030 and the real estate education account created in RCW 18.85.317; and (b) Transmit to the director of community, trade, and economic development a statement showing the name of the person or entity for whom the remittance is spent, the rate of interest applied, and the amount of service charges deducted, if any, and the account balance(s) of the period in which the report is made, with a copy of such statement to be transmitted to the depositing person or firm. (8) The director shall forward a copy of the reports required by subsection (7) of this section to the department of licensing to aid in the enforcement of the requirements of this section consistent with the normal enforcement and auditing practices of the department of licensing. (9) This section does not relieve any real estate broker from any obligation with respect to the safekeeping of clients’ funds. (10) Any violation by a real estate broker of any of the provisions of this section, or RCW 18.85.230, shall be grounds for revocation of the licenses issued to the broker. [1999 c 48 § 1; 1995 c 399 § 7; 1993 c 50 § 2; 1988 c 286 § 2; 1987 c 513 § 1; 1957 c 52 § 44; 1953 c 235 § 13; 1951 c 222 § 19. Prior: 1947 c 203 § 4, part; 1945 c 111 § 7, part; 1943 c 118 § 4, part; 1941 c 252 § 18, part; Rem. Supp. 1947 § 8340-41, part; prior: 1925 ex.s. c 129 § 12, part.] Effective date—1993 c 50: See note following RCW 18.85.220. Effective date—1987 c 513: "This act shall take effect January 1, 1988." [1987 c 513 § 15.] Severability—1987 c 513: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1987 c 513 § 13.] 18.85.311 Distribution of interest from brokers’ trust accounts. (Effective July 1, 2010.) Remittances received by the state treasurer pursuant to RCW 18.85.285 shall be divided between the housing trust fund created by RCW 43.185.030, which shall receive seventy-five percent and the real estate education program account created by RCW 18.85.321, which shall receive twenty-five percent. [2008 c 23 § 38; 1993 c 50 § 3; 1987 c 513 § 9. Formerly RCW 18.85.315.] 18.85.311 Effective date—1993 c 50: See note following RCW 18.85.061. Effective date—Severability—1987 c 513: See notes following RCW 18.85.285. 18.85.315 Distribution of interest from brokers’ trust accounts. (Effective until July 1, 2010.) Remittances received by the treasurer pursuant to RCW 18.85.310 shall be divided between the housing trust fund created by RCW 43.185.030, which shall receive seventy-five percent and the real estate education account created by RCW 18.85.317, which shall receive twenty-five percent. [1993 c 50 § 3; 1987 c 513 § 9.] 18.85.315 Effective date—1993 c 50: See note following RCW 18.85.220. Effective date—Severability—1987 c 513: See notes following RCW 18.85.310. 18.85.317 Real estate education account. (Effective until July 1, 2010.) The real estate education account is created in the custody of the state treasurer. All moneys received 18.85.317 (2008 Ed.) Real Estate Brokers and Salespersons for credit to this account pursuant to RCW 18.85.315 and all moneys derived from fines imposed under this chapter shall be deposited into the account. Expenditures from the account may be made only upon the authorization of the director or a duly authorized representative of the director, and may be used only for the purposes of carrying out the director’s programs for education of real estate licensees and others in the real estate industry as described in RCW 18.85.040(4). All expenses and costs relating to the implementation or administration of, or payment of contract fees or charges for, the director’s real estate education programs may be paid from this account. The account is subject to appropriation under chapter 43.88 RCW. [1997 c 322 § 19; 1993 c 50 § 4.] Effective date—1993 c 50: See note following RCW 18.85.220. 18.85.320 18.85.320 Salespersons, associate brokers—Termination of services. (Effective until July 1, 2010.) The license of a real estate salesperson or associate real estate broker shall be retained at all times by his or her designated broker and when any real estate salesperson or associate real estate broker ceases to represent his or her broker his or her license shall cease to be in force. Notice of such termination shall be given by the broker to the director and such notice shall be accompanied by and include the surrender of the salesperson’s or associate real estate broker’s license. Failure of any broker to promptly notify the director of such salesperson’s or associate real estate broker’s termination after demand by the affected salesperson or associate real estate broker shall work a forfeiture of the broker’s license. Upon application of the salesperson or associate real estate broker and the payment of a fee as prescribed by the director by rule, the director shall issue a new license for the unexpired term, if such salesperson or associate real estate broker is otherwise entitled thereto. When a real estate salesperson’s or associate real estate broker’s services shall be terminated by his or her broker for a violation of any of the provisions of RCW 18.85.230, a written statement of the facts in reference thereto shall be filed forthwith with the director by the broker. [1987 c 332 § 14; 1953 c 235 § 14; 1947 c 203 § 7; 1943 c 118 § 7; 1941 c 252 § 26; Rem. Supp. 1947 § 8340-49. Prior: 1925 ex.s. c 129 § 21.] 18.85.341 Effective date—1993 c 50: See note following RCW 18.85.061. 18.85.330 Sharing commissions. (Effective until July 1, 2010.) (1) Except under subsection (4) of this section, it shall be unlawful for any licensed broker to pay any part of his or her commission or other compensation to any person who is not a licensed real estate broker in any state of the United States or its possessions or any province of the Dominion of Canada or any foreign jurisdiction with a real estate regulatory program. (2) Except under subsection (4) of this section, it shall be unlawful for any licensed broker to pay any part of his or her commission or other compensation to a real estate salesperson not licensed to do business for such broker. (3) Except under subsection (4) of this section, it shall be unlawful for any licensed salesperson to pay any part of his or her commission or other compensation to any person, whether licensed or not, except through his or her broker. (4) A commission may be shared with a manufactured housing retailer, licensed under chapter 46.70 RCW, on the sale of personal property manufactured housing sold in conjunction with the sale or lease of land. [1998 c 46 § 3; 1997 c 322 § 20; 1953 c 235 § 15; 1943 c 118 § 6; 1941 c 252 § 24; Rem. Supp. 1943 § 8340-47.] 18.85.330 18.85.331 License required—Prerequisite to suit for commission. (Effective July 1, 2010.) It is unlawful for any person to act as a real estate broker, managing broker, or real estate firm without first obtaining a license therefor, and otherwise complying with the provisions of this chapter. No suit or action shall be brought for the collection of compensation as a real estate broker, real estate firm, managing broker, or designated broker, without alleging and proving that the plaintiff was a duly licensed real estate broker, managing broker, or real estate firm before the time of offering to perform any real estate transaction or procuring any promise or contract for the payment of compensation for any contemplated real estate transaction. [2008 c 23 § 15; 1997 c 322 § 6; 1972 ex.s. c 139 § 9; 1951 c 222 § 8. Formerly: (i) 1941 c 252 § 6; Rem. Supp. 1941 § 8340-29. (ii) 1941 c 252 § 25; Rem. Supp. 1941 § 8340-48. Formerly RCW 18.85.100.] 18.85.331 18.85.321 18.85.321 Real estate education program account. (Effective July 1, 2010.) The real estate education program account is created in the custody of the state treasurer. All moneys received for credit to this account pursuant to RCW 18.85.311 and all moneys derived from fines imposed under this chapter shall be deposited into the account. Expenditures from the account may be made only upon the authorization of the director or a duly authorized representative of the director, and may be used only for the purposes of carrying out the director’s programs for education of real estate licensees, others in the real estate industry, and members of the public as described in RCW 18.85.041(6). All expenses and costs relating to the implementation or administration of, or payment of contract fees or charges for, the director’s real estate education programs may be paid from this account. The account is subject to appropriation under chapter 43.88 RCW. [2008 c 23 § 39; 1997 c 322 § 19; 1993 c 50 § 4. Formerly RCW 18.85.317.] (2008 Ed.) 18.85.340 Violations—Penalty. (Effective until July 1, 2010.) Any person acting as a real estate broker, associate real estate broker, or real estate salesperson, without a license, or violating any of the provisions of this chapter, shall be guilty of a gross misdemeanor. [1997 c 322 § 21; 1951 c 222 § 20; 1941 c 252 § 23; Rem. Supp. 1941 § 834046. Prior: 1925 ex.s. c 129 § 17.] 18.85.340 18.85.341 License suspension—Nonpayment or default on educational loan or scholarship. (Effective July 1, 2010.) The director shall suspend the license of any natural person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Before the suspension, the agency must provide the individual an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and 18.85.341 [Title 18 RCW—page 253] 18.85.345 Title 18 RCW: Businesses and Professions issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The individual’s license shall not be reissued until the individual provides the director a written release issued by the lending agency stating that the individual is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the individual has continued to meet all other requirements for licensure during the suspension, reinstatement is automatic upon receipt of the notice and payment of any reinstatement fee the director may impose. [2008 c 23 § 30; 1996 c 293 § 14. Formerly RCW 18.85.225.] Severability—1996 c 293: See note following RCW 18.04.420. 18.85.345 18.85.345 Attorney general as legal advisor. (Effective until July 1, 2010.) The attorney general shall render to the director opinions upon all questions of law relating to the construction or interpretation of this chapter, or arising in the administration thereof, that may be submitted to the director, and shall act as attorney for the director in all actions and proceedings brought by or against him or her under or pursuant to any provisions of this chapter. [1997 c 322 § 23; 1941 c 252 § 9; Rem. Supp. 1941 § 8340-32. Prior: 1925 ex.s. c 129 § 8.] 18.85.350 18.85.350 Enforcement provisions. (Effective until July 1, 2010.) The director may prefer a complaint for violation of any section of this chapter before any court of competent jurisdiction. The prosecuting attorney of each county shall prosecute any violation of the provisions of this chapter which occurs in his or her county, and if the prosecuting attorney fails to act, the director may request the attorney general to take action in lieu of the prosecuting attorney. Process issued by the director shall extend to all parts of the state, and may be served by any person authorized to serve process of courts of record, or may be mailed by registered mail to the licensee’s last business address of record in the office of the director. Whenever the director believes from evidence satisfactory to him or her that any person has violated any of the provisions of this chapter, or any order, license, decision, demand or requirement, or any part or provision thereof, he or she may bring an action, in the superior court in the county wherein such person resides, against such person to enjoin any such person from continuing such violation or engaging therein or doing any act or acts in furtherance thereof. In this action an order or judgment may be entered awarding such preliminary or final injunction as may be proper. The director may petition the superior court in any county in this state for the immediate appointment of a receiver to take over, operate or close any real estate office in this state which is found, upon inspection of its books and records to be operating in violation of the provisions of this chapter, pending a hearing as herein provided. [1997 c 322 § 24; 1967 c 22 § 2; 1957 c 52 § 48; 1953 c 235 § 16. Prior: (i) 1941 c 252 § 21, part; Rem. Supp. 1941 § 8340-44, part. (ii) 1947 c 203 § 6; 1941 c 252 § 22; Rem. Supp. 1947 § 834045.] [Title 18 RCW—page 254] 18.85.351 License suspension—Noncompliance with support order—Reissuance. (Effective July 1, 2010.) The director shall immediately suspend the license of any broker or managing broker who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as an individual who is not in compliance with a support order or a visitation order. If the individual has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license is automatic upon the director’s receipt of a release issued by the department of social and health services stating that the individual is in compliance with the order. [2008 c 23 § 31; 1997 c 58 § 826. Formerly RCW 18.85.227.] 18.85.351 Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 18.85.361 Disciplinary action—Grounds. (Effective July 1, 2010.) In addition to the unprofessional conduct described in RCW 18.235.130, the director may take disciplinary action against any person engaged in the business or acting in the capacity of a real estate broker, managing broker, designated broker, or real estate firm, regardless of whether the transaction was for the person’s own account or in a capacity as broker, managing broker, designated broker, or real estate firm, and may impose any of the sanctions and fines specified in RCW 18.235.110 for any holder or applicant who is guilty of: (1) Violating any of the provisions of this chapter or any lawful rules made by the director pursuant thereto or violating a provision of chapter 64.36, 19.105, or 18.235 RCW or RCW 18.86.030 or the rules adopted under those chapters or section; (2) Making, printing, publishing, distributing, or causing, authorizing, or knowingly permitting the making, printing, publication or distribution of false statements, descriptions or promises of such character as to reasonably induce any person to act thereon, if the statements, descriptions, or promises purport to be made or to be performed by either the licensee or his or her principal and the licensee then knew or, by the exercise of reasonable care and inquiry, could have known, of the falsity of the statements, descriptions or promises; (3) Knowingly committing, or being a party to, any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, scheme, or device whereby any other person lawfully relies upon the word, representation or conduct of the licensee; (4) Accepting the services of, or continuing in a representative capacity, any broker or managing broker who has not been granted a license, or after his or her license has been revoked or during a suspension thereof; (5) Conversion of any money, contract, deed, note, mortgage, or abstract or other evidence of title, to the person’s own use or to the use of that person’s principal or of any other person, when delivered in trust or on condition, in violation of the trust or before the happening of the condition; and failure to return any money or contract, deed, note, mortgage, 18.85.361 (2008 Ed.) Real Estate Brokers and Salespersons abstract, or other evidence of title within thirty days after the owner thereof is entitled thereto, and makes demand therefor, is prima facie evidence of such conversion; (6) Failing, upon demand, to disclose any information within the person’s knowledge, or to produce any document, book, or record in the person’s possession for inspection by the director or the director’s authorized representatives acting by authority of law; (7) Continuing to sell any real estate, or operating according to a plan of selling, whereby the interests of the public are endangered, after the director has, by order in writing, stated objections thereto; (8) Advertising in any manner without including the real estate firm’s name or assumed name as licensed in a clear and conspicuous manner in the advertisement; except, that real estate brokers, managing brokers, or firms advertising their personally owned real property must only disclose that they hold a real estate license; (9) Accepting other than cash or its equivalent as earnest money unless that fact is communicated to the owner before the owner’s acceptance of the offer to purchase, and such fact is shown in the purchase and sale agreement; (10) Charging or accepting compensation from more than one party in any one transaction without first making full disclosure in writing of all the facts to all the parties interested in the transaction; (11) Accepting, taking, or charging any undisclosed commission, rebate, or direct profit on expenditures made for the principal; (12) Accepting employment or compensation for appraisal of real property contingent upon reporting a predetermined value; (13) Issuing a report on any real property in which the broker, managing broker, or real estate firm has an interest unless that interest is clearly stated in the report; (14) Misrepresentation of membership in any state or national real estate association; (15) Discrimination against any person in hiring or in real estate brokerage service activity, on the basis of any of the provisions of any local, county, state, or federal antidiscrimination law; (16) Failing to keep an escrow or trustee account of funds deposited relating to a real estate transaction, for a period of three years, showing to whom paid, and other pertinent information as the director may require, such records to be available to the director, or the director’s representatives, on demand, or upon written notice given to the bank; (17) In the case of a firm and its designated broker, failing to preserve records relating to any real estate transaction for three years following the submission of the records to the firm; (18) Failing to furnish a copy of any listing, sale, lease, or other contract relevant to a real estate transaction to all signatories thereof within a reasonable time following execution; (19) In the case of a broker or managing broker, acceptance of a commission or any valuable consideration for the performance of any acts specified in this chapter, from any person, except the licensed real estate firm with whom the broker or managing broker is licensed; (2008 Ed.) 18.85.380 (20) To direct any transaction involving his or her principal, to any lending institution for financing or to any escrow company, in expectation of receiving a kickback or rebate therefrom, without first disclosing the expectation to his or her principal; (21) Buying, selling, or leasing directly, or through a third party, any interest in real property without disclosing in writing that the person is a real estate licensee; (22) In the case of real estate firms, and managing and designated brokers, failing to exercise adequate supervision over the activities of their brokers and managing brokers within the scope of this chapter; (23) Any conduct in a real estate transaction which demonstrates bad faith, dishonesty, untrustworthiness, or incompetence; (24) Acting as a vehicle dealer, as defined in RCW 46.70.011, without having a license to do so; or (25) Failing to ensure that the title is transferred under chapter 46.12 RCW when engaging in a transaction involving a mobile or manufactured home as a broker, managing or designated broker, or firm. [2008 c 23 § 32; 2002 c 86 § 230; 1999 c 46 § 1; 1997 c 322 § 17; 1996 c 179 § 18; 1990 c 85 § 1; 1988 c 205 § 5. Prior: 1987 c 370 § 15; 1987 c 332 § 9; 1979 c 25 § 4; prior: 1977 ex.s. c 261 § 1; 1977 ex.s. c 204 § 1; 1972 ex.s. c 139 § 19; 1967 c 22 § 3; 1953 c 235 § 12; 1951 c 222 § 16; 1947 c 203 § 5; 1945 c 111 § 8; 1943 c 118 § 5; 1941 c 252 § 19; Rem. Supp. 1947 § 8340-42; prior: 1925 ex.s. c 129 § 13. Formerly RCW 18.85.230.] Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. Effective date—1996 c 179: See RCW 18.86.902. False advertising: Chapter 9.04 RCW. Obstructing justice: Chapter 9A.72 RCW. 18.85.370 Disciplinary action—Director’s delegation of authority. (Effective July 1, 2010.) The director may authorize one or more assistants to perform the director’s duties with reference to disciplinary action. [2008 c 23 § 33; 1988 c 205 § 6; 1987 c 332 § 10; 1957 c 52 § 45. Prior: 1945 c 111 § 9, part; 1941 c 252 § 20, part; 1925 ex.s. c 129 § 14, part; Rem. Supp. 1945 § 8340-43, part. Formerly RCW 18.85.240.] 18.85.370 18.85.380 Disciplinary action—Hearing—Conduct of. (Effective July 1, 2010.) The hearing officer shall cause a transcript of all adjudicative proceedings to be kept by a reporter and shall upon request after completion thereof, furnish a copy of the transcript to the licensed person or applicant accused in the proceedings at the expense of the licensee or applicant. The hearing officer shall certify the transcript of proceedings to be true and correct. If the director finds that the statement or accusation is not proved by a fair preponderance of evidence, the director shall notify the licensee or applicant and the person making the accusation and shall dismiss the case. [2008 c 23 § 34; 2002 c 86 § 231; 1987 c 332 § 12; 1951 c 222 § 24. Formerly RCW 18.85.261.] 18.85.380 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. [Title 18 RCW—page 255] 18.85.390 Title 18 RCW: Businesses and Professions 18.85.390 Disciplinary action—Order—Appeal. (Effective July 1, 2010.) If the director decides, after an adjudicative hearing, that the evidence supports the accusation by a preponderance of evidence, the director may impose sanctions authorized under RCW 18.85.041. In such event the director shall enter an order to that effect and shall file the same in the director’s office and immediately mail a copy to the affected party at the address of record with the department. Upon instituting appeal in the superior court, the appellant shall give a cash bond to the state of Washington, which bond shall be filed with the clerk of the court, in the sum of one thousand dollars to be approved by the judge of said court, conditioned to pay all costs that may be awarded against an appellant in the event of an adverse decision, the bond and notice to be filed within thirty days from the date of the director’s decision. [2008 c 23 § 35; 2002 c 86 § 232; 1989 c 175 § 66; 1988 c 205 § 8; 1987 c 332 § 13; 1972 ex.s. c 139 § 20; 1951 c 222 § 25. Formerly RCW 18.85.271.] 18.85.390 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. Effective date—1989 c 175: See note following RCW 34.05.010. 18.85.400 Multiple listing associations—Entrance requirements. (Effective until July 1, 2010.) Each real estate multiple listing association shall submit to the real estate commission for approval or disapproval its entrance requirements. No later than sixty days after receipt of the real estate multiple listing associations entrance requirements the commission shall, with the directors approval, approve or disapprove the said entrance requirements. In no event shall the real estate commission approve any entrance requirements which shall be more restrictive on the person applying to join a real estate multiple listing association than the following: (1) Require the applicant at the time of application and admission to be a licensed broker under chapter 18.85 RCW; (2) Require the applicant, if all members of the real estate multiple listing association are so required, to obtain and maintain a policy of insurance, containing specified coverage within designated limits protecting members from claims by sellers who have made keys to their premises available to members for access to their properties, against losses arising from damage to or theft of contents of such properties; (3) Require the applicant to pay an initiation fee computed by dividing an amount equal to five times the book value of the real estate multiple listing association concerned (exclusive of any value for listings and exclusive of all investments not related to the operation of the real estate multiple listing association and exclusive of all real estate), by the number of real estate broker members of said organization: PROVIDED, That in no event shall the initiation fee exceed twenty-five hundred dollars; (4) Require the applicant for membership to have been: (a) A broker in the territory of the real estate multiple listing association for a period of one year; or (b) An associate broker with one year’s experience in the area of the real estate multiple listing association, who in addition has had one year’s experience as a broker in any other area of the state. 18.85.400 [Title 18 RCW—page 256] (5) Require the applicant to follow any other rules of the association which apply to all the members of such association: PROVIDED, That such other rules do not violate federal or state law: PROVIDED, That nothing in chapter 78, Laws of 1969 shall be construed to limit the authority of any real estate multiple listing association to engage in any activities which are not otherwise prohibited by law. [1969 c 78 § 2.] 18.85.401 Appeal—Transcript—Cost. (Effective July 1, 2010.) The director shall prepare at appellant’s expense and shall certify a transcript of the whole record of all matters involved in the appeal, which the director shall deliver to the court in which the appeal is pending. The appellant is notified of the filing of the transcript and the cost thereof and shall within fifteen days thereafter pay the cost of said transcript. If the cost is not paid in full within fifteen days the appeal is dismissed. [2008 c 23 § 36; 1997 c 322 § 18; 1951 c 222 § 26. Formerly RCW 18.85.281.] 18.85.401 18.85.411 Violations—Penalty. (Effective July 1, 2010.) Any person acting as a real estate broker, managing broker, or real estate firm, without a license, or violating any of the provisions of this chapter, is guilty of a gross misdemeanor. [2008 c 23 § 42; 1997 c 322 § 21; 1951 c 222 § 20; 1941 c 252 § 23; Rem. Supp. 1941 § 8340-46. Prior: 1925 ex.s. c 129 § 17. Formerly RCW 18.85.340.] 18.85.411 18.85.420 Attorney general as legal advisor. (Effective July 1, 2010.) The attorney general shall give the director opinions upon all questions of law relating to the construction or interpretation of this chapter, or arising in the administration thereof, that may be submitted to the director, and shall act as attorney for the director in all actions and proceedings brought by or against the director under or pursuant to any provisions of this chapter. [2008 c 23 § 43; 1997 c 322 § 23; 1941 c 252 § 9; Rem. Supp. 1941 § 8340-32. Prior: 1925 ex.s. c 129 § 8. Formerly RCW 18.85.345.] 18.85.420 18.85.430 Enforcement provisions. (Effective July 1, 2010.) The director may refer a complaint for violation of any section of this chapter before any court of competent jurisdiction. The prosecuting attorney of each county shall prosecute any violation of the provisions of this chapter that occurs in the prosecuting attorney’s county, and if the prosecuting attorney fails to act, the director may request the attorney general to take action in lieu of the prosecuting attorney. Process issued by the director shall extend to all parts of the state, and may be served by any person authorized to serve process of courts of record, or may be mailed by certified mail, return receipt requested, to the licensee’s last business address of record in the office of the director. Whenever the director believes from evidence satisfactory to the director that a person has violated any of the provisions of this chapter, or any order, license, decision, demand or requirement, or any part or provision thereof, the director may bring an action, in the superior court in the county wherein the person resides, to enjoin that person from continuing the violation or engaging therein or doing any act 18.85.430 (2008 Ed.) Real Estate Brokers and Salespersons or acts in furtherance thereof. In this action an order or judgment may be entered awarding a preliminary or final injunction as may be proper. The director may petition the superior court in any county in this state for the immediate appointment of a receiver to take over, operate or close any real estate office in this state which is found, upon inspection of its books and records to be operating in violation of the provisions of this chapter, pending a hearing. [2008 c 23 § 44; 1997 c 322 § 24; 1967 c 22 § 2; 1957 c 52 § 48; 1953 c 235 § 16. Prior: (i) 1941 c 252 § 21, part; Rem. Supp. 1941 § 8340-44, part. (ii) 1947 c 203 § 6; 1941 c 252 § 22; Rem. Supp. 1947 § 8340-45. Formerly RCW 18.85.350.] 18.85.440 Uniform regulation of business and professions act. (Effective July 1, 2010.) The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 233. Formerly RCW 18.85.550.] 18.85.440 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.85.450 Land development representative—Registration—Minimum requirements. (Effective until July 1, 2010.) The director shall issue a land development representative registration for any applicant, upon application made by the employing real estate broker, on a form provided by the department. The minimum requirements for an individual to be registered as a land development representative are that the applicant shall: (1) Be eighteen years of age or older; and (2) Furnish such proof as the director may require concerning the applicant’s honesty, good reputation, and identification which may include finger prints. [1987 c 332 § 15; 1977 ex.s. c 24 § 6.] 18.85.450 18.85.451 Fee assessed. (Effective July 1, 2010, until September 30, 2010.) (1) A fee of ten dollars is created and shall be assessed on each real estate broker and managing broker originally licensed after October 1, 1999, and upon each renewal of a license with an expiration date after October 1, 1999, including renewals of inactive licenses. (2) This section expires September 30, 2010. [2008 c 23 § 45; 2005 c 185 § 1; 1999 c 192 § 1. Formerly RCW 18.85.520.] 18.85.451 18.85.460 Land development representative—Registration issued to employing broker—Display—Fee— Transferability—Period of validity. (Effective until July 1, 2010.) The registration for a land development representative shall be issued to and retained by the employing broker and shall be displayed as set forth in this chapter for licenses. A fee as prescribed by the director by rule shall accompany each application for registration. Each registration shall be valid for a period of one year from date of issue or until employment with the broker is terminated, whichever occurs first. No registration may be transferred to another broker, nor may a representative be registered to more than one bro18.85.460 (2008 Ed.) 18.85.471 ker at a time. Upon the termination of employment of any representative the broker shall release and return the registration of that representative to the department. [1987 c 332 § 16; 1977 ex.s. c 24 § 7.] 18.85.461 Washington real estate research account— Creation. (Effective July 1, 2010, until September 30, 2010.) (1) The Washington real estate research account is created in the state treasury. All receipts from the fee under RCW 18.85.451 shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes of RCW 18.85.471. (2) This section expires September 30, 2010. [2008 c 23 § 46; 2005 c 185 § 2; 1999 c 192 § 2. Formerly RCW 18.85.530.] 18.85.461 18.85.470 Land development representative— Authorized activities—"Land development" defined. (Effective until July 1, 2010.) (1) The activity of a land development representative registered with a broker under this chapter shall be restricted to land developments as defined in this section and limited to: (a) Disseminating information; (b) Contacting prospective purchasers; and (c) Transporting prospective purchasers to the land development site. (2) This section shall not be construed to authorize any representative to: (a) Engage in the selling of real estate; (b) Negotiate for or bind the broker in any agreement relating to the sale of real estate; (c) Receive or handle funds; (d) Assist in preparation of documentation attendant upon sale of real estate; or (e) Engage in any other conduct or activity specified in any of the definitions under RCW 18.85.010, except as provided by subsection (1) of this section. (3) The words "land development" as used in this chapter mean land which is divided, for the purpose of disposition, into ten or more parcels on which no residential structure exists at the time it is offered for sale. [1977 ex.s. c 24 § 8.] 18.85.470 18.85.471 Real estate research center—Purpose. (Effective July 1, 2010, until September 30, 2010.) (1) The purpose of a real estate research center in Washington state is to provide credible research, value-added information, education services, and project-oriented research to real estate licensees, real estate consumers, real estate service providers, institutional customers, public agencies, and communities in Washington state and the Pacific Northwest region. The center may: (a) Conduct studies and research on affordable housing and strategies to meet the affordable housing needs of the state; (b) Conduct studies in all areas directly or indirectly related to real estate and urban or rural economics and economically isolated communities; 18.85.471 [Title 18 RCW—page 257] 18.85.480 Title 18 RCW: Businesses and Professions (c) Disseminate findings and results of real estate research conducted at or by the center or elsewhere, using a variety of dissemination media; (d) Supply research results and educational expertise to the Washington state real estate commission to support its regulatory functions, as requested; (e) Prepare information of interest to real estate consumers and make the information available to the general public, universities, or colleges, and appropriate state agencies; (f) Encourage economic growth and development within the state of Washington; (g) Support the professional development and continuing education of real estate licensees in Washington; (h) Study and recommend changes in state statutes relating to real estate; and (i) Develop a vacancy rate standard for low-income housing in the state. (2) The director shall establish a memorandum of understanding with an institution of higher learning that establishes a real estate research center for the purposes under subsection (1) of this section. (3) This section expires September 30, 2010. [2005 c 185 § 3; 2002 c 294 § 5; 1999 c 192 § 3. Formerly RCW 18.85.540.] Findings—2002 c 294: See note following RCW 36.22.178. 18.85.480 Land development representative— Responsibility of employing broker—Violations. (Effective until July 1, 2010.) Full responsibility for the activities of the land development representative registered under this chapter shall rest with the employing broker. The director may deny, suspend, or revoke the registration of any representative or the license of the employing broker for any violation of this chapter by the representative. [1977 ex.s. c 24 § 9.] 18.85.480 18.85.481 Changes in licensing categories—Effect on status of proceedings, existing rules, forms, and licenses. (Effective July 1, 2010.) (1) The changes made by chapter 23, Laws of 2008 regarding the licensing categories do not affect the status of a complaint, investigation, or other proceeding. A rule or form adopted by the director before July 1, 2010, remains in effect as a rule or form of the department until amended or changed. (2) After July 1, 2010, a salesperson’s license is continued in effect but is recognized by the department as a broker’s license; and associate broker’s, branch manager’s, and designated broker’s licenses are continued in effect but are recognized by the department as managing broker’s licenses. All licensees are required to take a transition course by the licensee’s first renewal date after July 1, 2010. The department shall approve the transition course for continuing education credit. All licenses retain their renewal dates established prior to July 1, 2010. New licenses may be issued after completion of the transition course and at the time of the licensee’s first renewal date after July 1, 2010. [2008 c 23 § 48.] 18.85.481 originally licensed after October 1, 1999, and upon each renewal of a license with an expiration date after October 1, 1999, including renewals of inactive licenses. (2) This section expires September 30, 2010. [2005 c 185 § 1; 1999 c 192 § 1.] 18.85.530 Washington real estate research account— Creation. (Effective until July 1, 2010.) (1) The Washington real estate research account is created in the state treasury. All receipts from the fee under RCW 18.85.520 shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes of RCW 18.85.540. (2) This section expires September 30, 2010. [2005 c 185 § 2; 1999 c 192 § 2.] 18.85.530 18.85.540 Real estate research center—Purpose. (Effective until July 1, 2010.) (1) The purpose of a real estate research center in Washington state is to provide credible research, value-added information, education services, and project-oriented research to real estate licensees, real estate consumers, real estate service providers, institutional customers, public agencies, and communities in Washington state and the Pacific Northwest region. The center may: (a) Conduct studies and research on affordable housing and strategies to meet the affordable housing needs of the state; (b) Conduct studies in all areas directly or indirectly related to real estate and urban or rural economics and economically isolated communities; (c) Disseminate findings and results of real estate research conducted at or by the center or elsewhere, using a variety of dissemination media; (d) Supply research results and educational expertise to the Washington state real estate commission to support its regulatory functions, as requested; (e) Prepare information of interest to real estate consumers and make the information available to the general public, universities, or colleges, and appropriate state agencies; (f) Encourage economic growth and development within the state of Washington; (g) Support the professional development and continuing education of real estate licensees in Washington; (h) Study and recommend changes in state statutes relating to real estate; and (i) Develop a vacancy rate standard for low-income housing in the state. (2) The director shall establish a memorandum of understanding with an institution of higher learning that establishes a real estate research center for the purposes under subsection (1) of this section. (3) This section expires September 30, 2010. [2005 c 185 § 3; 2002 c 294 § 5; 1999 c 192 § 3.] 18.85.540 Findings—2002 c 294: See note following RCW 36.22.178. 18.85.550 Uniform regulation of business and professions act. (Effective until July 1, 2010.) The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of 18.85.550 18.85.520 Fee assessed. (Effective until July 1, 2010.) (1) A fee of ten dollars is created and shall be assessed on each real estate broker, associate broker, and salesperson 18.85.520 [Title 18 RCW—page 258] (2008 Ed.) Real Estate Brokerage Relationships licenses, and the discipline of licensees under this chapter. [2002 c 86 § 233.] Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.85.560 Out-of-state broker/salesperson/associate broker—Requirements in lieu of licensing. (Effective until July 1, 2010.) (1) An out-of-state broker, for a fee, commission, or other valuable consideration, or in the expectation, or upon the promise of receiving or collecting a fee, commission, or other valuable consideration, may perform those acts that require a license under this chapter, with respect to commercial real estate, provided that the out-ofstate broker does all of the following: (a) Works in cooperation with a Washington real estate broker who holds a valid, active license issued under this chapter; (b) Enters into a written agreement with the Washington broker that includes the terms of cooperation, oversight by the Washington broker, compensation, and a statement that the out-of-state broker and its agents will agree to adhere to the laws of Washington; (c) Furnishes the Washington broker with a copy of the out-of-state broker’s current license in good standing from any jurisdiction where the out-of-state broker maintains an active real estate license; (d) Consents to jurisdiction that legal actions arising out of the conduct of the out-of-state broker or its agents may be commenced against the out-of-state broker in the court of proper jurisdiction of any county in Washington where the cause of action arises or where the plaintiff resides; (e) Includes the name of the Washington broker on all advertising in accordance with RCW 18.85.230(8); and (f) Deposits all documentation required by this section and records and documents related to the transaction with the Washington broker, for a period of three years after the date the documentation is provided, or the transaction occurred, as appropriate. (2) An out-of-state salesperson or associate broker may perform those acts that require a real estate salesperson or associate broker license under this chapter with respect to commercial real estate, provided that the out-of-state salesperson or associate broker meets all of the following requirements: (a) Is licensed with and works under the direct supervision of an out-of-state broker who meets all of the requirements under subsection (1) of this section; and (b) Provides the Washington broker who is working in cooperation with the out-of-state broker with whom the salesperson or associate broker is associated with a copy of the salesperson’s or associate broker’s current license in good standing from the jurisdiction where the out-of-state salesperson or associate broker maintains an active real estate license in connection with the out-of-state broker. (3) A person licensed in a jurisdiction where there is no legal distinction between a real estate broker license and a real estate salesperson license must meet the requirements of subsection (1) of this section before engaging in any activity described in this section that requires a real estate broker license in this state. [2003 c 201 § 2.] 18.85.560 (2008 Ed.) 18.86.010 18.85.900 Severability—1941 c 252. If any section, subdivision, sentence or clause in this act shall be held invalid or unconstitutional, such fact shall not affect the validity of the remaining portions of this act. [1941 c 252 § 28.] 18.85.900 18.85.910 Severability—1951 c 222. The provisions of this act are to be severable and if any section, subdivision or clause of this act shall be held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of the act. [1951 c 222 § 27.] 18.85.910 18.85.920 Severability—1972 ex.s. c 139. The provisions of this 1972 amendatory act are to be severable and if any section, subdivision, or clause of this act shall be held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of the act. [1972 ex.s. c 139 § 22.] 18.85.920 18.85.930 Effective date—2008 c 23. This act takes effect July 1, 2010. [2008 c 23 § 51.] 18.85.930 Chapter 18.86 RCW REAL ESTATE BROKERAGE RELATIONSHIPS Chapter 18.86 Sections 18.86.010 18.86.020 18.86.030 18.86.031 18.86.040 18.86.050 18.86.060 18.86.070 18.86.080 18.86.090 18.86.100 18.86.110 18.86.120 18.86.900 18.86.901 18.86.902 Definitions. Agency relationship. Duties of licensee. Violation of licensing law. Seller’s agent—Duties. Buyer’s agent—Duties. Dual agent—Duties. Duration of agency relationship. Compensation. Vicarious liability. Imputed knowledge and notice. Application. Pamphlet on the law of real estate agency—Content. Effective date—1996 c 179. Captions not law—1996 c 179. Effective date—1996 c 179. 18.86.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Agency relationship" means the agency relationship created under this chapter or by written agreement between a licensee and a buyer and/or seller relating to the performance of real estate brokerage services by the licensee. (2) "Agent" means a licensee who has entered into an agency relationship with a buyer or seller. (3) "Business opportunity" means and includes a business, business opportunity, and goodwill of an existing business, or any one or combination thereof. (4) "Buyer" means an actual or prospective purchaser in a real estate transaction, or an actual or prospective tenant in a real estate rental or lease transaction, as applicable. (5) "Buyer’s agent" means a licensee who has entered into an agency relationship with only the buyer in a real estate transaction, and includes subagents engaged by a buyer’s agent. (6) "Confidential information" means information from or concerning a principal of a licensee that: 18.86.010 [Title 18 RCW—page 259] 18.86.020 Title 18 RCW: Businesses and Professions (a) Was acquired by the licensee during the course of an agency relationship with the principal; (b) The principal reasonably expects to be kept confidential; (c) The principal has not disclosed or authorized to be disclosed to third parties; (d) Would, if disclosed, operate to the detriment of the principal; and (e) The principal personally would not be obligated to disclose to the other party. (7) "Dual agent" means a licensee who has entered into an agency relationship with both the buyer and seller in the same transaction. (8) "Licensee" means a real estate broker, associate real estate broker, or real estate salesperson, as those terms are defined in chapter 18.85 RCW. (9) "Material fact" means information that substantially adversely affects the value of the property or a party’s ability to perform its obligations in a real estate transaction, or operates to materially impair or defeat the purpose of the transaction. The fact or suspicion that the property, or any neighboring property, is or was the site of a murder, suicide or other death, rape or other sex crime, assault or other violent crime, robbery or burglary, illegal drug activity, gang-related activity, political or religious activity, or other act, occurrence, or use not adversely affecting the physical condition of or title to the property is not a material fact. (10) "Principal" means a buyer or a seller who has entered into an agency relationship with a licensee. (11) "Real estate brokerage services" means the rendering of services for which a real estate license is required under chapter 18.85 RCW. (12) "Real estate transaction" or "transaction" means an actual or prospective transaction involving a purchase, sale, option, or exchange of any interest in real property or a business opportunity, or a lease or rental of real property. For purposes of this chapter, a prospective transaction does not exist until a written offer has been signed by at least one of the parties. (13) "Seller" means an actual or prospective seller in a real estate transaction, or an actual or prospective landlord in a real estate rental or lease transaction, as applicable. (14) "Seller’s agent" means a licensee who has entered into an agency relationship with only the seller in a real estate transaction, and includes subagents engaged by a seller’s agent. (15) "Subagent" means a licensee who is engaged to act on behalf of a principal by the principal’s agent where the principal has authorized the agent in writing to appoint subagents. [1996 c 179 § 1.] 18.86.020 Agency relationship. (1) A licensee who performs real estate brokerage services for a buyer is a buyer’s agent unless the: (a) Licensee has entered into a written agency agreement with the seller, in which case the licensee is a seller’s agent; (b) Licensee has entered into a subagency agreement with the seller’s agent, in which case the licensee is a seller’s agent; (c) Licensee has entered into a written agency agreement with both parties, in which case the licensee is a dual agent; 18.86.020 [Title 18 RCW—page 260] (d) Licensee is the seller or one of the sellers; or (e) Parties agree otherwise in writing after the licensee has complied with RCW 18.86.030(1)(f). (2) In a transaction in which different licensees affiliated with the same broker represent different parties, the broker is a dual agent, and must obtain the written consent of both parties as required under RCW 18.86.060. In such a case, each licensee shall solely represent the party with whom the licensee has an agency relationship, unless all parties agree in writing that both licensees are dual agents. (3) A licensee may work with a party in separate transactions pursuant to different relationships, including, but not limited to, representing a party in one transaction and at the same time not representing that party in a different transaction involving that party, if the licensee complies with this chapter in establishing the relationships for each transaction. [1997 c 217 § 1; 1996 c 179 § 2.] Effective date—1997 c 217 §§ 1-6 and 8: "Sections 1 through 6 and 8 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [April 25, 1997]." [1997 c 217 § 9.] Real estate agency pamphlet—1997 c 217 §§ 1-6: See note following RCW 18.86.120. 18.86.030 Duties of licensee. (1) Regardless of whether the licensee is an agent, a licensee owes to all parties to whom the licensee renders real estate brokerage services the following duties, which may not be waived: (a) To exercise reasonable skill and care; (b) To deal honestly and in good faith; (c) To present all written offers, written notices and other written communications to and from either party in a timely manner, regardless of whether the property is subject to an existing contract for sale or the buyer is already a party to an existing contract to purchase; (d) To disclose all existing material facts known by the licensee and not apparent or readily ascertainable to a party; provided that this subsection shall not be construed to imply any duty to investigate matters that the licensee has not agreed to investigate; (e) To account in a timely manner for all money and property received from or on behalf of either party; (f) To provide a pamphlet on the law of real estate agency in the form prescribed in RCW 18.86.120 to all parties to whom the licensee renders real estate brokerage services, before the party signs an agency agreement with the licensee, signs an offer in a real estate transaction handled by the licensee, consents to dual agency, or waives any rights, under RCW 18.86.020(1)(e), 18.86.040(1)(e), 18.86.050(1)(e), or 18.86.060(2) (e) or (f), whichever occurs earliest; and (g) To disclose in writing to all parties to whom the licensee renders real estate brokerage services, before the party signs an offer in a real estate transaction handled by the licensee, whether the licensee represents the buyer, the seller, both parties, or neither party. The disclosure shall be set forth in a separate paragraph entitled "Agency Disclosure" in the agreement between the buyer and seller or in a separate writing entitled "Agency Disclosure." (2) Unless otherwise agreed, a licensee owes no duty to conduct an independent inspection of the property or to con18.86.030 (2008 Ed.) Real Estate Brokerage Relationships duct an independent investigation of either party’s financial condition, and owes no duty to independently verify the accuracy or completeness of any statement made by either party or by any source reasonably believed by the licensee to be reliable. [1996 c 179 § 3.] 18.86.031 Violation of licensing law. A violation of RCW 18.86.030 is a violation of *RCW 18.85.230. [1996 c 179 § 14.] 18.86.031 *Reviser’s note: RCW 18.85.230 was recodified as RCW 18.85.361 pursuant to 2008 c 23 § 49, effective July 1, 2010. 18.86.040 Seller’s agent—Duties. (1) Unless additional duties are agreed to in writing signed by a seller’s agent, the duties of a seller’s agent are limited to those set forth in RCW 18.86.030 and the following, which may not be waived except as expressly set forth in (e) of this subsection: (a) To be loyal to the seller by taking no action that is adverse or detrimental to the seller’s interest in a transaction; (b) To timely disclose to the seller any conflicts of interest; (c) To advise the seller to seek expert advice on matters relating to the transaction that are beyond the agent’s expertise; (d) Not to disclose any confidential information from or about the seller, except under subpoena or court order, even after termination of the agency relationship; and (e) Unless otherwise agreed to in writing after the seller’s agent has complied with RCW 18.86.030(1)(f), to make a good faith and continuous effort to find a buyer for the property; except that a seller’s agent is not obligated to seek additional offers to purchase the property while the property is subject to an existing contract for sale. (2)(a) The showing of properties not owned by the seller to prospective buyers or the listing of competing properties for sale by a seller’s agent does not in and of itself breach the duty of loyalty to the seller or create a conflict of interest. (b) The representation of more than one seller by different licensees affiliated with the same broker in competing transactions involving the same buyer does not in and of itself breach the duty of loyalty to the sellers or create a conflict of interest. [1997 c 217 § 2; 1996 c 179 § 4.] 18.86.040 Real estate agency pamphlet—1997 c 217 §§ 1-6: See note following RCW 18.86.120. Effective date—1997 c 217 §§ 1-6 and 8: See note following RCW 18.86.020. 18.86.050 Buyer’s agent—Duties. (1) Unless additional duties are agreed to in writing signed by a buyer’s agent, the duties of a buyer’s agent are limited to those set forth in RCW 18.86.030 and the following, which may not be waived except as expressly set forth in (e) of this subsection: (a) To be loyal to the buyer by taking no action that is adverse or detrimental to the buyer’s interest in a transaction; (b) To timely disclose to the buyer any conflicts of interest; (c) To advise the buyer to seek expert advice on matters relating to the transaction that are beyond the agent’s expertise; 18.86.050 (2008 Ed.) 18.86.060 (d) Not to disclose any confidential information from or about the buyer, except under subpoena or court order, even after termination of the agency relationship; and (e) Unless otherwise agreed to in writing after the buyer’s agent has complied with RCW 18.86.030(1)(f), to make a good faith and continuous effort to find a property for the buyer; except that a buyer’s agent is not obligated to: (i) Seek additional properties to purchase while the buyer is a party to an existing contract to purchase; or (ii) show properties as to which there is no written agreement to pay compensation to the buyer’s agent. (2)(a) The showing of property in which a buyer is interested to other prospective buyers by a buyer’s agent does not in and of itself breach the duty of loyalty to the buyer or create a conflict of interest. (b) The representation of more than one buyer by different licensees affiliated with the same broker in competing transactions involving the same property does not in and of itself breach the duty of loyalty to the buyers or create a conflict of interest. [1997 c 217 § 3; 1996 c 179 § 5.] Real estate agency pamphlet—1997 c 217 §§ 1-6: See note following RCW 18.86.120. Effective date—1997 c 217 §§ 1-6 and 8: See note following RCW 18.86.020. 18.86.060 Dual agent—Duties. (1) Notwithstanding any other provision of this chapter, a licensee may act as a dual agent only with the written consent of both parties to the transaction after the dual agent has complied with RCW 18.86.030(1)(f), which consent must include a statement of the terms of compensation. (2) Unless additional duties are agreed to in writing signed by a dual agent, the duties of a dual agent are limited to those set forth in RCW 18.86.030 and the following, which may not be waived except as expressly set forth in (e) and (f) of this subsection: (a) To take no action that is adverse or detrimental to either party’s interest in a transaction; (b) To timely disclose to both parties any conflicts of interest; (c) To advise both parties to seek expert advice on matters relating to the transaction that are beyond the dual agent’s expertise; (d) Not to disclose any confidential information from or about either party, except under subpoena or court order, even after termination of the agency relationship; (e) Unless otherwise agreed to in writing after the dual agent has complied with RCW 18.86.030(1)(f), to make a good faith and continuous effort to find a buyer for the property; except that a dual agent is not obligated to seek additional offers to purchase the property while the property is subject to an existing contract for sale; and (f) Unless otherwise agreed to in writing after the dual agent has complied with RCW 18.86.030(1)(f), to make a good faith and continuous effort to find a property for the buyer; except that a dual agent is not obligated to: (i) Seek additional properties to purchase while the buyer is a party to an existing contract to purchase; or (ii) show properties as to which there is no written agreement to pay compensation to the dual agent. 18.86.060 [Title 18 RCW—page 261] 18.86.070 Title 18 RCW: Businesses and Professions (3)(a) The showing of properties not owned by the seller to prospective buyers or the listing of competing properties for sale by a dual agent does not in and of itself constitute action that is adverse or detrimental to the seller or create a conflict of interest. (b) The representation of more than one seller by different licensees affiliated with the same broker in competing transactions involving the same buyer does not in and of itself constitute action that is adverse or detrimental to the sellers or create a conflict of interest. (4)(a) The showing of property in which a buyer is interested to other prospective buyers or the presentation of additional offers to purchase property while the property is subject to a transaction by a dual agent does not in and of itself constitute action that is adverse or detrimental to the buyer or create a conflict of interest. (b) The representation of more than one buyer by different licensees affiliated with the same broker in competing transactions involving the same property does not in and of itself constitute action that is adverse or detrimental to the buyers or create a conflict of interest. [1997 c 217 § 4; 1996 c 179 § 6.] Real estate agency pamphlet—1997 c 217 §§ 1-6: See note following RCW 18.86.120. Effective date—1997 c 217 §§ 1-6 and 8: See note following RCW 18.86.020. 18.86.070 Duration of agency relationship. (1) The agency relationships set forth in this chapter commence at the time that the licensee undertakes to provide real estate brokerage services to a principal and continue until the earliest of the following: (a) Completion of performance by the licensee; (b) Expiration of the term agreed upon by the parties; (c) Termination of the relationship by mutual agreement of the parties; or (d) Termination of the relationship by notice from either party to the other. However, such a termination does not affect the contractual rights of either party. (2) Except as otherwise agreed to in writing, a licensee owes no further duty after termination of the agency relationship, other than the duties of: (a) Accounting for all moneys and property received during the relationship; and (b) Not disclosing confidential information. [1997 c 217 § 5; 1996 c 179 § 7.] 18.86.070 Real estate agency pamphlet—1997 c 217 §§ 1-6: See note following RCW 18.86.120. Effective date—1997 c 217 §§ 1-6 and 8: See note following RCW 18.86.020. 18.86.080 Compensation. (1) In any real estate transaction, the broker’s compensation may be paid by the seller, the buyer, a third party, or by sharing the compensation between brokers. (2) An agreement to pay or payment of compensation does not establish an agency relationship between the party who paid the compensation and the licensee. (3) A seller may agree that a seller’s agent may share with another broker the compensation paid by the seller. 18.86.080 [Title 18 RCW—page 262] (4) A buyer may agree that a buyer’s agent may share with another broker the compensation paid by the buyer. (5) A broker may be compensated by more than one party for real estate brokerage services in a real estate transaction, if those parties consent in writing at or before the time of signing an offer in the transaction. (6) A buyer’s agent or dual agent may receive compensation based on the purchase price without breaching any duty to the buyer. (7) Nothing contained in this chapter negates the requirement that an agreement authorizing or employing a licensee to sell or purchase real estate for compensation or a commission be in writing and signed by the seller or buyer. [1997 c 217 § 6; 1996 c 179 § 8.] Real estate agency pamphlet—1997 c 217 §§ 1-6: See note following RCW 18.86.120. Effective date—1997 c 217 §§ 1-6 and 8: See note following RCW 18.86.020. 18.86.090 Vicarious liability. (1) A principal is not liable for an act, error, or omission by an agent or subagent of the principal arising out of an agency relationship: (a) Unless the principal participated in or authorized the act, error, or omission; or (b) Except to the extent that: (i) The principal benefited from the act, error, or omission; and (ii) the court determines that it is highly probable that the claimant would be unable to enforce a judgment against the agent or subagent. (2) A licensee is not liable for an act, error, or omission of a subagent under this chapter, unless the licensee participated in or authorized the act, error or omission. This subsection does not limit the liability of a real estate broker for an act, error, or omission by an associate real estate broker or real estate salesperson licensed to that broker. [1996 c 179 § 9.] 18.86.090 18.86.100 Imputed knowledge and notice. (1) Unless otherwise agreed to in writing, a principal does not have knowledge or notice of any facts known by an agent or subagent of the principal that are not actually known by the principal. (2) Unless otherwise agreed to in writing, a licensee does not have knowledge or notice of any facts known by a subagent that are not actually known by the licensee. This subsection does not limit the knowledge imputed to a real estate broker of any facts known by an associate real estate broker or real estate salesperson licensed to such broker. [1996 c 179 § 10.] 18.86.100 18.86.110 Application. This chapter supersedes only the duties of the parties under the common law, including fiduciary duties of an agent to a principal, to the extent inconsistent with this chapter. The common law continues to apply to the parties in all other respects. This chapter does not affect the duties of a licensee while engaging in the authorized or unauthorized practice of law as determined by the courts of this state. This chapter shall be construed broadly. [1996 c 179 § 11.] 18.86.110 18.86.120 Pamphlet on the law of real estate agency—Content. The pamphlet required under RCW 18.86.120 (2008 Ed.) Nursing Assistants 18.86.030(1)(f) shall consist of the entire text of RCW 18.86.010 through 18.86.030 and 18.86.040 through 18.86.110 with a separate cover page. The pamphlet shall be 8 1/2 by 11 inches in size, the text shall be in print no smaller than 10-point type, the cover page shall be in print no smaller than 12-point type, and the title of the cover page "The Law of Real Estate Agency" shall be in print no smaller than 18point type. The cover page shall be in the following form: The Law of Real Estate Agency This pamphlet describes your legal rights in dealing with a real estate broker or salesperson. Please read it carefully before signing any documents. The following is only a brief summary of the attached law: Sec. 1. Definitions. Defines the specific terms used in the law. Sec. 2. Relationships between Licensees and the Public. States that a licensee who works with a buyer or tenant represents that buyer or tenant— unless the licensee is the listing agent, a seller’s subagent, a dual agent, the seller personally or the parties agree otherwise. Also states that in a transaction involving two different licensees affiliated with the same broker, the broker is a dual agent and each licensee solely represents his or her client—unless the parties agree in writing that both licensees are dual agents. Sec. 3. Duties of a Licensee Generally. Prescribes the duties that are owed by all licensees, regardless of who the licensee represents. Requires disclosure of the licensee’s agency relationship in a specific transaction. Sec. 4. Duties of a Seller’s Agent. Prescribes the additional duties of a licensee representing the seller or landlord only. Sec. 5. Duties of a Buyer’s Agent. Prescribes the additional duties of a licensee representing the buyer or tenant only. Sec. 6. Duties of a Dual Agent. Prescribes the additional duties of a licensee representing both parties in the same transaction, and requires the written consent of both parties to the licensee acting as a dual agent. Sec. 7. Duration of Agency Relationship. Describes when an agency relationship begins and ends. Provides that the duties of accounting and confidentiality continue after the termination of an agency relationship. Sec. 8. Compensation. Allows brokers to share compensation with cooperating brokers. States that payment of compensation does not necessarily establish an agency relationship. Allows brokers to receive compensation from more than one party in a transaction with the parties’ consent. Sec. 9. Vicarious Liability. Eliminates the common law liability of a party for the conduct of the party’s agent or subagent, unless the agent or subagent is insolvent. Also limits the liability of a broker for the (2008 Ed.) 18.88A.010 conduct of a subagent associated with a different broker. Sec. 10. Imputed Knowledge and Notice. Eliminates the common law rule that notice to or knowledge of an agent constitutes notice to or knowledge of the principal. Sec. 11. Interpretation. This law replaces the fiduciary duties owed by an agent to a principal under the common law, to the extent that it conflicts with the common law. [1997 c 217 § 7; 1996 c 179 § 13.] Real estate agency pamphlet—1997 c 217 §§ 1-6: "Amendments set forth in sections 1 through 6 of this act are not required to be included in the pam phlet on the law of real estate agency required under RCW 18.86.030(1)(f) and 18.86.120 until January 1, 1998." [1997 c 217 § 8.] Effective date—1997 c 217 § 7: "Section 7 of this act takes effect January 1, 1998." [1997 c 217 § 10.] 18.86.900 Effective date—1996 c 179. This chapter shall take effect on January 1, 1997. This chapter does not apply to an agency relationship entered into before January 1, 1997, unless the principal and agent agree in writing that this chapter will, as of January 1, 1997, apply to such agency relationship. [1996 c 179 § 12.] 18.86.900 18.86.901 Captions not law—1996 c 179. Captions used in this chapter do not constitute any part of the law. [1996 c 179 § 15.] 18.86.901 18.86.902 Effective date—1996 c 179. This act shall take effect January 1, 1997. [1996 c 179 § 19.] 18.86.902 Chapter 18.88A Chapter 18.88A RCW NURSING ASSISTANTS Sections 18.88A.010 18.88A.020 18.88A.030 18.88A.040 18.88A.050 18.88A.060 18.88A.080 18.88A.085 18.88A.090 18.88A.100 18.88A.110 18.88A.120 18.88A.130 18.88A.140 18.88A.150 18.88A.200 18.88A.210 Legislative declaration. Definitions. Scope of practice—Voluntary certification—Rules. Registration and certification. Powers of secretary. Commission—Powers. Registration requirements. Certification of requirements. Examinations. Waiver of examination for initial applications. Certificates for applicants credentialed in another state. Applications for registration and certification—Fee. Renewal of registration or certification. Exemptions. Application of uniform disciplinary act. Delegation of nursing care tasks—Legislative finding. Delegation—Basic and specialized nurse delegation training requirements. 18.88A.230 Delegation—Liability—Reprisal or disciplinary action. 18.88A.900 Severability—1991 c 16. 18.88A.010 Legislative declaration. The legislature takes special note of the contributions made by nursing assistants in health care facilities whose tasks are arduous and whose working conditions may be contributing to the high and often critical turnover among the principal cadre of health care workers who provide for the basic needs of patients. The legislature also recognizes the growing shortage of nurses as the proportion of the elderly population grows 18.88A.010 [Title 18 RCW—page 263] 18.88A.020 Title 18 RCW: Businesses and Professions and as the acuity of patients in hospitals and nursing homes becomes generally more severe. The legislature finds and declares that occupational nursing assistants should have a formal system of educational and experiential qualifications leading to career mobility and advancement. The establishment of such a system should bring about a more stabilized workforce in health care facilities, as well as provide a valuable resource for recruitment into licensed nursing practice. The legislature finds that the quality of patient care in health care facilities is dependent upon the competence of the personnel who staff their facilities. To assure the availability of trained personnel in health care facilities the legislature recognizes the need for training programs for nursing assistants. The legislature declares that the registration of nursing assistants and providing for voluntary certification of those who wish to seek higher levels of qualification is in the interest of the public health, safety, and welfare. [1991 c 16 § 1; 1989 c 300 § 3; 1988 c 267 § 1. Formerly RCW 18.52B.010.] 18.88A.020 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Department" means the department of health. (2) "Secretary" means the secretary of health. (3) "Commission" means the Washington nursing care quality assurance commission. (4) "Nursing assistant" means an individual, regardless of title, who, under the direction and supervision of a registered nurse or licensed practical nurse, assists in the delivery of nursing and nursing-related activities to patients in a health care facility. The two levels of nursing assistants are (a) "nursing assistant-certified," an individual certified under this chapter, (b) "nursing assistant-registered," an individual registered under this chapter. (5) "Approved training program" means a nursing assistant-certified training program approved by the commission. For community college, vocational-technical institutes, skill centers, and secondary school as defined in chapter 28B.50 RCW, nursing assistant-certified training programs shall be approved by the commission in cooperation with the board for community and technical colleges or the superintendent of public instruction. (6) "Health care facility" means a nursing home, hospital, hospice care facility, home health care agency, hospice agency, or other entity for delivery of health care services as defined by the commission. (7) "Competency evaluation" means the measurement of an individual’s knowledge and skills as related to safe, competent performance as a nursing assistant. [1994 sp.s. c 9 § 708; 1991 c 16 § 2; (1991 c 3 § 221 repealed by 1991 sp.s. c 11 § 2); 1989 c 300 § 4; 1988 c 267 § 2. Formerly RCW 18.52B.020.] 18.88A.020 Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Nursing care quality assurance commission: Chapter 18.79 RCW. 18.88A.030 Scope of practice—Voluntary certification—Rules. (1) A nursing assistant may assist in the care of individuals as delegated by and under the direction and 18.88A.030 [Title 18 RCW—page 264] supervision of a licensed (registered) nurse or licensed practical nurse. (2) A health care facility shall not assign a nursing assistant-registered to provide care until the nursing assistant-registered has demonstrated skills necessary to perform competently all assigned duties and responsibilities. (3) Nothing in this chapter shall be construed to confer on a nursing assistant the authority to administer medication unless delegated as a specific nursing task pursuant to this chapter or to practice as a licensed (registered) nurse or licensed practical nurse as defined in chapter 18.79 RCW. (4) Certification is voluntary for nursing assistants working in health care facilities other than nursing homes unless otherwise required by state or federal law or regulation. (5) The commission may adopt rules to implement the provisions of this chapter. [1995 1st sp.s. c 18 § 52; 1994 sp.s. c 9 § 709; 1991 c 16 § 3; 1989 c 300 § 5; 1988 c 267 § 3. Formerly RCW 18.52B.030.] Conflict with federal requirements—Severability—Effective date— 1995 1st sp.s. c 18: See notes following RCW 74.39A.030. Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.88A.040 Registration and certification. (1) No person may practice or represent himself or herself as a nursing assistant-registered by use of any title or description without being registered by the department pursuant to this chapter. (2) After October 1, 1990, no person may by use of any title or description, practice or represent himself or herself as a nursing assistant-certified without applying for certification, meeting the qualifications, and being certified by the department pursuant to this chapter. [1991 c 16 § 4; 1989 c 300 § 6; 1988 c 267 § 4. Formerly RCW 18.52B.040.] 18.88A.040 18.88A.050 Powers of secretary. In addition to any other authority provided by law, the secretary has the authority to: (1) Set all certification, registration, and renewal fees in accordance with RCW 43.70.250 and to collect and deposit all such fees in the health professions account established under RCW 43.70.320; (2) Establish forms, procedures, and examinations necessary to administer this chapter; (3) Hire clerical, administrative, and investigative staff as needed to implement this chapter; (4) Issue a registration to any applicant who has met the requirements for registration; (5) After January 1, 1990, issue a certificate to any applicant who has met the education, training, and conduct requirements for certification; (6) Maintain the official record for the department of all applicants and persons with registrations and certificates; (7) Exercise disciplinary authority as authorized in chapter 18.130 RCW; (8) Deny registration to any applicant who fails to meet requirement for registration; (9) Deny certification to applicants who do not meet the education, training, competency evaluation, and conduct requirements for certification. [1991 c 16 § 6; (1991 c 3 § 18.88A.050 (2008 Ed.) Nursing Assistants 222 repealed by 1991 sp.s. c 11 § 2); 1989 c 300 § 7; 1988 c 267 § 6. Formerly RCW 18.52B.060.] 18.88A.060 Commission—Powers. In addition to any other authority provided by law, the commission may: (1) Determine minimum education requirements and approve training programs; (2) Prepare, grade, and administer, or determine the nature of, and supervise the grading and administration of, examinations of training and competency for applicants for certification; (3) Determine whether alternative methods of training are equivalent to approved training programs, and establish forms, procedures, and criteria for evaluation of an applicant’s alternative training to determine the applicant’s eligibility to take any qualifying examination for certification; (4) Define and approve any experience requirement for certification; (5) Adopt rules implementing a continuing competency evaluation program; (6) Adopt rules to enable it to carry into effect the provisions of this chapter. [1994 sp.s. c 9 § 710; 1991 c 16 § 8; 1989 c 300 § 8; 1988 c 267 § 7. Formerly RCW 18.52B.070.] 18.88A.060 Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.88A.080 Registration requirements. (1) The secretary shall issue a registration to any applicant who pays any applicable fees and submits, on forms provided by the secretary, the applicant’s name, address, and other information as determined by the secretary, provided there are no grounds for denial of registration or issuance of a conditional registration under this chapter or chapter 18.130 RCW. (2) Applicants must file an application with the commission for registration within three days of employment. [1994 sp.s. c 9 § 711; 1991 c 16 § 10; (1991 c 3 § 224 repealed by 1991 sp.s. c 11 § 2); 1989 c 300 § 10; 1988 c 267 § 10. Formerly RCW 18.52B.100.] 18.88A.080 Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.88A.085 Certification of requirements. (1) After January 1, 1990, the secretary shall issue a certificate to any applicant who demonstrates to the secretary’s satisfaction that the following requirements have been met: (a) Completion of an approved training program or successful completion of alternate training meeting established criteria approved by the commission; and (b) Successful completion of a competency evaluation. (2) The secretary may permit all or a portion of the training hours earned under chapter 74.39A RCW to be applied toward certification under this section. (3) In addition, applicants shall be subject to the grounds for denial of certification under chapter 18.130 RCW. [2007 c 361 § 9; 1994 sp.s. c 9 § 712; 1991 c 16 § 11.] 18.88A.085 Construction—Severability—Captions not law—Short title—2007 c 361: See notes following RCW 74.39A.009. Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. (2008 Ed.) 18.88A.120 18.88A.090 Examinations. (1) The date and location of examinations shall be established by the secretary. Applicants who have been found by the secretary to meet the requirements for certification shall be scheduled for the next examination following the filing of the application. The secretary shall establish by rule the examination application deadline. (2) The commission shall examine each applicant, by a written or oral and a manual component of competency evaluation. Examinations shall be limited to the purpose of determining whether the applicant possesses the minimum skill and knowledge necessary to practice competently. (3) The examination papers, all grading of the papers, and the grading of skills demonstration shall be preserved for a period of not less than one year after the commission has made and published the decisions. All examinations shall be conducted under fair and wholly impartial methods. (4) Any applicant failing to make the required grade in the first examination may take up to three subsequent examinations as the applicant desires upon prepaying a fee determined by the secretary under RCW 43.70.250 for each subsequent examination. Upon failing four examinations, the secretary may invalidate the original application and require such remedial education before the person may take future examinations. (5) The commission may approve an examination prepared or administered by a private testing agency or association of licensing agencies for use by an applicant in meeting the credentialing requirements. [1994 sp.s. c 9 § 713; 1991 c 3 § 225; 1989 c 300 § 11; 1988 c 267 § 13. Formerly RCW 18.52B.130.] 18.88A.090 Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.88A.100 Waiver of examination for initial applications. The secretary shall waive the competency evaluation and certify a person to practice within the state of Washington if the commission determines that the person meets commonly accepted standards of education and experience for the nursing assistants. This section applies only to those individuals who file an application for waiver by December 31, 1991. [1994 sp.s. c 9 § 714. Prior: 1991 c 16 § 12; 1991 c 3 § 226; 1989 c 300 § 12; 1988 c 267 § 15. Formerly RCW 18.52B.140.] 18.88A.100 Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.88A.110 Certificates for applicants credentialed in another state. An applicant holding a credential in another state may be certified by endorsement to practice in this state without examination if the secretary determines that the other state’s credentialing standards are substantially equivalent to the standards in this state. [1991 c 16 § 13.] 18.88A.110 18.88A.120 Applications for registration and certification—Fee. Applications for registration and certification shall be submitted on forms provided by the secretary. The secretary may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria for registration and certification credentialing provided for in this chapter and chapter 18.130 18.88A.120 [Title 18 RCW—page 265] 18.88A.130 Title 18 RCW: Businesses and Professions RCW. Each applicant shall comply with administrative procedures, administrative requirements, and fees determined by the secretary under RCW 43.70.250 and 43.70.280. [1996 c 191 § 74; 1991 c 16 § 14.] 18.88A.130 Renewal of registration or certification. Registrations and certifications shall be renewed according to administrative procedures, administrative requirements, and fees determined by the secretary under RCW 43.70.250 and 43.70.280. [1996 c 191 § 75; 1994 sp.s. c 9 § 715; 1991 c 16 § 15.] 18.88A.130 Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.88A.140 Exemptions. Nothing in this chapter may be construed to prohibit or restrict: (1) The practice by an individual licensed, certified, or registered under the laws of this state and performing services within their authorized scope of practice; (2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States; (3) The practice by a person who is a regular student in an educational program approved by the secretary, and whose performance of services is pursuant to a regular course of instruction or assignments from an instructor and under the general supervision of the instructor; (4) A nursing assistant, while employed as a personal aide as defined in RCW 74.39.007, from accepting direction from an individual who is self-directing their care. [2003 c 140 § 3; 2000 c 171 § 25; 1991 c 16 § 5.] 18.88A.140 Effective date—2003 c 140: See note following RCW 18.79.040. 18.88A.150 Application of uniform disciplinary act. The uniform disciplinary act, chapter 18.130 RCW, governs unregistered or uncertified practice, issuance of certificates and registrations, and the discipline of persons registered or with certificates under this chapter. The secretary shall be the disciplinary authority under this chapter. [1991 c 16 § 7.] 18.88A.150 18.88A.200 Delegation of nursing care tasks—Legislative finding. The legislature recognizes that nurses have been successfully delegating nursing care tasks to family members and auxiliary staff for many years. The opportunity for a nurse to delegate to nursing assistants qualifying under RCW 18.88A.210 may enhance the viability and quality of health care services in community-based care settings and inhome care settings to allow individuals to live as independently as possible with maximum safeguards. [2003 c 140 § 4; 1995 1st sp.s. c 18 § 45.] 18.88A.200 Effective date—2003 c 140: See note following RCW 18.79.040. Conflict with federal requirements—Severability—Effective date— 1995 1st sp.s. c 18: See notes following RCW 74.39A.030. 18.88A.210 Delegation—Basic and specialized nurse delegation training requirements. (1) A nursing assistant meeting the requirements of this section who provides care to individuals in community-based care settings or in-home care settings, as defined in RCW 18.79.260(3), may accept dele18.88A.210 [Title 18 RCW—page 266] gation of nursing care tasks by a registered nurse as provided in RCW 18.79.260(3). (2) For the purposes of this section, "nursing assistant" means a nursing assistant-registered or a nursing assistantcertified. Nothing in this section may be construed to affect the authority of nurses to delegate nursing tasks to other persons, including licensed practical nurses, as authorized by law. (3)(a) Before commencing any specific nursing care tasks authorized under this chapter, the nursing assistant must (i) provide to the delegating nurse a certificate of completion issued by the department of social and health services indicating the completion of basic core nurse delegation training, (ii) be regulated by the department of health pursuant to this chapter, subject to the uniform disciplinary act under chapter 18.130 RCW, and (iii) meet any additional training requirements identified by the nursing care quality assurance commission. Exceptions to these training requirements must adhere to RCW 18.79.260(3)(e) (vi). (b) In addition to meeting the requirements of (a) of this subsection, before commencing the care of individuals with diabetes that involves administration of insulin by injection, the nursing assistant must provide to the delegating nurse a certificate of completion issued by the department of social and health services indicating completion of specialized diabetes nurse delegation training. The training must include, but is not limited to, instruction regarding diabetes, insulin, sliding scale insulin orders, and proper injection procedures. [2008 c 146 § 12; 2003 c 140 § 5; 2000 c 95 § 1; 1998 c 272 § 10; 1995 1st sp.s. c 18 § 46.] Findings—Intent—Severability—2008 c 146: See notes following RCW 74.41.040. Effective date—2003 c 140: See note following RCW 18.79.040. Findings—Severability—Effective date—1998 c 272: See notes following RCW 18.20.230. Conflict with federal requirements—Severability—Effective date— 1995 1st sp.s. c 18: See notes following RCW 74.39A.030. 18.88A.230 Delegation—Liability—Reprisal or disciplinary action. (1) The nursing assistant shall be accountable for their own individual actions in the delegation process. Nursing assistants following written delegation instructions from registered nurses performed in the course of their accurately written, delegated duties shall be immune from liability. (2) Nursing assistants shall not be subject to any employer reprisal or disciplinary action by the secretary for refusing to accept delegation of a nursing task based on patient safety issues. No community-based care setting as defined in RCW 18.79.260(3)(e), or in-home services agency as defined in RCW 70.127.010, may discriminate or retaliate in any manner against a person because the person made a complaint or cooperated in the investigation of a complaint. [2003 c 140 § 6; 2000 c 95 § 2; 1998 c 272 § 11; 1997 c 275 § 6; 1995 1st sp.s. c 18 § 48.] 18.88A.230 Effective date—2003 c 140: See note following RCW 18.79.040. Findings—Severability—Effective date—1998 c 272: See notes following RCW 18.20.230. Conflict with federal requirements—Severability—Effective date— 1995 1st sp.s. c 18: See notes following RCW 74.39A.030. (2008 Ed.) Respiratory Care Practitioners 18.88A.900 Severability—1991 c 16. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1991 c 16 § 17.] 18.88A.900 Chapter 18.89 RCW RESPIRATORY CARE PRACTITIONERS Chapter 18.89 Sections 18.89.010 18.89.015 18.89.020 18.89.030 18.89.040 18.89.050 18.89.060 18.89.080 18.89.090 18.89.100 18.89.110 18.89.120 18.89.140 18.89.150 18.89.901 Legislative findings—Insurance coverage not mandated. Unlawful practice, when. Definitions. Respiratory care practitioner—What constitutes. Scope of practice. Powers of secretary—Ad hoc advisers—Application of Uniform Disciplinary Act. Record of proceedings. Secretary and ad hoc committee immune from liability. Licensure—Qualifications. Certification—Competency requirements. Licensure—Examination. Licensure—Application form—Fee. Renewal of licenses—Continuing education. Reciprocity. Severability—1987 c 415. 18.89.010 Legislative findings—Insurance coverage not mandated. The legislature finds that in order to safeguard life, health, and to promote public welfare, a person practicing or offering to practice respiratory care as a respiratory care practitioner in this state shall be required to submit evidence that he or she is qualified to practice, and shall be licensed as provided. The settings for these services may include, health facilities licensed in this state, clinics, home care, home health agencies, physicians’ offices, and public or community health services. Nothing in this chapter shall be construed to require that individual or group policies or contracts of an insurance carrier, health care service contractor, or health maintenance organization provide benefits or coverage for services and supplies provided by a person certified under this chapter. [1997 c 334 § 1; 1987 c 415 § 1.] 18.89.010 Effective dates—1997 c 334: "(1) Sections 5, 9, and 10 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 1997. (2) Sections 1 through 4, 6 through 8, and 11 through 15 of this act take effect July 1, 1998." [1997 c 334 § 16.] 18.89.015 Unlawful practice, when. After July 1, 1998, it shall be unlawful for a person to practice or to offer to practice as a respiratory care practitioner in this state or to use a title, sign, or device to indicate that such a person is practicing as a respiratory care practitioner unless the person has been duly licensed and registered under the provisions of this chapter. [1997 c 334 § 2.] 18.89.015 Effective dates—1997 c 334: See note following RCW 18.89.010. 18.89.020 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Department" means the department of health. (2) "Secretary" means the secretary of health or the secretary’s designee. (2008 Ed.) (3) "Respiratory care practitioner" means an individual licensed under this chapter. (4) "Physician" means an individual licensed under chapter 18.57 or 18.71 RCW. [1997 c 334 § 3; 1994 sp.s. c 9 § 511; 1991 c 3 § 227; 1987 c 415 § 2.] Effective dates—1997 c 334: See note following RCW 18.89.010. Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.89.030 Respiratory care practitioner—What constitutes. A respiratory care practitioner is a person who adopts or uses any title or any description of services which incorporates one or more of the following terms or designations: (1) RT, (2) RCP, (3) respiratory care practitioner, (4) respiratory therapist, (5) respiratory technician, (6) inhalation therapist, or (7) any other words, abbreviation, or insignia indicating that he or she is a respiratory care practitioner. [1987 c 415 § 4.] 18.89.030 Regulation of health professions—Criteria: Chapter 18.120 RCW. 18.89.020 18.89.040 18.89.040 Scope of practice. (1) A respiratory care practitioner licensed under this chapter is employed in the treatment, management, diagnostic testing, rehabilitation, and care of patients with deficiencies and abnormalities which affect the cardiopulmonary system and associated aspects of other systems, and is under the direct order and under the qualified medical direction of a physician. The practice of respiratory care includes: (a) The use and administration of prescribed medical gases, exclusive of general anesthesia; (b) The use of air and oxygen administering apparatus; (c) The use of humidification and aerosols; (d) The administration, to the extent of training, as determined by the secretary, of prescribed pharmacologic agents related to respiratory care; (e) The use of mechanical ventilatory, hyperbaric, and physiological support; (f) Postural drainage, chest percussion, and vibration; (g) Bronchopulmonary hygiene; (h) Cardiopulmonary resuscitation as it pertains to advanced cardiac life support or pediatric advanced life support guidelines; (i) The maintenance of natural and artificial airways and insertion, without cutting tissues, of artificial airways, as prescribed by a physician; (j) Diagnostic and monitoring techniques such as the collection and measurement of cardiorespiratory specimens, volumes, pressures, and flows; (k) The insertion of devices to draw, analyze, infuse, or monitor pressure in arterial, capillary, or venous blood as prescribed by a physician or an advanced registered nurse practitioner as authorized by the nursing care quality assurance commission under chapter 18.79 RCW; and (l) Diagnostic monitoring of and therapeutic interventions for desaturation, ventilatory patterns, and related sleep abnormalities to aid the physician in diagnosis. This subsection does not prohibit any person from performing sleep monitoring tasks as set forth in this subsection under the supervision or direction of a licensed health care provider. (2) Nothing in this chapter prohibits or restricts: (a) The practice of a profession by individuals who are licensed under other laws of this state who are performing 18.89.040 [Title 18 RCW—page 267] 18.89.050 Title 18 RCW: Businesses and Professions services within their authorized scope of practice, that may overlap the services provided by respiratory care practitioners; (b) The practice of respiratory care by an individual employed by the government of the United States while the individual is engaged in the performance of duties prescribed for him or her by the laws and rules of the United States; (c) The practice of respiratory care by a person pursuing a supervised course of study leading to a degree or certificate in respiratory care as a part of an accredited and approved educational program, if the person is designated by a title that clearly indicates his or her status as a student or trainee and limited to the extent of demonstrated proficiency of completed curriculum, and under direct supervision; (d) The use of the title "respiratory care practitioner" by registered nurses authorized under chapter 18.79 RCW; or (e) The practice without compensation of respiratory care of a family member. Nothing in this chapter shall be construed to require that individual or group policies or contracts of an insurance carrier, health care service contractor, or health maintenance organization provide benefits or coverage for services and supplies provided by a person licensed under this chapter. [1999 c 84 § 1; 1997 c 334 § 4; 1994 sp.s. c 9 § 716; 1987 c 415 § 5.] Effective dates—1997 c 334: See note following RCW 18.89.010. Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.89.050 Powers of secretary—Ad hoc advisers— Application of Uniform Disciplinary Act. (1) In addition to any other authority provided by law, the secretary may: (a) Adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this chapter; (b) Set all license, examination, and renewal fees in accordance with RCW 43.70.250; (c) Establish forms and procedures necessary to administer this chapter; (d) Issue a license to any applicant who has met the education, training, and examination requirements for licensure; (e) Hire clerical, administrative, and investigative staff as needed to implement this chapter and hire individuals licensed under this chapter to serve as examiners for any practical examinations; (f) Approve those schools from which graduation will be accepted as proof of an applicant’s eligibility to take the licensure examination, specifically requiring that applicants must have completed an accredited respiratory program with two-year curriculum; (g) Prepare, grade, and administer, or determine the nature of, and supervise the grading and administration of, examinations for applicants for licensure; (h) Determine whether alternative methods of training are equivalent to formal education and establish forms, procedures, and criteria for evaluation of an applicant’s alternative training to determine the applicant’s eligibility to take the examination; (i) Determine which states have legal credentialing requirements equivalent to those of this state and issue licenses to individuals legally credentialed in those states without examination; 18.89.050 [Title 18 RCW—page 268] (j) Define and approve any experience requirement for licensure; and (k) Appoint members of the profession to serve in an ad hoc advisory capacity to the secretary in carrying out this chapter. The members will serve for designated times and provide advice on matters specifically identified and requested by the secretary. The members shall be compensated in accordance with RCW 43.03.220 and reimbursed for travel expenses under RCW 43.03.040 and 43.03.060. (2) The provisions of chapter 18.130 RCW shall govern the issuance and denial of licenses, unlicensed practice, and the disciplining of persons licensed under this chapter. The secretary shall be the disciplining authority under this chapter. [2004 c 262 § 13; 1997 c 334 § 5; 1994 sp.s. c 9 § 512; 1991 c 3 § 228; 1987 c 415 § 6.] Effective date—2004 c 262 §§ 13 and 14: "Sections 13 and 14 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [March 31, 2004]." [2004 c 262 § 15.] Findings—2004 c 262: See note following RCW 18.06.050. Effective dates—1997 c 334: See note following RCW 18.89.010. Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.89.060 Record of proceedings. The secretary shall keep an official record of all proceedings, a part of which record shall consist of a register of all applicants for licensure under this chapter, with the result of each application. [1997 c 334 § 6; 1991 c 3 § 229; 1987 c 415 § 7.] 18.89.060 Effective dates—1997 c 334: See note following RCW 18.89.010. 18.89.080 Secretary and ad hoc committee immune from liability. The secretary, ad hoc committee members, or individuals acting on their behalf are immune from suit in any civil action based on any licensure or disciplinary proceedings, or other official acts performed in the course of their duties. [1997 c 334 § 7; 1994 sp.s. c 9 § 513; 1991 c 3 § 231; 1987 c 415 § 9.] 18.89.080 Effective dates—1997 c 334: See note following RCW 18.89.010. Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.89.090 Licensure—Qualifications. (1) The secretary shall issue a license to any applicant who demonstrates to the secretary’s satisfaction that the following requirements have been met: (a) Graduation from a school approved by the secretary or successful completion of alternate training which meets the criteria established by the secretary; (b) Successful completion of an examination administered or approved by the secretary; (c) Successful completion of any experience requirement established by the secretary; (d) Good moral character. In addition, applicants shall be subject to the grounds for denial or issuance of a conditional license under chapter 18.130 RCW. (2) A person who meets the qualifications to be admitted to the examination for licensure as a respiratory care practitioner may practice as a respiratory care practitioner under the supervision of a respiratory care practitioner licensed 18.89.090 (2008 Ed.) Veterinary Medicine, Surgery, and Dentistry under this chapter between the date of filing an application for licensure and the announcement of the results of the next succeeding examination for licensure if that person applies for and takes the first examination for which he or she is eligible. (3) A person certified as a respiratory care practitioner in good standing on July 1, 1998, who applies within one year of July 1, 1998, may be licensed without having completed the two-year curriculum set forth in RCW 18.89.050(1)(f), and without having to retake an examination under subsection (1)(b) of this section. (4) The secretary shall establish by rule what constitutes adequate proof of meeting the criteria. [1997 c 334 § 8; 1991 c 3 § 232; 1987 c 415 § 10.] Effective dates—1997 c 334: See note following RCW 18.89.010. 18.89.100 Certification—Competency requirements. The secretary shall approve only those persons who have achieved the minimum level of competency as defined by the secretary. The secretary shall establish by rule the standards and procedures for approval of alternate training and shall have the authority to contract with individuals or organizations having expertise in the profession, or in education, to assist in evaluating those applying for approval. The standards and procedures set shall apply equally to schools and training within the United States and those in foreign jurisdictions. [1991 c 3 § 233; 1987 c 415 § 11.] 18.89.100 18.89.110 Licensure—Examination. (1) The date and location of the examination shall be established by the secretary. Applicants who have been found by the secretary to meet the other requirements for licensure shall be scheduled for the next examination following the filing of the application. However, the applicant shall not be scheduled for any examination taking place sooner than sixty days after the application is filed. (2) The secretary shall examine each applicant, by means determined most effective, on subjects appropriate to the scope of practice. Such examinations shall be limited to the purpose of determining whether the applicant possesses the minimum skill and knowledge necessary to practice competently, and shall meet generally accepted standards of fairness and validity for licensure examinations. (3) All examinations shall be conducted by the secretary, and all grading of the examinations shall be under fair and wholly impartial methods. (4) Any applicant who fails to make the required grade in the first examination is entitled to take up to three subsequent examinations, upon compliance with administrative procedures, administrative requirements, and fees determined by the secretary under RCW 43.70.250 and 43.70.280 and such remedial education as is deemed necessary. (5) Applicants who meet the educational criteria as established by the national board for respiratory care to sit for the national board for respiratory care’s advanced practitioner exams, or who have been issued the registered respiratory therapist credential by the national board for respiratory care, shall be considered to have met the educational criteria of this chapter, provided the criteria and credential continue to be recognized by the secretary as equal to or greater than the 18.89.110 (2008 Ed.) Chapter 18.92 licensure standards in Washington. Applicants must have verification submitted directly from the national board for respiratory care to the department. (6) The secretary may approve an examination prepared and administered by a private testing agency or association of credentialing boards for use by an applicant in meeting the licensure requirement. [2004 c 262 § 14; 1997 c 334 § 9; 1996 c 191 § 76; 1991 c 3 § 234; 1987 c 415 § 12.] Effective date—2004 c 262 §§ 13 and 14: See note following RCW 18.89.050. Findings—2004 c 262: See note following RCW 18.06.050. Effective dates—1997 c 334: See note following RCW 18.89.010. 18.89.120 Licensure—Application form—Fee. Applications for licensure shall be submitted on forms provided by the secretary. The secretary may require any information and documentation which reasonably relates to the need to determine whether the applicant meets the criteria for licensure provided in this chapter and chapter 18.130 RCW. All applicants shall comply with administrative procedures, administrative requirements, and fees determined by the secretary under RCW 43.70.250 and 43.70.280. [1997 c 334 § 10; 1996 c 191 § 77; 1991 c 3 § 235; 1987 c 415 § 13.] 18.89.120 Effective dates—1997 c 334: See note following RCW 18.89.010. 18.89.140 Renewal of licenses—Continuing education. Licenses shall be renewed according to administrative procedures, administrative requirements, continuing education requirements, and fees determined by the secretary under RCW 43.70.250 and 43.70.280. A minimum of thirty hours of continuing education approved by the secretary must be completed every two years to meet the continuing education requirements under this section. [2000 c 93 § 43; 1997 c 334 § 11; 1996 c 191 § 78; 1991 c 3 § 237; 1987 c 415 § 15.] 18.89.140 Effective dates—1997 c 334: See note following RCW 18.89.010. 18.89.150 Reciprocity. An applicant holding a license in another state may be licensed to practice in this state without examination if the secretary determines that the other state’s licensing standards are substantially equivalent to the standards in this state. [1997 c 334 § 12.] 18.89.150 Effective dates—1997 c 334: See note following RCW 18.89.010. 18.89.901 Severability—1987 c 415. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1987 c 415 § 21.] 18.89.901 Chapter 18.92 Chapter 18.92 RCW VETERINARY MEDICINE, SURGERY, AND DENTISTRY Sections 18.92.010 18.92.012 18.92.013 18.92.015 18.92.021 18.92.030 Veterinary practice defined. Authority to dispense legend drugs prescribed by other veterinarians. Dispensing of drugs by registered or licensed personnel. Definitions. Veterinary board of governors—Appointment, qualifications, terms, officers—Quorum. General duties of board. [Title 18 RCW—page 269] 18.92.010 18.92.035 18.92.040 18.92.046 18.92.047 18.92.051 18.92.060 18.92.070 18.92.100 18.92.115 18.92.120 18.92.125 18.92.128 18.92.130 18.92.135 18.92.140 18.92.145 18.92.150 18.92.230 18.92.240 18.92.250 18.92.260 18.92.900 Title 18 RCW: Businesses and Professions Board to certify successful examinees. Compensation and travel expenses of board members. Application of uniform disciplinary act. Impaired veterinarian program—Content—License surcharge. Compliance with chapter required. Licensing exemptions. Applications—Procedure—Qualifications—Eligibility to take examination. Examinations—Time of—Subjects—Manner. Reexamination—Fee. License—Temporary certificates, restrictions. Veterinary technicians or veterinary medication clerks. Veterinary technician license—Rules. License—Reciprocity with other states—Fee. License to practice specialized veterinary medicine. License—Procedures, requirements, fees. License, certificates of registration, permit, examination, and renewal fees. License—Display. Use of another’s license or diploma a felony. Violations generally—Penalty. Intent—Veterinary services—Low-income households. Animal care societies/nonprofit humane societies—Lowincome households—License required—Rule-making authority—Uniform disciplinary act—Registration—Fees. Severability—1941 c 71. Duty of veterinarians to report diseases: RCW 16.36.080. 18.92.010 Veterinary practice defined. Any person shall be regarded as practicing veterinary medicine, surgery and dentistry within the meaning of this chapter who shall, within this state, (1) by advertisement, or by any notice, sign, or other indication, or by a statement written, printed or oral, in public or private, made, done, or procured by himself or herself, or any other, at his or her request, for him or her, represent, claim, announce, make known or pretend his or her ability or willingness to diagnose or prognose or treat diseases, deformities, defects, wounds, or injuries of animals; (2) or who shall so advertise, make known, represent or claim his or her ability and willingness to prescribe or administer any drug, medicine, treatment, method or practice, or to perform any operation, manipulation, or apply any apparatus or appliance for cure, amelioration, correction or reduction or modification of any animal disease, deformity, defect, wound or injury, for hire, fee, compensation, or reward, promised, offered, expected, received, or accepted directly or indirectly; (3) or who shall within this state diagnose or prognose any animal diseases, deformities, defects, wounds or injuries, for hire, fee, reward, or compensation promised, offered, expected, received, or accepted directly or indirectly; (4) or who shall within this state prescribe or administer any drug, medicine, treatment, method or practice, or perform any operation, or manipulation, or apply any apparatus or appliance for the cure, amelioration, alleviation, correction, or modification of any animal disease, deformity, defect, wound, or injury, for hire, fee, compensation, or reward, promised, offered, expected, received or accepted directly or indirectly; (5) or who performs any manual procedure for the diagnosis of pregnancy, sterility, or infertility upon livestock; (6) or who implants any electronic device for the purpose of establishing or maintaining positive identification of animals. The opening of an office or place of business for the practice of veterinary medicine, the use of a sign, card, device or advertisement as a practitioner of veterinary medicine or as a person skilled in such practice shall be prima facie evidence of engaging in the practice of veterinary medicine, surgery and dentistry. [1995 c 317 § 1; 1959 c 92 § 1; 1941 c 71 § 1; Rem. Supp. 1941 § 10040-1. Prior: 1907 c 124 § 1. 18.92.010 [Title 18 RCW—page 270] FORMER PART OF SECTION: 1941 c 71 § 21; Rem. Supp. 1941 § 10040-21, now codified as RCW 18.92.015.] 18.92.012 Authority to dispense legend drugs prescribed by other veterinarians. A veterinarian licensed under this chapter may dispense veterinary legend drugs prescribed by other veterinarians licensed under this chapter, so long as, during any year, the total drugs so dispensed do not constitute more than five percent of the total dosage units of legend drugs the veterinarian dispenses and the veterinarian maintains records of his or her dispensing activities consistent with the requirements of chapters 18.64, 69.04, 69.41, and 69.50 RCW. For purposes of this section, a "veterinary legend drug" is a legend drug, as defined in chapter 69.41 RCW, which is either: (1) Restricted to use by licensed veterinarians by any law or regulation of the federal government, or (2) designated by rule by the state board of pharmacy as being a legend drug that one licensed veterinarian may dispense for another licensed veterinarian under this section. [1991 c 47 § 1.] 18.92.012 18.92.013 Dispensing of drugs by registered or licensed personnel. (1) A veterinarian legally prescribing drugs may delegate to a registered veterinary medication clerk or a licensed veterinary technician, while under the veterinarian’s direct supervision, certain nondiscretionary functions defined by the board and used in the dispensing of legend and nonlegend drugs (except controlled substances as defined in or under chapter 69.50 RCW) associated with the practice of veterinary medicine. Upon final approval of the packaged prescription following a direct physical inspection of the packaged prescription for proper formulation, packaging, and labeling by the veterinarian, the veterinarian may delegate the delivery of the prescription to a registered veterinary medication clerk or licensed veterinary technician, while under the veterinarian’s indirect supervision. Dispensing of drugs by veterinarians, licensed veterinary technicians, and registered veterinary medication clerks shall meet the applicable requirements of chapters 18.64, 69.40, 69.41, and 69.50 RCW and is subject to inspection by the board of pharmacy investigators. (2) For the purposes of this section: (a) "Direct supervision" means the veterinarian is on the premises and is quickly and easily available; and (b) "Indirect supervision" means the veterinarian is not on the premises but has given written or oral instructions for the delegated task. [2007 c 235 § 5; 2000 c 93 § 8; 1993 c 78 § 2.] 18.92.013 18.92.015 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Board" means the Washington state veterinary board of governors. (2) "Department" means the department of health. (3) "Secretary" means the secretary of the department of health. (4) "Veterinary medication clerk" means a person who has satisfactorily completed a board-approved training program developed in consultation with the board of pharmacy 18.92.015 (2008 Ed.) Veterinary Medicine, Surgery, and Dentistry and designed to prepare persons to perform certain nondiscretionary functions defined by the board and used in the dispensing of legend and nonlegend drugs (except controlled substances as defined in or under chapter 69.50 RCW) associated with the practice of veterinary medicine. (5) "Veterinary technician" means a person who is licensed by the board upon meeting the requirements of RCW 18.92.128. [2007 c 235 § 1; 2000 c 93 § 9; 1993 c 78 § 1; 1991 c 332 § 40; 1991 c 3 § 238; 1983 c 102 § 1; 1979 c 158 § 71; 1974 ex.s. c 44 § 1; 1967 ex.s. c 50 § 1; 1959 c 92 § 2; 1941 c 71 § 21; Rem. Supp. 1941 § 10040-21. Formerly RCW 18.92.010, part.] Captions not law—1991 c 332: See note following RCW 18.130.010. 18.92.021 18.92.021 Veterinary board of governors—Appointment, qualifications, terms, officers—Quorum. (1) There is created a Washington state veterinary board of governors consisting of seven members, five of whom shall be licensed veterinarians, one of whom shall be a licensed veterinary technician trained in both large and small animal medicine, and one of whom shall be a lay member. (2)(a) The licensed members shall be appointed by the governor. At the time of their appointment the licensed members of the board must be actual residents of the state in active practice as licensed practitioners of veterinary medicine, surgery, and dentistry, or employed as a licensed veterinary technician, as applicable, and must be citizens of the United States. Not more than one licensed veterinary member shall be from the same congressional district. The board shall not be deemed to be unlawfully constituted and a member of the board shall not be deemed ineligible to serve the remainder of the member’s unexpired term on the board solely by reason of the establishment of new or revised boundaries for congressional districts. (b) The terms of the first licensed members of the board shall be as follows: One member for five, four, three, two, and one years respectively. Thereafter the terms shall be for five years and until their successors are appointed and qualified. (c) The lay member shall be appointed by the governor for a five year term and until the lay member’s successor is appointed. (d) A member may be appointed to serve a second term, if that term does not run consecutively. (e) Vacancies in the board shall be filled by the governor, the appointee to hold office for the remainder of the unexpired term. (3) The licensed veterinary technician member is a nonvoting member with respect to board decisions related to the discipline of a veterinarian involving standard of care. (4) Officers of the board shall be a chair and a secretarytreasurer to be chosen by the members of the board from among its members. (5) Four members of the board shall constitute a quorum at meetings of the board. [2007 c 235 § 3; 1983 c 2 § 2. Prior: 1982 1st ex.s. c 30 § 5; 1982 c 134 § 1; 1979 ex.s. c 31 § 1; 1967 ex.s. c 50 § 2; 1959 c 92 § 3.] Severability—1983 c 2: See note following RCW 18.71.030. (2008 Ed.) 18.92.046 18.92.030 General duties of board. (1) The board shall develop and administer, or approve, or both, a licensure examination in the subjects determined by the board to be essential to the practice of veterinary medicine, surgery, and dentistry. The board may approve an examination prepared or administered by a private testing agency or association of licensing authorities. (2) The board, under chapter 34.05 RCW, may adopt rules necessary to carry out the purposes of this chapter, including: (a) Standards for the performance of the duties and responsibilities of veterinary technicians and veterinary medication clerks and fixing minimum standards of continuing education for veterinary technicians. The rules shall be adopted in the interest of good veterinary health care delivery to the consuming public and shall not prevent veterinary technicians from inoculating an animal; and (b) Standards prescribing requirements for veterinary medical facilities and fixing minimum standards of continuing veterinary medical education. (3) The department is the board’s official office of record. [2007 c 235 § 4; 2000 c 93 § 10; 1995 c 198 § 13; 1993 c 78 § 3; 1986 c 259 § 140; 1983 c 102 § 2; 1982 c 134 § 2; 1981 c 67 § 23; 1974 ex.s. c 44 § 2; 1967 ex.s. c 50 § 3; 1961 c 157 § 2; 1959 c 92 § 4; 1941 c 71 § 4; Rem. Supp. 1941 § 10040-4. FORMER PART OF SECTION: 1941 c 71 § 9; Rem. Supp. 1941 § 10040-9 now codified as RCW 18.92.035.] 18.92.030 Severability—1986 c 259: See note following RCW 18.130.010. Effective dates—Severability—1981 c 67: See notes following RCW 34.12.010. 18.92.035 Board to certify successful examinees. The board shall certify to the secretary the names of all applicants who have successfully passed an examination and are entitled to a license to practice veterinary medicine, surgery and dentistry. The secretary shall thereupon issue a license to practice veterinary medicine, surgery and dentistry to such applicant. [1991 c 3 § 239; 1941 c 71 § 9; Rem. Supp. 1941 § 10040-9. Formerly RCW 18.92.030, part.] 18.92.035 18.92.040 Compensation and travel expenses of board members. Each member of the board shall be compensated in accordance with RCW 43.70.250 and shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. No expense may be incurred by members of the board except in connection with board meetings without prior approval of the secretary. [1991 c 3 § 240; 1984 c 287 § 51; 1983 c 102 § 4; 1975-’76 2nd ex.s. c 34 § 53; 1974 ex.s. c 44 § 3; 1967 ex.s. c 50 § 4; 1959 c 92 § 5; 1941 c 71 § 5; 1913 c 79 § 2; 1907 c 124 § 13; Rem. Supp. 1941 § 10040-5.] 18.92.040 Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. Severability—Effective date—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. 18.92.046 Application of uniform disciplinary act. The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, and 18.92.046 [Title 18 RCW—page 271] 18.92.047 Title 18 RCW: Businesses and Professions the discipline of licensees under this chapter. [1987 c 150 § 58; 1986 c 259 § 139.] Severability—1987 c 150: See RCW 18.122.901. Severability—1986 c 259: See note following RCW 18.130.010. 18.92.047 Impaired veterinarian program—Content—License surcharge. (1) To implement an impaired veterinarian program as authorized by RCW 18.130.175, the veterinary board of governors shall enter into a contract with a voluntary substance abuse monitoring program. The impaired veterinarian program may include any or all of the following: (a) Contracting with providers of treatment programs; (b) Receiving and evaluating reports of suspected impairment from any source; (c) Intervening in cases of verified impairment; (d) Referring impaired veterinarians to treatment programs; (e) Monitoring the treatment and rehabilitation of impaired veterinarians including those ordered by the board; (f) Providing education, prevention of impairment, posttreatment monitoring, and support of rehabilitated impaired veterinarians; and (g) Performing other related activities as determined by the board. (2) A contract entered into under subsection (1) of this section shall be financed by a surcharge of up to twenty-five dollars on each license issuance or renewal of a new license to be collected by the department of health from every veterinarian licensed under chapter 18.92 RCW. These moneys shall be placed in the health professions account to be used solely for the implementation of the impaired veterinarian program. [1991 c 3 § 241; 1989 c 125 § 2.] 18.92.047 18.92.051 Compliance with chapter required. It is a violation of RCW 18.130.190 for any person to practice the profession of veterinary medicine, surgery, or dentistry in this state, who has not complied with the provisions of this chapter. [1987 c 150 § 59.] 18.92.051 Severability—1987 c 150: See RCW 18.122.901. 18.92.060 Licensing exemptions. Nothing in this chapter applies to: (1) Commissioned veterinarians in the United States military services or veterinarians employed by Washington state and federal agencies while performing official duties; (2) A person practicing veterinary medicine upon his or her own animal; (3) A person advising with respect to or performing the castrating and dehorning of cattle, castrating and docking of sheep, castrating of swine, caponizing of poultry, or artificial insemination of animals; (4)(a) A person who is a regularly enrolled student in a veterinary school or training course approved under RCW 18.92.015 and performing duties or actions assigned by his or her instructors or working under the direct supervision of a licensed veterinarian during a school vacation period or (b) a person performing assigned duties under the supervision of a veterinarian within the established framework of an internship program recognized by the board; 18.92.060 [Title 18 RCW—page 272] (5) A veterinarian regularly licensed in another state consulting with a licensed veterinarian in this state; (6) A veterinary technician or veterinary medication clerk acting under the supervision and control of a licensed veterinarian. The practice of a veterinary technician or veterinary medication clerk is limited to the performance of services which are authorized by the board; (7) An owner being assisted in practice by his or her employees when employed in the conduct of the owner’s business; (8) An owner being assisted in practice by some other person gratuitously; (9) The implanting in their own animals of any electronic device for identifying animals by established humane societies and animal control organizations that provide appropriate training, as determined by the veterinary board of governors, and/or direct or indirect supervision by a licensed veterinarian; (10) The implanting of any electronic device by a public fish and wildlife agency for the identification of fish or wildlife. [2000 c 93 § 11; 1995 c 317 § 2; 1993 c 78 § 4; 1974 ex.s. c 44 § 4; 1967 ex.s. c 50 § 5; 1959 c 92 § 13; 1941 c 71 § 20; Rem. Supp. 1941 § 10040-20. Prior: 1907 c 124 § 15.] 18.92.070 Applications—Procedure—Qualifications—Eligibility to take examination. No person, unless registered or licensed to practice veterinary medicine, surgery, and dentistry in this state at the time this chapter shall become operative, shall begin the practice of veterinary medicine, surgery and dentistry without first applying for and obtaining a license for such purpose from the secretary. In order to procure a license to practice veterinary medicine, surgery, and dentistry in the state of Washington, the applicant for such license shall file his or her application at least sixty days prior to date of examination upon a form furnished by the secretary of health, which, in addition to the fee provided by this chapter, shall be accompanied by satisfactory evidence that he or she is at least eighteen years of age and of good moral character, and by official transcripts or other evidence of graduation from a veterinary college satisfactory to and approved by the board. Said application shall be signed by the applicant and sworn to by him or her before some person authorized to administer oaths. When such application and the accompanying evidence are found satisfactory, the secretary shall notify the applicant to appear before the board for the next examination. In addition, applicants shall be subject to grounds for denial or issuance of a conditional license under chapter 18.130 RCW. Nothing in this chapter shall preclude the board from permitting a person who has completed a portion of his or her educational program as determined by the board, in a veterinary college recognized by the board, to take the examination or any part thereof prior to satisfying the requirements for application for a license: PROVIDED HOWEVER, That no license shall be issued to such applicant until such requirements are satisfied. [1991 c 3 § 242; 1986 c 259 § 141; 1982 c 134 § 3; 1979 c 158 § 72; 1974 ex.s. c 44 § 5; 1971 ex.s. c 292 § 28; 1941 c 71 § 6; Rem. Supp. 1941 § 10040-6. Formerly RCW 18.92.050, part, 18.92.070, part, and 18.92.080, part.] 18.92.070 (2008 Ed.) Veterinary Medicine, Surgery, and Dentistry Severability—1986 c 259: See note following RCW 18.130.010. Severability—1971 ex.s. c 292: See note following RCW 26.28.010. 18.92.100 Examinations—Time of—Subjects—Manner. Examinations for license to practice veterinary medicine, surgery and dentistry shall be held at least once each year at such times and places as the secretary may authorize and direct. The examination shall be on subjects that are ordinarily included in the curricula of veterinary colleges. All examinees shall be tested by written examination, supplemented by such oral interviews and practical demonstrations as the board deems necessary. [1995 c 198 § 14; 1991 c 3 § 243; 1967 ex.s. c 50 § 6; 1959 c 92 § 7; 1941 c 71 § 7; Rem. Supp. 1941 § 10040-7.] 18.92.100 18.92.115 Reexamination—Fee. Any applicant who shall fail to secure the required grade in his first examination may take the next regular veterinary examination. The fee for reexamination shall be determined by the secretary as provided in RCW 43.70.250. [1991 c 3 § 244; 1985 c 7 § 71; 1975 1st ex.s. c 30 § 82; 1967 ex.s. c 50 § 7; 1959 c 92 § 8; 1941 c 71 § 10; Rem. Supp. 1941 § 10040-10. Prior: 1907 c 124 § 17. Formerly RCW 18.92.090, part.] 18.92.115 18.92.120 License—Temporary certificates, restrictions. Any person who shall make application for examination, as provided by RCW 18.92.070, and who has not previously failed to pass the veterinary examination, and whose application is found satisfactory by the secretary, may be given a temporary certificate to practice veterinary medicine, surgery and dentistry valid only until the results of the next examination for licenses are available. In addition, applicants shall be subject to the grounds for denial or issuance of a conditional license under chapter 18.130 RCW. No more than one temporary certificate may be issued to any applicant. Such permittee shall be employed by a licensed veterinary practitioner or by the state of Washington. [1991 c 3 § 245; 1986 c 259 § 142; 1967 ex.s. c 50 § 8; 1959 c 92 § 9; 1941 c 71 § 11; 1907 c 124 § 11; Rem. Supp. 1941 § 10040-11.] 18.92.120 Severability—1986 c 259: See note following RCW 18.130.010. 18.92.125 Veterinary technicians or veterinary medication clerks. No veterinarian who uses the services of a veterinary technician or veterinary medication clerk shall be considered as aiding and abetting any unlicensed person to practice veterinary medicine. A veterinarian retains professional and personal responsibility for any act which constitutes the practice of veterinary medicine as defined in this chapter when performed by a veterinary technician or veterinary medication clerk in his or her employ. [2000 c 93 § 12; 1993 c 78 § 5; 1986 c 259 § 143; 1983 c 102 § 5; 1974 ex.s. c 44 § 6.] 18.92.125 Severability—1986 c 259: See note following RCW 18.130.010. 18.92.128 Veterinary technician license—Rules. (1) The board shall issue a veterinary technician license to an individual who has: (a) Successfully passed an examination administered by the board; and 18.92.128 (2008 Ed.) 18.92.135 (b)(i) Successfully completed a posthigh school course approved by the board in the care and treatment of animals; or (ii) Had five years’ practical experience, acceptable to the board, with a licensed veterinarian. (2) The board shall adopt rules under chapter 34.05 RCW identifying standard tasks and procedures that must be included in the experience of a person who qualifies to take the veterinarian technician examination through the period of practical experience required in subsection (1)(b)(ii) of this section, and requirements for the supervising veterinarian’s attestation to completion of the practical experience and that training included the required tasks and procedures. [2007 c 235 § 2.] 18.92.130 License—Reciprocity with other states— Fee. Any person who has been lawfully licensed to practice veterinary medicine, surgery, and dentistry in another state or territory which has and maintains a standard for the practice of veterinary medicine, surgery and dentistry which is substantially the same as that maintained in this state, and who has been lawfully and continuously engaged in the practice of veterinary medicine, surgery and dentistry for two years or more immediately before filing his or her application to practice in this state and who shall submit to the secretary a duly attested certificate from the examining board of the state or territory in which he or she is registered, certifying to the fact of his or her registration and of his or her being a person of good moral character and of professional attainments, may upon the payment of the fee as provided herein, be granted a license to practice veterinary medicine, surgery and dentistry in this state, without being required to take an examination: PROVIDED, HOWEVER, That no license shall be issued to any applicant, unless the state or territory from which such certificate has been granted to such applicant shall have extended a like privilege to engage in the practice of veterinary medicine, surgery and dentistry within its own borders to veterinarians heretofore and hereafter licensed by this state, and removing to such other state: AND PROVIDED FURTHER, That the secretary of health shall have power to enter into reciprocal relations with other states whose requirements are substantially the same as those provided herein. The board shall make recommendations to the secretary upon all requests for reciprocity. [1991 c 3 § 246; 1959 c 92 § 10; 1941 c 71 § 12; Rem. Supp. 1941 § 10040-12.] 18.92.130 18.92.135 License to practice specialized veterinary medicine. (1) The department may issue a license to practice specialized veterinary medicine in this state to a veterinarian who: (a) Submits an application on a form provided by the secretary for a license in a specialty area recognized by the board by rule; (b) Holds a current certification as a diplomate of a national specialty board or college recognized by the board by rule in the specialty area for which application is submitted; (c) Is not subject to license investigation, suspension, revocation, or other disciplinary action in any state, United States territory, or province of Canada; 18.92.135 [Title 18 RCW—page 273] 18.92.140 Title 18 RCW: Businesses and Professions (d) Has successfully completed an examination established by the board regarding this state’s laws and rules regulating the practice of veterinary medicine; and (e) Provides other information and verification required by the board. (2) A veterinarian licensed to practice specialized veterinary medicine shall not practice outside his or her licensed specialty unless he or she meets licensing requirements established for practicing veterinary medicine, surgery, and dentistry under RCW 18.92.070 and 18.92.100. (3) The board shall determine by rule the limits of the practice of veterinary medicine, surgery, and dentistry represented by a license to practice specialized veterinary medicine. (4) The board may deny, revoke, suspend, or modify a license to practice specialized veterinary medicine if the national specialty board or college certifying the licensee denies, revokes, suspends, modifies, withdraws, or otherwise limits the certification or if the certification expires. [1991 c 332 § 41.] Captions not law—1991 c 332: See note following RCW 18.130.010. 18.92.140 License—Procedures, requirements, fees. Each person now qualified to practice veterinary medicine, surgery, and dentistry, licensed as a veterinary technician, or registered as a veterinary medication clerk in this state or who becomes licensed or registered to engage in practice shall comply with administrative procedures, administrative requirements, and fees determined as provided in RCW 43.70.250 and 43.70.280. [2007 c 235 § 6; 2000 c 93 § 13; 1996 c 191 § 79; 1993 c 78 § 6; 1991 c 3 § 247; 1985 c 7 § 72; 1983 c 102 § 6; 1941 c 71 § 16; Rem. Supp. 1941 § 10040-16. FORMER PARTS OF SECTION: (i) 1941 c 71 § 17; Rem. Supp. 1941 § 10040-17, now codified as RCW 18.92.142. (ii) 1941 c 71 § 19, part; Rem. Supp. 1941 § 10040-19, part, now codified as RCW 18.92.145.] c 102 § 7; 1975 1st ex.s. c 30 § 84; 1971 ex.s. c 266 § 20; 1967 ex.s. c 50 § 9; 1959 c 92 § 12; 1941 c 71 § 19; Rem. Supp. 1941 § 10040-19. Prior: 1907 c 124 §§ 9, 10. Formerly RCW 18.92.090 and 18.92.140.] Captions not law—1991 c 332: See note following RCW 18.130.010. 18.92.150 18.92.150 License—Display. Every person holding a license under the provisions of this chapter shall conspicuously display it in his principal place of business, together with the annual renewal license certificate. [1941 c 71 § 18; Rem. Supp. 1941 § 10040-18.] 18.92.230 18.92.230 Use of another’s license or diploma a felony. Any person filing or attempting to file, as his or her own, the diploma or license of another is guilty of forgery under RCW 9A.60.020. [2003 c 53 § 139; 1941 c 71 § 23; Rem. Supp. 1941 § 10040-23.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Forgery: RCW 9A.60.020. 18.92.140 18.92.145 License, certificates of registration, permit, examination, and renewal fees. Administrative procedures, administrative requirements, and fees shall be established as provided in RCW 43.70.250 and 43.70.280 for the issuance, renewal, or administration of the following licenses, certificates of registration, permits, duplicate licenses, renewals, or examination: (1) For a license to practice veterinary medicine, surgery, and dentistry issued upon an examination given by the examining board; (2) For a license to practice veterinary medicine, surgery, and dentistry issued upon the basis of a license issued in another state; (3) For a license as a veterinary technician; (4) For a certificate of registration as a veterinary medication clerk; (5) For a temporary permit to practice veterinary medicine, surgery, and dentistry. The temporary permit fee shall be accompanied by the full amount of the examination fee; and (6) For a license to practice specialized veterinary medicine. [2007 c 235 § 7; 2000 c 93 § 14; 1996 c 191 § 80; 1993 c 78 § 7; 1991 c 332 § 42; 1991 c 3 § 248; 1985 c 7 § 73; 1983 18.92.145 [Title 18 RCW—page 274] 18.92.240 18.92.240 Violations generally—Penalty. Violation of any of the provisions of this chapter, or of any rule or regulation made pursuant thereto, shall constitute a misdemeanor and punishable by fine of not less than fifty dollars. [1941 c 71 § 24; Rem. Supp. 1941 § 10040-24.] 18.92.250 18.92.250 Intent—Veterinary services—Low-income households. The legislature recognizes that low-income households may not receive needed veterinary services for household pets. It is the intent of the legislature to allow qualified animal control agencies and humane societies to provide limited veterinary services to low-income members of our communities. It is not the intent of the legislature to allow these agencies to provide veterinary services to the public at large. [2002 c 157 § 1.] Effective date—2002 c 157: "This act takes effect July 1, 2003." [2002 c 157 § 3.] 18.92.260 18.92.260 Animal care societies/nonprofit humane societies—Low-income households—License required— Rule-making authority—Uniform disciplinary act—Registration—Fees. (1)(a) Subject to the limitations in this section, animal care and control agencies as defined in RCW 16.52.011 and nonprofit humane societies, that have qualified under section 501(c)(3) of the internal revenue code may provide limited veterinary services to animals owned by qualified low-income households. The veterinary services provided shall be limited to electronic identification, surgical sterilization, and vaccinations. A veterinarian or veterinary technician acting within his or her scope of practice must perform the limited veterinary services. For purposes of this section, "low-income household" means the same as in RCW 43.185A.010. (b) Animal control agencies and nonprofit humane societies, receiving animals on an emergency basis, may provide emergency care, subject to a local ordinance that defines an emergency situation and establishes temporary time limits. (2008 Ed.) Landscape Architects (c) Any local ordinance addressing the needs under this section that was approved by the voters and is in effect on July 1, 2003, remains in effect. (2) Veterinarians and veterinary technicians employed at these facilities must be licensed under this chapter. No officer, director, supervisor, or any other individual associated with an animal care or control agency or nonprofit humane society owning and operating a veterinary medical facility may impose any terms or conditions of employment or direct or attempt to direct an employed veterinarian in any way that interferes with the free exercise of the veterinarian’s professional judgment or infringes upon the utilization of his or her professional skills. (3) Veterinarians, veterinary technicians, and animal control agencies and humane societies acting under this section shall, for purposes of providing the limited veterinary services, meet the requirements established under this chapter and are subject to the rules adopted by the veterinary board of governors in the same fashion as any licensed veterinarian or veterinary medical facility in the state. (4) The Washington state veterinary board of governors shall adopt rules to: (a) Establish registration and registration renewal requirements; (b) Govern the purchase and use of drugs for the limited veterinary services authorized under this section; and (c) Ensure that agencies and societies are in compliance with this section. (5) The limited veterinary medical service authority granted by registration under this section may be denied, suspended, revoked, or conditioned by a determination of the board of governors for any act of noncompliance with this chapter. The uniform disciplinary act, chapter 18.130 RCW, governs unregistered operation, the issuance and denial of registrations, and the discipline of registrants under this section. (6) No animal control agency or humane society may operate under this chapter without registering with the department. An application for registration shall be made upon forms provided by the department and shall include the information the department reasonably requires, as provided by RCW 43.70.280. The department shall establish registration and renewal fees as provided by RCW 43.70.250. A registration fee shall accompany each application for registration or renewal. [2002 c 157 § 2.] Effective date—2002 c 157: See note following RCW 18.92.250. 18.92.900 Severability—1941 c 71. Should any section of this chapter, or any portion of any section be for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. [1941 c 71 § 25.] 18.92.900 Chapter 18.96 Chapter 18.96 RCW LANDSCAPE ARCHITECTS Sections 18.96.010 18.96.020 18.96.030 (2008 Ed.) Evidence of qualifications required. Registration required. Definitions. 18.96.040 18.96.050 18.96.060 18.96.070 18.96.080 18.96.090 18.96.100 18.96.110 18.96.120 18.96.140 18.96.150 18.96.160 18.96.170 18.96.180 18.96.190 18.96.200 18.96.900 18.96.030 Board of registration for landscape architects—Created— Members—Qualifications. Board—Terms of office—Removal—Compensation and travel expenses. Board—Rules—Quorum—Hearings. Qualifications of applicants. Applications—Contents—Fees. Examinations. Reciprocity. Renewals. Unprofessional conduct—Not in compliance with a support order. Reissuance of lost or destroyed certificates. Certificates of registration—Issuance—Contents—Seal. Misuse of seal. Penalty. Injunctions—Board members not personally liable—Prosecutions. Certificate of registration suspension—Nonpayment or default on educational loan or scholarship. Uniform regulation of business and professions act. Severability—1969 ex.s. c 158. Public contracts for architectural services: Chapter 39.80 RCW. 18.96.010 Evidence of qualifications required. In order to safeguard human health and property, and to promote the public welfare, any person in either public or private capacity practicing or offering to practice landscape architecture for hire, shall be required to submit evidence that he is qualified so to practice and shall be registered under the provisions of this chapter. [1969 ex.s. c 158 § 1.] 18.96.010 18.96.020 Registration required. It shall be unlawful for any person to use, or advertise the title landscape architect, landscape architecture, or landscape architectural, unless such person has duly registered under the provisions of this chapter. [1969 ex.s. c 158 § 2.] 18.96.020 18.96.030 Definitions. The following words and phrases as hereinafter used in this chapter shall have the following meanings: "Director" means the director of licensing of the state of Washington. "Board" means the state board of registration for landscape architects. "Landscape architect" means a person who engages in the practice of landscape architecture as hereinafter defined. A person practices landscape architecture within the meaning and intent of this chapter who performs for hire professional services such as consultations, investigations, reconnaissance, research, planning, design or teaching supervision in connection with the development of land areas where, and to the extent that, the dominant purpose of such services is the preservation, enhancement, or determination of proper land uses, natural land features, ground cover and planting, naturalistic and aesthetic values, the settings and approaches to structures or other improvements, or natural drainage and erosion control. This practice shall include the location, design, and arrangement of such tangible objects as pools, walls, steps, trellises, canopies, and other nonhabitable structures, and such features as are incidental and necessary to the purposes outlined herein. It involves the design and arrangement of land forms and the development of outdoor space including, but not limited to, the design of public parks, playgrounds, cemeteries, home and school grounds, and the 18.96.030 [Title 18 RCW—page 275] 18.96.040 Title 18 RCW: Businesses and Professions development of industrial and recreational sites. [1979 c 158 § 73; 1969 ex.s. c 158 § 3.] 18.96.040 Board of registration for landscape architects—Created—Members—Qualifications. There is created a state board of registration for landscape architects. The board shall consist of four landscape architects and one member of the general public. Members of the board shall be appointed by the governor and must be residents of this state having the qualifications required by this chapter. No public member of the board may be a past or present member of any other licensing board under this title. No public member may make his or her own livelihood from, nor have a parent, spouse, or child make their respective livelihood from providing landscape architect services, or from enterprises dealing in landscape architecture. The landscape architect members of the board must, while serving on the board, be actively engaged in their profession or trade and, immediately preceding appointment, have had at least five years experience in responsible charge of work or teaching within their profession or trade. [1993 c 35 § 1; 1985 c 18 § 1; 1969 ex.s. c 158 § 4.] 18.96.040 Effective date—1985 c 18: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on June 30, 1985." [1985 c 18 § 6.] 18.96.050 Board—Terms of office—Removal— Compensation and travel expenses. The members of the first board shall serve for the following terms: One member for one year, one member for two years, one member for three years, one member for four years, and one member for five years from the date of appointment or until successors are duly appointed and qualified. Every member of the board shall receive a certificate of his or her appointment from the governor, and before beginning his or her term of office shall file with the secretary of state his or her written oath or affirmation for the faithful discharge of his or her official duties. On the expiration of the term of each member, the governor shall appoint a successor to serve for a term of five years, or until his or her successor has been appointed and qualified: PROVIDED, That no member shall serve more than ten consecutive years. The governor may remove any member of the board for cause. Vacancies in the board for any reason shall be filled by appointment for the unexpired term. In carrying out the provisions of this chapter, the members of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses according to the provisions of RCW 43.03.050 and 43.03.060, such funds to be provided from the business and professions account created in RCW 43.24.150. [2005 c 25 § 2; 1984 c 287 § 52; 1975-’76 2nd ex.s. c 34 § 54; 1969 ex.s. c 158 § 5.] 18.96.050 Effective date—2005 c 25: See note following RCW 43.24.150. Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. 18.96.060 Board—Rules—Quorum—Hearings. The board shall adopt rules for its own organization and proce18.96.060 [Title 18 RCW—page 276] dure and such other rules as it may deem necessary to the proper performance of its duties. Three members of the board shall constitute a quorum for the conduct of any business of the board. The board may conduct hearings concerning alleged violations of the provisions of this chapter. [2002 c 86 § 234; 1969 ex.s. c 158 § 6.] Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.96.070 Qualifications of applicants. The following will be considered as minimum evidence satisfactory to the board that the applicant is qualified for registration as a professional landscape architect. The applicant must have completed a course of study in landscape architecture and have been graduated from a college or school approved by the board as offering a curriculum in landscape architecture, or the equivalent thereof, in any form of training, as determined by the board. Each complete year of study in any registered college or school of landscape architecture may be accepted in lieu of one year of equivalent training. He must have a minimum of seven years in any combination of training and experience, and shall present proof to the director of passing such written examinations as may be prescribed by the board. Registration under this chapter shall be on an individual, personal basis, and the director shall not register any firm, company, partnership, corporation, nor any public agency. Corporate practice is not permitted under the provisions of this chapter. [1969 ex.s. c 158 § 7.] 18.96.070 18.96.080 Applications—Contents—Fees. Application for registration shall be filed with the director prior to the date set for examination and shall contain statements made under oath showing the applicant’s education and a detailed summary of practical experience, and shall contain not less than three references who are landscape architects having personal knowledge of the applicant’s landscape architectural experience. The application fee for initial examination shall be determined by the director as provided in RCW 43.24.086. The application and fee must be submitted to the agency prior to the application deadline established by the director. Fees for initial examination and reexamination shall be determined by the director as provided in RCW 43.24.086, and must be filed with the agency prior to the application deadline established by the director. [1993 c 35 § 2; 1985 c 7 § 74; 1975 1st ex.s. c 30 § 85; 1969 ex.s. c 158 § 8.] 18.96.080 18.96.090 Examinations. Examinations of applicants for certificates of registration shall be held at least annually or at such times and places as the board may determine. The board shall determine from the examination and the material submitted with the applications whether or not the applicants possess sufficient knowledge, ability and moral fitness to safely and properly practice landscape architecture and to hold themselves out to the public as persons qualified for that practice. 18.96.090 (2008 Ed.) Landscape Architects 18.96.160 The scope of the examination and methods of examination procedure shall be prescribed by the board with special reference to landscape construction materials and methods, grading and drainage, plant materials suited for use in the northwest, specifications and supervisory practice, history and theory of landscape architecture relative to landscape architectural design, site planning and land design, subdivision, urban design, and a practical knowledge of botany, horticulture and similar subjects related to the practice of landscape architecture. The board may adopt an appropriate national examination and grading procedure. Applicants who fail to pass sections of the examination shall be permitted to retake the examination in the sections failed. A passing grade in a section shall exempt the applicant from examination in that subject for five years. The board may determine the standard for passing grades computed on a scale of one hundred percent. A certificate of registration shall be granted by the director to all qualified applicants who shall be certified by the board as having passed the required examination and as having given satisfactory proof of completion of the required experience. [1993 c 35 § 3; 1985 c 18 § 2; 1969 ex.s. c 158 § 9.] constitute unprofessional conduct for which the director may impose discipline upon any license holder or applicant under the jurisdiction of this chapter: (a) The holder of the certificate of registration is impersonating a practitioner or former practitioner. (b) The holder of the certificate of registration permits his or her seal to be affixed to any plans, specifications, or drawings that were not prepared by him or her or under his or her personal supervision by employees subject to his or her direction and control. (2) The director shall immediately suspend the certificate of registration of a landscape architect who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate of registration shall be automatic upon the director’s receipt of a release issued by the department of social and health services stating that the person is in compliance with the order. [2002 c 86 § 235; 1997 c 58 § 827; 1969 ex.s. c 158 § 12.] Effective date—1985 c 18: See note following RCW 18.96.040. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.96.100 Reciprocity. The director may, upon payment of a reciprocity application fee and the current registration fee in an amount as determined by the director as provided in RCW 43.24.086, grant a certificate of registration, upon recommendation by the board, to any applicant who is a registered landscape architect in any other state or country whose requirements for registration are at least substantially equivalent to the requirements of this state for registration by examination, and which extends the same privileges of reciprocity to landscape architects registered in this state. [1993 c 35 § 4; 1985 c 7 § 75; 1975 1st ex.s. c 30 § 86; 1969 ex.s. c 158 § 10.] Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. 18.96.100 18.96.110 Renewals. The renewal dates for certificates of registration shall be set by the director. The director shall set the fee for renewal which shall be determined as provided in RCW 43.24.086. If a registrant fails to pay the renewal fee within thirty days after the renewal date, the renewal shall be delinquent. The renewal fee for a delinquent renewal and the penalty fee for a delinquent renewal shall be established by the director. Any registrant in good standing, upon fully retiring from landscape architectural practice, may withdraw from practice by giving written notice to the director, and may thereafter resume practice at any time upon payment of the then current renewal fee. Any registrant, other than a properly withdrawn licensee, who fails to renew his or her registration for a period of more than five years may be reinstated under the circumstances as the board determines. [1993 c 35 § 5. Prior: 1985 c 18 § 3; 1985 c 7 § 76; 1975 1st ex.s. c 30 § 87; 1969 ex.s. c 158 § 11.] 18.96.110 Effective date—1985 c 18: See note following RCW 18.96.040. 18.96.120 Unprofessional conduct—Not in compliance with a support order. (1) In addition to the conduct, acts, or conditions set out in RCW 18.235.130, the following 18.96.120 (2008 Ed.) Effective dates—2002 c 86: See note following RCW 18.08.340. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 18.96.140 Reissuance of lost or destroyed certificates. A new certificate of registration to replace any certificate lost or destroyed, or mutilated may be issued by the director, and a charge determined by the director as provided in RCW 43.24.086 shall be made for such issuance. [2002 c 86 § 236; 1985 c 7 § 77; 1975 1st ex.s. c 30 § 88; 1969 ex.s. c 158 § 14.] 18.96.140 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.96.150 Certificates of registration—Issuance— Contents—Seal. The director shall issue a certificate of registration upon payment of the registration fee as provided in this chapter to any applicant who has satisfactorily met all requirements for registration. All certificates of registration shall show the full name of the registrant, shall have a serial number and shall be signed by the chairman and the executive secretary of the board, and by the director. Each registrant shall obtain a seal of a design authorized by the board, bearing the registrant’s name and the legend, "registered landscape architect". All sheets of drawings and title pages of specifications prepared by the registrant shall be stamped with said seal. [1993 c 35 § 6; 1969 ex.s. c 158 § 15.] 18.96.150 18.96.160 Misuse of seal. It shall be unlawful for anyone to stamp or seal any document with the seal after the certificate of registrant named thereon has expired or been revoked, or while the certificate is suspended. [1969 ex.s. c 158 § 16.] 18.96.160 [Title 18 RCW—page 277] 18.96.170 Title 18 RCW: Businesses and Professions 18.96.170 Penalty. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. [1969 ex.s. c 158 § 17.] 18.96.170 18.96.180 Injunctions—Board members not personally liable—Prosecutions. The board is authorized to apply for relief by injunction without bond to restrain a person from the commission of any act which is prohibited by this chapter. The members of the board shall not be personally liable for their action in any such proceeding or in any other proceeding instituted by the board under the provisions of this chapter. The board, in any proper case, shall cause prosecution to be instituted in any county or counties where any violation of this chapter occurs, and shall aid in the prosecution of the violator. [1969 ex.s. c 158 § 18.] 18.96.180 18.96.190 Certificate of registration suspension— Nonpayment or default on educational loan or scholarship. The director shall suspend the certificate of registration of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person’s certificate of registration shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for certification during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose. [1996 c 293 § 15.] 18.96.190 Severability—1996 c 293: See note following RCW 18.04.420. 18.96.200 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 237.] 18.100.040 18.100.050 18.100.060 18.100.065 18.100.070 18.100.080 18.100.090 18.100.095 18.100.100 18.100.110 18.100.114 18.100.116 18.100.118 18.100.120 18.100.130 18.100.132 18.100.133 18.100.134 18.100.140 18.100.145 18.100.150 18.100.160 Application of chapter to previously organized corporations. Organization of professional service corporations authorized generally—Architects, engineers, and health care professionals—Nonprofit corporations. Rendering of services by authorized individuals. Authority of directors, officers to render same services as corporation. Professional relationships and liabilities preserved. Engaging in other business prohibited—Investments. Stock issuance. Validity of share voting agreements. Legal qualification of officer, shareholder or employee to render professional service, effect. Sale or transfer of shares. Merger or consolidation. Death of shareholder, transfer to ineligible person—Treatment of shares. Eligibility of certain representatives and transferees to serve as directors, officers, or shareholders. Name—Listing of shareholders. Application of Business Corporation Act and Nonprofit Corporation Act. Nonprofit professional service corporations formed under prior law. Business corporations, election of this chapter. Professional services—Deletion from stated purposes of corporation. Improper conduct not authorized. Doctor of osteopathic medicine and surgery—Discrimination prohibited. Indemnification of agents of any corporation authorized. Foreign professional corporation. Materials specifically authorized to be printed and distributed by secretary of state: RCW 43.07.140. Revolving fund of secretary of state, deposit of moneys for costs of carrying out secretary of state’s functions under this chapter: RCW 43.07.130. 18.100.010 Legislative intent. It is the legislative intent to provide for the incorporation of an individual or group of individuals to render the same professional service to the public for which such individuals are required by law to be licensed or to obtain other legal authorization. [1969 c 122 § 1.] 18.100.010 18.100.020 Short title. This chapter may be cited as "the professional service corporation act". [1969 c 122 § 2.] 18.100.020 18.96.200 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.96.900 Severability—1969 ex.s. c 158. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected. [1969 ex.s. c 158 § 19.] 18.96.900 Chapter 18.100 RCW PROFESSIONAL SERVICE CORPORATIONS Chapter 18.100 Sections 18.100.010 18.100.020 18.100.030 18.100.035 Legislative intent. Short title. Definitions. Fees for services by secretary of state. [Title 18 RCW—page 278] 18.100.030 Definitions. As used in this chapter the following words shall have the meaning indicated: (1) The term "professional service" means any type of personal service to the public which requires as a condition precedent to the rendering of such service the obtaining of a license or other legal authorization and which prior to the passage of this chapter and by reason of law could not be performed by a corporation, including, but not by way of limitation, certified public accountants, chiropractors, dentists, osteopaths, physicians, podiatric physicians and surgeons, chiropodists, architects, veterinarians and attorneys-at-law. (2) The term "professional corporation" means a corporation which is organized under this chapter for the purpose of rendering professional service. (3) The term "ineligible person" means any individual, corporation, partnership, fiduciary, trust, association, government agency, or other entity which for any reason is or becomes ineligible under this chapter to own shares issued by a professional corporation. The term includes a charitable remainder unitrust or charitable remainder annuity trust that is or becomes an ineligible person for failure to comply with subsection (5)(b) of this section. 18.100.030 (2008 Ed.) Professional Service Corporations (4) The term "eligible person" means an individual, corporation, partnership, fiduciary, qualified trust, association, government agency, or other entity, that is eligible under this chapter to own shares issued by a professional corporation. (5) The term "qualified trust" means one of the following: (a) A voting trust established under RCW 23B.07.300, if the beneficial owner of any shares on deposit and the trustee of the voting trust are qualified persons; (b) A charitable remainder unitrust as defined in section 664(d)(1) of the internal revenue code or a charitable remainder annuity trust as defined in section 664(d)(2) or 664(d)(3) of the internal revenue code if the trust complies with each of the following conditions: (i) Has one or more beneficiaries currently entitled to income, unitrust, or annuity payments, all of whom are eligible persons or spouses of eligible persons; (ii) Has a trustee who is an eligible person and has exclusive authority over the share of the professional corporation while the shares are held in the trust, except that a cotrustee who is not an eligible person may be given authority over decisions relating to the sale of shares by the trust; (iii) Has one or more designated charitable remaindermen, all of which must at all times be domiciled or maintain a local chapter in Washington state; and (iv) When distributing any assets during the term of the trust to charitable organizations, the distributions are made only to charitable organizations described in section 170(c) of the internal revenue code that are domiciled or maintain a local chapter in Washington state. [1997 c 18 § 1; 1983 c 51 § 2; 1969 c 122 § 3.] 18.100.035 Fees for services by secretary of state. See RCW 43.07.120. 18.100.035 18.100.040 Application of chapter to previously organized corporations. This chapter shall not apply to any individuals or groups of individuals within this state who prior to the passage of this chapter were permitted to organize a corporation and perform personal services to the public by means of a corporation, and this chapter shall not apply to any corporation organized by such individual or group of individuals prior to the passage of this chapter: PROVIDED, That any such individual or group of individuals or any such corporation may bring themselves and such corporation within the provisions of this chapter by amending the articles of incorporation in such a manner so as to be consistent with all the provisions of this chapter and by affirmatively stating in the amended articles of incorporation that the shareholders have elected to bring the corporation within the provisions of this chapter. [1969 c 122 § 4.] 18.100.040 18.100.050 Organization of professional service corporations authorized generally—Architects, engineers, and health care professionals—Nonprofit corporations. (1) An individual or group of individuals duly licensed or otherwise legally authorized to render the same professional services within this state may organize and become a shareholder or shareholders of a professional corporation for pecuniary profit under the provisions of Title 23B RCW for the 18.100.050 (2008 Ed.) 18.100.060 purpose of rendering professional service. One or more of the legally authorized individuals shall be the incorporators of the professional corporation. (2) Notwithstanding any other provision of this chapter, registered architects and registered engineers may own stock in and render their individual professional services through one professional service corporation. (3) Licensed health care professionals, providing services to enrolled participants either directly or through arrangements with a health maintenance organization registered under chapter 48.46 RCW or federally qualified health maintenance organization, may own stock in and render their individual professional services through one professional service corporation. (4) Professionals may organize a nonprofit nonstock corporation under this chapter and chapter 24.03 RCW to provide professional services, and the provisions of this chapter relating to stock and referring to Title 23B RCW shall not apply to any such corporation. (5)(a) Notwithstanding any other provision of this chapter, health care professionals who are licensed or certified pursuant to chapters 18.06, 18.225, 18.22, 18.25, 18.29, 18.34, 18.35, 18.36A, 18.50, 18.53, 18.55, 18.57, 18.57A, 18.64, 18.71, 18.71A, 18.79, 18.83, 18.89, 18.108, and 18.138 RCW may own stock in and render their individual professional services through one professional service corporation and are to be considered, for the purpose of forming a professional service corporation, as rendering the "same specific professional services" or "same professional services" or similar terms. (b) Notwithstanding any other provision of this chapter, health care professionals who are regulated under chapters 18.59 and 18.74 RCW may own stock in and render their individual professional services through one professional service corporation formed for the sole purpose of providing professional services within their respective scope of practice. (c) Formation of a professional service corporation under this subsection does not restrict the application of the uniform disciplinary act under chapter 18.130 RCW, or applicable health care professional statutes under Title 18 RCW, including but not limited to restrictions on persons practicing a health profession without being appropriately credentialed and persons practicing beyond the scope of their credential. [2001 c 251 § 29; 1999 c 128 § 1; 1997 c 390 § 3; 1996 c 22 § 1; 1991 c 72 § 3; 1986 c 261 § 1; 1983 c 100 § 1; 1969 c 122 § 5.] Severability—2001 c 251: See RCW 18.225.900. 18.100.060 Rendering of services by authorized individuals. (1) No corporation organized under this chapter may render professional services except through individuals who are duly licensed or otherwise legally authorized to render such professional services within this state. However, nothing in this chapter shall be interpreted to: (a) Prohibit a person duly licensed or otherwise legally authorized to render professional services in any jurisdiction other than this state from becoming a member of a professional corporation in this state organized for the purpose of rendering the same professional services; 18.100.060 [Title 18 RCW—page 279] 18.100.065 Title 18 RCW: Businesses and Professions (b) Prohibit a professional corporation from rendering services outside this state through individuals who are not duly licensed or otherwise legally authorized to render professional services within this state; or (c) Require the licensing of clerks, secretaries, bookkeepers, technicians, and other assistants employed by a professional corporation who are not usually and ordinarily considered by custom and practice to be rendering professional services to the public for which a license or other legal authorization is required. (2) Persons engaged in a profession and otherwise meeting the requirements of this chapter may operate under this chapter as a professional corporation so long as each shareholder personally engaged in the practice of the profession in this state is duly licensed or otherwise legally authorized to practice the profession in this state and: (a) At least one officer and one director of the corporation is duly licensed or otherwise legally authorized to practice the profession in this state; or (b) Each officer in charge of an office of the corporation in this state is duly licensed or otherwise legally authorized to practice the profession in this state. [1998 c 293 § 1; 1983 c 51 § 3; 1969 c 122 § 6.] 18.100.065 Authority of directors, officers to render same services as corporation. Except as otherwise provided in RCW 18.100.118, all directors of a corporation organized under this chapter and all officers other than the secretary and the treasurer shall be duly licensed or otherwise legally authorized to render the same specific professional services within this or any other state as those for which the corporation was incorporated. [1998 c 293 § 2; 1983 c 51 § 7.] 18.100.065 18.100.070 Professional relationships and liabilities preserved. Nothing contained in this chapter shall be interpreted to abolish, repeal, modify, restrict or limit the law now in effect in this state applicable to the professional relationship and liabilities between the person furnishing the professional services and the person receiving such professional service and the standards for professional conduct. Any director, officer, shareholder, agent or employee of a corporation organized under this chapter shall remain personally and fully liable and accountable for any negligent or wrongful acts or misconduct committed by him or by any person under his direct supervision and control, while rendering professional services on behalf of the corporation to the person for whom such professional services were being rendered. The corporation shall be liable for any negligent or wrongful acts of misconduct committed by any of its directors, officers, shareholders, agents or employees while they are engaged on behalf of the corporation, in the rendering of professional services. [1969 c 122 § 7.] 18.100.070 18.100.080 Engaging in other business prohibited— Investments. No professional service corporation organized under this chapter shall engage in any business other than the rendering of the professional services for which it was incorporated or service as a trustee as authorized by RCW 11.36.021 or as a personal representative as authorized by RCW 11.36.010: PROVIDED, That nothing in this chapter 18.100.080 [Title 18 RCW—page 280] or in any other provisions of existing law applicable to corporations shall be interpreted to prohibit such corporation from investing its funds in real estate, personal property, mortgages, stocks, bonds, insurance, or any other type of investments. [1984 c 149 § 170; 1969 c 122 § 8.] Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005. 18.100.090 Stock issuance. Except as otherwise provided in RCW 18.100.118, no professional corporation organized under the provisions of this chapter may issue any of its capital stock to anyone other than the trustee of a qualified trust or an individual who is duly licensed or otherwise legally authorized to render the same specific professional services within this or any other state as those for which the corporation was incorporated. [1998 c 293 § 3; 1997 c 18 § 2; 1983 c 51 § 4; 1969 c 122 § 9.] 18.100.090 18.100.095 Validity of share voting agreements. Except for qualified trusts, a proxy, voting trust, or other voting agreement with respect to shares of a professional corporation shall not be valid unless all holders thereof, all trustees and beneficiaries thereof, or all parties thereto, as the case may be, are eligible to be shareholders of the corporation. [1997 c 18 § 3; 1983 c 51 § 12.] 18.100.095 18.100.100 Legal qualification of officer, shareholder or employee to render professional service, effect. Unless a director, officer, shareholder, agent or employee of a corporation organized under this chapter who has been rendering professional service to the public is legally qualified at all times to render such professional services within at least one state in which the corporation conducts business, he or she shall sever all employment with, and financial interests in, such corporation forthwith. A corporation’s failure to require compliance with this provision shall constitute a ground for the forfeiture of its articles of incorporation and its dissolution. When a corporation’s failure to comply with this provision is brought to the attention of the office of the secretary of state, the secretary of state forthwith shall certify that fact to the attorney general for appropriate action to dissolve the corporation. [1998 c 293 § 4; 1969 c 122 § 10.] 18.100.100 18.100.110 Sale or transfer of shares. No shareholder of a corporation organized as a professional corporation may sell or transfer his or her shares in such corporation except to the trustee of a qualified trust or another individual who is eligible to be a shareholder of such corporation. Any transfer of shares in violation of this section shall be void. However, nothing in this section prohibits the transfer of shares of a professional corporation by operation of law or court decree. [1997 c 18 § 4; 1983 c 51 § 5; 1969 c 122 § 11.] 18.100.110 18.100.114 Merger or consolidation. A corporation organized under this chapter may merge or consolidate with another corporation, domestic or foreign, organized to render the same specific professional services, only if every shareholder of each corporation is eligible to be a shareholder of the surviving or new corporation. [1998 c 293 § 6; 1983 c 51 § 8.] 18.100.114 (2008 Ed.) Professional Service Corporations 18.100.116 Death of shareholder, transfer to ineligible person—Treatment of shares. (1) If: (a)(i) A shareholder of a professional corporation dies; (ii) A shareholder of a professional corporation becomes an ineligible person; (iii) Shares of a professional corporation are transferred by operation of law or court decree to an ineligible person; or (iv) A charitable remainder unitrust or charitable remainder annuity trust that holds shares of a professional corporation becomes an ineligible person; and (b) The shares held by the deceased shareholder or by such ineligible person are less than all of the outstanding shares of the corporation, then the shares held by the deceased shareholder or by the ineligible person may be transferred to remaining shareholders of the corporation or may be redeemed by the corporation pursuant to terms stated in the articles of incorporation or by laws of the corporation, or in a private agreement. In the absence of any such terms, such shares may be transferred to any individual eligible to be a shareholder of the corporation. (2) If such a redemption or transfer of the shares held by a deceased shareholder or an ineligible person is not completed within twelve months after the death of the deceased shareholder or the transfer, as the case may be, such shares shall be deemed to be shares with respect to which the holder has elected to exercise the right of dissent described in chapter 23B.13 RCW and has made written demand on the corporation for payment of the fair value of such shares. The corporation shall forthwith cancel the shares on its books and the deceased shareholder or ineligible person shall have no further interest in the corporation other than the right to payment for the shares as is provided in RCW 23B.13.250. For purposes of the application of RCW 23B.13.250, the date of the corporate action and the date of the shareholder’s written demand shall be deemed to be one day after the date on which the twelve-month period from the death of the deceased shareholder, or from the transfer, expires. [1997 c 18 § 5; 1991 c 72 § 4; 1983 c 51 § 10.] 18.100.116 18.100.118 Eligibility of certain representatives and transferees to serve as directors, officers, or shareholders. If all of the outstanding shares of a professional corporation are held by an administrator, executor, guardian, conservator, or receiver of the estate of a former shareholder, or by a transferee who received such shares by operation of law or court decree, such administrator, executor, guardian, conservator, receiver, or transferee for a period of twelve months following receipt or transfer of such shares may be a director, officer, or shareholder of the professional corporation. [1983 c 51 § 11.] 18.100.118 18.100.120 Name—Listing of shareholders. Corporations organized pursuant to this chapter shall render professional service and exercise its authorized powers under a name permitted by law and the professional ethics of the profession in which the corporation is so engaged. The corporate name of a professional service corporation must contain either the words "professional service" or "professional corporation" or the abbreviation "P.S." or "P.C." The corporate name may also contain either the words "corporation," "incorporated," "company," or "limited," or the abbreviation 18.100.120 (2008 Ed.) 18.100.134 "corp.," "inc.," "co.," or "ltd." With the filing of its first annual report and any filings thereafter, professional service corporation shall list its then shareholders: PROVIDED, That notwithstanding the foregoing provisions of this section, the corporate name of a corporation organized to render dental services shall contain the full names or surnames of all shareholders and no other word than "chartered" or the words "professional services" or the abbreviation "P.S." or "P.C." [1993 c 290 § 1; 1982 c 35 § 169; 1969 c 122 § 12.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 18.100.130 Application of Business Corporation Act and Nonprofit Corporation Act. (1) For a professional service corporation organized for pecuniary profit under this chapter, the provisions of Title 23B RCW shall be applicable except to the extent that any of the provisions of this chapter are interpreted to be in conflict with the provisions thereof, and in such event the provisions and sections of this chapter shall take precedence with respect to a corporation organized pursuant to the provisions of this chapter. (2) For a professional service corporation organized under this chapter and chapter 24.03 RCW as a nonprofit nonstock corporation, the provisions of chapter 24.03 RCW shall be applicable except to the extent that any of the provisions of this chapter are interpreted to be in conflict with the provisions thereof, and in such event the provisions and sections of this chapter shall take precedence with respect to a corporation organized under the provisions of this chapter. [1991 c 72 § 5; 1986 c 261 § 2; 1983 c 51 § 6; 1969 c 122 § 13.] 18.100.130 18.100.132 Nonprofit professional service corporations formed under prior law. A nonprofit professional service corporation formed pursuant to *chapter 431, Laws of 1985, may amend its articles of incorporation at any time before July 31, 1987, to comply with the provisions of this chapter. Compliance under this chapter shall relate back and take effect as of the date of formation of the corporation under *chapter 431, Laws of 1985, and the corporate existence shall be deemed to have continued without interruption from that date. [1986 c 261 § 4.] 18.100.132 *Reviser’s note: Chapter 431, Laws of 1985 enacted RCW 24.03.038, which was repealed by 1986 c 261 § 7. 18.100.133 Business corporations, election of this chapter. A business corporation formed under the provisions of Title 23B RCW may amend its articles of incorporation to change its stated purpose to the rendering of professional services and to conform to the requirements of this chapter. Upon the effective date of such amendment, the corporation shall be subject to the provisions of this chapter and shall continue in existence as a professional corporation under this chapter. [1991 c 72 § 6; 1986 c 261 § 5.] 18.100.133 18.100.134 Professional services—Deletion from stated purposes of corporation. A professional corporation may amend its articles of incorporation to delete from its stated purposes the rendering of professional services and to conform to the requirements of Title 23B RCW, or to the requirements of chapter 24.03 RCW if organized pursuant to 18.100.134 [Title 18 RCW—page 281] 18.100.140 Title 18 RCW: Businesses and Professions RCW 18.100.050 as a nonprofit nonstock corporation. Upon the effective date of such amendment, the corporation shall no longer be subject to the provisions of this chapter and shall continue in existence as a corporation under Title 23B RCW or chapter 24.03 RCW. [1991 c 72 § 7; 1986 c 261 § 3; 1983 c 51 § 9.] 18.100.140 18.100.140 Improper conduct not authorized. Nothing in this chapter shall authorize a director, officer, shareholder, agent or employee of a corporation organized under this chapter, or a corporation itself organized under this chapter, to do or perform any act which would be illegal, unethical or unauthorized conduct under the provisions of the following acts: (1) Physicians and surgeons, chapter 18.71 RCW; (2) anti-rebating act, chapter 19.68 RCW; (3) state bar act, chapter 2.48 RCW; (4) professional accounting act, chapter 18.04 RCW; (5) professional architects act, chapter 18.08 RCW; (6) professional auctioneers act, chapter 18.11 RCW; (7) cosmetologists, barbers, and manicurists, chapter 18.16 RCW; (8) boarding homes act, chapter 18.20 RCW; (9) podiatric medicine and surgery, chapter 18.22 RCW; (10) chiropractic act, chapter 18.25 RCW; (11) registration of contractors, chapter 18.27 RCW; (12) debt adjusting act, chapter 18.28 RCW; (13) dental hygienist act, chapter 18.29 RCW; (14) dentistry, chapter 18.32 RCW; (15) dispensing opticians, chapter 18.34 RCW; (16) naturopathic physicians, chapter 18.36A RCW; (17) embalmers and funeral directors, chapter 18.39 RCW; (18) engineers and land surveyors, chapter 18.43 RCW; (19) escrow agents registration act, chapter 18.44 RCW; (20) *maternity homes, chapter 18.46 RCW; (21) midwifery, chapter 18.50 RCW; (22) nursing homes, chapter 18.51 RCW; (23) optometry, chapter 18.53 RCW; (24) osteopathic physicians and surgeons, chapter 18.57 RCW; (25) pharmacists, chapter 18.64 RCW; (26) physical therapy, chapter 18.74 RCW; (27) registered nurses, advanced registered nurse practitioners, and practical nurses, chapter 18.79 RCW; (28) psychologists, chapter 18.83 RCW; (29) real estate brokers and salesmen, chapter 18.85 RCW; (30) veterinarians, chapter 18.92 RCW. [1994 sp.s. c 9 § 717; 1987 c 447 § 16; 1982 c 35 § 170; 1969 c 122 § 14.] *Reviser’s note: The definition of "maternity home" was changed to "birthing center" by 2000 c 93 § 30. Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Severability—1987 c 447: See RCW 18.36A.901. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 18.100.150 Indemnification of agents of any corporation authorized. See RCW 23B.17.030. 18.100.150 18.100.160 Foreign professional corporation. A foreign professional corporation may render professional services in this state so long as it complies with chapter 23B.15 RCW and each individual rendering professional services in this state is duly licensed or otherwise legally authorized to render such professional services within this state. [1998 c 293 § 7.] 18.100.160 Chapter 18.104 Chapter 18.104 RCW WATER WELL CONSTRUCTION Sections 18.104.005 18.104.010 18.104.020 18.104.030 18.104.040 18.104.043 18.104.048 18.104.049 18.104.050 18.104.055 18.104.060 18.104.065 18.104.070 18.104.080 18.104.093 18.104.095 18.104.097 18.104.100 18.104.110 18.104.115 18.104.120 18.104.130 18.104.150 18.104.155 18.104.160 18.104.170 18.104.180 18.104.190 18.104.200 18.104.900 18.104.910 18.104.920 18.104.930 Transfer of duties to the department of health. Purpose. Definitions. Compliance enjoined. Powers of department. Well sealing and decommissioning—Delegation of authority. Prior notice of well construction, reconstruction, or decommissioning. Modification of construction standards. Reports of well construction or decommissioning. Fees. Violations—Cease and desist orders. Remedies for noncomplying wells. Water well operator’s license. Examinations—Subjects—Times and places. Water well construction operator’s training license. Resource protection well operator’s license. Resource protection well operator’s training license. Licenses—Duration—Renewal—Failure to renew, procedure—Suspension—Conditional licenses. Actions against licenses—Grounds—Duration. License suspension—Nonpayment or default on educational loan or scholarship. Complaints against a well contractor, operator, or trainee— Department’s response—Review. Appeals. Disposition of fees—Grants to local governments. Civil penalties—Amount and disposition. Criminal penalties—Prosecutions. Remedies cumulative. Exemptions. Technical advisory group. Continuing education. Short title. Effective date—1971 ex.s. c 212. Severability—1971 ex.s. c 212. Effective date—1993 c 387. 18.104.005 Transfer of duties to the department of health. The powers and duties of the department of social and health services under this chapter shall be performed by the department of health. [1989 1st ex.s. c 9 § 237.] 18.104.005 18.100.145 18.100.145 Doctor of osteopathic medicine and surgery—Discrimination prohibited. A professional service corporation that provides health care services to the general public may not discriminate against a qualified doctor of osteopathic medicine and surgery licensed under chapter 18.57 RCW, who has applied to practice with the professional service corporation, solely because that practitioner was board certified or eligible under an approved osteopathic certifying board instead of board certified or eligible respectively under an approved medical certifying board. [1995 c 64 § 2.] [Title 18 RCW—page 282] Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. 18.104.010 Purpose. The legislature declares that the drilling, making or constructing of wells within the state is a business and activity of vital interest to the public. In order to protect the public health, welfare, and safety of the people it is necessary that provision be made for the regulation and licensing of well contractors and operators and for the regulation of well design and construction. [1993 c 387 § 1; 1971 ex.s. c 212 § 1.] 18.104.010 (2008 Ed.) Water Well Construction 18.104.020 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Abandoned well" means a well that is unmaintained or is in such disrepair that it is unusable or is a risk to public health and welfare. (2) "Constructing a well" or "construct a well" means: (a) Boring, digging, drilling, or excavating a well; (b) Installing casing, sheeting, lining, or well screens, in a well; (c) Drilling a geotechnical soil boring; or (d) Installing an environmental investigation well. "Constructing a well" or "construct a well" includes the alteration of an existing well. (3) "Decommission" means to fill or plug a well so that it will not produce water, serve as a channel for movement of water or pollution, or allow the entry of pollutants into the well or aquifers. (4) "Department" means the department of ecology. (5) "Dewatering well" means a cased or lined excavation or boring that is intended to withdraw or divert groundwater for the purpose of facilitating construction, stabilizing a landslide, or protecting an aquifer. (6) "Director" means the director of the department of ecology. (7) "Environmental investigation well" means a cased hole intended or used to extract a sample or samples of groundwater, vapor, or soil from an underground formation and which is decommissioned immediately after the sample or samples are obtained. An environmental investigation well is typically installed using direct push technology or auger boring and uses the probe, stem, auger, or rod as casing. An environmental investigation well is not a geotechnical soil boring. (8) "Geotechnical soil boring" or "boring" means a well drilled for the purpose of obtaining soil samples or information to ascertain structural properties of the subsurface. (9) "Ground source heat pump boring" means a vertical boring constructed for the purpose of installing a closed loop heat exchange system for a ground source heat pump. (10) "Groundwater" means and includes groundwaters as defined in RCW 90.44.035. (11) "Grounding well" means a grounding electrode installed in the earth by the use of drilling equipment to prevent buildup of voltages that may result in undue hazards to persons or equipment. Examples are anode and cathode protection wells. (12) "Instrumentation well" means a well in which pneumatic or electric geotechnical or hydrological instrumentation is permanently or periodically installed to measure or monitor subsurface strength and movement. Instrumentation well includes borehole extensometers, slope indicators, pneumatic or electric pore pressure transducers, and load cells. (13) "Monitoring well" means a well designed to obtain a representative groundwater sample or designed to measure the water level elevation in either clean or contaminated water or soil. (14) "Observation well" means a well designed to measure the depth to the water level elevation in either clean or contaminated water or soil. 18.104.020 (2008 Ed.) 18.104.030 (15) "Operator" means a person who (a) is employed by a well contractor; (b) is licensed under this chapter; or (c) who controls, supervises, or oversees the construction of a well or who operates well construction equipment. (16) "Owner" or "well owner" means the person, firm, partnership, copartnership, corporation, association, other entity, or any combination of these, who owns the property on which the well is or will be constructed or has the right to the well by means of an easement, covenant, or other enforceable legal instrument for the purpose of benefiting from the well. (17) "Pollution" and "contamination" have the meanings provided in RCW 90.48.020. (18) "Remediation well" means a well intended or used to withdraw groundwater or inject water, air (for air sparging), or other solutions into the subsurface for the purpose of remediating, cleaning up, or controlling potential or actual groundwater contamination. (19) "Resource protection well" means a cased boring intended or used to collect subsurface information or to determine the existence or migration of pollutants within an underground formation. Resource protection wells include monitoring wells, observation wells, piezometers, spill response wells, remediation wells, environmental investigation wells, vapor extraction wells, ground source heat pump boring, grounding wells, and instrumentation wells. (20) "Resource protection well contractor" means any person, firm, partnership, copartnership, corporation, association, or other entity, licensed and bonded under chapter 18.27 RCW, engaged in the business of constructing resource protection wells or geotechnical soil borings. (21) "Water well" means any excavation that is constructed when the intended use of the well is for the location, diversion, artificial recharge, observation, monitoring, dewatering, or withdrawal of groundwater. "Water wells" include ground source heat pump borings and grounding wells. (22) "Water well contractor" means any person, firm, partnership, copartnership, corporation, association, or other entity, licensed and bonded under chapter 18.27 RCW, engaged in the business of constructing water wells. (23) "Well" means water wells, resource protection wells, dewatering wells, and geotechnical soil borings. Well does not mean an excavation made for the purpose of obtaining or prospecting for oil, natural gas, geothermal resources, minerals, or products of mining, or quarrying, or for inserting media to repressure oil or natural gas bearing formations, or for storing petroleum, natural gas, or other products. (24) "Well contractor" means a resource protection well contractor and a water well contractor licensed and bonded under chapter 18.27 RCW. [2005 c 84 § 1; 2002 c 48 § 1; 2000 c 171 § 26; 1993 c 387 § 2; 1983 1st ex.s. c 27 § 14; 1971 ex.s. c 212 § 2.] 18.104.030 Compliance enjoined. It is unlawful: (1) For any person to supervise, construct, alter, or decommission a well without complying with the provisions of this chapter and the rules for well construction adopted pursuant to this chapter; (2) For any person to cause a well to be constructed in violation of the standards for well construction established by 18.104.030 [Title 18 RCW—page 283] 18.104.040 Title 18 RCW: Businesses and Professions this chapter and rules adopted by the department pursuant to this chapter; (3) For a prospective water well owner to have a water well constructed without first obtaining a water right permit, if a permit is required; (4) For any person to construct, alter, or decommission a well unless the fees required by RCW 18.104.055 have been paid; (5) For a person to tamper with or remove a well identification tag except during well alteration; and (6) Except as provided in RCW 18.104.180, for any person to contract to engage in the construction of a well or to act as a well operator without first obtaining a license pursuant to this chapter. [1993 c 387 § 3; 1971 ex.s. c 212 § 3.] 18.104.040 Powers of department. The department shall have the power: (1) To issue, deny, suspend or revoke licenses pursuant to the provisions of this chapter; (2) At all reasonable times, to enter upon lands for the purpose of inspecting, taking measurements from, or tagging any well, constructed or being constructed; (3) To call upon or receive professional or technical advice from the department of health, the technical advisory group created in RCW 18.104.190, or any other public agency or person; (4) To adopt rules, in consultation with the department of health and the technical advisory group created in RCW 18.104.190, governing licensing and well construction as may be appropriate to carry out the purposes of this chapter. The rules adopted by the department may include, but are not limited to: (a) Standards for the construction and maintenance of wells and their casings; (b) Methods of capping, sealing, and decommissioning wells to prevent contamination of groundwater resources and to protect public health and safety; (c) Methods of artificial recharge of groundwater bodies and of construction of wells which insure separation of individual water bearing formations; (d) The manner of conducting and the content of examinations required to be taken by applicants for license hereunder; (e) Requirements for the filing of notices of intent, well reports, and the payment of fees; (f) Reporting requirements of well contractors; (g) Limitations on well construction in areas identified by the department as requiring intensive control of withdrawals in the interests of sound management of the groundwater resource; (5) To require the operator in the construction of a well and the property owner in the maintenance of a well to guard against waste and contamination of the groundwater resources; (6) To require the operator to place a well identification tag on a new well and on an existing well on which work is performed after the effective date of rules requiring well identification tags and to place or require the owner to place a well identification tag on an existing well; (7) To require the well owner to repair or decommission any well: 18.104.040 [Title 18 RCW—page 284] (a) That is abandoned, unusable, or not intended for future use; or (b) That is an environmental, safety, or public health hazard. [1993 c 387 § 4; 1991 c 3 § 249; 1971 ex.s. c 212 § 4.] 18.104.043 Well sealing and decommissioning—Delegation of authority. (1) If requested in writing by the governing body of a local health district or county, the department by memorandum of agreement may delegate to the governing body the authority to administer and enforce the well tagging, sealing, and decommissioning portions of the water well construction program. (2) The department shall determine whether a local health district or county that seeks delegation under this section has the resources, capability, and expertise, including qualified field inspectors, to administer the delegated program. If the department determines the local government has these resources, it shall notify well contractors and operators of the proposal. The department shall accept written comments on the proposal for sixty days after the notice is mailed. (3) If the department determines that a delegation of authority to a local health district or county to administer and enforce the well sealing and decommissioning portions of the water well construction program will enhance the public health and safety and the environment, the department and the local governing body may enter into a memorandum of agreement setting forth the specific authorities delegated by the department to the local governing body. The memorandum of agreement must be, at a minimum, reviewed annually. The department, in consultation with the technical advisory group, created under RCW 18.104.190, shall adopt rules outlining the annual review and reporting process. A detailed summary of the review must be made available to well contractors and operators upon request and be published on the department’s web site. (4) With regard to the portions of the water well construction program delegated under this section, the local governing agency shall exercise only the authority delegated to it under this section. If, after a public hearing, the department determines that a local governing body is not administering the program in accordance with this chapter, it shall notify the local governing body of the deficiencies. If corrective action is not taken within a reasonable time, not to exceed sixty days, the department by order shall withdraw the delegation of authority. (5) The department shall promptly furnish the local governing body with a copy of each water well report and notification of start cards received in the area covered by a delegated program. (6) The department and the local governing body shall coordinate to reduce duplication of effort and shall share all appropriate information including technical reports, violations, and well reports. (7) Any person aggrieved by a decision of a local health district or county under a delegated program may appeal the decision to the department. The department’s decision is subject to review by the pollution control hearings board as provided in RCW 43.21B.110. (8) The department shall not delegate the authority to license well contractors, renew licenses, receive notices of 18.104.043 (2008 Ed.) Water Well Construction intent to commence constructing a well, receive well reports, or collect state fees provided for in this chapter. [2005 c 84 § 2; 2000 c 32 § 1; 1996 c 12 § 2; 1993 c 387 § 5; 1992 c 67 § 2.] Findings—Intent—1996 c 12: "The legislature finds that experimental delegation of portions of the well drilling administration and enforcement authority of the department of ecology to willing and able local governments has been successful to date. Delegation has provided a more effective and efficient means of assuring proper well construction and decommissioning and protection of public health and safety than could be accomplished by the department of ecology acting alone. The legislature further finds that without legislative action, the authority for such delegation will expire June 30, 1996. Therefore, it is the intent of the legislature to extend the authority for delegation an additional four years." [1996 c 12 § 1.] Legislative findings—1992 c 67: "The legislature finds that the public health and safety and the environment would be enhanced by permitting qualified local governmental agencies to administer and enforce portions of the water well construction program." [1992 c 67 § 1.] 18.104.048 Prior notice of well construction, reconstruction, or decommissioning. A property owner or the owner’s agent shall notify the department of his or her intent to begin well construction, reconstruction, or decommissioning procedures at least seventy-two hours in advance of commencing work. The notice shall be submitted on forms provided by the department and shall be accompanied by the fees required by RCW 18.104.055. The notice shall contain the name of the owner of the well, location of the well, proposed use, approximate start date, well contractor’s or operator’s name and license number, company’s name, and other pertinent information as prescribed by rule of the department. Rules of the department shall also provide for prior telephonic notification by well contractors or operators in exceptional situations. The department shall issue a receipt indicating that the notice required by this section has been filed and the fees required by RCW 18.104.055 have been paid not later than three business days after the department has received the notice and fees. [1993 c 387 § 6; 1987 c 394 § 3.] 18.104.048 18.104.049 Modification of construction standards. The department by rule shall adopt procedures to permit a well operator to modify construction standards to meet unforeseen circumstances encountered during the construction of a well. The procedures shall be developed in consultation with the technical advisory group established in RCW 18.104.190. [1993 c 387 § 7.] 18.104.049 18.104.050 Reports of well construction or decommissioning. (1) Any person authorized by this chapter to construct or decommission a well shall furnish a well report to the director within thirty days after the completion of the construction or decommissioning of a well. The director, by rule, shall prescribe the form of the report and the information to be contained therein. (2) In the case of a dewatering well project: (a) A single well construction report may be submitted for all similar dewatering wells constructed with no significant change in geologic formation; and (b) A single well decommissioning report may be submitted for all similar dewatering wells decommissioned that have no significant change in geologic formation. [2005 c 84 § 3; 1993 c 387 § 8; 1971 ex.s. c 212 § 5.] 18.104.050 (2008 Ed.) 18.104.060 18.104.055 Fees. (1) A fee is hereby imposed on each well constructed in this state on or after July 1, 2005. (2)(a) The fee for one water well, other than a dewatering well, with a minimum top casing diameter of less than twelve inches is two hundred dollars. This fee does not apply to a ground source heat pump boring or a grounding well. (b) The fee for one water well, other than a dewatering well, with a minimum top casing diameter of twelve inches or greater is three hundred dollars. (c) The fee for a resource protection well, except for an environmental investigation well, a ground source heat pump boring, or a grounding well, is forty dollars for each well. (d) The fee for an environmental investigation well in which groundwater is sampled or measured is forty dollars for construction of up to four environmental investigation wells per project, ten dollars for each additional environmental investigation well constructed on a project with more than four wells. There is no fee for soil or vapor sampling purposes. (e) The fee for a ground source heat pump boring or a grounding well is forty dollars for construction of up to four ground source heat pump borings or grounding wells per project and ten dollars for each additional ground source heat pump boring or grounding well constructed on a project with more than four wells. (f) The combined fee for construction and decommissioning of a dewatering well system shall be forty dollars for each two hundred horizontal lineal feet, or portion thereof, of the dewatering well system. (g) The fee to decommission a water well is fifty dollars. (h) The fee to decommission a resource protection well, except for an environmental investigation well, is twenty dollars. There is no fee to decommission an environmental investigation well or a geotechnical soil boring. (i) The fee to decommission a ground source heat pump boring or a grounding well is twenty dollars. (3) The fees imposed by this section shall be paid at the time the notice of well construction is submitted to the department as provided by RCW 18.104.048. The department by rule may adopt procedures to permit the fees required for resource protection wells to be paid after the number of wells actually constructed has been determined. The department shall refund the amount of any fee collected for wells, borings, probes, or excavations as long as construction has not started and the department has received a refund request within one hundred eighty days from the time the department received the fee. The refund request shall be made on a form provided by the department. [2005 c 84 § 4; 2002 c 48 § 2; 1993 c 387 § 9.] 18.104.055 18.104.060 Violations—Cease and desist orders. Notwithstanding and in addition to any other powers granted to the department, whenever it appears to the director, or to an assistant authorized by the director to issue regulatory orders under this section, that a person is violating or is about to violate any of the provisions of this chapter, the director, or the director’s authorized assistant, may cause a written regulatory order to be served upon said person either personally, or by registered or certified mail delivered to the addressee only with return receipt requested and acknowledged by him or her. The order shall specify the provision of this chapter, 18.104.060 [Title 18 RCW—page 285] 18.104.065 Title 18 RCW: Businesses and Professions and if applicable, the rule adopted pursuant to this chapter alleged to be or about to be violated, and the facts upon which the conclusion of violating or potential violation is based, and shall order the act constituting the violation or the potential violation to cease and desist or, in appropriate cases, shall order necessary corrective action to be taken with regard to such acts within a specific and reasonable time. An order issued under this chapter shall become effective immediately upon receipt by the person to whom the order is directed, and shall become final unless review thereof is requested as provided in this chapter. [1993 c 387 § 10; 1971 ex.s. c 212 § 6.] 18.104.065 Remedies for noncomplying wells. (1) The department may order a well contractor or well operator to repair, alter, or decommission a well if the department demonstrates that the construction of the well did not meet the standards for well construction in effect at the time construction of the well was completed. (2) The department may not issue an order pursuant to this section: (a) For wells for which construction has been substantially completed before July 1, 1993, more than six years after construction has been substantially completed; or (b) For wells for which construction has been substantially completed on or after July 1, 1993, more than three years after construction has been substantially completed. For purposes of this subsection, "construction has been substantially completed" has the same meaning as "substantial completion of construction" in RCW 4.16.310. (3) Subsection (2) of this section shall only apply to a well for which the notice of construction required by RCW 18.104.048 and the report required by RCW 18.104.050 have been filed with the department. [1993 c 387 § 11.] 18.104.065 18.104.070 Water well operator’s license. A person shall be qualified to receive a water well operator’s license if the person: (1) Has submitted a completed application to the department on forms provided by the department and has paid to the department the application fee determined by rule adopted pursuant to this chapter; and (2) Has the field experience and educational training required by rule adopted by the department pursuant to this chapter; and (3) Has passed a written examination as provided for in RCW 18.104.080; and (4) Has passed an on-site examination by the department if the person’s qualifying field experience under subsection (2) of this section is from another state. The department may waive the on-site examination. [1993 c 387 § 12; 1987 c 394 § 2; 1971 ex.s. c 212 § 7.] 18.104.070 18.104.080 Examinations—Subjects—Times and places. The examination for a license issued pursuant to this chapter shall be prepared to test knowledge and understanding of at least the following subjects: (1) Washington groundwater laws as they relate to well construction; (2) Sanitary standards for well drilling and construction of wells; 18.104.080 [Title 18 RCW—page 286] (3) Types of well construction; (4) Drilling tools and equipment; (5) Underground geology as it relates to well construction; and (6) Rules of the department and the department of health relating to well construction. Examinations shall be held at such times and places as may be determined by the department but not later than thirty days after an applicant has filed a completed application with the department. The department shall make a determination of the applicant’s qualifications for a license within ten days after the examination. [1993 c 387 § 16; 1991 c 3 § 250; 1971 ex.s. c 212 § 8.] 18.104.093 Water well construction operator’s training license. The department may issue a water well construction operator’s training license if the person: (1) Has submitted a completed application to the department on forms provided by the department and has paid to the department the application fee required by rules adopted pursuant to this chapter; (2) Has acquired field experience and educational training required by rules adopted pursuant to this chapter; (3) Has passed a written examination as provided for in RCW 18.104.080; (4) Has passed an on-site examination by the department; and (5) Presents a statement by a person licensed under this chapter, other than a trainee, signed under penalty of perjury as provided in RCW 9A.72.085, verifying that the applicant has the field experience required by rules adopted pursuant to this chapter and assuming liability for any and all well construction activities of the person seeking the training license. A person with a water well construction operator’s training license may operate a drilling rig without the direct supervision of a licensed operator if a licensed operator is available by radio, telephone, or other means of communication. [1993 c 387 § 13.] 18.104.093 18.104.095 Resource protection well operator’s license. A person shall be qualified to receive a resource protection well operator’s license if the person: (1) Has submitted a completed application to the department on forms provided by the department and has paid to the department the application fee required by rules adopted pursuant to this chapter; (2) Has acquired field experience and educational training required by rules adopted pursuant to this chapter; (3) Has passed a written examination as provided for in RCW 18.104.080. This requirement shall not apply to a person who passed the written examination to obtain a resource protection well construction operator’s training license; and (4) Has passed an on-site examination by the department if the person’s qualifying field experience is from another state. The department may waive the on-site examination. A person with a license issued pursuant to this chapter before July 1, 1993, may obtain a resource protection well construction operator’s license by paying the application fee determined by rule adopted by the department pursuant to this chapter and submitting evidence required by the depart18.104.095 (2008 Ed.) Water Well Construction ment to demonstrate that the person has the required experience to construct resource protection wells. [1993 c 387 § 14.] 18.104.097 Resource protection well operator’s training license. The department may issue a resource protection well operator’s training license if the person: (1) Has submitted a completed application to the department on forms provided by the department and has paid to the department the application fee required by rules adopted pursuant to this chapter; (2) Has acquired field experience and educational training required by rules adopted pursuant to this chapter; (3) Has passed a written examination as provided for in RCW 18.104.080; (4) Has passed an on-site examination by the department; and (5) Presents a statement by a person licensed under this chapter, other than a trainee, signed under penalty of perjury as provided in RCW 9A.72.085, verifying that the applicant has the field experience required by rules adopted pursuant to this chapter and assuming liability for any and all well construction activities of the person seeking the training license. A person with a resource protection well construction operator’s training license may operate a drilling rig without direct supervision of a licensed operator if a licensed operator is accessible by radio, telephone, or other means of communication. [1993 c 387 § 15.] 18.104.097 18.104.100 Licenses—Duration—Renewal—Failure to renew, procedure—Suspension—Conditional licenses. (1) Licenses issued pursuant to this chapter shall be renewed every two years. A license shall be renewed upon payment of a renewal fee and completion of continuing education requirements and receipt of a completed license renewal application. If a licensee fails to submit an application for renewal, the renewal fee, and proof of completion of the required continuing education, the license shall be suspended at the end of its effective term. The licensee is not allowed to perform work authorized by their license during the time that it is suspended. The licensee is allowed thirty days to submit an application for renewal, the renewal fee, and proof of completion of the required continuing education for the renewal period. Continuing education obtained during the thirty-day suspension period may be applied only to the next renewal period. If a licensee fails to submit an application for renewal, the renewal fee, and proof of completion of the required continuing education by the end of the thirty-day suspension period, the license expires. The department shall adopt rules, in consultation with the technical advisory group created under RCW 18.104.190, that allow for an extension of the thirty-day suspension period for certain situations that are beyond the control of the licensee. The rules must also allow for a retirement or inactive license. (2) A person whose license has expired must apply for a new license as provided in this chapter. The department may waive the requirement for a written examination and on-site testing for a person whose license has expired. (3) The department may refuse to renew a license if the licensee has not complied with an order issued by the depart18.104.100 (2008 Ed.) 18.104.115 ment or has not paid a penalty imposed in accordance with this chapter, unless the order or penalty is under appeal. (4) The department may issue a conditional license to enable a former licensee to comply with an order to correct problems with a well. [2005 c 84 § 5; 1993 c 387 § 17; 1971 ex.s. c 212 § 10.] 18.104.110 Actions against licenses—Grounds— Duration. (1) In cases other than those relating to the failure of a licensee to renew a license, the director may suspend or revoke a license issued pursuant to this chapter for any of the following reasons: (a) For fraud or deception in obtaining the license; (b) For fraud or deception in reporting under RCW 18.104.050; (c) For violating the provisions of this chapter, or of any lawful rule or regulation of the department or the department of health. (2) The director shall immediately suspend any license issued under this chapter if the holder of the license has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director’s receipt of a release issued by the department of social and health services stating that the person is in compliance with the order. (3) No license shall be suspended for more than six months, except that a suspension under RCW 74.20A.320 shall continue until the department receives a release issued by the department of social and health services stating that the person is in compliance with the order. (4) No person whose license is revoked shall be eligible to apply for a license for one year from the effective date of the final order of revocation. [1997 c 58 § 828; 1993 c 387 § 18; 1991 c 3 § 251; 1971 ex.s. c 212 § 11.] 18.104.110 *Reviser’s note: 1997 c 58 § 887 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 18.104.115 License suspension—Nonpayment or default on educational loan or scholarship. The director shall suspend the license of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person’s license shall not be reissued until the person provides the director a written release 18.104.115 [Title 18 RCW—page 287] 18.104.120 Title 18 RCW: Businesses and Professions issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose. [1996 c 293 § 16.] Severability—1996 c 293: See note following RCW 18.04.420. 18.104.120 18.104.120 Complaints against a well contractor, operator, or trainee—Department’s response—Review. Any person who can demonstrate being materially harmed by the actions or inactions of a well contractor, operator, or trainee, or has knowledge of illegal activities engaged in by a well contractor, operator, or trainee may submit a complaint against the well contractor, operator, or trainee to the department of ecology. The complaint shall be in writing, signed by the complainant, and specify the grievances against the licensee. The department may investigate the complaint to establish the validity of the complaint. In the event evidence shows a violation of this chapter or rules adopted under this chapter, the department may respond to the complaint by issuance of an order appropriate to the violation. Review of the order shall be subject to the hearings procedures set forth in RCW 18.104.130. [2005 c 84 § 7; 1993 c 387 § 19; 1983 c 93 § 1; 1971 ex.s. c 212 § 12.] 18.104.130 Appeals. Any person who feels aggrieved by an order of the department including the granting, denial, revocation, or suspension of a license issued by the department pursuant to this chapter shall be entitled to an appeal pursuant to RCW 43.21B.310. [1987 c 109 § 24; 1971 ex.s. c 212 § 13.] 18.104.130 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 18.104.150 Disposition of fees—Grants to local governments. (1) All fees paid under this chapter shall be credited by the state treasurer to the reclamation account established by chapter 89.16 RCW. Subject to legislative appropriation, the fees collected under this chapter shall be allocated and expended by the director for the administration of the well construction, well operators’ licensing, and education programs. (2) The department shall provide grants to local governing entities that have been delegated portions of the well construction program pursuant to RCW 18.104.043 to assist in supporting well inspectors hired by the local governing body. Grants provided to a local governing body shall not exceed the revenues generated from fees for the portion of the program delegated and from the area in which authority is delegated to the local governing body. [1993 c 387 § 20; 1971 ex.s. c 212 § 15.] 18.104.150 18.104.155 Civil penalties—Amount and disposition. (1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.03.150, the department of ecology may assess a civil penalty for a violation of this chapter or rules or orders of the department adopted or issued pursuant to it. 18.104.155 [Title 18 RCW—page 288] (2) There shall be three categories of violations: Minor, serious, and major. (a) A minor violation is a violation that does not seriously threaten public health, safety, and the environment. Minor violations include, but are not limited to: (i) Failure to submit completed start cards and well reports within the required time; (ii) Failure to submit variance requests before construction; (iii) Failure to submit well construction fees; (iv) Failure to place a well identification tag on a new well; and (v) Minor or reparable construction problems. (b) A serious violation is a violation that poses a critical or serious threat to public health, safety, and the environment. Serious violations include, but are not limited to: (i) Improper well construction; (ii) Intentional and improper location or siting of a well; (iii) Construction of a well without a required permit; (iv) Violation of decommissioning requirements; (v) Repeated minor violations; or (vi) Construction of a well by a person whose license has expired or has been suspended for not more than ninety days. (c) A major violation is the construction of a well by a person: (i) Without a license; or (ii) After the person’s license has been suspended for more than ninety days or revoked. (3)(a) The penalty for a minor violation shall be not less than one hundred dollars and not more than five hundred dollars. Before the imposition of a penalty for a minor violation, the department may issue an order of noncompliance to provide an opportunity for mitigation or compliance. (b) The penalty for a serious violation shall be not less than five hundred dollars and not more than five thousand dollars. (c) The penalty for a major violation shall be not less than five thousand dollars and not more than ten thousand dollars. (4) In determining the appropriate penalty under subsection (3) of this section the department shall consider whether the person: (a) Has demonstrated a general disregard for public health and safety through the number and magnitude of the violations; (b) Has demonstrated a disregard for the well construction laws or rules in repeated or continuous violations; or (c) Knew or reasonably should have known of circumstances that resulted in the violation. (5) Penalties provided for in this section shall be imposed pursuant to RCW 43.21B.300. The department shall provide thirty days written notice of a violation as provided in RCW 43.21B.300(3). (6) For informational purposes, a copy of the notice of violation, resulting from the improper construction of a well, that is sent to a water well contractor or water well construction operator, shall also be sent by the department to the well owner. (7) Penalties collected by the department pursuant to this section shall be deposited in the reclamation account established by chapter 89.16 RCW. Subject to legislative appropri(2008 Ed.) Water Well Construction ation, the penalties may be spent only for purposes related to the restoration and enhancement of groundwater resources in the state. [1995 c 403 § 628; 1993 c 387 § 21; 1987 c 394 § 1.] Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328. Part headings not law—Severability—1995 c 403: See RCW 43.05.903 and 43.05.904. 18.104.160 Criminal penalties—Prosecutions. Any person who shall violate any provision of this chapter, shall be guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not more than two hundred fifty dollars, or imprisonment in a county jail for a term not to exceed thirty days, or both. Criminal prosecutions for violations of this chapter shall be prosecuted by the prosecuting attorney in the county in which the violation occurred. [1971 ex.s. c 212 § 16.] 18.104.160 18.104.170 Remedies cumulative. The remedies provided for in this chapter shall be cumulative and nothing herein shall alter, abridge or foreclose alternative actions at common law or in equity or under statutory law, civil or criminal. [1971 ex.s. c 212 § 17.] 18.104.170 18.104.180 Exemptions. No license under this chapter shall be required of: (1) Any individual who personally constructs a well on land which is owned or leased by the individual or in which the individual has a beneficial interest as a contract purchaser and is used by the individual for farm or single-family residential use only. An individual who constructs a well without a license pursuant to this subsection shall comply with all other requirements of this chapter and rules adopted by the department, including but not limited to, well construction standards, payment of well construction fees, and notification of well construction required by RCW 18.104.048. An individual without a license may construct not more than one well every two years pursuant to the provisions of this subsection. (2) An individual who performs labor or services for a well contractor in connection with the construction of a well at the direction and under the supervision and control of a licensed operator who is present at the construction site. (3) A person licensed under the provisions of chapter 18.08 or 18.43 RCW if in the performance of duties covered by those licenses. [1993 c 387 § 24; 1971 ex.s. c 212 § 18.] 18.104.180 18.104.190 Technical advisory group. (1) For the purpose of carrying out the provisions of this chapter, the director shall appoint a technical advisory group, chaired by the department. The technical advisory group shall have twelve members: Two members shall represent the department of ecology, six members shall represent resource protection well contractors or water well contractors, one member shall represent the department of health and be a person who regularly works on issues related to drinking water wells, one member shall represent local health departments and be a person who regularly works on issues related to drinking water wells, one member shall represent licensed professional engineers and be knowledgeable about the design and construc18.104.190 (2008 Ed.) 18.104.920 tion of wells, and one member shall be a licensed hydrogeologist knowledgeable about the design and construction of wells. (2) The technical advisory group shall assist the department in the development and revision of rules; the preparation and revision of licensing examinations; the development of training criteria for inspectors, well contractors, and well operators; the establishment of continuing education providers; the development of evaluation procedures of all continuing education offerings; and the review of proposed changes to the minimum standards for construction and maintenance of wells by local governments for the purpose of achieving continuity with technology and state rules. (3) The group shall meet at least twice each year to review rules and suggest any necessary changes. (4) Each member of the group shall be compensated in accordance with RCW 43.03.240 and reimbursed for travel expenses while engaged in the business of the group as prescribed in RCW 43.03.050 and 43.03.060. [2005 c 84 § 8; 1993 c 387 § 25.] 18.104.200 Continuing education. (1) A person seeking a new license or to renew an existing license under this chapter must demonstrate a willingness to maintain a high level of professional competency by completing continuing education programs as required by the department by rule. The department shall not approve any continuing education program unless: (a) It is offered by an approved provider; (b) it is open to all persons licensed or pursuing a license under this chapter; and (c) the fees charged are reasonable for all persons desiring to attend the program. (2) The department, in consultation with the technical advisory group created in RCW 18.104.190, shall adopt rules governing continuing education programs. At a minimum, the rules must establish: A method of approving providers of continuing education; a criteria to evaluate the offerings, workshops, courses, classes, or programs; a criteria for assigning credits; and a criteria for reporting and verifying completion. (3) The department shall support approved providers by providing, upon request and at the department’s discretion, technical assistance and presenters for continuing education offerings. (4) The department shall maintain a current list of all continuing education offerings by approved providers and ensure that the list is available to all licensees by request. The list must also be posted on the department’s web site. [2005 c 84 § 6.] 18.104.200 18.104.900 Short title. This chapter shall be known and may be cited as the "Washington well construction act." [1993 c 387 § 26; 1971 ex.s. c 212 § 19.] 18.104.900 18.104.910 Effective date—1971 ex.s. c 212. This act shall take effect on July 1, 1971. [1971 ex.s. c 212 § 20.] 18.104.910 18.104.920 Severability—1971 ex.s. c 212. If any provision of the act, or its application to any person or circumstance is held invalid, the remainder of this act, or the appli18.104.920 [Title 18 RCW—page 289] 18.104.930 Title 18 RCW: Businesses and Professions cation of the provision to other persons or circumstances is not affected. [1971 ex.s. c 212 § 21.] 18.104.930 Effective date—1993 c 387. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993. [1993 c 387 § 29.] 18.104.930 Chapter 18.106 Chapter 18.106 RCW PLUMBERS Sections 18.106.010 18.106.020 18.106.030 18.106.040 18.106.050 18.106.070 18.106.075 18.106.080 18.106.090 18.106.100 18.106.110 18.106.125 18.106.130 18.106.140 18.106.150 18.106.155 18.106.170 18.106.180 18.106.190 18.106.200 18.106.210 18.106.220 18.106.230 18.106.240 18.106.250 18.106.270 18.106.280 18.106.290 18.106.300 18.106.310 18.106.320 Definitions. Certificate or permit required—Written warning, penalty— Trainee supervision required—Medical gas piping installer endorsement—Penalty—Notice of infraction. Application for certificate of competency—Medical gas piping installer endorsement—Evidence required. Examinations—Eligibility requirements—Determination. Examinations—Scope—Results—Retaking. Certificates of competency, installer endorsement—Issuance—Renewal—Rights of holder—Training certificates— Supervision—Training, certified plumber. Medical gas piping installer endorsement. Persons engaged in plumbing business or trade on effective date. Temporary permits. Revocation of certificate of competency—Grounds—Procedure. Advisory board of plumbers. Fees. Plumbing certificate fund. Powers and duties of director. Exemptions. Reciprocity. Violations—Investigations—Evidence of compliance. Notice of infraction—Issuance, service. Notice—Contents. Notice—Hearing—Contest—Notice of appeal. Notice—Determination infraction committed. Notice—Penalty payment—Filing answer of protest—Failure to respond or appear. Notice—Failure to respond—Misdemeanor. Representation by attorney—Department represented by attorney general. Infraction—Cases—Administrative Procedure Act—Burden of proof—Order—Appeal. Infraction—Monetary penalties—Rules. Pilot project—Enforcement of chapter—Reimbursement fee. Certificate or permit suspension—Nonpayment or default on educational loan or scholarship. Certificate suspension—Noncompliance with support order— Reissuance. Backflow assembly testers—Specialty plumber’s certificate of competency. Contractor’s duties—Records audit—Department’s rule-making authority—Penalty. 18.106.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Advisory board" means the state advisory board of plumbers. (2) "Contractor" means any person, corporate or otherwise, who engages in, or offers or advertises to engage in, any work covered by the provisions of this chapter by way of trade or business, or any person, corporate or otherwise, who employs anyone, or offers or advertises to employ anyone, to engage in any work covered by the provisions of this chapter. (3) "Department" means the department of labor and industries. 18.106.010 [Title 18 RCW—page 290] (4) "Director" means the director of department of labor and industries. (5) "Journeyman plumber" means any person who has been issued a certificate of competency by the department of labor and industries as provided in this chapter. (6) "Like-in-kind" means having similar characteristics such as plumbing size, type, and function, and being in the same location. (7) "Medical gas piping" means oxygen, nitrous oxide, high pressure nitrogen, medical compressed air, and medical vacuum systems. (8) "Medical gas piping installer" means a journeyman plumber who has been issued a medical gas piping installer endorsement. (9) "Plumbing" means that craft involved in installing, altering, repairing and renovating potable water systems, liquid waste systems, and medical gas piping systems within a building. Installation in a water system of water softening or water treatment equipment is not within the meaning of plumbing as used in this chapter. (10) "Specialty plumber" means anyone who has been issued a specialty certificate of competency limited to: (a) Installation, maintenance, and repair of the plumbing of single-family dwellings, duplexes, and apartment buildings that do not exceed three stories; (b) Maintenance and repair of backflow prevention assemblies; or (c) A domestic water pumping system consisting of the installation, maintenance, and repair of the pressurization, treatment, and filtration components of a domestic water system consisting of: One or more pumps; pressure, storage, and other tanks; filtration and treatment equipment; if appropriate, a pitless adapter; along with valves, transducers, and other plumbing components that: (i) Are used to acquire, treat, store, or move water suitable for either drinking or other domestic purposes, including irrigation, to: (A) A single-family dwelling, duplex, or other similar place of residence; (B) a public water system, as defined in RCW 70.119.020 and as limited under RCW 70.119.040; or (C) a farm owned and operated by a person whose primary residence is located within thirty miles of any part of the farm; (ii) Are located within the interior space, including but not limited to an attic, basement, crawl space, or garage, of a residential structure, which space is separated from the living area of the residence by a lockable entrance and fixed walls, ceiling, or floor; (iii) If located within the interior space of a residential structure, are connected to a plumbing distribution system supplied and installed into the interior space by either: (A) A person who, pursuant to RCW 18.106.070 or 18.106.090, possesses a valid temporary permit or certificate of competency as a journeyman plumber, specialty plumber, or trainee, as defined in this chapter; or (B) a person exempt from the requirement to obtain a certified plumber to do such plumbing work under RCW 18.106.150. [2006 c 185 § 1; 2003 c 399 § 102; 2002 c 82 § 1; 2001 c 281 § 1; 1997 c 326 § 2; 1995 c 282 § 2; 1983 c 124 § 1; 1977 ex.s. c 149 § 1; 1975 1st ex.s. c 71 § 1; 1973 1st ex.s. c 175 § 1.] Part headings not law—2003 c 399: See note following RCW 19.28.006. (2008 Ed.) Plumbers 18.106.040 Effective date—1997 c 326: "This act takes effect July 1, 1998." [1997 c 326 § 7.] Effective date—1983 c 124: "Sections 4 through 16 of this act shall take effect on January 1, 1984." [1983 c 124 § 21.] 18.106.020 Certificate or permit required—Written warning, penalty—Trainee supervision required—Medical gas piping installer endorsement—Penalty—Notice of infraction. (1) No person may engage in or offer to engage in the trade of plumbing without having a journeyman certificate, specialty certificate, temporary permit, or trainee certificate. A trainee must be supervised by a person who has a journeyman certificate, specialty certificate, or temporary permit, as specified in RCW 18.106.070. No contractor may employ a person to engage in or offer to engage in the trade of plumbing unless the person employed has a journeyman certificate, specialty certificate, temporary permit, or trainee certificate. This section does not apply to a contractor who is contracting for work on his or her own residence. Until July 1, 2007, the department shall issue a written warning to any specialty plumber defined by RCW 18.106.010(10)(c) not having a valid plumber certification. The warning will state that the individual must apply for a plumber training certificate or be qualified for and apply for plumber certification under the requirements in RCW 18.106.040 within thirty calendar days of the warning. Only one warning will be issued to any individual. If the individual fails to comply with this section, the department shall issue a penalty or penalties as authorized by this chapter. (2) No person may engage in or offer to engage in medical gas piping installation without having a certificate of competency as a journeyman plumber and a medical gas piping installer endorsement. A trainee may engage in medical gas piping installation if he or she has a training certificate and is supervised by a person with a medical gas piping installer endorsement. No contractor may employ a person to engage in or offer to engage in medical gas piping installation unless the person employed has a certificate of competency as a journeyman plumber and a medical gas piping installer endorsement. (3) No contractor may advertise, offer to do work, submit a bid, or perform any work under this chapter without being registered as a contractor under chapter 18.27 RCW. (4) Violation of this section is an infraction. Each day in which a person engages in the trade of plumbing in violation of this section or employs a person in violation of this section is a separate infraction. Each worksite at which a person engages in the trade of plumbing in violation of this section or at which a person is employed in violation of this section is a separate infraction. (5) Notices of infractions for violations of this section may be issued to: (a) The person engaging in or offering to engage in the trade of plumbing in violation of this section; (b) The contractor in violation of this section; and (c) The contractor’s employee who authorized the work assignment of the person employed in violation of this section. [2006 c 185 § 11; 2002 c 82 § 2; 1997 c 326 § 3; 1994 c 174 § 2; 1983 c 124 § 4; 1977 ex.s. c 149 § 2; 1975 1st ex.s. c 71 § 2; 1973 1st ex.s. c 175 § 2.] 18.106.030 Application for certificate of competency—Medical gas piping installer endorsement—Evidence required. Any person desiring to be issued a certificate of competency as provided in this chapter shall deliver evidence in a form prescribed by the department affirming that said person has had sufficient experience in as well as demonstrated general competency in the trade of plumbing or specialty plumbing so as to qualify him to make an application for a certificate of competency as a journeyman plumber or specialty plumber. Completion of a course of study in the plumbing trade in the armed services of the United States or at a school accredited by the workforce training and education coordinating board shall constitute sufficient evidence of experience and competency to enable such person to make application for a certificate of competency. Any person desiring to be issued a medical gas piping installer endorsement shall deliver evidence in a form prescribed by the department affirming that the person has met the requirements established by the department for a medical gas piping installer endorsement. In addition to supplying the evidence as prescribed in this section, each applicant for a certificate of competency shall submit an application for such certificate on such form and in such manner as shall be prescribed by the director of the department. [1997 c 326 § 4; 1977 ex.s. c 149 § 3; 1973 1st ex.s. c 175 § 3.] 18.106.020 Effective date—1997 c 326: See note following RCW 18.106.010. Effective date—1994 c 174: "This act shall take effect July 1, 1994." [1994 c 174 § 10.] (2008 Ed.) 18.106.030 Effective date—1997 c 326: See note following RCW 18.106.010. 18.106.040 Examinations—Eligibility requirements—Determination. (1) Upon receipt of the application and evidence set forth in RCW 18.106.030, the director shall review the same and make a determination as to whether the applicant is eligible to take an examination for the certificate of competency. To be eligible to take the examination: (a) Each applicant for a journeyman plumber’s certificate of competency shall furnish written evidence that he or she has completed a course of study in the plumbing trade in the armed services of the United States or at a school licensed by the workforce training and education coordinating board, or has had four or more years of experience under the direct supervision of a licensed journeyman plumber. (b) Each applicant for a specialty plumber’s certificate of competency under RCW 18.106.010(10)(a) shall furnish written evidence that he or she has completed a course of study in the plumbing trade in the armed services of the United States or at a school licensed by the workforce training and education coordinating board under chapter 28C.10 RCW, or that he or she has had at least three years practical experience in the specialty. (c) Each applicant for a specialty plumber’s certificate of competency under RCW 18.106.010(10) (b) or (c) shall furnish written evidence that he or she is eligible to take the examination. These eligibility requirements for the specialty plumbers defined by RCW 18.106.010(10)(c) shall be one year of practical experience working on pumping systems not exceeding one hundred gallons per minute, and two years of practical experience working on pumping systems exceeding one hundred gallons per minute, or equivalent as determined 18.106.040 [Title 18 RCW—page 291] 18.106.050 Title 18 RCW: Businesses and Professions by rule by the department in consultation with the advisory board, and that experience may be obtained at the same time the individual is meeting the experience required by RCW 19.28.191. The eligibility requirements for other specialty plumbers shall be established by rule by the director pursuant to subsection (2)(b) of this section. (2)(a) The director shall establish reasonable rules for the examinations to be given applicants for certificates of competency. In establishing the rules, the director shall consult with the state advisory board of plumbers as established in RCW 18.106.110. (b) The director shall establish reasonable criteria by rule for determining an applicant’s eligibility to take an examination for the certificate of competency for specialty plumbers under subsection (1)(c) of this section. In establishing the criteria, the director shall consult with the state advisory board of plumbers as established in RCW 18.106.110. These rules must take effect by December 31, 2006. (3) Upon determination that the applicant is eligible to take the examination, the director shall so notify the applicant, indicating the time and place for taking the same. (4) No other requirement for eligibility may be imposed. [2006 c 185 § 2; 2001 c 281 § 2; 1977 ex.s. c 149 § 4; 1975 1st ex.s. c 71 § 3; 1973 1st ex.s. c 175 § 4.] 18.106.050 Examinations—Scope—Results—Retaking. (1) The department, with the advice of the advisory board, shall prepare a written examination to be administered to applicants for certificates of competency for journeyman plumber and specialty plumber. The examination shall be constructed to determine: (a) Whether the applicant possesses varied general knowledge of the technical information and practical procedures that are identified with the trade of journeyman plumber or specialty plumber; and (b) Whether the applicant is familiar with the applicable plumbing codes and the administrative rules of the department pertaining to plumbing and plumbers. (2) The department, with the consent of the advisory board, may enter into a contract with a nationally recognized testing agency to develop, administer, and score any examinations required by this chapter. All applicants shall, before taking an examination, pay the required examination fee. The department shall set the examination fee by contract with a nationally recognized testing agency. The fee shall cover but not exceed the costs of preparing and administering the examination and the materials necessary to conduct the practical elements of the examination. The department shall approve training courses and set the fees for training courses for examinations provided by this chapter. (3) An examination to determine the competency of an applicant for a domestic water pumping system specialty plumbing certificate as defined by RCW 18.106.010(10)(c) must be established by the department in consultation with the advisory board by December 31, 2006. The department may include an examination for appropriate electrical safety and technical requirements as required by RCW 19.28.191 with the examination required by this section. The department, in consultation with the advisory board, may accept the certification by a professional or trade association or other acceptable entity as meeting the examination requirement of 18.106.050 [Title 18 RCW—page 292] this section. Individuals who can provide evidence to the department prior to January 1, 2007, that they have been employed in the pump and irrigation business as defined by RCW 18.106.010(10)(c) for not less than four thousand hours in the most recent four calendar years shall be issued the appropriate certificate by the department upon receiving such documentation and applicable fees. The department shall establish a single document for those who have received both the plumbing specialty certification defined by this subsection and have also met the certification requirements for a pump and irrigation or domestic pump specialty electrician, showing that the individual has received both certifications. (4) The department shall certify the results of the examinations provided by this chapter, and shall notify the applicant in writing whether he or she has passed or failed. Any applicant who has failed the examination may retake the examination, upon the terms and after a period of time that the director shall set by rule. The director may not limit the number of times that a person may take the examination. [2006 c 185 § 3; 1997 c 326 § 5; 1983 c 124 § 2; 1977 ex.s. c 149 § 5; 1973 1st ex.s. c 175 § 5.] Effective date—1997 c 326: See note following RCW 18.106.010. 18.106.070 18.106.070 Certificates of competency, installer endorsement—Issuance—Renewal—Rights of holder— Training certificates—Supervision—Training, certified plumber. (1) The department shall issue a certificate of competency to all applicants who have passed the examination and have paid the fee for the certificate. The certificate shall bear the date of issuance, and shall expire on the birthdate of the holder immediately following the date of issuance. The certificate shall be renewable every other year, upon application, on or before the birthdate of the holder, except for specialty plumbers defined by RCW 18.106.010(10)(c) who also have an electrical certification issued jointly as provided by RCW 18.106.050(3) in which case their certificate shall be renewable every three years on or before the birthdate of the holder. The department shall renew a certificate of competency if the applicant: (a) Pays the renewal fee assessed by the department; and (b) during the past two years has completed sixteen hours of continuing education approved by the department with the advice of the advisory board, including four hours related to electrical safety. For holders of the specialty plumber certificate under RCW 18.106.010(10)(c), the continuing education may comprise both electrical and plumbing education with a minimum of twelve of the required twenty-four hours of continuing education in plumbing. If a person fails to renew the certificate by the renewal date, he or she must pay a doubled fee. If the person does not renew the certificate within ninety days of the renewal date, he or she must retake the examination and pay the examination fee. The journeyman plumber and specialty plumber certificates of competency, the medical gas piping installer endorsement, and the temporary permit provided for in this chapter grant the holder the right to engage in the work of plumbing as a journeyman plumber, specialty plumber, or medical gas piping installer, in accordance with their provisions throughout the state and within any of its political subdivisions on any job or any employment without additional (2008 Ed.) Plumbers proof of competency or any other license or permit or fee to engage in the work. This section does not preclude employees from adhering to a union security clause in any employment where such a requirement exists. (2) A person who is indentured in an apprenticeship program approved under chapter 49.04 RCW for the plumbing construction trade or who is learning the plumbing construction trade may work in the plumbing construction trade if supervised by a certified journeyman plumber or a certified specialty plumber in that plumber’s specialty. All apprentices and individuals learning the plumbing construction trade shall obtain a plumbing training certificate from the department. The certificate shall authorize the holder to learn the plumbing construction trade while under the direct supervision of a journeyman plumber or a specialty plumber working in his or her specialty. The holder of the plumbing training certificate shall renew the certificate annually. At the time of renewal, the holder shall provide the department with an accurate list of the holder’s employers in the plumbing construction industry for the previous year and the number of hours worked for each employer. An annual fee shall be charged for the issuance or renewal of the certificate. The department shall set the fee by rule. The fee shall cover but not exceed the cost of administering and enforcing the trainee certification and supervision requirements of this chapter. Apprentices and individuals learning the plumbing construction trade shall have their plumbing training certificates in their possession at all times that they are performing plumbing work. They shall show their certificates to an authorized representative of the department at the representative’s request. (3) Any person who has been issued a plumbing training certificate under this chapter may work if that person is under supervision. Supervision shall consist of a person being on the same job site and under the control of either a journeyman plumber or an appropriate specialty plumber who has an applicable certificate of competency issued under this chapter. Either a journeyman plumber or an appropriate specialty plumber shall be on the same job site as the noncertified individual for a minimum of seventy-five percent of each working day unless otherwise provided in this chapter. The ratio of noncertified individuals to certified journeymen or specialty plumbers working on a job site shall be: (a) Not more than two noncertified plumbers working on any one job site for every certified specialty plumber or journeyman plumber working as a specialty plumber; and (b) not more than one noncertified plumber working on any one job site for every certified journeyman plumber working as a journeyman plumber. An individual who has a current training certificate and who has successfully completed or is currently enrolled in an approved apprenticeship program or in a technical school program in the plumbing construction trade in a school approved by the workforce training and education coordinating board, may work without direct on-site supervision during the last six months of meeting the practical experience requirements of this chapter. (4) An individual who has a current training certificate and who has successfully completed or is currently enrolled in a medical gas piping installer training course approved by the department may work on medical gas piping systems if (2008 Ed.) 18.106.090 the individual is under the direct supervision of a certified medical gas piping installer who holds a medical gas piping installer endorsement one hundred percent of a working day on a one-to-one ratio. (5) The training to become a certified plumber must include not less than sixteen hours of classroom training established by the director with the advice of the advisory board. The classroom training must include, but not be limited to, electrical wiring safety, grounding, bonding, and other related items plumbers need to know to work under RCW 19.28.091. (6) All persons who are certified plumbers before January 1, 2003, are deemed to have received the classroom training required in subsection (5) of this section. [2006 c 185 § 10; 2003 c 399 § 801; 1997 c 326 § 6; 1985 c 465 § 1; 1983 c 124 § 3; 1977 ex.s. c 149 § 7; 1973 1st ex.s. c 175 § 7.] Part headings not law—2003 c 399: See note following RCW 19.28.006. Effective date—1997 c 326: See note following RCW 18.106.010. 18.106.075 Medical gas piping installer endorsement. The department shall adopt requirements that qualify a journeyman plumber to be issued a medical gas piping installer endorsement. [1997 c 326 § 1.] 18.106.075 Effective date—1997 c 326: See note following RCW 18.106.010. 18.106.080 Persons engaged in plumbing business or trade on effective date. No examination shall be required of any applicant for a certificate of competency who, on July 16, 1973, was engaged in a bona fide business or trade of plumbing, or on said date held a valid journeyman plumber’s license issued by a political subdivision of the state of Washington and whose license is valid at the time of making his application for said certificate. Applicants qualifying under this section shall be issued a certificate by the department upon making an application as provided in RCW 18.106.030 and paying the fee required under RCW 18.106.050: PROVIDED, That no applicant under this section shall be required to furnish such evidence as required by RCW 18.106.030. [1973 1st ex.s. c 175 § 8.] 18.106.080 18.106.090 Temporary permits. The department is authorized to grant and issue temporary permits in lieu of certificates of competency whenever a plumber coming into the state of Washington from another state requests the department for a temporary permit to engage in the trade of plumbing as a journeyman plumber or as a specialty plumber during the period of time between filing of an application for a certificate as provided in RCW 18.106.030 as now or hereafter amended and taking the examination provided for in RCW 18.106.050: PROVIDED, That no temporary permit shall be issued to: (1) Any person who has failed to pass the examination for a certificate of competency; (2) Any applicant under this section who has not furnished the department with such evidence required under RCW 18.106.030; (3) To any apprentice plumber. [1985 c 7 § 78; 1977 ex.s. c 149 § 8; 1973 1st ex.s. c 175 § 9.] 18.106.090 [Title 18 RCW—page 293] 18.106.100 Title 18 RCW: Businesses and Professions 18.106.100 Revocation of certificate of competency— Grounds—Procedure. (1) The department may revoke or suspend a certificate of competency for any of the following reasons: (a) The certificate was obtained through error or fraud; (b) The certificate holder is judged to be incompetent to carry on the trade of plumbing as a journeyman plumber or specialty plumber; (c) The certificate holder has violated any provision of this chapter or any rule adopted under this chapter. (2) Before a certificate of competency is revoked or suspended, the department shall send written notice by registered mail with return receipt requested to the certificate holder’s last known address. The notice must list the allegations against the certificate holder and give him or her the opportunity to request a hearing before the advisory board. At the hearing, the department and the certificate holder have opportunity to produce witnesses and give testimony. The hearing must be conducted in accordance with chapter 34.05 RCW. The board shall render its decision based upon the testimony and evidence presented and shall notify the parties immediately upon reaching its decision. A majority of the board is necessary to render a decision. (3) The department may deny renewal of a certificate of competency issued under this chapter if the applicant owes outstanding penalties for a final judgment under this chapter. The department shall notify the applicant of the denial by registered mail, return receipt requested, to the address on the application. The applicant may appeal the denial within twenty days by filing a notice of appeal with the department accompanied by a certified check for two hundred dollars which shall be returned to the applicant if the decision of the department is not upheld by the hearings officer. The office of administrative hearings shall conduct the hearing under chapter 34.05 RCW. If the hearings officer sustains the decision of the department, the two hundred dollars must be applied to the cost of the hearing. [1996 c 147 § 3; 1977 ex.s. c 149 § 9; 1973 1st ex.s. c 175 § 10.] 18.106.100 18.106.110 Advisory board of plumbers. (1) There is created a state advisory board of plumbers, to be composed of seven members appointed by the governor. Two members shall be journeyman plumbers, one member shall be a specialty plumber, three members shall be persons conducting a plumbing business, at least one of which shall be primarily engaged in a specialty plumbing business, and one member from the general public who is familiar with the business and trade of plumbing. (2) The term of one journeyman plumber expires July 1, 1995; the term of the second journeyman plumber expires July 1, 2000; the term of the specialty plumber expires July 1, 2008; the term of one person conducting a plumbing business expires July 1, 1996; the term of the second person conducting a plumbing business expires July 1, 2000; the term of the third person conducting a plumbing business expires July 1, 2007; and the term of the public member expires July 1, 1997. Thereafter, upon the expiration of said terms, the governor shall appoint a new member to serve for a period of three years. However, to ensure that the board can continue to act, a member whose term expires shall continue to serve until his or her replacement is appointed. In the case of any 18.106.110 [Title 18 RCW—page 294] vacancy on the board for any reason, the governor shall appoint a new member to serve out the term of the person whose position has become vacant. (3) The advisory board shall carry out all the functions and duties enumerated in this chapter, as well as generally advise the department on all matters relative to this chapter. (4) Each member of the advisory board shall receive travel expenses in accordance with the provisions of RCW 43.03.050 and 43.03.060 as now existing or hereafter amended for each day in which such member is actually engaged in attendance upon the meetings of the advisory board. [2006 c 185 § 4; 1997 c 307 § 1; 1995 c 95 § 1; 1975’76 2nd ex.s. c 34 § 56; 1973 1st ex.s. c 175 § 11.] Effective date—1995 c 95: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 18, 1995]." [1995 c 95 § 2.] Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. 18.106.125 Fees. The department shall charge fees for issuance, renewal, and reinstatement of all certificates and permits and for examinations required by this chapter. The department shall set the fees by rule. The fees shall cover the full cost of issuing the certificates and permits, devising and administering the examinations, and administering and enforcing this chapter. The costs shall include travel, per diem, and administrative support costs. [1983 c 124 § 17.] 18.106.125 18.106.130 Plumbing certificate fund. All moneys received from certificates, permits, or other sources, shall be paid to the state treasurer as ex officio custodian thereof and by him placed in a special fund designated as the "plumbing certificate fund". He shall pay out upon vouchers duly and regularly issued therefor and approved by the director. The treasurer shall keep an accurate record of payments into said fund, and of all disbursement therefrom. Said fund shall be charged with its pro rata share of the cost of administering said fund. [1973 1st ex.s. c 175 § 13.] 18.106.130 18.106.140 Powers and duties of director. The director may promulgate rules, make specific decisions, orders, and rulings, including therein demands and findings, and take other necessary action for the implementation and enforcement of his duties under this chapter: PROVIDED, That in the administration of this chapter the director shall not enter any controversy arising over work assignments with respect to the trades involved in the construction industry. [1973 1st ex.s. c 175 § 14.] 18.106.140 18.106.150 Exemptions. (1) Nothing in this chapter shall be construed to require that a person obtain a license or a certified plumber in order to do plumbing work at his or her residence or farm or place of business or on other property owned by him or her. (2) A current certificate of competency or apprentice permit is not required for: (a) Persons performing plumbing work on a farm; or (b) Certified journeyman electricians, certified residential specialty electricians, or electrical trainees working for an 18.106.150 (2008 Ed.) Plumbers electrical contractor and performing exempt work under RCW 18.27.090(18). (3) Nothing in this chapter shall be intended to derogate from or dispense with the requirements of any valid plumbing code enacted by a political subdivision of the state, except that no code shall require the holder of a certificate of competency to demonstrate any additional proof of competency or obtain any other license or pay any fee in order to engage in the trade of plumbing. (4) This chapter shall not apply to common carriers subject to Part I of the Interstate Commerce Act, nor to their officers and employees. (5) Nothing in this chapter shall be construed to apply to any farm, business, industrial plant, or corporation doing plumbing work on premises it owns or operates. (6) Nothing in this chapter shall be construed to restrict the right of any householder to assist or receive assistance from a friend, neighbor, relative or other person when none of the individuals doing such plumbing hold themselves out as engaged in the trade or business of plumbing. [2003 c 399 § 402; 1973 1st ex.s. c 175 § 15.] Part headings not law—2003 c 399: See note following RCW 19.28.006. 18.106.155 18.106.155 Reciprocity. The director may, upon payment of the appropriate fees, grant a certificate of competency without examination to any applicant who is a registered journeyman plumber or specialty plumber in any other state whose requirements for registration are at least substantially equivalent to the requirements of this state, and which extends the same privileges of reciprocity to journeymen plumbers or specialty plumbers registered in this state. [1977 ex.s. c 149 § 11.] 18.106.170 18.106.170 Violations—Investigations—Evidence of compliance. An authorized representative of the department may investigate alleged or apparent violations of this chapter. An authorized representative of the department upon presentation of credentials may inspect sites at which a person is doing plumbing work for the purpose of determining whether that person has a certificate or permit issued by the department in accordance with this chapter or is supervised by a person who has such a certificate or permit. Upon request of the authorized representative of the department, a person doing plumbing work shall produce evidence that the person has a certificate or permit issued by the department in accordance with this chapter or is supervised by a person who has such a certificate or permit. [1983 c 124 § 6.] Effective date—1983 c 124: See note following RCW 18.106.020. 18.106.180 18.106.180 Notice of infraction—Issuance, service. (1) An authorized representative of the department may issue a notice of infraction as specified in RCW 18.106.020 if: (a) A person who is doing plumbing work or who is offering to do plumbing work fails to produce evidence of: (i) Having a certificate or permit issued by the department in accordance with this chapter, or being supervised by a person who has such a certificate or permit; and (2008 Ed.) 18.106.200 (ii) Being registered as a contractor as required under chapter 18.27 RCW or this chapter, or being employed by a person who is registered as a contractor; (b) A person who employs anyone, or offers or advertises to employ anyone, to do plumbing work fails to produce evidence of being registered as a contractor as required under chapter 18.27 RCW or this chapter; or (c) A contractor violates RCW 18.106.320. (2) A notice of infraction issued under this section shall be personally served on the person named in the notice by an authorized representative of the department or sent by certified mail to the last known address provided to the department of the person named in the notice. [2002 c 82 § 3; 2000 c 171 § 27; 1996 c 147 § 4; 1994 c 174 § 3; 1983 c 124 § 7.] Effective date—1994 c 174: See note following RCW 18.106.020. Effective date—1983 c 124: See note following RCW 18.106.020. 18.106.190 Notice—Contents. The form of the notice of infraction issued under this chapter shall include the following: (1) A statement that the notice represents a determination that the infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this chapter; (2) A statement that the infraction is a noncriminal offense for which imprisonment shall not be imposed as a sanction; (3) A statement of the specific infraction for which the notice was issued; (4) A statement of the monetary penalty that has been established for the infraction; (5) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options; (6) A statement that at any hearing to contest the determination the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and that the person may subpoena witnesses, including the authorized representative of the department who issued and served the notice of infraction; and (7) A statement that the person must respond to the notice of infraction in one of the ways provided in this chapter. A statement that failure to timely select one of the options for responding to the notice of civil infraction after receiving a statement of the options provided in this chapter for responding to the notice of infraction and the procedures necessary to exercise these options is a misdemeanor and may be punished by a fine or imprisonment in jail. [2006 c 270 § 9; 1994 c 174 § 4; 1983 c 124 § 9.] 18.106.190 Effective date—1994 c 174: See note following RCW 18.106.020. Effective date—1983 c 124: See note following RCW 18.106.020. 18.106.200 Notice—Hearing—Contest—Notice of appeal. A violation designated as an infraction under this chapter shall be heard and determined by an administrative law judge of the office of administrative hearings. If a party desires to contest the notice of infraction, the party shall file a notice of appeal with the department within twenty days of issuance of the infraction. The administrative law judge shall 18.106.200 [Title 18 RCW—page 295] 18.106.210 Title 18 RCW: Businesses and Professions conduct hearings in these cases at locations in the county where the infraction is alleged to have occurred. [1996 c 147 § 5; 1994 c 174 § 5; 1983 c 124 § 8.] Effective date—1994 c 174: See note following RCW 18.106.020. Effective date—1983 c 124: See note following RCW 18.106.020. 18.106.210 Notice—Determination infraction committed. Unless contested in accordance with this chapter, the notice of infraction represents a determination that the person to whom the notice was issued committed the infraction. [1983 c 124 § 10.] 18.106.210 Effective date—1983 c 124: See note following RCW 18.106.020. 18.106.220 Notice—Penalty payment—Filing answer of protest—Failure to respond or appear. (1) A person who receives a notice of infraction shall respond to the notice as provided in this section within fourteen days of the date the notice was served. (2) If the person named in the notice of infraction does not wish to contest the notice of infraction, the person shall pay to the department, by check or money order, the amount of the penalty prescribed for the infraction. When a response which does not contest the determination is received by the department with the appropriate payment, the department shall make the appropriate entry in its records. (3) If the person named in the notice of infraction wishes to contest the notice of infraction, the person shall respond by filing an answer of protest with the department specifying the grounds of protest. (4) If any person issued a notice of infraction: (a) Fails to respond to the notice of infraction as provided in subsection (2) of this section; or (b) Fails to appear at a hearing requested pursuant to subsection (3) of this section; the administrative law judge shall enter an appropriate order assessing the monetary penalty prescribed for the infraction and shall notify the department of the failure to respond to the notice of infraction or to appear at a requested hearing. [1994 c 174 § 6; 1983 c 124 § 11.] 18.106.220 Effective date—1994 c 174: See note following RCW 18.106.020. Effective date—1983 c 124: See note following RCW 18.106.020. 18.106.230 Notice—Failure to respond—Misdemeanor. It is a misdemeanor for any person who has been personally served with a notice of infraction: (1) To refuse to sign a written promise to respond to the notice; or (2) To wilfully violate the written promise to respond to a notice of infraction as provided in this chapter, regardless of the ultimate disposition of the infraction. [1983 c 124 § 14.] 18.106.230 Effective date—1983 c 124: See note following RCW 18.106.020. 18.106.240 Representation by attorney—Department represented by attorney general. A person subject to proceedings under this chapter may appear or be represented by counsel. The department shall be represented by the attorney general in any proceeding under this chapter. [1983 c 124 § 12.] 18.106.240 Effective date—1983 c 124: See note following RCW 18.106.020. [Title 18 RCW—page 296] 18.106.250 Infraction—Cases—Administrative Procedure Act—Burden of proof—Order—Appeal. (1) The administrative law judge shall conduct notice of infraction cases under this chapter pursuant to chapter 34.05 RCW. (2) The burden of proof is on the department to establish the commission of the infraction by a preponderance of the evidence. The notice of infraction shall be dismissed if the defendant establishes that, at the time the notice was issued: (a) The defendant who was issued a notice of infraction authorized by RCW 18.106.020(5)(a) had a certificate or permit issued by the department in accordance with this chapter, was supervised by a person who has such a certificate or permit, or was ex em pt fro m this ch ap ter un der RCW 18.106.150; or (b) For the defendant who was issued a notice of infraction authorized by RCW 18.106.020(5) (b) or (c), the person employed or supervised by the defendant has a certificate or permit issued by the department in accordance with this chapter, was supervised by a person who had such a certificate or permit, was exempt from this chapter under RCW 18.106.150, or was registered as a contractor under chapter 18.27 RCW. (3) After consideration of the evidence and argument, the administrative law judge shall determine whether the infraction was committed. If it has not been established that the infraction was committed, an order dismissing the notice shall be entered in the record of the proceedings. If it has been established that the infraction was committed, the administrative law judge shall issue findings of fact and conclusions of law in its decision and order determining whether the infraction was committed. (4) An appeal from the administrative law judge’s determination or order shall be to the superior court. The decision of the superior court is subject only to discretionary review pursuant to Rule 2.3 of the Rules of Appellate Procedure. [2002 c 82 § 4; 2000 c 171 § 28; 1994 c 174 § 7; 1983 c 124 § 13.] 18.106.250 Effective date—1994 c 174: See note following RCW 18.106.020. Effective date—1983 c 124: See note following RCW 18.106.020. 18.106.270 Infraction—Monetary penalties—Rules. (1) A person found to have committed an infraction under RCW 18.106.020 shall be assessed a monetary penalty of two hundred fifty dollars for the first infraction, and not more than one thousand dollars for a second or subsequent infraction. The department shall set by rule a schedule of penalties for infractions imposed under this chapter. (2) The administrative law judge may waive, reduce, or suspend the monetary penalty imposed for the infraction for good cause shown. (3) Monetary penalties collected under this chapter shall be deposited in the plumbing certificate fund. [1994 c 174 § 8; 1983 c 124 § 16.] 18.106.270 Effective date—1994 c 174: See note following RCW 18.106.020. Effective date—1983 c 124: See note following RCW 18.106.020. 18.106.280 Pilot project—Enforcement of chapter— Reimbursement fee. The department of labor and industries may establish one pilot project in which the department will enter into an agreement with a city and the county within 18.106.280 (2008 Ed.) Massage Practitioners which the city is located regarding compliance inspections by the city or county to enforce this chapter. Under the terms of the agreement, the city and county shall be permitted to submit declarations of noncompliance to the department for the department’s enforcement under RCW 18.106.180, with reimbursement to the city or county at an established fee. The pilot project shall be located in eastern Washington. [1995 c 294 § 1; 1994 c 174 § 1.] Effective date—1994 c 174: See note following RCW 18.106.020. 18.106.290 Certificate or permit suspension—Nonpayment or default on educational loan or scholarship. The director shall suspend the certificate or permit of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person’s certificate or permit shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for certification or permits during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose. [1996 c 293 § 17.] 18.106.290 Severability—1996 c 293: See note following RCW 18.04.420. 18.106.300 Certificate suspension—Noncompliance with support order—Reissuance. The department shall immediately suspend any certificate of competency issued under this chapter if the holder of the certificate has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate of competency shall be automatic upon the department’s receipt of a release issued by the department of social and health services stating that the person is in compliance with the order. [1997 c 58 § 829.] 18.106.300 *Reviser’s note: 1997 c 58 § 887 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 18.106.310 Backflow assembly testers—Specialty plumber’s certificate of competency. (1) Those actively certified by the department of health on or before July 1, 2001, as backflow assembly testers and registered as a con18.106.310 (2008 Ed.) Chapter 18.108 tractor under chapter 18.27 RCW or employed by a registered contractor, may perform maintenance and repair of backflow prevention assemblies, without being a certified plumber under this chapter, until January 1, 2003. For the purposes of this section, "maintenance and repair" include cleaning and replacing internal parts of an assembly, but do not include installing or replacing backflow prevention assemblies. (2) After January 1, 2003, backflow assembly testers exempted under subsection (1) of this section are required to meet the eligibility requirements for a specialty plumber’s certificate of competency under RCW 18.106.040(1)(c). [2001 c 281 § 3.] 18.106.320 Contractor’s duties—Records audit— Department’s rule-making authority—Penalty. (1) Contractors shall accurately verify and attest to the trainee hours worked by plumbing trainees on behalf of the contractor and that all training hours were under the supervision of a certified plumber and within the proper ratio, and shall provide the supervising plumbers’ names and certificate numbers. However, contractors are not required to identify which hours a trainee works with a specific certified plumber. (2) The department may audit the records of a contractor that has verified the hours of experience submitted by a plumbing trainee to the department under RCW 18.106.030 in the following circumstances: Excessive hours were reported; hours were reported outside the normal course of the contractor’s business; or for other similar circumstances in which the department demonstrates a likelihood of excessive or improper hours being reported. The department shall limit the audit to records necessary to verify hours. The department shall adopt rules implementing audit procedures. Information obtained from a contractor under the provisions of this section is confidential and is not open to public inspection under chapter 42.56 RCW. (3) Violation of this section by a contractor is an infraction. [2005 c 274 § 229; 2002 c 82 § 5.] 18.106.320 Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. Chapter 18.108 Chapter 18.108 RCW MASSAGE PRACTITIONERS Sections 18.108.005 18.108.010 18.108.020 18.108.025 18.108.030 18.108.040 18.108.050 18.108.060 18.108.070 18.108.073 18.108.076 18.108.085 18.108.095 18.108.115 18.108.125 18.108.130 18.108.190 18.108.210 18.108.220 Intent—Health care insurance not affected. Definitions. Board of massage—Generally. Board powers and duties. License required. Advertising massage by unlicensed person unlawful. Exemptions. Applicant—License holder—Compliance with procedures, requirements, fees. Qualifications for license. Examination. Application of uniform disciplinary act. Powers and duties of secretary—Uniform Disciplinary Act— License revocation—Reinstatement. Out-of-state applicants. Persons licensed under prior law. Inactive credential—Reinstatement. Exemptions. Inspection of premises by law enforcement personnel. Authority of local political subdivisions. Federal classification. [Title 18 RCW—page 297] 18.108.005 18.108.230 18.108.240 18.108.250 18.108.900 18.108.901 18.108.902 Title 18 RCW: Businesses and Professions Animal massage practitioner—Endorsement—Training requirements—Rules. Chapter 277, Laws of 2002—Review/regulatory changes. Intraoral massage—Endorsement. Severability—1975 1st ex.s. c 280. Severability—1987 c 443. Savings—1987 c 443. Authority to regulate massage practitioners—Limitations: RCW 35.21.692, 35A.82.025, and 36.32.122. 18.108.005 Intent—Health care insurance not affected. The legislature finds it necessary to license the practice of massage and massage therapy in order to protect the public health and safety. It is the legislature’s intent that only individuals who meet and maintain minimum standards of competence and conduct may provide services to the public. This chapter shall not be construed to require or prohibit individual or group policies or contracts of an insurance carrier, health care service contractor, or health maintenance organization from providing benefits or coverage for services and supplies provided by a person licensed under this chapter. [1997 c 297 § 1; 1987 c 443 § 1.] 18.108.005 18.108.010 Definitions. In this chapter, unless the context otherwise requires, the following meanings shall apply: (1) "Board" means the Washington state board of massage. (2) "Massage" and "massage therapy" mean a health care service involving the external manipulation or pressure of soft tissue for therapeutic purposes. Massage therapy includes techniques such as tapping, compressions, friction, Swedish gymnastics or movements, gliding, kneading, shaking, and fascial or connective tissue stretching, with or without the aids of superficial heat, cold, water, lubricants, or salts. Massage therapy does not include diagnosis or attempts to adjust or manipulate any articulations of the body or spine or mobilization of these articulations by the use of a thrusting force, nor does it include genital manipulation. (3) "Massage practitioner" means an individual licensed under this chapter. (4) "Secretary" means the secretary of health or the secretary’s designee. (5) "Massage business" means the operation of a business where massages are given. (6) "Animal massage practitioner" means an individual with a license to practice massage therapy in this state with additional training in animal therapy. (7) "Intraoral massage" means the manipulation or pressure of soft tissue inside the mouth or oral cavity for therapeutic purposes. [2007 c 272 § 1; 2002 c 277 § 1; 2001 c 297 § 2; 1997 c 297 § 2; 1991 c 3 § 252; 1987 c 443 § 2; 1979 c 158 § 74; 1975 1st ex.s. c 280 § 1.] 18.108.010 Findings—Intent—2001 c 297: "The legislature finds that massage therapists have contributed significantly to the welfare of humans. The legislature also finds that massage therapists can have a significant positive impact on the well-being of animals, especially in the equine industry. It is the legislature’s intent to have the Washington state board of massage adopt rules under their current authority providing for an endorsement for currently licensed massage practitioners to perform animal massage upon completion of certain training courses." [2001 c 297 § 1.] 18.108.020 Board of massage—Generally. The Washington state board of massage is hereby created. The board shall consist of four members who shall be appointed 18.108.020 [Title 18 RCW—page 298] by the governor for a term of four years each. Members shall be residents of this state and shall have not less than three years experience in the practice of massage immediately preceding their appointment and shall be licensed under this chapter and actively engaged in the practice of massage during their incumbency. In addition to the members specified in this section, the governor shall appoint a consumer member of the board, who shall serve for a term of four years. The consumer member of the board shall be an individual who does not derive his or her livelihood by providing health care services or massage therapy and is not a licensed health professional. The consumer member shall not be an employee of the state nor a present or former member of another licensing board. In the event that a member cannot complete his or her term of office, another appointment shall be made by the governor in accordance with the procedures stated in this section to fill the remainder of the term. No member may serve more than two successive terms whether full or partial. The governor may remove any member of the board for neglect of duty, incompetence, or unprofessional or disorderly conduct as determined under chapter 18.130 RCW. Each member of the board shall be compensated in accordance with RCW 43.03.240. Members shall be reimbursed for travel expenses incurred in the actual performance of their duties, as provided in RCW 43.03.050 and 43.03.060. The board may annually elect a chairperson to direct the meetings of the board. The board shall meet as called by the chairperson or the secretary. Three members of the board shall constitute a quorum of the board. [1991 c 3 § 253; 1987 c 443 § 9. Prior: 1984 c 287 § 53; 1984 c 279 § 56; 1975-’76 2nd ex.s. c 34 § 57; 1975 1st ex.s. c 280 § 2.] Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. Severability—1984 c 279: See RCW 18.130.901. Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. 18.108.025 Board powers and duties. (Effective until July 1, 2009.) In addition to any other authority provided by law, the board may: (1) Adopt rules in accordance with chapter 34.05 RCW necessary to implement this chapter, subject to the approval of the secretary; (2) Define, evaluate, approve, and designate those schools, programs, and apprenticeship programs including all current and proposed curriculum, faculty, and health, sanitation, and facility standards from which graduation will be accepted as proof of an applicant’s eligibility to take the licensing examination; (3) Review approved schools and programs periodically; (4) Prepare, grade, administer, and supervise the grading and administration of, examinations for applicants for licensure; and (5) Determine which states have educational and licensing requirements equivalent to those of this state. The board shall establish by rule the standards and procedures for approving courses of study and may contract with individuals or organizations having expertise in the profession or in education to assist in evaluating courses of study. The standards and procedures set shall apply equally to 18.108.025 (2008 Ed.) Massage Practitioners schools and training within the United States of America and those in foreign jurisdictions. [1991 c 3 § 254; 1987 c 443 § 10.] 18.108.025 Board powers and duties. (Effective July 1, 2009.) In addition to any other authority provided by law, the board may: (1) Adopt rules in accordance with chapter 34.05 RCW necessary to implement this chapter, subject to the approval of the secretary; (2) Define, evaluate, approve, and designate those schools, programs, and apprenticeship programs including all current and proposed curriculum, faculty, and health, sanitation, and facility standards from which graduation will be accepted as proof of an applicant’s eligibility to take the licensing examination; (3) Review approved schools and programs periodically; (4) Prepare, grade, administer, and supervise the grading and administration of, examinations for applicants for licensure; (5) Establish and administer requirements for continuing education, which shall be a prerequisite to renewing a license under this chapter; and (6) Determine which states have educational and licensing requirements equivalent to those of this state. The board shall establish by rule the standards and procedures for approving courses of study and may contract with individuals or organizations having expertise in the profession or in education to assist in evaluating courses of study. The standards and procedures set shall apply equally to schools and training within the United States of America and those in foreign jurisdictions. [2008 c 25 § 1; 1991 c 3 § 254; 1987 c 443 § 10.] 18.108.025 Effective date—2008 c 25: "This act takes effect July 1, 2009." [2008 c 25 § 3.] 18.108.030 License required. (1) No person may practice or represent himself or herself as a massage practitioner without first applying for and receiving from the department a license to practice. (2) A person represents himself or herself as a massage practitioner when the person adopts or uses any title or any description of services that incorporates one or more of the following terms or designations: Massage, massage practitioner, massage therapist, massage therapy, therapeutic massage, massage technician, massage technology, massagist, masseur, masseuse, myotherapist or myotherapy, touch therapist, reflexologist, acupressurist, body therapy or body therapist, or any derivation of those terms that implies a massage technique or method. [1995 c 198 § 15; 1987 c 443 § 3; 1975 1st ex.s. c 280 § 3.] 18.108.030 18.108.040 Advertising massage by unlicensed person unlawful. It shall be unlawful to advertise the practice of massage using the term massage or any other term that implies a massage technique or method in any public or private publication or communication by a person not licensed by the secretary as a massage practitioner or without printing in display advertisement the license number of the massage practitioner. Any person who holds a license to practice as a 18.108.040 (2008 Ed.) 18.108.070 massage practitioner in this state may use the title "licensed massage practitioner" and the abbreviation "L.M.P.". No other persons may assume such title or use such abbreviation or any other word, letters, signs, or figures to indicate that the person using the title is a licensed massage practitioner. [1995 c 353 § 1; 1991 c 3 § 255; 1987 c 443 § 4; 1975 1st ex.s. c 280 § 4.] 18.108.050 Exemptions. This chapter does not apply 18.108.050 to: (1) An individual giving massage to members of his or her immediate family; (2) The practice of a profession by individuals who are licensed, certified, or registered under other laws of this state and who are performing services within their authorized scope of practice; (3) Massage practiced at the athletic department of any institution maintained by the public funds of the state, or any of its political subdivisions; (4) Massage practiced at the athletic department of any school or college approved by the department by rule using recognized national professional standards; (5) Students enrolled in an approved massage school, approved program, or approved apprenticeship program, practicing massage techniques, incidental to the massage school or program and supervised by the approved school or program. Students must identify themselves as a student when performing massage services on members of the public. Students may not be compensated for the massage services they provide; (6) Individuals who have completed a somatic education training program approved by the secretary; (7) Persons who limit their practice to reflexology. For purposes of this chapter, the practice of reflexology is limited to the hands, feet, and outer ears. The services provided by those who limit their practice to reflexology are not designated or implied to be massage or massage therapy. [2002 c 277 § 2; 1997 c 297 § 3; 1995 c 198 § 16; 1987 c 443 § 5; 1975 1st ex.s. c 280 § 5.] Exemptions: RCW 18.108.130. 18.108.060 Applicant—License holder—Compliance with procedures, requirements, fees. Each applicant and license holder shall comply with administrative procedures, administrative requirements, and fees set by the secretary under RCW 43.70.250 and 43.70.280. [1996 c 191 § 81; 1991 c 3 § 256; 1987 c 443 § 6; 1985 c 7 § 79; 1975 1st ex.s. c 280 § 6.] 18.108.060 18.108.070 Qualifications for license. The secretary shall issue a massage practitioner’s license to an applicant who demonstrates to the secretary’s satisfaction that the following requirements have been met: (1) Effective June 1, 1988, successful completion of a course of study in an approved massage program or approved apprenticeship program; (2) Successful completion of an examination administered or approved by the board; and (3) Be eighteen years of age or older. 18.108.070 [Title 18 RCW—page 299] 18.108.073 Title 18 RCW: Businesses and Professions In addition, applicants shall be subject to the grounds for denial or issuance of a conditional license under chapter 18.130 RCW. The secretary may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria for licensure provided for in this chapter and chapter 18.130 RCW. The secretary shall establish by rule what constitutes adequate proof of meeting the criteria. The board shall give an appropriate alternate form of examination for persons who cannot read or speak English to determine equivalent competency. [1991 c 3 § 257; 1987 c 443 § 7; 1975 1st ex.s. c 280 § 7.] 18.108.073 Examination. (1) The date and location of the examination shall be established by the secretary. Applicants who demonstrate to the secretary’s satisfaction that the following requirements have been met shall be scheduled for the next examination following the filing of the application: (a) Effective June 1, 1988, successful completion of a course of study in an approved massage program; or (b) Effective June 1, 1988, successful completion of an apprenticeship program established by the board; and (c) Be eighteen years of age or older. In addition, the secretary shall establish a deadline for receipt of completed and approved applications. (2) The board or its designee shall examine each applicant in a written examination determined most effective on subjects appropriate to the massage scope of practice. The subjects may include anatomy, kinesiology, physiology, pathology, principles of human behavior, massage theory and practice, hydrotherapy, hygiene, first aid, Washington law pertaining to the practice of massage, and such other subjects as the board may deem useful to test applicant’s fitness to practice massage therapy. Such examinations shall be limited in purpose to determining whether the applicant possesses the minimum skill and knowledge necessary to practice competently. (3) All records of a candidate’s performance shall be preserved for a period of not less than one year after the board has made and published decisions thereupon. All examinations shall be conducted by the board under fair and impartial methods as determined by the secretary. (4) An applicant who fails to make the required grade in the first examination is entitled to take up to two additional examinations upon the payment of a fee for each subsequent examination determined by the secretary as provided in RCW 43.70.250. Upon failure of three examinations, the secretary may invalidate the original application and require such remedial education as is required by the board before admission to future examinations. (5) The board may approve an examination prepared or administered, or both, by a private testing agency or association of licensing boards for use by an applicant in meeting the licensing requirement. [1995 c 198 § 17; 1991 c 3 § 258; 1987 c 443 § 8.] 18.108.073 the discipline of licensees under this chapter. [1987 c 150 § 60; 1986 c 259 § 146.] Severability—1987 c 150: See RCW 18.122.901. Severability—1986 c 259: See note following RCW 18.130.010. 18.108.085 Powers and duties of secretary—Uniform Disciplinary Act—License revocation—Reinstatement. (1) In addition to any other authority provided by law, the secretary may: (a) Adopt rules, in accordance with chapter 34.05 RCW necessary to implement this chapter; (b) Set all license, examination, and renewal fees in accordance with RCW 43.70.250; (c) Establish forms and procedures necessary to administer this chapter; (d) Issue a license to any applicant who has met the education, training, and examination requirements for licensure; and (e) Hire clerical, administrative, and investigative staff as necessary to implement this chapter, and hire individuals licensed under this chapter to serve as examiners for any practical examinations. (2) The Uniform Disciplinary Act, chapter 18.130 RCW, governs the issuance and denial of licenses and the disciplining of persons under this chapter. The secretary shall be the disciplining authority under this chapter. (3) Any license issued under this chapter to a person who is or has been convicted of violating RCW 9A.88.030, 9A.88.070, 9A.88.080, or 9A.88.090 or equivalent local ordinances shall automatically be revoked by the secretary upon receipt of a certified copy of the court documents reflecting such conviction. No further hearing or procedure is required, and the secretary has no discretion with regard to the revocation of the license. The revocation shall be effective even though such conviction may be under appeal, or the time period for such appeal has not elapsed. However, upon presentation of a final appellate decision overturning such conviction, the license shall be reinstated, unless grounds for disciplinary action have been found under chapter 18.130 RCW. No license may be granted under this chapter to any person who has been convicted of violating RCW 9A.88.030, 9A.88.070, 9A.88.080, or 9A.88.090 or equivalent local ordinances within the eight years immediately preceding the date of application. For purposes of this subsection, "convicted" does not include a conviction that has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence, but does include convictions for offenses for which the defendant received a deferred or suspended sentence, unless the record has been expunged according to law. (4) The secretary shall keep an official record of all proceedings under this chapter, a part of which record shall consist of a register of all applicants for licensure under this chapter, with the result of each application. [1996 c 154 § 1; 1995 c 353 § 2; 1991 c 3 § 259; 1987 c 443 § 11.] 18.108.085 18.108.095 Out-of-state applicants. An applicant holding a license in another state or foreign jurisdiction may be granted a Washington license without examination, if, in the opinion of the board, the other state’s or foreign jurisdic18.108.095 18.108.076 Application of uniform disciplinary act. The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, and 18.108.076 [Title 18 RCW—page 300] (2008 Ed.) Massage Practitioners tion’s examination and educational requirements are substantially equivalent to Washington’s: PROVIDED, That the applicant demonstrates to the satisfaction of the board a working knowledge of Washington law pertaining to the practice of massage. The applicant shall provide proof in a manner approved by the department that the examination and requirements are equivalent to Washington’s. [1987 c 443 § 12.] Effective date—1987 c 443 § 12: "Section 12 of this act shall take effect June 1, 1988." [1987 c 443 § 19.] 18.108.115 Persons licensed under prior law. Any person holding a valid license to practice massage issued by authority of the state on July 26, 1987, shall continue to be licensed as a massage practitioner under the provisions of this chapter. [1987 c 443 § 13.] 18.108.250 18.108.210 Authority of local political subdivisions. Nothing in this chapter limits or abridges the authority of any political subdivision to levy and collect a general and nondiscriminatory license fee levied upon all businesses, or to levy a tax based upon gross business conducted by any firm within said political subdivision. [2007 c 165 § 2; 1975 1st ex.s. c 280 § 22.] 18.108.210 Finding—2007 c 165: "The legislature finds that licensed massage practitioners should be treated the same as other health professionals under Title 18 RCW and that additional registrations or licenses regulating massage or massage practitioners are not authorized." [2007 c 165 § 1.] 18.108.115 18.108.125 Inactive credential—Reinstatement. (Effective July 1, 2009.) (1) The secretary must grant a massage practitioner an inactive credential if the massage practitioner submits a letter to the board stating his or her intent to obtain an inactive credential, and he or she: (a) Holds an active Washington state massage practitioner’s license; (b) Is in good standing, as determined by the board; and (c) Does not practice massage in the state of Washington. (2) The secretary may reinstate the massage practitioner’s license if the massage practitioner: (a) Pays the current active renewal fee and other fees for active licensure; (b) Provides a written declaration that: (i) No action has been taken by a state or federal jurisdiction or a hospital which would prevent or restrict the practitioner’s practice of massage therapy; (ii) He or she has not voluntarily given up any credential or privilege or been restricted in the practice of massage therapy to avoid other sanctions; and (iii) He or she has satisfied continuing education and competency requirements for the two most recent years; and (c) Meets other requirements for reinstatement, as may be determined by the board. [2008 c 25 § 2.] 18.108.125 Effective date—2008 c 25: See note following RCW 18.108.025. 18.108.130 Exemptions. This chapter does not apply 18.108.130 to: (1) Massage practiced at the athletic department of any institution maintained by the public funds of the state, or any of its political subdivisions; (2) Massage practiced at the athletic department of any primary or secondary school, or institution of higher education; and (3) Massage practiced at the athletic department of any nonprofit organization licensed under RCW 66.24.400 and 66.24.450. [1975 1st ex.s. c 280 § 14.] 18.108.220 Federal classification. For the purposes of this chapter, licensed massage practitioners shall be classified as "offices and clinics of health practitioners, not elsewhere classified" under section 8049 of the standard industrial classification manual published by the executive office of the president, office of management and budget. [1994 c 228 § 1.] 18.108.220 Effective date—1994 c 228: "This act shall take effect July 1, 1994." [1994 c 228 § 3.] 18.108.230 Animal massage practitioner—Endorsement—Training requirements—Rules. (1) A massage practitioner licensed under this chapter may apply for an endorsement as a small or large animal massage practitioner upon completion of one hundred hours of training in either large or small animal massage. Training must include animal massage techniques, kinesiology, anatomy, physiology, first aid care, and proper handling techniques. (2) An applicant who applies for an endorsement within the first year following July 22, 2001, may submit documentation of a minimum of fifty hours of training with up to fifty hours of practical experience or continuing education, or a combination thereof, to fulfill the requirements of this section. (3) Massage therapy of animals does not include diagnosis, prognosis, or all treatment of diseases, deformities, defects, wounds, or injuries of animals. For the purposes of this section, massage for therapeutic purposes may be performed solely for purposes of patient well-being. (4) A person licensed and endorsed under this section may hold themselves out as an animal massage practitioner. (5) The board may adopt rules to implement this section upon consultation with the Washington state veterinary board of governors and licensed massage practitioners with training in animal massage. [2001 c 297 § 3.] 18.108.230 Findings—Intent—2001 c 297: See note following RCW 18.108.010. 18.108.240 Chapter 277, Laws of 2002—Review/regulatory changes. The department of health shall review the implementation of chapter 277, Laws of 2002 and make recommendations to the legislature by December 1, 2005, regarding regulatory changes to chapter 277, Laws of 2002. [2002 c 277 § 3.] 18.108.240 Exemptions: RCW 18.108.050. 18.108.250 Intraoral massage—Endorsement. (1) A massage practitioner licensed under this chapter may apply for an endorsement to perform intraoral massage upon completion of training determined by the board and specified in rules. Training must include intraoral massage techniques, 18.108.250 18.108.190 Inspection of premises by law enforcement personnel. State and local law enforcement personnel shall have the authority to inspect the premises at any time including business hours. [1975 1st ex.s. c 280 § 20.] 18.108.190 (2008 Ed.) [Title 18 RCW—page 301] 18.108.900 Title 18 RCW: Businesses and Professions cranial anatomy, physiology, and kinesiology, hygienic practices, safety and sanitation, pathology, and contraindications. (2) A massage practitioner who has obtained an intraoral massage endorsement to his or her massage practitioner license may practice intraoral massage. [2007 c 272 § 2.] 18.108.900 Severability—1975 1st ex.s. c 280. If any provision of this 1975 act is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this 1975 act and the applicability thereof to other persons and circumstances shall not be affected thereby. [1975 1st ex.s. c 280 § 23.] 18.108.900 18.108.901 Severability—1987 c 443. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1987 c 443 § 18.] 18.108.901 18.108.902 Savings—1987 c 443. This chapter shall not be construed as affecting any existing right acquired or liability or obligations incurred under the sections amended or repealed in this chapter or under any rule, regulation, or order adopted under those sections, nor as affecting any proceeding instituted under those sections. [1987 c 443 § 14.] 18.108.902 Chapter 18.110 Chapter 18.110 RCW ART DEALERS—ARTISTS Sections 18.110.010 18.110.020 18.110.030 18.110.040 18.110.900 18.110.905 Definitions. Rights—Duties—Liabilities. Contract required—Provisions. Violations—Penalties—Attorney fees. Application of chapter. Construction—Chapter supersedes Title 62A RCW. 18.110.010 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise. (1) "Art dealer" means a person, partnership, firm, association, or corporation, other than a public auctioneer, which undertakes to sell a work of fine art created by another. (2) "Artist" means the creator of a work of fine art. (3) "On consignment" means delivered to an art dealer for the purpose of sale or exhibition, or both, to the public by the art dealer other than at a public auction. (4) "Work of fine art" means an original art work which is: (a) A visual rendition including a painting, drawing, sculpture, mosaic, or photograph; (b) A work of calligraphy; (c) A work of graphic art including an etching, lithograph, offset print, or silk screen; (d) A craft work in materials including clay, textile, fiber, wood, metal, plastic, or glass; or (e) A work in mixed media including a collage or a work consisting of any combination of works included in this subsection. [1981 c 33 § 1.] 18.110.010 [Title 18 RCW—page 302] 18.110.020 Rights—Duties—Liabilities. If an art dealer accepts a work of fine art on a fee, commission, or other compensation basis, on consignment from the artist: (1) The art dealer is, with respect to that work of fine art, the agent of the artist. (2) The work of fine art is trust property and the art dealer is trustee for the benefit of the artist until the work of fine art is sold to a bona fide third party. (3) The proceeds of the sale of the work of fine art are trust property and the art dealer is trustee for the benefit of the artist until the amount due the artist from the sale is paid. These trust funds shall be paid to the artist within thirty days of receipt by the art dealer unless the parties expressly agree otherwise in writing. If the sale of the work of fine art is on installment, the funds from the installment shall first be applied to pay any balance due the artist on the sale, unless the artist expressly agrees in writing that the proceeds on each installment shall be paid according to a percentage established by the consignment agreement. (4) The art dealer is strictly liable for the loss of or damage to the work of fine art while it is in the art dealer’s possession. For the purpose of this subsection the value of the work of fine art is the value established in a written agreement between the artist and art dealer prior to the loss or damage or, if no written agreement regarding the value of the work of fine art exists, the fair market value of the work of fine art. A work of fine art which is trust property when initially accepted by the art dealer remains trust property notwithstanding the subsequent purchase of the work of fine art by the art dealer directly or indirectly for the art dealer’s own account until the purchase price is paid in full to the artist. No property which is trust property under this section is subject to the claims, liens, or security interests of the creditors of the art dealer. [1981 c 33 § 2.] 18.110.020 18.110.030 Contract required—Provisions. (1) An art dealer may accept a work of fine art on a fee, commission, or other compensation basis, on consignment from the artist only if prior to or at the time of acceptance the art dealer enters into a written contract with the artist which states: (a) The value of the work of fine art; (b) The minimum price for the sale of the work of fine art; and (c) The fee, commission, or other compensation basis of the art dealer. (2) An art dealer who accepts a work of fine art on a fee, commission, or other compensation basis, on consignment from the artist may use or display the work of fine art or a photograph of the work of fine art or permit the use or display of the work or photograph only if: (a) Notice is given to users or viewers that the work of fine art is the work of the artist; and (b) The artist gives prior written consent to the particular use or display. (3) Any portion of a contract which waives any provision of this chapter is void. [1981 c 33 § 3.] 18.110.030 18.110.040 Violations—Penalties—Attorney fees. An art dealer violating RCW 18.110.030 is liable to the artist for fifty dollars plus actual damages, including incidental and 18.110.040 (2008 Ed.) Regulation of Business Professions consequential damages, sustained as a result of the violation. If an art dealer violates RCW 18.110.030, the artist’s obligation for compensation to the art dealer is voidable. In an action under this section the court may, in its discretion, award the artist reasonable attorney’s fees. [1981 c 33 § 4.] 18.110.900 Application of chapter. This chapter applies to any work of fine art accepted on consignment on or after July 26, 1981. If a work of fine art is accepted on consignment on or after July 26, 1981 under a contract made before that date, this section applies only to the extent that it does not conflict with the contract. [1981 c 33 § 5.] 18.110.900 18.110.905 Construction—Chapter supersedes Title 62A RCW. See RCW 62A.1-110. 18.110.905 Chapter 18.118 RCW REGULATION OF BUSINESS PROFESSIONS Chapter 18.118 Sections 18.118.005 18.118.010 18.118.020 18.118.030 18.118.040 18.118.900 Legislative findings—Intent. Purpose—Intent. Definitions. Applicants for regulation—Information. Applicants for regulation—Written report—Recommendation of department of licensing. Severability—1987 c 514. 18.118.005 Legislative findings—Intent. The legislature recognizes the value of an analytical review, removed from the political process, of proposals for increased regulation of real estate and other business professions which the legislature already regulates, as well as of proposals for regulation of professions not currently regulated. The legislature further finds that policies and standards set out for regulation of the health professions in chapter 18.120 RCW have equal applicability to other professions. To further the goal of governmental regulation only as necessary to protect the public interest and to promote economic development through employment, the legislature expands the scope of chapter 18.120 RCW to apply to business professions. The legislature intends that the reviews of proposed business profession regulation be conducted by the department of licensing’s policy and research rather than regulatory staff and that the reviews be conducted and recommendations made in an impartial manner. Further, the legislature intends that the department of licensing provide sufficient staffing to conduct the reviews. [1987 c 514 § 3.] 18.118.005 18.118.010 Purpose—Intent. (1) The purpose of this chapter is to establish guidelines for the regulation of the real estate profession and other business professions which may seek legislation to substantially increase their scope of practice or the level of regulation of the profession, and for the regulation of business professions not licensed or regulated on July 26, 1987: PROVIDED, That the provisions of this chapter are not intended and shall not be construed to: (a) Apply to any regulatory entity created prior to July 26, 1987, except as provided in this chapter; (b) affect the powers and responsibilities of the superintendent of public instruction or Washington professional educator standards board under RCW 28A.410.210 and 28A.410.010; (c) apply to or inter18.118.010 (2008 Ed.) 18.118.010 fere in any way with the practice of religion or to any kind of treatment by prayer; (d) apply to any remedial or technical amendments to any statutes which licensed or regulated activity before July 26, 1987; and (e) apply to proposals relating solely to continuing education. The legislature believes that all individuals should be permitted to enter into a business profession unless there is an overwhelming need for the state to protect the interests of the public by restricting entry into the profession. Where such a need is identified, the regulation adopted by the state should be set at the least restrictive level consistent with the public interest to be protected. (2) It is the intent of this chapter that no regulation shall be imposed upon any business profession except for the exclusive purpose of protecting the public interest. All bills introduced in the legislature to regulate a business profession for the first time should be reviewed according to the following criteria. A business profession should be regulated by the state only when: (a) Unregulated practice can clearly harm or endanger the health, safety, or welfare of the public, and the potential for the harm is easily recognizable and not remote or dependent upon tenuous argument; (b) The public needs and can reasonably be expected to benefit from an assurance of initial and continuing professional ability; and (c) The public cannot be effectively protected by other means in a more cost-beneficial manner. (3) After evaluating the criteria in subsection (2) of this section and considering governmental and societal costs and benefits, if the legislature finds that it is necessary to regulate a business profession not previously regulated by law, the least restrictive alternative method of regulation should be implemented, consistent with the public interest and this section: (a) Where existing common law and statutory civil actions and criminal prohibitions are not sufficient to eradicate existing harm, the regulation should provide for stricter civil actions and criminal prosecutions; (b) Where a service is being performed for individuals involving a hazard to the public health, safety, or welfare, the regulation should impose inspection requirements and enable an appropriate state agency to enforce violations by injunctive relief in court, including, but not limited to, regulation of the business activity providing the service rather than the employees of the business; (c) Where the threat to the public health, safety, or economic well-being is relatively small as a result of the operation of the business profession, the regulation should implement a system of registration; (d) Where the consumer may have a substantial basis for relying on the services of a practitioner, the regulation should implement a system of certification; or (e) Where apparent that adequate regulation cannot be achieved by means other than licensing, the regulation should implement a system of licensing. [2005 c 497 § 218; 1990 c 33 § 553; 1987 c 514 § 4.] Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102. [Title 18 RCW—page 303] 18.118.020 Title 18 RCW: Businesses and Professions 18.118.020 Definitions. The definitions contained in this section shall apply throughout this chapter unless the context clearly requires otherwise. (1) "Applicant group" includes any business professional group or organization, any individual, or any other interested party which proposes that any business professional group not presently regulated be regulated or which proposes legislation to substantially increase the scope of practice or the level of regulation of the profession. (2) "Business professions" means those business occupations or professions which are not health professions under chapter 18.120 RCW and includes, in addition to real estate brokers and salespersons under chapter 18.85 RCW, the following professions and occupations: Accountancy under chapter 18.04 RCW; architects under chapter 18.08 RCW; auctioneering under chapter 18.11 RCW; cosmetologists, barbers, and manicurists under chapter 18.16 RCW; contractors under chapter 18.27 RCW; debt adjusting under chapter 18.28 RCW; engineers and surveyors under chapter 18.43 RCW; escrow agents under chapter 18.44 RCW; landscape architects under chapter 18.96 RCW; water well construction under chapter 18.104 RCW; plumbers under chapter 18.106 RCW; and art dealers under chapter 18.110 RCW. (3) "Certificate" and "certification" mean a voluntary process by which a statutory regulatory entity grants recognition to an individual who (a) has met certain prerequisite qualifications specified by that regulatory entity, and (b) may assume or use "certified" in the title or designation to perform prescribed professional tasks. (4) "Grandfather clause" means a provision in a regulatory statute applicable to practitioners actively engaged in the regulated profession prior to the effective date of the regulatory statute which exempts the practitioners from meeting the prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational tasks. (5) "Inspection" means the periodic examination of practitioners by a state agency in order to ascertain whether the practitioners’ occupation is being carried out in a fashion consistent with the public health, safety, and welfare. (6) "Legislative committees of reference" means the standing legislative committees designated by the respective rules committees of the senate and house of representatives to consider proposed legislation to regulate business professions not previously regulated. (7) "License", "licensing", and "licensure" mean permission to engage in a business profession which would otherwise be unlawful in the state in the absence of the permission. A license is granted to those individuals who meet prerequisite qualifications to perform prescribed professional tasks and for the use of a particular title. (8) "Professional license" means an individual, nontransferable authorization to carry on an activity based on qualifications which include: (a) Graduation from an accredited or approved program, and (b) acceptable performance on a qualifying examination or series of examinations. (9) "Practitioner" means an individual who (a) has achieved knowledge and skill by practice, and (b) is actively engaged in a specified business profession. (10) "Public member" means an individual who is not, and never was, a member of the business profession being regulated or the spouse of a member, or an individual who 18.118.020 [Title 18 RCW—page 304] does not have and never has had a material financial interest in either the rendering of the business professional service being regulated or an activity directly related to the profession being regulated. (11) "Registration" means the formal notification which, prior to rendering services, a practitioner shall submit to a state agency setting forth the name and address of the practitioner; the location, nature and operation of the business activity to be practiced; and, if required by the regulatory entity, a description of the service to be provided. (12) "Regulatory entity" means any board, commission, agency, division, or other unit or subunit of state government which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state. (13) "State agency" includes every state office, department, board, commission, regulatory entity, and agency of the state, and, where provided by law, programs and activities involving less than the full responsibility of a state agency. [1987 c 514 § 5.] 18.118.030 Applicants for regulation—Information. After July 26, 1987, if appropriate, applicant groups shall explain each of the following factors to the extent requested by the legislative committees of reference: (1) A definition of the problem and why regulation is necessary: (a) The nature of the potential harm to the public if the business profession is not regulated, and the extent to which there is a threat to public health and safety; (b) The extent to which consumers need and will benefit from a method of regulation identifying competent practitioners, indicating typical employers, if any, of practitioners in the profession; and (c) The extent of autonomy a practitioner has, as indicated by: (i) The extent to which the profession calls for independent judgment and the extent of skill or experience required in making the independent judgment; and (ii) The extent to which practitioners are supervised; (2) The efforts made to address the problem: (a) Voluntary efforts, if any, by members of the profession to: (i) Establish a code of ethics; or (ii) Help resolve disputes between practitioners and consumers; and (b) Recourse to and the extent of use of applicable law and whether it could be strengthened to control the problem; (3) The alternatives considered: (a) Regulation of business employers or practitioners rather than employee practitioners; (b) Regulation of the program or service rather than the individual practitioners; (c) Registration of all practitioners; (d) Certification of all practitioners; (e) Other alternatives; (f) Why the use of the alternatives specified in this subsection would not be adequate to protect the public interest; and (g) Why licensing would serve to protect the public interest; (4) The benefit to the public if regulation is granted: 18.118.030 (2008 Ed.) Regulation of Health Professions—Criteria (a) The extent to which the incidence of specific problems present in the unregulated profession can reasonably be expected to be reduced by regulation; (b) Whether the public can identify qualified practitioners; (c) The extent to which the public can be confident that qualified practitioners are competent: (i) Whether the proposed regulatory entity would be a board composed of members of the profession and public members, or a state agency, or both, and, if appropriate, their respective responsibilities in administering the system of registration, certification, or licensure, including the composition of the board and the number of public members, if any; the powers and duties of the board or state agency regarding examinations and for cause revocation, suspension, and nonrenewal of registrations, certificates, or licenses; the promulgation of rules and canons of ethics; the conduct of inspections; the receipt of complaints and disciplinary action taken against practitioners; and how fees would be levied and collected to cover the expenses of administering and operating the regulatory system; (ii) If there is a grandfather clause, whether such practitioners will be required to meet the prerequisite qualifications established by the regulatory entity at a later date; (iii) The nature of the standards proposed for registration, certification, or licensure as compared with the standards of other jurisdictions; (iv) Whether the regulatory entity would be authorized to enter into reciprocity agreements with other jurisdictions; and (v) The nature and duration of any training including, but not limited to, whether the training includes a substantial amount of supervised field experience; whether training programs exist in this state; if there will be an experience requirement; whether the experience must be acquired under a registered, certificated, or licensed practitioner; whether there are alternative routes of entry or methods of meeting the prerequisite qualifications; whether all applicants will be required to pass an examination; and, if an examination is required, by whom it will be developed and how the costs of development will be met; (d) Assurance of the public that practitioners have maintained their competence: (i) Whether the registration, certification, or licensure will carry an expiration date; and (ii) Whether renewal will be based only upon payment of a fee, or whether renewal will involve reexamination, peer review, or other enforcement; (5) The extent to which regulation might harm the public: (a) The extent to which regulation will restrict entry into the profession: (i) Whether the proposed standards are more restrictive than necessary to insure safe and effective performance; and (ii) Whether the proposed legislation requires registered, certificated, or licensed practitioners in other jurisdictions who migrate to this state to qualify in the same manner as state applicants for registration, certification, and licensure when the other jurisdiction has substantially equivalent requirements for registration, certification, or licensure as those in this state; and (2008 Ed.) 18.120.010 (b) Whether there are similar professions to that of the applicant group which should be included in, or portions of the applicant group which should be excluded from, the proposed legislation; (6) The maintenance of standards: (a) Whether effective quality assurance standards exist in the profession, such as legal requirements associated with specific programs that define or enforce standards, or a code of ethics; and (b) How the proposed legislation will assure quality: (i) The extent to which a code of ethics, if any, will be adopted; and (ii) The grounds for suspension or revocation of registration, certification, or licensure; (7) A description of the group proposed for regulation, including a list of associations, organizations, and other groups representing the practitioners in this state, an estimate of the number of practitioners in each group, and whether the groups represent different levels of practice; and (8) The expected costs of regulation: (a) The impact registration, certification, or licensure will have on the costs of the services to the public; and (b) The cost to the state and to the general public of implementing the proposed legislation. [1987 c 514 § 6.] 18.118.040 Applicants for regulation—Written report—Recommendation of department of licensing. Applicant groups shall submit a written report explaining the factors enumerated in RCW 18.118.030 to the legislative committees of reference. Applicant groups, other than state agencies created prior to July 26, 1987, shall submit copies of their written report to the department of licensing for review and comment. The department of licensing shall make recommendations based on the report to the extent requested by the legislative committees. [1987 c 514 § 7.] 18.118.040 18.118.900 Severability—1987 c 514. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1987 c 514 § 10.] 18.118.900 Chapter 18.120 Chapter 18.120 RCW REGULATION OF HEALTH PROFESSIONS—CRITERIA Sections 18.120.010 18.120.020 18.120.030 18.120.040 18.120.050 18.120.900 18.120.910 Purpose—Criteria. Definitions. Applicants for regulation—Information. Applicants for regulation—Written reports—Recommendations by state board of health and department of health. Continuing education requirements—Legislative proposals— Evidence of effectiveness. Short title. Severability—1983 c 168. Health professions account—Fees credited—Requirements for biennial budget request—Unappropriated funds: RCW 43.70.320. Secretary of health or secretary’s designee ex officio member of health professional licensure and disciplinary boards: RCW 43.70.300. 18.120.010 Purpose—Criteria. (1) The purpose of this chapter is to establish guidelines for the regulation of health 18.120.010 [Title 18 RCW—page 305] 18.120.020 Title 18 RCW: Businesses and Professions professions not licensed or regulated prior to July 24, 1983, and those licensed or regulated health professions which seek to substantially increase their scope of practice: PROVIDED, That the provisions of this chapter are not intended and shall not be construed to: (a) Apply to any regulatory entity created prior to July 24, 1983, except as provided in this chapter; (b) affect the powers and responsibilities of the superintendent of public instruction or Washington professional educator standards board under RCW 28A.410.210 and 28A.410.010; (c) apply to or interfere in any way with the practice of religion or to any kind of treatment by prayer; and (d) apply to any remedial or technical amendments to any statutes which licensed or regulated activity before July 24, 1983. The legislature believes that all individuals should be permitted to enter into a health profession unless there is an overwhelming need for the state to protect the interests of the public by restricting entry into the profession. Where such a need is identified, the regulation adopted by the state should be set at the least restrictive level consistent with the public interest to be protected. (2) It is the intent of this chapter that no regulation shall, after July 24, 1983, be imposed upon any health profession except for the exclusive purpose of protecting the public interest. All bills introduced in the legislature to regulate a health profession for the first time should be reviewed according to the following criteria. A health profession should be regulated by the state only when: (a) Unregulated practice can clearly harm or endanger the health, safety, or welfare of the public, and the potential for the harm is easily recognizable and not remote or dependent upon tenuous argument; (b) The public needs and can reasonably be expected to benefit from an assurance of initial and continuing professional ability; and (c) The public cannot be effectively protected by other means in a more cost-beneficial manner. (3) After evaluating the criteria in subsection (2) of this section and considering governmental and societal costs and benefits, if the legislature finds that it is necessary to regulate a health profession not previously regulated by law, the least restrictive alternative method of regulation should be implemented, consistent with the public interest and this section: (a) Where existing common law and statutory civil actions and criminal prohibitions are not sufficient to eradicate existing harm, the regulation should provide for stricter civil actions and criminal prosecutions; (b) Where a service is being performed for individuals involving a hazard to the public health, safety, or welfare, the regulation should impose inspection requirements and enable an appropriate state agency to enforce violations by injunctive relief in court, including, but not limited to, regulation of the business activity providing the service rather than the employees of the business; (c) Where the threat to the public health, safety, or economic well-being is relatively small as a result of the operation of the health profession, the regulation should implement a system of registration; (d) Where the consumer may have a substantial basis for relying on the services of a practitioner, the regulation should implement a system of certification; or [Title 18 RCW—page 306] (e) Where apparent that adequate regulation cannot be achieved by means other than licensing, the regulation should implement a system of licensing. [2005 c 497 § 219; 1990 c 33 § 554; 1983 c 168 § 1.] Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102. 18.120.020 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Applicant group" includes any health professional group or organization, any individual, or any other interested party which proposes that any health professional group not presently regulated be regulated or which proposes to substantially increase the scope of practice of the profession. (2) "Certificate" and "certification" mean a voluntary process by which a statutory regulatory entity grants recognition to an individual who (a) has met certain prerequisite qualifications specified by that regulatory entity, and (b) may assume or use "certified" in the title or designation to perform prescribed health professional tasks. (3) "Grandfather clause" means a provision in a regulatory statute applicable to practitioners actively engaged in the regulated health profession prior to the effective date of the regulatory statute which exempts the practitioners from meeting the prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational tasks. (4) "Health professions" means and includes the following health and health-related licensed or regulated professions and occupations: Podiatric medicine and surgery under chapter 18.22 RCW; chiropractic under chapter 18.25 RCW; dental hygiene under chapter 18.29 RCW; dentistry under chapter 18.32 RCW; denturism under chapter 18.30 RCW; dispensing opticians under chapter 18.34 RCW; hearing instruments under chapter 18.35 RCW; naturopaths under chapter 18.36A RCW; embalming and funeral directing under chapter 18.39 RCW; midwifery under chapter 18.50 RCW; nursing home administration under chapter 18.52 RCW; optometry under chapters 18.53 and 18.54 RCW; ocularists under chapter 18.55 RCW; osteopathic medicine and surgery under chapters 18.57 and 18.57A RCW; pharmacy under chapters 18.64 and 18.64A RCW; medicine under chapters 18.71 and 18.71A RCW; emergency medicine under chapter 18.73 RCW; physical therapy under chapter 18.74 RCW; practical nurses under chapter 18.79 RCW; psychologists under chapter 18.83 RCW; registered nurses under chapter 18.79 RCW; occupational therapists licensed under chapter 18.59 RCW; respiratory care practitioners licensed under chapter 18.89 RCW; veterinarians and veterinary technicians under chapter 18.92 RCW; health care assistants under chapter 18.135 RCW; massage practitioners under chapter 18.108 RCW; acupuncturists licensed under chapter 18.06 RCW; persons registered under chapter 18.19 RCW; persons licensed as mental health counselors, marriage and family therapists, and social workers under chapter 18.225 RCW; dietitians and nutritionists certified by chapter 18.138 RCW; radiologic technicians under chapter 18.84 RCW; and nursing assistants registered or certified under chapter 18.88A RCW. 18.120.020 (2008 Ed.) Regulation of Health Professions—Criteria (5) "Inspection" means the periodic examination of practitioners by a state agency in order to ascertain whether the practitioners’ occupation is being carried out in a fashion consistent with the public health, safety, and welfare. (6) "Legislative committees of reference" means the standing legislative committees designated by the respective rules committees of the senate and house of representatives to consider proposed legislation to regulate health professions not previously regulated. (7) "License," "licensing," and "licensure" mean permission to engage in a health profession which would otherwise be unlawful in the state in the absence of the permission. A license is granted to those individuals who meet prerequisite qualifications to perform prescribed health professional tasks and for the use of a particular title. (8) "Professional license" means an individual, nontransferable authorization to carry on a health activity based on qualifications which include: (a) Graduation from an accredited or approved program, and (b) acceptable performance on a qualifying examination or series of examinations. (9) "Practitioner" means an individual who (a) has achieved knowledge and skill by practice, and (b) is actively engaged in a specified health profession. (10) "Public member" means an individual who is not, and never was, a member of the health profession being regulated or the spouse of a member, or an individual who does not have and never has had a material financial interest in either the rendering of the health professional service being regulated or an activity directly related to the profession being regulated. (11) "Registration" means the formal notification which, prior to rendering services, a practitioner shall submit to a state agency setting forth the name and address of the practitioner; the location, nature and operation of the health activity to be practiced; and, if required by the regulatory entity, a description of the service to be provided. (12) "Regulatory entity" means any board, commission, agency, division, or other unit or subunit of state government which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state. (13) "State agency" includes every state office, department, board, commission, regulatory entity, and agency of the state, and, where provided by law, programs and activities involving less than the full responsibility of a state agency. [2001 c 251 § 26; 2000 c 93 § 15; 1997 c 334 § 13; 1996 c 178 § 9. Prior: 1995 c 323 § 15; 1995 c 1 § 18 (Initiative Measure No. 607, approved November 8, 1994); 1994 sp.s. c 9 § 718; 1989 c 300 § 14; prior: 1988 c 277 § 12; 1988 c 267 § 21; prior: 1987 c 512 § 21; 1987 c 447 § 17; 1987 c 415 § 16; 1987 c 412 § 14; prior: 1985 c 326 § 28; 1985 c 117 § 3; prior: 1984 c 279 § 57; 1984 c 9 § 18; 1983 c 168 § 2.] Severability—2001 c 251: See RCW 18.225.900. Effective dates—1997 c 334: See note following RCW 18.89.010. Effective date—1996 c 178: See note following RCW 18.35.110. Short title—Severability—1995 c 1 (Initiative Measure No. 607): See RCW 18.30.900 and 18.30.901. Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Severability—1987 c 512: See RCW 18.19.901. Severability—1987 c 447: See RCW 18.36A.901. Severability—1987 c 415: See RCW 18.89.901. (2008 Ed.) 18.120.030 Effective date—Severability—1987 c 412: See RCW 18.84.901 and 18.84.902. Severability—1984 c 279: See RCW 18.130.901. Severability—1984 c 9: See RCW 18.59.905. 18.120.030 Applicants for regulation—Information. After July 24, 1983, if appropriate, applicant groups shall explain each of the following factors to the extent requested by the legislative committees of reference: (1) A definition of the problem and why regulation is necessary: (a) The nature of the potential harm to the public if the health profession is not regulated, and the extent to which there is a threat to public health and safety; (b) The extent to which consumers need and will benefit from a method of regulation identifying competent practitioners, indicating typical employers, if any, of practitioners in the health profession; and (c) The extent of autonomy a practitioner has, as indicated by: (i) The extent to which the health profession calls for independent judgment and the extent of skill or experience required in making the independent judgment; and (ii) The extent to which practitioners are supervised; (2) The efforts made to address the problem: (a) Voluntary efforts, if any, by members of the health profession to: (i) Establish a code of ethics; or (ii) Help resolve disputes between health practitioners and consumers; and (b) Recourse to and the extent of use of applicable law and whether it could be strengthened to control the problem; (3) The alternatives considered: (a) Regulation of business employers or practitioners rather than employee practitioners; (b) Regulation of the program or service rather than the individual practitioners; (c) Registration of all practitioners; (d) Certification of all practitioners; (e) Other alternatives; (f) Why the use of the alternatives specified in this subsection would not be adequate to protect the public interest; and (g) Why licensing would serve to protect the public interest; (4) The benefit to the public if regulation is granted: (a) The extent to which the incidence of specific problems present in the unregulated health profession can reasonably be expected to be reduced by regulation; (b) Whether the public can identify qualified practitioners; (c) The extent to which the public can be confident that qualified practitioners are competent: (i) Whether the proposed regulatory entity would be a board composed of members of the profession and public members, or a state agency, or both, and, if appropriate, their respective responsibilities in administering the system of registration, certification, or licensure, including the composition of the board and the number of public members, if any; the powers and duties of the board or state agency regarding examinations and for cause revocation, suspension, and non18.120.030 [Title 18 RCW—page 307] 18.120.040 Title 18 RCW: Businesses and Professions renewal of registrations, certificates, or licenses; the promulgation of rules and canons of ethics; the conduct of inspections; the receipt of complaints and disciplinary action taken against practitioners; and how fees would be levied and collected to cover the expenses of administering and operating the regulatory system; (ii) If there is a grandfather clause, whether such practitioners will be required to meet the prerequisite qualifications established by the regulatory entity at a later date; (iii) The nature of the standards proposed for registration, certification, or licensure as compared with the standards of other jurisdictions; (iv) Whether the regulatory entity would be authorized to enter into reciprocity agreements with other jurisdictions; (v) The nature and duration of any training including, but not limited to, whether the training includes a substantial amount of supervised field experience; whether training programs exist in this state; if there will be an experience requirement; whether the experience must be acquired under a registered, certificated, or licensed practitioner; whether there are alternative routes of entry or methods of meeting the prerequisite qualifications; whether all applicants will be required to pass an examination; and, if an examination is required, by whom it will be developed and how the costs of development will be met; and (vi) What additional training programs are anticipated to be necessary to assure training accessible statewide; the anticipated time required to establish the additional training programs; the types of institutions capable of providing the training; a description of how training programs will meet the needs of the expected workforce, including reentry workers, minorities, placebound students, and others; (d) Assurance of the public that practitioners have maintained their competence: (i) Whether the registration, certification, or licensure will carry an expiration date; and (ii) Whether renewal will be based only upon payment of a fee, or whether renewal will involve reexamination, peer review, or other enforcement; (5) The extent to which regulation might harm the public: (a) The extent to which regulation will restrict entry into the health profession: (i) Whether the proposed standards are more restrictive than necessary to insure safe and effective performance; and (ii) Whether the proposed legislation requires registered, certificated, or licensed practitioners in other jurisdictions who migrate to this state to qualify in the same manner as state applicants for registration, certification, and licensure when the other jurisdiction has substantially equivalent requirements for registration, certification, or licensure as those in this state; and (b) Whether there are similar professions to that of the applicant group which should be included in, or portions of the applicant group which should be excluded from, the proposed legislation; (6) The maintenance of standards: (a) Whether effective quality assurance standards exist in the health profession, such as legal requirements associated with specific programs that define or enforce standards, or a code of ethics; and [Title 18 RCW—page 308] (b) How the proposed legislation will assure quality: (i) The extent to which a code of ethics, if any, will be adopted; and (ii) The grounds for suspension or revocation of registration, certification, or licensure; (7) A description of the group proposed for regulation, including a list of associations, organizations, and other groups representing the practitioners in this state, an estimate of the number of practitioners in each group, and whether the groups represent different levels of practice; and (8) The expected costs of regulation: (a) The impact registration, certification, or licensure will have on the costs of the services to the public; (b) The cost to the state and to the general public of implementing the proposed legislation; and (c) The cost to the state and the members of the group proposed for regulation for the required education, including projected tuition and expenses and expected increases in training programs, staffing, and enrollments at state training institutions. [1991 c 332 § 6; 1983 c 168 § 3.] Application to scope of practice—Captions not law—1991 c 332: See notes following RCW 18.130.010. 18.120.040 Applicants for regulation—Written reports—Recommendations by state board of health and department of health. Applicant groups shall submit a written report explaining the factors enumerated in RCW 18.120.030 to the legislative committees of reference, copies of which shall be sent to the state board of health and the department of health for review and comment. The state board of health and the department of health shall make recommendations based on the report submitted by applicant groups to the extent requested by the legislative committees. [1989 1st ex.s. c 9 § 305; 1984 c 279 § 59.] 18.120.040 Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. Severability—1984 c 279: See RCW 18.130.901. 18.120.050 Continuing education requirements— Legislative proposals—Evidence of effectiveness. Requirements for licensees to engage in continuing education as a condition of continued licensure has not been proven to be an effective method of guaranteeing or improving the competence of licensees or the quality of care received by the consumer. The legislature has serious reservations concerning the appropriateness of mandated continuing education. Any legislative proposal which contains a continuing education requirement should be accompanied by evidence that such a requirement has been proven effective for the profession addressed in the legislation. [1984 c 279 § 58.] 18.120.050 Severability—1984 c 279: See RCW 18.130.901. 18.120.900 Short title. This chapter may be known and cited as the Washington regulation of health professions act. [1983 c 168 § 4.] 18.120.900 18.120.910 Severability—1983 c 168. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the 18.120.910 (2008 Ed.) Regulation of Health Professions—Uniform Administrative Provisions provision to other persons or circumstances is not affected. [1983 c 168 § 17.] Chapter 18.122 Chapter 18.122 RCW REGULATION OF HEALTH PROFESSIONS— UNIFORM ADMINISTRATIVE PROVISIONS Sections 18.122.010 18.122.020 18.122.030 18.122.040 18.122.050 18.122.060 18.122.070 18.122.080 18.122.090 18.122.100 18.122.110 18.122.120 18.122.130 18.122.140 18.122.150 18.122.160 18.122.900 18.122.901 Legislative intent. Definitions. Registration, certification, and licensure. Exemptions. Powers of secretary. Record of proceedings. Advisory committees. Credentialing requirements. Approval of educational programs. Examinations. Applications. Waiver of examination for initial applications. Endorsement. Renewals. Application of uniform disciplinary act. Application of chapter. Section captions. Severability—1987 c 150. 18.122.010 Legislative intent. The legislature takes note of the burgeoning number of bills proposed to regulate new health and health-related professions and occupations. The legislature further recognizes the number of allied health professions seeking independent practice. Potentially at least one hundred forty-five discrete health professions and occupations are recognized nationally, with at least two hundred fifty secondary job classifications. A uniform and streamlined credentialing process needs to be established to permit the department of health to administer the health professional regulatory programs in the most cost-effective, accountable, and uniform manner. The public interest will be served by establishing uniform administrative provisions for the regulated professions under the jurisdiction of the department of health regulated after July 26, 1987. [1989 1st ex.s. c 9 § 306; 1987 c 150 § 61.] 18.122.010 Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. 18.122.020 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) To "credential" means to license, certify, or register an applicant. (2) "Department" means the department of health. (3) "Secretary" means the secretary of health or the secretary’s designee. (4) "Health profession" means a profession providing health services regulated under the laws of this state and under which laws this statute is specifically referenced. (5) "Credential" means the license, certificate, or registration issued to a person. [1989 1st ex.s. c 9 § 307; 1987 c 150 § 62.] 18.122.020 Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. (2008 Ed.) 18.122.050 18.122.030 Registration, certification, and licensure. (1) The three levels of professional credentialing as defined in chapter 18.120 RCW are: (a) Registration, which is the least restrictive, and requires formal notification of the department of health identifying the practitioner, and does not require qualifying examinations; (b) Certification, which is a voluntary process recognizing an individual who qualifies by examination and meets established educational prerequisites, and which protects the title of practice; and (c) Licensure, which is the most restrictive and requires qualification by examination and educational prerequisites of a practitioner whose title is protected and whose scope of practice is restricted to only those licensed. (2) No person may practice or represent oneself as a practitioner of a health profession by use of any title or description of services without being registered to practice by the department of health, unless otherwise exempted by this chapter. (3) No person may represent oneself as certified or use any title or description of services without applying for certification, meeting the required qualifications, and being certified by the department of health, unless otherwise exempted by this chapter. (4) No person may represent oneself as licensed, use any title or description of services, or engage in any practice without applying for licensure, meeting the required qualifications, and being licensed by the department of health, unless otherwise exempted by this chapter. [1989 1st ex.s. c 9 § 308; 1987 c 150 § 63.] 18.122.030 Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. 18.122.040 Exemptions. Nothing in this chapter shall be construed to prohibit or restrict: (1) The practice by an individual licensed, certified, or registered under the laws of this state and performing services within the authorized scope of practice; (2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States; (3) The practice by a person who is a regular student in an educational program approved by the secretary, and whose performance of services is pursuant to a regular course of instruction or assignments from an instructor and under the general supervision of the instructor. [1991 c 3 § 260; 1987 c 150 § 64.] 18.122.040 18.122.050 Powers of secretary. In addition to any other authority provided by law, the secretary has the authority to: (1) Adopt rules under chapter 34.05 RCW necessary to implement this chapter; (2) Establish all credentialing, examination, and renewal fees in accordance with RCW 43.70.250; (3) Establish forms and procedures necessary to administer this chapter; (4) Register any applicants, and to issue certificates or licenses to applicants who have met the education, training, and examination requirements for licensure or certification 18.122.050 [Title 18 RCW—page 309] 18.122.060 Title 18 RCW: Businesses and Professions and to deny a credential to applicants who do not meet the minimum qualifications, except that proceedings concerning the denial of credentials based upon unprofessional conduct or impairment shall be governed by the uniform disciplinary act, chapter 18.130 RCW; (5) Hire clerical, administrative, investigative, and other staff as needed to implement this chapter, and hire individuals credentialed under this chapter to serve as examiners for any practical examinations; (6) Determine minimum education requirements and evaluate and designate those educational programs from which graduation will be accepted as proof of eligibility to take a qualifying examination for applicants for certification or licensure; (7) Prepare, grade, and administer, or determine the nature of, and supervise the grading and administration of, examinations for applicants for certification or licensure; (8) Determine whether alternative methods of training are equivalent to formal education, and establish forms, procedures, and criteria for evaluation of an applicant’s alternative training to determine the applicant’s eligibility to take any qualifying examination; (9) Determine which states have credentialing requirements equivalent to those of this state, and issue credentials to individuals credentialed in those states without examinations; (10) Define and approve any experience requirement for credentialing; (11) Implement and administer a program for consumer education; (12) Adopt rules implementing a continuing competency program; (13) Maintain the official department record of all applicants and licensees; and (14) Establish by rule the procedures for an appeal of an examination failure. [1989 1st ex.s. c 9 § 309; 1987 c 150 § 65.] Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. 18.122.060 Record of proceedings. The secretary shall keep an official record of all proceedings. A part of the record shall consist of a register of all applicants for credentialing under this chapter and the results of each application. [1991 c 3 § 261; 1987 c 150 § 66.] 18.122.060 18.122.070 Advisory committees. (1) The secretary has the authority to appoint advisory committees to further the purposes of this chapter. Each such committee shall be composed of five members, one member initially appointed for a term of one year, two for a term of two years, and two for a term of three years. Subsequent appointments shall be for terms of three years. No person may serve as a member of the committee for more than two consecutive terms. Members of an advisory committee shall be residents of this state. Each committee shall be composed of three individuals registered, certified, or licensed in the category designated, and two members who represent the public at large and are unaffiliated directly or indirectly with the profession being credentialed. 18.122.070 [Title 18 RCW—page 310] (2) The secretary may remove any member of the advisory committees for cause as specified by rule. In the case of a vacancy, the secretary shall appoint a person to serve for the remainder of the unexpired term. (3) The advisory committees shall each meet at the times and places designated by the secretary and shall hold meetings during the year as necessary to provide advice to the director [secretary]. The committee may elect a chair and a vice chair. A majority of the members currently serving shall constitute a quorum. (4) Each member of an advisory committee shall be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060. In addition, members of the committees shall be compensated in accordance with RCW 43.03.240 when engaged in the authorized business of their committees. (5) The secretary, members of advisory committees, or individuals acting on their behalf are immune from suit in any action, civil or criminal, based on any credentialing or disciplinary proceedings or other official acts performed in the course of their duties. [1991 c 3 § 262; 1987 c 150 § 67.] 18.122.080 18.122.080 Credentialing requirements. (1) The secretary shall issue a license or certificate, as appropriate, to any applicant who demonstrates to the secretary’s satisfaction that the following requirements have been met: (a) Graduation from an educational program approved by the secretary or successful completion of alternate training meeting established criteria; (b) Successful completion of an approved examination; and (c) Successful completion of any experience requirement established by the secretary. (2) The secretary shall establish by rule what constitutes adequate proof of meeting the criteria. (3) In addition, applicants shall be subject to the grounds for denial of a license or certificate or issuance of a conditional license or certificate under chapter 18.130 RCW. (4) The secretary shall issue a registration to any applicant who completes an application which identifies the name and address of the applicant, the registration being requested, and information required by the secretary necessary to establish whether there are grounds for denial of a registration or issuance of a conditional registration under chapter 18.130 RCW. [1991 c 3 § 263; 1987 c 150 § 68.] 18.122.090 18.122.090 Approval of educational programs. The secretary shall establish by rule the standards and procedures for approval of educational programs and alternative training. The secretary may utilize or contract with individuals or organizations having expertise in the profession or in education to assist in the evaluations. The secretary shall establish by rule the standards and procedures for revocation of approval of education programs. The standards and procedures set shall apply equally to educational programs and training in the United States and in foreign jurisdictions. The secretary may establish a fee for educational program evaluations. [1991 c 3 § 264; 1987 c 150 § 69.] (2008 Ed.) Regulation of Health Professions—Uniform Disciplinary Act 18.122.100 Examinations. (1) The date and location of examinations shall be established by the secretary. Applicants who have been found by the secretary to meet the other requirements for licensure or certification shall be scheduled for the next examination following the filing of the application. The secretary shall establish by rule the examination application deadline. (2) The secretary or the secretary’s designees shall examine each applicant, by means determined most effective, on subjects appropriate to the scope of practice, as applicable. Such examinations shall be limited to the purpose of determining whether the applicant possesses the minimum skill and knowledge necessary to practice competently. (3) The examination papers, all grading of the papers, and the grading of any practical work shall be preserved for a period of not less than one year after the secretary has made and published the decisions. All examinations shall be conducted under fair and wholly impartial methods. (4) Any applicant failing to make the required grade in the first examination may take up to three subsequent examinations as the applicant desires upon prepaying a fee determined by the secretary under RCW 43.70.250 for each subsequent examination. Upon failing four examinations, the secretary may invalidate the original application and require such remedial education before the person may take future examinations. (5) The secretary may approve an examination prepared or administered by a private testing agency or association of licensing agencies for use by an applicant in meeting the credentialing requirements. [1989 1st ex.s. c 9 § 310; 1987 c 150 § 70.] 18.122.100 Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. 18.122.110 Applications. Applications for credentialing shall be submitted on forms provided by the secretary. The secretary may require any information and documentation which reasonably relates to the need to determine whether the applicant meets the criteria for credentialing provided for in this chapter and chapter 18.130 RCW. Each applicant shall pay a fee determined by the secretary under RCW 43.70.250. The fee shall accompany the application. [1989 1st ex.s. c 9 § 311; 1987 c 150 § 71.] 18.122.110 Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. lent to the standards in this state. [1991 c 3 § 266; 1987 c 150 § 73.] 18.122.140 Renewals. The secretary shall establish by rule the procedural requirements and fees for renewal of a credential. Failure to renew shall invalidate the credential and all privileges granted by the credential. If a license or certificate has lapsed for a period longer than three years, the person shall demonstrate competence to the satisfaction of the secretary by taking continuing education courses, or meeting other standards determined by the secretary. [1991 c 3 § 267; 1987 c 150 § 74.] 18.122.140 18.122.150 Application of uniform disciplinary act. The uniform disciplinary act, chapter 18.130 RCW, shall govern the issuance and denial of credentials, unauthorized practice, and the discipline of persons credentialed under this chapter. The secretary shall be the disciplining authority under this chapter. [1991 c 3 § 268; 1987 c 150 § 75.] 18.122.150 18.122.160 Application of chapter. This chapter only applies to a business or profession regulated under the laws of this state if this chapter is specifically referenced in the laws regulating that business or profession. [1987 c 150 § 76.] 18.122.160 18.122.900 Section captions. Section captions as used in this chapter do not constitute any part of the law. [1987 c 150 § 77.] 18.122.900 18.122.901 Severability—1987 c 150. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1987 c 150 § 80.] 18.122.901 Chapter 18.130 RCW REGULATION OF HEALTH PROFESSIONS— UNIFORM DISCIPLINARY ACT Chapter 18.130 Sections 18.130.010 18.130.020 18.130.035 18.130.037 18.130.040 18.130.045 18.122.120 Waiver of examination for initial applications. The secretary shall waive the examination and credential a person authorized to practice within the state of Washington if the secretary determines that the person meets commonly accepted standards of education and experience for the profession. This section applies only to those individuals who file an application for waiver within one year of the establishment of the authorized practice. [1991 c 3 § 265; 1987 c 150 § 72.] 18.122.120 18.122.130 Endorsement. An applicant holding a credential in another state may be credentialed to practice in this state without examination if the secretary determines that the other state’s credentialing standards are substantially equiva18.122.130 (2008 Ed.) Chapter 18.130 18.130.050 18.130.055 18.130.060 18.130.062 18.130.064 18.130.065 18.130.070 18.130.075 18.130.080 18.130.085 18.130.090 18.130.095 18.130.098 18.130.100 Intent. Definitions. Background check activities—Fees. Application and renewal fees. Application to certain professions—Authority of secretary— Grant or denial of licenses—Procedural rules. Massage practitioners—Procedures governing convicted prostitutes. Authority of disciplining authority. Authority of disciplining authority—Denial of applications. Additional authority of secretary. Authority of secretary—Disciplinary process—Sexual misconduct. Authority and duties—Secretary and disciplining authority— Background checks. Rules, policies, and orders—Secretary’s role. Rules requiring reports—Court orders—Immunity from liability—Licensees required to report. Temporary practice permits—Penalties. Unprofessional conduct—Complaint—Investigation—Civil penalty. Communication with complainant. Statement of charge—Request for hearing. Uniform procedural rules. Settlement—Disclosure—Conference. Hearings—Adjudicative proceedings under chapter 34.05 RCW. [Title 18 RCW—page 311] 18.130.010 18.130.110 18.130.120 18.130.125 18.130.127 18.130.130 18.130.135 18.130.140 18.130.150 18.130.160 18.130.165 18.130.170 18.130.172 18.130.175 18.130.180 18.130.185 18.130.186 18.130.190 18.130.195 18.130.200 18.130.210 18.130.230 18.130.250 18.130.270 18.130.300 18.130.310 18.130.340 18.130.350 18.130.360 18.130.370 18.130.380 18.130.390 18.130.900 18.130.901 Title 18 RCW: Businesses and Professions Findings of fact—Order—Report. Actions against license—Exception. License suspension—Nonpayment or default on educational loan or scholarship. License suspension—Noncompliance with support order— Reissuance. Orders—When effective—Stay. Suspension or restriction orders—Show cause hearing. Appeal. Reinstatement. Finding of unprofessional conduct—Orders—Sanctions— Stay—Costs—Stipulations. Enforcement of fine. Capacity of license holder to practice—Hearing—Mental or physical examination—Implied consent. Evidence summary and stipulations. Voluntary substance abuse monitoring programs. Unprofessional conduct. Injunctive relief for violations of RCW 18.130.170 or 18.130.180. Voluntary substance abuse monitoring program—Content— License surcharge. Practice without license—Investigation of complaints—Cease and desist orders—Injunctions—Penalties. Violation of injunction—Penalty. Fraud or misrepresentation in obtaining or maintaining a license—Penalty. Crime by license holder—Notice to attorney general or county prosecuting attorney. Production of documents—Administrative fines. Retired active license status. Continuing competency pilot projects. Immunity from liability. Annual report—Contents—Format. Opiate therapy guidelines. Application—Use of records or exchange of information not affected. Retired volunteer medical worker license—Supervision— Rules. Prohibition on practicing in another state—Prohibited from practicing in this state until proceedings of appropriate disciplining authority are completed. Budget request—Specification of employees designated as investigators and attorneys—Development of formula— Joint legislative audit and review committee report. Sanctioning schedule—Development. Short title—Applicability. Severability—1984 c 279. AIDS education and training: Chapter 70.24 RCW. 18.130.010 Intent. It is the intent of the legislature to strengthen and consolidate disciplinary and licensure procedures for the licensed health and health-related professions and businesses by providing a uniform disciplinary act with standardized procedures for the licensure of health care professionals and the enforcement of laws the purpose of which is to assure the public of the adequacy of professional competence and conduct in the healing arts. It is also the intent of the legislature that all health and health-related professions newly credentialed by the state come under the Uniform Disciplinary Act. Further, the legislature declares that the addition of public members on all health care commissions and boards can give both the state and the public, which it has a statutory responsibility to protect, assurances of accountability and confidence in the various practices of health care. [1994 sp.s. c 9 § 601; 1991 c 332 § 1; 1986 c 259 § 1; 1984 c 279 § 1.] 18.130.010 Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Application to scope of practice—1991 c 332: "Nothing in sections 1 through 39 of this act is intended to change the scope of practice of any health care profession referred to in sections 1 through 39 of this act." [1991 c 332 § 46.] Captions not law—1991 c 332: "Section captions and part headings as used in this act constitute no part of the law." [1991 c 332 § 43.] [Title 18 RCW—page 312] Severability—1986 c 259: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1986 c 259 § 152.] 18.130.020 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Board" means any of those boards specified in RCW 18.130.040. (2) "Clinical expertise" means the proficiency or judgment that a license holder in a particular profession acquires through clinical experience or clinical practice and that is not possessed by a lay person. (3) "Commission" means any of the commissions specified in RCW 18.130.040. (4) "Department" means the department of health. (5) "Disciplinary action" means sanctions identified in RCW 18.130.160. (6) "Disciplining authority" means the agency, board, or commission having the authority to take disciplinary action against a holder of, or applicant for, a professional or business license upon a finding of a violation of this chapter or a chapter specified under RCW 18.130.040. (7) "Health agency" means city and county health departments and the department of health. (8) "License," "licensing," and "licensure" shall be deemed equivalent to the terms "license," "licensing," "licensure," "certificate," "certification," and "registration" as those terms are defined in RCW 18.120.020. (9) "Practice review" means an investigative audit of records related to the complaint, without prior identification of specific patient or consumer names, or an assessment of the conditions, circumstances, and methods of the professional’s practice related to the complaint, to determine whether unprofessional conduct may have been committed. (10) "Secretary" means the secretary of health or the secretary’s designee. (11) "Standards of practice" means the care, skill, and learning associated with the practice of a profession. (12) "Unlicensed practice" means: (a) Practicing a profession or operating a business identified in RCW 18.130.040 without holding a valid, unexpired, unrevoked, and unsuspended license to do so; or (b) Representing to a consumer, through offerings, advertisements, or use of a professional title or designation, that the individual is qualified to practice a profession or operate a business identified in RCW 18.130.040, without holding a valid, unexpired, unrevoked, and unsuspended license to do so. [2008 c 134 § 2; 1995 c 336 § 1; 1994 sp.s. c 9 § 602; 1989 1st ex.s. c 9 § 312; 1986 c 259 § 2; 1984 c 279 § 2.] 18.130.020 Alphabetization—2008 c 134 § 2: "The code reviser is directed to put the defined terms in RCW 18.130.020 in alphabetical order." [2008 c 134 § 39.] Finding—Intent—2008 c 134: "From statehood, Washington has constitutionally provided for the regulation of the practice of medicine and the sale of drugs and medicines. This constitutional recognition of the importance of regulating health care practitioners derives not from providers’ financial interest in their license, but from the greater need to protect the public health and safety by assuring that the health care providers and medicines that society relies upon meet certain standards of quality. The legislature finds that the issuance of a license to practice as a health (2008 Ed.) Regulation of Health Professions—Uniform Disciplinary Act care provider should be a means to promote quality and not be a means to provide financial benefit for providers. Statutory and administrative requirements provide sufficient due process protections to prevent the unwarranted revocation of a health care provider’s license. While those due process protections must be maintained, there is an urgent need to return to the original constitutional mandate that patients be ensured quality from their health care providers. The legislature has recognized and medical malpractice reforms have recognized the importance of quality and patient safety through such measures as a new adverse events reporting system. Reforms to the health care provider licensing system is another step toward improving quality in health care. Therefore, the legislature intends to increase the authority of those engaged in the regulation of health care providers to swiftly identify and remove health care providers who pose a risk to the public." [2008 c 134 § 1.] Severability—2008 c 134: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2008 c 134 § 38.] Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. Severability—1986 c 259: See note following RCW 18.130.010. 18.130.035 Background check activities—Fees. In accordance with RCW 43.135.055, to implement the background check activities conducted pursuant to RCW 18.130.064, the department may establish fees as necessary to recover the cost of these activities and, except as precluded by RCW 43.70.110, the department shall require applicants to submit the required fees along with other information required by the state patrol. [2008 c 285 § 12.] 18.130.035 Intent—Captions not law—Effective date—2008 c 285: See notes following RCW 43.22.434. 18.130.037 Application and renewal fees. In accordance with RCW 43.135.055, the department may annually increase application and renewal fees as necessary to recover the cost of implementing the administrative and disciplinary provisions of chapter 134, Laws of 2008. [2008 c 285 § 13.] 18.130.037 Intent—Captions not law—Effective date—2008 c 285: See notes following RCW 43.22.434. 18.130.040 Application to certain professions— Authority of secretary—Grant or denial of licenses—Procedural rules. (1) This chapter applies only to the secretary and the boards and commissions having jurisdiction in relation to the professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section. (2)(a) The secretary has authority under this chapter in relation to the following professions: (i) Dispensing opticians licensed and designated apprentices under chapter 18.34 RCW; (ii) Naturopaths licensed under chapter 18.36A RCW; (iii) Midwives licensed under chapter 18.50 RCW; (iv) Ocularists licensed under chapter 18.55 RCW; (v) Massage operators and businesses licensed under chapter 18.108 RCW; (vi) Dental hygienists licensed under chapter 18.29 RCW; (vii) Acupuncturists licensed under chapter 18.06 RCW; 18.130.040 (2008 Ed.) 18.130.040 (viii) Radiologic technologists certified and X-ray technicians registered under chapter 18.84 RCW; (ix) Respiratory care practitioners licensed under chapter 18.89 RCW; (x) Persons registered under chapter 18.19 RCW; (xi) Persons licensed as mental health counselors, marriage and family therapists, and social workers under chapter 18.225 RCW; (xii) Persons registered as nursing pool operators under chapter 18.52C RCW; (xiii) Nursing assistants registered or certified under chapter 18.88A RCW; (xiv) Health care assistants certified under chapter 18.135 RCW; (xv) Dietitians and nutritionists certified under chapter 18.138 RCW; (xvi) Chemical dependency professionals certified under chapter 18.205 RCW; (xvii) Sex offender treatment providers and certified affiliate sex offender treatment providers certified under chapter 18.155 RCW; (xviii) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205; (xix) Denturists licensed under chapter 18.30 RCW; (xx) Orthotists and prosthetists licensed under chapter 18.200 RCW; (xxi) Surgical technologists registered under chapter 18.215 RCW; (xxii) Recreational therapists; (xxiii) Animal massage practitioners certified under chapter 18.240 RCW; and (xxiv) Athletic trainers licensed under chapter 18.250 RCW. (b) The boards and commissions having authority under this chapter are as follows: (i) The podiatric medical board as established in chapter 18.22 RCW; (ii) The chiropractic quality assurance commission as established in chapter 18.25 RCW; (iii) The dental quality assurance commission as established in chapter 18.32 RCW governing licenses issued under chapter 18.32 RCW and licenses and registrations issued under chapter 18.260 RCW; (iv) The board of hearing and speech as established in chapter 18.35 RCW; (v) The board of examiners for nursing home administrators as established in chapter 18.52 RCW; (vi) The optometry board as established in chapter 18.54 RCW governing licenses issued under chapter 18.53 RCW; (vii) The board of osteopathic medicine and surgery as established in chapter 18.57 RCW governing licenses issued under chapters 18.57 and 18.57A RCW; (viii) The board of pharmacy as established in chapter 18.64 RCW governing licenses issued under chapters 18.64 and 18.64A RCW; (ix) The medical quality assurance commission as established in chapter 18.71 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW; (x) The board of physical therapy as established in chapter 18.74 RCW; [Title 18 RCW—page 313] 18.130.045 Title 18 RCW: Businesses and Professions (xi) The board of occupational therapy practice as established in chapter 18.59 RCW; (xii) The nursing care quality assurance commission as established in chapter 18.79 RCW governing licenses and registrations issued under that chapter; (xiii) The examining board of psychology and its disciplinary committee as established in chapter 18.83 RCW; and (xiv) The veterinary board of governors as established in chapter 18.92 RCW. (3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or deny licenses. The disciplining authority may also grant a license subject to conditions. (4) All disciplining authorities shall adopt procedures to ensure substantially consistent application of this chapter, the Uniform Disciplinary Act, among the disciplining authorities listed in subsection (2) of this section. [2008 c 134 § 18; (2008 c 134 § 17 expired July 1, 2008). Prior: 2007 c 269 § 17; 2007 c 253 § 13; 2007 c 70 § 11; 2004 c 38 § 2; prior: 2003 c 275 § 2; 2003 c 258 § 7; prior: 2002 c 223 § 6; 2002 c 216 § 11; 2001 c 251 § 27; 1999 c 335 § 10; 1998 c 243 § 16; prior: 1997 c 392 § 516; 1997 c 334 § 14; 1997 c 285 § 13; 1997 c 275 § 2; prior: 1996 c 200 § 32; 1996 c 81 § 5; prior: 1995 c 336 § 2; 1995 c 323 § 16; 1995 c 260 § 11; 1995 c 1 § 19 (Initiative Measure No. 607, approved November 8, 1994); prior: 1994 sp.s. c 9 § 603; 1994 c 17 § 19; 1993 c 367 § 4; 1992 c 128 § 6; 1990 c 3 § 810; prior: 1988 c 277 § 13; 1988 c 267 § 22; 1988 c 243 § 7; prior: 1987 c 512 § 22; 1987 c 447 § 18; 1987 c 415 § 17; 1987 c 412 § 15; 1987 c 150 § 1; prior: 1986 c 259 § 3; 1985 c 326 § 29; 1984 c 279 § 4.] Effective date—2008 c 134 § 18: "Section 18 of this act takes effect July 1, 2008." [2008 c 134 § 37.] Expiration date—2008 c 134 § 17: "Section 17 of this act expires July 1, 2008." [2008 c 134 § 36.] Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020. Application—Implementation—2007 c 269: See RCW 18.260.900 and 18.260.901. Severability—Effective date—Implementation—2007 c 253: See RCW 18.250.900 through 18.250.902. Effective date—2004 c 38: See note following RCW 18.155.075. Effective date—2003 c 275 § 2: "Section 2 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003." [2003 c 275 § 4.] Severability—Effective date—2003 c 258: See notes following RCW 18.79.330. Severability—Effective date—2002 c 216: See RCW 18.230.900 and 18.230.901. Severability—2001 c 251: See RCW 18.225.900. Effective dates—1998 c 243: See RCW 18.205.900. Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009. Effective dates—1997 c 334: See note following RCW 18.89.010. Intent—Purpose—1997 c 285: See RCW 18.200.005. Severability—1997 c 285: See RCW 18.200.901. Severability—1996 c 200: See RCW 18.35.902. Effective date—1996 c 81: See note following RCW 70.128.120. Effective date—1995 c 336 §§ 2 and 3: "Sections 2 and 3 of this act are necessary for the immediate preservation of the public peace, health, or [Title 18 RCW—page 314] safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 11, 1995]." [1995 c 336 § 11.] Effective date—1995 c 260 §§ 7-11: "Sections 7 through 11 of this act shall take effect July 1, 1996." [1995 1st sp.s. c 18 § 116; 1995 c 260 § 12.] Short title—Severability—1995 c 1 (Initiative Measure No. 607): See RCW 18.30.900 and 18.30.901. Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Index, part headings not law—Severability—Effective dates— Application—1990 c 3: See RCW 18.155.900 through 18.155.902. Severability—1987 c 512: See RCW 18.19.901. Severability—1987 c 447: See RCW 18.36A.901. Severability—1987 c 415: See RCW 18.89.901. Effective date—Severability—1987 c 412: See RCW 18.84.901 and 18.84.902. Severability—1987 c 150: See RCW 18.122.901. Severability—1986 c 259: See note following RCW 18.130.010. 18.130.045 Massage practitioners—Procedures governing convicted prostitutes. RCW 18.108.085 shall govern the issuance and revocation of licenses issued or applied for under chapter 18.108 RCW to or by persons convicted of violating RCW 9A.88.030, 9A.88.070, 9A.88.080, or 9A.88.090 or equivalent local ordinances. [1995 c 353 § 3.] 18.130.045 18.130.050 Authority of disciplining authority. Except as provided in RCW 18.130.062, the disciplining authority has the following authority: (1) To adopt, amend, and rescind such rules as are deemed necessary to carry out this chapter; (2) To investigate all complaints or reports of unprofessional conduct as defined in this chapter; (3) To hold hearings as provided in this chapter; (4) To issue subpoenas and administer oaths in connection with any investigation, consideration of an application for license, hearing, or proceeding held under this chapter; (5) To take or cause depositions to be taken and use other discovery procedures as needed in any investigation, hearing, or proceeding held under this chapter; (6) To compel attendance of witnesses at hearings; (7) In the course of investigating a complaint or report of unprofessional conduct, to conduct practice reviews and to issue citations and assess fines for failure to produce documents, records, or other items in accordance with RCW 18.130.230; (8) To take emergency action ordering summary suspension of a license, or restriction or limitation of the license holder’s practice pending proceedings by the disciplining authority. Within fourteen days of a request by the affected license holder, the disciplining authority must provide a show cause hearing in accordance with the requirements of RCW 18.130.135. Consistent with RCW 18.130.370, a disciplining authority shall issue a summary suspension of the license or temporary practice permit of a license holder prohibited from practicing a health care profession in another state, federal, or foreign jurisdiction because of an act of unprofessional conduct that is substantially equivalent to an act of unprofessional conduct prohibited by this chapter or any of the chapters specified in RCW 18.130.040. The summary suspension remains in effect until proceedings by the Washington disciplining authority have been completed; 18.130.050 (2008 Ed.) Regulation of Health Professions—Uniform Disciplinary Act (9) To conduct show cause hearings in accordance with RCW 18.130.062 or 18.130.135 to review an action taken by the disciplining authority to suspend a license or restrict or limit a license holder’s practice pending proceedings by the disciplining authority; (10) To use a presiding officer as authorized in RCW 18.130.095(3) or the office of administrative hearings as authorized in chapter 34.12 RCW to conduct hearings. The disciplining authority shall make the final decision regarding disposition of the license unless the disciplining authority elects to delegate in writing the final decision to the presiding officer. Disciplining authorities identified in RCW 18.130.040(2)(b) may not delegate the final decision regarding disposition of the license or imposition of sanctions to a presiding officer in any case pertaining to standards of practice or where clinical expertise is necessary; (11) To use individual members of the boards to direct investigations and to authorize the issuance of a citation under subsection (7) of this section. However, the member of the board shall not subsequently participate in the hearing of the case; (12) To enter into contracts for professional services determined to be necessary for adequate enforcement of this chapter; (13) To contract with license holders or other persons or organizations to provide services necessary for the monitoring and supervision of license holders who are placed on probation, whose professional activities are restricted, or who are for any authorized purpose subject to monitoring by the disciplining authority; (14) To adopt standards of professional conduct or practice; (15) To grant or deny license applications, and in the event of a finding of unprofessional conduct by an applicant or license holder, to impose any sanction against a license applicant or license holder provided by this chapter. After January 1, 2009, all sanctions must be issued in accordance with RCW 18.130.390; (16) To restrict or place conditions on the practice of new licensees in order to protect the public and promote the safety of and confidence in the health care system; (17) To designate individuals authorized to sign subpoenas and statements of charges; (18) To establish panels consisting of three or more members of the board to perform any duty or authority within the board’s jurisdiction under this chapter; (19) To review and audit the records of licensed health facilities’ or services’ quality assurance committee decisions in which a license holder’s practice privilege or employment is terminated or restricted. Each health facility or service shall produce and make accessible to the disciplining authority the appropriate records and otherwise facilitate the review and audit. Information so gained shall not be subject to discovery or introduction into evidence in any civil action pursuant to RCW 70.41.200(3). [2008 c 134 § 3; 2006 c 99 § 4; 1995 c 336 § 4. Prior: 1993 c 367 § 21; 1993 c 367 § 5; 1987 c 150 § 2; 1984 c 279 § 5.] Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020. Severability—1987 c 150: See RCW 18.122.901. (2008 Ed.) 18.130.055 18.130.055 Authority of disciplining authority— Denial of applications. (1) The disciplining authority may deny an application for licensure or grant a license with conditions if the applicant: (a) Has had his or her license to practice any health care profession suspended, revoked, or restricted, by competent authority in any state, federal, or foreign jurisdiction; (b) Has committed any act defined as unprofessional conduct for a license holder under RCW 18.130.180; (c) Has been convicted or is subject to current prosecution or pending charges of a crime involving moral turpitude or a crime identified in RCW 43.43.830. For purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the prosecution or sentence has been deferred or suspended. At the request of an applicant for an original license whose conviction is under appeal, the disciplining authority may defer decision upon the application during the pendency of such a prosecution or appeal; (d) Fails to prove that he or she is qualified in accordance with the provisions of this chapter, the chapters identified in RCW 18.130.040(2), or the rules adopted by the disciplining authority; or (e) Is not able to practice with reasonable skill and safety to consumers by reason of any mental or physical condition. (i) The disciplining authority may require the applicant, at his or her own expense, to submit to a mental, physical, or psychological examination by one or more licensed health professionals designated by the disciplining authority. The disciplining authority shall provide written notice of its requirement for a mental or physical examination that includes a statement of the specific conduct, event, or circumstances justifying an examination and a statement of the nature, purpose, scope, and content of the intended examination. If the applicant fails to submit to the examination or provide the results of the examination or any required waivers, the disciplining authority may deny the application. (ii) An applicant governed by this chapter is deemed to have given consent to submit to a mental, physical, or psychological examination when directed in writing by the disciplining authority and further to have waived all objections to the admissibility or use of the examining health professional’s testimony or examination reports by the disciplining authority on the grounds that the testimony or reports constitute privileged communications. (2) The provisions of RCW 9.95.240 and chapter 9.96A RCW do not apply to a decision to deny a license under this section. (3) The disciplining authority shall give written notice to the applicant of the decision to deny a license or grant a license with conditions in response to an application for a license. The notice must state the grounds and factual basis for the action and be served upon the applicant. (4) A license applicant who is aggrieved by the decision to deny the license or grant the license with conditions has the right to an adjudicative proceeding. The application for adjudicative proceeding must be in writing, state the basis for contesting the adverse action, include a copy of the adverse notice, and be served on and received by the department within twenty-eight days of the decision. The license applicant has the burden to establish, by a preponderance of evi18.130.055 [Title 18 RCW—page 315] 18.130.060 Title 18 RCW: Businesses and Professions dence, that the license applicant is qualified in accordance with the provisions of this chapter, the chapters identified in RCW 18.130.040(2), and the rules adopted by the disciplining authority. [2008 c 134 § 19.] Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020. 18.130.060 Additional authority of secretary. In addition to the authority specified in RCW 18.130.050 and 18.130.062, the secretary has the following additional authority: (1) To employ such investigative, administrative, and clerical staff as necessary for the enforcement of this chapter. The secretary must, whenever practical, make primary assignments on a long-term basis to foster the development and maintenance of staff expertise. To ensure continuity and best practices, the secretary will regularly evaluate staff assignments and workload distribution; (2) Upon the request of a board or commission, to appoint pro tem members to participate as members of a panel of the board or commission in connection with proceedings specifically identified in the request. Individuals so appointed must meet the same minimum qualifications as regular members of the board or commission. Pro tem members appointed for matters under this chapter are appointed for a term of no more than one year. No pro tem member may serve more than four one-year terms. While serving as board or commission members pro tem, persons so appointed have all the powers, duties, and immunities, and are entitled to the emoluments, including travel expenses in accordance with RCW 43.03.050 and 43.03.060, of regular members of the board or commission. The chairperson of a panel shall be a regular member of the board or commission appointed by the board or commission chairperson. Panels have authority to act as directed by the board or commission with respect to all matters subject to the jurisdiction of the board or commission and within the authority of the board or commission. The authority to act through panels does not restrict the authority of the board or commission to act as a single body at any phase of proceedings within the board’s or commission’s jurisdiction. Board or commission panels may issue final orders and decisions with respect to matters and cases delegated to the panel by the board or commission. Final decisions may be appealed as provided in chapter 34.05 RCW, the administrative procedure act; (3) To establish fees to be paid for witnesses, expert witnesses, and consultants used in any investigation and to establish fees to witnesses in any agency adjudicative proceeding as authorized by RCW 34.05.446; (4) To conduct investigations and practice reviews at the direction of the disciplining authority and to issue subpoenas, administer oaths, and take depositions in the course of conducting those investigations and practice reviews at the direction of the disciplining authority; (5) To have the health professions regulatory program establish a system to recruit potential public members, to review the qualifications of such potential members, and to provide orientation to those public members appointed pursuant to law by the governor or the secretary to the boards and commissions specified in RCW 18.130.040(2)(b), and to the 18.130.060 [Title 18 RCW—page 316] advisory committees and councils for professions specified in RCW 18.130.040(2)(a); and (6) To adopt rules, in consultation with the disciplining authorities, requiring every license holder to report information identified in RCW 18.130.070. [2008 c 134 § 4; 2006 c 99 § 1; 2001 c 101 § 1; 1995 c 336 § 5; 1991 c 3 § 269; 1989 c 175 § 68; 1987 c 150 § 3; 1984 c 279 § 6.] Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020. Effective date—1989 c 175: See note following RCW 34.05.010. Severability—1987 c 150: See RCW 18.122.901. 18.130.062 Authority of secretary—Disciplinary process—Sexual misconduct. With regard to complaints that only allege that a license holder has committed an act or acts of unprofessional conduct involving sexual misconduct, the secretary shall serve as the sole disciplining authority in every aspect of the disciplinary process, including initiating investigations, investigating, determining the disposition of the complaint, holding hearings, preparing findings of fact, issuing orders or dismissals of charges as provided in RCW 18.130.110, entering into stipulations permitted by RCW 18.130.172, or issuing summary suspensions under RCW 18.130.135. The board or commission shall review all cases and only refer to the secretary sexual misconduct cases that do not involve clinical expertise or standard of care issues. [2008 c 134 § 5.] 18.130.062 Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020. 18.130.064 Authority and duties--Secretary and disciplining authority--Background checks. (1)(a) The secretary is authorized to receive criminal history record information that includes nonconviction data for any purpose associated with investigation or licensing and investigate the complete criminal history and pending charges of all applicants and license holders. (b) Dissemination or use of nonconviction data for purposes other than that authorized in this section is prohibited. Disciplining authorities shall restrict the use of background check results in determining the individual’s suitability for a license and in conducting disciplinary functions. (2)(a) The secretary shall establish requirements for each applicant for an initial license to obtain a state background check through the state patrol prior to the issuance of any license. The background check may be fingerprint-based at the discretion of the department. (b) The secretary shall specify those situations where a background check under (a) of this subsection is inadequate and an applicant for an initial license must obtain an electronic fingerprint-based national background check through the state patrol and federal bureau of investigation. Situations where a background check is inadequate may include instances where an applicant has recently lived out of state or where the applicant has a criminal record in Washington. The secretary shall issue a temporary practice permit to an applicant who must have a national background check conducted if the background check conducted under (a) of this subsection does not reveal a criminal record in Washington, and if the applicant meets the provisions of RCW 18.130.075. 18.130.064 (2008 Ed.) Regulation of Health Professions—Uniform Disciplinary Act (3) In addition to the background check required in subsection (2) of this section, an investigation may include an examination of state and national criminal identification data. The disciplining authority shall use the information for determining eligibility for licensure or renewal. The disciplining authority may also use the information when determining whether to proceed with an investigation of a report under RCW 18.130.080. For a national criminal history records check, the department shall require fingerprints be submitted to and searched through the Washington state patrol identification and criminal history section. The Washington state patrol shall forward the fingerprints to the federal bureau of investigation. (4) The secretary shall adopt rules to require license holders to report to the disciplining authority any arrests, convictions, or other determinations or findings by a law enforcement agency occurring after June 12, 2008, for a criminal offense. The report must be made within fourteen days of the conviction. (5) The secretary shall conduct an annual review of a representative sample of all license holders who have previously obtained a background check through the department. The selection of the license holders to be reviewed must be representative of all categories of license holders and geographic locations. (6)(a) When deciding whether or not to issue an initial license, the disciplining authority shall consider the results of any background check conducted under subsection (2) of this section that reveals a conviction for any criminal offense that constitutes unprofessional conduct under this chapter or the chapters specified in RCW 18.130.040(2) or a series of arrests that when considered together demonstrate a pattern of behavior that, without investigation, may pose a risk to the safety of the license holder’s patients. (b) If the background check conducted under subsection (2) of this section reveals any information related to unprofessional conduct that has not been previously disclosed to the disciplining authority, the disciplining authority shall take appropriate disciplinary action against the license holder. (7) The department shall: (a) Require the applicant or license holder to submit full sets of fingerprints if necessary to complete the background check; (b) Require the applicant to submit any information required by the state patrol; and (c) Notify the applicant if their background check reveals a criminal record. Only when the background check reveals a criminal record will an applicant receive a notice. Upon receiving such a notice, the applicant may request and the department shall provide a copy of the record to the extent permitted under RCW 10.97.050, including making accessible to the applicant for their personal use and information any records of arrest, charges, or allegations of criminal conduct or other nonconviction data pursuant to RCW 10.97.050(4). (8) Criminal justice agencies shall provide the secretary with both conviction and nonconviction information that the secretary requests for investigations under this chapter. (9) There is established a unit within the department for the purpose of detection, investigation, and prosecution of any act prohibited or declared unlawful under this chapter. The secretary will employ supervisory, legal, and investiga(2008 Ed.) 18.130.070 tive personnel for the unit who must be qualified by training and experience. [2008 c 134 § 7.] Finding—Intent--Severability--2008 c 134: See notes following RCW 18.130.020. 18.130.065 Rules, policies, and orders—Secretary’s role. The secretary of health shall review and coordinate all proposed rules, interpretive statements, policy statements, and declaratory orders, as defined in chapter 34.05 RCW, that are proposed for adoption or issuance by any health profession board or commission vested with rule-making authority identified under RCW 18.130.040(2)(b). The secretary shall review the proposed policy statements and declaratory orders against criteria that include the effect of the proposed rule, statement, or order upon existing health care policies and practice of health professionals. Within thirty days of the receipt of a proposed rule, interpretive statement, policy statement, or declaratory order from the originating board or commission, the secretary shall inform the board or commission of the results of the review, and shall provide any comments or suggestions that the secretary deems appropriate. Emergency rule making is not subject to this review process. The secretary is authorized to adopt rules and procedures for the coordination and review under this section. [1995 c 198 § 26.] 18.130.065 18.130.070 Rules requiring reports—Court orders— Immunity from liability—Licensees required to report. (Effective until July 1, 2009.) (1)(a) The secretary shall adopt rules requiring every license holder to report to the appropriate disciplining authority any conviction, determination, or finding that another license holder has committed an act which constitutes unprofessional conduct, or to report information to the disciplining authority, an impaired practitioner program, or voluntary substance abuse monitoring program approved by the disciplining authority, which indicates that the other license holder may not be able to practice his or her profession with reasonable skill and safety to consumers as a result of a mental or physical condition. (b) The secretary may adopt rules to require other persons, including corporations, organizations, health care facilities, impaired practitioner programs, or voluntary substance abuse monitoring programs approved by a disciplining authority, and state or local government agencies to report: (i) Any conviction, determination, or finding that a license holder has committed an act which constitutes unprofessional conduct; or (ii) Information to the disciplining authority, an impaired practitioner program, or voluntary substance abuse monitoring program approved by the disciplining authority, which indicates that the license holder may not be able to practice his or her profession with reasonable skill and safety to consumers as a result of a mental or physical condition. (c) If a report has been made by a hospital to the department pursuant to RCW 70.41.210, a report to the disciplining authority is not required. To facilitate meeting the intent of this section, the cooperation of agencies of the federal government is requested by reporting any conviction, determination, or finding that a federal employee or contractor regulated by the disciplining authorities enumerated in this chapter has committed an act which constituted unprofessional 18.130.070 [Title 18 RCW—page 317] 18.130.070 Title 18 RCW: Businesses and Professions conduct and reporting any information which indicates that a federal employee or contractor regulated by the disciplining authorities enumerated in this chapter may not be able to practice his or her profession with reasonable skill and safety as a result of a mental or physical condition. (d) Reporting under this section is not required by: (i) Any entity with a peer review committee, quality improvement committee or other similarly designated professional review committee, or by a license holder who is a member of such committee, during the investigative phase of the respective committee’s operations if the investigation is completed in a timely manner; or (ii) An impaired practitioner program or voluntary substance abuse monitoring program approved by a disciplining authority under RCW 18.130.175 if the license holder is currently enrolled in the treatment program, so long as the license holder actively participates in the treatment program and the license holder’s impairment does not constitute a clear and present danger to the public health, safety, or welfare. (2) If a person fails to furnish a required report, the disciplining authority may petition the superior court of the county in which the person resides or is found, and the court shall issue to the person an order to furnish the required report. A failure to obey the order is a contempt of court as provided in chapter 7.21 RCW. (3) A person is immune from civil liability, whether direct or derivative, for providing information to the disciplining authority pursuant to the rules adopted under subsection (1) of this section. (4)(a) The holder of a license subject to the jurisdiction of this chapter shall report to the disciplining authority: (i) Any conviction, determination, or finding that he or she has committed unprofessional conduct or is unable to practice with reasonable skill or safety; and (ii) Any disqualification from participation in the federal medicare program, under Title XVIII of the federal social security act or the federal medicaid program, under Title XIX of the federal social security act. (b) Failure to report within thirty days of notice of the conviction, determination, finding, or disqualification constitutes grounds for disciplinary action. [2006 c 99 § 2; 2005 c 470 § 2; 1998 c 132 § 8; 1989 c 373 § 19; 1986 c 259 § 4; 1984 c 279 § 7.] Finding—Intent—Severability—1998 c 132: See notes following RCW 18.71.0195. Severability—1989 c 373: See RCW 7.21.900. Severability—1986 c 259: See note following RCW 18.130.010. 18.130.070 Rules requiring reports—Court orders— Immunity from liability—Licensees required to report. (Effective July 1, 2009.) (1)(a) The secretary shall adopt rules requiring every license holder to report to the appropriate disciplining authority any conviction, determination, or finding that another license holder has committed an act which constitutes unprofessional conduct, or to report information to the disciplining authority, an impaired practitioner program, or voluntary substance abuse monitoring program approved by the disciplining authority, which indicates that the other license holder may not be able to practice his or her 18.130.070 [Title 18 RCW—page 318] profession with reasonable skill and safety to consumers as a result of a mental or physical condition. (b) The secretary may adopt rules to require other persons, including corporations, organizations, health care facilities, impaired practitioner programs, or voluntary substance abuse monitoring programs approved by a disciplining authority, and state or local government agencies to report: (i) Any conviction, determination, or finding that a license holder has committed an act which constitutes unprofessional conduct; or (ii) Information to the disciplining authority, an impaired practitioner program, or voluntary substance abuse monitoring program approved by the disciplining authority, which indicates that the license holder may not be able to practice his or her profession with reasonable skill and safety to consumers as a result of a mental or physical condition. (c) If a report has been made by a hospital to the department pursuant to RCW 70.41.210 or by an ambulatory surgical facility pursuant to RCW 70.230.110, a report to the disciplining authority is not required. To facilitate meeting the intent of this section, the cooperation of agencies of the federal government is requested by reporting any conviction, determination, or finding that a federal employee or contractor regulated by the disciplining authorities enumerated in this chapter has committed an act which constituted unprofessional conduct and reporting any information which indicates that a federal employee or contractor regulated by the disciplining authorities enumerated in this chapter may not be able to practice his or her profession with reasonable skill and safety as a result of a mental or physical condition. (d) Reporting under this section is not required by: (i) Any entity with a peer review committee, quality improvement committee or other similarly designated professional review committee, or by a license holder who is a member of such committee, during the investigative phase of the respective committee’s operations if the investigation is completed in a timely manner; or (ii) An impaired practitioner program or voluntary substance abuse monitoring program approved by a disciplining authority under RCW 18.130.175 if the license holder is currently enrolled in the treatment program, so long as the license holder actively participates in the treatment program and the license holder’s impairment does not constitute a clear and present danger to the public health, safety, or welfare. (2) If a person fails to furnish a required report, the disciplining authority may petition the superior court of the county in which the person resides or is found, and the court shall issue to the person an order to furnish the required report. A failure to obey the order is a contempt of court as provided in chapter 7.21 RCW. (3) A person is immune from civil liability, whether direct or derivative, for providing information to the disciplining authority pursuant to the rules adopted under subsection (1) of this section. (4)(a) The holder of a license subject to the jurisdiction of this chapter shall report to the disciplining authority: (i) Any conviction, determination, or finding that he or she has committed unprofessional conduct or is unable to practice with reasonable skill or safety; and (2008 Ed.) Regulation of Health Professions—Uniform Disciplinary Act (ii) Any disqualification from participation in the federal medicare program, under Title XVIII of the federal social security act or the federal medicaid program, under Title XIX of the federal social security act. (b) Failure to report within thirty days of notice of the conviction, determination, finding, or disqualification constitutes grounds for disciplinary action. [2007 c 273 § 23; 2006 c 99 § 2; 2005 c 470 § 2; 1998 c 132 § 8; 1989 c 373 § 19; 1986 c 259 § 4; 1984 c 279 § 7.] Effective date—Implementation—2007 c 273: See RCW 70.230.900 and 70.230.901. Finding—Intent—Severability—1998 c 132: See notes following RCW 18.71.0195. Severability—1989 c 373: See RCW 7.21.900. Severability—1986 c 259: See note following RCW 18.130.010. 18.130.075 Temporary practice permits—Penalties. (1) If an individual licensed in another state that has licensing standards substantially equivalent to Washington applies for a license, the disciplining authority shall issue a temporary practice permit authorizing the applicant to practice the profession pending completion of documentation that the applicant meets the requirements for a license and is also not subject to denial of a license or issuance of a conditional license under this chapter. The temporary permit may reflect statutory limitations on the scope of practice. The permit shall be issued only upon the disciplining authority receiving verification from the states in which the applicant is licensed that the applicant is currently licensed and is not subject to charges or disciplinary action for unprofessional conduct or impairment. Notwithstanding RCW 34.05.422(3), the disciplining authority shall establish, by rule, the duration of the temporary practice permits. (2) Failure to surrender the temporary practice permit is a misdemeanor under RCW 9A.20.010 and shall be unprofessional conduct under this chapter. (3) The issuance of temporary permits is subject to the provisions of this chapter, including summary suspensions. [2003 c 53 § 140; 1991 c 332 § 2.] 18.130.075 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Application to scope of practice—Captions not law—1991 c 332: See notes following RCW 18.130.010. 18.130.080 Unprofessional conduct—Complaint— Investigation—Civil penalty. (1)(a) An individual, an impaired practitioner program, or a voluntary substance abuse monitoring program approved by a disciplining authority, may submit a written complaint to the disciplining authority charging a license holder or applicant with unprofessional conduct and specifying the grounds therefor or to report information to the disciplining authority, or voluntary substance abuse monitoring program, or an impaired practitioner program approved by the disciplining authority, which indicates that the license holder may not be able to practice his or her profession with reasonable skill and safety to consumers as a result of a mental or physical condition. (b)(i) Every license holder, corporation, organization, health care facility, and state and local governmental agency that employs a license holder shall report to the disciplining authority when the employed license holder’s services have 18.130.080 (2008 Ed.) 18.130.080 been terminated or restricted based upon a final determination that the license holder has either committed an act or acts that may constitute unprofessional conduct or that the license holder may not be able to practice his or her profession with reasonable skill and safety to consumers as a result of a mental or physical condition. (ii) All reports required by (b)(i) of this subsection must be submitted to the disciplining authority as soon as possible, but no later than twenty days after a determination has been made. A report should contain the following information, if known: (A) The name, address, and telephone number of the person making the report; (B) The name, address, and telephone number of the license holder being reported; (C) The case number of any patient whose treatment is the subject of the report; (D) A brief description or summary of the facts that gave rise to the issuance of the report, including dates of occurrences; (E) If court action is involved, the name of the court in which the action is filed, the date of filing, and the docket number; and (F) Any further information that would aid in the evaluation of the report. (iii) Mandatory reports required by (b)(i) of this subsection are exempt from public inspection and copying to the extent permitted under chapter 42.56 RCW or to the extent that public inspection or copying of the report would invade or violate a person’s right to privacy as set forth in RCW 42.56.050. (2) If the disciplining authority determines that a complaint submitted under subsection (1) of this section merits investigation, or if the disciplining authority has reason to believe, without a formal complaint, that a license holder or applicant may have engaged in unprofessional conduct, the disciplining authority shall investigate to determine whether there has been unprofessional conduct. In determining whether or not to investigate, the disciplining authority shall consider any prior complaints received by the disciplining authority, any prior findings of fact under RCW 18.130.110, any stipulations to informal disposition under RCW 18.130.172, and any comparable action taken by other state disciplining authorities. (3) Notwithstanding subsection (2) of this section, the disciplining authority shall initiate an investigation in every instance where: (a) The disciplining authority receives information that a health care provider has been disqualified from participating in the federal medicare program, under Title XVIII of the federal social security act, or the federal medicaid program, under Title XIX of the federal social security act; or (b) There is a pattern of complaints, arrests, or other actions that may not have resulted in a formal adjudication of wrongdoing, but when considered together demonstrate a pattern of similar conduct that, without investigation, likely poses a risk to the safety of the license holder’s patients. (4) Failure of a license holder to submit a mandatory report to the disciplining authority under subsection (1)(b) of this section is punishable by a civil penalty not to exceed five hundred dollars and constitutes unprofessional conduct. [Title 18 RCW—page 319] 18.130.085 Title 18 RCW: Businesses and Professions (5) If a report has been made by a hospital to the department under RCW 70.41.210 or an ambulatory surgical facility under RCW 70.230.120, a report to the disciplining authority under subsection (1)(b) of this section is not required. (6) A person is immune from civil liability, whether direct or derivative, for providing information in good faith to the disciplining authority under this section. (7)(a) The secretary is authorized to receive criminal history record information that includes nonconviction data for any purpose associated with the investigation or licensing of persons under this chapter. (b) Dissemination or use of nonconviction data for purposes other than that authorized in this section is prohibited. [2008 c 134 § 8; 2006 c 99 § 5; 1998 c 132 § 9; 1986 c 259 § 5; 1984 c 279 § 8.] Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020. Finding—Intent—Severability—1998 c 132: See notes following RCW 18.71.0195. Severability—1986 c 259: See note following RCW 18.130.010. 18.130.085 Communication with complainant. If the department communicates in writing to a complainant, or his or her representative, regarding his or her complaint, such communication shall not include the address or telephone number of the health care provider against whom he or she has complained. The department shall inform all applicants for a health care provider license of the provisions of this section and chapter 42.56 RCW regarding the release of address and telephone information. [2005 c 274 § 230; 1993 c 360 § 1.] 18.130.085 Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. Effective date—1993 c 360: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 15, 1993]." [1993 c 360 § 3.] 18.130.090 Statement of charge—Request for hearing. (1) If the disciplining authority determines, upon investigation, that there is reason to believe a violation of RCW 18.130.180 has occurred, a statement of charge or charges shall be prepared and served upon the license holder or applicant at the earliest practical time. The statement of charge or charges shall be accompanied by a notice that the license holder or applicant may request a hearing to contest the charge or charges. The license holder or applicant must file a request for hearing with the disciplining authority within twenty days after being served the statement of charges. If the twenty-day limit results in a hardship upon the license holder or applicant, he or she may request for good cause an extension not to exceed sixty additional days. If the disciplining authority finds that there is good cause, it shall grant the extension. The failure to request a hearing constitutes a default, whereupon the disciplining authority may enter a decision on the basis of the facts available to it. (2) If a hearing is requested, the time of the hearing shall be fixed by the disciplining authority as soon as convenient, but the hearing shall not be held earlier than thirty days after 18.130.090 [Title 18 RCW—page 320] service of the charges upon the license holder or applicant. [1993 c 367 § 1; 1986 c 259 § 6; 1984 c 279 § 9.] Severability—1986 c 259: See note following RCW 18.130.010. 18.130.095 18.130.095 Uniform procedural rules. (1)(a) The secretary, in consultation with the disciplining authorities, shall develop uniform procedural rules to respond to public inquiries concerning complaints and their disposition, active investigations, statement of charges, findings of fact, and final orders involving a license holder, applicant, or unlicensed person. The uniform procedural rules adopted under this subsection apply to all adjudicative proceedings conducted under this chapter and shall include provisions for establishing time periods for initial assessment, investigation, charging, discovery, settlement, and adjudication of complaints, and shall include enforcement provisions for violations of the specific time periods by the department, the disciplining authority, and the respondent. A license holder must be notified upon receipt of a complaint, except when the notification would impede an effective investigation. At the earliest point of time the license holder must be allowed to submit a written statement about that complaint, which statement must be included in the file. Complaints filed after July 27, 1997, are exempt from public disclosure under chapter 42.56 RCW until the complaint has been initially assessed and determined to warrant an investigation by the disciplining authority. Complaints determined not to warrant an investigation by the disciplining authority are no longer considered complaints, but must remain in the records and tracking system of the department. Information about complaints that did not warrant an investigation, including the existence of the complaint, may be released only upon receipt of a written public disclosure request or pursuant to an interagency agreement as provided in (b) of this subsection. Complaints determined to warrant no cause for action after investigation are subject to public disclosure, must include an explanation of the determination to close the complaint, and must remain in the records and tracking system of the department. (b) The secretary, on behalf of the disciplining authorities, shall enter into interagency agreements for the exchange of records, which may include complaints filed but not yet assessed, with other state agencies if access to the records will assist those agencies in meeting their federal or state statutory responsibilities. Records obtained by state agencies under the interagency agreements are subject to the limitations on disclosure contained in (a) of this subsection. (2) The uniform procedures for conducting investigations shall provide that prior to taking a written statement: (a) For violation of this chapter, the investigator shall inform such person, in writing of: (i) The nature of the complaint; (ii) that the person may consult with legal counsel at his or her expense prior to making a statement; and (iii) that any statement that the person makes may be used in an adjudicative proceeding conducted under this chapter; and (b) From a witness or potential witness in an investigation under this chapter, the investigator shall inform the person, in writing, that the statement may be released to the license holder, applicant, or unlicensed person under investigation if a statement of charges is issued. (2008 Ed.) Regulation of Health Professions—Uniform Disciplinary Act (3) Only upon the authorization of a disciplining authority identified in RCW 18.130.040(2)(b), the secretary, or his or her designee, may serve as the presiding officer for any disciplinary proceedings of the disciplining authority authorized under this chapter. The presiding officer shall not vote on or make any final decision in cases pertaining to standards of practice or where clinical expertise is necessary. All functions performed by the presiding officer shall be subject to chapter 34.05 RCW. The secretary, in consultation with the disciplining authorities, shall adopt procedures for implementing this subsection. (4) The uniform procedural rules shall be adopted by all disciplining authorities listed in RCW 18.130.040(2), and shall be used for all adjudicative proceedings conducted under this chapter, as defined by chapter 34.05 RCW. The uniform procedural rules shall address the use of a presiding officer authorized in subsection (3) of this section to determine and issue decisions on all legal issues and motions arising during adjudicative proceedings. [2008 c 134 § 9; 2005 c 274 § 231; 1997 c 270 § 1; 1995 c 336 § 6; 1993 c 367 § 2.] Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020. Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. 18.130.098 Settlement—Disclosure—Conference. (1) The settlement process must be substantially uniform for licensees governed by disciplining authorities under this chapter. The disciplinary authorities may also use alternative dispute resolution to resolve complaints during adjudicative proceedings. (2) Disclosure of the identity of reviewing disciplining authority members who participate in the settlement process is available to the respondent or his or her representative upon request. (3) The settlement conference will occur only if a settlement is not achieved through written documents. The respondent will have the opportunity to conference either by phone or in person with the reviewing disciplining authority member if the respondent chooses. The respondent may also have his or her attorney conference either by phone or in person with the reviewing disciplining authority member without the respondent being present personally. (4) If the respondent wants to meet in person with the reviewing disciplining authority member, he or she will travel to the reviewing disciplining authority member and have such a conference with a department representative in attendance either by phone or in person. [1995 c 336 § 7; 1994 sp.s. c 9 § 604.] 18.130.098 Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.130.100 Hearings—Adjudicative proceedings under chapter 34.05 RCW. The procedures governing adjudicative proceedings before agencies under chapter 34.05 RCW, the Administrative Procedure Act, govern all hearings before the disciplining authority. The disciplining authority has, in addition to the powers and duties set forth in this chapter, all of the powers and duties under chapter 34.05 RCW, which include, without limitation, all powers relating to the administration of oaths, the receipt of evidence, the 18.130.100 (2008 Ed.) 18.130.125 issuance and enforcing of subpoenas, and the taking of depositions. [1989 c 175 § 69; 1984 c 279 § 10.] Effective date—1989 c 175: See note following RCW 34.05.010. 18.130.110 Findings of fact—Order—Report. (1) In the event of a finding of unprofessional conduct, the disciplining authority shall prepare and serve findings of fact and an order as provided in chapter 34.05 RCW, the Administrative Procedure Act. If the license holder or applicant is found to have not committed unprofessional conduct, the disciplining authority shall forthwith prepare and serve findings of fact and an order of dismissal of the charges, including public exoneration of the licensee or applicant. The findings of fact and order shall be retained by the disciplining authority as a permanent record. (2) The disciplining authority shall report the issuance of statements of charges and final orders in cases processed by the disciplining authority to: (a) The person or agency who brought to the disciplining authority’s attention information which resulted in the initiation of the case; (b) Appropriate organizations, public or private, which serve the professions; (c) The public. Notification of the public shall include press releases to appropriate local news media and the major news wire services; and (d) Counterpart licensing boards in other states, or associations of state licensing boards. (3) This section shall not be construed to require the reporting of any information which is exempt from public disclosure under chapter 42.56 RCW. [2005 c 274 § 232; 1989 c 175 § 70; 1984 c 279 § 11.] 18.130.110 Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. Effective date—1989 c 175: See note following RCW 34.05.010. 18.130.120 Actions against license—Exception. The department shall not issue any license to any person whose license has been denied, revoked, or suspended by the disciplining authority except in conformity with the terms and conditions of the certificate or order of denial, revocation, or suspension, or in conformity with any order of reinstatement issued by the disciplining authority, or in accordance with the final judgment in any proceeding for review instituted under this chapter. [1984 c 279 § 12.] 18.130.120 18.130.125 License suspension—Nonpayment or default on educational loan or scholarship. The department shall suspend the license of any person who has been certified by a lending agency and reported to the department for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person’s license shall not be reissued until the person provides the department a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a 18.130.125 [Title 18 RCW—page 321] 18.130.127 Title 18 RCW: Businesses and Professions repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the department may impose. [1996 c 293 § 18.] Severability—1996 c 293: See note following RCW 18.04.420. 18.130.127 License suspension—Noncompliance with support order—Reissuance. The secretary shall immediately suspend the license of any person subject to this chapter who has been certified by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order as provided in RCW 74.20A.320. [1997 c 58 § 830.] 18.130.127 *Reviser’s note: 1997 c 58 § 887 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 18.130.130 Orders—When effective—Stay. An order pursuant to proceedings authorized by this chapter, after due notice and findings in accordance with this chapter and chapter 34.05 RCW, or an order of summary suspension entered under this chapter, shall take effect immediately upon its being served. The order, if appealed to the court, shall not be stayed pending the appeal unless the disciplining authority or court to which the appeal is taken enters an order staying the order of the disciplining authority, which stay shall provide for terms necessary to protect the public. [1986 c 259 § 7; 1984 c 279 § 13.] 18.130.130 Severability—1986 c 259: See note following RCW 18.130.010. 18.130.135 Suspension or restriction orders—Show cause hearing. (1) Upon an order of a disciplining authority to summarily suspend a license, or restrict or limit a license ho ld er’s p ractice pur suant to RC W 18 .1 30.05 0 or 18.130.062, the license holder is entitled to a show cause hearing before a panel or the secretary as identified in subsection (2) of this section within fourteen days of requesting a show cause hearing. The license holder must request the show cause hearing within twenty days of the issuance of the order. At the show cause hearing, the disciplining authority has the burden of demonstrating that more probable than not, the license holder poses an immediate threat to the public health and safety. The license holder must request a hearing regarding the statement of charges in accordance with RCW 18.130.090. (2)(a) In the case of a license holder who is regulated by a board or commission identified in RCW 18.130.040(2)(b), the show cause hearing must be held by a panel of the appropriate board or commission. (b) In the case of a license holder who is regulated by the secretary under RCW 18.130.040(2)(a), the show cause hearing must be held by the secretary. (3) At the show cause hearing, the show cause hearing panel or the secretary may consider the statement of charges, the motion, and documents supporting the request for summary action, the respondent’s answer to the statement of charges, and shall provide the license holder with an opportunity to provide documentary evidence and written testimony, and be represented by counsel. Prior to the show cause hearing, the disciplining authority shall provide the license holder with all documentation in support of the charges against the license holder. (4)(a) If the show cause hearing panel or secretary determines that the license holder does not pose an immediate threat to the public health and safety, the panel or secretary may overturn the summary suspension or restriction order. (b) If the show cause hearing panel or secretary determines that the license holder poses an immediate threat to the public health and safety, the summary suspension or restriction order shall remain in effect. The show cause hearing panel or secretary may amend the order as long as the amended order ensures that the license holder will no longer pose an immediate threat to the public health and safety. (5) Within forty-five days of the show cause hearing panel’s or secretary’s determination to sustain the summary suspension or place restrictions on the license, the license holder may request a full hearing on the merits of the disciplining authority’s decision to suspend or restrict the license. A full hearing must be provided within forty-five days of receipt of the request for a hearing, unless stipulated otherwise. [2008 c 134 § 6.] Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020. 18.130.140 Appeal. An individual who has been disciplined, whose license has been denied, or whose license has been granted with conditions by a disciplining authority may appeal the decision as provided in chapter 34.05 RCW. [2008 c 134 § 21; 1984 c 279 § 14.] 18.130.140 Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020. 18.130.135 [Title 18 RCW—page 322] 18.130.150 Reinstatement. A person whose license has been suspended under this chapter may petition the disciplining authority for reinstatement after an interval as determined by the disciplining authority in the order unless the disciplining authority has found, pursuant to RCW 18.130.160, that the licensee can never be rehabilitated or can never regain the ability to practice with reasonable skill and safety. The disciplining authority shall hold hearings on the petition and may deny the petition or may order reinstatement and impose terms and conditions as provided in RCW 18.130.160 and issue an order of reinstatement. The disciplining authority may require successful completion of an examination as a condition of reinstatement. A person whose license has been suspended for noncompliance with a support order or visitation order under RCW 74.20A.320 may petition for reinstatement at any time by providing the secretary a release issued by the department of social and health services stating that the person is in compliance with the order. If the person has continued to meet all other requirements for reinstatement during the suspension, the secretary shall automatically reissue the person’s license 18.130.150 (2008 Ed.) Regulation of Health Professions—Uniform Disciplinary Act upon receipt of the release, and payment of a reinstatement fee, if any. [2008 c 134 § 22; 1997 c 58 § 831; 1984 c 279 § 15.] Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 18.130.160 Finding of unprofessional conduct— Orders—Sanctions—Stay—Costs—Stipulations. Upon a finding, after hearing, that a license holder has committed unprofessional conduct or is unable to practice with reasonable skill and safety due to a physical or mental condition, the disciplining authority shall issue an order including sanctions adopted in accordance with the schedule adopted under RCW 18.130.390 giving proper consideration to any prior findings of fact under RCW 18.130.110, any stipulations to informal disposition under RCW 18.130.172, and any action taken by other in-state or out-of-state disciplining authorities. The order must provide for one or any combination of the following, as directed by the schedule: (1) Revocation of the license; (2) Suspension of the license for a fixed or indefinite term; (3) Restriction or limitation of the practice; (4) Requiring the satisfactory completion of a specific program of remedial education or treatment; (5) The monitoring of the practice by a supervisor approved by the disciplining authority; (6) Censure or reprimand; (7) Compliance with conditions of probation for a designated period of time; (8) Payment of a fine for each violation of this chapter, not to exceed five thousand dollars per violation. Funds received shall be placed in the health professions account; (9) Denial of the license request; (10) Corrective action; (11) Refund of fees billed to and collected from the consumer; (12) A surrender of the practitioner’s license in lieu of other sanctions, which must be reported to the federal data bank. Any of the actions under this section may be totally or partly stayed by the disciplining authority. Safeguarding the public’s health and safety is the paramount responsibility of every disciplining authority. In determining what action is appropriate, the disciplining authority must consider the schedule adopted under RCW 18.130.390. Where the schedule allows flexibility in determining the appropriate sanction, the disciplining authority must first consider what sanctions are necessary to protect or compensate the public. Only after such provisions have been made may the disciplining authority consider and include in the order requirements designed to rehabilitate the license holder. All costs associated with compliance with orders issued under this section are the obligation of the license holder. The disciplining authority may order permanent revocation of a license if it finds that the 18.130.160 (2008 Ed.) 18.130.170 license holder can never be rehabilitated or can never regain the ability to practice with reasonable skill and safety. Surrender or permanent revocation of a license under this section is not subject to a petition for reinstatement under RCW 18.130.150. The disciplining authority may determine that a case presents unique circumstances that the schedule adopted under RCW 18.130.390 does not adequately address. The disciplining authority may deviate from the schedule adopted under RCW 18.130.390 when selecting appropriate sanctions, but the disciplining authority must issue a written explanation of the basis for not following the schedule. The license holder may enter into a stipulated disposition of charges that includes one or more of the sanctions of this section, but only after a statement of charges has been issued and the license holder has been afforded the opportunity for a hearing and has elected on the record to forego such a hearing. The stipulation shall either contain one or more specific findings of unprofessional conduct or inability to practice, or a statement by the license holder acknowledging that evidence is sufficient to justify one or more specified findings of unprofessional conduct or inability to practice. The stipulation entered into pursuant to this subsection shall be considered formal disciplinary action for all purposes. [2008 c 134 § 10. Prior: 2006 c 99 § 6; 2006 c 8 § 104; 2001 c 195 § 1; 1993 c 367 § 6; 1986 c 259 § 8; 1984 c 279 § 16.] Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020. Findings—Intent—Part headings and subheadings not law—Severability—2006 c 8: See notes following RCW 5.64.010. Severability—1986 c 259: See note following RCW 18.130.010. 18.130.165 Enforcement of fine. Where an order for payment of a fine is made as a result of a citation under RCW 18.130.230 or a hearing under RCW 18.130.100 or 18.130.190 and timely payment is not made as directed in the final order, the disciplining authority may enforce the order for payment in the superior court in the county in which the hearing was held. This right of enforcement shall be in addition to any other rights the disciplining authority may have as to any licensee ordered to pay a fine but shall not be construed to limit a licensee’s ability to seek judicial review under RCW 18.130.140. In any action for enforcement of an order of payment of a fine, the disciplining authority’s order is conclusive proof of the validity of the order of payment of a fine and the terms of payment. [2008 c 134 § 23; 1993 c 367 § 20; 1987 c 150 § 4.] 18.130.165 Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020. Severability—1987 c 150: See RCW 18.122.901. 18.130.170 Capacity of license holder to practice— Hearing—Mental or physical examination—Implied consent. (1) If the disciplining authority believes a license holder may be unable to practice with reasonable skill and safety to consumers by reason of any mental or physical condition, a statement of charges in the name of the disciplining authority shall be served on the license holder and notice shall also be issued providing an opportunity for a hearing. The hearing shall be limited to the sole issue of the capacity 18.130.170 [Title 18 RCW—page 323] 18.130.172 Title 18 RCW: Businesses and Professions of the license holder to practice with reasonable skill and safety. If the disciplining authority determines that the license holder is unable to practice with reasonable skill and safety for one of the reasons stated in this subsection, the disciplining authority shall impose such sanctions under RCW 18.130.160 as is deemed necessary to protect the public. (2)(a) In investigating or adjudicating a complaint or report that a license holder may be unable to practice with reasonable skill or safety by reason of any mental or physical condition, the disciplining authority may require a license holder to submit to a mental or physical examination by one or more licensed or certified health professionals designated by the disciplining authority. The license holder shall be provided written notice of the disciplining authority’s intent to order a mental or physical examination, which notice shall include: (i) A statement of the specific conduct, event, or circumstances justifying an examination; (ii) a summary of the evidence supporting the disciplining authority’s concern that the license holder may be unable to practice with reasonable skill and safety by reason of a mental or physical condition, and the grounds for believing such evidence to be credible and reliable; (iii) a statement of the nature, purpose, scope, and content of the intended examination; (iv) a statement that the license holder has the right to respond in writing within twenty days to challenge the disciplining authority’s grounds for ordering an examination or to challenge the manner or form of the examination; and (v) a statement that if the license holder timely responds to the notice of intent, then the license holder will not be required to submit to the examination while the response is under consideration. (b) Upon submission of a timely response to the notice of intent to order a mental or physical examination, the license holder shall have an opportunity to respond to or refute such an order by submission of evidence or written argument or both. The evidence and written argument supporting and opposing the mental or physical examination shall be reviewed by either a panel of the disciplining authority members who have not been involved with the allegations against the license holder or a neutral decision maker approved by the disciplining authority. The reviewing panel of the disciplining authority or the approved neutral decision maker may, in its discretion, ask for oral argument from the parties. The reviewing panel of the disciplining authority or the approved neutral decision maker shall prepare a written decision as to whether: There is reasonable cause to believe that the license holder may be unable to practice with reasonable skill and safety by reason of a mental or physical condition, or the manner or form of the mental or physical examination is appropriate, or both. (c) Upon receipt by the disciplining authority of the written decision, or upon the failure of the license holder to timely respond to the notice of intent, the disciplining authority may issue an order requiring the license holder to undergo a mental or physical examination. All such mental or physical examinations shall be narrowly tailored to address only the alleged mental or physical condition and the ability of the license holder to practice with reasonable skill and safety. An order of the disciplining authority requiring the license holder to undergo a mental or physical examination is not a final order for purposes of appeal. The cost of the examinations ordered by the disciplining authority shall be paid out of [Title 18 RCW—page 324] the health professions account. In addition to any examinations ordered by the disciplining authority, the license holder may submit physical or mental examination reports from licensed or certified health professionals of the license holder’s choosing and expense. (d) If the disciplining authority finds that a license holder has failed to submit to a properly ordered mental or physical examination, then the disciplining authority may order appropriate action or discipline under RCW 18.130.180(9), unless the failure was due to circumstances beyond the person’s control. However, no such action or discipline may be imposed unless the license holder has had the notice and opportunity to challenge the disciplining authority’s grounds for ordering the examination, to challenge the manner and form, to assert any other defenses, and to have such challenges or defenses considered by either a panel of the disciplining authority members who have not been involved with the allegations against the license holder or a neutral decision maker approved by the disciplining authority, as previously set forth in this section. Further, the action or discipline ordered by the disciplining authority shall not be more severe than a suspension of the license, certification, registration, or application until such time as the license holder complies with the properly ordered mental or physical examination. (e) Nothing in this section shall restrict the power of a disciplining authority to act in an emergency under RCW 34.05.422(4), 34.05.479, and 18.130.050(8). (f) A determination by a court of competent jurisdiction that a license holder is mentally incompetent or an individual with mental illness is presumptive evidence of the license holder’s inability to practice with reasonable skill and safety. An individual affected under this section shall at reasonable intervals be afforded an opportunity, at his or her expense, to demonstrate that the individual can resume competent practice with reasonable skill and safety to the consumer. (3) For the purpose of subsection (2) of this section, a license holder governed by this chapter, by making application, practicing, or filing a license renewal, is deemed to have given consent to submit to a mental, physical, or psychological examination when directed in writing by the disciplining authority and further to have waived all objections to the admissibility or use of the examining health professional’s testimony or examination reports by the disciplining authority on the ground that the testimony or reports constitute privileged communications. [2008 c 134 § 11; 1995 c 336 § 8; 1987 c 150 § 6; 1986 c 259 § 9; 1984 c 279 § 17.] Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020. Severability—1987 c 150: See RCW 18.122.901. Severability—1986 c 259: See note following RCW 18.130.010. 18.130.172 Evidence summary and stipulations. (1) Prior to serving a statement of charges under RCW 18.130.090 or 18.130.170, the disciplinary authority may furnish a statement of allegations to the licensee along with a detailed summary of the evidence relied upon to establish the allegations and a proposed stipulation for informal resolution of the allegations. These documents shall be exempt from public disclosure until such time as the allegations are resolved either by stipulation or otherwise. 18.130.172 (2008 Ed.) Regulation of Health Professions—Uniform Disciplinary Act (2) The disciplinary authority and the licensee may stipulate that the allegations may be disposed of informally in accordance with this subsection. The stipulation shall contain a statement of the facts leading to the filing of the complaint; the act or acts of unprofessional conduct alleged to have been committed or the alleged basis for determining that the licensee is unable to practice with reasonable skill and safety; a statement that the stipulation is not to be construed as a finding of either unprofessional conduct or inability to practice; an acknowledgment that a finding of unprofessional conduct or inability to practice, if proven, constitutes grounds for discipline under this chapter; and an agreement on the part of the licensee that the sanctions set forth in RCW 18.130.160, except RCW 18.130.160 (1), (2), (6), and (8), may be imposed as part of the stipulation, except that no fine may be imposed but the licensee may agree to reimburse the disciplinary authority the costs of investigation and processing the complaint up to an amount not exceeding one thousand dollars per allegation; and an agreement on the part of the disciplinary authority to forego further disciplinary proceedings concerning the allegations. A stipulation entered into pursuant to this subsection shall not be considered formal disciplinary action. (3) If the licensee declines to agree to disposition of the charges by means of a stipulation pursuant to subsection (2) of this section, the disciplinary authority may proceed to formal disciplinary action pursuant to RCW 18.130.090 or 18.130.170. (4) Upon execution of a stipulation under subsection (2) of this section by both the licensee and the disciplinary authority, the complaint is deemed disposed of and shall become subject to public disclosure on the same basis and to the same extent as other records of the disciplinary authority. Should the licensee fail to pay any agreed reimbursement within thirty days of the date specified in the stipulation for payment, the disciplinary authority may seek collection of the amount agreed to be paid in the same manner as enforcement of a fine under RCW 18.130.165. [2008 c 134 § 24; 2000 c 171 § 29; 1993 c 367 § 7.] Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020. 18.130.175 Voluntary substance abuse monitoring programs. (1) In lieu of disciplinary action under RCW 18.130.160 and if the disciplining authority determines that the unprofessional conduct may be the result of substance abuse, the disciplining authority may refer the license holder to a voluntary substance abuse monitoring program approved by the disciplining authority. The cost of the treatment shall be the responsibility of the license holder, but the responsibility does not preclude payment by an employer, existing insurance coverage, or other sources. Primary alcoholism or other drug addiction treatment shall be provided by approved treatment programs under RCW 70.96A.020 or by any other provider approved by the entity or the commission. However, nothing shall prohibit the disciplining authority from approving additional services and programs as an adjunct to primary alcoholism or other drug addiction treatment. The disciplining authority may also approve the use of out-of-state programs. Referral of the license holder to the program shall be done only with 18.130.175 (2008 Ed.) 18.130.175 the consent of the license holder. Referral to the program may also include probationary conditions for a designated period of time. If the license holder does not consent to be referred to the program or does not successfully complete the program, the disciplining authority may take appropriate action under RCW 18.130.160 which includes suspension of the license unless or until the disciplining authority, in consultation with the director of the voluntary substance abuse monitoring program, determines the license holder is able to practice safely. The secretary shall adopt uniform rules for the evaluation by the disciplinary authority of a relapse or program violation on the part of a license holder in the substance abuse monitoring program. The evaluation shall encourage program participation with additional conditions, in lieu of disciplinary action, when the disciplinary authority determines that the license holder is able to continue to practice with reasonable skill and safety. (2) In addition to approving substance abuse monitoring programs that may receive referrals from the disciplining authority, the disciplining authority may establish by rule requirements for participation of license holders who are not being investigated or monitored by the disciplining authority for substance abuse. License holders voluntarily participating in the approved programs without being referred by the disciplining authority shall not be subject to disciplinary action under RCW 18.130.160 for their substance abuse, and shall not have their participation made known to the disciplining authority, if they meet the requirements of this section and the program in which they are participating. (3) The license holder shall sign a waiver allowing the program to release information to the disciplining authority if the licensee does not comply with the requirements of this section or is unable to practice with reasonable skill or safety. The substance abuse program shall report to the disciplining authority any license holder who fails to comply with the requirements of this section or the program or who, in the opinion of the program, is unable to practice with reasonable skill or safety. License holders shall report to the disciplining authority if they fail to comply with this section or do not complete the program’s requirements. License holders may, upon the agreement of the program and disciplining authority, reenter the program if they have previously failed to comply with this section. (4) The treatment and pretreatment records of license holders referred to or voluntarily participating in approved programs shall be confidential, shall be exempt from chapter 42.56 RCW, and shall not be subject to discovery by subpoena or admissible as evidence except for monitoring records reported to the disciplining authority for cause as defined in subsection (3) of this section. Monitoring records relating to license holders referred to the program by the disciplining authority or relating to license holders reported to the disciplining authority by the program for cause, shall be released to the disciplining authority at the request of the disciplining authority. Records held by the disciplining authority under this section shall be exempt from chapter 42.56 RCW and shall not be subject to discovery by subpoena except by the license holder. (5) "Substance abuse," as used in this section, means the impairment, as determined by the disciplining authority, of a license holder’s professional services by an addiction to, a [Title 18 RCW—page 325] 18.130.180 Title 18 RCW: Businesses and Professions dependency on, or the use of alcohol, legend drugs, or controlled substances. (6) This section does not affect an employer’s right or ability to make employment-related decisions regarding a license holder. This section does not restrict the authority of the disciplining authority to take disciplinary action for any other unprofessional conduct. (7) A person who, in good faith, reports information or takes action in connection with this section is immune from civil liability for reporting information or taking the action. (a) The immunity from civil liability provided by this section shall be liberally construed to accomplish the purposes of this section and the persons entitled to immunity shall include: (i) An approved monitoring treatment program; (ii) The professional association operating the program; (iii) Members, employees, or agents of the program or association; (iv) Persons reporting a license holder as being possibly impaired or providing information about the license holder’s impairment; and (v) Professionals supervising or monitoring the course of the impaired license holder’s treatment or rehabilitation. (b) The courts are strongly encouraged to impose sanctions on clients and their attorneys whose allegations under this subsection are not made in good faith and are without either reasonable objective, substantive grounds, or both. (c) The immunity provided in this section is in addition to any other immunity provided by law. [2006 c 99 § 7; 2005 c 274 § 233; 1998 c 132 § 10; 1993 c 367 § 3; 1991 c 3 § 270; 1988 c 247 § 2.] Effective date—2006 c 99 § 7: "Section 7 of this act takes effect July 1, 2006." [2006 c 99 § 11.] Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. Finding—Intent—Severability—1998 c 132: See notes following RCW 18.71.0195. Legislative intent—1988 c 247: "Existing law does not provide for a program for rehabilitation of health professionals whose competency may be impaired due to the abuse of alcohol and other drugs. It is the intent of the legislature that the disciplining authorities seek ways to identify and support the rehabilitation of health professionals whose practice or competency may be impaired due to the abuse of drugs or alcohol. The legislature intends that such health professionals be treated so that they can return to or continue to practice their profession in a way which safeguards the public. The legislature specifically intends that the disciplining authorities establish an alternative program to the traditional administrative proceedings against such health professionals." [1988 c 247 § 1.] 18.130.180 Unprofessional conduct. The following conduct, acts, or conditions constitute unprofessional conduct for any license holder under the jurisdiction of this chapter: (1) The commission of any act involving moral turpitude, dishonesty, or corruption relating to the practice of the person’s profession, whether the act constitutes a crime or not. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon such a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder of the crime described in the indictment or information, and of the person’s violation of the statute on which it is based. For the purposes of this sec18.130.180 [Title 18 RCW—page 326] tion, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended. Nothing in this section abrogates rights guaranteed under chapter 9.96A RCW; (2) Misrepresentation or concealment of a material fact in obtaining a license or in reinstatement thereof; (3) All advertising which is false, fraudulent, or misleading; (4) Incompetence, negligence, or malpractice which results in injury to a patient or which creates an unreasonable risk that a patient may be harmed. The use of a nontraditional treatment by itself shall not constitute unprofessional conduct, provided that it does not result in injury to a patient or create an unreasonable risk that a patient may be harmed; (5) Suspension, revocation, or restriction of the individual’s license to practice any health care profession by competent authority in any state, federal, or foreign jurisdiction, a certified copy of the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction; (6) The possession, use, prescription for use, or distribution of controlled substances or legend drugs in any way other than for legitimate or therapeutic purposes, diversion of controlled substances or legend drugs, the violation of any drug law, or prescribing controlled substances for oneself; (7) Violation of any state or federal statute or administrative rule regulating the profession in question, including any statute or rule defining or establishing standards of patient care or professional conduct or practice; (8) Failure to cooperate with the disciplining authority by: (a) Not furnishing any papers, documents, records, or other items; (b) Not furnishing in writing a full and complete explanation covering the matter contained in the complaint filed with the disciplining authority; (c) Not responding to subpoenas issued by the disciplining authority, whether or not the recipient of the subpoena is the accused in the proceeding; or (d) Not providing reasonable and timely access for authorized representatives of the disciplining authority seeking to perform practice reviews at facilities utilized by the license holder; (9) Failure to comply with an order issued by the disciplining authority or a stipulation for informal disposition entered into with the disciplining authority; (10) Aiding or abetting an unlicensed person to practice when a license is required; (11) Violations of rules established by any health agency; (12) Practice beyond the scope of practice as defined by law or rule; (13) Misrepresentation or fraud in any aspect of the conduct of the business or profession; (14) Failure to adequately supervise auxiliary staff to the extent that the consumer’s health or safety is at risk; (15) Engaging in a profession involving contact with the public while suffering from a contagious or infectious disease involving serious risk to public health; (2008 Ed.) Regulation of Health Professions—Uniform Disciplinary Act (16) Promotion for personal gain of any unnecessary or inefficacious drug, device, treatment, procedure, or service; (17) Conviction of any gross misdemeanor or felony relating to the practice of the person’s profession. For the purposes of this subsection, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for conviction and all proceedings in which the sentence has been deferred or suspended. Nothing in this section abrogates rights guaranteed under chapter 9.96A RCW; (18) The procuring, or aiding or abetting in procuring, a criminal abortion; (19) The offering, undertaking, or agreeing to cure or treat disease by a secret method, procedure, treatment, or medicine, or the treating, operating, or prescribing for any health condition by a method, means, or procedure which the licensee refuses to divulge upon demand of the disciplining authority; (20) The willful betrayal of a practitioner-patient privilege as recognized by law; (21) Violation of chapter 19.68 RCW; (22) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the disciplining authority or its authorized representative, or by the use of threats or harassment against any patient or witness to prevent them from providing evidence in a disciplinary proceeding or any other legal action, or by the use of financial inducements to any patient or witness to prevent or attempt to prevent him or her from providing evidence in a disciplinary proceeding; (23) Current misuse of: (a) Alcohol; (b) Controlled substances; or (c) Legend drugs; (24) Abuse of a client or patient or sexual contact with a client or patient; (25) Acceptance of more than a nominal gratuity, hospitality, or subsidy offered by a representative or vendor of medical or health-related products or services intended for patients, in contemplation of a sale or for use in research publishable in professional journals, where a conflict of interest is presented, as defined by rules of the disciplining authority, in consultation with the department, based on recognized professional ethical standards. [2008 c 134 § 25; 1995 c 336 § 9; 1993 c 367 § 22. Prior: 1991 c 332 § 34; 1991 c 215 § 3; 1989 c 270 § 33; 1986 c 259 § 10; 1984 c 279 § 18.] Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020. Application to scope of practice—Captions not law—1991 c 332: See notes following RCW 18.130.010. Severability—1986 c 259: See note following RCW 18.130.010. 18.130.185 Injunctive relief for violations of RCW 18.130.170 or 18.130.180. If a person or business regulated by this chapter violates RCW 18.130.170 or 18.130.180, the attorney general, any prosecuting attorney, the secretary, the board, or any other person may maintain an action in the name of the state of Washington to enjoin the person from committing the violations. The injunction shall not relieve the offender from criminal prosecution, but the remedy by injunction shall be in addition to the liability of the offender 18.130.185 (2008 Ed.) 18.130.190 to criminal prosecution and disciplinary action. [1993 c 367 § 8; 1987 c 150 § 8; 1986 c 259 § 15.] Severability—1987 c 150: See RCW 18.122.901. Severability—1986 c 259: See note following RCW 18.130.010. 18.130.186 Voluntary substance abuse monitoring program—Content—License surcharge. (1) To implement a substance abuse monitoring program for license holders specified under RCW 18.130.040, who are impaired by substance abuse, the disciplinary authority may enter into a contract with a voluntary substance abuse program under RCW 18.130.175. The program may include any or all of the following: (a) Contracting with providers of treatment programs; (b) Receiving and evaluating reports of suspected impairment from any source; (c) Intervening in cases of verified impairment; (d) Referring impaired license holders to treatment programs; (e) Monitoring the treatment and rehabilitation of impaired license holders including those ordered by the disciplinary authority; (f) Providing education, prevention of impairment, posttreatment monitoring, and support of rehabilitated impaired license holders; and (g) Performing other activities as agreed upon by the disciplinary authority. (2) A contract entered into under subsection (1) of this section may be financed by a surcharge on each license issuance or renewal to be collected by the department of health from the license holders of the same regulated health profession. These moneys shall be placed in the health professions account to be used solely for the implementation of the program. [1993 c 367 § 9; 1989 c 125 § 3.] 18.130.186 18.130.190 Practice without license—Investigation of complaints—Cease and desist orders—Injunctions— Penalties. (1) The secretary shall investigate complaints concerning practice by unlicensed persons of a profession or business for which a license is required by the chapters specified in RCW 18.130.040. In the investigation of the complaints, the secretary shall have the same authority as provided the secretary under RCW 18.130.050. (2) The secretary may issue a notice of intention to issue a cease and desist order to any person whom the secretary has reason to believe is engaged in the unlicensed practice of a profession or business for which a license is required by the chapters specified in RCW 18.130.040. The person to whom such notice is issued may request an adjudicative proceeding to contest the charges. The request for hearing must be filed within twenty days after service of the notice of intention to issue a cease and desist order. The failure to request a hearing constitutes a default, whereupon the secretary may enter a permanent cease and desist order, which may include a civil fine. All proceedings shall be conducted in accordance with chapter 34.05 RCW. (3) If the secretary makes a final determination that a person has engaged or is engaging in unlicensed practice, the secretary may issue a cease and desist order. In addition, the secretary may impose a civil fine in an amount not exceeding 18.130.190 [Title 18 RCW—page 327] 18.130.195 Title 18 RCW: Businesses and Professions one thousand dollars for each day upon which the person engaged in unlicensed practice of a business or profession for which a license is required by one or more of the chapters specified in RCW 18.130.040. The proceeds of such fines shall be deposited to the health professions account. (4) If the secretary makes a written finding of fact that the public interest will be irreparably harmed by delay in issuing an order, the secretary may issue a temporary cease and desist order. The person receiving a temporary cease and desist order shall be provided an opportunity for a prompt hearing. The temporary cease and desist order shall remain in effect until further order of the secretary. The failure to request a prompt or regularly scheduled hearing constitutes a default, whereupon the secretary may enter a permanent cease and desist order, which may include a civil fine. (5) Neither the issuance of a cease and desist order nor payment of a civil fine shall relieve the person so practicing or operating a business without a license from criminal prosecution therefor, but the remedy of a cease and desist order or civil fine shall be in addition to any criminal liability. The cease and desist order is conclusive proof of unlicensed practice and may be enforced under RCW 7.21.060. This method of enforcement of the cease and desist order or civil fine may be used in addition to, or as an alternative to, any provisions for enforcement of agency orders set out in chapter 34.05 RCW. (6) The attorney general, a county prosecuting attorney, the secretary, a board, or any person may in accordance with the laws of this state governing injunctions, maintain an action in the name of this state to enjoin any person practicing a profession or business for which a license is required by the chapters specified in RCW 18.130.040 without a license from engaging in such practice or operating such business until the required license is secured. However, the injunction shall not relieve the person so practicing or operating a business without a license from criminal prosecution therefor, but the remedy by injunction shall be in addition to any criminal liability. (7)(a) Unlicensed practice of a profession or operating a business for which a license is required by the chapters specified in RCW 18.130.040, unless otherwise exempted by law, constitutes a gross misdemeanor for a single violation. (b) Each subsequent violation, whether alleged in the same or in subsequent prosecutions, is a class C felony punishable according to chapter 9A.20 RCW. (8) All fees, fines, forfeitures, and penalties collected or assessed by a court because of a violation of this section shall be remitted to the health professions account. [2003 c 53 § 141; 2001 c 207 § 2. Prior: 1995 c 285 § 35; 1993 c 367 § 19; 1991 c 3 § 271; prior: 1989 c 373 § 20; 1989 c 175 § 71; 1987 c 150 § 7; 1986 c 259 § 11; 1984 c 279 § 19.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Purpose—2001 c 207: "The purpose of this act is to respond to State v. Thomas, 103 Wn. App. 800, by reenacting and ranking, without changes, legislation relating to the crime of unlicensed practice of a profession or a business, enacted as section 35, chapter 285, Laws of 1995." [2001 c 207 § 1.] Effective date—2001 c 207: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 7, 2001]." [2001 c 207 § 4.] Effective date—1995 c 285: See RCW 48.30A.900. [Title 18 RCW—page 328] Severability—1989 c 373: See RCW 7.21.900. Effective date—1989 c 175: See note following RCW 34.05.010. Severability—1987 c 150: See RCW 18.122.901. Severability—1986 c 259: See note following RCW 18.130.010. 18.130.195 Violation of injunction—Penalty. A person or business that violates an injunction issued under this chapter shall pay a civil penalty, as determined by the court, of not more than twenty-five thousand dollars, which shall be placed in the health professions account. For the purpose of this section, the superior court issuing any injunction shall retain jurisdiction and the cause shall be continued, and in such cases the attorney general acting in the name of the state may petition for the recovery of civil penalties. [1987 c 150 § 5.] 18.130.195 Severability—1987 c 150: See RCW 18.122.901. 18.130.200 Fraud or misrepresentation in obtaining or maintaining a license—Penalty. A person who attempts to obtain, obtains, or attempts to maintain a license by willful misrepresentation or fraudulent representation is guilty of a gross misdemeanor. [1997 c 392 § 517; 1986 c 259 § 12; 1984 c 279 § 20.] 18.130.200 Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009. Severability—1986 c 259: See note following RCW 18.130.010. 18.130.210 Crime by license holder—Notice to attorney general or county prosecuting attorney. If the disciplining authority determines or has cause to believe that a license holder has committed a crime, the disciplining authority, immediately subsequent to issuing findings of fact and a final order, shall notify the attorney general or the county prosecuting attorney in the county in which the act took place of the facts known to the disciplining authority. [1986 c 259 § 13; 1984 c 279 § 22.] 18.130.210 Severability—1986 c 259: See note following RCW 18.130.010. 18.130.230 Production of documents—Administrative fines. (1)(a) A licensee must produce documents, records, or other items that are within his or her possession or control within twenty-one calendar days of service of a request by a disciplining authority. If the twenty-one calendar day limit results in a hardship upon the licensee, he or she may request, for good cause, an extension not to exceed thirty additional calendar days. (b) In the event the licensee fails to produce the documents, records, or other items as requested by the disciplining authority or fails to obtain an extension of the time for response, the disciplining authority may issue a written citation and assess a fine of up to one hundred dollars per day for each day after the issuance of the citation until the documents, records, or other items are produced. (c) In no event may the administrative fine assessed by the disciplining authority exceed five thousand dollars for each investigation made with respect to the violation. (2) Citations issued under this section must include the following: 18.130.230 (2008 Ed.) Regulation of Health Professions—Uniform Disciplinary Act (a) A statement that the citation represents a determination that the person named has failed to produce documents, records, or other items as required by this section and that the determination is final unless contested as provided in this section; (b) A statement of the specific circumstances; (c) A statement of the monetary fine, which is up to one hundred dollars per day for each day after the issuance of the citation; (d) A statement informing the licensee that if the licensee desires a hearing to contest the finding of a violation, the hearing must be requested by written notice to the disciplining authority within twenty days of the date of issuance of the citation. The hearing is limited to the issue of whether the licensee timely produced the requested documents, records, or other items or had good cause for failure to do so; and (e) A statement that in the event a licensee fails to pay a fine within thirty days of the date of assessment, the full amount of the assessed fine must be added to the fee for renewal of the license unless the citation is being appealed. (3) RCW 18.130.165 governs proof and enforcement of the fine. (4) Administrative fines collected under this section must be deposited in the health professions account created in RCW 43.70.320. (5) Issuance of a citation under this section does not preclude the disciplining authority from pursuing other action under this chapter. (6) The disciplining authority shall establish and make available to licensees the maximum daily monetary fine that may be issued under subsection (2)(c) of this section. The disciplining authority shall review the maximum fine on a regular basis, but at a minimum, each biennium. [2008 c 134 § 20.] Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020. 18.130.250 Retired active license status. The disciplining authority may adopt rules pursuant to this section authorizing a retired active license status. An individual credentialed by a disciplining authority regulated in the state under RCW 18.130.040, who is practicing only in emergent or intermittent circumstances as defined by rule established by the disciplining authority, may hold a retired active license at a reduced renewal fee established by the secretary under RCW 43.70.250. Such a license shall meet the continuing education or continued competency requirements, if any, established by the disciplining authority for renewals, and is subject to the provisions of this chapter. Individuals who have entered into retired status agreements with the disciplinary authority in any jurisdiction shall not qualify for a retired active license under this section. [1991 c 229 § 1.] 18.130.250 18.130.270 Continuing competency pilot projects. The disciplinary authorities are authorized to develop and require licensees’ participation in continuing competency pilot projects for the purpose of developing flexible, costefficient, effective, and geographically accessible competency assurance methods. The secretary shall establish criteria for development of pilot projects and shall select the disciplinary authorities that will participate from among the pro18.130.270 (2008 Ed.) 18.130.310 fessions requesting participation. The department shall administer the projects in mutual cooperation with the disciplinary authority and shall allot and administer the budget for each pilot project. The department shall report to the legislature in January of each odd-numbered year concerning the progress and findings of the projects and shall make recommendations on the expansion of continued competency requirements to other licensed health professions. Each disciplinary authority shall establish its pilot project in rule and may support the projects from a surcharge on each of the affected profession’s license renewal in an amount established by the secretary. [1991 c 332 § 3.] Application to scope of practice—Captions not law—1991 c 332: See notes following RCW 18.130.010. 18.130.300 Immunity from liability. (1) The secretary, members of the boards or commissions, or individuals acting on their behalf are immune from suit in any action, civil or criminal, based on any disciplinary proceedings or other official acts performed in the course of their duties. (2) A voluntary substance abuse monitoring program or an impaired practitioner program approved by a disciplining authority, or individuals acting on their behalf, are immune from suit in a civil action based on any disciplinary proceedings or other official acts performed in the course of their duties. [1998 c 132 § 11; 1994 sp.s. c 9 § 605; 1993 c 367 § 10; 1984 c 279 § 21.] 18.130.300 Finding—Intent—Severability—1998 c 132: See notes following RCW 18.71.0195. Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.130.310 Annual report—Contents—Format. (1) Subject to RCW 40.07.040, the disciplinary authority shall submit an annual report to the legislature on its proceedings during the year, detailing the number of complaints made, investigated, and adjudicated and manner of disposition. In addition, the report must provide data on the department’s background check activities conducted under RCW 18.130.064 and the effectiveness of those activities in identifying potential license holders who may not be qualified to practice safely. The report must summarize the distribution of the number of cases assigned to each attorney and investigator for each profession. The identity of the attorney and investigator must remain anonymous. The report may include recommendations for improving the disciplinary process, including proposed legislation. The department shall develop a uniform report format. (2) Each disciplining authority identified in RCW 18.130.040(2)(b) may submit an annual report to complement the report required under subsection (1) of this section. Each report may provide additional information about the disciplinary activities, rule-making and policy activities, and receipts and expenditures for the individual disciplining authority. [2008 c 134 § 13; 1989 1st ex.s. c 9 § 313; 1987 c 505 § 5; 1984 c 279 § 23.] 18.130.310 Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020. Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. [Title 18 RCW—page 329] 18.130.340 Title 18 RCW: Businesses and Professions 18.130.340 Opiate therapy guidelines. The secretary of health shall coordinate and assist the regulatory boards and commissions of the health professions with prescriptive authority in the development of uniform guidelines for addressing opiate therapy for acute pain, and chronic pain associated with cancer and other terminal diseases, or other chronic or intractable pain conditions. The purpose of the guidelines is to assure the provision of effective medical treatment in accordance with recognized national standards and consistent with requirements of the public health and safety. [1995 c 336 § 10.] 18.130.340 18.130.350 Application—Use of records or exchange of information not affected. This chapter does not affect the use of records, obtained from the secretary or the disciplining authorities, in any existing investigation or action by any state agency. Nor does this chapter limit any existing exchange of information between the secretary or the disciplining authorities and other state agencies. [1997 c 270 § 3.] 18.130.350 18.130.360 Retired volunteer medical worker license—Supervision—Rules. (1) As used in this section, "emergency or disaster" has the same meaning as in RCW 38.52.010. (2) The secretary shall issue a retired volunteer medical worker license to any applicant who: (a) Has held an active license issued by a disciplining authority under RCW 18.130.040 no more than ten years prior to applying for an initial license under this section; (b) Does not have any current restrictions on the ability to obtain a license for violations of this chapter; and (c) Submits proof of registration as a volunteer with a local organization for emergency services or management as defined by chapter 38.52 RCW. (3) License holders under this section must be supervised and may practice only those duties that correspond to the scope of their emergency worker assignment not to exceed their scope of practice prior to retirement. (4) The department shall adopt rules and policies to implement this section. (5) The department shall establish standards for the renewal of licenses issued under this section, including continuing competency requirements. (6) License holders under this section are subject to the provisions of this chapter as they may apply to the issuance and denial of credentials, unauthorized practice, and discipline for acts of unprofessional conduct. (7) Nothing in this section precludes a health care professional who holds an active license from providing medical services during an emergency or disaster. (8) The cost of regulatory activities for license holders under this section must be borne in equal proportion by all health care providers holding a license issued by a disciplining authority under RCW 18.130.040. [2006 c 72 § 1.] 18.130.360 18.130.370 Prohibition on practicing in another state--Prohibited from practicing in this state until proceedings of appropriate disciplining authority are completed. Any individual who applies for a license or temporary practice permit or holds a license or temporary practice permit and is prohibited from practicing a health care profes18.130.370 [Title 18 RCW—page 330] sion in another state because of an act of unprofessional conduct that is substantially equivalent to an act of unprofessional conduct prohibited by this chapter or any of the chapters specified in RCW 18.130.040 is prohibited from practicing a health care profession in this state until proceedings of the appropriate disciplining authority have been completed under RCW 18.130.050. [2006 c 99 § 3.] 18.130.380 Budget request--Specification of employees designated as investigators and attorneys--Development of formula--Joint legislative audit and review committee report. (Expires July 1, 2011.) (1) When developing its biennial budget request for appropriation of the health professions account created in RCW 43.70.320, beginning in the 2007-2009 budget and continuing in subsequent biennia, the department shall specify the number of full-time employees designated as investigators and attorneys and the costs associated with supporting their activities. The department shall also specify the additional full-time employees designated as investigators and attorneys that are required to achieve a staffing level that is able to respond promptly, competently, and appropriately to the workload associated with health professions disciplinary activities and the costs associated with supporting disciplinary activities. In identifying the need for additional staff, the department shall develop a formula based on its prior experience with staff levels compared to the number of providers, complaints, investigations, and other criteria that the department determines is relevant to staffing level decisions. The department must request additional funds for activities that most critically impact public health and safety. The budget request must specify the methodology used for each biennium. (2) The joint legislative audit and review committee, in consultation with the department, shall report to the legislature by December 1, 2010, with recommendations for formulas for determining appropriate staffing levels for investigators and attorneys at the department of health involved in the health professions disciplinary process to achieve prompt, competent, and appropriate responses to complaints of unprofessional conduct. The report must be based upon the department’s prior experience with staff levels compared to the number of providers, complaints, investigations, and other criteria that the department finds are relevant to determining appropriate staffing levels. (3) This section expires July 1, 2011. [2006 c 99 § 9.] 18.130.380 18.130.390 Sanctioning schedule—Development. (1) Each of the disciplining authorities identified in RCW 18.130.040(2)(b) shall appoint a representative to review the secretary’s sanctioning guidelines, as well as guidelines adopted by any of the boards and commissions, and collaborate to develop a schedule that defines appropriate ranges of sanctions that are applicable upon a determination that a license holder has committed unprofessional conduct as defined in this chapter or the chapters specified in RCW 18.130.040(2). The schedule must identify aggravating and mitigating circumstances that may enhance or reduce the sanction imposed by the disciplining authority for unprofessional conduct. The schedule must apply to all disciplining authorities. In addition, the disciplining authorities shall 18.130.390 (2008 Ed.) Health Care Assistants 18.135.020 18.135.050 Certification by health care facility or practitioner—Roster— Recertification. Registering an initial or continuing certification—Fees. Conditions for performing authorized functions—Renal dialysis. Renal dialysis training task force—Development of core competencies. Delegation—Duties of delegator and delegatee. Complaints—Violations—Investigations—Disciplinary action. Performance of authorized functions. Uniform Disciplinary Act. Blood-drawing procedures—Not prohibited by chapter— Requirements. Administration of vaccines—Restrictions. make provisions for instances in which there are multiple findings of unprofessional conduct. When establishing the proposed schedule, the disciplining authorities shall consider maintaining consistent sanction determinations that maximize the protection of the public’s health and while maintaining the rights of health care providers of the different health professions. The disciplining authorities shall submit the proposed schedule and recommendations to modify or adopt the secretary’s guidelines to the secretary no later than November 15, 2008. (2) The secretary shall adopt rules establishing a uniform sanctioning schedule that is consistent with the proposed schedule developed under subsection (1) of this section. The schedule shall be applied to all disciplinary actions commenced under this chapter after January 1, 2009. The secretary shall use his or her emergency rule-making authority pursuant to the procedures under chapter 34.05 RCW, to adopt rules that take effect no later than January 1, 2009, to implement the schedule. (3) The disciplining authority may determine that a case presents unique circumstances that the schedule adopted under this section does not adequately address. The disciplining authority may deviate from the schedule adopted under this section when selecting appropriate sanctions, but the disciplining authority must issue a written explanation in the order of the basis for not following the schedule. (4) The secretary shall report to the legislature by January 15, 2009, on the adoption of the sanctioning schedule. [2008 c 134 § 12.] Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020. 18.130.900 Short title—Applicability. (1) This chapter shall be known and cited as the uniform disciplinary act. (2) This chapter applies to any conduct, acts, or conditions occurring on or after June 11, 1986. (3) This chapter does not apply to or govern the construction of and disciplinary action for any conduct, acts, or conditions occurring prior to June 11, 1986. Such conduct, acts, or conditions must be construed and disciplinary action taken according to the provisions of law existing at the time of the occurrence in the same manner as if this chapter had not been enacted. [1986 c 259 § 14; 1984 c 279 § 24.] 18.130.900 Severability—1986 c 259: See note following RCW 18.130.010. 18.130.901 Severability—1984 c 279. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1984 c 279 § 95.] 18.130.901 Chapter 18.135 Chapter 18.135 RCW HEALTH CARE ASSISTANTS Sections 18.135.010 18.135.020 18.135.025 18.135.030 18.135.040 (2008 Ed.) Practices authorized. Definitions. Rules—Legislative intent. Health care assistant profession—Duties—Requirements for certification—Rules. Certification of health care assistants. 18.135.055 18.135.060 18.135.062 18.135.065 18.135.070 18.135.090 18.135.100 18.135.110 18.135.120 18.135.010 Practices authorized. It is in this state’s public interest that limited authority to: (1) Administer skin tests and subcutaneous, intradermal, intramuscular, and intravenous injections; (2) perform minor invasive procedures to withdraw blood; and (3) administer vaccines in accordance with RCW 18.135.120 be granted to health care assistants who are not so authorized under existing licensing statutes, subject to such regulations as will ensure the protection of the health and safety of the patient. [2008 c 58 § 1; 1984 c 281 § 1.] 18.135.010 18.135.020 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Secretary" means the secretary of health. (2) "Health care assistant" means an unlicensed person who assists a licensed health care practitioner in providing health care to patients pursuant to this chapter. However, persons trained by a federally approved end-stage renal disease facility who perform end-stage renal dialysis in the home setting are exempt from certification under this chapter. (3) "Health care practitioner" means: (a) A physician licensed under chapter 18.71 RCW; (b) An osteopathic physician or surgeon licensed under chapter 18.57 RCW; or (c) Acting within the scope of their respective licensure, a podiatric physician and surgeon licensed under chapter 18.22 RCW, a registered nurse or advanced registered nurse practitioner licensed under chapter 18.79 RCW, a naturopath licensed under chapter 18.36A RCW, a physician assistant licensed under chapter 18.71A RCW, or an osteopathic physician assistant licensed under chapter 18.57A RCW. (4) "Supervision" means supervision of procedures permitted pursuant to this chapter by a health care practitioner who is physically present and is immediately available in the facility during the administration of injections or vaccines, as defined in this chapter, but need not be present during procedures to withdraw blood. (5) "Health care facility" means any hospital, hospice care center, licensed or certified health care facility, health maintenance organization regulated under chapter 48.46 RCW, federally qualified health maintenance organization, renal dialysis center or facility federally approved under 42 C.F.R. 405.2100, blood bank federally licensed under 21 C.F.R. 607, or clinical laboratory certified under 20 C.F.R. 405.1301-16. (6) "Delegation" means direct authorization granted by a licensed health care practitioner to a health care assistant to perform the functions authorized in this chapter which fall 18.135.020 [Title 18 RCW—page 331] 18.135.025 Title 18 RCW: Businesses and Professions within the scope of practice of the delegator and which are not within the scope of practice of the delegatee. [2008 c 58 § 2; 2001 c 22 § 2; 1997 c 133 § 1. Prior: 1994 sp.s. c 9 § 719; 1994 c 76 § 1; 1991 c 3 § 272; 1986 c 115 § 2; 1984 c 281 § 2.] Effective date—2001 c 22 § 2: "Section 2 of this act takes effect March 1, 2002." [2001 c 22 § 5.] Finding—2001 c 22: See note following RCW 18.135.062. Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.135.025 Rules—Legislative intent. The legislature declares that the citizenry of the state of Washington has a right to expect that health care assistants are sufficiently educated and trained to provide the services authorized under this chapter. It is the intent of the legislature that the regulations implementing this chapter and governing the education and occupational qualifications, work experience, instruction and training of health care assistants ensure that the public health and welfare are protected. [1986 c 216 § 1.] 18.135.025 18.135.030 Health care assistant profession— Duties—Requirements for certification—Rules. (1) The secretary or the secretary’s designee may appoint members of the health care assistant profession and other health care practitioners, as defined in RCW 18.135.020(3), to serve in an ad hoc capacity to assist in carrying out the provisions of this chapter. The members shall provide advice on matters specifically identified and requested by the secretary. The members shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060. (2) In addition to any other authority provided by law, the secretary shall adopt rules necessary to: (a) Administer, implement, and enforce this chapter; (b) Establish the minimum requirements necessary for a health care facility or health care practitioner to certify a health care assistant capable of performing the functions authorized in this chapter; and (c) Establish minimum requirements for each and every category of health care assistant. (3) The rules shall be adopted after fair consideration of input from representatives of each category. These requirements shall ensure that the public health and welfare are protected and shall include, but not be limited to, the following factors: (a) The education and occupational qualifications for the health care assistant category; (b) The work experience for the health care assistant category; (c) The instruction and training provided for the health care assistant category; and (d) The types of drugs or diagnostic agents which may be administered by injection by health care assistants working in a hospital or nursing home. The rules established under this subsection shall not prohibit health care assistants working in a health care facility other than a nursing home or hospital from performing the functions authorized under this chapter. [1999 c 151 § 201; 1994 sp.s. c 9 § 515; 1991 c 3 § 273; 1986 c 216 § 2; 1984 c 281 § 4.] 18.135.030 Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010. [Title 18 RCW—page 332] Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.135.040 Certification of health care assistants. A certification issued to a health care assistant pursuant to this chapter shall be authority to perform only the functions authorized in RCW 18.135.010 subject to proper delegation and supervision in the health care facility making the certification or under the supervision of the certifying health care practitioner in other health care facilities or in his or her office or in the residences of research study participants in accordance with RCW 18.135.110. No certification made by one health care facility or health care practitioner is transferrable to another health care facility or health care practitioner. [2006 c 242 § 3; 1984 c 281 § 3.] 18.135.040 Severability—2006 c 242: See note following RCW 18.20.020. 18.135.050 Certification by health care facility or practitioner—Roster—Recertification. (1) Any health care facility may certify a health care assistant to perform the functions authorized in this chapter in that health care facility; and any health care practitioner may certify a health care assistant capable of performing such services in any health care facility, or in his or her office, under a health care practitioner’s supervision. Before certifying the health care assistant, the health care facility or health care practitioner shall verify that the health care assistant has met the minimum requirements established by the secretary under this chapter. These requirements shall not prevent the certifying entity from imposing such additional standards as the certifying entity considers appropriate. The health care facility or health care practitioner shall provide the licensing authority with a certified roster of health care assistants who are certified. (2) Certification and recertification of a health care assistant shall be effective for a period determined by the secretary under RCW 43.70.250 and 43.70.280. Requirements for recertification shall be determined by the secretary under RCW 43.70.250 and 43.70.280. [1996 c 191 § 82; 1991 c 3 § 274; 1984 c 281 § 5.] 18.135.050 18.135.055 Registering an initial or continuing certification—Fees. The health care facility or health care practitioner registering an initial or continuing certification pursuant to the provisions of this chapter shall comply with administrative procedures, administrative requirements, and fees determined by the secretary as provided in RCW 43.70.250 and 43.70.280. All fees collected under this section shall be credited to the health professions account as required in RCW 43.70.320. [1996 c 191 § 83; 1991 c 3 § 275; 1985 c 117 § 1.] 18.135.055 18.135.060 Conditions for performing authorized functions—Renal dialysis. (1) Except as provided in subsection (2) of this section: (a) Any health care assistant certified pursuant to this chapter shall perform the functions authorized in this chapter only by delegation of authority from the health care practitioner and under the supervision of a health care practitioner acting within the scope of his or her license. In the case of subcutaneous, intradermal and intramuscular and intravenous injections, a health care assistant may perform such functions 18.135.060 (2008 Ed.) Health Care Assistants only under the supervision of a health care practitioner having authority, within the scope of his or her license, to order such procedures. (b) The health care practitioner who ordered the procedure or a health care practitioner who could order the procedure under his or her license shall be physically present in the immediate area of a hospital or nursing home where the injection is administered. Sensitivity agents being administered intradermally or by the scratch method are excluded from this requirement. (2) A health care assistant trained by a federally approved end-stage renal disease facility may perform venipuncture for blood withdrawal, administration of oxygen as necessary by cannula or mask, venipuncture for placement of fistula needles, connect to vascular catheter for hemodialysis, intravenous administration of heparin and sodium chloride solutions as an integral part of dialysis treatment, and intradermal, subcutaneous, or topical administration of local anesthetics in conjunction with placement of fistula needles, and intraperitoneal administration of sterile electrolyte solutions and heparin for peritoneal dialysis: (a) In the center or health care facility if a registered nurse licensed under chapter 18.79 RCW is physically present and immediately available in such center or health care facility; or (b) in the patient’s home if a physician and a registered nurse are available for consultation during the dialysis. [2001 c 22 § 3; 2000 c 171 § 30; 1993 c 13 § 1. Prior: 1986 c 216 § 3; 1986 c 115 § 1; 1984 c 281 § 6.] 18.135.120 tions and diagnostic agents, and the route of administration of each, that he or she has authorized for injection; and (b) the vaccines that he or she has authorized for administration. Both the delegator and delegatee shall sign the above list, indicating the date of each signature. The signed list shall be forwarded to the secretary of the department of health and shall be available for review. (2) Delegatees are prohibited from administering any controlled substance as defined in RCW 69.50.101(d), any experimental drug, and any cancer chemotherapy agent unless a delegator is physically present in the immediate area where the drug is administered. [2008 c 58 § 3; 1991 c 3 § 276; 1986 c 216 § 4.] 18.135.070 18.135.070 Complaints—Violations—Investigations—Disciplinary action. The licensing authority of health care facilities or the disciplining authority of the delegating or supervising health care practitioner shall investigate all complaints or allegations of violations of proper certification of a health care assistant or violations of delegation of authority or supervision. A substantiated violation shall constitute sufficient cause for disciplinary action by the licensing authority of a health care facility or the disciplining authority of the health care practitioner. [1993 c 367 § 11; 1984 c 281 § 7.] Finding—2001 c 22: See note following RCW 18.135.062. 18.135.090 18.135.062 Renal dialysis training task force—Development of core competencies. The secretary of health is authorized to establish a task force to assist in the development of core competencies and minimum training standards for mandatory training programs to be utilized by renal dialysis facilities for training hemodialysis technicians as health care assistants pursuant to chapter 22, Laws of 2001. The secretary shall appoint to the task force persons knowledgeable in renal dialysis practice, including nephrologists, dialysis nurses, patient care hemodialysis technicians, dialysis patients, and other individuals with expertise. The secretary may appoint succeeding advisory task forces for reviewing and updating future requirements as necessary. [2001 c 22 § 4.] 18.135.062 Finding—2001 c 22: "There are concerns about the quality of care dialysis patients are receiving due to the lack of uniform training standards for hemodialysis clinical personnel working in renal dialysis facilities in this state. Currently, hemodialysis technicians are trained by the facilities, and most facilities have established training programs providing from six to eight weeks of ongoing training. Training is not standardized and varies among facilities. Some facilities offer no on-site training. National studies indicate that renal dialysis facilities avoid costs by reducing staffing levels and substituting untrained technicians for professional nurses generally in response to inadequate medicare reimbursements. These studies also suggest a resulting increase in patient morbidity and mortality. The legislature finds that the regulation of hemodialysis technicians will increase the level of professionalism in the state’s renal dialysis facilities, providing increased quality assurance for patients, health care providers, third-party payers, and the public in general. The legislature declares that this act furthers the public health, safety, and welfare of the people of the state." [2001 c 22 § 1.] 18.135.065 Delegation—Duties of delegator and delegatee. (1) Each delegator, as defined under RCW 18.135.020(6), shall maintain a list of: (a) Specific medica18.135.065 (2008 Ed.) 18.135.090 Performance of authorized functions. The performance of the functions authorized in this chapter by a health care assistant pursuant to this chapter does not constitute unlicensed practice as a health care practitioner. [1984 c 281 § 9.] 18.135.100 18.135.100 Uniform Disciplinary Act. The Uniform Disciplinary Act, chapter 18.130 RCW, governs uncertified practice, the issuance and denial of certificates, and the discipline of certificate holders under this chapter. The secretary shall be the disciplining authority under this chapter. [1993 c 367 § 12.] 18.135.110 18.135.110 Blood-drawing procedures—Not prohibited by chapter—Requirements. This chapter does not prohibit or restrict the performance of blood-drawing procedures by health care assistants in the residences of research study participants when such procedures have been authorized by the institutional review board of a comprehensive cancer center or nonprofit degree-granting institution of higher education and are conducted under the general supervision of a physician. [2006 c 242 § 2.] Severability—2006 c 242: See note following RCW 18.20.020. 18.135.120 18.135.120 Administration of vaccines—Restrictions. The administration of vaccines by a health care assistant is restricted to vaccines that are administered by injection, orally, or topically, including nasal administration, and that are licensed by the United States food and drug administration. [2008 c 58 § 4.] [Title 18 RCW—page 333] Chapter 18.138 Chapter 18.138 Title 18 RCW: Businesses and Professions Chapter 18.138 RCW DIETITIANS AND NUTRITIONISTS Sections 18.138.010 18.138.020 18.138.030 18.138.040 18.138.050 18.138.060 18.138.070 18.138.090 18.138.100 18.138.110 Definitions. Certification required. Qualifications for certification. Certification—Application procedures, requirements, fees. Certification without examination. Renewal of certification—Fee. Authority of secretary. Application of uniform disciplinary act. Insurance coverage. Health food stores exempted. likely to mislead or deceive the public as to whether someone is certified under this chapter. [1991 c 3 § 279; 1988 c 277 § 2.] 18.138.010 Definitions. (1) "Dietetics" is the integration and application of scientific principles of food, nutrition, biochemistry, physiology, management, and behavioral and social sciences in counseling people to achieve and maintain health. Unique functions of dietetics include, but are not limited to: (a) Assessing individual and community food practices and nutritional status using anthropometric, biochemical, clinical, dietary, and demographic data for clinical, research, and program planning purposes; (b) Establishing priorities, goals, and objectives that meet nutritional needs and are consistent with available resources and constraints; (c) Providing nutrition counseling and education as components of preventive, curative, and restorative health care; (d) Developing, implementing, managing, and evaluating nutrition care systems; and (e) Evaluating, making changes in, and maintaining appropriate standards of quality in food and nutrition care services. (2) "General nutrition services" means the counseling and/or educating of groups or individuals in the selection of food to meet normal nutritional needs for health maintenance, which includes, but is not restricted to: (a) Assessing the nutritional needs of individuals and groups by planning, organizing, coordinating, and evaluating the nutrition components of community health care services; (b) Supervising, administering, or teaching normal nutrition in colleges, universities, clinics, group care homes, nursing homes, hospitals, private industry, and group meetings. (3) "Certified dietitian" means any person certified to practice dietetics under this chapter. (4) "Certified nutritionist" means any person certified to provide general nutrition services under this chapter. (5) "Department" means the department of health. (6) "Secretary" means the secretary of health or the secretary’s designee. [1991 c 3 § 278; 1988 c 277 § 1.] 18.138.030 Qualifications for certification. (1) An applicant applying for certification as a certified dietitian or certified nutritionist shall file a written application on a form or forms provided by the secretary setting forth under affidavit such information as the secretary may require, and proof that the candidate has met qualifications set forth below in subsection (2) or (3) of this section. (2) Any person seeking certification as a "certified dietitian" shall meet the following qualifications: (a) Be eighteen years of age or older; (b) Has satisfactorily completed a major course of study in human nutrition, foods and nutrition, dietetics, or food systems management, and has received a baccalaureate or higher degree from a college or university accredited by the Western association of schools and colleges or a similar accreditation agency or colleges and universities approved by the secretary in rule; (c) Demonstrates evidence of having successfully completed a planned continuous preprofessional experience in dietetic practice of not less than nine hundred hours under the supervision of a certified dietitian or a registered dietitian or demonstrates completion of a coordinated undergraduate program in dietetics, both of which meet the training criteria established by the secretary; (d) Has satisfactorily completed an examination for dietitians administered by a public or private agency or institution recognized by the secretary as qualified to administer the examination; and (e) Has satisfactorily completed courses of continuing education as currently established by the secretary. (3) An individual may be certified as a certified dietician if he or she provides evidence of meeting criteria for registration on June 9, 1988, by the commission on dietetic registration. (4) Any person seeking certification as a "certified nutritionist" shall meet the following qualifications: (a) Possess the qualifications required to be a certified dietitian; or (b) Has received a master’s degree or doctorate degree in one of the following subject areas: Human nutrition, nutrition education, foods and nutrition, or public health nutrition from a college or university accredited by the Western association of schools and colleges or a similar accrediting agency or colleges and universities approved by the secretary in rule. [1991 c 3 § 280; 1988 c 277 § 3.] 18.138.020 Certification required. (1) No persons shall represent themselves as certified dietitians or certified nutritionists unless certified as provided for in this chapter. (2) Persons represent themselves as certified dietitians or certified nutritionists when any title or any description of services is used which incorporates one or more of the following items or designations: "Certified dietitian," "certified dietician," "certified nutritionist," "D.," "C.D.," or "C.N." (3) The secretary may by rule proscribe or regulate advertising and other forms of patient solicitation which are 18.138.040 Certification—Application procedures, requirements, fees. (1) If the applicant meets the qualifications as outlined in RCW 18.138.030(2), the secretary shall confer on such candidates the title certified dietitian. (2) If the applicant meets the qualifications as outlined in RCW 18.138.030(4), the secretary shall confer on such candidates the title certified nutritionist. (3) Applicants for certification as a certified dietitian or certified nutritionist shall comply with administrative procedures, administrative requirements, and fees determined by 18.138.010 18.138.020 [Title 18 RCW—page 334] 18.138.030 18.138.040 (2008 Ed.) Certified Real Estate Appraiser Act the secretary under RCW 43.70.250 and 43.70.280. [1996 c 191 § 84; 1991 c 3 § 281; 1988 c 277 § 4.] 18.138.050 Certification without examination. The secretary may certify a person applying for the title "certified dietitian" without examination if such person is licensed or certified as a dietitian in another jurisdiction and if, in the secretary’s judgment, the requirements of that jurisdiction are equivalent to or greater than those of Washington state. [1991 c 3 § 282; 1988 c 277 § 6.] 18.138.050 18.138.060 Renewal of certification—Fee. (1) Every person certified as a certified dietitian or certified nutritionist shall renew the certification according to administrative procedures, administrative requirements, and fees determined by the secretary as provided in RCW 43.70.250 and 43.70.280. (2) All fees collected under this section shall be credited to the health professions account as required. [1996 c 191 § 85; 1991 c 3 § 283; 1988 c 277 § 7.] 18.140.005 the issuance and denial of certificates, unauthorized practices, and the disciplining of certificate holders under this chapter. The secretary shall be the disciplining authority under this chapter. [1991 c 3 § 286; 1988 c 277 § 5.] 18.138.100 Insurance coverage. This chapter does not require or prohibit individual or group policies or contracts of an insurance carrier, health care service contractor, or health maintenance organization to provide benefits or coverage for services and supplies provided by a person certified under this chapter. [1988 c 277 § 9.] 18.138.100 18.138.060 18.138.070 Authority of secretary. In addition to any other authority provided by law, the secretary may: (1) Adopt rules in accordance with chapter 34.05 RCW necessary to implement this chapter; (2) Establish forms necessary to administer this chapter; (3) Issue a certificate to an applicant who has met the requirements for certification and deny a certificate to an applicant who does not meet the minimum qualifications; (4) Hire clerical, administrative, and investigative staff as needed to implement and administer this chapter and hire individuals, including those certified under this chapter, to serve as consultants as necessary to implement and administer this chapter; (5) Maintain the official departmental record of all applicants and certificate holders; (6) Conduct a hearing, pursuant to chapter 34.05 RCW, on an appeal of a denial of certification based on the applicant’s failure to meet the minimum qualifications for certification; (7) Investigate alleged violations of this chapter and consumer complaints involving the practice of persons representing themselves as certified dietitians or certified nutritionists; (8) Issue subpoenas, statements of charges, statements of intent to deny certifications, and orders and delegate in writing to a designee the authority to issue subpoenas, statements of charges, and statements on intent to deny certifications; (9) Conduct disciplinary proceedings, impose sanctions, and assess fines for violations of this chapter or any rules adopted under it in accordance with chapter 34.05 RCW; (10) Set all certification, renewal, and late renewal fees in accordance with RCW 43.70.250; and (11) Set certification expiration dates and renewal periods for all certifications under this chapter. [1999 c 151 § 301; 1994 sp.s. c 9 § 516; 1991 c 3 § 284; 1988 c 277 § 10.] 18.138.070 Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010. Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 18.138.090 Application of uniform disciplinary act. The uniform disciplinary act, chapter 18.130 RCW, governs 18.138.090 (2008 Ed.) 18.138.110 Health food stores exempted. Nothing in this chapter shall be construed to apply to owners, operators or employees of health food stores provided the owners, operators or employees do not represent themselves to be certified dietitians or certified nutritionists. [1988 c 277 § 11.] 18.138.110 Chapter 18.140 RCW CERTIFIED REAL ESTATE APPRAISER ACT Chapter 18.140 Sections 18.140.005 18.140.010 18.140.020 18.140.030 18.140.040 18.140.050 18.140.060 18.140.070 18.140.080 18.140.090 18.140.100 18.140.110 18.140.120 18.140.130 18.140.140 18.140.150 18.140.155 18.140.160 18.140.170 18.140.190 18.140.200 18.140.202 18.140.210 18.140.220 18.140.230 18.140.240 18.140.250 18.140.260 18.140.270 18.140.280 18.140.900 18.140.910 Intent. Definitions. Use of title by unauthorized person. Powers and duties of director. Immunity. Fees and collection procedures. Applications—Original and renewal certification, licensure, or registration. Categories of appraisers. Education requirements. Experience requirements. Examination requirements. Nonresident applicants—Consent for service of process. Reciprocity. Expiration of certificate, license, or registration—Renewal— Failure to renew in timely manner. Certificate, license, or registration—Required use of number. Use of term restricted—Group certificates, licenses, or registrations prohibited. Temporary certification or licensing—Extension. Disciplinary actions—Grounds. Violations—Investigations. Duties of attorney general. Certificate, license, or registration suspension—Nonpayment or default on educational loan or scholarship. Certificate, license, or registration suspension—Noncompliance with support order—Reissuance. Violation of chapter—Procedure. Acting without certificate, license, or registration—Penalty. Real estate appraiser commission—Establishment—Composition. Commission/members—Duties and responsibilities. Commission member’s compensation. Real estate appraiser commission account. Uniform regulation of business and professions act. Trainee real estate appraiser—Registration. Short title. Severability—1989 c 414. 18.140.005 Intent. (1) It is the intent of the legislature that only individuals who meet and maintain minimum standards of competence and conduct established under this chapter for certified, licensed, or registered real estate appraisers may provide real estate appraisal services to the public. (2) It is the further intent of the legislature to provide for the proper supervision and training of new entrants to the appraiser profession through the implementation of the state18.140.005 [Title 18 RCW—page 335] 18.140.010 Title 18 RCW: Businesses and Professions registered appraiser trainee classification. [2005 c 339 § 1; 1996 c 182 § 1; 1993 c 30 § 1; 1989 c 414 § 1.] Effective dates—2005 c 339: "(1) Sections 1, 2, 4, 7, 9, 13, 20, and 22 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2005. (2) Sections 3, 5, 6, 8, 10 through 12, 14 through 18, and 21 of this act take effect April 1, 2006." [2005 c 339 § 26.] Effective dates—1996 c 182: "This act shall take effect July 1, 1996, except section 3 of this act, which shall take effect July 1, 1997." [1996 c 182 § 16.] 18.140.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Appraisal" means the act or process of estimating value; an estimate of value; or of or pertaining to appraising and related functions. (2) "Appraisal report" means any communication, written or oral, of an appraisal, review, or consulting service in accordance with the standards of professional conduct or practice, adopted by the director, that is transmitted to the client upon completion of an assignment. (3) "Appraisal assignment" means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion relating to the value of specified interests in, or aspects of, identified real estate. The term "appraisal assignment" may apply to valuation work and analysis work. (4) "Brokers price opinion" means an oral or written report of property value that is prepared by a real estate broker or salesperson licensed under chapter 18.85 RCW. (5) "Client" means any party for whom an appraiser performs a service. (6) "Commission" means the real estate appraiser commission of the state of Washington. (7) "Comparative market analysis" means a brokers price opinion. (8) "Department" means the department of licensing. (9) "Director" means the director of the department of licensing. (10) "Expert review appraiser" means a state-certified or state-licensed real estate appraiser chosen by the director for the purpose of providing appraisal review assistance to the director. (11) "Federal department" means an executive department of the United States of America specifically concerned with housing finance issues, such as the department of housing and urban development, the department of veterans affairs, or their legal federal successors. (12) "Federal financial institutions regulatory agency" means the board of governors of the federal reserve system, the federal deposit insurance corporation, the office of the comptroller of the currency, the office of thrift supervision, the national credit union administration, their successors and/or such other agencies as may be named in future amendments to 12 U.S.C. Sec. 3350(6). (13) "Federal secondary mortgage marketing agency" means the federal national mortgage association, the government national mortgage association, the federal home loan mortgage corporation, their successors and/or such other sim18.140.010 [Title 18 RCW—page 336] ilarly functioning housing finance agencies as may be federally chartered in the future. (14) "Federally related transaction" means any real estate-related financial transaction that the federal financial institutions regulatory agency or the resolution trust corporation engages in, contracts for, or regulates; and that requires the services of an appraiser. (15) "Financial institution" means any person doing business under the laws of this state or the United States relating to banks, bank holding companies, savings banks, trust companies, savings and loan associations, credit unions, consumer loan companies, and the affiliates, subsidiaries, and service corporations thereof. (16) "Mortgage broker" for the purpose of this chapter means a mortgage broker licensed under chapter 19.146 RCW, any mortgage broker approved and subject to audit by the federal national mortgage association, the government national mortgage association, or the federal home loan mortgage corporation as provided in RCW 19.146.020, any mortgage broker approved by the United States secretary of housing and urban development for participation in any mortgage insurance under the national housing act, 12 U.S.C. Sec. 1201, and the affiliates, subsidiaries, and service corporations thereof. (17) "Real estate" means an identified parcel or tract of land, including improvements, if any. (18) "Real estate-related financial transaction" means any transaction involving: (a) The sale, lease, purchase, investment in, or exchange of real property, including interests in property, or the financing thereof; (b) The refinancing of real property or interests in real property; and (c) The use of real property or interests in property as security for a loan or investment, including mortgage-backed securities. (19) "Real property" means one or more defined interests, benefits, or rights inherent in the ownership of real estate. (20) "Review" means the act or process of critically studying an appraisal report prepared by another. (21) "Specialized appraisal services" means all appraisal services that do not fall within the definition of appraisal assignment. The term "specialized appraisal service" may apply to valuation work and to analysis work. Regardless of the intention of the client or employer, if the appraiser would be perceived by third parties or the public as acting as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion, the work is classified as an appraisal assignment and not a specialized appraisal service. (22) "State-certified general real estate appraiser" means a person certified by the director to develop and communicate real estate appraisals of all types of property. A statecertified general real estate appraiser may designate or identify an appraisal rendered by him or her as a "certified appraisal." (23) "State-certified residential real estate appraiser" means a person certified by the director to develop and communicate real estate appraisals of all types of residential property of one to four units without regard to transaction value or complexity and nonresidential property having a (2008 Ed.) Certified Real Estate Appraiser Act transaction value as specified in rules adopted by the director. A state certified residential real estate appraiser may designate or identify an appraisal rendered by him or her as a "certified appraisal." (24) "State-licensed real estate appraiser" means a person licensed by the director to develop and communicate real estate appraisals of noncomplex one to four residential units and complex one to four residential units and nonresidential property having transaction values as specified in rules adopted by the director. (25) "State-registered appraiser trainee," "trainee," or "trainee real estate appraiser" means a person registered by the director under RCW 18.140.280 to develop and communicate real estate appraisals under the immediate and personal direction of a state-certified real estate appraiser. Appraisals are limited to those types of properties that the supervisory appraiser is permitted by their current credential, and that the supervisory appraiser is competent and qualified to appraise. By signing the appraisal report, or being identified in the certification or addenda as having lent significant professional assistance, the state-registered appraiser trainee accepts total and complete individual responsibility for all content, analyses, and conclusions in the report. (26) "Supervisory appraiser" means a person holding a currently valid certificate issued by the director as a state-certified real estate appraiser providing direct supervision to another state-certified, state-licensed, or state-registered appraiser trainee. The supervisory appraiser must be in good standing in each jurisdiction that he or she is credentialed. The supervisory appraiser must sign all appraisal reports. By signing the appraisal report, the supervisory appraiser accepts full responsibility for all content, analyses, and conclusions in the report. [2005 c 339 § 2; 2000 c 249 § 1; 1997 c 399 § 1; 1996 c 182 § 2; 1993 c 30 § 2; 1989 c 414 § 3.] Effective dates—2005 c 339: See note following RCW 18.140.005. Effective date—1997 c 399: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997." [1997 c 399 § 3.] Effective dates—1996 c 182: See note following RCW 18.140.005. 18.140.020 Use of title by unauthorized person. (1) No person other than a state-certified or state-licensed real estate appraiser may receive compensation of any form for a real estate appraisal or an appraisal review, except that a state-registered appraiser trainee may receive compensation from one or more supervisory appraisers or the supervisory appraiser’s employer for appraisal assignments. (2) Compensation may be provided for brokers price opinions prepared by a real estate licensee, licensed under chapter 18.85 RCW. (3) No person, other than a state-certified, state-licensed real estate appraiser, or a state-registered appraiser trainee may assume or use that title or any title, designation, or abbreviation likely to create the impression of certification, licensure, or registration as a real estate appraiser by this state. (4) A person who is not certified, licensed, or registered under this chapter shall not prepare any appraisal of real estate located in this state, except as provided under subsection (2) of this section. 18.140.020 (2008 Ed.) 18.140.030 (5) This section does not preclude a staff employee of a governmental entity from performing an appraisal or an appraisal assignment within the scope of his or her employment insofar as the performance of official duties for the governmental entity are concerned. Such an activity for the benefit of the governmental entity is exempt from the requirements of this chapter. (6) This chapter does not preclude an individual person licensed by the state of Washington as a real estate broker or as a real estate salesperson from issuing a brokers price opinion. However, if the brokers price opinion is written, or given as evidence in any legal proceeding, and is issued to a person who is not a prospective seller, buyer, lessor, or lessee as the only intended user, then the brokers price opinion shall contain a statement, in an obvious location within the written document or specifically and affirmatively in spoken testimony, that substantially states: "This brokers price opinion is not an appraisal as defined in chapter 18.140 RCW and has been prepared by a real estate licensee, licensed under chapter 18.85 RCW, who . . . . . (is/is not) also state-certified or state-licensed as a real estate appraiser under chapter 18.140 RCW." However, the brokers price opinion issued under this subsection may not be used as an appraisal in conjunction with a federally related transaction. (7) This section does not apply to an appraisal or an appraisal review performed for a financial institution or mortgage broker by an employee or third party, when such appraisal or appraisal review is not required to be performed by a state-certified or state-licensed real estate appraiser by the appropriate federal financial institutions regulatory agency. (8) This section does not apply to an attorney licensed to practice law in this state or to a certified public accountant, as defined in RCW 18.04.025, who evaluates real property in the normal scope of his or her professional services. [2005 c 339 § 3; 1998 c 120 § 1; 1997 c 399 § 2; 1996 c 182 § 3; 1993 c 30 § 3; 1989 c 414 § 4.] Effective dates—2005 c 339: See note following RCW 18.140.005. Effective date—1997 c 399: See note following RCW 18.140.010. Effective dates—1996 c 182: See note following RCW 18.140.005. 18.140.030 18.140.030 Powers and duties of director. The director shall have the following powers and duties: (1) To adopt rules in accordance with chapter 34.05 RCW necessary to implement this chapter and chapter 18.235 RCW, with the advice and approval of the commission; (2) To receive and approve or deny applications for certification or licensure as a state-certified or state-licensed real estate appraiser and for registration as a state-registered appraiser trainee under this chapter; to establish appropriate administrative procedures for the processing of such applications; to issue certificates, licenses, or registrations to qualified applicants pursuant to the provisions of this chapter; and to maintain a roster of the names and addresses of individuals who are currently certified, licensed, or registered under this chapter; (3) To provide administrative assistance to the members of and to keep records for the real estate appraiser commission; [Title 18 RCW—page 337] 18.140.040 Title 18 RCW: Businesses and Professions (4) To solicit bids and enter into contracts with educational testing services or organizations for the preparation of questions and answers for certification or licensure examinations; (5) To administer or contract for administration of certification or licensure examinations at locations and times as may be required to carry out the responsibilities under this chapter; (6) To enter into contracts for professional services determined to be necessary for adequate enforcement of this chapter; (7) To consider recommendations by the real estate appraiser commission relating to the experience, education, and examination requirements for each classification of statecertified appraiser and for licensure; (8) To consider recommendations by the real estate appraiser commission relating to the educational requirements for the state-registered appraiser trainee classification; (9) To consider recommendations by the real estate appraiser commission relating to the maximum number of state-registered appraiser trainees that each supervisory appraiser will be permitted to supervise; (10) To consider recommendations by the real estate appraiser commission relating to continuing education requirements as a prerequisite to renewal of certification or licensure; (11) To consider recommendations by the real estate appraiser commission relating to standards of professional appraisal conduct or practice in the enforcement of this chapter; (12) To employ such professional, clerical, and technical assistance as may be necessary to properly administer the work of the director; (13) To establish forms necessary to administer this chapter; (14) To establish an expert review appraiser roster comprised of state-certified or licensed real estate appraisers whose purpose is to assist the director by applying their individual expertise by reviewing real estate appraisals for compliance with this chapter. Qualifications to act as an expert review appraiser shall be established by the director with the advice of the commission. An application to serve as an expert review appraiser shall be submitted to the real estate appraiser program, and the roster of accepted expert review appraisers shall be maintained by the department. An expert review appraiser may be added to or deleted from that roster by the director. The expert review appraiser shall be reimbursed for expenses in the same manner as the department reimburses the commission; and (15) To do all other things necessary to carry out the provisions of this chapter and minimally meet the requirements of federal guidelines regarding state certification or licensure of appraisers and registration of state-registered appraiser trainees that the director determines are appropriate for statecertified and state-licensed appraisers and state-registered appraiser trainees in this state. [2005 c 339 § 4; 2002 c 86 § 238; 2000 c 249 § 2; 1996 c 182 § 4; 1993 c 30 § 4; 1989 c 414 § 7.] Effective dates—2005 c 339: See note following RCW 18.140.005. Effective dates—2002 c 86: See note following RCW 18.08.340. [Title 18 RCW—page 338] Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. Effective dates—1996 c 182: See note following RCW 18.140.005. 18.140.040 Immunity. The director or individuals acting on behalf of the director are immune from suit in any action, civil or criminal, based on any acts performed in the course of their duties except for their intentional or willful misconduct. [1993 c 30 § 5; 1989 c 414 § 8.] 18.140.040 18.140.050 Fees and collection procedures. The director shall establish fees by rule, under RCW 43.24.086 and chapter 34.05 RCW and establish collection procedures for the fees. [1989 c 414 § 9.] 18.140.050 18.140.060 Applications—Original and renewal certification, licensure, or registration. (1) Applications for examinations, original certification, licensure, or registration, and renewal certification, licensure, or registration shall be made in writing to the department on forms approved by the director. Applications for original and renewal certification, licensure, or registration shall include a statement confirming that the applicant shall comply with applicable rules and regulations and that the applicant understands the penalties for misconduct. (2) The appropriate fees shall accompany all applications for examination, reexamination, original certification, licensure, or registration, and renewal certification, licensure, or registration. [2005 c 339 § 5; 1993 c 30 § 6; 1989 c 414 § 10.] 18.140.060 Effective dates—2005 c 339: See note following RCW 18.140.005. 18.140.070 Categories of appraisers. There shall be two categories of state-certified real estate appraisers, one category of state-licensed real estate appraisers, and one category of state-registered appraiser trainee as follows: (1) The state-certified general real estate appraiser; (2) The state-certified residential real estate appraiser; (3) The state-licensed real estate appraiser; and (4) The state-registered appraiser trainee. [2005 c 339 § 6; 1993 c 30 § 7; 1989 c 414 § 11.] 18.140.070 Effective dates—2005 c 339: See note following RCW 18.140.005. 18.140.080 Education requirements. As a prerequisite to taking an examination for certification or licensure, an applicant shall present evidence satisfactory to the director that he or she has successfully completed the education requirements adopted by the director. [1993 c 30 § 8; 1989 c 414 § 12.] 18.140.080 18.140.090 Experience requirements. (1) As a prerequisite to taking an examination for certification or licensure, an applicant must meet the experience requirements adopted by the director. (2) The preexamination experience claimed by an applicant, and accepted by the department for the purpose of taking the examination, shall remain subject to postlicensure auditing by the department. [1996 c 182 § 5; 1993 c 30 § 9; 1989 c 414 § 13.] 18.140.090 Effective dates—1996 c 182: See note following RCW 18.140.005. (2008 Ed.) Certified Real Estate Appraiser Act 18.140.100 Examination requirements. An original certificate or license shall be issued to persons who have satisfactorily passed the written examination as endorsed by the Appraiser Qualifications Board of the Appraisal Foundation and as adopted by the director. [2005 c 339 § 7; 1993 c 30 § 10; 1989 c 414 § 14.] 18.140.100 Effective dates—2005 c 339: See note following RCW 18.140.005. 18.140.110 Nonresident applicants—Consent for service of process. Every applicant for certification, licensing, or registration who is not a resident of this state shall submit, with the application for certification, licensing, or registration an irrevocable consent that service of process upon him or her may be made by service on the director if, in an action against the applicant in a court of this state arising out of the applicant’s activities as a state-certified or state-licensed real estate appraiser or state-registered appraiser trainee, the plaintiff cannot, in the exercise of due diligence, obtain personal service upon the applicant. [2005 c 339 § 8; 1993 c 30 § 11; 1989 c 414 § 15.] 18.140.110 Effective dates—2005 c 339: See note following RCW 18.140.005. 18.140.120 Reciprocity. An applicant for certification or licensure who is currently certified or licensed and in good standing under the laws of another state may obtain a certificate or license as a Washington state-certified or statelicensed real estate appraiser without being required to satisfy the examination requirements of this chapter if: The director determines that the certification or licensure requirements are substantially similar to those found in Washington state; and that the other state has a written reciprocal agreement to provide similar treatment to holders of Washington state certificates and/or licenses. [2005 c 339 § 9; 1993 c 30 § 12; 1989 c 414 § 16.] 18.140.120 Effective dates—2005 c 339: See note following RCW 18.140.005. 18.140.130 Expiration of certificate, license, or registration—Renewal—Failure to renew in timely manner. (1) Each original and renewal certificate, license, or registration issued under this chapter shall expire on the applicant’s second birthday following issuance of the certificate, license, or registration. (2) To be renewed as a state-certified or state-licensed real estate appraiser or state-registered appraiser trainee, the holder of a valid certificate, license, or registration shall apply and pay the prescribed fee to the director no earlier than one hundred twenty days prior to the expiration date of the certificate, license, or registration and shall demonstrate satisfaction of any continuing education requirements. (3) If a person fails to renew a certificate, license, or registration prior to its expiration and no more than one year has passed since the person last held a valid certificate, license, or registration, the person may obtain a renewal certificate, license, or registration by satisfying all of the requirements for renewal and paying late renewal fees. The director shall cancel the certificate, license, or registration of any person whose renewal fee is not received within one year from the date of expiration. A person may obtain a new certificate, license, or registration by satisfying the procedures and qualifications for initial certification, 18.140.130 (2008 Ed.) 18.140.150 licensure, or registration, including the successful completion of any applicable examinations. [2005 c 339 § 10; 1996 c 182 § 6; 1993 c 30 § 13; 1989 c 414 § 17.] Effective dates—2005 c 339: See note following RCW 18.140.005. Effective dates—1996 c 182: See note following RCW 18.140.005. 18.140.140 Certificate, license, or registration— Required use of number. (1) A certificate, license, or registration issued under this chapter shall bear the signature or facsimile signature of the director and a certificate, license, or registration number assigned by the director. (2) Each state-certified or state-licensed real estate appraiser or state-registered appraiser trainee shall place his or her certificate, license, or registration number adjacent to or immediately below the title "state-certified general real estate appraiser," "state-certified residential real estate appraiser," "state-licensed real estate appraiser," or "stateregistered appraiser trainee" when used in an appraisal report or in a contract or other instrument used by the certificate holder, licensee, or registered appraiser trainee in conducting real property appraisal activities, except that the certificate, license, or registration number shall not be required to appear when the title is not accompanied by a signature as is typical on such promotional and stationery items as brochures, business cards, forms, or letterhead. (3) Each state-registered appraiser trainee shall place his or her registration number adjacent to or immediately below the title "state-registered appraiser trainee" when used in an appraisal report and the supervisory appraiser shall place his or her certificate number adjacent to or immediately below the title "state-certified general real estate appraiser" or "state-certified residential real estate appraiser." [2005 c 339 § 11; 1996 c 182 § 7; 1993 c 30 § 14; 1989 c 414 § 18.] 18.140.140 Effective dates—2005 c 339: See note following RCW 18.140.005. Effective dates—1996 c 182: See note following RCW 18.140.005. 18.140.150 Use of term restricted—Group certificates, licenses, or registrations prohibited. (1) The term "state-certified real estate appraiser," "state-licensed real estate appraiser," or "state-registered appraiser trainee" may only be used to refer to individuals who hold the certificate, license, or registration and may not be used following or immediately in connection with the name or signature of a firm, partnership, corporation, group, or limited liability company, or in such manner that it might be interpreted as referring to a firm, partnership, corporation, group, limited liability company, or anyone other than an individual holder of the certificate, license, or registration. (2) No certificate, license, or registration may be issued under this chapter to a corporation, partnership, firm, limited liability company, or group. This shall not be construed to prevent a state-certified or state-licensed appraiser from signing an appraisal report on behalf of a corporation, partnership, firm, group practice, or limited liability company, nor may it be construed to prevent a state-registered appraiser trainee from signing an appraisal report under the supervision of a state-certified real estate appraiser on behalf of a corporation, partnership, firm, group practice, or limited liability company. [2005 c 339 § 12; 1996 c 182 § 8; 1993 c 30 § 15; 1989 c 414 § 19.] 18.140.150 [Title 18 RCW—page 339] 18.140.155 Title 18 RCW: Businesses and Professions Effective dates—2005 c 339: See note following RCW 18.140.005. Effective dates—1996 c 182: See note following RCW 18.140.005. 18.140.155 Temporary certification or licensing— Extension. (1) A real estate appraiser from another state who is certified or licensed by another state may apply for registration to receive temporary certification or licensing in Washington by paying a fee and filing a notarized application with the department on a form provided by the department. (2) The director is authorized to adopt by rule the term or duration of the certification and licensing privileges granted under the provisions of this section. Certification or licensing shall not be renewed. However, an applicant may receive an extension of a temporary practice permit to complete an assignment, provided that a written request is received by the department prior to the expiration date, stating the reason for the extension. (3) A temporary practice permit issued under this section allows an appraiser to perform independent appraisal services required by a contract for appraisal services. (4) Persons granted temporary certification or licensing privileges under this section shall not advertise or otherwise hold themselves out as being certified or licensed by the state of Washington. (5) Persons granted temporary certification or licensure are subject to all provisions under this chapter. [2005 c 339 § 13; 2001 c 78 § 1; 1993 c 30 § 16.] 18.140.155 Effective dates—2005 c 339: See note following RCW 18.140.005. 18.140.160 Disciplinary actions—Grounds. In addition to the unprofessional conduct described in RCW 18.235.130, the director may take disciplinary action for the following conduct, acts, or conditions: (1) Failing to meet the minimum qualifications for state certification, licensure, or registration established by or pursuant to this chapter; (2) Paying money other than the fees provided for by this chapter to any employee of the director or the commission to procure state certification, licensure, or registration under this chapter; (3) Continuing to act as a state-certified real estate appraiser, state-licensed real estate appraiser, or state-registered appraiser trainee when his or her certificate, license, or registration is on an expired status; (4) Violating any provision of this chapter or any lawful rule made by the director pursuant thereto; (5) Issuing an appraisal report on any real property in which the appraiser has an interest unless his or her interest is clearly stated in the appraisal report; (6) Being affiliated as an employer, independent contractor, or supervisory appraiser of a state-certified real estate appraiser, state-licensed real estate appraiser, or state-registered appraiser trainee whose certification, license, or registration is currently in a suspended or revoked status; (7) Failure or refusal without good cause to exercise reasonable diligence in performing an appraisal practice under this chapter, including preparing an oral or written report to communicate information concerning an appraisal practice; and (8) Negligence or incompetence in performing an appraisal practice under this chapter, including preparing an 18.140.160 [Title 18 RCW—page 340] oral or written report to communicate information concerning an appraisal practice. [2007 c 256 § 1; 2005 c 339 § 14; 2002 c 86 § 239; 2000 c 35 § 1; 1996 c 182 § 9; 1993 c 30 § 17; 1989 c 414 § 20.] Effective dates—2005 c 339: See note following RCW 18.140.005. Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. Effective dates—1996 c 182: See note following RCW 18.140.005. 18.140.170 Violations—Investigations. The director may investigate the actions of a state-certified or statelicensed real estate appraiser or a state-registered appraiser trainee or an applicant for certification, licensure, or registration or recertification, relicensure, or reregistration. Upon receipt of information indicating that a state-certified or statelicensed real estate appraiser or state-registered appraiser trainee under this chapter may have violated this chapter, the director may cause one or more of the staff investigators to make an investigation of the facts to determine whether or not there is admissible evidence of any such violation. If technical assistance is required, a staff investigator may consult with one or more of the members of the commission. [2005 c 339 § 15; 2002 c 86 § 240; 1996 c 182 § 10; 1993 c 30 § 18; 1989 c 414 § 21.] 18.140.170 Effective dates—2005 c 339: See note following RCW 18.140.005. Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. Effective dates—1996 c 182: See note following RCW 18.140.005. 18.140.190 Duties of attorney general. The attorney general shall render to the director opinions upon all questions of law relating to the construction or interpretation of this chapter, or arising in the administration thereof that may be submitted by the director, and shall act as attorney for the director in all actions and proceedings brought by or against the director under or pursuant to any provisions of this chapter. [1993 c 30 § 21; 1989 c 414 § 23.] 18.140.190 18.140.200 Certificate, license, or registration suspension—Nonpayment or default on educational loan or scholarship. The director shall suspend the certificate, license, or registration of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person’s certificate, license, or registration shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for certification, licensure, or registration during the suspension, reinstatement shall be automatic upon receipt of the notice 18.140.200 (2008 Ed.) Certified Real Estate Appraiser Act and payment of any reinstatement fee the director may impose. [2005 c 339 § 16; 1996 c 293 § 19.] Effective dates—2005 c 339: See note following RCW 18.140.005. Severability—1996 c 293: See note following RCW 18.04.420. 18.140.202 Certificate, license, or registration suspension—Noncompliance with support order—Reissuance. The director shall immediately suspend any certificate, license, or registration issued under this chapter if the holder has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the certificate, license, or registration shall be automatic upon the director’s receipt of a release issued by the department of social and health services stating that the person is in compliance with the order. [2005 c 339 § 17; 1997 c 58 § 832.] 18.140.202 Effective dates—2005 c 339: See note following RCW 18.140.005. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 18.140.210 Violation of chapter—Procedure. The director may refer a complaint for violation of any section of this chapter before any court of competent jurisdiction. Any violation of the provisions of this chapter shall be prosecuted by the prosecuting attorney of each county in which the violation occurs, and if the prosecuting attorney fails to act, the director may request the attorney general to take action in lieu of the prosecuting attorney. Whenever evidence satisfactory to the director suggests that any person has violated any of the provisions of this chapter, or any part or provision thereof, the director may bring an action, in the superior court in the county where the person resides, against the person to enjoin any person from continuing a violation or engaging or doing any act or acts in furtherance thereof. In this action an order or judgment may be entered awarding a preliminary or final injunction as may be proper. The director may petition the superior court in any county in this state for the appointment of a receiver to take over, operate, or close any real estate appraisal activity or practice in this state which is found upon inspection of its books and records to be operating in violation of the provisions of this chapter, pending a hearing. [1996 c 182 § 11.] 18.140.210 Effective dates—1996 c 182: See note following RCW 18.140.005. 18.140.220 Acting without certificate, license, or registration—Penalty. Any person acting as a state-certified or state-licensed real estate appraiser or state-registered appraiser trainee without a certificate, license, or registration that is currently valid is guilty of a misdemeanor. [2005 c 339 § 18; 1996 c 182 § 12.] 18.140.220 Effective dates—2005 c 339: See note following RCW 18.140.005. Effective dates—1996 c 182: See note following RCW 18.140.005. (2008 Ed.) 18.140.250 18.140.230 Real estate appraiser commission— Establishment—Composition. There is established the real estate appraiser commission of the state of Washington, consisting of seven members who shall act to give advice to the director. (1) The seven commission members shall be appointed by the governor in the following manner: For a term of six years each, with the exception of the first appointees who shall be the incumbent members of the predecessor real estate appraiser advisory committee to serve for the duration of their current terms, with all other subsequent appointees to be appointed for a six-year term. (2) At least two of the commission members shall be selected from the area of the state east of the Cascade mountain range and at least two of the commission members shall be selected from the area of the state west of the Cascade mountain range. At least two members of the commission shall be certified general real estate appraisers, at least two members of the commission shall be certified residential real estate appraisers, and at least one member of the commission may be a licensed real estate appraiser, all pursuant to this chapter. No certified or licensed appraiser commission member shall be appointed who has not been certified and/or licensed pursuant to this chapter for less than ten years, except that this experience duration shall be not less than five years only for any commission member taking office before January 1, 2003. One member shall be an employee of a financial institution as defined in this chapter whose duties are concerned with real estate appraisal management and policy. One member shall be an individual engaged in mass appraisal whose duties are concerned with ad valorem appraisal management and policy and who is licensed or certified under this chapter. One member may be a member of the general public. (3) The members of the commission annually shall elect their chairperson and vice-chairperson to serve for a term of one calendar year. A majority of the members of said commission shall at all times constitute a quorum. (4) Any vacancy on the commission shall be filled by appointment by the governor for the unexpired term. [2005 c 339 § 19; 2000 c 249 § 3.] 18.140.230 18.140.240 Commission/members—Duties and responsibilities. The members of the real estate appraiser commission and its individual members shall have the following duties and responsibilities: (1) To meet at the call of the director or upon its own initiative at the call of its chair or a majority of its members; (2) To adopt a mission statement, and to serve as a liaison between appraisal practitioners, the public, and the department; and (3) To study and recommend changes to this chapter to the director or to the legislature. [2000 c 249 § 4.] 18.140.240 18.140.250 Commission member’s compensation. The commission members shall be compensated in accordance with RCW 43.03.240, plus travel expenses in accordance with RCW 43.03.050 and 43.03.060 when they are in session by their call or by the director, or when otherwise engaged in the business of the commission. [2000 c 249 § 5.] 18.140.250 [Title 18 RCW—page 341] 18.140.260 Title 18 RCW: Businesses and Professions 18.140.260 18.140.260 Real estate appraiser commission account. The real estate appraiser commission account is created in the state treasury. All fees received by the department for certificates, licenses, registrations, renewals, examinations, and audits must be forwarded to the state treasurer who must credit the money to the account. All fines and civil penalties ordered pursuant to RCW 18.140.020, 18.140.160, or 18.235.110 against holders of certificates, licenses, or registrations issued under the provisions of this chapter must be paid to the account. All expenses incurred in carrying out the certification, licensing, and registration activities of the department under this chapter must be paid from the account as authorized by legislative appropriation. Any residue in the account shall be accumulated and shall not revert to the general fund at the end of the biennium. Any fund balance remaining in the general fund attributable to the real estate appraiser commission account as of July 1, 2003, must be transferred to the real estate appraiser commission account. [2005 c 339 § 20; 2002 c 86 § 241.] Effective dates—2005 c 339: See note following RCW 18.140.005. Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.140.270 18.140.270 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 242.] Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.140.280 18.140.280 Trainee real estate appraiser—Registration. (1) The director may issue an original registration as a state-registered trainee real estate appraiser, to be valid for a term not exceeding two years together with a maximum of two renewals, which must be completed within seven years from the original date of registration, unless either period is interrupted by service in the armed forces of the United States of America. (2) A trainee real estate appraiser may not provide appraisal services other than through and under the direct supervision of a state-certified general real estate appraiser or a state-certified residential real estate appraiser. [2005 c 339 § 21.] Chapter 18.145 Chapter 18.145 RCW COURT REPORTING PRACTICE ACT (Formerly: Shorthand reporting practice act) Sections 18.145.005 18.145.010 18.145.020 18.145.030 18.145.040 18.145.050 18.145.070 18.145.080 18.145.090 18.145.100 18.145.110 18.145.120 18.145.125 18.145.127 18.145.130 18.145.140 18.145.900 18.145.910 18.145.911 Findings. Certificate required. Practice of court reporting defined. Definitions. Exemptions. Powers of director. Liability of director. Certification requirements. Certification applications—Fee. Renewals—Late fees—Reinstatement. Persons with stenomask reporting experience. Sanctions against certificate—Director’s powers—Costs. Certificate suspension—Nonpayment or default on educational loan or scholarship. Certificate suspension—Noncompliance with support order— Reissuance. Unprofessional conduct. Uniform regulation of business and professions act. Short title. Effective date—Implementation—1989 c 382. Severability—1989 c 382. 18.145.005 Findings. The legislature finds it necessary to regulate the practice of court reporting at the level of certification to protect the public safety and well-being. The legislature intends that only individuals who meet and maintain minimum standards of competence may represent themselves as court reporters. [1995 c 27 § 1; 1989 c 382 § 1.] 18.145.005 18.145.010 Certificate required. (1) No person may represent himself or herself as a court reporter without first obtaining a certificate as required by this chapter. (2) A person represents himself or herself to be a court reporter when the person adopts or uses any title or description of services that incorporates one or more of the following terms: "Shorthand reporter," "court reporter," "certified shorthand reporter," or "certified court reporter." [2000 c 171 § 31; 1989 c 382 § 2.] 18.145.010 18.145.020 Practice of court reporting defined. The "practice of court reporting" means the making by means of written symbols or abbreviations in shorthand or machine writing or oral recording by a stenomask reporter of a verbatim record of any oral court proceeding, deposition, or proceeding before a jury, referee, court commissioner, special master, governmental entity, or administrative agency and the producing of a transcript from the proceeding. [1995 c 27 § 3; 1989 c 382 § 3.] 18.145.020 18.145.030 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Department" means the department of licensing. (2) "Director" means the director of licensing. (3) "Court reporter" means an individual certified under this chapter. [1995 c 269 § 501; 1995 c 27 § 4; 1989 c 382 § 4.] 18.145.030 Effective dates—2005 c 339: See note following RCW 18.140.005. 18.140.900 18.140.900 Short title. This chapter may be known and cited as the real estate appraiser act. [1993 c 30 § 22; 1989 c 414 § 2.] 18.140.910 18.140.910 Severability—1989 c 414. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1989 c 414 § 26.] [Title 18 RCW—page 342] Reviser’s note: This section was amended by 1995 c 27 § 4 and by 1995 c 269 § 501, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Effective date—1995 c 269: See note following RCW 9.94A.850. (2008 Ed.) Court Reporting Practice Act Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005. 18.145.040 Exemptions. Nothing in this chapter prohibits or restricts: (1) The practice of court reporting by individuals who are licensed, certified, or registered as court reporters under other laws of this state and who are performing services within their authorized scope of practice; (2) The practice of court reporting by an individual employed by the government of the United States while the individual is performing duties prescribed by the laws and regulations of the United States; or (3) The introduction of alternate technology in court reporting practice. [1995 c 27 § 5; 1989 c 382 § 5.] 18.145.040 18.145.050 Powers of director. In addition to any other authority provided by law, the director may: (1) Adopt rules in accordance with chapter 34.05 RCW that are necessary to implement this chapter; (2) Set all renewal, late renewal, duplicate, and verification fees in accordance with RCW 43.24.086; (3) Establish the forms and procedures necessary to administer this chapter; (4) Issue a certificate to any applicant who has met the requirements for certification; (5) Hire clerical and administrative staff as needed to implement and administer this chapter; (6) Maintain the official departmental record of all applicants and certificate holders; (7) Approve the preparation and administration of examinations for certification; (8) Establish by rule the procedures for an appeal of a failure of an examination; (9) Set the criteria for meeting the standard required for certification; (10) Establish advisory committees whose membership shall include representatives of professional court reporting and stenomasking associations and representatives from accredited schools offering degrees in court reporting or stenomasking to advise the director on testing procedures, professional standards, disciplinary activities, or any other matters deemed necessary; (11) Establish ad hoc advisory committees whose membership shall include representatives of professional court reporting and stenomasking associations and representatives from accredited schools offering degrees in court reporting or stenomasking to advise the director on testing procedures, professional standards, or any other matters deemed necessary. [2002 c 86 § 243. Prior: 1995 c 269 § 502; 1995 c 27 § 6; 1989 c 382 § 6.] 18.145.050 18.145.120 ble for any act performed in good faith in the course of their duties. [1995 c 269 § 503; 1995 c 27 § 7; 1989 c 382 § 8.] Reviser’s note: This section was amended by 1995 c 27 § 7 and by 1995 c 269 § 503, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Effective date—1995 c 269: See note following RCW 9.94A.850. Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005. 18.145.080 Certification requirements. The department shall issue a certificate to any applicant who meets the standards established under this chapter and who: (1) Is holding one of the following: (a) Certificate of proficiency, registered professional reporter, registered merit reporter, or registered diplomate reporter from [the] national court reporters association; (b) Certificate of proficiency or certificate of merit from [the] national stenomask verbatim reporters association; or (c) A current Washington state court reporter certification; or (2) Has passed an examination approved by the director or an examination that meets or exceeds the standards established by the director. [1995 c 269 § 504; 1995 c 27 § 8; 1989 c 382 § 9.] 18.145.080 Reviser’s note: This section was amended by 1995 c 27 § 8 and by 1995 c 269 § 504, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Effective date—1995 c 269: See note following RCW 9.94A.850. Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005. 18.145.090 Certification applications—Fee. Applications for certification shall be submitted on forms provided by the department. The department may require information and documentation to determine whether the applicant meets the standard for certification as provided in this chapter. Each applicant shall pay a fee determined by the director as provided in RCW 43.24.086 which shall accompany the application. [1995 c 27 § 9; 1989 c 382 § 10.] 18.145.090 18.145.100 Renewals—Late fees—Reinstatement. The director shall establish by rule the requirements and the renewal and late renewal fees for certification. Failure to renew the certificate on or before the expiration date cancels all privileges granted by the certificate. If an individual desires to reinstate a certificate which had not been renewed for three years or more, the individual shall satisfactorily demonstrate continued competence in conformance with standards determined by the director. [1989 c 382 § 11.] 18.145.100 Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005. 18.145.110 Persons with stenomask reporting experience. Persons with two or more years’ experience in stenomask reporting in Washington state as of January 1, 1996, shall be granted a court reporter certificate without examination, if application is made before January 1, 1996. [1995 c 27 § 10; 1989 c 382 § 12.] 18.145.070 Liability of director. The director and individuals acting on the director’s behalf shall not be civilly lia- 18.145.120 Sanctions against certificate—Director’s powers—Costs. (1) Upon receipt of complaints against Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. Effective date—1995 c 269: See note following RCW 9.94A.850. 18.145.070 (2008 Ed.) 18.145.110 18.145.120 [Title 18 RCW—page 343] 18.145.125 Title 18 RCW: Businesses and Professions court reporters, the director shall investigate and evaluate the complaint to determine if disciplinary action is appropriate. The director shall hold disciplinary hearings pursuant to chapter 34.05 RCW. (2) After a hearing conducted under chapter 34.05 RCW and upon a finding that a certificate holder or applicant has committed unprofessional conduct or is unable to practice with reasonable skill and safety due to a physical or mental condition, the director may issue an order providing for one or any combination of the following: (a) Revocation of the certification; (b) Suspension of the certificate for a fixed or indefinite term; (c) Restriction or limitation of the practice; (d) Requiring the satisfactory completion of a specific program or remedial education; (e) The monitoring of the practice by a supervisor approved by the director; (f) Censure or reprimand; (g) Compliance with conditions of probation for a designated period of time; (h) Denial of the certification request; (i) Corrective action; (j) Refund of fees billed to or collected from the consumer. Any of the actions under this section may be totally or partly stayed by the director. In determining what action is appropriate, the director shall consider sanctions necessary to protect the public, after which the director may consider and include in the order requirements designed to rehabilitate the certificate holder or applicant. All costs associated with compliance to orders issued under this section are the obligation of the certificate holder or applicant. [1995 c 27 § 11; 1989 c 382 § 13.] 18.145.125 Certificate suspension—Nonpayment or default on educational loan or scholarship. The director shall suspend the certificate of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person’s certificate shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for certification during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose. [1996 c 293 § 20.] 18.145.125 Severability—1996 c 293: See note following RCW 18.04.420. 18.145.127 Certificate suspension—Noncompliance with support order—Reissuance. The director shall immediately suspend any certificate issued under this chapter if the holder has been certified pursuant to RCW 74.20A.320 by 18.145.127 [Title 18 RCW—page 344] the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate shall be automatic upon the director’s receipt of a release issued by the department of social and health services stating that the person is in compliance with the order. [1997 c 58 § 833.] *Reviser’s note: 1997 c 58 § 887 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 18.145.130 Unprofessional conduct. The following conduct, acts, or conditions constitute unprofessional conduct for any certificate holder or applicant under the jurisdiction of this chapter: (1) The commission of any act involving moral turpitude, dishonesty, or corruption relating to the practice of court reporting, whether or not the act constitutes a crime. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action; (2) Misrepresentation or concealment of a material fact in obtaining or in seeking reinstatement of a certificate; (3) Advertising in a false, fraudulent, or misleading manner; (4) Incompetence or negligence; (5) Suspension, revocation, or restriction of the individual’s certificate, registration, or license to practice court reporting by a regulatory authority in any state, federal, or foreign jurisdiction; (6) Violation of any state or federal statute or administrative rule regulating the profession; (7) Failure to cooperate in an inquiry, investigation, or disciplinary action by: (a) Not furnishing papers or documents; (b) Not furnishing in writing a full and complete explanation of the matter contained in the complaint filed with the director; (c) Not responding to subpoenas issued by the director, regardless of whether the recipient of the subpoena is the accused in the proceeding; (8) Failure to comply with an order issued by the director or an assurance of discontinuance entered into with the director; (9) Misrepresentation or fraud in any aspect of the conduct of the business or profession; (10) Conviction of any gross misdemeanor or felony relating to the practice of the profession. For the purpose of this subsection, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for conviction and all proceedings in which the sentence has been deferred or suspended. Nothing in this section abrogates rights guaran18.145.130 (2008 Ed.) Sex Offender Treatment Providers teed under chapter 9.96A RCW. [1995 c 27 § 12; 1989 c 382 § 14.] 18.145.140 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 244.] 18.145.140 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.145.900 Short title. This chapter may be known and cited as the court reporting practice act. [1995 c 27 § 13; 1989 c 382 § 15.] 18.145.900 18.145.910 Effective date—Implementation—1989 c 382. This act shall take effect September 1, 1989, except that the director may immediately take such steps as are necessary to ensure that this act is implemented on its effective date. [1989 c 382 § 16.] 18.145.910 18.145.911 Severability—1989 c 382. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1989 c 382 § 17.] 18.145.911 Chapter 18.155 RCW SEX OFFENDER TREATMENT PROVIDERS Chapter 18.155 Sections 18.155.010 18.155.020 18.155.030 18.155.040 18.155.050 18.155.060 18.155.070 18.155.075 18.155.080 18.155.090 18.155.900 18.155.901 18.155.902 Findings—Construction. Definitions. Certificate required. Secretary—Authority. Sexual offender treatment providers advisory committee. Immunity. Certificate—Requirements. Affiliate certificate—Requirements. Standards and procedures. Application of uniform disciplinary act. Index, part headings not law—1990 c 3. Severability—1990 c 3. Effective dates—Application—1990 c 3. 18.155.010 Findings—Construction. The legislature finds that sex offender therapists who examine and treat sex offenders pursuant to the special sexual offender sentencing alternative under RCW 9.94A.670 and who may treat juvenile sex offenders pursuant to RCW 13.40.160, play a vital role in protecting the public from sex offenders who remain in the community following conviction. The legislature finds that the qualifications, practices, techniques, and effectiveness of sex offender treatment providers vary widely and that the court’s ability to effectively determine the appropriateness of granting the sentencing alternative and monitoring the offender to ensure continued protection of the community is undermined by a lack of regulated practices. The legislature recognizes the right of sex offender therapists to practice, consistent with the paramount requirements of public safety. Public safety is best served by regulating sex offender therapists whose clients are being evaluated and being treated pur18.155.010 (2008 Ed.) 18.155.030 suant to RCW 9.94A.670 and 13.40.160. This chapter shall be construed to require only those sex offender therapists who examine and treat sex offenders pursuant to RCW 9.94A.670 and 13.40.160 to obtain a sexual offender treatment certification as provided in this chapter. [2000 c 171 § 32; 2000 c 28 § 37; 1990 c 3 § 801.] Reviser’s note: This section was amended by 2000 c 28 § 37 and by 2000 c 171 § 32, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Technical correction bill—2000 c 28: See note following RCW 9.94A.015. Headings and captions not law—Effective date—Severability— 2000 c 28: See RCW 9.94A.920, 9.94A.921, and 9.94A.922. 18.155.020 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter: (1) "Certified sex offender treatment provider" means a licensed, certified, or registered health professional who is certified to examine and treat sex offenders pursuant to chapters 9.94A and 13.40 RCW and sexually violent predators under chapter 71.09 RCW. (2) "Certified affiliate sex offender treatment provider" means a licensed, certified, or registered health professional who is certified as an affiliate to examine and treat sex offenders pursuant to chapters 9.94A and 13.40 RCW and sexually violent predators under chapter 71.09 RCW under the supervision of a certified sex offender treatment provider. (3) "Department" means the department of health. (4) "Secretary" means the secretary of health. (5) "Sex offender treatment provider" or "affiliate sex offender treatment provider" means a person who counsels or treats sex offenders accused of or convicted of a sex offense as defined by RCW 9.94A.030. [2004 c 38 § 3; 2001 2nd sp.s. c 12 § 401. Prior: 2000 c 171 § 33; 2000 c 28 § 38; 1990 c 3 § 802.] 18.155.020 Effective date—2004 c 38: See note following RCW 18.155.075. Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250. Technical correction bill—2000 c 28: See note following RCW 9.94A.015. Headings and captions not law—Effective date—Severability— 2000 c 28: See RCW 9.94A.920, 9.94A.921, and 9.94A.922. 18.155.030 Certificate required. (1) No person shall represent himself or herself as a certified sex offender treatment provider or certified affiliate sex offender treatment provider without first applying for and receiving a certificate pursuant to this chapter. (2) Only a certified sex offender treatment provider, or certified affiliate sex offender treatment provider who has completed at least fifty percent of the required hours under the supervision of a certified sex offender treatment provider, may perform or provide the following services: (a) Evaluations conducted for the purposes of and pursuant to RCW 9.94A.670 and 13.40.160; (b) Treatment of convicted level III sex offenders who are sentenced and ordered into treatment pursuant to chapter 9.94A RCW and adjudicated level III juvenile sex offenders who are ordered into treatment pursuant to chapter 13.40 RCW; 18.155.030 [Title 18 RCW—page 345] 18.155.040 Title 18 RCW: Businesses and Professions (c) Except as provided under subsection (3) of this section, treatment of sexually violent predators who are conditionally released to a less restrictive alternative pursuant to chapter 71.09 RCW. (3) A certified sex offender treatment provider, or certified affiliate sex offender treatment provider who has completed at least fifty percent of the required hours under the supervision of a certified sex offender treatment provider, may not perform or provide treatment of sexually violent predators under subsection (2)(c) of this section if the treatment provider has been: (a) Convicted of a sex offense, as defined in RCW 9.94A.030; (b) Convicted in any other jurisdiction of an offense that under the laws of this state would be classified as a sex offense as defined in RCW 9.94A.030; or (c) Suspended or otherwise restricted from practicing any health care profession by competent authority in any state, federal, or foreign jurisdiction. (4) Certified sex offender treatment providers and certified affiliate sex offender treatment providers may perform or provide the following service: Treatment of convicted level I and level II sex offenders who are sentenced and ordered into treatment pursuant to chapter 9.94A RCW and adjudicated juvenile level I and level II sex offenders who are sentenced and ordered into treatment pursuant to chapter 13.40 RCW. [2004 c 38 § 4; 2001 2nd sp.s. c 12 § 402. Prior: 2000 c 171 § 34; 2000 c 28 § 39; 1990 c 3 § 803.] Effective date—2004 c 38: See note following RCW 18.155.075. Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250. Technical correction bill—2000 c 28: See note following RCW 9.94A.015. Headings and captions not law—Effective date—Severability— 2000 c 28: See RCW 9.94A.920, 9.94A.921, and 9.94A.922. 18.155.040 Secretary—Authority. In addition to any other authority provided by law, the secretary shall have the following authority: (1) To set administrative procedures, administrative requirements, and fees in accordance with RCW 43.70.250 and 43.70.280; (2) To establish forms necessary to administer this chapter; (3) To issue a certificate or an affiliate certificate to any applicant who has met the education, training, and examination requirements for certification or an affiliate certification and deny a certificate to applicants who do not meet the minimum qualifications for certification or affiliate certification. Proceedings concerning the denial of certificates based on unprofessional conduct or impaired practice shall be governed by the uniform disciplinary act, chapter 18.130 RCW; (4) To hire clerical, administrative, and investigative staff as needed to implement and administer this chapter and to hire individuals including those certified under this chapter to serve as examiners or consultants as necessary to implement and administer this chapter; (5) To maintain the official department record of all applicants and certifications; (6) To conduct a hearing on an appeal of a denial of a certificate on the applicant’s failure to meet the minimum 18.155.040 [Title 18 RCW—page 346] qualifications for certification. The hearing shall be conducted pursuant to chapter 34.05 RCW; (7) To issue subpoenas, statements of charges, statements of intent to deny certificates, and orders and to delegate in writing to a designee the authority to issue subpoenas, statements of charges, and statements of intent to deny certificates; (8) To determine the minimum education, work experience, and training requirements for certification or affiliate certification, including but not limited to approval of educational programs; (9) To prepare and administer or approve the preparation and administration of examinations for certification; (10) To establish by rule the procedure for appeal of an examination failure; (11) To adopt rules implementing a continuing competency program; (12) To adopt rules in accordance with chapter 34.05 RCW as necessary to implement this chapter. [2004 c 38 § 5; 1996 c 191 § 86; 1990 c 3 § 804.] Effective date—2004 c 38: See note following RCW 18.155.075. 18.155.050 Sexual offender treatment providers advisory committee. (1) The sexual offender treatment providers advisory committee is established to advise the secretary concerning the administration of this chapter. (2) The secretary shall appoint the members of the advisory committee who shall consist of the following persons: (a) One superior court judge; (b) Three sexual offender treatment providers; (c) One mental health practitioner who specializes in treating victims of sexual assault; (d) One defense attorney with experience in representing persons charged with sexual offenses; (e) One representative from the Washington association of prosecuting attorneys; (f) The secretary of the department of social and health services or his or her designee; (g) The secretary of the department of corrections or his or her designee. The secretary shall develop and implement the certification procedures with the advice of the committee by July 1, 1991. Following implementation of these procedures by the secretary, the committee shall be a permanent body. The members shall serve staggered six-year terms, to be set by the secretary. No person other than the members representing the departments of social and health services and corrections may serve more than two consecutive terms. The secretary may remove any member of the advisory committee for cause as specified by rule. In a case of a vacancy, the secretary shall appoint a person to serve for the remainder of the unexpired term. (3) Committee members shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. (4) The committee shall elect officers as deemed necessary to administer its duties. A simple majority of the committee members currently serving shall constitute a quorum of the committee. (5) Members of the advisory committee shall be residents of this state. The members who are sex offender treat18.155.050 (2008 Ed.) Sex Offender Treatment Providers ment providers must have a minimum of five years of extensive work experience in treating sex offenders to qualify for appointment to the initial committee, which shall develop and implement the certification program. After July 1, 1991, the sex offender treatment providers on the committee must be certified pursuant to this chapter. (6) The committee shall meet at times as necessary to conduct committee business. [1990 c 3 § 805.] 18.155.060 18.155.060 Immunity. The secretary, members of the committee, and individuals acting on their behalf are immune from suit in any action, civil or criminal, based on any acts performed in the course of their duties. [1990 c 3 § 806.] 18.155.070 18.155.070 Certificate—Requirements. The department shall issue a certificate to any applicant who meets the following requirements: (1) Successful completion of an educational program approved by the secretary or successful completion of alternate training which meets the criteria of the secretary; (2) Successful completion of any experience requirement established by the secretary; (3) Successful completion of an examination administered or approved by the secretary; (4) Not having engaged in unprofessional conduct or being unable to practice with reasonable skill and safety as a result of a physical or mental impairment; (5) Not convicted of a sex offense, as defined in RCW 9.94A.030 or convicted in any other jurisdiction of an offense that under the laws of this state would be classified as a sex offense as defined in RCW 9.94A.030; and (6) Other requirements as may be established by the secretary that impact the competence of the sex offender treatment provider. [2006 c 134 § 1; 1990 c 3 § 807.] 18.155.075 18.155.075 Affiliate certificate—Requirements. The department shall issue an affiliate certificate to any applicant who meets the following requirements: (1) Successful completion of an educational program approved by the secretary or successful completion of alternate training which meets the criteria of the secretary; (2) Successful completion of an examination administered or approved by the secretary; (3) Proof of supervision by a certified sex offender treatment provider; (4) Not having engaged in unprofessional conduct or being unable to practice with reasonable skill and safety as a result of a physical or mental impairment; (5) Not convicted of a sex offense, as defined in RCW 9.94A.030 or convicted in any other jurisdiction of an offense that under the laws of this state would be classified as a sex offense as defined in RCW 9.94A.030; and (6) Other requirements as may be established by the secretary that impact the competence of the sex offender treatment provider. [2006 c 134 § 2; 2004 c 38 § 6.] Effective date—2004 c 38: "This act takes effect July 1, 2004." [2004 c 38 § 15.] (2008 Ed.) 18.155.902 18.155.080 Standards and procedures. The secretary shall establish standards and procedures for approval of the following: (1) Educational programs and alternate training; (2) Examination procedures; (3) Certifying applicants who have a comparable certification in another jurisdiction; (4) Application method and forms; (5) Requirements for renewals of certificates; (6) Requirements of certified sex offender treatment providers and certified affiliate sex offender treatment providers who seek inactive status; (7) Other rules, policies, administrative procedures, and administrative requirements as appropriate to carry out the purposes of this chapter. [2004 c 38 § 7; 1996 c 191 § 87; 1990 c 3 § 808.] 18.155.080 Effective date—2004 c 38: See note following RCW 18.155.075. 18.155.090 Application of uniform disciplinary act. The uniform disciplinary act, chapter 18.130 RCW, governs unauthorized practice, the issuance and denial of certificates, and the discipline of certified sex offender treatment providers and certified affiliate sex offender treatment providers under this chapter. [2004 c 38 § 8; 1990 c 3 § 809.] 18.155.090 Effective date—2004 c 38: See note following RCW 18.155.075. 18.155.900 Index, part headings not law—1990 c 3. The index and part headings used in this act do not constitute any part of the law. [1990 c 3 § 1404.] 18.155.900 18.155.901 Severability—1990 c 3. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1990 c 3 § 1405.] 18.155.901 18.155.902 Effective dates—Application—1990 c 3. (1) Sections 101 through 131, 401 through 409, 501 through 504, 606, 707 and 708, 801 through 810, 1101 through 1104, 1201 through 1210, and 1401 through 1403 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [February 28, 1990]. (2) Sections 201 through 203, 301 through 305, 701 through 706, and 901 through 904 shall take effect July 1, 1990, and shall apply to crimes committed on or after July 1, 1990. (3) Sections 1001 through 1012 shall take effect July 1, 1990. (4) Section 1301 shall take effect July 1, 1991. (5) Sections 601 through 605, for purposes of sentencing adult or juvenile offenders shall take effect July 1, 1990, and shall apply to crimes or offenses committed on or after July 1, 1990. For purposes of defining a "sexually violent offense" pursuant to section 1002(4) of this act, sections 601 through 605 of this act shall take effect July 1, 1990, and shall apply to crimes committed on, before, or after July 1, 1990. [1990 c 3 § 1406.] 18.155.902 [Title 18 RCW—page 347] Chapter 18.160 Title 18 RCW: Businesses and Professions Chapter 18.160 RCW FIRE SPRINKLER SYSTEM CONTRACTORS Chapter 18.160 Sections 18.160.010 18.160.020 18.160.030 18.160.040 18.160.050 18.160.070 18.160.080 18.160.085 18.160.090 18.160.100 18.160.110 18.160.120 18.160.900 18.160.901 18.160.902 Definitions. Local government license and permit requirements—Exemptions from chapter. State director of fire protection—Duties. Certificate of competency—Contractor license. Renewal—Certificate of competency—Contractor license— Fire protection contractor license fund created. Local government regulation—Application to state and government contractors. Actions against certificates or licenses—Grounds—Appeal. Certificate suspension—Nonpayment or default on educational loan or scholarship. Surety bond—Security deposit—Venue and time limit for actions upon bonds—Limit of liability of surety—Payment of claims. Unlicensed operations—Penalty. Enforcement—Civil proceedings. Infractions—Failure to obtain certificate of competency— Fines. Prospective application. Effective date—1990 c 177. Severability—1990 c 177. Criminal penalties: RCW 9.45.260. 18.160.010 Definitions. The following words or terms shall have the meanings indicated unless the context clearly indicates otherwise. (1) "Certificate of competency holder" means an individual who has satisfactorily met the qualifications and has received a certificate of competency from the state director of fire protection under the provisions of this chapter. (2) "Fire protection sprinkler system contractor" means a person or organization that offers to undertake the execution of contracts for the installation, inspection, maintenance, or servicing of a fire protection sprinkler system or any part of such a system. (3) "Fire protection sprinkler system" means an assembly of underground and/or overhead piping or conduit beginning at the connection to the primary water supply, whether public or private, that conveys water with or without other agents to dispersal openings or devices to extinguish, control, or contain fire and to provide protection from exposure to fire or other products of combustion. (4) "Fire protection sprinkler system contractor’s license" means the license issued by the state director of fire protection to a fire protection sprinkler system contractor upon an application being approved, the fee being paid, and the satisfactory completion of the requirements of this chapter. The license shall be issued in the name of the fire protection sprinkler system contractor with the name or names of the certificate of competency holder noted thereon. (5) "NFPA 13-D" means whatever standard that is used by the national fire protection association for the installation of fire protection sprinkler systems in one or two-family residential dwellings or mobile homes. (6) "NFPA 13-R" means whatever standard that is used by the national fire protection association for the installation of fire protection sprinkler systems in residential dwellings up to four stories in height. (7) "Inspection" means a visual examination of a fire protection sprinkler system or portion of the system to verify that the system appears to be in operating condition and is free from physical damage and complies with the applicable 18.160.010 [Title 18 RCW—page 348] statutes and regulations adopted by the state director of fire protection. (8) "Installation" means the initial placement of fire protection sprinkler system equipment or the extension, modification, or alteration of equipment after the initial placement. Installation shall include the work from a street or main water access throughout the entire building. (9) "Maintenance" means to maintain in the condition of repair that provides performance as originally planned. (10) "Organization" means a corporation, partnership, firm, or other business association, governmental entity, or any other legal or commercial entity. (11) "Person" means a natural person, including an owner, manager, partner, officer, employee, or occupant. (12) "Service" means to repair or test. [1990 c 177 § 2.] 18.160.020 Local government license and permit requirements—Exemptions from chapter. (1) A municipality or county may not enact an order, ordinance, rule, or regulation requiring a fire protection sprinkler system contractor to obtain a fire sprinkler contractor license from the municipality or county. However, a municipality or county may require a fire protection sprinkler system contractor to obtain a permit and pay a fee for the installation of a fire protection sprinkler system and require the installation of such systems to conform with the building code or other construction requirements of the municipality or county, but may not impose financial responsibility requirements other than proof of a valid license. (2) This chapter does not apply to: (a) United States, state, and local government employees, building officials, fire marshals, fire inspectors, or insurance inspectors when acting in their official capacities; (b) A person or organization acting under court order; (c) A person or organization that sells or supplies products or materials to a licensed fire protection sprinkler system contractor; (d) A registered professional engineer acting solely in a professional capacity; (e) An employee of a licensed fire protection sprinkler system contractor performing duties for the registered fire protection sprinkler system contractor; and (f) An owner/occupier of a single-family residence performing his or her own installation in that residence. [1990 c 177 § 3.] 18.160.020 18.160.030 State director of fire protection—Duties. (1) This chapter shall be administered by the state director of fire protection. (2) The state director of fire protection shall have the authority, and it shall be his or her duty to: (a) Issue such administrative regulations as necessary for the administration of this chapter; (b)(i) Set reasonable fees for licenses, certificates, testing, and other aspects of the administration of this chapter. However, the license fee for fire protection sprinkler system contractors engaged solely in the installation, inspection, maintenance, or servicing of NFPA 13-D fire protection sprinkler systems shall not exceed one hundred dollars, and the license fee for fire protection sprinkler system contractors 18.160.030 (2008 Ed.) Fire Sprinkler System Contractors engaged solely in the installation, inspection, maintenance, or servicing of NFPA 13-R fire protection sprinkler systems shall not exceed three hundred dollars; (ii) Adopt rules establishing a special category restricted to contractors registered under chapter 18.27 RCW who install underground systems that service fire protection sprinkler systems. The rules shall be adopted within ninety days of March 31, 1992; (iii) Subject to RCW 18.160.120, adopt rules defining infractions under this chapter and fines to be assessed for those infractions; (c) Enforce the provisions of this chapter; (d) Conduct investigations of complaints to determine if any infractions of this chapter or the regulations developed under this chapter have occurred; (e) Assign a certificate number to each certificate of competency holder; and (f) Adopt rules necessary to implement and administer a program which requires the affixation of a seal any time a fire protection sprinkler system is installed, which seal shall include the certificate number of any certificate of competency holder who installs, in whole or in part, the fire protection sprinkler system. [2003 c 74 § 1; 2000 c 171 § 35; 1992 c 116 § 2; 1990 c 177 § 4.] 18.160.040 Certificate of competency—Contractor license. (1) To become a certificate of competency holder under this chapter, an applicant must have satisfactorily passed an examination administered by the state director of fire protection. A certificate of competency holder can satisfy this examination requirement by presenting a copy of a current certificate of competency from the national institute for certification in engineering technologies showing that the applicant has achieved the classification of engineering technician level 3 or senior engineering technician level 4 in the field of fire protection, automatic sprinkler system layout. The state director of fire protection may accept equivalent proof of qualification in lieu of examination. This examination requirement is mandatory except as otherwise provided in this chapter. (2) Every applicant for a certificate of competency shall fulfill the requirements established by the state director of fire protection under chapter 34.05 RCW. (3) Every applicant for a certificate of competency shall make application to the state director of fire protection and pay the fees required. (4) Provided the application for the certificate of competency is made prior to ninety days after May 1, 1991, the state director of fire protection, in lieu of the examination requirements of the applicant for a certificate of competency, may accept as satisfactory evidence of competency and qualification, affidavits attesting that the applicant has had a minimum of three years’ experience. (5) The state director of fire protection may issue a temporary certificate of competency to an applicant who, in his or her judgment, will satisfactorily perform as a certificate of competency holder under the provisions of this chapter. The temporary certificate of competency shall remain in effect for a period of up to three years. The temporary certificate of competency holder shall, within the three-year period, complete the examination requirements specified in subsection 18.160.040 (2008 Ed.) 18.160.050 (1) of this section. There shall be no examination exemption for an individual issued a temporary certificate of competency. Prior to the expiration of the three-year period, the temporary certificate of competency holder shall make application for a regular certificate of competency. The procedures and qualifications for issuance of a regular certificate of competency shall be applicable to the temporary certificate of competency holder. When a temporary certificate of competency expires, the holder shall cease all activities associated with the holding of a temporary certificate of competency, subject to the penalties contained in this chapter. (6) To become a licensed fire protection sprinkler system contractor under this chapter, a person or firm must comply with the following: (a) Must be or have in his or her full-time employ a holder of a valid certificate of competency; (b) Comply with the minimum insurance requirements of this chapter; and (c) Make application to the state director of fire protection for a license and pay the fees required. (7) Each license and certificate of competency issued under this chapter must be posted in a conspicuous place in the fire protection sprinkler system contractor’s place of business. (8) All bids, advertisements, proposals, offers, and installation drawings for fire protection sprinkler systems must prominently display the fire protection sprinkler system contractor’s license number. (9) A certificate of competency or license issued under this chapter is not transferable. (10) In no case shall a certificate of competency holder be employed full time by more than one fire protection sprinkler system contractor at the same time. If the certificate of competency holder should leave the employment of the fire protection sprinkler system contractor, he or she must notify the state director of fire protection within thirty days. If the certificate of competency holder should leave the employment of the fire protection sprinkler system contractor, the contractor shall have six months or until the expiration of the current license, whichever occurs last, to submit a new application identifying another certificate of competency holder who is at the time of application an owner of the fire protection sprinkler system business or a full-time employee of the fire protection sprinkler system contractor, in order to be issued a new license. If such application is not received and a new license issued within the allotted time, the state director of fire protection shall revoke the license of the fire protection sprinkler system contractor. [2000 c 171 § 36; 1990 c 177 § 5.] 18.160.050 Renewal—Certificate of competency— Contractor license—Fire protection contractor license fund created. (1)(a) All certificate of competency holders that desire to continue in the fire protection sprinkler business shall annually, prior to January 1, secure from the state director of fire protection a renewal certificate of competency upon payment of the fee as prescribed by the state director of fire protection. Application for renewal shall be upon a form prescribed by the state director of fire protection and the certificate holder shall furnish the information required by the director. 18.160.050 [Title 18 RCW—page 349] 18.160.070 Title 18 RCW: Businesses and Professions (b) Failure of any certificate of competency holder to secure his or her renewal certificate of competency within sixty days after the due date shall constitute sufficient cause for the state director of fire protection to suspend the certificate of competency. (c) The state director of fire protection may, upon the receipt of payment of all delinquent fees including a late charge, restore a certificate of competency that has been suspended for failure to pay the renewal fee. (d) A certificate of competency holder may voluntarily surrender his or her certificate of competency to the state director of fire protection and be relieved of the annual renewal fee. After surrendering the certificate of competency, he or she shall not be known as a certificate of competency holder and shall desist from the practice thereof. Within two years from the time of surrender of the certificate of competency, he or she may again qualify for a certificate of competency, without examination, by the payment of the required fee. If two or more years have elapsed, he or she shall return to the status of a new applicant. (2)(a) All licensed fire protection sprinkler system contractors desiring to continue to be licensed shall annually, prior to January 1, secure from the state director of fire protection a renewal license upon payment of the fee as prescribed by the state director of fire protection. Application for renewal shall be upon a form prescribed by the state director of fire protection and the license holder shall furnish the information required by the director. (b) Failure of any license holder to secure his or her renewal license within sixty days after the due date shall constitute sufficient cause for the state director of fire protection to suspend the license. (c) The state director of fire protection may, upon the receipt of payment of all delinquent fees including a late charge, restore a license that has been suspended for failure to pay the renewal fee. (3) The initial certificate of competency or license fee shall be prorated based upon the portion of the year such certificate of competency or license is in effect, prior to renewal on January 1. (4) The fire protection contractor license fund is created in the custody of the state treasurer. All receipts from license and certificate fees and charges or from the money generated by the rules and regulations promulgated under this chapter shall be deposited into the fund. Expenditures from the fund may be used only for purposes authorized under this chapter and standards for fire protection and its enforcement, with respect to all hospitals as required by RCW 70.41.080, and for providing assistance in identifying fire sprinkler system components that have been subject to either a recall or voluntary replacement program by a manufacturer of fire sprinkler products, a nationally recognized testing laboratory, or the federal consumer product safety commission. Assistance shall include, but is not limited to, aiding in the identification of recalled components, information sharing strategies aimed at ensuring the consumer is made aware of recalls and voluntary replacement programs, and providing training and assistance to local fire authorities, the fire sprinkler industry, and the public. Only the state director of fire protection or the director’s designee may authorize expenditures from the fund. The fund is subject to allotment procedures under [Title 18 RCW—page 350] chapter 43.88 RCW, but no appropriation is required for expenditures. [2008 c 155 § 2; 2005 c 109 § 1; 1990 c 177 § 6.] 18.160.070 Local government regulation—Application to state and government contractors. (1) Nothing in this chapter limits the power of a municipality, county, or the state to regulate the quality and character of work performed by contractors, through a system of permits, fees, and inspections which are designed to assure compliance with and aid in the implementation of state and local building laws or to enforce other local laws for the protection of the public health and safety. Nothing in this chapter limits the power of the municipality, county, or the state to adopt any system of permits requiring submission to and approval by the municipality, county, or the state, of technical drawings and specifications for work to be performed by contractors before commencement of the work. The official authorized to issue building or other related permits shall ascertain that the fire protection sprinkler system contractor is duly licensed by requiring evidence of a valid fire protection sprinkler system contractor’s license. (2) This chapter applies to any fire protection sprinkler system contractor performing work for any municipality, county, or the state. Officials of any municipality, county, or the state are required to determine compliance with this chapter before awarding any contracts for the installation, repair, service, alteration, fabrication, addition, or inspection of a fire protection sprinkler system. [1990 c 177 § 8.] 18.160.070 18.160.080 Actions against certificates or licenses— Grounds—Appeal. (1) The state director of fire protection may refuse to issue or renew or may suspend or revoke the privilege of a licensed fire protection sprinkler system contractor or the certificate of a certificate of competency holder to engage in the fire protection sprinkler system business or in lieu thereof, establish penalties as prescribed by Washington state law, for any of the following reasons: (a) Gross incompetency or gross negligence in the preparation of technical drawings, installation, repair, alteration, maintenance, inspection, service, or addition to fire protection sprinkler systems; (b) Conviction of a felony; (c) Fraudulent or dishonest practices while engaging in the fire protection sprinkler systems business; (d) Use of false evidence or misrepresentation in an application for a license or certificate of competency; (e) Permitting his or her license to be used in connection with the preparation of any technical drawings which have not been prepared by him or her personally or under his or her immediate supervision, or in violation of this chapter; or (f) Knowingly violating any provisions of this chapter or the regulations issued thereunder. (2) The state director of fire protection shall revoke the license of a licensed fire protection sprinkler system contractor or the certificate of a certificate of competency holder who engages in the fire protection sprinkler system business while the license or certificate of competency is suspended. (3) The state director of fire protection shall immediately suspend any license or certificate issued under this chapter if 18.160.080 (2008 Ed.) Fire Sprinkler System Contractors the holder has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for issuance or reinstatement during the suspension, issuance or reissuance of the license or certificate shall be automatic upon the director’s receipt of a release issued by the department of social and health services stating that the person is in compliance with the order. (4) Any licensee or certificate of competency holder who is aggrieved by an order of the state director of fire protection suspending or revoking a license may, within thirty days after notice of such suspension or revocation, appeal under chapter 34.05 RCW. This subsection does not apply to actions taken under subsection (3) of this section. [1997 c 58 § 834; 1990 c 177 § 10.] *Reviser’s note: 1997 c 58 § 887 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 18.160.085 Certificate suspension—Nonpayment or default on educational loan or scholarship. The state director of fire protection shall suspend the certificate of any person who has been certified by a lending agency and reported to the state director of fire protection for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person’s certificate shall not be reissued until the person provides the state director of fire protection a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for certification during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the state director of fire protection may impose. [1996 c 293 § 21.] 18.160.085 Severability—1996 c 293: See note following RCW 18.04.420. 18.160.090 Surety bond—Security deposit—Venue and time limit for actions upon bonds—Limit of liability of surety—Payment of claims. (1) Before granting a license under this chapter, the director of fire protection shall require that the applicant file with the state director of fire protection a surety bond issued by a surety insurer who meets the requirements of chapter 48.28 RCW in a form acceptable to the director of fire protection running to the state of Washington in the penal sum of ten thousand dollars. However, the surety bond for a fire protection sprinkler system contractor 18.160.090 (2008 Ed.) 18.160.090 whose business is restricted solely to NFPA 13-D or NFPA 13-R systems shall be in the penal sum of six thousand dollars. The bond shall be conditioned that the applicant will pay all purchasers of fire protection sprinkler systems with whom the applicant has a contract for the applicant to install, inspect, maintain, or service a fire protection sprinkler system, and who have obtained a judgment against the applicant for the breach of such a contract. The term "purchaser" means an owner of property who has entered into a contract for the installation of a fire protection sprinkler system on that property, or a contractor who contracts to install, inspect, maintain, or service such a system with an owner of property and subcontracts the work to the applicant. No other person, including, but not limited to, persons who supply labor, materials, or rental equipment to the applicant, shall have any rights against the bond. (2) In lieu of the surety bond required by this section the applicant may file with the director of fire protection a deposit consisting of cash or other security acceptable to the director of fire protection in an amount equal to the penal sum of the required bond. The director of fire protection may adopt rules necessary for the proper administration of the security. (3) Before granting renewal of a fire protection sprinkler system contractor’s license to any applicant, the director of fire protection shall require that the applicant file with the director satisfactory evidence that the surety bond or cash deposit is in full force. (4) Any purchaser of a fire protection sprinkler system having a claim against the licensee for the breach of a contract for the licensee to install, inspect, maintain, or service a fire protection sprinkler system may bring suit upon such bond in superior court of the county in which the work was done or of any county in which jurisdiction of the licensee may be had. Any such action must be brought not later than one year after the expiration of the licensee’s license or renewal license then in effect at the time of the alleged breach of contract. (5) The bond shall be considered one continuous obligation, and the surety upon the bond shall not be liable in aggregate or cumulative amount exceeding ten thousand dollars, or six thousand dollars if the bond was issued to a licensee whose business is restricted solely to NFPA 13-D or NFPA 13-R systems, regardless of the number of years the bond is in effect, or whether it is reinstated, renewed, reissued, or otherwise continued, and regardless of the year in which any claim accrued. The bond shall not be liable for any liability of the licensee for tortious acts, whether or not such liability is imposed by statute or common law, or is imposed by contract. The bond shall not be a substitute or supplemental to any liability or other insurance required by law or by the contract. (6) If the surety desires to make payment without awaiting court action against it, the amount of the bond shall be reduced to the extent of any payment made by the surety in good faith under the bond. Any payment shall be based on final judgments received by the surety. (7) Claims against the bond shall be satisfied from the bond in the following order: (a) Claims by a purchaser of a fire protection sprinkler system for the breach of a contract for the licensee to install, [Title 18 RCW—page 351] 18.160.100 Title 18 RCW: Businesses and Professions inspect, maintain, or service a fire protection sprinkler system; (b) Any court costs, interest, and attorneys’ fees the plaintiff may be entitled to recover by contract, statute, or court rule. A condition precedent to the surety being liable to any claimant is a final judgment against the licensee, unless the surety desires to make payment without awaiting court action. In the event of a dispute regarding the apportionment of the bond proceeds among claimants, the surety may bring an action for interpleader against all claimants upon the bond. (8) Any purchaser of a fire protection sprinkler system having an unsatisfied final judgment against the licensee for the breach of a contract for the licensee to install, inspect, maintain, or service a fire protection sprinkler system may execute upon the security held by the director of fire protection by serving a certified copy of the unsatisfied final judgment by registered or certified mail upon the director within one year of the date of entry of such judgment. Upon the receipt of service of such certified copy the director shall pay or order paid from the deposit, through the registry of the court which rendered judgment, towards the amount of the unsatisfied judgment. The priority of payment by the director shall be the order of receipt by the director, but the director shall have no liability for payment in excess of the amount of the deposit. [1991 sp.s. c 6 § 1.] (3) All fines collected under this section shall be deposited into the fire protection contractor license fund. [2003 c 74 § 2.] 18.160.900 Prospective application. This chapter applies prospectively only and not retroactively. A municipal or county order, ordinance, rule, or regulation that is in effect as of May 1, 1991, is not invalid because of the provisions of this chapter. This chapter does not prohibit municipalities or counties from adopting stricter guidelines that will assure the proper installation of fire sprinkler systems within their jurisdictions. [1990 c 177 § 12.] 18.160.900 18.160.901 Effective date—1990 c 177. RCW 18.160.010 through 18.160.080 shall take effect May 1, 1991. [1990 c 177 § 13.] 18.160.901 18.160.902 Severability—1990 c 177. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1990 c 177 § 14.] 18.160.902 Chapter 18.165 Chapter 18.165 RCW PRIVATE INVESTIGATORS (Formerly: Private detectives) 18.160.100 Unlicensed operations—Penalty. Any fire protection sprinkler system contractor who constructs, installs, or maintains a fire protection sprinkler system in any occupancy, except an owner-occupied single-family dwelling, without first obtaining a fire sprinkler contractor’s license from the state of Washington, is guilty of a gross misdemeanor. This section may not be construed to create any criminal liability for a prime contractor or an owner of an occupancy unless it is proved that the prime contractor or owner had actual knowledge of an illegal construction, installation, or maintenance of a fire protection sprinkler system by a fire protection sprinkler system contractor. [1992 c 116 § 3.] 18.160.100 Wrongful acts by contractor, criminal penalty: RCW 9.45.260. 18.160.110 Enforcement—Civil proceedings. Civil proceedings to enforce this chapter may be brought by the attorney general or the prosecuting attorney of any county where a violation occurs on his or her own motion or at the request of the state director of fire protection. [1992 c 116 § 4.] 18.160.110 18.160.120 Infractions—Failure to obtain certificate of competency—Fines. (1) A fire protection sprinkler system contractor found to have committed an infraction under this chapter as defined in rule under RCW 18.160.030(2)(b)(iii) shall be assessed a fine of not less than two hundred dollars and not more than five thousand dollars. (2) A fire protection sprinkler system contractor who fails to obtain a certificate of competency under RCW 18.160.040 shall be assessed a fine of not less than one thousand dollars and not more than five thousand dollars. Sections 18.165.010 18.165.020 18.165.030 18.165.040 18.165.050 18.165.060 18.165.070 18.165.080 18.165.090 18.165.100 18.165.110 18.165.120 18.165.130 18.165.140 18.165.150 18.165.155 18.165.160 18.165.165 18.165.170 18.165.180 18.165.210 18.160.120 [Title 18 RCW—page 352] 18.165.220 18.165.230 18.165.270 18.165.280 18.165.290 18.165.300 18.165.900 18.165.901 Definitions. Exemptions. Private investigator license—Requirements. Armed private investigator license—Requirements. Private investigator agency license—Requirements, restrictions—Assignment or transfer. Armed private investigator license authority—Registration of firearms. Investigation of applicants. License cards and certificates—Issuance and requirements. Preassignment training and testing. Agency license—Surety bond or certificate of insurance required. Regulatory provisions exclusive—Authority of the state and political subdivisions. Out-of-state private investigators operating across state lines. Required notice of certain occurrences. Out-of-state private investigators—Application—Fee—Temporary assignment. Licenses required—Use of public law enforcement insignia prohibited—Penalties—Enforcement. Transfer of license. Unprofessional conduct. Display of firearms while soliciting clients. Authority of director. Complaints—Investigation—Immunity. Inability to practice by reason of a mental or physical condition—Statement of charges—Hearing—Sanctions—Mental or physical examinations—Presumed consent for examination. Unprofessional, unlawful conduct or inability to practice— Penalties. Enforcement of orders for payment of fines. Application of administrative procedure act to acts of the director. License or certificate suspension—Nonpayment or default on educational loan or scholarship. License suspension—Noncompliance with support order— Reissuance. Uniform regulation of business and professions act. Severability—1991 c 328. Severability—Effective date—1995 c 277. (2008 Ed.) Private Investigators 18.165.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Armed private investigator" means a private investigator who has a current firearms certificate issued by the commission and is licensed as an armed private investigator under this chapter. (2) "Chief law enforcement officer" means the elected or appointed police administrator of a municipal, county, or state police or sheriff’s department that has full law enforcement powers in its jurisdiction. (3) "Commission" means the criminal justice training commission established in chapter 43.101 RCW. (4) "Department" means the department of licensing. (5) "Director" means the director of the department of licensing. (6) "Employer" includes any individual, firm, corporation, partnership, association, company, society, manager, contractor, subcontractor, bureau, agency, service, office, or an agent of any of the foregoing that employs or seeks to enter into an arrangement to employ any person as a private investigator. (7) "Firearms certificate" means a certificate issued by the commission. (8) "Forensic scientist" or "accident reconstructionist" means a person engaged exclusively in collecting and analyzing physical evidence and data relating to an accident or other matter and compiling such evidence or data to render an opinion of likely cause, fault, or circumstance of the accident or matter. (9) "Person" includes any individual, firm, corporation, partnership, association, company, society, manager, contractor, subcontractor, bureau, agency, service, office, or an agent or employee of any of the foregoing. (10) "Principal" of a private investigator agency means the owner or manager appointed by a corporation. (11) "Private investigator" means a person who is licensed under this chapter and is employed by a private investigator agency for the purpose of investigation, escort or body guard services, or property loss prevention activities. (12) "Private investigator agency" means a person or entity licensed under this chapter and engaged in the business of detecting, discovering, or revealing one or more of the following: (a) Crime, criminals, or related information; (b) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person or thing; (c) The location, disposition, or recovery of lost or stolen property; (d) The cause or responsibility for fires, libels, losses, accidents, or damage or injury to persons or to property; (e) Evidence to be used before a court, board, officer, or investigative committee; (f) Detecting the presence of electronic eavesdropping devices; or (g) The truth or falsity of a statement or representation. 18.165.010 (2008 Ed.) 18.165.030 (13) "Qualifying agent" means an officer or manager of a corporation who meets the requirements set forth in this chapter for obtaining a private investigator agency license. (14) "Sworn peace officer" means a person who is an employee of the federal government, the state, or a political subdivision, agency, or department branch of a municipality or other unit of local government, and has law enforcement powers. [1995 c 277 § 17; 1991 c 328 § 1.] 18.165.020 Exemptions. The requirements of this chapter do not apply to: (1) A person who is employed exclusively or regularly by one employer and performs investigations solely in connection with the affairs of that employer, if the employer is not a private investigator agency; (2) An officer or employee of the United States or of this state or a political subdivision thereof, while engaged in the performance of the officer’s official duties; (3) A person engaged exclusively in the business of obtaining and furnishing information about the financial rating of persons; (4) An attorney-at-law while performing the attorney’s duties as an attorney; (5) A licensed collection agency or its employee, while acting within the scope of that person’s employment and making an investigation incidental to the business of the agency; (6) Insurers, agents, and insurance brokers licensed by the state, while performing duties in connection with insurance transacted by them; (7) A bank subject to the jurisdiction of the department of financial institutions or the comptroller of currency of the United States, or a savings and loan association subject to the jurisdiction of this state or the federal home loan bank board; (8) A licensed insurance adjuster performing the adjuster’s duties within the scope of the adjuster’s license; (9) A secured creditor engaged in the repossession of the creditor’s collateral, or a lessor engaged in the repossession of leased property in which it claims an interest; (10) A person who is a forensic scientist, accident reconstructionist, or other person who performs similar functions and does not hold himself or herself out to be an investigator in any other capacity; or (11) A person solely engaged in the business of securing information about persons or property from public records. [2000 c 171 § 37; 1995 c 277 § 18; 1991 c 328 § 2.] 18.165.020 18.165.030 Private investigator license—Requirements. An applicant must meet the following minimum requirements to obtain a private investigator license: (1) Be at least eighteen years of age; (2) Be a citizen or resident alien of the United States; (3) Not have been convicted of a crime in any jurisdiction, if the director determines that the applicant’s particular crime directly relates to his or her capacity to perform the duties of a private investigator and the director determines that the license should be withheld to protect the citizens of Washington state. The director shall make her or his determination to withhold a license because of previous convictions 18.165.030 [Title 18 RCW—page 353] 18.165.040 Title 18 RCW: Businesses and Professions notwithstanding the restoration of employment rights act, chapter 9.96A RCW; (4) Be employed by or have an employment offer from a private investigator agency or be licensed as a private investigator agency; (5) Submit a set of fingerprints; (6) Pay the required nonrefundable fee for each application; and (7) Submit a fully completed application that includes proper identification on a form prescribed by the director for each company of employment. [1995 c 277 § 19; 1991 c 328 § 3.] 18.165.040 Armed private investigator license— Requirements. (1) An applicant must meet the following minimum requirements to obtain an armed private investigator license: (a) Be licensed as a private investigator; (b) Be at least twenty-one years of age; (c) Have a current firearms certificate issued by the commission; (d) Have a license to carry a concealed pistol; and (e) Pay the fee established by the director. (2) The armed private investigator license may take the form of an endorsement to the private investigator license if deemed appropriate by the director. [1995 c 277 § 21; 1991 c 328 § 4.] 18.165.040 18.165.050 Private investigator agency license— Requirements, restrictions—Assignment or transfer. (1) In addition to meeting the minimum requirements to obtain a license as a private investigator, an applicant, or, in the case of a partnership or limited partnership, each partner, or, in the case of a corporation, the qualifying agent must meet the following additional requirements to obtain a private investigator agency license: (a) Pass an examination determined by the director to measure the person’s knowledge and competence in the private investigator agency business; or (b) Have had at least three years’ experience in investigative work or its equivalent as determined by the director. A year’s experience means not less than two thousand hours of actual compensated work performed before the filing of an application. An applicant shall substantiate the experience by written certifications from previous employers. If the applicant is unable to supply written certifications from previous employers, applicants may offer written certifications from professional persons other than employers who, based on personal professional knowledge, can substantiate the employment. (2) An agency license issued pursuant to this section may not be assigned or transferred without prior written approval of the director. (3) No license to own or operate a private investigator company may be issued to an applicant if the name of the company portrays the company as a public law enforcement agency, or in association with a public law enforcement agency, or includes the word "police." [1995 c 277 § 22; 1991 c 328 § 5.] 18.165.050 [Title 18 RCW—page 354] 18.165.060 Armed private investigator license authority—Registration of firearms. (1) An armed private investigator license grants authority to the holder, while in the performance of his or her duties, to carry a firearm with which the holder has met the proficiency requirements established by the commission. (2) All firearms carried by armed private investigators in the performance of their duties must be owned by the employer and, if required by law, must be registered with the proper government agency. [1995 c 277 § 23; 1991 c 328 § 6.] 18.165.060 18.165.070 Investigation of applicants. (1) Applications for licenses required under this chapter shall be filed with the director on a form provided by the director. The director may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria. (2) After receipt of an application for a license, the director shall conduct an investigation to determine whether the facts set forth in the application are true and shall request that the Washington state patrol compare the fingerprints submitted with the application to fingerprint records available to the Washington state patrol. The Washington state patrol shall forward the fingerprints of applicants for an armed private investigator license to the federal bureau of investigation for a national criminal history records check. The director may require that fingerprint cards of licensees be periodically reprocessed to identify criminal convictions subsequent to registration. (3) The director shall solicit comments from the chief law enforcement officer of the county and city or town in which the applicant’s employer is located on issuance of a permanent private investigator license. (4) A summary of the information acquired under this section, to the extent that it is public information, may be forwarded by the department to the applicant’s employer. [1995 c 277 § 25; 1991 c 328 § 7.] 18.165.070 18.165.080 License cards and certificates—Issuance and requirements. (1) The director shall issue a private investigator license card to each licensed private investigator and an armed private investigator license card to each armed private investigator. (a) The license card may not be used as security clearance. (b) A private investigator shall carry the license card whenever he or she is performing the duties of a private investigator and shall exhibit the card upon request. (c) An armed private investigator shall carry the license card whenever he or she is performing the duties of an armed private investigator and shall exhibit the card upon request. (2) The director shall issue a license certificate to each licensed private investigator agency. (a) Within seventy-two hours after receipt of the license certificate, the licensee shall post and display the certificate in a conspicuous place in the principal office of the licensee within the state. (b) It is unlawful for any person holding a license certificate to knowingly and willfully post the license certificate 18.165.080 (2008 Ed.) Private Investigators upon premises other than those described in the license certificate or to materially alter a license certificate. (c) Every advertisement by a licensee that solicits or advertises business shall contain the name of the licensee, the address of record, and the license number as they appear in the records of the director. (d) The licensee shall notify the director within thirty days of any change in the licensee’s officers or directors or any material change in the information furnished or required to be furnished to the director. [1995 c 277 § 26; 1991 c 328 § 8.] 18.165.140 (2) This section shall not be construed to prevent a political subdivision of this state from levying a business fee, business and occupation tax, or other tax upon private investigator agencies if such fees or taxes are levied by the state on other types of businesses within its boundaries. (3) This section shall not be construed to prevent this state or a political subdivision of this state from licensing for regulatory purposes private investigator agencies with respect to activities that are not regulated under this chapter. [1995 c 277 § 29; 1991 c 328 § 11.] 18.165.120 18.165.090 Preassignment training and testing. (1) The director shall adopt rules establishing preassignment training and testing requirements. The director may establish, by rule, continuing education requirements for private investigators. (2) The director shall consult with the private investigator industry and law enforcement before adopting or amending the preassignment training or continuing education requirements of this section. [1995 c 277 § 27; 1991 c 328 § 9.] 18.165.090 18.165.100 Agency license—Surety bond or certificate of insurance required. (1) No private investigator agency license may be issued under the provisions of this chapter unless the applicant files with the director a surety bond, executed by a surety company authorized to do business in this state, in the sum of ten thousand dollars conditioned to recover against the principal and its servants, officers, agents, and employees by reason of its wrongful or illegal acts in conducting business licensed under this chapter. The bond shall be made payable to the state of Washington, and anyone so injured by the principal or its servants, officers, agents, or employees shall have the right and shall be permitted to sue directly upon this obligation in his or her own name. This obligation shall be subject to successive suits for recovery until the face amount is completely exhausted. (2) Every licensee must at all times maintain on file with the director the surety bond required by this section in full force and effect. Upon failure by a licensee to do so, the director shall suspend the licensee’s license and shall not reinstate the license until this requirement is met. (3) In lieu of posting bond, a licensed private investigator agency may file with the director a certificate of insurance as evidence that it has comprehensive general liability coverage of at least twenty-five thousand dollars for bodily or personal injury and twenty-five thousand dollars for property damage. (4) The director may approve alternative methods of guaranteeing financial responsibility. [1995 c 277 § 28; 1991 c 328 § 10.] 18.165.100 18.165.110 Regulatory provisions exclusive— Authority of the state and political subdivisions. (1) The provisions of this chapter relating to the licensing for regulatory purposes of private investigators, armed private investigators, and private investigator agencies are exclusive. No governmental subdivision of this state may enact any laws or rules licensing for regulatory purposes such persons, except as provided in subsections (2) and (3) of this section. 18.165.110 (2008 Ed.) 18.165.120 Out-of-state private investigators operating across state lines. Private investigators or armed private investigators whose duties require them to operate across state lines may operate in this state for up to thirty days per year, if they are properly registered and certified in another state with training and certification requirements that the director finds are at least equal to the requirements of this state. [1995 c 277 § 30; 1991 c 328 § 12.] 18.165.130 18.165.130 Required notice of certain occurrences. (1) A private investigator agency shall notify the director within thirty days after the death or termination of employment of any employee who is a licensed private investigator or armed private investigator by returning the license to the department with the word "terminated" written across the face of the license, the date of termination, and the signature of the principal of the private investigator company. (2) A private investigator agency shall notify the director within seventy-two hours and the chief law enforcement officer of the county, city, or town in which the agency is located immediately upon receipt of information affecting a licensed private investigator’s or armed private investigator’s continuing eligibility to hold a license under the provisions of this chapter. (3) A private investigator company shall notify the local law enforcement agency whenever an employee who is an armed private investigator discharges his or her firearm while on duty other than on a supervised firearm range. The notification shall be made within ten business days of the date the firearm is discharged. [2000 c 171 § 38; 1995 c 277 § 31; 1991 c 328 § 13.] 18.165.140 18.165.140 Out-of-state private investigators— Application—Fee—Temporary assignment. (1) Any person from another state that the director determines has selection, training, and other requirements at least equal to those required by this chapter, and who holds a valid license, registration, identification, or similar card issued by the other state, may apply for a private investigator license card or armed private investigator license card on a form prescribed by the director. Upon receipt of an application fee to be determined by the director, the director shall issue the individual a private investigator license card or armed private investigator license card. (2) A valid license, registration, identification, or similar card issued by any other state of the United States is valid in this state for a period of ninety days, but only if the licensee is on temporary assignment for the same employer that [Title 18 RCW—page 355] 18.165.150 Title 18 RCW: Businesses and Professions employs the licensee in the state in which he or she is a permanent resident. (3) A person from another state on temporary assignment in Washington may not solicit business in this state or represent himself or herself as licensed in this state. [1995 c 277 § 32; 1991 c 328 § 14.] 18.165.150 18.165.150 Licenses required—Use of public law enforcement insignia prohibited—Penalties—Enforcement. (1) After June 30, 1992, any person who performs the functions and duties of a private investigator in this state without being licensed in accordance with the provisions of this chapter, or any person presenting or attempting to use as his or her own the license of another, or any person who gives false or forged evidence of any kind to the director in obtaining a license, or any person who falsely impersonates any other licensee, or any person who attempts to use an expired or revoked license, or any person who violates any of the provisions of this chapter is guilty of a gross misdemeanor. (2) After January 1, 1992, a person is guilty of a gross misdemeanor if he or she owns or operates a private investigator agency in this state without first obtaining a private investigator agency license. (3) After June 30, 1992, the owner or qualifying agent of a private investigator agency is guilty of a gross misdemeanor if he or she employs any person to perform the duties of a private investigator without the employee having in his or her possession a permanent private investigator license issued by the department. This shall not preclude a private investigator agency from requiring applicants to attend preassignment training classes or from paying wages for attending the required preassignment training classes. (4) After June 30, 1992, a person is guilty of a gross misdemeanor if he or she performs the functions and duties of an armed private investigator in this state unless the person holds a valid armed private investigator license issued by the department. (5) After June 30, 1992, it is a gross misdemeanor for a private investigator agency to hire, contract with, or otherwise engage the services of an unlicensed armed private investigator knowing that the private investigator does not have a valid armed private investigator license issued by the director. (6) It is a gross misdemeanor for a person to possess or use any vehicle or equipment displaying the word "police" or "law enforcement officer" or having any sign, shield, marking, accessory, or insignia that indicates that the equipment or vehicle belongs to a public law enforcement agency. (7) It is the duty of all officers of the state and political subdivisions thereof to enforce the provisions of this chapter. The attorney general shall act as legal adviser of the director, and render such legal assistance as may be necessary in carrying out the provisions of this chapter. [1995 c 277 § 33; 1991 c 328 § 15.] 18.165.160 Unprofessional conduct. In addition to the unprofessional conduct described in RCW 18.235.130, the director may take disciplinary action for the following conduct, acts, or conditions: (1) Violating any of the provisions of this chapter or the rules adopted under this chapter; (2) Making a material misstatement or omission in the application for or renewal of a firearms certificate, including falsifying requested identification information; (3) Not meeting the qualifications set forth in RCW 18.165.030, 18.165.040, or 18.165.050; (4) Failing to return immediately on demand a firearm issued by an employer; (5) Carrying a firearm in the performance of his or her duties if not the holder of a valid armed private investigator license, or carrying a firearm not meeting the provisions of this chapter while in the performance of his or her duties; (6) Failing to return immediately on demand company identification, badges, or other items issued to the private investigator by an employer; (7) Making any statement that would reasonably cause another person to believe that the private investigator is a sworn peace officer; (8) Divulging confidential information obtained in the course of any investigation to which he or she was assigned; (9) Acceptance of employment that is adverse to a client or former client and relates to a matter about which a licensee has obtained confidential information by reason of or in the course of the licensee’s employment by the client; (10) Assigning or transferring any license issued pursuant to the provisions of this chapter, except as provided in RCW 18.165.050; (11) Assisting a client to locate, trace, or contact a person when the investigator knows that the client is prohibited by any court order from harassing or contacting the person whom the investigator is being asked to locate, trace, or contact, as it pertains to domestic violence, stalking, or minor children; (12) Failure to maintain bond or insurance; (13) Failure to have a qualifying principal in place; or (14) Being certified as not in compliance with a support order as provided in RCW 74.20A.320. [2002 c 86 § 245; 1997 c 58 § 835; 1995 c 277 § 34; 1991 c 328 § 16.] 18.165.160 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 18.165.165 Display of firearms while soliciting clients. No licensee, employee or agent of a licensee, or anyone accompanying a licensee, employee, or agent may display a firearm while soliciting a client. [1995 c 277 § 24.] 18.165.165 18.165.155 18.165.155 Transfer of license. A licensee who transfers from one company to another must submit a transfer application on a form prescribed by the director along with a transfer fee established by the director. [1995 c 277 § 20.] [Title 18 RCW—page 356] 18.165.170 Authority of director. The director or the director’s designee has the following authority in administering this chapter: 18.165.170 (2008 Ed.) Private Investigators (1) To adopt, amend, and rescind rules as deemed necessary to carry out this chapter; (2) To enter into contracts for professional services determined to be necessary for adequate enforcement of this chapter; and (3) To adopt standards of professional conduct or practice. [2007 c 256 § 8; 2002 c 86 § 246; 1995 c 277 § 35; 1991 c 328 § 17.] Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.165.180 Complaints—Investigation—Immunity. A person, including but not limited to consumers, licensees, corporations, organizations, and state and local governmental agencies, may submit a written complaint to the department charging a license holder or applicant with unprofessional or unlawful conduct and specifying the grounds for the charge. If the director determines that the complaint merits investigation, or if the director has reason to believe, without a formal complaint, that a license holder or applicant may have engaged in unprofessional or unlawful conduct, the director shall investigate to determine if there has been unprofessional or unlawful conduct. A person who files a complaint under this section in good faith is immune from suit in any civil action related to the filing or contents of the complaint. [1995 c 277 § 36; 1991 c 328 § 18.] 18.165.180 18.165.210 Inability to practice by reason of a mental or physical condition—Statement of charges—Hearing— Sanctions—Mental or physical examinations—Presumed consent for examination. (1) If the director believes a license holder or applicant may be unable to practice with reasonable skill and safety to the public by reason of any mental or physical condition, a statement of charges shall be served on the license holder or applicant and notice shall also be issued providing an opportunity for a hearing. The hearing shall be limited to the sole issue of the capacity of the license holder or applicant to practice with reasonable skill or safety. If the director determines that the license holder or applicant is unable to practice with reasonable skill and safety for one of the reasons stated in this subsection, the director shall impose such sanctions as are deemed necessary to protect the public. (2) In investigating or adjudicating a complaint or report that a license holder or applicant may be unable to practice with reasonable skill or safety by reason of a mental or physical condition, the department may require a license holder or applicant to submit to a mental or physical examination by one or more licensed or certified health professionals designated by the director. The cost of the examinations ordered by the department shall be paid by the department. In addition to any examinations ordered by the department, the licensee may submit physical or mental examination reports from licensed or certified health professionals of the license holder’s or applicant’s choosing and expense. Failure of the license holder or applicant to submit to examination when directed constitutes grounds for immediate suspension or withholding of the license, consequent upon which a default and final order may be entered without the taking of testimony or presentations of evidence, unless the failure was due 18.165.210 (2008 Ed.) 18.165.230 to circumstances beyond the person’s control. A determination by a court of competent jurisdiction that a license holder or applicant is mentally incompetent or mentally ill is presumptive evidence of the license holder’s or applicant’s inability to practice with reasonable skill and safety. An individual affected under this section shall at reasonable intervals be afforded an opportunity to demonstrate that the individual can resume competent practice with reasonable skill and safety to the public. (3) For the purpose of subsection (2) of this section, an applicant or license holder governed by this chapter, by making application, practicing, or filing a license renewal, is deemed to have given consent to submit to a mental, physical, or psychological examination if directed in writing by the department and further to have waived all objections to the admissibility or use of the examining health professional’s testimony or examination reports by the director on the ground that the testimony or reports constitute hearsay or privileged communications. [1991 c 328 § 21.] 18.165.220 Unprofessional, unlawful conduct or inability to practice—Penalties. Upon a finding that a license holder or applicant has committed unprofessional or unlawful conduct or is unable to practice with reasonable skill and safety due to a physical or mental condition, the director may issue an order providing for one or any combination of the following: (1) Revocation of the license; (2) Suspension of the license for a fixed or indefinite term; (3) Restriction or limitation of the practice; (4) Requiring the satisfactory completion of a specific program of remedial education or treatment; (5) Monitoring of the practice by a supervisor approved by the director; (6) Censure or reprimand; (7) Compliance with conditions of probation for a designated period of time; (8) Withholding a license request; (9) Other corrective action; (10) Refund of fees billed to and collected from the consumer; or (11) Assessing administrative penalties. Any of the actions under this section may be totally or partly stayed by the director. All costs associated with compliance with orders issued under this section are the obligation of the license holder or applicant. [1995 c 277 § 38; 1991 c 328 § 22.] 18.165.220 18.165.230 Enforcement of orders for payment of fines. If an order for payment of a fine is made as a result of a hearing and timely payment is not made as directed in the final order, the director may enforce the order for payment in the superior court in the county in which the hearing was held. This right of enforcement shall be in addition to any other rights the director may have as to a licensee ordered to pay a fine but shall not be construed to limit a licensee’s ability to seek judicial review. In an action for enforcement of an order of payment of a fine, the director’s order is conclusive proof of the validity of 18.165.230 [Title 18 RCW—page 357] 18.165.270 Title 18 RCW: Businesses and Professions the order of payment of a fine and the terms of payment. [1991 c 328 § 23.] Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.165.270 Application of administrative procedure act to acts of the director. The director, in implementing and administering the provisions of this chapter, shall act in accordance with the administrative procedure act, chapter 34.05 RCW. [1991 c 328 § 27.] 18.165.900 Severability—1991 c 328. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1991 c 328 § 29.] 18.165.280 License or certificate suspension—Nonpayment or default on educational loan or scholarship. The director shall suspend the license or certificate of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person’s license or certificate shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure or certification during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose. [1996 c 293 § 22.] 18.165.901 Severability—Effective date—1995 c 277. See RCW 18.170.901 and 18.170.902. 18.165.900 18.165.270 18.165.901 18.165.280 Severability—1996 c 293: See note following RCW 18.04.420. 18.165.290 License suspension—Noncompliance with support order—Reissuance. The director shall immediately suspend a license issued under this chapter if the holder has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director’s receipt of a release issued by the department of social and health services stating that the person is in compliance with the order. [1997 c 58 § 836.] 18.165.290 *Reviser’s note: 1997 c 58 § 887 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 18.165.300 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 247.] 18.165.300 Effective dates—2002 c 86: See note following RCW 18.08.340. [Title 18 RCW—page 358] Chapter 18.170 Chapter 18.170 RCW SECURITY GUARDS Sections 18.170.010 18.170.020 18.170.030 18.170.040 18.170.050 18.170.060 18.170.070 18.170.080 18.170.090 18.170.105 18.170.110 18.170.120 18.170.130 18.170.140 18.170.150 18.170.160 18.170.163 18.170.164 18.170.165 18.170.170 18.170.175 18.170.180 18.170.210 18.170.220 18.170.230 18.170.280 18.170.290 18.170.300 18.170.900 18.170.901 18.170.902 Definitions. Exemptions. Security guard license—Requirements. Armed private security guard license—Requirements. Armed private security guard license authority—Registration of firearms. Private security company license—Requirements, restrictions—Qualifying agent—Assignment or transfer of license. License cards and certificates—Issuance and requirements. Licensed private security companies—Certificate of insurance required. Temporary registration cards—Requirements—Expiration— Suspension. Training requirements. Required notice of certain occurrences. Out-of-state licensees—Application—Fee—Temporary assignment. Investigation of applicants. Regulatory provisions exclusive—Authority of the state and political subdivisions. Out-of-state private security guards operating across state lines. Licenses required—Use of public law enforcement insignia prohibited—Penalties—Enforcement. License or certificate suspension—Nonpayment or default on educational loan or scholarship. License suspension—Noncompliance with support order— Reissuance. Transfer of license. Unprofessional conduct. Display of firearms while soliciting clients. Authority of director. Application of administrative procedure act to hearings. Inability to practice by reason of a mental or physical condition—Statement of charges—Hearing—Sanctions—Examinations—Presumed consent. Unprofessional conduct or inability to practice—Penalties. Application of administrative procedure act to acts of the director. Uniform regulation of business and professions act. Reciprocity agreements. Severability—1991 c 334. Severability—1995 c 277. Effective date—1995 c 277. 18.170.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Armed private security guard" means a private security guard who has a current firearms certificate issued by the commission and is licensed as an armed private security guard under this chapter. (2) "Armored vehicle guard" means a person who transports in an armored vehicle under armed guard, from one place to another place, valuables, jewelry, currency, documents, or any other item that requires secure delivery. 18.170.010 (2008 Ed.) Security Guards (3) "Burglar alarm response runner" means a person employed by a private security company to respond to burglar alarm system signals. (4) "Burglar alarm system" means a device or an assembly of equipment and devices used to detect or signal unauthorized intrusion, movement, or exit at a protected premises, other than in a vehicle, to which police or private security guards are expected to respond. (5) "Chief law enforcement officer" means the elected or appointed police administrator of a municipal, county, or state police or sheriff’s department that has full law enforcement powers in its jurisdiction. (6) "Classroom instruction" means training that takes place in a setting where individuals receiving training are assembled together and learn through lectures, study papers, class discussion, textbook study, or other means of organized formal education techniques, such as video, closed circuit, or other forms of electronic means, and as distinguished from individual instruction. (7) "Commission" means the criminal justice training commission established in chapter 43.101 RCW. (8) "Department" means the department of licensing. (9) "Department-certified trainer" means any person who has been approved by the department by receiving a passing score on a department-administered examination, to administer department-provided examinations and attest that training or testing requirements have been met. (10) "Director" means the director of the department of licensing. (11) "Employer" includes any individual, firm, corporation, partnership, association, company, society, manager, contractor, subcontractor, bureau, agency, service, office, or an agent of any of the foregoing that employs or seeks to enter into an arrangement to employ any person as a private security guard. (12) "Firearms certificate" means the certificate issued by the commission. (13) "Individual instruction" means training that takes place either on-the-job or through formal education techniques, such as video, closed circuit, internet, or other forms of electronic means, and as distinguished from classroom instruction. (14) "Licensee" means a person granted a license required by this chapter. (15) "Person" includes any individual, firm, corporation, partnership, association, company, society, manager, contractor, subcontractor, bureau, agency, service, office, or an agent or employee of any of the foregoing. (16) "Primary responsibility" means activity that is fundamental to, and required or expected in, the regular course of employment and is not merely incidental to employment. (17) "Principal corporate officer" means the president, vice president, treasurer, secretary, comptroller, or any other person who performs the same functions for the corporation as performed by these officers. (18) "Private security company" means a person or entity licensed under this chapter and engaged in the business of providing the services of private security guards on a contractual basis. (2008 Ed.) 18.170.030 (19) "Private security guard" means an individual who is licensed under this chapter and principally employed as or typically referred to as one of the following: (a) Security officer or guard; (b) Patrol or merchant patrol service officer or guard; (c) Armed escort or bodyguard; (d) Armored vehicle guard; (e) Burglar alarm response runner; or (f) Crowd control officer or guard. (20) "Qualifying agent" means an officer or manager of a corporation who meets the requirements set forth in this chapter for obtaining a license to own or operate a private security company. (21) "Sworn peace officer" means a person who is an employee of the federal government, the state, a political subdivision, agency, or department branch of a municipality, or other unit of local government, and has law enforcement powers. [2007 c 306 § 1; 2007 c 154 § 1; 2004 c 50 § 1; 1991 c 334 § 1.] Reviser’s note: This section was amended by 2007 c 154 § 1 and by 2007 c 306 § 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). 18.170.020 Exemptions. The requirements of this chapter do not apply to: (1) A person who is employed exclusively or regularly by one employer and performs the functions of a private security guard solely in connection with the affairs of that employer, if the employer is not a private security company; (2) A sworn peace officer while engaged in the performance of the officer’s official duties; (3) A sworn peace officer while employed by any person to engage in off-duty employment as a private security guard, but only if the employment is approved by the chief law enforcement officer of the jurisdiction where the employment takes place and the sworn peace officer does not employ, contract with, or broker for profit other persons to assist him or her in performing the duties related to his or her private employer; or (4) A person performing crowd management or guest services including, but not limited to, a person described as a ticket taker, usher, door attendant, parking attendant, crowd monitor, or event staff who: (a) Does not carry a firearm or other dangerous weapon including, but not limited to, a stun gun, taser, pepper mace, or nightstick; (b) Does not wear a uniform or clothing readily identifiable by a member of the public as that worn by a private security officer or law enforcement officer; and (c) Does not have as his or her primary responsibility the detainment of persons or placement of persons under arrest. The exemption provided in this subsection applies only when a crowd has assembled for the purpose of attending or taking part in an organized event, including preevent assembly, event operation hours, and postevent departure activities. [2007 c 154 § 2; 2006 c 173 § 1; 1991 c 334 § 2.] 18.170.020 18.170.030 Security guard license—Requirements. An applicant must meet the following minimum requirements to obtain a private security guard license: 18.170.030 [Title 18 RCW—page 359] 18.170.040 Title 18 RCW: Businesses and Professions (1) Be at least eighteen years of age; (2) Be a citizen of the United States or a resident alien; (3) Not have been convicted of a crime in any jurisdiction, if the director determines that the applicant’s particular crime directly relates to his or her capacity to perform the duties of a private security guard, and the director determines that the license should be withheld to protect the citizens of Washington state. The director shall make her or his determination to withhold a license because of previous convictions notwithstanding the restoration of employment rights act, chapter 9.96A RCW; (4) Be employed by or have an employment offer from a licensed private security company or be licensed as a private security company; (5) Satisfy the training requirements established by the director; (6) Submit a set of fingerprints; (7) Pay the required nonrefundable fee for each application; and (8) Submit a fully completed application that includes proper identification on a form prescribed by the director for each company of employment. [1995 c 277 § 1; 1991 c 334 § 3.] 18.170.040 Armed private security guard license— Requirements. (1) An applicant must meet the following minimum requirements to obtain an armed private security guard license: (a) Be licensed as a private security guard; (b) Be at least twenty-one years of age; (c) Have a current firearms certificate issued by the commission; and (d) Pay the fee established by the director. (2) An armed private security guard license may take the form of an endorsement to the security guard license if deemed appropriate by the director. [1991 c 334 § 4.] 18.170.040 18.170.050 Armed private security guard license authority—Registration of firearms. (1) An armed private security guard license grants authority to the holder, while in the performance of his or her duties, to carry a firearm with which the holder has met the proficiency requirements established by the commission. (2) All firearms carried by armed private security guards in the performance of their duties must be owned or leased by the employer and, if required by law, must be registered with the proper government agency. [1991 c 334 § 5.] 18.170.050 18.170.060 Private security company license— Requirements, restrictions—Qualifying agent—Assignment or transfer of license. (1) In addition to meeting the minimum requirements to obtain a license as a private security guard, an applicant, or, in the case of a partnership, each partner, or, in the case of a corporation, the qualifying agent must meet the following requirements to obtain a license to own or operate a private security company: (a) Possess three years’ experience as a manager, supervisor, or administrator in the private security business or a related field approved by the director, or be at least twentyone years of age and pass an examination determined by the 18.170.060 [Title 18 RCW—page 360] director to measure the person’s knowledge and competence in the private security business; (b) Meet the insurance requirements of this chapter; and (c) Pay any additional fees established by the director. (2) If the qualifying agent upon whom the licensee relies to comply with subsection (1) of this section ceases to perform his or her duties on a regular basis, the licensee must promptly notify the director by certified or registered mail. Within sixty days of sending notification to the director, the licensee must obtain a substitute qualifying agent who meets the requirements of this section. The director may extend the period for obtaining a substitute qualifying agent. (3) A company license issued pursuant to this section may not be assigned or transferred without prior written approval of the director. (4) No license to own or operate a private security guard company may be issued to an applicant if the name of the company portrays the company as a public law enforcement agency, or in association with a public law enforcement agency, or includes the word "police." [1995 c 277 § 4; 1991 c 334 § 6.] 18.170.070 License cards and certificates—Issuance and requirements. (1) The director shall issue a private security guard license card to each licensed private security guard and an armed private security guard license card to each armed private security guard. (a) The license card may not be used as security clearance. (b) A private security guard shall carry the license card whenever he or she is performing the duties of a private security guard and shall exhibit the card upon request. (c) An armed private security guard shall carry the license card whenever he or she is performing the duties of an armed private security guard and shall exhibit the card upon request. (2) The director shall issue a license certificate to each licensed private security company. (a) Within seventy-two hours after receipt of the license certificate, the licensee shall post and display the certificate in a conspicuous place in the principal office of the licensee within the state. (b) It is unlawful for any person holding a license certificate to knowingly and willfully post the license certificate upon premises other than those described in the license certificate or to materially alter a license certificate. (c) Every advertisement by a licensee that solicits or advertises business shall contain the name of the licensee, the address of record, and the license number as they appear in the records of the director. (d) The licensee shall notify the director within thirty days of any change in the licensee’s officers or directors or any material change in the information furnished or required to be furnished to the director. [1995 c 277 § 5; 1991 c 334 § 7.] 18.170.070 18.170.080 Licensed private security companies— Certificate of insurance required. A licensed private security company shall file and maintain with the director a certificate of insurance as evidence that it has comprehensive gen18.170.080 (2008 Ed.) Security Guards eral liability coverage of at least twenty-five thousand dollars for bodily or personal injury and twenty-five thousand dollars for property damage. [1991 c 334 § 8.] 18.170.090 Temporary registration cards—Requirements—Expiration—Suspension. (1) A licensed private security company may issue an employee a temporary registration card of the type and form provided by the director, but only after the employee has completed preassignment training and submitted a full and complete application for a private security guard license to the department. The application must be mailed to the department within three business days after issuance of the temporary registration card. The temporary registration card is valid for a maximum period of sixty days and does not authorize a person to carry firearms during the performance of his or her duties as a private security guard. The temporary registration card permits the applicant to perform the duties of a private security guard for the issuing licensee. (2) Upon expiration of a temporary registration card or upon the receipt of a permanent registration card or notification from the department that a permanent license is being withheld from an applicant, the applicant shall surrender his or her temporary registration card to the licensee. (3) The director may suspend the authority to use temporary registration cards for a period of one year for any private security guard company that fails to comply with the provisions of this section. After the suspension period, the director may reinstate the company’s use of temporary registration cards after receipt of a written request from the company. [1995 c 277 § 6; 1991 c 334 § 9.] 18.170.090 18.170.105 Training requirements. (1) To promote the safety of persons and the security of property, the director shall meet with interested parties to develop lists of suggested preassignment, postassignment, and postassignment refresher training by rule. (2) All security guards licensed on or after July 1, 2005, must complete at least eight hours of preassignment training, comprised of at least four hours of classroom instruction and an additional four hours of classroom instruction or individual instruction, or both. The preassignment training may be waived for any individual who was most recently employed full time as a sworn peace officer not more than five years prior to applying to become licensed as a private security guard and who passes the examination typically administered to applicants at the conclusion of the preassignment training. (3)(a) All security guards licensed on or after July 1, 2005, must complete at least eight hours of initial postassignment training that shall be administered to each security guard. The initial postassignment training must be in the topic areas established by the director and may be classroom instruction or individual instruction, or both. A company may waive the initial postassignment training for security guards already licensed who transfer from another company, if the security guard presents appropriate training records signed by a department-certified trainer from the previous company, or a signed affidavit that the individual has already completed the required initial postassignment training provided by his or her previous company. 18.170.105 (2008 Ed.) 18.170.110 (b) Security guards who received their temporary security guard registration card on or before July 22, 2007, must receive their initial postassignment training before June 30, 2008. Security guards who received their temporary security guard registration card after July 22, 2007, must receive their initial postassignment training as specified in (c) and (d) of this subsection. (c) Security guards licensed between January 1st and June 30th of any calendar year may receive eight hours of initial postassignment training any time between the day following the issuance of a temporary security guard registration card with their company and June 30th of the year following initial issuance of their license by the department. (d) Security guards initially licensed between July 1st and December 31st of any calendar year may receive eight hours of initial postassignment training at any time between the day following the issuance of a temporary security guard registration card with their company and December 31st of the year following initial issuance of their license by the department. (4) Following completion of the preassignment and postassignment training, at least four total hours of annual refresher training shall be administered to security guards each subsequent year. The subsequent year begins, for refresher training purposes, the day following the last date the security guard is required to receive the eight hours of initial postassignment training. No more than one hour per year of annual refresher training may focus directly on customer service-related skills or topics and the remaining three hours per year of annual refresher training must focus on emergency response concepts, skills, or topics including but not limited to knowledge of site post orders or life safety. (5) Companies must maintain records regarding the training hours completed by each employee. All such records are subject to inspection by the department. The training requirements and test results must be recorded and attested to by a department-certified trainer. Training records must contain a description of the topics covered, the name and signature of the trainer, and the name and signature of the security guard. [2007 c 306 § 2.] 18.170.110 Required notice of certain occurrences. (1) A private security company shall notify the director within thirty days after the death or termination of employment of any employee who is a licensed private security guard or armed private security guard by returning the license to the department with the word "terminated" written across the face of the license, the date of termination, and the signature of the principal or the principal’s designee of the private security guard company. (2) A private security company shall notify the department within seventy-two hours and the chief law enforcement officer of the county, city, or town in which the private security guard or armed private security guard was last employed immediately upon receipt of information affecting his or her continuing eligibility to hold a license under the provisions of this chapter. (3) A private security guard company shall notify the local law enforcement agency whenever an employee who is an armed private security guard discharges his or her firearm while on duty other than on a supervised firearm range. The 18.170.110 [Title 18 RCW—page 361] 18.170.120 Title 18 RCW: Businesses and Professions notification shall be made within ten business days of the date the firearm is discharged. [2000 c 171 § 39; 1995 c 277 § 8; 1991 c 334 § 11.] 18.170.120 Out-of-state licensees—Application— Fee—Temporary assignment. (1) Any person from another state that the director determines has selection, training, and other requirements at least equal to those required by this chapter, and who holds a valid license, registration, identification, or similar card issued by the other state, may apply for a private security guard license card or armed private security guard license card on a form prescribed by the director. Upon receipt of a processing fee to be determined by the director, the director shall issue the individual a private security guard license card or armed private security guard license card. (2) A valid private security guard license, registration, identification, or similar card issued by any other state of the United States is valid in this state for a period of ninety days, but only if the licensee is on temporary assignment as a private security guard for the same employer that employs the licensee in the state in which he or she is a permanent resident. (3) A person from another state on temporary assignment in Washington may not solicit business in this state or represent himself or herself as licensed in this state. [1995 c 277 § 9; 1991 c 334 § 12.] 18.170.120 18.170.130 Investigation of applicants. (1) Applications for licenses required under this chapter shall be filed with the director on a form provided by the director. The director may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria. (2) After receipt of an application for a license, the director shall conduct an investigation to determine whether the facts set forth in the application are true and shall request that the Washington state patrol compare the fingerprints submitted with the application to fingerprint records available to the Washington state patrol. The Washington state patrol shall forward the fingerprints of applicants for an armed private security guard license to the Federal Bureau of Investigation for a national criminal history records check. The director may require that fingerprint cards of licensees be periodically reprocessed to identify criminal convictions subsequent to registration. (3) The director shall solicit comments from the chief law enforcement officer of the county and city or town in which the applicant’s employer is located on issuance of a permanent private security guard license. (4) A summary of the information acquired under this section, to the extent that it is public information, shall be forwarded by the department to the applicant’s employer. [1995 c 277 § 10; 1991 c 334 § 13.] 18.170.130 18.170.140 Regulatory provisions exclusive— Authority of the state and political subdivisions. (1) The provisions of this chapter relating to the licensing for regulatory purposes of private security guards, armed private security guards, and private security companies are exclusive. No governmental subdivision of this state may enact any laws or 18.170.140 [Title 18 RCW—page 362] rules licensing for regulatory purposes such persons, except as provided in subsections (2) and (3) of this section. (2) This section shall not be construed to prevent a political subdivision of this state from levying a business license fee, business and occupation tax, or other tax upon private security companies if such fees or taxes are levied on other types of businesses within its boundaries. (3) This section shall not be construed to prevent this state or a political subdivision of this state from licensing or regulating private security companies with respect to activities performed or offered that are not of a security nature. [1991 c 334 § 14.] 18.170.150 18.170.150 Out-of-state private security guards operating across state lines. Private security guards or armed private security guards whose duties require them to operate across state lines may operate in this state if they are properly registered and certified in another state with training, insurance, and certification requirements that the director finds are at least equal to the requirements of this state. [1991 c 334 § 15.] 18.170.160 18.170.160 Licenses required—Use of public law enforcement insignia prohibited—Penalties—Enforcement. (1) After June 30, 1992, any person who performs the functions and duties of a private security guard in this state without being licensed in accordance with this chapter, or any person presenting or attempting to use as his or her own the license of another, or any person who gives false or forged evidence of any kind to the director in obtaining a license, or any person who falsely impersonates any other licensee, or any person who attempts to use an expired or revoked license, or any person who violates any of the provisions of this chapter is guilty of a gross misdemeanor. (2) After January 1, 1992, a person is guilty of a gross misdemeanor if he or she owns or operates a private security company in this state without first obtaining a private security company license. (3) After June 30, 1992, the owner or qualifying agent of a private security company is guilty of a gross misdemeanor if he or she employs an unlicensed person to perform the duties of a private security guard without issuing the employee a valid temporary registration card if the employee does not have in his or her possession a permanent private security guard license issued by the department. This subsection does not preclude a private security company from requiring applicants to attend preassignment training classes or from paying wages for attending the required preassignment training classes. (4) After June 30, 1992, a person is guilty of a gross misdemeanor if he or she performs the functions and duties of an armed private security guard in this state unless the person holds a valid armed private security guard license issued by the department. (5) After June 30, 1992, it is a gross misdemeanor for a private security company to hire, contract with, or otherwise engage the services of an unlicensed armed private security guard knowing that he or she does not have a valid armed private security guard license issued by the director. (2008 Ed.) Security Guards (6) It is a gross misdemeanor for a person to possess or use any vehicle or equipment displaying the word "police" or "law enforcement officer" or having any sign, shield, marking, accessory, or insignia that indicates that the equipment or vehicle belongs to a public law enforcement agency. (7) It is a gross misdemeanor for any person who performs the functions and duties of a private security guard to use any name that includes the word "police" or "law enforcement" or that portrays the individual or a business as a public law enforcement agency. (8) It is the duty of all officers of the state and political subdivisions thereof to enforce the provisions of this chapter. The attorney general shall act as legal adviser of the director, and render such legal assistance as may be necessary in carrying out the provisions of this chapter. [1995 c 277 § 11; 1991 c 334 § 16.] 18.170.163 License or certificate suspension—Nonpayment or default on educational loan or scholarship. The director shall suspend the license or certificate of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person’s license or certificate shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure or certification during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose. [1996 c 293 § 23.] 18.170.163 Severability—1996 c 293: See note following RCW 18.04.420. 18.170.164 License suspension—Noncompliance with support order—Reissuance. The director shall immediately suspend any license issued under this chapter if the holder has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director’s receipt of a release issued by the department of social and health services stating that the person is in compliance with the order. [1997 c 58 § 838.] 18.170.164 18.170.180 Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 18.170.165 Transfer of license. A licensee who transfers from one company to another must submit a transfer application on a form prescribed by the director along with a transfer fee established by the director. [1995 c 277 § 2.] 18.170.165 18.170.170 Unprofessional conduct. In addition to the unprofessional conduct described in RCW 18.235.130, the following conduct, acts, or conditions constitute unprofessional conduct: (1) Knowingly violating any of the provisions of this chapter or the rules adopted under this chapter; (2) Practicing fraud, deceit, or misrepresentation in any of the private security activities covered by this chapter; (3) Knowingly making a material misstatement or omission in the application for a firearms certificate; (4) Not meeting the qualifications set forth in RCW 18.170.030, 18.170.040, or 18.170.060; (5) Failing to return immediately on demand a firearm issued by an employer; (6) Carrying a firearm in the performance of his or her duties if not the holder of a valid armed private security guard license, or carrying a firearm not meeting the provisions of this chapter while in the performance of his or her duties; (7) Failing to return immediately on demand any uniform, badge, or other item of equipment issued to the private security guard by an employer; (8) Making any statement that would reasonably cause another person to believe that the private security guard is a sworn peace officer; (9) Divulging confidential information that may compromise the security of any premises, or valuables shipment, or any activity of a client to which he or she was assigned; (10) Assigning or transferring any license issued pursuant to the provisions of this chapter, except as provided in RCW 18.170.060; (11) Failure to maintain insurance; and (12) Failure to have a qualifying principal in place. [2002 c 86 § 248; 1997 c 58 § 837; 1995 c 277 § 12; 1991 c 334 § 17.] 18.170.170 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. *Reviser’s note: 1997 c 58 § 887 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320. 18.170.175 Display of firearms while soliciting clients. No licensee, employee or agent of a licensee, or anyone accompanying a licensee, employee, or agent may display a firearm while soliciting a client. [1995 c 277 § 3.] Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. 18.170.180 Authority of director. The director or the director’s designee has the following authority in administering this chapter: (2008 Ed.) 18.170.175 18.170.180 [Title 18 RCW—page 363] 18.170.210 Title 18 RCW: Businesses and Professions (1) To adopt, amend, and rescind rules as deemed necessary to carry out this chapter; (2) To adopt standards of professional conduct or practice; and (3) To employ such administrative and clerical staff as necessary for the enforcement of this chapter. [2007 c 256 § 9; 2002 c 86 § 249; 1991 c 334 § 18.] Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.170.210 Application of administrative procedure act to hearings. The procedures governing adjudicative proceedings before agencies under chapter 34.05 RCW, the administrative procedure act, govern all hearings before the director. [1991 c 334 § 21.] 18.170.210 18.170.220 Inability to practice by reason of a mental or physical condition—Statement of charges—Hearing— Sanctions—Examinations—Presumed consent. (1) If the director believes a license holder or applicant may be unable to practice with reasonable skill and safety to the public by reason of a mental or physical condition, a statement of charges shall be served on the license holder or applicant and notice shall also be issued providing an opportunity for a hearing. The hearing shall be limited to the sole issue of the capacity of the license holder or applicant to practice with reasonable skill or safety. If the director determines that the license holder or applicant is unable to practice with reasonable skill and safety for one of the reasons stated in this subsection, the director shall impose such sanctions as are deemed necessary to protect the public. (2) In investigating or adjudicating a complaint or report that a license holder or applicant may be unable to practice with reasonable skill or safety by reason of a mental or physical condition, the department may require a license holder or applicant to submit to a mental or physical examination by one or more licensed or certified health professionals designated by the director. The cost of the examinations ordered by the department shall be paid by the department. In addition to any examinations ordered by the department, the licensee may submit physical or mental examination reports from licensed or certified health professionals of the license holder’s or applicant’s choosing and expense. Failure of the license holder or applicant to submit to examination when directed constitutes grounds for immediate suspension or withholding of the license, consequent upon which a default and final order may be entered without the taking of testimony or presentations of evidence, unless the failure was due to circumstances beyond the person’s control. A determination by a court of competent jurisdiction that a license holder or applicant is mentally incompetent or mentally ill is presumptive evidence of the license holder’s or applicant’s inability to practice with reasonable skill and safety. An individual affected under this section shall at reasonable intervals be afforded an opportunity to demonstrate that the individual can resume competent practice with reasonable skill and safety to the public. (3) For the purpose of subsection (2) of this section, an applicant or license holder governed by this chapter, by making application, practicing, or filing a license renewal, is 18.170.220 [Title 18 RCW—page 364] deemed to have given consent to submit to a mental, physical, or psychological examination if directed in writing by the department and further to have waived all objections to the admissibility or use of the examining health professional’s testimony or examination reports by the director on the ground that the testimony or reports constitute hearsay or privileged communications. [1991 c 334 § 22.] 18.170.230 Unprofessional conduct or inability to practice—Penalties. Upon a finding that a license holder or applicant has committed unprofessional conduct or is unable to practice with reasonable skill and safety due to a physical or mental condition, the director may issue an order providing for one or any combination of the following: (1) Revocation of the license; (2) Suspension of the license for a fixed or indefinite term; (3) Restriction or limitation of the practice; (4) Requiring the satisfactory completion of a specific program of remedial education or treatment; (5) Monitoring of the practice by a supervisor approved by the director; (6) Censure or reprimand; (7) Compliance with conditions of probation for a designated period of time; (8) Withholding a license request; (9) Other corrective action; (10) Refund of fees billed to and collected from the consumer; or (11) The assessment of administrative penalties. Any of the actions under this section may be totally or partly stayed by the director. All costs associated with compliance with orders issued under this section are the obligation of the license holder or applicant. [1995 c 277 § 15; 1991 c 334 § 23.] 18.170.230 18.170.280 Application of administrative procedure act to acts of the director. The director, in implementing and administering the provisions of this chapter, shall act in accordance with the administrative procedure act, chapter 34.05 RCW. [1991 c 334 § 28.] 18.170.280 18.170.290 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 250.] 18.170.290 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.170.300 Reciprocity agreements. The director has the authority to negotiate reciprocity agreements with other states allowing licensed security officers from Washington to work in those other states. [2004 c 50 § 3.] 18.170.300 18.170.900 Severability—1991 c 334. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the 18.170.900 (2008 Ed.) Process Servers provision to other persons or circumstances is not affected. [1991 c 334 § 30.] 18.170.901 Severability—1995 c 277. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1995 c 277 § 40.] 18.170.901 18.180.900 tion number and the process server’s county of registration on any proof of service the process server signs. (2) Employees of a process server required to register under RCW 18.180.010 shall indicate the employer’s registration number and the employer’s county of registration on any proof of service the registrant’s employee signs. [1992 c 125 § 4.] 18.180.035 Fees—Limitations. (1) A process server required to register under RCW 18.180.010(1) or exempt from registration under RCW 18.180.010(2) (a), (c), or (d) shall be allowed to charge and collect the following fees in civil actions, suits, and proceedings for each service assignment delivered to the process server for service: (a) If the fee is not greater than one hundred dollars, then the actual amount charged to a party for service; (b) If the fee is greater than one hundred dollars, then a reasonable amount charged to a party for service. (2) Any fees allowable under this section, and actually charged by a process server, shall be a reasonable cost awarded to, and recoverable by, the party incurring same if that party prevails in an action. [2007 c 121 § 2.] 18.180.035 18.170.902 Effective date—1995 c 277. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 9, 1995]. [1995 c 277 § 41.] 18.170.902 Chapter 18.180 Chapter 18.180 RCW PROCESS SERVERS Sections 18.180.010 18.180.020 18.180.030 18.180.035 18.180.040 18.180.050 18.180.900 Registration—Exceptions. Registration renewal. Identification of process server on proof of service. Fees—Limitations. Collection of costs of service—Application. Registration suspension—Nonpayment or default on educational loan or scholarship. Construction—1992 c 125. 18.180.010 Registration—Exceptions. (1) A person who serves legal process for a fee in the state of Washington shall register as a process server with the auditor of the county in which the process server resides or operates his or her principal place of business. (2) The requirement to register under subsection (1) of this section does not apply to any of the following persons: (a) A sheriff, deputy sheriff, marshal, constable, or government employee who is acting in the course of employment; (b) An attorney or the attorney’s employees, who are not serving process on a fee basis; (c) A person who is court appointed to serve the court’s process; (d) An employee of a person who is registered under this section; (e) A person who does not receive a fee or wage for serving process. [1992 c 125 § 1.] 18.180.010 18.180.020 Registration renewal. A process server required to register under RCW 18.180.010 must renew the registration within one year of the date of the initial registration or when the registrant changes his or her name, the name of his or her business, business address, or business telephone number, whichever occurs sooner. If the renewal is required because of a change in the information identifying the process server, the process server must renew the registration within ten days of the date the identifying information changes. The process server shall pay the registration fee upon renewal. [1992 c 125 § 3.] 18.180.020 18.180.040 Collection of costs of service—Application. (1) Except as provided in subsection (2) of this section, any person who is otherwise entitled to collect the costs of service of process shall not be entitled to collect those costs if the person does not use a process server who under this chapter either is required to register or is exempt from the registration requirement. (2) The person may collect the costs of the service of process if the process server registers within forty-five days after serving the process. (3) This section shall apply to all process served on or after August 1, 1992. [1992 c 125 § 5.] 18.180.040 18.180.050 Registration suspension—Nonpayment or default on educational loan or scholarship. The auditor of the county shall suspend the registration of any person who has been certified by a lending agency and reported to the auditor of the county for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person’s registration shall not be reissued until the person provides the auditor of the county a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for registration during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the auditor of the county may impose. [1996 c 293 § 25.] 18.180.050 Severability—1996 c 293: See note following RCW 18.04.420. 18.180.030 Identification of process server on proof of service. (1) A process server required to register under RCW 18.180.010 shall indicate the process server’s registra18.180.030 (2008 Ed.) 18.180.900 Construction—1992 c 125. Nothing in this act modifies Superior Court Civil Rule 4. [1992 c 125 § 7.] 18.180.900 [Title 18 RCW—page 365] Chapter 18.185 Chapter 18.185 Title 18 RCW: Businesses and Professions Chapter 18.185 RCW BAIL BOND AGENTS Sections 18.185.005 18.185.010 18.185.015 18.185.020 18.185.030 18.185.040 18.185.050 18.185.055 18.185.057 18.185.060 18.185.070 18.185.080 18.185.090 18.185.100 18.185.110 18.185.120 18.185.130 18.185.140 18.185.170 18.185.200 18.185.210 18.185.220 18.185.230 18.185.240 18.185.250 18.185.260 18.185.270 18.185.280 18.185.290 18.185.300 18.185.900 18.185.901 Declaration, intent, construction. Definitions. Cost of administration—Fees. Agent license requirements. Agency license requirements. License applications. License cards, certificates—Advertising—Notice of changes. License suspension—Nonpayment or default on educational loan or scholarship. License suspension—Noncompliance with support order— Reissuance. Prelicensing training and continuing education requirements. Bond. Relation of this chapter to local regulation, taxation. Notice concerning agent’s status—Forced entry—Discharge of firearm. Records—Finances—Disposition of security. Unprofessional conduct. Director’s powers. Complaints. Statement of charges—Notice. Unlicensed activity—Criminal penalties. Application of Administrative Procedure Act. Application of Consumer Protection Act. Branch office—Qualified bail bond agent as manager. License required for branch office. Uniform regulation of business and professions act. Bail bond recovery agent license—Requirements. Bail bond recovery agents—Prelicense training/testing requirements—Continuing education requirements—Rules. Bail bond agent/bail bond recovery agent—Each fugitive an individual contract—Format of contract. Bail bond recovery agent, generally. Out-of-state bail bond recovery agent. Bail bond recovery agent—Planned forced entry—Requirements. Severability—1993 c 260. Effective date—1993 c 260. 18.185.005 Declaration, intent, construction. The legislature declares that the licensing of bail bond agents should be uniform throughout the state. Therefore, it is the intent of the legislature to preempt any local regulation of bail bond agents, including licensing fees, but not including local business license fees. Nothing in this chapter limits the discretion of the courts of this state to accept or reject a particular surety or recognizance bond in a particular case. [1993 c 260 § 1.] 18.185.005 18.185.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Department" means the department of licensing. (2) "Director" means the director of licensing. (3) "Commission" means the criminal justice training commission. (4) "Collateral or security" means property of any kind given as security to obtain a bail bond. (5) "Bail bond agency" means a business that sells and issues corporate surety bail bonds or that provides security in the form of personal or real property to ensure the appearance of a criminal defendant before the courts of this state or the United States. (6) "Qualified agent" means an owner, sole proprietor, partner, manager, officer, or chief operating officer of a corporation who meets the requirements set forth in this chapter for obtaining a bail bond agency license. 18.185.010 [Title 18 RCW—page 366] (7) "Bail bond agent" means a person who is employed by a bail bond agency and engages in the sale or issuance of bail bonds, but does not mean a clerical, secretarial, or other support person who does not participate in the sale or issuance of bail bonds. (8) "Licensee" means a bail bond agency, a bail bond agent, a qualified agent, or a bail bond recovery agent. (9) "Branch office" means any office physically separated from the principal place of business of the licensee from which the licensee or an employee or agent of the licensee conducts any activity meeting the criteria of a bail bond agency. (10) "Bail bond recovery agent" means a person who is under contract with a bail bond agent to receive compensation, reward, or any other form of lawful consideration for locating, apprehending, and surrendering a fugitive criminal defendant for whom a bail bond has been posted. "Bail bond recovery agent" does not include a general authority Washington peace officer or a limited authority Washington peace officer. (11) "Contract" means a written agreement between a bail bond agent or qualified agent and a bail bond recovery agent for the purpose of locating, apprehending, and surrendering a fugitive criminal defendant in exchange for lawful consideration. (12) "Planned forced entry" means a premeditated forcible entry into a dwelling, building, or other structure without the occupant’s knowledge or consent for the purpose of apprehending a fugitive criminal defendant subject to a bail bond. "Planned forced entry" does not include situations where, during an imminent or actual chase or pursuit of a fleeing fugitive criminal defendant, or during a casual or unintended encounter with the fugitive, the bail bond recovery agent forcibly enters into a dwelling, building, or other structure without advanced planning. [2004 c 186 § 2; 2000 c 171 § 40; 1996 c 242 § 1; 1993 c 260 § 2.] Legislative recognition—2004 c 186: "The legislature recognizes that bail bond agents and bail bond recovery agents serve a necessary and important purpose in the criminal justice system by locating, apprehending, and surrendering fugitive criminal defendants. The legislature also recognizes that locating, apprehending, and surrendering fugitives requires special skills and expertise; that bail bond agents and bail bond recovery agents are often required to perform their duties under stressful and demanding conditions; and that it serves the public interest to have qualified people performing such essential functions. Therefore, bail bond agencies that use the services of bail bond recovery agents must, in the interest of public safety, use bail bond recovery agents who possess the knowledge and competence necessary for the job." [2004 c 186 § 1.] 18.185.015 Cost of administration—Fees. Pursuant to RCW 43.24.086 and 43.135.055, the department may increase fees as necessary to defray the cost of administering *chapter 105, Laws of 2008 (Engrossed Substitute Senate Bill No. 6347). [2008 c 285 § 29.] 18.185.015 *Reviser’s note: 2008 c 285 § 29 referenced Engrossed Substitute Senate Bill No. 6347. Engrossed Substitute Senate Bill No. 6437 was apparently intended. Intent—Captions not law—Effective date—2008 c 285: See notes following RCW 43.22.434. 18.185.020 Agent license requirements. An applicant must meet the following minimum requirements to obtain a bail bond agent license: 18.185.020 (2008 Ed.) Bail Bond Agents (1) Be at least eighteen years of age; (2) Be a citizen or resident alien of the United States; (3) Not have been convicted of a crime in any jurisdiction in the preceding ten years, if the director determines that the applicant’s particular crime directly relates to a capacity to perform the duties of a bail bond agent and the director determines that the license should be withheld to protect the citizens of Washington state. If the director shall make a determination to withhold a license because of previous convictions, the determination shall be consistent with the restoration of employment rights act, chapter 9.96A RCW; (4) Be employed by a bail bond agency or be licensed as a bail bond agency; and (5) Pay the required fee. [1993 c 260 § 3.] 18.185.030 Agency license requirements. (1) In addition to meeting the minimum requirements to obtain a license as a bail bond agent, a qualified agent must meet the following additional requirements to obtain a bail bond agency license: (a) Pass an examination determined by the director to measure the person’s knowledge and competence in the bail bond agency business; or (b) Have had at least three years’ experience as a manager, supervisor, or administrator in the bail bond business or a related field in Washington state as determined by the director. A year’s experience means not less than two thousand hours of actual compensated work performed before the filing of an application. An applicant shall substantiate the experience by written certifications from previous employers. If the applicant is unable to supply written certifications from previous employers, applicants may offer written certifications from persons other than employers who, based on personal knowledge, can substantiate the employment; and (c) Pay any additional fees as established by the director. (2) An agency license issued under this section may not be assigned or transferred without prior written approval of the director. [2008 c 105 § 1; 1993 c 260 § 4.] 18.185.030 Work group—2008 c 105: "The department of licensing is directed to convene a work group to evaluate the availability of the requisite surety bonds on the current market and the issue of requiring bail bond agents and bail recovery agents to provide proof of financial responsibility in order to obtain a license from the department. Members shall include representatives of the following: The bail bond industry and associations, local law enforcement, prosecuting attorneys, and criminal defense attorneys. The work group shall evaluate and make recommendations regarding whether, in order to be licensed in this state, bail bond agents and bail recovery agents should be required to provide proof of liability insurance, a surety bond, or other similar types of financial responsibility protecting persons who may suffer legal damages as a result of the operations of bail bond agents and bail recovery agents. The department of licensing shall report back to the legislature on its findings and recommendations of the work group on or before January 1, 2009." [2008 c 105 § 9.] 18.185.040 License applications. (1) Applications for licenses required under this chapter shall be filed with the director on a form provided by the director. The director may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria, including fingerprints. (2) Applicants for licensure or endorsement as a bail bond recovery agent must complete a records check through the Washington state patrol criminal identification system 18.185.040 (2008 Ed.) 18.185.055 and through the federal bureau of investigation at the applicant’s expense. Such record check shall include a fingerprint check using a Washington state patrol approved fingerprint card. The Washington state patrol shall forward the fingerprints of applicants to the federal bureau of investigation for a national criminal history records check. The director may accept proof of a recent national crime information center/III criminal background report or any national or interstate criminal background report in addition to fingerprints to accelerate the licensing and endorsement process. The director is authorized to periodically perform a background investigation of licensees to identify criminal convictions subsequent to the renewal of a license or endorsement. [2004 c 186 § 4; 1993 c 260 § 5.] Legislative recognition—2004 c 186: See note following RCW 18.185.010. 18.185.050 License cards, certificates—Advertising—Notice of changes. (1) The director shall issue a bail bond agent license card to each licensed bail bond agent. A bail bond agent shall carry the license card whenever he or she is performing the duties of a bail bond agent and shall exhibit the card upon request. (2) The director shall issue a license certificate to each licensed bail bond agency. (a) Within seventy-two hours after receipt of the license certificate, the licensee shall post and display the certificate in a conspicuous place in the principal office of the licensee within the state. (b) It is unlawful for any person holding a license certificate to knowingly and willfully post the license certificate upon premises other than those described in the license certificate or to materially alter a license certificate. (c) Every advertisement by a licensee that solicits or advertises business shall contain the name of the licensee, the address of record, and the license number as they appear in the records of the director. (d) The licensee shall notify the director within thirty days of any change in the licensee’s officers or directors or any material change in the information furnished or required to be furnished to the director. [1993 c 260 § 6.] 18.185.050 18.185.055 License suspension—Nonpayment or default on educational loan or scholarship. The director shall suspend the license of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person’s license shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose. [1996 c 293 § 26.] 18.185.055 [Title 18 RCW—page 367] 18.185.057 Title 18 RCW: Businesses and Professions Severability—1996 c 293: See note following RCW 18.04.420. 18.185.057 License suspension—Noncompliance with support order—Reissuance. The director shall immediately suspend any license issued under this chapter if the holder has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director’s receipt of a release issued by the department of social and health services stating that the person is in compliance with the order. [1997 c 58 § 840.] 18.185.057 *Reviser’s note: 1997 c 58 § 887 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 18.185.060 Prelicensing training and continuing education requirements. (1) The director shall adopt rules establishing prelicense training and testing requirements for bail bond agents, which shall include no less than four hours of classes. The director may establish, by rule, continuing education requirements for bail bond agents. (2) The director or the director’s designee, with the advice of law enforcement agencies and associations, the criminal justice training commission, prosecutors’ associations, or such other entities as may be appropriate, shall consult with representatives of the bail bond industry and associations before adopting or amending the prelicensing training or continuing education requirements of this section. (3) The director may appoint an advisory committee consisting of representatives from the bail bond industry and a consumer to assist in the development of rules to implement and administer this chapter. [2008 c 105 § 2; 1993 c 260 § 7.] 18.185.060 18.185.070 Bond. (1) No bail bond agency license may be issued under the provisions of this chapter unless the qualified agent files with the director a bond, executed by a surety company authorized to do business in this state, in the sum of ten thousand dollars conditioned to recover against the agency and its servants, officers, agents, and employees by reason of its violation of the provisions of RCW 18.185.100. The bond shall be made payable to the state of Washington, and anyone so injured by the agency or its servants, officers, agents, or employees may bring suit upon the bond in any county in which jurisdiction over the licensee may be obtained. The suit must be brought not later than two years after the failure to return property in accordance with RCW 18.185.100. If valid claims against the bond exceed the amount of the bond or deposit, each claimant shall be entitled only to a pro rata amount, based on the amount of the claim 18.185.070 [Title 18 RCW—page 368] as it is valid against the bond, without regard to the date of filing of any claim or action. (2) Every licensed bail bond agency must at all times maintain on file with the director the bond required by this section in full force and effect. Upon failure by a licensee to do so, the director shall suspend the licensee’s license and shall not reinstate the license until this requirement is met. (3) In lieu of posting a bond, a qualified agent may deposit in an interest-bearing account, ten thousand dollars. (4) The director may waive the bond requirements of this section, in his or her discretion, pursuant to adopted rules. [1993 c 260 § 8.] 18.185.080 18.185.080 Relation of this chapter to local regulation, taxation. (1) The provisions of this chapter relating to the licensing for regulatory purposes of bail bond agents and bail bond agencies are exclusive. No governmental subdivision of this state may enact any laws or rules licensing for regulatory purposes such persons, except as provided in subsections (2) and (3) of this section. (2) This section shall not be construed to prevent a political subdivision of this state from levying a business fee, business and occupation tax, or other tax upon bail bond agencies if such fees or taxes are levied by the political subdivision on other types of businesses within its boundaries. (3) This section shall not be construed to prevent this state or a political subdivision of this state from licensing for regulatory purposes bail bond agencies with respect to activities that are not regulated under this chapter. [1993 c 260 § 9.] 18.185.090 18.185.090 Notice concerning agent’s status—Forced entry—Discharge of firearm. (1) A bail bond agency shall notify the director within thirty days after the death or termination of employment of any employee who is a licensed bail bond agent. (2) A bail bond agency shall notify the director within seventy-two hours upon receipt of information affecting a licensed bail bond agent’s continuing eligibility to hold a license under the provisions of this chapter. (3) A bail bond agent or bail bond recovery agent shall notify the director within seventy-two hours upon receipt of information affecting the bail bond recovery agent’s continuing eligibility to hold a bail bond recovery agent’s license under the provisions of this chapter. (4) A bail bond recovery agent shall notify the director within ten business days following a forced entry for the purpose of apprehending a fugitive criminal defendant, whether planned or unplanned. The notification under this subsection must include information required by rule of the director. (5) A bail bond recovery agent shall notify the local law enforcement agency whenever the bail bond recovery agent discharges his or her firearm while on duty, other than on a supervised firearms range. The notification must be made within ten business days of the date the firearm is discharged. [2008 c 105 § 3; 2004 c 186 § 7; 1993 c 260 § 10.] Legislative recognition—2004 c 186: See note following RCW 18.185.010. (2008 Ed.) Bail Bond Agents 18.185.100 Records—Finances—Disposition of security. (1) Every qualified agent shall keep adequate records for three years of all collateral and security received, all trust accounts required by this section, and all bail bond transactions handled by the bail bond agency, as specified by rule. The records shall be open to inspection without notice by the director or authorized representatives of the director. (2) Every qualified agent who receives collateral or security is a fiduciary of the property and shall keep adequate records for three years of the receipt, safekeeping, and disposition of the collateral or security. Every qualified agent shall maintain a trust account in a federally insured financial institution located in this state. All moneys, including cash, checks, money orders, wire transfers, and credit card sales drafts, received as collateral or security or otherwise held for a bail bond agency’s client shall be deposited in the trust account not later than the third banking day following receipt of the funds or money. A qualified agent shall not in any way encumber the corpus of the trust account or commingle any other moneys with moneys properly maintained in the trust account. Each qualified agent required to maintain a trust account shall report annually under oath to the director the account number and balance of the trust account, and the name and address of the institution that holds the trust account, and shall report to the director within ten business days whenever the trust account is changed or relocated or a new trust account is opened. (3) Whenever a bail bond is exonerated by the court, the qualified agent shall, within five business days after written notification of exoneration, return all collateral or security to the person entitled thereto. (4) Records of contracts for fugitive apprehension must be retained by the bail bond agent and by the bail bond recovery agent for a period of three years. [2004 c 186 § 8; 1996 c 242 § 3; 1993 c 260 § 11.] 18.185.100 Legislative recognition—2004 c 186: See note following RCW 18.185.010. 18.185.110 Unprofessional conduct. In addition to the unprofessional conduct described in RCW 18.235.130, the following conduct, acts, or conditions constitute unprofessional conduct: (1) Violating any of the provisions of this chapter or the rules adopted under this chapter; (2) Failing to meet the qualifications set forth in RCW 18.185.020, 18.185.030, and 18.185.250; (3) Knowingly committing, or being a party to, any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, scheme, or device whereby any other person lawfully relies upon the word, representation, or conduct of the licensee. However, this subsection (3) does not prevent a bail bond recovery agent from using any pretext to locate or apprehend a fugitive criminal defendant or gain any information regarding the fugitive; (4) Assigning or transferring any license issued pursuant to the provisions of this chapter, except as provided in RCW 18.185.030 or 18.185.250; (5) Conversion of any money or contract, deed, note, mortgage, or other evidence of title, to his or her own use or to the use of his or her principal or of any other person, when delivered to him or her in trust or on condition, in violation of 18.185.130 the trust or before the happening of the condition; and failure to return any money or contract, deed, note, mortgage, or other evidence of title within thirty days after the owner is entitled to possession, and makes demand for possession, shall be prima facie evidence of conversion; (6) Failing to keep records, maintain a trust account, or return collateral or security, as required by RCW 18.185.100; (7) Any conduct in a bail bond transaction which demonstrates bad faith, dishonesty, or untrustworthiness; (8) Violation of an order to cease and desist that is issued by the director under chapter 18.235 RCW; (9) Wearing, displaying, holding, or using badges not approved by the department; (10) Making any statement that would reasonably cause another person to believe that the bail bond recovery agent is a sworn peace officer; (11) Failing to carry a copy of the contract or to present a copy of the contract as required under RCW 18.185.270(1); (12) Using the services of an unlicensed bail bond recovery agent or using the services of a bail bond recovery agent without issuing the proper contract; (13) Misrepresenting or knowingly making a material misstatement or omission in the application for a license; (14) Using the services of a person performing the functions of a bail bond recovery agent who has not been licensed by the department as required by this chapter; (15) Performing the functions of a bail bond recovery agent without being both (a) licensed under this chapter or supervised by a licensed bail bond recovery agent under RCW 18.185.290; and (b) under contract with a bail bond agent; (16) Performing the functions of a bail bond recovery agent without exercising due care to protect the safety of persons other than the defendant and the property of persons other than the defendant; or (17) Using a dog in the apprehension of a fugitive criminal defendant. [2008 c 105 § 4; 2007 c 256 § 2; 2004 c 186 § 9; 2002 c 86 § 251; 1993 c 260 § 12.] 18.185.110 (2008 Ed.) Legislative recognition—2004 c 186: See note following RCW 18.185.010. Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.185.120 Director’s powers. In addition to those powers set forth in RCW 18.235.030, the director or the director’s designee has the authority to order restitution to the person harmed by the licensee. [2007 c 256 § 3; 2002 c 86 § 252; 1993 c 260 § 13.] 18.185.120 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.185.130 Complaints. Any person may submit a written complaint to the department charging a license holder or applicant with unprofessional conduct and specifying the grounds for the charge. If the director determines that the complaint merits investigation, or if the director has reason to believe, without a formal complaint, that a license holder or applicant may have engaged in unprofessional conduct, the director shall investigate to determine if there has been 18.185.130 [Title 18 RCW—page 369] 18.185.140 Title 18 RCW: Businesses and Professions unprofessional conduct. A person who files a complaint under this section in good faith is immune from suit in any civil action related to the filing or contents of the complaint. [1993 c 260 § 14.] the development and preservation of business. A violation of RCW 18.185.100 is an unfair or deceptive act in trade or commerce for the purpose of applying the Consumer Protection Act, chapter 19.86 RCW. [1993 c 260 § 22.] 18.185.140 Statement of charges—Notice. When a statement of charges is issued against a license holder or applicant under RCW 18.235.050, notice of this action must be given to the owner or qualified agent of the employing bail bond agency. [2002 c 86 § 253; 1993 c 260 § 15.] 18.185.220 Branch office—Qualified bail bond agent as manager. A branch office may not operate under a business name other than the name of the principal bail bond agency and must have a qualified bail bond agent as manager of the office. The qualified agent shall comply with the provisions of RCW 18.185.100. [1996 c 242 § 2.] 18.185.140 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.185.170 Unlicensed activity—Criminal penalties. (1) Any person who performs the functions and duties of a bail bond agent in this state without being licensed in accordance with the provisions of this chapter, or any person presenting or attempting to use as his or her own the license of another, or any person who gives false or forged evidence of any kind to the director in obtaining a license, or any person who falsely impersonates any other licensee, or any person who attempts to use an expired or revoked license, or any person who violates any of the provisions of this chapter is guilty of a gross misdemeanor. (2) A person is guilty of a gross misdemeanor if the person owns or operates a bail bond agency in this state without first obtaining a bail bond agency license. (3) The owner or qualified agent of a bail bond agency is guilty of a gross misdemeanor if the owner or qualified agent employs any person to perform the duties of a bail bond agent without the employee having in the employee’s possession a permanent bail bond agent license issued by the department. (4) After December 31, 2005, a person is guilty of a gross misdemeanor if the person: (a) Performs the functions of a bail bond recovery agent without first obtaining a license from the department and entering into a contract with a bail bond agent as required by this chapter; or, in the case of a bail bond recovery agent from another state, the person performs the functions of a bail bond recovery agent without operating under the direct supervision of a licensed bail bond recovery agent as required by this chapter; or (b) Conducts a planned forced entry without first complying with the requirements of this chapter. [2004 c 186 § 13; 2002 c 86 § 254; 1993 c 260 § 18.] 18.185.170 Legislative recognition—2004 c 186: See note following RCW 18.185.010. Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.185.200 Application of Administrative Procedure Act. The director, in implementing and administering the provisions of this chapter, shall act in accordance with the Administrative Procedure Act, chapter 34.05 RCW. [1993 c 260 § 21.] 18.185.200 18.185.210 Application of Consumer Protection Act. Failure to fulfill the fiduciary duties and other duties as prescribed in RCW 18.185.100 is not reasonable in relation to 18.185.210 [Title 18 RCW—page 370] 18.185.220 18.185.230 License required for branch office. If a licensee maintains a branch office, the licensee shall not operate that branch office until a branch office license has been received from the director. A bail bond agency may apply to the director for authority to establish one or more branch offices under the same name as the main office upon the payment of a fee as prescribed by the director by rule. The director shall issue a separate license for each branch office showing the location of each branch which shall be prominently displayed in the office for which it is issued. A corporation, partnership, or sole proprietorship shall not establish more than one principal office within this state. [1996 c 242 § 4.] 18.185.230 18.185.240 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 255.] 18.185.240 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.185.250 Bail bond recovery agent license— Requirements. An applicant must meet the following requirements to obtain a bail bond recovery agent license: (1) Submit a fully completed application that includes proper identification on a form prescribed by the director; (2) Pass an examination determined by the director to measure his or her knowledge and competence in the bail recovery business; (3) Be at least twenty-one years old; (4) Be a citizen or legal resident alien of the United States; (5) Not have been convicted of a crime in any jurisdiction, if the director determines that the applicant’s particular crime directly relates to a capacity to perform the duties of a bail bond recovery agent, and that the license should be withheld to protect the citizens of Washington state. The director shall make the director’s determination to withhold a license because of previous convictions notwithstanding the restoration of employment rights act, chapter 9.96A RCW; (6) Not have had certification as a peace officer revoked or denied under chapter 43.101 RCW, unless certification has subsequently been reinstated under RCW 43.101.115; (7) Submit a receipt showing payment for a background check through the Washington state patrol and the federal bureau of investigation; 18.185.250 (2008 Ed.) Bail Bond Agents (8) Have a current firearms certificate issued by the commission if carrying a firearm in the performance of his or her duties as a bail bond recovery agent; (9)(a) Have a current license or equivalent permit to carry a concealed pistol; (b) A resident alien must provide a copy of his or her alien firearm license; and (10)(a) Pay the required nonrefundable fee for each application for a bail bond recovery agent license; (b) A bail bond agent or qualified agent who wishes to perform the duties of a bail bond recovery agent must first obtain a bail bond recovery agent endorsement to his or her bail bond agent or agency license in order to act as a bail bond recovery agent, and pay the required nonrefundable fee for each application for a bail bond recovery agent endorsement. [2008 c 105 § 5; 2004 c 186 § 3.] Legislative recognition—2004 c 186: See note following RCW 18.185.010. 18.185.260 Bail bond recovery agents—Prelicense training/testing requirements—Continuing education requirements—Rules. (1) The director shall adopt rules establishing prelicense training and testing requirements for bail bond recovery agents, which shall include no less than thirty-two hours of field operations classes. The director may establish, by rule, continuing education and recertification requirements for bail bond recovery agents. (2) The director or the director’s designee, with the advice of law enforcement agencies and associations, the criminal justice training commission, prosecutors’ associations, or such other entities as may be appropriate, shall consult with representatives of the bail bond industry and associations before adopting or amending the prelicensing training, testing, and continuing education and recertification requirements of this section and shall establish minimum exam standards necessary for a bail bond recovery agent to qualify for licensure or endorsement. (3) The standards must include, but are not limited to, the following: (a) A minimum level of education or experience appropriate for performing the duties of a bail bond recovery agent; (b) A minimum level of knowledge in relevant areas of criminal and civil law; (c) A minimum level of knowledge regarding the appropriate use of force and different degrees of the use of force; and (d) Adequate training of the use of firearms from the criminal justice training commission, from an instructor who has been trained or certified by the criminal justice training commission, or from another entity approved by the director. (4) The legislature does not intend, and nothing in this chapter shall be construed to restrict or limit in any way the powers of bail bond agents as recognized in and derived from the United States supreme court case of Taylor v. Taintor, 16 Wall. 366 (1872). [2008 c 105 § 6; 2004 c 186 § 5.] 18.185.260 Legislative recognition—2004 c 186: See note following RCW 18.185.010. 18.185.270 Bail bond agent/bail bond recovery agent—Each fugitive an individual contract—Format of contract. (1) Each fugitive criminal defendant to be recov18.185.270 (2008 Ed.) 18.185.280 ered will be treated as an individual contract between the bail bond agent and the bail bond recovery agent. A bail bond agent shall provide a bail bond recovery agent a copy of each individual contract. A bail bond recovery agent must carry, in addition to the license issued by the department, a copy of the contract and, if requested, must present a copy of the contract and the license to the fugitive criminal defendant, the owner or manager of the property in which the agent entered in order to locate or apprehend the fugitive, other residents, if any, of the residence in which the agent entered in order to locate or apprehend the fugitive, and to the local law enforcement agency or officer. If presenting a copy of the contract or the license at the time of the request would unduly interfere with the location or apprehension of the fugitive, the agent shall present the copy of the contract or the license within a reasonable period of time after the exigent circumstances expire. (2) The director, or the director’s designee, with the advice of the bail bond industry and associations, law enforcement agencies and associations, and prosecutors’ associations shall develop a format for the contract. At a minimum, the contract must include the following: (a) The name, address, phone number, and license number of the bail bond agency or bail bond agent contracting with the bail bond recovery agent; (b) The name and license number of the bail bond recovery agent; and (c) The name, last known address, and phone number of the fugitive. [2004 c 186 § 6.] Legislative recognition—2004 c 186: See note following RCW 18.185.010. 18.185.280 Bail bond recovery agent, generally. (1) A person may not perform the functions of a bail bond recovery agent unless the person is licensed by the department under this chapter. (2) A bail bond agent may contract with a person to perform the functions of a bail bond recovery agent. Before contracting with the bail bond recovery agent, the bail bond agent must check the license issued by the department under this chapter. The requirements established by the department under this chapter do not prevent the bail bond agent from imposing additional requirements that the bail bond agent considers appropriate. (3) A contract entered into under this chapter is authority for the person to perform the functions of a bail bond recovery agent as specifically authorized by the contract and in accordance with applicable law. A contract entered into by a bail bond agent with a bail bond recovery agent is not transferable by the bail bond recovery agent to another bail bond recovery agent. (4) Whenever a person licensed by the department as a bail bond recovery agent is engaged in the performance of the person’s duties as a bail bond recovery agent, the person must carry a copy of the license. (5) A license or endorsement issued by the department under this chapter is valid from the date the license or endorsement is issued until its expiration date unless it is suspended or revoked by the department prior to its expiration date. 18.185.280 [Title 18 RCW—page 371] 18.185.290 Title 18 RCW: Businesses and Professions (6) Nothing in this chapter is meant to prevent a bail bond agent from contacting a fugitive criminal defendant for the purpose of requesting the surrender of the fugitive, or from accepting the voluntary surrender of the fugitive. [2008 c 105 § 7; 2004 c 186 § 10.] 18.185.901 Effective date—1993 c 260. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993. [1993 c 260 § 25.] Legislative recognition—2004 c 186: See note following RCW 18.185.010. Implementation—1993 c 260: "The director of licensing may take such steps as are necessary to ensure that this act is implemented on its effective date." [1993 c 260 § 24.] 18.185.290 Out-of-state bail bond recovery agent. A bail bond recovery agent from another state who is not licensed under this chapter may not perform the functions of a bail bond recovery agent in this state unless the agent is working under the direct supervision of a licensed bail bond recovery agent. [2004 c 186 § 11.] 18.185.901 18.185.290 Legislative recognition—2004 c 186: See note following RCW 18.185.010. 18.185.300 Bail bond recovery agent—Planned forced entry—Requirements. (1) Before a bail bond recovery agent may apprehend a person subject to a bail bond in a planned forced entry, the bail bond recovery agent must: (a) Have reasonable cause to believe that the defendant is inside the dwelling, building, or other structure where the planned forced entry is expected to occur; and (b) Notify an appropriate law enforcement agency in the local jurisdiction in which the apprehension is expected to occur. Notification must include, at a minimum: The name of the defendant; the address, or the approximate location if the address is undeterminable, of the dwelling, building, or other structure where the planned forced entry is expected to occur; the name of the bail bond recovery agent; the name of the contracting bail bond agent; and the alleged offense or conduct the defendant committed that resulted in the issuance of a bail bond. (2) During the actual planned forced entry, a bail bond recovery agent: (a) Shall wear a shirt, vest, or other garment with the words "BAIL BOND RECOVERY AGENT," "BAIL ENFORCEMENT," or "BAIL ENFORCEMENT AGENT" displayed in at least two-inch-high reflective print letters across the front and back of the garment and in a contrasting color to that of the garment; and (b) May display a badge approved by the department with the words "BAIL BOND RECOVERY AGENT," "BAIL ENFORCEMENT," or "BAIL ENFORCEMENT AGENT" prominently displayed. (3) Any law enforcement officer who assists in or is in attendance during a planned forced entry is immune from civil action for damages arising out of actions taken by the bail bond recovery agent or agents conducting the forced entry. [2008 c 105 § 8; 2004 c 186 § 12.] 18.185.300 Legislative recognition—2004 c 186: See note following RCW 18.185.010. 18.185.900 Severability—1993 c 260. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. [1993 c 260 § 23.] 18.185.900 [Title 18 RCW—page 372] Chapter 18.190 RCW OPERATION AS LIMITED LIABILITY COMPANY Chapter 18.190 Sections 18.190.010 License—Requirements. 18.190.010 License—Requirements. Any business or profession licensed under this title may operate as a limited liability company formed under chapter 25.15 RCW. Any such limited liability company must be licensed as a limited liability company in accordance with the otherwise applicable licensing provisions of this title. Any such limited liability company shall meet the following requirements: (1) The principal purpose and business of the limited liability company shall be to furnish services to the public which are consistent with the applicable chapter under this title; (2) At least one manager of the limited liability company shall be a person licensed under the applicable chapter under this title; and (3) Each resident manager or member in charge of an office of the limited liability company in this state and each resident manager or member personally engaged within this state in the business or profession of the company shall be licensed under the applicable chapter under this title. [1994 c 211 § 1403.] 18.190.010 Effective date—Severability—1994 c 211: See RCW 25.15.900 and 25.15.902. Chapter 18.195 RCW CONSUMER ACCESS TO VISION CARE ACT Chapter 18.195 Sections 18.195.010 18.195.020 18.195.030 18.195.040 18.195.050 18.195.900 18.195.901 18.195.902 18.195.903 Findings—Intent. Definitions. Prohibited practices—Separation of examination and dispensing—Notice—Duplication of lenses. Prescription not referring to contacts—Verification of performance—Notice—Prescription time limit—Safety notice— Noncompliance. Rule making—Effect. Short title. Construction. Captions not law. Severability—1994 c 106. 18.195.010 Findings—Intent. The legislature finds that in the newly reformed health care delivery system it is necessary to clarify providers’ roles to ensure that they are working together to maximize patient access while controlling costs. This is especially important in the vision care industry, where the potential for confusion exists due to some overlapping scopes of practice among licensed providers. 18.195.010 (2008 Ed.) Consumer Access to Vision Care Act The legislature finds that boards regulating health care professions should be mindful of the necessary balance between public safety and access to affordable care, and adopt rules that are consistent with their legislative intent. The risk that this balance may be lost is especially high in the optical industry, where competitive pressures have led to the involvement of the federal trade commission. The legislature recognizes its role in ensuring appropriate access to vision care for state residents by clarifying necessary prescription content and ensuring prescription release to the patient. [1994 c 106 § 1.] 18.195.020 Definitions. For purposes of this chapter, the following definitions apply: (1) "Dispensing" means the retail delivery of ophthalmic goods to the patient by a prescriber or optician. (2) "Eye examination" means a testing process administered by a prescriber that includes the process of determining the refractive condition of a patient’s eyes. If requested by the patient, it also determines the appropriateness of contact lenses. (3) "Fitting" means the performance of mechanical procedures and measurements necessary to adapt and fit eyeglasses or contact lenses from a written prescription. In the case of contact lenses, the prescription must be in writing and fitting includes the selection of the physical characteristics of the lenses including conversion of the spectacle power to contact lens equivalents, lens design, material and manufacturer of the lenses, and supervision of the trial wearing of the lenses which may require incidental revisions during the fitting period. The revisions may not alter the effect of the written prescription. (4) "Ophthalmic goods" means eyeglasses or a component or components of eyeglasses, and contact lenses. (5) "Ophthalmic services" means the measuring, fitting, adjusting, and fabricating of ophthalmic goods subsequent to an eye examination. (6) "Optician" means a person licensed under chapter 18.34 RCW. (7) "Patient" means a person who has had an eye examination. (8) "Practitioner" includes prescribers and opticians. (9) "Prescriber" means an ophthalmologist or optometrist who performs eye examinations under chapter 18.53, 18.57, or 18.71 RCW. (10) "Prescription" means the written directive from a prescriber for corrective lenses and consists of the refractive powers. If the patient wishes to purchase contact lenses, the prescription must contain a notation that the patient is "OK for contacts" or similar language confirming there are no contraindications for contacts. (11) "Secretary" means the secretary of the department of health. [1994 c 106 § 2.] 18.195.020 18.195.030 Prohibited practices—Separation of examination and dispensing—Notice—Duplication of lenses. (1) No prescriber shall: (a) Fail to provide to the patient one copy of the patient’s prescription at the completion of the eye examination. A prescriber may refuse to give the patient a copy of the patient’s 18.195.030 (2008 Ed.) 18.195.030 prescription until the patient has paid for the eye examination, but only if that prescriber would have required immediate payment from that patient had the examination revealed that no ophthalmic goods were required; (b) Condition the availability of an eye examination or prescription, or both, to a patient on a requirement that the patient agree to purchase ophthalmic goods from the prescriber or a dispenser approved by the prescriber; (c) Fail to include a notation of "OK for contacts" or similar language on the prescription if the prescriber would have fitted the patient himself or herself, provided there are no contraindications for contacts, and if the patient has requested contact lenses. Such a notation will indicate to the practitioner fitting the contact lenses that the initial fitting and followup must be completed within six months of the date of the eye examination. The prescriber will inform the patient that failure to complete the initial fitting and obtain the follow-up evaluation by a prescriber within the six-month time frame will void the "OK for contacts" portion of the prescription. The prescriber who performs the follow-up will place on the prescription "follow-up completed," or similar language, and include his or her name and the date of the follow-up. Patients who comply with both the initial fitting and follow-up requirements will then be able to obtain replacement contact lenses until the expiration date listed on the prescription. If the prescriber concludes the ocular health of the eye presents a contraindication for contact lenses, a verbal explanation of that contraindication must be given to the patient by the prescriber at the time of the eye examination and documentation maintained in the patient’s records. However, a prescriber may exclude categories of contact lenses where clinically indicated; (d) Include a prescription expiration date of less than two years, unless warranted by the ocular health of the eye. If a prescription is to expire in less than two years, an explanatory notation must be made by the prescriber in the patient’s record and a verbal explanation given to the patient at the time of the eye examination; (e) Charge the patient a fee in addition to the prescriber’s examination fee as a condition to releasing the prescription to the patient. However, a prescriber may charge a reasonable, additional fee for verifying ophthalmic goods dispensed by another practitioner if that fee is imposed at the time the verification is performed; or (f) Place on the prescription, or require the patient to sign, or deliver to the patient a form or notice waiving or disclaiming the liability or responsibility of the prescriber for the accuracy of the eye examination or the accuracy of the ophthalmic goods and services dispensed by another practitioner. In prohibiting the use of waivers and disclaimers of liability under this subsection, it is not the intent of the legislature to impose liability on an ophthalmologist or optometrist for the ophthalmic goods and services dispensed by another seller pursuant to the ophthalmologist’s or optometrist’s prescription. (2) Nothing contained in this title shall prevent a prescriber or optician from measuring the refractive power of eyeglass lenses and duplicating the eyeglass lenses upon the request of a patient. [1994 c 106 § 3.] [Title 18 RCW—page 373] 18.195.040 Title 18 RCW: Businesses and Professions 18.195.040 Prescription not referring to contacts— Verification of performance—Notice—Prescription time limit—Safety notice—Noncompliance. (1) If the patient chooses to purchase contact lenses from an optician and the prescription is silent regarding contact lenses, the optician shall contact the prescriber and request a written prescription with a notation of "OK for contacts" or similar language. However, if no evaluation for contact lenses had been done during the eye examination, the prescriber may decline to approve the prescription for contact lenses without further evaluation. (2) If a patient chooses to purchase contact lenses from an optician, the optician shall advise the patient, in writing, that a prescriber is to verify the performance of the initial set of contact lenses on the eyes within six months of the date of the eye examination or the "OK for contacts" portion of the prescription will be void. The patient shall be requested to sign the written advisement and the signed document will be maintained as part of the patient’s records. If the patient declines to sign the document, it shall be noted in the record. (3) No practitioner may dispense contact lenses based on a prescription that is over two years old. (4) All fitters and dispensers of contact lenses shall distribute safety pamphlets to their patients in order to improve consumer decisions as well as health-related decisions. (5) It is unprofessional conduct under chapter 18.130 RCW for a practitioner to fail to comply with this section. [1994 c 106 § 4.] 18.195.040 Chapter 18.200 RCW ORTHOTIC AND PROSTHETIC SERVICES Chapter 18.200 Sections 18.200.005 18.200.010 18.200.020 18.200.030 18.200.040 18.200.050 18.200.060 18.200.070 18.200.080 18.200.090 18.200.100 18.200.900 18.200.901 18.200.902 Intent—Purpose—1997 c 285. Definitions. Treatment limits. Use of title—Prohibited without license—Posting of license. Practices not limited by chapter. Secretary’s authority. Advisory committee—Composition—Terms—Duties. Application—Requirements—Examination—Alternative standards. Licensure without examination. Reciprocity. Application of uniform disciplinary act. Short title. Severability—1997 c 285. Effective date—1997 c 285 §§ 1-5 and 8-12. 18.200.005 Intent—Purpose—1997 c 285. It is the intent of the legislature that this act accomplish the following: Safeguard public health, safety, and welfare; protect the public from being mislead by unethical, ill-prepared, unscrupulous, and unauthorized persons; assure the highest degree of professional conduct on the part of orthotists and prosthetists; and assure the availability of orthotic and prosthetic services of high quality to persons in need of the services. The purpose of this act is to provide for the regulation of persons offering orthotic and prosthetic services to the public. [1997 c 285 § 1.] 18.200.005 18.200.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Advisory committee" means the orthotics and prosthetics advisory committee. (2) "Department" means the department of health. (3) "Secretary" means the secretary of health or the secretary’s designee. (4) "Orthotics" means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing, as well as providing the initial training necessary to accomplish the fitting of, an orthosis for the support, correction, or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity. The practice of orthotics encompasses evaluation, treatment, and consultation. With basic observational gait and postural analysis, orthotists assess and design orthoses to maximize function and provide not only the support but the alignment necessary to either prevent or correct deformity or to improve the safety and efficiency of mobility or locomotion, or both. Orthotic practice includes providing continuing patient care in order to assess its effect on the patient’s tissues and to assure proper fit and function of the orthotic device by periodic evaluation. (5) "Orthotist" means a person licensed to practice orthotics under this chapter. (6) "Orthosis" means a custom-fabricated, definitive brace or support that is designed for long-term use. Except for the treatment of scoliosis, orthosis does not include prefabricated or direct-formed orthotic devices, as defined in this section, or any of the following assistive technology devices: Commercially available knee orthoses used following injury or surgery; spastic muscle tone-inhibiting orthoses; upper 18.200.010 18.195.050 Rule making—Effect. (1) The secretary shall adopt rules necessary to implement the purposes of this chapter. The secretary is specifically directed to adopt rules that maximize competition in the delivery of vision care limited only by the existing scope of practice of the professions and by provisions preventing demonstrated and substantial threats to the public’s vision health. (2) This chapter and the rules adopted by the secretary pursuant to this section shall supersede rules adopted pursuant to chapter 18.34, 18.53, 18.57, or 18.71 RCW that conflict with this chapter. To the extent that, in the secretary’s opinion, these rules conflict with the purposes of this chapter, the secretary may declare such rules null and void. [1994 c 106 § 6.] 18.195.050 18.195.900 Short title. This chapter may be cited as the Consumer Access to Vision Care Act. [1994 c 106 § 7.] 18.195.900 18.195.901 Construction. Nothing in this chapter shall be construed as expanding the scope of practice of a vision care practitioner beyond that currently authorized by state law. [1994 c 106 § 5.] 18.195.901 18.195.902 Captions not law. Section captions as used in this chapter constitute no part of the law. [1994 c 106 § 8.] 18.195.902 18.195.903 Severability—1994 c 106. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1994 c 106 § 9.] 18.195.903 [Title 18 RCW—page 374] (2008 Ed.) Orthotic and Prosthetic Services extremity adaptive equipment; finger splints; hand splints; custom-made, leather wrist gauntlets; face masks used following burns; wheelchair seating that is an integral part of the wheelchair and not worn by the patient independent of the wheelchair; fabric or elastic supports; corsets; arch supports, also known as foot orthotics; low-temperature formed plastic splints; trusses; elastic hose; canes; crutches; cervical collars; dental appliances; and other similar devices as determined by the secretary, such as those commonly carried in stock by a pharmacy, department store, corset shop, or surgical supply facility. Prefabricated orthoses, also known as custom-fitted, or off-the-shelf, are devices that are manufactured as commercially available stock items for no specific patient. Directformed orthoses are devices formed or shaped during the molding process directly on the patient’s body or body segment. Custom-fabricated orthoses, also known as custommade orthoses, are devices designed and fabricated, in turn, from raw materials for a specific patient and require the generation of an image, form, or mold that replicates the patient’s body or body segment and, in turn, involves the rectification of dimensions, contours, and volumes to achieve proper fit, comfort, and function for that specific patient. (7) "Prosthetics" means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, aligning, adjusting, or servicing, as well as providing the initial training necessary to accomplish the fitting of, a prosthesis through the replacement of external parts of a human body lost due to amputation or congenital deformities or absences. The practice of prosthetics also includes the generation of an image, form, or mold that replicates the patient’s body or body segment and that requires rectification of dimensions, contours, and volumes for use in the design and fabrication of a socket to accept a residual anatomic limb to, in turn, create an artificial appendage that is designed either to support body weight or to improve or restore function or cosmesis, or both. Involved in the practice of prosthetics is observational gait analysis and clinical assessment of the requirements necessary to refine and mechanically fix the relative position of various parts of the prosthesis to maximize the function, stability, and safety of the patient. The practice of prosthetics includes providing continuing patient care in order to assess the prosthetic device’s effect on the patient’s tissues and to assure proper fit and function of the prosthetic device by periodic evaluation. (8) "Prosthetist" means a person who is licensed to practice prosthetics under this chapter. (9) "Prosthesis" means a definitive artificial limb that is alignable or articulated, or, in lower extremity applications, capable of weight bearing. Prosthesis means an artificial medical device that is not surgically implanted and that is used to replace a missing limb, appendage, or other external human body part including an artificial limb, hand, or foot. The term does not include artificial eyes, ears, fingers or toes, dental appliances, ostomy products, devices such as artificial breasts, eyelashes, wigs, or other devices as determined by the secretary that do not have a significant impact on the musculoskeletal functions of the body. In the lower extremity of the body, the term prosthesis does not include prostheses required for amputations distal to and including the transmetatarsal level. In the upper extremity of the body, the term prosthesis does not include prostheses that are provided to (2008 Ed.) 18.200.040 restore function for amputations distal to and including the carpal level. (10) "Authorized health care practitioner" means licensed physicians, physician’s assistants, osteopathic physicians, chiropractors, naturopaths, podiatric physicians and surgeons, dentists, and advanced registered nurse practitioners. [1997 c 285 § 2.] 18.200.020 Treatment limits. An orthotist or prosthetist may only provide treatment utilizing new orthoses or prostheses for which the orthotist or prosthetist is licensed to do so, and only under an order from or referral by an authorized health care practitioner. A consultation and periodic review by an authorized health care practitioner is not required for evaluation, repair, adjusting, or servicing of orthoses by a licensed orthotist and servicing of prostheses by a licensed prosthetist. Nor is an authorized health care practitioner’s order required for maintenance of an orthosis or prosthesis to the level of its original prescription for an indefinite period of time if the order remains appropriate for the patient’s medical needs. Orthotists and prosthetists must refer persons under their care to authorized health care practitioners if they have reasonable cause to believe symptoms or conditions are present that require services beyond the scope of their practice or for which the prescribed orthotic or prosthetic treatment is contraindicated. [1997 c 285 § 3.] 18.200.020 18.200.030 Use of title—Prohibited without license— Posting of license. No person may represent himself or herself as a licensed orthotist or prosthetist, use a title or description of services, or engage in the practice of orthotics or prosthetics without applying for licensure, meeting the required qualifications, and being licensed by the department of health, unless otherwise exempted by this chapter. A person not licensed with the secretary must not represent himself or herself as being so licensed and may not use in connection with his or her name the words or letters "L.O.," "L.P.," or "L.P.O.," or other letters, words, signs, numbers, or insignia indicating or implying that he or she is either a licensed orthotist or a licensed prosthetist, or both. No person may practice orthotics or prosthetics without first having a valid license. The license must be posted in a conspicuous location at the person’s work site. [1997 c 285 § 4.] 18.200.030 18.200.040 Practices not limited by chapter. Nothing in this chapter shall be construed to prohibit or restrict: (1) The practice by individuals listed under RCW 18.130.040 and performing services within their authorized scopes of practice; (2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States; (3) The practice by a person who is a regular student in an orthotic or prosthetic educational program approved by the secretary, and whose performance of services is pursuant to a regular course of instruction or assignments from an instructor and under the general supervision of the instructor, if the person is designated by a title that clearly indicates the person’s status as a student or trainee; 18.200.040 [Title 18 RCW—page 375] 18.200.050 Title 18 RCW: Businesses and Professions (4) A person fulfilling the supervised residency or internship experience requirements described in RCW 18.200.070, if the activities and services constitute a part of the experience necessary to meet the requirements of this chapter; or (5) A person from performing orthotic or prosthetic services in this state if: (a) The services are performed for no more than ninety working days; and (b) the person is licensed in another state or has met commonly accepted standards for the practice of orthotics or prosthetics as determined by the secretary. [1997 c 285 § 5.] 18.200.050 Secretary’s authority. In addition to other authority provided by law, the secretary has the authority to: (1) Adopt rules under chapter 34.05 RCW necessary to implement this chapter; (2) Establish administrative procedures, administrative requirements, and fees in accordance with RCW 43.70.250 and 43.70.280. All fees collected under this section must be credited to the health professions account as required under RCW 43.70.320; (3) Register applicants, issue licenses to applicants who have met the education, training, and examination requirements for licensure, and deny licenses to applicants who do not meet the minimum qualifications, except that proceedings concerning the denial of credentials based upon unprofessional conduct or impairment are governed by the uniform disciplinary act, chapter 18.130 RCW; (4) Hire clerical, administrative, investigative, and other staff as needed to implement this chapter and hire individuals licensed under this chapter to serve as examiners for any practical examinations; (5) Determine minimum education requirements and evaluate and designate those educational programs from which graduation will be accepted as proof of eligibility to take a qualifying examination for applicants for licensure; (6) Establish the standards and procedures for revocation of approval of education programs; (7) Utilize or contract with individuals or organizations having expertise in the profession or in education to assist in the evaluations; (8) Prepare and administer, or approve the preparation and administration of, examinations for applicants for licensure; (9) Determine whether alternative methods of training are equivalent to formal education, and establish forms, procedures, and criteria for evaluation of an applicant’s alternative training to determine the applicant’s eligibility to take any qualifying examination; (10) Determine which jurisdictions have licensing requirements equivalent to those of this state and issue licenses without examinations to individuals licensed in those jurisdictions; (11) Define and approve any experience requirement for licensing; (12) Implement and administer a program for consumer education; (13) Adopt rules implementing continuing competency requirements for renewal of the license and relicensing; (14) Maintain the official department records of all applicants and licensees; 18.200.050 [Title 18 RCW—page 376] (15) Establish by rule the procedures for an appeal of an examination failure; (16) Establish requirements and procedures for an inactive license; and (17) With the advice of the advisory committee, the secretary may recommend collaboration with health professions, boards, and commissions to develop appropriate referral protocols. [1997 c 285 § 6.] 18.200.060 Advisory committee—Composition— Terms—Duties. (1) The secretary has the authority to appoint an advisory committee to further the purposes of this chapter. The secretary may consider the persons who are recommended for appointment by the orthotic and prosthetic associations of the state. The committee is composed of five members, one member initially appointed for a term of one year, two for a term of two years, and two for a term of three years. Subsequent appointments are for terms of three years. No person may serve as a member of the committee for more than two consecutive terms. Members of the advisory committee must be residents of this state and citizens of the United States. The committee is composed of three individuals licensed in the category designated and engaged in rendering services to the public. Two members must at all times be holders of licenses for the practice of either prosthetics or orthotics, or both, in this state, except for the initial members of the advisory committee, all of whom must fulfill the requirements for licensure under this chapter. One member must be a practicing orthotist. One member must be a practicing prosthetist. One member must be licensed by the state as a physician licensed under chapter 18.57 or 18.71 RCW, specializing in orthopedic medicine or surgery or physiatry. Two members must represent the public at large and be unaffiliated directly or indirectly with the profession being credentialed but, to the extent possible, be consumers of orthotic and prosthetic services. The two members appointed to the advisory committee representing the public at large must have an interest in the rights of consumers of health services and must not be or have been a licensee of a health occupation committee or an employee of a health facility, nor derive his or her primary livelihood from the provision of health services at any level of responsibility. (2) The secretary may remove any member of the advisory committee for cause as specified by rule. In the case of a vacancy, the secretary shall appoint a person to serve for the remainder of the unexpired term. (3) The advisory committee may provide advice on matters specifically identified and requested by the secretary, such as applications for licenses. (4) The advisory committee may be requested by the secretary to approve an examination required for licensure under this chapter. (5) The advisory committee may be requested by the secretary to review and monitor the exemptions to requirements of certain orthoses and prostheses in this chapter and recommend to the secretary any statutory changes that may be needed to properly protect the public. (6) The advisory committee, at the request of the secretary, may recommend rules in accordance with the administrative procedure act, chapter 34.05 RCW, relating to standards for appropriateness of orthotic and prosthetic care. 18.200.060 (2008 Ed.) Chemical Dependency Professionals (7) The advisory committee shall meet at the times and places designated by the secretary and hold meetings during the year as necessary to provide advice to the secretary. The committee may elect a chair and a vice-chair. A majority of the members currently serving constitute a quorum. (8) Each member of an advisory committee shall be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060. In addition, members of the committees shall be compensated in accordance with RCW 43.03.240 when engaged in the authorized business of their committees. (9) The secretary, members of advisory committees, or individuals acting on their behalf are immune from suit in any action, civil or criminal, based on any credentialing or disciplinary proceedings or other official acts performed in the course of their duties. [1997 c 285 § 7.] 18.200.070 Application—Requirements—Examination—Alternative standards. (1) An applicant must file a written application on forms provided by the department showing to the satisfaction of the secretary, in consultation with the advisory committee, that the applicant meets the following requirements: (a) The applicant possesses a baccalaureate degree with coursework appropriate for the profession approved by the secretary, or possesses equivalent training as determined by the secretary pursuant to subsections (3) and (5) of this section; (b) The applicant has the amount of formal training, including the hours of classroom education and clinical practice, in areas of study as the secretary deems necessary and appropriate; (c) The applicant has completed a clinical internship or residency in the professional area for which a license is sought in accordance with the standards, guidelines, or procedures for clinical internships or residencies inside or outside the state as established by the secretary, or that are otherwise substantially equivalent to the standards commonly accepted in the fields of orthotics and prosthetics as determined by the secretary pursuant to subsections (3) and (5) of this section. The secretary must set the internship as at least one year. (2) An applicant for licensure as either an orthotist or prosthetist must pass all written and practical examinations that are required and approved by the secretary in consultation with the advisory committee. (3) The standards and requirements for licensure established by the secretary must be substantially equal to the standards commonly accepted in the fields of orthotics and prosthetics. (4) An applicant failing to make the required grade in the first examination may take up to three subsequent examinations as the applicant desires upon prepaying a fee, determined by the secretary under RCW 43.70.250, for each subsequent examination. Upon failing four examinations, the secretary may invalidate the original application and require remedial education before the person may take future examinations. (5) The secretary may waive some of the education, examination, or experience requirements of this section if the secretary determines that the applicant meets alternative standards, established by the secretary through rule, that are sub18.200.070 (2008 Ed.) Chapter 18.205 stantially equivalent to the requirements in subsections (1) and (2) of this section. [1997 c 285 § 8.] 18.200.080 Licensure without examination. The secretary may grant a license without an examination for those applicants who have practiced full time for five of the six years prior to *the effective date of this act and who have provided comprehensive orthotic or prosthetic, or orthotic and prosthetic, services in an established practice. This section applies only to those individuals who apply within one year of *the effective date of this act. [1997 c 285 § 9.] 18.200.080 *Reviser’s note: 1997 c 285 has two different effective dates. The effective date for sections 1 through 5 and 8 through 12 is December 1, 1998, and the effective date for the remainder of the act is July 27, 1997. 18.200.090 Reciprocity. An applicant holding a license in another state or a territory of the United States may be licensed to practice in this state without examination if the secretary determines that the other jurisdiction’s credentialing standards are substantially equivalent to the standards in this jurisdiction. [1997 c 285 § 10.] 18.200.090 18.200.100 Application of uniform disciplinary act. The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of licenses, unauthorized practice, and the discipline of persons licensed under this chapter. The secretary is the disciplining authority under this chapter. [1997 c 285 § 11.] 18.200.100 18.200.900 Short title. This chapter is known and may be cited as the orthotics and prosthetics practice act. [1997 c 285 § 12.] 18.200.900 18.200.901 Severability—1997 c 285. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1997 c 285 § 14.] 18.200.901 18.200.902 Effective date—1997 c 285 §§ 1-5 and 812. Sections 1 through 5 and 8 through 12 of this act take effect December 1, 1998. [1997 c 285 § 16.] 18.200.902 Chapter 18.205 RCW CHEMICAL DEPENDENCY PROFESSIONALS Chapter 18.205 Sections 18.205.010 18.205.020 18.205.030 18.205.040 18.205.050 18.205.060 18.205.070 18.205.080 18.205.090 18.205.095 18.205.100 18.205.110 18.205.120 18.205.130 18.205.140 Chemical dependency professional certification. Definitions. Title or description of services. Use of title. Practice not prohibited or restricted by chapter. Authority of secretary. Official record of proceedings. Chemical dependency certification advisory committee— Composition—Terms. Certification requirements. Certification requirements—Trainees. Educational programs and alternative training—Standards and procedures—Established by rule. Examination. Application for certification—Fee. Waiver of examination—Certification of applicants—Intent. Applicant credentialed in another state—Certification without examination. [Title 18 RCW—page 377] 18.205.010 18.205.150 18.205.900 Title 18 RCW: Businesses and Professions Uniform disciplinary act. Effective dates—1998 c 243. 18.205.010 Chemical dependency professional certification. The legislature recognizes chemical dependency professionals as discrete health professionals. Chemical dependency professional certification serves the public interest. [1998 c 243 § 1.] 18.205.010 18.205.020 Definitions. (Effective until July 1, 2009.) Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Certification" means a voluntary process recognizing an individual who qualifies by examination and meets established educational prerequisites, and which protects the title of practice. (2) "Certified chemical dependency professional" means an individual certified in chemical dependency counseling, under this chapter. (3) "Chemical dependency counseling" means employing the core competencies of chemical dependency counseling to assist or attempt to assist an alcohol or drug addicted person to develop and maintain abstinence from alcohol and other mood-altering drugs. (4) "Committee" means the chemical dependency certification advisory committee established under this chapter. (5) "Core competencies of chemical dependency counseling" means competency in the nationally recognized knowledge, skills, and attitudes of professional practice, including assessment and diagnosis of chemical dependency, chemical dependency treatment planning and referral, patient and family education in the disease of chemical dependency, individual and group counseling with alcoholic and drug addicted individuals, relapse prevention counseling, and case management, all oriented to assist alcoholic and drug addicted patients to achieve and maintain abstinence from mood-altering substances and develop independent support systems. (6) "Department" means the department of health. (7) "Health profession" means a profession providing health services regulated under the laws of this state. (8) "Secretary" means the secretary of health or the secretary’s designee. [1998 c 243 § 2.] 18.205.020 18.205.020 Definitions. (Effective July 1, 2009.) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Certification" means a voluntary process recognizing an individual who qualifies by examination and meets established educational prerequisites, and which protects the title of practice. (2) "Certified chemical dependency professional" means an individual certified in chemical dependency counseling, under this chapter. (3) "Certified chemical dependency professional trainee" means an individual working toward the education and experience requirements for certification as a chemical dependency professional. (4) "Chemical dependency counseling" means employing the core competencies of chemical dependency counseling to assist or attempt to assist an alcohol or drug addicted 18.205.020 [Title 18 RCW—page 378] person to develop and maintain abstinence from alcohol and other mood-altering drugs. (5) "Committee" means the chemical dependency certification advisory committee established under this chapter. (6) "Core competencies of chemical dependency counseling" means competency in the nationally recognized knowledge, skills, and attitudes of professional practice, including assessment and diagnosis of chemical dependency, chemical dependency treatment planning and referral, patient and family education in the disease of chemical dependency, individual and group counseling with alcoholic and drug addicted individuals, relapse prevention counseling, and case management, all oriented to assist alcoholic and drug addicted patients to achieve and maintain abstinence from mood-altering substances and develop independent support systems. (7) "Department" means the department of health. (8) "Health profession" means a profession providing health services regulated under the laws of this state. (9) "Secretary" means the secretary of health or the secretary’s designee. [2008 c 135 § 15; 1998 c 243 § 2.] Effective date—2008 c 135 §§ 1, 2, 7-9, and 11-19: See note following RCW 18.19.020. 18.205.030 Title or description of services. (Effective until July 1, 2009.) No person may represent oneself as a certified chemical dependency professional or use any title or description of services of a certified chemical dependency professional without applying for certification, meeting the required qualifications, and being certified by the department of health, unless otherwise exempted by this chapter. [2000 c 171 § 41; 1998 c 243 § 3.] 18.205.030 18.205.030 Title or description of services. (Effective July 1, 2009.) No person may represent oneself as a certified chemical dependency professional or certified chemical dependency professional trainee or use any title or description of services of a certified chemical dependency professional or certified chemical dependency professional trainee without applying for certification, meeting the required qualifications, and being certified by the department of health, unless otherwise exempted by this chapter. [2008 c 135 § 16; 2000 c 171 § 41; 1998 c 243 § 3.] 18.205.030 Effective date—2008 c 135 §§ 1, 2, 7-9, and 11-19: See note following RCW 18.19.020. 18.205.040 Use of title. (Effective until July 1, 2009.) Nothing in this chapter shall be construed to authorize the use of the title "certified chemical dependency professional" when treating patients in settings other than programs approved under chapter 70.96A RCW. [1998 c 243 § 4.] 18.205.040 18.205.040 Use of title. (Effective July 1, 2009.) Nothing in this chapter shall be construed to authorize the use of the title "certified chemical dependency professional" or "certified chemical dependency professional trainee" when treating patients in settings other than programs approved under chapter 70.96A RCW. [2008 c 135 § 17; 1998 c 243 § 4.] 18.205.040 Effective date—2008 c 135 §§ 1, 2, 7-9, and 11-19: See note following RCW 18.19.020. (2008 Ed.) Chemical Dependency Professionals 18.205.050 Practice not prohibited or restricted by chapter. Nothing in this chapter shall be construed to prohibit or restrict: (1) The practice by an individual licensed, certified, or registered under the laws of this state and performing services within the authorized scope of practice; (2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States; (3) The practice by a person who is a regular student in an educational program approved by the secretary, and whose performance of services is pursuant to a regular course of instruction or assignments from an instructor and under the general supervision of the instructor. [1998 c 243 § 5.] 18.205.050 18.205.060 Authority of secretary. In addition to any other authority provided by law, the secretary has the authority to: (1) Adopt rules under chapter 34.05 RCW necessary to implement this chapter, in consultation with the committee; (2) Establish all certification, examination, and renewal fees in accordance with RCW 43.70.250; (3) Establish forms and procedures necessary to administer this chapter; (4) Issue certificates to applicants who have met the education, training, and examination requirements for certification and to deny certification to applicants who do not meet the minimum qualifications, except that proceedings concerning the denial of certification based upon unprofessional conduct or impairment shall be governed by the uniform disciplinary act, chapter 18.130 RCW; (5) Hire clerical, administrative, investigative, and other staff as needed to implement this chapter, and hire individuals certified under this chapter to serve as examiners for any practical examinations; (6) Determine minimum education requirements and evaluate and designate those educational programs that will be accepted as proof of eligibility to take a qualifying examination for applicants for certification; (7) Prepare, grade, and administer, or determine the nature of, and supervise the grading and administration of, examinations for applicants for certification; (8) Determine whether alternative methods of training are equivalent to formal education, and establish forms, procedures, and criteria for evaluation of an applicant’s alternative training to determine the applicant’s eligibility to take any qualifying examination; (9) Determine which states have credentialing requirements equivalent to those of this state, and issue certificates to individuals credentialed in those states without examinations; (10) Define and approve any experience requirement for certification; (11) Implement and administer a program for consumer education; (12) Adopt rules implementing a continuing competency program; (13) Maintain the official department record of all applicants and certificated individuals; (14) Establish by rule the procedures for an appeal of an examination failure; and 18.205.060 (2008 Ed.) 18.205.090 (15) Establish disclosure requirements. [1998 c 243 § 6.] 18.205.070 Official record of proceedings. The secretary shall keep an official record of all proceedings. A part of the record shall consist of a register of all applicants for certification under this chapter and the results of each application. [1998 c 243 § 7.] 18.205.070 18.205.080 Chemical dependency certification advisory committee—Composition—Terms. (1) The secretary shall appoint a chemical dependency certification advisory committee to further the purposes of this chapter. The committee shall be composed of seven members, one member initially appointed for a term of one year, three for a term of two years, and three for a term of three years. Subsequent appointments shall be for terms of three years. No person may serve as a member of the committee for more than two consecutive terms. Members of the committee shall be residents of this state. The committee shall be composed of four certified chemical dependency professionals; one chemical dependency treatment program director; one physician licensed under chapter 18.71 or 18.57 RCW who is certified in addiction medicine or a licensed or certified mental health practitioner; and one member of the public who has received chemical dependency counseling. (2) The secretary may remove any member of the committee for cause as specified by rule. In the case of a vacancy, the secretary shall appoint a person to serve for the remainder of the unexpired term. (3) The committee shall meet at the times and places designated by the secretary and shall hold meetings during the year as necessary to provide advice to the director. The committee may elect a chair and a vice-chair. A majority of the members currently serving shall constitute a quorum. (4) Each member of the committee shall be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060. In addition, members of the committee shall be compensated in accordance with RCW 43.03.240 when engaged in the authorized business of the committee. (5) The director of the department of social and health services division of alcohol and substance abuse or the director’s designee, shall serve as an ex officio member of the committee. (6) The secretary, members of the committee, or individuals acting on their behalf are immune from suit in any action, civil or criminal, based on any certification or disciplinary proceedings or other official acts performed in the course of their duties. [1998 c 243 § 8.] 18.205.080 18.205.090 Certification requirements. (1) The secretary shall issue a certificate to any applicant who demonstrates to the secretary’s satisfaction that the following requirements have been met: (a) Completion of an educational program approved by the secretary or successful completion of alternate training that meets established criteria; (b) Successful completion of an approved examination, based on core competencies of chemical dependency counseling; and 18.205.090 [Title 18 RCW—page 379] 18.205.095 Title 18 RCW: Businesses and Professions (c) Successful completion of an experience requirement that establishes fewer hours of experience for applicants with higher levels of relevant education. In meeting any experience requirement established under this subsection, the secretary may not require more than one thousand five hundred hours of experience in chemical dependency counseling for applicants who are licensed under chapter 18.83 RCW or under chapter 18.79 RCW as advanced registered nurse practitioners. (2) The secretary shall establish by rule what constitutes adequate proof of meeting the criteria. (3) Applicants are subject to the grounds for denial of a certificate or issuance of a conditional certificate under chapter 18.130 RCW. (4) Certified chemical dependency professionals shall not be required to be registered under chapter 18.19 RCW or licensed under chapter 18.225 RCW. [2001 c 251 § 30; 1998 c 243 § 9.] Severability—2001 c 251: See RCW 18.225.900. 18.205.095 Certification requirements—Trainees. (Effective July 1, 2009.) (1) The secretary shall issue a trainee certificate to any applicant who demonstrates to the satisfaction of the secretary that he or she is working toward the education and experience requirements in RCW 18.205.090. (2) A trainee certified under this section shall submit to the secretary for approval a declaration, in accordance with rules adopted by the department, that he or she is enrolled in an approved education program and actively pursuing the experience requirements in RCW 18.205.090. This declaration must be updated with the trainee’s annual renewal. (3) A trainee certified under this section may practice only under the supervision of a certified chemical dependency professional. The first fifty hours of any face-to-face client contact must be under direct observation. All remaining experience must be under supervision in accordance with rules adopted by the department. (4) A certified chemical dependency professional trainee provides chemical dependency assessments, counseling, and case management with a state regulated agency and can provide clinical services to patients consistent with his or her education, training, and experience as approved by his or her supervisor. (5) A trainee certification may only be renewed four times. (6) Applicants are subject to denial of a certificate or issuance of a conditional certificate for the reasons set forth in chapter 18.130 RCW. [2008 c 135 § 18.] 18.205.095 Effective date—2008 c 135 §§ 1, 2, 7-9, and 11-19: See note following RCW 18.19.020. 18.205.100 Educational programs and alternative training—Standards and procedures—Established by rule. The secretary may establish by rule the standards and procedures for approval of educational programs and alternative training. The secretary may utilize or contract with individuals or organizations having expertise in the profession or in education to assist in the evaluations. The secretary shall establish by rule the standards and procedures for revocation of approval of educational programs. The standards and pro18.205.100 [Title 18 RCW—page 380] cedures set shall apply equally to educational programs and training in the United States and in foreign jurisdictions. The secretary may establish a fee for educational program evaluations. [2000 c 171 § 42; 1998 c 243 § 10.] 18.205.110 Examination. (1) The date and location of examinations shall be established by the secretary. Applicants who have been found by the secretary to meet the other requirements for certification shall be scheduled for the next examination following the filing of the application. The secretary shall establish by rule the examination application deadline. (2) The secretary or the secretary’s designees shall examine each applicant, by means determined most effective, on subjects appropriate to the scope of practice, as applicable. Such examinations shall be limited to the purpose of determining whether the applicant possesses the minimum skill and knowledge necessary to practice competently. (3) The examination papers, all grading of the papers, and the grading of any practical work shall be preserved for a period of not less than one year after the secretary has made and published the decisions. All examinations shall be conducted under fair and wholly impartial methods. (4) Any applicant failing to make the required grade in the first examination may take up to three subsequent examinations as the applicant desires upon prepaying a fee determined by the secretary under RCW 43.70.250 for each subsequent examination. Upon failing four examinations, the secretary may invalidate the original application and require such remedial education before the person may take future examinations. (5) The secretary may approve an examination prepared or administered by a private testing agency or association of licensing agencies for use by an applicant in meeting the certification requirements. [1998 c 243 § 11.] 18.205.110 18.205.120 Application for certification—Fee. Applications for certification shall be submitted on forms provided by the secretary. The secretary may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria for certification provided for in this chapter and chapter 18.130 RCW. Each applicant shall pay a fee determined by the secretary under RCW 43.70.250. The fee shall accompany the application. [1998 c 243 § 12.] 18.205.120 18.205.130 Waiver of examination—Certification of applicants—Intent. (1) Within two years after July 1, 1999, the secretary shall waive the examination and certify a person who pays a fee and produces a valid chemical dependency counselor certificate of qualification from the department of social and health services. (2) Within two years after July 1, 1999, the secretary shall waive the examination and certify applicants who are licensed under chapter 18.83 RCW or under chapter 18.79 RCW as advanced registered nurse practitioners who pay a fee, who document completion of courses substantially equivalent to those required of chemical dependency counselors working in programs approved under chapter 70.96A RCW on July 1, 1999, and who provide evidence of one thou18.205.130 (2008 Ed.) On-Site Wastewater Treatment Systems—Designer Licensing sand five hundred hours of experience in chemical dependency counseling. (3) It is the intent of the legislature that the credentialing of chemical dependency professionals be established solely by the department. [1998 c 243 § 13.] 18.205.140 Applicant credentialed in another state— Certification without examination. An applicant holding a credential in another state may be certified to practice in this state without examination if the secretary determines that the other state’s credentialing standards are substantially equivalent to the standards in this state. [1998 c 243 § 14.] 18.205.140 18.205.150 Uniform disciplinary act. The uniform disciplinary act, chapter 18.130 RCW, shall govern the issuance and denial of certificates, unauthorized practice, and the discipline of persons certified under this chapter. The secretary shall be the disciplining authority under this chapter. [1998 c 243 § 15.] 18.205.150 18.205.900 Effective dates—1998 c 243. This act takes effect July 1, 1998, except for sections 3, 9, 13, and 14 of this act, which take effect July 1, 1999. [1998 c 243 § 18.] 18.205.900 Chapter 18.210 RCW ON-SITE WASTEWATER TREATMENT SYSTEMS— DESIGNER LICENSING Chapter 18.210 Sections 18.210.005 18.210.010 18.210.020 18.210.030 18.210.040 18.210.050 18.210.060 18.210.070 18.210.080 18.210.090 18.210.100 18.210.110 18.210.120 18.210.130 18.210.140 18.210.150 18.210.160 18.210.170 18.210.180 18.210.190 18.210.200 18.210.210 18.210.220 18.210.900 Findings—Purpose—Prohibition. Definitions. Unprofessional conduct. Support order—License/practice permit suspension. Advisory committee. Director’s authority. Board—Authority—Duties. Advisory committee—Duties. Immunity. Practice permits—License. Written examination—Minimum requirements. Experience from outside state. Application for licensure—References—Fees. Issuance of license. Renewal—Renewal fee—Penalty fee. Persons exempt from licensure. Prohibited practices—Penalty. Continuing education. Foreign jurisdiction—License without examination. Local health jurisdictions—Certificate of competency—Fee. Account—Budget request. Chapter evaluation—Financial assurance. Uniform regulation of business and professions act. Captions not law—1999 c 263. 18.210.005 Findings—Purpose—Prohibition. (1) In order to safeguard life, health, and property and to promote the public welfare, the legislature finds that it is in the public interest to permit the limited practice of engineering by qualified individuals who are not registered as professional engineers under chapter 18.43 RCW. The increased complexity of on-site wastewater treatment systems, changes in treatment technology, and the need to protect groundwater and watershed areas make it essential that qualified professionals design the systems. Furthermore, the legislature finds that individuals who have been authorized by local health jurisdictions to design on-site wastewater treatment systems have 18.210.005 (2008 Ed.) 18.210.010 performed these designs in the past. However, it is desirable to establish a statewide licensing program to create uniform application of design practices, standards for designs, individual qualifications, and consistent enforcement efforts applicable to all persons who design on-site wastewater treatment systems, including persons licensed to practice as professional engineers under chapter 18.43 RCW. It is further desirable to establish a certification program applicable to all persons who inspect or approve on-site wastewater treatment systems on behalf of a local health jurisdiction. (2) It is unlawful for any individual to practice or offer to practice the design of on-site wastewater treatment systems unless licensed in accordance with this chapter or licensed as a professional engineer under chapter 18.43 RCW. [1999 c 263 § 1.] 18.210.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Advisory committee" means a group of individuals with broad knowledge and experience in the design, construction, and regulation of on-site wastewater treatment systems, appointed under this chapter to offer recommendations to the board and the director on the administration of the program established under this chapter. (2) "Board" means the board of registration for professional engineers and land surveyors as defined in chapter 18.43 RCW. (3) "Designer," "licensee," or "permit holder" means an individual authorized under this chapter to perform design services for on-site wastewater treatment systems. (4) "Director" means the director of the Washington state department of licensing. (5) "Engineer" means a professional engineer licensed under chapter 18.43 RCW. (6) "Practice of engineering" has the meaning set forth in RCW 18.43.020(5). (7) "On-site wastewater treatment system" means an integrated system of components that: Convey, store, treat, and/or provide subsurface soil treatment and disposal of wastewater effluent on the property where it originates or on adjacent or other property and includes piping, treatment devices, other accessories, and soil underlying the disposal component of the initial and reserve areas, for on-site wastewater treatment under three thousand five hundred gallons per day when not connected to a public sewer system. (8) "On-site wastewater design" means the development of plans, details, specifications, instructions, or inspections by application of specialized knowledge in analysis of soils, on-site wastewater treatment systems, disposal methods, and technologies to create an integrated system of collection, transport, distribution, treatment, and disposal of on-site wastewater. (9) "Local health jurisdiction" or "jurisdictional health department" means an administrative agency created under chapter 70.05, 70.08, or 70.46 RCW, that administers the regulation and codes regarding on-site wastewater treatment systems. (10) "Practice permit" means an authorization to practice granted to an individual who designs on-site wastewater 18.210.010 [Title 18 RCW—page 381] 18.210.020 Title 18 RCW: Businesses and Professions treatment systems and who has been authorized by a local health jurisdiction to practice on or before July 1, 2000. (11) "License" means a license to design on-site wastewater treatment systems under this chapter. (12) "Certificate of competency" means a certificate issued to employees of local health jurisdictions indicating that the certificate holder has passed the licensing examination required under this chapter. [1999 c 263 § 2.] 18.210.020 Unprofessional conduct. In addition to the unprofessional conduct described in RCW 18.235.130, the following conduct, acts, and conditions constitute unprofessional conduct: (1) Practicing with a practice permit or license issued under this chapter that is expired, suspended, or revoked; (2) Being willfully untruthful or deceptive in any document, report, statement, testimony, or plan that pertains to the design or construction of an on-site wastewater treatment system; and (3) Submission of a design or as-built record to a local health jurisdiction, to the department of health, or to the department of ecology, that is knowingly based upon false, incorrect, misleading, or fabricated information. [2002 c 86 § 256; 1999 c 263 § 3.] 18.210.020 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.210.030 Support order—License/practice permit suspension. The board shall immediately suspend the license or practice permit of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for a license under this chapter during the suspension, reissuance of the license or certificate shall be automatic upon the department’s receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the child support order. The procedure in RCW 74.20A.320 is the exclusive administrative remedy for contesting the establishment of noncompliance with a child support order, and suspension of a license under this subsection [section], and satisfies the requirements of RCW 34.05.422. [2002 c 86 § 257; 1999 c 263 § 4.] 18.210.030 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.210.040 Advisory committee. (1) There is created an advisory committee, which shall provide recommendations to the board and the director concerning the implementation of this chapter. The advisory committee shall consist of five members who are conversant with and experienced in the design, inspection, construction, and/or maintenance of onsite wastewater treatment systems, and who are otherwise eligible for licensure under this chapter. Each member of the committee must be a resident of the state and must have a minimum of seven years of continuous experience with onsite wastewater treatment systems immediately prior to appointment. 18.210.040 [Title 18 RCW—page 382] (2) The director shall appoint to the committee individuals from across the state, thus utilizing geographic and experiential diversity as much as possible. The terms of the members of the advisory committee shall be a maximum of three years, except that the initial appointees to the committee shall serve the following terms: Two members for two years and three members for three years. No member of the advisory committee is eligible for reappointment to a third consecutive term, but any member is eligible for reappointment after an absence of at least one year from the committee. Any member who is reappointed following an absence of at least one year from the committee is eligible for reappointment to a second consecutive term and is again eligible for reappointment after an absence of at least one year from the committee. (3) Members of the advisory committee shall serve until replaced by a subsequent appointment, but may resign prior to completing the term of appointment. The director may for just cause remove a committee member. The director shall appoint a new member to fill any vacancy on the advisory committee for the remainder of the unexpired term. Members of the advisory committee shall not be compensated, but shall be reimbursed for expenses incurred in accordance with RCW 43.03.050 and 43.03.060. Three members constitutes a quorum. (4) At the request of the advisory committee, the director may appoint temporary additional members to the advisory committee for assistance with rule development, examination development, and technical advice on complaints. Members temporarily appointed must meet the same minimum qualifications as regular members of the advisory committee. Temporary members have all the powers, duties, and immunities of regular members of the advisory committee and shall be reimbursed for expenses incurred in accordance with RCW 43.03.050 and 43.03.060. The director shall limit the term of temporary members to one year, but may for just cause extend the original appointment up to one additional year. [1999 c 263 § 5.] 18.210.050 Director’s authority. The director may: (1) Appoint and reappoint members to the advisory committee, including temporary additional members, and remove committee members for just cause; (2) Employ administrative, clerical, and investigative staff as necessary to administer and enforce this chapter; (3) Establish fees for applications, examinations, and renewals in accordance with chapter 43.24 RCW; (4) Issue practice permits and licenses to applicants who meet the requirements of this chapter; and (5) Exercise rule-making authority to implement this section. [1999 c 263 § 6.] 18.210.050 18.210.060 Board—Authority—Duties. (1) The board may: (a) Adopt rules to implement this chapter including, but not limited to, evaluation of experience, examinations, and scope and standards of practice; (b) Administer licensing examinations; and (c) Review and approve or deny initial and renewal license applications. 18.210.060 (2008 Ed.) On-Site Wastewater Treatment Systems—Designer Licensing (2) The board shall consider recommendations of the advisory committee made in accordance with this chapter. [2002 c 86 § 258; 1999 c 263 § 7.] Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.210.070 Advisory committee—Duties. The advisory committee shall make recommendations to the board regarding: (1) Development and adoption of rules to implement this chapter including, but not limited to, evaluation of experience, examinations, and scope and standards of practice; (2) Development of the material content of examinations for licensure or for a certificate of competency under this chapter; (3) Review of complaints and investigations pertaining to the practice of the design of on-site wastewater treatment systems; and (4) Any other duties deemed necessary by the director or the board. [1999 c 263 § 8.] 18.210.070 18.210.080 Immunity. The director, members of the board, and individuals acting on behalf of the director are immune to liability in any civil action or criminal case based on any acts performed in the course of their duties under this chapter, except for acts displaying intentional or willful misconduct. [1999 c 263 § 9.] 18.210.080 18.210.090 Practice permits—License. (1) On July 1, 2000, any person who is authorized by a local health jurisdiction to prepare on-site wastewater treatment system designs in the state of Washington is eligible for a practice permit under this chapter. On or after July 1, 2000, any individual wishing to obtain a practice permit must make application to the board and pay the fee established by the director. A practice permit enables the permit holder to practice on-site design services only within local health jurisdictions where the permit holder had authorization to practice as of July 1, 2000. (2) A practice permit is renewable annually upon payment of the fee established by the director. All practice permits issued under this chapter expire June 30, 2003. (3) Any person who practices or offers to practice the design of on-site wastewater treatment systems must obtain a license under this chapter by July 1, 2003. A license issued under this chapter enables the licensee to perform design services for on-site wastewater treatment systems in all counties in the state. A person wishing to obtain a license to practice the design of on-site wastewater treatment systems may obtain the license by one of the methods described in this chapter. Beginning on July 1, 2001, the board will accept applications for the license. (4) On July 1, 2000, all programs administered by local health jurisdictions that license or otherwise authorize the practice of on-site wastewater treatment systems designs must discontinue. On or after July 1, 2000, each person practicing on-site design services in the state of Washington must hold a practice permit or a license described in this chapter. 18.210.120 (5) Local health jurisdictions, the department of health, and the department of ecology retain authority: (a) To administer local regulations and codes for approval or disapproval of designs for on-site wastewater treatment systems; (b) to issue permits for construction; (c) to evaluate soils and site conditions for compliance with code requirements; and (d) to perform on-site wastewater treatment design work as authorized in state and local board of health rules. [1999 c 263 § 10.] 18.210.100 18.210.100 Written examination—Minimum requirements. All applicants for licensure under this chapter, except as provided in RCW 18.210.180, must pass a written examination administered by the board and must also meet the following minimum requirements: (1) A high school diploma or equivalent; and (2) A minimum of four years of experience, as approved by the board, showing increased responsibility for the design of on-site wastewater treatment systems. The experience must include, but is not limited to, site soil assessment, hydraulics, topographic delineations, use of specialized treatment processes and devices, microbiology, and construction practices. Completion of two years of college level course work in subjects dealing with, but not limited to, soils, hydraulics, topographic delineations, construction practices, and/or microbiology or completion of a two-year curriculum in on-site treatment systems, technology, and applications, as approved by the board, may be substituted for up to two years of the experience requirement. [1999 c 263 § 11.] 18.210.090 (2008 Ed.) 18.210.110 18.210.110 Experience from outside state. Experience in on-site design, inspection, and/or construction activities acquired outside the state of Washington may satisfy the experience requirements under this chapter. The board shall consider the experience according to the level of complexity of the design work and evidence that the experience shows increased responsibility over designs. The experience may be considered only to the extent that it can be independently verified by the board. [1999 c 263 § 12.] 18.210.120 18.210.120 Application for licensure—References— Fees. (1) Application for licensure must be on forms prescribed by the board and furnished by the director. The application must contain statements, made under oath, demonstrating the applicant’s education and work experience. (2) Applicants shall provide not less than two verifications of experience from licensed professional engineers, onsite wastewater treatment system designers licensed under this chapter, or state/local regulatory officials in the on-site wastewater treatment field who have direct knowledge of the applicant’s qualifications to practice in accordance with this chapter and who verify the applicant’s work experience. (3) The director, as provided in RCW 43.24.086, shall determine an application fee for licensure as an on-site wastewater treatment system designer. A nonrefundable application fee must accompany the application. The director shall ensure that the application fee includes the cost of the examination and the cost issuance of a license and certificate. A candidate who fails an examination may apply for reexami[Title 18 RCW—page 383] 18.210.130 Title 18 RCW: Businesses and Professions nation. The director shall determine the fee for reexamination. [1999 c 263 § 13.] 18.210.130 Issuance of license. (1) The director shall issue a license to any applicant who meets the requirements of this chapter. The issuance of a license by the director is evidence that the person named is entitled to the rights and privileges of a licensed on-site wastewater treatment system designer as long as the license remains valid. (2) Each person licensed under this chapter shall obtain an inking stamp, of a design authorized by the board, that contains the licensee’s name and license number. Plans, specifications, and reports prepared by the registrant must be signed, dated, and stamped. Signature and stamping constitute certification by the licensee that a plan, specification, or report was prepared by or under the direct supervision of a licensee. (3) Those persons who obtain a certificate of competency as provided in chapter 70.118 RCW do not have the privileges granted to a license holder under this chapter and do not have authority to obtain and use a stamp as described in this section. [1999 c 263 § 14.] 18.210.130 not otherwise exempt from the requirements of this chapter, to: (1) Perform on-site wastewater treatment systems design services without a license; (2) purport to be qualified to perform those services without having been issued a standard license under this chapter; (3) attempt to use the license or seal of another; (4) attempt to use a revoked or suspended license; or (5) attempt to use false or fraudulent credentials. In addition, action may be taken under RCW 18.235.150. [2002 c 86 § 259; 1999 c 263 § 17.] Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.210.170 Continuing education. The board shall require licensees and holders of certificates of competency under this chapter to obtain continuing professional development or continuing education. The board may also require these licensees and certificate holders to demonstrate maintenance of knowledge and skills as a condition of license or certificate renewal, including peer review of work products and periodic reexamination. [1999 c 263 § 18.] 18.210.170 18.210.180 Foreign jurisdiction—License without examination. Any person holding a license issued by a jurisdiction outside the state of Washington authorizing that person to perform design services for the construction of on-site wastewater treatment systems may be granted a license without examination under this chapter, if: (1) The education, experience, and/or examination forming the basis of the license is determined by the board to be equal to or greater than the conditions for the issuance of a license under this chapter; and (2) The individual has paid the applicable fee and has submitted the necessary application form. [1999 c 263 § 19.] 18.210.180 18.210.140 Renewal—Renewal fee—Penalty fee. (1) Practice permits and licenses issued under this chapter are valid for one year and may be renewed under the conditions described in this chapter. An expired practice permit or license is invalid and must be renewed before lawful practice can resume. Any permit holder or licensee who fails to pay the renewal fee within ninety days following the date of expiration shall be assessed a penalty fee as determined by the director and must pay the penalty fee and the base renewal fee before the practice permit or license may be returned to a valid status. (2) Any license or practice permit issued under this chapter that is not renewed within two years of its date of expiration must be canceled. Following cancellation, a person seeking to renew must reapply as a new applicant under this chapter. (3) The director, in conformance with RCW 43.24.140, may modify the duration of the license. The director, as provided in RCW 43.24.086, shall determine the fee for applications and for renewals of practice permits and licenses issued under this chapter. [1999 c 263 § 15.] 18.210.140 18.210.150 Persons exempt from licensure. A person engaged in any of the following activities is not required to be licensed in accordance with this chapter: (1) A licensed professional engineer, as provided in chapter 18.43 RCW, if the professional engineer performs the design work in accordance with this chapter and rules adopted under this chapter; or (2) An employee or a subordinate of a person licensed under chapter 18.43 RCW as a professional engineer, or a person licensed under this chapter if the work is performed under the direct supervision of the engineer or licensee and does not include final design decisions. [1999 c 263 § 16.] 18.210.150 18.210.160 Prohibited practices—Penalty. On or after July 1, 2003, it is a gross misdemeanor for any person, 18.210.160 [Title 18 RCW—page 384] 18.210.190 Local health jurisdictions—Certificate of competency—Fee. (1) Employees of local health jurisdictions who review, inspect, or approve the design and construction of on-site wastewater treatment systems shall obtain a certificate of competency by obtaining a passing score on the written examination administered for licensure under this chapter. Eligibility to apply for the certificate of competency is based upon a written request from the local health director or designee and payment of a fee established by the director. Applications for a certificate of competency may not be accepted until on or after July 1, 2000. The certificate of competency is renewable upon payment of a fee established by the director. (2) Issuance of the certificate of competency does not authorize the certificate holder to offer or provide on-site wastewater treatment system design services. However, nothing in this chapter limits or affects the ability of local health jurisdictions to perform on-site design services under their authority in chapter 70.05 RCW. [1999 c 263 § 20.] 18.210.190 18.210.200 Account—Budget request. (1) All fees and fines collected under this chapter shall be paid into the professional engineers’ account established under RCW 18.43.150. Moneys in the account may be spent only after appropriation and must be used to carry out all the purposes 18.210.200 (2008 Ed.) Surgical Technologists 18.215.070 and provisions of this chapter and chapter 18.43 RCW, including the cost of administering this chapter. (2) The director shall biennially prepare a budget request based on the anticipated cost of administering licensing and certification activities. The budget request shall include the estimated income from fees contained in this chapter. [1999 c 263 § 21.] (2) "Secretary" means the secretary of health or the secretary’s designee. (3) "Surgical technologist" means a person, regardless of title, who is supervised in the surgical setting under the delegation of authority of a health care practitioner acting within the scope of his or her license and under the laws of this state. [1999 c 335 § 2.] 18.210.210 Chapter evaluation—Financial assurance. (1) By July 1, 2005, the department of licensing and department of health shall convene a review committee to evaluate the licensing and certification programs established under this chapter. (2) By July 1, 1999, the director shall convene a work group to study the financial assurance of on-site wastewater system practitioners through bonding, insurance, risk pools, or similar methods. The study of financial assurance requirements for on-site wastewater system practitioners shall include consideration of responsibility for the loss of value of structures or property should an installed on-site wastewater treatment system fail or be otherwise inoperable. The work group shall provide recommendations to the director by December 1, 1999, and the director shall forward those recommendations to the governor. [1999 c 263 § 23.] 18.215.020 Registration. No person may represent oneself as a surgical technologist by use of any title or description without being registered by the department under the provisions of this chapter. [1999 c 335 § 3.] 18.210.210 18.210.220 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 260.] 18.210.220 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.210.900 Captions not law—1999 c 263. Captions used in this chapter constitute no part of the law. [1999 c 263 § 24.] 18.210.900 Chapter 18.215 Chapter 18.215 RCW SURGICAL TECHNOLOGISTS Sections 18.215.005 18.215.010 18.215.020 18.215.030 18.215.040 18.215.050 18.215.060 18.215.070 18.215.080 Registration of surgical technologists. Definitions. Registration. Construction—Limitation of chapter. Secretary’s authority. Required applicant information. Registration of applicant—Fee. Renewal of registration—Requirements, fees established by rule. Uniform disciplinary act—Application to chapter. 18.215.005 Registration of surgical technologists. The registration of surgical technologists is in the interest of the public health, safety, and welfare. [1999 c 335 § 1.] 18.215.005 18.215.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Department" means the department of health. 18.215.010 (2008 Ed.) 18.215.020 18.215.030 Construction—Limitation of chapter. Nothing in this chapter may be construed to prohibit or restrict: (1) The practice of an individual licensed, certified, or registered under the laws of this state and performing services within his or her authorized scope of practice; (2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States; (3) The practice by a person who is a regular student in an educational program approved by the secretary, and whose performance of services is pursuant to a regular course of instruction or assignments from an instructor and under the general supervision of the instructor. [1999 c 335 § 4.] 18.215.030 18.215.040 Secretary’s authority. In addition to any other authority provided by law, the secretary has the authority to: (1) Adopt rules under chapter 34.05 RCW as required to implement this chapter; (2) Establish all registration and renewal fees in accordance with RCW 43.70.250; (3) Establish forms and procedures necessary to administer this chapter; (4) Register an applicant or deny registration based upon unprofessional conduct or impairment governed by the uniform disciplinary act, chapter 18.130 RCW; (5) Hire clerical, administrative, investigative, and other staff as needed to implement this chapter; and (6) Maintain the official department record of all applicants and persons with registrations. [1999 c 335 § 5.] 18.215.040 18.215.050 Required applicant information. An applicant shall identify the name and address of the applicant and other information required by the secretary necessary to establish whether there are grounds for denial of a registration or conditional registration under chapter 18.130 RCW. [1999 c 335 § 6.] 18.215.050 18.215.060 Registration of applicant—Fee. The secretary shall register an applicant on forms provided by the secretary. Each applicant shall pay a fee determined by the secretary under RCW 43.70.250. The fee shall accompany the application. [1999 c 335 § 7.] 18.215.060 18.215.070 Renewal of registration—Requirements, fees established by rule. The secretary shall establish by 18.215.070 [Title 18 RCW—page 385] 18.215.080 Title 18 RCW: Businesses and Professions rule the procedural requirements and fees for renewal of registration. Failure to renew shall invalidate the registration and all privileges granted by the registration. [1999 c 335 § 8.] 18.215.080 Uniform disciplinary act—Application to chapter. The uniform disciplinary act, chapter 18.130 RCW, governs unregistered practice, the issuance and denial of registration, and the discipline of persons registered under this chapter. The secretary shall be the disciplining authority under this chapter. [1999 c 335 § 9.] 18.215.080 Chapter 18.220 Chapter 18.220 RCW GEOLOGISTS Sections 18.220.005 18.220.010 18.220.020 18.220.030 18.220.040 18.220.050 18.220.060 18.220.070 18.220.080 18.220.090 18.220.100 18.220.110 18.220.120 18.220.130 18.220.160 18.220.190 18.220.200 18.220.900 18.220.901 Finding. Definitions. License required. Geologist licensing board. Director’s authority. Board’s authority. Requirements for licensure. Application for licensure—Fee. Examinations—Fee. Certificate of licensing—Seal. Licensure or certification without examination—Requirements. License renewal—Fee—Reinstatement. Geologists’ account. Unprofessional conduct. Suspension of license/practice permit—Noncompliance with a child support order. Permitted activities—Certificate of licensing not required. Uniform regulation of business and professions act. Severability—2000 c 253. Effective date—2000 c 253. 18.220.005 Finding. The legislature finds it is in the public interest to regulate the practice of geology to safeguard life, health, and property and to promote the public welfare. [2000 c 253 § 1.] 18.220.005 18.220.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Board" means the geologist licensing board. (2) "Department" means the department of licensing. (3) "Director" means the director of the department of licensing. (4) "Engineering geologist" means a geologist who, by reason of his or her knowledge of engineering geology, acquired by education and practical experience, is qualified to engage in the practice of engineering geology, has met the qualifications in engineering geology established under this chapter, and has been issued a license in engineering geology by the board. (5) "Engineering geology" means a specialty of geology affecting the planning, design, operation, and maintenance of engineering works and other human activities where geological factors and conditions impact the public welfare or the safeguarding of life, health, property, and the environment. (6) "Geologist" means a person who, by reason of his or her knowledge of geology, mathematics, the environment, and the supporting physical and life sciences, acquired by education and practical experience, has met the qualifications 18.220.010 [Title 18 RCW—page 386] established under this chapter, and has been issued a certificate of licensing as a geologist by the board. (7) "Geology" means the science that includes: Treatment of the earth and its origin and history, in general; the investigation of the earth’s constituent rocks, minerals, solids, fluids, including surface and underground waters, gases, and other materials; and the study of the natural agents, forces, and processes that cause changes in the earth. (8) "Hydrogeology" means a science that involves the study of the waters of the earth, including the study of the occurrence, circulation, distribution, chemistry, remediation, or quality of water or its role as a natural agent that causes changes in the earth, and the investigation and collection of data concerning waters in the atmosphere or on the surface or in the interior of the earth, including data regarding the interaction of water with other gases, solids, or fluids. (9) "Licensed specialty geologist" means a licensed geologist who has met the qualifications in a specialty of geology established under this chapter and has been issued a license in that specialty by the board. (10) "Practice of engineering geology" means performance of geological service or work including but not limited to consultation, investigation, evaluation, planning, geological mapping, and inspection of geological work, and the responsible supervision thereof, the performance of which is related to public welfare or the safeguarding of life, health, property, and the environment, except as otherwise specifically provided by this chapter, and includes but is not limited to the commonly recognized geological practices of construction geology, environmental geology, and urban geology. (11) "Practice of geology" means performance of geological service or work including but not limited to collection of geological data, consultation, investigation, evaluation, interpreting, planning, geological mapping, or inspection relating to a service or work that applies to geology, and the responsible supervision thereof, the performance of which is related to public welfare or the safeguarding of life, health, property, and the environment, except as otherwise specifically provided by this chapter. (12) "Practice of geology for others" includes, but is not limited to: (a) The preparation of geologic reports, documents, or exhibits by any commission, board, department, district, or division of the state or any political subdivision thereof or of any county, city, or other public body, or by the employees or staff members of the commission, board, department, district, or division of the state or any political subdivision thereof or of any county, city, or other public body when the reports, documents, or exhibits are disseminated or made available to the public in such a manner that the public may reasonably be expected to rely thereon or be affected thereby; and (b) The performance of geological services by any individual, firm, partnership, corporation, or other association or by the employees or staff members thereof, whether or not the principal business of the organization is the practice of geology, which the geological reports, documents, or exhibits constituting the practice of geology are disseminated or made available to the public or any individual or organization in such a manner that the public or individual or combination of individuals may reasonably be expected to rely thereon or be affected thereby. (2008 Ed.) Geologists However, geological reports, documents, or exhibits that are prepared by the employees or staff members of any individual, firm, partnership, corporation, or other association or commission, board, department, district, or division of the state or any political subdivision thereof or any county, city, or other public body that are for use solely within such organizations are considered in-house reports, documents, or exhibits and are not the practice of geology for others unless or until the reports are disseminated or made available as set forth in (a) or (b) of this subsection. (13) "Practice of hydrogeology" means the performance of or offer to perform any hydrogeologic service or work in which the public welfare or the safeguarding of life, health, environment, or property is concerned or involved. This includes the collection of geological data, and consultation, investigation, evaluation, interpretation, planning, or inspection relating to a service or work that applies hydrogeology. (14) "Responsible charge" means the exercise of fully independent control and direction of geological work or the supervision of such work, and being fully responsible, answerable, accountable, or liable for the results. (15) "Specialty" means a branch of geology that has been recognized under this chapter for the purposes of licensure. Engineering geology is considered to be a specialty of geology. (16) "Subordinate" means any person who assists in the practice of geology by a licensed geologist or an exempt person, without assuming the responsible charge of the work. [2000 c 253 § 3.] 18.220.050 tial appointments, five members of the board must be geologists licensed under this chapter, two of whom shall be licensed in a specialty of geology recognized under this chapter. Insofar as possible, the composition of the appointed geologists serving on the board shall be generally representative of the occupational distribution of geologists licensed under this chapter. One member of the board must be a member of the general public with no family or business connection with the practice of geology. The supervisor of geology of the department of natural resources is an ex officio member of the board. Members of the board shall be appointed for terms of four years. Terms shall be staggered so that not more than two appointments are scheduled to be made in any calendar year. Members shall hold office until the expiration of the terms for which they were appointed and until their successors have been appointed and have qualified. A board member may be removed for just cause. The director may appoint a new member to fill a vacancy on the board for the remainder of the unexpired term. Each board member shall be entitled to compensation for each day spent conducting official business and to reimbursement for travel expenses in accordance with RCW 43.03.240, 43.03.050, and 43.03.060. [2000 c 253 § 4.] 18.220.040 Director’s authority. The director has the following authority in administering this chapter: (1) To adopt fees as provided in RCW 43.24.086; and (2) To administer licensing examinations approved by the board. [2007 c 256 § 5; 2002 c 86 § 261; 2000 c 253 § 5.] 18.220.040 Effective dates—2002 c 86: See note following RCW 18.08.340. 18.220.020 License required. (1) It is unlawful for any person to practice, or offer to practice, geology for others in this state, or to use in connection with his or her name or otherwise assume or advertise any title or description tending to convey the impression that he or she is a licensed geologist, or other licensed specialty geologist title, unless the person has been licensed under the provisions of this chapter. (2) A person shall be construed to practice or offer to practice geology, within the meaning and intent of this chapter, if the person: (a) Practices any branch of the profession of geology; (b) By verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself or herself to be a geologist; (c) Through the use of some other title implies that he or she is a geologist or that he or she is licensed under this chapter; or (d) Holds himself or herself out as able to perform or does perform any geological services or work recognized by the board as the practice of geology for others. [2000 c 253 § 2.] 18.220.020 18.220.030 Geologist licensing board. The state geologist licensing board is created. The board consists of seven members, six of whom shall be appointed by the director, who shall advise the director concerning the administration of this chapter. Of the initial appointments to the board, five shall be actively engaged in the practice of geology for at least ten years, five of which shall have been immediately prior to their appointment to the board. Subsequent to the ini18.220.030 (2008 Ed.) Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. Referral to electorate—2000 c 253 § 5: "The secretary of state shall submit section 5 of this act to the people for their adoption and ratification, or rejection, at the next general election to be held in this state, in accordance with RCW 43.135.090 (section 2, chapter 1, Laws of 2000, Initiative Measure No. 695). The suggested ballot title for this act is: "Shall the state department of licensing be authorized to levy fees on geologists sufficient to pay for their licensure?"" [2000 c 253 § 24.] Reviser’s note: Chapter 1, Laws of 2000 (Initiative Measure No. 695) was declared unconstitutional in its entirety by Amalgamated Transit Union Local 587 et al v. The State of Washington, 142 Wash.2d 183 (2000). Therefore 2000 c 253 § 5 was not referred to the electorate. 18.220.050 Board’s authority. The board has the following authority in administering this chapter: (1) To adopt, amend, and rescind rules as deemed necessary to carry out this chapter; (2) To establish the minimum qualifications for applicants for licensure as provided by this chapter; (3) To approve the method of administration for examinations required by this chapter or by rule. To adopt or recognize examinations prepared by other organizations. To set the time and place of examinations with the approval of the director; (4) To adopt standards of professional conduct and practice. Rules of professional conduct will be consistent with those outlined for engineers and land surveyors; and (5) To designate specialties of geology to be licensed under this chapter. [2007 c 256 § 7; 2002 c 86 § 262; 2000 c 253 § 6.] 18.220.050 Effective dates—2002 c 86: See note following RCW 18.08.340. [Title 18 RCW—page 387] 18.220.060 Title 18 RCW: Businesses and Professions Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.220.060 Requirements for licensure. In order to become a licensed geologist, an applicant must meet the following requirements: (1) The applicant shall be of good moral and ethical character as attested to by letters of reference submitted by the applicant or as otherwise determined by the board; (2) The applicant shall have graduated from a course of study in geology satisfactory to the board or satisfy educational equivalents determined by the board; (3) The applicant shall have a documented record of a minimum of five years of experience in geology or a specialty of geology, obtained subsequent to completion of the academic requirements specified in this section, in geological work of a character satisfactory to the board, demonstrating that the applicant is qualified to assume responsible charge of such work upon licensing as a geologist. The board shall require that three years of the experience be gained under the supervision of a geologist licensed in this or any other state, or under the supervision of others who, in the opinion of the board, are qualified to have responsible charge of geological work; (4) The applicant shall have passed an examination covering the fundamentals and practice of geology prescribed or accepted by the board; (5) The applicant shall meet other general or individual requirements established by the board pursuant to its authority under this chapter; (6) For licensing in any geological specialty recognized under this chapter, an applicant must first be a licensed geologist under this chapter, and then meet the following requirements: (a) In addition to the educational requirements for licensing as a geologist defined in subsection (2) of this section, an applicant for licensing in any specialty of geology established by the board shall have successfully completed advanced study pertinent to their specialty, or equivalent seminars or on-the-job training acceptable to the board; (b) The applicant’s experience shall include a documented record of five years of experience, after completion of the academic requirements specified in this subsection, in geological work in the applicable specialty of a character satisfactory to the board, and demonstrating that the applicant is qualified to assume responsible charge of the specialty work upon licensing in that specialty of geology. The board shall require that three years of the experience be gained under the supervision of a geologist licensed in the specialty in this or any other state, or under the supervision of others who, in the opinion of the board, are qualified to have responsible charge of geological work in the specialty; and (c) The applicant must pass an examination in the applicable specialty prescribed or accepted by the board; (7) The following standards are applicable to experience in the practice of geology or a specialty required under subsections (3) and (6) of this section: (a) Each year of professional practice of a character acceptable to the board, carried out under the direct supervision of a geologist who (i) is licensed in this state or is licensed in another state with licensing standards substan18.220.060 [Title 18 RCW—page 388] tially similar to those under this chapter; or (ii) meets the educational and experience requirements for licensing, but who is not required to be licensed under the limitations of this chapter, qualifies as one year of professional experience in geology; (b) Each year of professional specialty practice of a character acceptable to the board, carried out under the direct supervision of a (i) geologist who is licensed in a specialty under this chapter, or who is licensed as a specialty geologist in another state that has licensing requirements that are substantially similar to this chapter; or (ii) specialty geologist who meets the educational and experience requirements for licensing, but who is not required to be licensed under the limitations of this chapter, qualifies as one year of practice in the applicable specialty of geology; and (c) Experience in professional practice, of a character acceptable to the board and acquired prior to one year after July 1, 2001, qualifies if the experience (i) was acquired under the direct supervision of a geologist who meets the educational and experience requirements for licensing under this chapter, or who is licensed in another state that has licensing requirements that are substantially similar to this chapter; or (ii) would constitute responsible charge of professional geological work, as determined by the board; (8) Each year of full-time graduate study in the geological sciences or in a specialty of geology shall qualify as one year of professional experience in geology or the applicable specialty of geology, up to a maximum of two years. The board may accept geological research, teaching of geology, or a geological specialty at the college or university level as qualifying experience, provided that such research or teaching, in the judgment of the board, is comparable to experience obtained in the practice of geology or a specialty thereof; (9) An applicant who applies for licensing before July 1, 2003, shall be considered to be qualified for licensing, without further written examination, if the applicant possesses the following qualifications: (a)(i) A specific record of graduation with a bachelor of science or bachelor of arts or higher degree, with a major in geology granted by an approved institution of higher education acceptable to the board; or (ii) Graduation from an approved institution of higher education in a four-year academic degree program other than geology, but with the required number of course hours as defined by the board to qualify as a geologist or engineering geologist; and (b) Experience consisting of a minimum of five years of professional practice in geology or a specialty thereof as required under subsections (3) and (7) of this section, of a character acceptable to the board; (10) An applicant who applies for licensing in a specialty within one year after recognition of the specialty under this chapter shall be considered qualified for licensing in that specialty, without further written examination, if the applicant: (a) Is qualified for licensing as a geologist in this state; and (b) Has experience consisting of a minimum five years of professional practice in the applicable specialty of geology as required under subsections (3) and (7) of this section, of a character acceptable to the board; and (2008 Ed.) Geologists (11) The geologists initially appointed to the board under RCW 18.220.030 shall be qualified for licensing under subsections (7) and (8) of this section. [2003 c 292 § 1; 2000 c 253 § 7.] Effective date—2003 c 292: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 14, 2003]." [2003 c 292 § 3.] 18.220.070 18.220.070 Application for licensure—Fee. An application for licensing shall be filed with the director on a form provided by the director and must contain statements made under oath demonstrating the applicant’s education and practical experience. The director may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria for licensing. The application fee for initial licensing shall be determined by the director as provided in RCW 43.24.086. The application, together with the fee, must be submitted to the department prior to the application deadline established by the director. Fees for initial licensing shall include the examination and issuance of a certificate. If the director finds an applicant ineligible for licensing, the fee shall be retained as an application fee. [2000 c 253 § 8.] 18.220.080 18.220.080 Examinations—Fee. Examinations of applicants for licensing, when required, shall be held at such times and places as determined by the board with the director’s approval. The scope of the examination shall be directed to an applicant’s ability to practice geology or any approved specialty of geology in a manner to ensure the safety of life, health, and property. A candidate failing an examination may apply for reexamination. Subsequent examinations will be granted upon payment of a fee to be determined by the director as provided in RCW 43.24.086. [2000 c 253 § 9.] 18.220.090 18.220.090 Certificate of licensing—Seal. The director shall issue a certificate of licensing to any applicant who has satisfactorily met all of the requirements of this chapter for licensing as a geologist or an approved specialty geologist. The certificate shall show the full name of the license holder, shall have a certificate number, and shall be signed by the director and an officer of the board. The issuance by the director of a certificate of licensing to an individual shall be prima facie evidence that the person is entitled to all the rights and privileges of a licensed geologist or specialty geologist while the certificate remains unrevoked or unexpired. Each license holder shall obtain a seal of the design authorized by the director, bearing the licensee’s name, certificate number, and the legend "licensed geologist" together with any specialty in which the individual may be authorized. Geological reports, plans, and other technical documents prepared by or under the responsible charge of the license holder shall be signed, dated, and stamped with the seal or facsimile thereof. Each signature and stamping constitutes a certification by the license holder that the document was prepared by or under his or her responsible charge and that to his or her knowledge and belief the document was prepared in accordance with the requirements of this chapter. [2000 c 253 § 10.] (2008 Ed.) 18.220.160 18.220.100 Licensure or certification without examination—Requirements. The director may, upon application and payment of a fee determined by the director as provided in RCW 43.24.086, issue a license and certificate without further examination as a geologist or specialty geologist to any person who holds a license or certificate of qualification issued by proper authority of any state, territory, or possession of the United States, District of Columbia, or any foreign country, if the applicant’s qualifications, as evaluated by the board, meet the requirements of this chapter and the rules adopted by the director. [2000 c 253 § 11.] 18.220.100 18.220.110 License renewal—Fee—Reinstatement. Licenses issued in conformance with this chapter shall be renewed periodically on a date to be set by the director in conformance with RCW 43.24.140. A license holder who fails to pay the prescribed fee within ninety days following the date of expiration shall pay a renewal fee equal to the current fee plus an amount equal to one year’s renewal fee. Any license that has been expired for five years or more may be reinstated in conformance with rules adopted by the director. Reinstatement conditions may include demonstration of continued practice or competency in the practice of geology or an approved specialty of geology. [2000 c 253 § 12.] 18.220.110 18.220.120 Geologists’ account. (1) All fees and fines collected under the provisions of this chapter shall be paid into the geologists’ account, created in subsection (2) of this section. (2) The geologists’ account is created in the custody of the state treasurer. All receipts from fines and fees collected under this chapter must be deposited into the account. Expenditures from the account may be used only to carry out the duties required for the operation and enforcement of this chapter. Only the director of licensing or the director’s designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. [2000 c 253 § 13.] 18.220.120 18.220.130 Unprofessional conduct. In addition to the unprofessional conduct described in RCW 18.235.130, the following conduct, acts, and conditions constitute unprofessional conduct: (1) Violating any of the provisions of this chapter or the rules adopted under this chapter; (2) Not meeting the qualifications for licensing set forth by this chapter; or (3) Committing any other act, or failing to act, which act or failure are customarily regarded as being contrary to the accepted professional conduct or standard generally expected of those practicing geology. [2007 c 256 § 6; 2002 c 86 § 263; 2000 c 253 § 14.] 18.220.130 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.220.160 Suspension of license/practice permit— Noncompliance with a child support order. The board shall immediately suspend the license or practice permit of a 18.220.160 [Title 18 RCW—page 389] 18.220.190 Title 18 RCW: Businesses and Professions person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for a license under this chapter during the suspension, reissuance of the license shall be automatic upon the board’s receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the child support order. The procedure in RCW 74.20A.320 is the exclusive administrative remedy for contesting the establishment of noncompliance with a child support order, and suspension of a license under this subsection, and satisfies the requirements of RCW 34.05.422. [2000 c 253 § 17.] 18.220.190 Permitted activities—Certificate of licensing not required. The following activities do not require a certificate of licensing under this chapter: (1) Geological work performed by an employee or a subordinate of a geologist or specialty geologist licensed under this chapter, provided that the work does not include responsible charge of geological work as covered by this section, and is performed under the direct supervision of a geologist licensed under this chapter, who shall be and remains responsible for such work; (2) Geological work performed by officers and employees of the United States practicing solely as such officers and employees; (3) Geological work performed exclusively in the exploration for energy and mineral resources, insofar as such work has no substantial impact upon the public health, safety, and welfare as determined by regulations issued by the director; (4) Geological research conducted through academic institutions, agencies of the federal or state governments, nonprofit research institutions, or for-profit organizations, including submission of reports of research to public agencies; (5) Teaching geology or related physical or natural sciences; (6) The practice of engineering or other licensed professions: (a) The acquisition of engineering data involving soil, rock, groundwater, and other earth materials; evaluation of the physical and chemical properties of soil, rock, groundwater, and other earth materials; and the utilization of these data in analysis, design, and construction by professional engineers appropriately registered or licensed in this state; and (b) similar work performed by persons or organizations licensed or registered in any other profession or occupation related to geology, provided that such work is permitted under the applicable licensing or registration law, and is incidental to the practice or the profession or occupation for which licensing or registration is required. Nothing in this section shall be construed to permit the use of the title geologist or engineering geologist, or any other specialty as defined by the director, by an engineer or other licensed professional except as licensed under this chapter; (7) General scientific work customarily performed by such physical or natural scientists as chemists, archaeologists, geographers, hydrologists, oceanographers, pedologists, and soil scientists, providing such work does not include the design and execution of geological investigations, being in responsible charge of geological or specialty geolog18.220.190 [Title 18 RCW—page 390] ical work, or the drawing of geological conclusions and recommendations in a way that affects the public health, safety, or welfare; or (8) The giving of testimony, or preparation and presentation of exhibits or documents for the sole purpose of being placed in evidence before any administrative or judicial tribunal or hearing, providing such testimony, exhibits, or documents do not imply that the person is registered under the provisions of this chapter. [2000 c 253 § 20.] 18.220.200 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 265.] 18.220.200 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 18.220.900 Severability—2000 c 253. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [2000 c 253 § 21.] 18.220.900 18.220.901 Effective date—2000 c 253. (1) Sections 1, 3, 7, 9, 10, 11, 12, 14, 15, 16, 17, 20, and 21 of this act take effect July 1, 2001. (2) Sections 2, 18, and 19 of this act take effect July 1, 2002. (3) Sections 4, 5, 6, 8, and 13 of this act take effect April 1, 2001. [2001 c 61 § 1; 2000 c 253 § 23.] 18.220.901 Effective date—2001 c 61: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 18, 2001]." [2001 c 61 § 2.] Chapter 18.225 Chapter 18.225 RCW MENTAL HEALTH COUNSELORS, MARRIAGE AND FAMILY THERAPISTS, SOCIAL WORKERS Sections 18.225.010 18.225.020 18.225.030 18.225.040 18.225.050 18.225.060 18.225.070 18.225.080 18.225.090 18.225.100 18.225.105 18.225.110 18.225.120 18.225.130 18.225.140 18.225.145 18.225.150 18.225.160 18.225.900 Definitions. Misrepresentation—Licensed by department. Limitation of chapter. Secretary’s authority. Record of proceedings. Washington state mental health counselors, marriage and family therapists, and social workers advisory committee— Established—Composition. Department of health—Advice/assistance of advisory committee. Uniform disciplinary act. Issuance of license—Requirements. Disclosure information. Disclosure of information—Exceptions. Examinations. Application for licensing—Fee. Prior certification under chapter 18.19 RCW. Credentialed in another state—Licensed without examination. Associate licensing—Requirements. Renewal of license, rules—Failure to renew. Limitation of chapter. Severability—2001 c 251. (2008 Ed.) Mental Health Counselors, Marriage and Family Therapists, Social Workers 18.225.010 Definitions. (Effective until July 1, 2009.) Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Advanced social work" means the application of social work theory and methods including emotional and biopsychosocial assessment, psychotherapy under the supervision of a licensed independent clinical social worker, case management, consultation, advocacy, counseling, and community organization. (2) "Applicant" means a person who completes the required application, pays the required fee, is at least eighteen years of age, and meets any background check requirements and uniform disciplinary act requirements. (3) "Committee" means the Washington state mental health counselors, marriage and family therapists, and social workers advisory committee. (4) "Department" means the department of health. (5) "Disciplining authority" means the department. (6) "Independent clinical social work" means the diagnosis and treatment of emotional and mental disorders based on knowledge of human development, the causation and treatment of psychopathology, psychotherapeutic treatment practices, and social work practice as defined in advanced social work. Treatment modalities include but are not limited to diagnosis and treatment of individuals, couples, families, groups, or organizations. (7) "Marriage and family therapy" means the diagnosis and treatment of mental and emotional disorders, whether cognitive, affective, or behavioral, within the context of relationships, including marriage and family systems. Marriage and family therapy involves the professional application of psychotherapeutic and family systems theories and techniques in the delivery of services to individuals, couples, and families for the purpose of treating such diagnosed nervous and mental disorders. The practice of marriage and family therapy means the rendering of professional marriage and family therapy services to individuals, couples, and families, singly or in groups, whether such services are offered directly to the general public or through organizations, either public or private, for a fee, monetary or otherwise. (8) "Mental health counseling" means the application of principles of human development, learning theory, psychotherapy, group dynamics, and etiology of mental illness and dysfunctional behavior to individuals, couples, families, groups, and organizations, for the purpose of treatment of mental disorders and promoting optimal mental health and functionality. Mental health counseling also includes, but is not limited to, the assessment, diagnosis, and treatment of mental and emotional disorders, as well as the application of a wellness model of mental health. (9) "Secretary" means the secretary of health or the secretary’s designee. [2001 c 251 § 1.] 18.225.010 18.225.010 Definitions. (Effective July 1, 2009.) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Advanced social work" means the application of social work theory and methods including emotional and biopsychosocial assessment, psychotherapy under the supervision of a licensed independent clinical social worker, case 18.225.010 (2008 Ed.) 18.225.020 management, consultation, advocacy, counseling, and community organization. (2) "Applicant" means a person who completes the required application, pays the required fee, is at least eighteen years of age, and meets any background check requirements and uniform disciplinary act requirements. (3) "Associate" means a prelicensure candidate who has a graduate degree in a mental health field under RCW 18.225.090 and is gaining the supervision and supervised experience necessary to become a licensed independent clinical social worker, a licensed advanced social worker, a licensed mental health counselor, or a licensed marriage and family therapist. (4) "Committee" means the Washington state mental health counselors, marriage and family therapists, and social workers advisory committee. (5) "Department" means the department of health. (6) "Disciplining authority" means the department. (7) "Independent clinical social work" means the diagnosis and treatment of emotional and mental disorders based on knowledge of human development, the causation and treatment of psychopathology, psychotherapeutic treatment practices, and social work practice as defined in advanced social work. Treatment modalities include but are not limited to diagnosis and treatment of individuals, couples, families, groups, or organizations. (8) "Marriage and family therapy" means the diagnosis and treatment of mental and emotional disorders, whether cognitive, affective, or behavioral, within the context of relationships, including marriage and family systems. Marriage and family therapy involves the professional application of psychotherapeutic and family systems theories and techniques in the delivery of services to individuals, couples, and families for the purpose of treating such diagnosed nervous and mental disorders. The practice of marriage and family therapy means the rendering of professional marriage and family therapy services to individuals, couples, and families, singly or in groups, whether such services are offered directly to the general public or through organizations, either public or private, for a fee, monetary or otherwise. (9) "Mental health counseling" means the application of principles of human development, learning theory, psychotherapy, group dynamics, and etiology of mental illness and dysfunctional behavior to individuals, couples, families, groups, and organizations, for the purpose of treatment of mental disorders and promoting optimal mental health and functionality. Mental health counseling also includes, but is not limited to, the assessment, diagnosis, and treatment of mental and emotional disorders, as well as the application of a wellness model of mental health. (10) "Secretary" means the secretary of health or the secretary’s designee. [2008 c 135 § 11; 2001 c 251 § 1.] Effective date—2008 c 135 §§ 1, 2, 7-9, and 11-19: See note following RCW 18.19.020. 18.225.020 Misrepresentation—Licensed by department. (Effective until July 1, 2009.) A person must not represent himself or herself as a licensed advanced social worker, licensed independent clinical social worker, licensed mental health counselor, or licensed marriage and family 18.225.020 [Title 18 RCW—page 391] 18.225.020 Title 18 RCW: Businesses and Professions therapist, without being licensed by the department. [2001 c 251 § 2.] 18.225.020 Misrepresentation—Licensed by department. (Effective July 1, 2009.) A person must not represent himself or herself as a licensed advanced social worker, a licensed independent clinical social worker, a licensed mental health counselor, a licensed marriage and family therapist, a licensed social work associate—advanced, a licensed social work associate—independent clinical, a licensed mental health counselor associate, or a licensed marriage and family therapist associate, without being licensed by the department. [2008 c 135 § 12; 2001 c 251 § 2.] 18.225.020 Effective date—2008 c 135 §§ 1, 2, 7-9, and 11-19: See note following RCW 18.19.020. 18.225.030 Limitation of chapter. Nothing in this chapter shall be construed to prohibit or restrict: (1) The practice of marriage and family therapy, mental health counseling, or social work by an individual otherwise regulated under this title and performing services within the authorized scope of practice; (2) The practice of marriage and family therapy, mental health counseling, or social work by an individual employed by the government of the United States or state of Washington while engaged in the performance of duties prescribed by the laws of the United States or state of Washington; (3) The practice of marriage and family therapy, mental health counseling, or social work by a person who is a regular student in an educational program based on recognized national standards and approved by the secretary, and whose performance of services is pursuant to a regular course of instruction or assignments from an instructor and under the general supervision of the instructor; (4) The practice of marriage and family therapy, mental health counseling, or social work under the auspices of a religious denomination, church, or religious organization. [2001 c 251 § 3.] 18.225.030 18.225.040 Secretary’s authority. In addition to any other authority provided by law, the secretary has the authority to: (1) Adopt rules under chapter 34.05 RCW necessary to implement this chapter. Any rules adopted shall be in consultation with the committee; (2) Establish all licensing, examination, and renewal fees in accordance with RCW 43.70.250; (3) Establish forms and procedures necessary to administer this chapter; (4) Issue licenses to applicants who have met the education, training, and examination requirements for licensure and to deny a license to applicants who do not meet the requirements; (5) Hire clerical, administrative, investigative, and other staff as needed to implement this chapter, and hire individuals licensed under this chapter to serve as examiners for any practical examinations; (6) Administer and supervise the grading and taking of examinations for applicants for licensure; 18.225.040 [Title 18 RCW—page 392] (7) Determine which states have credentialing requirements substantially equivalent to those of this state, and issue licenses to individuals credentialed in those states without examinations; (8) Implement and administer a program for consumer education in consultation with the committee; (9) Adopt rules implementing a continuing education program in consultation with the committee; (10) Maintain the official record of all applicants and licensees; and (11) Establish by rule the procedures for an appeal of an examination failure. [2001 c 251 § 4.] 18.225.050 Record of proceedings. The secretary shall keep an official record of all proceedings. A part of the record shall consist of a register of all applicants for licensing under this chapter and the results of each application. [2001 c 251 § 5.] 18.225.050 18.225.060 Washington state mental health counselors, marriage and family therapists, and social workers advisory committee—Established—Composition. The Washington state mental health counselors, marriage and family therapists, and social workers advisory committee is established. (1) The committee shall be comprised of nine members. Two members shall be licensed mental health counselors. Two members shall be licensed marriage and family therapists. One member shall be a licensed independent clinical social worker, and one member shall be a licensed advanced social worker. Three members must be consumers and represent the public at large and may not be licensed mental health care providers. (2) Three members shall be appointed for a term of one year, three members shall be appointed for a term of two years, and three members shall be appointed for a term of three years. Subsequent members shall be appointed for terms of three years. A person must not serve as a member for more than two consecutive terms. (3)(a) Each member must be a resident of the state of Washington. (b) Each member must not hold an office in a professional association for mental health, social work, or marriage and family therapy and must not be employed by the state of Washington. (c) Each professional member must have been actively engaged as a mental health counselor, marriage and family therapist, or social worker for five years immediately preceding appointment. (d) The consumer members must represent the general public and be unaffiliated directly or indirectly with the professions licensed under this chapter. (4) The secretary shall appoint the committee members. (5) Committee members are immune from suit in an action, civil or criminal, based on the department’s disciplinary proceedings or other official acts performed in good faith. (6) Committee members shall be compensated in accordance with RCW 43.03.240, including travel expenses in carrying out his or her authorized duties in accordance with RCW 43.03.050 and 43.03.060. 18.225.060 (2008 Ed.) Mental Health Counselors, Marriage and Family Therapists, Social Workers (7) The committee shall elect a chair and vice-chair. [2001 c 251 § 6.] 18.225.070 Department of health—Advice/assistance of advisory committee. The department of health may seek the advice and assistance of the advisory committee in administering this chapter, including, but not limited to: (1) Advice and recommendations regarding the establishment or implementation of rules related to the administration of this chapter; (2) Advice, recommendations, and consultation regarding case disposition guidelines and priorities related to unprofessional conduct cases regarding licensed mental health counselors, licensed clinical social workers, licensed advanced social workers, and licensed marriage and family therapists; (3) Assistance and consultation of individual committee members as needed in the review, analysis, and disposition of reports of unprofessional conduct and consumer complaints; (4) Assistance and recommendations to enhance consumer education; and (5) Assistance and recommendations regarding any continuing education and continuing competency programs administered under the provisions of the [this] chapter. [2001 c 251 § 7.] 18.225.070 18.225.080 Uniform disciplinary act. The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licensure, and the discipline of persons licensed under this chapter. The secretary shall be the disciplinary authority under this chapter. [2001 c 251 § 8.] 18.225.080 18.225.090 Issuance of license—Requirements. (1) The secretary shall issue a license to any applicant who demonstrates to the satisfaction of the secretary that the applicant meets the following education and experience requirements for the applicant’s practice area. (a) Licensed social work classifications: (i) Licensed advanced social worker: (A) Graduation from a master’s or doctorate social work educational program accredited by the council on social work education and approved by the secretary based upon nationally recognized standards; (B) Successful completion of an approved examination; (C) Successful completion of a supervised experience requirement. The supervised experience requirement consists of a minimum of three thousand two hundred hours with supervision by an approved supervisor who has been licensed for at least two years. Of those supervised hours: (I) At least ninety hours must include direct supervision as specified in this subsection by a licensed independent clinical social worker, a licensed advanced social worker, or an equally qualified licensed mental health professional. Of those hours of directly supervised experience: (1) At least fifty hours must include supervision by a licensed advanced social worker or licensed independent clinical social worker; the other forty hours may be supervised by an equally qualified licensed mental health practitioner; and 18.225.090 (2008 Ed.) 18.225.090 (2) At least forty hours must be in one-to-one supervision and fifty hours may be in one-to-one supervision or group supervision; (II) Distance supervision is limited to forty supervision hours; and (III) Eight hundred hours must be in direct client contact; and (D) Successful completion of continuing education requirements of thirty-six hours, with six in professional ethics. (ii) Licensed independent clinical social worker: (A) Graduation from a master’s or doctorate level social work educational program accredited by the council on social work education and approved by the secretary based upon nationally recognized standards; (B) Successful completion of an approved examination; (C) Successful completion of a supervised experience requirement. The supervised experience requirement consists of a minimum of four thousand hours of experience, over a three-year period, with supervision by an approved supervisor who has been licensed for at least two years and, as specified in this subsection, may be either a licensed independent clinical social worker who has had at least one year of experience in supervising the clinical social work of others or an equally qualified licensed mental health practitioner. Of those supervised hours: (I) At least one thousand hours must be direct client contact; (II) Hours of direct supervision must include: (1) At least one hundred thirty hours by a licensed mental health practitioner; (2) At least seventy hours of supervision with a licensed independent clinical social worker meeting the qualifications under this subsection (1)(a)(ii)(C); the other sixty hours may be supervised by an equally qualified licensed mental health practitioner; and (3) At least sixty hours must be in one-to-one supervision and seventy hours may be in one-to-one supervision or group supervision; and (III) Distance supervision is limited to sixty supervision hours; and (D) Successful completion of continuing education requirements of thirty-six hours, with six in professional ethics. (b) Licensed mental health counselor: (i) Graduation from a master’s or doctoral level educational program in mental health counseling or a related discipline from a college or university approved by the secretary based upon nationally recognized standards; (ii) Successful completion of an approved examination; (iii) Successful completion of a supervised experience requirement. The experience requirement consists of a minimum of thirty-six months full-time counseling or three thousand hours of postgraduate mental health counseling under the supervision of a qualified licensed mental health counselor or equally qualified licensed mental health practitioner, in an approved setting. The three thousand hours of required experience includes a minimum of one hundred hours spent in immediate supervision with the qualified licensed mental health counselor, and includes a minimum of one thousand [Title 18 RCW—page 393] 18.225.100 Title 18 RCW: Businesses and Professions two hundred hours of direct counseling with individuals, couples, families, or groups; and (iv) Successful completion of continuing education requirements of thirty-six hours, with six in professional ethics. (c) Licensed marriage and family therapist: (i) Graduation from a master’s degree or doctoral degree educational program in marriage and family therapy or graduation from an educational program in an allied field equivalent to a master’s degree or doctoral degree in marriage and family therapy approved by the secretary based upon nationally recognized standards; (ii) Successful passage of an approved examination; (iii) Successful completion of a supervised experience requirement. The experience requirement consists of a minimum of two calendar years of full-time marriage and family therapy. Of the total supervision, one hundred hours must be with a licensed marriage and family therapist with at least five years’ clinical experience; the other one hundred hours may be with an equally qualified licensed mental health practitioner. Total experience requirements include: (A) A minimum of three thousand hours of experience, one thousand hours of which must be direct client contact; at least five hundred hours must be gained in diagnosing and treating couples and families; plus (B) At least two hundred hours of qualified supervision with a supervisor. At least one hundred of the two hundred hours must be one-on-one supervision, and the remaining hours may be in one-on-one or group supervision. Applicants who have completed a master’s program accredited by the commission on accreditation for marriage and family therapy education of the American association for marriage and family therapy may be credited with five hundred hours of direct client contact and one hundred hours of formal meetings with an approved supervisor; and (iv) Successful completion of continuing education requirements of thirty-six hours, with six in professional ethics. (2) The department shall establish by rule what constitutes adequate proof of meeting the criteria. (3) In addition, applicants shall be subject to the grounds for denial of a license or issuance of a conditional license under chapter 18.130 RCW. [2008 c 141 § 1; 2006 c 69 § 1; 2003 c 108 § 1; 2001 c 251 § 9.] Retroactive application—2008 c 141: "This act is remedial and curative in nature and applies retroactively to July 22, 2003." [2008 c 141 § 2.] 18.225.100 Disclosure information. A person licensed under this chapter must provide clients at the commencement of any program of treatment with accurate disclosure information concerning the practice, in accordance with rules adopted by the department, including the right of clients to refuse treatment, the responsibility of clients to choose the provider and treatment modality which best suits their needs, and the extent of confidentiality provided by this chapter. The disclosure information must also include the license holder’s professional education and training, the therapeutic orientation of the practice, the proposed course of treatment where known, financial requirements, and such other information as required by rule. The disclosure must be acknowledged in writing by the client and license holder. [2001 c 251 § 10.] 18.225.100 [Title 18 RCW—page 394] 18.225.105 Disclosure of information—Exceptions. A person licensed under this chapter shall not disclose the written acknowledgment of the disclosure statement pursuant to RCW 18.225.100, nor any information acquired from persons consulting the individual in a professional capacity when the information was necessary to enable the individual to render professional services to those persons except: (1) With the written authorization of that person or, in the case of death or disability, the person’s personal representative; (2) If the person waives the privilege by bringing charges against the person licensed under this chapter; (3) In response to a subpoena from the secretary. The secretary may subpoena only records related to a complaint or report under RCW 18.130.050; (4) As required under chapter 26.44 or 74.34 RCW or RCW 71.05.360 (8) and (9); or (5) To any individual if the person licensed under this chapter reasonably believes that disclosure will avoid or minimize an imminent danger to the health or safety of the individual or any other individual; however, there is no obligation on the part of the provider to so disclose. [2005 c 504 § 707; 2003 c 204 § 1.] 18.225.105 Findings—Intent—Severability—Application—Construction— Captions, part headings, subheadings not law—Adoption of rules— Effective dates—2005 c 504: See notes following RCW 71.05.027. Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020. Licensees under chapter 18.225 RCW—Subject to chapter 70.02 RCW: RCW 70.02.180. 18.225.110 Examinations. (1) The date and location of examinations shall be established by the secretary. Applicants who have been found by the secretary to meet the other requirements for licensure shall be scheduled for the next examination following the filing of the application. The secretary shall establish by rule the examination application deadline. (2) The secretary or the secretary’s designees shall examine each applicant, by means determined most effective, on subjects appropriate to the scope of practice, as applicable. Such examinations shall be limited to the purpose of determining whether the applicant possesses the minimum skill and knowledge necessary to practice competently. (3) The examination papers, all grading of the papers, and the grading of any practical work shall be preserved for a period of not less than one year after the secretary has made and published the decisions. All examinations shall be conducted under fair and wholly impartial methods. (4) The secretary may approve an examination prepared or administered by a private testing agency or association of licensing agencies for use by an applicant in meeting the licensing requirements. [2001 c 251 § 11.] 18.225.110 18.225.120 Application for licensing—Fee. Applications for licensing shall be submitted on forms provided by the secretary. The secretary may require any information and documentation which reasonably relates to the need to determine whether the applicant meets the criteria for licensing provided for in this chapter and chapter 18.130 RCW. Each applicant shall pay a fee determined by the secretary under 18.225.120 (2008 Ed.) Recreation Therapy Chapter 18.230 RCW 43.70.250. The fee shall accompany the application. [2001 c 251 § 12.] Effective date—2008 c 135 §§ 1, 2, 7-9, and 11-19: See note following RCW 18.19.020. 18.225.130 Prior certification under chapter 18.19 RCW. Any person certified under chapter 18.19 RCW who has met the applicable experience and education requirements under chapter 18.19 RCW prior to July 22, 2001, is eligible for a license as an advanced social worker, an independent clinical social worker, a marriage and family therapist, or a mental health counselor under this chapter without taking the examination. [2001 c 251 § 13.] 18.225.150 Renewal of license, rules—Failure to renew. (Effective until July 1, 2009.) The secretary shall establish by rule the procedural requirements and fees for renewal of a license. Failure to renew shall invalidate the license and all privileges granted by the license. If a license has lapsed for a period longer than three years, the person shall demonstrate competence to the satisfaction of the secretary by taking continuing education courses, or meeting other standards determined by the secretary. [2001 c 251 § 15.] 18.225.150 18.225.130 18.225.140 Credentialed in another state—Licensed without examination. An applicant holding a credential in another state may be licensed to practice in this state without examination if the secretary determines that the other state’s credentialing standards are substantially equivalent to the licensing standards in this state. [2001 c 251 § 14.] 18.225.140 18.225.145 Associate licensing—Requirements. (Effective July 1, 2009.) (1) The secretary shall issue an associate license to any applicant who demonstrates to the satisfaction of the secretary that the applicant meets the following requirements for the applicant’s practice area and submits a declaration that the applicant is working toward full licensure in that category: (a) Licensed social worker associate—advanced or licensed social worker associate—independent clinical: Graduation from a master’s degree or doctoral degree educational program in social work accredited by the council on social work education and approved by the secretary based upon nationally recognized standards. (b) Licensed mental health counselor associate: Graduation from a master’s degree or doctoral degree educational program in mental health counseling or a related discipline from a college or university approved by the secretary based upon nationally recognized standards. (c) Licensed marriage and family therapist associate: Graduation from a master’s degree or doctoral degree educational program in marriage and family therapy or graduation from an educational program in an allied field equivalent to a master’s degree or doctoral degree in marriage and family therapy approved by the secretary based upon nationally recognized standards. (2) Associates may not provide independent social work, mental health counseling, or marriage and family therapy for a fee, monetary or otherwise. Associates must work under the supervision of an approved supervisor. (3) Associates shall provide each client or patient, during the first professional contact, with a disclosure form according to RCW 18.225.100, disclosing that he or she is an associate under the supervision of an approved supervisor. (4) The department shall adopt by rule what constitutes adequate proof of compliance with the requirements of this section. (5) Applicants are subject to the denial of a license or issuance of a conditional license for the reasons set forth in chapter 18.130 RCW. (6) An associate license may be renewed no more than four times. [2008 c 135 § 13.] 18.225.145 (2008 Ed.) 18.225.150 Renewal of license or associate license, rules—Failure to renew. (Effective July 1, 2009.) The secretary shall establish by rule the procedural requirements and fees for renewal of a license or associate license. Failure to renew shall invalidate the license or associate license and all privileges granted by the license. If an associate license has lapsed, the person shall submit an updated declaration, in accordance with rules adopted by the department, that the person is working toward full licensure. If a license has lapsed for a period longer than three years, the person shall demonstrate competence to the satisfaction of the secretary by taking continuing education courses, or meeting other standards determined by the secretary. If an associate license has lapsed, the person shall submit an updated declaration, in accordance with rules adopted by the department, that the person is working toward full licensure. [2008 c 135 § 14; 2001 c 251 § 15.] 18.225.150 Effective date—2008 c 135 §§ 1, 2, 7-9, and 11-19: See note following RCW 18.19.020. 18.225.160 Limitation of chapter. This chapter shall not be construed as permitting the administration or prescription of drugs or in any way infringing upon the practice of medicine and surgery as defined in chapter 18.71 or 18.57 RCW, or in any way infringing upon the practice of psychology as defined in chapter 18.83 RCW, or restricting the scope of the practice of counseling for those registered under chapter 18.19 RCW, or restricting the scope of practice of persons licensed under this chapter. [2001 c 251 § 16.] 18.225.160 18.225.900 Severability—2001 c 251. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [2001 c 251 § 35.] 18.225.900 Chapter 18.230 Chapter 18.230 RCW RECREATION THERAPY Sections 18.230.005 18.230.010 18.230.020 18.230.030 18.230.040 18.230.050 18.230.060 18.230.070 18.230.080 18.230.090 Finding. Definitions. Use of title—Registration required. Limitation of chapter. Secretary’s authority. Official record. Registration—Grounds for denial. Registration—Required information—Fee. Renewal of registration. Uniform disciplinary act—Application to chapter. [Title 18 RCW—page 395] 18.230.005 18.230.900 18.230.901 Title 18 RCW: Businesses and Professions Severability—2002 c 216. Effective date—2002 c 216. 18.230.005 Finding. The overriding mission of therapeutic recreation is the provision of purposeful intervention designed to help clients grow and to assist them to prevent or relieve problems through recreation and leisure. It is a systematic methodology through a progression of phases, including assessment, planning, implementation, and evaluation. It is not a limited or restricted concept of service carried out only within the constraints of institutional care, but is a client-centered model that reflects a concern for the total well-being of the client. Recreation therapy is cost-effective and can decrease the costs of health care services by reducing primary and secondary disabilities. In anticipation of the expansion in long-term care, physical and psychiatric rehabilitation, and services for people with disabilities, the legislature finds and declares that the registration of recreational therapists is in the interest of the public health and safety. [2002 c 216 § 1.] 18.230.005 18.230.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Department" means the department of health. (2) "Recreation therapy" means the use of recreational, and/or community activities to include leisure counseling and community integration as treatment intervention to improve functional leisure and community competence of persons with a physical, cognitive, emotional, behavioral, or social disability. The primary purpose of recreation therapy is the use of leisure and community integration activities to restore, remediate, or rehabilitate persons in order to improve functioning and independence, as well as reduce or eliminate the effects of illness or disability. (3) "Recreational therapist" means a person registered under this chapter. (4) "Registration" means the registration issued to a person under this chapter. (5) "Secretary" means the secretary of health or the secretary’s designee. [2002 c 216 § 2.] 18.230.040 Secretary’s authority. In addition to any other authority provided by law, the secretary has the authority to: (1) Adopt rules under chapter 34.05 RCW necessary to implement this chapter; (2) Establish all registration and renewal fees in accordance with RCW 43.70.250; (3) Establish forms and procedures necessary to administer this chapter; (4) Register any applicants who have met the requirements for registration and to deny registration to applicants who do not meet the requirements of this chapter, except that proceedings concerning the denial of registration based upon unprofessional conduct or impairment is governed by the uniform disciplinary act, chapter 18.130 RCW; (5) Hire clerical, administrative, investigative, and other staff as needed to implement this chapter; and (6) Maintain the official department record of all applicants and persons registered under this chapter. [2002 c 216 § 5.] 18.230.040 18.230.010 18.230.020 Use of title—Registration required. No person may practice or represent oneself as a registered recreational therapist by use of any title without being registered to practice by the department of health, unless otherwise exempted by this chapter. [2002 c 216 § 3.] 18.230.020 18.230.030 Limitation of chapter. Nothing in this chapter may be construed to prohibit or restrict: (1) The practice by an individual licensed, certified, or registered under the laws of this state and performing services within the authorized scope of practice; (2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States; (3) The practice by a person who is a regular student in an educational program approved by the secretary, and whose performance of services is pursuant to a regular course of instruction or assignments from an instructor and under the general supervision of the instructor. [2002 c 216 § 4.] 18.230.050 Official record. The secretary must keep an official record of all proceedings. A part of the record shall consist of a register of all applicants for registration under this chapter and the results of each application. [2002 c 216 § 6.] 18.230.050 18.230.060 Registration—Grounds for denial. (1) Applicants for registration under this chapter are subject to the grounds for denial of a registration under chapter 18.130 RCW. (2) The secretary must issue a registration to an applicant who completes an application form that identifies the name and address of the applicant, the registration requested, and information required by the secretary necessary to establish whether there are grounds for denial of a registration. [2002 c 216 § 7.] 18.230.060 18.230.070 Registration—Required information— Fee. Applications for registration must be submitted on forms provided by the secretary. The secretary may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria for registration provided for in this chapter and chapter 18.130 RCW. Each applicant must pay a fee determined by the secretary under RCW 43.70.250. The fee must accompany the application. [2002 c 216 § 8.] 18.230.070 18.230.030 [Title 18 RCW—page 396] 18.230.080 Renewal of registration. The secretary must establish by rule the procedural requirements and fees for renewal of a registration. Failure to renew invalidates the registration and all privileges granted by the registration. [2002 c 216 § 9.] 18.230.080 18.230.090 Uniform disciplinary act—Application to chapter. The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of a registration, unauthorized practice, and the discipline of persons registered under this chapter. The secretary is the disciplining authority under this chapter. [2002 c 216 § 10.] 18.230.090 (2008 Ed.) Uniform Regulation of Business and Professions Act 18.230.900 Severability—2002 c 216. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [2002 c 216 § 12.] 18.230.900 18.230.901 Effective date—2002 c 216. This act takes effect July 1, 2003. [2002 c 216 § 14.] 18.230.901 Chapter 18.235 RCW UNIFORM REGULATION OF BUSINESS AND PROFESSIONS ACT Chapter 18.235 Sections 18.235.005 18.235.010 18.235.020 18.235.030 18.235.040 18.235.050 18.235.060 18.235.070 18.235.080 18.235.090 18.235.100 18.235.110 18.235.120 18.235.130 18.235.140 18.235.150 18.235.160 18.235.170 18.235.180 18.235.190 18.235.200 18.235.210 18.235.900 18.235.901 18.235.902 18.235.903 Intent. Definitions. Application of chapter—Director’s authority—Disciplinary authority. Disciplinary authority—Powers. Director’s authority. Statement of charges—Hearing. Procedures governing adjudicative proceedings. Previous denial, revocation, or suspension of license. Orders. Appeal. Reinstatement. Unprofessional conduct—Finding. Payment of a fine. Unprofessional conduct—Acts or conditions that constitute. Final order issued under RCW 18.235.130—Failure to comply. Investigation of complaint—Cease and desist order/notice of intent to issue—Final determination—Fine—Temporary cease and desist order—Action/who may maintain—Remedies not limited. Violation of injunction—Contempt of court—Civil penalty. Misrepresentation—Gross misdemeanor. Crime or violation by license holder—Disciplinary authority may give notification. Immunity from suit. Use of records—Exchange of information—Chapter does not affect or limit. Application of chapter—January 1, 2003. Short title. Effective date—2002 c 86 §§ 101-123. Part headings not law—2002 c 86. Severability—2002 c 86. 18.235.005 Intent. It is the intent of the legislature to consolidate disciplinary procedures for the licensed businesses and professions under the department of licensing by providing a uniform disciplinary act with standardized procedures for the regulation of businesses and professions and the enforcement of laws, the purpose of which is to assure the public of the adequacy of business and professional competence and conduct. It is also the intent of the legislature that all businesses and professions newly credentialed by the state and regulated by the department of licensing come under this chapter. [2007 c 256 § 10; 2002 c 86 § 101.] 18.235.005 18.235.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Board" means those boards specified in RCW 18.235.020(2)(b). (2) "Department" means the department of licensing. (3) "Director" means the director of the department or director’s designee. 18.235.010 (2008 Ed.) 18.235.020 (4) "Disciplinary action" means sanctions identified in RCW 18.235.110. (5) "Disciplinary authority" means the director, board, or commission having the authority to take disciplinary action against a holder of, or applicant for, a professional or business license upon a finding of a violation of this chapter or a chapter specified under RCW 18.235.020. (6) "License," "licensing," and "licensure" are deemed equivalent to the terms "license," "licensing," "licensure," "certificate," "certification," and "registration" as those terms are defined in RCW 18.118.020. Each of these terms, and the term "appointment" under chapter 42.44 RCW, are interchangeable under the provisions of this chapter. (7) "Unlicensed practice" means: (a) Practicing a profession or operating a business identified in RCW 18.235.020 without holding a valid, unexpired, unrevoked, and unsuspended license to do so; or (b) Representing to a person, through offerings, advertisements, or use of a professional title or designation, that the individual or business is qualified to practice a profession or operate a business identified in RCW 18.235.020 without holding a valid, unexpired, unrevoked, and unsuspended license to do so. [2007 c 256 § 11; 2002 c 86 § 102.] 18.235.020 Application of chapter—Director’s authority—Disciplinary authority. (1) This chapter applies only to the director and the boards and commissions having jurisdiction in relation to the businesses and professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section. (2)(a) The director has authority under this chapter in relation to the following businesses and professions: (i) Auctioneers under chapter 18.11 RCW; (ii) Bail bond agents and bail bond recovery agents under chapter 18.185 RCW; (iii) Camping resorts’ operators and salespersons under chapter 19.105 RCW; (iv) Commercial telephone solicitors under chapter 19.158 RCW; (v) Cosmetologists, barbers, manicurists, and estheticians under chapter 18.16 RCW; (vi) Court reporters under chapter 18.145 RCW; (vii) Driver training schools and instructors under chapter 46.82 RCW; (viii) Employment agencies under chapter 19.31 RCW; (ix) For hire vehicle operators under chapter 46.72 RCW; (x) Limousines under chapter 46.72A RCW; (xi) Notaries public under chapter 42.44 RCW; (xii) Private investigators under chapter 18.165 RCW; (xiii) Professional boxing, martial arts, and wrestling under chapter 67.08 RCW; (xiv) Real estate appraisers under chapter 18.140 RCW; (xv) Real estate brokers and salespersons under chapters 18.85 and 18.86 RCW; (xvi) Security guards under chapter 18.170 RCW; (xvii) Sellers of travel under chapter 19.138 RCW; (xviii) Timeshares and timeshare salespersons under chapter 64.36 RCW; 18.235.020 [Title 18 RCW—page 397] 18.235.030 Title 18 RCW: Businesses and Professions (xix) Whitewater river outfitters under chapter 79A.60 RCW; and (xx) Home inspectors under chapter 18.280 RCW. (b) The boards and commissions having authority under this chapter are as follows: (i) The state board of registration for architects established in chapter 18.08 RCW; (ii) The cemetery board established in chapter 68.05 RCW; (iii) The Washington state collection agency board established in chapter 19.16 RCW; (iv) The state board of registration for professional engineers and land surveyors established in chapter 18.43 RCW governing licenses issued under chapters 18.43 and 18.210 RCW; (v) The state board of funeral directors and embalmers established in chapter 18.39 RCW; (vi) The state board of registration for landscape architects established in chapter 18.96 RCW; and (vii) The state geologist licensing board established in chapter 18.220 RCW. (3) In addition to the authority to discipline license holders, the disciplinary authority may grant or deny licenses based on the conditions and criteria established in this chapter and the chapters specified in subsection (2) of this section. This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant’s compliance with an order entered under RCW 18.235.110 by the disciplinary authority. [2008 c 119 § 21; 2007 c 256 § 12; 2006 c 219 § 13; 2002 c 86 § 103.] Effective date—2006 c 219: See note following RCW 46.82.285. 18.235.030 Disciplinary authority—Powers. The disciplinary authority has the power to: (1) Adopt, amend, and rescind rules as necessary to carry out the purposes of this chapter, including, but not limited to, rules regarding standards of professional conduct and practice; (2) Investigate complaints or reports of unprofessional conduct and hold hearings as provided in this chapter; (3) Issue subpoenas and administer oaths in connection with any investigation, hearing, or proceeding held under this chapter; (4) Take or cause depositions to be taken and use other discovery procedures as needed in an investigation, hearing, or proceeding held under this chapter; (5) Compel attendance of witnesses at hearings; (6) Conduct practice reviews in the course of investigating a complaint or report of unprofessional conduct, unless the disciplinary authority is authorized to audit or inspect applicants or licensees under the chapters specified in RCW 18.235.020; (7) Take emergency action ordering summary suspension of a license, or restriction or limitation of the licensee’s practice or business pending proceedings by the disciplinary authority; (8) Appoint a presiding officer or authorize the office of administrative hearings, as provided in chapter 34.12 RCW, to conduct hearings. The disciplinary authority may make the 18.235.030 [Title 18 RCW—page 398] final decision regarding disposition of the license unless the disciplinary authority elects to delegate, in writing, the final decision to the presiding officer; (9) Use individual members of the boards and commissions to direct investigations. However, the member of the board or commission may not subsequently participate in the hearing of the case; (10) Enter into contracts for professional services determined to be necessary for adequate enforcement of this chapter; (11) Grant or deny license applications, secure the return of a license obtained through the mistake or inadvertence of the department or the disciplinary authority after providing the person so licensed with an opportunity for an adjudicative proceeding, and, in the event of a finding of unprofessional conduct by an applicant or license holder, impose any sanction against a license applicant or license holder provided by this chapter; (12) Designate individuals authorized to sign subpoenas and statements of charges; (13) Establish panels consisting of three or more members of the board or commission to perform any duty or authority within the board’s or commission’s jurisdiction under this chapter; and (14) Contract with licensees, registrants, endorsement or permit holders, or any other persons or organizations to provide services necessary for the monitoring or supervision of licensees, registrants, or endorsement or permit holders who are placed on probation, whose professional or business activities are restricted, or who are for an authorized purpose subject to monitoring by the disciplinary authority. If the subject licensee, registrant, or endorsement or permit holders may only practice or operate a business under the supervision of another licensee, registrant, or endorsement or permit holder under the terms of the law regulating that occupation or business, the supervising licensee, registrant, or endorsement or permit holder must consent to the monitoring or supervision under this subsection, unless the supervising licensee, registrant, or endorsement or permit holder is, at the time, the subject of a disciplinary order. [2002 c 86 § 104.] 18.235.040 Director’s authority. The director has the following additional authority: (1) To employ investigative, administrative, and clerical staff as necessary for the enforcement of this chapter, except as provided otherwise by statute; (2) Upon request of a board or commission, to appoint not more than three pro tem members as provided in this subsection. Individuals appointed as pro tem members of a board or commission must meet the same minimum qualifications as regular members of the board or commission. While serving as a pro tem board or commission member, a person so appointed has all the powers, duties, and immunities, and is entitled to the entitlements, including travel expenses in accordance with RCW 43.03.050 and 43.03.060, of a regular member of the board or commission; and (3) To establish fees to be paid for witnesses, expert witnesses, and consultants used in any investigation or adjudicative proceedings as authorized by RCW 34.05.446. [2007 c 256 § 13; 2002 c 86 § 105.] 18.235.040 (2008 Ed.) Uniform Regulation of Business and Professions Act 18.235.050 Statement of charges—Hearing. (1) If the disciplinary authority determines, upon investigation, that there is reason to believe that a license holder or applicant for a license has violated RCW 18.235.130 or has not met a minimum eligibility criteria for licensure, the disciplinary authority may prepare and serve the license holder or applicant a statement of charge, charges, or intent to deny. A notice that the license holder or applicant may request a hearing to contest the charge, charges, or intent to deny must accompany the statement. The license holder or applicant must file a request for a hearing with the disciplinary authority within twenty days after being served the statement of charges or statement of intent to deny. The failure to request a hearing constitutes a default, whereupon the disciplinary authority may enter a decision on the facts available to it. (2) If a license holder or applicant for a license requests a hearing, the disciplinary authority must fix the time of the hearing as soon as convenient, but not earlier than thirty days after the service of charge, charges, or intent to deny. The disciplinary authority may hold a hearing sooner than thirty days only if the disciplinary authority has issued a summary suspension or summary restriction. [2007 c 256 § 14; 2002 c 86 § 106.] 18.235.050 18.235.060 Procedures governing adjudicative proceedings. The procedures governing adjudicative proceedings before agencies under chapter 34.05 RCW, the administrative procedure act, govern all hearings before the disciplinary authority. The disciplinary authority has, in addition to the powers and duties set forth in this chapter, all of the powers and duties under chapter 34.05 RCW, which include, without limitation, all powers relating to the administration of oaths, the receipt of evidence, the issuance and enforcing of subpoenas, and the taking of depositions. [2002 c 86 § 107.] 18.235.060 18.235.070 Previous denial, revocation, or suspension of license. The department shall not issue a license to any person whose license has been previously denied, revoked, or suspended by the disciplinary authority for that profession or business, except in conformity with the terms and conditions of the certificate or order of denial, revocation, or suspension, or in conformity with any order of reinstatement issued by the disciplinary authority, or in accordance with the final judgment in any proceeding for review instituted under this chapter. [2002 c 86 § 108.] 18.235.070 18.235.080 Orders. An order pursuant to proceedings authorized by this chapter, after due notice and findings in accordance with this chapter and chapter 34.05 RCW, or an order of summary suspension entered under this chapter, takes effect immediately upon its being served. The final order, if appealed to the court, may not be stayed pending the appeal unless the disciplinary authority or court to which the appeal is taken enters an order staying the order of the disciplinary authority, which stay shall provide for terms necessary to protect the public. [2007 c 256 § 15; 2002 c 86 § 109.] 18.235.080 18.235.090 Appeal. A person who has been disciplined or has been denied a license by a disciplinary authority may 18.235.090 (2008 Ed.) 18.235.110 appeal the decision as provided in chapter 34.05 RCW. [2007 c 256 § 16; 2002 c 86 § 110.] 18.235.100 Reinstatement. A person whose license has been suspended or revoked under this chapter may petition the disciplinary authority for reinstatement after an interval of time and upon conditions determined by the disciplinary authority in the order suspending or revoking the license. The disciplinary authority shall act on the petition in accordance with the adjudicative proceedings provided under chapter 34.05 RCW and may impose such conditions as authorized by RCW 18.235.110. The disciplinary authority may require successful completion of an examination as a condition of reinstatement. [2007 c 256 § 17; 2002 c 86 § 111.] 18.235.100 18.235.110 Unprofessional conduct—Finding. (1) Upon finding unprofessional conduct, the disciplinary authority may issue an order providing for one or any combination of the following: (a) Revocation of the license for an interval of time; (b) Suspension of the license for a fixed or indefinite term; (c) Restriction or limitation of the practice; (d) Satisfactory completion of a specific program of remedial education or treatment; (e) Monitoring of the practice in a manner directed by the disciplinary authority; (f) Censure or reprimand; (g) Compliance with conditions of probation for a designated period of time; (h) Payment of a fine for each violation found by the disciplinary authority, not to exceed five thousand dollars per violation. The disciplinary authority must consider aggravating or mitigating circumstances in assessing any fine. Funds received must be deposited in the related program account; (i) Denial of an initial or renewal license application for an interval of time; or (j) Other corrective action. (2) The disciplinary authority may require reimbursement to the disciplinary authority for the investigative costs incurred in investigating the matter that resulted in issuance of an order under this section, but only if any of the sanctions in subsection (1)(a) through (j) of this section is ordered. (3) Any of the actions under this section may be totally or partly stayed by the disciplinary authority. In determining what action is appropriate, the disciplinary authority must first consider what sanctions are necessary to protect the public health, safety, or welfare. Only after these provisions have been made may the disciplinary authority consider and include in the order requirements designed to rehabilitate the license holder or applicant. All costs associated with compliance with orders issued under this section are the obligation of the license holder or applicant. (4) The licensee or applicant may enter into a stipulated disposition of charges that includes one or more of the sanctions of this section, but only after a statement of charges has been issued and the licensee has been afforded the opportunity for a hearing and has elected on the record to forego such a hearing. The stipulation shall either contain one or more 18.235.110 [Title 18 RCW—page 399] 18.235.120 Title 18 RCW: Businesses and Professions specific findings of unprofessional conduct or a statement by the licensee acknowledging that evidence is sufficient to justify one or more specified findings of unprofessional conduct. The stipulations entered into under this subsection are considered formal disciplinary action for all purposes. [2007 c 256 § 18; 2002 c 86 § 112.] 18.235.120 18.235.120 Payment of a fine. Where payment of a fine is required as a result of a disciplinary action under RCW 18.235.060 or 18.235.150 and timely payment is not made as directed in the final order, the disciplinary authority may enforce the order for payment in the superior court in the county in which the hearing was held. This right of enforcement is in addition to any other rights the disciplinary authority may have as to any licensee ordered to pay a fine but may not be construed to limit a licensee’s ability to seek judicial review under RCW 18.235.090. In any action for enforcement of an order of payment of a fine, the disciplinary authority’s order is conclusive proof of the validity of the order of a fine and the terms of payment. [2002 c 86 § 113.] 18.235.130 18.235.130 Unprofessional conduct—Acts or conditions that constitute. The following conduct, acts, or conditions constitute unprofessional conduct for any license holder or applicant under the jurisdiction of this chapter: (1) The commission of any act involving moral turpitude, dishonesty, or corruption relating to the practice of the person’s profession or operation of the person’s business, whether the act constitutes a crime or not. At the disciplinary hearing a certified copy of a final holding of any court of competent jurisdiction is conclusive evidence of the conduct of the license holder or applicant upon which a conviction or the final holding is based. Upon a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person’s violation of the statute on which it is based. For the purposes of this subsection, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended. Except as specifically provided by law, nothing in this subsection abrogates the provisions of chapter 9.96A RCW. However, RCW 9.96A.020 does not apply to a person who is required to register as a sex offender under RCW 9A.44.130; (2) Misrepresentation or concealment of a material fact in obtaining or renewing a license or in reinstatement thereof; (3) Advertising that is false, deceptive, or misleading; (4) Incompetence, negligence, or malpractice that results in harm or damage to another or that creates an unreasonable risk of harm or damage to another; (5) The suspension, revocation, or restriction of a license to engage in any business or profession by competent authority in any state, federal, or foreign jurisdiction. A certified copy of the order, stipulation, or agreement is conclusive evidence of the revocation, suspension, or restriction; (6) Failure to cooperate with the disciplinary authority in the course of an investigation, audit, or inspection authorized by law by: [Title 18 RCW—page 400] (a) Not furnishing any papers or documents requested by the disciplinary authority; (b) Not furnishing in writing an explanation covering the matter contained in a complaint when requested by the disciplinary authority; (c) Not responding to a subpoena issued by the disciplinary authority, whether or not the recipient of the subpoena is the accused in the proceeding; or (d) Not providing authorized access, during regular business hours, to representatives of the disciplinary authority conducting an investigation, inspection, or audit at facilities utilized by the license holder or applicant; (7) Failure to comply with an order issued by the disciplinary authority; (8) Violating any of the provisions of this chapter or the chapters specified in RCW 18.235.020(2) or any rules made by the disciplinary authority under the chapters specified in RCW 18.235.020(2); (9) Aiding or abetting an unlicensed person to practice or operate a business or profession when a license is required; (10) Practice or operation of a business or profession beyond the scope of practice or operation as defined by law or rule; (11) Misrepresentation in any aspect of the conduct of the business or profession; (12) Failure to adequately supervise or oversee auxiliary staff, whether employees or contractors, to the extent that consumers may be harmed or damaged; (13) Conviction of any gross misdemeanor or felony relating to the practice of the person’s profession or operation of the person’s business. For the purposes of this subsection, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for conviction and all proceedings in which the sentence has been deferred or suspended. Except as specifically provided by law, nothing in this subsection abrogates the provisions of chapter 9.96A RCW. However, RCW 9.96A.020 does not apply to a person who is required to register as a sex offender under RCW 9A.44.130; (14) Interference with an investigation or disciplinary action by willful misrepresentation of facts before the disciplinary authority or its authorized representatives, or by the use of threats or harassment against any consumer or witness to discourage them from providing evidence in a disciplinary action or any other legal action, or by the use of financial inducements to any consumer or witness to prevent or attempt to prevent him or her from providing evidence in a disciplinary action; and (15) Engaging in unlicensed practice as defined in RCW 18.235.010. [2007 c 256 § 19; 2002 c 86 § 114.] 1 8 . 2 3 5 . 1 4 0 F i n a l o r d e r i s s u e d u n de r R C W 18.235.130—Failure to comply. If a person or business regulated by this chapter violates or fails to comply with a final order issued under RCW 18.235.130, the attorney general, any prosecuting attorney, the director, the board or commission, or any other person may maintain an action in the name of the state of Washington to enjoin the person from violating the order or failing to comply with the order. The injunction does not relieve the offender from criminal prosecution, but the remedy by injunction is in addition to the liability of the 18.235.140 (2008 Ed.) Uniform Regulation of Business and Professions Act offender to criminal prosecution and disciplinary action. [2002 c 86 § 115.] 18.235.150 Investigation of complaint—Cease and desist order/notice of intent to issue—Final determination—Fine—Temporary cease and desist order— Action/who may maintain—Remedies not limited. (1) The disciplinary authority may investigate complaints concerning practice by unlicensed persons of a profession or business for which a license is required by the chapters specified in RCW 18.235.020. In the investigation of the complaints, the director has the same authority as provided the disciplinary authority under RCW 18.235.030. (2) The disciplinary authority may issue a notice of intent to issue a cease and desist order to any person whom the disciplinary authority has reason to believe is engaged or is about to engage in the unlicensed practice of a profession or operation of a business for which a license is required by the chapters specified in RCW 18.235.020. (3) The disciplinary authority may issue a notice of intent to issue a cease and desist order to any person whom the disciplinary authority has reason to believe is engaged or is about to engage in an act or practice constituting a violation o f th i s ch ap t er o r t h e c ha p ters s p ec ifie d in RC W 18.235.020(2) or a rule adopted or order issued under those chapters. (4) The person to whom such a notice is issued may request an adjudicative proceeding to contest the allegations. The notice shall include a brief, plain statement of the alleged unlicensed activities, act, or practice constituting a violation o f th i s ch ap t er o r t h e c ha p ters s p ec ifie d in RC W 18.235.020(2) or a rule adopted or order issued under those chapters. The request for hearing must be filed within twenty days after service of the notice of intent to issue a cease and desist order. The failure to request a hearing constitutes a default, whereupon the disciplinary authority may enter a permanent cease and desist order, which may include a civil fine. All proceedings shall be conducted in accordance with chapter 34.05 RCW. (5) If the disciplinary authority makes a final determination that a person has engaged or is engaging in unlicensed practice or other act or practice constituting a violation of this chapter or the chapters specified in RCW 18.235.020(2) or a rule adopted or order issued under those chapters, the disciplinary authority may issue a permanent cease and desist order. In addition, the disciplinary authority may impose a civil fine in an amount not exceeding one thousand dollars for each day upon which the person engaged in the unlicensed practice of a profession or operation of a business for which a license is required by one or more of the chapters specified in RCW 18.235.020. The proceeds of such a fine shall be deposited in the related program account. (6) The disciplinary authority may issue a temporary cease and desist order if a person is engaged or is about to engage in unlicensed practice or other act or practice constituting a violation of this chapter or the chapters specified in RCW 18.235.020(2) or a rule adopted or order issued under those chapters if the disciplinary authority makes a written finding of fact that the public interest will be irreparably harmed by delay in issuing an order. The person receiving a temporary cease and desist order shall be provided an oppor18.235.150 (2008 Ed.) 18.235.180 tunity for a prompt hearing. A temporary cease and desist order shall remain in effect until further order of the disciplinary authority. The failure to request a prompt or regularly scheduled hearing constitutes a default, whereupon the disciplinary authority may enter a permanent cease and desist order, which may include a civil fine. (7) The cease and desist order is conclusive proof of unlicensed practice or other act or practice constituting a violation of this chapter or the chapters specified in RCW 18.235.020(2) or a rule adopted or order issued under those chapters and may be enforced under RCW 7.21.060. This method of enforcement of the cease and desist order or civil fine may be used in addition to, or as an alternative to, any provisions for enforcement of agency orders set out in chapter 34.05 RCW. (8) The attorney general, a county prosecuting attorney, the director, a board or commission, or any person may, in accordance with the laws of this state governing injunctions, maintain an action in the name of the state of Washington to enjoin any person practicing a profession or business without a license for which a license is required by the chapters specified in RCW 18.235.020. All fees, fines, forfeitures, and penalties collected or assessed by a court because of a violation of this section shall be deposited in the related program account. (9) The civil remedies in this section do not limit the ability to pursue criminal prosecution as authorized in any of the acts specified in RCW 18.235.020 nor do the civil remedies limit any criminal sanctions. [2007 c 256 § 20; 2002 c 86 § 116.] 18.235.160 Violation of injunction—Contempt of court—Civil penalty. A person or business that violates an injunction issued under this chapter may be found in contempt of court under RCW 7.21.010. Upon a finding by a court of competent jurisdiction that the person or business is in contempt, the court may order any remedial sanction as authorized by RCW 7.21.030. Further, the court may, in addition to the remedial sanctions available under RCW 7.21.030, order the person or business to pay a civil penalty to the state in an amount not to exceed twenty-five thousand dollars, which shall be deposited in the related program account. For the purposes of this section, the superior court issuing any injunction retains jurisdiction and the cause shall be continued, and in such cases the attorney general acting in the name of the state may petition for the recovery of civil penalties. [2002 c 86 § 117.] 18.235.160 18.235.170 Misrepresentation—Gross misdemeanor. A person who attempts to obtain, obtains, or attempts to maintain a license by willful misrepresentation or fraudulent representation is guilty of a gross misdemeanor. [2002 c 86 § 118.] 18.235.170 18.235.180 Crime or violation by license holder— Disciplinary authority may give notification. If the disciplinary authority has reason to believe that a license holder has committed a crime, or violated the laws of another regulatory body, the disciplinary authority may notify the attorney general or the county prosecuting attorney in the county in 18.235.180 [Title 18 RCW—page 401] 18.235.190 Title 18 RCW: Businesses and Professions which the act took place, or other responsible official of the facts known to the disciplinary authority. [2002 c 86 § 119.] 18.240.080 18.240.090 Renewal of certification. Application of uniform disciplinary act. 18.235.190 Immunity from suit. The director, members of the boards or commissions, or individuals acting on their behalf are immune from suit in any action, civil or criminal, based on any disciplinary actions or other official acts performed in the course of their duties. [2002 c 86 § 120.] 18.240.005 Finding. The certification of animal massage practitioners is in the interest of the public health, safety, and welfare. While veterinarians and certain massage practitioners may perform animal massage techniques, the legislature finds that meeting all of the requirements of those professions can be unnecessarily cumbersome for those individuals who would like to limit their practice only to animal massage. [2007 c 70 § 1.] 18.240.005 18.235.190 18.235.200 Use of records—Exchange of information—Chapter does not affect or limit. This chapter does not affect the use of records, obtained from the director or the disciplinary authorities, in any existing investigation or action by any public agency. Nor does this chapter limit any existing exchange of information between the director or the disciplinary authorities and other public agencies. [2002 c 86 § 121.] 18.235.200 18.235.210 Application of chapter—January 1, 2003. (1) This chapter applies to any conduct, acts, or conditions occurring on or after January 1, 2003. (2) This chapter does not apply to or govern the construction of and disciplinary action for any conduct, acts, or conditions occurring prior to January 1, 2003. The conduct, acts, or conditions must be construed and disciplinary action taken according to the provisions of law existing at the time of the occurrence in the same manner as if this chapter had not been enacted. (3) Notwithstanding subsection (2) of this section, this chapter applies to applications for licensure made on or after January 1, 2003. [2007 c 256 § 21; 2002 c 86 § 122.] 18.235.210 18.235.900 Short title. This chapter may be known and cited as the uniform regulation of business and professions act. [2002 c 86 § 123.] 18.235.900 18.235.901 Effective date—2002 c 86 §§ 101-123. Sections 101 through 123 of this act take effect January 1, 2003. [2002 c 86 § 124.] 18.235.901 18.235.902 Part headings not law—2002 c 86. Part headings used in this act are not any part of the law. [2002 c 86 § 402.] 18.235.902 18.235.903 Severability—2002 c 86. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [2002 c 86 § 404.] 18.235.903 Chapter 18.240 Chapter 18.240 RCW ANIMAL MASSAGE PRACTITIONERS Sections 18.240.005 18.240.010 18.240.020 18.240.030 18.240.040 18.240.050 18.240.060 18.240.070 Finding. Definitions. Certification required. Certification requirements. Limitation of chapter. Secretary’s authority. Examinations. Applicant certification—Fees. [Title 18 RCW—page 402] 18.240.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Board" means the veterinary board of governors established in chapter 18.92 RCW. (2) "Certified animal massage practitioner" means an individual who provides external manipulation or pressure of soft tissues by use of the hands, body, or device designed and limited to providing massage. Animal massage may include techniques such as stroking, percussions, compressions, friction, Swedish gymnastics or movements, gliding, kneading, range of motion or stretching, and fascial or connective tissue stretching, with or without the aid of superficial heat, cold, water, lubricants, or salts. Animal massage does not include: Diagnosis, prognosis, or all treatment of diseases, deformities, defects, wounds, or injuries of animals; attempts to adjust or manipulate any articulations of the animal’s body or spine or mobilization of these articulations by the use of a thrusting force; acupuncture involving the use of needles; or mechanical therapies that are restricted to the field of veterinary medicine. Animal massage may be performed solely for purposes of patient well-being. (3) "Department" means the department of health. (4) "Secretary" means the secretary of health or the secretary’s designee. [2007 c 70 § 2.] 18.240.010 18.240.020 Certification required. No person may practice as a certified animal massage practitioner in this state without having a certification issued by the secretary unless he or she is exempt under RCW 18.240.040. [2007 c 70 § 3.] 18.240.020 18.240.030 Certification requirements. The secretary shall issue a certificate to any applicant who demonstrates that the following requirements have been met: (1) Successful completion of a training program approved by the secretary that includes three hundred hours of instruction in general animal massage techniques, kinesiology, anatomy, physiology, behavior, first aid care, and handling techniques as follows: (a) For a certificate to practice animal massage on large animals, the three hundred hours of specialized instruction must be related to the performance of animal massage on large animals; and (b) For a certificate to practice animal massage on small animals, the three hundred hours of specialized instruction must be related to the performance of animal massage on small animals; and 18.240.030 (2008 Ed.) Athletic Trainers (2) Successful completion of a competency evaluation, approved by the secretary, in either large animal massage or small animal massage, or both. [2007 c 70 § 4.] 18.240.040 Limitation of chapter. Nothing in this chapter may be construed to prohibit or restrict: (1) The practice of veterinary medicine by those who are in compliance with chapter 18.92 RCW; (2) The practice of animal massage by those who are in compliance with chapter 18.108 RCW; (3) The practice of animal massage therapy by a person who is a regular student in an educational program whose performance of services is pursuant to a regular course of instruction or assignments from an instructor and under the general supervision of the instructor; or (4) The use of animal massage techniques by the owner of the animal who is the recipient of the services or by an employee of the owner or another person providing gratuitous assistance. [2007 c 70 § 5.] 18.240.040 18.240.050 Secretary’s authority. In addition to any other authority provided by law, the secretary has the authority to: (1) Adopt rules under chapter 34.05 RCW as required to implement this chapter; (2) Establish all certification and renewal fees in accordance with RCW 43.70.110 and 43.70.250; (3) Establish forms and procedures necessary to administer this chapter; (4) Certify an applicant or deny certification based upon unprofessional conduct or impairment governed by the uniform disciplinary act, chapter 18.130 RCW; (5) Deny certification to applicants who do not meet the training, competency evaluation, and conduct requirements for certification; (6) Hire clerical, administrative, investigative, and other staff as needed to implement this chapter; (7) Maintain the official department record for all applicants and persons with certifications; (8) Review coursework and training taken by an applicant in another state to determine whether it is substantially equivalent to that required under this chapter and determine whether additional coursework or training is needed before taking an examination for certification under RCW 18.240.060; (9) Approve education and training programs; and (10) Convene temporary work groups of individuals knowledgeable in the practice of animal massage to advise the secretary on appropriate standards of practice and credentialing, as necessary. [2007 c 70 § 6.] 18.240.050 18.240.060 Examinations. (1) The date and location of examinations must be established by the secretary. Applicants who have been found by the secretary to meet the other requirements for obtaining a certificate must be scheduled for the next examination following the filing of the application. The secretary shall establish by rule the examination application deadline. (2) The secretary shall examine each applicant, by means determined most effective, on subjects appropriate to the 18.240.060 (2008 Ed.) 18.250.005 scope of practice, as applicable. The examinations must be limited to the purpose of determining whether the applicant possesses the minimum skill and knowledge necessary to practice competently. (3) The examination papers, all grading of the papers, and the grading of any practical work must be preserved for a period of not less than one year after the secretary has made and published the decisions. All examinations must be conducted under fair and wholly impartial methods. (4) Any applicant failing to make the required grade in the first examination may take up to three subsequent examinations as the applicant desires upon prepaying a fee determined by the secretary under RCW 43.70.250 for each subsequent examination. Upon failing four examinations, the secretary may invalidate the original application and require remedial education before the person may take future examinations. (5) The secretary may approve an examination prepared or administered by a private testing agency or association of licensing agencies for use by an applicant in meeting the certification requirements. [2007 c 70 § 7.] 18.240.070 Applicant certification—Fees. The secretary shall certify an applicant on forms provided by the secretary. Each applicant shall pay a fee determined by the secretary under RCW 43.70.250. The fee must accompany the application. [2007 c 70 § 8.] 18.240.070 18.240.080 Renewal of certification. The secretary shall establish by rule the procedural requirements and fees for renewal of certification. Failure to renew invalidates the certification and all privileges granted by the certification. [2007 c 70 § 9.] 18.240.080 18.240.090 Application of uniform disciplinary act. The uniform disciplinary act, chapter 18.130 RCW, governs the uncertified practice, the issuance and denial of certification, and the discipline of persons certified under this chapter. The secretary is the disciplining authority under this chapter. [2007 c 70 § 10.] 18.240.090 Chapter 18.250 Chapter 18.250 RCW ATHLETIC TRAINERS Sections 18.250.005 18.250.010 18.250.020 18.250.030 18.250.040 18.250.050 18.250.060 18.250.070 18.250.080 18.250.090 18.250.100 18.250.900 18.250.901 18.250.902 Purpose. Definitions. Secretary’s authority—Application of uniform disciplinary act. Athletic training advisory committee. License required. Limitations of chapter. Applicant requirements. Treatment, rehabilitation, and reconditioning—Referral to licensed health care provider. Application procedures, requirements, and fees. Practice setting not restricted. Health carrier contract with athletic trainer not required. Severability—2007 c 253. Effective date—2007 c 253. Implementation—2007 c 253. 18.250.005 Purpose. It is the purpose of this chapter to provide for the licensure of persons offering athletic training 18.250.005 [Title 18 RCW—page 403] 18.250.010 Title 18 RCW: Businesses and Professions services to the public and to ensure standards of competence and professional conduct on the part of athletic trainers. [2007 c 253 § 1.] 18.250.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Athlete" means a person who participates in exercise, recreation, sport, or games requiring physical strength, range-of-motion, flexibility, body awareness and control, speed, stamina, or agility, and the exercise, recreation, sports, or games are of a type conducted in association with an educational institution or professional, amateur, or recreational sports club or organization. (2) "Athletic injury" means an injury or condition sustained by an athlete that affects the person’s participation or performance in exercise, recreation, sport, or games and the injury or condition is within the professional preparation and education of an athletic trainer. (3) "Athletic trainer" means a person who is licensed under this chapter. An athletic trainer can practice athletic training through the consultation, referral, or guidelines of a licensed health care provider working within their scope of practice. (4)(a) "Athletic training" means the application of the following principles and methods as provided by a licensed athletic trainer: (i) Risk management and prevention of athletic injuries through preactivity screening and evaluation, educational programs, physical conditioning and reconditioning programs, application of commercial products, use of protective equipment, promotion of healthy behaviors, and reduction of environmental risks; (ii) Recognition, evaluation, and assessment of athletic injuries by obtaining a history of the athletic injury, inspection and palpation of the injured part and associated structures, and performance of specific testing techniques related to stability and function to determine the extent of an injury; (iii) Immediate care of athletic injuries, including emergency medical situations through the application of first-aid and emergency procedures and techniques for nonlife-threatening or life-threatening athletic injuries; (iv) Treatment, rehabilitation, and reconditioning of athletic injuries through the application of physical agents and modalities, therapeutic activities and exercise, standard reassessment techniques and procedures, commercial products, and educational programs, in accordance with guidelines established with a licensed health care provider as provided in RCW 18.250.070; and (v) Referral of an athlete to an appropriately licensed health care provider if the athletic injury requires further definitive care or the injury or condition is outside an athletic trainer’s scope of practice, in accordance with RCW 18.250.070. (b) "Athletic training" does not include: (i) The use of spinal adjustment or manipulative mobilization of the spine and its immediate articulations; (ii) Orthotic or prosthetic services with the exception of evaluation, measurement, fitting, and adjustment of temporary, prefabricated or direct-formed orthosis as defined in chapter 18.200 RCW; 18.250.010 [Title 18 RCW—page 404] (iii) The practice of occupational therapy as defined in chapter 18.59 RCW; (iv) The practice of acupuncture as defined in chapter 18.06 RCW; (v) Any medical diagnosis; and (vi) Prescribing legend drugs or controlled substances, or surgery. (5) "Committee" means the athletic training advisory committee. (6) "Department" means the department of health. (7) "Licensed health care provider" means a physician, physician assistant, osteopathic physician, osteopathic physician assistant, advanced registered nurse practitioner, naturopath, physical therapist, chiropractor, dentist, massage practitioner, acupuncturist, occupational therapist, or podiatric physician and surgeon. (8) "Secretary" means the secretary of health or the secretary’s designee. [2007 c 253 § 2.] 18.250.020 Secretary’s authority—Application of uniform disciplinary act. (1) In addition to any other authority provided by law, the secretary may: (a) Adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this chapter; (b) Establish all license, examination, and renewal fees in accordance with RCW 43.70.250; (c) Establish forms and procedures necessary to administer this chapter; (d) Establish administrative procedures, administrative requirements, and fees in accordance with RCW 43.70.250 and 43.70.280. All fees collected under this section must be credited to the health professions account as required under RCW 43.70.320; (e) Develop and administer, or approve, or both, examinations to applicants for a license under this chapter; (f) Issue a license to any applicant who has met the education, training, and examination requirements for licensure and deny a license to applicants who do not meet the minimum qualifications for licensure. However, denial of licenses based on unprofessional conduct or impaired practice is governed by the uniform disciplinary act, chapter 18.130 RCW; (g) In consultation with the committee, approve examinations prepared or administered by private testing agencies or organizations for use by an applicant in meeting the licensing requirements under RCW 18.250.060; (h) Determine which states have credentialing requirements substantially equivalent to those of this state, and issue licenses to individuals credentialed in those states that have successfully fulfilled the requirements of RCW 18.250.080; (i) Hire clerical, administrative, and investigative staff as needed to implement and administer this chapter; (j) Maintain the official department record of all applicants and licensees; and (k) Establish requirements and procedures for an inactive license. (2) The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [2007 c 253 § 3.] 18.250.020 (2008 Ed.) Athletic Trainers 18.250.030 Athletic training advisory committee. (1) The athletic training advisory committee is formed to further the purposes of this chapter. (2) The committee consists of five members. Four members of the committee must be athletic trainers licensed under this chapter and residing in this state, must have not less than five years’ experience in the practice of athletic training, and must be actively engaged in practice within two years of appointment. The fifth member must be appointed from the public at large, and have an interest in the rights of consumers of health services. (3) The committee may provide advice on matters specifically identified and requested by the secretary, such as applications for licenses. (4) The committee may be requested by the secretary to approve an examination required for licensure under this chapter. (5) The committee, at the request of the secretary, may recommend rules in accordance with the administrative procedure act, chapter 34.05 RCW, relating to standards for appropriateness of athletic training care. (6) The committee must meet during the year as necessary to provide advice to the secretary. The committee may elect a chair and a vice-chair. A majority of the members currently serving constitute a quorum. (7) Each member of the committee must be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060. In addition, members of the committee must be compensated in accordance with RCW 43.03.240 when engaged in the authorized business of the committee. (8) The secretary, members of the committee, or individuals acting on their behalf are immune from suit in any action, civil or criminal, based on any credentialing or disciplinary proceedings or other official acts performed in the course of their duties. [2007 c 253 § 4.] 18.250.030 18.250.040 License required. It is unlawful for any person to practice or offer to practice as an athletic trainer, or to represent themselves or other persons to be legally able to provide services as an athletic trainer, unless the person is licensed under the provisions of this chapter. [2007 c 253 § 5.] 18.250.040 18.250.050 Limitations of chapter. Nothing in this chapter may prohibit, restrict, or require licensure of: (1) Any person licensed, certified, or registered in this state and performing services within the authorized scope of practice; (2) The practice by an individual employed by the government of the United States as an athletic trainer while engaged in the performance of duties prescribed by the laws of the United States; (3) Any person pursuing a supervised course of study in an accredited athletic training educational program, if the person is designated by a title that clearly indicates a student or trainee status; (4) An athletic trainer from another state for purposes of continuing education, consulting, or performing athletic training services while accompanying his or her group, individual, or representatives into Washington state on a temporary basis for no more than ninety days in a calendar year; 18.250.050 (2008 Ed.) 18.250.900 (5) Any elementary, secondary, or postsecondary school teacher, educator, coach, or authorized volunteer who does not represent themselves to the public as an athletic trainer; or (6) A personal trainer employed by an athletic club or fitness center. [2007 c 253 § 6.] 18.250.060 Applicant requirements. An applicant for an athletic trainer license must: (1) Have received a bachelor’s or advanced degree from an accredited four-year college or university that meets the academic standards of athletic training, accepted by the secretary, as advised by the committee; (2) Have successfully completed an examination administered or approved by the secretary, in consultation with the committee; and (3) Submit an application on forms prescribed by the secretary and pay the licensure fee required under this chapter. [2007 c 253 § 7.] 18.250.060 18.250.070 Treatment, rehabilitation, and reconditioning—Referral to licensed health care provider. (1) Except as necessary to provide emergency care of athletic injuries, an athletic trainer shall not provide treatment, rehabilitation, or reconditioning services to any person except as specified in guidelines established with a licensed health care provider who is licensed to perform the services provided in the guidelines. (2) If there is no improvement in an athlete who has sustained an athletic injury within fifteen days of initiation of treatment, rehabilitation, or reconditioning, the athletic trainer must refer the athlete to a licensed health care provider that is appropriately licensed to assist the athlete. (3) If an athletic injury requires treatment, rehabilitation, or reconditioning for more than forty-five days, the athletic trainer must consult with, or refer the athlete to a licensed health care provider. The athletic trainer shall document the action taken. [2007 c 253 § 8.] 18.250.070 18.250.080 Application procedures, requirements, and fees. Each applicant and license holder must comply with administrative procedures, administrative requirements, and fees under RCW 43.70.250 and 43.70.280. The secretary shall furnish a license to any person who applies and who has qualified under the provisions of this chapter. [2007 c 253 § 9.] 18.250.080 18.250.090 Practice setting not restricted. Nothing in this chapter restricts the ability of athletic trainers to work in the practice setting of his or her choice. [2007 c 253 § 10.] 18.250.090 18.250.100 Health carrier contract with athletic trainer not required. Nothing in this chapter may be construed to require that a health carrier defined in RCW 48.43.005 contract with a person licensed as an athletic trainer under this chapter. [2007 c 253 § 11.] 18.250.100 18.250.900 Severability—2007 c 253. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the 18.250.900 [Title 18 RCW—page 405] 18.250.901 Title 18 RCW: Businesses and Professions provision to other persons or circumstances is not affected. [2007 c 253 § 14.] appropriate level of supervision for dental assistants and expanded function dental auxiliaries. [2007 c 269 § 1.] 18.250.901 Effective date—2007 c 253. This act takes effect July 1, 2008. [2007 c 253 § 16.] 18.260.020 Registration or license required. (1) No person may practice or represent himself or herself as a registered dental assistant by use of any title or description without being registered by the commission as having met the standards established for registration under this chapter unless he or she is exempt under RCW 18.260.110. (2) No person may practice or represent himself or herself as a licensed expanded function dental auxiliary by use of any title or description without being licensed by the commission under this chapter unless he or she is exempt under RCW 18.260.110. [2007 c 269 § 2.] 18.250.901 18.250.902 Implementation—2007 c 253. The secretary of health may take the necessary steps to ensure that this act is implemented on its effective date. [2007 c 253 § 17.] 18.250.902 Chapter 18.260 Chapter 18.260 RCW DENTAL PROFESSIONALS Sections 18.260.010 18.260.020 18.260.030 18.260.040 18.260.050 18.260.060 18.260.070 18.260.080 18.260.090 18.260.100 18.260.110 18.260.120 18.260.130 18.260.140 18.260.900 18.260.901 Definitions. Registration or license required. Dental assistants—Registration. Dental assistants—Scope of practice. Expanded function dental auxiliary—License. Expanded function dental auxiliary—License—Reciprocity. Expanded function dental auxiliary—Scope of practice. Supervising dentist—Responsibilities. Initial or renewal credentials—Issuance and denial. Examinations. Limitation of chapter. Rules. Application of uniform disciplinary act. Department review. Application—2007 c 269. Implementation—2007 c 269. 18.260.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Close supervision" means that a supervising dentist whose patient is being treated has personally diagnosed the condition to be treated and has personally authorized the procedures to be performed. The supervising dentist is continuously on-site and physically present in the treatment facility while the procedures are performed by the assistive personnel and capable of responding immediately in the event of an emergency. The term does not require a supervising dentist to be physically present in the operatory. (2) "Commission" means the Washington state dental quality assurance commission created in chapter 18.32 RCW. (3) "Dental assistant" means a person who is registered by the commission to provide supportive services to a licensed dentist to the extent provided in this chapter and under the close supervision of a dentist. (4) "Dentist" means an individual who holds a license to practice dentistry under chapter 18.32 RCW. (5) "Department" means the department of health. (6) "Expanded function dental auxiliary" means a person who is licensed by the commission to provide supportive services to a licensed dentist to the extent provided in this chapter and under the specified level of supervision of a dentist. (7) "General supervision" means that a supervising dentist has examined and diagnosed the patient and provided subsequent instructions to be performed by the assistive personnel, but does not require that the dentist be physically present in the treatment facility. (8) "Secretary" means the secretary of health. (9) "Supervising dentist" means a dentist licensed under chapter 18.32 RCW that is responsible for providing the 18.260.010 [Title 18 RCW—page 406] 18.260.020 18.260.030 Dental assistants—Registration. The commission shall issue a registration to practice as a dental assistant to any applicant who pays any applicable fees, as established by the secretary in accordance with RCW 43.70.110 and 43.70.250, and submits, on forms provided by the secretary, the applicant’s name, address, and other information as determined by the secretary. [2007 c 269 § 3.] 18.260.030 18.260.040 Dental assistants--Scope of practice. (1) The commission shall adopt rules relating to the scope of dental assisting services related to patient care and laboratory duties that may be performed by dental assistants. All dental services performed by dental assistants must be performed under the close supervision of a supervising dentist as the dentist may allow. (2) In addition to any other limitations established by the commission, dental assistants may not perform the following procedures: (a) Any scaling procedure; (b) Any oral prophylaxis, except coronal polishing; (c) Administration of any general or local anesthetic, including intravenous sedation; (d) Any removal of or addition to the hard or soft tissue of the oral cavity; (e) Any diagnosis of or prescription for treatment of disease, pain, deformity, deficiency, injury, or physical condition of the human teeth, jaw, or adjacent structures; and (f) The taking of any impressions of the teeth or jaw or the relationships of the teeth or jaws, for the purpose of fabricating any intra-oral restoration, appliance, or prosthesis. (3) A dentist may not assign a dental assistant to perform duties until the dental assistant has demonstrated skills necessary to perform competently all assigned duties and responsibilities. [2007 c 269 § 5.] 18.260.040 18.260.050 Expanded function dental auxiliary— License. (1) The commission shall issue a license to practice as an expanded function dental auxiliary to any applicant who: (a) Pays any applicable fees as established by the secretary in accordance with RCW 43.70.110 and 43.70.250; (b) Submits, on forms provided by the secretary, the applicant’s name, address, and other applicable information as determined by the secretary; and 18.260.050 (2008 Ed.) Dental Professionals (c) Demonstrates that the following requirements have been met: (i) Successful completion of a dental assisting education program approved by the commission. The program may be an approved online education program; (ii) Successful completion of an expanded function dental auxiliary education program approved by the commission; and (iii) Successful passage of both a written examination and a clinical examination in restorations approved by the commission. (2)(a) An applicant that holds a limited license to practice dental hygiene under chapter 18.29 RCW is considered to have met the dental assisting education program requirements of subsection (1)(c)(i) of this section. (b) An applicant that holds a full license to practice dental hygiene under chapter 18.29 RCW is considered to have met the requirements of subsection (1)(c) of this section upon demonstrating the successful completion of training in taking final impressions as approved by the commission. [2007 c 269 § 4.] 18.260.060 Expanded function dental auxiliary— License—Reciprocity. An applicant holding a license in another state may be licensed as an expanded function dental auxiliary in this state without examination if the commission determines that the other state’s licensing standards are substantially equivalent to the standards in this state. [2007 c 269 § 9.] 18.260.060 18.260.070 Expanded function dental auxiliary— Scope of practice. (1) The commission shall adopt rules relating to the scope of expanded function dental auxiliary services related to patient care and laboratory duties that may be performed by expanded function dental auxiliaries. (2) The scope of expanded function dental auxiliary services that the commission identifies in subsection (1) of this section includes: (a) In addition to the dental assisting services that a dental assistant may perform under the close supervision of a supervising dentist, the performance of the following services under the general supervision of a supervising dentist as the dentist may allow: (i) Performing coronal polishing; (ii) Giving fluoride treatments; (iii) Applying sealants; (iv) Placing dental x-ray film and exposing and developing the films; (v) Giving patient oral health instruction; and (b) Notwithstanding any prohibitions in RCW 18.260.040, the performance of the following services under the close supervision of a supervising dentist as the dentist may allow: (i) Placing and carving direct restorations; and (ii) Taking final impressions. (3) A dentist may not assign an expanded function dental auxiliary to perform services until the expanded function dental auxiliary has demonstrated skills necessary to perform competently all assigned duties and responsibilities. [2007 c 269 § 6.] 18.260.070 (2008 Ed.) 18.260.110 18.260.080 Supervising dentist—Responsibilities. A supervising dentist is responsible for: (1) Maintaining the appropriate level of supervision for dental assistants and expanded function dental auxiliaries; and (2) Ensuring that the dental assistants and expanded function dental auxiliaries that the dentist supervises are able to competently perform the tasks that they are assigned. [2007 c 269 § 7.] 18.260.080 18.260.090 Initial or renewal credentials—Issuance and denial. The commission shall issue an initial credential or renewal credential to an applicant who has met the requirements for a credential or deny an initial credential or renewal credential based upon failure to meet the requirements for a credential or unprofessional conduct or impairment governed by chapter 18.130 RCW. [2007 c 269 § 8.] 18.260.090 18.260.100 Examinations. (1) The commission may approve a written examination prepared or administered by a private testing agency or association of licensing agencies for use by an applicant in meeting the licensing requirements under RCW 18.260.050. The requirement that the examination be written does not exclude the use of computerized test administration. (2) The commission, upon consultation with the dental hygiene examining committee, may approve a clinical examination prepared or administered by a private testing agency or association of licensing agencies for use by an applicant in meeting the licensing requirements under RCW 18.260.050. [2007 c 269 § 10.] 18.260.100 18.260.110 Limitation of chapter. Nothing in this chapter may be construed to prohibit or restrict: (1) The practice of a dental assistant in the discharge of official duties by dental assistants in the United States federal services on federal reservations, including but not limited to the armed services, coast guard, public health service, veterans’ bureau, or bureau of Indian affairs; (2) Expanded function dental auxiliary education and training programs approved by the commission and the practice as an expanded function dental auxiliary by students in expanded function dental auxiliary education and training programs approved by the commission, when acting under the direction and supervision of persons licensed under chapter 18.29 or 18.32 RCW; (3) Dental assistant education and training programs, and the practice of dental assisting by students in dental assistant education and training programs approved by the commission or offered at a school approved or licensed by the workforce training and education coordinating board, higher education coordinating board, state board for community and technical colleges, or Washington state skill centers certified by the office of the superintendent of public instruction, when acting under the direction and supervision of persons registered or licensed under this chapter or chapter 18.29 or 18.32 RCW; or (4) The practice of a volunteer dental assistant providing services under the supervision of a licensed dentist in a charitable dental clinic, as approved by the commission in rule. [2008 c 150 § 1; 2007 c 269 § 11.] 18.260.110 [Title 18 RCW—page 407] 18.260.120 Title 18 RCW: Businesses and Professions 18.260.120 Rules. The commission may adopt rules under chapter 34.05 RCW as required to implement this chapter. [2007 c 269 § 12.] 18.260.120 18.260.130 Application of uniform disciplinary act. Chapter 18.130 RCW governs unregistered or unlicensed practice, the issuance and denial of credentials, and the discipline of those credentialed under this chapter. The commission is the disciplining authority under this chapter. [2007 c 269 § 13.] 18.260.130 18.260.140 Department review. By November 15, 2012, the department, in consultation with the commission and the dental hygiene examining committee, shall conduct a review of the effectiveness of the creation of the dental assistant and expanded function dental auxiliary professions as related to: (1) Increasing professional standards in dental practices; (2) Increasing efficiency in dental practices and community health clinics; (3) Promoting career ladders in the dental professions; and (4) Recommendations for expanding or contracting the practice of dental assistants and expanded function dental auxiliaries. [2007 c 269 § 18.] 18.260.140 18.260.900 Application—2007 c 269. (1) The provisions of this act apply to registered dental assistants effective July 1, 2008. (2) The provisions of this act apply to expanded function dental auxiliaries effective December 1, 2008. [2007 c 269 § 21.] 18.260.900 18.260.901 Implementation—2007 c 269. The secretary of health and the Washington state dental quality assurance commission may take the necessary steps to ensure that this act is implemented on its effective date. [2007 c 269 § 22.] 18.260.901 Chapter 18.270 RCW FIRE PROTECTION SPRINKLER FITTING Chapter 18.270 Sections 18.270.010 18.270.020 18.270.030 18.270.040 18.270.050 18.270.060 18.270.070 18.270.080 18.270.090 18.270.900 18.270.901 Definitions. Certificate required—Penalties. Examination. Application requirements—Certificate without examination. Certificate expiration and renewal. Fees—Deposit and use. Violations—Investigations. Appeals. Suspension. Administration of chapter. Effective date—2007 c 435. 18.270.010 Definitions. (Effective January 1, 2009.) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Certificate" means a certificate of competency granted by the director under the terms of this chapter, and is valid within the state and all political subdivisions, and meets all of the requirements for license or certification that may be applied by the political subdivisions. 18.270.010 [Title 18 RCW—page 408] (2) "Contractor" means any person, corporation, or other entity, licensed under chapter 18.160 RCW, which performs any work covered by the provisions of this chapter. (3) "Director" means the state director of fire protection. (4) "Fire protection sprinkler fitting" means installing, altering, and repairing sprinkler, standpipe, hose, or other hazard systems for fire protection purposes that are an assembly of piping or conduit beginning at the connection to the primary water supply within a building, sprinkler tank heaters, air lines, and all tanks and pumps attached thereto. (5) "Journey-level sprinkler fitter" means any person who has been issued a certificate by the director as provided by this chapter. (6) "NFPA 13-D" means the standard in use by the national fire protection association for the installation of fire protection sprinkler systems in one and two-family dwellings and manufactured homes whenever the provisions of this chapter are applied. (7) "NFPA 13-R" means the standard in use by the national fire protection association for the installation of fire protection sprinkler systems in residential dwellings up to and including four stories in height whenever the provisions of this chapter are applied. (8) "Person" means a natural person, including an owner, manager, partner, officer, employee, or occupant. (9) "Residential sprinkler fitter" means anyone who has been issued a certificate by the director limited to installation, maintenance, and repair of the fire protection sprinkler system of residential occupancies as defined by NFPA 13-D and NFPA 13-R. (10) "Trainee" means anyone who has been issued a training certificate by the director who is learning the fire protection sprinkler fitting trade under the direct supervision of a journey-level sprinkler fitter or residential sprinkler fitter. [2007 c 435 § 1.] 18.270.020 Certificate required--Penalties. (Effective January 1, 2009.) (1) No person may engage in the trade of fire protection sprinkler fitting without having a valid journey-level sprinkler fitter certificate, residential sprinkler fitter certificate, training certificate, or temporary certificate, with the exception of a certified plumber installing a residential fire protection sprinkler system connected to potable water requiring a plumbing certificate. (2) No contractor may employ a person in violation of subsection (1) of this section to perform fire protection sprinkler fitting work. (3) A person found by the director to have committed an infraction under this chapter shall be assessed a monetary penalty as set by rule. (4) Each day in which a person engages in the trade of fire protection sprinkler fitting in violation of subsection (1) of this section or employs a person in violation of subsection (2) of this section is considered a separate infraction. [2007 c 435 § 3.] 18.270.020 18.270.030 Examination. (Effective January 1, 2009.) The director shall adopt a written examination to be administered to applicants for certificates. [2007 c 435 § 4.] 18.270.030 (2008 Ed.) Home Inspectors 18.270.040 Application requirements—Certificate without examination. (Effective January 1, 2009.) (1) Every applicant for a certificate shall pay an examination fee and satisfactorily pass an examination as provided by rule. (2) Every applicant for a certificate shall apply to the director on an application form provided by the director and pay the application fee as provided by rule. (3)(a) Every applicant for a journey-level sprinkler fitter certificate shall provide evidence to the director on a form provided by the director of at least eight thousand hours of trade-related fire protection sprinkler fitting experience. (b) Every applicant for a residential sprinkler fitter certificate shall provide evidence to the director on a form provided by the director of at least four thousand hours of traderelated fire protection sprinkler fitting or residential sprinkler fitting experience. (4) Every applicant for a training certificate shall provide evidence to the director on a form provided by the director of trade-related employment by a contractor. (5)(a) The director shall grant a journey-level sprinkler fitter certificate without examination to any applicant who, during the ninety days following January 1, 2009, submits an application for such certification and evidence of his or her employment as a journey-level sprinkler fitter for a period of not less than eight thousand hours. (b) The director shall grant a residential sprinkler fitter certificate without examination to any applicant who, during the ninety days following January 1, 2009, submits an application for such certification and evidence of his or her employment as a journey-level sprinkler fitter or a residential sprinkler fitter for a period of not less than four thousand hours. (6) The director may grant a certificate without examination to any applicant who is a journey-level sprinkler fitter or residential sprinkler fitter from a state whose requirements for certification are at least substantially equivalent to the requirements of this state, and which extends the same privileges of reciprocity to journey-level sprinkler fitters or residential sprinkler fitters from this state. [2007 c 435 § 5.] 18.270.040 18.270.050 Certificate expiration and renewal. (Effective January 1, 2009.) (1) A certificate expires on December 31st. (2) The certificate shall be renewed every other year. (3) Before the expiration date of the certificate, every applicant shall reapply to the director on an application form provided by the director and pay the application fee as provided by rule. (4) If a certificate is not renewed before its expiration date, an applicant must: (a) Apply to the director on an application form provided by the director; (b) Pay an application fee to the director as provided by rule; (c) Pay an examination fee as provided by rule; and (d) Successfully pass the written examination required by this chapter. [2007 c 435 § 6.] 18.270.050 18.270.060 Fees—Deposit and use. (Effective January 1, 2009.) All receipts from fees and charges or from the money generated by the rules adopted under this chapter shall 18.270.060 (2008 Ed.) Chapter 18.280 be deposited into the fire protection contractor license fund created in RCW 18.160.050 and used for the purposes authorized under this chapter. [2007 c 435 § 7.] 18.270.070 Violations—Investigations. (Effective January 1, 2009.) An authorized representative of the director may investigate alleged violations of this chapter. Upon request of an authorized representative, a person performing fire protection sprinkler fitting or residential sprinkler fitting work must produce evidence of a certificate issued by the director in accordance with this chapter. Failure to produce such evidence is an infraction as provided by RCW 18.270.020. [2007 c 435 § 8.] 18.270.070 18.270.080 Appeals. (Effective January 1, 2009.) A person wishing to appeal a determination of infraction under this chapter must file an appeal within twenty days of the date of the notice of infraction in accordance with chapter 34.05 RCW. [2007 c 435 § 9.] 18.270.080 18.270.090 Suspension. (Effective January 1, 2009.) The director shall immediately suspend any certificate issued under this chapter if the holder has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate shall be automatic upon the director’s receipt of a release issued by the department of social and health services stating that the person is in compliance with the order. [2007 c 435 § 10.] 18.270.090 18.270.900 Administration of chapter. (Effective January 1, 2009.) (1) This chapter shall be administered by the director. (2) The director may adopt rules necessary for the administration of this chapter. [2007 c 435 § 2.] 18.270.900 18.270.901 Effective date—2007 c 435. This act takes effect January 1, 2009. [2007 c 435 § 12.] 18.270.901 Chapter 18.280 Chapter 18.280 RCW HOME INSPECTORS Sections 18.280.010 18.280.020 18.280.030 18.280.040 18.280.050 18.280.060 18.280.070 18.280.080 18.280.090 18.280.100 18.280.110 18.280.120 18.280.130 18.280.140 18.280.150 18.280.160 18.280.170 18.280.180 18.280.190 18.280.900 Definitions. Licensure required. Duties of a licensed home inspector. Home inspector advisory licensing board. Director’s authority. Board’s authority. Qualifications for licensure. Written exams. License length and renewal. Advertising. License renewal—Continuing education requirements. Written reports—Limitation on work. Suspension of license—Appeal. Civil infractions. Uniform regulation of business and professions act. Relief by injunction—Director and board immunity. Exemption from licensing. Reciprocity. Structural pest inspector. Captions not law. [Title 18 RCW—page 409] 18.280.010 Title 18 RCW: Businesses and Professions 18.280.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Board" means the home inspector advisory licensing board. (2) "Department" means the department of licensing. (3) "Director" means the director of the department of licensing. (4) "Entity" or "entities" means educational groups or organizations, national organizations or associations, or a national test organization. (5) "Home inspection" means a professional examination of the current condition of a house. (6) "Home inspector" means a person who carries out a noninvasive examination of the condition of a home, often in connection with the sale of that home, using special training and education to carry out the inspection. (7) "Report" means a written report prepared and issued after a home inspection. (8) "Wood destroying organism" means insects or fungi that consume, excavate, develop in, or otherwise modify the integrity of wood or wood products. "Wood destroying organism" includes but is not limited to carpenter ants, moisture ants, subterranean termites, dampwood termites, beetles in the family Anobiidae, and wood decay fungi, known as wood rot. [2008 c 119 § 1.] 18.280.010 18.280.020 Licensure required. (1) Beginning September 1, 2009, a person shall not engage in or conduct, or advertise or hold himself or herself out as engaging in or conducting, the business of or acting in the capacity of a home inspector within this state without first obtaining a license as provided in this chapter. (2) Any person performing the duties of a home inspector on June 12, 2008, has until July 1, 2010, to meet the licensing requirements of this chapter. However, if a person performing the duties of a home inspector on June 12, 2008, has proof that he or she has worked as a home inspector for at least two years and has conducted at least one hundred home inspections, he or she may apply to the board before September 1, 2009, for licensure without meeting the instruction and training requirements of this chapter. (3) The director may begin issuing licenses under this section beginning on July 1, 2009. [2008 c 119 § 2.] 18.280.020 18.280.030 Duties of a licensed home inspector. A person licensed under this chapter is responsible for performing a visual and noninvasive inspection of the following readily accessible systems and components of a home and reporting on the general condition of those systems and components at the time of the inspection in his or her written report: The roof, foundation, exterior, heating system, airconditioning system, structure, plumbing and electrical systems, and other aspects of the home as may be identified by the board. The inspection must include looking for certain fire and safety hazards as defined by the board. The standards of practice to be developed by the board will be used as the minimum standards for an inspection. The duties of the home inspector with regard to wood destroying organisms are provided in RCW 18.280.190. [2008 c 119 § 3.] 18.280.030 [Title 18 RCW—page 410] 18.280.040 Home inspector advisory licensing board. (1) The state home inspector advisory licensing board is created. The board consists of seven members appointed by the governor, who shall advise the director concerning the administration of this chapter. Of the appointments to this board, six must be actively engaged as home inspectors immediately prior to their appointment to the board, and one must be currently teaching in a home inspector education program. Insofar as possible, the composition of the appointed home inspector members of the board must be generally representative of the geographic distribution of home inspectors licensed under this chapter. No more than two board members may be members of a particular national home inspector association or organization. (2) A home inspector must have the following qualifications to be appointed to the board: (a) Actively engaged as a home inspector in the state of Washington for five years; (b) Licensed as a home inspector under this chapter, except for initial appointments; and (c) Performed a minimum of five hundred home inspections in the state of Washington. (3) Members of the board are appointed for three-year terms. Terms must be staggered so that not more than two appointments are scheduled to be made in any calendar year. Members hold office until the expiration of the terms for which they were appointed. The governor may remove a board member for just cause. The governor may appoint a new member to fill a vacancy on the board for the remainder of the unexpired term. All board members are limited to two consecutive terms. (4) Each board member is entitled to compensation for each day spent conducting official business and to reimbursement for travel expenses in accordance with RCW 43.03.240, 43.03.050, and 43.03.060. [2008 c 119 § 4.] 18.280.040 18.280.050 Director’s authority. The director has the following authority in administering this chapter: (1) To adopt, amend, and rescind rules approved by the board as deemed necessary to carry out this chapter; (2) To administer licensing examinations approved by the board and to adopt or recognize examinations prepared by other entities as approved by the board; (3) To adopt standards of professional conduct, practice, and ethics as approved by the board; and (4) To adopt fees as provided in RCW 43.24.086. [2008 c 119 § 5.] 18.280.050 18.280.060 Board’s authority. The board has the following authority in administering this chapter: (1) To establish rules, including board organization and assignment of terms, and meeting frequency and timing, for adoption by the director; (2) To establish the minimum qualifications for licensing applicants as provided in this chapter; (3) To approve the method of administration of examinations required by this chapter or by rule as established by the director; (4) To approve the content of or recognition of examinations prepared by other entities for adoption by the director; 18.280.060 (2008 Ed.) Home Inspectors (5) To set the time and place of examinations with the approval of the director; and (6) To establish and review standards of professional conduct, practice, and ethics for adoption by the director. These standards must address what constitutes certain fire and safety hazards as used in RCW 18.280.030. [2008 c 119 § 6.] 18.280.070 Qualifications for licensure. In order to become licensed as a home inspector, an applicant must submit the following to the department: (1) An application on a form developed by the department; (2) Proof of a minimum of one hundred twenty hours of classroom instruction approved by the board; (3) Proof of up to forty hours of field training supervised by a licensed home inspector; (4) Evidence of successful passage of the written exam as required in RCW 18.280.080; and (5) The fee in the amount set by the department. [2008 c 119 § 7.] 18.280.070 18.280.080 Written exams. Applicants for licensure must pass an exam that is psychometrically valid, reliable, and legally defensible by the state. The exam is to be developed, maintained, and administered by the department. The board shall recommend to the director whether to use an exam that is prepared by a national entity. If an exam prepared by a national entity is used, a section specific to Washington shall be developed by the director and included as part of the entire exam. [2008 c 119 § 8.] 18.280.080 18.280.090 License length and renewal. Licenses are issued for a term of two years and expire on the applicant’s second birthday following issuance of the license. [2008 c 119 § 9.] 18.280.090 18.280.100 Advertising. The term "licensed home inspector" and the license number of the inspector must appear on all advertising, correspondence, and documents incidental to a home inspection. However, businesses and organizations that conduct national or interstate general marketing and advertising campaigns may omit the license number of the inspector in advertising so long as it is included on all documents incident to a home inspection. [2008 c 119 § 10.] 18.280.100 18.280.150 performs a home inspection within a time period set by the board in rule. The issues to be addressed in the report shall be set by the board in rule. (2) A licensed home inspector, or other licensed home inspectors or employees who work for the same company or for any company in which the home inspector has a financial interest, shall not, from the time of the inspection until one year from the date of the report, perform any work other than home inspection-related consultation on the home upon which he or she has performed a home inspection. [2008 c 119 § 12.] 18.280.130 Suspension of license—Appeal. (1) The director shall immediately suspend the license of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for a license under this chapter during the suspension, reissuance of the license is automatic upon the board’s receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the child support order. The procedure in RCW 74.20A.320 is the exclusive administrative remedy for contesting the establishment of noncompliance with a child support order, and suspension of a license under this subsection, and satisfies the requirements of RCW 34.05.422. (2) The director, with the assistance of the board, shall establish by rule under what circumstances a home inspector license may be suspended or revoked. These circumstances shall be based upon accepted industry standards and the board’s cumulative experience. (3) Any person aggrieved by a decision of the director under this section may appeal the decision as provided in chapter 34.05 RCW. The adjudicative proceeding shall be conducted under chapter 34.05 RCW by an administrative law judge appointed pursuant to RCW 34.12.030. [2008 c 119 § 13.] 18.280.130 18.280.110 License renewal—Continuing education requirements. (1) As a condition of renewing a license under this chapter, a licensed home inspector shall present satisfactory evidence to the board of having completed the continuing education requirements provided for in this section. (2) Each applicant for license renewal shall complete at least twenty-four hours of instruction in courses approved by the board every two years. [2008 c 119 § 11.] 18.280.140 Civil infractions. The department has the authority to issue civil infractions under chapter 7.80 RCW in the following instances: (1) Conducting or offering to conduct a home inspection without being licensed in accordance with this chapter; (2) Presenting or attempting to use as his or her own the home inspector license of another; (3) Giving any false or forged evidence of any kind to the director or his or her authorized representative in obtaining a license; (4) Falsely impersonating any other licensee; or (5) Attempting to use an expired or revoked license. All fines and penalties collected or assessed by a court because of a violation of this section must be remitted to the department to be deposited into the business and professions account created in RCW 43.24.150. [2008 c 119 § 14.] 18.280.120 Written reports—Limitation on work. (1) A licensed home inspector shall provide a written report of the home inspection to each person for whom the inspector 18.280.150 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, 18.280.110 18.280.120 (2008 Ed.) 18.280.140 18.280.150 [Title 18 RCW—page 411] 18.280.160 Title 18 RCW: Businesses and Professions the issuance and denial of licenses, and the discipline of licensees under this chapter. [2008 c 119 § 15.] 18.280.160 Relief by injunction—Director and board immunity. The director is authorized to apply for relief by injunction without bond, to restrain a person from the commission of any act that is prohibited under RCW 18.280.140. In such a proceeding, it is not necessary to allege or prove either that an adequate remedy at law does not exist, or that substantial or irreparable damage would result from continued violation. The director, individuals acting on the director’s behalf, and members of the board are immune from suit in any action, civil or criminal, based on disciplinary proceedings or other official acts performed in the course of their duties in the administration and enforcement of this chapter. [2008 c 119 § 16.] 18.280.160 18.280.170 Exemption from licensing. The following persons are exempt from the licensing requirements of this chapter when acting within the scope of their license or profession: (1) Engineers; (2) Architects; (3) Electricians licensed under chapter 19.28 RCW; (4) Plumbers licensed under chapter 18.106 RCW; (5) Pesticide operators licensed under chapter 17.21 RCW; (6) Structural pest inspectors licensed under chapter 15.58 RCW; or (7) Certified real estate appraisers licensed under chapter 18.140 RCW. [2008 c 119 § 17.] 18.280.170 18.280.180 Reciprocity. Persons licensed as home inspectors in other states may become licensed as home inspectors under this chapter as long as the other state has licensing requirements that meet or exceed those required under this chapter and the person seeking a license under this chapter passes the Washington portion of the exam under RCW 18.280.080. [2008 c 119 § 18.] 18.280.180 18.280.190 Structural pest inspector. Any person licensed under this chapter who is not also licensed as a pest inspector under chapter 15.58 RCW shall only refer in his or her report to rot or conducive conditions for wood destroying organisms and shall refer the identification of or damage by wood destroying insects to a structural pest inspector licensed under chapter 15.58 RCW. [2008 c 119 § 19.] 18.280.190 18.280.900 Captions not law. Captions used in this chapter are not any part of the law. [2008 c 119 § 20.] 18.280.900 [Title 18 RCW—page 412] (2008 Ed.) Title 19 Chapters 19.02 19.06 19.09 19.16 19.25 19.27 19.27A 19.28 19.29 19.29A 19.30 19.31 19.34 19.36 19.40 19.48 19.52 19.56 19.58 19.60 19.64 19.68 19.72 19.76 19.77 19.80 19.83 19.84 19.85 19.86 19.91 19.94 19.98 19.100 19.105 19.108 19.110 19.112 19.116 19.118 19.120 19.122 19.126 19.130 19.134 19.138 19.142 19.144 19.146 19.148 19.149 19.150 19.154 (2008 Ed.) Title 19 BUSINESS REGULATIONS—MISCELLANEOUS Business license center act. Blind made products—Services. Charitable solicitations. Collection agencies. Reproduced sound recordings. State building code. Energy-related building standards. Electricians and electrical installations. Electrical construction. Consumers of electricity. Farm labor contractors. Employment agencies. Washington electronic authentication act. Contracts and credit agreements requiring writings. Uniform fraudulent transfer act. Hotels, lodging houses, etc.—Restaurants. Interest—Usury. Unsolicited goods. Motion picture fair competition act. Pawnbrokers and secondhand dealers. Radio broadcasting. Rebating by practitioners of healing professions. Suretyship. Beverage bottles, etc.—Labeling—Refilling. Trademark registration. Trade names. Trading stamp licenses. Trading stamps and premiums. Regulatory fairness act. Unfair business practices—Consumer protection. Unfair cigarette sales below cost act. Weights and measures. Farm implements, machinery, parts. Franchise investment protection. Camping resorts. Uniform trade secrets act. Business opportunity fraud act. Motor fuel quality act. Motor vehicle subleasing or transfer. Motor vehicle warranties. Gasoline dealer bill of rights act. Underground utilities. Wholesale distributors and suppliers of malt beverages. Telephone buyers’ protection act. Credit services organization act. Sellers of travel. Health studio services. Mortgage lending and homeownership. Mortgage broker practices act. Mortgage loan servicing. Residential mortgage loan closing—Valuation disclosure. Self-service storage facilities. Immigration assistant practices act. 19.158 19.160 19.162 19.166 19.170 19.174 19.178 19.182 19.184 19.186 19.188 19.190 19.192 19.194 19.200 19.205 19.210 19.215 19.220 19.225 19.230 19.235 19.240 19.245 19.250 19.255 19.260 19.265 19.270 19.275 19.280 19.285 19.290 19.295 19.300 19.305 Commercial telephone solicitation. Business telephone listings. Pay-per-call information delivery services. International student exchange. Promotional advertising of prizes. Automated teller machines and night depositories security. Going out of business sales. Fair credit reporting act. Wheelchairs. Roofing and siding contractors and salespersons. Electronic media violence. Commercial electronic mail. Proof of identity. Trade-in or exchange of computer hardware. Automated financial transactions. Structured settlement protection. Unused property merchants. Disposal of personal information. International matchmaking organizations. Uniform athlete agent act. Uniform money services act. Movie theaters—Unauthorized recording. Gift certificates. Automated teller machines. Disclosure of personal wireless numbers. Personal information—Notice of security breaches. Energy efficiency. Tax refund anticipation loans. Computer spyware. Antipyramid promotional scheme act. Electric utility resource plans. Energy independence act. Metal property. Estate distribution documents. Electronic communication devices. Cigarette ignition propensity. Automobile dealers licenses: Chapter 46.70 RCW. driver schools, licensing: Chapter 46.82 RCW. repair: Chapter 46.71 RCW. Banks and trust companies: Title 30 RCW. Bringing in out-of-state persons to replace employees involved in labor dispute—Penalty: RCW 49.44.100. Business and occupation tax: Chapter 82.04 RCW. Business corporations and cooperative associations: Titles 23 and 23B RCW. Cemeteries, morgues and human remains: Title 68 RCW. Cities and towns, powers to regulate business: Title 35 RCW. Coal mining: Title 78 RCW. Common carriers: Title 81 RCW. Consumer leases: Chapter 63.10 RCW. Consumer loan act: Chapter 31.04 RCW. Controlled substances, uniform act: Chapter 69.50 RCW. Credit unions: Chapter 31.12 RCW. [Title 19 RCW—page 1] Chapter 19.02 Title 19 RCW: Business Regulations—Miscellaneous Development credit corporations: Chapter 31.20 RCW. Discrimination: Chapter 49.60 RCW. Drugs, uniform controlled substances act: Chapter 69.50 RCW. Drugs and cosmetics: Chapter 69.04 RCW. Fish marketing act: Chapter 24.36 RCW. Fishermen, commercial: Title 77 RCW. Food and beverage establishment workers’ permits: Chapter 69.06 RCW. Food processing, adulteration, misbranding, standards: Chapter 69.04 RCW. Forests and forest products: Title 76 RCW. Fruit: Title 15 RCW. Gas and hazardous liquid pipelines: Chapter 81.88 RCW. Hydraulic brake fluid, standards and specifications: RCW 46.37.365. Livestock marketing and inspection: Chapter 16.57 RCW. Massachusetts Trust Act: Chapter 23.90 RCW. Measurement of goods, raw materials and agricultural products, fraud, penalty: RCW 9.45.122 through 9.45.126. Milk and milk products for animal food: Chapter 15.37 RCW. Mines, mineral and petroleum: Title 78 RCW. Monopolies and trusts prohibited: State Constitution Art. 12 § 22. Mutual savings banks: Title 32 RCW. Partnerships: Title 25 RCW. Periodicals, postage, purchase by public agencies—Manner of payment: RCW 42.24.035. Pesticide applicators—Surety bond: Chapter 17.21 RCW. Pilotage act: Chapter 88.16 RCW. Poisons, dispensing and sale: Chapter 69.40 RCW. Professional service corporations: Chapter 18.100 RCW. Public bodies may retain collection agencies to collect public debts—Fees: RCW 19.16.500. Public utilities: Title 80 RCW. Railroads and other common carriers: Title 81 RCW. Retail installment sales of goods and services: Chapter 63.14 RCW. Sales of personal property: Title 62A RCW. Savings and loan associations: Title 33 RCW. Shoefitting devices, X-ray, etc., prohibited: RCW 70.98.170. Transportation, public: Title 81 RCW. Vehicle wreckers: Chapter 46.80 RCW. Warehouses and grain elevators: Title 22 RCW. Washington fresh fruit sales limitation act: Chapter 15.21 RCW. Chapter 19.02 Chapter 19.02 RCW BUSINESS LICENSE CENTER ACT Sections 19.02.010 19.02.020 19.02.030 19.02.035 19.02.050 19.02.070 19.02.075 19.02.080 19.02.085 19.02.090 19.02.100 19.02.110 19.02.200 19.02.210 Purpose—Intent. Definitions. Center—Created—Duties—Rules. Center to compile and distribute information—Scope. Participation of state agencies. Issuance of licenses—Scope—Master application and fees— Action by regulatory agency, when—Agencies provided information. Master application fees—Renewal. Licensing fees—Disposition of. Licensing fees—Master license delinquency fee—Rate—Disposition. Master license—Expiration date—Prorated fees—Conditions of renewal. Master license—Issuance or renewal—Denial. Master license—System to include additional licenses. Center as secretary of state’s agent for corporate renewals— Proposals for—Schedule. Master license fund. [Title 19 RCW—page 2] 19.02.220 19.02.300 19.02.310 19.02.800 19.02.810 19.02.890 19.02.900 19.02.901 19.02.910 19.02.920 Combined licensing project—Report—Evaluation. Contract to issue conditional federal employer identification numbers, credentials, and documents—Issuance in conjunction with license applications. Performance-based grant program. Master license system—Certain business or professional activity licenses exempt. Master license system—Existing licenses or permits registered under, when. Short title. Severability—1977 ex.s. c 319. Severability—1982 c 182. Effective date—1977 ex.s. c 319. Construction. Reviser’s note: Throughout chapter 19.02 RCW, the term "this 1977 amendatory act" has been changed to "this chapter." For codification of "this 1977 amendatory act" [1977 ex.s. c 319], see Codification Tables, Volume 0. 19.02.010 Purpose—Intent. Experience under the pilot program of the business coordination act suggests that the number of state licenses required for new businesses and the renewal of existing licenses places an undue burden on business. Studies under this act also show that the state can reduce its costs by coordinating and consolidating application forms, information, and licenses. Therefore, the legislature extends the business coordination act by establishing a business license program and license center to develop and implement the following goals and objectives: (1) The first goal of this system is to provide a convenient, accessible, and timely one-stop system for the business community to acquire and maintain the necessary state licenses to conduct business. This system shall be developed and operated in the most cost-efficient manner for the business community and state. The objectives of this goal are: (a) To provide a service whereby information is available to the business community concerning all state licensing and regulatory requirements, and to the extent feasible, include local and federal information concerning the same regulated activities; (b) To provide a system which will enable state agencies to efficiently store, retrieve, and exchange license information with due regard to privacy statutes; to issue and renew master licenses where such licenses are appropriate; and to provide appropriate support services for this objective; (c) To provide at designated locations one consolidated application form to be completed by any given applicant; and (d) To provide a statewide system of common business identification. (2) The second goal of this system is to aid business and the growth of business in Washington state by instituting a master license system that will reduce the paperwork burden on business, and promote the elimination of obsolete and duplicative licensing requirements by consolidating existing licenses and applications. It is the intent of the legislature that the authority for determining if a requested license shall be issued shall remain with the agency legally authorized to issue the license. It is the further intent of the legislature that those licenses which no longer serve a useful purpose in regulating certain business activities should be eliminated. [1982 c 182 § 1; 1977 ex.s. c 319 § 1.] 19.02.010 19.02.020 Definitions. As used in this chapter, the following words shall have the following meanings: 19.02.020 (2008 Ed.) Business License Center Act (1) "System" means the mechanism by which master licenses are issued and renewed, license and regulatory information is disseminated, and account data is exchanged by the agencies; (2) "Business license center" means the business registration and licensing center established by this chapter and located in and under the administrative control of the department of licensing; (3) "Master application" means a document incorporating pertinent data from existing applications for licenses covered under this chapter; (4) "Master license" means the single document designed for public display issued by the business license center which certifies state agency license approval and which incorporates the endorsements for individual licenses included in the master license system, which the state requires for any person subject to this chapter; (5) "License" means the whole or part of any agency permit, license, certificate, approval, registration, charter, or any form or permission required by law, including agency rule, to engage in any activity; (6) "Regulatory" means all licensing and other governmental or statutory requirements pertaining to business or professional activities; (7) "Person" means any individual, sole proprietorship, partnership, association, cooperative, corporation, nonprofit organization, state or local government agency, and any other organization required to register with the state to do business in the state and to obtain one or more licenses from the state or any of its agencies; (8) "Director" means the director of licensing; (9) "Department" means the department of licensing; (10) "Regulatory agency" means any state agency, board, commission, or division which regulates one or more professions, occupations, industries, businesses, or activities; (11) "Renewal application" means a document used to collect pertinent data for renewal of licenses covered under this chapter; and (12) "License information packet" means a collection of information about licensing requirements and application procedures custom-assembled for each request. [1993 c 142 § 3; 1992 c 107 § 1; 1982 c 182 § 2; 1979 c 158 § 75; 1977 ex.s. c 319 § 2.] Effective dates—1992 c 107: "(1) Sections 1 through 4, 6, and 8 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 1, 1992. (2) Sections 5 and 7 of this act shall take effect July 1, 1992." [1992 c 107 § 9.] 19.02.030 Center—Created—Duties—Rules. (1) There is created within the department of licensing a business license center. (2) The duties of the center shall include: (a) Developing and administering a computerized onestop master license system capable of storing, retrieving, and exchanging license information with due regard to privacy statutes, as well as issuing and renewing master licenses in an efficient manner; (b) Providing a license information service detailing requirements to establish or engage in business in this state; 19.02.030 (2008 Ed.) 19.02.070 (c) Providing for staggered master license renewal; (d) Identifying types of licenses appropriate for inclusion in the master license system; (e) Recommending in reports to the governor and the legislature the elimination, consolidation, or other modification of duplicative, ineffective, or inefficient licensing or inspection requirements; and (f) Incorporating licenses into the master license system. (3) The director of licensing may adopt under chapter 34.05 RCW such rules as may be necessary to effectuate the purposes of this chapter. [1999 c 240 § 5; 1993 c 142 § 4; 1982 c 182 § 3; 1979 c 158 § 76; 1977 ex.s. c 319 § 3.] 19.02.035 Center to compile and distribute information—Scope. The business license center shall compile information regarding the regulatory programs associated with each of the licenses obtainable under the master license system. This information shall include, at a minimum, a listing of the statutes and administrative rules requiring the licenses and pertaining to the regulatory programs that are directly related to the licensure. For example, for pesticide dealers’ licenses, the information shall include the statutes and rules requiring licensing as well as those pertaining to the subject of registering or distributing pesticides. The business license center shall provide information governed by this section to any person requesting it. Materials used by the center to describe the services provided by the center shall indicate that this information is available upon request. [1982 c 182 § 4.] 19.02.035 19.02.050 Participation of state agencies. The legislature hereby directs the full participation by the following agencies in the implementation of this chapter: (1) Department of agriculture; (2) Secretary of state; (3) Department of social and health services; (4) Department of revenue; (5) Department of fish and wildlife; (6) Department of employment security; (7) Department of labor and industries; (8) Department of community, trade, and economic development; (9) Liquor control board; (10) Department of health; (11) Department of licensing; (12) Parks and recreation commission; (13) Utilities and transportation commission; and (14) Other agencies as determined by the governor. [1997 c 391 § 11; 1994 c 264 § 8; 1989 1st ex.s. c 9 § 317; 1985 c 466 § 38; 1979 c 158 § 78; 1977 ex.s. c 319 § 5.] 19.02.050 Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. Effective date—Severability—1985 c 466: See notes following RCW 43.31.125. 19.02.070 Issuance of licenses—Scope—Master application and fees—Action by regulatory agency, when—Agencies provided information. (1) Any person requiring licenses which have been incorporated into the system shall submit a master application to the department requesting the issuance of the licenses. The master applica19.02.070 [Title 19 RCW—page 3] 19.02.075 Title 19 RCW: Business Regulations—Miscellaneous tion form shall contain in consolidated form information necessary for the issuance of the licenses. (2) The applicant shall include with the application the sum of all fees and deposits required for the requested individual license endorsements as well as the handling fee established under RCW 19.02.075. (3) Irrespective of any authority delegated to the department of licensing to implement the provisions of this chapter, the authority for approving issuance and renewal of any requested license that requires a prelicensing or renewal investigation, inspection, testing, or other judgmental review by the regulatory agency otherwise legally authorized to issue the license shall remain with that agency. The business license center has the authority to issue those licenses for which proper fee payment and a completed application form have been received and for which no prelicensing or renewal approval action is required by the regulatory agency. (4) Upon receipt of the application and proper fee payment for any license for which issuance is subject to regulatory agency action under subsection (3) of this section, the department shall immediately notify the regulatory agency with authority to approve issuance or renewal of the license requested by the applicant. Each regulatory agency shall advise the department within a reasonable time after receiving the notice: (a) That the agency approves the issuance of the requested license and will advise the applicant of any specific conditions required for issuing the license; (b) that the agency denies the issuance of the license and gives the applicant reasons for the denial; or (c) that the application is pending. (5) The department shall issue a master license endorsed for all the approved licenses to the applicant and advise the applicant of the status of other requested licenses. It is the responsibility of the applicant to contest the decision regarding conditions imposed or licenses denied through the normal process established by statute or by the agency with the authority for approving issuance of the license. (6) Regulatory agencies shall be provided information from the master application for their licensing and regulatory functions. [1990 c 264 § 1; 1982 c 182 § 6; 1979 c 158 § 79; 1977 ex.s. c 319 § 7.] Effective date—1990 c 264: "This act shall take effect July 1, 1990. The director of licensing may immediately take such steps as are necessary to ensure that sections 1 and 2 of this act are implemented on their effective date." [1990 c 264 § 5.] 19.02.075 Master application fees—Renewal. (1) The department shall collect a fee of fifteen dollars on each master application. The entire master application fee shall be deposited in the master license fund. (2) The department shall collect a fee of nine dollars on each renewal application. Renewal application fees shall be deposited in the master license fund. [1995 c 403 § 1007; 1992 c 107 § 2; 1990 c 264 § 2.] 19.02.075 Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328. Part headings not law—Severability—1995 c 403: See RCW 43.05.903 and 43.05.904. Effective dates—1992 c 107: See note following RCW 19.02.020. Effective date—1990 c 264: See note following RCW 19.02.070. [Title 19 RCW—page 4] 19.02.080 Licensing fees—Disposition of. All fees collected under the system shall be deposited with the state treasurer. Upon issuance or renewal of the master license or supplemental licenses, the department shall distribute the fees, except for fees covered under RCW 19.02.210 and for fees covered under RCW 19.80.075, to the appropriate accounts under the applicable statutes for those agencies’ licenses. [1992 c 107 § 3; 1982 c 182 § 7.] 19.02.080 Effective dates—1992 c 107: See note following RCW 19.02.020. 19.02.085 Licensing fees—Master license delinquency fee—Rate—Disposition. To encourage timely renewal by applicants, a master license delinquency fee shall be imposed on licensees who fail to renew by the master license expiration date. The master license delinquency fee shall be the lesser of one hundred fifty dollars or fifty percent of a base comprised of the licensee’s renewal fee minus corporate licensing taxes, corporation annual report fee, and any interest fees or penalties charged for late taxes or corporate renewals. The master license delinquency fee shall be added to the renewal fee and paid by the licensee before a master license shall be renewed. The delinquency fee shall be deposited in the master license fund. [1992 c 107 § 5; 1989 c 170 § 1; 1982 c 182 § 9.] 19.02.085 Effective dates—1992 c 107: See note following RCW 19.02.020. 19.02.090 Master license—Expiration date—Prorated fees—Conditions of renewal. (1) The department shall assign an expiration date for each master license. All renewable licenses endorsed on that master license shall expire on that date. License fees shall be prorated to accommodate the staggering of expiration dates. (2) All renewable licenses endorsed on a master license shall be renewed by the department under conditions originally imposed unless a regulatory agency advises the department of conditions or denials to be imposed before the endorsement is renewed. [1982 c 182 § 8.] 19.02.090 19.02.100 Master license—Issuance or renewal— Denial. (1) The department shall not issue or renew a master license to any person if: (a) The person does not have a valid tax registration, if required; (b) The person is a corporation delinquent in fees or penalties owing to the secretary of state or is not validly registered under Title 23B RCW, chapter 18.100 RCW, Title 24 RCW, and any other statute now or hereafter adopted which gives corporate or business licensing responsibilities to the secretary of state; or (c) The person has not submitted the sum of all fees and deposits required for the requested individual license endorsements, any outstanding master license delinquency fee, or other fees and penalties to be collected through the system. (2) Nothing in this section shall prevent registration by the state of an employer for the purpose of paying an employee of that employer industrial insurance or unemployment insurance benefits. (3) The department shall immediately suspend the license or certificate of a person who has been certified pur19.02.100 (2008 Ed.) Business License Center Act suant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department’s receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order. [1997 c 58 § 865; 1991 c 72 § 8; 1982 c 182 § 10.] *Reviser’s note: 1997 c 58 § 887 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 19.02.110 Master license—System to include additional licenses. In addition to the licenses processed under the master license system prior to April 1, 1982, on July 1, 1982, use of the master license system shall be expanded as provided by this section. Applications for the following shall be filed with the business license center and shall be processed, and renewals shall be issued, under the master license system: (1) Nursery dealer’s licenses required by chapter 15.13 RCW; (2) Seed dealer’s licenses required by chapter 15.49 RCW; (3) Pesticide dealer’s licenses required by chapter 15.58 RCW; (4) Shopkeeper’s licenses required by chapter 18.64 RCW; (5) Egg dealer’s licenses required by chapter 69.25 RCW. [2007 c 52 § 1; 2000 c 171 § 43; 1988 c 5 § 3; 1982 c 182 § 11.] 19.02.110 19.02.200 Center as secretary of state’s agent for corporate renewals—Proposals for—Schedule. See RCW 43.07.200. 19.02.200 19.02.210 Master license fund. The master license fund is created in the state treasury. Unless otherwise indicated in RCW 19.02.075, all receipts from handling and master license delinquency fees shall be deposited into the fund. Moneys in the fund may be spent only after appropriation beginning in fiscal year 1993. Expenditures from the fund may be used only to administer the master license services program. [1992 c 107 § 4.] 19.02.210 19.02.310 (2) By January 31, 1997, the department shall make an interim report to the legislature on the progress of the pilot combined licensing project. (3) By January 31, 1998, the department shall have evaluated the pilot combined licensing project and reported to the legislature with a plan for transition of the pilot project into an ongoing program. The transition plan shall include cost, funding sources, and staffing needs for the ongoing program. (4) Upon approval and continued funding of the transition plan by the legislature under this section, the master license system shall implement a transition from the pilot program to the ongoing program. [1995 c 403 § 1006.] Findings—1995 c 403: "The master license system of the department of licensing is a proven, progressive program for one-stop state licensing. This flexible system should be expanded into a statewide shared database to facilitate combined licensing processes at local, state, and federal levels as a benefit to the business community through improved customer service. In order to achieve this goal the department of licensing should expand the license information management system, offered by the master license system, to include local and federal licensing requirements, making this information readily accessible at appropriate locations throughout the state. In addition, the department should develop a pilot program expanding the capabilities of the master licensing [license] system to local and federal levels in an efficient manner; and provide access to the expanded master licensing [license] system for all jurisdictions within the state of Washington." [1995 c 403 § 1001.] Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328. Part headings not law—Severability—1995 c 403: See RCW 43.05.903 and 43.05.904. 19.02.300 Contract to issue conditional federal employer identification numbers, credentials, and documents—Issuance in conjunction with license applications. (1) The director may contract with the federal internal revenue service, or other appropriate federal agency, to issue conditional federal employer identification numbers, or other federal credentials or documents, at specified offices and locations of the agency in conjunction with any application for state licenses under this chapter. (2) To the extent permitted by any contract entered under subsection (1) of this section, the department may contract, under chapter 39.34 RCW, with any agency of state or local government which is participating in the master licensing program to issue conditional federal employer identification numbers, or other federal credentials or documents, in conjunction with applications for state licenses under this chapter. [1997 c 51 § 2.] 19.02.300 Effective dates—1992 c 107: See note following RCW 19.02.020. Intent—1997 c 51: "The legislature intends to simplify the process of registering and licensing businesses in this state by authorizing state agencies to provide consolidated forms, instructions, service locations, and other operations whenever coordination of these functions would benefit individual businesses and the business community of this state. To further this goal, agencies participating in the master business license program should be able to contract with the federal internal revenue service, or other appropriate federal agency, to issue a conditional federal employer identification number, or other federal credentials or documents, at the same time that a business applies for registration or licensing with any state agency." [1997 c 51 § 1.] 19.02.220 Combined licensing project—Report— Evaluation. (1) By June 30, 1997, the department shall have a pilot combined licensing project fully operational in at least two cities within the state of Washington, with at least one city west of the Cascade mountains and at least one city east of the Cascade mountains. 19.02.310 Performance-based grant program. (1) Subject to the availability of amounts appropriated for this specific purpose, the department shall administer a performance-based grant program that provides funding assistance to public agencies that issue business licenses and that wish to join with the department’s master licensing service. 19.02.220 (2008 Ed.) 19.02.310 [Title 19 RCW—page 5] 19.02.800 Title 19 RCW: Business Regulations—Miscellaneous (2) The department may determine among interested grant applicants the order and the amount of the grant. In making grant determinations, consideration must be given, but not limited to, the following criteria: Readiness of the public agency to participate; the number of renewable licenses; and the reduced regulatory impact to businesses subject to licensure relative to the overall investment required by the department. (3) The department shall invite and encourage participation by all Washington city and county governments having interests or responsibilities relating to business licensing. (4) The total amount of grants provided under this section may not exceed seven hundred fifty thousand dollars in any one fiscal year. (5) The source of funds for this grant program is the master license account. [2005 c 201 § 1.] 19.02.800 Master license system—Certain business or professional activity licenses exempt. Except as provided in RCW 43.07.200, the provisions of this chapter regarding the processing of license applications and renewals under a master license system shall not apply to those business or professional activities that are licensed or regulated under chapter 31.04, 31.12, *31.12A, or 31.13 RCW or under Title 30, 32, 33, or 48 RCW. [2000 c 171 § 44; 1982 c 182 § 17.] 19.02.800 *Reviser’s note: Chapter 31.12A RCW was repealed by 1996 c 5 § 7, effective December 31, 2000. ally construed in order to carry out its purposes. [1982 c 182 § 16.] Chapter 19.06 Chapter 19.06 RCW BLIND MADE PRODUCTS—SERVICES Sections 19.06.010 19.06.020 19.06.030 19.06.040 Labels—Contents—Requirements—Prohibited acts. Governmental agencies shall purchase goods and services— Conditions. Advertising limitations. Penalty. 19.06.010 Labels—Contents—Requirements—Prohibited acts. Products made by blind persons and sold or distributed in this state as blind made may bear a label affixed directly to the product reading "MADE BY THE BLIND" and shall show the distributor’s or manufacturer’s name. Any product bearing such label shall have been made by blind people to the extent of at least seventy-five percent of the man hours required for its manufacture. No other label, trade name or sales device tending to create the impression that a product is made by blind persons shall be used in connection with the sale or distribution of such product unless the product shall have been made by blind people to the extent of at least seventy-five percent of the man hours required for its manufacture. [1961 c 56 § 1; 1959 c 100 § 1.] 19.06.010 19.06.020 Governmental agencies shall purchase goods and services—Conditions. Any board, commission, officer, employee or other person or persons of the state, or any county, city, town, school district or other agency, political subdivision or taxing district of the state, whose duty it is to purchase materials, supplies, goods, wares, merchandise or produce, or to procure services, for the use of any department or institution within the state, shall make such purchases and procure such services whenever available, from any nonprofit agency for the blind located within the state which manufactures or distributes blind made products: PROVIDED, That the goods and services made by or offered by such agencies shall be equal in quality and price to those available from other sources. [1961 c 56 § 4; 1959 c 100 § 2.] 19.06.020 19.02.810 Master license system—Existing licenses or permits registered under, when. A license or permit affected by chapter 182, Laws of 1982 and otherwise valid on April 1, 1982, need not be registered under the master license system until the renewal or expiration date of that license or permit under the laws in effect prior to April 1, 1982, unless otherwise revoked or suspended. [1982 c 182 § 46.] 19.02.810 19.02.890 Short title. This chapter may be known and cited as the business license center act. [1982 c 182 § 18.] 19.02.890 19.02.900 Severability—1977 ex.s. c 319. If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected. [1977 ex.s. c 319 § 10.] 19.02.900 19.02.901 Severability—1982 c 182. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1982 c 182 § 47.] 19.02.901 19.02.910 Effective date—1977 ex.s. c 319. This 1977 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1977. [1977 ex.s. c 319 § 11.] 19.06.030 Advertising limitations. No advertising of blind made products shall refer to any product which is not blind made, nor shall any such advertising contain or refer to names or pictures of any blind persons or otherwise exploit the blind. [1961 c 56 § 2.] 19.06.030 19.06.040 Penalty. Any violation of this chapter shall be a misdemeanor. [1961 c 56 § 3.] 19.06.040 19.02.910 19.02.920 Construction. The rule of strict construction shall have no application to this chapter and it shall be liber19.02.920 [Title 19 RCW—page 6] Chapter 19.09 Chapter 19.09 RCW CHARITABLE SOLICITATIONS Sections 19.09.010 19.09.020 19.09.065 Purpose. Definitions. Charitable organizations and commercial fund raisers—Registration required—Public record—Registration not endorsement. (2008 Ed.) Charitable Solicitations 19.09.075 19.09.076 19.09.079 19.09.085 19.09.097 19.09.100 19.09.190 19.09.200 19.09.210 19.09.230 19.09.240 19.09.271 19.09.275 19.09.276 19.09.277 19.09.279 19.09.305 19.09.315 19.09.340 19.09.355 19.09.400 19.09.410 19.09.420 19.09.430 19.09.440 19.09.500 19.09.510 19.09.520 19.09.530 19.09.540 19.09.550 19.09.560 19.09.910 19.09.911 19.09.912 19.09.913 19.09.914 19.09.915 Charitable organizations—Application for registration—Contents—Fee. Charitable organizations—Application for registration— Exemptions—Soliciting contributions. Commercial fund raisers—Application for registration—Contents—Fee. Registration—Duration—Change—Notice to reregister. Contract with commercial fund raiser—Limitations—Registration form—Contents—Copy—Fee. Conditions applicable to solicitations. Commercial fund raisers—Surety bond. Books, records, and contracts. Financial statements. Using the name, symbol, or emblem of another entity—Filing. Using similar name, symbol, emblem, or statement. Failure to register—Late filing fee—Notice to attorney general. Violations—Penalties. Waiver of rule-set penalties—Notice by organization seeking relief—Investigation. Violations—Attorney general—Cease and desist order—Temporary order. Violations—Secretary of state—Penalty—Hearing—Recovery in superior court. Service on secretary when registrant not found—Procedure— Fee—Costs. Forms and procedures—Filing of financial statement—Publications—Fee. Violations deemed unfair practice under chapter 19.86 RCW—Application of chapter 9.04 RCW—Procedure. Moneys to be transmitted to general fund. Attorney general—Investigations—Publication of information. Attorney general—Investigations—Powers—Superior court may compel. Copies of information for attorney general. Administrative procedure act to govern administration. Annual report by secretary of state. Charitable organizations—Financial reports and information. Charitable organization education program. Charitable organization education program—Fees. Charitable organization education account. Rules—Tiered independent financial reporting. Charitable advisory council. Reciprocal agreements with other states. Severability—1973 1st ex.s. c 13. Severability—1983 c 265. Effective date—1983 c 265. Effective date—1986 c 230. Severability—1993 c 471. Effective date—1993 c 471. Fees—Charitable trusts—Charitable solicitations: RCW 43.07.125. Telephone, solicitation regulated: RCW 80.36.390. 19.09.010 Purpose. The purpose of this chapter is to: (1) Provide citizens of the state of Washington with information relating to persons and organizations who solicit funds from the public for public charitable purposes in order to prevent (a) deceptive and dishonest practices in the conduct of soliciting funds for or in the name of charity; and (b) improper use of contributions intended for charitable purposes; (2) Improve the transparency and accountability of organizations that solicit funds from the public for charitable purposes; and (3) Develop and operate educational programs or partnerships for charitable organizations, board members, and the general public that help build public confidence and trust in organizations that solicit funds from the public for charitable purposes. [2007 c 471 § 1; 1986 c 230 § 1; 1973 1st ex.s. c 13 § 1.] 19.09.010 19.09.020 Definitions. When used in this chapter, unless the context otherwise requires: 19.09.020 (2008 Ed.) 19.09.020 (1) A "bona fide officer or employee" of a charitable organization is one (a) whose conduct is subject to direct control by such organization; (b) who does not act in the manner of an independent contractor in his or her relation with the organization; and (c) whose compensation is not computed on funds raised or to be raised. (2) "Charitable organization" means any entity that solicits or collects contributions from the general public where the contribution is or is purported to be used to support a charitable purpose, but does not include any commercial fund raiser, commercial fund-raising entity, commercial coventurer, or any fund-raising counsel, as defined in this section. Churches and their integrated auxiliaries are not charitable organizations, but are subject to RCW 19.09.100 (12), (15), and (18). (3) "Charitable purpose" means any religious, charitable, scientific, testing for public safety, literary, or educational purpose or any other purpose that is beneficial to the community, including environmental, humanitarian, patriotic, or civic purposes, the support of national or international amateur sports competition, the prevention of cruelty to children or animals, the advancement of social welfare, or the benefit of law enforcement personnel, firefighters, and other persons who protect public safety. The term "charitable" is used in its generally accepted legal sense and includes relief of the poor, the distressed, or the underprivileged; advancement of religion; advancement of education or science; erecting or maintaining public buildings, monuments, or works; lessening the burdens of government; lessening neighborhood tensions; eliminating prejudice and discrimination; defending human and civil rights secured by law; and combating community deterioration and juvenile delinquency. (4) "Commercial coventurer" means any individual or corporation, partnership, sole proprietorship, limited liability company, limited partnership, limited liability partnership, or any other legal entity, that: (a) Is regularly and primarily engaged in making sales of goods or services for profit directly to the general public; (b) Is not otherwise regularly or primarily engaged in making charitable solicitations in this state or otherwise raising funds in this state for one or more charitable organizations; (c) Represents to prospective purchasers that, if they purchase a good or service from the commercial coventurer, a portion of the sales price or a sum of money or some other specified thing of value will be donated to a named charitable organization; and (d) Does not ask purchasers to make checks or other instruments payable to a named charitable organization or any entity other than the commercial coventurer itself under its regular commercial name. (5) "Commercial fund raiser" or "commercial fund-raising entity" means any entity that for compensation or other consideration within this state directly or indirectly solicits or receives contributions for or on behalf of any charitable organization or charitable purpose, or that is engaged in the business of or is held out to persons in this state as independently engaged in the business of soliciting or receiving contributions for such purposes. However, a commercial coventurer, fund-raising counsel, or consultant is not a commercial fund raiser or commercial fund-raising entity. [Title 19 RCW—page 7] 19.09.065 Title 19 RCW: Business Regulations—Miscellaneous (6) "Compensation" means salaries, wages, fees, commissions, or any other remuneration or valuable consideration. (7) "Contribution" means the payment, donation, promise, or grant, for consideration or otherwise, of any money or property of any kind or value which contribution is wholly or partly induced by a solicitation. Reference to dollar amounts of "contributions" or "solicitations" in this chapter means in the case of payments or promises to pay for merchandise or rights of any description, the value of the total amount paid or promised to be paid for such merchandise or rights. (8) "Cost of solicitation" means and includes all direct and indirect costs, expenditures, debts, obligations, salaries, wages, commissions, fees, or other money or thing of value paid or incurred in making a solicitation. (9) "Entity" means an individual, organization, group, association, partnership, corporation, agency or unit of state government, or any combination thereof. (10) "Fund-raising counsel" or "consultant" means any entity or individual who is retained by a charitable organization, for a fixed fee or rate, that is not computed on a percentage of funds raised, or to be raised, under a written agreement only to plan, advise, consult, or prepare materials for a solicitation of contributions in this state, but who does not manage, conduct, or carry on a fund-raising campaign and who does not solicit contributions or employ, procure, or engage any compensated person to solicit contributions, and who does not at any time have custody or control of contributions. A volunteer, employee, or salaried officer of a charitable organization maintaining a permanent establishment or office in this state is not a fund-raising counsel. An attorney, investment counselor, or banker who advises an individual, corporation, or association to make a charitable contribution is not a fund-raising counsel as a result of the advice. (11) "General public" or "public" means any individual located in Washington state without a membership or other official relationship with a charitable organization before a solicitation by the charitable organization. (12) "Membership" means that for the payment of fees, dues, assessments, etc., an organization provides services and confers a bona fide right, privilege, professional standing, honor, or other direct benefit, in addition to the right to vote, elect officers, or hold office. The term "membership" does not include those persons who are granted a membership upon making a contribution as the result of solicitation. (13) "Other employee" of a charitable organization means any person (a) whose conduct is subject to direct control by such organization; (b) who does not act in the manner of any independent contractor in his or her relation with the organization; and (c) who is not engaged in the business of or held out to persons in this state as independently engaged in the business of soliciting contributions for charitable purposes or religious activities. (14) "Political organization" means those organizations whose activities are subject to chapter 42.17 RCW or the Federal Elections Campaign Act of 1971, as amended. (15) "Religious organization" means those entities that are not churches or integrated auxiliaries and includes nondenominational ministries, interdenominational and ecumenical organizations, mission organizations, speakers’ organizations, faith-based social agencies, and other entities whose [Title 19 RCW—page 8] principal purpose is the study, practice, or advancement of religion. (16) "Secretary" means the secretary of state. (17) "Signed" means hand-written, or, if the secretary adopts rules facilitating electronic filing that pertain to this chapter, in the manner prescribed by those rules. (18)(a) "Solicitation" means any oral or written request for a contribution, including the solicitor’s offer or attempt to sell any property, rights, services, or other thing in connection with which: (i) Any appeal is made for any charitable purpose; (ii) The name of any charitable organization is used as an inducement for consummating the sale; or (iii) Any statement is made that implies that the whole or any part of the proceeds from the sale will be applied toward any charitable purpose or donated to any charitable organization. (b) The solicitation shall be deemed completed when made, whether or not the person making it receives any contribution or makes any sale. (c) "Solicitation" does not include bingo activities, raffles, and amusement games conducted under chapter 9.46 RCW and applicable rules of the Washington state gambling commission. [2007 c 471 § 2; 2002 c 74 § 1; 1993 c 471 § 1; 1986 c 230 § 2; 1983 c 265 § 1; 1979 c 158 § 80; 1977 ex.s. c 222 § 1; 1974 ex.s. c 106 § 1; 1973 1st ex.s. c 13 § 2.] Captions not law—2002 c 74: "Section captions used in this act are not part of the law." [2002 c 74 § 21.] 19.09.065 Charitable organizations and commercial fund raisers—Registration required—Public record— Registration not endorsement. (1) All charitable organizations and commercial fund raisers shall register with the secretary prior to conducting any solicitations. (2) Failure to register as required by this chapter is a violation of this chapter. (3) Information provided to the secretary pursuant to this chapter shall be a public record except as otherwise stated in this chapter. (4) Registration shall not be considered or be represented as an endorsement by the secretary or the state of Washington. [1993 c 471 § 2; 1986 c 230 § 3; 1983 c 265 § 4.] 19.09.065 19.09.075 Charitable organizations—Application for registration—Contents—Fee. An application for registration as a charitable organization shall be submitted in the form prescribed by rule by the secretary, containing, but not limited to, the following: (1) The name, address, and telephone number of the charitable organization; (2) The name(s) under which the organization will solicit contributions; (3) The name, address, and telephone number of the officers of or persons accepting responsibility for the organization; (4) The names of the three officers or employees receiving the greatest amount of compensation from the organization; (5) The purpose of the organization; (6)(a) Whether the organization is exempt from federal income tax; and if so the organization shall attach to its appli19.09.075 (2008 Ed.) Charitable Solicitations cation a copy of the letter by which the internal revenue service granted such status; and (b) The name and address of the entity that prepares, reviews, or audits the financial statement of the organization; (7) A solicitation report of the organization for the preceding accounting year including: (a) The types of solicitations conducted; (b) The total dollar value of contributions received from solicitations and from all other sources received on behalf of the charitable purpose of the charitable organization; (c) The total amount of money applied to charitable purposes, fund raising costs, and other expenses; and (d) The name, address, and telephone number of any commercial fund raiser used by the organization; (8) An irrevocable appointment of the secretary to receive service of process in noncriminal proceedings as provided in RCW 19.09.305; and (9) The total revenue of the preceding fiscal year. The solicitation report required to be submitted under subsection (7) of this section shall be in the form prescribed by rule by the secretary, or as agreed to by the secretary and a charitable organization. The president, treasurer, or comparable officer of the organization must sign and date the application. The application shall be submitted with a nonrefundable filing fee which shall be in an amount to be established by the secretary by rule. In determining the amount of this application fee, the secretary may consider factors such as the entity’s annual budget and its federal income tax status. If the secretary determines that the application is complete, the application shall be filed and the applicant deemed registered. [2007 c 471 § 3; 2002 c 74 § 2; 1993 c 471 § 3; 1986 c 230 § 4; 1983 c 265 § 5.] Captions not law—2002 c 74: See note following RCW 19.09.020. 19.09.076 Charitable organizations—Application for registration—Exemptions—Soliciting contributions. (1) The application requirements of RCW 19.09.075 do not apply to: (a) Any charitable organization raising less than an amount as set by rule adopted by the secretary in any accounting year when all the activities of the organization, including all fund raising activities, are carried on by persons who are unpaid for their services and no part of the charitable organization’s assets or income inures to the benefit of or is paid to any officer or member of the organization; (b) Political organizations; or (c) Appeals for funds on behalf of a specific individual named in the solicitation, but only if all of the proceeds of the solicitation are given to or expended for the direct benefit of that individual. (2) All entities soliciting contributions for charitable purposes shall comply with the requirements of RCW 19.09.100. [2007 c 471 § 4; 1994 c 287 § 1; 1993 c 471 § 4; 1986 c 230 § 5.] 19.09.076 19.09.079 Commercial fund raisers—Application for registration—Contents—Fee. An application for registration as a commercial fund raiser shall be submitted in the form prescribed by the secretary, containing, but not limited to, the following: 19.09.079 (2008 Ed.) 19.09.085 (1) The name, address, and telephone number of the commercial fund-raising entity; (2) The name(s), address(es), and telephone number(s) of the owner(s) and principal officer(s) of the commercial fund-raising entity; (3) The name, address, and telephone number of the individual responsible for the activities of the commercial fundraising entity in Washington; (4) The names of the three officers or employees receiving the greatest amount of compensation from the commercial fund-raising entity; (5) The name and address of the entity that prepares, reviews, or audits the financial statement of the organization; (6) A solicitation report of the commercial fund-raising entity for the preceding accounting year, including: (a) The types of fund raising services conducted; (b) The names of charitable organizations required to register under RCW 19.09.065 for whom fund raising services have been performed; (c) The total value of contributions received on behalf of charitable organizations required to register under RCW 19.09.065 by the commercial fund raiser, affiliate of the commercial fund raiser, or any entity retained by the commercial fund raiser; and (d) The amount of money disbursed to charitable organizations for charitable purposes, net of fund raising costs paid by the charitable organization as stipulated in any agreement between charitable organizations and the commercial fund raiser; (7) The name, address, and telephone number of any commercial fund raiser that was retained in the conduct of providing fund raising services; and (8) An irrevocable appointment of the secretary to receive service of process in noncriminal proceedings as provided in RCW 19.09.305. The application shall be signed by an officer or owner of the commercial fund raiser and shall be submitted with a nonrefundable fee in an amount to be established by rule of the secretary. If the secretary determines that the application is complete, the application shall be filed and the applicant deemed registered. [2007 c 471 § 5; 1993 c 471 § 5; 1986 c 230 § 7; 1983 c 265 § 15.] 19.09.085 Registration—Duration—Change— Notice to reregister. (1) Registration under this chapter shall be effective for one year or longer, as established by the secretary. (2) Reregistration required under RCW 19.09.075 or 19.09.079 shall be submitted to the secretary no later than the date established by the secretary by rule. (3) Entities required to register under this chapter shall file a notice of change of information within thirty days of any change in the information contained in RCW 19.09.075 (1) through (9) or 19.09.079 (1) through (7). (4) The secretary shall notify entities registered under this chapter of the need to reregister upon the expiration of their current registration. The notification shall be by mail, sent at least sixty days prior to the expiration of their current registration. Failure to register shall not be excused by a failure of the secretary to mail the notice or by an entity’s failure 19.09.085 [Title 19 RCW—page 9] 19.09.097 Title 19 RCW: Business Regulations—Miscellaneous to receive the notice. [2007 c 471 § 6; 1993 c 471 § 6; 1986 c 230 § 8; 1983 c 265 § 8.] 19.09.097 Contract with commercial fund raiser— Limitations—Registration form—Contents—Copy— Fee. (1) No charitable organization may contract with a commercial fund raiser for any fund raising service or activity unless its contract requires that both parties comply with the law and permits officers of the charity reasonable access to: (a) The fund raisers’ financial records relating to that charitable organization; (b) the fund raisers’ operations including without limitation the right to be present during any telephone solicitation; and (c) the names of all of the fund raisers’ employees or staff who are conducting fund raising or charitable solicitations on behalf of the charitable organization. In addition, the contract shall specify the amount of raised funds that the charitable organization will receive or the method of computing that amount, the amount of compensation of the commercial fund raiser or the method of computing that amount, and whether the compensation is fixed or contingent. (2) Before a charitable organization may contract with a commercial fund raiser for any fund raising service or activity, the charitable organization and commercial fund raiser shall complete and file a registration form with the secretary. The registration shall be filed by the charitable organization in the form prescribed by the secretary. The registration shall contain, but not be limited to, the following information: (a) The name and registration number of the commercial fund raiser; (b) The name of the surety or sureties issuing the bond required by RCW 19.09.190, the aggregate amount of such bond or bonds, the bond number(s), original effective date(s), and termination date(s); (c) The name and registration number of the charitable organization; (d) The name of the representative of the commercial fund raiser who will be responsible for the conduct of the fund raising; (e) The type(s) of service(s) to be provided by the commercial fund raiser; (f) The dates such service(s) will begin and end; (g) The terms of the agreement between the charitable organization and commercial fund raiser relating to: (i) Amount or percentages of amounts to inure to the charitable organization; (ii) Limitations placed on the maximum amount to be raised by the fund raiser, if the amount to inure to the charitable organization is not stated as a percentage of the amount raised; (iii) Costs of fund raising that will be the responsibility of the charitable organization, regardless of whether paid as a direct expense, deducted from the amounts disbursed, or otherwise; and (iv) The manner in which contributions received directly by the charitable organization, not the result of services provided by the commercial fund raiser, will be identified and used in computing the fee owed to the commercial fund raiser; and (h) The names of any entity to which more than ten percent of the total anticipated fund raising cost is to be paid, and 19.09.097 [Title 19 RCW—page 10] whether any principal officer or owner of the commercial fund raiser or relative by blood or marriage thereof is an owner or officer of any such entity. (3) A correct copy of the contract shall be filed with the secretary before the commencement of any campaign. (4) The registration form shall be submitted with a nonrefundable filing fee in an amount to be established by rule of the secretary and shall be signed by an owner or principal officer of the commercial fund raiser and the president, treasurer, or comparable officer of the charitable organization. [2007 c 471 § 7; 1993 c 471 § 7; 1986 c 230 § 10.] 19.09.100 Conditions applicable to solicitations. The following conditions apply to solicitations as defined by RCW 19.09.020: (1) A charitable organization, whether or not required to register pursuant to this chapter, that directly solicits contributions from the public in this state shall make the following clear and conspicuous disclosures at the point of solicitation: (a) The name of the individual making the solicitation; (b) The identity of the charitable organization and the city of the principal place of business of the charitable organization; (c) If requested by the solicitee, the published number in the office of the secretary for the donor to obtain additional financial disclosure information on file with the secretary. (2) A commercial fund raiser shall clearly and conspicuously disclose at the point of solicitation: (a) The name of the individual making the solicitation; (b) The name of the entity for which the fund raiser is an agent or employee and the name and city of the charitable organization for which the solicitation is being conducted; and (c) If requested by the solicitee, the published number in the office of the secretary for the donor to obtain additional financial disclosure information on file with the secretary. The disclosure must be made during an oral solicitation of a contribution, and at the same time at which a written request for a contribution is made. (3) A person or organization soliciting charitable contributions by telephone shall make the disclosures required under subsection (1) or (2) of this section in the course of the solicitation but prior to asking for a commitment for a contribution from the solicitee, and in writing to any solicitee that makes a pledge within five working days of making the pledge. If the person or organization sends any materials to the person or organization solicited before the receipt of any contribution, those materials shall include the disclosures required in subsection (1) or (2) of this section, whichever is applicable. (4) In the case of a solicitation by advertisement or mass distribution, including posters, leaflets, automatic dialing machines, publication, and audio or video broadcasts, it shall be clearly and conspicuously disclosed in the body of the solicitation material that: (a) The solicitation is conducted by a named commercial fund raiser, if it is; (b) The notice of solicitation required by the charitable solicitation act is on file with the secretary’s office; and 19.09.100 (2008 Ed.) Charitable Solicitations (c) The potential donor can obtain additional financial disclosure information at a published number in the office of the secretary. (5) A container or vending machine displaying a solicitation must also display in a clear and conspicuous manner the name of the charitable organization for which funds are solicited, the name, business address, and telephone number of the individual and any commercial fund raiser responsible for collecting funds placed in the containers or vending machines, and the following statement: "This charity is currently registered with the secretary’s office under the charitable solicitation act, registration number . . . ." (6) A commercial fund raiser shall not represent that tickets to any fund raising event will be donated for use by another person unless all the following requirements are met: (a) The commercial fund raiser prior to conducting a solicitation has written commitments from persons stating that they will accept donated tickets and specifying the number of tickets they will accept; (b) The written commitments are kept on file by the commercial fund raiser for three years and are made available to the secretary, attorney general, or county prosecutor on demand; (c) The contributions solicited for donated tickets may not be more than the amount representing the number of ticket commitments received from persons and kept on file under (a) of this subsection; and (d) Not later than seven calendar days prior to the date of the event for which ticket donations are solicited, the commercial fund raiser shall give all donated tickets to the persons who made the written commitments to accept them. (7) Each person or organization soliciting charitable contributions shall not represent orally or in writing that: (a) The charitable contribution is tax deductible unless the charitable organization for which charitable contributions are being solicited or to which tickets for fund raising events or other services or goods will be donated, has applied for and received from the internal revenue service a letter of determination granting tax deductible status to the charitable organization; (b) The person soliciting the charitable contribution is a volunteer or words of similar meaning or effect that create the impression that the person soliciting is not a paid solicitor unless such person is unpaid for his or her services; (c) The person soliciting the charitable contribution is a member, staffer, helper, or employee of the charitable organization or words of similar meaning or effect that create the impression that the person soliciting is not a paid solicitor if the person soliciting is employed, contracted, or paid by a commercial fund raiser. (8) If the charitable organization is associated with, or has a name that is similar to, any unit of government each person or organization soliciting contributions shall disclose to each person solicited whether the charitable organization is or is not part of any unit of government and the true nature of its relationship to the unit of government. This subsection does not apply to a foundation or other charitable organization that is organized, operated, or controlled by or in connection with a registered public charity, including any governmental agency or unit, from which it derives its name. (2008 Ed.) 19.09.100 (9) No person may, in conducting any solicitation, use the name "police," "sheriff," "firefighter," "firefighters," or a similar name unless properly authorized by a bona fide police, sheriff, or firefighter organization or police, sheriff, or fire department. A proper authorization shall be in writing and signed by two authorized officials of the organization or department and shall be filed with the secretary. (10) A person may not, in conducting any solicitation, use the name of a federally chartered or nationally recognized military veterans’ service organization as determined by the United States veterans’ administration unless authorized in writing by the highest ranking official of that organization in this state. (11) A charitable organization shall comply with all local governmental regulations that apply to soliciting for or on behalf of charitable organizations. (12) An entity soliciting contributions for a charitable purpose shall not include in any solicitation, or in any advertising material for a solicitation, or in any promotional plan for a solicitation, any statement that is false, misleading, or deceptive. All solicitations, advertising material, and promotional plans must fully and fairly disclose the identity of the entity on whose behalf the solicitation is made. (13) Solicitations shall not be conducted by a charitable organization or commercial fund raiser that has, or if a corporation, its officers, directors, or principals have, been convicted of a crime involving solicitations for or on behalf of a charitable organization in this state, the United States, or any other state or foreign country within the past ten years or has been subject to any permanent injunction or administrative order or judgment under RCW 19.86.080 or 19.86.090, involving a violation or violations of RCW 19.86.020, within the past ten years, or of restraining a false or misleading promotional plan involving solicitations for charitable organizations. (14) No charitable organization or commercial fund raiser subject to this chapter may use or exploit the fact of registration under this chapter so as to lead the public to believe that registration constitutes an endorsement or approval by the state, but the use of the following is not deemed prohibited: "Currently registered with the Washington state secretary of state as required by law. Registration number . . . ." (15) No entity may engage in any solicitation for contributions for or on behalf of any charitable organization or commercial fund raiser unless the charitable organization or commercial fund raiser is currently registered with the secretary. (16) No charitable organization or commercial fundraiser may engage in any solicitation for contributions unless it complies with all provisions of this chapter. (17) No entity may place a telephone call to a donor or potential donor for the purpose of charitable solicitation before eight o’clock a.m. or after nine o’clock p.m. pacific time. (18) No entity may, when contacting a donor or potential donor for the purpose of charitable solicitation, engage in any conduct the natural consequence of which is to harass, intimidate, or torment any person in connection with the contact. (19) Failure to comply with subsections (1) through (18) of this section is a violation of this chapter. [2007 c 471 § 8; [Title 19 RCW—page 11] 19.09.190 Title 19 RCW: Business Regulations—Miscellaneous 2007 c 218 § 64; 1994 c 287 § 2; 1993 c 471 § 9; 1986 c 230 § 11; 1983 c 265 § 9; 1982 c 227 § 7; 1977 ex.s. c 222 § 6; 1974 ex.s. c 106 § 3; 1973 1st ex.s. c 13 § 10.] Reviser’s note: This section was amended by 2007 c 218 § 64 and by 2007 c 471 § 8, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Intent—Finding—2007 c 218: See note following RCW 1.08.130. Effective date—1982 c 227: "Sections 5 and 6 of this act shall take effect June 30, 1983. The remaining sections of this act are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect March 1, 1982." [1982 c 227 § 25.] 19.09.190 19.09.190 Commercial fund raisers—Surety bond. Every commercial fund raiser who (1) directly or indirectly receives contributions from the public on behalf of any charitable organization; or (2) is compensated based upon funds raised or to be raised, number of solicitations made or to be made, or any other similar method; or (3) incurs or is authorized to incur expenses on behalf of the charitable organization; or (4) has not been registered with the secretary as a commercial fund raiser for the preceding accounting year shall execute a surety bond as principal with one or more sureties whose liability in the aggregate as such sureties will equal at least fifteen thousand dollars. The secretary may, by rule, provide for the reduction and reinstatement of the bond required by this section. The issuer of the surety bond shall be licensed to do business in this state, and shall promptly notify the secretary when claims or payments are made against the bond or when the bond is canceled. The bond shall be filed with the secretary in the form prescribed by the secretary. The bond shall run to the state and to any person who may have a cause of action against the obligor of said bond for any malfeasance, misfeasance, or deceptive practice in the conduct of such solicitation. [1993 c 471 § 10; 1986 c 230 § 16; 1983 c 265 § 16; 1982 c 227 § 8; 1977 ex.s. c 222 § 9; 1973 1st ex.s. c 13 § 19.] Effective date—1982 c 227: See note following RCW 19.09.100. 19.09.200 19.09.200 Books, records, and contracts. (1) Charitable organizations and commercial fund raisers shall maintain accurate, current, and readily available books and records at their usual business locations until at least three years have elapsed following the effective period to which they relate. (2) All contracts between commercial fund raisers and charitable organizations shall be in writing, and true and correct copies of such contracts or records thereof shall be kept on file in the various offices of the charitable organization and the commercial fund raiser for a three-year period. Such records and contracts shall be available for inspection and examination by the attorney general or by the county prosecuting attorney. A copy of such contract or record shall be submitted by the charitable organization or commercial fund raiser, within ten days, following receipt of a written demand therefor from the attorney general or county prosecutor. [1993 c 471 § 11; 1986 c 230 § 12; 1982 c 227 § 9; 1973 1st ex.s. c 13 § 20.] Effective date—1982 c 227: See note following RCW 19.09.100. [Title 19 RCW—page 12] 19.09.210 Financial statements. Upon the request of the attorney general or the county prosecutor, a charitable organization or commercial fund raiser shall submit a financial statement containing, but not limited to, the following information: (1) The gross amount of the contributions pledged and the gross amount collected. (2) The amount thereof, given or to be given to charitable purposes represented together with details as to the manner of distribution as may be required. (3) The aggregate amount paid and to be paid for the expenses of such solicitation. (4) The amounts paid to and to be paid to commercial fund raisers or charitable organizations. (5) Copies of any annual or periodic reports furnished by the charitable organization of its activities during or for the same fiscal period. [2007 c 471 § 9; 1993 c 471 § 12; 1986 c 230 § 13; 1983 c 265 § 10; 1982 c 227 § 10; 1977 ex.s. c 222 § 10; 1975 1st ex.s. c 219 § 1; 1973 1st ex.s. c 13 § 21.] 19.09.210 Effective date—1982 c 227: See note following RCW 19.09.100. 19.09.230 Using the name, symbol, or emblem of another entity—Filing. No charitable organization, commercial fund raiser, or other entity may knowingly use the identical or deceptively similar name, symbol, or emblem of any other entity for the purpose of soliciting contributions from persons in this state without the written consent of such other entity. If the official name or the "doing business name" being registered is the same or deceptively similar as that of another entity, the secretary may request that a copy of the written consent from that entity be filed with the registration. Such consent may be deemed to have been given by anyone who is a director, trustee, or other authorized officer of that entity. A copy of the written consent must be kept on file by the charitable organization or commercial fund raiser and made available to the secretary, attorney general, or county prosecutor upon demand. A person may be deemed to have used the name of another person for the purpose of soliciting contributions if such latter person’s name is listed on any stationery, advertisement, brochure, or correspondence of the charitable organization or person or if such name is listed or represented to any one who has contributed to, sponsored, or endorsed the charitable organization or person, or its or his activities. The secretary may revoke or deny any application for registration that violates this section. [1994 c 287 § 3; 1993 c 471 § 13; 1986 c 230 § 14; 1982 c 227 § 11; 1973 1st ex.s. c 13 § 23.] 19.09.230 Effective date—1982 c 227: See note following RCW 19.09.100. 19.09.240 Using similar name, symbol, emblem, or statement. No charitable organization, commercial fund raiser, or other person soliciting contributions for or on behalf of a charitable organization may use a name, symbol, emblem, or statement so closely related or similar to that used by another charitable organization or governmental agency that the use thereof would tend to confuse or mislead the public. The secretary may revoke or deny any application for registration that violates this section. 19.09.240 (2008 Ed.) Charitable Solicitations This section does not apply to a foundation or other charitable organization that is organized, operated, or controlled by or in connection with a registered public charity, including any governmental agency or unit, from which it derives its name. [1993 c 471 § 14; 1986 c 230 § 15; 1973 1st ex.s. c 13 § 24.] 19.09.271 Failure to register—Late filing fee—Notice to attorney general. (1) Any charitable organization or commercial fund raiser who, after notification by the secretary, fails to properly register under this chapter by the end of the first business day following the issuance of the notice, is liable for a late filing fee in an amount to be established by rule of the secretary. The late filing fee is in addition to any other filing fee provided by this chapter. (2) The secretary shall notify the attorney general of any entity liable for late filing fees under subsection (1) of this section. [1993 c 471 § 8; 1986 c 230 § 17.] 19.09.271 19.09.275 Violations—Penalties. (1) Any person who knowingly violates any provision of this chapter or who knowingly gives false or incorrect information to the secretary, attorney general, or county prosecuting attorney in filing statements required by this chapter, whether or not such statement or report is verified is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW. (2) Any person who violates any provisions of this chapter or who gives false or incorrect information to the secretary, attorney general, or county prosecuting attorney in filing statements required by this chapter, whether or not such statement or report is verified, is guilty of a misdemeanor punishable under chapter 9A.20 RCW. [2003 c 53 § 142; 1993 c 471 § 15; 1986 c 230 § 18; 1983 c 265 § 11; 1982 c 227 § 12; 1977 ex.s. c 222 § 14.] 19.09.305 not comply with the requirements for relief, the secretary shall deny the relief and state the reasons for the denial. Notwithstanding chapter 34.05 RCW, a denial of relief by the secretary is not reviewable. [1994 c 287 § 4.] 19.09.277 Violations—Attorney general—Cease and desist order—Temporary order. If it appears to the attorney general that a person has engaged or is about to engage in an act or practice constituting a violation of a provision of this chapter or a rule adopted or order issued under this chapter, the attorney general may, in the attorney general’s discretion, issue an order directing the person to cease and desist from continuing the act or practice. Reasonable notice of and opportunity for a hearing shall be given. The attorney general may issue a temporary order pending the hearing, which shall remain in effect until ten days after the hearing is held and which shall become final if the person to whom the notice is addressed does not request a hearing within fifteen days after the receipt of the notice. [1993 c 471 § 20.] 19.09.277 19.09.275 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Effective date—1982 c 227: See note following RCW 19.09.100. 19.09.276 Waiver of rule-set penalties—Notice by organization seeking relief—Investigation. The secretary may waive penalties that have been set by rule and assessed by the secretary due from a registered charitable organization previously in good standing that would otherwise be penalized. A charitable organization desiring to seek relief under this section must, within fifteen days of discovery by its corporate officials, director, or other authorized officer of the missed filing or lapse, notify the secretary in writing. The notification must include the name and mailing address of the organization, the organization’s officer to whom correspondence should be sent, and a statement under oath by a responsible officer of the organization, setting forth the nature of the missed filing or lapse, the circumstances giving rise to the missed filing or lapse, and the relief sought. Upon receipt of the notice, the secretary shall investigate the circumstances of the missed filing or lapse. If the secretary is satisfied that sufficient exigent or mitigating circumstances exist, that the organization has demonstrated good faith and a reasonable attempt to comply with the applicable corporate statutes of this state, the secretary may issue an order allowing relief from the penalty. If the secretary determines the request does 19.09.276 (2008 Ed.) 19.09.279 Violations—Secretary of state—Penalty— Hearing—Recovery in superior court. (1) The secretary may assess against any person or organization who violates this chapter, or any rule adopted under this chapter, a civil penalty of not more than one thousand dollars for each violation. (2) Such person or organization shall be afforded the opportunity for a hearing, upon request made to the secretary within thirty days after the date of issuance of the notice of assessment. The hearing shall be conducted in accordance with chapter 34.05 RCW. (3) If any person fails to pay an assessment after it has become a final and unappealable order, or after the court has entered final judgment in favor of the state, the attorney general may recover the amount assessed by action in the appropriate superior court. In such action, the validity and appropriateness of the final order imposing the penalty shall not be subject to review. [2002 c 74 § 3; 1993 c 471 § 21.] 19.09.279 Captions not law—2002 c 74: See note following RCW 19.09.020. 19.09.305 Service on secretary when registrant not found—Procedure—Fee—Costs. When a person or an organization registered under this chapter, or its president, treasurer, or comparable officers, cannot be found after reasonably diligent effort, the secretary of state shall be an agent of such person or organization upon whom process may be served. Service on the secretary shall be made by delivering to the secretary or the secretary’s designee duplicate copies of such process, and a filing fee to be established by rule of the secretary. Thereupon, the secretary shall immediately cause one of the copies thereof to be forwarded to the registrant at the most current address shown in the secretary’s files. Any service so had on the secretary shall be returnable in not less than thirty days. Any fee under this section shall be taxable as costs in the action. The secretary shall maintain a record of all process served on the secretary under this section, and shall record the date of service and the secretary’s action with reference thereto. 19.09.305 [Title 19 RCW—page 13] 19.09.315 Title 19 RCW: Business Regulations—Miscellaneous Nothing in this section limits or affects the right to serve process required or permitted to be served on a registrant in any other manner now or hereafter permitted by law. [1993 c 471 § 16; 1983 c 265 § 7.] 19.09.315 Forms and procedures—Filing of financial statement—Publications—Fee. (1) The secretary may establish, by rule, standard forms and procedures for the efficient administration of this chapter. (2) The secretary may provide by rule for the filing of a financial statement by registered entities. (3) The secretary may issue such publications, reports, or information from the records as may be useful to the solicited public and charitable organizations. To defray the costs of any such publication, the secretary is authorized to charge a reasonable fee to cover the costs of preparing, printing, and distributing such publications. [1993 c 471 § 17; 1983 c 265 § 17.] or in the prescribing of rules and forms under this chapter; and (2) Publish information concerning a violation of this chapter or a rule adopted or order issued under this chapter. [1993 c 471 § 18.] 19.09.315 19.09.340 Violations deemed unfair practice under chapter 19.86 RCW—Application of chapter 9.04 RCW—Procedure. (1) The commission by any person of an act or practice prohibited by this chapter is hereby declared to be an unfair act or practice or unfair method of competition in the conduct of trade or commerce for the purpose of application of the Consumer Protection Act, chapter 19.86 RCW. (2) The secretary may refer such evidence, as may be available, concerning violations of this chapter to the attorney general or the prosecuting attorney of the county wherein the alleged violation arose. In addition to any other action they might commence, the attorney general or the county prosecuting attorney may bring an action in the name of the state, with or without such reference, against any person to restrain and prevent the doing of any act or practice prohibited by this chapter: PROVIDED, That this chapter shall be considered in conjunction with chapters 9.04 and 19.86 RCW, as now or hereafter amended, and the powers and duties of the attorney general and the prosecuting attorney as they may appear in the aforementioned chapters, shall apply against all persons subject to this chapter. [1983 c 265 § 12; 1982 c 227 § 13; 1973 1st ex.s. c 13 § 34.] 19.09.340 Effective date—1982 c 227: See note following RCW 19.09.100. 19.09.355 Moneys to be transmitted to general fund. All fees and other moneys received by the secretary of state under this chapter shall be transmitted to the state treasurer for deposit in the state general fund. [1983 c 265 § 18.] 19.09.355 19.09.400 Attorney general—Investigations—Publication of information. The attorney general, in the attorney general’s discretion, may: (1) Annually, or more frequently, make such public or private investigations within or without this state as the attorney general deems necessary to determine whether any registration should be granted, denied, revoked, or suspended, or whether any person has violated or is about to violate a provision of this chapter or any rule adopted or order issued under this chapter, or to aid in the enforcement of this chapter 19.09.400 [Title 19 RCW—page 14] 19.09.410 Attorney general—Investigations—Powers—Superior court may compel. For the purpose of any investigation or proceeding under this chapter, the attorney general or any officer designated by the attorney general may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the attorney general deems relevant or material to the inquiry. In case of willful failure on the part of a person to comply with a subpoena lawfully issued by the attorney general or on the refusal of a witness to testify to matters regarding which the witness may be lawfully interrogated, the superior court of a county, on application of the attorney general and after satisfactory evidence of willful disobedience, may compel obedience by proceedings for contempt, as in the case of disobedience of a subpoena issued from the court or a refusal to testify therein. [1993 c 471 § 19.] 19.09.410 19.09.420 Copies of information for attorney general. The secretary shall provide the attorney general with copies of or direct electronic access to all registrations, reports, or other information filed under this chapter. [1993 c 471 § 23.] 19.09.420 19.09.430 Administrative procedure act to govern administration. The administrative procedure act, chapter 34.05 RCW, shall wherever applicable govern the rights, remedies, and procedures respecting the administration of this chapter. [1993 c 471 § 22.] 19.09.430 19.09.440 Annual report by secretary of state. (1) Annually, the secretary of state shall publish a report indicating: (a) For each charitable organization registered under RCW 19.09.075 the percentage relationship between (i) the total amount of money applied to charitable purposes; and (ii) the dollar value of total expenditures, including the total amount of money applied to charitable purposes, fund-raising costs, and administrative expenses; (b) For each commercial fund raiser registered under RCW 19.09.079 the percentage relationship between (i) the amount of money disbursed to charitable organizations for charitable purposes; and (ii) the total value of contributions received on behalf of charitable organizations by the commercial fund raiser; and (c) Such other information as the secretary of state deems appropriate. (2) The secretary of state may use the latest information obtained pursuant to RCW 19.09.075, 19.09.079, or otherwise under chapter 19.09 RCW to prepare the report. [2007 c 471 § 10; 1993 c 471 § 42.] 19.09.440 19.09.500 Charitable organizations—Financial reports and information. Charitable organizations must 19.09.500 (2008 Ed.) Charitable Solicitations ensure that their boards, or a committee thereof, have reviewed and accepted any financial report that the organization may be required to file with the office of the secretary. Charitable organizations must also ensure that the financial information included in the filing fairly represents, in all material respects, the financial condition and results of operations of the organization as of, and for, the periods presented to the secretary for filing. If the financial information submitted to the secretary is incorrect in any material way, the charitable organization may be subject to penalties as provided under RCW 19.09.279. [2007 c 471 § 11.] 19.09.510 Charitable organization education program. The secretary may, in conjunction with the attorney general, develop and operate an education program for charitable organizations, their board members, and the general public. To the extent practicable, the secretary shall consult with the nonprofit and charitable sector and the charitable advisory council created in RCW 19.09.550 to develop curriculum and other materials intended to educate charitable organizations, their board members, and the general public. [2007 c 471 § 12.] 19.09.510 19.09.520 19.09.520 Charitable organization education program—Fees. (1) To provide for a charitable organization education program as authorized in RCW 19.09.510, the secretary may establish fees on registrations for entities filing with the secretary as organizations pursuant to this chapter. (2) The fees authorized in this section are in addition to the existing fees established by the secretary in rule for organizations required to register under this chapter. [2007 c 471 § 13.] 19.09.530 Charitable organization education account. The charitable organization education account is created in [the] state treasury. All receipts from the fees authorized in RCW 19.09.520(1) must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the charitable organization education program authorized in RCW 19.09.510. [2007 c 471 § 14.] 19.09.530 19.09.540 Rules—Tiered independent financial reporting. The secretary is authorized to adopt rules, in accordance with chapter 34.05 RCW, that establish a set of tiered independent financial reporting requirements for charitable organizations required to register with the secretary pursuant to this chapter. Rules adopted under this section shall include, but not be limited to, substantially the following: (1) An initial filing requirement for all charitable organizations as currently required in this chapter; (2) A financial reporting requirement for charitable organizations that have more than one million dollars in annual gross revenue averaged over the last three fiscal years. The secretary may require charitable organizations that meet this threshold to have the federal financial reporting forms the organization normally files to be completed or reviewed by a third party who normally prepares or reviews the forms in the 19.09.540 (2008 Ed.) 19.09.560 ordinary course of their business. These forms must be submitted to the secretary; and (3) A financial reporting requirement for charitable organizations with more than three million dollars in annual gross revenue averaged over the last three fiscal years. The secretary may require charitable organizations that meet this threshold to submit to the secretary audited financial statements prepared by an independent certified public accountant. [2007 c 471 § 15.] 19.09.550 19.09.550 Charitable advisory council. (1) The secretary is authorized to create a charitable advisory council to consist of at least eleven, but not more than twenty-one, members. Members of a charitable advisory council shall: (a) Be appointed by the secretary, with all members serving at the pleasure of the secretary and all terms expiring no later than the term of the appointing secretary; (b) Represent a broad range of charities by size, purpose, geographic region of the state, and general expertise in the management and leadership of charitable organizations; and (c) Annually vote to elect one of its members to serve as chairperson. (2) The secretary shall not compensate members of the charitable advisory council but may provide reimbursement to members for expenses that are incurred in the conduct of their official duties. (3) The charitable advisory council shall advise the secretary in determining training and educational needs of charitable organizations and model policies related to governance and administration of charitable organizations in accordance with fiduciary principles, assist the secretary in identifying emerging issues and trends affecting charitable organizations, and advise the secretary on other related issues at the request of the secretary. [2007 c 471 § 16.] 19.09.560 19.09.560 Reciprocal agreements with other states. (1) The secretary may enter into reciprocal agreements with the appropriate authority of any other state for the purpose of exchanging information with respect to charitable organizations and commercial fund raisers. (2) Pursuant to such agreements the secretary may: (a) Accept information filed by a charitable organization or commercial fund raisers with the appropriate authority of another state in lieu of the information required to be filed in accordance with this chapter, if the information is substantially similar to the information required under this chapter; and (b) Grant exemptions from the requirements for the filing of annual registration statements with the office to charitable organizations organized under the laws of another state having their principal place of business outside this state whose funds are derived principally from sources outside this state and that have been exempted from the filing of registration statements by the statute under whose laws they are organized if such a state has a statute similar in substance to this chapter. (3) The secretary may adopt rules relating to reciprocal agreements consistent with this section. [2007 c 471 § 17.] [Title 19 RCW—page 15] 19.09.910 Title 19 RCW: Business Regulations—Miscellaneous 19.09.910 Severability—1973 1st ex.s. c 13. The provisions of this chapter are severable, and if any part or provision hereof shall be void, the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this chapter. [1973 1st ex.s. c 13 § 38.] 19.09.910 19.09.911 Severability—1983 c 265. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1983 c 265 § 20.] 19.09.911 19.09.912 Effective date—1983 c 265. With the exception of section 19 of this act, this act shall take effect January 1, 1984. [1983 c 265 § 21.] 19.09.912 Reviser’s note: "Section 19 of this act" is an uncodified appropriation section. 19.16.420 19.16.430 19.16.440 19.16.450 19.16.460 19.16.470 19.16.480 19.16.500 19.16.510 19.16.900 19.16.910 19.16.920 19.16.930 19.16.940 19.16.950 Copy of this chapter, rules and regulations available to licensee. Violations—Operating agency without a license—Penalty— Return of fees or compensation. Violations of RCW 19.16.110 and 19.16.250 are unfair and deceptive trade practices under chapter 19.86 RCW. Violation of RCW 19.16.250—Additional penalty. Violations may be enjoined. Violations—Assurance of discontinuance—Effect. Violation of injunction—Civil penalty. Public bodies may retain collection agencies to collect public debts—Fees. Uniform regulation of business and professions act. Provisions cumulative—Violation of RCW 19.16.250 deemed civil. Severability—1971 ex.s. c 253. Provisions exclusive—Authority of political subdivisions to levy business and occupation taxes not affected. Effective date—1971 ex.s. c 253. Short title. Section headings. 19.16.100 Definitions. Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meanings: (1) "Person" includes individual, firm, partnership, trust, joint venture, association, or corporation. (2) "Collection agency" means and includes: (a) Any person directly or indirectly engaged in soliciting claims for collection, or collecting or attempting to collect claims owed or due or asserted to be owed or due another person; (b) Any person who directly or indirectly furnishes or attempts to furnish, sells, or offers to sell forms represented to be a collection system or scheme intended or calculated to be used to collect claims even though the forms direct the debtor to make payment to the creditor and even though the forms may be or are actually used by the creditor himself or herself in his or her own name; (c) Any person who in attempting to collect or in collecting his or her own claim uses a fictitious name or any name other than his or her own which would indicate to the debtor that a third person is collecting or attempting to collect such claim. (3) "Collection agency" does not mean and does not include: (a) Any individual engaged in soliciting claims for collection, or collecting or attempting to collect claims on behalf of a licensee under this chapter, if said individual is an employee of the licensee; (b) Any individual collecting or attempting to collect claims for not more than one employer, if all the collection efforts are carried on in the name of the employer and if the individual is an employee of the employer; (c) Any person whose collection activities are carried on in his, her, or its true name and are confined and are directly related to the operation of a business other than that of a collection agency, such as but not limited to: Trust companies; savings and loan associations; building and loan associations; abstract companies doing an escrow business; real estate brokers; property management companies collecting assessments, charges, or fines on behalf of condominium unit owners associations, associations of apartment owners, or homeowners’ associations; public officers acting in their official capacities; persons acting under court order; lawyers; insur19.16.100 19.09.913 Effective date—1986 c 230. This act shall take effect on January 1, 1987. [1986 c 230 § 21.] 19.09.913 19.09.914 Severability—1993 c 471. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1993 c 471 § 43.] 19.09.914 19.09.915 Effective date—1993 c 471. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993. [1993 c 471 § 44.] 19.09.915 Chapter 19.16 Chapter 19.16 RCW COLLECTION AGENCIES Sections 19.16.100 19.16.110 19.16.120 19.16.130 19.16.140 19.16.150 19.16.160 19.16.170 19.16.180 19.16.190 19.16.200 19.16.210 19.16.220 19.16.230 19.16.240 19.16.245 19.16.250 19.16.260 19.16.270 19.16.280 19.16.290 19.16.300 19.16.310 19.16.320 19.16.330 19.16.340 19.16.351 19.16.390 19.16.410 Definitions. License required. Unprofessional conduct—Support order, noncompliance. License—Application—Form—Contents. License—Application—Fees—Exemptions. Branch office certificate required. License and branch office certificate—Form—Contents—Display. Procedure upon change of name or business location. Assignability of license or branch office certificate. Surety bond requirements—Cash deposit or securities— Exception. Action on bond, cash deposit or securities. Accounting and payments by licensee to customer. Accounting and payments by customer to licensee. Licensee—Business office—Records to be kept. Licensee—Trust fund account—Exception. Financial statement. Prohibited practices. Licensing prerequisite to suit. Presumption of validity of assignment. Board created—Composition of board—Qualification of members. Board—Initial members—Terms—Oath—Removal. Board meetings—Quorum—Effect of vacancy. Board—Compensation—Reimbursement of travel expenses. Board—Territorial scope of operations. Board—Immunity from suit. Board—Records. Additional powers and duties of board. Personal service of process outside state. Rules, orders, decisions, etc. [Title 19 RCW—page 16] (2008 Ed.) Collection Agencies ance companies; credit unions; loan or finance companies; mortgage banks; and banks; (d) Any person who on behalf of another person prepares or mails monthly or periodic statements of accounts due if all payments are made to that other person and no other collection efforts are made by the person preparing the statements of account; (e) An "out-of-state collection agency" as defined in this chapter; or (f) Any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of the person is not the collection of debts. (4) "Out-of-state collection agency" means a person whose activities within this state are limited to collecting debts from debtors located in this state by means of interstate communications, including telephone, mail, or facsimile transmission, from the person’s location in another state on behalf of clients located outside of this state, but does not include any person who is excluded from the definition of the term "debt collector" under the federal fair debt collection practices act (15 U.S.C. Sec. 1692a(6)). (5) "Claim" means any obligation for the payment of money or thing of value arising out of any agreement or contract, express or implied. (6) "Statement of account" means a report setting forth only amounts billed, invoices, credits allowed, or aged balance due. (7) "Director" means the director of licensing. (8) "Client" or "customer" means any person authorizing or employing a collection agency to collect a claim. (9) "Licensee" means any person licensed under this chapter. (10) "Board" means the Washington state collection agency board. (11) "Debtor" means any person owing or alleged to owe a claim. (12) "Commercial claim" means any obligation for payment of money or thing of value arising out of any agreement or contract, express or implied, where the transaction which is the subject of the agreement or contract is not primarily for personal, family, or household purposes. [2003 c 203 § 1. Prior: 2001 c 47 § 1; 2001 c 43 § 1; 1994 c 195 § 1; 1990 c 190 § 1; 1979 c 158 § 81; 1971 ex.s. c 253 § 1.] 19.16.110 License required. No person shall act, assume to act, or advertise as a collection agency or out-ofstate collection agency as defined in this chapter, except as authorized by this chapter, without first having applied for and obtained a license from the director. Nothing contained in this section shall be construed to require a regular employee of a collection agency or out-ofstate collection agency duly licensed under this chapter to procure a collection agency license. [1994 c 195 § 2; 1971 ex.s. c 253 § 2.] 19.16.110 19.16.120 Unprofessional conduct—Support order, noncompliance. In addition to other provisions of this chap19.16.120 (2008 Ed.) 19.16.120 ter, and the unprofessional conduct described in RCW 18.235.130, the following conduct, acts, or conditions constitute unprofessional conduct: (1) If an individual applicant or licensee is less than eighteen years of age or is not a resident of this state. (2) If an applicant or licensee is not authorized to do business in this state. (3) If the application or renewal forms required by this chapter are incomplete, fees required under RCW 19.16.140 and 19.16.150, if applicable, have not been paid, and the surety bond or cash deposit or other negotiable security acceptable to the director required by RCW 19.16.190, if applicable, has not been filed or renewed or is canceled. (4) If any individual applicant, owner, officer, director, or managing employee of a nonindividual applicant or licensee: (a) Has had any judgment entered against him or her in any civil action involving forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, or conspiracy to defraud and five years have not elapsed since the date of the entry of the final judgment in said action: PROVIDED, That in no event shall a license be issued unless the judgment debt has been discharged; (b) Has had his or her license to practice law suspended or revoked and two years have not elapsed since the date of such suspension or revocation, unless he or she has been relicensed to practice law in this state; (c) Has had any judgment entered against such a person under the provisions of RCW 19.86.080 or 19.86.090 involving a violation or violations of RCW 19.86.020 and two years have not elapsed since the entry of the final judgment: PROVIDED, That in no event shall a license be issued unless the terms of such judgment, if any, have been fully complied with: PROVIDED FURTHER, That said judgment shall not be grounds for denial, suspension, nonrenewal, or revocation of a license unless the judgment arises out of and is based on acts of the applicant, owner, officer, director, managing employee, or licensee while acting for or as a collection agency or an out-of-state collection agency; (d) Has petitioned for bankruptcy, and two years have not elapsed since the filing of the petition; (e) Is insolvent in the sense that the person’s liabilities exceed the person’s assets or in the sense that the person cannot meet obligations as they mature; (f) Has failed to pay any civil, monetary penalty assessed in accordance with RCW 19.16.351 within ten days after the assessment becomes final; (g) Has failed to comply with, or violated any provisions of this chapter or any rule or regulation issued pursuant to this chapter, and two years have not elapsed since the occurrence of said noncompliance or violation; or (h) Has been found by a court of competent jurisdiction to have violated the federal fair debt collection practices act, 15 U.S.C. Sec. 1692 et seq., or the Washington state consumer protection act, chapter 19.86 RCW, and two years have not elapsed since that finding. Except as otherwise provided in this section, any person who is engaged in the collection agency business as of January 1, 1972, shall, upon filing the application, paying the fees, and filing the surety bond or cash deposit or other negotiable [Title 19 RCW—page 17] 19.16.130 Title 19 RCW: Business Regulations—Miscellaneous security in lieu of bond required by this chapter, be issued a license under this chapter. The director shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director’s receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order. [2002 c 86 § 266; 1997 c 58 § 847; 1994 c 195 § 3; 1977 ex.s. c 194 § 1; 1973 1st ex.s. c 20 § 1; 1971 ex.s. c 253 § 3.] Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 19.16.130 License—Application—Form—Contents. Every application for a license shall be in writing, under oath, and in the form prescribed by the director. Every application shall contain such relevant information as the director may require. The applicant shall furnish the director with such evidence as the director may reasonably require to establish that the requirements and qualifications for a licensee have been fulfilled by the applicant. Every application for a license shall state, among other things that may be required, the name of the applicant with the name under which the applicant will do business and the location by street and number, city and state of each office of the business for which the license is sought. No license shall be issued in any fictitious name which may be confused with or which is similar to any federal, state, county, or municipal governmental function or agency or in any name which may tend to describe any business function or enterprise not actually engaged in by the applicant or in any name which is the same as or so similar to that of any existing licensee as would tend to deceive the public or in any name which would otherwise tend to be deceptive or misleading. The foregoing shall not necessarily preclude the use of a name which may be followed by a geographically descriptive title which would distinguish it from a similar name licensed but operating in a different geographical area. [1971 ex.s. c 253 § 4.] 19.16.130 19.16.140 License—Application—Fees—Exemptions. Each applicant when submitting his application shall pay a licensing fee and an investigation fee determined by the director as provided in RCW 43.24.086. The licensing fee for an out-of-state collection agency shall not exceed fifty percent of the licensing fee for a collection agency. An out-ofstate collection agency is exempt from the licensing fee if the agency is licensed or registered in a state that does not require payment of an initial fee by any person who collects debts in the state only by means of interstate communications from the person’s location in another state. If a license is not issued in response to the application, the license fee shall be returned to the applicant. An annual license fee determined by the director as provided in RCW 43.24.086 shall be paid to the director on or before January first of each year. The annual license fee for an out-of-state collection agency shall not exceed fifty percent of the annual license fee for a collection agency. An outof-state collection agency is exempt from the annual license fee if the agency is licensed or registered in a state that does not require payment of an annual fee by any person who collects debts in the state only by means of interstate communications from the person’s location in another state. If the annual license fee is not paid on or before January first, the licensee shall be assessed a penalty for late payment in an amount determined by the director as provided in RCW 43.24.086. If the fee and penalty are not paid by January thirty-first, it will be necessary for the licensee to submit a new application for a license: PROVIDED, That no license shall be issued upon such new application unless and until all fees and penalties previously accrued under this section have been paid. Any license or branch office certificate issued under the provisions of this chapter shall expire on December thirtyfirst following the issuance thereof. [1994 c 195 § 4; 1985 c 7 § 81; 1975 1st ex.s. c 30 § 90; 1971 ex.s. c 253 § 5.] 19.16.150 19.16.150 Branch office certificate required. If a licensee maintains a branch office, he or it shall not operate a collection agency business in such branch office until he or it has secured a branch office certificate therefor from the director. A licensee, so long as his or its license is in full force and effect and in good standing, shall be entitled to branch office certificates for any branch office operated by such licensee upon payment of the fee therefor provided in this chapter. Each licensee when applying for a branch office certificate shall pay a fee determined by the director as provided in RCW 43.24.086. An annual fee determined by the director as provided in RCW 43.24.086 for a branch office certificate shall be paid to the director on or before January first of each year. If the annual fee is not paid on or before January first, a penalty for late payment in an amount determined by the director as provided in RCW 43.24.086 shall be assessed. If the fee and the penalty are not paid by January thirty-first, it will be necessary for the licensee to apply for a new branch office certificate: PROVIDED, That no such new branch office certificate shall be issued unless and until all fees and penalties previously accrued under this section have been paid. [1985 c 7 § 82; 1975 1st ex.s. c 30 § 91; 1971 ex.s. c 253 § 6.] 19.16.140 [Title 19 RCW—page 18] 19.16.160 19.16.160 License and branch office certificate— Form—Contents—Display. Each license and branch office certificate, when issued, shall be in the form and size prescribed by the director and shall state in addition to any other matter required by the director: (1) The name of the licensee; (2) The name under which the licensee will do business; (2008 Ed.) Collection Agencies (3) The address at which the collection agency business is to be conducted; and (4) The number and expiration date of the license or branch office certificate. A licensee shall display his or its license in a conspicuous place in his or its principal place of business and, if he or it conducts a branch office, the branch office certificate shall be conspicuously displayed in the branch office. Concurrently with or prior to engaging in any activity as a collection agency, as defined in this chapter, any person shall furnish to his or its client or customer the number indicated on the collection agency license issued to him pursuant to this section. [1973 1st ex.s. c 20 § 2; 1971 ex.s. c 253 § 7.] 19.16.170 Procedure upon change of name or business location. Whenever a licensee shall contemplate a change of his or its trade name or a change in the location of his or its principal place of business or branch office, he or it shall give written notice of such proposed change to the director. The director shall approve the proposed change and issue a new license or a branch office certificate, as the case may be, reflecting the change. [1971 ex.s. c 253 § 8.] 19.16.170 19.16.180 Assignability of license or branch office certificate. (1) Except as provided in subsection (2) of this section, a license or branch office certificate granted under this chapter is not assignable or transferable. (2) Upon the death of an individual licensee, the director shall have the right to transfer the license and any branch office certificate of the decedent to the personal representative of his estate for the period of the unexpired term of the license and such additional time, not to exceed one year from the date of death of the licensee, as said personal representative may need in order to settle the deceased’s estate or sell the collection agency. [1971 ex.s. c 253 § 9.] 19.16.180 19.16.190 Surety bond requirements—Cash deposit or securities—Exception. (1) Except as limited by subsection (7) of this section, each applicant shall, at the time of applying for a license, file with the director a surety bond in the sum of five thousand dollars. The bond shall be annually renewable on January first of each year, shall be approved by the director as to form and content, and shall be executed by the applicant as principal and by a surety company authorized to do business in this state as surety. Such bond shall run to the state of Washington as obligee for the benefit of the state and conditioned that the licensee shall faithfully and truly perform all agreements entered into with the licensee’s clients or customers and shall, within thirty days after the close of each calendar month, account to and pay to his client or customer the net proceeds of all collections made during the preceding calendar month and due to each client or customer less any offsets due licensee under RCW 19.16.210 and 19.16.220. The bond required by this section shall remain in effect until canceled by action of the surety or the licensee or the director. (2) An applicant for a license under this chapter may furnish, file, and deposit with the director, in lieu of the surety bond provided for herein, a cash deposit or other negotiable security acceptable to the director. The security deposited 19.16.200 with the director in lieu of the surety bond shall be returned to the licensee at the expiration of one year after the collection agency’s license has expired or been revoked if no legal action has been instituted against the licensee or on said security deposit at the expiration of said one year. (3) A surety may file with the director notice of his or its withdrawal on the bond of the licensee. Upon filing a new bond or upon the revocation of the collection agency license or upon the expiration of sixty days after the filing of notice of withdrawal as surety by the surety, the liability of the former surety for all future acts of the licensee shall terminate. (4) The director shall immediately cancel the bond given by a surety company upon being advised that the surety company’s license to transact business in this state has been revoked. (5) Upon the filing with the director of notice by a surety of his withdrawal as the surety on the bond of a licensee or upon the cancellation by the director of the bond of a surety as provided in this section, the director shall immediately give notice to the licensee of the withdrawal or cancellation. The notice shall be sent to the licensee by registered or certified mail with request for a return receipt and addressed to the licensee at his or its main office as shown by the records of the director. At the expiration of thirty days from the date of mailing the notice, the license of the licensee shall be terminated, unless the licensee has filed a new bond with a surety satisfactory to the director. (6) All bonds given under this chapter shall be filed and held in the office of the director. (7) An out-of-state collection agency need not fulfill the bonding requirements under this section if the out-of-state collection agency maintains an adequate bond or legal alternative as required by the state in which the out-of-state collection agency is located. [1994 c 195 § 5; 1971 ex.s. c 253 § 10.] 19.16.190 (2008 Ed.) 19.16.200 Action on bond, cash deposit or securities. In addition to all other legal remedies, an action may be brought in any court of competent jurisdiction upon the bond or cash deposit or security in lieu thereof, required by RCW 19.16.190, by any person to whom the licensee fails to account and pay as set forth in such bond or by any client or customer of the licensee who has been damaged by failure of the licensee to comply with all agreements entered into with such client or customer: PROVIDED, That the aggregate liability of the surety to all such clients or customers shall in no event exceed the sum of such bond. An action upon such bond or security shall be commenced by serving and filing of the complaint within one year from the date of the cancellation of the bond or, in the case of a cash deposit or other security deposited in lieu of the surety bond, within one year of the date of expiration or revocation of license: PROVIDED, That no action shall be maintained upon such bond or such cash deposit or other security for any claim which has been barred by any nonclaim statute or statute of limitations of this state. Two copies of the complaint shall be served by registered or certified mail upon the director at the time the suit is started. Such service shall constitute service on the surety. The director shall transmit one of 19.16.200 [Title 19 RCW—page 19] 19.16.210 Title 19 RCW: Business Regulations—Miscellaneous said copies of the complaint served on him to the surety within forty-eight hours after it shall have been received. The director shall maintain a record, available for public inspection, of all suits commenced under this chapter upon surety bonds, or the cash or other security deposited in lieu thereof. In the event of a judgment being entered against the deposit or security referred to in RCW 19.16.190(2), the director shall, upon receipt of a certified copy of a final judgment, pay said judgment from the amount of the deposit or security. [1971 ex.s. c 253 § 11.] 19.16.210 Accounting and payments by licensee to customer. A licensee shall within thirty days after the close of each calendar month account in writing to his or its customers for all collections made during that calendar month and pay to his or its customers the net proceeds due and payable of all collections made during that calendar month except that a licensee need not account to the customer for: (1) Court costs recovered which were previously advanced by licensee or his or its attorney. (2) Attorney’s fees and interest or other charges incidental to the principal amount of the obligation legally and properly belonging to the licensee, if such charges are retained by the licensee after the principal amount of the obligation has been accounted for and remitted to the customer. When the net proceeds are less than ten dollars at the end of any calendar month, payments may be deferred for a period not to exceed three months. [1971 ex.s. c 253 § 12.] 19.16.210 of four years from the date of the last entry thereon. [1994 c 195 § 6; 1987 c 85 § 1; 1973 1st ex.s. c 20 § 3; 1971 ex.s. c 253 § 14.] 19.16.240 19.16.240 Licensee—Trust fund account—Exception. Each licensee, other than an out-of-state collection agency, shall at all times maintain a separate bank account in this state in which all moneys collected by the licensee shall be deposited except that negotiable instruments received may be forwarded directly to a customer. Moneys received must be deposited within ten days after posting to the book of accounts. In no event shall moneys received be disposed of in any manner other than to deposit such moneys in said account or as provided in this section. The bank account shall bear some title sufficient to distinguish it from the licensee’s personal or general checking account, such as "Customer’s Trust Fund Account". There shall be sufficient funds in said trust account at all times to pay all moneys due or owing to all customers and no disbursements shall be made from such account except to customers or to remit moneys collected from debtors on assigned claims and due licensee’s attorney or to refund over payments except that a licensee may periodically withdraw therefrom such moneys as may accrue to licensee. Any money in such trust account belonging to a licensee may be withdrawn for the purpose of transferring the same into the possession of licensee or into a personal or general account of licensee. [1994 c 195 § 7; 1971 ex.s. c 253 § 15.] 19.16.245 19.16.220 Accounting and payments by customer to licensee. Every customer of a licensee shall, within thirty days after the close of each calendar month, account and pay to his or its collection agency all sums owing to the collection agency for payments received by the customer during that calendar month on claims in the hands of the collection agency. If a customer fails to pay a licensee any sums due under this section, the licensee shall, in addition to other remedies provided by law, have the right to offset any moneys due the licensee under this section against any moneys due customer under RCW 19.16.210. [1971 ex.s. c 253 § 13.] 19.16.220 19.16.230 Licensee—Business office—Records to be kept. (1) Every licensee required to keep and maintain records pursuant to this section, other than an out-of-state collection agency, shall establish and maintain a regular active business office in the state of Washington for the purpose of conducting his or its collection agency business. Said office must be open to the public during reasonable stated business hours, and must be managed by a resident of the state of Washington. (2) Every licensee shall keep a record of all sums collected by him or it and all disbursements made by him or it. All such records shall be kept at the business office referred to in subsection (1) of this section, unless the licensee is an out-of-state collection agency, in which case the record shall be kept at the business office listed on the licensee’s license. (3) Licensees shall maintain and preserve accounting records of collections and payments to customers for a period 19.16.230 [Title 19 RCW—page 20] 19.16.245 Financial statement. No licensee shall receive any money from any debtor as a result of the collection of any claim until he or it shall have submitted a financial statement showing the assets and liabilities of the licensee truly reflecting that the licensee’s net worth is not less than the sum of seven thousand five hundred dollars, in cash or its equivalent, of which not less than five thousand dollars shall be deposited in a bank, available for the use of the licensee’s business. Any money so collected shall be subject to the provisions of RCW 19.16.430(2). The financial statement shall be sworn to by the licensee, if the licensee is an individual, or by a partner, officer, or manager in its behalf if the licensee is a partnership, corporation, or unincorporated association. The information contained in the financial statement shall be confidential and not a public record, but is admissible in evidence at any hearing held, or in any action instituted in a court of competent jurisdiction, pursuant to the provisions of this chapter: PROVIDED, That this section shall not apply to those persons holding a valid license issued pursuant to this chapter on July 16, 1973. [1973 1st ex.s. c 20 § 9.] 19.16.250 19.16.250 Prohibited practices. No licensee or employee of a licensee shall: (1) Directly or indirectly aid or abet any unlicensed person to engage in business as a collection agency in this state or receive compensation from such unlicensed person: PROVIDED, That nothing in this chapter shall prevent a licensee from accepting, as forwardee, claims for collection from a collection agency or attorney whose place of business is outside the state. (2008 Ed.) Collection Agencies (2) Collect or attempt to collect a claim by the use of any means contrary to the postal laws and regulations of the United States postal department. (3) Publish or post or cause to be published or posted, any list of debtors commonly known as "bad debt lists" or threaten to do so. For purposes of this chapter, a "bad debt list" means any list of natural persons alleged to fail to honor their lawful debts. However, nothing herein shall be construed to prohibit a licensee from communicating to its customers or clients by means of a coded list, the existence of a check dishonored because of insufficient funds, not sufficient funds or closed account by the financial institution servicing the debtor’s checking account: PROVIDED, That the debtor’s identity is not readily apparent: PROVIDED FURTHER, That the licensee complies with the requirements of subsection (9)(e) of this section. (4) Have in his possession or make use of any badge, use a uniform of any law enforcement agency or any simulation thereof, or make any statements which might be construed as indicating an official connection with any federal, state, county, or city law enforcement agency, or any other governmental agency, while engaged in collection agency business. (5) Perform any act or acts, either directly or indirectly, constituting the practice of law. (6) Advertise for sale or threaten to advertise for sale any claim as a means of endeavoring to enforce payment thereof or agreeing to do so for the purpose of soliciting claims, except where the licensee has acquired claims as an assignee for the benefit of creditors or where the licensee is acting under court order. (7) Use any name while engaged in the making of a demand for any claim other than the name set forth on his or its current license issued hereunder. (8) Give or send to any debtor or cause to be given or sent to any debtor, any notice, letter, message, or form which represents or implies that a claim exists unless it shall indicate in clear and legible type: (a) The name of the licensee and the city, street, and number at which he is licensed to do business; (b) The name of the original creditor to whom the debtor owed the claim if such name is known to the licensee or employee: PROVIDED, That upon written request of the debtor, the licensee shall make a reasonable effort to obtain the name of such person and provide this name to the debtor; (c) If the notice, letter, message, or form is the first notice to the debtor or if the licensee is attempting to collect a different amount than indicated in his or its first notice to the debtor, an itemization of the claim asserted must be made including: (i) Amount owing on the original obligation at the time it was received by the licensee for collection or by assignment; (ii) Interest or service charge, collection costs, or late payment charges, if any, added to the original obligation by the original creditor, customer or assignor before it was received by the licensee for collection, if such information is known by the licensee or employee: PROVIDED, That upon written request of the debtor, the licensee shall make a reasonable effort to obtain information on such items and provide this information to the debtor; (2008 Ed.) 19.16.250 (iii) Interest or service charge, if any, added by the licensee or customer or assignor after the obligation was received by the licensee for collection; (iv) Collection costs, if any, that the licensee is attempting to collect; (v) Attorneys’ fees, if any, that the licensee is attempting to collect on his or its behalf or on the behalf of a customer or assignor; (vi) Any other charge or fee that the licensee is attempting to collect on his or its own behalf or on the behalf of a customer or assignor. (9) Communicate or threaten to communicate, the existence of a claim to a person other than one who might be reasonably expected to be liable on the claim in any manner other than through proper legal action, process, or proceedings except under the following conditions: (a) A licensee or employee of a licensee may inform a credit reporting bureau of the existence of a claim: PROVIDED, That if the licensee or employee of a licensee reports a claim to a credit reporting bureau, the licensee shall upon receipt of written notice from the debtor that any part of the claim is disputed, forward a copy of such written notice to the credit reporting bureau; (b) A licensee or employee in collecting or attempting to collect a claim may communicate the existence of a claim to a debtor’s employer if the claim has been reduced to a judgment; (c) A licensee or employee in collecting or attempting to collect a claim that has not been reduced to judgment, may communicate the existence of a claim to a debtor’s employer if: (i) The licensee or employee has notified or attempted to notify the debtor in writing at his last known address or place of employment concerning the claim and the debtor after a reasonable time has failed to pay the claim or has failed to agree to make payments on the claim in a manner acceptable to the licensee, and (ii) The debtor has not in writing to the licensee disputed any part of the claim: PROVIDED, That the licensee or employee may only communicate the existence of a claim which has not been reduced to judgment to the debtor’s employer once unless the debtor’s employer has agreed to additional communications. (d) A licensee may for the purpose of locating the debtor or locating assets of the debtor communicate the existence of a claim to any person who might reasonably be expected to have knowledge of the whereabouts of a debtor or the location of assets of the debtor if the claim is reduced to judgment, or if not reduced to judgment, when: (i) The licensee or employee has notified or attempted to notify the debtor in writing at his last known address or last known place of employment concerning the claim and the debtor after a reasonable time has failed to pay the claim or has failed to agree to make payments on the claim in a manner acceptable to the licensee, and (ii) The debtor has not in writing disputed any part of the claim. (e) A licensee may communicate the existence of a claim to its customers or clients if the claim is reduced to judgment, or if not reduced to judgment, when: [Title 19 RCW—page 21] 19.16.250 Title 19 RCW: Business Regulations—Miscellaneous (i) The licensee has notified or attempted to notify the debtor in writing at his last known address or last known place of employment concerning the claim and the debtor after a reasonable time has failed to pay the claim or has failed to agree to make payments on the claim in a manner acceptable to the licensee, and (ii) The debtor has not in writing disputed any part of the claim. (10) Threaten the debtor with impairment of his credit rating if a claim is not paid. (11) Communicate with the debtor after notification in writing from an attorney representing such debtor that all further communications relative to a claim should be addressed to the attorney: PROVIDED, That if a licensee requests in writing information from an attorney regarding such claim and the attorney does not respond within a reasonable time, the licensee may communicate directly with the debtor until he or it again receives notification in writing that an attorney is representing the debtor. (12) Communicate with a debtor or anyone else in such a manner as to harass, intimidate, threaten, or embarrass a debtor, including but not limited to communication at an unreasonable hour, with unreasonable frequency, by threats of force or violence, by threats of criminal prosecution, and by use of offensive language. A communication shall be presumed to have been made for the purposes of harassment if: (a) It is made with a debtor or spouse in any form, manner, or place, more than three times in a single week; (b) It is made with a debtor at his or her place of employment more than one time in a single week; (c) It is made with the debtor or spouse at his or her place of residence between the hours of 9:00 p.m. and 7:30 a.m. (13) Communicate with the debtor through use of forms or instruments that simulate the form or appearance of judicial process, the form or appearance of government documents, or the simulation of a form or appearance of a telegraphic or emergency message. (14) Communicate with the debtor and represent or imply that the existing obligation of the debtor may be or has been increased by the addition of attorney fees, investigation fees, service fees, or any other fees or charges when in fact such fees or charges may not legally be added to the existing obligation of such debtor. (15) Threaten to take any action against the debtor which the licensee cannot legally take at the time the threat is made. (16) Send any telegram or make any telephone calls to a debtor or concerning a debt or for the purpose of demanding payment of a claim or seeking information about a debtor, for which the charges are payable by the addressee or by the person to whom the call is made. (17) In any manner convey the impression that the licensee is vouched for, bonded to or by, or is an instrumentality of the state of Washington or any agency or department thereof. (18) Collect or attempt to collect in addition to the principal amount of a claim any sum other than allowable interest, collection costs or handling fees expressly authorized by statute, and, in the case of suit, attorney’s fees and taxable court costs. A licensee may collect or attempt to collect collection costs and fees, including contingent collection fees, as authorized by a written agreement or contract, between the [Title 19 RCW—page 22] licensee’s client and the debtor, in the collection of a commercial claim. The amount charged to the debtor for collection services shall not exceed thirty-five percent of the commercial claim. (19) Procure from a debtor or collect or attempt to collect on any written note, contract, stipulation, promise or acknowledgment under which a debtor may be required to pay any sum other than principal, allowable interest, except as noted in subsection (18) of this section, and, in the case of suit, attorney’s fees and taxable court costs. (20) Upon notification by a debtor that the debtor disputes all debts arising from a series of dishonored checks, automated clearinghouse transactions on a demand deposit account, or other preprinted written instruments, initiate oral contact with a debtor more than one time in an attempt to collect from the debtor debts arising from the identified series of dishonored checks, automated clearinghouse transactions on a demand deposit account, or other preprinted written instruments when: (a) Within the previous one hundred eighty days, in response to the licensee’s attempt to collect the initial debt assigned to the licensee and arising from the identified series of dishonored checks, automated clearinghouse transactions on a demand deposit account, or other preprinted written instruments, the debtor in writing notified the licensee that the debtor’s checkbook or other series of preprinted written instruments was stolen or fraudulently created; (b) the licensee has received from the debtor a certified copy of a police report referencing the theft or fraudulent creation of the checkbook, automated clearinghouse transactions on a demand deposit account, or series of preprinted written instruments; (c) in the written notification to the licensee or in the police report, the debtor identified the financial institution where the account was maintained, the account number, the magnetic ink character recognition number, the full bank routing and transit number, and the check numbers of the stolen checks, automated clearinghouse transactions on a demand deposit account, or other preprinted written instruments, which check numbers included the number of the check that is the subject of the licensee’s collection efforts; (d) the debtor provides, or within the previous one hundred eighty days provided, to the licensee a legible copy of a government-issued photo identification, which contains the debtor’s signature and which was issued prior to the date of the theft or fraud identified in the police report; and (e) the debtor advised the licensee that the subject debt is disputed because the identified check, automated clearinghouse transaction on a demand deposit account, or other preprinted written instrument underlying the debt is a stolen or fraudulently created check or instrument. The licensee is not in violation of this subsection if the licensee initiates oral contact with the debtor more than one time in an attempt to collect debts arising from the identified series of dishonored checks, automated clearinghouse transactions on a demand deposit account, or other preprinted written instruments when: (i) The licensee acted in good faith and relied on their established practices and procedures for batching, recording, or packeting debtor accounts, and the licensee inadvertently initiates oral contact with the debtor in an attempt to collect debts in the identified series subsequent to the initial debt assigned to the licensee; (ii) the licensee is following up on collection of a debt assigned to the licensee, (2008 Ed.) Collection Agencies and the debtor has previously requested more information from the licensee regarding the subject debt; (iii) the debtor has notified the licensee that the debtor disputes only some, but not all the debts arising from the identified series of dishonored checks, automated clearinghouse transactions on a demand deposit account, or other preprinted written instruments, in which case the licensee shall be allowed to initiate oral contact with the debtor one time for each debt arising from the series of identified checks, automated clearinghouse transactions on a demand deposit account, or written instruments and initiate additional oral contact for those debts that the debtor acknowledges do not arise from stolen or fraudulently created checks or written instruments; (iv) the oral contact is in the context of a judicial, administrative, arbitration, mediation, or similar proceeding; or (v) the oral contact is made for the purpose of investigating, confirming, or authenticating the information received from the debtor, to provide additional information to the debtor, or to request additional information from the debtor needed by the licensee to accurately record the debtor’s information in the licensee’s records. [2001 c 217 § 5; 2001 c 47 § 2; (2001 c 217 § 4 expired April 1, 2004); 1983 c 107 § 1; 1981 c 254 § 5; 1971 ex.s. c 253 § 16.] Reviser’s note: This section was amended by 2001 c 47 § 2 and by 2001 c 217 § 5, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Effective date—2001 c 217 § 5: "Section 5 of this act takes effect April 1, 2004." [2001 c 217 § 16.] Expiration date—2001 c 217 § 4: "Section 4 of this act expires April 1, 2004." [2001 c 217 § 15.] Captions not law—2001 c 217: See note following RCW 9.35.005. 19.16.260 Licensing prerequisite to suit. No collection agency or out-of-state collection agency may bring or maintain an action in any court of this state involving the collection of a claim of any third party without alleging and proving that he or it is duly licensed under this chapter and has satisfied the bonding requirements hereof, if applicable: PROVIDED, That in any case where judgment is to be entered by default, it shall not be necessary for the collection agency or out-of-state collection agency to prove such matters. A copy of the current collection agency license or out-ofstate collection agency license, certified by the director to be a true and correct copy of the original, shall be prima facie evidence of the licensing and bonding of such collection agency or out-of-state collection agency as required by this chapter. [1994 c 195 § 8; 1971 ex.s. c 253 § 17.] 19.16.260 19.16.300 tion agency board". The board shall consist of five members, one of whom shall be the director and the other four shall be appointed by the governor. The director may delegate his duties as a board member to a designee from his department. The director or his designee shall be the executive officer of the board and its chairman. At least two but no more than two members of the board shall be licensees hereunder. Each of the licensee members of the board shall be actively engaged in the collection agency business at the time of his appointment and must continue to be so engaged and continue to be licensed under this chapter during the term of his appointment or he will be deemed to have resigned his position: PROVIDED, That no individual may be a licensee member of the board unless he has been actively engaged as either an owner or executive employee or a combination of both of a collection agency business in this state for a period of not less than five years immediately prior to his appointment. No board member shall be employed by or have any interest in, directly or indirectly, as owner, partner, officer, director, agent, stockholder, or attorney, any collection agency in which any other board member is employed by or has such an interest. No member of the board other than the director or his designee shall hold any other elective or appointive state or federal office. [1971 ex.s. c 253 § 19.] 19.16.290 Board—Initial members—Terms— Oath—Removal. The initial members of the board shall be named by the governor within thirty days after January 1, 1972. At the first meeting of the board, the members appointed by the governor shall determine by lot the period of time from January 1, 1972 that each of them shall serve, one for one year; one for two years; one for three years; and one for four years. In the event of a vacancy on the board, the governor shall appoint a successor for the unexpired term. Each member appointed by the governor shall qualify by taking the usual oath of a state officer, which shall be filed with the secretary of state, and each member shall hold office for the term of his appointment and until his successor is appointed and qualified. Any member of the board other than the director or his designee may be removed by the governor for neglect of duty, misconduct, malfeasance or misfeasance in office, after being given a written statement of the charges against him and sufficient opportunity to be heard thereon. [1971 ex.s. c 253 § 20.] 19.16.290 19.16.300 Board meetings—Quorum—Effect of vacancy. The board shall meet as soon as practicable after the governor has appointed the initial members of the board. The board shall meet at least once a year and at such other times as may be necessary for the transaction of its business. The time and place of the initial meeting of the board and the annual meetings shall be at a time and place fixed by the director. Other meetings of the board shall be held upon written request of the director at a time and place designated by him, or upon the written request of any two members of the board at a time and place designated by them. A majority of the board shall constitute a quorum. 19.16.300 19.16.270 Presumption of validity of assignment. In any action brought by licensee to collect the claim of his or its customer, the assignment of the claim to licensee by his or its customer shall be conclusively presumed valid, if the assignment is filed in court with the complaint, unless objection is made thereto by the debtor in a written answer or in writing five days or more prior to trial. [1971 ex.s. c 253 § 18.] 19.16.270 19.16.280 Board created—Composition of board— Qualification of members. There is hereby created a board to be known and designated as the "Washington state collec19.16.280 (2008 Ed.) [Title 19 RCW—page 23] 19.16.310 Title 19 RCW: Business Regulations—Miscellaneous A vacancy in the board membership shall not impair the right of the remaining members of the board to exercise any power or to perform any duty of the board, so long as the power is exercised or the duty performed by a quorum of the board. [1971 ex.s. c 253 § 21.] proper administration of this chapter. [2002 c 86 § 267; 1977 ex.s. c 194 § 2; 1973 1st ex.s. c 20 § 8.] 19.16.310 Board—Compensation—Reimbursement of travel expenses. Each member of the board appointed by the governor shall be compensated in accordance with RCW 43.03.240 and in addition thereto shall be reimbursed for travel expenses incurred while on official business of the board and in attending meetings thereof, in accordance with the provisions of RCW 43.03.050 and 43.03.060. [1984 c 287 § 54; 1975-’76 2nd ex.s. c 34 § 58; 1971 ex.s. c 253 § 22.] 19.16.390 Personal service of process outside state. Personal service of any process in an action under this chapter may be made upon any person outside the state if such person has engaged in conduct in violation of this chapter which has had the impact in this state which this chapter reprehends. Such persons shall be deemed to have thereby submitted themselves to the jurisdiction of the courts of this state within the meaning of RCW 4.28.180 and 4.28.185. A holder of an out-of-state collection agency license is deemed to have appointed the director or the director’s designee to be the licensee’s true and lawful agent upon whom may be served any legal process against that licensee arising or growing out of any violation of this chapter. [1994 c 195 § 9; 1971 ex.s. c 253 § 30.] 19.16.310 Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. 19.16.320 Board—Territorial scope of operations. The board may meet, function and exercise its powers and perform its duties at any place within the state. [1971 ex.s. c 253 § 23.] Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 19.16.390 19.16.320 19.16.330 Board—Immunity from suit. Members of the board shall be immune from suit in any civil action based upon an official act performed in good faith as members of such board. [1971 ex.s. c 253 § 24.] 19.16.330 19.16.340 Board—Records. All records of the board shall be kept in the office of the director. Copies of all records and papers of the board, certified to be true copies by the director, shall be received in evidence in all cases with like effect as the originals. All actions by the board which require publication, or any writing shall be over the signature of the director or his designee. [1971 ex.s. c 253 § 25.] 19.16.340 19.16.351 Additional powers and duties of board. The board, in addition to any other powers and duties granted under this chapter and RCW 18.235.030: (1) May adopt, amend, and rescind rules for its own organization and procedure and other rules as it may deem necessary in order to perform its duties under this chapter. (2) May inquire into the needs of the collection agency business, the needs of the director, and the matter of the policy of the director in administering this chapter, and make such recommendations with respect thereto as, after consideration, may be deemed important and necessary for the welfare of the state, the welfare of the public, and the welfare and progress of the collection agency business. (3) Upon request of the director, confer and advise in matters relating to the administering of this chapter. (4) May consider and make appropriate recommendations to the director in all matters referred to the board. (5) Upon request of the director, confer with and advise the director in the preparation of any rules to be adopted, amended, or repealed. (6) May assist the director in the collection of such information and data as the director may deem necessary to the 19.16.351 [Title 19 RCW—page 24] 19.16.410 Rules, orders, decisions, etc. The board may adopt rules, make specific decisions, orders, and rulings, including therein demands and findings, and take other necessary action for the implementation and enforcement of the board’s duties under this chapter. [2007 c 256 § 4; 1971 ex.s. c 253 § 32.] 19.16.410 19.16.420 Copy of this chapter, rules and regulations available to licensee. On or about the first day of February in each year, the director shall cause to be made available at reasonable expense to a licensee a copy of this chapter, a copy of the current rules and regulations of the director, and board, and such other materials as the director or board prescribe. [1971 ex.s. c 253 § 33.] 19.16.420 19.16.430 Violations—Operating agency without a license—Penalty—Return of fees or compensation. (1) Any person who knowingly operates as a collection agency or out-of-state collection agency without a license or knowingly aids and abets such violation is punishable by a fine not exceeding five hundred dollars or by imprisonment not exceeding one year or both. (2) Any person who operates as a collection agency or out-of-state collection agency in the state of Washington without a valid license issued pursuant to this chapter shall not charge or receive any fee or compensation on any moneys received or collected while operating without a license or on any moneys received or collected while operating with a license but received or collected as a result of his or its acts as a collection agency or out-of-state collection agency while not licensed hereunder. All such moneys collected or received shall be forthwith returned to the owners of the accounts on which the moneys were paid. [1994 c 195 § 10; 1973 1st ex.s. c 20 § 6; 1971 ex.s. c 253 § 34.] 19.16.430 19.16.440 Violations of RCW 19.16.110 and 19.16.250 are unfair and deceptive trade practices under chapter 19.86 RCW. The operation of a collection agency or out-of-state collection agency without a license as prohib19.16.440 (2008 Ed.) Collection Agencies ited by RCW 19.16.110 and the commission by a licensee or an employee of a licensee of an act or practice prohibited by RCW 19.16.250 are declared to be unfair acts or practices or unfair methods of competition in the conduct of trade or commerce for the purpose of the application of the Consumer Protection Act found in chapter 19.86 RCW. [1994 c 195 § 11; 1973 1st ex.s. c 20 § 7; 1971 ex.s. c 253 § 35.] 19.16.450 Violation of RCW 19.16.250—Additional penalty. If an act or practice in violation of RCW 19.16.250 is committed by a licensee or an employee of a licensee in the collection of a claim, neither the licensee, the customer of the licensee, nor any other person who may thereafter legally seek to collect on such claim shall ever be allowed to recover any interest, service charge, attorneys’ fees, collection costs, delinquency charge, or any other fees or charges otherwise legally chargeable to the debtor on such claim: PROVIDED, That any person asserting the claim may nevertheless recover from the debtor the amount of the original claim or obligation. [1971 ex.s. c 253 § 36.] 19.16.450 19.16.460 Violations may be enjoined. Notwithstanding any other actions which may be brought under the laws of this state, the attorney general or the prosecuting attorney of any county within the state may bring an action in the name of the state against any person to restrain and prevent any violation of this chapter. [1971 ex.s. c 253 § 37.] 19.16.460 19.16.470 Violations—Assurance of discontinuance—Effect. The attorney general may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter from any person engaging in or who has engaged in such act or practice. Any such assurance shall be in writing and be filed with and subject to the approval of the superior court of the county in which the alleged violator resides or has his principal place of business, or in the alternative, in Thurston county. Such assurance of discontinuance shall not be considered an admission of a violation for any purpose; however, proof of failure to perform the terms of any such assurance shall constitute prima facie proof of a violation of this chapter for the purpose of securing an injunction as provided for in RCW 19.16.460: PROVIDED, That after commencement of any action by a prosecuting attorney, as provided therein, the attorney general may not accept an assurance of discontinuance without the consent of said prosecuting attorney. [1971 ex.s. c 253 § 38.] 19.16.470 19.16.480 Violation of injunction—Civil penalty. Any person who violates any injunction issued pursuant to this chapter shall forfeit and pay a civil penalty of not more than twenty-five thousand dollars. For the purpose of this section the superior court issuing any injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the attorney general acting in the name of the state may petition for the recovery of civil penalties. [1971 ex.s. c 253 § 39.] 19.16.920 ments, taxing districts, political subdivisions of the state, counties, and cities may retain, by written contract, collection agencies licensed under this chapter for the purpose of collecting public debts owed by any person, including any restitution that is being collected on behalf of a crime victim. (b) Any governmental entity as described in (a) of this subsection using a collection agency may add a reasonable fee, payable by the debtor, to the outstanding debt for the collection agency fee incurred or to be incurred. The amount to be paid for collection services shall be left to the agreement of the governmental entity and its collection agency or agencies, but a contingent fee of up to fifty percent of the first one hundred thousand dollars of the unpaid debt per account and up to thirty-five percent of the unpaid debt over one hundred thousand dollars per account is reasonable, and a minimum fee of the full amount of the debt up to one hundred dollars per account is reasonable. Any fee agreement entered into by a governmental entity is presumptively reasonable. (2) No debt may be assigned to a collection agency unless (a) there has been an attempt to advise the debtor (i) of the existence of the debt and (ii) that the debt may be assigned to a collection agency for collection if the debt is not paid, and (b) at least thirty days have elapsed from the time notice was attempted. (3) Collection agencies assigned debts under this section shall have only those remedies and powers which would be available to them as assignees of private creditors. (4) For purposes of this section, the term debt shall include fines and other debts, including the fee required under subsection (1)(b) of this section. [1997 c 387 § 1; 1982 c 65 § 1.] Interest rate: RCW 43.17.240. 19.16.510 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 268.] 19.16.510 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 19.16.900 Provisions cumulative—Violation of RCW 19.16.250 deemed civil. The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy available at law: PROVIDED, That the violation of RCW 19.16.250 shall be construed as exclusively civil and not penal in nature. [1971 ex.s. c 253 § 40.] 19.16.900 19.16.480 19.16.500 Public bodies may retain collection agencies to collect public debts—Fees. (1)(a) Agencies, depart19.16.500 (2008 Ed.) 19.16.910 Severability—1971 ex.s. c 253. If any section or provision of this act shall be adjudged to be invalid or unconstitutional such adjudication shall not affect the validity of the act as a whole, or any section, provisions, or part thereof not adjudged invalid or unconstitutional. [1971 ex.s. c 253 § 41.] 19.16.910 19.16.920 Provisions exclusive—Authority of political subdivisions to levy business and occupation taxes not affected. (1) The provisions of this chapter relating to the licensing and regulation of collection agencies and out-of19.16.920 [Title 19 RCW—page 25] 19.16.930 Title 19 RCW: Business Regulations—Miscellaneous state collection agencies shall be exclusive and no county, city, or other political subdivision of this state shall enact any laws or rules and regulations licensing or regulating collection agencies. (2) This section shall not be construed to prevent a political subdivision of this state from levying a business and occupation tax upon collection agencies or out-of-state collection agencies maintaining an office within that political subdivision if a business and occupation tax is levied by it upon other types of businesses within its boundaries. [1994 c 195 § 12; 1971 ex.s. c 253 § 42.] 19.16.930 Effective date—1971 ex.s. c 253. This act shall become effective January 1, 1972. [1971 ex.s. c 253 § 44.] 19.16.930 19.16.940 Short title. This chapter shall be known and may be cited as the "Collection Agency Act". [1971 ex.s. c 253 § 45.] 19.16.940 19.16.950 Section headings. Section headings used in this chapter shall not constitute any part of the law. [1971 ex.s. c 253 § 46.] 19.16.950 Chapter 19.25 Chapter 19.25 RCW REPRODUCED SOUND RECORDINGS Sections 19.25.010 19.25.020 19.25.030 19.25.040 19.25.050 19.25.800 19.25.810 19.25.820 19.25.900 19.25.901 Definitions. Reproduction of sound without consent of owner unlawful— Fine and penalty. Use of recording of live performance without consent of owner unlawful—Fine and penalty. Failure to disclose origin of certain recordings unlawful—Fine and penalty. Contraband recordings—Disposition, forfeiture, penalty. Chapter not applicable to broadcast by commercial or educational radio or television. Chapter not applicable to certain nonrecorded broadcast use. Chapter not applicable to defined public record. Severability—1974 ex.s. c 100. Severability—1991 c 38. 19.25.010 Definitions. As used in this chapter: (1) "Owner" means a person who owns the sounds fixed in a master phonograph record, master disc, master tape, master film, or other recording on which sound is or can be recorded and from which the transferred recorded sounds are directly or indirectly derived. (2) "Fixed" means embodied in a recording or other tangible medium of expression, by or under the authority of the author, so that the matter embodied is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. (3) "Live performance" means a recitation, rendering, or playing of a series of images; musical, spoken or other sounds; or combination of images and sounds. (4) "Recording" means a tangible medium on which sounds, images, or both are recorded or otherwise stored, including an original phonograph record, disc, tape, audio or video cassette, wire, film, or other medium now existing or developed later on which sounds, images, or both are or can 19.25.010 [Title 19 RCW—page 26] be recorded or otherwise stored or a copy or reproduction that duplicates in whole or in part the original. (5) "Manufacturer" means the entity authorizing the duplication of the recording in question, but shall not include the manufacturer of the cartridge or casing itself. [1991 c 38 § 1; 1974 ex.s. c 100 § 1.] 19.25.020 Reproduction of sound without consent of owner unlawful—Fine and penalty. (1) A person commits an offense if the person: (a) Knowingly reproduces for sale or causes to be transferred any recording with intent to sell it or cause it to be sold or use it or cause it to be used for commercial advantage or private financial gain without the consent of the owner; (b) Transports within this state, for commercial advantage or private financial gain, a recording with the knowledge that the sounds have been reproduced or transferred without the consent of the owner; or (c) Advertises, offers for sale, sells, or rents, or causes the sale, resale, or rental of or possesses for one or more of these purposes any recording that the person knows has been reproduced or transferred without the consent of the owner. (2)(a) An offense under this section is a class B felony punishable by a fine of not more than two hundred fifty thousand dollars, imprisonment for not more than ten years, or both if: (i) The offense involves at least one thousand unauthorized recordings during a one hundred eighty-day period; or (ii) The defendant has been previously convicted under this section. (b) An offense under this section is a class C felony punishable by a fine of not more than two hundred fifty thousand dollars, imprisonment for not more than five years, or both, if the offense involves more than one hundred but less than one thousand unauthorized recordings during a one hundred eighty-day period. (c) Any other offense under this section is a gross misdemeanor punishable by a fine of not more than twenty-five thousand dollars, imprisonment for not more than one year, or both. (3) This section does not affect the rights and remedies of a party in private litigation. (4) This section applies only to recordings that were initially fixed before February 15, 1972. [2003 c 53 § 143; 1991 c 38 § 2; 1974 ex.s. c 100 § 2.] 19.25.020 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 19.25.030 Use of recording of live performance without consent of owner unlawful—Fine and penalty. (1) A person commits an offense if the person: (a) For commercial advantage or private financial gain advertises, offers for sale, sells, rents, transports, causes the sale, resale, rental, or transportation of or possesses for one or more of these purposes a recording of a live performance with the knowledge that the live performance has been recorded or fixed without the consent of the owner; or (b) With the intent to sell for commercial advantage or private financial gain records or fixes or causes to be recorded or fixed on a recording a live performance with the 19.25.030 (2008 Ed.) Reproduced Sound Recordings knowledge that the live performance has been recorded or fixed without the consent of the owner. (2)(a) An offense under this section is a class B felony punishable by a fine of not more than two hundred fifty thousand dollars, imprisonment for not more than ten years, or both, if: (i) The offense involves at least one thousand unauthorized recordings embodying sound or at least one hundred unauthorized audiovisual recordings during a one hundred eighty-day period; or (ii) The defendant has been previously convicted under this section. (b) An offense under this section is a class C felony punishable by a fine of not more than two hundred fifty thousand dollars, imprisonment for not more than five years, or both, if the offense involves more than one hundred but less than one thousand unauthorized recordings embodying sound or more than ten but less than one hundred unauthorized audiovisual recordings during a one hundred eighty-day period. (c) Any other offense under this section is a gross misdemeanor punishable by a fine of not more than twenty-five thousand dollars, imprisonment for not more than one year, or both. (3) In the absence of a written agreement or law to the contrary, the performer or performers of a live performance are presumed to own the rights to record or fix those sounds. (4) For the purposes of this section, a person who is authorized to maintain custody and control over business records that reflect whether or not the owner of the live performance consented to having the live performance recorded or fixed is a competent witness in a proceeding regarding the issue of consent. (5) This section does not affect the rights and remedies of a party in private litigation. [2003 c 53 § 144; 1991 c 38 § 3; 1974 ex.s. c 100 § 3.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 19.25.040 Failure to disclose origin of certain recordings unlawful—Fine and penalty. (1) A person is guilty of failure to disclose the origin of a recording when, for commercial advantage or private financial gain, the person knowingly advertises, or offers for sale, resale, or rent, or sells or resells, or rents, leases, or lends, or possesses for any of these purposes, any recording which does not contain the true name and address of the manufacturer in a prominent place on the cover, jacket, or label of the recording. (2)(a) An offense under this section is a class B felony punishable by a fine of not more than two hundred fifty thousand dollars, imprisonment for not more than ten years, or both, if: (i) The offense involves at least one hundred unauthorized recordings during a one hundred eighty-day period; or (ii) The defendant has been previously convicted under this section. (b) An offense under this section is a class C felony punishable by a fine of not more than two hundred fifty thousand dollars, imprisonment for not more than five years, or both, if the offense involves more than ten but less than one hundred unauthorized recordings during a one hundred eighty-day period. 19.25.901 (c) Any other offense under this section is a gross misdemeanor punishable by a fine of not more than twenty-five thousand dollars, imprisonment for not more than one year, or both. (3) This section does not affect the rights and remedies of a party in private litigation. [2003 c 53 § 145; 1991 c 38 § 4; 1974 ex.s. c 100 § 4.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 19.25.050 Contraband recordings—Disposition, forfeiture, penalty. (1) All recordings which have been fixed transferred, or possessed without the consent of the owner in violation of RCW 19.25.020 or 19.25.030, and any recording which does not contain the true name and address of the manufacturer in violation of RCW 19.25.040 shall be deemed to be contraband. The court shall order the seizure, forfeiture, and destruction or other disposition of such contraband. (2) The owner or the prosecuting attorney may institute proceedings to forfeit contraband recordings. The provisions of this subsection shall apply to any contraband recording, regardless of lack of knowledge or intent on the part of the possessor, retail seller, manufacturer, or distributor. (3) Whenever a person is convicted of a violation under this chapter, the court, in its judgment of conviction, shall, in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all contraband recordings and any and all electronic, mechanical, or other devices for manufacturing, reproducing, packaging, or assembling such recordings, which were used to facilitate any violation of this chapter. [1991 c 38 § 5.] 19.25.050 19.25.800 Chapter not applicable to broadcast by commercial or educational radio or television. This chapter shall not be applicable to any recording that is used or intended to be used only for broadcast by commercial or educational radio or television stations. [1991 c 38 § 6.] 19.25.800 19.25.040 (2008 Ed.) 19.25.810 Chapter not applicable to certain nonrecorded broadcast use. This chapter shall not be applicable to any recording that is received in the ordinary course of a broadcast by a commercial or educational radio or television station where no recording is made of the broadcast. [1991 c 38 § 7.] 19.25.810 19.25.820 Chapter not applicable to defined public record. This chapter shall not be applicable to any recording defined as a public record of any court, legislative body, or proceedings of any public body, whether or not a fee is charged or collected for copies. [1991 c 38 § 8.] 19.25.820 19.25.900 Severability—1974 ex.s. c 100. If any provision of this 1974 act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected. [1974 ex.s. c 100 § 5.] 19.25.900 19.25.901 Severability—1991 c 38. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the 19.25.901 [Title 19 RCW—page 27] Chapter 19.27 Title 19 RCW: Business Regulations—Miscellaneous provision to other persons or circumstances is not affected. [1991 c 38 § 9.] Chapter 19.27 Chapter 19.27 RCW STATE BUILDING CODE Sections 19.27.010 19.27.015 19.27.020 19.27.031 19.27.035 19.27.040 19.27.042 19.27.050 19.27.060 19.27.065 19.27.067 19.27.070 19.27.074 19.27.080 19.27.085 19.27.090 19.27.095 19.27.097 19.27.100 19.27.110 19.27.111 19.27.113 19.27.120 19.27.140 19.27.150 19.27.160 19.27.170 19.27.175 19.27.180 19.27.190 19.27.490 19.27.500 19.27.510 19.27.520 Short title. Definitions. Purposes—Objectives—Standards. State building code—Adoption—Conflicts—Opinions. Process for review. Cities and counties authorized to amend state building code—Limitations. Cities and counties—Emergency exemptions for housing for indigent persons. Enforcement. Local building regulations superseded—Exceptions. Exemption—Temporary growing structures used for commercial production of horticultural plants. Temporary worker housing—Exemption—Standards. State building code council—Established—Membership— Travel expenses—Administrative, clerical assistance. State building code council—Duties—Public meetings— Timing of code changes. Chapters of RCW not affected. Building code council account—Building permit fee. Local jurisdictions reserved. Building permit application—Consideration—Requirements. Building permit application—Evidence of adequate water supply—Applicability—Exemption. Cities, towns, counties may impose fees different from state building code. International fire code—Administration and enforcement by counties, other political subdivisions and municipal corporations—Fees. RCW 19.27.080 not affected. Automatic fire-extinguishing systems for certain school buildings. Buildings or structures having special historical or architectural significance—Exception. Copy of permit to county assessor. Report to department of community, trade, and economic development. Counties with populations of from five thousand to less than ten thousand—Ordinance reenactment. Water conservation performance standards—Testing and identifying fixtures that meet standards—Marking and labeling fixtures. Recycled materials—Study code and adopt changes. Residential buildings moved into a city or county—Applicability of building codes and electrical installation requirements. Indoor air quality—Interim and final requirements for maintenance. Fish habitat enhancement project. Nightclubs—Automatic sprinkler system—Building code council shall adopt rules. "Nightclub" defined. Building constructed, used, or converted to nightclub—In accordance with chapter. Building permits: RCW 36.21.070 and 36.21.080. Counties adoption of building, plumbing, electrical codes, etc: RCW 36.32.120(7). building codes: Chapter 36.43 RCW. Energy-related building standards: Chapter 19.27A RCW. Underground storage tanks: RCW 90.76.020. 19.27.010 Short title. This chapter shall be known as the State Building Code Act. [1974 ex.s. c 96 § 1.] 19.27.010 19.27.015 Definitions. As used in this chapter: (1) "City" means a city or town; 19.27.015 [Title 19 RCW—page 28] (2) "Multifamily residential building" means common wall residential buildings that consist of four or fewer units, that do not exceed two stories in height, that are less than five thousand square feet in area, and that have a one-hour fireresistive occupancy separation between units; and (3) "Temporary growing structure" means a structure that has the sides and roof covered with polyethylene, polyvinyl, or similar flexible synthetic material and is used to provide plants with either frost protection or increased heat retention. [1996 c 157 § 1; 1985 c 360 § 1.] Effective date—1996 c 157: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 25, 1996]." [1996 c 157 § 3.] 19.27.020 Purposes—Objectives—Standards. The purpose of this chapter is to promote the health, safety and welfare of the occupants or users of buildings and structures and the general public by the provision of building codes throughout the state. Accordingly, this chapter is designed to effectuate the following purposes, objectives, and standards: (1) To require minimum performance standards and requirements for construction and construction materials, consistent with accepted standards of engineering, fire and life safety. (2) To require standards and requirements in terms of performance and nationally accepted standards. (3) To permit the use of modern technical methods, devices and improvements. (4) To eliminate restrictive, obsolete, conflicting, duplicating and unnecessary regulations and requirements which could unnecessarily increase construction costs or retard the use of new materials and methods of installation or provide unwarranted preferential treatment to types or classes of materials or products or methods of construction. (5) To provide for standards and specifications for making buildings and facilities accessible to and usable by physically disabled persons. (6) To consolidate within each authorized enforcement jurisdiction, the administration and enforcement of building codes. [1985 c 360 § 6; 1974 ex.s. c 96 § 2.] 19.27.020 19.27.031 State building code—Adoption—Conflicts—Opinions. Except as otherwise provided in this chapter, there shall be in effect in all counties and cities the state building code which shall consist of the following codes which are hereby adopted by reference: (1)(a) The International Building Code, published by the International Code Council[,] Inc.; (b) The International Residential Code, published by the International Code Council, Inc.; (2) The International Mechanical Code, published by the International Code Council[,] Inc., except that the standards for liquified petroleum gas installations shall be NFPA 58 (Storage and Handling of Liquified Petroleum Gases) and ANSI Z223.1/NFPA 54 (National Fuel Gas Code); (3) The International Fire Code, published by the International Code Council[,] Inc., including those standards of the National Fire Protection Association specifically referenced in the International Fire Code: PROVIDED, That, notwithstanding any wording in this code, participants in reli19.27.031 (2008 Ed.) State Building Code gious ceremonies shall not be precluded from carrying handheld candles; (4) Except as provided in RCW 19.27.170, the Uniform Plumbing Code and Uniform Plumbing Code Standards, published by the International Association of Plumbing and Mechanical Officials: PROVIDED, That any provisions of such code affecting sewers or fuel gas piping are not adopted; and (5) The rules adopted by the council establishing standards for making buildings and facilities accessible to and usable by the physically disabled or elderly persons as provided in RCW 70.92.100 through 70.92.160. In case of conflict among the codes enumerated in subsections (1), (2), (3), and (4) of this section, the first named code shall govern over those following. The codes enumerated in this section shall be adopted by the council as provided in RCW 19.27.074. The council shall solicit input from first responders to ensure that firefighter safety issues are addressed during the code adoption process. The council may issue opinions relating to the codes at the request of a local official charged with the duty to enforce the enumerated codes. [2003 c 291 § 2; 1995 c 343 § 1. Prior: 1989 c 348 § 9; 1989 c 266 § 1; 1985 c 360 § 5.] Intent—Finding—2003 c 291: "(1) The intent of the adoption of the International Building Code by the legislature is to remain consistent with state laws regulating construction, including electrical, plumbing, and energy codes established in chapters 19.27, 19.27A, and 19.28 RCW. The International Building Code references the International Residential Code for provisions related to the construction of single and multiple-family dwellings. No portion of the International Residential Code shall supersede or take precedent over provisions in chapter 19.28 RCW, regulating the electrical code; nor provisions in RCW 19.27.031(4), regulating the plumbing code; nor provisions in chapter 19.27A RCW, regulating the energy code. (2) It is in the state’s interest and consistent with the state building code act to have in effect provisions regulating the construction of single and multiple-family residences. It is the legislative intent that the state building code council adopt the International Residential Code through rule making granted in RCW 19.27.074, consistent with state law regulating construction for electrical, plumbing, and energy codes, and other state and federal laws regulating single and multiple-family construction. (3) In accordance with RCW 19.27.020, the state building code council shall promote fire and life safety in buildings consistent with accepted standards. In adopting the codes for the state of Washington, the state building code council shall consider provisions related to firefighter safety published by nationally recognized organizations. The state building code council shall review all nationally recognized codes as set forth in RCW 19.27.074. (4) The legislature finds that building codes are an integral component of affordable housing. In accordance with this finding, the state building code council shall consider and review building code provisions related to improving affordable housing." [2003 c 291 § 1.] Severability—1989 c 348: See note following RCW 90.54.020. Rights not impaired—1989 c 348: See RCW 90.54.920. 19.27.035 Process for review. The building code council shall, within one year of July 23, 1989, adopt a process for the review of proposed statewide amendments to the codes enumerated in RCW 19.27.031, and proposed or enacted local amendments to the codes enumerated in RCW 19.27.031 as amended and adopted by the state building code council. [1989 c 266 § 6.] 19.27.035 19.27.040 Cities and counties authorized to amend state building code—Limitations. The governing body of each county or city is authorized to amend the state building code as it applies within the jurisdiction of the county or city. 19.27.040 (2008 Ed.) 19.27.060 The minimum performance standards of the codes and the objectives enumerated in RCW 19.27.020 shall not be diminished by any county or city amendments. Nothing in this chapter shall authorize any modifications of the requirements of chapter 70.92 RCW. [1990 c 2 § 11; 1985 c 360 § 8; 1977 ex.s. c 14 § 12; 1974 ex.s. c 96 § 4.] Effective dates—1990 c 2: "Sections 1 through 4, 6, 7, 9, and 10 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect March 1, 1990. Sections 11 and 12 of this act shall take effect January 1, 1991. Section 8 of this act shall take effect July 1, 1991." [1990 c 2 § 14.] Findings—Severability—1990 c 2: See notes following RCW 19.27A.015. 19.27.042 Cities and counties—Emergency exemptions for housing for indigent persons. (1) Effective January 1, 1992, the legislative authorities of cities and counties may adopt an ordinance or resolution to exempt from state building code requirements buildings whose character of use or occupancy has been changed in order to provide housing for indigent persons. The ordinance or resolution allowing the exemption shall include the following conditions: (a) The exemption is limited to existing buildings located in this state; (b) Any code deficiencies to be exempted pose no threat to human life, health, or safety; (c) The building or buildings exempted under this section are owned or administered by a public agency or nonprofit corporation; and (d) The exemption is authorized for no more than five years on any given building. An exemption for a building may be renewed if the requirements of this section are met for each renewal. (2) By January 1, 1992, the state building code council shall adopt by rule, guidelines for cities and counties exempting buildings under subsection (1) of this section. [1991 c 139 § 1.] 19.27.042 19.27.050 Enforcement. The state building code required by this chapter shall be enforced by the counties and cities. Any county or city not having a building department shall contract with another county, city, or inspection agency approved by the county or city for enforcement of the state building code within its jurisdictional boundaries. [1985 c 360 § 9; 1974 ex.s. c 96 § 5.] 19.27.050 19.27.060 Local building regulations superseded— Exceptions. (1) The governing bodies of counties and cities may amend the codes enumerated in RCW 19.27.031 as amended and adopted by the state building code council as they apply within their respective jurisdictions, but the amendments shall not result in a code that is less than the minimum performance standards and objectives contained in the state building code. (a) No amendment to a code enumerated in RCW 19.27.031 as amended and adopted by the state building code council that affects single family or multifamily residential buildings shall be effective unless the amendment is approved by the building code council under RCW 19.27.074(1)(b). 19.27.060 [Title 19 RCW—page 29] 19.27.065 Title 19 RCW: Business Regulations—Miscellaneous (b) Any county or city amendment to a code enumerated in RCW 19.27.031 which is approved u nder RCW 19.27.074(1)(b) shall continue to be effective after any action is taken under RCW 19.27.074(1)(a) without necessity of reapproval under RCW 19.27.074(1)(b) unless the amendment is declared null and void by the council at the time any action is taken under RCW 19.27.074(1)(a) because such action in any way altered the impact of the amendment. (2) Except as permitted or provided otherwise under this section, the state building code shall be applicable to all buildings and structures including those owned by the state or by any governmental subdivision or unit of local government. (3) The governing body of each county or city may limit the application of any portion of the state building code to exclude specified classes or types of buildings or structures according to use other than single family or multifamily residential buildings. However, in no event shall fruits or vegetables of the tree or vine stored in buildings or warehouses constitute combustible stock for the purposes of application of the uniform fire code. A governing body of a county or city may inspect facilities used for temporary storage and processing of agricultural commodities. (4) The provisions of this chapter shall not apply to any building four or more stories high with a B occupancy as defined by the uniform building code, 1982 edition, and with a city fire insurance rating of 1, 2, or 3 as defined by a recognized fire rating bureau or organization. (5) No provision of the uniform fire code concerning roadways shall be part of the state building code: PROVIDED, That this subsection shall not limit the authority of a county or city to adopt street, road, or access standards. (6) The provisions of the state building code may be preempted by any city or county to the extent that the code provisions relating to the installation or use of sprinklers in jail cells conflict with the secure and humane operation of jails. (7)(a) Effective one year after July 23, 1989, the governing bodies of counties and cities may adopt an ordinance or resolution to exempt from permit requirements certain construction or alteration of either group R, division 3, or group M, division 1 occupancies, or both, as defined in the uniform building code, 1988 edition, for which the total cost of fair market value of the construction or alteration does not exceed fifteen hundred dollars. The permit exemption shall not otherwise exempt the construction or alteration from the substantive standards of the codes enumerated in RCW 19.27.031, as amended and maintained by the state building code council under RCW 19.27.070. (b) Prior to July 23, 1989, the state building code council shall adopt by rule, guidelines exempting from permit requirements certain construction and alteration activities under (a) of this subsection. [2002 c 135 § 1. Prior: 1989 c 266 § 2; 1989 c 246 § 1; 1987 c 462 § 12; 1986 c 118 § 15; 1985 c 360 § 10; 1981 2nd ex.s. c 12 § 5; 1980 c 64 § 1; 1975 1st ex.s. c 282 § 2; 1974 ex.s. c 96 § 6.] Effective dates—1987 c 462: See note following RCW 13.04.116. 19.27.065 Exemption—Temporary growing structures used for commercial production of horticultural plants. The provisions of this chapter do not apply to temporary growing structures used solely for the commercial pro19.27.065 [Title 19 RCW—page 30] duction of horticultural plants including ornamental plants, flowers, vegetables, and fruits. A temporary growing structure is not considered a building for purposes of this chapter. [1996 c 157 § 2.] Effective date—1996 c 157: See note following RCW 19.27.015. 19.27.067 Temporary worker housing—Exemption—Standards. (1) Temporary worker housing shall be constructed, altered, or repaired as provided in chapter 70.114A RCW and chapter 37, Laws of 1998. The construction, alteration, or repair of temporary worker housing is not subject to the codes adopted under RCW 19.27.031, except as provided by rule adopted under chapter 70.114A RCW or chapter 37, Laws of 1998. (2) For the purpose of this section, "temporary worker housing" has the same meaning as provided in RCW 70.114A.020. (3) This section is applicable to temporary worker housing as of the date of the final adoption of the temporary worker building code by the department of health under RCW 70.114A.081. [1998 c 37 § 1.] 19.27.067 19.27.070 State building code council—Established—Membership—Travel expenses—Administrative, clerical assistance. There is hereby established a state building code council to be appointed by the governor. (1) The state building code council shall consist of fifteen members, two of whom shall be county elected legislative body members or elected executives and two of whom shall be city elected legislative body members or mayors. One of the members shall be a local government building code enforcement official and one of the members shall be a local government fire service official. Of the remaining nine members, one member shall represent general construction, specializing in commercial and industrial building construction; one member shall represent general construction, specializing in residential and multifamily building construction; one member shall represent the architectural design profession; one member shall represent the structural engineering profession; one member shall represent the mechanical engineering profession; one member shall represent the construction building trades; one member shall represent manufacturers, installers, or suppliers of building materials and components; one member shall be a person with a physical disability and shall represent the disability community; and one member shall represent the general public. At least six of these fifteen members shall reside east of the crest of the Cascade mountains. The council shall include: Two members of the house of representatives appointed by the speaker of the house, one from each caucus; two members of the senate appointed by the president of the senate, one from each caucus; and an employee of the electrical division of the department of labor and industries, as ex officio, nonvoting members with all other privileges and rights of membership. Terms of office shall be for three years. The council shall elect a member to serve as chair of the council for one-year terms of office. Any member who is appointed by virtue of being an elected official or holding public employment shall be removed from the council if he or she ceases being such an elected official or holding such public employment. Before 19.27.070 (2008 Ed.) State Building Code 19.27.095 making any appointments to the building code council, the governor shall seek nominations from recognized organizations which represent the entities or interests listed in this subsection. Members serving on the council on July 28, 1985, may complete their terms of office. Any vacancy shall be filled by alternating appointments from governmental and nongovernmental entities or interests until the council is constituted as required by this subsection. (2) Members shall not be compensated but shall receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060. (3) The department of community, trade, and economic development shall provide administrative and clerical assistance to the building code council. [1995 c 399 § 8; 1989 c 246 § 2; 1987 c 505 § 7; 1985 c 360 § 11; 1984 c 287 § 55; 1975-’76 2nd ex.s. c 34 § 59; 1974 ex.s. c 96 § 7.] 19.27.080 Chapters of RCW not affected. Nothing in this chapter affects the provisions of chapters 19.27A, 19.28, 43.22, 70.77, 70.79, 70.87, *48.48, 18.20, 18.46, 18.51, 28A.305, 70.41, 70.62, 70.75, 70.108, 71.12, 74.15, 70.94, 76.04, 90.76 RCW, or RCW 28A.195.010, or grants rights to duplicate the authorities provided under chapters 70.94 or 76.04 RCW. [2003 c 291 § 3; 1990 c 33 § 555; 1989 c 346 § 19; 1975 1st ex.s. c 282 § 1; 1974 ex.s. c 96 § 8.] Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. 19.27.085 Building code council account—Building permit fee. (1) There is hereby created the building code council account in the state treasury. Moneys deposited into the account shall be used by the building code council, after appropriation, to perform the purposes of the council. (2) All moneys collected under subsection (3) of this section shall be deposited into the building code council account. Every four years the state treasurer shall report to the legislature on the balances in the account so that the legislature may adjust the charges imposed under subsection (3) of this section. (3) There is imposed a fee of four dollars and fifty cents on each building permit issued by a county or a city, plus an additional surcharge of two dollars for each residential unit, but not including the first unit, on each building containing more than one residential unit. Quarterly each county and city shall remit moneys collected under this section to the state treasury; however, no remittance is required until a minimum of fifty dollars has accumulated pursuant to this subsection. [1989 c 256 § 1; 1985 c 360 § 4.] Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. 19.27.074 State building code council—Duties—Public meetings—Timing of code changes. (1) The state building code council shall: (a) Adopt and maintain the codes to which reference is made in RCW 19.27.031 in a status which is consistent with the state’s interest as set forth in RCW 19.27.020. In maintaining these codes, the council shall regularly review updated versions of the codes referred to in RCW 19.27.031 and other pertinent information and shall amend the codes as deemed appropriate by the council; (b) Approve or deny all county or city amendments to any code referred to in RCW 19.27.031 to the degree the amendments apply to single family or multifamily residential buildings; (c) As required by the legislature, develop and adopt any codes relating to buildings; and (d) Propose a budget for the operation of the state building code council to be submitted to the office of financial management pursuant to RCW 43.88.090. (2) The state building code council may: (a) Appoint technical advisory committees which may include members of the council; (b) Employ permanent and temporary staff and contract for services; and (c) Conduct research into matters relating to any code or codes referred to in RCW 19.27.031 or any related matter. All meetings of the state building code council shall be open to the public under the open public meetings act, chapter 42.30 RCW. All actions of the state building code council which adopt or amend any code of statewide applicability shall be pursuant to the administrative procedure act, chapter 34.05 RCW. All council decisions relating to the codes enumerated in RCW 19.27.031 shall require approval by at least a majority of the members of the council. All decisions to adopt or amend codes of statewide application shall be made prior to December 1 of any year and shall not take effect before the end of the regular legislative session in the next year. [1989 c 266 § 3; 1985 c 360 § 2.] 19.27.074 (2008 Ed.) 19.27.080 *Reviser’s note: Chapter 48.48 RCW was recodified in its entirety as chapter 43.44 RCW pursuant to 2006 c 25 § 13. Intent—Finding—2003 c 291: See note following RCW 19.27.031. Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102. Captions—Severability—Effective date—1989 c 346: See RCW 90.76.900 through 90.76.902. 19.27.085 19.27.090 Local jurisdictions reserved. Local land use and zoning requirements, building setbacks, side and rear-yard requirements, site development, property line requirements, requirements adopted by counties or cities pursuant to chapter 58.17 RCW, snow load requirements, wind load requirements, and local fire zones are specifically reserved to local jurisdictions notwithstanding any other provision of this chapter. [1989 c 266 § 5; 1974 ex.s. c 96 § 9.] 19.27.090 19.27.095 Building permit application—Consideration—Requirements. (1) A valid and fully complete building permit application for a structure, that is permitted under the zoning or other land use control ordinances in effect on the date of the application shall be considered under the building permit ordinance in effect at the time of application, and the zoning or other land use control ordinances in effect on the date of application. (2) The requirements for a fully completed application shall be defined by local ordinance but for any construction project costing more than five thousand dollars the application shall include, at a minimum: (a) The legal description, or the tax parcel number assigned pursuant to RCW 84.40.160, and the street address 19.27.095 [Title 19 RCW—page 31] 19.27.097 Title 19 RCW: Business Regulations—Miscellaneous if available, and may include any other identification of the construction site by the prime contractor; (b) The property owner’s name, address, and phone number; (c) The prime contractor’s business name, address, phone number, current state contractor registration number; and (d) Either: (i) The name, address, and phone number of the office of the lender administering the interim construction financing, if any; or (ii) The name and address of the firm that has issued a payment bond, if any, on behalf of the prime contractor for the protection of the owner, if the bond is for an amount not less than fifty percent of the total amount of the construction project. (3) The information required on the building permit application by subsection (2)(a) through (d) of this section shall be set forth on the building permit document which is issued to the owner, and on the inspection record card which shall be posted at the construction site. (4) The information required by subsection (2) of this section and information supplied by the applicant after the permit is issued under subsection (5) of this section shall be kept on record in the office where building permits are issued and made available to any person on request. If a copy is requested, a reasonable charge may be made. (5) If any of the information required by subsection (2)(d) of this section is not available at the time the application is submitted, the applicant shall so state and the application shall be processed forthwith and the permit issued as if the information had been supplied, and the lack of the information shall not cause the application to be deemed incomplete for the purposes of vesting under subsection (1) of this section. However, the applicant shall provide the remaining information as soon as the applicant can reasonably obtain such information. (6) The limitations imposed by this section shall not restrict conditions imposed under chapter 43.21C RCW. [1991 c 281 § 27; 1987 c 104 § 1.] Liberal construction—Effective date, application—1991 c 281: See RCW 60.04.900 and 60.04.902. 19.27.097 Building permit application—Evidence of adequate water supply—Applicability—Exemption. (1) Each applicant for a building permit of a building necessitating potable water shall provide evidence of an adequate water supply for the intended use of the building. Evidence may be in the form of a water right permit from the department of ecology, a letter from an approved water purveyor stating the ability to provide water, or another form sufficient to verify the existence of an adequate water supply. In addition to other authorities, the county or city may impose conditions on building permits requiring connection to an existing public water system where the existing system is willing and able to provide safe and reliable potable water to the applicant with reasonable economy and efficiency. An application for a water right shall not be sufficient proof of an adequate water supply. (2) Within counties not required or not choosing to plan pursuant to RCW 36.70A.040, the county and the state may 19.27.097 [Title 19 RCW—page 32] mutually determine those areas in the county in which the requirements of subsection (1) of this section shall not apply. The departments of health and ecology shall coordinate on the implementation of this section. Should the county and the state fail to mutually determine those areas to be designated pursuant to this subsection, the county may petition the department of community, trade, and economic development to mediate or, if necessary, make the determination. (3) Buildings that do not need potable water facilities are exempt from the provisions of this section. The department of ecology, after consultation with local governments, may adopt rules to implement this section, which may recognize differences between high-growth and low-growth counties. [1995 c 399 § 9; 1991 sp.s. c 32 § 28; 1990 1st ex.s. c 17 § 63.] Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902. Severability—Part, section headings not law—1990 1st ex.s. c 17: See RCW 36.70A.900 and 36.70A.901. 19.27.100 19.27.100 Cities, towns, counties may impose fees different from state building code. Nothing in this chapter shall prohibit a city, town, or county of the state from imposing fees different from those set forth in the state building code. [1975 1st ex.s. c 8 § 1.] 19.27.110 19.27.110 International fire code—Administration and enforcement by counties, other political subdivisions and municipal corporations—Fees. Each county government shall administer and enforce the International Fire Code in the unincorporated areas of the county: PROVIDED, That any political subdivision or municipal corporation providing fire protection pursuant to RCW 14.08.120 shall, at its sole option, be responsible for administration and enforcement of the International Fire Code on its facility. Any fire protection district or political subdivision may, pursuant to chapter 39.34 RCW, the interlocal cooperation act, assume all or a portion of the administering responsibility and coordinate and cooperate with the county government in the enforcement of the International Fire Code. It is not the intent of RCW 19.27.110 and 19.27.111 to preclude or limit the authority of any city, town, county, fire protection district, state agency, or political subdivision from engaging in those fire prevention activities with which they are charged. It is not the intent of the legislature by adopting the state building code or RCW 19.27.110 and 19.27.111 to grant counties any more power to suppress or extinguish fires than counties currently possess under the Constitution or other statutes. Each county is authorized to impose fees sufficient to pay the cost of inspections, administration, and enforcement pursuant to RCW 19.27.110 and 19.27.111. [2003 c 291 § 4; 1975-’76 2nd ex.s. c 37 § 1.] Intent—Finding—2003 c 291: See note following RCW 19.27.031. 19.27.111 19.27.111 RCW 19.27.080 not affected. Nothing in RCW 19.27.110 shall affect the provisions of RCW 19.27.080. [1975-’76 2nd ex.s. c 37 § 2.] (2008 Ed.) State Building Code 19.27.113 Automatic fire-extinguishing systems for certain school buildings. The building code council shall adopt rules by December 1, 1991, requiring that all buildings classed as E-1 occupancies, as defined in the state building code, except portable school classrooms, constructed after July 28, 1991, be provided with an automatic fire-extinguishing system. Rules adopted by the council shall consider applicable nationally recognized fire and building code standards and local conditions. By December 15, 1991, the council shall transmit to the superintendent of public instruction, the state board of education, and the fire protection policy board copies of the rules as adopted. The superintendent of public instruction, the state board of education, and the fire protection policy board shall respond to the council by February 15, 1992, with any recommended changes to the rule. If changes are recommended the council shall immediately consider those changes to the rules through its rule-making procedures. The rules shall be effective on July 1, 1992. [1991 c 170 § 1.] 19.27.113 Schools—Standards for fire prevention and safety: RCW 43.44.030. 19.27.120 Buildings or structures having special historical or architectural significance—Exception. (1) Repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation, strengthening, or continued use of a building or structure may be made without conformance to all of the requirements of the codes adopted under RCW 19.27.031, when authorized by the appropriate building official under the rules adopted under subsection (2) of this section, provided: (a) The building or structure: (i) Has been designated by official action of a legislative body as having special historical or architectural significance, or (ii) is an unreinforced masonry building or structure on the state or the national register of historic places, or is potentially eligible for placement on such registers; and (b) The restored building or structure will be less hazardous, based on life and fire risk, than the existing building. (2) The state building code council shall adopt rules, where appropriate, to provide alternative methods to those otherwise required under this chapter for repairs, alterations, and additions necessary for preservation, restoration, rehabilitation, strengthening, or continued use of buildings and structures identified under subsection (1) of this section. [1985 c 360 § 13; 1975-’76 2nd ex.s. c 11 § 1.] 19.27.120 19.27.140 Copy of permit to county assessor. A copy of any permit obtained under the state building code for construction or alteration work of a total cost or fair market value in excess of five hundred dollars, shall be transmitted by the issuing authority to the county assessor of the county where the property on which the construction or alteration work is located. The building permit shall contain the county assessor’s parcel number. [1989 c 246 § 5.] 19.27.140 19.27.150 Report to department of community, trade, and economic development. Every month a copy of the United States department of commerce, bureau of the census’ "report of building or zoning permits issued and local public construction" or equivalent report shall be transmitted 19.27.150 (2008 Ed.) 19.27.170 by the governing bodies of counties and cities to the department of community, trade, and economic development. [1995 c 399 § 10; 1989 c 246 § 6.] 19.27.160 Counties with populations of from five thousand to less than ten thousand—Ordinance reenactment. Any county with a population of from five thousand to less than ten thousand that had in effect on July 1, 1985, an ordinance or resolution authorizing and regulating the construction of owner-built residences may reenact such an ordinance or resolution if the ordinance or resolution is reenacted before September 30, 1989. After reenactment, the county shall transmit a copy of the ordinance or resolution to the state building code council. [1991 c 363 § 16; 1989 c 246 § 7.] 19.27.160 Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. 19.27.170 Water conservation performance standards—Testing and identifying fixtures that meet standards—Marking and labeling fixtures. (1) The state building code council shall adopt rules under chapter 34.05 RCW that implement and incorporate the water conservation performance standards in subsections (4) and (5) of this section. These standards shall apply to all new construction and all remodeling involving replacement of plumbing fixtures in all residential, hotel, motel, school, industrial, commercial use, or other occupancies determined by the council to use significant quantities of water. (2) The legislature recognizes that a phasing-in approach to these new standards is appropriate. Therefore, standards in subsection (4) of this section shall take effect on July 1, 1990. The standards in subsection (5) of this section shall take effect July 1, 1993. (3) No individual, public or private corporation, firm, political subdivision, government agency, or other legal entity may, for purposes of use in this state, distribute, sell, offer for sale, import, install, or approve for installation any plumbing fixtures unless the fixtures meet the standards as provided for in this section. (4) Standards for water use efficiency effective July 1, 1990. (a) Standards for waterclosets. The guideline for maximum water use allowed in gallons per flush (gpf) for any of the following waterclosets is the following: Tank-type toilets . . . . . . . . . . . . . . . . . . 3.5 gpf. Flushometer-valve toilets . . . . . . . . . . . 3.5 gpf. Flushometer-tank toilets . . . . . . . . . . . . 3.5 gpf. Electromechanical hydraulic toilets . . . 3.5 gpf. (b) Standard for urinals. The guideline for maximum water use allowed for any urinal is 3.0 gallons per flush. (c) Standard for showerheads. The guideline for maximum water use allowed for any showerhead is 3.0 gallons per minute. (d) Standard for faucets. The guideline for maximum water use allowed in gallons per minute (gpm) for any of the following faucets and replacement aerators is the following: Bathroom faucets . . . . . . . . . . . . . . . . . 3.0 gpm. Lavatory faucets . . . . . . . . . . . . . . . . . . 3.0 gpm. Kitchen faucets . . . . . . . . . . . . . . . . . . . 3.0 gpm. Replacement aerators . . . . . . . . . . . . . . 3.0 gpm. 19.27.170 [Title 19 RCW—page 33] 19.27.175 Title 19 RCW: Business Regulations—Miscellaneous (e) Except where designed and installed for use by the physically handicapped, lavatory faucets located in restrooms intended for use by the general public must be equipped with a metering valve designed to close by spring or water pressure when left unattended (self-closing). (f) No urinal or watercloset that operates on a continuous flow or continuous flush basis shall be permitted. (5) Standards for water use efficiency effective July 1, 1993. (a) Standards for waterclosets. The guideline for maximum water use allowed in gallons per flush (gpf) for any of the following waterclosets is the following: Tank-type toilets . . . . . . . . . . . . . . . . . . 1.6 gpf. Flushometer-tank toilets . . . . . . . . . . . . 1.6 gpf. Electromechanical hydraulic toilets . . . 1.6 gpf. (b) Standards for urinals. The guideline for maximum water use allowed for any urinal is 1.0 gallons per flush. (c) Standards for showerheads. The guideline for maximum water use allowed for any showerhead is 2.5 gallons per minute. (d) Standards for faucets. The guideline for maximum water use allowed in gallons per minute for any of the following faucets and replacement aerators is the following: Bathroom faucets . . . . . . . . . . . . . . . . . 2.5 gpm. Lavatory faucets . . . . . . . . . . . . . . . . . . 2.5 gpm. Kitchen faucets . . . . . . . . . . . . . . . . . . . 2.5 gpm. Replacement aerators . . . . . . . . . . . . . . 2.5 gpm. (e) Except where designed and installed for use by the physically handicapped, lavatory faucets located in restrooms intended for use by the general public must be equipped with a metering valve designed to close by water pressure when unattended (self-closing). (f) No urinal or watercloset that operates on a continuous flow or continuous basis shall be permitted. (6) The building code council shall establish methods and procedures for testing and identifying fixtures that meet the standards established in subsection (5) of this section. The council shall use the testing standards designated as American national standards, written under American national standards institute procedures or other widely recognized national testing standards. The council shall either review test results from independent testing laboratories that are submitted by manufacturers of plumbing fixtures or accept data submitted to and evaluated by the international association of plumbing and mechanical officials. The council shall publish and widely distribute a current list of fixtures that meet the standards established in subsection (5) of this section. (7) The building code council shall adopt rules for marking and labeling fixtures meeting the standards established in subsection (5) of this section. (8) This section shall not apply to fixtures installed before July 28, 1991, that are removed and relocated to another room or area of the same building after July 28, 1991, nor shall it apply to fixtures, as determined by the council, that in order to perform a specialized function, cannot meet the standards specified in this section. (9) The water conservation performance standards shall supersede all local government codes. After July 1, 1990, cities, towns, and counties shall not amend the code revisions [Title 19 RCW—page 34] and standards established under subsection (4) or (5) of this section. [1991 c 347 § 16; 1989 c 348 § 8.] Purposes—1991 c 347: See note following RCW 90.42.005. Severability—1991 c 347: See RCW 90.42.900. Severability—1989 c 348: See note following RCW 90.54.020. Rights not impaired—1989 c 348: See RCW 90.54.920. 19.27.175 Recycled materials—Study code and adopt changes. The state building code council, in consultation with the department of ecology and local governments, shall conduct a study of the state building code, and adopt changes as necessary to encourage greater use of recycled building materials from construction and building demolition debris, mixed waste paper, waste paint, waste plastics, and other waste materials. [1991 c 297 § 15.] 19.27.175 Captions not law—1991 c 297: See RCW 43.19A.900. 19.27.180 Residential buildings moved into a city or county—Applicability of building codes and electrical installation requirements. (1) Residential buildings or structures moved into or within a county or city are not required to comply with all of the requirements of the codes enumerated in chapters 19.27 and 19.27A RCW, as amended and maintained by the state building code council and chapter 19.28 RCW, if the original occupancy classification of the building or structure is not changed as a result of the move. (2) This section shall not apply to residential structures or buildings that are substantially remodeled or rehabilitated, nor to any work performed on a new or existing foundation. (3) For the purposes of determining whether a moved building or structure has been substantially remodeled or rebuilt, any cost relating to preparation, construction, or renovation of the foundation shall not be considered. [1992 c 79 § 1; 1989 c 313 § 2.] 19.27.180 Finding—1989 c 313: "The legislature finds that moved buildings or structures can provide affordable housing for many persons of lower income; that many of the moved structures or buildings were legally built to the construction standards of their day; and that requiring the moved building or structure to meet all new construction codes may limit their use as an affordable housing option for persons of lower income. The legislature further finds that application of the new construction code standards to moved structures and buildings present unique difficulties and that it is the intent of the legislature that any moved structure or building that meets the codes at the time it was constructed does not need to comply with any updated state building code unless the structure is substantially remodeled or rebuilt." [1989 c 313 § 1.] 19.27.190 Indoor air quality—Interim and final requirements for maintenance. (1)(a) Not later than January 1, 1991, the state building code council, in consultation with the department of community, trade, and economic development, shall establish interim requirements for the maintenance of indoor air quality in newly constructed residential buildings. In establishing the interim requirements, the council shall take into consideration differences in heating fuels and heating system types. These requirements shall be in effect July 1, 1991, through June 30, 1993. (b) The interim requirements for new electrically space heated residential buildings shall include ventilation standards which provide for mechanical ventilation in areas of the residence where water vapor or cooking odors are produced. The ventilation shall be exhausted to the outside of the 19.27.190 (2008 Ed.) State Building Code structure. The ventilation standards shall further provide for the capacity to supply outside air to each bedroom and the main living area through dedicated supply air inlet locations in walls, or in an equivalent manner. At least one exhaust fan in the home shall be controlled by a dehumidistat or clock timer to ensure that sufficient whole house ventilation is regularly provided as needed. (c)(i) For new single family residences with electric space heating systems, zero lot line homes, each unit in a duplex, and each attached housing unit in a planned unit development, the ventilation standards shall include fifty cubic feet per minute of effective installed ventilation capacity in each bathroom and one hundred cubic feet per minute of effective installed ventilation capacity in each kitchen. (ii) For other new residential units with electric space heating systems the ventilation standards may be satisfied by the installation of two exhaust fans with a combined effective installed ventilation capacity of two hundred cubic feet per minute. (iii) Effective installed ventilation capacity means the capability to deliver the specified ventilation rates for the actual design of the ventilation system. Natural ventilation and infiltration shall not be considered acceptable substitutes for mechanical ventilation. (d) For new residential buildings that are space heated with other than electric space heating systems, the interim standards shall be designed to result in indoor air quality equivalent to that achieved with the interim ventilation standards for electric space heated homes. (e) The interim requirements for all newly constructed residential buildings shall include standards for indoor air quality pollutant source control, including the following requirements: All structural panel components of the residence shall comply with appropriate standards for the emission of formaldehyde; the back-drafting of combustion byproducts from combustion appliances shall be minimized through the use of dampers, vents, outside combustion air sources, or other appropriate technologies; and, in areas of the state where monitored data indicate action is necessary to inhibit indoor radon gas concentrations from exceeding appropriate health standards, entry of radon gas into homes shall be minimized through appropriate foundation construction measures. (2) No later than January 1, 1993, the state building code council, in consultation with the department of community, trade, and economic development, shall establish final requirements for the maintenance of indoor air quality in newly constructed residences to be in effect beginning July 1, 1993. For new electrically space heated residential buildings, these requirements shall maintain indoor air quality equivalent to that provided by the mechanical ventilation and indoor air pollutant source control requirements included in the February 7, 1989, Bonneville power administration record of decision for the environmental impact statement on new energy efficient homes programs (DOE/EIS-0127F) built with electric space heating. In residential units other than single family, zero lot line, duplexes, and attached housing units in planned unit developments, ventilation requirements may be satisfied by the installation of two exhaust fans with a combined effective installed ventilation capacity of two hundred cubic feet per minute. For new residential buildings that (2008 Ed.) 19.27.520 are space heated with other than electric space heating systems, the standards shall be designed to result in indoor air quality equivalent to that achieved with the ventilation and source control standards for electric space heated homes. In establishing the final requirements, the council shall take into consideration differences in heating fuels and heating system types. [1996 c 186 § 501; 1990 c 2 § 7.] Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904. Effective dates—1990 c 2: See note following RCW 19.27.040. Findings—Severability—1990 c 2: See notes following RCW 19.27A.015. 19.27.490 19.27.490 Fish habitat enhancement project. A fish habitat enhancement project meeting the criteria of *RCW 77.55.290(1) is not subject to grading permits, inspections, or fees and shall be reviewed according to the provisions of *RCW 77.55.290. [2003 c 39 § 11; 1998 c 249 § 14.] *Reviser’s note: RCW 77.55.290 was recodified as RCW 77.55.181 pursuant to 2005 c 146 § 1001. Findings—Purpose—Report—Effective date—1998 c 249: See notes following RCW 77.55.181. 19.27.500 19.27.500 Nightclubs—Automatic sprinkler system—Building code council shall adopt rules. (1) The building code council shall adopt rules requiring that all nightclubs be provided with an automatic sprinkler system. Rules adopted by the council shall consider applicable nationally recognized fire and building code standards and local conditions and require that the automatic sprinkler systems be installed by December 1, 2009. (2) The council shall transmit to the fire protection policy board copies of the rules as adopted. The fire protection policy board shall respond to the council within sixty days after receipt of the rules. If changes are recommended by the fire protection policy board the council shall immediately consider those changes to the rules through its rule-making procedures. [2007 c 434 § 1; 2005 c 148 § 1.] 19.27.510 19.27.510 "Nightclub" defined. As used in this chapter: "Nightclub" means an A-2 occupancy use under the 2006 international building code in which the aggregate area of concentrated use of unfixed chairs and standing space that is specifically designated and primarily used for dancing or viewing performers exceeds three hundred fifty square feet, excluding adjacent lobby areas. "Nightclub" does not include theaters with fixed seating, banquet halls, or lodge halls. [2007 c 434 § 2; 2005 c 148 § 2.] 19.27.520 19.27.520 Building constructed, used, or converted to nightclub—In accordance with chapter. No building shall be constructed for, used for, or converted to, occupancy as a nightclub except in accordance with this chapter. [2005 c 148 § 3.] [Title 19 RCW—page 35] Chapter 19.27A Title 19 RCW: Business Regulations—Miscellaneous Chapter 19.27A RCW ENERGY-RELATED BUILDING STANDARDS Chapter 19.27A Sections 19.27A.015 State energy code—Minimum and maximum energy code. 19.27A.020 State energy code—Adoption by state building code council— Standards—Preemption of local residential energy codes. 19.27A.025 Nonresidential buildings—Minimum standards—Amendments. 19.27A.027 Personal wireless service facilities exempt from building envelope insulation requirements. 19.27A.035 Payments by electric utilities to owners of residential buildings—Recovery of expenses—Effect of Pacific Northwest electric power planning and conservation act—Expiration of subsections. 19.27A.045 Maintaining energy code for residential structures. 19.27A.050 State building code council—Construction—Inclusion of successor agency. 19.27A.060 Hot water heaters—Temperature regulation. 19.27A.065 Study of state building code relating to energy by legislative committees on energy and utilities. 19.27A.070 Intent. 19.27A.080 Definitions. 19.27A.090 Portable oil-fueled heaters—Sales and use—Approval required. 19.27A.100 Portable oil-fueled heaters—Requirements for approval. 19.27A.110 Portable oil-fueled heaters—Jurisdiction over approval—Sale and use governed exclusively. 19.27A.120 Violations—Penalty. State building code: Chapter 19.27 RCW. 19.27A.015 State energy code—Minimum and maxim u m e n e rg y c o d e . E x c e p t as p r o v i d ed i n R C W 19.27A.020(7), the Washington state energy code for residential buildings shall be the maximum and minimum energy code for residential buildings in each city, town, and county and shall be enforced by each city, town, and county no later than July 1, 1991. The Washington state energy code for nonresidential buildings shall be the minimum energy code for nonresidential buildings enforced by each city, town, and county. [1990 c 2 § 2.] 19.27A.015 Findings—1990 c 2: "The legislature finds that using energy efficiently in housing is one of the lowest cost ways to meet consumer demand for energy; that using energy efficiently helps protect citizens of the state from negative impacts due to changes in energy supply and cost; that using energy efficiently will help mitigate negative environmental impacts of energy use and resource development; and that using energy efficiently will help stretch our present energy resources into the future. The legislature further finds that the electricity surplus in the Northwest is dwindling as the population increases and the economy expands, and that the region will eventually need new sources of electricity generation. It is declared policy of the state of Washington that energy be used efficiently. It is the intent of this act to establish residential building standards that bring about the common use of energy efficient building methods, and to assure that such methods remain economically feasible and affordable to purchasers of newly constructed housing." [1990 c 2 § 1.] Severability—1990 c 2: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1990 c 2 § 13.] Effective dates—1990 c 2: See note following RCW 19.27.040. 19.27A.020 State energy code—Adoption by state building code council—Standards—Preemption of local residential energy codes. (1) No later than January 1, 1991, the state building code council shall adopt rules to be known as the Washington state energy code as part of the state building code. (2) The council shall follow the legislature’s standards set forth in this section to adopt rules to be known as the Washington state energy code. The Washington state energy 19.27A.020 [Title 19 RCW—page 36] code shall be designed to require new buildings to meet a certain level of energy efficiency, but allow flexibility in building design, construction, and heating equipment efficiencies within that framework. The Washington state energy code shall be designed to allow space heating equipment efficiency to offset or substitute for building envelope thermal performance. (3) The Washington state energy code shall take into account regional climatic conditions. Climate zone 1 shall include all counties not included in climate zone 2. Climate zone 2 includes: Adams, Chelan, Douglas, Ferry, Grant, Kittitas, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, and Whitman counties. (4) The Washington state energy code for residential buildings shall require: (a) New residential buildings that are space heated with electric resistance heating systems to achieve energy use equivalent to that used in typical buildings constructed with: (i) Ceilings insulated to a level of R-38. The code shall contain an exception which permits single rafter or joist vaulted ceilings insulated to a level of R-30 (R value includes insulation only); (ii) In zone 1, walls insulated to a level of R-19 (R value includes insulation only), or constructed with two by four members, R-13 insulation batts, R-3.2 insulated sheathing, and other normal assembly components; in zone 2 walls insulated to a level of R-24 (R value includes insulation only), or constructed with two by six members, R-22 insulation batts, R-3.2 insulated sheathing, and other normal construction assembly components; for the purpose of determining equivalent thermal performance, the wall U-value shall be 0.058 in zone 1 and 0.044 in zone 2; (iii) Below grade walls, insulated on the interior side, to a level of R-19 or, if insulated on the exterior side, to a level of R-10 in zone 1 and R-12 in zone 2 (R value includes insulation only); (iv) Floors over unheated spaces insulated to a level of R-30 (R value includes insulation only); (v) Slab on grade floors insulated to a level of R-10 at the perimeter; (vi) Double glazed windows with values not more than U-0.4; (vii) In zone 1 the glazing area may be up to twenty-one percent of floor area and in zone 2 the glazing area may be up to seventeen percent of floor area where consideration of the thermal resistance values for other building components and solar heat gains through the glazing result in thermal performance equivalent to that achieved with thermal resistance values for other components determined in accordance with the equivalent thermal performance criteria of (a) of this subsection and glazing area equal to fifteen percent of the floor area. Throughout the state for the purposes of determining equivalent thermal performance, the maximum glazing area shall be fifteen percent of the floor area; and (viii) Exterior doors insulated to a level of R-5; or an exterior wood door with a thermal resistance value of less than R-5 and values for other components determined in accordance with the equivalent thermal performance criteria of (a) of this subsection. (2008 Ed.) Energy-Related Building Standards (b) New residential buildings which are space-heated with all other forms of space heating to achieve energy use equivalent to that used in typical buildings constructed with: (i) Ceilings insulated to a level of R-30 in zone 1 and R-38 in zone 2 the code shall contain an exception which permits single rafter or joist vaulted ceilings insulated to a level of R-30 (R value includes insulation only); (ii) Walls insulated to a level of R-19 (R value includes insulation only), or constructed with two by four members, R-13 insulation batts, R-3.2 insulated sheathing, and other normal assembly components; (iii) Below grade walls, insulated on the interior side, to a level of R-19 or, if insulated on the exterior side, to a level of R-10 in zone 1 and R-12 in zone 2 (R value includes insulation only); (iv) Floors over unheated spaces insulated to a level of R-19 in zone 1 and R-30 in zone 2 (R value includes insulation only); (v) Slab on grade floors insulated to a level of R-10 at the perimeter; (vi) Heat pumps with a minimum heating season performance factor (HSPF) of 6.8 or with all other energy sources with a minimum annual fuel utilization efficiency (AFUE) of seventy-eight percent; (vii) Double glazed windows with values not more than U-0.65 in zone 1 and U-0.60 in zone 2. The state building code council, in consultation with the department of community, trade, and economic development, shall review these Uvalues, and, if economically justified for consumers, shall amend the Washington state energy code to improve the Uvalues by December 1, 1993. The amendment shall not take effect until July 1, 1994; and (viii) In zone 1, the maximum glazing area shall be twenty-one percent of the floor area. In zone 2 the maximum glazing area shall be seventeen percent of the floor area. Throughout the state for the purposes of determining equivalent thermal performance, the maximum glazing area shall be fifteen percent of the floor area. (c) The requirements of (b)(ii) of this subsection do not apply to residences with log or solid timber walls with a minimum average thickness of three and one-half inches and with space heat other than electric resistance. (d) The state building code council may approve an energy code for pilot projects of residential construction that use innovative energy efficiency technologies intended to result in savings that are greater than those realized in the levels specified in this section. (5) U-values for glazing shall be determined using the area weighted average of all glazing in the building. U-values for vertical glazing shall be determined, certified, and labeled in accordance with the appropriate national fenestration rating council (NFRC) standard, as determined and adopted by the state building code council. Certification of U-values shall be conducted by a certified, independent agency licensed by the NFRC. The state building code council may develop and adopt alternative methods of determining, certifying, and labeling U-values for vertical glazing that may be used by fenestration manufacturers if determined to be appropriate by the council. The state building code council shall review and consider the adoption of the NFRC standards for determining, certifying, and labeling U-values for doors and (2008 Ed.) 19.27A.025 skylights when developed and published by the NFRC. The state building code council may develop and adopt appropriate alternative methods for determining, certifying, and labeling U-values for doors and skylights. U-values for doors and skylights determined, certified, and labeled in accordance with the appropriate NFRC standard shall be acceptable for compliance with the state energy code. Sealed insulation glass, where used, shall conform to, or be in the process of being tested for, ASTM E-774-81 class A or better. (6) The minimum state energy code for new nonresidential buildings shall be the Washington state energy code, 1986 edition, as amended. (7)(a) Except as provided in (b) of this subsection, the Washington state energy code for residential structures shall preempt the residential energy code of each city, town, and county in the state of Washington. (b) The state energy code for residential structures does not preempt a city, town, or county’s energy code for residential structures which exceeds the requirements of the state energy code and which was adopted by the city, town, or county prior to March 1, 1990. Such cities, towns, or counties may not subsequently amend their energy code for residential structures to exceed the requirements adopted prior to March 1, 1990. (8) The state building code council shall consult with the department of community, trade, and economic development as provided in RCW 34.05.310 prior to publication of proposed rules. The department of community, trade, and economic development shall review the proposed rules for consistency with the guidelines adopted in subsection (4) of this section. The director of the department of community, trade, and economic development shall recommend to the state building code council any changes necessary to conform the proposed rules to the requirements of this section. [1998 c 245 § 8; 1996 c 186 § 502; 1994 c 226 § 1; 1990 c 2 § 3; 1985 c 144 § 2; 1979 ex.s. c 76 § 3. Formerly RCW 19.27.075.] Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904. Effective date—1994 c 226: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 1, 1994]." [1994 c 226 § 2.] Effective dates—1990 c 2: See note following RCW 19.27.040. Findings—Severability—1990 c 2: See notes following RCW 19.27A.015. Severability—1985 c 144: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1985 c 144 § 7.] 19.27A.025 Nonresidential buildings—Minimum standards—Amendments. (1) The minimum state energy code for new nonresidential buildings shall be the Washington state energy code, 1986 edition, as amended. The state building code council may, by rule adopted pursuant to chapter 34.05 RCW, amend that code’s requirements for new nonresidential buildings provided that: (a) Such amendments increase the energy efficiency of typical newly constructed nonresidential buildings; and (b) Any new measures, standards, or requirements adopted must be technically feasible, commercially available, and cost-effective to building owners and tenants. 19.27A.025 [Title 19 RCW—page 37] 19.27A.027 Title 19 RCW: Business Regulations—Miscellaneous (2) In considering amendments to the state energy code for nonresidential buildings, the state building code council shall establish and consult with a technical advisory committee including representatives of appropriate state agencies, local governments, general contractors, building owners and managers, design professionals, utilities, and other interested and affected parties. (3) Decisions to amend the Washington state energy code for new nonresidential buildings shall be made prior to December 15th of any year and shall not take effect before the end of the regular legislative session in the next year. Any disputed provisions within an amendment presented to the legislature shall be approved by the legislature before going into effect. A disputed provision is one which was adopted by the state building code council with less than a two-thirds majority vote. Substantial amendments to the code shall be adopted no more frequently than every three years. [1991 c 122 § 3.] Findings—Severability—1991 c 122: See notes following RCW 80.04.250. 19.27A.027 Personal wireless service facilities exempt from building envelope insulation requirements. (1) The state building code council shall exempt equipment shelters of personal wireless service facilities from building envelope insulation requirements. (2) For the purposes of this section, "personal wireless service facilities" means facilities for the provision of personal wireless services. [1996 c 323 § 4.] 19.27A.027 Findings—1996 c 323: See note following RCW 43.70.600. 19.27A.035 Payments by electric utilities to owners of residential buildings—Recovery of expenses—Effect of Pacific Northwest electric power planning and conservation act—Expiration of subsections. (1) Electric utilities shall make payments to the owner at the time of construction of a newly constructed residential building with electric resistance space heat built in compliance with the requirements of the Washington state energy code adopted pursuant to RCW 19.27A.020 or a residential energy code in effect pursuant to RCW 19.27A.020(7). Payments made under this section are only required for residences in which the primary heat source is electric resistance space heat. All or a portion of the funds for payments may be accepted from federal agencies or other sources. Payments are required for residential buildings on which construction has begun on or after July 1, 1991, and prior to July 1, 1995. Payments in an amount equal to a fixed sum of at least nine hundred dollars per single family residence are required for such buildings so constructed which are single family residences having two thousand square feet or less of finished floor area. Payments in an amount equal to a fixed sum of at least three hundred ninety dollars per multifamily residential unit, are required for such buildings so constructed which are multifamily residential units. For purposes of this section, a zero lot line home and each unit in a duplex and each attached housing unit in a planned unit development shall each be considered a single family residence. (2) Electric utilities which provide electrical service in jurisdictions in which the local government has adopted an energy code not preempted by RCW 19.27A.020(7)(b) shall make payments as provided in subsection (1) of this section 19.27A.035 [Title 19 RCW—page 38] for residential buildings on which construction has begun on or after March 1, 1990, and prior to July 1, 1991. (3) Nothing in this section shall prohibit an electric utility from providing incentives in excess of the payments required by this section or from providing additional incentives for energy efficiency measures in excess of those required under RCW 19.27A.020. (4) This section is null and void if any electric utility providing electric service to its customers in the state of Washington purchases at least one percent of its firm energy load from a federal agency, pursuant to section 5.(b)(1) of the Pacific Northwest electric power planning and conservation act (P.L. 96-501), and if such electric utility is unable to obtain from the agency at least fifty percent of the funds to make the payments required by this section. This subsection shall expire June 30, 1995. (5) The utilities and transportation commission shall provide an appropriate regulatory mechanism which allows a utility regulated by the commission to recover expenses incurred by the utility in making payments under this section. (6) Subsections (1) through (3) of this section shall expire July 1, 1996. [1993 c 64 § 2; 1990 c 2 § 4.] Findings—1993 c 64: "The legislature finds that when new energyefficient residential building codes were enacted in 1990, payments to certain building owners were required in an effort to offset the higher costs of more stringent component levels of residences heated with electricity. The legislature further finds that through the code enacted by the state building code council it is possible for owners of residences with other primary heat sources to qualify for these payments even though the costs of these payments are borne by electricity ratepayers, and that this situation should be corrected." [1993 c 64 § 1.] Effective date—1993 c 64: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 19, 1993]." [1993 c 64 § 3.] Effective dates—1990 c 2: See note following RCW 19.27.040. Findings—Severability—1990 c 2: See notes following RCW 19.27A.015. 19.27A.045 Maintaining energy code for residential structures. The state building code council shall maintain the state energy code for residential structures in a status which is consistent with the state’s interest as set forth in section 1, chapter 2, Laws of 1990. In maintaining the Washington state energy code for residential structures, beginning in 1996 the council shall review the Washington state energy code every three years. After January 1, 1996, by rule adopted pursuant to chapter 34.05 RCW, the council may amend any provisions of the Washington state energy code to increase the energy efficiency of newly constructed residential buildings. Decisions to amend the Washington state energy code for residential structures shall be made prior to December 1 of any year and shall not take effect before the end of the regular legislative session in the next year. [1990 c 2 § 5.] 19.27A.045 Findings—Severability—1990 c 2: See notes following RCW 19.27A.015. 19.27A.050 State building code council—Construction—Inclusion of successor agency. As used in this chapter, references to the state building code council shall be construed to include any successor agency. [2000 c 171 § 45; 1985 c 144 § 5.] 19.27A.050 (2008 Ed.) Energy-Related Building Standards Severability—1985 c 144: See note following RCW 19.27A.020. 19.27A.060 Hot water heaters—Temperature regulation. (1) "Hot water heater" means the primary source of hot water for a residence. (2) The thermostat of a new water heater offered for sale or lease in this state for use in a residential unit, shall be preset by the manufacturer no higher than one hundred twenty degrees Fahrenheit (or forty-nine degrees Celsius) or the minimum setting on any water heater which cannot be set as low as that temperature. Water heating systems may utilize higher reservoir temperature if mixing valves are set or systems are designed to restrict the temperature of water to one hundred twenty degrees Fahrenheit. (3) Upon occupancy of a new tenant in a residential unit leased or rented in this state, if hot water is supplied from an accessible, individual water heater, the water heater shall be set by the owner or agent at a temperature not higher than one hundred twenty degrees Fahrenheit (forty-nine degrees Celsius) or the minimum setting on any water heater which cannot be set as low as that temperature. Water heating systems may utilize higher reservoir temperature if mixing valves are set or systems are designed to restrict the temperature of water to one hundred twenty degrees Fahrenheit. (4) Nothing in this section shall prohibit an owner of an owner-occupied residential unit or resident of a leased or rented residential unit from readjusting the temperature setting after occupancy. Any readjustment of the temperature setting by the resident relieves the owner or agent of an individual residential unit and the manufacturer of water heaters from liability for damages attributed to the readjustment by the resident. (5) The utility providing energy for any water heater under this section shall at least annually, include in its billing a statement: (a) Recommending that water heaters be set no higher than one hundred twenty degrees Fahrenheit or the minimum setting on a water heater which cannot be set as low as that temperature to prevent severe burns and reduce excessive energy consumption; and (b) That the thermostat of an individual water heater furnished in a residential unit leased or rented in this state to new tenants shall be set no higher than one hundred twenty degrees Fahrenheit or the minimum setting on a water heater which cannot be set as low as that temperature pursuant to chapter 19.27 RCW. (6) The manufacturer of a water heater under this section which is offered for sale or installed after July 24, 1983, shall have a tag attached to the thermostat access plate or immediately adjacent to exposed thermostats. The tag shall state that the thermostat settings above the preset temperature may cause severe burns and consume excessive energy. (7) Nothing in this section requires or permits any inspections other than those otherwise required or permitted by law. (8) This section does not apply to multiple-unit residences supplied by central water heater systems. [1985 c 119 § 1; 1983 c 178 § 2. Formerly RCW 19.27.130.] 19.27A.060 Findings—1983 c 178: "The legislature recognizes that unnecessarily hot tap or bath water creates an extreme risk of severe burns, especially among the elderly, children, and retarded persons. Annually, numerous per(2008 Ed.) 19.27A.080 sons suffer severe scald burns, some resulting in death, from tap or bath water which is inordinately hot. Excessive tap and bath water temperatures in residential usage is unnecessary for sanitary purposes. Regulation of the setting of water temperatures upon installation can virtually eliminate incidences of dangerous scalding. Further, the legislature finds that projected future shortages of energy in our state could be reduced or prevented by the efficient utilization of existing energy resources. Reducing the temperature settings on thermostats to one hundred twenty degrees Fahrenheit (or fortynine degrees Celsius) would save energy that is now unnecessarily consumed, reduce homeowners’ average utility costs, and promote home safety without any loss of comfort or health." [1983 c 178 § 1.] 19.27A.065 Study of state building code relating to energy by legislative committees on energy and utilities. See RCW 44.39.038. 19.27A.065 19.27A.070 Intent. It is hereby declared that modern, efficient, safety-tested portable oil-fueled heaters may be offered for sale, sold, and used in this state. However, fire hazards and other dangers to the health, safety, and welfare of the inhabitants of this state may exist absent legislation to provide reasonable assurances that portable oil-fueled heaters offered for sale to, sold to, and used by the inhabitants of this state are modern, efficient, and safety-tested. It is the intent of the legislature to set forth standards for the sale and use of approved portable oil-fueled heaters. [1983 c 134 § 1. Formerly RCW 19.27.410.] 19.27A.070 19.27A.080 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 19.27A.080 through 19.27A.120. (1) "Portable oil-fueled heater" means any nonflue-connected, self-contained, self-supporting, oil-fueled, heating appliance equipped with an integral reservoir, designed to be carried from one location to another. (2) "Oil" means any liquid fuel with a flash point of greater than one hundred degrees Fahrenheit, including but not limited to kerosene. (3) "Listed" means any portable oil-fueled heater which has been evaluated in accordance with the Underwriters Laboratories, Inc. standard for portable oil-fueled heaters or an equivalent standard and with respect to reasonably foreseeable hazards to life and property by a nationally recognized testing or inspection agency, such as Underwriters Laboratories, Inc., and which has been authorized as being reasonably safe for its specific purpose and shown in a list published by such agency and/or bears the mark, name, and/or symbol of such agency as indication that it has been so authorized. Such evaluation shall include but not be limited to evaluation of the requirements hereinafter set forth. (4) "Approved" means any listed portable oil-fueled heater which is deemed approved if it satisfies the requirements set forth herein or adopted under RCW 19.27A.080 through 19.27A.120 and if the supplier certifies to the authority having jurisdiction over the sale and use of the heater that it is listed and in compliance with RCW 19.27A.080 through 19.27A.120. (5) "Structure" means any building or completed construction of any kind included in state building code groups M, R-1, R-3, B, F, S-1, S-2, and U occupancies, except sleeping rooms and bathrooms: PROVIDED, HOWEVER, That in B, M, and S-1 occupancies, approved portable oil-fueled heaters shall only be used under permit of the fire chief. 19.27A.080 [Title 19 RCW—page 39] 19.27A.090 Title 19 RCW: Business Regulations—Miscellaneous (6) "Supplier" means any party offering to sell to retailers or to the general public approved portable oil-fueled heaters. [1995 c 343 § 2; 1985 c 360 § 15; 1983 c 134 § 2. Formerly RCW 19.27.420.] 19.27A.090 Portable oil-fueled heaters—Sales and use—Approval required. Notwithstanding any other section of the state building code, chapter 19.27 RCW, or any other code adopted by reference in chapter 19.27 RCW, approved portable oil-fueled heaters may be offered for sale, sold, and used as a supplemental heat source in structures in the state. Portable oil-fueled heaters which are not approved may not be offered for sale, sold, or used in this state. Any approved portable oil-fueled heater may be offered for sale, sold, and used in locations other than structures unless specifically prohibited by laws of this state. [1983 c 134 § 3. Formerly RCW 19.27.430.] 19.27A.120 Violations—Penalty. The penalty for failure to comply with RCW 19.27A.080 through 19.27A.120 is a misdemeanor. [1985 c 360 § 17; 1983 c 134 § 6. Formerly RCW 19.27.460.] 19.27A.120 19.27A.090 19.27A.100 Portable oil-fueled heaters—Requirements for approval. Approved portable oil-fueled heaters must adhere to the following requirements: (1) Labeling must be affixed to the heater to caution and inform the user concerning: (a) The necessity for an adequate source of ventilation when the heater is operating; (b) The use of suitable fuel; (c) The proper manner of refueling; (d) The proper placement and handling of the heater when in operation; and (e) The proper procedures for lighting, flame regulation, and extinguishing the heater. (2) Packaging must include instructions that will inform the purchaser of proper maintenance and operation. (3) Approved portable oil-fueled heaters must be constructed with a low center of gravity and minimum tipping angle of thirty-three degrees from the vertical with an empty reservoir. (4) Approved portable oil-fueled heaters must have an automatic safety shut-off device or inherent design feature which eliminates fire hazards in the event of tipover and must otherwise conform with the standards set forth in National Fire Protection Association (NFPA) No. 31. (5) Approved portable oil-fueled heaters must not produce carbon monoxide at rates creating a hazard when operated as intended and instructed. [1983 c 134 § 4. Formerly RCW 19.27.440.] Chapter 19.28 Sections PROVISIONS APPLICABLE TO ELECTRICAL INSTALLATIONS 19.28.006 19.28.010 19.28.021 19.28.031 19.28.041 19.28.051 19.28.061 19.27A.100 19.27A.110 Portable oil-fueled heaters—Jurisdiction over approval—Sale and use governed exclusively. The chief of the Washington state patrol, through the director of fire protection, is the only authority having jurisdiction over the approval of portable oil-fueled heaters. The sale and use of portable oil-fueled heaters is governed exclusively by RCW 19.27A.080 through 19.27A.120: PROVIDED, That cities and counties may adopt local standards as provided in RCW 19.27.040. [1995 c 369 § 8; 1986 c 266 § 85; 1985 c 360 § 16; 1983 c 134 § 5. Formerly RCW 19.27.450.] 19.28.071 19.28.081 19.28.091 19.28.095 19.28.101 19.28.111 19.28.121 19.28.131 19.28.141 19.28.151 19.28.161 19.28.171 19.28.181 19.28.191 19.28.201 19.28.211 19.28.221 19.28.231 19.28.241 19.28.251 19.28.261 19.28.271 19.27A.110 Effective date—1995 c 369: See note following RCW 43.43.930. Severability—1986 c 266: See note following RCW 38.52.005. [Title 19 RCW—page 40] Chapter 19.28 RCW ELECTRICIANS AND ELECTRICAL INSTALLATIONS Definitions. Electrical wiring requirements—General—Exceptions. Disputes regarding local regulations—Arbitration—Appeal. Rules, regulations, and standards. License required—General or specialty licenses—Fees— Application—Bond or cash deposit. Examinations—Fees. Electrical contractors—Designee of firm to take master electrician or administrator’s examination—Administrator’s certificate—Fee—Certificate duration, denial, renewal, nontransferable—Master electrician or administrator’s duties. Licensee’s bond—Action on—Priorities—Cash deposit, payment from. Actions—Local permits—Proof of licensure. Licensing—Exemptions. Equipment repair specialty—Scope of work. Inspections—Notice to repair and change—Disconnection— Entry—Concealment—Accessibility—Connection to utility—Permits, fees—Limitation—Waiver of provisions during state of emergency. Nonconforming installations—Disputes—Reference to board. Board—Request for ruling—Fee—Costs. Specialty electrical contractor license—Written warning, penalty—Violations of RCW 19.28.010 through 19.28.141 and 19.28.311 through 19.28.361—Schedule of penalties— Appeal. RCW 19.28.101 inapplicable in certain cities and towns, electricity supply agency service areas, and rights-of-way of state highways. RCW 19.28.010 through 19.28.141 and 19.28.311 through 19.28.361 inapplicable to telegraph or telephone companies exercising certain functions. Certificate of competency required—Written warning, penalty—Electrical training certificate—Fee—Verification and attestation of training hours. Electrical trainee hours—Audit—Rules—Confidentiality. Application for certificate of competency. Certificate of competency—Eligibility for examination— Rules. Examination—Times—Certification of results—Contents— Fees. Certificate of competency—Issuance—Renewal—Continuing education—Fees—Effect. Persons engaged in trade or business on July 16, 1973. Temporary permits. Revocation of certificate of competency—Grounds—Procedure. Powers and duties of director—Administration of RCW 19.28.161 through 19.28.271 by the department. Exemptions from RCW 19.28.161 through 19.28.271. Violations of RCW 19.28.161 through 19.28.271—Schedule of penalties—Appeal. PROVISIONS APPLICABLE TO ELECTRICAL INSTALLATIONS AND TELECOMMUNICATIONS INSTALLATIONS 19.28.301 19.28.311 19.28.321 19.28.331 19.28.341 19.28.351 19.28.361 19.28.371 19.28.381 Application—Subchapter heading. Electrical board. Enforcement—State electrical inspectors—Qualifications— Salaries and expenses. Inspection reports. Revocation or suspension of license—Grounds—Appeal to board—Fee—Costs. Electrical license fund. Liability for injury or damage. Medical device—Installation, maintenance, or repair—Compliance with chapter—Limit of exemption. Denial of renewal of certificate or license for outstanding penalties—Notice—Appeal—Hearing. (2008 Ed.) Electricians and Electrical Installations PROVISIONS APPLICABLE TO TELECOMMUNICATIONS INSTALLATIONS 19.28.400 19.28.410 19.28.420 19.28.430 19.28.440 19.28.450 19.28.460 19.28.470 19.28.480 19.28.490 19.28.501 19.28.511 19.28.521 19.28.531 19.28.541 19.28.551 19.28.900 19.28.910 19.28.911 Definitions. Telecommunications systems installations—Subject to this subchapter. Telecommunications contractor license—Application— Bond—Issuance of license. Administrator’s examination—Certificate—Administrator’s requirements. Examination for telecommunications administrators’ certificates. Local enforcement of subchapter—Enforcement of chapter. Disputes regarding local regulations—Arbitration—Panel. Inspections—Report—Required repairs/changes—Accessibility of telecommunications systems. Unlawful acts—Interpretation of chapter. Violation of chapter—Penalty—Appeal. Insurance/financial responsibility. Individual certification not required. Limitation of action—Proof of valid license required. Unlawful installation/maintenance—Disputed interpretation—Board to determine methods. Entity desiring board decision—Process. Director’s authority—Adoption of rules. Severability—1935 c 169. Effective date—1963 c 207. Severability—1983 c 206. Electrical construction: Chapter 19.29 RCW. State building code: Chapter 19.27 RCW. PROVISIONS APPLICABLE TO ELECTRICAL INSTALLATIONS 19.28.006 Definitions. The definitions in this section apply throughout this subchapter. (1) "Administrator" means a person designated by an electrical contractor to supervise electrical work and electricians in accordance with the rules adopted under this chapter. (2) "Basic electrical work" means the work classified in (a) and (b) of this subsection as class A and class B basic electrical work: (a) "Class A basic electrical work" means the like-inkind replacement of a: Contactor, relay, timer, starter, circuit board, or similar control component; household appliance; circuit breaker; fuse; residential luminaire; lamp; snap switch; dimmer; receptacle outlet; thermostat; heating element; luminaire ballast with an exact same ballast; ten horsepower or smaller motor; or wiring, appliances, devices, or equipment as specified by rule. (b) "Class B basic electrical work" means work other than class A basic electrical work that requires minimal electrical circuit modifications and has limited exposure hazards. Class B basic electrical work includes the following: (i) Extension of not more than one branch electrical circuit limited to one hundred twenty volts and twenty amps each where: (A) No cover inspection is necessary; and (B) The extension does not supply more than two outlets; (ii) Like-in-kind replacement of a single luminaire not exceeding two hundred seventy-seven volts and twenty amps; (iii) Like-in-kind replacement of a motor larger than ten horsepower; (iv) The following low voltage systems: (A) Repair and replacement of devices not exceeding one hundred volt-amperes in Class 2, Class 3, or power limited low voltage systems in one and two-family dwellings; 19.28.006 (2008 Ed.) 19.28.006 (B) Repair and replacement of the following devices not exceeding one hundred volt-amperes in Class 2, Class 3, or power limited low voltage systems in other buildings, provided the equipment is not for fire alarm or nurse call systems and is not located in an area classified as hazardous by the national electrical code; or (v) Wiring, appliances, devices, or equipment as specified by rule. (3) "Board" means the electrical board under RCW 19.28.311. (4) "Chapter" or "subchapter" means the subchapter, if no chapter number is referenced. (5) "Department" means the department of labor and industries. (6) "Director" means the director of the department or the director’s designee. (7) "Electrical construction trade" includes but is not limited to installing or maintaining electrical wires and equipment that are used for light, heat, or power and installing and maintaining remote control, signaling, power limited, or communication circuits or systems. (8) "Electrical contractor" means a person, firm, partnership, corporation, or other entity that offers to undertake, undertakes, submits a bid for, or does the work of installing or maintaining wires or equipment that convey electrical current. (9) "Equipment" means any equipment or apparatus that directly uses, conducts, insulates, or is operated by electricity but does not mean: Plug-in appliances; or plug-in equipment as determined by the department by rule. (10) "Industrial control panel" means a factory-wired or user-wired assembly of industrial control equipment such as motor controllers, switches, relays, power supplies, computers, cathode ray tubes, transducers, and auxiliary devices. The panel may include disconnect means and motor branch circuit protective devices. (11) "Journeyman electrician" means a person who has been issued a journeyman electrician certificate of competency by the department. (12) "Like-in-kind" means having similar characteristics such as voltage requirements, current draw, and function, and being in the same location. (13) "Master electrician" means either a master journeyman electrician or master specialty electrician. (14) "Master journeyman electrician" means a person who has been issued a master journeyman electrician certificate of competency by the department and who may be designated by an electrical contractor to supervise electrical work and electricians in accordance with rules adopted under this chapter. (15) "Master specialty electrician" means a person who has been issued a specialty electrician certificate of competency by the department and who may be designated by an electrical contractor to supervise electrical work and electricians in accordance with rules adopted under this chapter. (16) "Specialty electrician" means a person who has been issued a specialty electrician certificate of competency by the department. [2003 c 399 § 101; 2002 c 249 § 1; 2001 c 211 § 1; 2000 c 238 § 103; 1993 c 275 § 1; 1988 c 81 § 1; 1986 c 156 § 1; 1983 c 206 § 1. Formerly RCW 19.28.005.] [Title 19 RCW—page 41] 19.28.010 Title 19 RCW: Business Regulations—Miscellaneous Part headings not law—2003 c 399: "Part headings used in this act are not any part of the law." [2003 c 399 § 901.] Severability—2000 c 238: See note following RCW 19.28.301. 19.28.010 Electrical wiring requirements—General—Exceptions. (1) All wires and equipment, and installations thereof, that convey electric current and installations of equipment to be operated by electric current, in, on, or about buildings or structures, except for telephone, telegraph, radio, and television wires and equipment, and television antenna installations, signal strength amplifiers, and coaxial installations pertaining thereto shall be in strict conformity with this chapter, the statutes of the state of Washington, and the rules issued by the department, and shall be in conformity with approved methods of construction for safety to life and property. All wires and equipment that fall within section 90.2(b)(5) of the National Electrical Code, 1981 edition, are exempt from the requirements of this chapter. The regulations and articles in the National Electrical Code, the national electrical safety code, and other installation and safety regulations approved by the national fire protection association, as modified or supplemented by rules issued by the department in furtherance of safety to life and property under authority hereby granted, shall be prima facie evidence of the approved methods of construction. All materials, devices, appliances, and equipment used in such installations shall be of a type that conforms to applicable standards or be indicated as acceptable by the established standards of any electrical product testing laboratory which is accredited by the department. Industrial control panels, utilization equipment, and their components do not need to be listed, labeled, or otherwise indicated as acceptable by an accredited electrical product testing laboratory unless specifically required by the National Electrical Code, 1993 edition. (2) Residential buildings or structures moved into or within a county, city, or town are not required to comply with all of the requirements of this chapter, if the original occupancy classification of the building or structure is not changed as a result of the move. This subsection shall not apply to residential buildings or structures that are substantially remodeled or rehabilitated. (3) This chapter shall not limit the authority or power of any city or town to enact and enforce under authority given by law, any ordinance, rule, or regulation requiring an equal, higher, or better standard of construction and an equal, higher, or better standard of materials, devices, appliances, and equipment than that required by this chapter. A city or town shall require that its electrical inspectors meet the qualifications provided for state electrical inspectors in accordance with RCW 19.28.321. In a city or town having an equal, higher, or better standard the installations, materials, devices, appliances, and equipment shall be in accordance with the ordinance, rule, or regulation of the city or town. Electrical equipment associated with spas, hot tubs, swimming pools, and hydromassage bathtubs shall not be offered for sale or exchange unless the electrical equipment is certified as being in compliance with the applicable product safety standard by bearing the certification mark of an approved electrical products testing laboratory. (4) Nothing in this chapter may be construed as permitting the connection of any conductor of any electric circuit 19.28.010 [Title 19 RCW—page 42] with a pipe that is connected with or designed to be connected with a waterworks piping system, without the consent of the person or persons legally responsible for the operation and maintenance of the waterworks piping system. [2001 c 211 § 2; 1993 c 275 § 2; 1992 c 79 § 2. Prior: 1986 c 263 § 1; 1986 c 156 § 2; 1983 c 206 § 2; 1965 ex.s. c 117 § 1; 1963 c 207 § 1; 1935 c 169 § 1; RRS § 8307-1. Formerly RCW 19.28.020, 19.28.030, 19.28.040, 19.28.050.] 19.28.021 Disputes regarding local regulations— Arbitration—Appeal. Disputes arising under RCW 19.28.010(3) regarding whether the city or town’s electrical rules, regulations, or ordinances are equal to the rules adopted by the department shall be resolved by arbitration. The department shall appoint two members of the board to serve on the arbitration panel, and the city or town shall appoint two persons to serve on the arbitration panel. These four persons shall choose a fifth person to serve. If the four persons cannot agree on a fifth person, the presiding judge of the superior court of the county in which the city or town is located shall choose a fifth person. A decision of the arbitration panel may be appealed to the superior court of the county in which the city or town is located within thirty days after the date the panel issues its final decision. [2000 c 171 § 46; 1988 c 81 § 2; 1983 c 206 § 3. Formerly RCW 19.28.015.] 19.28.021 19.28.031 Rules, regulations, and standards. (1) Prior to January 1st of each year, the director shall obtain an authentic copy of the national electrical code, latest revision. The department, after consulting with the board and receiving the board’s recommendations, shall adopt reasonable rules in furtherance of safety to life and property. All rules shall be kept on file by the department. Compliance with the rules shall be prima facie evidence of compliance with this chapter. The department upon request shall deliver to all persons, firms, partnerships, corporations, or other entities licensed under this chapter a copy of the rules. (2) The department shall also obtain and keep on file an authentic copy of any applicable regulations and standards of any electrical product testing laboratory which is accredited by the department prescribing rules, regulations, and standards for electrical materials, devices, appliances, and equipment, including any modifications and changes that have been made during the previous year. [1993 c 275 § 3; 1988 c 81 § 3; 1986 c 156 § 3; 1983 c 206 § 4; 1965 ex.s. c 117 § 2; 1935 c 169 § 10; RRS § 8307-10. Formerly RCW 19.28.060.] 19.28.031 19.28.041 License required—General or specialty licenses—Fees—Application—Bond or cash deposit. (1) It is unlawful for any person, firm, partnership, corporation, or other entity to advertise, offer to do work, submit a bid, engage in, conduct, or carry on the business of installing or maintaining wires or equipment to convey electric current, or installing or maintaining equipment to be operated by electric current as it pertains to the electrical industry, without having an unrevoked, unsuspended, and unexpired electrical contractor license, issued by the department in accordance with this chapter. All electrical contractor licenses expire twentyfour calendar months following the day of their issue. The department may issue an electrical contractors license for a 19.28.041 (2008 Ed.) Electricians and Electrical Installations period of less than twenty-four months only for the purpose of equalizing the number of electrical contractor licenses that expire each month. Application for an electrical contractor license shall be made in writing to the department, accompanied by the required fee. The application shall state: (a) The name and address of the applicant; in case of firms or partnerships, the names of the individuals composing the firm or partnership; in case of corporations, the names of the managing officials thereof; (b) The location of the place of business of the applicant and the name under which the business is conducted; (c) Employer social security number; (d) Evidence of workers’ compensation coverage for the applicant’s employees working in Washington, as follows: (i) The applicant’s industrial insurance account number issued by the department; (ii) The applicant’s self-insurer number issued by the department; or (iii) For applicants domiciled in a state or province of Canada subject to an agreement entered into under RCW 51.12.120(7), as permitted by the agreement, filing a certificate of coverage issued by the agency that administers the workers’ compensation law in the applicant’s state or province of domicile certifying that the applicant has secured the payment of compensation under the other state’s or province’s workers’ compensation law; (e) Employment security department number; (f) State excise tax registration number; (g) Unified business identifier (UBI) account number may be substituted for the information required by (d) of this subsection if the applicant will not employ employees in Washington, and by (e) and (f) of this subsection; and (h) Whether a general or specialty electrical contractor license is sought and, if the latter, the type of specialty. Electrical contractor specialties include, but are not limited to: Residential, pump and irrigation, limited energy system, signs, nonresidential maintenance, restricted nonresidential maintenance, appliance repair, and a combination specialty. A general electrical contractor license shall grant to the holder the right to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to carry electric current, and installing or maintaining equipment, or installing or maintaining material to fasten or insulate such wires or equipment to be operated by electric current, in the state of Washington. A specialty electrical contractor license shall grant to the holder a limited right to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to carry electrical current, and installing or maintaining equipment; or installing or maintaining material to fasten or insulate such wires or equipment to be operated by electric current in the state of Washington as expressly allowed by the license. (2) The department may verify the workers’ compensation coverage information provided by the applicant under subsection (1)(d) of this section, including but not limited to information regarding the coverage of an individual employee of the applicant. If coverage is provided under the laws of another state, the department may notify the other state that the applicant is employing employees in Washington. (2008 Ed.) 19.28.041 (3) The application for an electrical contractor license shall be accompanied by a bond in the sum of four thousand dollars with the state of Washington named as obligee in the bond, with good and sufficient surety, to be approved by the department. The bond shall at all times be kept in full force and effect, and any cancellation or revocation thereof, or withdrawal of the surety therefrom, suspends the license issued to the principal until a new bond has been filed and approved as provided in this section. Upon approval of a bond, the department shall on the next business day deposit the fee accompanying the application in the electrical license fund and shall file the bond in the office. The department shall upon request furnish to any person, firm, partnership, corporation, or other entity a certified copy of the bond upon the payment of a fee that the department shall set by rule. The fee shall cover but not exceed the cost of furnishing the certified copy. The bond shall be conditioned that in any installation or maintenance of wires or equipment to convey electrical current, and equipment to be operated by electrical current, the principal will comply with the provisions of this chapter and with any electrical ordinance, building code, or regulation of a city or town adopted pursuant to RCW 19.28.010(3) that is in effect at the time of entering into a contract. The bond shall be conditioned further that the principal will pay for all labor, including employee benefits, and material furnished or used upon the work, taxes and contributions to the state of Washington, and all damages that may be sustained by any person, firm, partnership, corporation, or other entity due to a failure of the principal to make the installation or maintenance in accordance with this chapter or any applicable ordinance, building code, or regulation of a city or town adopted pursuant to RCW 19.28.010(3). In lieu of the surety bond required by this section the license applicant may file with the department a cash deposit or other negotiable security acceptable to the department. If the license applicant has filed a cash deposit, the department shall deposit the funds in a special trust savings account in a commercial bank, mutual savings bank, or savings and loan association and shall pay annually to the depositor the interest derived from the account. (4) The department shall issue general or specialty electrical contractor licenses to applicants meeting all of the requirements of this chapter. The provisions of this chapter relating to the licensing of any person, firm, partnership, corporation, or other entity including the requirement of a bond with the state of Washington named as obligee therein and the collection of a fee therefor, are exclusive, and no political subdivision of the state of Washington may require or issue any licenses or bonds or charge any fee for the same or a similar purpose. No person, firm, partnership, corporation, or other entity holding more than one specialty contractor license under this chapter may be required to pay an annual fee for more than one such license or to post more than one four thousand dollar bond, equivalent cash deposit, or other negotiable security. (5) To obtain a general or specialty electrical contractor license the applicant must designate an individual who currently possesses a valid master journeyman electrician’s certificate of competency, master specialty electrician’s certificate of competency in the specialty for which application has been made, or administrator’s certificate as a general electri[Title 19 RCW—page 43] 19.28.051 Title 19 RCW: Business Regulations—Miscellaneous cal contractor administrator or as a specialty electrical contractor administrator in the specialty for which application has been made. (6) Administrator certificate specialties include but are not limited to: Residential, pump and irrigation or domestic pump, limited energy system, signs, nonresidential maintenance, restricted nonresidential maintenance, appliance repair, and combination specialty. To obtain an administrator’s certificate an individual must pass an examination as set forth in RCW 19.28.051 unless the applicant was a licensed electrical contractor at any time during 1974. Applicants who were electrical contractors licensed by the state of Washington at any time during 1974 are entitled to receive a general electrical contractor administrator’s certificate without examination if the applicants apply prior to January 1, 1984. The board of electrical examiners shall certify to the department the names of all persons who are entitled to either a general or specialty electrical contractor administrator’s certificate. (7) For a contractor doing domestic water pumping system work as defined by RCW 18.106.010(10)(c), the department shall consider the requirements of subsections (1)(a) through (h), (2), and (3) of this section to have been met to be a pump and irrigation or domestic pump licensed electrical contractor if the contractor has met the contractor registration requirements of chapter 18.27 RCW. The department shall establish a single registration/licensing document for those who qualify for both general contractor registration as defined in chapter 18.27 RCW and a pump and irrigation or domestic pump electrical contractor license as defined by this chapter. [2006 c 224 § 1; 2006 c 185 § 5; 2002 c 249 § 2; 2001 c 211 § 3; 1998 c 279 § 4; 1992 c 217 § 2; 1986 c 156 § 5; 1983 c 206 § 5; 1975 1st ex.s. c 195 § 1; 1975 1st ex.s. c 92 § 1; 1974 ex.s. c 188 § 1; 1971 ex.s. c 129 § 1; 1969 ex.s. c 71 § 2; 1969 c 30 § 1. Prior: 1967 ex.s. c 15 § 1; 1967 c 88 § 2; 1965 ex.s. c 117 § 3; 1963 c 207 § 2; 1959 c 325 § 1; 1935 c 169 § 4; RRS § 8307-4; prior: 1919 c 204 §§ 1, 2. Formerly RCW 19.28.120, 19.28.130, 19.28.140, 19.28.150, 19.28.160, 19.28.170.] Reviser’s note: This section was amended by 2006 c 185 § 5 and by 2006 c 224 § 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Finding—Intent—1998 c 279: See note following RCW 51.12.120. Severability—1975 1st ex.s. c 195; 1975 1st ex.s. c 92: "If any provision of this 1975 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975 1st ex.s. c 195 § 4; 1975 1st ex.s. c 92 § 4.] Effective date—1974 ex.s. c 188: "The effective date of this 1974 amendatory act is July 1, 1974." [1974 ex.s. c 188 § 6.] Severability—1974 ex.s. c 188: "If any provision of this 1974 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1974 ex.s. c 188 § 5.] Effective date—1971 ex.s. c 129: "The effective date of this 1971 amendatory act shall be December 1, 1971." [1971 ex.s. c 129 § 3.] 19.28.051 Examinations—Fees. It shall be the purpose and function of the board to establish, in addition to a general electrical contractors’ license, such classifications of specialty electrical contractors’ licenses as it deems appropriate with regard to individual sections pertaining to state adopted 19.28.051 [Title 19 RCW—page 44] codes in this chapter. In addition, it shall be the purpose and function of the board to establish and administer written examinations for general electrical administrators’ certificates and the various specialty electrical administrators’ certificates. Examinations shall be designed to reasonably ensure that general and specialty electrical administrators’ certificate holders are competent to engage in and supervise the work covered by this statute and their respective licenses. The examinations shall include questions from the following categories to ensure proper safety and protection for the general public: (1) Safety, (2) state electrical code, and (3) electrical theory. The department with the consent of the board shall be permitted to enter into a contract with a professional testing agency to develop, administer, and score these examinations, or accept certifications or other appropriate demonstrations established by independent entities that otherwise fulfill the examination requirements of this section. Individuals who can provide evidence to the department, prior to January 1, 2007, that they have been employed as a pump installer in the pump and irrigation or domestic pump business by an appropriately licensed electrical contractor, registered general contractor defined by chapter 18.27 RCW, or appropriate general specialty contractor defined by chapter 18.27 RCW for not less than eight thousand hours in the most recent six calendar years shall be issued the appropriate administrator’s certificate by the department upon receiving such documentation and applicable fees. The fee for the examination may be set by the department in its contract with the professional testing agency. The department may direct that the applicant pay the fee to the professional testing agency. The fee shall cover but not exceed the costs of preparing and administering the examination. It shall be the further purpose and function of this board to advise the director as to the need of additional electrical inspectors and compliance officers to be utilized by the director on either a fulltime or part-time employment basis and to carry out the duties enumerated in RCW 19.28.161 through 19.28.271 as well as generally advise the department on all matters relative to RCW 19.28.161 through 19.28.271. [2006 c 185 § 8; 2001 c 211 § 4; 1996 c 147 § 6; 1988 c 81 § 5; 1986 c 156 § 6; 1984 c 287 § 57; 1977 ex.s. c 79 § 1; 1975-’76 2nd ex.s. c 34 § 62; 1975 1st ex.s. c 195 § 2; 1975 1st ex.s. c 92 § 2; 1974 ex.s. c 188 § 2. Formerly RCW 19.28.123.] Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. Severability—1975 1st ex.s. c 195; 1975 1st ex.s. c 92: See note following RCW 19.28.041. Effective date—Severability—1974 ex.s. c 188: See notes following RCW 19.28.041. 19.28.061 Electrical contractors—Designee of firm to take master electrician or administrator’s examination— Administrator’s certificate—Fee—Certificate duration, denial, renewal, nontransferable—Master electrician or administrator’s duties. (1) Each applicant for an electrical contractor’s license, other than an individual, shall designate a supervisory employee or member of the firm to take the required master electrician’s or administrator’s examination. Effective July 1, 1987, a supervisory employee designated as 19.28.061 (2008 Ed.) Electricians and Electrical Installations the electrical contractor’s master electrician or administrator shall be a full-time supervisory employee. This person shall be designated as master electrician or administrator under the license. No person may concurrently qualify as master electrician or administrator for more than one contractor. If the relationship of the master electrician or administrator with the electrical contractor is terminated, the contractor’s license is void within ninety days unless another master electrician or administrator is qualified by the board. However, if the master electrician or administrator dies or is otherwise incapacitated, the contractor’s license is void within one hundred eighty days unless another master electrician or administrator is qualified by the board. The contractor must notify the department in writing within ten days if the master electrician’s or administrator’s relationship with the contractor terminates due to the master electrician’s or administrator’s death or incapacitation. (2) The department must issue an administrator’s certificate to all applicants who have passed the examination as provided in RCW 19.28.051 and this section, and who have complied with the rules adopted under this chapter. The administrator’s certificate must bear the date of issuance, expires on the holder’s birthday, and is nontransferable. The certificate must be renewed every three years, upon application, on or before the holder’s birthday. (a) If the certificate holder demonstrates to the department that he or she has satisfactorily completed an annual eight-hour continuing education course, the certificate may be renewed by appropriate application without examination unless the certificate has been revoked, suspended, or not renewed within ninety days after the expiration date. For holders of pump and irrigation or domestic pump specialty administrator certificates, the continuing education may comprise both electrical and plumbing education. (b) The contents and requirements for satisfactory completion of the continuing education course must be determined by the director and approved by the board. (c) The department must accept proof of a certificate holder’s satisfactory completion of a continuing education course offered in another state as meeting the requirements for maintaining a current Washington state certificate if the department is satisfied the course is comparable in nature to that required in Washington state for maintaining a current certificate. (3) A fee must be assessed for each administrator’s certificate and for each renewal. An individual holding more than one administrator’s certificate under this chapter is not required to pay fees for more than one certificate. The department must set the fees by rule for issuance and renewal of a certificate. The fees must cover, but not exceed, the costs of issuing the certificates and of administering and enforcing the administrator certification requirements of this chapter. (4) The department may deny an application for an administrator’s certificate for up to two years if the applicant’s previous administrator’s certificate has been revoked for a serious violation and all appeals concerning the revocation have been exhausted. For the purposes of this section only, a serious violation is a violation that presents imminent danger to the public. The certificate may be renewed for a three-year period without examination by appropriate application unless the certificate has been revoked, suspended, or (2008 Ed.) 19.28.071 not renewed within ninety days after the expiration date. If the certificate is not renewed before the expiration date, the individual shall pay twice the usual fee. A person may take the administrator’s examination as many times as necessary to pass without limit. (5) The designated master electrician or administrator shall: (a) Be a member of the firm or a supervisory employee and shall be available during working hours to carry out the duties of an administrator under this section; (b) Ensure that all electrical work complies with the electrical installation laws and rules of the state; (c) Ensure that the proper electrical safety procedures are used; (d) Ensure that all electrical labels, permits, and licenses required to perform electrical work are used; (e) See that corrective notices issued by an inspecting authority are complied with; and (f) Notify the department in writing within ten days if the master electrician or administrator terminates the relationship with the electrical contractor. (6) The department shall not by rule change the administrator’s duties under subsection (5) of this section. [2006 c 185 § 9; 2002 c 249 § 3; 1996 c 241 § 3; 1988 c 81 § 6; 1986 c 156 § 7; 1983 c 206 § 6; 1975 1st ex.s. c 195 § 3; 1975 1st ex.s. c 92 § 3; 1974 ex.s. c 188 § 4. Formerly RCW 19.28.125.] Severability—1975 1st ex.s. c 195; 1975 1st ex.s. c 92: See note following RCW 19.28.041. Effective date—Severability—1974 ex.s. c 188: See notes following RCW 19.28.041. 19.28.071 Licensee’s bond—Action on—Priorities— Cash deposit, payment from. Any person, firm, or corporation sustaining any damage or injury by reason of the principal’s breach of the conditions of the bond required under RCW 19.28.041 may bring an action against the surety named therein, joining in the action the principal named in the bond; the action shall be brought in the superior court of any county in which the principal on the bond resides or transacts business, or in the county in which the work was performed as a result of which the breach is alleged to have occurred; the action shall be maintained and prosecuted as other civil actions. Claims or actions against the surety on the bond shall be paid in full in the following order of priority: (1) Labor, including employee benefits, (2) materials and equipment used upon such work, (3) taxes and contributions due to the state, (4) damages sustained by any person, firm or corporation due to the failure of the principal to make the installation in accordance with the provisions of chapter 19.28 RCW, or any ordinance, building code, or regulation applicable thereto: PROVIDED, That the total liability of the surety on any bond shall not exceed the sum of four thousand dollars and the surety on the bond shall not be liable for monetary penalties; and any action shall be brought within one year from the completion of the work in the performance of which the breach is alleged to have occurred. The surety shall mail a conformed copy of the judgment against the bond to the department within seven days. In the event that a cash or securities deposit has been made in lieu of the surety bond, and in the event of a judg19.28.071 [Title 19 RCW—page 45] 19.28.081 Title 19 RCW: Business Regulations—Miscellaneous ment being entered against such depositor and deposit, the director shall upon receipt of a certified copy of a final judgment, pay said judgment from such deposit. [2001 c 211 § 5; 1986 c 156 § 8; 1969 ex.s. c 71 § 3; 1965 ex.s. c 117 § 4; 1935 c 169 § 5; RRS § 8307-5. Prior: 1919 c 204 § 4. Formerly RCW 19.28.180.] 19.28.081 19.28.081 Actions—Local permits—Proof of licensure. No person, firm or corporation engaging in, conducting or carrying on the business of installing wires or equipment to convey electric current, or installing apparatus to be operated by said current, shall be entitled to commence or maintain any suit or action in any court of this state pertaining to any such work or business, without alleging and proving that such person, firm or corporation held, at the time of commencing and performing such work, an unexpired, unrevoked and unsuspended license issued under the provisions of this chapter; and no city or town requiring by ordinance or regulation a permit for inspection or installation of such electrical work, shall issue such permit to any person, firm or corporation not holding such license. [1986 c 156 § 9; 1935 c 169 § 6; RRS § 8307-6. Formerly RCW 19.28.190.] 19.28.091 19.28.091 Licensing—Exemptions. (1) No license under the provision of this chapter shall be required from any utility or any person, firm, partnership, corporation, or other entity employed by a utility because of work in connection with the installation, repair, or maintenance of lines, wires, apparatus, or equipment owned by or under the control of a utility and used for transmission or distribution of electricity from the source of supply to the point of contact at the premises and/or property to be supplied and service connections and meters and other apparatus or appliances used in the measurement of the consumption of electricity by the customer. (2) No license under the provisions of this chapter shall be required from any utility because of work in connection with the installation, repair, or maintenance of the following: (a) Lines, wires, apparatus, or equipment used in the lighting of streets, alleys, ways, or public areas or squares; (b) Lines, wires, apparatus, or equipment owned by a commercial, industrial, or public institution customer that are an integral part of a transmission or distribution system, either overhead or underground, providing service to such customer and located outside the building or structure: PROVIDED, That a utility does not initiate the sale of services to perform such work; (c) Lines and wires, together with ancillary apparatus, and equipment, owned by a customer that is an independent power producer who has entered into an agreement for the sale of electricity to a utility and that are used in transmitting electricity from an electrical generating unit located on premises used by such customer to the point of interconnection with the utility’s system. (3) Any person, firm, partnership, corporation, or other entity licensed under RCW 19.28.041 may enter into a contract with a utility for the performance of work under subsection (2) of this section. (4) No license under the provisions of this chapter shall be required from any person, firm, partnership, corporation, [Title 19 RCW—page 46] or other entity because of the work of installing and repairing ignition or lighting systems for motor vehicles. (5) No license under the provisions of this chapter shall be required from any person, firm, partnership, corporation, or other entity because of work in connection with the installation, repair, or maintenance of wires and equipment, and installations thereof, exempted in RCW 19.28.010. (6) The department may by rule exempt from licensing requirements under this chapter work performed on premanufactured electric power generation equipment assemblies and control gear involving the testing, repair, modification, maintenance, or installation of components internal to the power generation equipment, the control gear, or the transfer switch. (7) This chapter does not require an electrical contractor license if: (a) An appropriately certified electrician or a properly supervised certified electrical trainee is performing the installation, repair, or maintenance of wires and equipment for a nonprofit corporation that holds a current tax exempt status as provided under 26 U.S.C. Sec. 501(c)(3) or a nonprofit religious organization; (b) the certified electrician or certified electrical trainee is not compensated for the electrical work; and (c) the value of the electrical work does not exceed thirty thousand dollars. (8) An entity that currently holds a valid specialty or general plumbing contractor’s registration under chapter 18.27 RCW may employ a certified plumber, a certified residential plumber, or a plumber trainee meeting the requirements of chapter 18.106 RCW to perform electrical work that is incidentally, directly, and immediately appropriate to the like-in-kind replacement of a household appliance or other small household utilization equipment that requires limited electric power and limited waste and/or water connections. A plumber trainee must be supervised by a certified plumber or a certified residential plumber while performing electrical work. The electrical work is subject to the permitting and inspection requirements of this chapter. [2003 c 399 § 301; 2003 c 242 § 1; 2001 c 211 § 6; 1998 c 98 § 1; 1992 c 240 § 1; 1980 c 30 § 15; 1935 c 169 § 11; RRS § 8307-11. Formerly RCW 19.28.200.] Reviser’s note: This section was amended by 2003 c 242 § 1 and by 2003 c 399 § 301, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Part headings not law—2003 c 399: See note following RCW 19.28.006. 19.28.095 Equipment repair specialty—Scope of work. (1) The scope of work for the equipment repair specialty involves servicing, maintaining, repairing, or replacing utilization equipment. (2) "Utilization equipment" means equipment that is: (a) Self-contained on a single skid or frame; (b) factory built to standardized sizes or types; (c) listed or field evaluated by a laboratory or approved by the department under WAC 29646B-030; and (d) connected as a single unit to a single source of electrical power limited to a maximum of six hundred volts. The equipment may also be connected to a separate single source of electrical control power limited to a maximum of two hundred fifty volts. Utilization equipment does not include devices used for occupant space heating by indus19.28.095 (2008 Ed.) Electricians and Electrical Installations trial, commercial, hospital, educational, public, and private commercial buildings, and other end users. (3) "Servicing, maintaining, repairing, or replacing utilization equipment" includes: (a) The like-in-kind replacement of the equipment if the same unmodified electrical circuit is used to supply the equipment being replaced; (b) The like-in-kind replacement or repair of remote control components that are integral to the operation of the equipment; (c) The like-in-kind replacement or repair of electrical components within the equipment; and (d) The disconnection, replacement, and reconnection of low-voltage control and line voltage supply whips not over six feet in length provided there are no modifications to the characteristics of the branch circuit. (4) "Servicing, maintaining, repairing, or replacing utilization equipment" does not include: (a) The installation, repair, or modification of wiring that interconnects equipment and/or remote components, branch circuit conductors, services, feeders, panelboards, disconnect switches, motor control centers, remote magnetic starters/contactors, or raceway/conductor systems interconnecting multiple equipment or other electrical components; (b) Any work providing electrical feeds into the power distribution unit or installation of conduits and raceways; or (c) Any electrical work governed under article(s) 500, 501, 502, 503, 504, 505, 510, 511, 513, 514, 515, or 516 NEC (i.e., classified locations), except for electrical work in sewage pumping stations. [2003 c 399 § 602.] Part headings not law—2003 c 399: See note following RCW 19.28.006. 19.28.101 Inspections—Notice to repair and change—Disconnection—Entry—Concealment—Accessibility—Connection to utility—Permits, fees—Limitation—Waiver of provisions during state of emergency. (1) The director shall cause an inspector to inspect all wiring, appliances, devices, and equipment to which this chapter applies except for basic electrical work as defined in this chapter. The department may not require an electrical work permit for class A basic electrical work unless deficiencies in the installation or repair require inspection. The department may inspect class B basic electrical work on a random basis as specified by the department in rule. Nothing contained in this chapter may be construed as providing any authority for any subdivision of government to adopt by ordinance any provisions contained or provided for in this chapter except those pertaining to cities and towns pursuant to RCW 19.28.010(3). (2) Upon request, electrical inspections will be made by the department within forty-eight hours, excluding holidays, Saturdays, and Sundays. If, upon written request, the electrical inspector fails to make an electrical inspection within twenty-four hours, the serving utility may immediately connect electrical power to the installation if the necessary electrical work permit is displayed: PROVIDED, That if the request is for an electrical inspection that relates to a mobile home installation, the applicant shall provide proof of a current building permit issued by the local government agency authorized to issue such permits as a prerequisite for inspec19.28.101 (2008 Ed.) 19.28.101 tion approval or connection of electrical power to the mobile home. (3) Whenever the installation of any wiring, device, appliance, or equipment is not in accordance with this chapter, or is in such a condition as to be dangerous to life or property, the person, firm, partnership, corporation, or other entity owning, using, or operating it shall be notified by the department and shall within fifteen days, or such further reasonable time as may upon request be granted, make such repairs and changes as are required to remove the danger to life or property and to make it conform to this chapter. The director, through the inspector, is hereby empowered to disconnect or order the discontinuance of electrical service to conductors or equipment that are found to be in a dangerous or unsafe condition and not in accordance with this chapter. Upon making a disconnection the inspector shall attach a notice stating that the conductors have been found dangerous to life or property and are not in accordance with this chapter. It is unlawful for any person to reconnect such defective conductors or equipment without the approval of the department, and until the conductors and equipment have been placed in a safe and secure condition, and in a condition that complies with this chapter. (4) The director, through the electrical inspector, has the right during reasonable hours to enter into and upon any building or premises in the discharge of his or her official duties for the purpose of making any inspection or test of the installation of new construction or altered electrical wiring, electrical devices, equipment, or material contained in or on the buildings or premises. No electrical wiring or equipment subject to this chapter may be concealed until it has been approved by the inspector making the inspection. At the time of the inspection, electrical wiring or equipment subject to this chapter must be sufficiently accessible to permit the inspector to employ any testing methods that will verify conformance with the national electrical code and any other requirements of this chapter. (5) Persons, firms, partnerships, corporations, or other entities making electrical installations shall obtain inspection and approval from an authorized representative of the department as required by this chapter before requesting the electric utility to connect to the installations. Electric utilities may connect to the installations if approval is clearly indicated by certification of the electrical work permit required to be affixed to each installation or by equivalent means, except that increased or relocated services may be reconnected immediately at the discretion of the utility before approval if an electrical work permit is displayed. The permits shall be furnished upon payment of the fee to the department. (6) The director, subject to the recommendations and approval of the board, shall set by rule a schedule of license and electrical work permit fees that will cover the costs of administration and enforcement of this chapter. The rules shall be adopted in accordance with the administrative procedure act, chapter 34.05 RCW. No fee may be charged for plug-in mobile homes, recreational vehicles, or portable appliances. (7) Nothing in this chapter shall authorize the inspection of any wiring, appliance, device, or equipment, or installations thereof, by any utility or by any person, firm, partnership, corporation, or other entity employed by a utility in con[Title 19 RCW—page 47] 19.28.111 Title 19 RCW: Business Regulations—Miscellaneous nection with the installation, repair, or maintenance of lines, wires, apparatus, or equipment owned by or under the control of the utility. All work covered by the national electric code not exempted by the 1981 edition of the national electric code 90-2(B)(5) shall be inspected by the department. (8) During a state of emergency declared under RCW 43.06.010(12), the governor may waive or suspend the collection of fees under this section or any portion of this section or under any administrative rule, and issue any orders to facilitate the operation of state or local government or to promote and secure the safety and protection of the civilian population. [2008 c 181 § 201; 2003 c 399 § 201; 1996 c 241 § 4; 1992 c 240 § 2; 1989 c 344 § 1; 1988 c 81 § 7; 1983 c 206 § 7; 1971 ex.s. c 129 § 2; 1969 ex.s. c 71 § 4; 1967 c 88 § 3; 1965 ex.s. c 117 § 5; 1963 c 207 § 3; 1959 c 325 § 2; 1935 c 169 § 8; RRS § 8307-8. Formerly RCW 19.28.210, 19.28.220, 19.28.230, 19.28.240.] Part headings not law—2008 c 181: See note following RCW 43.06.220. Part headings not law—2003 c 399: See note following RCW 19.28.006. Effective date—1971 ex.s. c 129: See note following RCW 19.28.041. Adoption of certain regulations proscribed: RCW 36.32.125. RCW 19.28.101 inapplicable in certain cities, towns, electricity supply agency service areas, and rights-of-way of state highways: RCW 19.28.141. 19.28.111 Nonconforming installations—Disputes— Reference to board. It is unlawful for any person, firm, partnership, corporation, or other entity to install or maintain any electrical wiring, appliances, devices, or equipment not in accordance with this chapter. In cases where the interpretation and application of the installation or maintenance standards prescribed in this chapter is in dispute or in doubt, the board shall, upon application of any interested person, firm, partnership, corporation, or other entity, determine the methods of installation or maintenance or the materials, devices, appliances, or equipment to be used in the particular case submitted for its decision. [1988 c 81 § 8; 1983 c 206 § 9; 1935 c 169 § 2; RRS § 8307-2. Formerly RCW 19.28.260.] 19.28.111 19.28.121 Board—Request for ruling—Fee—Costs. Any person, firm, partnership, corporation, or other entity desiring a decision of the board pursuant to RCW 19.28.111 shall, in writing, notify the director of such desire and shall accompany the notice with a certified check payable to the department in the sum of two hundred dollars. The notice shall specify the ruling or interpretation desired and the contention of the person, firm, partnership, corporation, or other entity as to the proper interpretation or application on the question on which a decision is desired. If the board determines that the contention of the applicant for a decision was proper, the two hundred dollars shall be returned to the applicant; otherwise it shall be used in paying the expenses and per diem of the members of the board in connection with the matter. Any portion of the two hundred dollars not used in paying the per diem and expenses of the board in the case shall be paid into the electrical license fund. [2001 c 211 § 7; 1988 c 81 § 9; 1983 c 206 § 10; 1935 c 169 § 13; RRS § 8307-13. Formerly RCW 19.28.300.] 19.28.121 [Title 19 RCW—page 48] 19.28.131 Specialty electrical contractor license— Written warning, penalty—Violations of RCW 19.28.010 through 19.28.141 and 19.28.311 through 19.28.361— Schedule of penalties—Appeal. Until July 1, 2007, the department shall issue a written warning to any specialty contractor, performing the scope of work defined by rule for the pump and irrigation or domestic pump specialties, not having a valid electrical contractor license. The warning will state that the contractor must be qualified for and apply for a specialty electrical contractor license under the requirements in RCW 19.28.041 within thirty calendar days of the warning. Only one warning will be issued to any contractor. If the contractor fails to comply with this section, the department shall issue a penalty or penalties as authorized in this section to the contractor. Any person, firm, partnership, corporation, or other entity violating any of the provisions of RCW 19.28.010 through 19.28.141 and 19.28.311 through 19.28.361 shall be assessed a penalty of not less than fifty dollars or more than ten thousand dollars. The department shall set by rule a schedule of penalties for violating RCW 19.28.010 through 19.28.141 and 19.28.311 through 19.28.361. The department shall notify the person, firm, partnership, corporation, or other entity violating any of the provisions of RCW 19.28.010 through 19.28.141 and 19.28.311 through 19.28.361 of the amount of the penalty and of the specific violation by certified mail, return receipt requested, sent to the last known address of the assessed party. Any penalty is subject to review by an appeal to the board. The filing of an appeal stays the effect of the penalty until the board makes its decision. The appeal shall be filed within twenty days after notice of the penalty is given to the assessed party by certified mail, return receipt requested, sent to the last known address of the assessed party and shall be made by filing a written notice of appeal with the department. The notice shall be accompanied by a certified check for two hundred dollars, which shall be returned to the assessed party if the decision of the department is not sustained by the board. If the board sustains the decision of the department, the two hundred dollars shall be applied by the department to the payment of the per diem and expenses of the members of the board incurred in the matter, and any balance remaining after payment of per diem and expenses shall be paid into the electrical license fund. The hearing and review procedures shall be conducted in accordance with chapter 34.05 RCW. The board shall assign its hearings to an administrative law judge to conduct the hearing and issue a proposed decision and order. The board shall be allowed a minimum of twenty days to review a proposed decision and shall issue its decision no later than the next regularly scheduled board meeting. [2006 c 185 § 13; 2001 c 211 § 8; 1996 c 147 § 7; 1988 c 81 § 12; 1986 c 156 § 11; 1983 c 206 § 12; 1980 c 30 § 16; 1935 c 169 § 14; RRS § 8307-14. Formerly RCW 19.28.350.] 19.28.131 19.28.141 RCW 19.28.101 inapplicable in certain cities and towns, electricity supply agency service areas, and rights-of-way of state highways. (1) Except as provided in subsection (2) of this section, the provisions of RCW 19.28.101 shall not apply: (a) Within the corporate limits of any incorporated city or town which has heretofore adopted and enforced or subsequently adopts and enforces an ordinance requiring an equal, 19.28.141 (2008 Ed.) Electricians and Electrical Installations higher or better standard of construction and of materials, devices, appliances and equipment than is required by this chapter. (b) Within the service area of an electricity supply agency owned and operated by a city or town which is supplying electricity and enforcing a standard of construction and materials outside its corporate limits [on] July 1, 1963. The city, town, or agency shall enforce by inspection within its service area outside its corporate limits the same standards of construction and of materials, devices, appliances and equipment as are enforced by the department of labor and industries under this chapter. Fees charged in connection with such enforcement shall not exceed those established in RCW 19.28.101. (c) Within the rights-of-way of state highways, provided the state department of transportation maintains and enforces an equal, higher or better standard of construction and of materials, devices, appliances and equipment than is required by RCW 19.28.010 through 19.28.141 and 19.28.311 through 19.28.361. (2) A city, town, or electrical supply agency is permitted, but not required, to enforce the same permitting and inspection standards applicable to basic electrical work as are enforced by the department of labor and industries. [2003 c 399 § 202; 2001 c 211 § 9; 1986 c 156 § 12; 1967 ex.s. c 97 § 1; 1963 c 207 § 4; 1959 c 325 § 3. Formerly RCW 19.28.360.] Part headings not law—2003 c 399: See note following RCW 19.28.006. Effective date—1963 c 207: See RCW 19.28.910. 19.28.151 RCW 19.28.010 through 19.28.141 and 19.28.311 through 19.28.361 inapplicable to telegraph or telephone companies exercising certain functions. The provisions of RCW 19.28.010 through 19.28.141 and 19.28.311 through 19.28.361 shall not apply to the work of installing, maintaining or repairing any and all electrical wires, apparatus, installations or equipment used or to be used by a telegraph company or a telephone company in the exercise of its functions and located outdoors or in a building or buildings used exclusively for that purpose. [2001 c 211 § 10; 2000 c 171 § 47; 1980 c 30 § 17; 1959 c 325 § 4. Formerly RCW 19.28.370.] 19.28.151 19.28.161 Certificate of competency required— Written warning, penalty—Electrical training certificate—Fee—Verification and attestation of training hours. (1) No person may engage in the electrical construction trade without having a valid master journeyman electrician certificate of competency, journeyman electrician certificate of competency, master specialty electrician certificate of competency, or specialty electrician certificate of competency issued by the department in accordance with this chapter. Electrician certificate of competency specialties include, but are not limited to: Residential, pump and irrigation, limited energy system, signs, nonresidential maintenance, restricted nonresidential maintenance, and appliance repair. Until July 1, 2007, the department of labor and industries shall issue a written warning to any specialty pump and irrigation or domestic pump electrician not having a valid electrician certification. The warning will state that the individ19.28.161 (2008 Ed.) 19.28.161 ual must apply for an electrical training certificate or be qualified for and apply for electrician certification under the requirements in RCW 19.28.191(1)(g) within thirty calendar days of the warning. Only one warning will be issued to any individual. If the individual fails to comply with this section, the department shall issue a penalty as defined in RCW 19.28.271 to the individual. (2) A person who is indentured in an apprenticeship program approved under chapter 49.04 RCW for the electrical construction trade or who is learning the electrical construction trade may work in the electrical construction trade if supervised by a certified master journeyman electrician, journeyman electrician, master specialty electrician in that electrician’s specialty, or specialty electrician in that electrician’s specialty. All apprentices and individuals learning the electrical construction trade shall obtain an electrical training certificate from the department. The certificate shall authorize the holder to learn the electrical construction trade while under the direct supervision of a master journeyman electrician, journeyman electrician, master specialty electrician working in that electrician’s specialty, or specialty electrician working in that electrician’s specialty. The holder of the electrical training certificate shall renew the certificate biennially. At the time of renewal, the holder shall provide the department with an accurate list of the holder’s employers in the electrical construction industry for the previous biennial period and the number of hours worked for each employer, and proof of sixteen hours of approved classroom electrical continuing education courses covering this chapter, the national electrical code, or electrical theory, or the equivalent electrical training courses taken as part of an approved apprenticeship program under chapter 49.04 RCW or an a p p r ov e d e l e c tr ic al t ra in in g p r og r a m u n d e r R CW 19.28.191(1)(h). This education requirement is effective July 1, 2007. A biennial fee shall be charged for the issuance or renewal of the certificate. The department shall set the fee by rule. The fee shall cover but not exceed the cost of administering and enforcing the trainee certification and supervision requirements of this chapter. Apprentices and individuals learning the electrical construction trade shall have their electrical training certificates in their possession at all times that they are performing electrical work. They shall show their certificates to an authorized representative of the department at the representative’s request. (3) Any person who has been issued an electrical training certificate under this chapter may work if that person is under supervision. Supervision shall consist of a person being on the same job site and under the control of either a certified master journeyman electrician, journeyman electrician, master specialty electrician working in that electrician’s specialty, or specialty electrician working in that electrician’s specialty. Either a certified master journeyman electrician, journeyman electrician, master specialty electrician working in that electrician’s specialty, or specialty electrician working in that electrician’s specialty shall be on the same job site as the noncertified individual for a minimum of seventy-five percent of each working day unless otherwise provided in this chapter. (4) The ratio of noncertified individuals to certified master journeymen electricians, journeymen electricians, master [Title 19 RCW—page 49] 19.28.171 Title 19 RCW: Business Regulations—Miscellaneous specialty electricians, or specialty electricians on any one job site is as follows: (a) When working as a specialty electrician, not more than two noncertified individuals for every certified master specialty electrician working in that electrician’s specialty, specialty electrician working in that electrician’s specialty, master journeyman electrician, or journeyman electrician, except that the ratio requirements are one certified master specialty electrician working in that electrician’s specialty, specialty electrician working in that electrician’s specialty, master journeyman electrician, or journeyman electrician working as a specialty electrician to no more than four students enrolled in and working as part of an electrical construction program at public community or technical colleges, or not-for-profit nationally accredited trade or technical schools licensed by the workforce training and education coordinating board under chapter 28C.10 RCW. In meeting the ratio requirements for students enrolled in an electrical construction program at a trade school, a trade school may receive input and advice from the electrical board; and (b) When working as a journeyman electrician, not more than one noncertified individual for every certified master journeyman electrician or journeyman electrician, except that the ratio requirements shall be one certified master journeyman electrician or journeyman electrician to no more than four students enrolled in and working as part of an electrical construction program at public community or technical colleges, or not-for-profit nationally accredited trade or technical schools licensed by the workforce training and education coordinating board under chapter 28C.10 RCW. In meeting the ratio requirements for students enrolled in an electrical construction program at a trade school, a trade school may receive input and advice from the electrical board. An individual who has a current training certificate and who has successfully completed or is currently enrolled in an approved apprenticeship program or in an electrical construction program at public community or technical colleges, or not-for-profit nationally accredited technical or trade schools licensed by the workforce training and education coordinating board under chapter 28C.10 RCW, may work without direct on-site supervision during the last six months of meeting the practical experience requirements of this chapter. (5) For the residential (as specified in WAC 296-46B920(2)(a)), pump and irrigation (as specified in WAC 29646B-920(2)(b)), sign (as specified in WAC 296-46B920(2)(d)), limited energy (as specified in WAC 296-46B920(2)(e)), nonresidential maintenance (as specified in WAC 296-46B-920(2)(g)), restricted nonresidential maintenance as determined by the department in rule, or other new nonresidential specialties, not including appliance repair, as determined by the department in rule, either a master journeyman electrician, journeyman electrician, master specialty electrician working in that electrician’s specialty, or specialty electrician working in that electrician’s specialty must be on the same job site as the noncertified individual for a minimum of seventy-five percent of each working day. Other specialties must meet the requirements specified in RCW 19.28.191 (1)(g)(ii). When the ratio of certified electricians to noncertified individuals on a job site is one certified electrician to three or four noncertified individuals, the certified electrician must: [Title 19 RCW—page 50] (a) Directly supervise and instruct the noncertified individuals and the certified electrician may not directly make or engage in an electrical installation; and (b) Be on the same job site as the noncertified individual for a minimum of one hundred percent of each working day. (6) The electrical contractor shall accurately verify and attest to the electrical trainee hours worked by electrical trainees on behalf of the electrical contractor. [2006 c 224 § 2; 2006 c 185 § 6; 2002 c 249 § 4; 1997 c 309 § 1; 1996 c 241 § 6; 1983 c 206 § 13; 1980 c 30 § 2. Formerly RCW 19.28.510.] Reviser’s note: This section was amended by 2006 c 185 § 6 and by 2006 c 224 § 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). 19.28.171 Electrical trainee hours—Audit—Rules— Confidentiality. The department may audit the records of an electrical contractor that has verified the hours of experience submitted by an electrical trainee to the department under RCW 19.28.161(2) in the following circumstances: Excessive hours were reported; hours reported outside the normal course of the contractor’s business; the type of hours reported do not reasonably match the type of permits purchased; or for other similar circumstances in which the department demonstrates a likelihood of excessive hours being reported. The department shall limit the audit to records necessary to verify hours. The department shall adopt rules implementing audit procedures. Information obtained from an electrical contractor under the provisions of this section is confidential and is not open to public inspection under chapter 42.56 RCW. [2005 c 274 § 234; 2001 c 211 § 11; 1996 c 241 § 2. Formerly RCW 19.28.515.] 19.28.171 Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. 19.28.181 Application for certificate of competency. Any person desiring to be issued a certificate of competency as provided in this chapter shall deliver evidence in a form prescribed by the department affirming that said person has met the qualifications required under RCW 19.28.191. An electrician from another jurisdiction applying for a certificate of competency must provide evidence in a form prescribed by the department affirming that the person has the equivalent qualifications to those required under RCW 19.28.191. [2001 c 211 § 12; 1997 c 309 § 2; 1980 c 30 § 3. Formerly RCW 19.28.520.] 19.28.181 19.28.191 Certificate of competency—Eligibility for examination—Rules. (1) Upon receipt of the application, the department shall review the application and determine whether the applicant is eligible to take an examination for the master journeyman electrician, journeyman electrician, master specialty electrician, or specialty electrician certificate of competency. (a) Before July 1, 2005, an applicant who possesses a valid journeyman electrician certificate of competency in effect for the previous four years and a valid general administrator’s certificate may apply for a master journeyman electrician certificate of competency without examination. 19.28.191 (2008 Ed.) Electricians and Electrical Installations (b) Before July 1, 2005, an applicant who possesses a valid specialty electrician certificate of competency, in the specialty applied for, for the previous two years and a valid specialty administrator’s certificate, in the specialty applied for, may apply for a master specialty electrician certificate of competency without examination. (c) Before December 1, 2003, the following persons may obtain an equipment repair specialty electrician certificate of competency without examination: (i) A person who has successfully completed an apprenticeship program approved under chapter 49.04 RCW for the machinist trade; and (ii) A person who provides evidence in a form prescribed by the department affirming that: (A) He or she was employed as of April 1, 2003, by a factory-authorized equipment dealer or service company; and (B) he or she has worked in equipment repair for a minimum of four thousand hours. (d) To be eligible to take the examination for a master journeyman electrician certificate of competency the applicant must have possessed a valid journeyman electrician certificate of competency for four years. (e) To be eligible to take the examination for a master specialty electrician certificate of competency the applicant must have possessed a valid specialty electrician certificate of competency, in the specialty applied for, for two years. (f) To be eligible to take the examination for a journeyman certificate of competency the applicant must have: (i) Worked in the electrical construction trade for a minimum of eight thousand hours, of which four thousand hours shall be in industrial or commercial electrical installation under the supervision of a master journeyman electrician or journeyman electrician and not more than a total of four thousand hours in all specialties under the supervision of a master journeyman electrician, journeyman electrician, master specialty electrician working in that electrician’s specialty, or specialty electrician working in that electrician’s specialty. Speciality electricians with less than a four thousand hour work experience requirement cannot credit the time required to obtain that specialty towards qualifying to become a journeyman electrician; or (ii) Successfully completed an apprenticeship program approved under chapter 49.04 RCW for the electrical construction trade. (g) To be eligible to take the examination for a specialty electrician certificate of competency the applicant must have: (i) Worked in the residential (as specified in WAC 29646B-920(2)(a)), pump and irrigation (as specified in WAC 296-46B-920(2)(b)), sign (as specified in WAC 296-46B920(2)(d)), limited energy (as specified in WAC 296-46B920(2)(e)), nonresidential maintenance (as specified in WAC 296-46B-920(2)(g)), or other new nonresidential specialties as determined by the department in rule under the supervision of a master journeyman electrician, journeyman electrician, master specialty electrician working in that electrician’s specialty, or specialty electrician working in that electrician’s specialty for a minimum of four thousand hours; (ii) Worked in the appliance repair specialty as determined by the department in rule, restricted nonresidential maintenance as determined by the department in rule, the equipment repair specialty as determined by the department (2008 Ed.) 19.28.191 in rule, the pump and irrigation specialty other than as defined by (g)(i) of this subsection or domestic pump specialty as determined by the department in rule, or a specialty other than the designated specialties in (g)(i) of this subsection for a minimum of the initial ninety days, or longer if set by rule by the department. The restricted nonresidential maintenance specialty is limited to a maximum of 277 volts and 20 amperes for lighting branch circuits and/or a maximum of 250 volts and 60 amperes for other circuits, but excludes the replacement or repair of circuit breakers. The initial period must be spent under one hundred percent supervision of a master journeyman electrician, journeyman electrician, master specialty electrician working in that electrician’s specialty, or specialty electrician working in that electrician’s specialty. After this initial period, a person may take the specialty examination. If the person passes the examination, the person may work unsupervised for the balance of the minimum hours required for certification. A person may not be certified as a specialty electrician in the appliance repair specialty or in a specialty other than the designated specialities in (g)(i) of this subsection, however, until the person has worked a minimum of two thousand hours in that specialty, or longer if set by rule by the department; (iii) Successfully completed an approved apprenticeship program under chapter 49.04 RCW for the applicant’s specialty in the electrical construction trade; or (iv) In meeting the training requirements for the pump and irrigation or domestic pump specialties, the individual shall be allowed to obtain the experience required by this section at the same time the individual is meeting the experience required by RCW 18.106.040(1)(c). After meeting the training requirements provided in this section, the individual may take the examination and upon passing the examination, meeting additional training requirements as may still be required for those seeking a pump and irrigation, or a domestic pump specialty certificate as defined by rule, and paying the applicable fees, the individual must be issued the appropriate certificate. The department may include an examination for specialty plumbing certificate defined in RCW 18.106.010(10)(c) with the examination required by this section. The department, by rule and in consultation with the electrical board, may establish additional equivalent ways to gain the experience requirements required by this subsection. Individuals who are able to provide evidence to the department, prior to January 1, 2007, that they have been employed as a pump installer in the pump and irrigation or domestic pump business by an appropriately licensed electrical contractor, registered general contractor defined by chapter 18.27 RCW, or appropriate general specialty contractor defined by chapter 18.27 RCW for not less than eight thousand hours in the most recent six calendar years shall be issued the appropriate certificate by the department upon receiving such documentation and applicable fees. The department shall establish a single document for those who have received both an electrical specialty certification as defined by this subsection and have also met the certification requirements for the specialty plumber as defined by RCW 18.106.010(10)(c), showing that the individual has received both certifications. No other experience or training requirements may be imposed. [Title 19 RCW—page 51] 19.28.201 Title 19 RCW: Business Regulations—Miscellaneous (h) Any applicant for a journeyman electrician certificate of competency who has successfully completed a two-year program in the electrical construction trade at public community or technical colleges, or not-for-profit nationally accredited technical or trade schools licensed by the workforce training and education coordinating board under chapter 28C.10 RCW may substitute up to two years of the technical or trade school program for two years of work experience under a master journeyman electrician or journeyman electrician. The applicant shall obtain the additional two years of work experience required in industrial or commercial electrical installation prior to the beginning, or after the completion, of the technical school program. Any applicant who has received training in the electrical construction trade in the armed service of the United States may be eligible to apply armed service work experience towards qualification to take the examination for the journeyman electrician certificate of competency. (i) An applicant for a specialty electrician certificate of competency who, after January 1, 2000, has successfully completed a two-year program in the electrical construction trade at a public community or technical college, or a not-forprofit nationally accredited technical or trade school licensed by the workforce training and education coordinating board under chapter 28C.10 RCW, may substitute up to one year of the technical or trade school program for one year of work experience under a master journeyman electrician, journeyman electrician, master specialty electrician working in that electrician’s specialty, or specialty electrician working in that electrician’s specialty. Any applicant who has received training in the electrical construction trade in the armed services of the United States may be eligible to apply armed service work experience towards qualification to take the examination for an appropriate specialty electrician certificate of competency. (j) The department must determine whether hours of training and experience in the armed services or school program are in the electrical construction trade and appropriate as a substitute for hours of work experience. The department must use the following criteria for evaluating the equivalence of classroom electrical training programs and work in the electrical construction trade: (i) A two-year electrical training program must consist of three thousand or more hours. (ii) In a two-year electrical training program, a minimum of two thousand four hundred hours of student/instructor contact time must be technical electrical instruction directly related to the scope of work of the electrical specialty. Student/instructor contact time includes lecture and in-school lab. (iii) The department may not allow credit for a program that accepts more than one thousand hours transferred from another school’s program. (iv) Electrical specialty training school programs of less than two years will have all of the above student/instructor contact time hours proportionately reduced. Such programs may not apply to more than fifty percent of the work experience required to attain certification. (v) Electrical training programs of less than two years may not be credited towards qualification for journeyman [Title 19 RCW—page 52] electrician unless the training program is used to gain qualification for a four thousand hour electrical specialty. (k) No other requirement for eligibility may be imposed. (2) The department shall establish reasonable rules for the examinations to be given applicants for certificates of competency. In establishing the rules, the department shall consult with the board. Upon determination that the applicant is eligible to take the examination, the department shall so notify the applicant, indicating the time and place for taking the examination. (3) No noncertified individual may work unsupervised more than one year beyond the date when the trainee would be eligible to test for a certificate of competency if working on a full-time basis after original application for the trainee certificate. For the purposes of this section, full-time basis means two thousand hours. [2006 c 185 § 7. Prior: 2003 c 399 § 601; 2003 c 211 § 1; 2002 c 249 § 5; 1997 c 309 § 3; 1988 c 81 § 13; 1983 c 206 § 14; 1980 c 30 § 4. Formerly RCW 19.28.530.] Effective date—2003 c 399 §§ 501, 601, and 701: "Sections *501, 601, and 701 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [May 20, 2003]." [2003 c 399 § 902.] *Reviser’s note: Section 501, chapter 399, Laws of 2003 was vetoed by the governor. Part headings not law—2003 c 399: See note following RCW 19.28.006. 19.28.201 Examination—Times—Certification of results—Contents—Fees. The department, in coordination with the board, shall prepare an examination to be administered to applicants for master journeyman electrician, journeyman electrician, master specialty electrician, and specialty electrician certificates of competency. The department, with the consent of the board, may enter into a contract with a professional testing agency to develop, administer, and score electrician certification examinations. The department may set the examination fee by contract with the professional testing agency. The department must, at least four times annually, administer the examination to persons eligible to take it under RCW 19.28.191. The fee must cover, but not exceed, the costs of preparing and administering the examination. The department must certify the results of the examination upon the terms and after such a period of time as the department, in cooperation with the board, deems necessary and proper. (1)(a) The master electrician’s certificates of competency examinations must include questions from the following categories to ensure proper safety and protection for the general public: (i) Safety; (ii) the state electrical code; and (iii) electrical theory. (b) A person may take the master electrician examination as many times as necessary without limit. All applicants must, before taking the examination, pay the required examination fee to the agency administering the examination. (2) The journeyman electrician and specialty electrician examinations shall be constructed to determine: (a) Whether the applicant possesses varied general knowledge of the technical information and practical proce19.28.201 (2008 Ed.) Electricians and Electrical Installations dures that are identified with the status of journeyman electrician or specialty electrician; and (b) Whether the applicant is sufficiently familiar with the applicable electrical codes and the rules of the department pertaining to electrical installations and electricians. A person may take the examination as many times as necessary without limit. All applicants must, before taking the examination, pay the required examination fee to the agency administering the examination. [2002 c 249 § 6; 2001 c 211 § 13; 1996 c 147 § 8; 1988 c 81 § 14; 1986 c 156 § 13; 1983 c 206 § 15; 1980 c 30 § 5. Formerly RCW 19.28.540.] 19.28.211 Certificate of competency—Issuance— Renewal—Continuing education—Fees—Effect. (1) The department shall issue a certificate of competency to all applicants who have passed the examination provided in RCW 19.28.201, and who have complied with RCW 19.28.161 through 19.28.271 and the rules adopted under this chapter. The certificate shall bear the date of issuance, and shall expire on the holder’s birthday. The certificate shall be renewed every three years, upon application, on or before the holder’s birthdate. A fee shall be assessed for each certificate and for each annual renewal. (2) If the certificate holder demonstrates to the department that he or she has satisfactorily completed an annual eight-hour continuing education course, the certificate may be renewed without examination by appropriate application unless the certificate has been revoked, suspended, or not renewed within ninety days after the expiration date. For pump and irrigation or domestic pump specialty electricians, the continuing education course may combine both electrical and plumbing education provided that there is a minimum of four hours of electrical training in the course. (a) The contents and requirements for satisfactory completion of the continuing education course shall be determined by the director and approved by the board. (b) The department shall accept proof of a certificate holder’s satisfactory completion of a continuing education course offered in another state as meeting the requirements for maintaining a current Washington state certificate of competency if the department is satisfied the course is comparable in nature to that required in Washington state for maintaining a current certificate of competency. (3) If the certificate is not renewed before the expiration date, the individual shall pay twice the usual fee. The department shall set the fees by rule for issuance and renewal of a certificate of competency. The fees shall cover but not exceed the costs of issuing the certificates and of administering and enforcing the electrician certification requirements of this chapter. (4) The certificates of competency and temporary permits provided for in this chapter grant the holder the right to work in the electrical construction trade as a master electrician, journeyman electrician, or specialty electrician in accordance with their provisions throughout the state and within any of its political subdivisions without additional proof of competency or any other license, permit, or fee to engage in such work. [2006 c 185 § 12; 2002 c 249 § 7; 2001 c 211 § 14; 1996 c 241 § 7; 1993 c 192 § 1; 1986 c 156 § 14; 1983 c 206 § 16; 1980 c 30 § 6. Formerly RCW 19.28.550.] 19.28.241 19.28.221 19.28.221 Persons engaged in trade or business on July 16, 1973. No examination shall be required of any applicant for a certificate of competency who, on July 16, 1973, was engaged in a bona fide business or trade as a journeyman electrician in the state of Washington. Applicants qualifying under this section shall be issued a certificate by the department upon making an application as provided in RCW 19.28.181 and paying the fee required under RCW 19.28.201: PROVIDED, That no applicant under this section shall be required to furnish such evidence as required by RCW 19.28.181. [2001 c 211 § 15; 1980 c 30 § 7. Formerly RCW 19.28.560.] 19.28.211 (2008 Ed.) 19.28.231 19.28.231 Temporary permits. The department is authorized to grant and issue temporary permits in lieu of certificates of competency whenever an electrician coming into the state of Washington from another state requests the department for a temporary permit to engage in the electrical construction trade as an electrician during the period of time between filing of an application for a certificate as provided in RCW 19.28.181 and the date the results of taking the examination provided for in RCW 19.28.201 are furnished to the applicant. The department is authorized to enter into reciprocal agreements with other states providing for the acceptance of such states’ journeyman and speciality electrician certificate of competency or its equivalent when such states requirements are equal to the standards set by this chapter. No temporary permit shall be issued to: (1) Any person who has failed to pass the examination for a certificate of competency, except that any person who has failed the examination for competency under this section shall be entitled to continue to work under a temporary permit for ninety days if the person is enrolled in a journeyman electrician refresher course and shows evidence to the department that he or she has not missed any classes. The person, after completing the journeyman electrician refresher course, shall be eligible to retake the examination for competency at the next scheduled time. (2) Any applicant under this section who has not furnished the department with such evidence required under RCW 19.28.181. (3) To any apprentice electrician. [2001 c 211 § 16; 1986 c 156 § 15; 1983 c 206 § 17; 1980 c 30 § 8. Formerly RCW 19.28.570.] 19.28.241 19.28.241 Revocation of certificate of competency— Grounds—Procedure. (1) The department may revoke any certificate of competency upon the following grounds: (a) The certificate was obtained through error or fraud; (b) The holder thereof is judged to be incompetent to work in the electrical construction trade as a journeyman electrician or specialty electrician; (c) The holder thereof has violated any of the provisions of RCW 19.28.161 through 19.28.271 or any rule adopted under this chapter; or (d) The holder thereof has committed a serious violation of this chapter or any rule adopted under this chapter. A serious violation is a violation that presents imminent danger to the public. [Title 19 RCW—page 53] 19.28.251 Title 19 RCW: Business Regulations—Miscellaneous (2) The department may deny an application for a certificate of competency for up to two years if the applicant’s previous certificate of competency has been revoked. (3) Before any certificate of competency shall be revoked, the holder shall be given written notice of the department’s intention to do so, mailed by registered mail, return receipt requested, to the holder’s last known address. The notice shall enumerate the allegations against the holder, and shall give the holder the opportunity to request a hearing before the board. At the hearing, the department and the holder may produce witnesses and give testimony. The hearing shall be conducted in accordance with chapter 34.05 RCW. The board shall render its decision based upon the testimony and evidence presented, and shall notify the parties immediately upon reaching its decision. A majority of the board shall be necessary to render a decision. (4) The department shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department’s receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order. [2002 c 249 § 8; 2001 c 211 § 17; 1997 c 58 § 845; 1988 c 81 § 15; 1983 c 206 § 18; 1980 c 30 § 9. Formerly RCW 19.28.580.] Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 19.28.251 Powers and duties of director—Administration of RCW 19.28.161 through 19.28.271 by the department. The director may promulgate rules, make specific decisions, orders, and rulings, including demands and findings, and take other necessary action for the implementation and enforcement of RCW 19.28.161 through 19.28.271. In the administration of RCW 19.28.161 through 19.28.271 the department shall not enter any controversy arising over work assignments with respect to the trades involved in the construction industry. [2001 c 211 § 18; 1983 c 206 § 20; 1980 c 30 § 11. Formerly RCW 19.28.600.] 19.28.251 19.28.261 Exemptions from RCW 19.28.161 through 19.28.271. (1) Nothing in RCW 19.28.161 through 19.28.271 shall be construed to require that a person obtain a license or a certified electrician in order to do electrical work at his or her residence or farm or place of business or on other property owned by him or her unless the electrical work is on the construction of a new building intended for rent, sale, or lease. However, if the construction is of a new residential building with up to four units intended for rent, sale, or lease, the owner may receive an exemption from the requirement to obtain a license or use a certified electrician if he or she provides a signed affidavit to the department stating that he or she will be performing the work and will occupy one of the units as his or her principal residence. The owner shall apply 19.28.261 [Title 19 RCW—page 54] to the department for this exemption and may only receive an exemption once every twenty-four months. It is intended that the owner receiving this exemption shall occupy the unit as his or her principal residence for twenty-four months after completion of the units. (2) Nothing in RCW 19.28.161 through 19.28.271 shall be intended to derogate from or dispense with the requirements of any valid electrical code enacted by a city or town pursuant to RCW 19.28.010(3), except that no code shall require the holder of a certificate of competency to demonstrate any additional proof of competency or obtain any other license or pay any fee in order to engage in the electrical construction trade. (3) RCW 19.28.161 through 19.28.271 shall not apply to common carriers subject to Part I of the Interstate Commerce Act, nor to their officers and employees. (4) Nothing in RCW 19.28.161 through 19.28.271 shall be deemed to apply to the installation or maintenance of telephone, telegraph, radio, or television wires and equipment; nor to any electrical utility or its employees in the installation, repair, and maintenance of electrical wiring, circuits, and equipment by or for the utility, or comprising a part of its plants, lines or systems. (5) The licensing provisions of RCW 19.28.161 through 19.28.271 shall not apply to: (a) Persons making electrical installations on their own property or to regularly employed employees working on the premises of their employer, unless the electrical work is on the construction of a new building intended for rent, sale, or lease; (b) Employees of an employer while the employer is performing utility type work of the nature described in RCW 19.28.091 so long as such employees have registered in the state of Washington with or graduated from a state-approved outside lineworker apprenticeship course that is recognized by the department and that qualifies a person to perform such work; (c) Any work exempted under RCW 19.28.091(6); and (d) Certified plumbers, certified residential plumbers, or plumber trainees meeting the requirements of chapter 18.106 RCW and performing exempt work under RCW 19.28.091(8). (6) Nothing in RCW 19.28.161 through 19.28.271 shall be construed to restrict the right of any householder to assist or receive assistance from a friend, neighbor, relative or other person when none of the individuals doing the electrical installation hold themselves out as engaged in the trade or business of electrical installations. (7) Nothing precludes any person who is exempt from the licensing requirements of this chapter under this section from obtaining a journeyman or specialty certificate of competency if they otherwise meet the requirements of this chapter. [2007 c 218 § 83; 2003 c 399 § 302; 2001 c 211 § 19; 1998 c 98 § 2; 1994 c 157 § 1; 1992 c 240 § 3; 1986 c 156 § 16; 1983 c 206 § 21; 1980 c 30 § 12. Formerly RCW 19.28.610.] Intent—Finding—2007 c 218: See note following RCW 1.08.130. Part headings not law—2003 c 399: See note following RCW 19.28.006. (2008 Ed.) Electricians and Electrical Installations 19.28.271 Violations of RCW 19.28.161 through 19.28.271—Schedule of penalties—Appeal. (1) It is unlawful for any person, firm, partnership, corporation, or other entity to employ an individual for purposes of RCW 19.28.161 through 19.28.271 who has not been issued a certificate of competency or a training certificate. It is unlawful for any individual to engage in the electrical construction trade or to maintain or install any electrical equipment or conductors without having in his or her possession a certificate of competency or a training certificate under RCW 19.28.161 through 19.28.271. Any person, firm, partnership, corporation, or other entity found in violation of RCW 19.28.161 through 19.28.271 shall be assessed a penalty of not less than fifty dollars or more than five hundred dollars. The department shall set by rule a schedule of penalties for violating RCW 19.28.161 through 19.28.271. An appeal may be made to the board as is provided in RCW 19.28.131. The appeal shall be filed within twenty days after the notice of the penalty is given to the assessed party by certified mail, return receipt requested, sent to the last known address of the assessed party and shall be made by filing a written notice of appeal with the department. Any equipment maintained or installed by any person who does not possess a certificate of competency under RCW 19.28.161 through 19.28.271 shall not receive an electrical work permit and electrical service shall not be connected or maintained to operate the equipment. Each day that a person, firm, partnership, corporation, or other entity violates RCW 19.28.161 through 19.28.271 is a separate violation. (2) A civil penalty shall be collected in a civil action brought by the attorney general in the county wherein the alleged violation arose at the request of the department if any of RCW 19.28.161 through 19.28.271 or any rules adopted under RCW 19.28.161 through 19.28.271 are violated. [2001 c 211 § 20; 1996 c 147 § 9; 1988 c 81 § 16; 1986 c 156 § 17; 1983 c 206 § 22; 1980 c 30 § 13. Formerly RCW 19.28.620.] 19.28.271 PROVISIONS APPLICABLE TO ELECTRICAL INSTALLATIONS AND TELECOMMUNICATIONS INSTALLATIONS 19.28.301 Application—Subchapter heading. (1) RCW 19.28.311 through 19.28.381 apply throughout this chapter. (2) RCW 19.28.311 through 19.28.381 constitute the subchapter "provisions applicable to electrical installations and telecommunications installations." [2000 c 238 § 1.] 19.28.301 Severability—2000 c 238: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2000 c 238 § 301.] 19.28.311 Electrical board. There is hereby created an electrical board, consisting of fifteen members to be appointed by the governor with the advice of the director of labor and industries as herein provided. It shall be the purpose and function of the board to advise the director on all matters pertaining to the enforcement of this chapter including, but not limited to standards of electrical and telecommunications installation, minimum inspection procedures, and the adoption of rules pertaining to the electrical inspection 19.28.311 (2008 Ed.) 19.28.311 division: PROVIDED, HOWEVER, That no rules shall be amended or repealed until the electrical board has first had an opportunity to consider any proposed amendments or repeals and had an opportunity to make recommendations to the director relative thereto. The members of the electrical board shall be selected and appointed as follows: One member shall be an employee or officer of a corporation or public agency generating or distributing electric power; one member must be an employee or officer of a facilities-based telecommunications service provider regulated by the Washington state utilities and transportation commission; three members shall be licensed electrical contractors: PROVIDED, That one of these members may be a representative of a trade association in the electrical industry; one member shall be a licensed telecommunications contractor; one member shall be an employee, or officer, or representative of a corporation or firm engaged in the business of manufacturing or distributing electrical and telecommunications materials, equipment, or devices; one member shall be a person with knowledge of the electrical industry, not related to the electrical industry, to represent the public; three members shall be certified electricians; one member shall be a telecommunications worker; one member shall be a licensed professional electrical engineer qualified to do business in the state of Washington and designated as a registered communications distribution designer; one member shall be an outside line worker; and one nonvoting member must be a building official from an incorporated city or town with an electrical inspection program established under RCW 19.28.141. The regular term of each member shall be four years: PROVIDED, HOWEVER, The original board shall be appointed on June 9, 1988, for the following terms: The first term of the member representing a corporation or public agency generating or distributing electric power shall serve four years; two members representing licensed electrical contractors shall serve three years; the member representing a manufacturer or distributor of electrical equipment or devices shall serve three years; the member representing the public and one member representing licensed electrical contractors shall serve two years; the three members selected as certified electricians shall serve for terms of one, two, and three years, respectively; the member selected as the licensed professional electrical engineer shall serve for one year. In appointing the original board, the governor shall give due consideration to the value of continuity in membership from predecessor boards. Thereafter, the governor shall appoint or reappoint board members for terms of four years and to fill vacancies created by the completion of the terms of the original members. When new positions are created, the governor may appoint the initial members to the new positions to staggered terms of one to three years. The governor shall also fill vacancies caused by death, resignation, or otherwise for the unexpired term of such members by appointing their successors from the same business classification. The same procedure shall be followed in making such subsequent appointments as is provided for the original appointments. The board, at this first meeting shall elect one of its members to serve as chairman. Any person acting as the chief electrical inspector shall serve as secretary of the board during his or her tenure as chief state inspector. Meetings of the board shall be held at least quarterly in accordance with a schedule established by the board. Each member of [Title 19 RCW—page 55] 19.28.321 Title 19 RCW: Business Regulations—Miscellaneous the board shall receive compensation in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060 which shall be paid out of the electrical license fund, upon vouchers approved by the director of labor and industries. [2005 c 280 § 1; 2000 c 238 § 3; 1988 c 81 § 4; 1984 c 287 § 56; 1975-’76 2nd ex.s. c 34 § 60; 1969 ex.s. c 71 § 1; 1963 c 207 § 5. Formerly RCW 19.28.065.] Appointment to electrical board—2005 c 280: "The governor shall appoint the member representing outside line workers within ninety days after July 24, 2005." [2005 c 280 § 2.] Severability—2000 c 238: See note following RCW 19.28.301. Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. 19.28.321 Enforcement—State electrical inspectors—Qualifications—Salaries and expenses. The director of labor and industries of the state of Washington and the officials of all incorporated cities and towns where electrical inspections are required by local ordinances shall have power and it shall be their duty to enforce the provisions of this chapter in their respective jurisdictions. The director of labor and industries shall appoint a chief electrical inspector and may appoint other electrical inspectors as the director deems necessary to assist the director in the performance of the director’s duties. The chief electrical inspector, subject to the review of the director, shall be responsible for providing the final interpretation of adopted state electrical standards, rules, and policies for the department and its inspectors, assistant inspectors, electrical plan examiners, and other individuals supervising electrical program personnel. If a dispute arises within the department regarding the interpretation of adopted state electrical standards, rules, or policies, the chief electrical inspector, subject to the review of the director, shall provide the final interpretation of the disputed standard, rule, or policy. All electrical inspectors appointed by the director of labor and industries shall have not less than: Four years experience as journeyperson electricians in the electrical construction trade installing and maintaining electrical wiring and equipment, or two years electrical training in a college of electrical engineering of recognized standing and four years continuous practical electrical experience in installation work, or four years of electrical training in a college of electrical engineering of recognized standing and two years continuous practical electrical experience in electrical installation work; or four years experience as a journeyperson electrician performing the duties of an electrical inspector employed by the department or a city or town with an approved inspection program under RCW 19.28.141, except that for work performed in accordance with the national electrical safety code and covered by this chapter, such inspections may be performed by a person certified as an outside journeyperson lineworker, under RCW 19.28.261(5)(b), with four years experience or a person with four years experience as a certified outside journeyperson lineworker performing the duties of an electrical inspector employed by an electrical utility. Such state inspectors shall be paid such salary as the director of labor and industries shall determine, together with their travel expenses in accordance with RCW 43.03.050 and 19.28.321 [Title 19 RCW—page 56] 43.03.060 as now existing or hereafter amended. As a condition of employment, inspectors hired exclusively to perform inspections in accordance with the national electrical safety code must possess and maintain certification as an outside journeyperson lineworker. The expenses of the director of labor and industries and the salaries and expenses of state inspectors incurred in carrying out the provisions of this chapter shall be paid entirely out of the electrical license fund, upon vouchers approved by the director of labor and industries. [2007 c 218 § 84; 2001 c 211 § 21; 1997 c 309 § 4; 1986 c 156 § 4; 1975-’76 2nd ex.s. c 34 § 61; 1967 c 88 § 1; 1935 c 169 § 3; RRS § 8307-3. Formerly RCW 19.28.070, 19.28.080, 19.28.090, 19.28.100, 19.28.110.] Intent—Finding—2007 c 218: See note following RCW 1.08.130. Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. 19.28.331 Inspection reports. If any inspection made under this chapter requires any correction or change in the work inspected, a written report of the inspection shall be made by the inspector, in which report the corrections or changes required shall be plainly stated. A copy of the report shall be furnished to the person, firm, partnership, corporation, or other entity doing the installation work, and a copy shall be filed with the department. [1983 c 206 § 8; 1935 c 169 § 9; RRS § 8307-9. Formerly RCW 19.28.250.] 19.28.331 19.28.341 Revocation or suspension of license— Grounds—Appeal to board—Fee—Costs. (1) The department has the power, in case of serious noncompliance with the provisions of this chapter, to revoke or suspend for such a period as it determines, any electrical or telecommunications contractor license or electrical or telecommunications contractor administrator certificate issued under this chapter. The department shall notify the holder of the license or certificate of the revocation or suspension by certified mail. A revocation or suspension is effective twenty days after the holder receives the notice. Any revocation or suspension is subject to review by an appeal to the board. The filing of an appeal stays the effect of a revocation or suspension until the board makes its decision. The appeal shall be filed within twenty days after notice of the revocation or suspension is given by certified mail sent to the address of the holder of the license or certificate as shown on the application for the license or certificate, and shall be effected by filing a written notice of appeal with the department, accompanied by a certified check for two hundred dollars, which shall be returned to the holder of the license or certificate if the decision of the department is not sustained by the board. The hearing shall be conducted in accordance with chapter 34.05 RCW. If the board sustains the decision of the department, the two hundred dollars shall be applied by the department to the payment of the per diem and expenses of the members of the board incurred in the matter, and any balance remaining after payment of per diem and expenses shall be paid into the electrical license fund. (2) The department shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissu19.28.341 (2008 Ed.) Electricians and Electrical Installations ance of the license or certificate shall be automatic upon the department’s receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order. [2000 c 238 § 4; 1997 c 58 § 844; 1996 c 241 § 5; 1988 c 81 § 10; 1986 c 156 § 10; 1983 c 206 § 11; 1935 c 169 § 7; RRS § 8307-7. Formerly RCW 19.28.310, 19.28.320.] Severability—2000 c 238: See note following RCW 19.28.301. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 19.28.351 19.28.351 Electrical license fund. All sums received from licenses, permit fees, or other sources, herein shall be paid to the state treasurer and placed in a special fund designated as the "electrical license fund," and paid out upon vouchers duly and regularly issued therefor and approved by the director of labor and industries or the director’s designee following determination by the board that the sums are necessary to accomplish the intent of chapter 19.28 RCW. The treasurer shall keep an accurate record of payments into, or receipts of, the fund, and of all disbursements therefrom. During the 2003-2005 biennium, the legislature may transfer moneys from the electrical license fund to the state general fund such amounts as reflect the excess fund balance of the fund. [2003 1st sp.s. c 25 § 910; 1988 c 81 § 11; 1979 ex.s. c 67 § 1; 1935 c 169 § 18; RRS § 8307-18. Formerly RCW 19.28.330.] Severability—2003 1st sp.s. c 25: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2003 1st sp.s. c 25 § 945.] Effective date—2003 1st sp.s. c 25: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [June 26, 2003]." [2003 1st sp.s. c 25 § 946.] Severability—1979 ex.s. c 67: "If any provision of this 1979 act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 67 § 22.] 19.28.400 19.28.371 Medical device—Installation, maintenance, or repair—Compliance with chapter—Limit of exemption. (1) A medical device which is not in violation of the Medical Device Amendments of 1976, Public Law No. 94-295, 90 Stat. 539, as amended from time to time, and as interpreted by the Food and Drug Administration of the United States Department of Health and Human Services or its successor, shall be deemed to be in compliance with all requirements imposed by this chapter. (2) The installation, maintenance, or repair of a medical device deemed in compliance with this chapter is exempt from licensing requirements under RCW 19.28.091, certification requirements under RCW 19.28.161, and inspection and permitting requirements under RCW 19.28.101. This exemption does not include work providing electrical feeds into the power distribution unit or installation of conduits and raceways. This exemption covers only those factory engineers or third-party service companies with equivalent training who are qualified to perform such service. [2003 c 78 § 1; 1981 c 57 § 1. Formerly RCW 19.28.390.] 19.28.371 19.28.381 Denial of renewal of certificate or license for outstanding penalties—Notice—Appeal—Hearing. The department may deny renewal of a certificate or license issued under this chapter, if the applicant for renewal owes outstanding penalties for a final judgment under this chapter. The department shall notify the applicant of the denial by registered mail, return receipt requested, to the address on the application. The applicant may appeal the denial within twenty days by filing a notice of appeal with the department accompanied by a certified check for two hundred dollars which shall be returned to the applicant if the decision of the department is not upheld by the board. The office of administrative hearings shall conduct the hearing under chapter 34.05 RCW. The electrical board shall review the proposed decision at the next regularly scheduled board meeting. If the board sustains the decision of the department, the two hundred dollars must be applied to the cost of the hearing. [1996 c 241 § 1. Formerly RCW 19.28.630.] 19.28.381 PROVISIONS APPLICABLE TO TELECOMMUNICATIONS INSTALLATIONS 19.28.400 Definitions. The definitions in this section apply throughout this subchapter unless the context clearly requires otherwise. (1) "Telecommunications backbone cabling systems" means a system that provides interconnections between telecommunications closets, equipment rooms, and entrance facilities in the telecommunications cabling system structure. Backbone cabling consists of the backbone cables, intermediate and main cross-connects, mechanical terminations, and patch cords or jumpers used for backbone to backbone crossconnection. Backbone cabling also includes cabling between buildings. (2) "Board" means the electrical board under RCW 19.28.311. (3) "Department" means the department of labor and industries. (4) "Director" means the director of the department or the director’s designee. 19.28.400 19.28.361 19.28.361 Liability for injury or damage. Nothing contained in this chapter will be construed to relieve from or lessen the responsibility or liability of any person for injury or damage to person or property caused by or resulting from any defect of any nature in any electrical or telecommunications work performed by said person or in any electrical or telecommunications equipment owned, controlled, installed, operated or used by him or her; nor shall the state of Washington, or any officer, agent, or employee thereof incur or be held as assuming any liability by reason or in consequence of any permission, certificate of inspection, inspection or approval authorized herein, or issued or given as herein provided, or by reason of consequence of any things done or acts performed pursuant to any provision of this chapter. [2000 c 238 § 5; 1935 c 169 § 16; RRS § 8307-16. Formerly RCW 19.28.340.] Severability—2000 c 238: See note following RCW 19.28.301. (2008 Ed.) [Title 19 RCW—page 57] 19.28.410 Title 19 RCW: Business Regulations—Miscellaneous (5) "Telecommunications horizontal cabling systems" means the portions of the telecommunications cabling system that extends [extend] from the work area telecommunications outlet or connector to the telecommunications closet. The horizontal cabling includes the horizontal cables, the telecommunications outlet or connector in the work area, the mechanical termination, and horizontal cross-connections located in the telecommunications closet. (6) "Telecommunications network demarcation point" means the point or interconnection between the service provider’s communications cabling, terminal equipment, and protective apparatus and the customer’s premises telecommunications cabling system. The location of this point for regulated carriers is determined by federal and state regulations. The carrier should be contacted to determine the location policies in effect in the area. (7) "Telecommunications scope of work" means the work of a telecommunications contractor. This includes the installation, maintenance, and testing of telecommunications systems, equipment, and associated hardware, pathway systems, and cable management systems, which excludes cable tray and conduit raceway systems. The scope also includes installation of open wiring systems of telecommunications cables, surface nonmetallic raceways designated and used exclusively for telecommunications, optical fiber innerduct raceway, underground raceways designated and used exclusively for telecommunications and installed for additions or extensions to existing telecommunications systems not to exceed fifty feet inside the building, and incidental short sections of circular or surface metal raceway, not to exceed ten feet, for access or protection of telecommunications cabling and installation of cable trays and ladder racks in telecommunications service entrance rooms, spaces, or closets. (8) A "telecommunications structured cabling system" is the complete collective configuration of cabling and associated hardware at a given site and installed to perform specific telecommunications functions. (9) "Telecommunications administrator" means a person designated by a telecommunications contractor to supervise the installation of telecommunications systems in accordance with rules adopted under this chapter. (10) "Telecommunications closet" means a room for housing telecommunications equipment, cable terminations, and cross-connect wiring that serve that particular floor. The closet is the recognized transition point between the backbone and horizontal cabling systems. (11) "Telecommunications contractor" means a person, firm, partnership, corporation, or other entity that advertises, offers to undertake, undertakes, submits a bid for, or does the work of installing or maintaining telecommunications systems. (12) "Telecommunications service entrance room or space" means a room or space used as the building serving facility in which the joining of inter-building and intra-building backbone facilities takes place. The service entrance room may also house electronic equipment serving any telecommunications function. (13) "Telecommunications systems" means structured cabling systems that begin at the demarcation point between the local service provider and the customer’s premises structured cabling system. [Title 19 RCW—page 58] (a) Telecommunications systems encompass all forms of information generation, processing, and transporting of signals conveyed electronically or optically within or between buildings, including voice, data, video, and audio. (b) Telecommunications systems include structured cabling systems, compatible connecting hardware, telecommunications equipment, premises switching equipment, infrared, fiber optic, radio-frequency, and other limitedenergy interconnections associated with telecommunications systems or appliances. (c) Telecommunications systems do not include horizontal cabling used for fire protection signaling systems, intrusion alarms, access control systems, patient monitoring systems, energy management control systems, industrial and automation control systems, HVAC/refrigeration control systems, lighting control systems, and stand-alone amplified sound or public address systems. (d) Telecommunications systems may interface with other building signal systems including security, alarms, and energy management at cross-connection junctions within telecommunications closets or at extended points of demarcation. Telecommunications systems do not include the installation or termination of premises line voltage service, feeder, or branch circuit conductors or equipment. (14) "Telecommunications worker" means a person primarily and regularly engaged in the installation and/or maintenance of telecommunications systems, equipment, and infrastructure as defined in this chapter. (15) "Telecommunications workstation" means a building space where the occupant normally interacts with telecommunications equipment. The telecommunications outlet in the work area is the point at which end-user equipment plugs into the building telecommunications utility formed by the pathway, space, and building wiring system. [2000 c 238 § 204.] Severability—2000 c 238: See note following RCW 19.28.301. 19.28.410 Telecommunications systems installations—Subject to this subchapter. (1) All installations of wires and equipment defined as telecommunications systems are subject to the requirements of this subchapter. Installations shall be in conformity with approved methods of construction for safety to life and property. The national electrical code, approved standards of the telecommunications industries association, the electronic industries association, the American national standards institute, and other safety standards approved by the department shall be evidence of approved methods of installation. (2) This chapter may not limit the authority or power of any city or town to enact and enforce under authority given by law in RCW 19.28.141, any ordinance, or rule requiring an equal, higher, or better standard of construction and an equal, higher, or better standard of materials, devices, appliances, and equipment than that required by this chapter. [2000 c 238 § 205.] 19.28.410 Severability—2000 c 238: See note following RCW 19.28.301. 19.28.420 Telecommunications contractor license— Application—Bond—Issuance of license. (1) It is unlawful for any person, firm, partnership, corporation, or other entity 19.28.420 (2008 Ed.) Electricians and Electrical Installations to advertise, offer to do work, submit a bid, engage in, conduct, or carry on the business of installing or maintaining telecommunications systems without having a telecommunications contractor license. Electrical contractors licensed as general electrical (01) or specialty electrical (06) contractors under chapter 19.28 RCW and their designated administrators qualify to perform all telecommunications work defined in this chapter. Telecommunications contractors licensed under this chapter are not required to be registered under chapter 18.27 RCW. All telecommunications licenses expire twenty-four calendar months following the day of their issue. A telecommunications contractor license is not required for a licensed specialty electrical contractor to perform telecommunications installations or maintenance integral to the equipment or occupancy limitations of their electrical specialty. A telecommunications contractor license is not required for persons making telecommunications installations or performing telecommunications maintenance on their own property or for regularly employed employees working on the premises of their employer, unless on a new building intended for rent, sale, or lease. (2) Application for a telecommunications contractor license shall be made in writing to the department accompanied by the required fee. The applications shall state: (a) The name and address of the applicant. In the case of firms or partnerships, the applications shall state the names of the individuals composing the firm or partnership. In the case of corporations, the applications shall state the names of the corporation’s managing officials; (b) The location of the place of business of the applicant and the name under which the business is conducted; (c) The employer social security number or tax identification number; (d) Evidence of workers’ compensation coverage for the applicant’s employees working in Washington, as follows: (i) The applicant’s industrial insurance account number issued by the department; (ii) The applicant’s self-insurer number issued by the department; or (iii) For applicants domiciled in a state or province of Canada subject to an agreement entered into under RCW 51.12.120(7), as permitted by the agreement, filing a certificate of coverage issued by the agency that administers the workers’ compensation law in the applicant’s state or province of domicile certifying that the applicant has secured the payment of compensation under the other state’s or province’s workers’ compensation law; (e) The employment security department number; and (f) The state excise tax registration number. (3) The unified business identifier account number may be substituted for the information required by subsection (2)(d), (e), and (f) of this section if the applicant will not employ employees in Washington. (4) The department may verify the workers’ compensation coverage information provided by the applicant under subsection (2)(d) of this section including, but not limited to, information regarding the coverage of an individual employee of the applicant. If coverage is provided under the laws of another state, the department may notify the other state that the applicant is employing employees in Washington. (2008 Ed.) 19.28.420 (5) To obtain a telecommunications contractor license the applicant must designate an individual who currently possesses a telecommunications administrator certificate. To obtain an administrator’s certificate an individual must pass an examination as set forth in this chapter. Examination criteria will be determined by the board. (6) No examination may be required of any applicant for an initial telecommunications administrator certificate qualifying under this section. Applicants qualifying under this section shall be issued an administrator certificate by the department upon making an application and paying the required fee. Individuals must apply before July 1, 2001, to qualify for an administrator certificate without examination under this section. The board shall certify to the department the names of all persons entitled to this administrator certificate. Prior to July 1, 2001, bona fide registered contractors under chapter 18.27 RCW engaged in the business of installing or maintaining telecommunications wiring in this state on or before June 8, 2000, may designate the following number of persons to receive a telecommunications administrator certificate without examination: (a) One owner or officer of a contractor, registered under chapter 18.27 RCW on or before June 8, 2000, currently engaged in the business of installing telecommunications wiring; (b) One employee, principal, or officer, with a minimum of two years experience performing telecommunications installations, per registered telecommunication[s] contractor; and (c) One employee for each one hundred employees, or fraction thereof, with a minimum of two years experience performing telecommunications installations. (7) The application for a contractor license shall be accompanied by a bond in the sum of four thousand dollars with the state of Washington named as obligee in the bond, with good and sufficient surety, to be approved by the department. The bond shall at all times be kept in full force and effect, and any cancellation or revocation thereof, or withdrawal of the surety therefrom, suspends the license issued to the principal until a new bond has been filed and approved as provided in this section. Upon approval of a bond, the department shall, on the next business day, deposit the fee accompanying the application in the electrical license fund and shall file the bond in the office. The department shall, upon request, furnish to any person, firm, partnership, corporation, or other entity a certified copy of the bond upon the payment of a fee that the department shall set by rule. The fee shall cover but not exceed the cost of furnishing the certified copy. The bond shall be conditioned that the principal will pay for all labor, including employee benefits, and material furnished or used upon the work, taxes and contributions to the state of Washington, and all damages that may be sustained by any person, firm, partnership, corporation, or other entity due to a failure of the principal to make the installation or maintenance in accordance with this chapter. In lieu of the surety bond required by this section the applicant may file with the department a cash deposit or other negotiable security acceptable to the department. If the applicant has filed a cash deposit, the department shall deposit the funds in a special trust savings account in a commercial bank, mutual savings [Title 19 RCW—page 59] 19.28.430 Title 19 RCW: Business Regulations—Miscellaneous bank, or savings and loan association and shall pay annually to the depositor the interest derived from the account. (8) Any person, firm, or corporation sustaining any damage or injury by reason of the principal’s breach of the conditions of the bond required under this section may bring an action against the surety named therein, joining in the action the principal named in the bond; the action shall be brought in the superior court of any county in which the principal on the bond resides or transacts business, or in the county in which the work was performed as a result of which the breach is alleged to have occurred; the action shall be maintained and prosecuted as other civil actions. Claims or actions against the surety on the bond shall be paid in full in the following order of priority: (a) Labor, including employee benefits, (b) materials and equipment used upon such work, (c) taxes and contributions due to the state, (d) damages sustained by any person, firm, or corporation due to the failure of the principal to make the installation in accordance with this chapter, or any ordinance, building code, or regulation applicable thereto. However, the total liability of the surety on any bond may not exceed the sum of four thousand dollars, and the surety on the bond may not be liable for monetary penalties. Any action shall be brought within one year from the completion of the work in the performance of which the breach is alleged to have occurred. The surety shall mail a conformed copy of the judgment against the bond to the department within seven days. In the event that a cash or securities deposit has been made in lieu of the surety bond, and in the event of a judgment being entered against the depositor and deposit, the director shall upon receipt of a certified copy of a final judgment, pay the judgment from the deposit. (9) The department shall issue a telecommunications contractor license to applicants meeting all of the requirements of this chapter applicable to electrical and telecommunications installations. The provisions of this chapter relating to the licensing of any person, firm, partnership, corporation, or other entity including the requirement of a bond with the state of Washington named as obligee and the collection of a fee for that bond, are exclusive, and no political subdivision of the state of Washington may require or issue any licenses or bonds or charge any fee for the same or a similar purpose. [2000 c 238 § 206.] Severability—2000 c 238: See note following RCW 19.28.301. 19.28.430 19.28.430 Administrator’s examination—Certificate—Administrator’s requirements. (1) Each applicant for a telecommunications contractor license shall designate a supervisory employee or member of the firm to take the administrator’s examination. This person shall be designated as administrator under the contractor’s license and must be a full-time supervisory employee of the applicant. No person may qualify as administrator for more than one contractor. If the relationship of the administrator with the telecommunications contractor is terminated, the contractor’s license is void within ninety days unless another administrator is qualified by the board. However, if the administrator dies, the contractor’s license is void within one hundred eighty days unless another administrator is qualified by the board. (2) A certificate issued under this section is valid for two years from the nearest birthdate of the administrator, unless [Title 19 RCW—page 60] revoked or suspended, and is nontransferable. The certificate may be renewed for a two-year period without examination by appropriate application unless the certificate has been revoked, suspended, or not renewed within ninety days after the expiration date. If the certificate is not renewed before the expiration date, the individual shall pay twice the usual fee. A person may take the administrator’s test as many times as necessary to pass, without limit. (3) The administrator shall: (a) Be a member of the firm or a supervisory employee and shall be available during working hours to carry out the duties of an administrator under this section; (b) Ensure that all telecommunications work complies with the telecommunication[s] installation laws and rules; (c) Ensure proper permits are required and inspections made; (d) See that corrective notices issued by an inspecting authority are complied with; and (e) Notify the department in writing within ten days if the administrator relationship is terminated with the telecommunications contractor. [2000 c 238 § 207.] Severability—2000 c 238: See note following RCW 19.28.301. 19.28.440 Examination for telecommunications administrators’ certificates. It is the purpose and function of the board to establish and administer written examinations for telecommunications administrators’ certificates. Examinations shall be designed to reasonably ensure that telecommunications administrators’ certificate holders are competent to engage in and supervise the work regulated under this subchapter and their respective licenses. The examinations shall include questions to assure proper safety and protection for the general public. The department, with the consent of the board, is permitted to enter into a contract with a professional testing agency to develop, administer, and score these examinations. The fee for the examination may be set by the department in its contract with the professional testing agency. The department may direct that the applicant pay the fee to the professional testing agency. The fee shall cover but not exceed the costs of preparing and administering the examination. [2000 c 238 § 208.] 19.28.440 Severability—2000 c 238: See note following RCW 19.28.301. 19.28.450 Local enforcement of subchapter— Enforcement of chapter. (1) The director and the officials of all incorporated cities and towns where electrical inspections are required by local ordinances, allowed by RCW 19.28.141, may require by local ordinance the enforcement of this subchapter in their respective jurisdictions. If an incorporated city or town elects to enforce this subchapter, the city or town has the power and shall enforce the provisions of this subchapter. (2) The director, through the chief electrical inspector and other inspectors appointed under RCW 19.28.321, shall enforce this chapter. Compliance enforcement may be performed by contractor compliance inspectors appointed under chapter 18.27 RCW. The expenses of the director and the salaries and expenses of state inspectors incurred in carrying out the provisions of this chapter shall be paid entirely out of the 19.28.450 (2008 Ed.) Electricians and Electrical Installations electrical license fund, on vouchers approved by the director. [2000 c 238 § 209.] Severability—2000 c 238: See note following RCW 19.28.301. 19.28.460 Disputes regarding local regulations— Arbitration—Panel. Disputes arising under this chapter regarding whether any city or town’s telecommunications rules, regulations, or ordinances are equal to the rules adopted by the department shall be resolved by arbitration. The department shall appoint two members of the board to serve on the arbitration panel, and the city or town shall appoint two persons to serve on the arbitration panel. These four persons shall choose a fifth person to serve. If the four persons cannot agree on a fifth person, the presiding judge of the superior court of the county in which the city or town is located shall choose a fifth person. A decision of the arbitration panel may be appealed to the superior court of the county in which the city or town is located within thirty days after the date the panel issues its final decision. [2000 c 238 § 210.] 19.28.460 Severability—2000 c 238: See note following RCW 19.28.301. 19.28.470 Inspections—Report—Required repairs/changes—Accessibility of telecommunications systems. (1) The director shall require permits and require an inspector to inspect all installations of telecommunications systems on the customer side of the network demarcation point for projects greater than ten outlets. However: (a) All projects penetrating fire barriers, passing through hazardous locations and all backbone installations regardless of size shall be inspected; (b) All installations in single-family residences, duplex residences, and horizontal cabling systems within apartment residential units, including cooperatives and condominiums, do not require permits or inspections; (c) No permits or inspections may be required for installation or replacement of cord and plug connected telecommunications equipment or for patch cord and jumper cross-connected equipment; (d) The chief electrical inspector may allow a building owner or licensed electrical/telecommunications contractor to apply for annual permitting and regularly scheduled inspection of telecommunications installations made by licensed electrical/telecommunications contractors or the building owner for large commercial and industrial installations where: (i) The building owner or licensed electrical/telecommunications contractor has a full-time telecommunications maintenance staff or a yearly maintenance contract with a licensed electrical/telecommunications contractor; (ii) The permit is purchased before beginning any telecommunications work; and (iii) The building owner or licensed electrical/telecommunications contractor assumes responsibility for correcting all installation deficiencies. (2) Upon request, the department shall make the required inspection within forty-eight hours. The forty-eight hour period excludes holidays, Saturdays, and Sundays. (3) A written report of the inspection, which plainly and clearly states any corrections or changes required, shall be made by the inspector. A copy of the report shall be furnished 19.28.470 (2008 Ed.) 19.28.480 to the person or entity doing the installation work, and a copy shall be filed by the department. (4) Whenever the installation of any telecommunications cabling and associated hardware is not in accordance with this chapter, or is in such a condition as to be dangerous to life or property, the person, firm, partnership, corporation, or other entity owning, using, or operating it shall be notified by the department and shall within fifteen working days, or such further reasonable time as may upon request be granted, make such repairs and changes as are required to remove the danger to life or property and to make it conform to this chapter. The director, through the inspector, is empowered to disconnect or order the discontinuance of the telecommunications cabling or electrical service to conductors or equipment that are found to be in a dangerous or unsafe condition and not in accordance with this chapter. Upon making a disconnection, the inspector shall attach a notice stating that the conductors have been found dangerous to life or property and are not in accordance with this chapter. It is unlawful for any person to reconnect such defective conductors or equipment without the approval of the department, and until the conductors and equipment have been placed in a safe and secure condition that complies with this chapter. (5) The director, through the electrical inspector, has the right during reasonable hours to enter into and upon any building or premises in the discharge of his or her official duties related to permitting activities for the purpose of making any inspection or test of the installation of new or altered telecommunications systems contained in or on the buildings or premises. No telecommunications cabling subject to this chapter may be concealed until it has been approved by the inspector making the inspection. At the time of the inspection, wiring or equipment subject to this chapter must be sufficiently accessible to permit the inspector to verify installation conformance with the adopted codes and any other requirements of this chapter. [2000 c 238 § 211.] Severability—2000 c 238: See note following RCW 19.28.301. 19.28.480 Unlawful acts—Interpretation of chapter. (1) It is unlawful for any person, firm, partnership, corporation, or other entity to install or maintain any telecommunications cabling and associated hardware in violation of this chapter. When the interpretation and application of the installation or maintenance standards provided for in this chapter are in dispute or in doubt, the board shall, upon application of any interested person, firm, partnership, corporation, or other entity, determine the methods of installation or maintenance of the cabling materials and hardware to be used in the case submitted for its decision. (2) Any person, firm, partnership, corporation, or other entity desiring a decision of the board under this section shall, in writing, notify the director of such desire and shall accompany the notice with a certified check payable to the department in the sum of two hundred dollars. The notice shall specify the ruling or interpretation desired and the contention of the person, firm, partnership, corporation, or other entity as to the proper interpretation or application on the question on which a decision is desired. If the board determines that the contention of the applicant for a decision was proper, the two hundred dollars shall be returned to the applicant; other19.28.480 [Title 19 RCW—page 61] 19.28.490 Title 19 RCW: Business Regulations—Miscellaneous wise it shall be used in paying the expenses and per diem of the members of the board in connection with the matter. Any portion of the two hundred dollars not used in paying the per diem and expenses of the board in the case shall be paid into the electrical license fund. [2000 c 238 § 212.] Severability—2000 c 238: See note following RCW 19.28.301. 19.28.490 Violation of chapter—Penalty—Appeal. Any person, firm, partnership, corporation, or other entity violating any of the provisions of this chapter may be assessed a penalty of not less than one hundred dollars or more than ten thousand dollars per violation. The department, after consulting with the board and receiving the board’s recommendations, shall set by rule a schedule of penalties for violating this chapter. The department shall notify the person, firm, partnership, corporation, or other entity violating any of these provisions of the amount of the penalty and of the specific violation. The notice shall be sent by certified mail, return receipt requested, to the last known address of the assessed party. Penalties are subject to review by an appeal to the board. The filing of an appeal stays the effect of the penalty until the board makes its decision. The appeal shall be filed within twenty days after notice of the penalty is given to the assessed party, and shall be made by filing a written notice of appeal with the department. The notice shall be accompanied by a certified check for two hundred dollars, that shall be returned to the assessed party if the decision of the department is not sustained by the board. If the board sustains the decision of the department, the two hundred dollars shall be applied by the department to the payment of the per diem and expenses of the members of the board incurred in the matter, and any balance remaining after payment of per diem and expenses shall be paid into the electrical license fund. The hearing and review procedures shall be conducted in accordance with chapter 34.05 RCW. The board shall assign its hearings to an administrative law judge to conduct the hearing and issue a proposed decision and order. The board shall be allowed a minimum of twenty days to review a proposed decision and shall issue its decision no later than the next regularly scheduled board meeting. [2000 c 238 § 213.] 19.28.490 Severability—2000 c 238: See note following RCW 19.28.301. 19.28.501 Insurance/financial responsibility. (1) At the time of licensing and subsequent relicensing, the applicant shall furnish insurance or financial responsibility in the form of an assigned account in the amount of twenty thousand dollars for injury or damages to property, fifty thousand dollars for injury or damage including death to any one person, and one hundred thousand dollars for injury or damage including death to more than one person, or financial responsibility to satisfy these amounts. (2) Failure to maintain insurance or financial responsibility relative to the contractor’s activities is cause to suspend or deny the contractor’s license. (3)(a) Proof of financial responsibility authorized in this section may be given by providing, in the amount required by subsection (1) of this section, an assigned account acceptable to the department. The assigned account shall be held by the department to satisfy any execution on a judgment issued against the contractor for damage to property or injury or 19.28.501 [Title 19 RCW—page 62] death to any person occurring in the contractor’s contracting operation, according to the provisions of the assigned account agreement. The department shall have no liability for payment in excess of the amount of the assigned account. (b) The assigned account filed with the director as proof of financial responsibility shall be canceled three years after: (i) The contractor’s license has expired or been revoked; (ii) The contractor has furnished proof of insurance as required by subsection (1) of this section; or (iii) No legal action has been instituted against the contractor or on the account at the end of the three-year period. (c) If a contractor chooses to file an assigned account as authorized in this section, the contractor shall, on a contracting project, notify each person with whom the contractor enters into a contract or to whom the contractor submits a bid, that the contractor has filed an assigned account in lieu of insurance and that recovery from the account for any claim against the contractor for property damage or personal injury or death occurring on the project requires the claimant to obtain a court judgment. [2000 c 238 § 214.] Severability—2000 c 238: See note following RCW 19.28.301. 19.28.511 Individual certification not required. Individual worker certification is not required for work under this subchapter. This subchapter does not preclude any person performing telecommunications work from obtaining a limited energy credit towards an electrical certificate of competency if they otherwise meet the certification requirements under this chapter that are applicable to electrical installations. [2000 c 238 § 215.] 19.28.511 Severability—2000 c 238: See note following RCW 19.28.301. 19.28.521 Limitation of action—Proof of valid license required. No person, firm, or corporation engaging in or conducting or carrying on the business of telecommunications installation shall be entitled to commence or maintain any suit or action in any court of this state pertaining to any such work or business, without alleging and proving that such person, firm or corporation held, at the time of commencing and performing such work, an unexpired, unrevoked, and unsuspended license issued under this subchapter; and no city or town requiring by ordinance or regulation a permit for inspection or installation of such telecommunications installation work, shall issue such permit to any person, firm or corporation not holding such license. [2000 c 238 § 216.] 19.28.521 Severability—2000 c 238: See note following RCW 19.28.301. 19.28.531 Unlawful installation/maintenance—Disputed interpretation—Board to determine methods. It is unlawful for any person, firm, partnership, corporation, or other entity to install or maintain telecommunications equipment not in accordance with this subchapter. In cases where the interpretation and application of the installation or maintenance standards under this subchapter are in dispute or in doubt, the board shall, upon application of any interested person, firm, partnership, corporation, or other entity, determine the methods of installation or maintenance or the materials, devices, appliances, or equipment to be used in the particular case submitted for its decision. [2000 c 238 § 217.] 19.28.531 Severability—2000 c 238: See note following RCW 19.28.301. (2008 Ed.) Electrical Construction 19.28.541 Entity desiring board decision—Process. Any person, firm, partnership, corporation, or other entity desiring a decision of the board pursuant to RCW 19.28.531 shall, in writing, notify the director of such desire and shall accompany the notice with a certified check payable to the department in the sum of two hundred dollars. The notice shall specify the ruling or interpretation desired and the contention of the person, firm, partnership, corporation, or other entity as to the proper interpretation or application on the question on which a decision is desired. If the board determines that the contention of the applicant for a decision was proper, the two hundred dollars shall be returned to the applicant; otherwise it shall be used in paying the expenses and per diem of the members of the board in connection with the matter. Any portion of the two hundred dollars not used in paying the per diem and expenses of the board in the case shall be paid into the electrical license fund. [2000 c 238 § 218.] 19.28.541 Severability—2000 c 238: See note following RCW 19.28.301. 19.28.551 Director’s authority—Adoption of rules. (1) The director may adopt rules, make specific decisions, orders, and rulings, including demands and findings, and take other necessary action for the implementation and enforcement of this subchapter after consultation with the board and receiving the board’s recommendations. In the administration of this subchapter the department shall not enter any controversy arising over work assignments with respect to the trades involved in the construction industry. (2) Compliance with the rules adopted under subsection (1) of this section is prima facie evidence of compliance with the subchapter. Copies of all rules shall be maintained by the department and made available upon request. [2000 c 238 § 219.] 19.28.551 Severability—2000 c 238: See note following RCW 19.28.301. 19.28.900 Severability—1935 c 169. If any section or part of this chapter shall be held and adjudged to be void or unconstitutional such adjudication shall not affect any other section or part of this chapter not adjudged to be void or unconstitutional. [1935 c 169 § 17.] 19.28.900 19.28.910 Effective date—1963 c 207. This act shall take effect on July 1, 1963. [1963 c 207 § 6.] 19.28.910 19.28.911 Severability—1983 c 206. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1983 c 206 § 24.] 19.28.911 Chapter 19.29 Chapter 19.29 RCW ELECTRICAL CONSTRUCTION Sections 19.29.010 19.29.020 19.29.030 19.29.040 19.29.050 19.29.060 (2008 Ed.) Rules for use of electrical apparatus or construction. Copy of chapter to be posted. Time for compliance. Enforcement by director of labor and industries—Change of rules—Violation. Violation of rules by public service company or political subdivision—Penalty. Violation of rules by agent, employee or officer—Penalty. 19.29.010 Electricians, licensing, etc.: Chapter 19.28 RCW. 19.29.010 19.29.010 Rules for use of electrical apparatus or construction. It shall be unlawful from and after the passage of this chapter for any officer, agent, or employee of the state of Washington, or of any county, city or other political subdivision thereof, or for any other person, firm or corporation, or its officers, agents or employees, to run, place, erect, maintain, or use any electrical apparatus or construction, except as provided in the rules of this chapter. Rule 1. No wire or cable, except the neutral, carrying a current of less than seven hundred fifty volts of electricity within the corporate limits of any city or town shall be run, placed, erected, maintained or used on any insulator the center of which is less than thirteen inches from the center line of any pole. And no such wire, except the neutral, shall be run past any pole to which it is not attached at a distance of less than thirteen inches from the center line thereof. This rule shall not apply to any wire or cable where the same is run from under ground and placed vertically on the pole; nor to any wire or cable where the same is attached to the top of the pole; nor to a pole top fixture as between it and the same pole; nor to any wire or cable between the points where the same is made to leave any pole or fixture thereon for the purpose of entering any building or other structure and the point of attachment to such building or structure; nor to any jumper wire or cable carrying a current or connected with a transformer or other appliance on the same pole; nor to bridle or jumper wires on any pole which are attached to or connected with signal wires on the same pole; nor to any aerial cable as between such cable and any pole upon which it originates or terminates; nor to exclusive telephone or telegraph toll lines; nor to aerial cables containing telephone, telegraph, or signal wires, or wires continuing from same, where the cable is attached to poles on which no wires or cables other than the wires continuing from said cable are maintained, provided, that electric light or power wires or cables are in no case maintained on the same side of the street or highway on which said aerial cable is placed. Rule 2. No wire or cable used to carry a current of over seven hundred fifty volts of electricity within the incorporate limits of any city or town shall be run, placed, erected, maintained or used on any insulator the center of which is nearer than twenty-four inches to the center line of any pole. And no such wire or cable shall be run past any pole to which it is not attached at a distance of less than twenty-four inches from the center line thereof: PROVIDED, That this shall not apply to any wire or cable where the same is run from under ground and placed vertically on the pole; nor to any wire or cable where the same is attached to the top of the pole; nor to a pole top fixture, as between it and the same pole; nor to any wire or cable between the points where the same is made to leave any pole or fixture thereon for the purpose of entering any building or other structure, and the point of attachment to said building or structure; nor to any jumper wire or cable carrying a current or connected with transformers or other appliances on the same pole: PROVIDED FURTHER, That where said wire or cable is run vertically, it shall be rigidly supported and where possible run on the ends of the crossarms. [Title 19 RCW—page 63] 19.29.010 Title 19 RCW: Business Regulations—Miscellaneous Rule 3. No wire or cable carrying a current of more than seven hundred fifty volts, and less than seventy-five hundred volts of electricity, shall be run, placed, erected, maintained or used within three feet of any wire or cable carrying a current of seven hundred fifty volts or less of electricity; and no wire or cable carrying a current of more than seventy-five hundred volts of electricity shall be run, placed, erected, maintained, or used within seven feet of any wire or cable carrying less than seventy-five hundred volts: PROVIDED, That the foregoing provisions of this paragraph shall not apply to any wire or cable within buildings or other structures; nor where the same are run from under ground and placed vertically upon the pole; nor to any service wire or cable where the same is made to leave any pole or fixture thereon for the purpose of entering any building or other structure, and the point of attachment to said building or structure; nor to any jumper wire or cable carrying a current or connected with a transformer or other appliance on the same pole: PROVIDED, That where run vertically, wires or cables shall be rigidly supported, and where possible run on the ends of the cross-arms: PROVIDED FURTHER, That as between any two wires or cables mentioned in Rules 1, 2 and 3 of this section, only the wires or cables last in point of time so run, placed, erected or maintained, shall be held to be in violation of the provisions thereof. Rule 4. No wire or cable used for telephone, telegraph, district messenger, or call bell circuit, fire or burglar alarm, or any other similar system, shall be run, placed, erected, maintained or used on any pole at a distance of less than three feet from any wire or cable carrying a current of over three hundred volts of electricity; and in all cases (except those mentioned in exceptions to Rules 1, 2 and 3) where such wires or cables are run, above or below, or cross over or under electric light or power wires, or a trolley wire, a suitable method of construction, or insulation or protection to prevent contact shall be maintained as between such wire or cable and such electric light, power or trolley wire; and said methods of construction, insulation or protection shall be installed by, or at the expense of the person owning the wire last placed in point of time: PROVIDED, That telephone, telegraph or signal wires or cables operated for private use and not furnishing service to the public, may be placed less than three feet from any line carrying a voltage of less than seven hundred and fifty volts. Rule 5. Transformers, either single or in bank, that exceed a total capacity of over ten K.W. shall be supported by a double cross-arm, or some fixture equally as strong. No transformer shall be placed, erected, maintained or used on any cross-arm or other appliance on a pole upon which is placed a series electric arc lamp or arc light: PROVIDED, This shall not apply to a span wire supporting a lamp only. All aerial and underground transformers used for low potential distribution shall be subjected to an insulation test in accordance with the standardized rules of the American Institute of Electrical Engineers. In addition to this each transformer shall be tested at rated line voltage prior to each installation and shall have attached to it a tag showing the date on which the test was made, and the name of the person making the test. Rule 6. No wire or cable, other than ground wires, used to conduct or carry electricity, shall be placed, run, erected, [Title 19 RCW—page 64] maintained or used vertically on any pole without causing such wire or cable to be at all times sufficiently insulated the full length thereof to insure the protection of anyone coming in contact with said wire or cable. Rule 7. The neutral point or wire of all transformer secondaries strung or erected for use in low potential distributing systems shall be grounded in all cases where the normal maximum difference of potential between the ground and any point in the secondary circuit will not exceed one hundred and fifty volts. When no neutral point or wire is accessible one side of the secondary circuit shall be grounded in the case of single phase transformers, and any one common point in the case of interconnected polyphase bank or banks of transformers. Where the maximum difference of potential between the ground and any point in the secondary circuit will, when grounded, exceed one hundred fifty volts, grounding shall be permitted. Such grounding shall be done in the manner provided in Rule 30. Rule 8. In all cases where a wire or cable larger than No. 14 B.W.G. originates or terminates on insulators attached to any pin or other appliance, said wire or cable shall be attached to at least two insulators: PROVIDED HOWEVER, That this section shall not apply to service wires to buildings; nor to wires run vertically on a pole; nor to wires originating or terminating on strain insulators or circuit breakers; nor to telephone, telegraph or signal wires outside the limits of any incorporated city or town. Rule 9. Fixtures placed or erected for the support of wires on the roofs of buildings shall be of sufficient strength to withstand all strains to which they may be subjected, due to the breaking of all wires on one side thereof, and except where insulated wires or cables are held close to fire walls by straps or rings, shall be of such height and so placed that all of the wires supported by such fixtures shall be at least seven feet above any point of roofs less than one-quarter pitch over which they pass or may be attached, and no roof fixtures or wire shall be so placed that they will interfere with the free passage of persons upon, over, to or from the roofs. Rule 10. No guy wire or cable shall be placed, run, erected, maintained or used within the incorporate limits of any city or town on any pole or appliance to which is attached any wire or cable used to conduct electricity without causing said guy wire or cable to be efficiently insulated with circuit breakers at all times at a distance of not less than eight feet nor more than ten feet measured along the line of said guy wire or cable from each end thereof: PROVIDED, No circuit breaker shall be required at the lower end of the guy wire or cable where the same is attached to a ground anchor, nor shall any circuit breaker be required where said guy wire or cable runs direct from a grounded messenger wire to a grounded anchor rod. Rule 11. In all span wires used for the purpose of supporting trolley wires or series arc lamps there shall be at least two circuit breakers, one of which shall at all times be maintained no less than four feet nor more than six feet distant from the trolley wire or series arc lamp, and in cases where the same is supported by a building or metallic pole, the other circuit breaker shall be maintained at the building or at the pole: PROVIDED, That in span wires which support two or more trolley wires no circuit breaker shall be required in the span wire between any two of the trolley wires: PROVIDED (2008 Ed.) Electrical Construction FURTHER, That in span wires supporting trolley wires attached to wooden poles only the circuit breaker adjacent to the trolley wire shall be required. Rule 12. At all points where in case of a breakdown of trolley span wires, the trolley wire would be liable to drop within seven feet of the ground, there shall be double span wires and hangers placed at such points. Rule 13. All energized wires or appliances installed inside of any building or vault, for the distribution of electrical energy, shall be sufficiently insulated, or so guarded, located, or arranged as to protect any person from injury. Rule 14. The secondary circuit of current transformers, the casings of all potential regulators and arc light transformers, all metal frames of all switch boards, metal oil tanks used on oil switches except where the tank is part of the conducting system, all motor and generator frames, the entire frame of the crane and the tracks of all traveling cranes and hoisting devices, shall be thoroughly grounded, as provided in Rule 30. Rule 15. All generators and motors having a potential of more than three hundred volts shall be provided with a suitable insulated platform or mat so arranged as to permit the attendant to stand upon such platform or mat when working upon the live parts of such generators or motors. Rule 16. Suitable insulated platforms or mats shall be provided for the use of all persons while working on any live part of switchboards on which any wire or appliance carries a potential in excess of three hundred volts. Rule 17. Every generator, motor, transformer, switch or other similar piece of apparatus and device used in the generation, transmission or distribution of electrical energy in stations or substations, shall be either provided with a name plate giving the capacity in volts and amperes, or have this information stamped thereon in such a manner as to be clearly legible. Rule 18. When lines of seven hundred fifty volts or over are cut out at the station or substation to allow employees to work upon them, they shall be short-circuited and grounded at the station, and shall in addition, if the line wires are bare, be short-circuited, and where possible grounded at the place where the work is being done. Rule 19. All switches installed with overload protection devices, and all automatic overload circuit breakers must have the trip coils so adjusted as to afford complete protection against overloads and short circuits, and the same must be so arranged that no pole can be opened manually without opening all the poles, and the trip coils shall be instantly operative upon closing. Rule 20. All feeders for electric railways must, before leaving the plant or substation, be protected by an approved circuit breaker which will cut off the circuit in case of an accidental ground or short circuit. Rule 21. There shall be provided in all distributing stations a ground detecting device. Rule 22. There shall be provided in all stations, plants, and buildings herein specified warning cards printed on red cardboard not less than two and one-quarter by four and onehalf inches in size, which shall be attached to all switches opened for the purpose of lineworkers or other employees working on the wires. The person opening any line switch shall enter upon said card the name of the person ordering the (2008 Ed.) 19.29.010 switch opened, the time opened, the time line was reported clear and by whom, and shall sign his own name. Rule 23. No manhole containing any wire carrying a current of over three hundred volts shall be less than six feet from floor to inside of roof; if circular in shape it shall not be less than six feet in diameter; if square it shall be six feet from wall to wall: PROVIDED HOWEVER, That this paragraph shall not apply to any manhole in which it shall not be required that any person enter to perform work: PROVIDED FURTHER, That the foregoing provisions of this paragraph shall not apply where satisfactory proof shall be submitted to the proper authorities that it is impracticable or physically impossible to comply with this law within the space or location designated by the proper authorities. Rule 24. All manholes containing any wires or appliances carrying electrical current shall be kept in a sanitary condition, free from stagnant water or seepage or other drainage which is offensive or dangerous to health, either by sewer connection or otherwise, while any person is working in the same. Rule 25. No manhole shall have an opening to the outer air of less than twenty-six inches in diameter, and the cover of same shall be provided with vent hole or holes equivalent to three square inches in area. Rule 26. No manhole shall have an opening which is, at the surface of the ground, within a distance of three feet at any point from any rail of any railway or streetcar track: PROVIDED, That this shall not apply where satisfactory proof shall be submitted to the proper authorities that it is impracticable or physically impossible to comply with the provisions of this paragraph: PROVIDED, That in complying with the provisions of this rule only the construction last in point of time performed, placed or erected shall be held to be in violation thereof. Rule 27. Whenever persons are working in any manhole whose opening to the outer air is less than three feet from the rail of any railway or streetcar track, a watchperson or attendant shall be stationed on the surface at the entrance of such manhole at all times while work is being performed therein. Rule 28. All persons employed in manholes shall be furnished with insulated platforms so as to protect the workers while at work in the manholes: PROVIDED, That this paragraph shall not apply to manholes containing only telephone, telegraph or signal wires or cables. Rule 29. No work shall be permitted to be done on any live wire, cable or appliance carrying more than seven hundred fifty volts of electricity by less than two competent and experienced persons, who, at all times while performing such work shall be in the same room, chamber, manhole or other place in which, or on the same pole on which, such work is being done: PROVIDED, That in districts where only one competent and experienced person is regularly employed, and a second competent and experienced person cannot be obtained without delay at prevailing rate of pay in said district, such work shall be permitted to be done by one competent and experienced person and a helper who need not be on the same pole on which said work is being done. No work shall be permitted to be done in any manhole or subway on any live wire, cable or appliance carrying more than three hundred volts of electricity by less than two competent and experienced persons, who at all times while per[Title 19 RCW—page 65] 19.29.020 Title 19 RCW: Business Regulations—Miscellaneous forming such work shall be in the same manhole or subway in which such work is being done. Rule 30. The grounding provided for in these rules shall be done in the following manner: By connecting a wire or wires not less than No. 6 B.&S. gauge to a water pipe of a metallic system outside of the meter, if there is one, or to a copper plate one-sixteenth inch thick and not less than three feet by six feet area buried in coke below the permanent moisture level, or to other device equally as efficient. The ground wire or wires of a direct current system of three or more wires shall not be smaller than the neutral wire at the central station, and not smaller than a No. 6 B.&S. gauge elsewhere: PROVIDED, That the maximum cross section area of any ground wire or wires at the central station need not exceed one million circular mils. The ground wires shall be carried in as nearly a straight line as possible, and kinks, coils and short bends shall be avoided: PROVIDED, That the provisions of this rule shall not apply as to size to ground wires run from instrument transformers or meters. [2007 c 218 § 81; 1989 c 12 § 3; 1987 c 79 § 1; 1965 ex.s. c 65 § 1; 1913 c 130 § 1; RRS § 5435.] [1954 SLC-RO 29.] Intent—Finding—2007 c 218: See note following RCW 1.08.130. 19.29.020 19.29.020 Copy of chapter to be posted. A copy of this chapter printed in a legible manner shall be kept posted in a conspicuous place in all electric plants, stations and storerooms. [1913 c 130 § 2; RRS § 5436.] [1954 SLC-RO-29.] 19.29.030 19.29.030 Time for compliance. All wires, cables, poles, electric fixtures and appliances of every kind being used or operated at the time of the passage of this chapter, shall be changed, and made to conform to the provisions of this chapter, on or before the 1st day of July, 1940: PROVIDED HOWEVER, That the director of labor and industries of Washington shall have power, upon reasonable notice, to order and require the erection of all guards, protective devices, and methods of protection which in the judgment of the director are necessary and should be constructed previous to the expiration of the time fixed in this section: PROVIDED FURTHER, That nothing in this chapter shall apply to manholes already constructed, except the provisions for guards, sanitary conditions, drainage and safety appliances specified in rules 20, 24, 26, 29, 30, 31 and 32. [1937 c 105 § 1; 1931 c 24 § 1; 1921 c 20 § 1; 1917 c 41 § 1; 1913 c 130 § 3; RRS § 5437.] [1954 SLC-RO-29.] 19.29.040 19.29.040 Enforcement by director of labor and industries—Change of rules—Violation. It shall be the duty of the director of labor and industries of Washington to enforce all the provisions and rules of this chapter and the director is hereby empowered upon hearing to amend, alter and change any and all rules herein contained, or any part thereof, and to supplement the same by additional rules and requirements, after first giving reasonable public notice and a reasonable opportunity to be heard to all affected thereby: PROVIDED, That no rule amending, altering or changing any rule supplementary to the rules herein contained shall provide a less measure of safety than that provided by the rule amended, altered or changed. [Title 19 RCW—page 66] A violation of any rule herein contained or of any rule or requirement made by the director of labor and industries which it is hereby permitted to make shall be deemed a violation of this chapter. [1983 c 4 § 2; 1913 c 130 § 4; RRS § 5438.] [1954 SLC-RO-29.] 19.29.050 19.29.050 Violation of rules by public service company or political subdivision—Penalty. Every public service company, county, city, or other political subdivision of the state of Washington, and all officers, agents and employees of any public service company, county, city, or other political subdivision of the state of Washington, shall obey, observe and comply with every order, rule, direction or requirement made by the commission [director of labor and industries] under authority of this chapter, so long as the same shall be and remain in force. Any public service company, county, city, or other political subdivision of the state of Washington, which shall violate or fail to comply with any provision of this chapter, or which fails, omits or neglects to obey, observe or comply with any order, rule, or any direction, demand or requirement of the commission [director of labor and industries], pursuant to this chapter, shall be subject to a penalty of not to exceed the sum of one thousand dollars for each and every offense. Every violation of any such order, direction or requirement of this chapter shall be a separate and distinct offense, and in case of a continued violation every day’s continuance thereof shall be and be deemed to be a separate and distinct offense. [1913 c 130 § 5; RRS § 5439.] [1954 SLC-RO-29.] Reviser’s note: (1) Duties of the public service commission devolved on director of labor and industries. 1921 c 7 § 80(5) relating to powers and duties of the director of labor and industries reads: "(5) To exercise all the powers and perform all the duties in relation to the enforcement, amendment, alteration, change, and making additions to rules and regulations concerning the operation, placing, erection, maintenance, and use of electrical apparatus, and the construction thereof, now vested in, and required to be performed by, the public service commission;". See also RCW 43.22.050(3). (2) Name of "public service commission" changed to "utilities and transportation commission" by 1961 c 290 § 1. 19.29.060 19.29.060 Violation of rules by agent, employee or officer—Penalty. Every officer, agent or employee of any public service company, the state of Washington, or any county, city, or other political subdivision of the state of Washington, who shall violate or fail to comply with, or who procures, aids or abets any violation by any public service company, the state of Washington, or any county, city or other political subdivision of the state of Washington, of any provision of this chapter, or who shall fail to obey, observe or comply with any order of the commission [director of labor and industries], pursuant to this chapter, or any provision of any order of the commission [director of labor and industries], or who procures, aids or abets any such public service company, the state of Washington, or any county, city, or other political subdivision of the state of Washington, in its failure to obey, observe and comply with any such order or provision, shall be guilty of a gross misdemeanor. [1913 c 130 § 6; RRS § 5440.] [1954 SLC-RO-29.] Reviser’s note: See note following RCW 19.29.050. (2008 Ed.) Consumers of Electricity Chapter 19.29A Chapter 19.29A RCW CONSUMERS OF ELECTRICITY Sections 19.29A.005 19.29A.010 19.29A.020 19.29A.030 19.29A.040 19.29A.050 19.29A.060 19.29A.070 19.29A.080 19.29A.090 19.29A.900 19.29A.901 Findings—Intent. Definitions. Disclosures to retail electric customers. Notice of disclosures to retail electric customers. Exceptions for small utility—Voluntary compliance. Annual fuel mix information—Disclosure label—Requirements. Fuel mix disclosure—Electricity product categories—Disclosure format. Actions required of department—Convene work group— Report to legislature. Electricity information coordinator—Selection—Regional entity serving as coordinator, requirements—Retail supplier’s information. Voluntary option to purchase qualified alternative energy resources—Rates, terms, and conditions—Reports. Construction—1998 c 300. Severability—1998 c 300. 19.29A.005 Findings—Intent. (1) The legislature finds that: (a) Electricity is a basic and fundamental need of all residents; and (b) Currently Washington’s consumer-owned and investor-owned utilities offer consumers a high degree of reliability and service quality while providing some of the lowest rates in the country. (2) The legislature intends to: (a) Preserve the benefits of consumer and environmental protection, system reliability, high service quality, and lowcost rates; (b) Ensure that all retail electrical customers have the same level of rights and protections; and (c) Require the adequate disclosure of the rights afforded to retail electric customers. [1998 c 300 § 1.] 19.29A.005 19.29A.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Biomass generation" means electricity derived from burning solid organic fuels from wood, forest, or field residue, or dedicated energy crops that do not include wood pieces that have been treated with chemical preservatives such as creosote, pentachlorophenol, or copper-chromaarsenic. (2) "Bonneville power administration system mix" means a generation mix sold by the Bonneville power administration that is net of any resource specific sales and that is net of any electricity sold to direct service industrial customers, as defined in section 3(8) of the Pacific Northwest electric power planning and conservation act (16 U.S.C. Sec. 839(a)(8)). (3) "Coal generation" means the electricity produced by a generating facility that burns coal as the primary fuel source. (4) "Commission" means the utilities and transportation commission. (5) "Conservation" means an increase in efficiency in the use of energy use that yields a decrease in energy consumption while providing the same or higher levels of service. Conservation includes low-income weatherization programs. 19.29A.010 (2008 Ed.) 19.29A.010 (6) "Consumer-owned utility" means a municipal electric utility formed under Title 35 RCW, a public utility district formed under Title 54 RCW, an irrigation district formed under chapter 87.03 RCW, a cooperative formed under chapter 23.86 RCW, or a mutual corporation or association formed under chapter 24.06 RCW, that is engaged in the business of distributing electricity to more than one retail electric customer in the state. (7) "Declared resource" means an electricity source specifically identified by a retail supplier to serve retail electric customers. A declared resource includes a stated quantity of electricity tied directly to a specified generation facility or set of facilities either through ownership or contract purchase, or a contractual right to a stated quantity of electricity from a specified generation facility or set of facilities. (8) "Department" means the department of community, trade, and economic development. (9) "Electricity information coordinator" means the organization selected by the department under RCW 19.29A.080 to: (a) Compile generation data in the Northwest power pool by generating project and by resource category; (b) compare the quantity of electricity from declared resources reported by retail suppliers with available generation from such resources; (c) calculate the net system power mix; and (d) coordinate with other comparable organizations in the western interconnection. (10) "Electric meters in service" means those meters that record in at least nine of twelve calendar months in any calendar year not less than two hundred fifty kilowatt hours per month. (11) "Electricity product" means the electrical energy produced by a generating facility or facilities that a retail supplier sells or offers to sell to retail electric customers in the state of Washington, provided that nothing in this title shall be construed to mean that electricity is a good or product for the purposes of Title 62A RCW, or any other purpose. It does not include electrical energy generated on-site at a retail electric customer’s premises. (12) "Electric utility" means a consumer-owned or investor-owned utility as defined in this section. (13) "Electricity" means electric energy measured in kilowatt hours, or electric capacity measured in kilowatts, or both. (14) "Fuel mix" means the actual or imputed sources of electricity sold to retail electric customers, expressed in terms of percentage contribution by resource category. The total fuel mix included in each disclosure shall total one hundred percent. (15) "Geothermal generation" means electricity derived from thermal energy naturally produced within the earth. (16) "Governing body" means the council of a city or town, the commissioners of an irrigation district, municipal electric utility, or public utility district, or the board of directors of an electric cooperative or mutual association that has the authority to set and approve rates. (17) "High efficiency cogeneration" means electricity produced by equipment, such as heat or steam used for industrial, commercial, heating, or cooling purposes, that meets the federal energy regulatory commission standards for qualifying facilities under the public utility regulatory policies act of 1978. [Title 19 RCW—page 67] 19.29A.020 Title 19 RCW: Business Regulations—Miscellaneous (18) "Hydroelectric generation" means a power source created when water flows from a higher elevation to a lower elevation and the flow is converted to electricity in one or more generators at a single facility. (19) "Investor-owned utility" means a company owned by investors that meets the definition of RCW 80.04.010 and is engaged in distributing electricity to more than one retail electric customer in the state. (20) "Landfill gas generation" means electricity produced by a generating facility that uses waste gases produced by the decomposition of organic materials in landfills. (21) "Natural gas generation" means electricity produced by a generating facility that burns natural gas as the primary fuel source. (22) "Northwest power pool" means the generating resources included in the United States portion of the Northwest power pool area as defined by the western systems coordinating council. (23) "Net system power mix" means the fuel mix in the Northwest power pool, net of: (a) Any declared resources in the Northwest power pool identified by in-state retail suppliers or out-of-state entities that offer electricity for sale to retail electric customers; (b) any electricity sold by the Bonneville power administration to direct service industrial customers; and (c) any resource specific sales made by the Bonneville power administration. (24) "Oil generation" means electricity produced by a generating facility that burns oil as the primary fuel source. (25) "Proprietary customer information" means: (a) Information that relates to the source and amount of electricity used by a retail electric customer, a retail electric customer’s payment history, and household data that is made available by the customer solely by virtue of the utility-customer relationship; and (b) information contained in a retail electric customer’s bill. (26) "Renewable resources" means electricity generation facilities fueled by: (a) Water; (b) wind; (c) solar energy; (d) geothermal energy; (e) landfill gas; or (f) biomass energy based on solid organic fuels from wood, forest, or field residues, or dedicated energy crops that do not include wood pieces that have been treated with chemical preservatives such as creosote, pentachlorophenol, or copper-chromearsenic. (27) "Resale" means the purchase and subsequent sale of electricity for profit, but does not include the purchase and the subsequent sale of electricity at the same rate at which the electricity was purchased. (28) "Retail electric customer" means a person or entity that purchases electricity for ultimate consumption and not for resale. (29) "Retail supplier" means an electric utility that offers an electricity product for sale to retail electric customers in the state. (30) "Small utility" means any consumer-owned utility with twenty-five thousand or fewer electric meters in service, or that has an average of seven or fewer customers per mile of distribution line. (31) "Solar generation" means electricity derived from radiation from the sun that is directly or indirectly converted to electrical energy. (32) "State" means the state of Washington. [Title 19 RCW—page 68] (33) "Waste incineration generation" means electricity derived from burning solid or liquid wastes from businesses, households, municipalities, or waste treatment operations. (34) "Wind generation" means electricity created by movement of air that is converted to electrical energy. [2000 c 213 § 2; 1998 c 300 § 2.] 19.29A.020 Disclosures to retail electric customers. Except as otherwise provided in RCW 19.29A.040, each electric utility must provide its retail electric customers with the following disclosures in accordance with RCW 19.29A.030: (1) An explanation of any applicable credit and deposit requirements, including the means by which credit may be established, the conditions under which a deposit may be required, the amount of any deposit, interest paid on the deposit, and the circumstances under which the deposit will be returned or forfeited. (2) A complete, itemized listing of all rates and charges for which the customer is responsible, including charges, if any, to terminate service, the identity of the entity responsible for setting rates, and an explanation of how to receive notice of public hearings where changes in rates will be considered or approved. (3) An explanation of the metering or measurement policies and procedures, including the process for verifying the reliability of the meters or measurements and adjusting bills upon discovery of errors in the meters or measurements. (4) An explanation of bill payment policies and procedures, including due dates, applicable late fees, and the interest rate charged, if any, on unpaid balances. (5) An explanation of the payment arrangement options available to customers, including budget payment plans and the availability of home heating assistance from government and private sector organizations. (6) An explanation of the method by which customers must give notice of their intent to discontinue service, the circumstances under which service may be discontinued by the utility, the conditions that must be met by the utility prior to discontinuing service, and how to avoid disconnection. (7) An explanation of the utility’s policies governing the confidentiality of proprietary customer information, including the circumstances under which the information may be disclosed and ways in which customers can control access to the information. (8) An explanation of the methods by which customers may make inquiries to and file complaints with the utility, and the utility’s procedures for responding to and resolving complaints and disputes, including a customer’s right to complain about an investor-owned utility to the commission and appeal a decision by a consumer-owned utility to the governing body of the consumer-owned utility. (9) An annual report containing the following information for the previous calendar year: (a) A general description of the electric utility’s customers, including the number of residential, commercial, and industrial customers served by the electric utility, and the amount of electricity consumed by each customer class in which there are at least three customers, stated as a percentage of the total utility load; 19.29A.020 (2008 Ed.) Consumers of Electricity (b) A summary of the average electricity rates for each customer class in which there are at least three customers, stated in cents per kilowatt hour, the date of the electric utility’s last general rate increase or decrease, the identity of the entity responsible for setting rates, and an explanation of how to receive notice of public hearings where changes in rates will be considered or approved; (c) An explanation of the amount invested by the electric utility in conservation, nonhydrorenewable resources, and low-income energy assistance programs, and the source of funding for the investments; and (d) An explanation of the amount of federal, state, and local taxes collected and paid by the electric utility, including the amounts collected by the electric utility but paid directly by retail electric customers. [1998 c 300 § 3.] 19.29A.030 19.29A.030 Notice of disclosures to retail electric customers. Except as otherwise provided in RCW 19.29A.040, an electric utility shall: (1) Provide notice to all of its retail electric customers that the disclosures required in RCW 19.29A.020 are available without charge upon request. Such notice shall be provided at the time service is established and either included as a prominent part of each customer’s bill or in a written notice mailed to each customer at least once a year thereafter. Required disclosures shall be provided without charge, in writing using plain language that is understandable to an ordinary customer, and presented in a form that is clear and conspicuous. (2) Disclose the following information in a prominent manner on all billing statements sent to retail electric customers, or by a separate written notice mailed to all retail electric customers at least quarterly and at the same time as a billing statement: "YOUR BILL INCLUDES CHARGES FOR ELECTRICITY, DELIVERY SERVICES, GENERAL ADMINISTRATION AND OVERHEAD, METERING, TAXES, CONSERVATION EXPENSES, AND OTHER ITEMS." [1998 c 300 § 4.] 19.29A.040 19.29A.040 Exceptions for small utility—Voluntary compliance. The provisions of RCW 19.29A.020, 19.29A.030, section 5, chapter 300, Laws of 1998, and RCW 19.29A.090 do not apply to a small utility. However, nothing in this section prohibits the governing body of a small utility from determining the utility should comply with any or all of the provisions of RCW 19.29A.020, 19.29A.030, section 5, chapter 300, Laws of 1998, and RCW 19.29A.090, which governing bodies are encouraged to do. [2001 c 214 § 29; 1998 c 300 § 6.] 19.29A.060 (2) Disclosures required under subsection (1) of this section shall be provided through a disclosure label presented in a standardized format as required in RCW 19.29A.060(7). (3) Except as provided in subsection (5) of this section, each retail supplier shall provide the disclosure label: (a) To each of its new retail electric customers at the time service is established; (b) To all of its existing retail electric customers, as a bill insert or other mailed publication, not less than semiannually; and (c) As part of any marketing material, in paper, written, or other media format, that is used primarily to promote the sale of any specific electricity product being advertised, contracted for, or offered for sale to current or prospective retail electric customers. (4) In addition to the disclosure requirements under subsection (3) of this section, each retail supplier shall provide to each electric customer it serves, at least two additional times per year, a publication that contains either: (a) The disclosure label; (b) A customer service phone number to request a disclosure label; or (c) A reference to an electronic form of the disclosure label. (5) Small utilities and mutual light and power companies shall provide the disclosure label not less than annually through a publication that is distributed to all their retail electric customers, and have disclosure label information available in their main business office. If a small utility or mutual company engages in marketing a specific electric product new to that utility it shall provide the disclosure label described in subsection (3)(c) of this section. [2000 c 213 § 3.] Finding—Intent—2000 c 213: "(1) Consumer disclosure ensures that retail electric consumers purchasing electric energy receive basic information about the characteristics associated with their electric product in a form that facilitates consumer understanding of retail electric energy service and the development of new products responsive to consumer preferences. (2) The legislature finds and declares that there is a need for reliable, accurate, and timely information regarding fuel source, that is consistently collected, for all electricity products offered for retail sale in Washington. (3) The desirability and feasibility of such disclosure has been clearly established in nutrition labeling, uniform food pricing, truth-in-lending, and other consumer information programs. (4) The legislature intends to establish a consumer disclosure standard under which retail suppliers in Washington disclose information on the fuel mix of the electricity products they sell. Fundamental to disclosure is a label that promotes consistency in content and format, that is accurate, reliable, and simple to understand, and that allows verification of the accuracy of information reported. (5) To ensure that consumer information is verifiable and accurate, certain characteristics of electricity generation must be tracked and compared with information provided to consumers." [2000 c 213 § 1.] 19.29A.060 Fuel mix disclosure—Electricity product categories—Disclosure format. (1) Each retail supplier shall disclose the fuel mix of each electricity product it offers to retail electric customers as follows: (a) For an electricity product comprised entirely of declared resources, a retail supplier shall disclose the fuel mix for the electricity product based on the quantity of electric generation from those declared resources for the previous calendar year and any adjustment, if taken, available under subsection (6) of this section. 19.29A.060 Severability—Effective date—2001 c 214: See notes following RCW 80.50.010. Findings—2001 c 214: See note following RCW 39.35.010. 19.29A.050 19.29A.050 Annual fuel mix information—Disclosure label—Requirements. (1) Beginning in 2001, each retail supplier shall provide to its existing and new retail electric customers its annual fuel mix information by generation category as required in RCW 19.29A.060. (2008 Ed.) [Title 19 RCW—page 69] 19.29A.070 Title 19 RCW: Business Regulations—Miscellaneous (b) For an electricity product comprised of no declared resources, a retail supplier shall report the fuel mix for the electricity product as the fuel mix of net system power for the previous calendar year, as determined by the electricity information coordinator under RCW 19.29A.080. (c) For an electricity product comprised of a combination of declared resources and the net system power, a retail supplier shall disclose the fuel mix for the electricity product as a weighted average of the megawatt-hours from declared resources and the megawatt-hours from the net system power mix for the previous calendar year according to the proportion of declared resources and net system power contained in the electricity product. (2) The disclosures required by this section shall identify the percentage of the total electricity product sold by a retail supplier during the previous calendar year from each of the following categories: (a) Coal generation; (b) Hydroelectric generation; (c) Natural gas generation; (d) Nuclear generation; and (e) Other generation, except that when a component of the other generation category meets or exceeds two percent of the total electricity product sold by a retail supplier during the previous calendar year, the retail supplier shall identify the component or components and display the fuel mix percentages for these component sources, which may include, but are not limited to: (i) Biomass generation; (ii) geothermal generation; (iii) landfill gas generation; (iv) oil generation; (v) solar generation; (vi) waste incineration; or (vii) wind generation. A retail supplier may voluntarily identify any component or components within the other generation category that comprises two percent or less of annual sales. (3) Retail suppliers may separately report a subcategory of natural gas generation to identify high efficiency cogeneration. (4) Except as provided in subsection (3) of this section, a retail supplier cannot include in the disclosure label any environmental quality or environmental impact qualifier related to any of the generation categories disclosed. (5) For the portion of an electricity product purchased from the Bonneville power administration, retail suppliers may disclose the Bonneville power administration system mix. (6) A retail supplier may adjust its reported fuel mix for known changes in its declared resources for the current year based on any changes in its sources of electricity supply from either generation or contracts. If a retail supplier changes its fuel mix during a calendar year, it shall report those changes to the electricity information coordinator. (7) Disclosure of the fuel mix information required in this section shall be made in the following uniform format: A tabular format with two columns, where the first column shall alphabetically list each category and the second column shall display the corresponding percentage of the total that each category represents. The percentage shall be reported as a numeric value rounded to the nearest one percent. The percentages listed for the categories identified must sum to one hundred percent with the table displaying such a total. [2000 c 213 § 4.] Finding—Intent—2000 c 213: See note following RCW 19.29A.050. [Title 19 RCW—page 70] 19.29A.070 Actions required of department—Convene work group—Report to legislature. The department shall: (1) Convene a work group of interested parties to suggest modifications, if any, to the disclosure requirements required in RCW 19.29A.060 to improve information content, readability, and consumer understanding, and to suggest modifications, if any, to the responsibilities of the electricity information coordinator required in RCW 19.29A.080 to improve the accuracy and efficiency of the tracking process. If the department serves as the electricity information coordinator, these evaluation and reporting requirements relative to the responsibilities of the electricity information coordinator and the tracking process shall be assigned to an independent third party; (2) Invite interested parties, including but not limited to representatives from investor-owned utilities, consumerowned utilities, the commission, the attorney general’s office, consumer advocacy groups, and the environmental community to participate in the work group convened in subsection (1) of this section; and (3) Submit to the legislature no later than December 1, 2003, a report with suggested modifications, if any, to the disclosure requirements and responsibilities of the electricity information coordinator, as referred to in subsection (1) of this section. [2000 c 213 § 5.] 19.29A.070 Finding—Intent—2000 c 213: See note following RCW 19.29A.050. 19.29A.080 Electricity information coordinator— Selection—Regional entity serving as coordinator, requirements—Retail supplier’s information. (1) For the purpose of selecting the electricity information coordinator, the department shall form a work group of interested parties. The department shall invite interested parties, including, but not limited to, representatives from investor-owned utilities, consumer-owned utilities, the commission, the attorney general’s office, consumer advocacy groups, and the environmental community to participate in the work group. In the event an appropriate regional entity is not selected by November 1, 2000, the department shall serve as the electricity information coordinator after notifying the committees of the senate and house of representatives with jurisdiction over energy matters. (2) The department may receive any lawful gifts, grants, or endowments from public or private sources that are made from time to time, in trust or otherwise, for the use and benefit of the department in implementing this section, and may spend such gifts, grants, or endowments for the purposes of implementing this section. (3) As a condition for an appropriate regional entity to be selected under this section to serve as the electricity information coordinator, it must agree to compile the following information: (a) Actual generation by fuel mix in the Northwest power pool for the prior calendar year, expressed in megawatt hours. This data will be compiled as it becomes available. (b) Adjustments to the actual generation for the prior calendar year that are known and provided to the electricity information coordinator by the end of January of the current calendar year to reflect known changes in declared resources 19.29A.080 (2008 Ed.) Consumers of Electricity for the current year and changes due to interconnection of new generating resources or decommissioning or sale of existing resources or contracts. These adjustments shall include supporting documentation. (c) The amount of electricity from declared resources that retail suppliers will identify in their fuel mix disclosures during the current calendar year. Retail suppliers shall make this data available by the end of January each year. (4) Retail suppliers shall make available upon request the following information to support the ownership or contractual rights to declared resources: (a) Documentation of ownership of declared resources by retail suppliers; or (b) Documentation of contractual rights by retail suppliers to a stated quantity of electricity from a specific generating facility. If the documentation referred to in either (a) or (b) of this subsection is not available, the retail supplier may not identify the electricity source as a declared resource and instead must report the net system power mix for the quantity of electric generation from that resource. (5) If the documentation referred to in either subsection (4)(a) or (b) of this section is not available, the retail supplier may not identify the electricity source as a declared resource and instead must report the net system power mix for the quantity of electric generation from that resource. (6) As a condition for an appropriate regional entity to be selected under this section to serve as the electricity information coordinator, it must agree to: (a) Coordinate with comparable entities or organizations in the western interconnection; (b) On or before May 1st of each year, or as soon thereafter as practicable once the data in subsection (3)(a) of this section is available, calculate and make available the net system power mix as follows: (i) The actual Northwest power pool generation for the prior calendar year; (ii) Plus any adjustments to the Northwest power pool generation as made available to the electricity information coordinator by the end of January of the current calendar year pursuant to RCW 19.29A.060(6); (iii) Less the quantity of electricity associated with declared resources claimed by retail suppliers for the current calendar year; (iv) Plus other adjustments necessary to ensure that the same resource output is not declared more than once; (c) To the extent the information is available, verify that the quantity of electricity associated with the declared resources does not exceed the available generation from those resources. (7) Subsections (3) and (6) of this section apply to the department in the event the department assumes the functions of the electricity information coordinator. [2000 c 213 § 6.] Finding—Intent—2000 c 213: See note following RCW 19.29A.050. 19.29A.090 Voluntary option to purchase qualified alternative energy resources—Rates, terms, and conditions—Reports. (1) Beginning January 1, 2002, each electric utility must provide to its retail electricity customers a 19.29A.090 (2008 Ed.) 19.29A.090 voluntary option to purchase qualified alternative energy resources in accordance with this section. (2) Each electric utility must include with its retail electric customer’s regular billing statements, at least quarterly, a voluntary option to purchase qualified alternative energy resources. The option may allow customers to purchase qualified alternative energy resources at fixed or variable rates and for fixed or variable periods of time, including but not limited to monthly, quarterly, or annual purchase agreements. A utility may provide qualified alternative energy resource options through either: (a) Resources it owns or contracts for; or (b) the purchase of credits issued by a clearinghouse or other system by which the utility may secure, for trade or other consideration, verifiable evidence that a second party has a qualified alternative energy resource and that the second party agrees to transfer such evidence exclusively to the benefit of the utility. (3) For the purposes of this section, a "qualified alternative energy resource" means the electricity produced from generation facilities that are fueled by: (a) Wind; (b) solar energy; (c) geothermal energy; (d) landfill gas; (e) wave or tidal action; (f) gas produced during the treatment of wastewater; (g) qualified hydropower; or (h) biomass energy based on animal waste or solid organic fuels from wood, forest, or field residues, or dedicated energy crops that do not include wood pieces that have been treated with chemical preservatives such as creosote, pentachlorophenol, or copper-chrome-arsenic. (4) For the purposes of this section, "qualified hydropower" means the energy produced either: (a) As a result of modernizations or upgrades made after June 1, 1998, to hydropower facilities operating on May 8, 2001, that have been demonstrated to reduce the mortality of anadromous fish; or (b) by run of the river or run of the canal hydropower facilities that are not responsible for obstructing the passage of anadromous fish. (5) The rates, terms, conditions, and customer notification of each utility’s option or options offered in accordance with this section must be approved by the governing body of the consumer-owned utility or by the commission for investor-owned utilities. All costs and benefits associated with any option offered by an electric utility under this section must be allocated to the customers who voluntarily choose that option and may not be shifted to any customers who have not chosen such option. Utilities may pursue known, lawful aggregated purchasing of qualified alternative energy resources with other utilities to the extent aggregated purchasing can reduce the unit cost of qualified alternative energy resources, and are encouraged to investigate opportunities to aggregate the purchase of alternative energy resources by their customers. Aggregated purchases by investor-owned utilities must comply with any applicable rules or policies adopted by the commission related to least-cost planning or the acquisition of renewable resources. (6) Each consumer-owned utility must report annually to the department and each investor-owned utility must report annually to the commission beginning October 1, 2002, until October 1, 2012, describing the option or options it is offering its customers under the requirements of this section, the rate of customer participation, the amount of qualified alternative energy resources purchased by customers, the amount [Title 19 RCW—page 71] 19.29A.900 Title 19 RCW: Business Regulations—Miscellaneous of utility investments in qualified alternative energy resources, and the results of pursuing aggregated purchasing opportunities. The department and the commission together shall report annually to the legislature, beginning December 1, 2002, until December 1, 2012, with the results of the utility reports. [2002 c 285 § 6; 2002 c 191 § 1; 2001 c 214 § 28.] Reviser’s note: This section was amended by 2002 c 191 § 1 and by 2002 c 285 § 6, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Severability—Effective date—2001 c 214: See notes following RCW 80.50.010. Findings—2001 c 214: See note following RCW 39.35.010. 19.29A.900 Construction—1998 c 300. Nothing in chapter 300, Laws of 1998 shall be construed as conferring on any state agency jurisdiction, supervision, or control over any consumer-owned utility. [1998 c 300 § 7.] 19.29A.900 19.29A.901 Severability—1998 c 300. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1998 c 300 § 11.] 19.29A.901 Chapter 19.30 Chapter 19.30 RCW FARM LABOR CONTRACTORS Sections 19.30.010 19.30.020 19.30.030 19.30.040 19.30.045 19.30.050 19.30.060 19.30.070 19.30.081 19.30.090 19.30.110 19.30.120 19.30.130 19.30.150 19.30.160 19.30.170 19.30.180 19.30.190 19.30.200 19.30.900 19.30.901 19.30.902 Definitions. License required—Duplicates. Applicants—Qualifications—Fee—Liability insurance. Surety bond—Security. Claim for wages—Action upon surety bond or security. License—Grounds for denying. License—Revocation, suspension, refusal to issue or renew. License—Contents. License—Duration—Renewal. License—Application for renewal. Farm labor contractor—Duties. Farm labor contractor—Prohibited acts. Rules—Adjustment of controversies. Penalties. Civil penalty—Hearing—Court action. Civil actions—Damages, costs, attorney’s fees—Actions upon bond or security deposit. Injunctions—Costs—Attorney fee. Retaliation against employee prohibited. Unlicensed farm labor contractors—Liability for services. Severability—1955 c 392. Severability—1985 c 280. Effective date—1985 c 280. 19.30.010 Definitions. As used in this chapter: (1) "Person" includes any individual, firm, partnership, association, corporation, or unit or agency of state or local government. (2) "Farm labor contractor" means any person, or his or her agent or subcontractor, who, for a fee, performs any farm labor contracting activity. (3) "Farm labor contracting activity" means recruiting, soliciting, employing, supplying, transporting, or hiring agricultural employees. (4) "Agricultural employer" means any person engaged in agricultural activity, including the growing, producing, or harvesting of farm or nursery products, or engaged in the forestation or reforestation of lands, which includes but is not 19.30.010 [Title 19 RCW—page 72] limited to the planting, transplanting, tubing, precommercial thinning, and thinning of trees and seedlings, the clearing, piling, and disposal of brush and slash, the harvest of Christmas trees, and other related activities. (5) "Agricultural employee" means any person who renders personal services to, or under the direction of, an agricultural employer in connection with the employer’s agricultural activity. (6) This chapter shall not apply to employees of the employment security department acting in their official capacity or their agents, nor to any common carrier or full time regular employees thereof while transporting agricultural employees, nor to any person who performs any of the services enumerated in subsection (3) of this section only within the scope of his or her regular employment for one agricultural employer on whose behalf he or she is so acting, unless he or she is receiving a commission or fee, which commission or fee is determined by the number of workers recruited, or to a nonprofit corporation or organization which performs the same functions for its members. Such nonprofit corporation or organization shall be one in which: (a) None of its directors, officers, or employees are deriving any profit beyond a reasonable salary for services performed in its behalf. (b) Membership dues and fees are used solely for the maintenance of the association or corporation. (7) "Fee" means: (a) Any money or other valuable consideration paid or promised to be paid for services rendered or to be rendered by a farm labor contractor. (b) Any valuable consideration received or to be received by a farm labor contractor for or in connection with any of the services described in subsection (3) of this section, and shall include the difference between any amount received or to be received by him, and the amount paid out by him for or in connection with the rendering of such services. (8) "Director" as used in this chapter means the director of the department of labor and industries of the state of Washington. [1985 c 280 § 1; 1955 c 392 § 1.] 19.30.020 License required—Duplicates. No person shall act as a farm labor contractor until a license to do so has been issued to him or her by the director, and unless such license is in full force and effect and is in the contractor’s possession. The director shall, by regulation, provide a means of issuing duplicate licenses in case of loss of the original license or any other appropriate instances. The director shall issue, on a monthly basis, a list of currently licensed farm labor contractors. [1985 c 280 § 2; 1955 c 392 § 2.] 19.30.020 19.30.030 Applicants—Qualifications—Fee—Liability insurance. The director shall not issue to any person a license to act as a farm labor contractor until: (1) Such person has executed a written application on a form prescribed by the director, subscribed and sworn to by the applicant, and containing (a) a statement by the applicant of all facts required by the director concerning the applicant’s character, competency, responsibility, and the manner and method by which he or she proposes to conduct operations as a farm labor contractor if such license is issued, and (b) the 19.30.030 (2008 Ed.) Farm Labor Contractors names and addresses of all persons financially interested, either as partners, stockholders, associates, profit sharers, or providers of board or lodging to agricultural employees in the proposed operation as a labor contractor, together with the amount of their respective interests; (2) The director, after investigation, is satisfied as to the character, competency, and responsibility of the applicant; (3) The applicant has paid to the director a license fee of: (1) Thirty-five dollars in the case of a farm labor contractor not engaged in forestation or reforestation, or (2) one hundred dollars in the case of a farm labor contractor engaged in forestation or reforestation or such other sum as the director finds necessary, and adopts by rule, for the administrative costs of evaluating applications; (4) The applicant has filed proof satisfactory to the director of the existence of a policy of insurance with any insurance carrier authorized to do business in the state of Washington in an amount satisfactory to the director, which insures the contractor against liability for damage to persons or property arising out of the contractor’s operation of, or ownership of, any vehicle or vehicles for the transportation of individuals in connection with the contractor’s business, activities, or operations as a farm labor contractor; (5) The applicant has filed a surety bond or other security which meets the requirements set forth in RCW 19.30.040; (6) The applicant executes a written statement which shall be subscribed and sworn to and shall contain the following declaration: "With regards to any action filed against me concerning my activities as a farm labor contractor, I appoint the director of the Washington department of labor and industries as my lawful agent to accept service of summons when I am not present in the jurisdiction in which the action is commenced or have in any other way become unavailable to accept service"; and (7) The applicant has stated on his or her application whether or not his or her contractor’s license or the license of any of his or her agents, partners, associates, stockholders, or profit sharers has ever been suspended, revoked, or denied by any state or federal agency, and whether or not there are any outstanding judgments against him or her or any of his or her agents, partners, associates, stockholders, or profit sharers in any state or federal court arising out of activities as a farm labor contractor. [1985 c 280 § 3; 1955 c 392 § 3.] 19.30.040 Surety bond—Security. (1) The director shall require the deposit of a surety bond by any person acting as a farm labor contractor under this chapter to insure compliance with the provisions of this chapter. Such bond shall be in an amount specified by the director in accordance with such criteria as the director adopts by rule but shall not be less than five thousand dollars. The bond shall be payable to the state of Washington and be conditioned on payment of sums legally owing under contract to an agricultural employee. The aggregate liability of the surety upon such bond for all claims which may arise thereunder shall not exceed the face amount of the bond. (2) The amount of the bond may be raised or additional security required by the director, upon his or her own motion or upon petition to the director by any person, when it is 19.30.040 (2008 Ed.) 19.30.060 shown that the security or bond is insufficient to satisfy the contractor’s potential liability for the licensed period. (3) No surety insurer may provide any bond, undertaking, recognizance, or other obligation for the purpose of securing or guaranteeing any act, duty, or obligation, or the refraining from any act with respect to a contract using the services of a farm labor contractor unless the farm labor contractor has made application for or has a valid license issued under RCW 19.30.030 at the time of issuance of the bond, undertaking, recognizance, or other obligation. (4) Surety bonds may not be canceled or terminated during the period in which the bond is executed unless thirty days’ notice is provided by the surety to the department. The bond is written for a one-year term and may be renewed or extended by continuation certification at the option of the surety. (5) In lieu of the surety bond required by this section, the contractor may file with the director a deposit consisting of cash or other security acceptable to the director. The deposit shall not be less than five thousand dollars in value. The security deposited with the director in lieu of the surety bond shall be returned to the contractor at the expiration of three years after the farm labor contractor’s license has expired or been revoked if no legal action has been instituted against the contractor or on the security deposit at the expiration of the three years. (6) If a contractor has deposited a bond with the director and has failed to comply with the conditions of the bond as provided by this section, and has departed from this state, service may be made upon the surety as prescribed in RCW 4.28.090. [1987 c 216 § 1; 1986 c 197 § 15; 1985 c 280 § 4; 1955 c 392 § 4.] 19.30.045 19.30.045 Claim for wages—Action upon surety bond or security. (1) Any person, having a claim for wages pursuant to this chapter may bring suit upon the surety bond or security deposit filed by the contractor pursuant to RCW 19.30.040, in any court of competent jurisdiction of the county in which the claim arose, or in which either the claimant or contractor resides. (2) The right of action is assignable in the name of the director or any other person. [1987 c 216 § 2; 1986 c 197 § 19.] 19.30.050 19.30.050 License—Grounds for denying. A license to operate as a farm labor contractor shall be denied: (1) To any person who sells or proposes to sell intoxicating liquors in a building or on premises where he or she operates or proposes to operate as a farm labor contractor, or (2) To a person whose license has been revoked within three years from the date of application. [1985 c 280 § 5; 1955 c 392 § 5.] 19.30.060 19.30.060 License—Revocation, suspension, refusal to issue or renew. Any person may protest the grant or renewal of a license under this section. The director may revoke, suspend, or refuse to issue or renew any license when it is shown that: [Title 19 RCW—page 73] 19.30.070 Title 19 RCW: Business Regulations—Miscellaneous (1) The farm labor contractor or any agent of the contractor has violated or failed to comply with any of the provisions of this chapter; (2) The farm labor contractor has made any misrepresentations or false statements in his or her application for a license; (3) The conditions under which the license was issued have changed or no longer exist; (4) The farm labor contractor, or any agent of the contractor, has violated or wilfully aided or abetted any person in the violation of, or failed to comply with, any law of the state of Washington regulating employment in agriculture, the payment of wages to farm employees, or the conditions, terms, or places of employment affecting the health and safety of farm employees, which is applicable to the business activities, or operations of the contractor in his or her capacity as a farm labor contractor; (5) The farm labor contractor or any agent of the contractor has in recruiting farm labor solicited or induced the violation of any then existing contract of employment of such laborers; or (6) The farm labor contractor or any agent of the contractor has an unsatisfied judgment against him or her in any state or federal court, arising out of his or her farm labor contracting activities. The director shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director’s receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order. [1997 c 58 § 846; 1985 c 280 § 6; 1955 c 392 § 6.] *Reviser’s note: 1997 c 58 § 887 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 19.30.070 License—Contents. Each license shall contain, on the face thereof: (1) The name and address of the licensee and the fact that he or she is licensed to act as a farm labor contractor for the period upon the face of the license only; (2) The number, date of issuance, and date of expiration of the license; (3) The amount of the surety bond deposited by the licensee; (4) The fact that the license may not be transferred or assigned; and (5) A statement that the licensee is or is not licensed to transport workers. [1985 c 280 § 7; 1955 c 392 § 7.] 19.30.070 [Title 19 RCW—page 74] 19.30.081 License—Duration—Renewal. Farm labor contractors may hold either a one-year license or a two-year license, at the director’s discretion. The one-year license shall run to and include the 31st day of December next following the date thereof unless sooner revoked by the director. A license may be renewed each year upon the payment of the annual license fee, but the director shall require that evidence of a renewed bond be submitted and that the contractor have a bond in full force and effect. The two-year license shall run to and include the 31st day of December of the year following the year of issuance unless sooner revoked by the director. This license may be renewed every two years under the same terms as the oneyear license, except that a farm labor contractor possessing a two-year license shall have evidence of a bond in full force and effect, and file an application on which he or she shall disclose all information required by RCW 19.30.030 (1)(b), (4), and (7). [1987 c 216 § 3; 1986 c 197 § 16; 1985 c 280 § 8.] 19.30.081 19.30.090 License—Application for renewal. All applications for renewal shall state the names and addresses of all persons financially interested either as partners, associates or profit sharers in the operation as a farm labor contractor. [1955 c 392 § 9.] 19.30.090 19.30.110 Farm labor contractor—Duties. Every person acting as a farm labor contractor shall: (1) Carry a current farm labor contractor’s license at all times and exhibit it to all persons with whom the contractor intends to deal in the capacity of a farm labor contractor prior to so dealing. (2) Disclose to every person with whom he or she deals in the capacity of a farm labor contractor the amount of his or her bond and the existence and amount of any claims against the bond. (3) File at the United States post office serving the address of the contractor, as noted on the face of the farm labor contractor’s license, a correct change of address immediately upon each occasion the contractor permanently moves his or her address, and notify the director within ten days after an address change is made. (4) Promptly when due, pay or distribute to the individuals entitled thereto all moneys or other things of value entrusted to the contractor by any third person for such purpose. (5) Comply with the terms and provisions of all legal and valid agreements and contracts entered into between the contractor in the capacity of a farm labor contractor and third persons. (6) File information regarding work offers with the nearest employment service office, such information to include wages and work to be performed and any other information prescribed by the director. (7) On a form prescribed by the director, furnish to each worker, at the time of hiring, recruiting, soliciting, or supplying, whichever occurs first, a written statement in English and any other language common to workers who are not fluent or literate in English that contains a description of: 19.30.110 (2008 Ed.) Farm Labor Contractors (a) The compensation to be paid and the method of computing the rate of compensation; (b) The terms and conditions of any bonus offered, including the manner of determining when the bonus is earned; (c) The terms and conditions of any loan made to the worker; (d) The conditions of any transportation, housing, board, health, and day care services or any other employee benefit to be provided by the farm labor contractor or by his or her agents, and the costs to be charged for each of them; (e) The terms and conditions of employment, including the approximate length of season or period of employment and the approximate starting and ending dates thereof, and the crops on which and kinds of activities in which the worker may be employed; (f) The terms and conditions under which the worker is furnished clothing or equipment; (g) The place of employment; (h) The name and address of the owner of all operations, or the owner’s agent, where the worker will be working as a result of being recruited, solicited, supplied, or employed by the farm labor contractor; (i) The existence of a labor dispute at the worksite; (j) The name and address of the farm labor contractor; (k) The existence of any arrangements with any owner or agent of any establishment at the place of employment under which the farm labor contractor is to receive a fee or any other benefit resulting from any sales by such establishment to the workers; and (l) The name and address of the surety on the contractor’s bond and the workers’ right to claim against the bond. (8) Furnish to the worker each time the worker receives a compensation payment from the farm labor contractor, a written statement itemizing the total payment and the amount and purpose of each deduction therefrom, hours worked, rate of pay, and pieces done if the work is done on a piece rate basis, and if the work is done under the Service Contract Act (41 U.S.C. Secs. 351 through 401) or related federal or state law, a written statement of any applicable prevailing wage. (9) With respect to each worker recruited, solicited, employed, supplied, or hired by the farm labor contractor: (a) Make, keep, and preserve for three years a record of the following information: (i) The basis on which wages are paid; (ii) The number of piecework units earned, if paid on a piecework basis; (iii) The number of hours worked; (iv) The total pay period earnings; (v) The specific sums withheld and the purpose of each sum withheld; and (vi) The net pay; and (b) Provide to any other farm labor contractor and to any user of farm labor for whom he or she recruits, solicits, supplies, hires, or employs workers copies of all records, with respect to each such worker, which the contractor is required by this chapter to make, keep, and preserve. The recipient of such records shall keep them for a period of three years from the end of the period of employment. When necessary to administer this chapter, the director may require that any (2008 Ed.) 19.30.160 farm labor contractor provide the director with certified copies of his or her payroll records for any payment period. The record-keeping requirements of this chapter shall be met if either the farm labor contractor or any user of the contractor’s services makes, keeps, and preserves for the requisite time period the records required under this section, and so long as each worker receives the written statements specified in subsection (8) of this section. [1985 c 280 § 9; 1955 c 392 § 11.] 19.30.120 Farm labor contractor—Prohibited acts. No person acting as a farm labor contractor shall: (1) Make any misrepresentation or false statement in an application for a license. (2) Make or cause to be made, to any person, any false, fraudulent, or misleading representation, or publish or circulate or cause to be published or circulated any false, fraudulent, or misleading information concerning the terms or conditions or existence of employment at any place or places, or by any person or persons, or of any individual or individuals. (3) Send or transport any worker to any place where the farm labor contractor knows a strike or lockout exists. (4) Do any act in the capacity of a farm labor contractor, or cause any act to be done, which constitutes a crime involving moral turpitude under any law of the state of Washington. [1985 c 280 § 10; 1955 c 392 § 12.] 19.30.120 19.30.130 Rules—Adjustment of controversies. (1) The director shall adopt rules not inconsistent with this chapter for the purpose of enforcing and administering this chapter. (2) The director shall investigate and attempt to adjust equitably controversies between farm labor contractors and their workers with respect to claims arising under this chapter. [1985 c 280 § 11; 1955 c 392 § 14.] 19.30.130 19.30.150 Penalties. Any person who violates any provisions of this chapter, or who causes or induces another to violate any provisions of this chapter, shall be guilty of a misdemeanor punishable by a fine of not more than five thousand dollars, or imprisonment in the county jail for not more than six months, or both. [1955 c 392 § 13.] 19.30.150 19.30.160 Civil penalty—Hearing—Court action. (1) In addition to any criminal penalty imposed under RCW 19.30.150, the director may assess against any person who violates this chapter, or any rule adopted under this chapter, a civil penalty of not more than one thousand dollars for each violation. (2) The person shall be afforded the opportunity for a hearing, upon request to the director made within thirty days after the date of issuance of the notice of assessment. The hearing shall be conducted in accordance with chapter 34.05 RCW. (3) If any person fails to pay an assessment after it has become a final and unappealable order, or after the court has entered final judgment in favor of the agency, the director shall refer the matter to the state attorney general, who shall recover the amount assessed by action in the appropriate superior court. In such action, the validity and appropriate19.30.160 [Title 19 RCW—page 75] 19.30.170 Title 19 RCW: Business Regulations—Miscellaneous ness of the final order imposing the penalty shall not be subject to review. (4) Without regard to other remedies provided in this chapter, the department may bring suit upon the surety bond filed by the farm labor contractor on behalf of a worker whose rights under this chapter have been violated by the contractor. The action may be commenced in any court of competent jurisdiction. In any such action, there shall be compliance with the notice and service requirements set forth in RCW 19.30.170. [1987 c 216 § 4; 1986 c 197 § 17; 1985 c 280 § 15.] 19.30.170 Civil actions—Damages, costs, attorney’s fees—Actions upon bond or security deposit. (1) After filing a notice of a claim with the director, in addition to any other penalty provided by law, any person aggrieved by a violation of this chapter or any rule adopted under this chapter may bring suit in any court of competent jurisdiction of the county in which the claim arose, or in which either the plaintiff or respondent resides, without regard to the amount in controversy and without regard to exhaustion of any alternative administrative remedies provided in this chapter. No such action may be commenced later than three years after the date of the violation giving rise to the right of action. In any such action the court may award to the prevailing party, in addition to costs and disbursements, reasonable attorney fees at trial and appeal. (2) In any action under subsection (1) of this section, if the court finds that the respondent has violated this chapter or any rule adopted under this chapter, it may award damages up to and including an amount equal to the amount of actual damages, or statutory damages of five hundred dollars per plaintiff per violation, whichever is greater, or other equitable relief. (3) Without regard to other remedies provided in this chapter, a person having a claim against the farm labor contractor for any violation of this chapter may bring suit against the farm labor contractor and the surety bond or security deposit filed by the contractor pursuant to RCW 19.30.040, in any court of competent jurisdiction of the county in which the claim arose, or in which either the claimant or contractor resides. (4) An action upon the bond or security deposit shall be commenced by serving and filing the summons and complaint within three years from the date of expiration or cancellation of the bond or expiration or cancellation of the license, whichever is sooner, or in the case of a security deposit, within three years of the date of expiration or revocation of the license. (5) A copy of the summons and complaint in any such action shall be served upon the director at the time of commencement of the action and the director shall maintain a record, available for public inspection, of all suits so commenced. Such service shall constitute service on the farm labor contractor and the surety for suit upon the bond and the director shall transmit the complaint or a copy thereof to the contractor at the address listed in his or her application and to the surety within forty-eight hours after it has been received. (6) The surety upon the bond may, upon notice to the director and the parties, tender to the clerk of the court having jurisdiction of the action an amount equal to the claims or the 19.30.170 [Title 19 RCW—page 76] amount of the bond less the amount of judgments, if any, previously satisfied therefrom and to the extent of such tender the surety upon the bond shall be exonerated. (7) If the actions commenced and pending at any one time exceed the amount of the bond then unimpaired, the claims shall be satisfied from the bond in the following order: (a) Wages, including employee benefits; (b) Other contractual damage owed to the employee; (c) Any costs and attorneys’ fees the claimant may be entitled to recover by contract or statute. (8) If any final judgment impairs the bond so furnished so that there is not in effect a bond undertaking in the full amount prescribed by the director, the director shall suspend the license of the contractor until the bond liability in the required amount unimpaired by unsatisfied judgment claims has been furnished. If such bond becomes fully impaired, a new bond must be furnished. (9) A claimant against a security deposit shall be entitled to damages under subsection (2) of this section. If the farm labor contractor has filed other security with the director in lieu of a surety bond, any person having an unsatisfied final judgment against the contractor for any violation of this chapter may execute upon the security deposit held by the director by serving a certified copy of the unsatisfied final judgment by registered or certified mail upon the director. Upon the receipt of service of such certified copy, the director shall pay or order paid from the deposit, through the registry of the court which rendered judgment, towards the amount of the unsatisfied judgment. The priority of payment by the director shall be the order of receipt by the director, but the director shall have no liability for payment in excess of the amount of the deposit. [1987 c 216 § 5; 1986 c 197 § 18; 1985 c 280 § 16.] 19.30.180 19.30.180 Injunctions—Costs—Attorney fee. The director or any other person may bring suit in any court of competent jurisdiction to enjoin any person from using the services of an unlicensed farm labor contractor or to enjoin any person acting as a farm labor contractor in violation of this chapter, or any rule adopted under this chapter, from committing future violations. The court may award to the prevailing party costs and disbursements and a reasonable attorney fee. [1985 c 280 § 12.] 19.30.190 19.30.190 Retaliation against employee prohibited. No farm labor contractor or agricultural employer may discharge or in any other manner discriminate against any employee because: (1) The employee has made a claim against the farm labor contractor or agricultural employer for compensation for the employee’s personal services. (2) The employee has caused to be instituted any proceedings under or related to RCW 19.30.180. (3) The employee has testified or is about to testify in any such proceedings. (4) The employee has discussed or consulted with anyone concerning the employee’s rights under this chapter. [1985 c 280 § 13.] (2008 Ed.) Employment Agencies 19.30.200 Unlicensed farm labor contractors—Liability for services. Any person who knowingly uses the services of an unlicensed farm labor contractor shall be personally, jointly, and severally liable with the person acting as a farm labor contractor to the same extent and in the same manner as provided in this chapter. In making determinations under this section, any user may rely upon either the license issued by the director to the farm labor contractor under RCW 19.30.030 or the director’s representation that such contractor is licensed as required by this chapter. [2000 c 171 § 48; 1985 c 280 § 14.] 19.30.200 19.30.900 Severability—1955 c 392. If any section, sentence, clause or word of this chapter shall be held unconstitutional, the invalidity of such section, sentence, clause or word shall not affect the validity of any other portion of this chapter, it being the intent of this legislative assembly to enact the remainder of this chapter notwithstanding such part so declared unconstitutional should or may be so declared. [1955 c 392 § 17.] 19.30.900 19.30.901 Severability—1985 c 280. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1985 c 280 § 18.] 19.30.901 19.30.902 Effective date—1985 c 280. This 1985 act shall take effect January 1, 1986. [1985 c 280 § 19.] 19.30.902 Chapter 19.31 Chapter 19.31 RCW EMPLOYMENT AGENCIES Sections 19.31.010 19.31.020 19.31.030 19.31.040 19.31.050 19.31.060 19.31.070 19.31.080 19.31.090 19.31.100 19.31.110 19.31.120 19.31.130 19.31.140 19.31.150 19.31.160 19.31.170 19.31.180 19.31.190 19.31.210 19.31.220 19.31.230 19.31.240 19.31.245 19.31.250 19.31.260 19.31.270 (2008 Ed.) Short title. Definitions. Records. Contract between agency and applicant—Contents—Notice. Approval of contract, fee schedule. Request from employer for interview required—Information to be furnished applicant. Administration of chapter—Rules—Investigations—Inspections. License required—Penalty. Bond—Cash deposit—Action on bond or deposit—Procedure—Judgment. Application—Contents—Filing—Qualifications of applicants and licensees—Waiver—Exceptions. Expiration date of license—Reinstatement. Transfer of license. License sanction—Grounds—Support order, noncompliance. Fees for licensees. Employment condition precedent to charging fee—Exceptions. Charging fee or payment contrary to chapter—Return of excess. Limitations on fee amounts—Refunds—Exceptions. Posting of fee limitation and remedy provisions. Rules of conduct—Complaints. Enforcement. Assurance of discontinuance of violation. Civil penalty. Service of process outside state. Registration or licensing prerequisite to suit by employment agency—Action against unregistered or unlicensed employment agency. Chapter provisions exclusive—Authority of political subdivisions not affected. Administrative procedure act to govern administration. Uniform regulation of business and professions act. 19.31.900 19.31.910 19.31.020 Severability—1969 ex.s. c 228. Effective date—1969 ex.s. c 228. 19.31.010 Short title. This chapter shall be known and cited as "The Employment Agency Act". [1969 ex.s. c 228 § 1.] 19.31.010 19.31.020 Definitions. Unless a different meaning is clearly required by the context, the following words and phrases, as hereinafter used in this chapter, shall have the following meanings: (1) "Employment agency" is synonymous with "agency" and shall mean any business in which any part of the business gross or net income is derived from a fee received from applicants, and in which any of the following activities are engaged in: (a) The offering, promising, procuring, or attempting to procure employment for applicants; (b) The giving of information regarding where and from whom employment may be obtained; or (c) The sale of a list of jobs or a list of names of persons or companies accepting applications for specific positions, in any form. In addition the term "employment agency" shall mean and include any person, bureau, employment listing service, employment directory, organization, or school which for profit, by advertisement or otherwise, offers, as one of its main objects or purposes, to procure employment for any person who pays for its services, or which collects tuition, or charges for service of any nature, where the main object of the person paying the same is to secure employment. It also includes any business that provides a resume to an individual and provides that person with a list of names to whom the resume may be sent or provides that person with preaddressed envelopes to be mailed by the individual or by the business itself, if the list of names or the preaddressed envelopes have been compiled and are represented by the business as having job openings. The term "employment agency" shall not include labor union organizations, temporary service contractors, proprietary schools operating within the scope of activities for which the school is licensed under chapter 28C.10 RCW, nonprofit schools and colleges, career guidance and counseling services, employment directories that are sold in a manner that allows the applicant to examine the directory before purchase, theatrical agencies, farm labor contractors, or the Washington state employment agency. (2) "Temporary service contractors" shall mean any person, firm, association, or corporation conducting a business which consists of employing individuals directly for the purpose of furnishing such individuals on a part time or temporary help basis to others. (3) "Theatrical agency" means any person who, for a fee or commission, procures on behalf of an individual or individuals, employment or engagements for circus, vaudeville, the variety field, the legitimate theater, motion pictures, radio, television, phonograph recordings, transcriptions, opera, concert, ballet, modeling, or other entertainments, exhibitions, or performances. The term "theatrical agency" does not include any person charging an applicant a fee prior to or in advance of: (a) Procuring employment for the applicant; 19.31.020 [Title 19 RCW—page 77] 19.31.030 Title 19 RCW: Business Regulations—Miscellaneous (b) Giving or providing the applicant information regarding where or from whom employment may be obtained; (c) Allowing or requiring the applicant to participate in any instructional class, audition, or career guidance or counseling; or (d) Allowing the applicant to be eligible for employment through the person. (4) "Farm labor contractor" means any person, or his agent, who, for a fee, employs workers to render personal services in connection with the production of any farm products, to, for, or under the direction of an employer engaged in the growing, producing, or harvesting of farm products, or who recruits, solicits, supplies, or hires workers on behalf of an employer engaged in the growing, producing, or harvesting of farm products or who provides in connection with recruiting, soliciting, supplying, or hiring workers engaged in the growing, producing, or harvesting of farm products, one or more of the following services: Furnishes board, lodging, or transportation for such workers, supervises, times, checks, counts, sizes, or otherwise directs or measures their work; or disburses wage payments to such persons. (5) "Employer" means any person, firm, corporation, partnership, or association employing or seeking to enter into an arrangement to employ a person through the medium or service of an employment agency. (6) "Applicant", except when used to describe an applicant for an employment agency license, means any person, whether employed or unemployed, seeking or entering into any arrangement for his employment or change of his employment through the medium or service of an employment agency. (7) "Person" includes any individual, firm, corporation, partnership, association, company, society, manager, contractor, subcontractor, bureau, agency, service, office, or an agent or employee of any of the foregoing. (8) "Director" shall mean the director of licensing. (9) "Resume" means a document of the applicant’s employment history that is approved, received, and paid for by the applicant. (10) "Fee" means anything of value. The term includes money or other valuable consideration or services or the promise of money or other valuable consideration or services, received directly or indirectly by an employment agency from a person seeking employment, in payment for the service. (11) "Employment listing service" means any business operated by any person that provides in any form, including written or verbal, lists of specified positions of employment available with any employer other than itself or that holds itself out to applicants as able to provide information about specific positions of employment available with any employer other than itself, and that charges a fee to the applicant for its services and does not set up interviews or otherwise intercede between employer and applicant. (12) "Employment directory" means any business operated by any person that provides in any form, including written or verbal, lists of employers, does not provide lists of specified positions of employment, that holds itself out to applicants as able to provide information on employment in [Title 19 RCW—page 78] specific industries or geographical areas, and that charges a fee to the applicant for its services. (13) "Career guidance and counseling service" means any person, firm, association, or corporation conducting a business that engages in any of the following activities: (a) Career assessment, planning, or testing through individual counseling or group seminars, classes, or workshops; (b) Skills analysis, resume writing, and preparation through individual counseling or group seminars, classes, or workshops; (c) Training in job search or interviewing skills through individual counseling or group seminars, classes, or workshops: PROVIDED, That the career guidance and counseling service does not engage in any of the following activities: (i) Contacts employers on behalf of an applicant or in any way intercedes between employer and applicant; (ii) Provides information on specific job openings; (iii) Holds itself out as able to provide referrals to specific companies or individuals who have specific job openings. [1998 c 228 § 1; 1993 c 499 § 1; 1990 c 70 § 1; 1979 c 158 § 82; 1977 ex.s. c 51 § 1; 1969 ex.s. c 228 § 2.] 19.31.030 Records. Each employment agency shall keep records of all services rendered employers and applicants. These records shall contain the name and address of the employer by whom the services were solicited; the name and address of the applicant; kind of position ordered by the employer; dates job orders or job listings are obtained; subsequent dates job orders or job listings are verified as still being current; kind of position accepted by the applicant; probable duration of the employment, if known; rate of wage or salary to be paid the applicant; amount of the employment agency’s fee; dates and amounts of refund if any, and reason for such refund; and the contract agreed to between the agency and applicant. An employment listing service need not keep records pertaining to the kind of position accepted by applicant and probable duration of employment. An employment directory shall keep records of all services rendered to applicants. These records shall contain: The name and address of the applicant; amount of the employment directory’s fee; dates and amounts of refund if any, and reason for the refund; the contract agreed to between the employment directory and applicant; and the dates of contact with employers made pursuant to RCW 19.31.190(11). The director shall have authority to demand and to examine, at the employment agency’s regular place of business, all books, documents, and records in its possession for inspection. Unless otherwise provided by rules or regulation adopted by the director, such records shall be maintained for a period of three years from the date in which they are made. [1993 c 499 § 2; 1969 ex.s. c 228 § 3.] 19.31.030 19.31.040 Contract between agency and applicant— Contents—Notice. An employment agency shall provide each applicant with a copy of the contract between the applicant and employment agency which shall have printed on it or attached to it a copy of RCW 19.31.170 as now or hereafter amended. Such contract shall contain the following: 19.31.040 (2008 Ed.) Employment Agencies (1) The name, address, and telephone number of the employment agency; (2) Trade name if any; (3) The date of the contract; (4) The name of the applicant; (5) The amount of the fee to be charged the applicant, or the method of computation of the fee, and the time and method of payments: PROVIDED, HOWEVER, That if the provisions of the contract come within the definition of a "retail installment transaction", as defined in RCW 63.14.010, the contract shall conform to the requirements of chapter 63.14 RCW, as now or hereafter amended; (6) A notice in eight-point bold face type or larger directly above the space reserved in the contract for the signature of the buyer. The caption, "NOTICE TO APPLICANT—READ BEFORE SIGNING" shall precede the body of the notice and shall be in ten-point bold face type or larger. The notice shall read as follows: "This is a contract. If you accept employment with any employer through [name of employment agency] you will be liable for the payment of the fee as set out above. Do not sign this contract before you read it or if any spaces intended for the agreed terms are left blank. You must be given a copy of this contract at the time you sign it." The notice for an employment listing service shall read as follows: "This is a contract. You understand [the employment listing service] provides information on bona fide job listings but does not guarantee you will be offered a job. You also understand you are liable for the payment of the fee when you receive the list or referral. Do not sign this contract before you read it or if any spaces intended for the agreed terms are left blank. You must be given a copy of this contract at the time you sign it." The notice for an employment directory shall read as follows if the directory is sold in person: "This is a contract. You understand [the employment directory] provides information on possible employers along with general employment, industry, and geographical information to assist you, but does not list actual job openings or guarantee you will obtain employment through its services. You also understand you are liable for the payment of the fee when you receive the directory. Do not sign this contract before you read it or if any spaces intended for the agreed terms are left blank. You must be given a copy of this contract at the time you sign it." A verbal notice for an employment directory shall be as follows before accepting a fee if the directory is sold over the telephone: "You understand [the employment directory] provides information on possible employers along with general employment, industry, and geographical information to assist you, but does not list actual job openings or guarantee you will obtain employment through its services. You also understand you are liable for the payment of the fee when you order the directory." A copy of the contract must be sent to all applicants ordering by telephone and must specify the following information: (a) Name, address, and phone number of employment directory; (2008 Ed.) 19.31.080 (b) Name, address, and phone number of applicant; (c) Date of order; (d) Date verbal notice was read to applicant along with a printed statement to read as follows: "On [date verbal notice was read] and prior to placing this order the following statement was read to you: "You understand [the employment directory] provides information on possible employers along with general employment, industry, and geographical information to assist you, but does not list actual job openings or guarantee you will be offered a job. You also understand you are liable for the payment of the fee when you order the directory."; and (e) Signature of employment directory representative. [1993 c 499 § 3; 1985 c 7 § 83; 1977 ex.s. c 51 § 2; 1969 ex.s. c 228 § 4.] 19.31.050 Approval of contract, fee schedule. Prior to using any contract or fee schedule in the transaction of its business with applicants, each employment agency shall obtain the director’s approval for the use of such contract or fee schedule. [1969 ex.s. c 228 § 5.] 19.31.050 19.31.060 Request from employer for interview required—Information to be furnished applicant. No employment agency shall send any applicant on an interview with a prospective employer without having first obtained, either orally or in writing, a bona fide request from such employer for the interview: PROVIDED, HOWEVER, That, it shall be the duty of every employment agency to give to each applicant for employment, orally or in writing, before being sent on an interview, information as to the name and address of the person to whom the applicant is to apply for such employment, the kind of service to be performed, the anticipated rate of wages or compensation, the agency’s fee based on such anticipated wages or compensation, whether such employment is permanent or temporary, and the name and address of the natural person authorizing the interviewing of such applicant. [1977 ex.s. c 51 § 3; 1969 ex.s. c 228 § 6.] 19.31.060 19.31.070 Administration of chapter—Rules—Investigations—Inspections. (1) The director shall administer the provisions of this chapter and shall issue from time to time reasonable rules and regulations for enforcing and carrying out the provisions and purposes of this chapter. (2) The director shall have supervisory and investigative authority over all employment agencies. Upon receiving a complaint against any employment agency, the director shall have the right to examine all books, documents, or records in its possession. In addition, the director may examine the office or offices where business is or shall be conducted by such agency. [2002 c 86 § 269; 1969 ex.s. c 228 § 7.] 19.31.070 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 19.31.080 License required—Penalty. It shall be a misdemeanor for any person to conduct an employment agency business in this state unless he has an employment 19.31.080 [Title 19 RCW—page 79] 19.31.090 Title 19 RCW: Business Regulations—Miscellaneous agency license issued pursuant to the provisions of this chapter. [1969 ex.s. c 228 § 8.] 19.31.090 19.31.090 Bond—Cash deposit—Action on bond or deposit—Procedure—Judgment. (1) Before conducting any business as an employment agency each licensee shall file with the director a surety bond in the sum of two thousand dollars running to the state of Washington, for the benefit of any person injured or damaged as a result of any violation by the licensee or his agent of any of the provisions of this chapter or of any rule or regulation adopted by the director pursuant to RCW 19.31.070(1). (2) In lieu of the surety bond required by this section the license applicant may file with the director a cash deposit or other negotiable security acceptable to the director: PROVIDED, HOWEVER, If the license applicant has filed a cash deposit, the director shall deposit such funds with the state treasurer. If the license applicant has deposited cash or other negotiable security with the director, the same shall be returned to the licensee at the expiration of one year after the employment agency’s license has expired or been revoked, if no legal action has been instituted against the licensee or the surety deposit at the expiration of the year. (3) Any person having a claim against an employment agency for any violation of the provisions of this chapter or any rule or regulation promulgated thereunder may bring suit upon such bond or deposit in an appropriate court of the county where the office of the employment agency is located or of any county in which jurisdiction of the employment agency may be had. Action upon such bond or deposit shall be commenced by serving and filing of the complaint within one year from the date of expiration of the employment agency license in force at the time the act for which the suit is brought occurred. A copy of the complaint shall be served by registered or certified mail upon the director at the time the suit is started, and the director shall maintain a record, available for public inspection, of all suits so commenced. Such service on the director shall constitute service on the surety and the director shall transmit the complaint or a copy thereof to the surety within five business days after it shall have been received. The surety upon the bond shall not be liable in an aggregate amount in excess of the amount named in the bond, but in case claims pending at any one time exceed the amount of the bond, claims shall be satisfied in the order of judgment rendered. In the event that any final judgment shall impair the liability of the surety upon bond so furnished or the amount of the deposit so that there shall not be in effect a bond undertaking or deposit in the full amount prescribed in this section, the director shall suspend the license of such employment agency until the bond undertaking or deposit in the required amount, unimpaired by unsatisfied judgment claims, shall have been furnished. (4) In the event of a final judgment being entered against the deposit or security referred to in subsection (2) of this section, the director shall, upon receipt of a certified copy of the final judgment, order said judgment to be paid from the amount of the deposit or security. [1977 ex.s. c 51 § 4; 1969 ex.s. c 228 § 9.] [Title 19 RCW—page 80] 19.31.100 Application—Contents—Filing—Qualifications of applicants and licensees—Waiver—Exceptions. (1) Every applicant for an employment agency’s license or a renewal thereof shall file with the director a written application stating the name and address of the applicant; the street and number of the building in which the business of the employment agency is to be conducted; the name of the person who is to have the general management of the office; the name under which the business of the office is to be carried on; whether or not the applicant is pecuniarily interested in the business to be carried on under the license; shall be signed by the applicant and sworn to before a notary public; and shall identify anyone holding over twenty percent interest in the agency. If the applicant is a corporation, the application shall state the names and addresses of the officers and directors of the corporation, and shall be signed and sworn to by the president and secretary thereof. If the applicant is a partnership, the application shall also state the names and addresses of all partners therein, and shall be signed and sworn to by all of them. The application shall also state whether or not the applicant is, at the time of making the application, or has at any previous time been engaged in or interested in or employed by anyone engaged in the business of an employment agency. (2) The application shall require a certification that no officer or holder of more than twenty percent interest in the business has been convicted of a felony within ten years of the application which directly relates to the business for which the license is sought, or had any judgment entered against such person in any civil action involving fraud, misrepresentation, or conversion. (3) All applications for employment agency licenses shall be accompanied by a copy of the form of contract and fee schedule to be used between the employment agency and the applicant. (4) No license to operate an employment agency in this state shall be issued, transferred, renewed, or remain in effect, unless the person who has or is to have the general management of the office has qualified pursuant to this section. The director may, for good cause shown, waive the requirement imposed by this section for a period not to exceed one hundred and twenty days. Persons who have been previously licensed or who have operated to the satisfaction of the director for at least one year prior to September 21, 1977 as a general manager shall be entitled to operate for up to one year from such date before being required to qualify under this section. In order to qualify, such person shall, through testing procedures developed by the director, show that such person has a knowledge of this law, pertinent labor laws, and laws against discrimination in employment in this state and of the United States. Said examination shall be given at least once each quarter and a fee for such examination shall be established by the director. Nothing in this chapter shall be construed to preclude any one natural person from being designated as the person who is to have the general management of up to three offices operated by any one licensee. While employment directories may at the director’s discretion be required to show that the person has a knowledge of this chapter, employment directories are exempt from testing on pertinent labor laws, and laws against discrimination in employment in this state and of the United States. 19.31.100 (2008 Ed.) Employment Agencies (5) Employment directories shall register with the department and meet all applicable requirements of this chapter but shall not be required to be licensed by the department or pay a licensing fee. [1993 c 499 § 4; 1982 c 227 § 14; 1977 ex.s. c 51 § 5; 1969 ex.s. c 228 § 10.] Effective date—1982 c 227: See note following RCW 19.09.100. 19.31.110 Expiration date of license—Reinstatement. An employment agency license shall expire June 30th. Any such license not renewed may be reinstated if the employment agency can show good cause to the director for renewal of the license and present proof of intent to continue to act as an employment agency: PROVIDED, That no license shall be issued upon such application for reinstatement until all fees and penalties previously accrued under this chapter have been paid. [1977 ex.s. c 51 § 6; 1969 ex.s. c 228 § 11.] 19.31.110 19.31.120 Transfer of license. No license granted pursuant to this chapter shall be transferable without the consent of the director. No employment agency shall permit any person not mentioned in the license application to become connected with the business as an owner, member, officer, or director without the consent of the director. Consent may be withheld for any reason for which an original application for a license might have been rejected, if the person in question had been mentioned therein. [1969 ex.s. c 228 § 12.] 19.31.120 19.31.130 License sanction—Grounds—Support order, noncompliance. (1) In accordance with the provisions of chapter 34.05 RCW, the director may by order sanction the license of any employment agency under RCW 18.235.110, if the director finds that the applicant or licensee has violated any provisions of this chapter, or failed to comply with any rule or regulation issued by the director pursuant to this chapter. (2) The director shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director’s receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order. [2002 c 86 § 270; 1997 c 58 § 848; 1969 ex.s. c 228 § 13.] 19.31.170 new contracts and/or fee schedules. [1985 c 7 § 84; 1975 1st ex.s. c 30 § 92; 1969 ex.s. c 228 § 14.] 19.31.150 Employment condition precedent to charging fee—Exceptions. (1) Except as otherwise provided in subsections (2) and (3) of this section, no employment agency shall charge or accept a fee or other consideration from an applicant without complying with the terms of a written contract as specified in RCW 19.31.040, and then only after such agency has been responsible for referring such job applicant to an employer or such employer to a job applicant and where as a result thereof such job applicant has been employed by such employer. (2) Employment listing services may charge or accept a fee when they provide the applicant with the job listing or the referral. (3) An employment directory may charge or accept a fee when it provides the applicant with the directory. [1993 c 499 § 5; 1969 ex.s. c 228 § 15.] 19.31.150 19.31.160 Charging fee or payment contrary to chapter—Return of excess. Any employment agency which collects, receives, or retains a fee or other payment contrary to the provisions of this chapter or to the rules and regulations adopted pursuant to this chapter shall return the excessive portion of the fee within seven days after receiving a demand therefor from the director. [1969 ex.s. c 228 § 16.] 19.31.160 19.31.130 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 19.31.140 Fees for licensees. The director shall determine the fees, as provided in RCW 43.24.086, charged to those parties licensed as employment agencies for original applications, renewal per year, branch license, both original and renewal, transfer of license, and approval of amended or 19.31.140 (2008 Ed.) 19.31.170 Limitations on fee amounts—Refunds— Exceptions. (1) If an applicant accepts employment by agreement with an employer and thereafter never reports for work, the gross fee charged to the applicant shall not exceed: (a) Ten percent of what the first month’s gross salary or wages would be, if known; or (b) ten percent of the first month’s drawing account. If the employment was to have been on a commission basis without any drawing account, then no fee may be charged in the event that the applicant never reports for work. (2) If an applicant accepts employment on a commission basis without any drawing account, then the gross fee charged such applicant shall be a percentage of commissions actually earned. (3) If an applicant accepts employment and if within sixty days of his reporting for work the employment is terminated, then the gross fee charged such applicant shall not exceed twenty percent of the gross salary, wages or commission received by him. (4) If an applicant accepts temporary employment as a domestic, household employee, baby sitter, agricultural worker, or day laborer, then the gross fee charged such applicant shall not be in excess of twenty-five percent of the first full month’s gross salary or wages: PROVIDED, That where an applicant accepts employment as a domestic or household employee for a period of less than one month, then the gross fee charged such applicant shall not exceed twenty-five percent of the gross salary or wages paid. (5) Any applicant requesting a refund of a fee paid to an employment agency in accordance with the terms of the approved fee schedule of the employment agency pursuant to this section shall file with the employment agency a form 19.31.170 [Title 19 RCW—page 81] 19.31.180 Title 19 RCW: Business Regulations—Miscellaneous requesting such refund on which shall be set forth information reasonably needed and requested by the employment agency, including but not limited to the following: Circumstances under which employment was terminated, dates of employment, and gross earnings of the applicant. (6) Refund requests which are not in dispute shall be made by the employment agency within thirty days of receipt. (7) Subsections (1) through (6) of this section do not apply to employment listing services or employment directories. [1993 c 499 § 6; 1977 ex.s. c 51 § 7; 1969 ex.s. c 228 § 17.] 19.31.180 Posting of fee limitation and remedy provisions. Each licensee shall post the following in a conspicuous place in each office in which it conducts business: (1) The substance of RCW 19.31.150 through 19.31.170; and (2) a name and address provided by the director, in a form prescribed by him, of a person to whom complaints concerning possible violation of this chapter may be made. All words required to be posted pursuant to this section shall be printed in ten point bold face type. [1969 ex.s. c 228 § 18.] 19.31.180 19.31.190 Rules of conduct—Complaints. In addition to the other provisions of this chapter the following rules shall govern each and every employment agency: (1) Every license or a verified copy thereof shall be displayed in a conspicuous place in each office of the employment agency; (2) No fee shall be solicited or accepted as an application or registration fee by any employment agency solely for the purpose of being registered as an applicant for employment; (3) No licensee or agent of the licensee shall solicit, persuade, or induce an employee to leave any employment in which the licensee or agent of the licensee has placed the employee; nor shall any licensee or agent of the licensee persuade or induce or solicit any employer to discharge any employee; (4) No employment agency shall knowingly cause to be printed or published a false or fraudulent notice or advertisement for obtaining work or employment. All advertising by a licensee shall signify that it is an employment agency solicitation except an employment listing service shall advertise it is an employment listing service; (5) An employment directory shall include the following on all advertisements: "Directory provides information on possible employers and general employment information but does not list actual job openings."; (6) No licensee shall fail to state in any advertisement, proposal or contract for employment that there is a strike or lockout at the place of proposed employment, if he has knowledge that such condition exists; (7) No licensee or agent of a licensee shall directly or indirectly split, divide, or share with an employer any fee, charge, or compensation received from any applicant who has obtained employment with such employer or with any other person connected with the business of such employer; (8) When an applicant is referred to the same employer by two licensees, the fee shall be paid to the licensee who first 19.31.190 [Title 19 RCW—page 82] contacted the applicant concerning the position for that applicant: PROVIDED, That the licensee has given the name of the employer to the applicant and has within five working days arranged an interview with the employer and the applicant was hired as the result of that interview; (9) No licensee shall require in any manner that a potential employee or an employee of an employer make any contract with any lending agency for the purpose of fulfilling a financial obligation to the licensee; (10) All job listings must be bona fide job listings. To qualify as a bona fide job listing the following conditions must be met: (a) A bona fide job listing must be obtained from a representative of the employer that reflects an actual current job opening; (b) A representative of the employer must be aware of the fact that the job listing will be made available to applicants by the employment listing service and that applicants will be applying for the job listing; (c) All job listings and referrals must be current. To qualify as a current job listing the employment listing service shall contact the employer and verify the availability of the job listing no less than once per week; (11) All listings for employers listed in employment directories shall be current. To qualify as a current employer, the employment directory must contact the employer at least once per month and verify that the employer is currently hiring; (12) Any aggrieved person, firm, corporation, or public officer may submit a written complaint to the director charging the holder of an employment agency license with violation of this chapter and/or the rules and regulations adopted pursuant to this chapter. [1993 c 499 § 7; 1977 ex.s. c 51 § 8; 1969 ex.s. c 228 § 19.] 19.31.210 Enforcement. The director may refer such evidence as may be available to him concerning violations of this chapter or of any rule or regulation adopted hereunder to the attorney general or the prosecuting attorney of the county wherein the alleged violation arose, who may, in their discretion, with or without such a reference, in addition to any other action they might commence, bring an action in the name of the state against any person to restrain and prevent the doing of any act or practice prohibited by this chapter: PROVIDED, That this chapter shall be considered in conjunction with chapters 9.04 and 19.86 RCW, as now or hereafter amended, and the powers and duties of the attorney general and the prosecuting attorney as they may appear in the aforementioned chapters, shall apply against all persons subject to this chapter. [1969 ex.s. c 228 § 21.] 19.31.210 19.31.220 Assurance of discontinuance of violation. In the enforcement of this chapter, the attorney general and/or any said prosecuting attorney may accept an assurance of discontinuance from any person deemed in violation of any provisions of this chapter. Any such assurance shall be in writing and shall be filed with and subject to the approval of the superior court of the county in which the alleged violator resides or has his principal place of business, or in Thurston county. [1969 ex.s. c 228 § 22.] 19.31.220 (2008 Ed.) Washington Electronic Authentication Act 19.31.230 Civil penalty. Any person who violates the terms of any court order or temporary or permanent injunction issued pursuant to this chapter, shall forfeit and pay a civil penalty of not more than five thousand dollars. For the purpose of this section the superior court issuing any injunction shall retain continuing jurisdiction and in such cases the attorney general and/or the prosecuting attorney acting in the name of the state may petition for the recovery of civil penalties. [1969 ex.s. c 228 § 23.] 19.31.230 19.31.240 Service of process outside state. Personal service of any process in an action under this chapter may be made upon any person outside the state if such person has engaged in conduct in violation of this chapter which conduct has had impact in this state which this chapter reprehends. Such person shall be deemed to have thereby submitted himself to the jurisdiction of the courts of this state within the meaning of RCW 4.28.180 and 4.28.185, as now or hereafter amended. [1969 ex.s. c 228 § 24.] 19.31.240 19.31.245 Registration or licensing prerequisite to suit by employment agency—Action against unregistered or unlicensed employment agency. (1) No employment agency may bring or maintain a cause of action in any court of this state for compensation for, or seeking equitable relief in regard to, services rendered employers and applicants, unless such agency shall allege and prove that at the time of rendering the services in question, or making the contract therefor, it was registered with the department or the holder of a valid license issued under this chapter. (2) Any person who shall give consideration of any kind to any employment agency for the performance of employment services in this state when said employment agency shall not be registered with the department or be the holder of a valid license issued under this chapter shall have a cause of action against the employment agency. Any court having jurisdiction may enter judgment therein for treble the amount of such consideration so paid, plus reasonable attorney’s fees and costs. (3) A person performing the services of an employment agency, employment listing service, or employment directory without being registered with the department or holding a valid license shall cease operations or immediately apply for a valid license or register with the department. If the person continues to operate in violation of this chapter the director or the attorney general has a cause of action in any court having jurisdiction for the return of any consideration paid by any person to the agency. The court may enter judgment in the action for treble the amount of the consideration so paid, plus reasonable attorney’s fees and costs. [1993 c 499 § 8; 1990 c 70 § 2; 1977 ex.s. c 51 § 10.] 19.31.245 19.31.250 Chapter provisions exclusive—Authority of political subdivisions not affected. (1) The provisions of this chapter relating to the regulation of private employment agencies shall be exclusive. (2) This chapter shall not be construed to affect or reduce the authority of any political subdivision of the state of Washington to provide for the licensing of private employment agencies solely for revenue purposes. [1969 ex.s. c 228 § 25.] 19.31.250 (2008 Ed.) Chapter 19.34 19.31.260 Administrative procedure act to govern administration. The administration of this chapter shall be governed by the provisions of the administrative procedure act, chapter 34.05 RCW, as now or hereafter amended. [1969 ex.s. c 228 § 26.] 19.31.260 19.31.270 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 271.] 19.31.270 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 19.31.900 Severability—1969 ex.s. c 228. If any provision of this act is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the act and the applicability thereof to other persons and circumstances shall not be affected thereby. [1969 ex.s. c 228 § 27.] 19.31.900 19.31.910 Effective date—1969 ex.s. c 228. This act shall become effective July 1, 1969. [1969 ex.s. c 228 § 28.] 19.31.910 Chapter 19.34 Chapter 19.34 RCW WASHINGTON ELECTRONIC AUTHENTICATION ACT Sections 19.34.010 19.34.020 19.34.030 19.34.040 19.34.100 19.34.101 19.34.110 19.34.111 19.34.120 19.34.130 19.34.200 19.34.210 19.34.220 19.34.230 19.34.231 19.34.240 19.34.250 19.34.260 19.34.270 19.34.280 19.34.290 Purpose and construction. Definitions. Secretary—Duties. Secretary—Fees—Disposition. Certification authorities—Licensure—Qualifications—Revocation and suspension. Expiration of licenses—Renewal—Rules. Compliance audits. Qualifications of auditor signing report of opinion—Compliance audits under state auditor’s authority. Licensed certification authorities—Enforcement—Suspension or revocation—Penalties—Rules—Costs—Procedure— Injunctions. Certification authorities—Prohibited activities—Statement by secretary advising of certification authorities creating prohibited risks—Protest—Hearing—Disposition—Notice— Procedure. Licensed certification authorities—Requirements. Certificate—Issuance—Confirmation of information—Confirmation of prospective subscriber—Standards, statements, plans, requirements more rigorous than chapter—Revocation, suspension—Investigation—Notice—Procedure. Licensed certification authorities—Warranties, obligations upon issuance of certificate—Notice. Subscribers—Representations and duties upon acceptance of certificate. Signature of a unit of government required—City or county as certification authority—Unit of state government prohibited from being certification authority—Exceptions. Private key—Control—Public disclosure exemption. Suspension of certificate—Evidence—Investigation— Notice—Termination—Limitation or preclusion by contract—Misrepresentation—Penalty—Contracts for regional enforcement by agencies—Rules. Revocation of certificate—Confirmation—Notice—Release from security duty—Discharge of warranties. Certificate—Expiration. Recommended reliance limit—Liability—Damages. Collection based on suitable guaranty—Proceeds—Attorneys’ fees—Costs—Notice—Recovery of qualified right of payment. [Title 19 RCW—page 83] 19.34.010 19.34.291 19.34.300 19.34.305 19.34.310 19.34.311 19.34.320 19.34.321 19.34.330 19.34.340 19.34.350 19.34.351 19.34.360 19.34.400 19.34.410 19.34.420 19.34.500 19.34.501 19.34.502 19.34.503 19.34.900 19.34.901 19.34.902 19.34.903 Title 19 RCW: Business Regulations—Miscellaneous Discontinuation of certification authority services—Duties of authority—Continuation of guaranty—Process to maintain and update records—Rules—Costs. Satisfaction of signature requirements. Acceptance of digital signature in reasonable manner. Unreliable digital signatures—Risk. Reasonableness of reliance—Factors. Digital message as written on paper—Requirements—Other requirements not affected—Exception from uniform commercial code. Acceptance of certified court documents in electronic form— Requirements—Rules of court on use in proceedings. Digital message deemed original. Certificate as acknowledgment—Requirements—Exception—Responsibility of certification authority. Adjudicating disputes—Presumptions. Alteration of chapter by agreement—Exceptions. Presumptions of validity/limitations on liability—Conformance with chapter. Recognition of repositories—Application—Discontinuance— Procedure. Repositories—Liability—Exemptions—Liquidation, limitation, alteration, or exclusion of damages. Confidentiality of certain records—Limited access to state auditor. Rule making. Chapter supersedes and preempts local actions. Criminal prosecution not precluded—Remedies not exclusive—Injunctive relief availability. Jurisdiction, venue, choice of laws. Short title. Effective date—1996 c 250. Severability—1996 c 250. Part headings and section captions not law—1996 c 250. Digital signature violations: RCW 9.38.060. 19.34.010 Purpose and construction. This chapter shall be construed consistently with what is commercially reasonable under the circumstances and to effectuate the following purposes: (1) To facilitate commerce by means of reliable electronic messages; (2) To ensure that electronic signatures are not denied legal recognition solely because they are in electronic form; (3) To provide a voluntary licensing mechanism for digital signature certification authorities by which businesses, consumers, courts, government agencies, and other entities can reasonably be assured as to the integrity, authenticity, and nonrepudiation of a digitally signed electronic communication; (4) To establish procedures governing the use of digital signatures for official public business to provide reasonable assurance of the integrity, authenticity, and nonrepudiation of an electronic communication; (5) To minimize the incidence of forged digital signatures and fraud in electronic commerce; (6) To implement legally the general import of relevant standards; and (7) To establish, in coordination with states and other jurisdictions, uniform rules regarding the authentication and reliability of electronic messages. [1999 c 287 § 1; 1996 c 250 § 102.] 19.34.010 Effective date—1999 c 287: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 13, 1999]." [1999 c 287 § 20.] 19.34.020 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter: 19.34.020 [Title 19 RCW—page 84] (1) "Accept a certificate" means to manifest approval of a certificate, while knowing or having notice of its contents. Such approval may be manifested by the use of the certificate. (2) "Accept a digital signature" means to verify a digital signature or take an action in reliance on a digital signature. (3) "Asymmetric cryptosystem" means an algorithm or series of algorithms that provide a secure key pair. (4) "Certificate" means a computer-based record that: (a) Identifies the certification authority issuing it; (b) Names or identifies its subscriber; (c) Contains the subscriber’s public key; and (d) Is digitally signed by the certification authority issuing it. (5) "Certification authority" means a person who issues a certificate. (6) "Certification authority disclosure record" means an online, publicly accessible record that concerns a licensed certification authority and is kept by the secretary. (7) "Certification practice statement" means a declaration of the practices that a certification authority employs in issuing certificates. (8) "Certify" means to declare with reference to a certificate, with ample opportunity to reflect, and with a duty to apprise oneself of all material facts. (9) "Confirm" means to ascertain through appropriate inquiry and investigation. (10) "Correspond," with reference to keys, means to belong to the same key pair. (11) "Digital signature" means an electronic signature that is a transformation of a message using an asymmetric cryptosystem such that a person having the initial message and the signer’s public key can accurately determine: (a) Whether the transformation was created using the private key that corresponds to the signer’s public key; and (b) Whether the initial message has been altered since the transformation was made. (12) "Electronic" means electrical, digital, magnetic, optical, electromagnetic, or any other form of technology that entails capabilities similar to these technologies. (13) "Electronic record" means a record generated, communicated, received, or stored by electronic means for use in an information system or for transmission from one information system to another. (14) "Electronic signature" means a signature in electronic form attached to or logically associated with an electronic record, including but not limited to a digital signature. (15) "Financial institution" means a national or statechartered commercial bank or trust company, savings bank, savings association, or credit union authorized to do business in the state of Washington and the deposits of which are federally insured. (16) "Forge a digital signature" means either: (a) To create a digital signature without the authorization of the rightful holder of the private key; or (b) To create a digital signature verifiable by a certificate listing as subscriber a person who either: (i) Does not exist; or (ii) Does not hold the private key corresponding to the public key listed in the certificate. (2008 Ed.) Washington Electronic Authentication Act (17) "Hold a private key" means to be authorized to utilize a private key. (18) "Incorporate by reference" means to make one message a part of another message by identifying the message to be incorporated and expressing the intention that it be incorporated. (19) "Issue a certificate" means the acts of a certification authority in creating a certificate and notifying the subscriber listed in the certificate of the contents of the certificate. (20) "Key pair" means a private key and its corresponding public key in an asymmetric cryptosystem, keys which have the property that the public key can verify a digital signature that the private key creates. (21) "Licensed certification authority" means a certification authority to whom a license has been issued by the secretary and whose license is in effect. (22) "Message" means a digital representation of information. (23) "Notify" means to communicate a fact to another person in a manner reasonably likely under the circumstances to impart knowledge of the information to the other person. (24) "Official public business" means any legally authorized transaction or communication among state agencies, tribes, and local governments, or between a state agency, tribe, or local government and a private person or entity. (25) "Operative personnel" means one or more natural persons acting as a certification authority or its agent, or in the employment of, or under contract with, a certification authority, and who have: (a) Duties directly involving the issuance of certificates, or creation of private keys; (b) Responsibility for the secure operation of the trustworthy system used by the certification authority or any recognized repository; (c) Direct responsibility, beyond general supervisory authority, for establishing or adopting policies regarding the operation and security of the certification authority; or (d) Such other responsibilities or duties as the secretary may establish by rule. (26) "Person" means a human being or an organization capable of signing a document, either legally or as a matter of fact. (27) "Private key" means the key of a key pair used to create a digital signature. (28) "Public key" means the key of a key pair used to verify a digital signature. (29) "Publish" means to make information publicly available. (30) "Qualified right to payment" means an award of damages against a licensed certification authority by a court having jurisdiction over the certification authority in a civil action for violation of this chapter. (31) "Recipient" means a person who has received a certificate and a digital signature verifiable with reference to a public key listed in the certificate and is in a position to rely on it. (32) "Recognized repository" means a repository recognized by the secretary under RCW 19.34.400. (33) "Recommended reliance limit" means the monetary amount recommended for reliance on a certificate under RCW 19.34.280(1). (2008 Ed.) 19.34.020 (34) "Repository" means a system for storing and retrieving certificates and other information relevant to digital signatures. (35) "Revoke a certificate" means to make a certificate ineffective permanently from a specified time forward. Revocation is effected by notation or inclusion in a set of revoked certificates, and does not imply that a revoked certificate is destroyed or made illegible. (36) "Rightfully hold a private key" means the authority to utilize a private key: (a) That the holder or the holder’s agents have not disclosed to a person in violation of RCW 19.34.240(1); and (b) That the holder has not obtained through theft, deceit, eavesdropping, or other unlawful means. (37) "Secretary" means the secretary of state. (38) "Subscriber" means a person who: (a) Is the subject listed in a certificate; (b) Applies for or accepts the certificate; and (c) Holds a private key that corresponds to a public key listed in that certificate. (39) "Suitable guaranty" means either a surety bond executed by a surety authorized by the insurance commissioner to do business in this state, or an irrevocable letter of credit issued by a financial institution authorized to do business in this state, which, in either event, satisfies all of the following requirements: (a) It is issued payable to the secretary for the benefit of persons holding qualified rights of payment against the licensed certification authority named as the principal of the bond or customer of the letter of credit; (b) It is in an amount specified by rule by the secretary under RCW 19.34.030; (c) It states that it is issued for filing under this chapter; (d) It specifies a term of effectiveness extending at least as long as the term of the license to be issued to the certification authority; and (e) It is in a form prescribed or approved by rule by the secretary. A suitable guaranty may also provide that the total annual liability on the guaranty to all persons making claims based on it may not exceed the face amount of the guaranty. (40) "Suspend a certificate" means to make a certificate ineffective temporarily for a specified time forward. (41) "Time stamp" means either: (a) To append or attach a digitally signed notation indicating at least the date, time, and identity of the person appending or attaching the notation to a message, digital signature, or certificate; or (b) The notation thus appended or attached. (42) "Transactional certificate" means a valid certificate incorporating by reference one or more digital signatures. (43) "Trustworthy system" means computer hardware and software that: (a) Are reasonably secure from intrusion and misuse; and (b) Conform with the requirements established by the secretary by rule. (44) "Valid certificate" means a certificate that: (a) A licensed certification authority has issued; (b) The subscriber listed in it has accepted; (c) Has not been revoked or suspended; and (d) Has not expired. [Title 19 RCW—page 85] 19.34.030 Title 19 RCW: Business Regulations—Miscellaneous However, a transactional certificate is a valid certificate only in relation to the digital signature incorporated in it by reference. (45) "Verify a digital signature" means, in relation to a given digital signature, message, and public key, to determine accurately that: (a) The digital signature was created by the private key corresponding to the public key; and (b) The message has not been altered since its digital signature was created. [2000 c 171 § 50; 1999 c 287 § 2; 1997 c 27 § 30; 1996 c 250 § 103.] Effective date—1999 c 287: See note following RCW 19.34.010. Effective date—Severability—1997 c 27: See notes following RCW 19.34.030. 19.34.030 Secretary—Duties. (1) The secretary must publish a certification authority disclosure record for each licensed certification authority, and a list of all judgments filed with the secretary, within the previous five years, under RCW 19.34.290. (2) The secretary may adopt rules consistent with this chapter and in furtherance of its purposes: (a) To license certification authorities, recognize repositories, certify operative personnel, and govern the practices of each; (b) To determine the form and amount reasonably appropriate for a suitable guaranty, in light of the burden a suitable guaranty places upon licensed certification authorities and the assurance of quality and financial responsibility it provides to persons who rely on certificates issued by licensed certification authorities; (c) To specify reasonable requirements for information to be contained in or the form of certificates, including transactional certificates, issued by licensed certification authorities, in accordance with generally accepted standards for digital signature certificates; (d) To specify reasonable requirements for recordkeeping by licensed certification authorities; (e) To specify reasonable requirements for the content, form, and sources of information in certification authority disclosure records, the updating and timeliness of the information, and other practices and policies relating to certification authority disclosure records; (f) To specify the form of and information required in certification practice statements, as well as requirements regarding the publication of certification practice statements; (g) To specify the procedure and manner in which a certificate may be suspended or revoked, as consistent with this chapter; (h) To specify the procedure and manner by which the laws of other jurisdictions may be recognized, in order to further uniform rules regarding the authentication and reliability of electronic messages; and (i) Otherwise to give effect to and implement this chapter. (3) The secretary may act as a certification authority, and the certificates issued by the secretary shall be treated as having been issued by a licensed certification authority. [1999 c 287 § 4; 1997 c 27 § 1; 1996 c 250 § 104.] 19.34.030 Effective date—1999 c 287: See note following RCW 19.34.010. [Title 19 RCW—page 86] Effective date—1997 c 27: "Sections 1 through 23, 25 through 27, and 29 through 34 of this act take effect January 1, 1998." [1997 c 27 § 35.] Severability—1997 c 27: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1997 c 27 § 36.] 19.34.040 Secretary—Fees—Disposition. The secretary may adopt rules establishing reasonable fees for all services rendered by the secretary under this chapter, in amounts that are reasonably calculated to be sufficient to compensate for the costs of all services under this chapter, but that are not estimated to exceed those costs in the aggregate. All fees recovered by the secretary must be deposited in the state general fund. [1997 c 27 § 2; 1996 c 250 § 105.] 19.34.040 Effective date—Severability—1997 c 27: See notes following RCW 19.34.030. 19.34.100 Certification authorities—Licensure— Qualifications—Revocation and suspension. (1) To obtain or retain a license, a certification authority must: (a) Provide proof of identity to the secretary; (b) Employ only certified operative personnel in appropriate positions; (c) File with the secretary an appropriate, suitable guaranty, unless the certification authority is a city or county that is self-insured or the department of information services; (d) Use a trustworthy system; (e) Maintain an office in this state or have established a registered agent for service of process in this state; and (f) Comply with all further licensing and practice requirements established by rule by the secretary. (2) The secretary may by rule create license classifications according to specified limitations, and the secretary may issue licenses restricted according to the limits of each classification. (3) The secretary may impose license restrictions specific to the practices of an individual certification authority. The secretary shall set forth in writing and maintain as part of the certification authority’s license application file the basis for such license restrictions. (4) The secretary may revoke or suspend a certification authority’s license, in accordance with the administrative procedure act, chapter 34.05 RCW, for failure to comply with this chapter or for failure to remain qualified under subsection (1) of this section. The secretary may order the summary suspension of a license pending proceedings for revocation or other action, which must be promptly instituted and determined, if the secretary includes within a written order a finding that the certification authority has either: (a) Utilized its license in the commission of a violation of a state or federal criminal statute or of chapter 19.86 RCW; or (b) Engaged in conduct giving rise to a serious risk of loss to public or private parties if the license is not immediately suspended. (5) The secretary may recognize by rule the licensing or authorization of certification authorities by other governmental entities, in whole or in part, provided that those licensing or authorization requirements are substantially similar to those of this state. If licensing by another government is so recognized: 19.34.100 (2008 Ed.) Washington Electronic Authentication Act (a) RCW 19.34.300 through 19.34.350 apply to certificates issued by the certification authorities licensed or authorized by that government in the same manner as it applies to licensed certification authorities of this state; and (b) The liability limits of RCW 19.34.280 apply to the certification authorities licensed or authorized by that government in the same manner as they apply to licensed certification authorities of this state. (6) A certification authority that has not obtained a license is not subject to the provisions of this chapter, except as specifically provided. [1999 c 287 § 5; 1998 c 33 § 1; 1997 c 27 § 3; 1996 c 250 § 201.] Effective date—1999 c 287: See note following RCW 19.34.010. Effective date—Severability—1997 c 27: See notes following RCW 19.34.030. 19.34.101 Expiration of licenses—Renewal—Rules. Licenses issued under this chapter expire one year after issuance, except that the secretary may provide by rule for a longer duration. The secretary shall provide, by rule, for a system of license renewal, which may include requirements for continuing education. [1997 c 27 § 4.] 19.34.101 Effective date—Severability—1997 c 27: See notes following RCW 19.34.030. 19.34.110 Compliance audits. (1) A licensed certification authority shall obtain a compliance audit at such times and in such manner as directed by rule of the secretary. If the certification authority is also a recognized repository, the audit must include the repository. (2) The certification authority shall file a copy of the audit report with the secretary. The secretary may provide by rule for filing of the report in an electronic format and may publish the report in the certification authority disclosure record it maintains for the certification authority. [1999 c 287 § 6; 1997 c 27 § 5; 1996 c 250 § 202.] 19.34.110 Effective date—1999 c 287: See note following RCW 19.34.010. Effective date—Severability—1997 c 27: See notes following RCW 19.34.030. 19.34.130 Rules—Costs—Procedure—Injunctions. (1) The secretary may investigate the activities of a licensed certification authority material to its compliance with this chapter and issue orders to a certification authority to further its investigation and secure compliance with this chapter. (2) The secretary may suspend or revoke the license of a certification authority for its failure to comply with an order of the secretary. (3) The secretary may by order impose and collect a civil penalty against a licensed certification authority for a violation of this chapter. The penalty shall not exceed ten thousand dollars per incident, or ninety percent of the recommended reliance limit of a material certificate, whichever is less. In case of a violation continuing for more than one day, each day is considered a separate incident. The secretary may adopt rules setting forth the standards governing the exercise of the secretary’s discretion as to penalty amounts. In the case of a state agency authorized by law to be a licensed certification authority, the sole penalty imposed under this subsection shall consist of specific findings of noncompliance and an order requiring compliance with this chapter and the rules of the secretary. Any penalty imposed under this chapter and chapter 34.05 RCW shall be enforceable in any court of competent jurisdiction. (4) The secretary may order a certification authority, which it has found to be in violation of this chapter, to pay the costs incurred by the secretary in prosecuting and adjudicating proceedings relative to the order, and enforcing it. (5) The secretary must exercise authority under this section in accordance with the administrative procedure act, chapter 34.05 RCW, and a licensed certification authority may obtain judicial review of the secretary’s actions as prescribed by chapter 34.05 RCW. The secretary may also seek injunctive relief to compel compliance with an order. [1999 c 287 § 8; 1997 c 27 § 7; 1996 c 250 § 203.] Effective date—1999 c 287: See note following RCW 19.34.010. Effective date—Severability—1997 c 27: See notes following RCW 19.34.030. 19.34.130 Certification authorities—Prohibited activities—Statement by secretary advising of certification authorities creating prohibited risks—Protest— Hearing—Disposition—Notice—Procedure. (1) No certification authority, whether licensed or not, may conduct its business in a manner that creates an unreasonable risk of loss to subscribers of the certification authority, to persons relying on certificates issued by the certification authority, or to a repository. (2) The secretary may publish brief statements advising subscribers, persons relying on digital signatures, or other repositories about activities of a certification authority, whether licensed or not, that create a risk prohibited by subsection (1) of this section. The certification authority named in a statement as creating or causing such a risk may protest the publication of the statement by filing a written defense of ten thousand bytes or less. Upon receipt of such a protest, the secretary must publish the protest along with the secretary’s statement, and must promptly give the protesting certification authority notice and an opportunity to be heard. Following the hearing, the secretary must rescind the advisory statement if its publication was unwarranted under this section, cancel 19.34.130 19.34.111 Qualifications of auditor signing report of opinion—Compliance audits under state auditor’s authority. (1) An auditor signing a report of opinion as to a compliance audit required by RCW 19.34.110 must: (a) Be a certified public accountant, licensed under chapter 18.04 RCW or equivalent licensing statute of another jurisdiction; and (b) Meet such other qualifications as the secretary may establish by rule. (2) The compliance audits of state agencies and local governments who are licensed certification authorities, and the secretary, must be performed under the authority of the state auditor. The state auditor may contract with private entities as needed to comply with this chapter. [1999 c 287 § 7; 1997 c 27 § 6.] 19.34.111 Effective date—1999 c 287: See note following RCW 19.34.010. Effective date—Severability—1997 c 27: See notes following RCW 19.34.030. 19.34.120 Licensed certification authorities— Enforcement—Suspension or revocation—Penalties— 19.34.120 (2008 Ed.) [Title 19 RCW—page 87] 19.34.200 Title 19 RCW: Business Regulations—Miscellaneous it if its publication is no longer warranted, continue or amend it if it remains warranted, or take further legal action to eliminate or reduce a risk prohibited by subsection (1) of this section. The secretary must publish its decision in the repository it provides. (3) In the manner provided by the administrative procedure act, chapter 34.05 RCW, the secretary may issue orders and obtain injunctions or other civil relief to prevent or restrain a certification authority from violating this section, regardless of whether the certification authority is licensed. This section does not create a right of action in a person other than the secretary. [1999 c 287 § 9; 1996 c 250 § 204.] Effective date—1999 c 287: See note following RCW 19.34.010. 19.34.200 19.34.200 Licensed certification authorities— Requirements. (1) A licensed certification authority shall use only a trustworthy system to issue, suspend, or revoke certificates. A licensed certification authority shall use a recognized repository to publish or give notice of the issuance, suspension, or revocation of a certificate. (2) A licensed certification authority shall publish a certification practice statement in accordance with the rules established by the secretary. The secretary shall publish the certification practice statements of licensed certification authorities submitted as part of the licensing process in a manner similar to the publication of the certification authority disclosure record. (3) A licensed certification authority shall knowingly employ as operative personnel only persons who have not been convicted within the past seven years of a felony and have never been convicted of a crime involving fraud, false statement, or deception. For purposes of this subsection, a certification authority knowingly employs such a person if the certification authority knew of a conviction, or should have known based on information required by rule of the secretary. Operative personnel employed by a licensed certification authority must also be persons who have demonstrated knowledge and proficiency in following the requirements of this chapter. The secretary may provide by rule for the certification of operative personnel, and provide by rule for the manner in which criminal background information is provided as part of the certification process, as well as the manner in which knowledge and proficiency in following the requirements of this chapter may be demonstrated. [1999 c 287 § 10; 1997 c 27 § 8; 1996 c 250 § 301.] Effective date—1999 c 287: See note following RCW 19.34.010. Effective date—Severability—1997 c 27: See notes following RCW 19.34.030. 19.34.210 Certificate—Issuance—Confirmation of information—Confirmation of prospective subscriber— Standards, statements, plans, requirements more rigorous than chapter—Revocation, suspension—Investigation—Notice—Procedure. (1) A licensed certification authority may issue a certificate to a subscriber only after all of the following conditions are satisfied: (a) The certification authority has received a request for issuance signed by the prospective subscriber; and (b) The certification authority has confirmed that: 19.34.210 [Title 19 RCW—page 88] (i) The prospective subscriber is the person to be listed in the certificate to be issued; (ii) If the prospective subscriber is acting through one or more agents, the subscriber duly authorized the agent or agents to have custody of the subscriber’s private key and to request issuance of a certificate listing the corresponding public key; (iii) The information in the certificate to be issued is accurate; (iv) The prospective subscriber rightfully holds the private key corresponding to the public key to be listed in the certificate; (v) The prospective subscriber holds a private key capable of creating a digital signature; (vi) The public key to be listed in the certificate can be used to verify a digital signature affixed by the private key held by the prospective subscriber; and (vii) The certificate provides information sufficient to locate or identify one or more repositories in which notification of the revocation or suspension of the certificate will be listed if the certificate is suspended or revoked. (c) The requirements of this subsection may not be waived or disclaimed by either the licensed certification authority, the subscriber, or both. (2) In confirming that the prospective subscriber is the person to be listed in the certificate to be issued, a licensed certification authority shall make a reasonable inquiry into the subscriber’s identity in light of: (a) Any statements made by the certification authority regarding the reliability of the certificate; (b) The reliance limit of the certificate; (c) Any recommended uses or applications for the certificate; and (d) Whether the certificate is a transactional certificate or not. (3) A certification authority shall be presumed to have confirmed that the prospective subscriber is the person to be listed in a certificate where: (a) The subscriber appears before the certification authority and presents identification documents consisting of at least one of the following: (i) A current identification document issued by or under the authority of the United States, or such similar identification document issued under the authority of another country; (ii) A current driver’s license issued by a state of the United States; or (iii) A current personal identification card issued by a state of the United States; and (b) Operative personnel certified according to law or a notary has reviewed and accepted the identification information of the subscriber. (4) The certification authority may establish policies regarding the publication of certificates in its certification practice statement, which must be adhered to unless an agreement between the certification authority and the subscriber provides otherwise. If the certification authority does not establish such a policy, the certification authority must publish a signed copy of the certificate in a recognized repository. (5) Nothing in this section precludes a licensed certification authority from conforming to standards, certification (2008 Ed.) Washington Electronic Authentication Act practice statements, security plans, or contractual requirements more rigorous than, but nevertheless consistent with, this chapter. (6) After issuing a certificate, a licensed certification authority must revoke it immediately upon confirming that it was not issued as required by this section. A licensed certification authority may also suspend a certificate that it has issued for a period not exceeding five business days as needed for an investigation to confirm grounds for revocation under this subsection. The certification authority must give notice to the subscriber as soon as practicable after a decision to revoke or suspend under this subsection. (7) The secretary may order the licensed certification authority to suspend or revoke a certificate that the certification authority issued, if, after giving any required notice and opportunity for the certification authority and subscriber to be heard in accordance with the administrative procedure act, chapter 34.05 RCW, the secretary determines that: (a) The certificate was issued without substantial compliance with this section; and (b) The noncompliance poses a significant risk to persons relying on the certificate. Upon determining that an emergency requires an immediate remedy, and in accordance with the administrative procedure act, chapter 34.05 RCW, the secretary may issue an order suspending a certificate for a period not to exceed five business days. [1999 c 287 § 11; 1997 c 27 § 9; 1996 c 250 § 302.] Effective date—1999 c 287: See note following RCW 19.34.010. Effective date—Severability—1997 c 27: See notes following RCW 19.34.030. 19.34.220 Licensed certification authorities—Warranties, obligations upon issuance of certificate—Notice. (1) By issuing a certificate, a licensed certification authority warrants to the subscriber named in the certificate that: (a) The certificate contains no information known to the certification authority to be false; (b) The certificate satisfies all material requirements of this chapter; and (c) The certification authority has not exceeded any limits of its license in issuing the certificate. The certification authority may not disclaim or limit the warranties of this subsection. (2) Unless the subscriber and certification authority otherwise agree, a certification authority, by issuing a certificate, promises to the subscriber: (a) To act promptly to suspend or revoke a certificate in accordance with RCW 19.34.250 or 19.34.260; and (b) To notify the subscriber within a reasonable time of any facts known to the certification authority that significantly affect the validity or reliability of the certificate once it is issued. (3) By issuing a certificate, a licensed certification authority certifies to all who reasonably rely on the information contained in the certificate, or on a digital signature verifiable by the public key listed in the certificate, that: (a) The information in the certificate and listed as confirmed by the certification authority is accurate; 19.34.220 (2008 Ed.) 19.34.230 (b) All information foreseeably material to the reliability of the certificate is stated or incorporated by reference within the certificate; (c) The subscriber has accepted the certificate; and (d) The licensed certification authority has complied with all applicable laws of this state governing issuance of the certificate. (4) By publishing a certificate, a licensed certification authority certifies to the repository in which the certificate is published and to all who reasonably rely on the information contained in the certificate that the certification authority has issued the certificate to the subscriber. [1997 c 27 § 32; 1996 c 250 § 303.] Effective date—Severability—1997 c 27: See notes following RCW 19.34.030. 19.34.230 Subscribers—Representations and duties upon acceptance of certificate. (1) By accepting a certificate issued by a licensed certification authority, the subscriber listed in the certificate certifies to all who reasonably rely on the information contained in the certificate that: (a) The subscriber rightfully holds the private key corresponding to the public key listed in the certificate; (b) All representations made by the subscriber to the certification authority and material to the information listed in the certificate are true; and (c) All material representations made by the subscriber to a certification authority or made in the certificate and not confirmed by the certification authority in issuing the certificate are true. (2) By requesting on behalf of a principal the issuance of a certificate naming the principal as subscriber, the requesting person certifies in that person’s own right to all who reasonably rely on the information contained in the certificate that the requesting person: (a) Holds all authority legally required to apply for issuance of a certificate naming the principal as subscriber; and (b) Has authority to sign digitally on behalf of the principal, and, if that authority is limited in any way, adequate safeguards exist to prevent a digital signature exceeding the bounds of the person’s authority. (3) No person may disclaim or contractually limit the application of this section, nor obtain indemnity for its effects, if the disclaimer, limitation, or indemnity restricts liability for misrepresentation as against persons reasonably relying on the certificate. (4) By accepting a certificate, a subscriber undertakes to indemnify the issuing certification authority for loss or damage caused by issuance or publication of a certificate in reliance on: (a) A false and material representation of fact by the subscriber; or (b) The failure by the subscriber to disclose a material fact; if the representation or failure to disclose was made either with intent to deceive the certification authority or a person relying on the certificate, or with negligence. If the certification authority issued the certificate at the request of one or more agents of the subscriber, the agent or agents personally undertake to indemnify the certification authority under this subsection, as if they were accepting subscribers in their own 19.34.230 [Title 19 RCW—page 89] 19.34.231 Title 19 RCW: Business Regulations—Miscellaneous right. The indemnity provided in this section may not be disclaimed or contractually limited in scope. However, a contract may provide consistent, additional terms regarding the indemnification. (5) In obtaining information of the subscriber material to issuance of a certificate, the certification authority may require the subscriber to certify the accuracy of relevant information under oath or affirmation of truthfulness and under penalty of perjury. [1996 c 250 § 304.] 19.34.231 Signature of a unit of government required—City or county as certification authority—Unit of state government prohibited from being certification authority—Exceptions. (1) If a signature of a unit of state or local government, including its appropriate officers or employees, is required by statute, administrative rule, court rule, or requirement of the office of financial management, that unit of state or local government shall become a subscriber to a certificate issued by a licensed certification authority for purposes of conducting official public business with electronic records. (2) A city or county may become a licensed certification authority under RCW 19.34.100 for purposes of providing services to local government, if authorized by ordinance adopted by the city or county legislative authority. (3) A unit of state government, except the secretary and the department of information services, may not act as a certification authority. [1999 c 287 § 12; 1997 c 27 § 10.] 19.34.231 Effective date—1999 c 287: See note following RCW 19.34.010. Effective date—Severability—1997 c 27: See notes following RCW 19.34.030. 19.34.240 Private key—Control—Public disclosure exemption. (1) By accepting a certificate issued by a licensed certification authority, the subscriber identified in the certificate assumes a duty to exercise reasonable care to retain control of the private key and prevent its disclosure to a person not authorized to create the subscriber’s digital signature. The subscriber is released from this duty if the certificate expires or is revoked. (2) A private key is the personal property of the subscriber who rightfully holds it. (3) A private key in the possession of a state agency or local agency, as those terms are defined by RCW 42.17.020, is exempt from public inspection and copying under chapter 42.56 RCW. [2005 c 274 § 235; 1997 c 27 § 11; 1996 c 250 § 305.] 19.34.240 Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. Effective date—Severability—1997 c 27: See notes following RCW 19.34.030. 19.34.250 Suspension of certificate—Evidence— Investigation—Notice—Termination—Limitation or preclusion by contract—Misrepresentation—Penalty—Contracts for regional enforcement by agencies—Rules. (1) Unless the certification authority provides otherwise in the certificate or its certification practice statement, the licensed certification authority that issued a certificate that is not a transactional certificate must suspend the certificate for a period not to exceed five business days: 19.34.250 [Title 19 RCW—page 90] (a) Upon request by a person whom the certification authority reasonably believes to be: (i) The subscriber named in the certificate; (ii) a person duly authorized to act for that subscriber; or (iii) a person acting on behalf of the unavailable subscriber; or (b) By order of the secretary under RCW 19.34.210(7). The certification authority need not confirm the identity or agency of the person requesting suspension. The certification authority may require the person requesting suspension to provide evidence, including a statement under oath or affirmation, regarding the requestor’s identity, authorization, or the unavailability of the subscriber. Law enforcement agencies may investigate suspensions for possible wrongdoing by persons requesting suspension. (2) Unless the certification authority provides otherwise in the certificate or its certification practice statement, the secretary may suspend a certificate issued by a licensed certification authority for a period not to exceed five business days, if: (a) A person identifying himself or herself as the subscriber named in the certificate, a person authorized to act for that subscriber, or a person acting on behalf of that unavailable subscriber requests suspension; and (b) The requester represents that the certification authority that issued the certificate is unavailable. The secretary may require the person requesting suspension to provide evidence, including a statement under oath or affirmation, regarding his or her identity, authorization, or the unavailability of the issuing certification authority, and may decline to suspend the certificate in its discretion. Law enforcement agencies may investigate suspensions by the secretary for possible wrongdoing by persons requesting suspension. (3) Immediately upon suspension of a certificate by a licensed certification authority, the licensed certification authority must give notice of the suspension according to the specification in the certificate. If one or more repositories are specified, then the licensed certification authority must publish a signed notice of the suspension in all the repositories. If a repository no longer exists or refuses to accept publication, or if no repository is recognized under RCW 19.34.400, the licensed certification authority must also publish the notice in a recognized repository. If a certificate is suspended by the secretary, the secretary must give notice as required in this subsection for a licensed certification authority, provided that the person requesting suspension pays in advance any fee required by a repository for publication of the notice of suspension. (4) A certification authority must terminate a suspension initiated by request only: (a) If the subscriber named in the suspended certificate requests termination of the suspension, the certification authority has confirmed that the person requesting suspension is the subscriber or an agent of the subscriber authorized to terminate the suspension; or (b) When the certification authority discovers and confirms that the request for the suspension was made without authorization by the subscriber. However, this subsection (4)(b) does not require the certification authority to confirm a request for suspension. (2008 Ed.) Washington Electronic Authentication Act (5) The contract between a subscriber and a licensed certification authority may limit or preclude requested suspension by the certification authority, or may provide otherwise for termination of a requested suspension. However, if the contract limits or precludes suspension by the secretary when the issuing certification authority is unavailable, the limitation or preclusion is effective only if notice of it is published in the certificate. (6) No person may knowingly or intentionally misrepresent to a certification authority his or her identity or authorization in requesting suspension of a certificate. Violation of this subsection is a gross misdemeanor. (7) The secretary may authorize other state or local governmental agencies to perform any of the functions of the secretary under this section upon a regional basis. The authorization must be formalized by an agreement under chapter 39.34 RCW. The secretary may provide by rule the terms and conditions of the regional services. (8) A suspension under this section must be completed within twenty-four hours of receipt of all information required in this section. [2000 c 171 § 51; 1999 c 287 § 13; 1997 c 27 § 12; 1996 c 250 § 306.] Effective date—1999 c 287: See note following RCW 19.34.010. Effective date—Severability—1997 c 27: See notes following RCW 19.34.030. 19.34.260 Revocation of certificate—Confirmation— Notice—Release from security duty—Discharge of warranties. (1) A licensed certification authority must revoke a certificate that it issued but which is not a transactional certificate, after: (a) Receiving a request for revocation by the subscriber named in the certificate; and (b) Confirming that the person requesting revocation is the subscriber, or is an agent of the subscriber with authority to request the revocation. (2) A licensed certification authority must confirm a request for revocation and revoke a certificate within one business day after receiving both a subscriber’s written request and evidence reasonably sufficient to confirm the identity and any agency of the person requesting the revocation. (3) A licensed certification authority must revoke a certificate that it issued: (a) Upon receiving a certified copy of the subscriber’s death certificate, or upon confirming by other evidence that the subscriber is dead; or (b) Upon presentation of documents effecting a dissolution of the subscriber, or upon confirming by other evidence that the subscriber has been dissolved or has ceased to exist, except that if the subscriber is dissolved and is reinstated or restored before revocation is completed, the certification authority is not required to revoke the certificate. (4) A licensed certification authority may revoke one or more certificates that it issued if the certificates are or become unreliable, regardless of whether the subscriber consents to the revocation and notwithstanding a provision to the contrary in a contract between the subscriber and certification authority. (5) Immediately upon revocation of a certificate by a licensed certification authority, the licensed certification 19.34.260 (2008 Ed.) 19.34.280 authority must give notice of the revocation according to the specification in the certificate. If one or more repositories are specified, then the licensed certification authority must publish a signed notice of the revocation in all repositories. If a repository no longer exists or refuses to accept publication, or if no repository is recognized under RCW 19.34.400, then the licensed certification authority must also publish the notice in a recognized repository. (6) A subscriber ceases to certify, as provided in RCW 19.34.230, and has no further duty to keep the private key secure, as required by RCW 19.34.240, in relation to the certificate whose revocation the subscriber has requested, beginning at the earlier of either: (a) When notice of the revocation is published as required in subsection (5) of this section; or (b) One business day after the subscriber requests revocation in writing, supplies to the issuing certification authority information reasonably sufficient to confirm the request, and pays any contractually required fee. (7) Upon notification as required by subsection (5) of this section, a licensed certification authority is discharged of its warranties based on issuance of the revoked certificate, as to transactions occurring after the notification, and ceases to certify as provided in RCW 19.34.220 (2) and (3) in relation to the revoked certificate. [1997 c 27 § 13; 1996 c 250 § 307.] Effective date—Severability—1997 c 27: See notes following RCW 19.34.030. 19.34.270 Certificate—Expiration. (1) A certificate must indicate the date on which it expires. (2) When a certificate expires, the subscriber and certification authority cease to certify as provided in this chapter and the certification authority is discharged of its duties based on issuance, in relation to the expired certificate. [1996 c 250 § 308.] 19.34.270 19.34.280 Recommended reliance limit—Liability— Damages. (1) By clearly specifying a recommended reliance limit in a certificate and in the certification practice statement, the issuing certification authority recommends that persons rely on the certificate only to the extent that the total amount at risk does not exceed the recommended reliance limit. (2) Subject to subsection (3) of this section, unless a licensed certification authority waives application of this subsection, a licensed certification authority is: (a) Not liable for a loss caused by reliance on a false or forged digital signature of a subscriber, if, with respect to the false or forged digital signature, the certification authority complied with all material requirements of this chapter; (b) Not liable in excess of the amount specified in the certificate as its recommended reliance limit for either: (i) A loss caused by reliance on a misrepresentation in the certificate of a fact that the licensed certification authority is required to confirm; or (ii) Failure to comply with RCW 19.34.210 in issuing the certificate; (c) Not liable for: (i) Punitive or exemplary damages. Nothing in this chapter may be interpreted to permit punitive or exemplary dam19.34.280 [Title 19 RCW—page 91] 19.34.290 Title 19 RCW: Business Regulations—Miscellaneous ages that would not otherwise be permitted by the law of this state; or (ii) Damages for pain or suffering. (3) Nothing in subsection (2)(a) of this section relieves a licensed certification authority of its liability for breach of any of the warranties or certifications it gives under RCW 19.34.220 or for its lack of good faith, which warranties and obligation of good faith may not be disclaimed. However, the standards by which the performance of a licensed certification authority’s obligation of good faith is to be measured may be determined by agreement or notification complying with subsection (4) of this section if the standards are not manifestly unreasonable. The liability of a licensed certification authority under this subsection is subject to the limitations in subsection (2)(b) and (c) of this section unless the limits are waived by the licensed certification authority. (4) Consequential or incidental damages may be liquidated, or may otherwise be limited, altered, or excluded unless the limitation, alteration, or exclusion is unconscionable. A licensed certification authority may liquidate, limit, alter, or exclude consequential or incidental damages as provided in this subsection by agreement or by notifying any person who will rely on a certificate of the liquidation, limitation, alteration, or exclusion before the person relies on the certificate. [1999 c 287 § 14; 1997 c 27 § 14; 1996 c 250 § 309.] Effective date—1999 c 287: See note following RCW 19.34.010. Effective date—Severability—1997 c 27: See notes following RCW 19.34.030. 19.34.290 Collection based on suitable guaranty— Proceeds—Attorneys’ fees—Costs—Notice—Recovery of qualified right of payment. (1)(a) If the suitable guaranty is a surety bond, a person may recover from the surety the full amount of a qualified right to payment against the principal named in the bond, or, if there is more than one such qualified right to payment during the term of the bond, a ratable share, up to a maximum total liability of the surety equal to the amount of the bond. (b) If the suitable guaranty is a letter of credit, a person may recover from the issuing financial institution only in accordance with the terms of the letter of credit. Claimants may recover successively on the same suitable guaranty, provided that the total liability on the suitable guaranty to all persons making qualified rights of payment during its term must not exceed the amount of the suitable guaranty. (2) In addition to recovering the amount of a qualified right to payment, a claimant may recover from the proceeds of the guaranty, until depleted, the attorneys’ fees, reasonable in amount, and court costs incurred by the claimant in collecting the claim, provided that the total liability on the suitable guaranty to all persons making qualified rights of payment or recovering attorneys’ fees during its term must not exceed the amount of the suitable guaranty. (3) To recover a qualified right to payment against a surety or issuer of a suitable guaranty, the claimant must: (a) File written notice of the claim with the secretary stating the name and address of the claimant, the amount claimed, and the grounds for the qualified right to payment, 19.34.290 [Title 19 RCW—page 92] and any other information required by rule by the secretary; and (b) Append to the notice a certified copy of the judgment on which the qualified right to payment is based. Recovery of a qualified right to payment from the proceeds of the suitable guaranty is barred unless the claimant substantially complies with this subsection (3). (4) Recovery of a qualified right to payment from the proceeds of a suitable guaranty are forever barred unless notice of the claim is filed as required in subsection (3)(a) of this section within three years after the occurrence of the violation of this chapter that is the basis for the claim. Notice under this subsection need not include the requirement imposed by subsection (3)(b) of this section. [1996 c 250 § 310.] 19.34.291 Discontinuation of certification authority services—Duties of authority—Continuation of guaranty—Process to maintain and update records—Rules— Costs. (1) A licensed certification authority that discontinues providing certification authority services shall: (a) Notify all subscribers listed in valid certificates issued by the certification authority, before discontinuing services; (b) Minimize, to the extent commercially reasonable, disruption to the subscribers of valid certificates and relying parties; and (c) Make reasonable arrangements for preservation of the certification authority’s records. (2) A suitable guaranty of a licensed certification authority may not be released until the expiration of the term specified in the guaranty. (3) The secretary may provide by rule for a process by which the secretary may, in any combination, receive, administer, or disburse the records of a licensed certification authority or a recognized repository that discontinues providing services, for the purpose of maintaining access to the records and revoking any previously issued valid certificates in a manner that minimizes disruption to subscribers and relying parties. The secretary’s rules may include provisions by which the secretary may recover costs incurred in doing so. [1997 c 27 § 15.] 19.34.291 Effective date—Severability—1997 c 27: See notes following RCW 19.34.030. 19.34.300 Satisfaction of signature requirements. (1) Where a rule of law requires a signature, or provides for certain consequences in the absence of a signature, that rule is satisfied by a digital signature, if: (a) The digital signature is verified by reference to the public key listed in a valid certificate issued by a licensed certification authority; (b) The digital signature was affixed by the signer with the intention of signing the message; and (c) The recipient has no knowledge or notice that the signer either: (i) Breached a duty as a subscriber; or (ii) Does not rightfully hold the private key used to affix the digital signature. (2) Nothing in this chapter: 19.34.300 (2008 Ed.) Washington Electronic Authentication Act (a) Precludes a mark from being valid as a signature under other applicable law; (b) May be construed to obligate a recipient or any other person asked to rely on a digital signature to accept a digital signature or to respond to an electronic message containing a digital signature except as provided in RCW 19.34.321; or (c) Precludes the recipient of a digital signature or an electronic message containing a digital signature from establishing the conditions under which the recipient will accept a digital signature. [1997 c 27 § 16; 1996 c 250 § 401.] Effective date—Severability—1997 c 27: See notes following RCW 19.34.030. 19.34.305 Acceptance of digital signature in reasonable manner. Acceptance of a digital signature may be made in any manner reasonable in the circumstances. [1997 c 27 § 31.] 19.34.305 Effective date—Severability—1997 c 27: See notes following RCW 19.34.030. 19.34.310 Unreliable digital signatures—Risk. Unless otherwise provided by law or contract, the recipient of a digital signature assumes the risk that a digital signature is forged, if reliance on the digital signature is not reasonable under the circumstances. [1997 c 27 § 17; 1996 c 250 § 402.] 19.34.310 19.34.340 be deemed to be an instrument under Title 62A RCW unless all parties to the transaction agree, including financial institutions affected. [1997 c 27 § 19; 1996 c 250 § 403.] Effective date—Severability—1997 c 27: See notes following RCW 19.34.030. 19.34.321 Acceptance of certified court documents in electronic form—Requirements—Rules of court on use in proceedings. (1) A person may not refuse to honor, accept, or act upon a court order, writ, or warrant upon the basis that it is electronic in form and signed with a digital signature, if the digital signature was certified by a licensed certification authority or otherwise issued under court rule. This section applies to a paper printout of a digitally signed document, if the printout reveals that the digital signature was electronically verified before the printout, and in the absence of a finding that the document has been altered. (2) Nothing in this chapter shall be construed to limit the authority of the supreme court to adopt rules of pleading, practice, or procedure, or of the court of appeals or superior courts to adopt supplementary local rules, governing the use of electronic messages or documents, including rules governing the use of digital signatures, in judicial proceedings. [1997 c 27 § 20.] 19.34.321 Effective date—Severability—1997 c 27: See notes following RCW 19.34.030. Effective date—Severability—1997 c 27: See notes following RCW 19.34.030. 19.34.311 Reasonableness of reliance—Factors. The following factors, among others, are significant in evaluating the reasonableness of a recipient’s reliance upon a certificate and upon the digital signatures verifiable with reference to the public key listed in the certificate: (1) Facts which the relying party knows or of which the relying party has notice, including all facts listed in the certificate or incorporated in it by reference; (2) The value or importance of the digitally signed message, if known; (3) The course of dealing between the relying person and subscriber and the available indicia of reliability or unreliability apart from the digital signature; and (4) Usage of trade, particularly trade conducted by trustworthy systems or other computer-based means. [1997 c 27 § 18.] 19.34.330 Digital message deemed original. A digitally signed message shall be deemed to be an original of the message. [1999 c 287 § 15; 1996 c 250 § 404.] 19.34.311 Effective date—Severability—1997 c 27: See notes following RCW 19.34.030. 19.34.320 Digital message as written on paper— Requirements—Other requirements not affected— Exception from uniform commercial code. A message is as valid, enforceable, and effective as if it had been written on paper, if it: (1) Bears in its entirety a digital signature; and (2) That digital signature is verified by the public key listed in a certificate that: (a) Was issued by a licensed certification authority; and (b) Was valid at the time the digital signature was created. Nothing in this chapter shall be construed to eliminate, modify, or condition any other requirements for a contract to be valid, enforceable, and effective. No digital message shall 19.34.320 (2008 Ed.) 19.34.330 Effective date—1999 c 287: See note following RCW 19.34.010. 19.34.340 Certificate as acknowledgment—Requirements—Exception—Responsibility of certification authority. (1) Unless otherwise provided by law or contract, if so provided in the certificate issued by a licensed certification authority, a digital signature verified by reference to the public key listed in a valid certificate issued by a licensed certification authority satisfies the requirements for an acknowledgment under RCW 42.44.010(4) and for acknowledgment of deeds and other real property conveyances under RCW 64.04.020 if words of an express acknowledgment appear with the digital signature regardless of whether the signer personally appeared before either the certification authority or some other person authorized to take acknowledgments of deeds, mortgages, or other conveyance instruments under RCW 64.08.010 when the digital signature was created, if that digital signature is: (a) Verifiable by that certificate; and (b) Affixed when that certificate was valid. (2) If the digital signature is used as an acknowledgment, then the certification authority is responsible to the same extent as a notary up to the recommended reliance limit for failure to satisfy the requirements for an acknowledgment. The certification authority may not disclaim or limit, other than as provided in RCW 19.34.280, the effect of this section. [1997 c 27 § 21; 1996 c 250 § 405.] 19.34.340 Effective date—Severability—1997 c 27: See notes following RCW 19.34.030. [Title 19 RCW—page 93] 19.34.350 Title 19 RCW: Business Regulations—Miscellaneous 19.34.350 Adjudicating disputes—Presumptions. In adjudicating a dispute involving a digital signature, it is rebuttably presumed that: (1) A certificate digitally signed by a licensed certification authority and either published in a recognized repository, or made available by the issuing certification authority or by the subscriber listed in the certificate is issued by the certification authority that digitally signed it and is accepted by the subscriber listed in it. (2) The information listed in a valid certificate and confirmed by a licensed certification authority issuing the certificate is accurate. (3) If a digital signature is verified by the public key listed in a valid certificate issued by a licensed certification authority: (a) That digital signature is the digital signature of the subscriber listed in that certificate; (b) That digital signature was affixed by that subscriber with the intention of signing the message; (c) The message associated with the digital signature has not been altered since the signature was affixed; and (d) The recipient of that digital signature has no knowledge or notice that the signer: (i) Breached a duty as a subscriber; or (ii) Does not rightfully hold the private key used to affix the digital signature. (4) A digital signature was created before it was time stamped by a disinterested person utilizing a trustworthy system. [1997 c 27 § 22; 1996 c 250 § 406.] 19.34.350 Effective date—Severability—1997 c 27: See notes following RCW 19.34.030. 19.34.351 Alteration of chapter by agreement— Exceptions. The effect of this chapter may be varied by agreement, except: (1) A person may not disclaim responsibility for lack of good faith, but parties may by agreement determine the standards by which the duty of good faith is to be measured if the standards are not manifestly unreasonable; and (2) As otherwise provided in this chapter. [1997 c 27 § 34.] 19.34.351 Effective date—Severability—1997 c 27: See notes following RCW 19.34.030. 19.34.360 Presumptions of validity/limitations on liability—Conformance with chapter. The presumptions of validity and reasonableness of conduct, and the limitations on liability in this chapter do not apply to electronic records or electronic signatures except for digital signatures created in conformance with all of the requirements of this chapter and rules adopted under this chapter. [1999 c 287 § 3.] 19.34.360 Effective date—1999 c 287: See note following RCW 19.34.010. 19.34.400 Recognition of repositories—Application—Discontinuance—Procedure. (1) The secretary must recognize one or more repositories, after finding that a repository to be recognized: (a) Is a licensed certification authority; (b) Includes, or will include, a database containing: (i) Certificates published in the repository; 19.34.400 [Title 19 RCW—page 94] (ii) Notices of suspended or revoked certificates published by licensed certification authorities or other persons suspending or revoking certificates; and (iii) Other information adopted by rule by the secretary; (c) Operates by means of a trustworthy system, that may, under administrative rule of the secretary, include additional or different attributes than those applicable to a certification authority that does not operate as a recognized repository; (d) Contains no significant amount of information that is known or likely to be untrue, inaccurate, or not reasonably reliable; (e) Keeps a record of certificates that have been suspended or revoked, or that have expired, in accordance with requirements adopted by rule by the secretary; and (f) Complies with other reasonable requirements adopted by rule by the secretary. (2) A repository may apply to the secretary for recognition by filing a written request and providing evidence to the secretary sufficient for the secretary to find that the conditions for recognition are satisfied, in accordance with requirements adopted by rule by the secretary. (3) A repository may discontinue its recognition by filing thirty days’ written notice with the secretary, upon meeting any conditions for discontinuance adopted by rule by the secretary. In addition the secretary may discontinue recognition of a repository in accordance with the administrative procedure act, chapter 34.05 RCW, if the secretary concludes that the repository no longer satisfies the conditions for recognition listed in this section or in rules adopted by the secretary. [1999 c 287 § 16; 1997 c 27 § 23; 1996 c 250 § 501.] Effective date—1999 c 287: See note following RCW 19.34.010. Effective date—Severability—1997 c 27: See notes following RCW 19.34.030. 19.34.410 Repositories—Liability—Exemptions— Liquidation, limitation, alteration, or exclusion of damages. (1) Notwithstanding a disclaimer by the repository or a contract to the contrary between the repository, a certification authority, or a subscriber, a repository is liable for a loss incurred by a person reasonably relying on a digital signature verified by the public key listed in a certificate that has been suspended or revoked by the licensed certification authority that issued the certificate, if loss was incurred more than one business day after receipt by the repository of a request from the issuing licensed certification authority to publish notice of the suspension or revocation, and the repository had failed to publish the notice when the person relied on the digital signature. (2) Unless waived, a recognized repository or the owner or operator of a recognized repository is: (a) Not liable for failure to record publication of a suspension or revocation, unless the repository has received notice of publication and one business day has elapsed since the notice was received; (b) Not liable under subsection (1) of this section in excess of the amount specified in the certificate as the recommended reliance limit; (c) Not liable under subsection (1) of this section for: (i) Punitive or exemplary damages; or (ii) Damages for pain or suffering; 19.34.410 (2008 Ed.) Contracts and Credit Agreements Requiring Writings (d) Not liable for misrepresentation in a certificate published by a licensed certification authority; (e) Not liable for accurately recording or reporting information that a licensed certification authority, or court clerk, or the secretary has published as required or permitted in this chapter, including information about suspension or revocation of a certificate; (f) Not liable for reporting information about a certification authority, a certificate, or a subscriber, if the information is published as required or permitted in this chapter or a rule adopted by the secretary, or is published by order of the secretary in the performance of the licensing and regulatory duties of that office under this chapter. (3) Consequential or incidental damages may be liquidated, or may otherwise be limited, altered, or excluded unless the limitation, alteration, or exclusion is unconscionable. A recognized repository may liquidate, limit, alter, or exclude damages as provided in this subsection by agreement, or by notifying any person who will rely on a digital signature verified by the public key listed in a suspended or revoked certificate of the liquidation, limitation, alteration, or exclusion before the person relies on the certificate. [1999 c 287 § 17; 1997 c 27 § 33; 1996 c 250 § 502.] Effective date—1999 c 287: See note following RCW 19.34.010. Effective date—Severability—1997 c 27: See notes following RCW 19.34.030. 19.34.420 Confidentiality of certain records—Limited access to state auditor. (1) The following information, when in the possession of the secretary, the department of information services, or the state auditor for purposes of this chapter, shall not be made available for public disclosure, inspection, or copying, unless the request is made under an order of a court of competent jurisdiction based upon an express written finding that the need for the information outweighs any reason for maintaining the privacy and confidentiality of the information or records: (a) A trade secret, as defined by RCW 19.108.010; and (b) Information regarding design, security, or programming of a computer system used for purposes of licensing or operating a certification authority or repository under this chapter. (2) The state auditor, or an authorized agent, must be given access to all information referred to in subsection (1) of this section for the purpose of conducting audits under this chapter or under other law, but shall not make that information available for public inspection or copying except as provided in subsection (1) of this section. [1998 c 33 § 2.] 19.34.420 Chapter 19.36 Effective date—Severability—1997 c 27: See notes following RCW 19.34.030. 19.34.502 Criminal prosecution not precluded— Remedies not exclusive—Injunctive relief availability. This chapter does not preclude criminal prosecution under other laws of this state, nor may any provision of this chapter be regarded as an exclusive remedy for a violation. Injunctive relief may not be denied to a party regarding conduct governed by this chapter on the basis that the conduct is also subject to potential criminal prosecution. [1997 c 27 § 26.] 19.34.502 Effective date—Severability—1997 c 27: See notes following RCW 19.34.030. 19.34.503 Jurisdiction, venue, choice of laws. Issues regarding jurisdiction, venue, and choice of laws for all actions involving digital signatures must be determined according to the same principles as if all transactions had been performed through paper documents. [1997 c 27 § 27.] 19.34.503 Effective date—Severability—1997 c 27: See notes following RCW 19.34.030. 19.34.900 Short title. This chapter shall be known and may be cited as the Washington electronic authentication act. [1996 c 250 § 101.] 19.34.900 19.34.901 Effective date—1996 c 250. (1) Sections 101 through 601, 604, and 605, chapter 250, Laws of 1996 take effect January 1, 1998. (2) Sections 602 and 603, chapter 250, Laws of 1996 take effect July 27, 1997. [2000 c 171 § 52; 1997 c 27 § 28; 1996 c 250 § 602.] 19.34.901 Severability—1997 c 27: See note following RCW 19.34.030. 19.34.902 Severability—1996 c 250. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1996 c 250 § 604.] 19.34.902 19.34.903 Part headings and section captions not law—1996 c 250. Part headings and section captions as used in this act do not constitute any part of the law. [1996 c 250 § 605.] 19.34.903 Chapter 19.36 RCW CONTRACTS AND CREDIT AGREEMENTS REQUIRING WRITINGS Chapter 19.36 Sections 19.34.500 Rule making. The secretary of state may adopt rules to implement this chapter beginning July 27, 1997, but the rules may not take effect until January 1, 1998. [1997 c 27 § 24; 1996 c 250 § 603.] 19.34.500 Severability—1997 c 27: See note following RCW 19.34.030. 19.34.501 Chapter supersedes and preempts local actions. This chapter supersedes and preempts all local laws or ordinances regarding the same subject matter. [1997 c 27 § 25.] 19.34.501 (2008 Ed.) 19.36.010 19.36.020 19.36.100 19.36.110 19.36.120 19.36.130 19.36.140 19.36.900 Contracts, etc., void unless in writing. Deeds, etc., in trust for grantor void as to creditors. "Credit agreement" defined. Enforceability of credit agreements—Effect of oral agreements and partial performance. Exempt agreements. Notice required. Notice—Form and contents. Effective date—Application—1990 c 211. Assignment for benefit of creditors: Chapter 7.08 RCW. Contracts by telegraph: RCW 5.52.010. of minors: Chapters 26.28 and 26.30 RCW. [Title 19 RCW—page 95] 19.36.010 Title 19 RCW: Business Regulations—Miscellaneous Conveyances of real property: Chapter 64.04 RCW. Fraudulent conveyances: Chapter 19.40 RCW. Leases of real property: RCW 59.04.010. 19.36.010 19.36.010 Contracts, etc., void unless in writing. In the following cases, specified in this section, any agreement, contract and promise shall be void, unless such agreement, contract or promise, or some note or memorandum thereof, be in writing, and signed by the party to be charged therewith, or by some person thereunto by him lawfully authorized, that is to say: (1) Every agreement that by its terms is not to be performed in one year from the making thereof; (2) every special promise to answer for the debt, default, or misdoings of another person; (3) every agreement, promise or undertaking made upon consideration of marriage, except mutual promises to marry; (4) every special promise made by an executor or administrator to answer damages out of his own estate; (5) an agreement authorizing or employing an agent or broker to sell or purchase real estate for compensation or a commission. [1905 c 58 § 1; RRS § 5825. Prior: Code 1881 § 2325; 1863 p 412 § 2; 1860 p 298 § 2; 1854 p 403 § 2.] 19.36.020 19.36.020 Deeds, etc., in trust for grantor void as to creditors. That all deeds of gift, all conveyances, and all transfers or assignments, verbal or written, of goods, chattels or things in action, made in trust for the use of the person making the same, shall be void as against the existing or subsequent creditors of such person. For purposes of this section, a person shall not be treated as having made a disposition in trust for the use of that person by reason of a lapse of a power of withdrawal over the income or corpus of a trust created by another person. For this purpose, notification to the trustee of the trust of an intent not to exercise the power of withdrawal shall not be treated as a release of the power of withdrawal, but shall be treated as a lapse of the power. [2006 c 360 § 14; Code 1881 § 2324; RRS § 5824. Prior: 1863 p 412 § 1; 1860 p 298 § 1; 1854 p 403 § 1.] Clarification of laws—Enforceability of act—Severability—2006 c 360: See notes following RCW 11.108.070. does not remove the agreement from the operation of this section. [1990 c 211 § 3.] 19.36.120 Exempt agreements. RCW 19.36.100 through 19.36.140 and 19.36.900 shall not apply to: (1) A promise, agreement, undertaking, document, or commitment relating to a credit card or charge card; or (2) a loan of money or extension of credit to a natural person that is primarily for personal, family, or household purposes and not primarily for investment, business, agricultural, or commercial purposes. [1990 c 211 § 2.] 19.36.120 19.36.130 Notice required. If a notice complying with RCW 19.36.140, is not given simultaneously with or before a credit agreement is made, RCW 19.36.100 through 19.36.140 and 19.36.900 shall not apply to the credit agreement. Notice, once given to a debtor, shall be effective as to all subsequent credit agreements and effective against the debtor, and its guarantors, successors, and assigns. [1990 c 211 § 4.] 19.36.130 19.36.140 Notice—Form and contents. The creditor shall give notice to the other party on a separate document or incorporated into one or more of the documents relating to a credit agreement. The notice shall be in type that is bold face, capitalized, underlined, or otherwise set out from surrounding written materials so it is conspicuous. The notice shall state substantially the following: 19.36.140 Oral agreements or oral commitments to loan money, extend credit, or to forbear from enforcing repayment of a debt are not enforceable under Washington law. [1990 c 211 § 5.] 19.36.900 Effective date—Application—1990 c 211. RCW 19.36.100 through 19.36.140 shall take effect July 1, 1990, and shall apply only to credit agreements entered into on or after July 1, 1990. [1990 c 211 § 6.] 19.36.900 Chapter 19.40 RCW UNIFORM FRAUDULENT TRANSFER ACT Chapter 19.40 19.36.100 19.36.100 "Credit agreement" defined. "Credit agreement" means an agreement, promise, or commitment to lend money, to otherwise extend credit, to forbear with respect to the repayment of any debt or the exercise of any remedy, to modify or amend the terms under which the creditor has lent money or otherwise extended credit, to release any guarantor or cosigner, or to make any other financial accommodation pertaining to a debt or other extension of credit. [2000 c 171 § 53; 1990 c 211 § 1.] 19.36.110 19.36.110 Enforceability of credit agreements— Effect of oral agreements and partial performance. A credit agreement is not enforceable against the creditor unless the agreement is in writing and signed by the creditor. The rights and obligations of the parties to a credit agreement shall be determined solely from the written agreement, and any prior or contemporaneous oral agreements between the parties are superseded by, merged into, and may not vary the credit agreement. Partial performance of a credit agreement [Title 19 RCW—page 96] Sections 19.40.011 19.40.021 19.40.031 19.40.041 19.40.051 19.40.061 19.40.071 19.40.081 19.40.091 19.40.900 19.40.901 19.40.902 19.40.903 Definitions. Insolvency. Value. Transfers fraudulent as to present and future creditors. Transfers fraudulent as to present creditors. When transfer is made or obligation is incurred. Remedies of creditors. Defenses, liability, and protection of transferee. Extinguishment of cause of action. Short title. Captions not law. Supplementary provisions. Uniformity of application and construction. Assignment for benefit of creditors: Chapter 7.08 RCW. Conveyances of property to qualify for public assistance: RCW 74.08.331 through 74.08.338. Disposal of property to defraud creditors, etc.: RCW 9.45.080 through 9.45.100. 19.40.011 Definitions. As used in this chapter: 19.40.011 (2008 Ed.) Uniform Fraudulent Transfer Act (1) "Affiliate" means: (i) A person who directly or indirectly owns, controls, or holds with power to vote, twenty percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities; (A) As a fiduciary or agent without sole discretionary power to vote the securities; or (B) Solely to secure a debt, if the person has not exercised the power to vote; (ii) A corporation twenty percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor or a person who directly or indirectly owns, controls, or holds with power to vote, twenty percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities: (A) As a fiduciary or agent without sole power to vote the securities; or (B) Solely to secure a debt, if the person has not in fact exercised the power to vote; (iii) A person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or (iv) A person who operates the debtor’s business under a lease or other agreement or controls substantially all of the debtor’s assets. (2) "Asset" means property of a debtor, but the term does not include: (i) Property to the extent it is encumbered by a valid lien; or (ii) Property to the extent it is generally exempt under nonbankruptcy law. (3) "Claim" means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured. (4) "Creditor" means a person who has a claim. (5) "Debt" means liability on a claim. (6) "Debtor" means a person who is liable on a claim. (7) "Insider" includes: (i) If the debtor is an individual: (A) A relative of the debtor or of a general partner of the debtor; (B) A partnership in which the debtor is a general partner; (C) A general partner in a partnership described in subsection (7)(i)(B) of this section; or (D) A corporation of which the debtor is a director, officer, or person in control; (ii) If the debtor is a corporation: (A) A director of the debtor; (B) An officer of the debtor; (C) A person in control of the debtor; (D) A partnership in which the debtor is a general partner; (E) A general partner in a partnership described in subsection (7)(ii)(D) of this section; or (F) A relative of a general partner, director, officer, or person in control of the debtor; (iii) If the debtor is a partnership: (A) A general partner in the debtor; (2008 Ed.) 19.40.031 (B) A relative of a general partner in, or a general partner of, or a person in control of the debtor; (C) Another partnership in which the debtor is a general partner; (D) A general partner in a partnership described in subsection (7)(iii)(C) of this section; or (E) A person in control of the debtor; (iv) An affiliate, or an insider of an affiliate as if the affiliate were the debtor; and (v) A managing agent of the debtor. (8) "Lien" means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien. (9) "Person" means an individual, partnership, corporation, association, organization, government or governmental subdivision or agency, business trust, estate, trust, or any other legal or commercial entity. (10) "Property" means anything that may be the subject of ownership. (11) "Relative" means an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree. (12) "Transfer" means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, and creation of a lien or other encumbrance. (13) "Valid lien" means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings. [1987 c 444 § 1.] Effective date—1987 c 444: "This act shall take effect July 1, 1988." [1987 c 444 § 16.] 19.40.021 Insolvency. (a) A debtor is insolvent if the sum of the debtor’s debts is greater than all of the debtor’s assets, at a fair valuation. (b) A debtor who is generally not paying his or her debts as they become due is presumed to be insolvent. (c) A partnership is insolvent under subsection (a) of this section if the sum of the partnership’s debts is greater than the aggregate of all of the partnership’s assets, at a fair valuation, and the sum of the excess of the value of each general partner’s nonpartnership assets over the partner’s nonpartnership debts. (d) Assets under this section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this chapter. (e) Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset. [1987 c 444 § 2.] 19.40.021 Effective date—1987 c 444: See note following RCW 19.40.011. 19.40.031 Value. (a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise 19.40.031 [Title 19 RCW—page 97] 19.40.041 Title 19 RCW: Business Regulations—Miscellaneous made otherwise than in the ordinary course of the promisor’s business to furnish support to the debtor or another person. (b) For the purposes of RCW 19.40.041(a)(2) and 19.40.051, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement. (c) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous. [1987 c 444 § 3.] is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation. (b) A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent. [1987 c 444 § 5.] Effective date—1987 c 444: See note following RCW 19.40.011. Effective date—1987 c 444: See note following RCW 19.40.011. 19.40.041 Transfers fraudulent as to present and future creditors. (a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation: (1) With actual intent to hinder, delay, or defraud any creditor of the debtor; or (2) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor: (i) Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or (ii) Intended to incur, or believed or reasonably should have believed that he or she would incur, debts beyond his or her ability to pay as they became due. (b) In determining actual intent under subsection (a)(1) of this section, consideration may be given, among other factors, to whether: (1) The transfer or obligation was to an insider; (2) The debtor retained possession or control of the property transferred after the transfer; (3) The transfer or obligation was disclosed or concealed; (4) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit; (5) The transfer was of substantially all the debtor’s assets; (6) The debtor absconded; (7) The debtor removed or concealed assets; (8) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred; (9) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred; (10) The transfer occurred shortly before or shortly after a substantial debt was incurred; and (11) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor. [1987 c 444 § 4.] 19.40.061 When transfer is made or obligation is incurred. For the purposes of this chapter: (1) A transfer is made: (i) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and (ii) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this chapter that is superior to the interest of the transferee; (2) If applicable law permits the transfer to be perfected as provided in subsection (1) of this section and the transfer is not so perfected before the commencement of an action for relief under this chapter, the transfer is deemed made immediately before the commencement of the action; (3) If applicable law does not permit the transfer to be perfected as provided in subsection (1) of this section, the transfer is made when it becomes effective between the debtor and the transferee; (4) A transfer is not made until the debtor has acquired rights in the asset transferred; (5) An obligation is incurred: (i) If oral, when it becomes effective between the parties; or (ii) If evidenced by a writing, when the writing executed by the obligor is delivered to or for the benefit of the obligee. [1987 c 444 § 6.] 19.40.041 Effective date—1987 c 444: See note following RCW 19.40.011. 19.40.051 Transfers fraudulent as to present creditors. (a) A transfer made or obligation incurred by a debtor 19.40.051 [Title 19 RCW—page 98] 19.40.061 Effective date—1987 c 444: See note following RCW 19.40.011. 19.40.071 Remedies of creditors. (a) In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in RCW 19.40.081, may obtain: (1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim; (2) An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by chapter 6.25 RCW; 19.40.071 (2008 Ed.) Hotels, Lodging Houses, Etc.—Restaurants (3) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure: (i) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property; (ii) Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or (iii) Any other relief the circumstances may require. (b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds. [2000 c 171 § 54; 1987 c 444 § 7.] Effective date—1987 c 444: See note following RCW 19.40.011. 19.40.081 Defenses, liability, and protection of transferee. (a) A transfer or obligation is not voidable under RCW 19.40.041(a)(1) against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee. (b) Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under RCW 19.40.071(a)(1), the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection (c) of this section, or the amount necessary to satisfy the creditor’s claim, whichever is less. The judgment may be entered against: (1) The first transferee of the asset or the person for whose benefit the transfer was made; or (2) Any subsequent transferee other than a good-faith transferee or obligee who took for value or from any subsequent transferee or obligee. (c) If the judgment under subsection (b) of this section is based upon the value of the asset transferred, the judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require. (d) Notwithstanding voidability of a transfer or an obligation under this chapter, a good-faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to: (1) A lien on or a right to retain any interest in the asset transferred; (2) Enforcement of any obligation incurred; or (3) A reduction in the amount of the liability on the judgment. (e) A transfer is not voidable under RCW 19.40.041(a)(2) or 19.40.051 if the transfer results from: (1) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or (2) Enforcement of a security interest in compliance with Article 9A of Title 62A RCW. (f) A transfer is not voidable under RCW 19.40.051(b): (1) To the extent the insider gave new value to or for the benefit of the debtor after the transfer was made unless the new value was secured by a valid lien; (2) If made in the ordinary course of business or financial affairs of the debtor and the insider; or (3) If made pursuant to a good-faith effort to rehabilitate the debtor and the transfer secured present value given for 19.40.081 (2008 Ed.) Chapter 19.48 that purpose as well as an antecedent debt of the debtor. [2001 c 32 § 1; 1987 c 444 § 8.] Effective date—2001 c 32: See note following RCW 62A.9A-102. Effective date—1987 c 444: See note following RCW 19.40.011. 19.40.091 Extinguishment of cause of action. A cause of action with respect to a fraudulent transfer or obligation under this chapter is extinguished unless action is brought: (a) Under RCW 19.40.041(a)(1), within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation was or could reasonably have been discovered by the claimant; (b) Under RCW 19.40.041(a)(2) or 19.40.051(a), within four years after the transfer was made or the obligation was incurred; or (c) Under RCW 19.40.051(b), within one year after the transfer was made or the obligation was incurred. [1987 c 444 § 9.] 19.40.091 Effective date—1987 c 444: See note following RCW 19.40.011. 19.40.900 Short title. This chapter may be cited as the uniform fraudulent transfer act. [1987 c 444 § 12.] 19.40.900 Effective date—1987 c 444: See note following RCW 19.40.011. 19.40.901 Captions not law. Section headings as used in this chapter do not constitute any part of the law. [1987 c 444 § 13.] 19.40.901 Effective date—1987 c 444: See note following RCW 19.40.011. 19.40.902 Supplementary provisions. Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions. [1987 c 444 § 10.] 19.40.902 Effective date—1987 c 444: See note following RCW 19.40.011. 19.40.903 Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. [1987 c 444 § 11.] 19.40.903 Effective date—1987 c 444: See note following RCW 19.40.011. Chapter 19.48 Chapter 19.48 RCW HOTELS, LODGING HOUSES, ETC.— RESTAURANTS Sections 19.48.010 19.48.020 19.48.030 19.48.070 19.48.110 19.48.900 Definitions. Record of guests—Hotels and trailer camps. Liability for loss of valuables when safe or vault furnished— Limitation. Liability for loss of baggage and other property—Limitation— Storage—Disposal. Obtaining hotel, restaurant, lodging house, ski area, etc., accommodations by fraud—Penalty. Severability—1929 c 216. Alcoholic beverage control: Title 66 RCW. Discrimination: Chapter 49.60 RCW, RCW 9.91.010. [Title 19 RCW—page 99] 19.48.010 Title 19 RCW: Business Regulations—Miscellaneous Hotel and restaurant safety regulations: Chapter 70.62 RCW. Lien of hotels and lodging and boarding houses: Chapter 60.64 RCW. 19.48.010 Definitions. Any building held out to the public to be an inn, hotel or public lodging house or place where sleeping accommodations, whether with or without meals, or the facilities for preparing the same, are furnished for hire to transient guests, in which three or more rooms are used for the accommodation of such guests, shall for the purposes of this chapter and chapter 60.64 RCW, or any amendment thereof, only, be defined to be a hotel, and whenever the word hotel shall occur in this chapter and chapter 60.64 RCW, or any amendment thereof, it shall be construed to mean a hotel as herein described. [1999 c 95 § 1; 1929 c 216 § 1; 1915 c 190 § 1; 1909 c 29 § 1; RRS § 6860. FORMER PART OF SECTION: 1933 c 114 § 1, part; 1929 c 216 § 2, part; 1915 c 190 § 3, part; 1890 p 95 § 1, part; RRS § 6862, part, now codified in RCW 19.48.030.] 19.48.010 deposit in such safe or vault, said proprietor, keeper, owner, operator, lessee, or manager, shall not be liable for the loss or destruction thereof, or damage thereto, sustained by such guests, boarders or lodgers in any such hotel, lodging house, or inn, exceeding the sum of one thousand dollars, notwithstanding said property may be of greater value, unless by special arrangement in writing with such proprietor, keeper, owner, operator, lessee or manager: PROVIDED, HOWEVER, That in case of such deposit of such property, the proprietor, keeper, owner, operator, lessee or manager of such hotel, lodging house, or inn, shall in no event be liable for loss or destruction thereof, or damage thereto, unless caused by the theft or gross negligence of such proprietor, keeper, owner, operator, lessee, or manager, of his, her, their, or its agents, servants or employees. [1933 c 114 § 1; 1929 c 216 § 2; 1915 c 190 § 3; 1890 p 95 § 1; RRS § 6862. Formerly RCW 19.48.010, part, 19.48.030 through 19.48.060.] 19.48.070 Liability for loss of baggage and other property—Limitation—Storage—Disposal. Except as provided for in RCW 19.48.030, the proprietor, keeper, owner, operator, lessee or manager, whether individual, partnership or corporation, of a hotel, lodging house, or inn, shall not be liable for the loss or destruction of, or damage to any personal property brought or sent into such hotel, lodging house, or inn, by or for any of the guests, boarders or lodgers thereof, unless such loss, destruction or damage is occasioned by the gross negligence of such proprietor, keeper, owner, operator, lessee or manager, or his, her, their, or its agents, servants or employees; but in no event shall such liability exceed the sum of two hundred dollars, unless such proprietor, keeper, owner, operator, lessee, or manager, shall have contracted in writing with such guest, boarder, or lodger to assume a greater liability: PROVIDED, HOWEVER, That in no event shall liability of the proprietor, keeper, owner, operator, lessee or manager, or his, her, their, or its agents, servants or employees, of a hotel, lodging house, or inn exceed the following: For a guest, boarder or lodger, paying twentyfive cents per day, for lodging, or for any person who is not a guest, boarder or lodger, the liability for loss, destruction or damage, shall not exceed the sum of fifty dollars for a trunk and contents, ten dollars for a suitcase or valise and contents, five dollars for a box, bundle or package, and ten dollars for wearing apparel or miscellaneous effects. For a guest, boarder or lodger, paying fifty cents a day for lodging, the liability for loss, destruction or damage shall not exceed seventy-five dollars for a trunk and contents, twenty dollars for a suitcase or valise and contents, ten dollars for a box, bundle or package and contents, and twenty dollars for wearing apparel and miscellaneous effects. For a guest, boarder or lodger paying more than fifty cents per day for lodging, the liability for loss, destruction or damage shall not exceed one hundred fifty dollars for a trunk and contents, fifty dollars for a suitcase or valise and contents, ten dollars for a box, bundle or package and contents, and fifty dollars for wearing apparel and miscellaneous effects, unless in such case such proprietor, keeper, owner, operator, lessee, or manager of such hotel, lodging house, or inn, shall have consented in writing to assume a greater liability: AND PROVIDED FURTHER, Whenever any person shall suffer his baggage or property to remain in any hotel, lodging house, or inn, after leaving the 19.48.070 Guest defined: RCW 60.64.010. 19.48.020 Record of guests—Hotels and trailer camps. Every hotel and trailer camp shall keep a record of the arrival and departure of its guests in such a manner that the record will be a permanent one for at least one year from the date of departure: PROVIDED, That this requirement shall not apply with respect to guests of tenants in mobile home parks, as defined in RCW 59.20.030. [1979 ex.s. c 186 § 14; 1955 c 138 § 1; 1915 c 190 § 2; RRS § 6861.] 19.48.020 Severability—1979 ex.s. c 186: See note following RCW 59.20.030. 19.48.030 Liability for loss of valuables when safe or vault furnished—Limitation. Whenever the proprietor, keeper, owner, operator, lessee, or manager of any hotel, lodging house or inn shall provide a safe or vault for the safekeeping of any money, bank notes, jewelry, precious stones, ornaments, railroad mileage books or tickets, negotiable securities or other valuable papers, bullion, or other valuable property of small compass belonging to the guests, boarders or lodgers of such hotel, lodging house or inn, and shall notify the guests, boarders or lodgers thereof by posting a notice in three or more public and conspicuous places in the office, elevators, public rooms, elevator lobbies, public corridors, halls or entrances, or in the public parlors of such hotel, lodging house or inn, stating the fact that such safe or vault is provided in which such property may be deposited; and if such guests, boarders or lodgers shall neglect to deliver such property to the person in charge of such office, for deposit in the safe or vault, the proprietor, keeper, owner, operator, lessee or manager, whether individual, partnership or corporation, of such hotel, lodging house or inn shall not be liable for any loss or destruction of any such property, or any damage thereto, sustained by such guests, boarders or lodgers, by negligence of such proprietor, keeper, owner, operator, lessee or manager, or his, her, their or its employees, or by fire, theft, burglary, or any other cause whatsoever; but no proprietor, keeper, owner, operator, lessee or manager of any hotel, lodging house or inn, shall be obliged to receive property on deposit for safekeeping exceeding one thousand dollars in value; and if such guests, boarders or lodgers shall deliver such property to the person in charge of said office for 19.48.030 [Title 19 RCW—page 100] (2008 Ed.) Interest—Usury same as a guest, boarder or lodger, and after the relation of guest, boarder or lodger between such person and the proprietor, keeper, owner, operator, lessee, or manager of such hotel, lodging house, or inn, has ceased, or shall forward or deliver the same to such hotel, lodging house, or inn, before, or without, becoming a guest, boarder, or lodger thereof, and the same shall be received into such hotel, lodging house, or inn, the liability of such proprietor, keeper, owner, operator, lessee, or manager thereof shall in no event exceed the sum of one hundred dollars, and such proprietor, keeper, owner, operator, lessee, or manager, may at his, her, their or its option, hold such baggage or property at the risk of such owner thereof; and when any baggage or property has been kept or stored by such hotel, lodging house, or inn, for six months after such relation of guest, boarder or lodger has ceased, or when such relation does not exist, after six months from the receipt of such baggage or property in such hotel, lodging house, or inn, such proprietor, keeper, owner, operator, lessee, or manager, may, if he, she, they or it so desires, sell the same at public auction in the manner now or hereinafter provided by law for the sale of property to satisfy a hotel keeper’s lien, and from the proceeds of such sale pay or reimburse himself the expenses incurred for advertisement and sale, as well as any storage that may have accrued, and any other amounts owing by such person to said hotel, lodging house, or inn: PROVIDED, That when any such baggage or property is received, kept or stored therein after such relation does not exist, such proprietor, keeper, owner, operator, lessee, or manager, may, if he, she, or it, so desires, deliver the same at any time to a storage or warehouse company for storage, and in such event all responsibility or liability of such hotel, lodging house, or inn, for such baggage or property, or for storage charges thereon, shall thereupon cease and terminate. [1929 c 216 § 3; 1917 c 57 § 1; 1915 c 190 § 4; RRS § 6863. Formerly RCW 19.48.070 through 19.48.100.] 19.48.110 Obtaining hotel, restaurant, lodging house, ski area, etc., accommodations by fraud—Penalty. (1)(a) Any person who willfully obtains food, money, credit, use of ski area facilities, lodging or accommodation at any hotel, inn, restaurant, commercial ski area, boarding house or lodging house, without paying therefor, with intent to defraud the proprietor, owner, operator or keeper thereof; or who obtains food, money, credit, use of ski area facilities, lodging or accommodation at such hotel, inn, restaurant, commercial ski area, boarding house or lodging house, by the use of any false pretense; or who, after obtaining food, money, credit, use of ski area facilities, lodging, or accommodation at such hotel, inn, restaurant, commercial ski area, boarding house, or lodging house, removes or causes to be removed from such hotel, inn, restaurant, commercial ski area, boarding house or lodging house, his or her baggage, without the permission or consent of the proprietor, manager or authorized employee thereof, before paying for such food, money, credit, use of ski area facilities, lodging or accommodation, is guilty of a gross misdemeanor, except as provided in (b) of this subsection. (b) If the aggregate amount of food, money, use of ski area facilities, lodging or accommodation, or credit so obtained is seventy-five dollars or more such person is guilty of a class B felony punishable according to chapter 9A.20 RCW. Chapter 19.52 (2) Proof that food, money, credit, use of ski area facilities, lodging or accommodation were obtained by false pretense or by false or fictitious show or pretense of any baggage or other property, or that the person refused or neglected to pay for such food, money, credit, use of ski area facilities, lodging or accommodation on demand, or that he or she gave in payment for such food, money, credit, use of ski area facilities, lodging or accommodation, negotiable paper on which payment was refused, or that he or she absconded, or departed from, or left, the premises without paying for such food, money, credit, use of ski area facilities, lodging or accommodation, or that he or she removed, or attempted to remove, or caused to be removed, or caused to be attempted to be removed his or her property or baggage, shall be prima facie evidence of the fraudulent intent hereinbefore mentioned. [2003 c 53 § 146; 1985 c 129 § 2; 1974 ex.s. c 21 § 1; 1929 c 216 § 6; 1915 c 190 § 7; 1890 p 96 § 2; RRS § 6866. Formerly RCW 19.48.110, 19.48.120.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Legislative findings—1985 c 129: "The legislature finds that commercial ski areas, which contribute significantly to the economic well-being of the state, suffer substantial financial losses from the fraudulent use of their facilities by persons who obtain services without paying for them. It is therefore the intent of the legislature that the law that protects hotels, inns, and restaurants from such fraud be extended to also protect commercial ski areas." [1985 c 129 § 1.] Leaving restaurant or hotel or motel without paying: RCW 4.24.230. 19.48.900 Severability—1929 c 216. In the event that any section or any part of any section of this act, or this act as it applies to any persons or under any circumstances, should be adjudged invalid, such adjudication shall not affect or impair the validity of the remainder of this act, or the act as it applies to other persons, and under other circumstances. [1929 c 216 § 7.] 19.48.900 19.48.110 (2008 Ed.) Chapter 19.52 Chapter 19.52 RCW INTEREST—USURY Sections 19.52.005 19.52.010 19.52.020 19.52.025 19.52.030 19.52.032 19.52.034 19.52.036 19.52.060 19.52.080 19.52.090 19.52.100 19.52.110 19.52.115 19.52.120 Declaration of policy. Rate in absence of agreement—Application to consumer leases. Highest rate permissible—Setup charges. Computation of rates—Publication in the Washington State Register. Usury—Penalty upon suit on contract—Costs and attorneys’ fees. Declaratory judgment action to establish usury—Time limitations for commencing. Application of chapter 19.52 RCW to loan or forbearance made outside state. Application of consumer protection act. Interest on charges in excess of published rates. Defense of usury or maintaining action thereon prohibited if transaction primarily agricultural, commercial, investment, or business—Exception. Defense of usury or maintaining action thereon prohibited for certain types of transactions after May 1, 1980, and prior to March 1, 1981. Chapter not applicable to retail installment transactions. Limitations in chapter not applicable to interest charged by broker-dealers—When. Lender credit card agreements subject to provisions of chapter 19.52 RCW. Sales contract providing for deferred payment of purchase price not subject to chapter. [Title 19 RCW—page 101] 19.52.005 19.52.130 19.52.140 19.52.150 19.52.160 19.52.170 19.52.900 Title 19 RCW: Business Regulations—Miscellaneous Charge made by assignee of retail installment contract or charge agreement to seller-assignor not limited by chapter— No agreement between credit card issuing bank and retailer shall prohibit discounts for cash payment. Chapter not applicable to interest, penalties, or costs on delinquent property taxes. Defense or action of usury not applicable to consumer leases. Chapter not applicable to mobile homes. Chapter not applicable to certain loans from tax-qualified retirement plan. Application—Construction—1981 c 78. Interest rates on pledged property: RCW 19.60.060. rates on warrants: Chapter 39.56 RCW. Retail installment sales of goods and services: Chapter 63.14 RCW. 19.52.005 Declaration of policy. RCW 19.52.005, 19.52.020, 19.52.030, 19.52.032, 19.52.034, and 19.52.036 are enacted in order to protect the residents of this state from debts bearing burdensome interest rates; and in order to better effect the policy of this state to use this state’s policies and courts to govern the affairs of our residents and the state; and in recognition of the duty to protect our citizens from oppression generally. [1967 ex.s. c 23 § 2.] 19.52.005 Severability—1967 ex.s. c 23: "If any provision of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the chapter and the applicability thereof to other persons and circumstances shall not be affected thereby." [1967 ex.s. c 23 § 8.] Savings—1967 ex.s. c 23: "The provisions of this 1967 amendatory act shall not apply to transactions entered into prior to the effective date hereof." [1967 ex.s. c 23 § 9.] 19.52.010 Rate in absence of agreement—Application to consumer leases. (1) Every loan or forbearance of money, goods, or thing in action shall bear interest at the rate of twelve percent per annum where no different rate is agreed to in writing between the parties: PROVIDED, That with regard to any transaction heretofore or hereafter entered into subject to this section, if an agreement in writing between the parties evidencing such transaction provides for the payment of money at the end of an agreed period of time or in installments over an agreed period of time, then such agreement shall constitute a writing for purposes of this section and satisfy the requirements thereof. The discounting of commercial paper, where the borrower makes himself liable as maker, guarantor, or indorser, shall be considered as a loan for the purposes of this chapter. (2) A lease shall not be considered a loan or forbearance for the purposes of this chapter if: (a) It constitutes a "consumer lease" as defined in RCW 63.10.020; (b) It constitutes a lease-purchase agreement under chapter 63.19 RCW; or (c) It would constitute such "consumer lease" but for the fact that: (i) The lessee was not a natural person; (ii) The lease was not primarily for personal, family, or household purposes; or (iii) The total contractual obligation exceeded twentyfive thousand dollars. [1992 c 134 § 13. Prior: 1983 c 309 § 1; 1983 c 158 § 6; 1981 c 80 § 1; 1899 c 80 § 1; RRS § 7299; prior: 1895 c 136 § 1; 1893 c 20 § 1; Code 1881 § 2368; 1863 p 433 § 1; 1854 p 380 § 1.] 19.52.010 [Title 19 RCW—page 102] Short title—Severability—1992 c 134: See RCW 63.19.900 and 63.19.901. Severability—1983 c 158: See RCW 63.10.900. 19.52.020 19.52.020 Highest rate permissible—Setup charges. (1) Any rate of interest shall be legal so long as the rate of interest does not exceed the higher of: (a) Twelve percent per annum; or (b) four percentage points above the equivalent coupon issue yield (as published by the Board of Governors of the Federal Reserve System) of the average bill rate for twenty-six week treasury bills as determined at the first bill market auction conducted during the calendar month immediately preceding the later of (i) the establishment of the interest rate by written agreement of the parties to the contract, or (ii) any adjustment in the interest rate in the case of a written agreement permitting an adjustment in the interest rate. No person shall directly or indirectly take or receive in money, goods, or things in action, or in any other way, any greater interest for the loan or forbearance of any money, goods, or things in action. (2)(a) In any loan of money in which the funds advanced do not exceed the sum of five hundred dollars, a setup charge may be charged and collected by the lender, and such setup charge shall not be considered interest hereunder. (b) The setup charge shall not exceed four percent of the amount of funds advanced, or fifteen dollars, whichever is the lesser, except that on loans of under one hundred dollars a minimum not exceeding four dollars may be so charged. (3) Any loan made pursuant to a commitment to lend at an interest rate permitted at the time the commitment is made shall not be usurious. Credit extended pursuant to an openend credit agreement upon which interest is computed on the basis of a balance or balances outstanding during a billing cycle shall not be usurious if on any one day during the billing cycle the rate at which interest is charged for the billing cycle is not usurious. [1989 c 14 § 3; 1985 c 224 § 1; 1981 c 78 § 1; 1967 ex.s. c 23 § 4; 1899 c 80 § 2; RRS § 7300. Prior: 1895 c 136 § 2; 1893 c 20 § 3; Code 1881 § 2369; 1863 p 433 § 2; 1854 p 380 § 2.] Effective date—1985 c 224: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1985." [1985 c 224 § 2.] Severability—1981 c 78: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1981 c 78 § 7.] Severability—Savings—1967 ex.s. c 23: See notes following RCW 19.52.005. Interest on judgments: RCW 4.56.110. 19.52.025 19.52.025 Computation of rates—Publication in the Washington State Register. Each month the state treasurer shall compute the highest rate of interest permissible under RCW 19.52.020(1), and the rate of interest required by RCW 4.56.110(3) and 4.56.115, for the succeeding calendar month. The treasurer shall file these rates with the state code reviser for publication in the next available issue of the Washington State Register in compliance with RCW 34.08.020(8). [2004 c 185 § 4; 1986 c 60 § 1.] (2008 Ed.) Interest—Usury 19.52.030 Usury—Penalty upon suit on contract— Costs and attorneys’ fees. (1) If a greater rate of interest than is allowed by statute shall be contracted for or received or reserved, the contract shall be usurious, but shall not, therefore, be void. If in any action on such contract proof be made that greater rate of interest has been directly or indirectly contracted for or taken or reserved, the creditor shall only be entitled to the principal, less the amount of interest accruing thereon at the rate contracted for; and if interest shall have been paid, the creditor shall only be entitled to the principal less twice the amount of the interest paid, and less the amount of all accrued and unpaid interest; and the debtor shall be entitled to costs and reasonable attorneys’ fees plus the amount by which the amount the debtor has paid under the contract exceeds the amount to which the creditor is entitled: PROVIDED, That the debtor may not commence an action on the contract to apply the provisions of this section if a loan or forbearance is made to a corporation engaged in a trade or business for the purposes of carrying on said trade or business unless there is also, in connection with such loan or forbearance, the creation of liability on the part of a natural person or that person’s property for an amount in excess of the principal plus interest allowed pursuant to RCW 19.52.020. The reduction in principal shall be applied to diminish pro rata each future installment of principal payable under the terms of the contract. (2) The acts and dealings of an agent in loaning money shall bind the principal, and in all cases where there is usurious interest contracted for by the transaction of any agent the principal shall be held thereby to the same extent as though the principal had acted in person. Where the same person acts as agent of the borrower and lender, that person shall be deemed the agent of the lender for the purposes of this chapter. If the agent of both the borrower and lender, or of the lender only, transacts a usurious loan for a commission or fee, such agent shall be liable to the principal for the amount of the commission or fee received or reserved by the agent, and liable to the lender for the loss suffered by the lender as a result of the application of this chapter. [1989 c 14 § 7; 1967 ex.s. c 23 § 5; 1899 c 80 § 7; RRS § 7304. Prior: 1895 c 136 § 5; 1893 c 20 § 3. Formerly RCW 19.52.030 through 19.52.050.] 19.52.030 Severability—Savings—1967 ex.s. c 23: See notes following RCW 19.52.005. 19.52.032 Declaratory judgment action to establish usury—Time limitations for commencing. The debtor, if a natural person, or the creditor may bring an action for declaratory judgment to establish whether a loan or forbearance contract is or was usurious, and such an action shall be considered an action on the contract for the purposes of applying the provisions of RCW 19.52.030. Such an action shall be brought against the current creditor or debtor on the contract or, if the loan or debt has been fully repaid, by the debtor against the creditor to whom the debtor was last indebted on the contract. No such an action shall be commenced after six months following the date the final payment becomes due, whether by acceleration or otherwise, nor after six months following the date the principal is fully paid, whichever first occurs. If the debtor commences such an action and fails to establish usury, and if the court finds the action was frivo19.52.032 (2008 Ed.) 19.52.090 lously commenced, the defendant or defendants may, in the court’s discretion, recover reasonable attorney’s fees from the debtor. [1967 ex.s. c 23 § 6.] Severability—Savings—1967 ex.s. c 23: See notes following RCW 19.52.005. 19.52.034 Application of chapter 19.52 RCW to loan or forbearance made outside state. Whenever a loan or forbearance is made outside Washington state to a person then residing in this state the usury laws found in chapter 19.52 RCW, as now or hereafter amended, shall be applicable in all courts of this state to the same extent such usury laws would be applicable if the loan or forbearance was made in this state. [1967 ex.s. c 23 § 3.] 19.52.034 Severability—Savings—1967 ex.s. c 23: See notes following RCW 19.52.005. 19.52.036 Application of consumer protection act. Entering into or transacting a usurious contract is hereby declared to be an unfair act or practice in the conduct of commerce for the purpose of the application of the consumer protection act found in chapter 19.86 RCW. [1967 ex.s. c 23 § 7.] 19.52.036 Severability—Savings—1967 ex.s. c 23: See notes following RCW 19.52.005. 19.52.060 Interest on charges in excess of published rates. Any corporation, partnership or individual who furnishes the public any goods, wares, merchandise, pledge, security, insurance or transportation of which the price, rate or tariff is by law required to be published, shall, when any price, rate or tariff is charged in excess of the existing and established price, rate or tariff, refund to the person, partnership or corporation so overcharge, or to the assignee of such claim, the amount of such overcharge, and on failure so to do, the claim for such overcharge shall bear interest at the rate of eight percent per annum until paid. [1907 c 187 § 1; RRS § 5841.] 19.52.060 19.52.080 Defense of usury or maintaining action thereon prohibited if transaction primarily agricultural, commercial, investment, or business—Exception. Profit and nonprofit corporations, Massachusetts trusts, associations, trusts, general partnerships, joint ventures, limited partnerships, and governments and governmental subdivisions, agencies, or instrumentalities may not plead the defense of usury nor maintain any action thereon or therefor, and persons may not plead the defense of usury nor maintain any action thereon or therefor if the transaction was primarily for agricultural, commercial, investment, or business purposes: PROVIDED, HOWEVER, That this section shall not apply to a consumer transaction of any amount. Consumer transactions, as used in this section, shall mean transactions primarily for personal, family, or household purposes. [1981 c 78 § 2; 1975 1st ex.s. c 180 § 1; 1970 ex.s. c 97 § 2; 1969 ex.s. c 142 § 1.] 19.52.080 Severability—1981 c 78: See note following RCW 19.52.020. 19.52.090 Defense of usury or maintaining action thereon prohibited for certain types of transactions after 19.52.090 [Title 19 RCW—page 103] 19.52.100 Title 19 RCW: Business Regulations—Miscellaneous May 1, 1980, and prior to March 1, 1981. No person may plead the defense of usury or maintain any action thereon or therefor for the interest charged on the unpaid balance of a contract for the sale and purchase of personal property which was not purchased primarily for personal, family or household use or real property if the purchase was made after May 1, 1980 and prior to March 1, 1981. [1981 c 78 § 9.] Severability—1981 c 78: See note following RCW 19.52.020. 19.52.100 Chapter not applicable to retail installment transactions. This chapter shall not apply to a retail installment transaction, as defined by RCW 63.14.010, whether or not it is construed to be a loan or forbearance of any money, goods, or things in action. [1981 c 78 § 3.] 19.52.100 Severability—1981 c 78: See note following RCW 19.52.020. 19.52.110 Limitations in chapter not applicable to interest charged by broker-dealers—When. The interest charged by any broker-dealer registered under chapter 21.20 RCW and under the federal securities and exchange act of 1934, as amended, shall not be subject to the limitations imposed by this chapter if the underlying loans (1) may be paid in full at the option of the borrower and (2) are subject to the credit regulations of the board of governors of the federal reserve system, or its successor. [1981 c 79 § 1.] 19.52.110 19.52.115 Lender credit card agreements subject to provisions of chapter 19.52 RCW. See RCW 63.14.165. 19.52.115 (8) That the financing organization or its affiliates also provide franchising, financing, or other services to the sellerassignor. [1981 c 77 § 7.] Application, saving—Severability—1981 c 77: See RCW 63.14.902 and 63.14.903. 19.52.130 Charge made by assignee of retail installment contract or charge agreement to seller-assignor not limited by chapter—No agreement between credit card issuing bank and retailer shall prohibit discounts for cash payment. (1) Nothing contained in this chapter shall be deemed to limit any charge made by an assignee of a retail installment contract or charge agreement to the sellerassignor upon the sale, transfer, assignment, or discount of the contract or agreement, notwithstanding retention by the assignee of recourse rights and notwithstanding duties retained by the assignee to service delinquencies, perform service or warranty agreements regarding the property which is the subject matter of the assigned or discounted contracts or charge agreements, or to do or perform any other duty with respect to the account or contract assigned or the subject matter of such account or contract. (2) No agreement between a credit card issuing bank and retailer shall prohibit the retailer from granting general discounts for the payment of cash, not in excess of the percentage allowed by Regulation Z, the Federal Truth in Lending Act. [1981 c 77 § 8.] 19.52.130 Application, saving—Severability—1981 c 77: See RCW 63.14.902 and 63.14.903. 19.52.140 Chapter not applicable to interest, penalties, or costs on delinquent property taxes. This chapter does not apply in respect to interest, penalties, or costs imposed on delinquent property taxes under chapter 84.64 RCW. [1981 c 322 § 8.] 19.52.140 19.52.120 Sales contract providing for deferred payment of purchase price not subject to chapter. A sales contract for goods or services providing for the deferred payment of the purchase price shall not be subject to this chapter, regardless of who seeks to enforce the contract, notwithstanding the existence or occurrence of any one or more of the following events: (1) That the seller may have arranged to sell, pledge, indorse, negotiate, assign, or transfer the obligations thereof to any person, including a financing organization, prior to or subsequent to or concurrently with the making of the sales transaction; (2) That the amount of the finance charge, however denominated, is determined by reference to charts, computations or information supplied by such person; (3) That the form or forms of instruments used to evidence the sales transaction have been supplied or prepared by such person; (4) That the credit standing of the purchaser is or may have been evaluated by such person; (5) That the sales transaction and the execution of any instrument evidencing the same is negotiated in the presence or with the assistance of a representative of such person; (6) That the instrument or instruments used to evidence the sales transaction are pledged, indorsed, negotiated, assigned, or transferred by the seller to such person; (7) That there is an underlying agreement between the seller and such person concerning the pledging, indorsing, negotiation, assigning, or transferring of sales contracts; or 19.52.120 [Title 19 RCW—page 104] 19.52.150 Defense or action of usury not applicable to consumer leases. See RCW 63.10.060. 19.52.150 19.52.160 Chapter not applicable to mobile homes. This chapter shall not apply to the financing of mobile homes which meets the definition of real property contained in RCW 84.04.090, and which financing is insured by a federal instrumentality. [1985 c 395 § 6.] 19.52.160 19.52.170 Chapter not applicable to certain loans from tax-qualified retirement plan. This chapter does not apply to any loan permitted under applicable federal law and regulations from a tax-qualified retirement plan to a person then a participant or a beneficiary under the plan. This section affects loans being made, negotiated, renegotiated, extended, renewed, or revised on or after April 20, 1989. [1989 c 138 § 1.] 19.52.170 19.52.900 Application—Construction—1981 c 78. Chapter 78, Laws of 1981 shall apply only to loans or forbearances or transactions which are entered into after May 8, 1981, or to existing loans or forbearances, contracts or agreements which were not primarily for personal, family, or household use to which there is an addition to the principal 19.52.900 (2008 Ed.) Motion Picture Fair Competition Act amount of the credit outstanding after May 8, 1981: PROVIDED, HOWEVER, That nothing in chapter 78, Laws of 1981 shall be construed as implying that agricultural or investment purposes are not already included within the meaning of "commercial or business purposes" as used in RCW 19.52.080 as in effect prior to May 8, 1981. [1989 c 8 § 2; 1981 c 78 § 10.] Severability—1981 c 78: See note following RCW 19.52.020. Chapter 19.56 Chapter 19.56 RCW UNSOLICITED GOODS Sections 19.56.010 19.56.020 19.56.030 Newspaper mailed without authority is gift. Unsolicited goods or services as gifts. Violation—Application of consumer protection act. Advertising, crimes relating to: Chapter 9.04 RCW. Libel and slander: Chapter 9.58 RCW. 19.56.010 Newspaper mailed without authority is gift. Whenever any person, company or corporation owning or controlling any newspaper or periodical of any kind, or whenever any editor or proprietor of any such newspaper or periodical shall mail or send any such newspaper or periodical to any person or persons in this state without first receiving an order for said newspaper or periodical from such person or persons to whom said newspaper or periodical is mailed or sent, it shall be deemed to be a gift, and no debt or obligation shall accrue against such person or persons, whether said newspaper or periodical is received by the person or persons to whom it is sent or not. [2000 c 171 § 55; 1890 p 460 § 1; RRS § 5842.] 19.56.010 19.56.020 Unsolicited goods or services as gifts. If unsolicited goods or services are provided to a person, the person has a right to accept the goods or services as a gift only, and is not bound to return the goods or services. Goods or services are not considered to have been solicited unless the recipient specifically requested, in an affirmative manner, the receipt of the goods or services according to the terms under which they are being offered. Goods or services are not considered to have been requested if a person fails to respond to an invitation to purchase the goods or services and the goods or services are provided notwithstanding. If the unsolicited goods or services are either addressed to or intended for the recipient, the recipient may use them or dispose of them in any manner without any obligation to the provider, and in any action for goods or services sold and delivered, or in any action for the return of the goods, it is a complete defense that the goods or services were provided voluntarily and that the defendant did not affirmatively order or request the goods or services, either orally or in writing. [1992 c 43 § 1; 1967 c 57 § 1.] 19.56.020 19.56.030 Violation—Application of consumer protection act. Violation of RCW 19.56.020 is a matter affecting the public interest for the purpose of applying chapter 19.86 RCW. Failure to comply with this chapter is not reasonable in relation to the development and preservation of business. A violation of RCW 19.56.020 constitutes an unfair 19.56.030 (2008 Ed.) 19.58.020 or deceptive act or practice in trade or commerce for the purposes of applying chapter 19.86 RCW. [1992 c 43 § 2.] Chapter 19.58 RCW MOTION PICTURE FAIR COMPETITION ACT Chapter 19.58 Sections 19.58.010 19.58.020 19.58.030 19.58.040 19.58.050 19.58.900 19.58.905 Purpose. Definitions. Blind bidding or blind selling prohibited—Trade screening required—Notice. Solicitation of bids. Violation—Civil suit—Attorneys’ fees. Short title. Severability—1979 ex.s. c 29. 19.58.010 Purpose. The purpose of this chapter is to establish fair and open procedures for bidding and negotiation for the right to exhibit motion pictures in the state in order to prevent unfair and deceptive acts or practices and unreasonable restraints of trade in the business of motion picture distribution and exhibition within the state; to promote fair and effective competition in that business; and to insure that exhibitors have the opportunity to view a motion picture and know its contents before committing themselves to exhibiting the motion picture in their communities. [1979 ex.s. c 29 § 1.] 19.58.010 19.58.020 Definitions. The definitions contained in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Bid" means a written or oral offer or proposal to buy made by an exhibitor to a distributor in response to an invitation to bid for the license or right to exhibit a motion picture, the license stating the terms under which the exhibitor agrees to exhibit the motion picture. (2) "Blind bidding" means the exhibitor’s bidding or negotiating for, or the exhibitor’s offering or agreeing to, terms for the license or right to exhibit a feature motion picture at any time either before the feature motion picture has been trade screened within the state or before the feature motion picture has been otherwise made available for viewing within the state by all exhibitors. (3) "Blind selling" means the practice whereby a distributor licenses a feature motion picture before the exhibitor is afforded an opportunity to view the feature motion picture by trade screening. (4) "Buying" or "selling" of the right to exhibit a feature motion picture means the licensing of a theater to show the feature motion picture for a certain number of days for a certain price. (5) "Distributor" means a person engaged in the business of distributing or supplying more than one feature motion picture per year to exhibitors by rental, sale, licensing, or other agreement. (6) "Exhibit" or "exhibition" means playing or showing a feature motion picture to the public for an admission charge. (7) "Exhibitor" means a person in the business of operating one or more theaters in which motion pictures are exhibited to the public. (8) "Feature motion picture" means a motion picture exceeding sixty minutes in duration. 19.58.020 [Title 19 RCW—page 105] 19.58.030 Title 19 RCW: Business Regulations—Miscellaneous (9) "Invitation to bid" means a written or oral solicitation or invitation by a distributor to one or more exhibitors to bid or negotiate for the license or right to exhibit a feature motion picture. (10) "Licensing agreement" means a contract, agreement, understanding, or condition between a distributor and an exhibitor relating to the licensing or exhibition of a feature motion picture by the exhibitor. (11) "Person" means one or more individuals, firms, partnerships, associations, societies, trusts, organizations, or corporations. (12) "Run" means the continuous exhibition of a feature motion picture in a defined geographic area for a specified period of time. A "first run" is the first exhibition of the feature motion picture in the defined area; a "second run" is the second exhibition; and "subsequent runs" are subsequent exhibitions after the second run. "Exclusive run" is a run limited to a single theater in a defined geographic area and a "nonexclusive run" is a run in more than one theater in a defined geographic area. (13) "Theater" means an establishment in which feature motion pictures are regularly exhibited to the public for an admission charge. (14) "Trade screening" means the exhibition of a feature motion picture, prior to its release for public exhibition by a distributor, in the largest city within the state, which is open to all exhibitors from whom the distributor intends to solicit bids or with whom the distributor intends to negotiate for the license or right to exhibit the feature motion picture. [1979 ex.s. c 29 § 2.] tion, including the address, where the bids will be opened, which shall be within the state. (2) All bids shall be submitted in writing and shall be opened at the same time and in the presence of those exhibitors, or their agents, who submitted bids and who attend the bid opening. (3) Immediately upon being opened, the bids shall be subject to examination by the exhibitors, or their agents, who submitted bids, and who are present at the opening. Within ten business days after the bids are opened, the distributor shall notify each exhibitor who submitted a bid either the name of the winning bidder or the fact that none of the bids were acceptable. (4) Once bids are solicited, the distributor shall license the feature motion picture only by bidding and may solicit rebids if none of the submitted bids are acceptable. [1979 ex.s. c 29 § 4.] 19.58.050 Violation—Civil suit—Attorneys’ fees. Any person aggrieved by a violation of this chapter may bring a civil action in superior court to enjoin further violations or to recover the actual damages sustained, or both, together with the costs of the suit. In any such action, the court shall award reasonable attorneys’ fees to the prevailing party. [1979 ex.s. c 29 § 5.] 19.58.050 19.58.900 Short title. This chapter may be known and cited as the Washington motion picture fair competition act. [1979 ex.s. c 29 § 6.] 19.58.900 19.58.905 Severability—1979 ex.s. c 29. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1979 ex.s. c 29 § 8.] 19.58.905 19.58.030 Blind bidding or blind selling prohibited— Trade screening required—Notice. (1) The buying or selling of the right to exhibit a feature motion picture by blind bidding or blind selling is prohibited within the state. (2) No bids may be returnable, no negotiations for the exhibition or licensing of a motion picture may take place, and no license agreement or any of its terms may be agreed upon, for the exhibition of a feature motion picture within the state before the feature motion picture has either been trade screened or otherwise made available for viewing by all exhibitors within the state. (3) A distributor shall provide reasonable and uniform notice of the trade screening of feature motion pictures to those exhibitors within the state from whom bids will be solicited or with whom negotiations will be conducted for the license or right to exhibit the feature motion picture. (4) A purported waiver of the prohibition in this chapter against blind bidding or blind selling is void and unenforceable. [1979 ex.s. c 29 § 3.] 19.58.030 19.58.040 Solicitation of bids. If bids are solicited from exhibitors for the licensing of a feature motion picture within the state, then: (1) The invitation to bid shall specify: (a) Whether the run for which the bid is being solicited is a first, second, or subsequent run; whether the run is an exclusive or nonexclusive run; and, the geographic area for the run; (b) the names of all exhibitors who are being solicited; (c) the date and hour the invitation to bid expires; and (d) the time, date, and loca- Chapter 19.60 RCW PAWNBROKERS AND SECONDHAND DEALERS Chapter 19.60 Sections 19.60.010 19.60.014 19.60.020 19.60.040 19.60.045 19.60.050 19.60.055 19.60.060 19.60.061 19.60.062 19.60.066 19.60.068 19.58.040 [Title 19 RCW—page 106] 19.60.075 19.60.085 19.60.900 19.60.901 Definitions. Fixed place of business required. Duty to record information. Report to chief law enforcement officer. Duties upon notification that property is reported stolen. Retention of property by pawnbrokers—Inspection. Retention of property by secondhand dealers—Inspection. Rates of interest and other fees—Sale of pledged property. Pawnbrokers—Sale of pledged property limited—Written document required for transactions. Attorney fees and costs in action to recover possession or determine title or ownership. Prohibited acts—Penalty. Resale agreement to avoid interest and fee restrictions prohibited. Regulation by political subdivisions. Exemptions. Severability—1984 c 10. Effective date—1984 c 10. Larceny—Receiving stolen property: RCW 9A.56.140 through 9A.56.170. 19.60.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. 19.60.010 (2008 Ed.) Pawnbrokers and Secondhand Dealers (1) Melted metals means metals derived from metal junk or precious metals that have been reduced to a melted state from other than ore or ingots which are produced from ore that has not previously been processed. (2) Metal junk means any metal that has previously been milled, shaped, stamped, or forged and that is no longer useful in its original form, except precious metals. (3) Nonmetal junk means any nonmetal, commonly discarded item that is worn out, or has outlasted its usefulness as intended in its original form except nonmetal junk does not include an item made in a former period which has enhanced value because of its age. (4) Pawnbroker means every person engaged, in whole or in part, in the business of loaning money on the security of pledges of personal property, or deposits or conditional sales of personal property, or the purchase or sale of personal property. (5) Precious metals means gold, silver, and platinum. (6) Secondhand dealer means every person engaged in whole or in part in the business of purchasing, selling, trading, consignment selling, or otherwise transferring for value, secondhand property including metal junk, melted metals, precious metals, whether or not the person maintains a fixed place of business within the state. Secondhand dealer also includes persons or entities conducting business at flea markets or swap meets, more than three times per year. (7) Secondhand property means any item of personal property offered for sale which is not new, including metals in any form, except postage stamps, coins that are legal tender, bullion in the form of fabricated hallmarked bars, used books, and clothing of a resale value of seventy-five dollars or less, except furs. (8) Transaction means a pledge, or the purchase of, or consignment of, or the trade of any item of personal property by a pawnbroker or a secondhand dealer from a member of the general public. (9) "Loan period" means the period of time from the date the loan is made until the date the loan is paid off, the loan is in default, or the loan is refinanced and new loan documents are issued, including all grace or extension periods. [1995 c 133 § 1; 1991 c 323 § 1; 1985 c 70 § 1; 1984 c 10 § 1; 1981 c 279 § 3; 1909 c 249 § 235; RRS § 2487. FORMER PARTS OF SECTION: (i) 1909 c 249 § 236; RRS § 2488, now codified as RCW 19.60.015. (ii) 1939 c 89 § 1; RRS § 2488-1, now codified as RCW 19.60.065.] 19.60.014 Fixed place of business required. No person may operate as a pawnbroker unless the person maintains a fixed place of business within the state. [1984 c 10 § 4.] 19.60.014 19.60.020 Duty to record information. (1) Every pawnbroker and secondhand dealer doing business in this state shall maintain wherever that business is conducted a record in which shall be legibly written in the English language, at the time of each transaction the following information: (a) The signature of the person with whom the transaction is made; (b) The date of the transaction; 19.60.020 (2008 Ed.) 19.60.045 (c) The name of the person or employee or the identification number of the person or employee conducting the transaction, as required by the applicable chief of police or the county’s chief law enforcement officer; (d) The name, date of birth, sex, height, weight, race, and address and telephone number of the person with whom the transaction is made; (e) A complete description of the property pledged, bought, or consigned, including the brand name, serial number, model number or name, any initials or engraving, size, pattern, and color or stone or stones, and in the case of firearms, the caliber, barrel length, type of action, and whether it is a pistol, rifle, or shotgun; (f) The price paid or the amount loaned; (g) The type and identifying number of identification used by the person with whom the transaction was made, which shall consist of a valid drivers license or identification card issued by any state or two pieces of identification issued by a governmental agency, one of which shall be descriptive of the person identified. At all times, one piece of current government issued picture identification will be required; and (h) The nature of the transaction, a number identifying the transaction, the store identification as designated by the applicable law enforcement agency, or the name and address of the business and the name of the person or employee, conducting the transaction, and the location of the property. (2) This record shall at all times during the ordinary hours of business, or at reasonable times if ordinary hours of business are not kept, be open to the inspection of any commissioned law enforcement officer of the state or any of its political subdivisions, and shall be maintained wherever that business is conducted for three years following the date of the transaction. [1991 c 323 § 2; 1984 c 10 § 3; 1909 c 249 § 229; RRS § 2481.] 19.60.040 Report to chief law enforcement officer. (1) Upon request, every pawnbroker and secondhand dealer doing business in the state shall furnish a full, true, and correct transcript of the record of all transactions conducted on the preceding day. These transactions shall be recorded on such forms as may be provided and in such format as may be required by the chief of police or the county’s chief law enforcement officer within a specified time not less than twenty-four hours. This information may be transmitted to the applicable law enforcement agency electronically, by facsimile transmission, or by modem or similar device, or by delivery of computer disk subject to the requirements of, and approval by, the chief of police or the county’s chief law enforcement officer. (2) If a pawnbroker or secondhand dealer has good cause to believe that any property in his or her possession has been previously lost or stolen, the pawnbroker or secondhand dealer shall promptly report that fact to the applicable chief of police or the county’s chief law enforcement officer, together with the name of the owner, if known, and the date when, and the name of the person from whom it was received. [1991 c 323 § 3; 1984 c 10 § 6; 1909 c 249 § 231; RRS § 2483.] 19.60.040 19.60.045 Duties upon notification that property is reported stolen. Following notification from a law enforce19.60.045 [Title 19 RCW—page 107] 19.60.050 Title 19 RCW: Business Regulations—Miscellaneous ment agency that an item of property has been reported as stolen, the pawnbroker or secondhand dealer shall hold that property intact and safe from alteration, damage, or commingling. The pawnbroker or secondhand dealer shall place an identifying tag or other suitable identification upon the property so held. Property held shall not be released for one hundred twenty days from the date of police notification unless released by written consent of the applicable law enforcement agency or by order of a court of competent jurisdiction. In cases where the applicable law enforcement agency has placed a verbal hold on an item, that agency must then give written notice within ten business days. If such written notice is not received within that period of time, then the hold order will cease. The pawnbroker or secondhand dealer shall give a twenty-day written notice before the expiration of the one hundred twenty-day holding period to the applicable law enforcement agency about the stolen property. If notice is not given within twenty days, then the hold on the property shall continue for an additional one hundred twenty days. The applicable law enforcement agency may renew the holding period for additional one hundred twenty-day periods as necessary. After the receipt of notification from a pawnbroker or secondhand dealer, if an additional holding period is required, the applicable law enforcement agency shall give the pawnbroker or secondhand dealer written notice, prior to the expiration of the existing hold order. A law enforcement agency shall not place on hold any item of personal property unless that agency reasonably suspects that the item of personal property is a lost or stolen item. Any hold that is placed on an item will be removed as soon as practicable after the item on hold is determined not to be stolen or lost. [1991 c 323 § 4; 1984 c 10 § 5.] Receiving stolen property: RCW 9A.56.140 through 9A.56.170. 19.60.050 Retention of property by pawnbrokers— Inspection. Property bought or received in pledge by any pawnbroker shall not be removed from that place of business, except when redeemed by, or returned to the owner, within thirty days after the receipt of the property. Property shall at all times during the ordinary hours of business be open to inspection to any commissioned law enforcement officer of the state or any of its political subdivisions. [1991 c 323 § 5; 1984 c 10 § 8; 1909 c 249 § 232; RRS § 2484.] 19.60.050 Auction of secondhand property, exemption by rule of department of licensing: RCW 18.11.075. Restoration of stolen property: RCW 9.54.130. 19.60.055 Retention of property by secondhand dealers—Inspection. (1) Property bought or received on consignment by any secondhand dealer with a permanent place of business in the state shall not be removed from that place of business except consigned property returned to the owner, within thirty days after the receipt of the property. Property shall at all times during the ordinary hours of business be open to inspection to any commissioned law enforcement officer of the state or any of its political subdivisions. (2) Property bought or received on consignment by any secondhand dealer without a permanent place of business in the state, shall be held within the city or county in which the property was received, except consigned property returned to 19.60.055 [Title 19 RCW—page 108] the owner, within thirty days after receipt of the property. The property shall be available within the appropriate jurisdiction for inspection at reasonable times by any commissioned law enforcement officer of the state or any of its political subdivisions. [1991 c 323 § 6; 1984 c 10 § 7.] Auction of secondhand property, exemption by rule of department of licensing: RCW 18.11.075. 19.60.060 Rates of interest and other fees—Sale of pledged property. All pawnbrokers are authorized to charge and receive interest and other fees at the following rates for money on the security of personal property actually received in pledge: (1) The interest for the loan period shall not exceed: (a) For an amount loaned up to $9.99 - interest at $1.00 for each thirty-day period to include the loan date. (b) For an amount loaned from $10.00 to $19.99 - interest at the rate of $1.25 for each thirty-day period to include the loan date. (c) For an amount loaned from $20.00 to $24.99 - interest at the rate of $1.50 for each thirty-day period to include the loan date. (d) For an amount loaned from $25.00 to $34.99 - interest at the rate of $1.75 for each thirty-day period to include the loan date. (e) For an amount loaned from $35.00 to $39.99 - interest at the rate of $2.00 for each thirty-day period to include the loan date. (f) For an amount loaned from $40.00 to $49.99 - interest at the rate of $2.25 for each thirty-day period to include the loan date. (g) For the amount loaned from $50.00 to $59.99 - interest at the rate of $2.50 for each thirty-day period to include the loan date. (h) For the amount loaned from $60.00 to $69.99 - interest at the rate of $2.75 for each thirty-day period to include the loan date. (i) For the amount loaned from $70.00 to $79.99 - interest at the rate of $3.00 for each thirty-day period to include the loan date. (j) For the amount loaned from $80.00 to $89.99 - interest at the rate of $3.25 for each thirty-day period to include the loan date. (k) For the amount loaned from $90.00 to $99.99 - interest at the rate of $3.50 for each thirty-day period to include the loan date. (l) For the amount loaned from $100.00 or more - interest at the rate of three percent for each thirty-day period to include the loan date. (2) The fee for the preparation of loan documents, pledges, or reports required under the laws of the United States of America, the state of Washington, or the counties, cities, towns, or other political subdivisions thereof, shall not exceed: (a) For the amount loaned up to $4.99 - the sum of $1.50. (b) For the amount loaned from $5.00 to $9.99 - the sum of $3.00. (c) For the amount loaned from $10.00 to $14.99 - the sum of $4.00. (d) For the amount loaned from $15.00 to $19.99 - the sum of $4.50. 19.60.060 (2008 Ed.) Pawnbrokers and Secondhand Dealers (e) For the amount loaned from $20.00 to $24.99 - the sum of $5.00. (f) For the amount loaned from $25.00 to $29.99 - the sum of $5.50. (g) For the amount loaned from $30.00 to $34.99 - the sum of $6.00. (h) For the amount loaned from $35.00 to $39.99 - the sum of $6.50. (i) For the amount loaned from $40.00 to $44.99 - the sum of $7.00. (j) For the amount loaned from $45.00 to $49.99 - the sum of $7.50. (k) For the amount loaned from $50.00 to $54.99 - the sum of $8.00. (l) For the amount loaned from $55.00 to $59.99 - the sum of $8.50. (m) For the amount loaned from $60.00 to $64.99 - the sum of $9.00. (n) For the amount loaned from $65.00 to $69.99 - the sum of $9.50. (o) For the amount loaned from $70.00 to $74.99 - the sum of $10.00. (p) For the amount loaned from $75.00 to $79.99 - the sum of $10.50. (q) For the amount loaned from $80.00 to $84.99 - the sum of $11.00. (r) For the amount loaned from $85.00 to $89.99 - the sum of $11.50. (s) For the amount loaned from $90.00 to $94.99 - the sum of $12.00. (t) For the amount loaned from $95.00 to $99.99 - the sum of $12.50. (u) For the amount loaned from $100.00 to $104.99 - the sum of $13.00. (v) For the amount loaned from $105.00 to $109.99 - the sum of $13.25. (w) For the amount loaned from $110.00 to $114.99 - the sum of $13.75. (x) For the amount loaned from $115.00 to $119.99 - the sum of $14.25. (y) For the amount loaned from $120.00 to $124.99 - the sum of $14.50. (z) For the amount loaned from $125.00 to $129.99 - the sum of $14.75. (aa) For the amount loaned from $130.00 to $149.99 the sum of $15.50. (bb) For the amount loaned from $150.00 to $174.99 the sum of $15.75. (cc) For the amount loaned from $175.00 to $199.99 the sum of $16.00. (dd) For the amount loaned from $200.00 to $224.99 the sum of $17.00. (ee) For the amount loaned from $225.00 to $249.99 the sum of $18.00. (ff) For the amount loaned from $250.00 to $274.99 - the sum of $19.00. (gg) For the amount loaned from $275.00 to $299.99 the sum of $20.00. (hh) For the amount loaned from $300.00 to $324.99 the sum of $21.00. (2008 Ed.) 19.60.061 (ii) For the amount loaned from $325.00 to $349.99 - the sum of $22.00. (jj) For the amount loaned from $350.00 to $374.99 - the sum of $23.00. (kk) For the amount loaned from $375.00 to $399.99 the sum of $24.00. (ll) For the amount loaned from $400.00 to $424.99 - the sum of $25.00. (mm) For the amount loaned from $425.00 to $449.99 the sum of $26.00. (nn) For the amount loaned from $450.00 to $474.99 the sum of $27.00. (oo) For the amount loaned from $475.00 to $499.99 the sum of $28.00. (pp) For the amount loaned from $500.00 to $524.99 the sum of $29.00. (qq) For the amount loaned from $525.00 to $549.99 the sum of $30.00. (rr) For the amount loaned from $550.00 to $599.99 - the sum of $31.00. (ss) For the amount loaned from $600.00 to $699.99 - the sum of $36.00. (tt) For the amount loaned from $700.00 to $799.99 - the sum of $41.00. (uu) For the amount loaned from $800.00 to $899.99 the sum of $46.00. (vv) For the amount loaned from $900.00 to $999.99 the sum of $51.00. (ww) For the amount loaned from $1000.00 to $1499.99 - the sum of $56.00. (xx) For the amount loaned from $1500.00 to $1999.99 the sum of $61.00. (yy) For the amount loaned from $2000.00 to $2499.99 the sum of $66.00. (zz) For the amount loaned from $2500.00 to $2999.99 the sum of $71.00. (aaa) For the amount loaned from $3000.00 to $3499.99 - the sum of $76.00. (bbb) For the amount loaned from $3500.00 to $3999.99 - the sum of $81.00. (ccc) For the amount loaned from $4000.00 to $4499.99 - the sum of $86.00. (ddd) For the amount loaned from $4500.00 or more the sum of $91.00. (3) A pawnbroker may charge a storage fee of $3.00. An additional fee of $3.00 may be charged for storing a firearm. (4) Fees under subsection (2) of this section may be charged one time only for each loan period; no additional fees, other than interest allowed under subsection (1) of this section, shall be charged for making the loan. Storage fees are allowed under subsection (3) of this section. A copy of this section, set in twelve point type or larger, shall be posted prominently in each premises subject to this chapter. [2007 c 125 § 1; 1995 c 133 § 2; 1991 c 323 § 7; 1984 c 10 § 9; 1973 1st ex.s. c 91 § 1; 1909 c 249 § 234; RRS § 2486.] Interest—Usury: Chapter 19.52 RCW. 19.60.061 Pawnbrokers—Sale of pledged property limited—Written document required for transactions. 19.60.061 [Title 19 RCW—page 109] 19.60.062 Title 19 RCW: Business Regulations—Miscellaneous (1) The term of the loan shall be for a period of ninety days to include the date of the loan. (2) A pawnbroker shall not sell any property received in pledge, until a minimum of ninety days has expired. However, if a pledged article is not redeemed within the ninetyday period of the term of the loan, the pawnbroker shall have all rights, title, and interest of that item of personal property. The pawnbroker shall not be required to account to the pledgor for the proceeds received from the disposition of that item. Any provision of law relating to the foreclosures and the subsequent sale of forfeited pledged items, shall not be applicable to any pledge as defined under this chapter, the title to which is transferred in accordance with this section. (3) Every loan transaction entered into by a pawnbroker shall be evidenced by a written document, a copy of which shall be furnished to the pledgor. The document shall set forth the term of the loan; the final date on which the loan is due and payable; the loan preparation fee; the storage fee; the firearm fee, if applicable; any other fee allowed under law that is charged; the amount of interest charged every thirty days; the total amount due including the principal amount, the preparation fee, and all interest charges due if the loan is outstanding for the full ninety days allowed by the term; and the annual percentage rate, and shall inform the pledgor of the pledgor’s right to redeem the pledge at any time within the term of the loan. (4) If a person who has entered into a loan transaction with a pawnbroker in this state is unable to redeem and repay the loan on or before the expiration of the term of the loan, and that person wishes to retain his or her rights to use that item by rewriting the loan, and if both parties mutually agree, an existing loan transaction may be rewritten into a new loan, either in person or by mail. All applicable provisions of this chapter shall be followed in rewriting a loan, except that where an ex istin g lo an is rewritten b y m ail R CW 19.60.020(1) (a) and (g) shall not apply. [2007 c 125 § 2; 1995 c 133 § 3; 1991 c 323 § 8; 1984 c 10 § 10.] 19.60.062 Attorney fees and costs in action to recover possession or determine title or ownership. By either party, in an action brought by an owner to recover goods in the possession of a pawnbroker or secondhand dealer, or an action brought by a pawnbroker or secondhand dealer against an owner, or a person claiming ownership, to determine title or ownership of any item, the prevailing party is entitled to reasonable attorney’s fees and costs. [1991 c 323 § 9; 1984 c 10 § 11; 1979 ex.s. c 41 § 1.] 19.60.062 19.60.066 Prohibited acts—Penalty. It is a gross misdemeanor under chapter 9A.20 RCW for: (1) Any person to remove, alter, or obliterate any manufacturer’s make, model, or serial number, personal identification number, or identifying marks engraved or etched upon an item of personal property that was purchased, consigned, or received in pledge. In addition an item shall not be accepted for pledge or a secondhand purchase where the manufacturer’s make, model, or serial number, personal identification number, or identifying marks engraved or etched upon an item of personal property has been removed, altered, or obliterated; 19.60.066 [Title 19 RCW—page 110] (2) Any person to knowingly make, cause, or allow to be made any false entry or misstatement of any material matter in any book, record, or writing required to be kept under this chapter; (3) Any pawnbroker or secondhand dealer to receive any property from any person under the age of eighteen years, any person under the influence of intoxicating liquor or drugs, or any person known to the pawnbroker or secondhand dealer as having been convicted of burglary, robbery, theft, or possession of or receiving stolen property within the past ten years whether the person is acting in his or her own behalf or as the agent of another; (4) Any pawnbroker to engage in the business of cashing or selling checks, drafts, money orders, or other commercial paper serving the same purpose unless the pawnbroker complies with the provisions of chapter 31.45 RCW; or (5) Any person to violate knowingly any other provision of this chapter. [1991 c 355 § 21; 1991 c 323 § 10; 1984 c 10 § 12.] Reviser’s note: This section was amended by 1991 c 323 § 10 and by 1991 c 355 § 21, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Effective date, implementation—1991 c 355: See RCW 31.45.900. 19.60.068 Resale agreement to avoid interest and fee restrictions prohibited. A purchase of personal property shall not be made on the condition of selling it back at a stipulated time and price greater than the purchase price, for the purpose of avoiding the interest and fee restrictions of this chapter. [1991 c 323 § 11.] 19.60.068 19.60.075 Regulation by political subdivisions. The regulation of pawnbrokers and secondhand dealers under this chapter is not intended to restrict political subdivisions from enacting ordinances or codes requiring the licensing of pawnbrokers and secondhand dealers or from enacting ordinances or codes which are more restrictive than the provisions of this chapter. [1984 c 10 § 13.] 19.60.075 19.60.085 Exemptions. The provisions of this chapter do not apply to transactions conducted by the following: (1) Motor vehicle dealers licensed under chapter 46.70 RCW; (2) Vehicle wreckers or hulk haulers licensed under chapter 46.79 or 46.80 RCW; (3) Persons giving an allowance for the trade-in or exchange of secondhand property on the purchase of other merchandise of the same kind of greater value; and (4) Persons in the business of buying or selling empty food and beverage containers or metal or nonmetal junk. [2000 c 171 § 56; 1985 c 70 § 2; 1984 c 10 § 2.] 19.60.085 19.60.900 Severability—1984 c 10. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1984 c 10 § 15.] 19.60.900 19.60.901 Effective date—1984 c 10. This act is necessary for the immediate preservation of the public peace, 19.60.901 (2008 Ed.) Rebating by Practitioners of Healing Professions health, and safety, the support of the state government and its existing public institutions, and shall take effect thirty days after it is signed by the governor and filed with the secretary of state. [1984 c 10 § 16.] Reviser’s note: The effective date of this act [1984 c 10] was March 22, 1984. Chapter 19.64 Chapter 19.64 RCW RADIO BROADCASTING Sections 19.64.010 19.64.020 19.64.900 Liability of owner or operator limited. Speaker or sponsor liability not limited. Saving—1943 c 229. Libel and slander: Chapter 9.58 RCW. Radio broadcasting rights as to horse races: RCW 67.16.110. 19.64.010 Liability of owner or operator limited. Where the owner, licensee, or operator of a radio or television broadcasting station, or the agents or employees thereof, has required a person speaking over said station to submit a written copy of his script prior to such broadcast and has cut such speaker off the air as soon as reasonably possible in the event such speaker deviates from such written script, said owner, licensee, or operator, or the agents or employees thereof, shall not be liable for any damages, for any defamatory statement published or uttered by such person in or as a part of such radio or television broadcast unless such defamatory statements are contained in said written script. [1943 c 229 § 1; Rem. Supp. 1943 § 998-1.] 19.64.010 19.64.020 Speaker or sponsor liability not limited. Nothing contained shall be construed as limiting the liability of any speaker or his sponsor or sponsors for defamatory statements made by such speaker in or as a part of any such broadcast. [1943 c 229 § 2; Rem. Supp. 1943 § 998-2.] 19.64.020 19.64.900 Saving—1943 c 229. This chapter shall not be applicable to or affect any cause of action existing at the time this chapter becomes effective. [1943 c 229 § 3.] 19.64.900 Chapter 19.68 Chapter 19.68 RCW REBATING BY PRACTITIONERS OF HEALING PROFESSIONS Sections 19.68.010 19.68.020 19.68.030 19.68.040 Rebating prohibited—Disclosure—List of alternative facilities. Deemed unprofessional conduct. License may be revoked or suspended. Declaration of intent. Physicians, surgeons, dentists, oculists, optometrists, osteopaths, chiropractors, drugless healers, etc.: Title 18 RCW. 19.68.010 Rebating prohibited—Disclosure—List of alternative facilities. (1) It shall be unlawful for any person, firm, corporation or association, whether organized as a cooperative, or for profit or nonprofit, to pay, or offer to pay or allow, directly or indirectly, to any person licensed by the state of Washington to engage in the practice of medicine and (2008 Ed.) surgery, drugless treatment in any form, dentistry, or pharmacy and it shall be unlawful for such person to request, receive or allow, directly or indirectly, a rebate, refund, commission, unearned discount or profit by means of a credit or other valuable consideration in connection with the referral of patients to any person, firm, corporation or association, or in connection with the furnishings of medical, surgical or dental care, diagnosis, treatment or service, on the sale, rental, furnishing or supplying of clinical laboratory supplies or services of any kind, drugs, medication, or medical supplies, or any other goods, services or supplies prescribed for medical diagnosis, care or treatment. (2) Ownership of a financial interest in any firm, corporation or association which furnishes any kind of clinical laboratory or other services prescribed for medical, surgical, or dental diagnosis shall not be prohibited under this section where (a) the referring practitioner affirmatively discloses to the patient in writing, the fact that such practitioner has a financial interest in such firm, corporation, or association; and (b) the referring practitioner provides the patient with a list of effective alternative facilities, informs the patient that he or she has the option to use one of the alternative facilities, and assures the patient that he or she will not be treated differently by the referring practitioner if the patient chooses one of the alternative facilities. (3) Any person violating this section is guilty of a misdemeanor. [2003 c 53 § 147; 1993 c 492 § 233; 1973 1st ex.s. c 26 § 1; 1965 ex.s. c 58 § 1. Prior: 1949 c 204 § 1; Rem. Supp. 1949 § 10185-14.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Findings—Intent—1993 c 492: See notes following RCW 43.20.050. Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915. 19.68.020 Deemed unprofessional conduct. The acceptance directly or indirectly by any person so licensed of any rebate, refund, commission, unearned discount, or profit by means of a credit or other valuable consideration whether in the form of money or otherwise, as compensation for referring patients to any person, firm, corporation or association as set forth in RCW 19.68.030, constitutes unprofessional conduct. [1965 ex.s. c 58 § 2; 1949 c 204 § 2; Rem. Supp. 1949 § 10185-15.] 19.68.020 19.68.030 License may be revoked or suspended. The license of any person so licensed may be revoked or suspended if he has directly or indirectly requested, received or participated in the division, transference, assignment, rebate, splitting or refunding of a fee for, or has directly or indirectly requested, received or profited by means of a credit or other valuable consideration as a commission, discount or gratuity in connection with the furnishing of medical, surgical or dental care, diagnosis or treatment or service, including X-ray examination and treatment, or for or in connection with the sale, rental, supplying or furnishing of clinical laboratory service or supplies, X-ray services or supplies, inhalation therapy service or equipment, ambulance service, hospital or medical supplies, physiotherapy or other therapeutic service or equipment, artificial limbs, teeth or eyes, orthopedic or 19.68.030 Hearing instrument fitter/dispensers: RCW 18.35.110. 19.68.010 19.68.030 [Title 19 RCW—page 111] 19.68.040 Title 19 RCW: Business Regulations—Miscellaneous surgical appliances or supplies, optical appliances, supplies or equipment, devices for aid of hearing, drugs, medication or medical supplies or any other goods, services or supplies prescribed for medical diagnosis, care or treatment, except payment, not to exceed thirty-three and one-third percent of any fee received for X-ray examination, diagnosis or treatment, to any hospital furnishing facilities for such examination, diagnosis or treatment. [1965 ex.s. c 58 § 3. Prior: 1949 c 204 § 3; Rem. Supp. 1949 § 10185-16.] 19.68.040 Declaration of intent. It is the intent of this chapter, and this chapter shall be so construed, that persons so licensed shall only be authorized by law to charge or receive compensation for professional services rendered if such services are actually rendered by the licensee and not otherwise: PROVIDED, HOWEVER, That it is not intended to prohibit two or more licensees who practice their profession as copartners to charge or collect compensation for any professional services by any member of the firm, or to prohibit a licensee who employs another licensee to charge or collect compensation for professional services rendered by the employee licensee. [2000 c 171 § 57; 1949 c 204 § 4; Rem. Supp. 1949 § 10185-17.] 19.68.040 Chapter 19.72 Chapter 19.72 RCW SURETYSHIP Sections 19.72.001 19.72.020 19.72.030 19.72.040 19.72.060 19.72.070 19.72.080 19.72.090 19.72.100 19.72.101 19.72.107 19.72.109 19.72.110 19.72.130 19.72.140 19.72.141 19.72.150 19.72.160 19.72.170 19.72.180 19.72.900 Definitions. Individual sureties—Eligibility. Individual sureties—Number—Qualification. Individual sureties—Examination—Approval. Corporate surety. Subrogation of surety. Contribution among sureties. Default by surety—Indemnity. Notice to creditor to institute action. Failure of creditor to proceed—Discharge of surety. Surety bond—Liability limited. Release from official’s, executor’s, licensee’s, etc., bond— Definitions. Release from official’s, executor’s, licensee’s, etc., bond— Notice, service, proof. Release from official’s, executor’s, licensee’s, etc., bond— Effective date—Failure to give new bond, effect. Suretyship—Raising issue as defendant. Suretyship—Order to exhaust principal’s property. Heirs, etc., bound—Exception. Assets—Safekeeping agreements—Joint control of deposits. Bonds not to fail for want of form or substance. Successive recoveries on bond—Limitation. Application. Bail and appearance bonds: Chapter 10.19 RCW. Bond of executor or administrator: Chapter 11.28 RCW. Corporate seals, effect of absence from instrument: RCW 64.04.105. surety: Chapter 48.28 RCW. Official bonds, in general: Chapter 42.08 RCW. 19.72.001 Definitions. 19.72.001 See RCW 19.72.109. 19.72.020 Individual sureties—Eligibility. Whenever any bond or recognizance is required, or permitted, by law to be made, given or filed, conditioned upon the doing or not doing of anything specified therein and to be signed by one or more persons as sureties, each of such sureties shall be a res19.72.020 [Title 19 RCW—page 112] ident of this state; but no attorney-at-law, sheriff, clerk of any court of record, or other officer of such court, shall be permitted to become such surety. [1927 c 162 § 1; RRS § 958-1.] 19.72.030 Individual sureties—Number—Qualification. Each of such sureties shall have separate property worth the amount specified in the bond or recognizance, over and above all debts and liabilities, and exclusive of property exempt from execution, unless the other spouse joins in the execution of the bond, in which case they must have community property of such required value; but in case such bond or recognizance is given in any action or proceeding commenced or pending in any court the judge, on justification, may allow more than two sureties to justify, severally, in amounts less than the amount specified, if the whole justification is equivalent to that of two sufficient sureties. [1987 c 202 § 185; 1973 1st ex.s. c 154 § 22; 1927 c 162 § 2; RRS § 958-2.] 19.72.030 Intent—1987 c 202: See note following RCW 2.04.190. Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030. 19.72.040 Individual sureties—Examination— Approval. In case such bond or recognizance is given in any action or proceeding commenced or pending in any court, the judge or clerk of any court of record or district court, or any party to the action or proceeding for the security or protection of which such bond or recognizance is made may, upon notice, require any of such sureties to attend before the judge at a time and place specified and to be examined under oath touching the surety’s qualifications both as to residence and property as such surety, in such manner as the judge, in the judge’s discretion, may think proper. If the party demanding the examination require it, the examination shall be reduced to writing and subscribed by the surety. If the judge finds the surety possesses the requisite qualifications and property, the judge shall endorse the allowance thereof on the bond or recognizance, and cause it to be filed as provided by law, otherwise it shall be of no effect. [2000 c 171 § 58; 1987 c 202 § 186; 1927 c 162 § 3; RRS § 958-3. Formerly RCW 19.72.040, 19.72.050.] 19.72.040 Intent—1987 c 202: See note following RCW 2.04.190. 19.72.060 Corporate surety. Chapter 48.28 RCW. 19.72.060 See surety insurance: 19.72.070 Subrogation of surety. When any defendant, surety in a judgment or special bail or replevin or surety in a delivery bond or replevin bond, or any person being surety in any bond whatever, has been or shall be compelled to pay any judgment or any part thereof, or shall make any payment which is applied upon such judgment by reason of such suretyship, or when any sheriff or other officer or other surety upon his official bond shall be compelled to pay any judgment or any part thereof by reason of any default of such officer, except for failing to pay over money collected, or for wasting property levied upon, the judgment shall not be discharged by such payment, but shall remain in force for the use of the bail, surety, officer or other person making such payment, and after the plaintiff is paid, so much of the judgment as remains unsatisfied may be prosecuted to execution 19.72.070 (2008 Ed.) Suretyship for his use. [Code 1881 § 648; RRS § 978. Prior: 1877 p 134 § 651; 1869 p 151 § 588; 1854 p 211 § 430.] 19.72.080 Contribution among sureties. Any one of several judgment defendants, and any one of several replevin bail having paid and satisfied the plaintiff, shall have the remedy provided in RCW 19.72.070 against the codefendants and cosureties to collect of them the ratable proportion each is equitably bound to pay. [Code 1881 § 649; RRS § 979. Prior: 1877 p 135 § 652; 1869 p 151 § 589; 1854 p 211 § 431.] 19.72.080 19.72.090 Default by surety—Indemnity. No surety or his representative shall confess judgment or suffer judgment by default in any case where he is notified that there is a valid defense, if the principal will enter himself defendant to the action and tender to the surety or his representatives good security to indemnify him, to be approved by the court. [Code 1881 § 650; RRS § 980. Prior: 1877 p 135 § 653; 1869 p 151 § 590; 1854 p 211 § 432.] 19.72.090 19.72.100 Notice to creditor to institute action. Any person bound as surety upon any contract in writing for the payment of money or the performance of any act, when the right of action has accrued, may require by notice in writing the creditor or obligee forthwith to institute an action upon the contract. [Code 1881 § 644; RRS § 974. Prior: 1877 p 134 § 647; 1869 p 150 § 584; 1854 p 210 § 426. FORMER PART OF SECTION: Code 1881 § 645; RRS § 975, now codified as RCW 19.72.101.] 19.72.100 19.72.101 Failure of creditor to proceed—Discharge of surety. If the creditor or obligee shall not proceed within a reasonable time to bring his action upon such contract, and prosecute the same to judgment and execution, the surety shall be discharged from all liability thereon. [Code 1881 § 645; RRS § 975. Prior: 1877 p 134 § 648; 1869 p 150 § 585; 1854 p 210 § 427. Formerly RCW 19.72.100, part.] 19.72.101 19.72.107 Surety bond—Liability limited. (1) Except under RCW 19.72.109, surety bond means any form of surety insurance as defined in RCW 48.11.080. A surety bond may not provide any other type of insurance coverage defined in chapter 48.11 RCW. Language in any statute, ordinance, contract, or surety bond to the contrary is void. (2) A surety bond shall not be liable for damages based upon or arising out of any: (a) Tortious injury, including death, to: (i) Any person; or (ii) Any real or personal property; or (b) Failure to have any or adequate insurance coverage, even if liability under (a) or (b) of this subsection is imposed on the surety’s principal or the surety by contract, surety bond, strict liability, ordinance, statute, or common law. [1992 c 115 § 1.] 19.72.107 19.72.109 Release from official’s, executor’s, licensee’s, etc., bond—Definitions. Unless otherwise required by the context, words as used in RCW 19.72.110, and 19.72.130 shall mean: 19.72.109 (2008 Ed.) 19.72.130 (1) "Bond" shall mean and include any bond, undertaking or writing executed by a principal and surety, required by law from the principal as an official or employee of the state, or any county, municipal corporation or taxing district, or as guardian, executor, administrator, receiver or trustee, or as a licensee or permittee as a condition to the right to receive, hold or exercise any license, permit or franchise; (2) "Surety" shall mean and include any person, firm or corporation that has executed as surety any bond. [1937 c 145 § 1; RRS § 9942. Formerly RCW 19.72.010.] [SLC-RO17.] 19.72.110 19.72.110 Release from official’s, executor’s, licensee’s, etc., bond—Notice, service, proof. Any surety upon any bond described in RCW 19.72.109 desiring to be released from subsequent liability and responsibility on any such bond shall serve upon the principal of such bond a written notice that on and after a certain date to be fixed in the notice, which shall be not less than ten days from the date of the service of the notice, the surety will withdraw as surety from such bond and shall serve a copy of such notice upon the official with whom such bond is filed not less than ten days prior to the date fixed in the notice as the date of termination of liability. If such principal is an individual and resides within the state of Washington, or is a corporation doing business in the state of Washington, such notice shall be personally served upon such individual, or if the principal is a firm or a corporation, such notice shall be served personally upon any person upon whom personal service of summons may be made under the existing laws of the state of Washington. If the principal is an individual and is not a resident of the state of Washington, or cannot be found therein, or if the principal is a foreign corporation, such notice shall be mailed by registered mail to the last known address of such principal, if any, which fact shall be shown by affidavit filed with the notice of withdrawal as hereinafter provided, and a copy of such notice shall be published once a week for two consecutive weeks in a newspaper of general circulation in the county of the residence of the official with whom such bond is filed. The date of the last publication of notice shall be not less than twenty days from the date stated therein as the date upon which the surety will withdraw from the bond. Proof of such service or publication shall be made by affidavit and filed with the official with whom the bond is filed at least ten days before the date fixed in the notice of withdrawal. [1937 c 145 § 2; RRS § 9943. Formerly RCW 19.72.110 and 19.72.120.] [SLC-RO-17.] 19.72.130 19.72.130 Release from official’s, executor’s, licensee’s, etc., bond—Effective date—Failure to give new bond, effect. On and after the date fixed in the notice as the termination date the surety shall be released from subsequent liability on such bond; and, unless before the date fixed in such notice as the termination date by the surety, a new bond shall be filed with sufficient and satisfactory surety as required by law under which the bond was originally furnished and filed, the office, position or trust in the case of a public office, guardian, executor, administrator, receiver or trustee shall become vacant and a successor shall be appointed as provided by law; and in case of a license, certif[Title 19 RCW—page 113] 19.72.140 Title 19 RCW: Business Regulations—Miscellaneous icate, permit or franchise, the same shall become null and void: PROVIDED, HOWEVER, That no surety shall be released on the bond of any guardian, executor, administrator, receiver, or trustee until such fiduciary shall have furnished a new bond with surety approved by the court, or until his successor has been appointed and has qualified and taken over the fiduciary assets. Said notice of withdrawal shall be final and not subject to cancellation by said surety and said license, certificate, permit or franchise can only be continued upon filing a new bond as above provided. [1937 c 145 § 3; RRS § 9944.] [SLC-RO-17.] 19.72.140 19.72.140 Suretyship—Raising issue as defendant. When any action is brought against two or more defendants upon a contract, any one or more of the defendants being surety for the others, the surety may, upon a written complaint to the court, cause the question of suretyship to be tried and determined upon the issues made by the parties at the trial of the cause, or at any time before or after the trial, or at a subsequent term, but such proceedings shall not affect the proceedings of the plaintiff. [Code 1881 § 646; RRS § 976. Prior: 1877 p 134 § 649; 1869 p 150 § 586; 1854 p 210 § 428. FORMER PART OF SECTION: Code 1881 § 647; RRS § 977, now codified as RCW 19.72.141.] pal or sureties as established by the terms of said bond. [1953 c 46 § 1.] 19.72.170 Bonds not to fail for want of form or substance. No bond required by law, and intended as such bond, shall be void for want of form or substance, recital, or condition; nor shall the principal or surety on such account be discharged, but all the parties thereto shall be held and bound to the full extent contemplated by the law requiring the same, to the amount specified in such bond. In all actions on such defective bond, the plaintiff may state its legal effect, in the same manner as though it were a perfect bond. [Code 1881 § 749; 1854 p 219 § 489; RRS § 777. Formerly RCW 10.19.120, part.] [SLC-RO-10.] 19.72.170 19.72.180 Successive recoveries on bond—Limitation. In the event of the breach of the condition of any bond described in RCW 19.72.109, successive recoveries may be made thereon by any of the obligees thereof: PROVIDED, HOWEVER, That the total amount of all such recoveries, whether by one or more of such obligees, shall not exceed, in the aggregate, the penal sum specified in such bond. [1959 c 113 § 1.] 19.72.180 19.72.900 Application. This chapter applies to all sureties, regardless of whether the sureties are compensated or uncompensated. [1992 c 115 § 2.] 19.72.900 19.72.141 19.72.141 Suretyship—Order to exhaust principal’s property. If the finding upon such issue be in favor of the surety, the court shall make an order directing the sheriff to levy the execution upon, and first exhaust the property of the principal before a levy shall be made upon the property of the surety, and the clerk shall indorse a memorandum of the order upon the execution. [Code 1881 § 647; RRS § 977. Prior: 1877 p 134 § 650; 1869 p 151 § 587; 1854 p 211 § 429. Formerly RCW 19.72.140, part.] 19.72.150 19.72.150 Heirs, etc., bound—Exception. The provisions of RCW 19.72.070 through 19.72.101, 19.72.140, 19.72.141 shall extend to heirs, executors, and administrators of deceased persons, but the provisions of RCW 19.72.101 shall not operate against persons under legal disabilities. [Code 1881 § 651; RRS § 981. Prior: 1877 p 135 § 654; 1869 p 151 § 591; 1854 p 211 § 433.] 19.72.160 19.72.160 Assets—Safekeeping agreements—Joint control of deposits. It shall be lawful for any party of whom a bond, undertaking or other obligation is required, to agree with his surety or sureties for the deposit of any or all moneys and assets for which he and his surety or sureties are or may be held responsible, with a bank, savings bank, savings and loan association, safe deposit or trust company, authorized by law to do business as such, or with other depository approved by the court or a judge thereof, if such deposit is otherwise proper, for the safekeeping thereof, and in such manner as to prevent the withdrawal of such money or assets or any part thereof, without the written consent of such surety or sureties, or an order of court, or a judge thereof made on such notice to such surety or sureties as such court or judge may direct: PROVIDED, HOWEVER, That such agreement shall not in any manner release from or change the liability of the princi[Title 19 RCW—page 114] Chapter 19.76 Chapter 19.76 RCW BEVERAGE BOTTLES, ETC.— LABELING—REFILLING Sections 19.76.100 19.76.110 19.76.120 19.76.130 Labels on bottles, etc.—Filing—Publication. Refilling bottles, etc.—Forbidden. Refilling bottles, etc.—Possession as evidence. Refilling bottles, etc.—Penalty. Trademark registration: Chapter 19.77 RCW. 19.76.100 Labels on bottles, etc.—Filing—Publication. All persons engaged in the manufacture, bottling or selling of ale, porter, lager beer, soda, mineral water, or other beverages in casks, kegs, bottles or boxes, with their names or other marks of ownership stamped or marked thereon, may file in the office of the secretary of state a description of names or marks so used by them, and publish the same in a newspaper of general circulation in the county, printed in the English language, once a week for six successive weeks, in counties where the articles are manufactured, bottled or sold. [1985 c 469 § 11; 1981 c 302 § 1; 1897 c 38 § 1; RRS § 11546.] 19.76.100 Severability—1981 c 302: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1981 c 302 § 40.] Alcoholic beverage control: Title 66 RCW. Labeling of spirits, etc.: RCW 66.28.100 through 66.28.120. 19.76.110 Refilling bottles, etc.—Forbidden. It is hereby declared to be unlawful for any person or persons hereafter, without the written consent of the owner or owners 19.76.110 (2008 Ed.) Trademark Registration thereof, to fill with ale, porter, lager beer or soda, mineral water or other beverages, for sale or to be furnished to customers, any such casks, barrels, kegs, bottles or boxes so marked or stamped, or to sell, dispose of, buy or traffic in, or wantonly destroy any such cask, barrel, keg, bottle or box so marked, stamped, by the owner or owners thereof, after such owner or owners shall have complied with the provisions of RCW 19.76.100. [2003 c 53 § 148; 1897 c 38 § 2; RRS § 11547.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Crimes relating to brands and marks: Chapter 9.16 RCW. 19.76.120 Refilling bottles, etc.—Possession as evidence. The using by any person other than the rightful owner thereof, without such written permission, of any such cask, barrel, keg, bottle or box, for the sale therein of ale, porter, lager beer, soda, mineral waters or other beverages, or to be furnished to customers, or the buying, selling or trafficking in any such barrel, keg, bottle or box, by any person other than the owner, without such written permission, or the fact that any junk dealer or dealers in casks, barrels, kegs, bottles or boxes, shall have in his or her possession any such cask, barrel, keg, bottle or box so marked or stamped and registered as aforesaid, without such written permission, shall and is hereby declared to be prima facie evidence that such use, buying, selling, trafficking in or possession is unlawful within the meaning of RCW 19.76.100 through 19.76.120. [1897 c 38 § 3; RRS § 11548.] 19.76.120 19.76.130 Refilling bottles, etc.—Penalty. Any person who violates RCW 19.76.100 through 19.76.120 is guilty of a misdemeanor, and upon conviction shall be fined five dollars for each and every cask, barrel, keg, or box, and fifty cents for each and every bottle so by him, her, or them filled, bought, sold, used, trafficked in, or wantonly destroyed, together with costs of suit for first offense, and ten dollars for each and every cask, barrel, keg, and box and one dollar for each and every bottle so filled, bought, sold, used, trafficked in, or wantonly destroyed, together with the costs of suit for each subsequent offense. [2003 c 53 § 149.] 19.76.130 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Chapter 19.77 Chapter 19.77 RCW TRADEMARK REGISTRATION Sections 19.77.010 19.77.015 19.77.020 19.77.030 19.77.040 19.77.050 19.77.060 19.77.070 19.77.080 19.77.090 19.77.115 19.77.130 19.77.140 (2008 Ed.) Definitions. Reservation—Fees—Rules. Registration of certain trademarks prohibited. Application for registration—Fee—Rules—Corrections— Amendment for change in categories. Certificate of registration—Issuance—Contents—Admissibility in evidence. Duration of certificate—Renewal—Fees—Rules. Assignment of trademark, registration, or application—Fee— Rules. Secretary of state to keep records. Secretary of state must cancel certain registrations. Actions relating to registration—Service on secretary of state—Assessment—Set by rule. Classification of goods and services. Fraudulent registration—Financial liability. Trademark imitation. 19.77.150 19.77.160 19.77.170 19.77.900 19.77.910 19.77.920 19.77.930 19.77.940 19.77.010 Remedies of registrants. Injunctive relief for owners of famous marks. Use of trademark employed by alien person outside of United States—Limitation of damages, relief—Exceptions. Common law rights preserved prior to registration. Saving—1955 c 211. Severability—1955 c 211. Construction—1989 c 72. Prospective application—1989 c 72. Crimes relating to trademarks: Chapter 9.16 RCW. Materials specifically authorized to be printed and distributed by secretary of state: RCW 43.07.140. 19.77.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Alien" when used with reference to a person means a person who is not a citizen of the United States. (2) "Applicant" means the person filing an application for registration of a trademark under this chapter, his or her legal representatives, predecessors, successors, or assigns of record with the secretary of state. (3) "Domestic" when used with reference to a person means a person who is a citizen of the United States. (4) The term "colorable imitation" includes any mark which so resembles a registered mark as to be likely to cause confusion or mistake or to deceive. (5) A "counterfeit" is a spurious mark which is identical with, or substantially indistinguishable from, a registered mark. (6) "Dilution" means the lessening of the capacity of a famous mark to identify and distinguish goods or services through use of a mark by another person, regardless of the presence or absence of (a) competition between the owner of the famous mark and other parties, or (b) likelihood of confusion, mistake, or deception arising from that use. (7) "Person" means any individual, firm, partnership, corporation, association, union, or other organization capable of suing and being sued in a court of law. (8) "Registered mark" means a trademark registered under this chapter. (9) "Registrant" means the person to whom the registration of a trademark under this chapter is issued, his or her legal representatives, successors, or assigns of record with the secretary of state. (10) "Trademark" or "mark" means any word, name, symbol, or device or any combination thereof adopted and used by a person to identify goods made or sold by him or her and to distinguish them from goods made or sold by others, and any word, name, symbol, or device, or any combination thereof, and any title, designation, slogan, character name, and distinctive feature of radio or television programs, used by a person in the sale or advertising of services to identify the services provided by him or her and to distinguish them from the services of others. (11) A trademark shall be deemed to be "used" in this state when it is placed in the ordinary course of trade and not merely to reserve a right in a mark in any manner on the goods or their containers, or on tabs or labels affixed thereto, or displayed in connection with such goods, and such goods are sold or otherwise distributed in this state, or when it is used or displayed in the sale or advertising of services rendered in this state. 19.77.010 [Title 19 RCW—page 115] 19.77.015 Title 19 RCW: Business Regulations—Miscellaneous (12) "Trade name" means any name used by a person to identify a business or vocation of such a person. (13) A mark shall be deemed to be "abandoned": (a) When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for three consecutive years shall be prima facie evidence of abandonment; or (b) When any course of conduct of the registrant, including acts of omission as well as commission, causes the mark to become the generic name for the goods or services or causes the mark to lose its significance as an indication of source or origin. Purchaser motivation shall not be a test for determining abandonment under this subsection. [2003 c 34 § 1; 1994 c 60 § 6; 1989 c 72 § 1; 1955 c 211 § 1.] Effective date—1955 c 211: "This act shall be in force and take effect on September 1, 1955." [1955 c 211 § 19.] 19.77.015 Reservation—Fees—Rules. The exclusive right to the use of a trademark may be reserved by: (1) A person intending to register a trademark under this title; or (2) A domestic or foreign corporation intending to change its trademark. The reservation shall be made by filing with the secretary of state an application to reserve a specified trademark or service mark, executed by or on behalf of the applicant, one copy of the trademark artwork, and fees as set by rule by the secretary of state. If the secretary of state finds that the trademark is available for use, the secretary of state shall reserve the trademark for the exclusive use of the applicant for a period of one hundred eighty days. The reservation is limited to one filing. [1994 c 60 § 2.] 19.77.015 19.77.020 Registration of certain trademarks prohibited. (1) A trademark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it: (a) Consists of or comprises immoral, deceptive, or scandalous matter; or (b) Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute; or (c) Consists of or comprises the flag or coat of arms or other insignia of the United States, or of any state or municipality, or of any foreign nation, or any simulation thereof; or (d) Consists of or comprises the name, portrait, or signature identifying a particular living individual who has not consented in writing to its registration; or (e) Consists of or comprises a trademark which so resembles a trademark registered in this state, or a trademark or trade name used in this state by another prior to the date of the applicant’s or applicant’s predecessor’s first use in this state and not abandoned, as to be likely, when applied to the goods or services of the applicant, to cause confusion or mistake or to deceive. (2) Registration under this title does not constitute prima facie evidence that a mark is not merely descriptive, deceptively misdescriptive, or geographically descriptive or deceptively misdescriptive of the goods or services with which it is used, or is not primarily merely a surname, unless the appli19.77.020 [Title 19 RCW—page 116] cant has made substantially exclusive and continuous use thereof as a trademark in this state or elsewhere in the United States for the five years next preceding the date of the filing of the application for registration. (3) A trade name is not registrable under this chapter. However, if a trade name also functions as a trademark, it is registrable as a trademark. (4) The secretary of state shall make a determination of registerability by considering the application record and the marks previously registered and subsisting under this chapter. [2003 c 34 § 2; 1989 c 72 § 2; 1955 c 211 § 2.] 19.77.030 Application for registration—Fee— Rules—Corrections—Amendment for change in categories. (1) Subject to the limitations set forth in this chapter, any person who has adopted and is using a trademark in this state may file in the office of the secretary of state, on a form to be furnished by the secretary of state, an application for registration of that trademark setting forth, but not limited to, the following information: (a) The name and business address of the applicant, and, if the applicant is a corporation, its state of incorporation; (b) The particular goods or services in connection with which the trademark is used and the class in which such goods or services fall; (c) The manner in which the trademark is placed on or affixed to the goods or containers, or displayed in connection with such goods, or used in connection with the sale or advertising of the services; (d) The date when the trademark was first used with such goods or services anywhere and the date when it was first used with such goods or services in this state by the applicant or his predecessor in business; (e) A statement that the trademark is presently in use in this state by the applicant; (f) A statement that the applicant believes himself to be the owner of the trademark and believes that no other person has the right to use such trademark in connection with the same or similar goods or services in this state either in the identical form or in such near resemblance thereto as to be likely, when used on or in connection with the goods or services of such other person, to cause confusion or mistake or to deceive; and (g) Such additional information or documents as the secretary of state may reasonably require. (2) A single application for registration of a trademark may specify all goods or services in a single class or in multiple classes for which the trademark is actually being used. (3) The application shall be signed by the applicant individual, or by a member of the applicant firm, or by an officer of the applicant corporation, association, union or other organization. (4) The application shall be accompanied by three specimens or facsimiles of the trademark for each of the goods or services for which its registration is requested, and a filing fee, as set by rule by the secretary of state, payable to the secretary of state. The fee established by the secretary may vary based upon the number of categories listed in the application. (5) An applicant may correct an application previously filed by the secretary of state, within ninety days of the original filing, if the application contains an incorrect statement 19.77.030 (2008 Ed.) Trademark Registration or the application was defectively executed, signed, or acknowledged. An application is corrected by filing a form provided by the secretary of state, and accompanied by a filing fee established by the secretary by rule. The correction may not change the mark itself. A corrected application is effective on the effective date of the document it corrects, except that it is effective on the date the correction is filed as to persons relying on the uncorrected document and adversely affected by the correction. (6) An applicant may amend an application previously filed by the secretary of state if the applicant changes the categories in which it does business. An application is amended by filing a form provided by the secretary of state, accompanied by three specimens or facsimiles of the trademark for any new or additional goods or services for which the amendment is requested, and a filing fee established by the secretary by rule. The amendment or correction may not change the mark itself. An amended application is effective on the date it is filed. [1998 c 39 § 1; 1994 c 60 § 1; 1989 c 72 § 3; 1982 c 35 § 181; 1955 c 211 § 3.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 19.77.040 Certificate of registration—Issuance— Contents—Admissibility in evidence. Upon compliance by the applicant with the requirements of this chapter, the secretary of state shall issue a certificate of registration and deliver it to the applicant. The certificate of registration shall be issued under the signature of the secretary of state and the seal of the state, and it shall show the registrant’s name and business address and, if the registrant is a corporation, its state of incorporation, the date claimed for the first use of the trademark anywhere, the date claimed for the first use of the trademark in this state, the particular goods or services for which the trademark is used, the class in which such goods and services fall, a reproduction of the trademark, the registration date and the term of the registration. Any certificate of registration issued by the secretary of state under the provisions hereof or a copy thereof duly certified by the secretary of state shall be admissible in any action or judicial proceeding in any court of this state as prima facie evidence of: (1) The validity of the registration of the trademark; (2) The registrant’s ownership of the trademark; and (3) The registrant’s exclusive right to use the trademark in this state in connection with the goods or services specified in the certificate, subject to any conditions and limitations stated in the certificate. Registration of a trademark under this chapter shall be constructive notice of the registrant’s claim of ownership of the trademark throughout this state. [1989 c 72 § 4; 1955 c 211 § 4.] 19.77.040 19.77.050 Duration of certificate—Renewal—Fees— Rules. Registration of a trademark hereunder shall be effective for a term of five years from the date of registration. Upon application filed within six months prior to the expiration of such term, on a form to be furnished by the secretary of state requiring all the allegations of an application for original registration, the registration may be renewed for successive terms of five years as to the goods or services for which 19.77.050 (2008 Ed.) 19.77.080 the trademark is still in use in this state. A renewal fee as set by rule by the secretary of state, payable to the secretary of state, shall accompany each application for renewal of the registration. The secretary of state shall notify registrants of trademarks hereunder or their agents for service of record with the secretary of state of the necessity of renewal within the year, but not less than six months, next preceding the expiration of the unexpired original or renewed term by writing to the last known address of the registrants or their agents according to the files of the secretary of state. Neither the secretary of state’s failure to notify a registrant nor the registrant’s nonreceipt of a notice under this section shall extend the term of a registration or excuse the registrant’s failure to renew a registration. [2003 c 34 § 3; 1994 c 60 § 3; 1989 c 72 § 5; 1982 c 35 § 182; 1955 c 211 § 5.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 19.77.060 Assignment of trademark, registration, or application—Fee—Rules. Any trademark and its registration or application for registration hereunder shall be assignable with the good will of the business in which the trademark is used, or with that part of the good will of the business connected with the use of and symbolized by the trademark. An assignment by an instrument in writing duly executed and acknowledged, or the designation of a legal representative, successor, or agent for service shall be recorded by the secretary of state on request when accompanied by a fee, as set by rule by the secretary of state, payable to the secretary of state. On request, upon recording of the assignment and payment of a further fee of five dollars, the secretary of state shall issue in the name of the assignee a new certificate for the remainder of the unexpired original or renewal term of the registration. An assignment of any registration or application for registration under this chapter shall be void as against any subsequent purchaser for a valuable consideration without notice, unless it is recorded with the secretary of state within three months after the date thereof or prior to such subsequent purchase. [1994 c 60 § 4; 1982 c 35 § 183; 1955 c 211 § 6.] 19.77.060 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 19.77.070 Secretary of state to keep records. The secretary of state shall keep for public examination a record of all trademarks registered or renewed under this chapter, and the records specified in RCW 19.77.060. [1955 c 211 § 7.] 19.77.070 19.77.080 Secretary of state must cancel certain registrations. The secretary of state shall cancel from the register: (1) Any registration concerning which the secretary of state shall receive a voluntary written request for cancellation thereof from the registrant; (2) All expired registrations not renewed under this chapter; (3) Any registration concerning which a court of competent jurisdiction has rendered a final judgment against the registrant, which has become unappealable, canceling the registration or finding that: (a) The registered trademark has been abandoned; 19.77.080 [Title 19 RCW—page 117] 19.77.090 Title 19 RCW: Business Regulations—Miscellaneous (b) The registrant under this chapter or under a prior act is not the owner of the trademark; (c) The registration was granted contrary to the provisions of this chapter; (d) The registration was obtained fraudulently; (e) The registered trademark has become incapable of serving as a trademark; or (f) The registered trademark is so similar to a trademark registered by another person in the United States patent and trademark office, prior to the date of the filing of the application for registration by the registrant hereunder, and not abandoned, as to be likely to cause confusion or mistake or to deceive: PROVIDED, That such finding was made on petition of such other person and that should the registrant prove that he or she is the owner of a concurrent registration of the trademark in the United States patent and trademark office covering an area including this state, the registration hereunder shall not be canceled. [1989 c 72 § 6; 1955 c 211 § 8.] 19.77.090 Actions relating to registration—Service on secretary of state—Assessment—Set by rule. The secretary of state shall be the agent for service of process in any action relating to the registration of any registrant who is at the time of such service a nonresident or a foreign firm, corporation, association, union, or other organization without a resident of this state designated as the registrant’s agent for service of record with the secretary of state, or who cannot be found in this state, and service of process, pleadings and papers in such action made upon the secretary of state shall be held as due and sufficient process upon the registrant. The secretary of state shall charge and collect an assessment, as set by rule by the secretary of state, at the time of any service of process upon the secretary of state under this section. The assessment may be recovered as taxable costs by the party to the suit or action causing such service to be made if such party prevails in the suit or action. The assessment shall be deposited in the secretary of state’s revolving fund. [1994 c 287 § 5; 1982 c 35 § 184; 1955 c 211 § 9.] 19.77.090 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 19.77.115 Classification of goods and services. The secretary of state must adopt by rule a classification of goods and services for convenience of administration of this chapter, but not to limit or extend the applicant’s or registrant’s rights, and a single application for registration of a mark may include any or all goods upon which, or services with which, the mark is actually being used indicating the appropriate class or classes of goods or services. When a single application includes goods or services that fall within multiple classes, the secretary of state may require payment of a fee for each class. To the extent practical, the classification of goods and services should conform to the classification adopted by the United States patent and trademark office. [2003 c 34 § 4.] 19.77.115 19.77.130 Fraudulent registration—Financial liability. Any person who shall for himself, or on behalf of any other person, procure the registration of any trademark by the secretary of state under the provisions of this chapter, by 19.77.130 [Title 19 RCW—page 118] knowingly making any false or fraudulent representation or declaration, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of such registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction, together with costs of such action including reasonable attorneys’ fees. [1989 c 72 § 8; 1955 c 211 § 13.] 19.77.140 Trademark imitation. (1) Subject to the provisions of RCW 19.77.900 any person who shall: (a) Use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a trademark registered under this chapter in connection with the sale, offering for sale, or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source or origin of such goods or services; or (b) Reproduce, counterfeit, copy or colorably imitate any such trademark and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in connection with the sale or other distribution of goods or services in this state on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive as to the source or origin of such goods or services shall be liable to a civil action by the registrant for any or all of the remedies provided in RCW 19.77.150, except that under (b) of this subsection the registrant shall not be entitled to recover profits or damages unless the acts have been committed with the intent to cause confusion or mistake or to deceive. (2) In determining whether, under this chapter, there is a likelihood of confusion, mistake, or deception between marks when used in association with goods or services, the court shall consider all relevant factors, including, but not limited to the following: (a) The similarity or dissimilarity of the marks in their entireties to appearance, sound, meaning, connotation, and commercial impression; (b) The similarity or dissimilarity of the goods or services and nature of the goods and services; (c) The similarity or dissimilarity of trade channels; (d) The conditions under which sales are made and buyers to whom sales are made; (e) The fame of the marks; (f) The number and nature of similar marks in use on similar goods or services; (g) The nature and extent of any actual confusion; (h) The length of time during and conditions under which there has been concurrent use without evidence of actual confusion; (i) The variety of goods or services on which each of the marks is or is not used; (j) The nature and extent of potential confusion, i.e., whether de minimis or substantial; (k) Any other established fact probative of the effect of use. [2003 c 34 § 5; 1989 c 72 § 9; 1955 c 211 § 14.] 19.77.140 19.77.150 Remedies of registrants. Any registrant may proceed by suit to enjoin the manufacture, use, display, 19.77.150 (2008 Ed.) Trademark Registration or sale of any counterfeits or colorable imitations of a trademark registered under this chapter, and any court of competent jurisdiction may grant an injunction to restrain such manufacture, use, display, or sale as may be by the said court deemed just and reasonable, and may require the defendants to pay to such registrant all profits derived from and/or all damages suffered by reason of such wrongful manufacture, use, display, or sale; and such court may also order that any such counterfeits or colorable imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court, or to the registrant, to be destroyed. The court, in its discretion, may enter judgment awarding reasonable attorneys’ fees and/or an amount not to exceed three times such profits and damages in such cases where the court finds the other party committed the wrongful acts in bad faith or otherwise as according to the circumstances of the case. The enumeration of any right or remedy herein shall not affect a registrant’s right to prosecute under any penal law of this state. [2003 c 34 § 6; 1989 c 72 § 11; 1955 c 211 § 15.] 19.77.160 Injunctive relief for owners of famous marks. (1) The owner of a mark that is famous in this state shall be entitled, subject to the principles of equity and upon such terms as the court deems reasonable, to an injunction against another person’s commercial use in this state of a mark, commencing after the mark becomes famous, which causes dilution of the distinctive quality of the mark, and to obtain such other relief as is provided in this section. In determining whether a mark is famous and has distinctive quality, a court shall consider all relevant factors, including, but not limited to the following: (a) The degree or inherent or acquired distinctiveness of the mark in this state; (b) The duration and extent of use of the mark in connection with the goods or services with which the mark is used; (c) The duration and extent of advertising and publicity of the mark in this state; (d) The geographical extent of the trading area in which the mark is used; (e) The channels of trade for the goods or services with which the mark is used; (f) The degree of recognition of the mark in the trading areas and channels of trade in this state used by the mark’s owner and the person against whom the injunction is sought; (g) The nature and extent of use of the same or similar marks by third parties; and (h) Whether the mark is the subject of state registration in this state or United States registration. (2) The owner shall be entitled only to injunctive relief in an action brought under this section, unless the subsequent user willfully intended to trade on the owner’s reputation or to cause dilution of the owner’s mark. If such willful intent is proven, the owner shall also be entitled to the remedies set forth in this chapter, subject to the discretion of the court and the principles of equity. (3) The following are not actionable under this section: (a) Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify competing goods or services of the owner of the famous mark; 19.77.160 (2008 Ed.) 19.77.940 (b) Noncommercial use of a famous mark; and (c) All forms of reporting and news commentary. [2003 c 34 § 7; 1989 c 72 § 10.] 19.77.170 19.77.170 Use of trademark employed by alien person outside of United States—Limitation of damages, relief—Exceptions. Damages or equitable relief of any nature may not be awarded in any pending or future legal procedure in favor of an alien person against a domestic person on account of the domestic person’s use of a trademark or trade name in this state that is employed by the alien person outside of the United States, absent proof that: (1) The alien person had commenced to employ the trademark or trade name in connection with the sale of its goods or services within the United States prior to the time the domestic person commenced to use the trademark or trade name in this state; or (2) That the trademark was registered by the United States patent and trademark office or reserved by the secretary of state to the alien person at the time the domestic person commenced to use it. This section applies regardless of the nature of the claim asserted and whether the claim upon which any such relief is sought arises by statute, under the common law, or otherwise. [1994 c 60 § 7.] 19.77.900 19.77.900 Common law rights preserved prior to registration. Nothing herein shall adversely affect the rights or the enforcement of rights in trademarks acquired in good faith at common law prior to registration under this chapter; however, during any period subsequent to July 23, 1989, when the registration of a mark under this chapter is in force and the registrant has not abandoned the trademark, no common law rights as against the registrant may be acquired. [1989 c 72 § 12; 1955 c 211 § 16.] 19.77.910 19.77.910 Saving—1955 c 211. As to any pending suit, proceeding or appeal, and for that purpose only, the repeal of prior acts shall be deemed not to be effective until final determination. [1955 c 211 § 17.] 19.77.920 19.77.920 Severability—1955 c 211. If any provision of this chapter is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions. [1955 c 211 § 20.] 19.77.930 19.77.930 Construction—1989 c 72. It is the intent of the legislature that, in construing this chapter, the courts be guided by the interpretation given by the federal courts to the federal trademark act of 1946, as amended, 15 U.S.C., Sec. 1051, et seq. [1989 c 72 § 13.] 19.77.940 19.77.940 Prospective application—1989 c 72. Chapter 72, Laws of 1989 applies prospectively only and not retroactively. The rights and obligations of chapter 72, Laws of 1989 shall accrue upon July 23, 1989, to all prior trademark registrations then in effect, and the provisions of chapter 72, Laws of 1989 shall not apply to any cause of action arising prior to July 23, 1989. [1989 c 72 § 14.] [Title 19 RCW—page 119] Chapter 19.80 Chapter 19.80 Title 19 RCW: Business Regulations—Miscellaneous Chapter 19.80 RCW TRADE NAMES Sections 19.80.001 19.80.005 19.80.010 19.80.025 19.80.040 19.80.045 19.80.065 19.80.075 19.80.900 Purposes. Definitions. Registration required. Changes in registration—Filing notice of change. Failure to file. Rules—Fees. RCW 42.56.070(9) inapplicable. Collection and deposit of fees. Severability—1984 c 130. 19.80.001 Purposes. The purposes of this chapter are: (1) To require each person who is conducting business in the state of Washington under a trade name to disclose the true and real name of each person conducting that business, and (2) to provide a central registry of businesses operating under a trade name in the state of Washington. [1984 c 130 § 1.] 19.80.001 Effective date—1984 c 130: "Sections 1 through 11 of this act shall take effect on October 1, 1984. The director of licensing is authorized to immediately take such steps as are necessary to insure that this act is implemented on its effective date." [1984 c 130 § 12.] 19.80.010 Registration required. Each person or persons who shall carry on, conduct, or transact business in this state under any trade name shall register that trade name with the department of licensing as set forth in this section: (1) Sole proprietorship or general partnership: The registration shall set forth the true and real name or names of each person conducting the same, together with the post office address or addresses of each such person and the name of the general partnership, if applicable. (2) Foreign or domestic limited partnership: The registration shall set forth the limited partnership name as filed with the office of the secretary of state. (3) Foreign or domestic limited liability company: The registration shall set forth the limited liability company name as filed with the office of the secretary of state. (4) Foreign or domestic corporation: The registration shall set forth the corporate name as filed with the office of the secretary of state. [2000 c 174 § 2; 1996 c 231 § 3; 1984 c 130 § 3; 1979 ex.s. c 22 § 1; 1907 c 145 § 1; RRS § 9976.] 19.80.010 Effective date—1984 c 130: See note following RCW 19.80.001. Adoption of rules—1979 ex.s. c 22: "The director of the department of licensing shall promulgate such rules and regulations as are necessary to implement the transfer of duties and of records required by section 1 of this 1979 act. Such rules shall provide for transfer of existing certificates from the counties to the department, set fees for filing of certificates and amendments, and set fees for obtaining copies thereof." [1979 ex.s. c 22 § 3.] 19.80.005 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter: (1) "Trade name" means a word or name, or any combination of a word or name, used by a person to identify the person’s business which: (a) Is not, or does not include, the true and real name of all persons conducting the business; or (b) Includes words which suggest additional parties of interest such as "company," "and sons," or "and associates." (2) "Business" means an occupation, profession, or employment engaged in for the purpose of seeking a profit. (3) "Person" means any individual, partnership, limited liability company, or corporation conducting or having an interest in a business in the state. (4) "True and real name" means: (a) The surname of an individual coupled with one or more of the individual’s other names, one or more of the individual’s initials, or any combination; (b) The designation or appellation by which an individual is best known and called in the business community where that individual transacts business, if this is used as that individual’s legal signature; (c) The registered corporate name of a domestic corporation as filed with the secretary of state; (d) The registered corporate name of a foreign corporation authorized to do business within the state of Washington as filed with the secretary of state; (e) The registered partnership name of a domestic limited partnership as filed with the secretary of state; (f) The registered partnership name of a foreign limited partnership as filed with the secretary of state; or (g) The name of a general partnership which includes in its name the true and real names, as defined in (a) through (f) of this subsection, of each general partner as required in RCW 19.80.010. [2000 c 174 § 1; 1996 c 231 § 2; 1984 c 130 § 2.] 19.80.040 Failure to file. No person or persons carrying on, conducting, or transacting business under any trade name shall be entitled to maintain any suit in any of the courts of this state until such person or persons have properly completed the registration as provided for in RCW 19.80.010. Failure to complete this registration shall not impair the validity of any contract or act of such person or persons and shall not prevent such person or persons from defending any suit in any court of this state. [1984 c 130 § 7; 1907 c 145 § 5; RRS § 9980. Formerly RCW 19.80.040 and 19.80.050.] Effective date—1984 c 130: See note following RCW 19.80.001. Effective date—1984 c 130: See note following RCW 19.80.001. 19.80.005 [Title 19 RCW—page 120] Effective date—1979 ex.s. c 22: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1979." [1979 ex.s. c 22 § 4.] 19.80.025 Changes in registration—Filing notice of change. (1) A notice of change shall be filed with the department of licensing when a change occurs in: (a) The true and real name of a person conducting a business with a trade name registered under this chapter; or (b) Any mailing address set forth on the registration or any subsequently filed notice of change. (2) A notice of cancellation shall be filed with the department when use of a trade name is discontinued. (3) A notice of cancellation, together with a new registration, shall be filed before conducting or transacting any business when: (a) An addition, deletion, or any change of person or persons conducting business under the registered trade name occurs; or (b) There is a change in the wording or spelling of the trade name since initial registration or renewal. [2000 c 174 § 3; 1984 c 130 § 5.] 19.80.025 Effective date—1984 c 130: See note following RCW 19.80.001. 19.80.040 (2008 Ed.) Trading Stamp Licenses 19.80.045 Rules—Fees. The director of licensing shall adopt rules as necessary to administer this chapter. The rules may include but are not limited to specifying forms and setting fees for trade name registrations, amendments, searches, renewals, and copies of registration documents. Fees shall not exceed the actual cost of administering this chapter. [1984 c 130 § 6.] 19.80.045 Effective date—1984 c 130: See note following RCW 19.80.001. 19.80.065 RCW 42.56.070(9) inapplicable. RCW 42.56.070(9) does not apply to registrations made under this chapter. [2005 c 274 § 236; 2000 c 171 § 59; 1984 c 130 § 8.] 19.80.065 Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. Effective date—1984 c 130: See note following RCW 19.80.001. 19.80.075 Collection and deposit of fees. All fees collected by the department of licensing under this chapter shall be deposited with the state treasurer and credited to the master license fund, except for trade name registration fees collected from June 1, 1992, to June 30, 1992, which shall be deposited in the general fund. Beginning July 1, 1992, trade name registration fees shall be deposited in the master license fund. [1992 c 107 § 6; 1984 c 130 § 9.] 19.80.075 Effective dates—1992 c 107: See note following RCW 19.02.020. Effective date—1984 c 130: See note following RCW 19.80.001. 19.80.900 Severability—1984 c 130. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1984 c 130 § 11.] 19.80.900 Effective date—1984 c 130: See note following RCW 19.80.001. Chapter 19.83 Chapter 19.83 RCW TRADING STAMP LICENSES Sections 19.83.010 19.83.020 19.83.030 19.83.040 19.83.050 License required to use or furnish trading stamps, coupons, or similar devices. Issuance of license—Fee. Furnishing or selling trading stamps, coupons, or similar devices geographically limited. Coupons or similar devices—Exemptions. Penalty. Trading stamps and premiums, general provision: Chapter 19.84 RCW. 19.83.010 License required to use or furnish trading stamps, coupons, or similar devices. Every person who uses, or furnishes, or sells to any other person for use, in, with, or for the sale of any goods, any trading stamps, coupons, tickets, certificates, cards or other similar devices which entitle the purchaser to procure any goods free of charge or for less than the retail market price thereof, upon the production of any number of such trading stamps, coupons, tickets, certificates, cards, or other similar devices, shall before so furnishing, selling, or using the same obtain a separate license from the auditor of each county wherein such furnishing or selling or using shall take place for each and every store or place of business in that county, owned or conducted by such person from which such furnishing or selling, 19.83.010 (2008 Ed.) 19.83.040 or in which such using shall take place. [1913 c 134 § 1; RRS § 8359. Formerly RCW 36.91.010.] 19.83.020 Issuance of license—Fee. In order to obtain such license the person applying therefor shall pay to the county treasurer of the county for which the license is sought the sum of six thousand dollars, and upon such payment being made to the county treasurer he shall issue his receipt therefor which shall be presented to the auditor of the county, who shall upon the presentation thereof issue to the person making such payment a license to furnish or sell, or a license to use, for one year, trading stamps, coupons, tickets, certificates, cards, or other similar devices. Such license shall contain the name of the licensee, the date of its issue, the date of its expiration, the city or town in which and the location at which the same shall be used, and the license shall be used at no place other than that mentioned therein. [1913 c 134 § 2; RRS § 8360. Formerly RCW 36.91.020.] 19.83.020 19.83.030 Furnishing or selling trading stamps, coupons, or similar devices geographically limited. No person shall furnish or sell to another for use, in, with, or for the sale of any goods, any trading stamps, coupons, tickets, certificates, cards, or other similar devices to be used in any county, city or town in this state other than that in which such furnishing or selling shall take place. [1957 c 221 § 2. Prior: 1939 c 31 § 1, part; 1913 c 134 § 3, part; RRS § 8361, part. Formerly RCW 36.91.030.] 19.83.030 19.83.040 Coupons or similar devices—Exemptions. (1) Nothing in this chapter, or in any other statute or ordinance of this state, shall apply to: (a) The issuance and direct redemption by a manufacturer of a premium coupon, certificate, or similar device; or prevent him from issuing and directly redeeming such premium coupon, certificate, or similar device, which, however, shall not be issued, circulated, or distributed by retail vendors except when contained in or attached to an original package; (b) The publication by, or distribution through, newspapers or other publications of coupons, certificates, or similar devices; or (c) A coupon, certificate, or similar device which is within, attached to, or a part of a package or container as packaged by the original manufacturer and which is to be redeemed by another manufacturer, if: (i) The coupon, certificate, or similar device clearly states the names and addresses of both the issuing manufacturer and the redeeming manufacturer; and (ii) The issuing manufacturer is responsible for redemption of the coupon, certificate, or similar device if the redeeming manufacturer fails to do so. (2) The term "manufacturer," as used in this section, means any vendor of an article of merchandise which is put up by or for him in an original package and which is sold under his or its trade name, brand, or mark. [1983 c 40 § 1; 1972 ex.s. c 104 § 1; 1957 c 221 § 3. Prior: 1939 c 31 § 1, part; 1913 c 134 § 3, part; RRS § 8361, part. Formerly RCW 36.91.040.] 19.83.040 Severability—1983 c 40: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the [Title 19 RCW—page 121] 19.83.050 Title 19 RCW: Business Regulations—Miscellaneous application of the provision to other persons or circumstances is not affected." [1983 c 40 § 2.] 19.83.050 Penalty. Any person violating any of the provisions of this chapter shall be guilty of a gross misdemeanor. [1913 c 134 § 4; RRS § 8362. Formerly RCW 36.91.050.] 19.83.050 Chapter 19.84 Chapter 19.84 RCW TRADING STAMPS AND PREMIUMS Sections 19.84.010 19.84.020 19.84.030 19.84.040 Redeemable cash value to be printed on face. Must redeem at cash value. Distributor liable. Criminal penalty. Trading stamp licenses: Chapter 19.83 RCW. 19.84.010 Redeemable cash value to be printed on face. No person shall sell or issue any stamps, trading stamp, cash discount stamp, check, ticket, coupon or other similar device, which will entitle the holder thereof, on presentation thereof, either singly or in definite number, to receive, either directly from the vendor or indirectly through any other person, money or goods, wares or merchandise, unless each of said stamps, trading stamps, cash discount stamps, checks, tickets, coupons or other similar devices shall have legibly printed or written upon the face thereof the redeemable value thereof in cents. [1907 c 253 § 1; RRS § 5837.] 19.84.010 19.84.020 Must redeem at cash value. Any person who shall sell or issue to any person engaged in any trade, business or profession, any stamp, trading stamp, cash discount stamp, check, ticket, coupon, or other similar device which will entitle the holder thereof, on presentation thereof either singly or in definite number, to receive either directly from the vendor or indirectly through any other person, money or goods, wares or merchandise, shall, upon presentation, redeem the same either in goods, wares or merchandise, or in cash, good and lawful money of the United States, at the option of the holder thereof, and any number of such stamps, trading stamps, cash discount stamps, checks, tickets, coupons, or other similar devices shall be redeemed as hereinbefore set forth, at the value in cents printed upon the face thereof, and it shall not be necessary for the holder thereof to have any stipulated number of the same before demand for redemption may be made, but they shall be redeemed in any number, when presented, at the value in cents printed upon the face thereof, as hereinbefore provided. [1907 c 253 § 2; RRS § 5838.] 19.84.020 19.84.030 Distributor liable. Any person engaged in any trade, business or profession who shall distribute, deliver or present to any person dealing with him, in consideration of any article or thing purchased, any stamp, trading stamp, cash discount stamp, check, ticket, coupon or other similar device, which will entitle the holder thereof, on presentation thereof, either singly or in definite number, to receive, either directly from the person issuing or selling the same, as set forth in RCW 19.84.020, or indirectly through any other person, shall, upon the refusal or failure of the said person issuing or 19.84.030 [Title 19 RCW—page 122] selling same to redeem the same, as set forth in RCW 19.84.020, be liable to the holder thereof for the face value thereof, and shall upon presentation redeem the same, either in goods, wares or merchandise, or in cash, good and lawful money of the United States of America, at the option of the holder thereof, and in such case any number of such stamps, trading stamps, cash discount stamps, checks, tickets, coupons or other similar devices, shall be redeemed as hereinbefore set forth, at the value in cents printed upon the face thereof, and it shall not be necessary for the holder thereof to have any stipulated number of the same before demand for redemption may be made, but they shall be redeemed in any number, when presented, at the value in cents printed upon the face thereof, as hereinbefore provided. [1907 c 253 § 3; RRS § 5839.] 19.84.040 Criminal penalty. Any person, firm or corporation who shall violate any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and shall be fined not less than one hundred dollars nor more than one thousand dollars for each offense. [1907 c 253 § 4; RRS § 5840.] 19.84.040 Chapter 19.85 Chapter 19.85 RCW REGULATORY FAIRNESS ACT Sections 19.85.011 19.85.020 19.85.025 19.85.030 19.85.040 19.85.050 19.85.061 19.85.070 19.85.900 Finding. Definitions. Application of chapter—Limited. Agency rules—Small business economic impact statement— Reduction of costs imposed by rule. Small business economic impact statement—Purpose—Contents. Agency plan for review of business rules—Scope—Factors applicable to review—Annual list. Compliance with federal law. Small business economic impact statement—Notice of proposed rule. Severability—1982 c 6. Rules coordinator duties regarding business: RCW 43.17.310. 19.85.011 Finding. The legislature finds that administrative rules adopted by state agencies can have a disproportionate impact on the state’s small businesses because of the size of those businesses. This disproportionate impact reduces competition, innovation, employment, and new employment opportunities, and threatens the very existence of some small businesses. The legislature therefore enacts the Regulatory Fairness Act with the intent of reducing the disproportionate impact of state administrative rules on small business. [1994 c 249 § 9.] 19.85.011 Severability—Application—1994 c 249: See notes following RCW 34.05.310. 19.85.020 Definitions. The definitions in this section apply through this chapter unless the context clearly requires otherwise. (1) "Industry" means all of the businesses in this state in any one four-digit standard industrial classification as published by the United States department of commerce, or the North American industry classification system as published by the executive office of the president and the office of man19.85.020 (2008 Ed.) Regulatory Fairness Act agement and budget. However, if the use of a four-digit standard industrial classification or North American industry classification system would result in the release of data that would violate state confidentiality laws, "industry" means all businesses in a three-digit standard industrial classification or the North American industry classification system. (2) "Minor cost" means a cost per business that is less than three-tenths of one percent of annual revenue or income, or one hundred dollars, whichever is greater, or one percent of annual payroll. However, for the rules of the department of social and health services "minor cost" means cost per business that is less than fifty dollars of annual cost per client or other appropriate unit of service. (3) "Small business" means any business entity, including a sole proprietorship, corporation, partnership, or other legal entity, that is owned and operated independently from all other businesses, and that has fifty or fewer employees. (4) "Small business economic impact statement" means a statement meeting the requirements of RCW 19.85.040 prepared by a state agency pursuant to RCW 19.85.030. [2007 c 239 § 2; 2003 c 166 § 1; 1994 c 249 § 10; 1993 c 280 § 34; 1989 c 374 § 1; 1982 c 6 § 2.] Findings—2007 c 239: "The legislature finds that: (1) A vibrant and growing small business sector is critical to creating jobs in a dynamic economy; (2) Small businesses bear a disproportionate share of regulatory costs and burdens; (3) Fundamental changes that are needed in the regulatory and enforcement culture of state agencies to make them more responsive to small business can be made without compromising the statutory missions of the agencies; (4) When adopting rules to protect the health, safety, and economic welfare of Washington, state agencies should seek to achieve statutory goals as effectively and efficiently as possible without imposing unnecessary burdens on small employers; (5) Uniform regulatory and reporting requirements can impose unnecessary and disproportionately burdensome demands including legal, accounting, and consulting costs upon small businesses with limited resources; (6) The failure to recognize differences in the scale and resources of regulated businesses can adversely affect competition in the marketplace, discourage innovation, and restrict improvements in productivity; (7) Unnecessary regulations create entry barriers in many industries and discourage potential entrepreneurs from introducing beneficial products and processes; (8) The practice of treating all regulated businesses the same leads to inefficient use of regulatory agency resources, enforcement problems, and, in some cases, to actions inconsistent with the legislative intent of health, safety, environmental, and economic welfare legislation; (9) Alternative regulatory approaches which do not conflict with the state objective of applicable statutes may be available to minimize the significant economic impact of rules on small businesses; and (10) The process by which state rules are developed and adopted should be reformed to require agencies to solicit the ideas and comments of small businesses, to examine the impact of proposed and existing rules on such businesses, and to review the continued need for existing rules." [2007 c 239 § 1.] Effective date—1994 c 249 § 10: "Section 10 of this act shall take effect July 1, 1994." [1994 c 249 § 37.] Severability—Application—1994 c 249: See notes following RCW 34.05.310. Effective date—Severability—1993 c 280: See RCW 43.330.902 and 43.330.903. 19.85.025 Application of chapter—Limited. (1) Unless an agency receives a written objection to the expedited repeal of a rule, this chapter does not apply to a rule proposed for expedited repeal pursuant to *RCW 34.05.354. If 19.85.025 (2008 Ed.) 19.85.030 an agency receives a written objection to expedited repeal of the rule, this chapter applies to the rule-making proceeding. (2) This chapter does not apply to a rule proposed for expedited adoption under **RCW 34.05.230 (1) through (8), unless a written objection is timely filed with the agency and the objection is not withdrawn. (3) This chapter does not apply to the adoption of a rule described in RCW 34.05.310(4). (4) An agency is not required to prepare a separate small business economic impact statement under RCW 19.85.040 if it prepared an analysis under RCW 34.05.328 that meets the requirements of a small business economic impact statement, and if the agency reduced the costs imposed by the rule on small business to the extent required by ***RCW 19.85.030(3). The portion of the analysis that meets the requirements of RCW 19.85.040 shall be filed with the code reviser and provided to any person requesting it in lieu of a separate small business economic impact statement. [1997 c 409 § 212; 1995 c 403 § 401.] Reviser’s note: *(1) RCW 34.05.354 was repealed by 2001 c 25 § 3. For expedited repeal, see RCW 34.05.353. **(2) RCW 34.05.230 was amended by 2001 c 25 § 1, deleting subsections (1) through (8). For expedited adoption, see RCW 34.05.353. ***(3) RCW 19.85.030 was amended by 2000 c 171 § 60, changing subsection (3) to subsection (2). Part headings—Severability—1997 c 409: See notes following RCW 43.22.051. Application—1995 c 403 §§ 201, 301-305, 401-405, and 801: See note following RCW 34.05.328. Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328. Part headings not law—Severability—1995 c 403: See RCW 43.05.903 and 43.05.904. 19.85.030 Agency rules—Small business economic impact statement—Reduction of costs imposed by rule. (1) In the adoption of a rule under chapter 34.05 RCW, an agency shall prepare a small business economic impact statement: (a) If the proposed rule will impose more than minor costs on businesses in an industry; or (b) if requested to do so by a majority vote of the joint administrative rules review committee within forty-five days of receiving the notice of proposed rule making under RCW 34.05.320. However, if the agency has completed the pilot rule process as defined by RCW 34.05.313 before filing the notice of a proposed rule, the agency is not required to prepare a small business economic impact statement. An agency shall prepare the small business economic impact statement in accordance with RCW 19.85.040, and file it with the code reviser along with the notice required under RCW 34.05.320. An agency shall file a statement prepared at the request of the joint administrative rules review committee with the code reviser upon its completion before the adoption of the rule. An agency shall provide a copy of the small business economic impact statement to any person requesting it. (2) Based upon the extent of disproportionate impact on small business identified in the statement prepared under RCW 19.85.040, the agency shall, where legal and feasible in meeting the stated objectives of the statutes upon which the rule is based, reduce the costs imposed by the rule on small 19.85.030 [Title 19 RCW—page 123] 19.85.040 Title 19 RCW: Business Regulations—Miscellaneous businesses. Methods to reduce the costs on small businesses may include: (a) Reducing, modifying, or eliminating substantive regulatory requirements; (b) Simplifying, reducing, or eliminating recordkeeping and reporting requirements; (c) Reducing the frequency of inspections; (d) Delaying compliance timetables; (e) Reducing or modifying fine schedules for noncompliance; or (f) Any other mitigation techniques. (3) If the agency determines it cannot reduce the costs imposed by the rule on small businesses, the agency shall provide a clear explanation of why it has made that determination and include that statement with its filing of the proposed rule pursuant to RCW 34.05.320. (4)(a) All small business economic impact statements are subject to selective review by the joint administrative rules review committee pursuant to RCW 34.05.630. (b) Any person affected by a proposed rule where there is [a] small business economic impact statement may petition the joint administrative rules review committee for review pursuant to the procedure in RCW 34.05.655. [2007 c 239 § 3; 2000 c 171 § 60; 1995 c 403 § 402; 1994 c 249 § 11. Prior: 1989 c 374 § 2; 1989 c 175 § 72; 1982 c 6 § 3.] Findings—2007 c 239: See note following RCW 19.85.020. Application—1995 c 403 §§ 201, 301-305, 401-405, and 801: See note following RCW 34.05.328. Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328. Part headings not law—Severability—1995 c 403: See RCW 43.05.903 and 43.05.904. Severability—Application—1994 c 249: See notes following RCW 34.05.310. Effective date—1989 c 175: See note following RCW 34.05.010. Publication of small business economic impact statement in Washington State Register: RCW 34.08.020. 19.85.040 Small business economic impact statement—Purpose—Contents. (1) A small business economic impact statement must include a brief description of the reporting, recordkeeping, and other compliance requirements of the proposed rule, and the kinds of professional services that a small business is likely to need in order to comply with such requirements. It shall analyze the costs of compliance for businesses required to comply with the proposed rule adopted pursuant to RCW 34.05.320, including costs of equipment, supplies, labor, professional services, and increased administrative costs. It shall consider, based on input received, whether compliance with the rule will cause businesses to lose sales or revenue. To determine whether the proposed rule will have a disproportionate cost impact on small businesses, the impact statement must compare the cost of compliance for small business with the cost of compliance for the ten percent of businesses that are the largest businesses required to comply with the proposed rules using one or more of the following as a basis for comparing costs: (a) Cost per employee; (b) Cost per hour of labor; or (c) Cost per one hundred dollars of sales. 19.85.040 [Title 19 RCW—page 124] (2) A small business economic impact statement must also include: (a) A statement of the steps taken by the agency to reduce the costs of the rule on small businesses as required by RCW 19.85.030(2), or reasonable justification for not doing so, addressing the options listed in RCW 19.85.030(2); (b) A description of how the agency will involve small businesses in the development of the rule; (c) A list of industries that will be required to comply with the rule. However, this subsection (2)(c) shall not be construed to preclude application of the rule to any business or industry to which it would otherwise apply; and (d) An estimate of the number of jobs that will be created or lost as the result of compliance with the proposed rule. (3) To obtain information for purposes of this section, an agency may survey a representative sample of affected businesses or trade associations and should, whenever possible, appoint a committee under RCW 34.05.310(2) to assist in the accurate assessment of the costs of a proposed rule, and the means to reduce the costs imposed on small business. [2007 c 239 § 4; 1995 c 403 § 403; 1994 c 249 § 12. Prior: 1989 c 374 § 3; 1989 c 175 § 73; 1982 c 6 § 4.] Findings—2007 c 239: See note following RCW 19.85.020. Application—1995 c 403 §§ 201, 301-305, 401-405, and 801: See note following RCW 34.05.328. Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328. Part headings not law—Severability—1995 c 403: See RCW 43.05.903 and 43.05.904. Severability—Application—1994 c 249: See notes following RCW 34.05.310. Effective date—1989 c 175: See note following RCW 34.05.010. Publication in Washington State Register: RCW 34.08.020. 19.85.050 Agency plan for review of business rules— Scope—Factors applicable to review—Annual list. (1) Within one year after June 10, 1982, each agency shall publish and deliver to the office of financial management and to all persons who make requests of the agency for a copy of a plan to periodically review all rules then in effect and which have been issued by the agency which have an economic impact on more than twenty percent of all industries or ten percent of the businesses in any one industry. Such plan may be amended by the agency at any time by publishing a revision to the review plan and delivering such revised plan to the office of financial management and to all persons who make requests of the agency for the plan. The purpose of the review is to determine whether such rules should be continued without change or should be amended or rescinded, consistent with the stated objectives of applicable statutes, to minimize the economic impact on small businesses as described by this chapter. The plan shall provide for the review of all such agency rules in effect on June 10, 1982, within ten years of that date. (2) In reviewing rules to minimize any significant economic impact of the rule on small businesses as described by this chapter, and in a manner consistent with the stated objectives of applicable statutes, the agency shall consider the following factors: (a) The continued need for the rule; 19.85.050 (2008 Ed.) Unfair Business Practices—Consumer Protection (b) The nature of complaints or comments received concerning the rule from the public; (c) The complexity of the rule; (d) The extent to which the rule overlaps, duplicates, or conflicts with other state or federal rules, and, to the extent feasible, with local governmental rules; and (e) The degree to which technology, economic conditions, or other factors have changed in the subject area affected by the rule. (3) Each year each agency shall publish a list of rules which are to be reviewed pursuant to this section during the next twelve months and deliver a copy of the list to the office of financial management and all persons who make requests of the agency for the list. The list shall include a brief description of the legal basis for each rule as described by RCW 34.05.360, and shall invite public comment upon the rule. [1989 c 175 § 74; 1982 c 6 § 5.] Effective date—1989 c 175: See note following RCW 34.05.010. 19.85.061 Compliance with federal law. Unless so requested by a majority vote of the joint administrative rules review committee under RCW 19.85.030, an agency is not required to comply with this chapter when adopting any rule solely for the purpose of conformity or compliance, or both, with federal statute or regulations. In lieu of the statement required under RCW 19.85.030, the agency shall file a statement citing, with specificity, the federal statute or regulation with which the rule is being adopted to conform or comply, and describing the consequences to the state if the rule is not adopted. [1995 c 403 § 404.] 19.86.023 19.86.030 19.86.040 19.86.050 19.86.060 19.86.070 19.86.080 19.86.085 19.86.090 19.86.095 19.86.100 19.86.110 19.85.061 Application—1995 c 403 §§ 201, 301-305, 401-405, and 801: See note following RCW 34.05.328. 19.86.115 19.86.120 19.86.130 19.86.140 19.86.145 19.86.150 19.86.160 19.86.170 19.86.900 19.86.910 19.86.920 Chapter 19.86 Violation of RCW 15.86.030 constitutes violation of RCW 19.86.020. Contracts, combinations, conspiracies in restraint of trade declared unlawful. Monopolies and attempted monopolies declared unlawful. Transactions and agreements not to use or deal in commodities or services of competitor declared unlawful when lessens competition. Acquisition of corporate stock by another corporation to lessen competition declared unlawful—Exceptions—Judicial order to divest. Labor not an article of commerce—Chapter not to affect mutual, nonprofit organizations. Attorney general may restrain prohibited acts—Costs—Restoration of property. Establishment of investigation unit—Receipt and use of criminal history information. Civil action for damages—Treble damages authorized— Action by governmental entities. Request for injunctive relief—Appellate proceeding—Service on the attorney general. Assurance of discontinuance of prohibited act—Approval of court—Not considered admission. Demand to produce documentary materials for inspection, answer written interrogatories, or give oral testimony—Contents—Service—Unauthorized disclosure—Return—Modification, vacation—Use—Penalty. Materials from a federal agency or other state’s attorney general. Limitation of actions—Tolling. Final judgment to restrain is prima facie evidence in civil action—Exceptions. Civil penalties. Penalties—Animals used in biomedical research. Dissolution, forfeiture of corporate franchise for violations. Personal service of process outside state. Exempted actions or transactions—Stipulated penalties and remedies are exclusive. Severability—1961 c 216. Short title. Purpose—Interpretation—Liberal construction—Saving— 1985 c 401; 1983 c 288; 1983 c 3; 1961 c 216. Adult family homes: Chapter 70.128 RCW. Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328. Advertisement of children for adoption: RCW 26.33.400. Part headings not law—Severability—1995 c 403: See RCW 43.05.903 and 43.05.904. Auctioneers: Chapter 18.11 RCW. 19.85.070 Small business economic impact statement—Notice of proposed rule. When any rule is proposed for which a small business economic impact statement is required, the adopting agency shall provide notice to small businesses of the proposed rule through any of the following: (1) Direct notification of known interested small businesses or trade organizations affected by the proposed rule; or (2) Providing information of the proposed rule making to publications likely to be obtained by small businesses of the types affected by the proposed rule. [1992 c 197 § 1.] 19.85.070 19.85.900 Severability—1982 c 6. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1982 c 6 § 11.] Agriculture—Declarations of "Washington state grown": RCW 15.04.410. Automotive repair: Chapter 46.71 RCW. Bail bond agents—Records—Finances—Disposition of security—Application of consumer protection act: RCW 18.185.210. Business opportunity fraud act: Chapter 19.110 RCW. Camping resorts: RCW 19.105.405, 19.105.500. Cemetery board—Violation—Penalty—Unfair practice—Other laws applicable: RCW 68.05.330. Charitable solicitations, regulation: RCW 19.09.340. Check cashers and sellers: Chapter 31.45 RCW. Cigarettes—Sales below cost: RCW 19.91.300. Collection agencies: RCW 19.16.120, 19.16.440. Commercial telephone solicitation: Chapter 19.158 RCW. 19.85.900 Chapter 19.86 Chapter 19.86 RCW UNFAIR BUSINESS PRACTICES— CONSUMER PROTECTION Sections 19.86.010 19.86.020 (2008 Ed.) Definitions. Unfair competition, practices, declared unlawful. Consumer leases: RCW 63.10.050. Contractors: Chapter 18.27 RCW. Credit—Fair credit reporting act: Chapter 19.182 RCW. Credit services organization act: RCW 19.134.070. Debt adjusting: RCW 18.28.185. Degree-granting institutions: Chapter 28B.85 RCW. Distressed property conveyances: Chapter 61.34 RCW. Electronic mail—Commercial: Chapter 19.190 RCW. Electronic signatures—Licensed certification authority using license in violation of chapter 19.86 RCW: RCW 19.34.100. Embalmers and funeral directors: RCW 18.39.350. Employment agencies—Enforcement: RCW 19.31.210. [Title 19 RCW—page 125] 19.86.010 Title 19 RCW: Business Regulations—Miscellaneous Escrow agents—Advertisement, statement, or reference to existence of financial responsibility requirements prohibited—Referral fees prohibited: RCW 18.44.400, 18.44.450. Fair credit reporting act: Chapter 19.182 RCW. Franchise investment protection: RCW 19.100.030, 19.100.160, 19.100.190, 19.100.200. Going out of business sales: Chapter 19.178 RCW. Health studio services: Chapter 19.142 RCW. Hearing instrument dispensing, advertising, etc.—Application: RCW 18.35.110, 18.35.120, 18.35.180. Heating oil pollution liability protection act: RCW 70.149.100. House-to-house sales by minors: RCW 49.12.310. Immigration assistants: RCW 19.154.090. 19.86.020 Unfair competition, practices, declared unlawful. Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful. [1961 c 216 § 2.] 19.86.020 Hearing instrument dispensing, advertising, etc.—Application: RCW 18.35.180. 19.86.023 Violation of RCW 15.86.030 constitutes violation of RCW 19.86.020. Any violation of RCW 15.86.030 shall also constitute a violation under RCW 19.86.020. [1985 c 247 § 7.] 19.86.023 Law against discrimination: RCW 49.60.030. 19.86.030 Contracts, combinations, conspiracies in restraint of trade declared unlawful. Every contract, combination, in the form of trust or otherwise, or conspiracy in restraint of trade or commerce is hereby declared unlawful. [1961 c 216 § 3.] Lease-purchase agreements: Chapter 63.19 RCW. Monopolies and trusts prohibited: State Constitution Art. 12 § 22. International student exchange: Chapter 19.166 RCW. Kosher food products: Chapter 69.90 RCW. Land development law: RCW 58.19.270. Leases: RCW 62A.2A-104. Manufactured and mobile home installation service and warranty service standards: RCW 43.22.440. Mechanics’ and materialmen’s liens—Acts of coercion: RCW 60.04.035. Medicaid patient discrimination: RCW 74.42.055. Mortgage brokers: Chapter 19.146 RCW. 19.86.030 19.86.040 Monopolies and attempted monopolies declared unlawful. It shall be unlawful for any person to monopolize, or attempt to monopolize or combine or conspire with any other person or persons to monopolize any part of trade or commerce. [1961 c 216 § 4.] 19.86.040 Motor vehicle dealers: Chapter 46.70 RCW. Motor vehicle subleasing or transfer: Chapter 19.116 RCW. Motor vehicle warranties: Chapter 19.118 RCW. Nursing homes—Discrimination against medicaid recipients: RCW 74.42.055. Offers to alter bids at sales pursuant to deeds of trust: RCW 61.24.135. On-site sewage additive manufacturers: RCW 70.118.080. Operator services: RCW 80.36.360, 80.36.400, 80.36.530, 80.36.540. Pay-per-call information delivery services: Chapter 19.162 RCW. Private vocational schools: Chapter 28C.10 RCW. Promotional advertising of prizes: Chapter 19.170 RCW. Radio communications service companies not regulated by utilities and transportation commission: RCW 80.66.010. Roofing and siding contractors and salespersons: Chapter 19.186 RCW. Sellers of travel: Chapter 19.138 RCW. Telephone buyers’ protection act: Chapter 19.130 RCW. Timeshare act: Chapter 64.36 RCW. Unsolicited goods or services: Chapter 19.56 RCW. Usurious contracts: RCW 19.52.036. Viatical settlements act: Chapter 48.102 RCW. Water companies exempt from utilities and transportation commission regulation: RCW 80.04.010. Weatherization of leased or rented residences: RCW 70.164.060. 19.86.010 Definitions. As used in this chapter: (1) "Person" shall include, where applicable, natural persons, corporations, trusts, unincorporated associations and partnerships. (2) "Trade" and "commerce" shall include the sale of assets or services, and any commerce directly or indirectly affecting the people of the state of Washington. (3) "Assets" shall include any property, tangible or intangible, real, personal, or mixed, and wherever situate, and any other thing of value. [1961 c 216 § 1.] 19.86.010 [Title 19 RCW—page 126] 19.86.050 Transactions and agreements not to use or deal in commodities or services of competitor declared unlawful when lessens competition. It shall be unlawful for any person to lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies, or other commodities, or services, whether patented or unpatented, for use, consumption, enjoyment, or resale, or fix a price charged therefor, or discount from, or rebate upon, such price, on the condition, agreement, or understanding that the lessee or purchaser thereof shall not use or deal in the goods, wares, merchandise, machinery, supplies, or other commodity or services of a competitor or competitors of the lessor or seller, where the effect of such lease, sale, or contract for such sale or such condition, agreement, or understanding may be to substantially lessen competition or tend to create a monopoly in any line of commerce. [1961 c 216 § 5.] 19.86.050 19.86.060 Acquisition of corporate stock by another corporation to lessen competition declared unlawful— Exceptions—Judicial order to divest. It shall be unlawful for any corporation to acquire, directly or indirectly, the whole or any part of the stock or assets of another corporation where the effect of such acquisition may be to substantially lessen competition or tend to create a monopoly in any line of commerce. This section shall not apply to corporations purchasing such stock solely for investment and not using the same by voting or otherwise to bring about, or in attempting to bring about, the substantial lessening of competition. Nor shall anything contained in this section prevent a corporation from causing the formation of subsidiary corporations for the actual carrying on of their immediate lawful business, or the natural and legitimate branches or extensions thereof, or from owning and holding all or a part of the stock of such subsid19.86.060 (2008 Ed.) Unfair Business Practices—Consumer Protection iary corporations, when the effect of such formation is not to substantially lessen competition. In addition to any other remedy provided by this chapter, the superior court may order any corporation to divest itself of the stock or assets held contrary to this section, in the manner and within the time fixed by said order. [1961 c 216 § 6.] 19.86.095 the investigation of any person doing any act herein prohibited or declared to be unlawful under this chapter. Dissemination or use of nonconviction data for purposes other than that authorized in this section is prohibited. [2008 c 74 § 7.] Finding—2008 c 74: See note following RCW 51.04.024. 19.86.090 19.86.070 Labor not an article of commerce—Chapter not to affect mutual, nonprofit organizations. The labor of a human being is not a commodity or article of commerce. Nothing contained in this chapter shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof. [1961 c 216 § 7.] 19.86.070 Labor regulations: Title 49 RCW. 19.86.080 Attorney general may restrain prohibited acts—Costs—Restoration of property. (1) The attorney general may bring an action in the name of the state, or as parens patriae on behalf of persons residing in the state, against any person to restrain and prevent the doing of any act herein prohibited or declared to be unlawful; and the prevailing party may, in the discretion of the court, recover the costs of said action including a reasonable attorney’s fee. (2) The court may make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, which may have been acquired by means of any act herein prohibited or declared to be unlawful. (3) Upon a violation of RCW 19.86.030, 19.86.040, 19.86.050, or 19.86.060, the court may also make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, which may have been acquired, regardless of whether such person purchased or transacted for goods or services directly with the defendant or indirectly through resellers. The court shall exclude from the amount of monetary relief awarded in an action pursuant to this subsection any amount that duplicates amounts that have been awarded for the same violation. The court should consider consolidation or coordination with other related actions, to the extent practicable, to avoid duplicate recovery. [2007 c 66 § 1; 1970 ex.s. c 26 § 1; 1961 c 216 § 8.] 19.86.080 Effective date—2007 c 66: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 17, 2007]." [2007 c 66 § 3.] 19.86.085 Establishment of investigation unit— Receipt and use of criminal history information. There is established a unit within the office of the attorney general for the purpose of detection, investigation, and prosecution of any act prohibited or declared to be unlawful under this chapter. The attorney general will employ supervisory, legal, and investigative personnel for the program, who must be qualified by training and experience. The attorney general is authorized to receive criminal history record information that includes nonconviction data for any purpose associated with 19.86.085 (2008 Ed.) 19.86.090 Civil action for damages—Treble damages authorized—Action by governmental entities. Any person who is injured in his or her business or property by a violation of RCW 19.86.020, 19.86.030, 19.86.040, 19.86.050, or 19.86.060, or any person so injured because he or she refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of RCW 19.86.030, 19.86.040, 19.86.050, or 19.86.060, may bring a civil action in the superior court to enjoin further violations, to recover the actual damages sustained by him or her, or both, together with the costs of the suit, including a reasonable attorney’s fee, and the court may in its discretion, increase the award of damages to an amount not to exceed three times the actual damages sustained: PROVIDED, That such increased damage award for violation of RCW 19.86.020 may not exceed ten thousand dollars: PROVIDED FURTHER, That such person may bring a civil action in the district court to recover his or her actual damages, except for damages which exceed the amount specified in RCW 3.66.020, and the costs of the suit, including reasonable attorney’s fees. The district court may, in its discretion, increase the award of damages to an amount not more than three times the actual damages sustained, but such increased damage award shall not exceed the amount specified in RCW 3.66.020. For the purpose of this section, "person" shall include the counties, municipalities, and all political subdivisions of this state. Whenever the state of Washington is injured, directly or indirectly, by reason of a violation of RCW 19.86.030, 19.86.040, 19.86.050, or 19.86.060, it may sue therefor in the superior court to recover the actual damages sustained by it, whether direct or indirect, and to recover the costs of the suit including a reasonable attorney’s fee. [2007 c 66 § 2; 1987 c 202 § 187; 1983 c 288 § 3; 1970 ex.s. c 26 § 2; 1961 c 216 § 9.] Effective date—2007 c 66: See note following RCW 19.86.080. Intent—1987 c 202: See note following RCW 2.04.190. Short title—Purposes—1983 c 288: "This act may be cited as the antitrust/consumer protection improvements act. Its purposes are to strengthen public and private enforcement of the unfair business practices-consumer protection act, chapter 19.86 RCW, and to repeal the unfair practices act, chapter 19.90 RCW, in order to eliminate a statute which is unnecessary in light of the provisions and remedies of chapter 19.86 RCW. In repealing chapter 19.90 RCW, it is the intent of the legislature that chapter 19.86 RCW should continue to provide appropriate remedies for predatory pricing and other pricing practices which constitute violations of federal antitrust law." [1983 c 288 § 1.] 19.86.095 19.86.095 Request for injunctive relief—Appellate proceeding—Service on the attorney general. In any proceeding in which there is a request for injunctive relief under RCW 19.86.090, the attorney general shall be served with a copy of the initial pleading alleging a violation of this chapter. In any appellate proceeding in which an issue is presented concerning a provision of this chapter, the attorney general shall, within the time provided for filing the brief with the [Title 19 RCW—page 127] 19.86.100 Title 19 RCW: Business Regulations—Miscellaneous appellate court, be served with a copy of the brief of the party presenting such issue. [1983 c 288 § 5.] Short title—Purposes—1983 c 288: See note following RCW 19.86.090. 19.86.100 Assurance of discontinuance of prohibited act—Approval of court—Not considered admission. In the enforcement of this chapter, the attorney general may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter, from any person engaging in, or who has engaged in, such act or practice. Any such assurance shall be in writing and be filed with and subject to the approval of the superior court of the county in which the alleged violator resides or has his principal place of business, or in Thurston county. Such assurance of discontinuance shall not be considered an admission of a violation for any purpose; however, proof of failure to comply with the assurance of discontinuance shall be prima facie evidence of a violation of this chapter. [1970 ex.s. c 26 § 3; 1961 c 216 § 10.] 19.86.100 19.86.110 Demand to produce documentary materials for inspection, answer written interrogatories, or give oral testimony—Contents—Service—Unauthorized disclosure—Return—Modification, vacation—Use—Penalty. (1) Whenever the attorney general believes that any person (a) may be in possession, custody, or control of any original or copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situate, which he believes to be relevant to the subject matter of an investigation of a possible violation of RCW 19.86.020, 19.86.030, 19.86.040, 19.86.050, or 19.86.060, or federal statutes dealing with the same or similar matters that the attorney general is authorized to enforce, or (b) may have knowledge of any information which the attorney general believes relevant to the subject matter of such an investigation, he may, prior to the institution of a civil proceeding thereon, execute in writing and cause to be served upon such a person, a civil investigative demand requiring such person to produce such documentary material and permit inspection and copying, to answer in writing written interrogatories, to give oral testimony, or any combination of such demands pertaining to such documentary material or information: PROVIDED, That this section shall not be applicable to criminal prosecutions. (2) Each such demand shall: (a) State the statute and section or sections thereof, the alleged violation of which is under investigation, and the general subject matter of the investigation; (b) If the demand is for the production of documentary material, describe the class or classes of documentary material to be produced thereunder with reasonable specificity so as fairly to indicate the material demanded; (c) Prescribe a return date within which the documentary material is to be produced, the answers to written interrogatories are to be made, or a date, time, and place at which oral testimony is to be taken; and (d) Identify the members of the attorney general’s staff to whom such documentary material is to be made available for inspection and copying, to whom answers to written inter19.86.110 [Title 19 RCW—page 128] rogatories are to be made, or who are to conduct the examination for oral testimony. (3) No such demand shall: (a) Contain any requirement which would be unreasonable or improper if contained in a subpoena duces tecum, a request for answers to written interrogatories, or a request for deposition upon oral examination issued by a court of this state; or (b) Require the disclosure of any documentary material which would be privileged, or which for any other reason would not be required by a subpoena duces tecum issued by a court of this state. (4) Service of any such demand may be made by: (a) Delivering a duly executed copy thereof to the person to be served, or, if such person is not a natural person, to any officer or managing agent of the person to be served; or (b) Delivering a duly executed copy thereof to the principal place of business in this state of the person to be served; or (c) Mailing by registered or certified mail a duly executed copy thereof addressed to the person to be served at the principal place of business in this state, or, if said person has no place of business in this state, to his principal office or place of business. (5)(a) Documentary material demanded pursuant to the provisions of this section shall be produced for inspection and copying during normal business hours at the principal office or place of business of the person served, or at such other times and places as may be agreed upon by the person served and the attorney general; (b) Written interrogatories in a demand served under this section shall be answered in the same manner as provided in the civil rules for superior court; (c) The oral testimony of any person obtained pursuant to a demand served under this section shall be taken in the same manner as provided in the civil rules for superior court for the taking of depositions. In the course of the deposition, the assistant attorney general conducting the examination may exclude from the place where the examination is held all persons other than the person being examined, the person’s counsel, and the officer before whom the testimony is to be taken; (d) Any person compelled to appear pursuant to a demand for oral testimony under this section may be accompanied by counsel; (e) The oral testimony of any person obtained pursuant to a demand served under this section shall be taken in the county within which the person resides, is found, or transacts business, or in such other place as may be agreed upon between the person served and the attorney general. (6) If, after prior court approval, a civil investigative demand specifically prohibits disclosure of the existence or content of the demand, unless otherwise ordered by a superior court for good cause shown, it shall be a misdemeanor for any person if not a bank, trust company, mutual savings bank, credit union, or savings and loan association organized under the laws of the United States or of any one of the United States to disclose to any other person the existence or content of the demand, except for disclosure to counsel for the recipient of the demand or unless otherwise required by law. (2008 Ed.) Unfair Business Practices—Consumer Protection (7) No documentary material, answers to written interrogatories, or transcripts of oral testimony produced pursuant to a demand, or copies thereof, shall, unless otherwise ordered by a superior court for good cause shown, be produced for inspection or copying by, nor shall the contents thereof be disclosed to, other than an authorized employee of the attorney general, without the consent of the person who produced such material, answered written interrogatories, or gave oral testimony, except as otherwise provided in this section: PROVIDED, That: (a) Under such reasonable terms and conditions as the attorney general shall prescribe, the copies of such documentary material, answers to written interrogatories, or transcripts of oral testimony shall be available for inspection and copying by the person who produced such material, answered written interrogatories, or gave oral testimony, or any duly authorized representative of such person; (b) The attorney general may provide copies of such documentary material, answers to written interrogatories, or transcripts of oral testimony to an official of this state, the federal government, or other state, who is charged with the enforcement of federal or state antitrust or consumer protection laws, if before the disclosure the receiving official agrees in writing that the information may not be disclosed to anyone other than that official or the official’s authorized employees. The material provided under this subsection (7)(b) is subject to the confidentiality restrictions set forth in this section and may not be introduced as evidence in a criminal prosecution; and (c) The attorney general or any assistant attorney general may use such copies of documentary material, answers to written interrogatories, or transcripts of oral testimony as he determines necessary in the enforcement of this chapter, including presentation before any court: PROVIDED, That any such material, answers to written interrogatories, or transcripts of oral testimony which contain trade secrets shall not be presented except with the approval of the court in which action is pending after adequate notice to the person furnishing such material, answers to written interrogatories, or oral testimony. (8) At any time before the return date specified in the demand, or within twenty days after the demand has been served, whichever period is shorter, a petition to extend the return date for, or to modify or set aside a demand issued pursuant to subsection (1), stating good cause, may be filed in the superior court for Thurston county, or in such other county where the parties reside. A petition, by the person on whom the demand is served, stating good cause, to require the attorney general or any person to perform any duty imposed by the provisions of this section, and all other petitions in connection with a demand, may be filed in the superior court for Thurston county, or in the county where the parties reside. The court shall have jurisdiction to impose such sanctions as are provided for in the civil rules for superior court with respect to discovery motions. (9) Whenever any person fails to comply with any civil investigative demand for documentary material, answers to written interrogatories, or oral testimony duly served upon him under this section, or whenever satisfactory copying or reproduction of any such material cannot be done and such person refuses to surrender such material, the attorney gen(2008 Ed.) 19.86.130 eral may file, in the trial court of general jurisdiction of the county in which such person resides, is found, or transacts business, and serve upon such person a petition for an order of such court for the enforcement of this section, except that if such person transacts business in more than one county such petition shall be filed in the county in which such person maintains his principal place of business, or in such other county as may be agreed upon by the parties to such petition. Whenever any petition is filed in the trial court of general jurisdiction of any county under this section, such court shall have jurisdiction to hear and determine the matter so presented and to enter such order or orders as may be required to carry into effect the provisions of this section, and may impose such sanctions as are provided for in the civil rules for superior court with respect to discovery motions. [1993 c 125 § 1; 1990 c 199 § 1; 1987 c 152 § 1; 1982 c 137 § 1; 1970 ex.s. c 26 § 4; 1961 c 216 § 11.] Rules of court: See Superior Court Civil Rules. 19.86.115 Materials from a federal agency or other state’s attorney general. Whenever the attorney general receives documents or other material from: (1) A federal agency, pursuant to its subpoena or HartScott-Rodino authority; or (2) Another state’s attorney general, pursuant to that state’s presuit investigative subpoena powers, the documents or materials are subject to the same restrictions as and may be used for all the purposes set forth in RCW 19.86.110. [1993 c 125 § 2.] 19.86.115 19.86.120 Limitation of actions—Tolling. Any action to enforce a claim for damages under RCW 19.86.090 shall be forever barred unless commenced within four years after the cause of action accrues: PROVIDED, That whenever any action is brought by the attorney general for a violation of RCW 19.86.020, 19.86.030, 19.86.040, 19.86.050, or 19.86.060, except actions for the recovery of a civil penalty for violation of an injunction or actions under RCW 19.86.090, the running of the foregoing statute of limitations, with respect to every private right of action for damages under RCW 19.86.090 which is based in whole or part on any matter complained of in said action by the attorney general, shall be suspended during the pendency thereof. [1970 ex.s. c 26 § 5; 1961 c 216 § 12.] 19.86.120 Action to enforce claim for civil damages under chapter 19.86 RCW must be commenced within six years. Unfair motor vehicles business practices act: RCW 46.70.220. Limitation of actions: Chapter 4.16 RCW. 19.86.130 Final judgment to restrain is prima facie evidence in civil action—Exceptions. A final judgment or decree rendered in any action brought under RCW 19.86.080 by the state of Washington to the effect that a defendant has violated RCW 19.86.020, 19.86.030, 19.86.040, 19.86.050, or 19.86.060 shall be prima facie evidence against such defendant in any action brought by any party against such defendant under RCW 19.86.090 as to all matters which said judgment or decree would be an estoppel as between the parties thereto: PROVIDED, That this section shall not apply to consent judgments or decrees where the court makes no finding of illegality. [1970 ex.s. c 26 § 6; 1961 c 216 § 13.] 19.86.130 [Title 19 RCW—page 129] 19.86.140 Title 19 RCW: Business Regulations—Miscellaneous 19.86.140 Civil penalties. Every person who shall violate the terms of any injunction issued as in this chapter provided, shall forfeit and pay a civil penalty of not more than twenty-five thousand dollars. Every person, other than a corporation, who violates RCW 19.86.030 or 19.86.040 shall pay a civil penalty of not more than one hundred thousand dollars. Every corporation which violates RCW 19.86.030 or 19.86.040 shall pay a civil penalty of not more than five hundred thousand dollars. Every person who violates RCW 19.86.020 shall forfeit and pay a civil penalty of not more than two thousand dollars for each violation: PROVIDED, That nothing in this paragraph shall apply to any radio or television broadcasting station which broadcasts, or to any publisher, printer or distributor of any newspaper, magazine, billboard or other advertising medium who publishes, prints or distributes, advertising in good faith without knowledge of its false, deceptive or misleading character. For the purpose of this section the superior court issuing any injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the attorney general acting in the name of the state may petition for the recovery of civil penalties. With respect to violations of RCW 19.86.030 and 19.86.040, the attorney general, acting in the name of the state, may seek recovery of such penalties in a civil action. [1983 c 288 § 2; 1970 ex.s. c 26 § 7; 1961 c 216 § 14.] 19.86.140 Short title—Purposes—1983 c 288: See note following RCW 19.86.090. chapter shall apply to actions or transactions otherwise permitted, prohibited or regulated under laws administered by the insurance commissioner of this state, the Washington utilities and transportation commission, the federal power commission or actions or transactions permitted by any other regulatory body or officer acting under statutory authority of this state or the United States: PROVIDED, HOWEVER, That actions and transactions prohibited or regulated under the laws administered by the insurance commissioner shall be subject to the provisions of RCW 19.86.020 and all sections of chapter 216, Laws of 1961 and chapter 19.86 RCW which provide for the implementation and enforcement of RCW 19.86.020 except that nothing required or permitted to be done pursuant to Title 48 RCW shall be construed to be a violation of RCW 19.86.020: PROVIDED, FURTHER, That actions or transactions specifically permitted within the statutory authority granted to any regulatory board or commission established within Title 18 RCW shall not be construed to be a violation of chapter 19.86 RCW: PROVIDED, FURTHER, That this chapter shall apply to actions and transactions in connection with the disposition of human remains. RCW 9A.20.010(2) shall not be applicable to the terms of this chapter and no penalty or remedy shall result from a violation of this chapter except as expressly provided herein. [1977 c 49 § 1; 1974 ex.s. c 158 § 1; 1967 c 147 § 1; 1961 c 216 § 17.] Radio communications: RCW 80.04.530. Telecommunications: RCW 80.36.360. 19.86.900 Severability—1961 c 216. If any provision of this act is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the act and the applicability thereof to other persons and circumstances shall not be affected thereby. [1961 c 216 § 18.] 19.86.900 19.86.145 Penalties—Animals used in biomedical research. Any violation of RCW 9.08.070 through 9.08.078 or 16.52.220 constitutes an unfair or deceptive practice in violation of this chapter. The relief available under this chapter for violations of RCW 9.08.070 through 9.08.078 or 16.52.220 by a research institution shall be limited to only monetary penalties in an amount not to exceed two thousand five hundred dollars. [2003 c 53 § 150; 1989 c 359 § 4.] 19.86.145 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 19.86.910 Short title. This act shall be known and designated as the "Consumer Protection Act." [1961 c 216 § 19.] 19.86.910 19.86.920 Purpose—Interpretation—Liberal construction—Saving—1985 c 401; 1983 c 288; 1983 c 3; 1961 c 216. The legislature hereby declares that the purpose of this act is to complement the body of federal law governing restraints of trade, unfair competition and unfair, deceptive, and fraudulent acts or practices in order to protect the public and foster fair and honest competition. It is the intent of the legislature that, in construing this act, the courts be guided by final decisions of the federal courts and final orders of the federal trade commission interpreting the various federal statutes dealing with the same or similar matters and that in deciding whether conduct restrains or monopolizes trade or commerce or may substantially lessen competition, determination of the relevant market or effective area of competition shall not be limited by the boundaries of the state of Washington. To this end this act shall be liberally construed that its beneficial purposes may be served. It is, however, the intent of the legislature that this act shall not be construed to prohibit acts or practices which are reasonable in relation to the development and preservation of business or which are not injurious to the public interest, nor 19.86.920 19.86.150 Dissolution, forfeiture of corporate franchise for violations. Upon petition by the attorney general, the court may, in its discretion, order the dissolution, or suspension or forfeiture of franchise, of any corporation which shall violate RCW 19.86.030 or 19.86.040 or the terms of any injunction issued as in this chapter provided. [1961 c 216 § 15.] 19.86.150 19.86.160 Personal service of process outside state. Personal service of any process in an action under this chapter may be made upon any person outside the state if such person has engaged in conduct in violation of this chapter which has had the impact in this state which this chapter reprehends. Such persons shall be deemed to have thereby submitted themselves to the jurisdiction of the courts of this state within the meaning of RCW 4.28.180 and 4.28.185. [1961 c 216 § 16.] 19.86.160 19.86.170 Exempted actions or transactions—Stipulated penalties and remedies are exclusive. Nothing in this 19.86.170 [Title 19 RCW—page 130] (2008 Ed.) Weights and Measures be construed to authorize those acts or practices which unreasonably restrain trade or are unreasonable per se. [1985 c 401 § 1; 1983 c 288 § 4; 1983 c 3 § 25; 1961 c 216 § 20.] Reviser’s note: "This act" originally appears in 1961 c 216. 19.94.340 19.94.350 19.94.360 19.94.370 Short title—Purposes—1983 c 288: See note following RCW 19.86.090. 19.94.390 Chapter 19.91 RCW UNFAIR CIGARETTE SALES BELOW COST ACT 19.94.400 19.94.410 19.94.420 Chapter 19.91 Sections 19.91.300 Cigarettes—Sales below cost prohibited. 19.91.300 Cigarettes—Sales below cost prohibited. No person licensed to sell cigarettes under chapter 82.24 RCW may sell cigarettes below the actual price paid. Violations of this section constitute unfair or deceptive acts or practices under the consumer protection act, chapter 19.86 RCW. [1986 c 321 § 13.] 19.91.300 Policy—Intent—Savings—Effective date—1986 c 321: See notes following RCW 82.24.500. Chapter 19.94 Chapter 19.94 RCW WEIGHTS AND MEASURES Sections 19.94.005 19.94.010 19.94.015 19.94.150 19.94.160 19.94.163 19.94.165 19.94.175 19.94.185 19.94.190 19.94.195 19.94.205 19.94.216 19.94.220 19.94.230 19.94.240 19.94.250 19.94.255 19.94.258 19.94.2582 19.94.2584 19.94.260 19.94.265 19.94.280 19.94.310 19.94.320 19.94.325 (2008 Ed.) Findings. Definitions—Director may prescribe by rule. Commercial use of instrument or device—Registration— Fees. Standards recognized. State standards. Testing by department—Ensuring enforcement—Issuance of seal of approval—Exception. Commercial instruments or devices to be correct. Registration—Inspection and testing—Fees. Deposit of moneys—Weights and measures account—General fund. Enforcement—Rules. Specifications, tolerances, technical requirements—Adoption—Hearing—Notice. Correct and incorrect—Instruments, devices, weights, measures—When deemed. Department inspection—City sealer—Agencies, institutions—Fees. Investigations. Inspections and tests to determine conformity to law—Off sale order—Marks, tags, stamps. Stop-use, stop-removal, and removal orders. Inspection of instrument or device to determine if correct— Rejection or seizure—Confiscation or destruction—Use of incorrect instrument or device—Notice. Correction of rejected weights and measures. Service agent—Registration certificate. Service agent—Registration certificate—Fee—Decision— Denial—Notice—Refund. Service agent—Registration certificate—Revocation, suspension, refusal to renew—Appeal. Rejection—Seizure for use as evidence—Entry of premises—Search warrant. Grievances—Procedure—Notice—Hearing—Rules. City sealers and deputies—Appointment, removal—Record, report—Testing of devices and instruments—Seal of approval. City sealers and deputies—Duties of governing body— Sealer to have standards comparison made every two years. City sealers—Director—General oversight powers, concurrent authority—Powers and duties of chapter are additional. Service agent—Inspection and testing of weights and measures—Seal of approval—Fees—Violation—Penalty. 19.94.430 19.94.440 19.94.450 19.94.460 19.94.470 19.94.480 19.94.485 19.94.490 19.94.500 19.94.505 19.94.507 19.94.510 19.94.515 19.94.517 19.94.520 19.94.530 19.94.540 19.94.542 19.94.544 19.94.900 19.94.910 19.94.920 19.94.010 Sale of commodities—Measurement—Exceptions—Rules to assure good practice and accuracy. Packaged commodities in intrastate commerce—Declaration of contents on outside—Rules. Declaration of price on outside of package. Misleading wrappers, containers of packaged commodities— Standards of fill required. Price not to be misleading, deceiving, misrepresented—Fractions—Examination procedure standard—Department may revise—Electronic scanner screen visibility. Meat, fish, poultry to be sold by weight—Exceptions. Butter, margarine to be sold by weight. Fluid dairy products to be packaged for retail sale in certain units. Packaged flour to be kept, sold, etc., in certain units. Commodities sold in bulk—Delivery tickets. Solid fuels to be sold by weight, cubic measure—Delivery tickets. Heating oils—Delivery tickets—Statements. Berries and small fruit. Fractional units as fractional value. Contracts—Construction. Obstruction of director or sealer in performance of duties— Penalty. Impersonation of director or sealer—Penalty. Gasoline containing alcohol—Dispensing device label required—Carbon monoxide nonattainment area—Penalty. Gasoline delivered to service stations—Invoice required. Unlawful practices—Penalty. Unlawful commercial use of instrument or device—Penalty. Incorrect commercial instrument or device to benefit of owner/operator—Penalties—Appeal. Injunction against violations. Proof of existence of weighing or measuring instrument or device presumed proof of regular use. Antifreeze products—Use of aversive agent. Antifreeze products—Aversive agents—Limitation of liability. Antifreeze products—Aversive agents—Application. Chapter cumulative and nonexclusive. Severability—1969 c 67. Effective date—1992 c 237. 19.94.005 Findings. The legislature finds: (1) The accuracy of weighing and measuring instruments and devices used in commerce in the state of Washington affects every consumer throughout the state and is of vital importance to the public interest. (2) Fair weights and measures are equally important to business and the consumer. (3) This chapter safeguards the consuming public and ensures that businesses receive proper compensation for the commodities they deliver. [1995 c 355 § 3; 1992 c 237 § 1.] 19.94.005 Application—Effective dates—1995 c 355: See notes following RCW 19.94.015. Intent—1992 c 237: "Until such time as the study in section 38, chapter 237, Laws of 1992, is completed, it is the intent of the legislature that consumer protection activities of the department of agriculture weights and measures program be funded by the general fund and that device inspection related activities be funded on a fee-for-service basis." [1992 c 237 § 2.] 19.94.010 Definitions—Director may prescribe by rule. (1) Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter and to any rules adopted pursuant to this chapter. (a) "City" means a first-class city with a population of over fifty thousand persons. (b) "City sealer" means the person duly authorized by a city to enforce and administer the weights and measures program within such city and any duly appointed deputy sealer acting under the instructions and at the direction of the city sealer. 19.94.010 [Title 19 RCW—page 131] 19.94.015 Title 19 RCW: Business Regulations—Miscellaneous (c) "Commodity in package form" means a commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale, exclusive, however, of an auxiliary shipping container enclosing packages that individually conform to the requirements of this chapter. An individual item or lot of any commodity not in packaged form, but on which there is marked a selling price based on established price per unit of weight or of measure, shall be construed to be a commodity in package form. (d) "Consumer package" or "package of consumer commodity" means a commodity in package form that is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by persons, or used by persons for the purpose of personal care or in the performance of services ordinarily rendered in or about a household or in connection with personal possessions. (e) "Cord" means the measurement of wood intended for fuel or pulp purposes that is contained in a space of one hundred twenty-eight cubic feet, when the wood is ranked and well stowed. (f) "Department" means the department of agriculture of the state of Washington. (g) "Director" means the director of the department or duly authorized representative acting under the instructions and at the direction of the director. (h) "Fish" means any waterbreathing animal, including shellfish, such as, but not limited to, lobster, clam, crab, or other mollusca that is prepared, processed, sold, or intended for sale. (i) "Net weight" means the weight of a commodity excluding any materials, substances, or items not considered to be part of such commodity. Materials, substances, or items not considered to be part of a commodity shall include, but are not limited to, containers, conveyances, bags, wrappers, packaging materials, labels, individual piece coverings, decorative accompaniments, and coupons. (j) "Nonconsumer package" or "package of nonconsumer commodity" means a commodity in package form other than a consumer package and particularly a package designed solely for industrial or institutional use or for wholesale distribution only. (k) "Meat" means and shall include all animal flesh, carcasses, or parts of animals, and shall also include fish, shellfish, game, poultry, and meat food products of every kind and character, whether fresh, frozen, cooked, cured, or processed. (l) "Official seal of approval" means the seal or certificate issued by the director or city sealer which indicates that a secondary weights and measures standard or a weighing or measuring instrument or device conforms with the specifications, tolerances, and other technical requirements adopted in RCW 19.94.195. (m) "Person" means any individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, copartnership, joint venture, club, company, business trust, corporation, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise. (n) "Poultry" means all fowl, domestic or wild, that is prepared, processed, sold, or intended or offered for sale. (o) "Service agent" means a person who for hire, award, commission, or any other payment of any kind, installs, tests, [Title 19 RCW—page 132] inspects, checks, adjusts, repairs, reconditions, or systematically standardizes the graduations of a weighing or measuring instrument or device. (p) "Ton" means a unit of two thousand pounds avoirdupois weight. (q) "Weighing or measuring instrument or device" means any equipment or apparatus used commercially to establish the size, quantity, capacity, count, extent, area, heaviness, or measurement of quantities, things, produce, or articles for distribution or consumption, that are purchased, offered or submitted for sale, hire, or award on the basis of weight, measure or count, including any accessory attached to or used in connection with a weighing or measuring instrument or device when such accessory is so designed or installed that its operation affects, or may effect, the accuracy or indication of the device. This definition shall be strictly limited to those weighing or measuring instruments or devices governed by Handbook 44 as adopted under RCW 19.94.195. (r) "Weight" means net weight as defined in this section. (s) "Weights and measures" means the recognized standards or units of measure used to indicate the size, quantity, capacity, count, extent, area, heaviness, or measurement of any consumable commodity. (t) "Secondary weights and measures standard" means the physical standards that are traceable to the primary standards through comparisons, used by the director, a city sealer, or a service agent that under specified conditions defines or represents a recognized weight or measure during the inspection, adjustment, testing, or systematic standardization of the graduations of any weighing or measuring instrument or device. (2) The director shall prescribe by rule other definitions as may be necessary for the implementation of this chapter. [1995 c 355 § 4; 1992 c 237 § 3; 1969 c 67 § 1.] Application—Effective dates—1995 c 355: See notes following RCW 19.94.015. 19.94.015 Commercial use of instrument or device— Registration—Fees. (1) Except as provided in subsection (4) of this section for the initial registration of an instrument or device, no weighing or measuring instrument or device may be used for commercial purposes in the state unless its commercial use is registered annually. If its commercial use is within a city that has a city sealer and a weights and measures program as provided by RCW 19.94.280, the commercial use of the instrument or device shall be registered with the city if the city has adopted fees pursuant to subsection (2) of this section. If its commercial use is outside of such a city, the commercial use of the instrument or device shall be registered with the department. (2) A city with such a sealer and program may establish an annual fee for registering the commercial use of such a weighing or measuring instrument or device with the city. The annual fee shall not exceed the fee established in RCW 19.94.175 for registering the use of a similar instrument or device with the department. Fees upon weighing or measuring instruments or devices within the jurisdiction of the city that are collected under this subsection by city sealers shall be deposited into the general fund, or other account, of the city as directed by the governing body of the city. 19.94.015 (2008 Ed.) Weights and Measures (3) Registrations with the department are accomplished as part of the master license system under chapter 19.02 RCW. Payment of the registration fee for a weighing or measuring instrument or device under the master license system constitutes the registration required by this section. (4) The fees established by or under RCW 19.94.175 for registering a weighing or measuring instrument or device shall be paid to the department of licensing concurrently with an application for a master license or with the annual renewal of a master license under chapter 19.02 RCW. A weighing or measuring instrument or device shall be initially registered with the state at the time the owner applies for a master license for a new business or at the first renewal of the license that occurs after the instrument or device is first placed into commercial use. However, the use of an instrument or device that is in commercial use on *the effective date of this act shall be initially registered at the time the first renewal of the master license of the owner of the instrument or device is due following *the effective date of this act. The department of licensing shall remit to the department of agriculture all fees collected under this provision less reasonable collection expenses. (5) Each city charging registration fees under this section shall notify the department of agriculture at the time such fees are adopted and whenever changes in the fees are adopted. [1995 c 355 § 1.] *Reviser’s note: 1995 c 355 has different effective dates. The effective date for sections 1 and 7 is January 1, 1996, and the effective date for sections 2 through 6 and 8 through 25 is July 1, 1995. Application—1995 c 355: "This act applies prospectively only and not retroactively. It applies only to causes of action that arise or that are commenced on or after *the effective date of this act. This act does not affect any liability or obligation arising prior to *the effective date of this act." [1995 c 355 § 27.] *Effective dates—1995 c 355: "(1) Sections 2 through 6 and 8 through 25 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995. (2) Sections 1 and 7 of this act shall take effect January 1, 1996." [1995 c 355 § 28.] 19.94.150 Standards recognized. The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and either one or both of these systems shall be used for all commercial purposes in this state. The definitions of basic units of weight and measure and weights and measures equivalents, as published by the national institute of standards and technology or any successor organization, are recognized and shall govern weighing or measuring instruments or devices used in commercial activities and other transactions involving weights and measures within this state. [1992 c 237 § 4; 1991 sp.s. c 23 § 4; 1969 c 67 § 15.] 19.94.150 Legislative findings—1991 sp.s. c 23: "The legislature finds: (1) Accurate weights and measures are essential for the efficient operation of commerce in Washington, and weights and measures are important to both consumers and businesses. (2) Legislation to expand the weights and measures program and fund the program with license fees on weights and measures devices has been considered. (3) Additional information is necessary before further action can be taken." [1991 sp.s. c 23 § 1.] Intent—1991 sp.s. c 23: "It is the intent of the legislature to fund the current weights and measures program only through the first year of the (2008 Ed.) 19.94.175 1991-93 fiscal biennium, and to base funding of the program for the second year of the biennium and ensuing biennia upon the recommendations of the study performed under section 3, chapter 23, Laws of 1991 1st sp. sess." [1991 sp.s. c 23 § 2.] 19.94.160 State standards. Weights and measures standards that are in conformity with the standards of the United States as have been supplied to the state by the federal government or otherwise obtained by the state for use as state weights and measures standards, shall, when the same shall have been certified as such by the national institute of standards and technology or any successor organization, be the primary standards of weight and measure. The state weights and measures standards shall be kept in a place designated by the director and shall be maintained in such calibration as prescribed by the national institute of standards and technology or any successor organization. [1995 c 355 § 5; 1992 c 237 § 5; 1991 sp.s. c 23 § 5; 1969 c 67 § 16.] 19.94.160 Application—Effective dates—1995 c 355: See notes following RCW 19.94.015. Legislative findings—Intent—1991 sp.s. c 23: See notes following RCW 19.94.150. 19.94.163 Testing by department—Ensuring enforcement—Issuance of seal of approval—Exception. (1) Except as provided in subsection (3) of this section and RCW 19.94.190(1)(d), the department shall test and inspect each biennium a sufficient number of weighing and measuring instruments and devices to ensure that the provisions of this chapter are enforced. (2) The department may issue an official seal of approval for each weighing or measuring instrument or device that has been tested and inspected and found to be correct. (3) Except as provided in RCW 19.94.216, this section does not apply to weighing or measuring instruments or devices located in an area of the state that is within a city that has a city sealer and a weights and measures program pursuant to RCW 19.94.280 unless the city sealer does not possess the equipment necessary to test and inspect the weighing or measuring instrument or device. [1995 c 355 § 2.] 19.94.163 Application—Effective dates—1995 c 355: See notes following RCW 19.94.015. 19.94.165 Commercial instruments or devices to be correct. All weighing or measuring instruments or devices used for commercial purposes within this state shall be correct. [1995 c 355 § 6; 1992 c 237 § 6.] 19.94.165 Application—Effective dates—1995 c 355: See notes following RCW 19.94.015. 19.94.175 Registration—Inspection and testing— Fees. (1) Pursuant to RCW 19.94.015, the following annual registration fees shall be charged for each weighing or measuring instrument or device used for commercial purposes in this state: 19.94.175 (a) Weighing devices: (i) Small scales "zero to four hundred pounds capacity" . . . . . . (ii) Intermediate scales "four hundred one pounds to five thousand pounds capacity" . . . . . . $ 10.00 $ 40.00 [Title 19 RCW—page 133] 19.94.185 Title 19 RCW: Business Regulations—Miscellaneous (iii) Large scales "over five thousand pounds capacity" . . . . . . (iv) Railroad track scales . . . . . . . (b) Liquid fuel metering devices: (i) Motor fuel meters with flows of twenty gallo ns o r less p er minute . . . . . . . . . . . . . . . . . . (ii) Motor fuel meters with flows of more than twenty but not more than one hundred fifty gallons per minute . . . . . . . . . . . . . . . (iii) Motor fuel meters with flows over one hundred fifty gallons per minute . . . . . . . . . . . . . . . (c) Liquid petroleum gas meters: (i) With one inch diameter or smaller dispensers . . . . . . . . . (ii) With greater than one inch diameter dispensers . . . . . . . . (d) Fabric meters . . . . . . . . . . . . . (e) Cordage meters . . . . . . . . . . . (f) Mass flow meters . . . . . . . . . (g) Taxi meters . . . . . . . . . . . . . . $ $ 75.00 800.00 $ 10.00 $ 32.00 $ 50.00 $ 25.00 $ $ $ $ $ 50.00 10.00 10.00 200.00 25.00 (2) With the exception of subsection (3) of this section, no person shall be required to pay more than the annual registration fee for any weighing or measuring instrument or device in any one year. (3) The department or a city sealer may establish reasonable inspection and testing fees for each type or class of weighing or measuring instrument or device specially requested to be inspected or tested by the device owner. These inspection and testing fees shall be limited to those amounts necessary for the department or city sealer to cover the direct costs associated with such inspection and testing. The fees shall not be set so as to compete with service agents normally engaged in such services. [2006 c 358 § 2; (2006 c 358 § 1 expired July 1, 2007); 1995 c 355 § 7; 1992 c 237 § 7.] Effective dates—2006 c 358: "(1) Sections 1 and 3 through 7 of this act take effect July 1, 2006. (2) Section 2 of this act takes effect July 1, 2007." [2006 c 358 § 8.] Expiration date—2006 c 358 § 1: "Section 1 of this act expires July 1, 2007." [2006 c 358 § 9.] Application—Effective dates—1995 c 355: See notes following RCW 19.94.015. 19.94.185 Deposit of moneys—Weights and measures account—General fund. (1) Except as provided in subsection (2) of this section, all moneys collected under this chapter shall be payable to the director and placed in the weights and measures account hereby established in the agricultural local fund. Moneys deposited in this account shall be used solely for the purposes of implementing or enforcing this chapter. No appropriation is required for the disbursement of moneys from the weights and measures account by the director. (2) Civil penalties collected by the department under RCW 19.94.510, 19.94.515, and 19.94.517 shall be deposited in the state general fund. [1998 c 245 § 9; 1995 c 355 § 8; 1992 c 237 § 8.] 19.94.185 [Title 19 RCW—page 134] Application—Effective dates—1995 c 355: See notes following RCW 19.94.015. 19.94.190 Enforcement—Rules. (1) The director and duly appointed city sealers shall enforce the provisions of this chapter. The director shall adopt rules for enforcing and carrying out the purposes of this chapter including but not limited to the following: (a) Establishing state standards of weight, measure, or count, and reasonable standards of fill for any commodity in package form; (b) The establishment of technical and reporting procedures to be followed, any necessary report and record forms, and marks of rejection to be used by the director and city sealers in the discharge of their official duties as required by this chapter; (c) The establishment of technical test procedures, reporting procedures, and any necessary record and reporting forms to be used by service agents when testing and inspecting instruments or devices under RCW 19.94.255(3) or when otherwise installing, repairing, inspecting, or standardizing the graduations of any weighing or measuring instruments or devices; (d) The establishment of exemptions from the marking or tagging requirements of RCW 19.94.250 with respect to weighing or measuring instruments or devices of such character or size that such marking or tagging would be inappropriate, impracticable, or damaging to the apparatus in question; (e) The establishment of exemptions from the inspection and testing requirements of RCW 19.94.163 with respect to classes of weighing or measuring instruments or devices found to be of such character that periodic inspection and testing is unnecessary to ensure continued accuracy; (f) The establishment of inspection and approval techniques, if any, to be used with respect to classes of weighing or measuring instruments or devices that are designed specifically to be used commercially only once and then discarded, or are uniformly mass-produced by means of a mold or die and are not individually adjustable; and (g) The establishment of inspection and testing procedures to be used for classes of weighing or measuring instruments or devices found to be few in number, highly complex, and of such character that differential or special inspection and testing is necessary, including railroad track scales. The department’s procedures shall include requirements for the provision, maintenance, and transport of any weight or measure necessary for the inspection and testing at no expense to the state. (2) These rules shall also include specifications and tolerances for the acceptable range of accuracy required of weighing or measuring instruments or devices and shall be designed to eliminate from use, without prejudice to weighing or measuring instruments or devices that conform as closely as practicable to official specifications and tolerances, those (a) that are of such construction that they are faulty, that is, that are not reasonably permanent in their adjustment or will not repeat their indications correctly, or (b) that facilitate the perpetration of fraud. [1995 c 355 § 9; 1992 c 237 § 9; 1991 sp.s. c 23 § 6; 1989 c 354 § 36; 1977 ex.s. c 26 § 5; 1969 c 67 § 19.] 19.94.190 (2008 Ed.) Weights and Measures Application—Effective dates—1995 c 355: See notes following RCW 19.94.015. Legislative findings—Intent—1991 sp.s. c 23: See notes following RCW 19.94.150. Severability—1989 c 354: See note following RCW 15.36.012. 19.94.195 Specifications, tolerances, technical requirements—Adoption—Hearing—Notice. (1) The department shall adopt the specifications, tolerances, and other technical requirements for commercial weighing or measuring instruments or devices, together with amendments thereto, as recommended by the most recent edition of Handbook 44 published by the national institute of standards and technology or any successor organization as the specifications, tolerances, and other technical requirements for commercial weighing or measuring instruments or devices commercially used in this state. (2)(a) To promote uniformity, any supplements or amendments to Handbook 44 or any similar subsequent publication of the national institute of standards and technology or any successor organization shall be deemed to have been adopted under this section. (b) The director may, however, within thirty days of the publication or effective date of Handbook 44 or any supplements, amendments, or similar publications give public notice that a hearing will be held to determine if such publications should not be applicable under this section. Any such hearing shall be conducted under chapter 34.05 RCW. [1992 c 237 § 10.] 19.94.195 19.94.205 Correct and incorrect—Instruments, devices, weights, measures—When deemed. For the purposes of this chapter, weighing or measuring instruments or devices and weights and measures standards shall be deemed to be "correct" when they conform to all applicable requirements of this chapter or the requirements of any rule adopted by the department under the authority granted in this chapter; all other weighing or measuring instruments or devices and weights and measures standards shall be deemed to be "incorrect." [1992 c 237 § 11.] 19.94.205 19.94.216 Department inspection—City sealer— Agencies, institutions—Fees. The department shall: (1) Biennially inspect and test the secondary weights and measures standards of any city for which the appointment of a city sealer is provided by this chapter and shall issue an official seal of approval for same when found to be correct. The department shall, by rule, establish a reasonable fee for this and any other inspection and testing services performed by the department’s metrology laboratory. Each such fee shall recover at least seventy-five percent of the laboratory’s costs incurred in performing the service governed by the fee on or before June 30, 1998. The fees established under this subsection may be increased in excess of the fiscal growth factor as provided in RCW 43.135.055 for the fiscal year ending 1996, 1997, and 1998. For fiscal year 1999 and thereafter, the fees established under this subsection may not be increased by an amount greater than the fiscal growth factor as provided in RCW 43.135.055. (2) Biennially inspect and test any weighing or measuring instrument or device used in an agency or institution to 19.94.216 (2008 Ed.) 19.94.240 which moneys are appropriated by the legislature or of the federal government and shall report any findings in writing to the executive officer of the agency or institution concerned. The department shall collect a reasonable fee, to be set by rule, for testing any such weighing or measuring instrument or device. [1995 c 355 § 10; 1992 c 237 § 12.] Application—Effective dates—1995 c 355: See notes following RCW 19.94.015. 19.94.220 Investigations. In promoting the general objective of ensuring accuracy of weighing or measuring instruments or devices and the proper representation of weights and measures in commercial transactions, the director or a city sealer shall, upon his or her own initiative and as he or she deems appropriate and advisable, investigate complaints made concerning violations of the provisions of this chapter. [1992 c 237 § 13; 1991 sp.s. c 23 § 8; 1969 c 67 § 22.] 19.94.220 Legislative findings—Intent—1991 sp.s. c 23: See notes following RCW 19.94.150. 19.94.230 Inspections and tests to determine conformity to law—Off sale order—Marks, tags, stamps. (1) The director or a city sealer may, from time to time, inspect and test packages or amounts of commodities kept, offered, exposed for sale, sold, or in the process of delivery to determine whether the same contain the amounts represented and whether they are kept, offered, exposed for sale or sold in accordance with law. When such packages or amounts of commodities are found not to contain the amounts represented or are found to be kept, offered, or exposed for sale or sold in violation of law, the director or city sealer may order them off sale and may mark, tag, or stamp them in a manner prescribed by the department. (2) In carrying out the provisions of this section, the director or city sealer may employ recognized sampling procedures under which the compliance of a given lot of packages will be determined on the basis of a result obtained on a sample selected from and representative of such lot. (3) No person shall (a) sell, keep, offer, or expose for sale any package or amount of commodity that has been ordered off sale as provided in this section unless and until such package or amount of commodity has been brought into full compliance with legal requirements or (b) dispose of any package or amount of commodity that has been ordered off sale and that has not been brought into compliance with legal requirements in any manner except with the specific written approval of the director or city sealer who issued such off sale order. [1992 c 237 § 14; 1969 c 67 § 23.] 19.94.230 19.94.240 Stop-use, stop-removal, and removal orders. (1) The director or a city sealer shall have the power to issue stop-use orders, stop-removal orders, and removal orders with respect to weighing or measuring devices being, or susceptible of being, commercially used within this state. (2) The director or a city sealer shall also have the power to issue stop-removal orders and removal orders with respect to packages or amounts of commodities kept, offered, exposed for sale, sold, or in process of delivery. (3) The director or a city sealer shall issue such orders whenever in the course of his or her enforcement of the pro19.94.240 [Title 19 RCW—page 135] 19.94.250 Title 19 RCW: Business Regulations—Miscellaneous visions of this chapter or rules adopted hereunder he or she deems it necessary or expedient to issue such orders. (4) No person shall use, remove from the premises specified, or fail to remove from any premises specified any weighing or measuring instrument or device, commodity in packaged form, or amount of commodity contrary to the terms of a stop-use order, stop-removal order or removal order, issued under the authority of this section. [1992 c 237 § 15; 1991 sp.s. c 23 § 9; 1969 c 67 § 24.] Legislative findings—Intent—1991 sp.s. c 23: See notes following RCW 19.94.150. 19.94.250 Inspection of instrument or device to determine if correct—Rejection or seizure—Confiscation or destruction—Use of incorrect instrument or device— Notice. (1) If the director or a city sealer discovers upon inspection that a weighing or measuring instrument or device is "incorrect," but in his or her best judgment is susceptible of satisfactory repair, he or she shall reject and mark or tag as rejected any such weighing or measuring instrument or device. (2) The director or a city sealer may reject or seize any weighing or measuring instrument or device found to be incorrect that, in his or her best judgment, is not susceptible of satisfactory repair. (3) Weighing or measuring instruments or devices that have been rejected under subsection (1) of this section may be confiscated and may be destroyed by the director or a city sealer if not corrected as required by RCW 19.94.255 or if used or disposed of contrary to the requirements of that section. (4) The director or a city sealer shall permit the use of an incorrect weighing or measuring instrument or device, pending repairs, if the device is incorrect to the economic benefit of the consumer and the consumer is not the seller. However, if the director or city sealer finds such an error, the director or city sealer shall notify the owner of the instrument or device, or the owner’s representative at the business location, regarding the error. [1995 c 355 § 11; 1992 c 237 § 16; 1991 sp.s. c 23 § 10; 1969 c 67 § 25.] 19.94.250 Application—Effective dates—1995 c 355: See notes following RCW 19.94.015. Legislative findings—Intent—1991 sp.s. c 23: See notes following RCW 19.94.150. 19.94.255 Correction of rejected weights and measures. (1) Weighing or measuring instruments or devices that have been rejected under the authority of the director or a city sealer shall remain subject to the control of the rejecting authority until such time as suitable repair or disposition thereof has been made as required by this section. (2) The owner of any weighing or measuring instrument or device that has been marked or tagged as rejected by the director or a city sealer shall cause the same to be made correct within thirty days or such longer period as may be authorized by the rejecting authority. In lieu of correction, the owner of such weighing and measuring instrument or device may dispose of the same, but only in the manner specifically authorized by the rejecting authority. (3) Weighing and measuring instruments or devices that have been rejected shall not again be used commercially until 19.94.255 [Title 19 RCW—page 136] they have been reexamined and found to be correct by the department, city sealer, or a service agent registered with the department. (4) If a weighing or measuring instrument or device marked or tagged as rejected is placed back into commercial service by a service agent registered with the department, the agent shall provide a signed certification to the owner or operator of the instrument or device so indicating and shall report to the rejecting authority as provided by rule under RCW 19.94.190(1)(c). [1995 c 355 § 12; 1992 c 237 § 17; 1991 sp.s. c 23 § 14; 1969 c 67 § 33. Formerly RCW 19.94.330.] Application—Effective dates—1995 c 355: See notes following RCW 19.94.015. Legislative findings—Intent—1991 sp.s. c 23: See notes following RCW 19.94.150. 19.94.258 Service agent—Registration certificate. (1) Except as authorized by the department, a service agent who intends to provide the examination that permits a weighing or measuring instrument or device to be placed back into commercial service under RCW 19.94.255(3) shall receive an official registration certificate from the director prior to performing such a service. This registration requirement does not apply to the department or a city sealer. (2) Except as provided in RCW 19.94.2584, a registration certificate is valid for one year. It may be renewed by submitting a request for renewal to the department. [2000 c 171 § 61; 1995 c 355 § 15.] 19.94.258 Application—Effective dates—1995 c 355: See notes following RCW 19.94.015. 19.94.2582 Service agent—Registration certificate— Fee—Decision—Denial—Notice—Refund. (1) Each request for an official registration certificate shall be in writing, under oath, and on a form prescribed by the department and shall contain any relevant information as the director may require, including but not limited to the following: (a) The name and address of the person, corporation, partnership, or sole proprietorship requesting registration; (b) The names and addresses of all individuals requesting an official registration certificate from the department; and (c) The tax registration number as required under RCW 82.32.030 or uniform business identifier provided on a master license issued under RCW 19.02.070. (2) Each individual when submitting a request for an official registration certificate or a renewal of such a certificate shall pay a fee to the department in the amount of one hundred sixty dollars per individual. (3) The department shall issue a decision on a request for an official registration certificate within twenty days of receipt of the request. If an individual is denied their request for an official registration certificate, the department must notify that individual in writing stating the reasons for the denial and shall refund any payments made by that individual in connection with the request. [2006 c 358 § 5; 1995 c 355 § 16. Formerly RCW 19.94.025.] 19.94.2582 Effective dates—2006 c 358: See note following RCW 19.94.175. Application—Effective dates—1995 c 355: See notes following RCW 19.94.015. (2008 Ed.) Weights and Measures 19.94.2584 Service agent—Registration certificate— Revocation, suspension, refusal to renew—Appeal. (1) The department shall have the power to revoke, suspend, or refuse to renew the official registration certificate of any service agent for any of the following reasons: (a) Fraud or deceit in obtaining an official registration certificate under this chapter; (b) A finding by the department of a pattern of intentional fraudulent or negligent activities in the installation, inspection, testing, checking, adjusting, or systematically standardizing and approving the graduations of any weighing or measuring instrument or device; (c) Knowingly placing back into commercial service any weighing or measuring instrument or device that is incorrect; (d) A violation of any provision of this chapter; or (e) Conviction of a crime or an act constituting a crime under the laws of this state, the laws of another state, or federal law. (2) Upon the department’s revocation of, suspension of, or refusal to renew an official registration certificate, an individual shall have the right to appeal this decision in accordance with the administrative procedure act, chapter 34.05 RCW. [2000 c 171 § 62; 1995 c 355 § 17. Formerly RCW 19.94.035.] 19.94.2584 19.94.310 mine the matter. Such proceedings and any appeal therefrom shall be taken in accordance with the administrative procedure act, chapter 34.05 RCW. (2) The director shall give due notice and hold a hearing within ten days after the confiscation or seizure of any weighing or measuring instrument or device or commodity under RCW 19.94.250 or the seizure of any weighing or measuring instrument or device for evidence under RCW 19.94.260. This hearing shall be for the purposes of determining whether any such weighing or measuring instrument or device or commodity was properly confiscated or seized, to determine whether or not such weighing or measuring instrument or device or commodity was used for, or is in, violation of any provision of this chapter or to determine the disposition to be made of such weighing or measuring instrument or device or commodity. Such proceedings and any appeal therefrom shall be taken in accordance with the administrative procedure act, chapter 34.05 RCW. (3) The department may by rule establish procedures for the administration of this section. [1992 c 237 § 19.] 19.94.260 Rejection—Seizure for use as evidence— Entry of premises—Search warrant. (1) With respect to the enforcement of this chapter and any other acts dealing with weights and measures that he or she is, or may be empowered to enforce, the director or a city sealer may reject or seize for use as evidence incorrect weighing or measuring instruments or devices or packages of commodities to be used, retained, offered, exposed for sale, or sold in violation of the law. (2) In the performance of his or her official duties conferred under this chapter, the director or a city sealer is authorized at reasonable times during the normal business hours of the person using a weighing or measuring instrument or device to enter into or upon any structure or premises where such weighing or measuring instrument or device is used or kept for commercial purposes. If the director or a city sealer is denied access to any premises or establishment where such access was sought for the purposes set forth in this chapter, the director or a city sealer may apply to any court of competent jurisdiction for a search warrant authorizing access to such premises or establishment for such purposes. The court may, upon such application, issue the search warrant for the purposes requested. [1992 c 237 § 18; 1991 sp.s. c 23 § 11; 1969 c 67 § 26.] 19.94.280 City sealers and deputies—Appointment, removal—Record, report—Testing of devices and instruments—Seal of approval. (1) There may be a city sealer in every city and such deputies as may be required by ordinance of each such city to administer and enforce the provisions of this chapter. (2) Each city electing to have a city sealer shall adopt rules for the appointment and removal of the city sealer and any deputies required by local ordinance. The rules for appointment of a city sealer and any deputies must include provisions for the advice and consent of the local governing body of such city and, as necessary, any provisions for local civil service laws and regulations. (3) A city sealer shall keep a complete and accurate record of all official acts performed under the authority of this chapter and shall submit an annual report to the governing body of his or her city and shall make any reports as may be required by the director. (4) The city sealer shall test and inspect a sufficient number of weighing and measuring instruments and devices to ensure that the provisions of this chapter are enforced in the city. This subsection does not apply to weighing or measuring instruments or devices for which the sealer does not have the necessary testing or inspection equipment or to instruments or devices that are to be inspected by the department under RCW 19.94.216(2). (5) A city sealer may issue an official seal of approval for each weighing or measuring instrument or device that has been inspected and tested and found to be correct. [1995 c 355 § 13; 1992 c 237 § 20; 1969 c 67 § 28.] Legislative findings—Intent—1991 sp.s. c 23: See notes following RCW 19.94.150. Application—Effective dates—1995 c 355: See notes following RCW 19.94.015. 19.94.265 Grievances—Procedure—Notice—Hearing—Rules. (1) Any person aggrieved by any official action of the department or a city sealer conferred under this chapter, including but not limited to, "stop-use orders," "stopremoval orders," "removal orders," "condemnation," or "off sale order" may within thirty days after an order is given or any action is taken, petition the director for a hearing to deter- 19.94.310 City sealers and deputies—Duties of governing body—Sealer to have standards comparison made every two years. (1) The governing body of each city for which a city sealer has been appointed as provided for by RCW 19.94.280 shall: (a) Procure at the expense of the city the official weights and measures standards and any field weights and measures Application—Effective dates—1995 c 355: See notes following RCW 19.94.015. 19.94.260 19.94.265 (2008 Ed.) 19.94.280 19.94.310 [Title 19 RCW—page 137] 19.94.320 Title 19 RCW: Business Regulations—Miscellaneous standards necessary for the administration and enforcement of the provisions of this chapter or any rule that may be prescribed by the director; (b) Provide a suitable office for the city sealer and any deputies that have been duly appointed; and (c) Make provision for the necessary clerical services, supplies, transportation and for defraying contingent expenses incidental to the official activities of the city sealer and his or her deputies in carrying out the provisions of this chapter. (2) When the acquisition of the official weights and measures standards required under subsection (1)(a) of this section has been made and such weights and measures standards have been examined and approved by the director, they shall be the certified weights and measures standards for such city. (3) In order to maintain field weights and measures standards in accurate condition, the city sealer shall, at least once every two years, compare the field weights and measures standards used within his or her city to the certified weights and measures standards of such city or to the official weights and measures standards of this state. [2000 c 171 § 63; 1992 c 237 § 21; 1969 c 67 § 31.] 19.94.320 City sealers—Director—General oversight powers, concurrent authority—Powers and duties of chapter are additional. (1) In cities for which city sealers have been appointed as provided for in this chapter, the director shall have general oversight powers over city weights and measures programs and may, when he or she deems it reasonably necessary, exercise concurrent authority to carry out the provisions of this chapter. (2) When the director elects to exercise concurrent authority within a city with a duly appointed city sealer, the director’s powers and duties relative to this chapter shall be in addition to the powers granted in any such city by law or charter. [1995 c 355 § 14; 1992 c 237 § 22; 1969 c 67 § 32.] 19.94.320 Application—Effective dates—1995 c 355: See notes following RCW 19.94.015. 19.94.325 Service agent—Inspection and testing of weights and measures—Seal of approval—Fees—Violation—Penalty. (1) Except as otherwise provided for in this chapter or in any rule adopted under the authority of this chapter, any person who engages in business within this state as a service agent shall biennially submit to the department for inspection and testing all weights and measures standards used by the service agent, or any agent or employee of the service agent. If the department finds such weights and measures standards to be correct, the director shall issue an official seal of approval for each such standard. (2) The department may by rule adopt reasonable fees for the inspection and testing services performed by the weights and measures laboratory pursuant to this section. (3) A service agent shall not use in the installation, inspection, adjustment, repair, or reconditioning of any weighing or measuring instrument or device any weight or measure standard that does not have a valid, official seal of approval from the director. Any service agent who violates this section is subject to a civil penalty of no more than five hundred dollars. [1992 c 237 § 23.] 19.94.325 [Title 19 RCW—page 138] 19.94.340 Sale of commodities—Measurement— Exceptions—Rules to assure good practice and accuracy. (1) Except as provided in subsection (2) of this section, commodities in liquid form shall be sold only by liquid measure or by weight, and, except as otherwise provided in this chapter, commodities not in liquid form shall be sold only by weight, by measure of length or area, or by count. (2) Liquid commodities may be sold by weight and commodities not in liquid form may be sold by count only if such methods provide accurate information as to the quantity of commodity sold. (3) The provisions of this section shall not apply to: (a) Commodities that are sold for immediate consumption on the premises where sold; (b) Vegetables when sold by the head or bunch; (c) Commodities in containers standardized by a law of this state or by federal law; (d) Commodities in package form when there exists a general consumer usage to express the quantity in some other manner; (e) Concrete aggregates, concrete mixtures, and loose solid materials such as earth, soil, gravel, crushed stone, and the like, when sold by cubic measure; or (f) Unprocessed vegetable and animal fertilizer when sold by cubic measure. (4) The director may issue such reasonable rules as are necessary to assure that amounts of commodity sold are determined in accordance with good commercial practice and are so determined and represented to be accurate and informative to all interested parties. [1992 c 237 § 24; 1991 sp.s. c 23 § 15; 1969 c 67 § 34.] 19.94.340 Legislative findings—Intent—1991 sp.s. c 23: See notes following RCW 19.94.150. 19.94.350 Packaged commodities in intrastate commerce—Declaration of contents on outside—Rules. (1) Except as otherwise provided in this chapter, any commodity in package form introduced or delivered for introduction into or received in intrastate commerce, kept for the purpose of sale, offered or exposed for sale or sold in intrastate commerce, shall bear on the outside of the package such definite, plain, and conspicuous declaration of: (a) The identity of the commodity contained within the package unless the same can easily be identified through the package; (b) The net quantity of the contents in terms of weight, measure or count; and (c) In the case of any package not sold on the premises where packed, the name and place of business of the manufacturer, packer, or distributor, as may be prescribed by rule issued by the director. (2) In connection with the declaration required under subsection (1)(b) of this section, neither the qualifying term "when packed" or any words of similar import, nor any term qualifying a unit of weight, measure, or count (for example, "jumbo", "giant", "full", "or over", and the like) that tends to exaggerate the amount of commodity in a package, shall be used. (3) With respect to the declaration required under subsection (1)(b) of this section the director shall by rule establish: (a) Reasonable variations to be allowed, (b) exemptions 19.94.350 (2008 Ed.) Weights and Measures as to small packages, and (c) exemptions as to commodities put up in variable weights or sizes for sale to the consumer intact and either customarily not sold as individual units or customarily weighed or measured at time of sale to the consumer. [1992 c 237 § 25; 1991 sp.s. c 23 § 16; 1969 c 67 § 35.] Legislative findings—Intent—1991 sp.s. c 23: See notes following RCW 19.94.150. 19.94.360 Declaration of price on outside of package. In addition to the declarations required by RCW 19.94.350, any commodity in package form, the package being one of a lot containing random weights, measures or counts of the same commodity at the time it is exposed for sale at retail, shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight, measure, or count and the total selling price of the package. [1995 c 355 § 18; 1969 c 67 § 36.] 19.94.360 Application—Effective dates—1995 c 355: See notes following RCW 19.94.015. 19.94.370 Misleading wrappers, containers of packaged commodities—Standards of fill required. No commodity in package form shall be so wrapped, nor shall it be in a container so made, formed or filled as to mislead the purchaser as to the quantity of the contents of the package, and the contents of a container shall not fall below such reasonable standards of fill as may have been prescribed by the director for the commodity in question. [1992 c 237 § 26; 1969 c 67 § 37.] 19.94.370 19.94.440 shall also be adopted under this chapter. If the department determines that the procedure should be so revised, it may adopt the revisions. Violations of this section regarding the use of devices such as electronic scanners may be found only as provided by the examination procedures adopted by or under this subsection. (3) Electronic scanner screens installed after January 1, 1996, and used in retail establishments must be visible to the consumer at the checkout line. [2000 c 171 § 64; 1995 c 355 § 20; 1969 c 67 § 39.] Application—Effective dates—1995 c 355: See notes following RCW 19.94.015. 19.94.400 Meat, fish, poultry to be sold by weight— Exceptions. Except for immediate consumption on the premises where sold or as one of several elements comprising a meal sold as a unit, for consumption elsewhere than on the premises where sold, all meat, meat products, fish and poultry offered or exposed for sale or sold as food, unless otherwise provided for by the laws of the state of Washington, shall be offered or exposed for sale and sold by weight. [1969 c 67 § 40.] 19.94.400 19.94.410 Butter, margarine to be sold by weight. Butter, oleomargarine and margarine shall be offered and exposed for sale and sold by weight. [1995 c 355 § 19; 1988 c 63 § 1; 1969 c 67 § 41.] 19.94.410 Application—Effective dates—1995 c 355: See notes following RCW 19.94.015. 19.94.420 Fluid dairy products to be packaged for retail sale in certain units. All fluid dairy products, including but not limited to whole milk, skimmed milk, cultured milk, sweet cream, sour cream and buttermilk and all fluid imitation and fluid substitute dairy products shall be packaged for retail sale only in units as provided by the director of the department of agriculture by rule pursuant to the provisions of chapter 34.05 RCW. [1991 sp.s. c 23 § 17; 1975 1st ex.s. c 51 § 1; 1969 c 67 § 42.] 19.94.420 19.94.390 Price not to be misleading, deceiving, misrepresented—Fractions—Examination procedure standard—Department may revise—Electronic scanner screen visibility. (1) Whenever any commodity or service is sold, or is offered, exposed, or advertised for sale, by weight, measure, or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or deceive an actual or prospective purchaser. Whenever an advertised, posted or labeled price per unit of weight, measure, or count includes a fraction of a cent, all elements of the fraction shall be prominently displayed and the numeral or numerals expressing the fraction shall be immediately adjacent to, of the same general design and style as, and at least one-half the height and one-half the width of the numerals representing the whole cents. (2) The examination procedure recommended for price verification by the price verification working group of the laws and regulations committee of the national conference on weights and measures (as reflected in the fourth draft, dated November 1, 1994) for devices such as electronic scanners shall govern such examinations conducted under this chapter. The procedure shall be deemed to be adopted under this chapter. However, the department may revise the procedure as follows: The department shall provide notice of and conduct a public hearing pursuant to chapter 34.05 RCW to determine whether any revisions to this procedure made by the national institute of standards and technology or its successor organization for incorporating the examination procedure into an official handbook of the institute or its successor, or any subsequent revisions of the handbook regarding such procedures 19.94.390 (2008 Ed.) Legislative findings—Intent—1991 sp.s. c 23: See notes following RCW 19.94.150. 19.94.430 Packaged flour to be kept, sold, etc., in certain units. When in package form and when packed, kept, offered, exposed for sale or sold, flour such as, but not limited to, wheat flour, whole wheat flour, graham flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, corn meal and hominy grits shall be packaged only in units of five, ten, twenty-five, fifty and one hundred pounds avoirdupois weight: PROVIDED, That packages in units of less than five pounds or more than one hundred pounds shall be permitted. [1969 c 67 § 43.] 19.94.430 19.94.440 Commodities sold in bulk—Delivery tickets. (1) When a vehicle delivers to an individual purchaser a commodity in bulk, and the commodity is sold in terms of weight units, the delivery must be accompanied by a duplicate delivery ticket with the following information clearly stated, in ink or other indelible marking equipment and, in clarity, equal to type or printing: 19.94.440 [Title 19 RCW—page 139] 19.94.450 Title 19 RCW: Business Regulations—Miscellaneous (a) The name and address of the vendor; (b) The name and address of the purchaser; and (c) The weight of the delivery expressed in pounds, and, if the weight is derived from determinations of gross and tare weights, such gross and tare weights also must be stated in terms of pounds. (2) One of the delivery tickets shall be retained by the vendor, and the other shall be delivered to the purchaser at the time of delivery of the commodity, or shall be surrendered on demand to the director or the city sealer who, if he or she elects to retain it as evidence, shall issue a weight slip in lieu thereof for delivery to the purchaser. (3) If the purchaser himself or herself carries away the purchase, the vendor shall be required only to give the purchaser at the time of sale a delivery ticket stating the number of pounds of commodity delivered. [1992 c 237 § 27; 1991 sp.s. c 23 § 18; 1969 c 67 § 44.] Legislative findings—Intent—1991 sp.s. c 23: See notes following RCW 19.94.150. 19.94.450 Solid fuels to be sold by weight, cubic measure—Delivery tickets. (1) Except as provided in subsection (2) of this section, all solid fuels such as, but not limited to, coal, coke, charcoal, broiler chips, pressed fuels and briquets shall be sold by weight. (2) All solid fuels such as hogged fuel, sawdust and similar industrial fuels may be sold or purchased by cubic measure. (3) Unless a fuel is delivered to the purchaser in package form, each delivery of such fuel to an individual purchaser must be accompanied by a duplicate delivery ticket with the following information clearly stated, in ink or other indelible marking equipment and, in clarity equal to type or printing: (a) The name and address of the vendor; (b) The name and address of the purchaser; and (c) The weight of the delivery and the gross and tare weights from which the weight is computed, each expressed in pounds. (4) One of the delivery tickets shall be retained by the vendor and the other shall be delivered to the purchaser at the time of delivery of the fuel, or shall be surrendered, on demand, to the director or the city sealer who, if he or she elects to retain it as evidence, shall issue a weight slip in lieu thereof for delivery to the purchaser. (5) If the purchaser himself or herself carries away the purchase, the vendor shall be required only to give to the purchaser at the time of sale a delivery ticket stating the number of pounds of fuel delivered. [1992 c 237 § 28; 1991 sp.s. c 23 § 19; 1969 c 67 § 45.] 19.94.450 ink or other indelible substance, there shall be clearly and legibly stated: (a) The name and address of the vendor; (b) The name and address of the purchaser; (c) The identity of the type of fuel comprising the delivery; (d) The unit price (that is, price per gallon or per pound, as the case may be), of the fuel delivered; (e) In the case of sale by liquid measure, the liquid volume of the delivery together with any meter readings from which such liquid volume has been computed, expressed in terms of the gallon and its binary or decimal subdivisions; and (f) In the case of sale by weight, the net weight of the delivery, together with any weighing scale readings from which such net weight has been computed, expressed in terms of tons or pounds avoirdupois. (3) The delivery ticket required under this section must be delivered at the time of delivery unless an agreement, written or otherwise, between the vendor and the purchaser has been reached regarding the delivery of such delivery ticket. [1992 c 237 § 29; 1969 c 67 § 46.] 19.94.470 Berries and small fruit. Berries and small fruit shall be offered and exposed for sale and sold by weight, or by measure in open containers having capacities of onehalf dry pint, one dry pint or one dry quart: PROVIDED, That the marking provisions of RCW 19.94.340 shall not apply to such dry volume containers. [1969 c 67 § 47.] 19.94.470 19.94.480 Fractional units as fractional value. Fractional parts of any unit of weight or measure shall mean like fractional parts of the value of such unit as prescribed in RCW 19.94.150. [1992 c 237 § 30; 1969 c 67 § 48.] 19.94.480 19.94.485 Contracts—Construction. All contracts concerning the sale of commodities and services by weight, measure, or count, will be construed in accordance with the weights and measures adopted under this chapter. [1992 c 237 § 31.] 19.94.485 19.94.490 Obstruction of director or sealer in performance of duties—Penalty. Any person who shall hinder or obstruct in any way the director or a city sealer in the performance of his or her official duties under this chapter is subject to a civil penalty of no more than five hundred dollars. [1992 c 237 § 32; 1969 c 67 § 49.] 19.94.490 19.94.500 Impersonation of director or sealer—Penalty. Any person who shall impersonate in any way the director or a city sealer, by using an official seal of approval without specific authorization to do so or by using a counterfeit seal of approval, or in any other manner, is subject to a civil penalty of no more than one thousand dollars. [1992 c 237 § 33; 1969 c 67 § 50.] 19.94.500 Legislative findings—Intent—1991 sp.s. c 23: See notes following RCW 19.94.150. 19.94.460 Heating oils—Delivery tickets—Statements. (1) All stove and furnace oil shall be sold by liquid measure or by weight in accordance with the provisions of RCW 19.94.340. (2) Unless such fuel is delivered to the purchaser in package form, each delivery of such fuel in an amount greater than ten gallons in the case of sale by liquid measure or one hundred pounds in the case of sale by weight must be accompanied by a delivery ticket or a written statement on which, in 19.94.460 [Title 19 RCW—page 140] 19.94.505 Gasoline containing alcohol—Dispensing device label required—Carbon monoxide nonattainment area—Penalty. (1) It is unlawful for any dealer, as defined in *RCW 82.36.010, to sell ethanol and/or methanol at one 19.94.505 (2008 Ed.) Weights and Measures percent, by volume, or greater in gasoline for use as motor vehicle fuel unless the dispensing device has a label stating the type and maximum percentage of alcohol contained in the motor vehicle fuel. (2) In any county, city, or other political subdivision designated as a carbon monoxide nonattainment area pursuant to the provisions of subchapter I of the clean air act amendments of 1990, P.L. 101-549, and in which the sale of oxygenated petroleum products is required by section 211(m) of the clean air act amendments of 1990, 42 U.S.C. 7545(m), any dealer, as defined in *RCW 82.36.010, who sells or dispenses a petroleum product that contains at least one percent, by volume, ethanol, methanol, or other oxygenate, shall post only such label or notice as may be required pursuant to 42 U.S.C. 7545(m)(4) or any amendments thereto or any successor provision thereof. This provision shall be applicable only during such portion of the year as oxygenated petroleum product sales are required pursuant to 42 U.S.C. 7545(m). (3) Any person who violates this section is subject to a civil penalty of no more than five hundred dollars. [2000 c 171 § 65; 1992 c 237 § 34; 1984 c 61 § 1.] *Reviser’s note: RCW 82.36.010 was amended by 2007 c 515 § 1, deleting the definition of "dealer." 19.94.507 Gasoline delivered to service stations— Invoice required. Persons delivering gasoline to retail service stations shall supply the station with an invoice which shall include the following information: (1) The gross volume of gasoline and the net volume of gasoline at sixty degrees Fahrenheit; (2) the time and temperature of the gasoline as loaded onto the delivery truck; and (3) the time of delivery to the retail service station. [1987 c 42 § 2.] 19.94.507 Intent—1987 c 42: "The legislature finds: That leaking underground storage tanks containing petroleum products may pose a significant and widespread problem to human health and the environment, that current inventory procedures are inadequately suited to identify leaking underground storage tanks, and that new measures are needed to properly determine which tanks may be leaking." [1987 c 42 § 1.] 19.94.510 Unlawful practices—Penalty. (1) Any person who, by himself or herself, by his or her agent or employee, or as the agent or employee of another person, performs any one of the acts enumerated in (a) through (l) of this subsection is subject to a civil penalty of no more than one thousand dollars: (a) Use or have in possession for the purpose of using for any commercial purpose a weighing or measuring instrument or device that is intentionally calculated to falsify any weight, measure, or count of any commodity, or to sell, offer, expose for sale or hire or have in possession for the purpose of selling or hiring an incorrect weighing or measuring instrument or device or any weighing or measuring instrument or device calculated to falsify any weight or measure. (b) Knowingly use or have in possession for current use in the buying or selling of any commodity or thing, for hire or award, or in the computation of any basic charge or payment for services rendered on the basis of weight, measurement, or count, or in the determination of weight, measurement or count, when a charge is made for such determination, any incorrect weighing or measuring instrument or device. (c) Dispose of any rejected weighing or measuring instrument or device in a manner contrary to law or rule. 19.94.510 (2008 Ed.) 19.94.515 (d) Remove from any weighing or measuring instrument or device, contrary to law or rule, any tag, seal, stamp or mark placed thereon by the director or a city sealer. (e) Sell, offer or expose for sale less than the quantity he or she represents of any commodity, thing or service. (f) Take more than the quantity he or she represents of any commodity, thing, or service when, as buyer, he or she furnishes the weight, measure, or count by means of which the amount of the commodity, thing or service is determined. (g) Keep for the purpose of sale, advertise, offer or expose for sale or sell any commodity, thing or service known to be in a condition or manner contrary to law or rule. (h) Use in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a weighing or measuring instrument or device that is not so positioned that its indications may be accurately read and the weighing or measuring operation observable from some position which may reasonably be assumed by a customer. (i) Knowingly approve or issue an official seal of approval for any weighing or measuring instrument or device known to be incorrect. (j) Find a weighing or measuring instrument or device to be correct under RCW 19.94.255 when the person knows the instrument or device is incorrect. (k) Fails to disclose to the department or a city sealer any knowledge of information relating to, or observation of, any device or instrument added to or modifying any weighing or measuring instrument or device for the purpose of selling, offering, or exposing for sale, less than the quantity represented of a commodity or calculated to falsify weight or measure, if the person is a service agent. (l) Violate any other provision of this chapter or of the rules adopted under the provisions of this chapter for which a specific penalty has not been prescribed. (2) Any person who, by himself or herself, by his or her agent or employee, or as the agent or employee of another person, violates RCW 19.94.390 as determined by the examination procedure adopted by or under RCW 19.94.390(2) is subject to a civil penalty of not more than one thousand dollars. (3) Any person who, by himself or herself, by his or her agent or employee, or as the agent or employee of another person, performs any of the following acts is subject to a civil penalty of no more than five thousand dollars: (a) Knowingly adds to or modifies any weighing or measuring instrument or device by the addition of a device or instrument that would allow the sale, or the offering or exposure for sale, of less than the quantity represented of a commodity or falsification of weight or measure. (b) Commits as a fourth or subsequent infraction any of the acts listed in subsection (1) or (2) of this section. [1995 c 355 § 21; 1992 c 237 § 35; 1969 c 67 § 51.] Application—Effective dates—1995 c 355: See notes following RCW 19.94.015. 19.94.515 Unlawful commercial use of instrument or device—Penalty. A person who owns a weighing or measuring instrument or device and uses or permits the use of the instrument for commercial purposes in violation of RCW 19.94.015 is subject to a civil penalty of fifty dollars for each 19.94.515 [Title 19 RCW—page 141] 19.94.517 Title 19 RCW: Business Regulations—Miscellaneous such instrument or device used or permitted to be used in violation of RCW 19.94.015. [1995 c 355 § 22.] Application—Effective dates—1995 c 355: See notes following RCW 19.94.015. 19.94.517 Incorrect commercial instrument or device to benefit of owner/operator—Penalties—Appeal. (1) Whenever the department or a city sealer tests or inspects a weighing or measuring instrument or device and finds the instrument or device to be incorrect to the economic benefit of the owner/operator of the weighing or measuring instrument or device and to the economic detriment of the customer, the owner of the weighing or measuring instrument or device may be subject to the following civil penalties: 19.94.517 Device deviations outside the tolerances stated in Handbook 44. Penalty Small weighing or measuring instruments or devices: First violation . . . . . . . . . . . . . . . . . . . $ 50.00 Second or subsequent violation within one year of first violation . . . . . . . . . . $ 150.00 Medium weighing or measuring instruments or devices: First violation . . . . . . . . . . . . . . . . . . . $ 100.00 Second or subsequent violation within one year of first violation . . . . . . . . . . $ 300.00 Large weighing or measuring instruments or devices: First violation . . . . . . . . . . . . . . . . . . . $ 200.00 Second or subsequent violation within one year of first violation . . . . . . . . . . $ 500.00 (2) For the purposes of this section: (a) The following are small weighing or measuring instruments or devices: Scales of zero to four hundred pounds capacity, liquid fuel metering devices with flows of not more than twenty gallons per minute, liquid petroleum gas meters with one inch in diameter or smaller dispensers, fabric meters, cordage meters, and taxi meters. (b) The following are medium weighing or measuring instruments or devices: Scales of four hundred one to five thousand pounds capacity, liquid fuel metering devices with flows of more than twenty but not more than one hundred fifty gallons per minute, and mass flow meters. (c) The following are large weighing or measuring instruments or devices: Liquid petroleum gas meters with greater than one inch diameter dispensers, liquid fuel metering devices with flows over one hundred fifty gallons per minute, and scales of more than five thousand pounds capacity and scales of more than five thousand pounds capacity with supplemental devices. (3) The director or a city sealer shall issue the appropriate civil penalty concurrently with the conclusion of the test or inspection. (4) The weighing or measuring instrument or device owner shall have the right to appeal the civil penalty in accordance with the administrative procedure act, chapter 34.05 RCW. [1995 c 355 § 23.] Application—Effective dates—1995 c 355: See notes following RCW 19.94.015. 19.94.520 Injunction against violations. The director is authorized to apply to any court of competent jurisdiction 19.94.520 [Title 19 RCW—page 142] for, and such court upon hearing and for cause shown may grant, a temporary or permanent injunction restraining any person from violating any provision of this chapter. [1969 c 67 § 52.] 19.94.530 Proof of existence of weighing or measuring instrument or device presumed proof of regular use. For the purposes of this chapter, proof of the existence of a weighing or measuring instrument or device in or about any building, enclosure, stand, or vehicle in which or from which it is shown that buying or selling is commonly carried on, shall, in the absence of conclusive evidence to the contrary, be presumptive proof of the regular use of such weighing or measuring instrument or device for commercial purposes and of such use by the person in charge of such building, enclosure, stand or vehicle. [1992 c 237 § 36; 1969 c 67 § 53.] 19.94.530 19.94.540 Antifreeze products—Use of aversive agent. (1) Any engine coolant or antifreeze manufactured or distributed in the state of Washington after January 1, 2010, that contains more than ten percent ethylene glycol shall contain denatonium benzoate at a minimum of thirty parts per million and a maximum of fifty parts per million as an aversive agent so as to render the product unpalatable. (2) The requirements of this section apply to manufacturers, packagers, distributors, recyclers, or sellers of engine coolant or antifreeze, but not to those who install engine coolant or antifreeze for compensation. (3) A manufacturer of a product subject to this section and RCW 19.94.542 and 19.94.544 shall maintain a record of the trade name, scientific name, and active ingredients of any aversive used under this section. The manufacturer shall make this information available to the public upon request. [2008 c 68 § 1.] 19.94.540 19.94.542 Antifreeze products—Aversive agents— Limitation of liability. (1) A manufacturer, packager, distributor, recycler, or seller of an engine coolant or antifreeze that is required to contain an aversive agent as required by RCW 19.94.540 shall not be liable for any personal injury, death, property damage, damage to the environment or a natural resource, or economic loss that results from the inclusion of denatonium benzoate in engine coolant or antifreeze. (2) The limitation of liability provided in subsection (1) of this section does not apply to a particular liability that is not caused or is unrelated to the inclusion of denatonium benzoate in engine coolant or antifreeze. [2008 c 68 § 2.] 19.94.542 19.94.544 Antifreeze products—Aversive agents— Application. The requirements of this section and RCW 19.94.540 and 19.94.542 shall not apply to the sale of a motor vehicle that contains engine coolant or antifreeze or to wholesale containers of fifty-five gallons or more of engine coolant or antifreeze. [2008 c 68 § 3.] 19.94.544 19.94.900 Chapter cumulative and nonexclusive. The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy available at law. [1969 c 67 § 54.] 19.94.900 (2008 Ed.) Farm Implements, Machinery, Parts 19.94.910 Severability—1969 c 67. If any section or provision of this act shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the act as a whole, or any section, provision or part thereof not adjudged invalid or unconstitutional. [1969 c 67 § 55.] 19.94.910 19.94.920 Effective date—1992 c 237. This act shall take effect July 1, 1992. [1992 c 237 § 41.] 19.94.920 Chapter 19.98 RCW FARM IMPLEMENTS, MACHINERY, PARTS Chapter 19.98 Sections 19.98.008 19.98.010 19.98.020 19.98.030 19.98.040 19.98.100 19.98.120 19.98.130 19.98.140 19.98.150 19.98.160 19.98.170 19.98.180 19.98.190 19.98.200 19.98.210 19.98.900 19.98.910 19.98.911 19.98.912 Definitions. Cancellation of contract—Parties’ duties. Repurchase payments—Liens and claims. Prices—How determined. Failure or refusal to make payments—Civil action. Findings. Violations. Termination, cancellation, or nonrenewal of dealer agreement—Notice. Actions against suppliers—Remedies. Successors in interest. Establishment of new dealership—Supplier’s duties. Warranty claims. Audit of warranty claims. Civil action—Award. Supplier-required work. Arbitration—Dealer’s cause of action against supplier—Remedies not exclusive. Effective date—1975 1st ex.s. c 277. Severability—1975 1st ex.s. c 277. Severability—1990 c 124. Effective date—Application—1990 c 124. 19.98.008 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Audit" means a review by a supplier of a dealer’s warranty claims records. (2) "Change in competitive circumstances" means to materially impact a specific dealer’s ability to compete with similarly situated dealers selling the same brand of equipment. (3) "Current net price" means the price charged to a dealer for repair parts as listed in the printed price list, catalog, or electronic catalog of the supplier in effect at the time a warranty claim is made and superseded parts listed in current price lists, catalogs, or electronic catalogs when parts had previously been purchased from the supplier and held by the dealer on the date of the cancellation or discontinuance of a dealer agreement or thereafter received by the dealer from the supplier. (4) "Dealer" means a person primarily engaged in the retail sale and service of farm equipment, including a person engaged in the retail sale of outdoor power equipment who is primarily engaged in the retail sale and service of farm equipment. Dealer does not include a person primarily engaged in the retail sale of outdoor power equipment or a supplier. (5) "Dealer agreement" means an oral or written contract or agreement for a definite or indefinite period of time in which a supplier of equipment grants to a dealer permission to use a trade name, service mark, or related characteristic, and where there is a community of interest in the marketing 19.98.008 (2008 Ed.) 19.98.008 of equipment or services related to the equipment at wholesale, retail, leasing, or otherwise. (6) "Dealership" means the retail sale business engaged in by a dealer under a dealer agreement. (7) "Distributor" means a person who sells or distributes new equipment to dealers or who maintains distributor representatives within the state. (8) "Distributor branch" means a branch office, maintained by a distributor, that sells or distributes new equipment to dealers. "Distributor branch" includes representatives of the branch office. (9)(a) "Equipment" includes: (i) Farm equipment. Farm equipment includes but is not limited to tractors, trailers, combines, tillage implements, balers, and other equipment, including attachments and accessories that are used in the planting, cultivating, irrigation, harvesting, and marketing of agricultural, horticultural, or livestock products. (ii) Outdoor power equipment. Outdoor power equipment includes self-propelled equipment that is used to maintain commercial, public, or residential lawns and gardens or used in landscape, turf, or golf course maintenance. (b) "Equipment" does not include motor vehicles designed or intended for use upon public roadways as defined in RCW 46.70.011 or motorcycles as defined in *RCW 46.94.010. (10) "Factory branch" means a branch office maintained by a manufacturer that makes or assembles equipment for sale to distributors or dealers or that is maintained for directing and supervising the representatives of the manufacturer. (11) "Factory representative" means a person employed by a manufacturer or by a factory branch for the purpose of selling or promoting the sale of equipment or for supervising, servicing, instructing, or contracting with dealers or prospective dealers. (12) "Free on board" or "F.O.B." has the same meaning as described in RCW 62A.2-319. (13) "Geographic market area" means the geographic region for which a particular dealer is responsible for the marketing, selling, leasing, or servicing of equipment pursuant to a dealer agreement. (14) "Good cause" means failure by a dealer to comply with requirements imposed upon the dealer by the dealer agreement, provided such requirements are not different from those requirements imposed on other similarly situated dealer[s] in the state either by their terms or in the manner of their enforcement. (15) "Manufacturer" means a person engaged in the business of manufacturing or assembling new and unused equipment. (16) "Person" includes a natural person, corporation, partnership, trust, or other entity, including any other entity in which it has a majority interest or of which it has control, as well as the individual officers, directors, or other persons in active control of the activities of each entity. (17) "Similarly situated dealer" means a dealer of comparable geographic location, volume, and market type. (18) "Supplier" means a person or other entity engaged in the manufacturing, assembly, or wholesale distribution of equipment or repair parts of the equipment. "Supplier" includes any successor in interest, including a purchaser of [Title 19 RCW—page 143] 19.98.010 Title 19 RCW: Business Regulations—Miscellaneous assets, stock, or a surviving corporation resulting from a merger, liquidation, or reorganization of the original supplier, or any receiver or any trustee of the original supplier. (19) "Warranty claim" means a claim for payment submitted by a dealer to a supplier for either service, or parts, or both, provided to a customer under a warranty issued by the supplier. (20) "Wholesaler" means a person who sells or attempts to sell new equipment exclusively to dealers or to other wholesalers. [2002 c 236 § 1.] *Reviser’s note: RCW 46.94.010 was repealed by 2003 c 354 § 24. 19.98.010 19.98.010 Cancellation of contract—Parties’ duties. Whenever any person, firm, or corporation engaged in the sale of equipment, repair parts, or services therefor enters into a written or oral contract with a supplier of equipment, or repair parts whereby the dealer agrees to maintain a stock of parts and equipment and either party to such contract desires to cancel or discontinue the contract, unless the dealer should desire to keep such parts and equipment the supplier shall pay the dealer for the equipment and reasonable reimbursement for services performed in connection with assembly and predelivery inspections of the equipment. The payment shall be in the amount of one hundred percent of the net cost of all unused complete equipment, including transportation charges paid by the dealer. Equipment purchased more than twenty-four months prior to the cancellation or discontinuance of the dealer agreement is subject to a weather allowance adjustment. The supplier assumes ownership of new unused complete equipment F.O.B. the dealer location. The supplier shall pay the dealer in the amount of ninety-five percent of the current net prices on repair parts, including superseded parts listed in current price lists, catalogs, or electronic catalogs which parts had previously been purchased from the supplier and held by the dealer on the date of the cancellation or discontinuance of such contract or thereafter received by the dealer from the supplier. The supplier shall also pay the dealer a sum equal to five percent of the current net price of all parts returned for the handling, packing, and loading of such parts for return, unless the supplier elects to catalog or list the inventory and perform packing and loading of the parts itself. However, the provisions of this section shall apply only to repair parts which are new, unused, and in resalable condition. The provisions of this section do not apply to repair parts that were purchased by the dealer in sets of multiple parts unless the sets are complete and in resalable condition, or to parts the supplier can demonstrate were identified as nonreturnable when ordered by the dealer. Upon the payment of such amounts, the title to the equipment or repair parts shall pass to the supplier making such payment, and the supplier shall be entitled to the possession of such equipment and repair parts. All payments or allowances of credit due dealers under this section shall be paid or credited by the supplier within ninety days after the return of the repair parts or the transfer of equipment. After the ninety days, all sums of credits due include interest at the rate of eighteen percent per year. Title to equipment, attachments, and accessories is transferred to the supplier F.O.B. the dealer location. [Title 19 RCW—page 144] The provisions of this section shall apply to any part return adjustment agreement made between a dealer and a supplier. A supplier must repurchase specific data processing and computer communications hardware specifically required by the supplier to meet the supplier’s minimum requirements and purchased by the dealer in the prior five years and held by the dealer on the date of termination. The supplier must also purchase software required by and sourced from the supplier, provided that the software is used exclusively to support the dealer’s business with the supplier. The purchase price is the original net cost to the dealer, less twenty percent per year. A supplier must repurchase, and the dealer must sell to the supplier, specialized repair tools. As applied in this section, specialized repair tools are defined as those tools required by the supplier and unique to the diagnosis or repair of the supplier’s products. For specialized repair tools that are in new, unused condition and are applicable to the supplier’s current products, the purchase price is one hundred percent of the original net cost to the dealer. For all other specialized repair tools, the purchase price is the original net cost to the dealer less twenty percent per year. A supplier must repurchase, and the dealer must sell to the supplier, current signage. As used in this section, "current signage" means the principal outdoor signage required by the supplier that displays the supplier’s current logo or similar exclusive identifier, and that identifies the dealer as representing either the supplier or the supplier’s products, or both. The purchase price is the original net cost to the dealer less twenty percent per year, but may in no case be less than fifty percent of the original net cost to the dealer. The provisions of this section shall be supplemental to any agreement between the dealer and the supplier covering the return of equipment and repair parts so that the dealer can elect to pursue either his or her contract remedy or the remedy provided herein, and an election by the dealer to pursue his or her contract remedy shall not bar his or her right to the remedy provided herein as to equipment and repair parts not affected by the contract remedy. The provisions of this section shall apply to all contracts now in effect which have no expiration date and are a continuing contract, and all other contracts entered into or renewed after January 1, 1976. Any contract in force and effect on January 1, 1976, which by its own terms will terminate on a date subsequent thereto shall be governed by the law as it existed prior to this chapter: PROVIDED, That no contract covered by this chapter may be canceled by any party without good cause. For the purposes of this section, good cause shall include, but shall not be restricted to, the failure of any party to comply with the lawful provisions of the contract, the adjudication of any party to a contract as a bankrupt, wrongful refusal of the supplier to supply equipment and repair parts therefor. [2002 c 236 § 2; 1975 1st ex.s. c 277 § 1.] 19.98.020 Repurchase payments—Liens and claims. All repurchase payments to dealers made pursuant to RCW 19.98.010 shall be less amounts owed on any lien or claim then outstanding upon such items covered by this section. Any supplier making repurchase payments covered by this chapter to any dealer shall satisfy such secured liens or claims 19.98.020 (2008 Ed.) Farm Implements, Machinery, Parts pursuant to Article 62A.9A RCW less any interest owed to the lienholder arising from the financing of such items which shall be paid to any such secured lienholder by the dealer. In no case shall the supplier, in making payments covered by RCW 19.98.010, pay in excess of those amounts prescribed therein. [2002 c 236 § 3; 2000 c 171 § 66; 1975 1st ex.s. c 277 § 2.] 19.98.030 Prices—How determined. The prices of equipment and repair parts therefor, required to be paid to any dealer as provided in RCW 19.98.010 shall be determined by taking one hundred percent of the net cost of the invoiced price of equipment and ninety-five percent of the current net price of repair parts therefor as shown upon the supplier’s price lists, catalogues, or electronic catalogs in effect at the time such contract is canceled or discontinued. The supplier assumes transfer of ownership of equipment F.O.B. dealer location. [2002 c 236 § 4; 1975 1st ex.s. c 277 § 3.] 19.98.030 19.98.040 Failure or refusal to make payments— Civil action. In the event that any supplier of equipment and repair parts, upon cancellation or discontinuation of a contract by either a dealer or supplier, fails or refuses to make payment to such dealer as is required by RCW 19.98.010, the supplier is liable in a civil action to be brought by the dealer for such payments as are required by RCW 19.98.010. [2002 c 236 § 5; 1975 1st ex.s. c 277 § 4.] 19.98.040 19.98.100 Findings. The legislature of this state finds that the retail distribution and sales of equipment, utilizing independent dealers operating under agreements with suppliers, vitally affects the general economy of the state, public interests, and public welfare and that it is necessary to regulate the business relations between the dealers and the suppliers. [2002 c 236 § 6; 1990 c 124 § 1.] 19.98.100 19.98.120 Violations. It shall be a violation of this chapter for a supplier to: (1) Require or attempt to require any dealer to order or accept delivery of any equipment or parts that the dealer has not voluntarily ordered; (2) Require or attempt to require any dealer to enter into any agreement, whether written or oral, supplementary to an existing dealer agreement with the supplier, unless such supplementary agreement is imposed on other similarly situated dealers in the state; (3) Refuse to deliver in reasonable quantities and within a reasonable time after receipt of the dealer’s order, to any dealer having a dealer agreement for the retail sale of new equipment sold or distributed by the supplier, equipment covered by the dealer agreement specifically advertised or represented by the supplier to be available for immediate delivery. However, the failure to deliver any such equipment shall not be considered a violation of this chapter when deliveries are based on prior ordering histories, the priority given to the sequence in which the orders are received, or manufacturing schedules or if the failure is due to prudent and reasonable restriction on extension of credit by the supplier to the dealer, an act of God, work stoppage or delay due to a strike or labor 19.98.120 (2008 Ed.) 19.98.120 difficulty, a bona fide shortage of materials, freight embargo, or other cause over which the supplier has no control; (4) Terminate, cancel, or fail to renew the dealer agreement of any dealer or substantially change the dealer’s competitive circumstances, attempt to terminate or cancel, or threaten to not renew the dealer agreement or to substantially change the competitive circumstances without good cause; (5) Condition the renewal, continuation, or extension of a dealer agreement on the dealer’s substantial renovation of the dealer’s place of business or on the construction, purchase, acquisition, or rental of a new place of business by the dealer unless: The supplier has advised the dealer in writing of its demand for such renovation, construction, purchase, acquisition, or rental within a reasonable time prior to the effective date of the proposed date of renewal or extensions, but in no case less than one year; the supplier demonstrates the need for such change in the place of business and the reasonableness of the demand with respect to marketing and servicing the supplier’s product and any economic conditions existing at the time in the dealer’s trade area; and the dealer does not make a good faith effort to complete the construction or renovation plans within one year; (6) Discriminate in the prices charged for equipment of like grade, quality, and brand sold by the supplier to similarly situated dealers in this state. This subsection does not prevent the use of differentials which make only due allowance for differences in the cost of manufacture, sale, or delivery resulting from the differing methods or quantities in which such commodities are sold or delivered: PROVIDED, That nothing shall prevent a supplier from offering a lower price in order to meet an equally low price of a competitor, or the services or facilities furnished by a competitor; (7) Prevent, by contract or otherwise, any equipment dealer from changing the capital structure of the equipment dealership or the means by which the equipment dealership is financed, provided the equipment dealer at all times meets any reasonable capital standards imposed by the supplier or as otherwise agreed to between the equipment dealer and supplier, and provided this change by the equipment dealer does not result in a change of the controlling interest in the executive management or board of directors, or any guarantors of the equipment dealership; (8) Prevent, by contract or otherwise, any equipment dealer or any officer, member, partner, or stockholder of any equipment dealer from selling or transferring any part of the interest of any of them to any other party or parties. However, no equipment dealer, officer, partner, member, or stockholder has the right to sell, transfer, or assign the equipment dealership or power of management or control of the dealership without the written consent of the supplier. Should a supplier determine that the designated transferee is not acceptable, the supplier shall provide the equipment dealer with written notice of the supplier’s objection and specific reasons for withholding its consent; (9) Withhold consent to a transfer of interest in an equipment dealership unless, with due regard to regional market conditions and distribution economies, the dealer’s area of responsibility or trade area does not afford sufficient sales potential to reasonably support a dealer. In any dispute between a supplier and an equipment dealer, the supplier bears the burden of proving that the dealer’s area of responsi[Title 19 RCW—page 145] 19.98.130 Title 19 RCW: Business Regulations—Miscellaneous bility or trade area does not afford sufficient sales potential to reasonably support a dealer. The proof offered must be in writing. The provisions of this subsection do not preclude any other basis for a supplier to withhold consent to a transfer of interest in an equipment dealer; (10) Fail to compensate a dealer for preparation and delivery of equipment that the supplier sells or leases for use within this state and that the dealer prepares for delivery and delivers; (11) Require a dealer to assent to a release, assignment, novation, waiver, or estoppel that would relieve any person from liability imposed by this chapter; or (12)(a) Unreasonably withhold consent, in the event of the death of the dealer or the principal owner of the dealership, to the transfer of the dealer’s interest in the dealership to another qualified individual if the qualified individual meets the reasonable financial, business experience, and character standards required by the supplier. Should a supplier determine that the designated qualified individual does not meet those reasonable written standards, it shall provide the dealership, heirs to the dealership, or the estate of the dealer with written notice of its objection and specific reasons for withholding its consent. A supplier shall have sixty days to consider a dealer’s request to make a transfer. If the qualified individual reasonably satisfies the supplier’s objections within sixty days, the supplier shall approve the transfer. Nothing in this section shall entitle a qualified individual to continue to operate the dealership without the consent of the supplier. (b) If a supplier and dealer have duly executed an agreement concerning succession rights prior to the dealer’s death and the agreement has not been revoked, the agreement shall be observed even if it designates someone other than the surviving spouse or heirs of the decedent as the successor. [2002 c 236 § 7; 1990 c 124 § 3.] 19.98.130 Termination, cancellation, or nonrenewal of dealer agreement—Notice. (1) Except where a grounds for termination or nonrenewal of a dealer agreement or a substantial change in a dealer’s competitive circumstances are contained in subsection (2)(a), (b), (c), (d), (e), or (f) of this section, a supplier shall give a dealer ninety days’ written notice of the supplier’s intent to terminate, cancel, or not renew a dealer agreement or substantially change the dealer’s competitive circumstances. The notice shall state all reasons constituting good cause for termination, cancellation, or nonrenewal and shall provide, except for termination pursuant to subsection (2)(a), (b), (c), (d), or (e) of this section, that the dealer has sixty days in which to cure any claimed deficiency. If the deficiency is rectified within sixty days, the notice shall be void. The contractual terms of the dealer agreement shall not expire or the dealer’s competitive circumstances shall not be substantially changed without the written consent of the dealer prior to the expiration of at least ninety days following such notice. (2) As used in RCW 19.98.100 through 19.98.150 and 19.98.911, a termination by a supplier of a dealer agreement shall be with good cause when the dealer: (a) Has transferred a controlling ownership interest in the dealership without the supplier’s consent; 19.98.130 [Title 19 RCW—page 146] (b) Has made a material misrepresentation to the supplier; (c) Has filed a voluntary petition in bankruptcy or has had an involuntary petition in bankruptcy filed against the dealer which has not been discharged within sixty days after the filing, is in default under the provisions of a security agreement in effect with the supplier, or is insolvent or in receivership; (d) Has been convicted of a crime, punishable for a term of imprisonment for one year or more; (e) Has failed to operate in the normal course of business for ten consecutive business days or has terminated the business; (f) Has relocated the dealer’s place of business without supplier’s consent; (g) Has consistently engaged in business practices that are detrimental to the consumer or supplier by way of excessive pricing, misleading advertising, or failure to provide service and replacement parts or perform warranty obligations; (h) Has inadequately represented the supplier over a measured period causing lack of performance in sales, service, or warranty areas and failed to achieve market penetration at levels consistent with similarly situated dealerships in the state based on available record information; (i) Has consistently failed to meet building and housekeeping requirements or failed to provide adequate sales, service, or parts personnel commensurate with the dealer agreement; (j) Has consistently failed to comply with the applicable licensing laws pertaining to the products and services being represented for and on supplier’s behalf; or (k) Has consistently failed to comply with the terms of the dealer agreement. (3)(a) Notwithstanding the provisions of subsections (1) and (2) of this section, before the termination or nonrenewal of a dealer agreement based upon a supplier’s claim that the dealer has failed to meet reasonable marketing criteria or market penetration, the supplier shall provide written notice of its intention at least one year in advance. (b) Upon the end of the one-year period established in this subsection (3), the supplier may terminate or elect not to renew the dealer agreement only upon written notice specifying the reasons for determining that the dealer failed to meet reasonable marketing criteria or market penetration. The notice must specify that termination or nonrenewal is effective one hundred eighty days from the date of the notice. [2002 c 236 § 8; 1990 c 124 § 4.] 19.98.140 Actions against suppliers—Remedies. Any equipment dealer may bring an action against a supplier in any court of competent jurisdiction for damages sustained by the equipment dealer as a consequence of the supplier’s violation including requiring the supplier to repurchase at fair market value any data processing hardware and specialized repair tools and equipment previously purchased pursuant to requirements of the supplier, compensation for any loss of business, and the actual costs of the action, including reasonable attorneys’ fees. The equipment dealer may also be granted injunctive relief against unlawful termination, cancellation, nonrenewal, or substantial change in competitive circumstances. The remedies set forth in this action shall not 19.98.140 (2008 Ed.) Farm Implements, Machinery, Parts be deemed exclusive and shall be in addition to any other remedies permitted by law. Nothing in this section is intended to prevent any court from awarding to the supplier actual costs of the action, including reasonable attorney’s fees if the action is deemed frivolous. [1990 c 124 § 5.] 19.98.150 Successors in interest. The obligations of any supplier under this chapter are applied to any successor in interest or assignee of the supplier. A successor in interest includes any purchaser of assets or stock, any surviving corporation resulting from merger or liquidation, and any receiver or any trustee of the original supplier. [1990 c 124 § 6.] 19.98.150 19.98.160 Establishment of new dealership—Supplier’s duties. When a supplier enters into an agreement to establish a new dealer or dealership or to relocate a current dealer or dealership for a particular product line or make of equipment, the supplier must give written notice of such an agreement by certified mail to all existing dealers or dealerships whose assigned area of responsibility is contiguous to the new dealer or dealership location. If no area of responsibility has been assigned then the supplier must give written notice of such an agreement by certified mail to the dealers or dealerships within a seventy-five mile radius of the new dealer location. The supplier must provide in its written notice the following information about the proposed new or relocated dealer or dealership: (1) The proposed location; (2) The proposed date for commencement of operation at the new location; and (3) The identities of all existing dealers or dealerships or dealerships whose assigned area of responsibility is contiguous to the new dealer or dealership location. If no area of responsibility has been assigned then the supplier must give written notice of such an agreement by certified mail to the dealers or dealerships located within a seventy-five mile radius of the new dealer location. [2002 c 236 § 9.] 19.98.160 19.98.170 Warranty claims. (1) In the event a warranty claim is submitted by a dealer to a supplier while a dealer agreement is in effect, or after the termination of a dealer agreement, if the claim is for work performed before the effective date of the dealer agreement termination: (a) A supplier shall fulfill any warranty agreement with each of its dealers for labor and parts relative to repairs of equipment covered by the terms of such an agreement. (b) The supplier must approve or disapprove, in writing, any claim submitted by a dealer for warranty compensation for labor or parts within thirty days of receipt of such a claim by the supplier. (c) The supplier must pay to the submitting dealer any approved dealer claim within thirty days following approval of such a claim. (d) If a supplier disapproves a dealer warranty claim, the supplier must state the specific reasons for rejecting the claim in its written notification required by (b) of this subsection. (e) A claim that is disapproved by the supplier based upon the dealer’s failure to properly follow the procedural or technical requirements for submission of warranty claims 19.98.170 (2008 Ed.) 19.98.190 may be resubmitted in proper form by the dealer within thirty days of receipt by the dealer of the supplier’s notification of such a disapproval. (f) A claim that is not specifically disapproved, in writing, by the supplier within thirty days following the supplier’s receipt of such a claim is conclusively deemed to be approved and must be paid to the submitting dealer within thirty days following expiration of the notification period established in (b) of this subsection. (g) A supplier may audit warranty claims submitted by its dealers for a period of up to one year following payment of the claims, and may charge back to its dealers any amounts paid based upon claims shown by audit to be false. The supplier has the right to adjust claims for errors discovered during the audit, and if necessary, to adjust claims paid in error. (2) A supplier must compensate its dealers for warranty claims pursuant to the following schedule: (a) Reasonable compensation must be made by the supplier for costs associated with diagnostic work, repair service, parts, and labor that are related to warranted repairs; (b) Time allowances for diagnosis and performance of warranty work and service must be adequate for the work being performed; (c) The hourly labor rate for which the dealer is compensated may not be less than the rate charged by the dealer for like services provided to nonwarranty customers for nonwarranted service; and (d) Compensation for parts used in the performance of a warranted repair may not be less than the amount paid by the dealer to obtain the parts, plus a reasonable allowance for shipping and handling. (3) Notwithstanding the provisions of subsections (1) and (2) of this section, a supplier may withhold payment of a warranty claim as setoff against reasonable obligations otherwise owed by the dealer to the supplier. (4) Notwithstanding the provisions of subsection (2) of this section, a dealer may accept the supplier’s reimbursement terms and conditions in lieu of the terms and conditions set forth in subsection (2) of this section. [2002 c 236 § 10.] 19.98.180 Audit of warranty claims. A supplier may not audit a dealer’s records with respect to any warranty claim submitted more than one year before the audit, unless a false claim is disclosed. However, the supplier has the right to audit warranty claims submitted more than one year before the audit when the audit discloses a false claim. [2002 c 236 § 11.] 19.98.180 19.98.190 Civil action—Award. (1) In the event that the supplier fails to make payment in accordance with the terms of RCW 19.98.170 or violates any other provisions of RCW 19.98.170 or 19.98.180, a dealer may bring an action in a court of competent jurisdiction to obtain payment of a warranty claim submitted to a supplier. (2) In the event that the court finds that the supplier has failed to make payment in accordance with the terms of RCW 19.98.170 or has violated any other provisions of RCW 19.98.170 or 19.98.180, the court shall award the dealer costs and reasonable attorneys’ fees. [2002 c 236 § 12.] 19.98.190 [Title 19 RCW—page 147] 19.98.200 Title 19 RCW: Business Regulations—Miscellaneous 19.98.200 Supplier-required work. (1) In the event a supplier requires the dealer to work on equipment to enhance the safe operation of the equipment, the supplier must reimburse the dealer for parts, labor, and transportation of equipment or personnel to perform the work on equipment covered by the requirements of the supplier. (2) In the event a supplier requires the dealer to perform product improvement work on equipment, the supplier must reimburse the dealer for parts and labor. (3) For purposes of this section, a supplier must compensate its dealers pursuant to the following schedule: (a) The hourly labor rate for which the dealer is compensated may not be less than the rate charged by the dealer for like services provided; and (b) Compensation for parts used in the performance of safety enhancements or product improvements as requested by the supplier may not be less than the amount paid by the dealer to obtain the parts, plus a reasonable allowance for shipping and handling. (4) Notwithstanding the provisions of subsection (3) of this section, a dealer may accept the supplier’s reimbursement terms and conditions in lieu of the terms and conditions set forth in subsection (3) of this section. [2002 c 236 § 13.] 19.98.200 19.98.210 Arbitration—Dealer’s cause of action against supplier—Remedies not exclusive. (1) Any party to a dealer agreement aggrieved by the conduct of the other party to the agreement with respect to the provisions of this chapter may seek arbitration of the issues involved in the decision of the other party under the provisions of *RCW 7.04.010 through 7.04.210. The arbitration is pursuant to the commercial arbitration rules of the American arbitration association. The findings and conclusions of the arbitrator or panel of arbitrators is binding upon both parties. Upon demand for arbitration by one party, it is presumed for purposes of the provisions of *RCW 7.04.010 through 7.04.210 that the parties have consented to arbitration, and that the costs of witness fees and other fees in the case, together with reasonable attorneys’ fees, must be paid by the losing party. (2) Notwithstanding subsection (1) of this section, any dealer has a cause of action against a supplier for damages sustained by the dealer as a consequence of the supplier’s violation of any provisions of RCW 19.98.120 or 19.98.130, together with the actual costs of such action, including reasonable attorneys’ fees. (3) The dealer may also be granted injunctive relief against unlawful termination, cancellation, nonrenewal, or change in competitive circumstances as determined under subsection (1) of this section or by a court. (4) The remedies set forth in this section may not be considered exclusive and are in addition to any other remedies permitted by law, unless the parties have chosen binding arbitration under subsection (1) of this section. [2002 c 236 § 14.] 19.98.210 *Reviser’s note: RCW 7.04.010 through 7.04.210 were repealed by 2005 c 433 § 50, effective January 1, 2006. 19.98.900 Effective date—1975 1st ex.s. c 277. This act shall take effect on January 1, 1976. [1975 1st ex.s. c 277 § 6.] 19.98.900 [Title 19 RCW—page 148] 19.98.910 Severability—1975 1st ex.s. c 277. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected. [1975 1st ex.s. c 277 § 7.] 19.98.910 19.98.911 Severability—1990 c 124. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1990 c 124 § 7.] 19.98.911 19.98.912 Effective date—Application—1990 c 124. This act shall take effect July 1, 1990, and shall apply to all dealer agreements then in effect that have no expiration date and are a continuing agreement and to all other dealer agreements entered into or renewed on or after July 1, 1990. [1990 c 124 § 9.] 19.98.912 Chapter 19.100 RCW FRANCHISE INVESTMENT PROTECTION Chapter 19.100 Sections 19.100.010 19.100.020 19.100.030 19.100.040 19.100.050 19.100.060 19.100.070 19.100.080 19.100.090 19.100.100 19.100.110 19.100.120 19.100.130 19.100.140 19.100.150 19.100.160 19.100.170 19.100.180 19.100.184 19.100.190 19.100.200 19.100.210 19.100.220 19.100.230 19.100.240 19.100.242 19.100.245 19.100.248 19.100.250 19.100.252 19.100.255 19.100.260 19.100.270 19.100.900 19.100.910 19.100.920 Definitions. Unlawful in certain instances to sell or offer to sell franchise if unregistered or not exempt. Exemptions from registration requirements. Application for registration—Contents—Filing. Escrow or impoundment of franchise fees as registration condition—Rules or orders—Procedure to rescind. Registration statement—Effective, when. Registration—Claim of exemption filing—Duration— Renewal—Supplemental report. Delivery of offering circular and amendments required. Filings, registration, or finding of director—Construction. Advertisements—Copy to be filed. Advertisements—False or misleading—Notice—Procedure. Registration statement—Stop order—Grounds. Registration statement—Stop order—Notice—Hearing— Modification or vacation of order. Registration of franchise brokers required. Records and accounts—Reports. Application of chapter—Jurisdiction—Service of process— Consent. Violations. Relation between franchisor and franchisee—Rights and prohibitions. Terms and conditions from negotiations initiated by franchisee. Unfair or deceptive acts—Suits for damages—Violations of other acts, use in evidence. Pendency of other proceedings tolls limitation of action. Violations—Injunctions—Assurance of discontinuance— Civil and criminal penalties—Chapter nonexclusive. Exceptions or exemptions—Burden of proof—Waivers of compliance void—Settlement release or waiver—Chapter as fundamental policy. Referral of evidence to attorney general or prosecuting attorney. Fees. Investigations by director. Investigatory powers—Proceedings for contempt. Cease and desist orders. Powers of director as to rules, forms, orders and defining terms—Interpretive opinions. Denial, suspension, or revocation of franchise broker by director. Denial, suspension, or revocation of exemption by director. Applicability of administrative procedure act. Administrator of securities. Chapter applicable to existing and future franchises and contracts. Chapter cumulative and nonexclusive. Effective date—1971 ex.s. c 252. (2008 Ed.) Franchise Investment Protection 19.100.930 19.100.931 19.100.932 19.100.940 Severability—1971 ex.s. c 252. Severability—1972 ex.s. c 116. Severability—1979 ex.s. c 13. Short title. Reviser’s note: Powers, duties, and functions of the department of licensing relating to franchises were transferred to the department of financial institutions by 1993 c 472, effective October 1, 1993. See RCW 43.320.011. Business opportunity fraud act: Chapter 19.110 RCW. 19.100.010 Definitions. When used in this chapter, unless the context otherwise requires: (1) "Advertisement" means any written or printed communication or any communication by means of recorded telephone messages or spoken on radio, television, or similar communication media published in connection with an offer or sale of a franchise. (2) "Affiliate" means a person controlling, controlled by, or under common control with another person, every officer or director of such person, and every person occupying a similar status or performing similar functions. (3) "Director" means the director of financial institutions. (4) "Franchise" means: (a) An agreement, express or implied, oral or written, by which: (i) A person is granted the right to engage in the business of offering, selling, or distributing goods or services under a marketing plan prescribed or suggested in substantial part by the grantor or its affiliate; (ii) The operation of the business is substantially associated with a trademark, service mark, trade name, advertising, or other commercial symbol designating, owned by, or licensed by the grantor or its affiliate; and (iii) The person pays, agrees to pay, or is required to pay, directly or indirectly, a franchise fee. (b) The following shall not be construed as a franchise within the meaning of this chapter: (i) The payment of a reasonable service charge to the issuer of a credit card by an establishment accepting or honoring such credit card or any transaction relating to a bank credit card plan; (ii) Actions or transactions otherwise permitted, prohibited or regulated under laws administered by the insurance commissioner of this state; (iii) Any motor vehicle dealer franchise subject to the provisions of chapter 46.70 RCW. (5) "Marketing plan" means a plan or system concerning an aspect of conducting business. A marketing plan may include one or more of the following: (a) Price specifications, special pricing systems or discount plans; (b) Sales or display equipment or merchandising devices; (c) Sales techniques; (d) Promotional or advertising materials or cooperative advertising; (e) Training regarding the promotion, operation, or management of the business; or (f) Operational, managerial, technical, or financial guidelines or assistance. 19.100.010 (2008 Ed.) 19.100.010 (6) "Bank credit card plan" means a credit card plan in which the issuer of credit cards is a national bank, state bank, trust company or any other banking institution subject to the supervision of the director of financial institutions of this state or any parent or subsidiary of such bank. (7) "Franchisee" means a person to whom a franchise is offered or granted. (8) "Franchisor" means a person who grants a franchise to another person. (9) "Subfranchise" means an agreement, express or implied, oral or written, by which a person pays or agrees to pay, directly or indirectly, a franchisor or affiliate for the right to grant, sell or negotiate the sale of a franchise. (10) "Subfranchisor" means a person to whom a subfranchise is granted. (11) "Franchise broker" means a person who directly or indirectly engages in the business of the offer or sale of franchises. The term does not include a franchisor, subfranchisor, or their officers, directors, or employees. (12) "Franchise fee" means any fee or charge that a franchisee or subfranchisor is required to pay or agrees to pay for the right to enter into a business or to continue a business under a franchise agreement, including, but not limited to, the payment either in lump sum or by installments of an initial capital investment fee, any fee or charges based upon a percentage of gross or net sales whether or not referred to as royalty fees, any payment for the mandatory purchase of goods or services or any payment for goods or services available only from the franchisor, or any training fees or training school fees or charges; however, the following shall not be considered payment of a franchise fee: (a) the purchase or agreement to purchase goods at a bona fide wholesale price; (b) the purchase or agreement to purchase goods by consignment; if, and only if the proceeds remitted by the franchisee from any such sale shall reflect only the bona fide wholesale price of such goods; (c) a bona fide loan to the franchisee from the franchisor; (d) the purchase or agreement to purchase goods at a bona fide retail price subject to a bona fide commission or compensation plan that in substance reflects only a bona fide wholesale transaction; (e) the purchase or lease or agreement to purchase or lease supplies or fixtures necessary to enter into the business or to continue the business under the franchise agreement at their fair market or rental value; (f) the purchase or lease or agreement to purchase or lease real property necessary to enter into the business or to continue the business under the franchise agreement at the fair market or rental value; (g) amounts paid for trading stamps redeemable in cash only; (h) amounts paid for trading stamps to be used as incentives only and not to be used in, with, or for the sale of any goods. (13) "Person" means a natural person, corporation, partnership, trust, or other entity and in the case of an entity, it shall include any other entity which has a majority interest in such an entity or effectively controls such other entity as well as the individual officers, directors, and other persons in act of control of the activities of each such entity. (14) "Publish" means publicly to issue or circulate by newspaper, mail, radio, or television or otherwise to disseminate to the public. (15) "Sale or sell" includes every contract of sale, contract to sell, or disposition of a franchise. [Title 19 RCW—page 149] 19.100.020 Title 19 RCW: Business Regulations—Miscellaneous (16) "Offer or offer to sell" includes every attempt or offer to dispose of or solicitation of an offer to buy a franchise or an interest in a franchise. [1994 c 92 § 3; 1991 c 226 § 1; 1979 c 158 § 83; 1973 1st ex.s. c 33 § 3; 1972 ex.s. c 116 § 1; 1971 ex.s. c 252 § 1.] Emergency—Effective date—1972 ex.s. c 116: "This act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect on May 1, 1972." [1972 ex.s. c 116 § 17.] 19.100.020 Unlawful in certain instances to sell or offer to sell franchise if unregistered or not exempt. (1) It is unlawful for any franchisor or subfranchisor to sell or offer to sell any franchise in this state unless the offer of the franchise has been registered under this chapter or exempted under RCW 19.100.030. (2) For the purpose of this section, an offer to sell a franchise is made in this state when: (a) The offer is directed by the offeror into this state from within or outside this state and is received where it is directed, (b) the offer originates from this state and violates the franchise or business opportunity law of the state or foreign jurisdiction into which it is directed, (c) the offeree is a resident of this state, or (d) the franchise business that is the subject of the offer is to be located or operated, wholly or partly, in this state. (3) For the purpose of this section, a sale of any franchise is made in this state when: (a) An offer to sell is accepted in this state, (b) an offer originating from this state is accepted and violates the franchise or business opportunity law of the state or foreign jurisdiction in which it is accepted, (c) the purchaser of the franchise is a resident of this state, or (d) the franchise business that is the subject of the sale is to be located or operated, wholly or partly, in this state. (4) For the purpose of this section, an offer to sell is not made in this state solely because the offer appears: (a) In a newspaper or other publication of general and regular circulation if the publication has had more than two-thirds of its circulation outside this state during the twelve months before the offer is published, or (b) in a broadcast or transmission originating outside this state. [1991 c 226 § 2; 1971 ex.s. c 252 § 2.] 19.100.020 19.100.030 Exemptions from registration requirements. The registration requirements of this chapter shall not apply to: (1) The offer or sale or transfer of a franchise by a franchisee who is not an affiliate of the franchisor for the franchisee’s own account if the franchisee’s entire franchise is sold and the sale is not effected by or through the franchisor. A sale is not effected by or through a franchisor merely because a franchisor has a right to approve or disapprove the sale or requires payment of a reasonable transfer fee. Such right to approve or disapprove the sale shall be exercised in a reasonable manner. (2) The offer or sale of a franchise by an executor, administrator, sheriff, marshal, receiver, trustee in bankruptcy, guardian, conservator, or pursuant to a courtapproved offer or sale, on behalf of a person other than the franchisor or the estate of the franchisor. (3) The offer or sale of a franchise to a bank, savings institution, trust company, insurance company, investment 19.100.030 [Title 19 RCW—page 150] company as defined in the Investment Company Act of 1940, pension or profit sharing trust, or other financial institution or institutional buyer or to a broker dealer where the purchaser is acting for itself or in some fiduciary capacity. (4) The offer or sale of a franchise by a franchisor: (a) Who has delivered in writing to each prospective franchisee, at least ten business days prior to the execution by the prospective franchisee of any binding franchise or other agreement, or at least ten business days prior to the receipt of any consideration, whichever occurs first, an offering circular complying with guidelines adopted by rule of the director. The director shall be guided in adopting such a rule by the guidelines for the preparation of the Uniform Franchise Offering Circular adopted by the North American Securities Administrators Association, Inc., or its successor, as such guidelines may be revised from time to time; and (b) Who either: (i)(A) Has a net worth on a consolidated basis, according to its most recent audited financial statement, of not less than five million dollars or who has a net worth, according to its most recent audited financial statement, of not less than one million dollars and is at least eighty percent owned by a corporation which has a net worth on a consolidated basis, according to its most recent audited financial statement, of not less than five million dollars; and (B) Has had at least twenty-five franchisees conducting business at all times during the five-year period immediately preceding the offer or sale or has conducted business which is the subject of the franchise continuously for not less than five years preceding the offer or sale or if any corporation which owns at least eighty percent of the franchisor, has had at least twenty-five franchisees conducting business at all times during the five-year period immediately preceding the offer or sale or such corporation has conducted business which is the subject of the franchise continuously for not less than five years preceding the offer or sale; and (C) Requires an initial investment by the franchisee of more than one hundred thousand dollars; and (D) Files annually with the director a statement prescribed by rule of the director giving notice of such claim, and pays a filing fee as set forth in RCW 19.100.240; or (ii)(A) Has no outstanding franchises granted for businesses located or to be located outside the state of Washington; and (B) Has granted and grants no more than three franchises for franchise businesses to be situated within the state of Washington; and (C) Does not publish an advertisement or engage in general solicitation for the franchise offering; and (D) The buyer is represented or advised in the transaction by independent legal counsel or certified public accountant; or (iii) Does not charge a franchise fee, as defined in RCW 19.100.010(12), in excess of five hundred dollars; and (c) Who has not been found by a court of competent jurisdiction to have been in violation of this chapter, chapter 19.86 RCW, or any of the various federal statutes dealing with the same or similar matters, within seven years of any sale or offer to sell franchise business under franchise agreement in the state of Washington. (2008 Ed.) Franchise Investment Protection (5) The offer or sale of a franchise to an accredited investor, as defined by rule adopted by the director. The director shall be guided in adopting such a rule by the rules defining accredited investor promulgated by the federal securities and exchange commission. (6) The offer or sale of an additional franchise to an existing franchisee of the franchisor for the franchisee’s own account that is substantially the same as the franchise that the franchisee has operated for at least two years at the time of the offer or sale, provided the prior sale to the franchisee was pursuant to a franchise offering that was registered in the state of Washington. [1991 c 226 § 3; 1972 ex.s. c 116 § 2; 1971 ex.s. c 252 § 3.] 19.100.090 trative procedure act, chapter 34.05 RCW, the director shall determine whether to affirm and to continue or to rescind such order and the director shall have all powers granted under such act. [1972 ex.s. c 116 § 4; 1971 ex.s. c 252 § 5.] 19.100.060 19.100.060 Registration statement—Effective, when. If no stop order is in effect and no proceeding is pending under RCW 19.100.120, a registration statement becomes effective at 3:00 P.M. Pacific Standard Time on the afternoon of the fifteenth business day after the filing of the registration statement or the last amendment or at such earlier time as the director determines. [1971 ex.s. c 252 § 6.] 19.100.070 19.100.040 Application for registration—Contents— Filing. (1) The application for registration of the offer, signed by the franchisor, subfranchisor, or by any person on whose behalf the offering is to be made, must be filed with the director and shall contain: (a) A copy of the franchisor’s or subfranchisor’s offering circular which shall be prepared in compliance with guidelines adopted by rule of the director. The director shall be guided in adopting such rule by the guidelines for the preparation of the Uniform Franchise Offering Circular adopted by the North American Securities Administrators Association, Inc., or its successor, as such guidelines may be revised from time to time; (b) A copy of all agreements to be proposed to franchisees; (c) A consent to service of process as required by RCW 19.100.160; (d) The application for registration of a franchise broker, if any; (e) The applicable filing fee; and (f) Such other information as the director determines, by rule or order, to be necessary or appropriate to facilitate the administration of this chapter. (2) The director may require the filing of financial statements of the franchisor or subfranchisor audited by an independent certified public accountant and prepared in accordance with generally accepted accounting principles. When the person filing the application for registration is a subfranchisor, the application shall also include the same information concerning the subfranchisor as is required from the franchisor pursuant to this section. [1991 c 226 § 4; 1972 ex.s. c 116 § 3; 1971 ex.s. c 252 § 4.] 19.100.040 19.100.050 Escrow or impoundment of franchise fees as registration condition—Rules or orders—Procedure to rescind. The director may by rule or order require as a condition to the effectiveness of the registration the escrow or impound of franchise fees if he finds that such requirement is necessary and appropriate to protect prospective franchisees. At any time after the issuance of such rule or order under this section the franchisor may in writing request the rule or order be rescinded. Upon receipt of such a written request, the matter shall be set down for hearing to commence within fifteen days after such receipt unless the person making the request consents to a later date. After such hearing, which shall be conducted in accordance with the provisions of the adminis19.100.050 (2008 Ed.) 19.100.070 Registration—Claim of exemption filing—Duration—Renewal—Supplemental report. (1) A franchise offering shall be deemed duly registered, and a claim of exemption under RCW 19.100.030(4)(b)(i) shall be duly filed, for a period of one year from the effective date of registration or filing unless the director by rule or order specifies a different period. (2) Registration of a franchise offer may be renewed for additional periods of one year each, unless the director by rule or order specifies a different period, by filing with the director no later than fifteen business days prior to the expiration thereof a renewal application containing such information as the director may require to indicate any substantial changes in the information contained in the original application or the previous renewal application and payment of the prescribed fee. (3) If a material adverse change in the condition of the franchisor or the subfranchisor or any material change in the information contained in its offering circular should occur the franchisor or subfranchisor shall so amend the registration on file with the director as soon as reasonably possible and in any case, before the further sale of any franchise. [1991 c 226 § 5; 1972 ex.s. c 116 § 5; 1971 ex.s. c 252 § 7.] 19.100.080 19.100.080 Delivery of offering circular and amendments required. It is unlawful for any person to sell a franchise that is registered or required to be registered under this chapter without first delivering to the offeree, at least ten business days prior to the execution by the offeree of any binding franchise or other agreement, or at least ten business days prior to the receipt of any consideration, whichever occurs first, a copy of the offering circular required under RCW 19.100.040, with any addition or amendment to the offering circular required by RCW 19.100.070, together with a copy of the proposed agreements relating to the sale of the franchise. [1991 c 226 § 6; 1972 ex.s. c 116 § 6; 1971 ex.s. c 252 § 8.] 19.100.090 19.100.090 Filings, registration, or finding of director—Construction. (1) Neither (a) the fact that application for registration under this law has been filed nor (b) the fact that such registration has become effective constitutes a finding by the director that any document filed under this law is true, complete, or not misleading. Neither any such fact or the fact that an exemption is available for a transaction means that the director has passed in any way on the merit or quali[Title 19 RCW—page 151] 19.100.100 Title 19 RCW: Business Regulations—Miscellaneous fications of or recommended or given approval to any person, franchise, or transaction. (2) It is unlawful to make or cause to be made to any prospective purchaser or offeree any representation inconsistent with this section. [1971 ex.s. c 252 § 9.] 19.100.100 Advertisements—Copy to be filed. No person shall publish in this state any advertisements offering a franchise subject to the registration requirements of this law unless a true copy of the advertisement has been filed in the office of the director at least seven days prior to the publication or such shorter period as the director by rule or order may allow. [1991 c 226 § 7; 1971 ex.s. c 252 § 10.] 19.100.100 19.100.110 Advertisements—False or misleading— Notice—Procedure. No person shall publish in this state any advertisement concerning a franchise subject to the registration requirements of this chapter after the director finds that the advertisement contains any statements that are false or misleading or omits to make any statement necessary in order to make the statements made, in the light of the circumstances in which they were made, not misleading and so notifies the person in writing. Such notification may be given summarily without notice or hearing. At any time after the issuance of a notification under this section the person desiring to use the advertisement may in writing request the order be rescinded. Upon receipt of such a written request, the matter shall be set down for hearing to commence within fifteen days after such receipt unless the person making the request consents to a later date. After such hearing, which shall be conducted in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW, the director shall determine whether to affirm and to continue or to rescind such order and the director shall have all powers granted under such act. [1972 ex.s. c 116 § 7; 1971 ex.s. c 252 § 11.] 19.100.110 19.100.120 Registration statement—Stop order— Grounds. The director may issue a stop order denying effectiveness to or suspending or revoking the effectiveness of any registration statement if he finds that the order is in the public interest and that: (1) The registration statement as of its effective date, or as of any earlier date in the case of an order denying effectiveness, is incomplete in any material respect or contains any statement which was in the light of the circumstances under which it was made false or misleading with respect to any material fact; (2) Any provision of this chapter or any rule or order or condition lawfully imposed under this chapter has been violated in connection with the offering by: (a) The person filing the registration statement but only if such person is directly or indirectly controlled by or acting for the franchisor; or (b) The franchisor, any partner, officer or director of a franchisor, or any person occupying a similar status or performing similar functions or any person directly or indirectly controlling or controlled by the franchisor. (3) The franchise offering registered or sought to be registered is the subject of a permanent or temporary injunction of any court of competent jurisdiction entered under any fed19.100.120 [Title 19 RCW—page 152] eral or state act applicable to the offering but the director may not: (a) Institute a proceeding against an effective registration statement under this clause more than one year from the date of the injunctive relief thereon unless the injunction is thereafter violated; and (b) Enter an order under this clause on the basis of an injunction entered under any other state act unless that order or injunction is based on facts that currently constitute a ground for stop order under this section; (4) A franchisor’s enterprise or method of business includes or would include activities which are illegal where performed; (5) The offering has worked or tended to work a fraud upon purchasers or would so operate; (6) The applicant has failed to comply with any rule or order of the director issued pursuant to RCW 19.100.050. (7) The applicant or registrant has failed to pay the proper registration fee but the director may enter only a denial order under this subsection and he shall vacate such order when the deficiency has been corrected. [1972 ex.s. c 116 § 8; 1971 ex.s. c 252 § 12.] 19.100.130 19.100.130 Registration statement—Stop order— Notice—Hearing—Modification or vacation of order. Upon the entry of a stop order under any part of RCW 19.100.120, the director shall promptly notify the applicant that the order has been entered and that the reasons therefor and that within fifteen days after receipt of a written request, the matter will be set down for hearing. If no hearing is requested within fifteen days and none is ordered by the director, the director shall enter his written findings of fact and conclusions of law and the order will remain in effect until it is modified or vacated by the director. If a hearing is requested or ordered, the director after notice of an opportunity for hearings to the issuer and to the applicant or registrant shall enter his written findings of fact and conclusions of law and may modify or vacate the order. The director may modify or vacate a stop order if he finds that the conditions which prompted his entry have changed or that it is otherwise in the public interest to do so. [1971 ex.s. c 252 § 13.] 19.100.140 19.100.140 Registration of franchise brokers required. (1) It is unlawful for any franchise broker to offer to sell or sell a franchise in this state unless the franchise broker is registered under this chapter. It is unlawful for any franchisor, subfranchisor, or franchisee to employ a franchise broker unless the franchise broker is registered. (2) The franchise broker shall apply for registration by filing with the director an application together with a consent to service of process in such form as the director shall prescribe and payment of the fee prescribed in RCW 19.100.240. (3) The application shall contain whatever information the director requires concerning such matters as: (a) The applicant’s form and place of organization. (b) The applicant’s proposed method of doing business. (c) The qualifications and business history of the applicant. (2008 Ed.) Franchise Investment Protection (d) Any injunction or administrative order or conviction of a misdemeanor involving a security or any aspect of the securities business and any conviction of a felony; and (e) The applicant’s financial condition and history. [1991 c 226 § 8; 1972 ex.s. c 116 § 9; 1971 ex.s. c 252 § 14.] 19.100.150 Records and accounts—Reports. Every person offering franchises for sale shall at all times keep and maintain a complete set of books, records, and accounts of such and the disposition of the proceeds thereof and shall thereafter at such times as are required by the director make and file in the office of the director a report setting forth the franchises sold by it, the proceeds derived therefrom, and the disposition thereof. [1971 ex.s. c 252 § 15.] 19.100.150 19.100.160 Application of chapter—Jurisdiction— Service of process—Consent. Any person who is engaged or hereafter engaged directly or indirectly in the sale or offer to sell a franchise or a subfranchise or in business dealings concerning a franchise, either in person or in any other form of communication, shall be subject to the provisions of this chapter, shall be amenable to the jurisdiction of the courts of this state and shall be amenable to the service of process under RCW 4.28.180, 4.28.185 and 19.86.160. Every applicant for registration of a franchise under this law (by other than a Washington corporation) shall file with the director in such form as he by rule prescribed, an irrevocable consent appointing the director or his successor in office to be his attorney, to receive service or any lawful process in any noncriminal suit, action, or proceeding against him or his successors, executor, or administrator which arises under this law or any rule or order hereunder after the consent has been filed, with the same force and validity as if served personally on the person filing consent. A person who has filed such a consent in connection with a previous registration under this law need not file another. Service may be made by leaving a copy of the process in the office of the director but it is not as effective unless: (1) The plaintiff, who may be the director, in a suit, action, or proceeding instituted by him forthwith sends notice of the service and a copy of the process by registered or certified mail to the defendant or respondent at his last address on file with the director; and (2) The plaintiff’s affidavit of compliance with this section is filed in the case on or before the return day of the process, if any, or within such further times the court allows. [1991 c 226 § 9; 1971 ex.s. c 252 § 16.] 19.100.160 19.100.170 Violations. It is unlawful for any person in connection with the offer, sale, or purchase of any franchise or subfranchise in this state directly or indirectly: (1) To make any untrue statement of a material fact in any application, notice, or report filed with the director under this law or willfully to omit to state in any application, notice or report, any material fact which is required to be stated therein or fails to notify the director of any material change as required by RCW 19.100.070(3). (2) To sell or offer to sell by means of any written or oral communication which includes an untrue statement of a material fact or omits to state a material fact necessary in 19.100.170 (2008 Ed.) 19.100.180 order to make the statements made in light of the circumstances under which they were made not misleading. (3) To employ any device, scheme, or artifice to defraud. (4) To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. (5) To violate any order of the director. [1991 c 226 § 10; 1971 ex.s. c 252 § 17.] 19.100.180 Relation between franchisor and franchisee—Rights and prohibitions. Without limiting the other provisions of this chapter, the following specific rights and prohibitions shall govern the relation between the franchisor or subfranchisor and the franchisees: (1) The parties shall deal with each other in good faith. (2) For the purposes of this chapter and without limiting its general application, it shall be an unfair or deceptive act or practice or an unfair method of competition and therefore unlawful and a violation of this chapter for any person to: (a) Restrict or inhibit the right of the franchisees to join an association of franchisees. (b) Require a franchisee to purchase or lease goods or services of the franchisor or from approved sources of supply unless and to the extent that the franchisor satisfies the burden of proving that such restrictive purchasing agreements are reasonably necessary for a lawful purpose justified on business grounds, and do not substantially affect competition: PROVIDED, That this provision shall not apply to the initial inventory of the franchise. In determining whether a requirement to purchase or lease goods or services constitutes an unfair or deceptive act or practice or an unfair method of competition the courts shall be guided by the decisions of the courts of the United States interpreting and applying the antitrust laws of the United States. (c) Discriminate between franchisees in the charges offered or made for royalties, goods, services, equipment, rentals, advertising services, or in any other business dealing, unless and to the extent that the franchisor satisfies the burden of proving that any classification of or discrimination between franchisees is: (i) Reasonable, (ii) based on franchises granted at materially different times and such discrimination is reasonably related to such difference in time, or is based on other proper and justifiable distinctions considering the purposes of this chapter, and (iii) is not arbitrary. However, nothing in (c) of this subsection precludes negotiation of the terms and conditions of a franchise at the initiative of the franchisees. (d) Sell, rent, or offer to sell to a franchisee any product or service for more than a fair and reasonable price. (e) Obtain money, goods, services, anything of value, or any other benefit from any other person with whom the franchisee does business on account of such business unless such benefit is disclosed to the franchisee. (f) If the franchise provides that the franchisee has an exclusive territory, which exclusive territory shall be specified in the franchise agreement, for the franchisor or subfranchisor to compete with the franchisee in an exclusive territory or to grant competitive franchises in the exclusive territory area previously granted to another franchisee. (g) Require franchisee to assent to a release, assignment, novation, or waiver which would relieve any person from lia19.100.180 [Title 19 RCW—page 153] 19.100.184 Title 19 RCW: Business Regulations—Miscellaneous bility imposed by this chapter, except as otherwise permitted by RCW 19.100.220. (h) Impose on a franchisee by contract, rule, or regulation, whether written or oral, any standard of conduct unless the person so doing can sustain the burden of proving such to be reasonable and necessary. (i) Refuse to renew a franchise without fairly compensating the franchisee for the fair market value, at the time of expiration of the franchise, of the franchisee’s inventory, supplies, equipment, and furnishings purchased from the franchisor, and good will, exclusive of personalized materials which have no value to the franchisor, and inventory, supplies, equipment and furnishings not reasonably required in the conduct of the franchise business: PROVIDED, That compensation need not be made to a franchisee for good will if (i) the franchisee has been given one year’s notice of nonrenewal and (ii) the franchisor agrees in writing not to enforce any covenant which restrains the franchisee from competing with the franchisor: PROVIDED FURTHER, That a franchisor may offset against amounts owed to a franchisee under this subsection any amounts owed by such franchisee to the franchisor. (j) Terminate a franchise prior to the expiration of its term except for good cause. Good cause shall include, without limitation, the failure of the franchisee to comply with lawful material provisions of the franchise or other agreement between the franchisor and the franchisee and to cure such default after being given written notice thereof and a reasonable opportunity, which in no event need be more than thirty days, to cure such default, or if such default cannot reasonably be cured within thirty days, the failure of the franchisee to initiate within thirty days substantial and continuing action to cure such default: PROVIDED, That after three willful and material breaches of the same term of the franchise agreement occurring within a twelve-month period, for which the franchisee has been given notice and an opportunity to cure as provided in this subsection, the franchisor may terminate the agreement upon any subsequent willful and material breach of the same term within the twelve-month period without providing notice or opportunity to cure: PROVIDED FURTHER, That a franchisor may terminate a franchise without giving prior notice or opportunity to cure a default if the franchisee: (i) Is adjudicated a bankrupt or insolvent; (ii) makes an assignment for the benefit of creditors or similar disposition of the assets of the franchise business; (iii) voluntarily abandons the franchise business; or (iv) is convicted of or pleads guilty or no contest to a charge of violating any law relating to the franchise business. Upon termination for good cause, the franchisor shall purchase from the franchisee at a fair market value at the time of termination, the franchisee’s inventory and supplies, exclusive of (i) personalized materials which have no value to the franchisor; (ii) inventory and supplies not reasonably required in the conduct of the franchise business; and (iii), if the franchisee is to retain control of the premises of the franchise business, any inventory and supplies not purchased from the franchisor or on his express requirement: PROVIDED, That a franchisor may offset against amounts owed to a franchisee under this subsection any amounts owed by such franchisee to the franchisor. [1991 c 226 § 11; 1980 c 63 § 1; 1973 1st ex.s. c 33 § 4; 1972 ex.s. c 116 § 10; 1971 ex.s. c 252 § 18.] [Title 19 RCW—page 154] 19.100.184 Terms and conditions from negotiations initiated by franchisee. This chapter does not preclude negotiation of the terms and conditions of a franchise at the initiative of the franchisee, provided that such negotiated terms and conditions do not violate any provision of this chapter. After the initial offer to a franchisee using the offering circular required by RCW 19.100.030, 19.100.040, or 19.100.070 a franchisor need not provide an amended offering circular to that franchisee by reason of a change in the terms and conditions of a franchise being negotiated at the initiative of that franchisee or amend the registration by reason of such change. [1991 c 226 s 12.] 19.100.184 19.100.190 Unfair or deceptive acts—Suits for damages—Violations of other acts, use in evidence. (1) The commission of any unfair or deceptive acts or practices or unfair methods of competition prohibited by RCW 19.100.180 as now or hereafter amended shall constitute an unfair or deceptive act or practice under the provisions of chapter 19.86 RCW. (2) Any person who sells or offers to sell a franchise in violation of this chapter shall be liable to the franchisee or subfranchisor who may sue at law or in equity for damages caused thereby for rescission or other relief as the court may deem appropriate. In the case of a violation of RCW 19.100.170 rescission is not available to the plaintiff if the defendant proves that the plaintiff knew the facts concerning the untruth or omission or that the defendant exercised reasonable care and did not know or if he had exercised reasonable care would not have known of the untruth or omission. (3) The suit authorized under subsection (2) of this section may be brought to recover the actual damages sustained by the plaintiff and the court may in its discretion increase the award of damages to an amount not to exceed three times the actual damages sustained: PROVIDED, That the prevailing party may in the discretion of the court recover the costs of said action including a reasonable attorneys’ fee. (4) Any person who becomes liable to make payments under this section may recover contributions as in cases of contracts from any persons who, if sued separately, would have been liable to make the same payment. (5) A final judgment, order, or decree heretofore or hereafter rendered against a person in any civil, criminal, or administrative proceedings under the United States anti-trust laws, under the Federal Trade Commission Act, under the Washington State Consumer Protection Act, or this chapter shall be regarded as evidence against such persons in any action brought by any party against such person under subsections (1) and (2) of this section as to all matters which said judgment or decree would be an estoppel between the parties thereto. [1972 ex.s. c 116 § 11; 1971 ex.s. c 252 § 19.] 19.100.190 19.100.200 Pendency of other proceedings tolls limitation of action. The pendency of any civil, criminal, or administrative proceedings against a person brought by the federal or Washington state governments or any of their agencies under the anti-trust laws, the Federal Trade Commission Act, the Consumer Protection Act, or any federal or state act related to anti-trust laws or to franchising, or under this chapter shall toll the limitation of this action if the action is then instituted within one year after the final judgment or 19.100.200 (2008 Ed.) Franchise Investment Protection order in such proceedings: PROVIDED, That said limitation of actions shall in any case toll the law so long as there is actual concealment on the part of the person. [1972 ex.s. c 116 § 12; 1971 ex.s. c 252 § 20.] 19.100.210 19.100.210 Violations—Injunctions—Assurance of discontinuance—Civil and criminal penalties—Chapter nonexclusive. (1) The attorney general or director may bring an action in the name of the state against any person to restrain and prevent the doing of any act herein prohibited or declared to be unlawful. Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted and a receiver or conservator may be appointed for the defendant or the defendant’s assets. The prevailing party may in the discretion of the court recover the costs of such action including a reasonable attorneys’ fee. (2) Every person who shall violate the terms of any injunction issued as in this chapter provided shall forfeit and pay a civil penalty of not more than twenty-five thousand dollars. (3) Every person who violates RCW 19.100.020, 19.100.080, 19.100.150, and 19.100.170 shall forfeit a civil penalty of not more than two thousand dollars for each violation. (4) For the purpose of this section the superior court issuing an injunction shall retain jurisdiction and the cause shall be continued and in such cases the attorney general or director acting in the name of the state may petition for the recovery of civil penalties. (5) In the enforcement of this chapter, the attorney general or director may accept an assurance of discontinuance with the provisions of this chapter from any person deemed by the attorney general or director in violation hereof. Any such assurance shall be in writing, shall state that the person giving such assurance does not admit to any violation of this chapter or to any facts alleged by the attorney general or director, and shall be filed with and subject to the approval of the superior court of the county in which the alleged violator resides or has his or her principal place of business, or in Thurston county. Proof of failure to comply with the assurance of discontinuance shall be prima facie evidence of a violation of this chapter. (6) Any person who willfully violates any provision of this chapter or who willfully violates any rule adopted or order issued under this chapter is guilty of a class B felony and shall upon conviction be fined not more than five thousand dollars or imprisoned for not more than ten years or both, but no person may be imprisoned for the violation of any rule or order if he or she proves that he or she had no knowledge of the rule or order. No indictment or information may be returned under this chapter more than five years after the alleged violation. (7) Nothing in this chapter limits the power of the state to punish any person for any conduct which constitutes a crime by statute or at common law. [2003 c 53 § 151; 1980 c 63 § 2; 1979 ex.s. c 13 § 1; 1972 ex.s. c 116 § 13; 1971 ex.s. c 252 § 21.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. (2008 Ed.) 19.100.242 19.100.220 Exceptions or exemptions—Burden of proof—Waivers of compliance void—Settlement release or waiver—Chapter as fundamental policy. (1) In any proceeding under this chapter, the burden of proving an exception from a definition or an exemption from registration is upon the person claiming it. (2) Any agreement, condition, stipulation or provision, including a choice of law provision, purporting to bind any person to waive compliance with any provision of this chapter or any rule or order hereunder is void. A release or waiver executed by any person pursuant to a negotiated settlement in connection with a bona fide dispute between a franchisee and a franchisor, arising after their franchise agreement has taken effect, in which the person giving the release or waiver is represented by independent legal counsel, is not an agreement prohibited by this subsection. (3) This chapter represents a fundamental policy of the state of Washington. [1991 c 226 s 13; 1972 ex.s. c 116 s 14; 1971 ex.s. c 252 s 22.] 19.100.220 19.100.230 Referral of evidence to attorney general or prosecuting attorney. The director may refer such evidence as may be available concerning violations of this chapter or any rule or order hereunder to the attorney general or the proper prosecuting attorney who may in his discretion with or without such a reference institute the appropriate criminal proceeding under this chapter. [1971 ex.s. c 252 § 23.] 19.100.230 19.100.240 Fees. The director shall charge and collect fees fixed by this section. All fees collected under this chapter shall be deposited in the state treasury and shall not be refundable except as herein provided: (1) The fee for filing an application for registration on the sale of franchise under RCW 19.100.040 is six hundred dollars; (2) The fee for filing an application for renewal of a registration under RCW 19.100.070 is one hundred dollars; (3) The fee for filing an amendment to the application filed under RCW 19.100.040 is one hundred dollars; (4) The fee for registration of a franchise broker shall be fifty dollars for original registration and twenty-five dollars for each annual renewal; (5) The fee for filing a notice of claim of exemption is one hundred dollars for the original filing and one hundred dollars for each annual renewal. [1991 c 226 § 14; 1971 ex.s. c 252 § 24.] 19.100.240 19.100.242 Investigations by director. The director, in the director’s discretion, may: (1) Annually, or more frequently, make such public or private investigations within or without this state as the director deems necessary to determine whether any registration should be granted, denied, revoked, or suspended, or whether any person has violated or is about to violate a provision of this chapter or any rule adopted or order issued under this chapter, or to aid in the enforcement of this chapter or in the prescribing of rules and forms under this chapter; and (2) publish information concerning a violation of this chapter or a rule adopted or order issued under this chapter. [1979 ex.s. c 13 § 2.] 19.100.242 [Title 19 RCW—page 155] 19.100.245 Title 19 RCW: Business Regulations—Miscellaneous 19.100.245 Investigatory powers—Proceedings for contempt. For the purpose of any investigation or proceeding under this chapter, the director or any officer designated by the director may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director deems relevant or material to the inquiry. In case of wilful failure on the part of a person to comply with a subpoena lawfully issued by the director, or on the refusal of a witness to testify to matters regarding which the witness may be lawfully interrogated, the superior court of any county, on application of the director and after satisfactory evidence of wilful disobedience, may compel obedience by proceedings for contempt, as in the case of disobedience of a subpoena issued from the court or a refusal to testify therein. [1979 ex.s. c 13 § 3.] 19.100.245 19.100.248 Cease and desist orders. If it appears to the director that a person has engaged or is about to engage in an act or practice constituting a violation of a provision of this chapter or a rule adopted or order issued under this chapter, the director may, in the director’s discretion, issue an order directing the person to cease and desist from continuing the act or practice. Reasonable notice of and opportunity for a hearing shall be given. The director may issue a temporary order pending the hearing, which shall remain in effect until ten days after the hearing is held and which shall become final if the person to whom notice is addressed does not request a hearing within fifteen days after the receipt of the notice. [1979 ex.s. c 13 § 4.] 19.100.248 19.100.250 Powers of director as to rules, forms, orders and defining terms—Interpretive opinions. The director may from time to time make, amend, and rescind such rules, forms, and orders as are necessary to carry out the provisions of this chapter including rules and forms governing applications and reports and defining any terms whether or not used in this chapter insofar as the definitions are consistent with this chapter. The director in his discretion may honor requests from interested persons for interpretive opinions. [1972 ex.s. c 116 § 15; 1971 ex.s. c 252 § 25.] 19.100.250 19.100.252 Denial, suspension, or revocation of franchise broker by director. The director may by order deny, suspend, or revoke registration of any franchise broker if the director finds that the order is in the public interest and that the applicant or registrant, or any partner, officer, or director of the applicant or registrant: (1) Has filed an application for registration as a franchise broker under RCW 19.100.140 which, as of its effective date, or as of any date after filing in the case of an order denying effectiveness, was incomplete in any material respect or contained any statement which was, in the light of the circumstances under which it was made, false or misleading with respect to any material fact; (2) Has willfully violated or willfully failed to comply with any provision of this chapter; (3) Has been convicted, within the past five years of any misdemeanor involving a franchise, or any felony involving moral turpitude; 19.100.252 [Title 19 RCW—page 156] (4) Is permanently or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any aspect of the franchise industry; (5) Is the subject of an order of the director denying, suspending, or revoking registration as a franchise broker; (6) Has engaged in dishonest or unethical practices in the franchise industry; (7) Is insolvent, either in the sense that his or her liabilities exceed his or her assets or in the sense that he or she cannot meet his or her obligations as they mature. The director may by order summarily postpone or suspend registration pending final determination of any proceeding under this section. [1991 c 226 § 16.] 19.100.255 Denial, suspension, or revocation of exemption by director. The director may by order deny, suspend, or revoke any exemption from registration otherwise available under RCW 19.100.030 for the offer or sale of the franchise if he or she finds that the order is in the public interest and that: (1) Any provision of this chapter or any rule or order or condition lawfully imposed under this chapter has been violated or is about to be violated in connection with the offering by the franchisor, any partner, officer, or director of a franchisor, or any person occupying a similar status or performing similar functions or any person directly or indirectly controlled by the franchisor, or any franchise broker offering or selling the offering; (2) The franchise offering is the subject of a permanent or temporary injunction of a court of competent jurisdiction entered under any federal or state act applicable to the offering; but (a) the director may not enter an order of revocation or suspension under this subsection more than one year from the date of the injunction relied on, and (b) the director may not enter an order under this subsection on the basis of an injunction unless that injunction was based on facts that currently constitute a ground for an order under this section; (3) The franchisor’s enterprise or method of business includes or would include activities which are illegal where performed; (4) The offering has worked or tended to work or would tend to work a fraud on purchasers; (5) The franchisor has failed to pay the required filing fee for a claim of exemption but the director may enter only a denial order under this subsection and shall vacate such order when the deficiency has been corrected; (6) The franchisor has made a claim of exemption which is incomplete in a material respect or contains any statement which in the light of the circumstances under which it was made is false or misleading with respect to any material fact. [1991 c 226 § 17.] 19.100.255 19.100.260 Applicability of administrative procedure act. The administrative procedure act, chapter 34.05 RCW, shall wherever applicable herein govern the rights, remedies, and procedures respecting the administration of this chapter. [1971 ex.s. c 252 § 26.] 19.100.260 19.100.270 Administrator of securities. The director shall appoint a competent person to administer this chapter 19.100.270 (2008 Ed.) Camping Resorts who shall be designated administrator of securities. The director shall delegate to the administrator such powers, subject to the authority of the director, as may be necessary to carry out the provisions of this chapter. The administrator shall hold office at the pleasure of the director. [1971 ex.s. c 252 § 27.] 19.100.900 Chapter applicable to existing and future franchises and contracts. The provisions of this chapter shall be applicable to all franchises and contracts existing between franchisors and franchisees and to all future franchises and contracts. [1971 ex.s. c 252 § 28.] 19.105.336 19.105.340 19.105.345 19.105.350 19.105.360 19.100.900 19.105.365 19.105.370 19.105.380 19.100.910 Chapter cumulative and nonexclusive. The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy available at law. [1971 ex.s. c 252 § 29.] 19.100.910 19.100.920 Effective date—1971 ex.s. c 252. This act shall become effective May 1, 1972: PROVIDED, That the director is authorized and empowered to undertake and perform duties and conduct activities necessary for the implementation of this act prior to that date. [1971 ex.s. c 252 § 30.] 19.100.920 19.100.930 Severability—1971 ex.s. c 252. If any section or provision of this act shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the act as a whole, or any section, provisions, or part thereof not adjudged invalid or unconstitutional. [1971 ex.s. c 252 § 31.] 19.100.930 19.100.931 Severability—1972 ex.s. c 116. If any provision of this 1972 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected. [1972 ex.s. c 116 § 16.] 19.100.931 19.100.932 Severability—1979 ex.s. c 13. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1979 ex.s. c 13 § 5.] 19.100.932 19.100.940 Short title. This chapter shall be known and designated as the "Franchise Investment Protection Act". [1971 ex.s. c 252 § 32.] 19.100.940 Chapter 19.105 Chapter 19.105 RCW CAMPING RESORTS Sections 19.105.300 19.105.310 19.105.320 19.105.325 19.105.330 19.105.333 (2008 Ed.) Definitions. Unlawful to offer or sell contract unless contract registered— Exemptions. Registration—Filings required upon application—Waiver. Exemptions from chapter. Registration—Effective, when—Completed form of application required. Signature of operator, trustee, or holder of power of attorney required on application documentation. 19.105.390 19.105.400 19.105.405 19.105.411 19.105.420 19.105.430 19.105.440 19.105.450 19.105.470 19.105.480 19.105.490 19.105.500 19.105.510 19.105.520 19.105.530 19.105.540 19.105.550 19.105.560 19.105.910 19.105.920 19.105.930 19.105.300 Availability of campgrounds to contract purchasers—Blanket encumbrances—Penalty for noncompliance. Impounding proceeds from contract sales—Conditional release of impounded funds—Funds not subject to lien—No assignment of impounded or reserved assets. Persons licensed under chapter 18.85 RCW exempt from salesperson registration requirements. Director may require reserve fund by order—Actions against a registration. Filing of sales literature, contract form, disclosure supplements. Advertising promises of free gifts, awards, or prizes—Provision of gift or substitute—Security arrangements after violation—Advance fees placed in trust—Membership referral programs considered promotional programs. Purchaser to receive written disclosures from operator or department—Exemptions. Unprofessional conduct/disciplinary action—Grounds—Liability for administrative and legal costs—Assurances of discontinuance—Support order, noncompliance. Resort contracts—Purchaser’s cancellation—Notice—Statement of right to cancel. Resort contracts—Voidable—Estoppel. Purchaser lists—Authorized uses. Fees. Resort contracts—Registration, duration—Renewal, amendment—Renewal of prior permits. Unlawful to act as salesperson without registering—Exemptions. Registration as salesperson—Application—Unprofessional conduct—Assurances of discontinuance—Renewal of registration—Support order, noncompliance. Investigations—Scope—Publishing information. Cease and desist orders—Utilizing temporary order, injunction, restraining order, or writ of mandamus. Violations—As gross misdemeanors—Statute of limitations. Violations—Referral to attorney general or prosecuting attorney. Violations—Application of consumer protection act. Resort contracts—Nonapplicability of certain laws—County and city powers. Unlawful to represent director’s administrative approval as determination as to merits of resort—Penalty. Rules, forms, orders—Administration of chapter. Administrative procedure act application. Administration. Uniform regulation of business and professions act. Construction—Chapter as cumulative and nonexclusive. Severability—1982 c 69. Effective date—1982 c 69. Exemption of timeshares from chapter: RCW 64.36.290. 19.105.300 Definitions. As used in this chapter, unless the context clearly requires otherwise: (1) "Camping resort" means any enterprise, other than one that is tax exempt under section 501(c)(3) of the Internal Revenue Code of 1986, as amended, that has as its primary purpose the ownership, operation, or promotion of campgrounds that includes or will include camping sites. (2) "Camping resort contract" means an agreement evidencing a purchaser’s title to, estate or interest in, or right or license to use for more than thirty days the campground of a camping resort. (3) "Camping site" means a space designed and promoted for the purpose of locating a trailer, tent, tent trailer, pick-up camper, or other similar device used for land-based portable housing. (4) "Purchaser" means a person who enters into a camping resort contract and thereby obtains title to, an estate or interest in, or license or the right to use the campground of a camping resort. (5) "Person" means any individual, corporation, partnership, trust, association, or other organization other than a government or a subdivision thereof. 19.105.300 [Title 19 RCW—page 157] 19.105.310 Title 19 RCW: Business Regulations—Miscellaneous (6) "Director" means the director of licensing. (7) "Camping resort operator" means any person who establishes, promotes, owns, or operates a camping resort. (8) "Advertisement" means any offer, written, printed, audio, or visual, by general solicitation, including all material used by an operator in a membership referral program. (9) "Offer" means any solicitation reasonably designed to result in the entering into of a camping resort contract. (10) "Sale" or "sell" means entering into, or other disposition, of a camping resort contract for value, but the term value does not include a reasonable fee to offset the ministerial costs of transfer of a camping resort contract if, in transferring the contract or membership, the terms of the original contract or membership are not changed by the camping resort operator. (11) "Salesperson" means any individual, other than a camping resort operator, who is engaged in obtaining commitments of persons to enter into camping resort contracts by making a sales presentation to, or negotiating sales with, the persons, but does not include members of a camping resort engaged in the referral of persons without making a sales presentation to the persons. (12) "Affiliate" means any person who, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control of a registrant or camping resort operator. (13) "Campground" means real property owned or operated by a camping resort that is available for camping or outdoor recreation by purchasers of camping resort contracts. (14) "Department" means the department of licensing. (15) "Resale camping resort contract" means a camping resort contract offered or sold which is not the original offer, transfer, or sale of such contract, and not a forfeited contract being reoffered by an operator. (16) "Start-up camping resort contract" means a camping resort contract that is being offered or sold for the first time or a forfeited contract being resold by a camping resort operator. (17) "Blanket encumbrance" means any mortgage, deed of trust, option to purchase, vendor’s lien or interest under a contract or agreement of sale, or other material financing lien or encumbrance granted by the camping resort operator or affiliate that secures or evidences the obligation to pay money or to sell or convey any campgrounds made available to purchasers by the camping resort operator or any portion thereof and that authorizes, permits, or requires the foreclosure or other disposition of the campground affected. (18) "Nondisturbance agreement" means an instrument by which the holder of a blanket encumbrance agrees that: (a) Its rights in any campground made available to purchasers, prior or subsequent to the agreement, by the camping resort operator shall be subordinate to the rights of purchasers from and after the recording of the instrument; (b) the holder and all successors and assignees, and any person who acquires the campground through foreclosure or by deed in lieu of foreclosure of such blanket encumbrance, shall take the campground subject to the use rights of purchasers; and (c) the holder or any successor acquiring the campground through the blanket encumbrance shall not discontinue use, or cause the campground to be used, in a manner which would materially prevent purchasers from using or occupying the campground in a manner contemplated by the purchasers’ [Title 19 RCW—page 158] camping resort contracts. However, the holder has no obligation or liability to assume the responsibilities or obligations of the camping resort operator under camping resort contracts. [1988 c 159 § 1; 1982 c 69 § 1.] 19.105.310 19.105.310 Unlawful to offer or sell contract unless contract registered—Exemptions. Except in transactions exempt under RCW 19.105.325, it is unlawful for any person to market, offer, or sell a camping resort contract in this state or to a Washington state resident unless the camping resort contract is registered and the operator or registrant has received a permit to market the registered contracts under this chapter. [2005 c 112 § 1; 1988 c 159 § 2; 1982 c 69 § 2.] 19.105.320 Registration—Filings required upon application—Waiver. (1) To apply for registration an applicant shall file with the director: (a) An application for registration on such a form as may be prescribed by the director. The director may, by rule or order, prescribe the contents of the application to include information (including financial statements) reasonably necessary for the director to determine if the requirements of this chapter have been met, whether any of the grounds for which a registration may be suspended or denied have occurred, and what conditions, if any, should be imposed under RCW 19.105.340, 19.105.350, or 19.105.336 in connection with the registration; (b) Written disclosures, in any format the director is satisfied accurately, completely, and clearly communicates the required information, which include: (i) The name and address of the camping resort applicant or operator and any material affiliate and, if the operator or registrant is other than a natural person, the identity of each person owning a ten percent or greater share or interest; (ii) A brief description of the camping resort applicant’s experience in the camping resort business; (iii) A brief description of the nature of the purchaser’s title to, estate or interest in, or right to use the camping resort property or facilities and whether or not the purchaser will obtain an estate, title to, or interest in specified real property; (iv) The location and a brief description of the significant facilities and recreation services then available for use by purchasers and those which are represented to purchasers as being planned, together with a statement whether any of the resort facilities or recreation services will be available to nonpurchasers or the general public; (v) A brief description of the camping resort’s ownership of or other right to use the camping resort properties or facilities represented to be available for use by purchasers, together with a brief description of any material encumbrance, the duration of any lease, real estate contract, license, franchise, reciprocal agreement, or other agreement entitling the camping resort applicant or operator to use the property, and any material provisions of the agreements which restrict a purchaser’s use of the property; (vi) A summary of any local or state health, environmental, subdivision, or zoning requirements or permits that have not been complied with for the resort property or facility represented to purchasers as in or planned for the campground; 19.105.320 (2008 Ed.) Camping Resorts (vii) A copy of the articles, by-laws, rules, restrictions, or covenants regulating the purchaser’s use of each property, the facilities located on each property, and any recreation services provided; (viii) A statement of whether and how the articles, declarations, by-laws, rules, restrictions, or covenants used in structuring the project may be changed and whether and how the members may participate in the decision on the changes; (ix) A brief description of all payments of a purchaser under a camping resort contract, including initial fees and any further fees, charges, or assessments, together with any provisions for changing the payments; (x) A description of any restraints on the transfer of camping resort contracts; (xi) A brief description of the policies relating to the availability of camping sites and conditions under which reservations are required and the availability of the sites to guests and family members; (xii) A disclosure covering the right of the camping resort operator or the registrant and their heirs, assigns, and successors in interest to change, substitute, or withdraw from use all or a portion of the camping resort properties or facilities and the extent to which the operator is obligated to replace camping resort facilities or properties withdrawn; (xiii) A brief description of any grounds for forfeiture of a purchaser’s camping resort contract; (xiv) A statement concerning the effect upon membership camping resort contracts if there is a foreclosure affecting any of the operator’s properties, a bankruptcy, or creditor or lienholder action affecting the operator or the camping resort properties; and (xv) Any other information deemed necessary by the department for the protection of the public health, safety, and welfare; (c) The prescribed registration fees; (d) A statement of the total number of camping resort contracts then in effect, both within and without this state; and a statement of the total number of camping resort contracts intended to be sold, both within and without this state, together with a commitment that the total number will not be exceeded unless disclosed by post-effective amendment to the registration as provided in RCW 19.105.420; (e) Copies or prototypes of all camping resort contracts, and addendum thereto, and membership certificates, deeds, leases, or other evidences of interest, title, or estate, to be registered; (f) An irrevocable consent to service of process on the director or the department, effective for the term of the statute of limitations covering the last sale in this state of a camping resort contract by the applicant or operator; and (g) Any other material information the director deems necessary for the protection of the public health, welfare, or safety, or to effectively conduct an examination of an application. (2) The director may waive for an applicant any of the information required in this section if it is not needed for the protection of the public health and welfare. [1988 c 159 § 3; 1982 c 69 § 3.] Administrative procedure act application: RCW 19.105.540. (2008 Ed.) 19.105.333 19.105.325 Exemptions from chapter. (1) The following transactions are exempt from registration under this chapter: (a) An offer or sale by a government or governmental agency; (b) A bona fide pledge of a camping resort contract; and (c) Offerings and dispositions of up to three resale camping resort contracts by purchasers thereof on their own behalf or by third parties brokering on behalf of purchasers, other than resale contracts forfeited by or placed into an operator’s sale inventory. All other sales of resale camping resort contracts by any person or business requires registration under this chapter. (2) The director may, by rule or order, exempt any person, wholly or partially, from any or all requirements of this chapter if the director finds the requirements are not necessary for the protection of the public health, safety, and welfare. [2005 c 112 § 2; 1988 c 159 § 4.] 19.105.325 19.105.330 Registration—Effective, when—Completed form of application required. (1) Unless an order denying effectiveness under RCW 19.105.380 is in effect, or unless declared effective by order of the director prior thereto, the application for registration shall automatically become effective upon the expiration of the twentieth full business day following a filing with the director in complete and proper form, but an applicant may consent to the delay of effectiveness until such time as the director may by order declare registration effective or issue a permit to market. (2) An application for registration, renewal of registration, or amendment is not in completed form and shall not be deemed a statutory filing until such time as all required fees, completed application forms, and the information and documents required pursuant to RCW 19.105.320(1) and departmental rules have been filed. It is the operator’s responsibility to see that required filing materials and fees arrive at the appropriate mailing address of the department. Within seven business days, excluding the date of receipt, of receiving an application or initial request for registration and the filing fees, the department shall notify the applicant of receipt of the application and whether or not the application is complete and in proper form. If the application is incomplete, the department shall at the same time inform the applicant what additional documents or information is required. If the application is not in a completed form, the department shall give immediate notice to the applicant. On the date the application is complete and properly filed, the statutory period for an in-depth examination of the filing, prescribed in subsection (1) of this section, shall begin to run, unless the applicant and the department have agreed to a stay of effectiveness or the department has issued a denial of the application or a permit to market. [2000 c 171 § 68; 1988 c 159 § 5; 1982 c 69 § 4.] 19.105.330 19.105.333 Signature of operator, trustee, or holder of power of attorney required on application documentation. Applications, consents to service, all affidavits required in connection with applications, and all final permits to market shall be signed by the operator, unless a trustee or power of attorney specifically granted such powers has signed on 19.105.333 [Title 19 RCW—page 159] 19.105.336 Title 19 RCW: Business Regulations—Miscellaneous behalf of the operator. If a power of attorney or trustee signature is used, the filing shall contain a copy of the authorization, power of attorney, or trustee authorization. [1988 c 159 § 6.] 19.105.336 Availability of campgrounds to contract purchasers—Blanket encumbrances—Penalty for noncompliance. (1) With respect to every campground located within the state which was not made available to purchasers of camping resort contracts prior to June 20, 1988, and with respect to any new blanket encumbrance placed against any campground in this state or any prior blanket encumbrance against any campground in this state with respect to which the underlying obligation is refinanced after June 20, 1988, the camping resort operator shall not represent any such campground to be available to purchasers of its camping resort contracts until one of the following events has occurred with regard to each such blanket encumbrance: (a) The camping resort operator obtains and records as covenants to run with the land a nondisturbance agreement from each holder of the blanket encumbrance. The nondisturbance agreement shall be executed by the camping resort operator and by each holder of the blanket encumbrance and shall include the provisions set forth in RCW 19.105.300(18) and the following: (i) The instrument may be enforced by individual purchasers of camping resort contracts. If the camping resort operator is not in default under its obligations to the holder of the blanket encumbrance, the agreement may be enforced by the camping resort operator. (ii) The agreement shall be effective as between each purchaser and the holder of the blanket encumbrance despite any rejection or cancellation of the purchaser’s contract during any bankruptcy proceedings of the camping resort operator. (iii) The agreement shall be binding upon the successors in interest of both the camping resort operator and the holder of the blanket encumbrance. (iv) A holder of the blanket encumbrance who obtains title or possession or who causes a change in title or possession in a campground by foreclosure or otherwise and who does not continue to operate the campground upon conditions no less favorable to members than existed prior to the change of title or possession shall either: (A) Offer the title or possession to an association of members to operate the campground; or (B) Obtain a commitment from another entity which obtains title or possession to undertake the responsibility of operating the campground. (b) The camping resort operator posts a bond or irrevocable letter of credit with the director in a form satisfactory to the director in the amount of the aggregate principal indebtedness remaining due under the blanket encumbrance. (c) The camping resort operator delivers an encumbrance trust agreement in a form satisfactory to the director, as provided in subsection (2) of this section. (d) The camping resort operator delivers other financial assurances reasonably acceptable to the director. (2) With respect to any campground located within the state other than a campground described in subsection (1) of this section, the camping resort operator shall not represent 19.105.336 [Title 19 RCW—page 160] the campground to be available to purchasers of camping resort contracts after June 20, 1988, until one of the following events has occurred with regard to each blanket encumbrance: (a) The camping resort operator obtains and records a nondisturbance agreement to run with the land pursuant to subsection (1) of this section from each holder of the blanket encumbrance. (b) The camping resort operator posts a surety bond or irrevocable letter of credit with the director in a form satisfactory to the director in the amount of the aggregate principal indebtedness remaining due under the blanket encumbrance. (c) The camping resort operator delivers to the director, in a form satisfactory to the director, an encumbrance trust agreement among the camping resort operator, a trustee (which can be either a corporate trustee licensed to act as a trustee under Washington law, licensed escrow agent, or a licensed attorney), and the director. (d) The camping resort operator delivers evidence to the director that any financial institution that has made a hypothecation loan to the camping resort operator (the "hypothecation lender") shall have a lien on, or security interest in, the camping resort operator’s interest in the campground, and the hypothecation lender shall have executed and recorded a nondisturbance agreement in the real estate records of the county in which the campground is located. Each person holding an interest in a blanket encumbrance superior to the interest held by the hypothecation lender shall have executed and recorded an instrument stating that such person shall give the hypothecation lender notice of, and at least thirty days to cure, any default under the blanket encumbrance before the person commences any foreclosure action affecting the campground. For the purposes of this subsection, a hypothecation loan to a camping resort operator is a loan or line of credit secured by the camping resort contracts receivable arising from the sale of camping resort contracts by the camping resort operator, which exceeds in the aggregate all outstanding indebtedness secured by blanket encumbrances superior to the interest held by the hypothecation lender. (e) The camping resort operator delivers other financial assurances reasonably acceptable to the director. (3) Any camping resort operator which does not comply at all times with subsection (1) or (2) of this section with regard to any blanket encumbrance in connection with any applicable campground is prohibited from offering any camping resort contracts for sale in Washington during the period of noncompliance. [1988 c 159 § 7.] Effective date—1988 c 159: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and, with the exception of section 7 of this act, shall take effect immediately [March 20, 1988]. Section 7 of this act shall take effect ninety days thereafter [June 20, 1988]." [1988 c 159 § 29.] 19.105.340 Impounding proceeds from contract sales—Conditional release of impounded funds—Funds not subject to lien—No assignment of impounded or reserved assets. (1) If the director finds that the applicant or registrant has not by other means assured future availability to and quiet enjoyment of the campgrounds and facilities, as required under this chapter, the director may, notwithstand19.105.340 (2008 Ed.) Camping Resorts ing the provisions of RCW 19.105.336, require impoundment of the funds or membership receivables, or both, from camping resort contract sales, including the impoundment of periodic dues or assessments required of purchasers under the contracts, or provide other assurances acceptable to the director, until sufficient funds have been impounded or arrangements made to alleviate the inadequacy. The director may, upon finding it reasonable and necessary, for compliance with RCW 19.105.336 and 19.105.365, and not inconsistent with the protection of purchasers or owners of camping resort contracts, provide for release to the applicant, registrant, or others of all or a portion of the impounded funds, membership receivables, or other assets in the impound. The director may take appropriate measures to assure that the impounded funds will be applied as required by this chapter. (2) Funds placed in impounds under this section or reserve accounts under RCW 19.105.350 are not subject to lien, attachment, or the possession of lenders or creditors of the operator, trustees in bankruptcy, receivers, or other third parties. In instances of bankruptcy, foreclosure, attachment, or other contingency where the ownership or beneficiary status of funds in depositories, or the receivables and funds to be collected from receivables, may be at issue, the purchasers of contracts under this chapter, as a class, shall be deemed the beneficiary. No individual purchaser or group of purchasers, other than the purchasers as a class, have any right to possession, attachment, lien, or right of partition of funds or receivables in the impound or reserve. (3) It is unlawful for an operator or other person to assign, hypothecate, sell, or pledge any contract or other asset placed into an impound or reserve under this chapter without the express written approval of the director or a court of competent jurisdiction. [1988 c 159 § 8; 1982 c 69 § 5.] 19.105.345 Persons licensed under chapter 18.85 RCW exempt from salesperson registration requirements. Persons licensed under chapter 18.85 RCW are exempt from the camping resort salesperson registration requirements of this chapter for camping resort contracts offered through the licensed brokerage. [1988 c 159 § 9.] 19.105.345 19.105.350 Director may require reserve fund by order— Actions against a registration. (1) If the purchaser will own or acquire title to specified real property or improvements to be acquired by the camping resort, the director may by order require to the extent necessary to protect the interests of the purchasers or owners of camping resort contracts, that an appropriate portion of the proceeds paid under those camping resort contracts be placed in a separate reserve fund to be set aside and applied toward the purchase price of the real property, improvements, or facilities. (2) The director may take any of the actions authorized in RCW 18.235.110 against a registration in which the registrant is advertising or offering annual or periodic dues or assessments by members that the director finds would result in the registrant’s future inability to fund operating costs. [2002 c 86 § 272; 1988 c 159 § 10; 1982 c 69 § 6.] 19.105.350 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. (2008 Ed.) 19.105.370 19.105.360 Filing of sales literature, contract form, disclosure supplements. The camping resort operator or other registrant of offerings of camping resort contracts shall file with the director at least five business days prior to the first use thereof in the state of Washington (1) the proposed text of all advertisements and sales promotion literature, (2) its proposed form of camping resort contract, and (3) the text of any supplements or amendments to the written disclosures required to be furnished prospective purchasers under RCW 19.105.370: PROVIDED, That if the text in lieu of definitive copies of any materials are filed, definitive copies shall be filed with the director within five business days following the date of first use of the materials. [1988 c 159 § 11; 1982 c 69 § 7.] 19.105.360 19.105.365 Advertising promises of free gifts, awards, or prizes—Provision of gift or substitute—Security arrangements after violation—Advance fees placed in trust—Membership referral programs considered promotional programs. (1) It is unlawful for a camping resort operator or other person, in connection with an advertisement or offer for sale of a camping resort contract in this state, to promise or offer a free gift, award, prize, or other item of value if the operator or person knows or has reason to know that the offered item is unavailable in a sufficient quantity based upon the reasonably anticipated response to the advertisement or offer. (2) A person who responds to an advertisement or offer in the manner specified, who performs all stated requirements, and who meets the qualifications disclosed shall receive the offered item subject to chapter 19.170 RCW. (3) The director may, upon making a determination that a violation of subsection (1) or (2) of this section has occurred, require any person, including an operator or other registrant found in violation, who continues, or proposes to continue, offering a free gift, award, prize, or other item of value in this state for purposes of advertising a camping resort or inducing persons to purchase a camping resort contract, to provide evidence of the ability to deliver on promised gifts, prizes, or awards by means such as bonds, irrevocable letters of credit, cash deposits, or other security arrangements acceptable to the director. (4) The director may require that any fees or funds of any description collected in advance from persons for purposes of obtaining promised gifts, awards, prizes, or other items of value, be placed in trust in a depository in this state until after delivery of the promised gift, prize, award, or other item of value. (5) Operators or other registrants or persons promising gifts, prizes, awards, or other items of consideration as part of a membership referral program shall be considered to be offering or selling promotional programs. (6) Chapter 19.170 RCW applies to free gifts, awards, or prizes regulated under this chapter. [1991 c 227 § 9; 1988 c 159 § 12.] 19.105.365 Severability—1991 c 227: See RCW 19.170.900. 19.105.370 Purchaser to receive written disclosures from operator or department—Exemptions. Except in a transaction exempt under RCW 19.105.325, any operator who offers or sells camping resort contracts in this state shall 19.105.370 [Title 19 RCW—page 161] 19.105.380 Title 19 RCW: Business Regulations—Miscellaneous provide the prospective purchaser with the written disclosures required to be filed under RCW 19.105.320(1)(b) in a form that is materially accurate and complete before the prospective purchaser signs a camping resort contract or gives any item of value for the purchase of a camping resort contract. The department may provide its own disclosures, supplementing those of the operator, in any format it deems appropriate. The department shall not be held liable for any alleged failure to disclose information or for deficiencies in the content of its disclosures when such disclosures are based upon information provided by the operator or a registrant. [1988 c 159 § 13; 1982 c 69 § 8.] 19.105.380 Unprofessional conduct/disciplinary action—Grounds—Liability for administrative and legal costs—Assurances of discontinuance—Support order, noncompliance. (1) In addition to the unprofessional conduct in RCW 18.235.130, the director may take disciplinary action for the following conduct, acts, or conditions: (a) The applicant, registrant, or affiliate has failed to file copies of the camping resort contract form under RCW 19.105.360; (b) The applicant, registrant, or affiliate has failed to comply with any provision of this chapter; (c) The applicant’s, registrant’s, or affiliate’s offering of camping resort contracts has worked or would work a fraud upon purchasers or owners of camping resort contracts; (d) The camping resort operator or any officer, director, or affiliate of the camping resort operator has been enjoined from or had any civil penalty assessed for a finding of dishonest dealing or fraud in a civil suit, or been found to have engaged in any violation of any act designed to protect consumers, or has been engaged in dishonest practices in any industry involving sales to consumers; (e) The applicant or registrant has represented or is representing to purchasers in connection with the offer or sale of a camping resort contract that a camping resort property, facility, amenity camp site, or other development is planned, promised, or required, and the applicant or registrant has not provided the director with a security or assurance of performance as required by this chapter; (f) The applicant or registrant has not provided or is no longer providing the director with the necessary security arrangements to ensure future availability of titles or properties as required by this chapter or agreed to in the permit to market; (g) The applicant or registrant is or has been employing unregistered salespersons or offering or proposing a membership referral program not in compliance with this chapter; (h) The applicant or registrant has breached any escrow, impound, reserve account, or trust arrangement or the conditions of an order or permit to market required by this chapter; (i) The applicant or registrant has filed or caused to be filed with the director any document or affidavit, or made any statement during the course of a registration or exemption procedure with the director, that is materially untrue or misleading; (j) The applicant or registrant has engaged in a practice of failing to provide the written disclosures to purchasers or prospective purchasers as required under this chapter; 19.105.380 [Title 19 RCW—page 162] (k) The applicant, registrant, or any of its officers, directors, or employees, if the operator is other than a natural person, have willfully done, or permitted any of their salespersons or agents to do, any of the following: (i) Engage in a pattern or practice of making untrue or misleading statements of a material fact, or omitting to state a material fact; (ii) Employ any device, scheme, or artifice to defraud purchasers or members; (iii) Engage in a pattern or practice of failing to provide the written disclosures to purchasers or prospective purchasers as required under this chapter; (l) The applicant or registrant has failed to provide a bond, letter of credit, or other arrangement to ensure delivery of promised gifts, prizes, awards, or other items of consideration, as required under this chapter, breached such a security arrangement, or failed to maintain such a security arrangement in effect because of a resignation or loss of a trustee, impound, or escrow agent; (m) The applicant or registrant has engaged in a practice of selling contracts using material amendments or codicils that have not been filed or are the consequences of breaches or alterations in previously filed contracts; (n) The applicant or registrant has engaged in a practice of selling or proposing to sell contracts in a ratio of contracts to sites available in excess of that filed in the affidavit required by this chapter; (o) The camping resort operator has withdrawn, has the right to withdraw, or is proposing to withdraw from use all or any portion of any camping resort property devoted to the camping resort program, unless: (i) Adequate provision has been made to provide within a reasonable time thereafter a substitute property in the same general area that is at least as desirable for the purpose of camping and outdoor recreation; (ii) The property is withdrawn because, despite good faith efforts by the camping resort operator, a nonaffiliate of the camping resort has exercised a right of withdrawal from use by the camping resort (such as withdrawal following expiration of a lease of the property to the camping resort) and the terms of the withdrawal right have been disclosed in writing to all purchasers at or prior to the time of any sales of camping resort contracts after the camping resort has represented to purchasers that the property is or will be available for camping or recreation purposes; (iii) The specific date upon which the withdrawal becomes effective has been disclosed in writing to all purchasers and members prior to the time of any sales of camping resort contracts after the camping resort has represented to purchasers that the property is or will be available for camping or recreation purposes; (iv) The rights of members and owners of the camping resort contracts under the express terms of the camping resort contract have expired, or have been specifically limited, upon the lapse of a stated or determinable period of time, and the director by order has found that the withdrawal is not otherwise inconsistent with the protection of purchasers or the desire of the majority of the owners of camping resort contracts, as expressed in their previously obtained vote of approval; (2008 Ed.) Camping Resorts (p) The format, form, or content of the written disclosures provided therein is not complete, full, or materially accurate, or statements made therein are materially false, misleading, or deceptive; (q) The applicant or registrant has failed to file an amendment for a material change in the manner or at the time required under this chapter or its implementing rules; (r) The applicant or registrant has filed voluntarily or been placed involuntarily into a federal bankruptcy or is proposing to do so; or (s) A camping resort operator’s rights or interest in a campground has been terminated by foreclosure or the operations in a camping resort have been terminated in a manner contrary to contract provisions. (2) An operator, registrant, or applicant against whom administrative or legal proceedings have been filed shall be responsible for and shall reimburse the state, by payment into the business and professions account created in RCW 43.24.150, for all administrative and legal costs actually incurred by the department in issuing, processing, and conducting any such administrative or legal proceeding authorized under this chapter that results in a final legal or administrative determination of any type or degree in favor of the department. (3) The director may enter into assurances of discontinuance in lieu of issuing a statement of charges or a cease and desist order or conducting a hearing under this chapter. The assurances shall consist of a statement of the law in question and an agreement not to violate the stated provision. The applicant or registrant shall not be required to admit to any violation of the law, nor shall the assurance be construed as such an admission. Violating or breaching an assurance under this subsection is grounds for suspension or revocation of registration or imposition of a fine. (4) The director shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director’s receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order. [2005 c 25 § 3; 2002 c 86 § 273; 1997 c 58 § 850; 1988 c 159 § 14; 1982 c 69 § 9.] Effective date—2005 c 25: See note following RCW 43.24.150. Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 19.105.390 Resort contracts—Purchaser’s cancellation—Notice—Statement of right to cancel. Any camping resort contract may be canceled at the option of the purchaser, if the purchaser sends notice of the cancellation by certified mail (return receipt requested) to the camping resort 19.105.405 operator at the address contained in the camping resort contract and if the notice is postmarked not later than midnight of the third business day following the day on which the contract is signed. In addition to this cancellation right, any purchaser who signs a camping resort contract of any description required to be registered with the department without having received the written disclosures required by this chapter has cancellation rights until three business days following eventual receipt of the written disclosures. Purchasers shall request cancellation of contracts by sending the notice of cancellation by certified mail (return receipt requested), postmarked not later than midnight of the third business day following the day on which the contract is signed or the day on which the disclosures were actually received, whichever event is later to the camping resort operator at the address contained in the camping resort contract. In computing the number of business days, the day on which the contract was signed shall not be included as a "business day," nor shall Saturday, Sunday, or legal holidays be included. Within three business days following receipt of timely and proper notice of cancellation from the purchaser, the camping resort operator shall provide evidence that the contract has been cancelled. Thereafter, any money or other consideration paid by the purchaser shall be promptly refunded. Every camping resort contract, other than those being offered and registered as resales, shall include the following statement in at least ten-point bold-face type immediately prior to the space for the purchaser’s signature: "Purchaser’s right to cancel: You may cancel this contract without any cancellation fee or other penalty, or stated reason for doing so, by sending notice of cancellation by certified mail, return receipt requested, to . . . . . . (insert name and address of camping resort operator). The notice must be postmarked by midnight of the third business day following the day on which the contract is signed. In computing the three business days, the day on which the contract is signed shall not be included as a "business day," nor shall Saturday, Sunday, or legal holidays be included." If the purchaser has not inspected a camping resort property or facility at which camping resort sites are located or planned, the notice must contain the following additional language: "If you sign this contract without having inspected a property at which camping sites are located or planned, you may cancel this contract by giving this notice within six (6) business days following the day on which you signed the contract." [1988 c 159 § 15; 1982 c 69 § 10.] 19.105.400 Resort contracts—Voidable—Estoppel. Any camping resort contract entered into in violation of this chapter may be voided by the purchaser and the purchaser’s entire consideration recovered at the option of the purchaser, but no suit under this section may be brought after two years from the date the contract is signed. [1988 c 159 § 16; 1982 c 69 § 11.] 19.105.400 19.105.390 (2008 Ed.) 19.105.405 Purchaser lists—Authorized uses. (1) The legislature recognizes the proprietary interest camping resort operators have in purchaser lists. The legislature also recognizes that purchasers of camping resort contracts have a legit19.105.405 [Title 19 RCW—page 163] 19.105.411 Title 19 RCW: Business Regulations—Miscellaneous imate interest in being able to contact other resort purchasers for the purpose of forming a members’ association. In balancing these competing interests, the legislature believes that purchaser lists can be made available to camping resort purchasers with reasonable restrictions on the dissemination of those lists. (2) Upon request of a purchaser, the camping resort operator shall provide to the purchaser a list of the names, addresses, and unit, site, or purchaser number of all purchasers. The camping resort operator may charge for the reasonable costs for preparing the list. The operator shall require the purchaser to sign an affidavit agreeing not to use the list for any commercial purpose. (3) It is a violation of this chapter and chapter 19.86 RCW for any person to use a membership list for commercial purposes unless authorized to do so by the operator. (4) It is a violation of this chapter and chapter 19.86 RCW for a camping resort operator to fail to provide a list of purchasers as provided in this section. [1988 c 159 § 17.] 19.105.411 Fees. Applicants or registrants under this chapter shall pay fees determined by the director as provided in RCW 43.24.086. The fees shall be prepaid and the director may determine fees for the following activities or events: (1) A fee for the initial application and an additional fee for each camping resort contract registered; (2) Renewals of camping resort registrations and an additional fee for each additional camping resort contract registered; (3) An initial and annual fee for processing and administering any required impound, trust, reserve, or escrow arrangement and security arrangements for such programs; (4) The review and processing of advertising or promotional materials; (5) Registration and renewal of registrations of salespersons; (6) The transfer of a salesperson’s permit from one operator to another; (7) Administering examinations for salespersons; (8) Amending the registration or the public offering statement; (9) Conducting site inspections; (10) Granting exemptions under this chapter; (11) Penalties for registrants in any situation where a registrant has failed to file an amendment to the registration or the public offering statement in a timely manner for material changes, as required in this chapter and its implementing rules. [1988 c 159 § 18.] 19.105.411 19.105.420 Resort contracts—Registration, duration—Renewal, amendment—Renewal of prior permits. A registration of camping resort contracts shall be effective for a period of one year and may, upon application, be renewed for successive periods of one year each, unless the director prescribes a shorter period for a permit or registration. A camping resort contract registration shall be amended if there is to be an increase in inventory or consolidation to the number of camping resort contracts registered, or in instances in which new contract forms are to be offered. Consolidations, new contract forms, the adding of resorts to the 19.105.420 [Title 19 RCW—page 164] program, or amendments for material changes shall become effective in the manner provided by RCW 19.105.330. The written disclosures required to be furnished prospective purchasers under RCW 19.105.370 shall be supplemented by amendment request in writing as necessary to keep the required information reasonably current and reflective of material changes. Amendments shall be filed with the director as provided in RCW 19.105.360. The foregoing notwithstanding, however, the camping resort operator or registrant shall file an amendment to the registration disclosing any event which will have a material effect on the conduct of the operation of the camping resort, the financial condition of the camping resort, or the future availability of the camping resort properties to purchasers. The amendment shall be filed within thirty days following the event. The amendment shall be treated as an original application for registration, except that until the director has acted upon the application for amendment the applicant’s registration shall continue to be deemed effective for the purposes of RCW 19.105.310. Any permit to sell camping resort memberships issued prior to November 1, 1982, shall be deemed a camping resort registration subject to the renewal provisions of this chapter upon the anniversary date of the issuance of the original permit. [1988 c 159 § 19; 1982 c 69 § 13.] 19.105.430 19.105.430 Unlawful to act as salesperson without registering—Exemptions. Unless the transaction is exempt under RCW 19.105.325, it is unlawful for any person to act as a camping resort salesperson in this state without first registering under this chapter as a salesperson or being licensed as a salesperson under chapter 18.85 RCW or a broker licensed under that chapter. [1988 159 § 20; 1982 c 69 § 14.] 19.105.440 19.105.440 Registration as salesperson—Application—Unprofessional conduct—Assurances of discontinuance—Renewal of registration—Support order, noncompliance. (1) A salesperson may apply for registration by filing in a complete and readable form with the director an application form provided by the director that includes the following: (a) A statement whether or not the applicant has been found to have engaged in any violation of any act designed to protect consumers and whether the applicant is qualified for licensure under RCW 18.235.130; (b) A statement fully describing the applicant’s employment history for the past five years and whether or not any termination of employment was the result of any theft, fraud, or act of dishonesty; (c) A consent to service comparable to that required of operators under this chapter; and (d) Required filing fees. (2) In addition to the unprofessional conduct specified in RCW 18.235.130, the director may take disciplinary action against a camping resort salesperson’s registration or application for registration under this chapter or the person’s license or application under chapter 18.85 RCW for any of the following conduct, acts, or conditions: (a) Violating any of the provisions of this chapter or any lawful rules adopted by the director pursuant thereto; (2008 Ed.) Camping Resorts (b) Making, printing, publishing, distributing, or causing, authorizing, or knowingly permitting the making, printing, publication, or distribution of false statements, descriptions, or promises of such character as to reasonably induce any person to act thereon, if the statements, descriptions, or promises purport to be made or to be performed by either the applicant or registrant and the applicant or registrant then knew or, by the exercise of reasonable care and inquiry, could have known, of the falsity of the statements, descriptions, or promises; (c) Knowingly committing, or being a party to, any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, scheme, or device whereby any other person lawfully relies upon the work, representation, or conduct of the applicant or registrant; (d) Continuing to sell camping resort contracts in a manner whereby the interests of the public are endangered, if the director has, by order in writing, stated objections thereto; (e) Misrepresentation of membership in any state or national association; or (f) Discrimination against any person in hiring or in sales activity on the basis of race, color, creed, or national origin, or violating any state or federal antidiscrimination law. (3) The director, subsequent to any complaint filed against a salesperson or pursuant to an investigation to determine violations, may enter into stipulated assurances of discontinuances in lieu of issuing a statement of charges or a cease and desist order or conducting a hearing. The assurance shall consist of a statement of the law in question and an agreement not to violate the stated provision. The salesperson shall not be required to admit to any violation of the law, nor shall the assurance be construed as such an admission. Violation of an assurance under this subsection is grounds for disciplinary action. (4) The director may by rule require such further information or conditions for registration as a camping resort salesperson, including qualifying examinations and fingerprint cards prepared by authorized law enforcement agencies, as the director deems necessary to protect the interests of purchasers. (5) Registration as a camping resort salesperson shall be effective for a period of one year unless the director specifies otherwise or the salesperson transfers employment to a different registrant. Registration as a camping resort salesperson shall be renewed annually, or at the time of transferring employment, whichever occurs first, by the filing of a form prescribed by the director for that purpose. (6) It is unlawful for a registrant of camping resort contracts to employ or a person to act as a camping resort salesperson covered under this section unless the salesperson has in effect with the department and displays a valid registration in a conspicuous location at each of the sales offices at which the salesperson is employed. It is the responsibility of both the operator and the salesperson to notify the department when and where a salesperson is employed, his or her responsibilities and duties, and when the salesperson’s employment or reported duties are changed or terminated. (7) The director shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support (2008 Ed.) 19.105.470 order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director’s receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order. [2002 c 86 § 274; 1997 c 58 § 851; 1988 c 159 § 21; 1982 c 69 § 15.] Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 19.105.450 Investigations—Scope—Publishing information. The director may make such public or private investigations or may make such requests for information, within or without this state, as the director deems necessary to determine whether any registration should be granted, denied, suspended, or revoked, or a fine imposed, or whether any person has violated or is about to violate any of the provisions of this chapter or any rule, order, or permit under this chapter, or to aid in the enforcement of this chapter or in prescribing of rules and forms under, and amendments to, this chapter and may publish information concerning any violation of this chapter or any rule or order under this chapter. [1988 c 159 § 22; 1982 c 69 § 16.] 19.105.450 19.105.470 Cease and desist orders—Utilizing temporary order, injunction, restraining order, or writ of mandamus. (1) Whenever it appears to the director that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter, any withdrawal of a camping resort property in violation of RCW 19.105.380(1)(o), or any rule, order, or permit issued under this chapter, the director may in his or her discretion issue an order directing the person to cease and desist from continuing the act or practice. The procedures in RCW 18.235.150 apply to these cease and desist orders. However, the director may issue a temporary order pending the hearing which shall be effective immediately upon delivery to the person affected and which shall remain in effect until ten days after the hearing is held and which shall become final if the person to whom notice is addressed does not request a hearing. (2) If it appears necessary in order to protect the interests of members and purchasers, whether or not the director has issued a cease and desist order, the attorney general in the name of the state, the director, the proper prosecuting attorney, an affiliated members’ common-interest association, or a group of members as a class, may bring an action in any court of competent jurisdiction to enjoin any such acts or practices and to enforce compliance with this chapter or any rule, order, or permit under this chapter. Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted and a receiver or conservator may be appointed for the defendant, for the defendant’s assets, or to protect the interests or assets of a mem19.105.470 [Title 19 RCW—page 165] 19.105.480 Title 19 RCW: Business Regulations—Miscellaneous bers’ common-interest association or the members of a camping resort as a class. The state, the director, a members’ common-interest association, or members as a class shall not be required to post a bond in such proceedings. [2002 c 86 § 275; 2000 c 171 § 69; 1988 c 159 § 23; 1982 c 69 § 18.] Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 19.105.480 Violations—As gross misdemeanors— Statute of limitations. (1) Any person who willfully fails to register an offering of camping resort contracts under this chapter is guilty of a gross misdemeanor. (2) It is a gross misdemeanor for any person in connection with the offer or sale of any camping resort contracts willfully and knowingly: (a) To make any untrue or misleading statement of a material fact, or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; (b) To employ any device, scheme, or artifice to defraud; (c) To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person; (d) To file, or cause to be filed, with the director any document which contains any untrue or misleading information; (e) To breach any impound, escrow, trust, or other security arrangement provided for by this chapter; (f) To cause the breaching of any trust, escrow, impound, or other arrangement placed in a registration for compliance with RCW 19.105.336; or (g) To employ unlicensed salespersons or permit salespersons or employees to make misrepresentations or violate this chapter. (3) No indictment or information may be returned under this chapter more than five years after the date of the event alleged to have been a violation. [2003 c 53 § 152; 1988 c 159 § 24; 1982 c 69 § 19.] contracts registered under this chapter are exempt from the provisions of chapters 21.20 and 58.19 RCW and any act in this state regulating the offer and sale of land developments, real estate cooperatives, or time shares. Nothing in this chapter prevents counties or cities from enacting ordinances or resolutions setting platting or subdivision requirements solely for camping resorts or for camping resorts as subdivisions or binding site plans if appropriate to chapter 58.17 RCW or local ordinances. [1988 c 159 § 25; 1982 c 69 § 22.] 19.105.480 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 19.105.490 Violations—Referral to attorney general or prosecuting attorney. The director may refer such evidence as may be available concerning violations of this chapter or of any rule or order under this chapter to the attorney general or the proper prosecuting attorney who may in his discretion, with or without such a reference, institute the appropriate civil or criminal proceedings under this chapter. [1982 c 69 § 20.] 19.105.490 19.105.520 Unlawful to represent director’s administrative approval as determination as to merits of resort— Penalty. (1) Neither the fact that an application for registration nor the written disclosures required by this chapter have been filed, nor the fact that a camping resort contract offering has been effectively registered or exempted, constitutes a finding by the director that the offering or any document filed under this chapter is true, complete, and not misleading, nor does the fact mean that the director has determined in any way the merits or qualifications of or recommended or given approval to any person, camping resort operator, or camping resort contract transaction. (2) It is a gross misdemeanor to make or cause to be made to any prospective purchaser any representation inconsistent with this section. [2003 c 53 § 153; 1988 c 159 § 26; 1982 c 69 § 24.] 19.105.520 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 19.105.530 Rules, forms, orders—Administration of chapter. (1) The director may make, amend, and repeal rules, forms, and orders when necessary to carry out the provisions of this chapter. (2) The director may appoint those persons within the department deemed necessary to administer this chapter. The director may delegate to such persons any powers, subject to the authority of the director, that may be necessary to carry out this chapter, including the issuance and processing of administrative proceedings and entering into stipulations under RCW 19.105.380. [1988 c 159 § 27; 1982 c 69 § 25.] 19.105.530 19.105.540 Administrative procedure act application. Chapter 34.05 RCW shall apply to any administrative procedures carried out by the director under this chapter unless otherwise provided in this chapter. [1982 c 69 § 26.] 19.105.540 19.105.550 Administration. This chapter shall be administered by the director of licensing. [1982 c 69 § 27.] 19.105.550 19.105.560 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 276.] 19.105.560 19.105.500 Violations—Application of consumer protection act. For the purposes of application of the consumer protection act, chapter 19.86 RCW, any material violation of the provisions of this chapter shall be construed to constitute an unfair or deceptive act or practice or unfair method of competition in the conduct of trade or commerce. [1982 c 69 § 21.] Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 19.105.510 Resort contracts—Nonapplicability of certain laws—County and city powers. Camping resort 19.105.910 Construction—Chapter as cumulative and nonexclusive. Except as specifically provided in RCW 19.105.500 19.105.510 [Title 19 RCW—page 166] Effective dates—2002 c 86: See note following RCW 18.08.340. 19.105.910 (2008 Ed.) Uniform Trade Secrets Act 19.105.510, the provisions of this chapter are cumulative and nonexclusive and do not affect any other remedy available at law. [1982 c 69 § 23.] 19.105.920 Severability—1982 c 69. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1982 c 69 § 29.] 19.105.920 19.105.930 Effective date—1982 c 69. This act shall take effect on November 1, 1982. [1982 c 69 § 32.] 19.105.930 Chapter 19.108 Chapter 19.108 RCW UNIFORM TRADE SECRETS ACT Sections 19.108.010 19.108.020 19.108.030 19.108.040 19.108.050 19.108.060 19.108.900 19.108.910 19.108.920 19.108.930 19.108.940 Definitions. Remedies for misappropriation—Injunction, royalty. Remedies for misappropriation—Damages. Award of attorney’s fees. Court orders to preserve secrecy of alleged trade secrets. Actions for misappropriation—Time limitation. Effect of chapter on other law. Construction of uniform act. Short title. Effective date—Application—1981 c 286. Severability—1981 c 286. Requiring assignment of employee’s rights to inventions: RCW 49.44.140, 49.44.150. 19.108.010 Definitions. Unless the context clearly requires otherwise, the definitions set forth in this section apply throughout this chapter. (1) "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means; (2) "Misappropriation" means: (a) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or (b) Disclosure or use of a trade secret of another without express or implied consent by a person who: (i) Used improper means to acquire knowledge of the trade secret; or (ii) At the time of disclosure or use, knew or had reason to know that his or her knowledge of the trade secret was (A) derived from or through a person who had utilized improper means to acquire it, (B) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use, or (C) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or (iii) Before a material change of his or her position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. (3) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. (4) "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process that: 19.108.010 (2008 Ed.) 19.108.900 (a) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. [1981 c 286 § 1.] 19.108.020 Remedies for misappropriation—Injunction, royalty. (1) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation. (2) If the court determines that it would be unreasonable to prohibit future use, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time the use could have been prohibited. (3) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order. [1981 c 286 § 2.] 19.108.020 19.108.030 Remedies for misappropriation—Damages. (1) In addition to or in lieu of injunctive relief, a complainant may recover damages for the actual loss caused by misappropriation. A complainant also may recover for the unjust enrichment caused by misappropriation that is not taken into account in computing damages for actual loss. (2) If wilful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (1). [1981 c 286 § 3.] 19.108.030 19.108.040 Award of attorney’s fees. If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or wilful and malicious misappropriation exists, the court may award reasonable attorney’s fees to the prevailing party. [1981 c 286 § 4.] 19.108.040 19.108.050 Court orders to preserve secrecy of alleged trade secrets. In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval. [1981 c 286 § 5.] 19.108.050 19.108.060 Actions for misappropriation—Time limitation. An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim. [1981 c 286 § 6.] 19.108.060 19.108.900 Effect of chapter on other law. (1) This chapter displaces conflicting tort, restitutionary, and other law of this state pertaining to civil liability for misappropriation of a trade secret. 19.108.900 [Title 19 RCW—page 167] 19.108.910 Title 19 RCW: Business Regulations—Miscellaneous (2) This chapter does not affect: (a) Contractual or other civil liability or relief that is not based upon misappropriation of a trade secret; or (b) Criminal liability for misappropriation of a trade secret. [1981 c 286 § 7.] Theft of trade secrets: RCW 9A.56.010(6), 9A.56.020. 19.108.910 Construction of uniform act. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. [1981 c 286 § 8.] 19.108.910 19.108.920 Short title. This chapter may be known and cited as the uniform trade secrets act. [1981 c 286 § 9.] 19.108.920 19.108.930 Effective date—Application—1981 c 286. This chapter takes effect on January 1, 1982, and does not apply to misappropriation occurring prior to the effective date. [1981 c 286 § 12.] 19.108.930 19.108.940 Severability—1981 c 286. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1981 c 286 § 10.] 19.108.940 Chapter 19.110 RCW BUSINESS OPPORTUNITY FRAUD ACT Chapter 19.110 Sections 19.110.010 19.110.020 19.110.030 19.110.040 19.110.050 19.110.060 19.110.070 19.110.075 19.110.080 19.110.090 19.110.100 19.110.110 19.110.120 19.110.130 19.110.140 19.110.150 19.110.160 19.110.170 19.110.180 19.110.190 19.110.900 19.110.910 19.110.920 19.110.930 Legislative declaration. Definitions. Sale or lease of business opportunity—Offer to sell or lease business opportunity—Occurrence in Washington. Application of chapter. Persons proposing to sell or lease business opportunity—Registration required—Application—Renewal—Denial, suspension, or revocation of registration. Registration fees. Disclosure document required—Contents. Business opportunity fraud—Penalties. Disclosure document—Director authorized to accept alternative. Persons proposing to sell or lease business opportunity—Service of process. Seller to provide surety bond or trust account—Action by state or injured person—Damages. Business opportunity contract—Content—Cancellation period. Unlawful acts. Liability of seller for violation of chapter—Remedies—Damages. Director authorized to investigate violations—Authority to subpoena witnesses or require production of documents. Order to cease and desist—Hearing—Notice. Actions by attorney general or prosecuting attorney to enjoin violations—Injunction—Appointment of receiver or conservator—Civil penalties. Violations constitute unfair practice. Authority of director to issue rules, forms, orders, interpretive opinions. Appointment of administrator—Delegation of powers. Chapter cumulative and nonexclusive. Short title. Severability—1981 c 155. Effective date—1981 c 155. Reviser’s note: Powers, duties, and functions of the department of licensing relating to business opportunities were transferred to the department of financial institutions by 1993 c 472, effective October 1, 1993. See RCW 43.320.011. [Title 19 RCW—page 168] 19.110.010 Legislative declaration. The legislature finds and declares that the widespread and unregulated sale of business opportunities has become a common area of investment problems and deceptive practices in the state of Washington. As a result, the provisions of this chapter are necessary to counteract the potential negative impact of the sale of business opportunities upon the economy of the state. [1981 c 155 § 1.] 19.110.010 19.110.020 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Business opportunity" means the sale or lease of any product, equipment, supply, or service which is sold or leased to enable the purchaser to start a business; and: (a) The seller represents that the seller will provide locations or assist the purchaser in finding locations, on premises neither owned nor leased by the purchaser or seller, for the use or operation of vending machines, display racks, cases, or similar devices or coin-operated amusement machines or similar devices; or (b) The seller represents that the seller will purchase any product made, produced, fabricated, assembled, modified, grown, or bred by the purchaser using, in whole or part, any product, equipment, supply, or service sold or leased to the purchaser by the seller; or (c) The seller guarantees that the purchaser will earn an income greater than or equal to the price paid for the business opportunity; or (d) The seller represents that if the purchaser pays a fee exceeding three hundred dollars directly or indirectly for the purpose of the seller providing a sales or marketing program, the seller will provide such a program which will enable the purchaser to derive income from the business opportunity which exceeds the price paid for the business opportunity. (2) "Person" includes an individual, corporation, partnership, joint venture, or any business entity. (3) "Seller" means a person who sells or leases a business opportunity. (4) "Purchaser" means a person who buys or leases a business opportunity. (5) "Director" means the director of financial institutions. (6) "Guarantee" means an undertaking by the seller to refund all or a portion of the purchase price paid for the business opportunity. [1994 c 92 § 4; 1981 c 155 § 2.] 19.110.020 19.110.030 Sale or lease of business opportunity— Offer to sell or lease business opportunity—Occurrence in Washington. (1) An offer to sell or offer to lease a business opportunity occurs in Washington when: (a) The offer is made in Washington; or (b) The purchaser resides in Washington at the time of the offer and the business opportunity is or will be located, in whole or in part, in the state of Washington; or (c) The offer originates from Washington; or (d) The business opportunity is or will be, in whole or in part, located in Washington. (2) An offer does not occur in Washington if a seller advertises only in a newspaper having more than two-thirds of its circulation outside the state of Washington, or on a 19.110.030 (2008 Ed.) Business Opportunity Fraud Act radio or television program originating outside the state and does not sell or lease business opportunities in Washington. (3) A sale or lease of a business opportunity occurs in Washington when: (a) The sale or lease is made in Washington; or (b) The purchaser resides in Washington at the time of the sale or lease, and the business opportunity is or will be located, in whole or in part, in Washington; or (c) The business opportunity is or will be located in Washington. [1981 c 155 § 3.] 19.110.040 Application of chapter. Nothing in this chapter applies to: (1) A radio station, television station, publisher, printer, or distributor of a newspaper, magazine, billboard, or other advertising medium which accepts advertising in good faith without knowledge of its violation of any provision of this chapter; (2) A franchise subject to the provisions of chapter 19.100 RCW; (3) A security subject to the provisions of chapter 21.20 RCW; (4) A newspaper distribution system; (5) The sale, lease, or transfer of a business opportunity by a purchaser if the purchaser sells only one business opportunity in any twelve-month period; (6) The not-for-profit sale of sales demonstration equipment, materials, or samples where the total cost does not exceed five hundred dollars; (7) A marketing program made in conjunction with licensing of a registered trademark or service mark for which no consideration is paid. Any consideration paid in conjunction with the purchase of goods at a bona fide wholesale price does not constitute consideration under this subsection; or (8) A transaction regulated pursuant to chapter 18.85 RCW. [1981 c 155 § 4.] 19.110.040 19.110.050 Persons proposing to sell or lease business opportunity—Registration required—Application— Renewal—Denial, suspension, or revocation of registration. (1) Any person who proposes to sell or lease a business opportunity must register prior to advertising, soliciting, or making any offer, sale, or lease in this state. (2) Any person proposing to sell or lease a business opportunity must apply for registration by filing with the director: (a) A copy of the disclosure document required by RCW 19.110.070; (b) An irrevocable consent to service of process; (c) The prescribed registration fee; and (d) Copies of all advertisements intended to be used in connection with the offer and sale of the business opportunity. (3) If the application meets the requirements for registration, the director shall issue a registration number to the applicant. The applicant must include the number in every advertisement in this state. (4) Registration is effective for one year. An applicant must renew registration annually unless the director extends 19.110.050 (2008 Ed.) 19.110.070 the duration of registration in order to stagger renewal periods. The renewal application must contain: (a) Any new information necessary to comply with the disclosure requirements of RCW 19.110.070; (b) The prescribed renewal fee; and (c) Copies of any and all advertisements intended to be used in connection with the offer and sale of the business opportunity. (5) The applicant must amend the registration whenever there is any material change in the required information. (6) The applicant must file copies of all advertisements offering business opportunities seven days before their intended use. (7) The director may issue an order denying, suspending, or revoking any applicant’s registration if the director finds that the order is in the public interest and that: (a) The registration application is incomplete or contains any statement which is false or misleading with respect to any material fact; or (b) Any provision of this chapter or any rule or order lawfully imposed under this chapter has been violated; or (c) The business opportunity includes or would include activities which are illegal; or (d) The business opportunity has worked or tended to work a fraud on purchasers or would so operate. (8) The director shall promptly notify the applicant of any order denying, suspending, or revoking registration. The applicant may request a hearing within fifteen days of notification. If the applicant does not request a hearing, the order remains in effect until the director modifies or vacates it. The applicant shall be notified of the right to request a hearing within fifteen days. [1981 c 155 § 5.] 19.110.060 Registration fees. The director shall charge and collect the fees specified by this section. All fees are nonrefundable and shall be deposited in the state treasury. (1) The registration fee is two hundred dollars. (2) The renewal fee is one hundred twenty-five dollars. (3) The amendment fee is thirty dollars. [1981 c 155 § 6.] 19.110.060 19.110.070 Disclosure document required—Contents. The seller shall provide the purchaser a written disclosure document at least forty-eight hours before the purchaser signs a business opportunity contract. The cover sheet of the disclosure document shall be entitled: "DISCLOSURES REQUIRED BY THE STATE OF WASHINGTON." The following statement shall appear under the title: "The state of Washington has not reviewed and does not approve, recommend, endorse, or sponsor any business opportunity. The information contained in this disclosure has not been verified by the state. If you have any questions about this investment, see an attorney before you sign a contract." The cover sheet shall contain only the required title and statement, and both shall be in at least ten point type. The disclosure document shall include at least the following information: (1) The official name, address, and principal place of business of the seller and of any parent or affiliated company, or any predecessors; 19.110.070 [Title 19 RCW—page 169] 19.110.075 Title 19 RCW: Business Regulations—Miscellaneous (2) The names, addresses, and titles of the seller’s officers, directors, trustees, general partners, general managers, principal executives, and any other persons responsible for the seller’s business opportunity activities; (3) A statement disclosing which, if any, of the persons listed in subsections (1) or (2) of this section: (a) Has, at any time during the previous ten years, been convicted of a felony or pleaded nolo contendere to a felony charge if the felony involved fraud (including violation of any franchise or business opportunity law or unfair or deceptive practices law), embezzlement, fraudulent conversion, misappropriation of property, or restraint of trade; (b) Has, at any time during the previous ten years, been held liable in a civil action resulting in a final judgment or has settled out of court any civil action or is a party to any civil action involving allegations of fraud (including violation of any franchise or business opportunity law or unfair or deceptive practices law), embezzlement, fraudulent conversion, misappropriation of property, or restraint of trade, or any civil action which was brought by a present or former purchaser or purchasers and which involves or involved the business opportunity; (c) Is subject to any currently effective state or federal agency or court injunctive or restrictive order, or is a party to a proceeding currently pending in which such order is sought, relating to or affecting business opportunities activities or the business opportunity seller-purchaser relationship, or involving fraud (including violation of any franchise or business opportunity law or unfair or deceptive practices law), embezzlement, fraudulent conversion, misappropriation of property, or restraint of trade. The statement shall include the identity and location of the court or agency, the date of conviction, judgment, or decision, the penalty imposed, the damages assessed, the terms of settlement or the terms of the order, and the date, nature, terms, and conditions of each such order or ruling; (4) A statement disclosing which, if any, of the persons listed in subsections (1) and (2) of this section has, at any time during the previous ten years: (a) Filed in bankruptcy; or (b) Been adjudged bankrupt; or (c) Been reorganized due to insolvency; or (d) Been a principal, director, executive officer, or partner of any other person who has filed in bankruptcy, been adjudged bankrupt, or been reorganized due to insolvency; (5) A statement of when, where, and how long the seller has: (a) Offered, sold, or leased business opportunity plans; and (b) Offered, sold, or leased the specific business opportunity plan offered to the purchaser; and (c) Operated a business of the type offered to the purchaser; (6) A statement disclosing: (a) The total number of business opportunities which the seller has sold or leased; and (b) The number of failures of business opportunities which the seller has sold or leased; (7) The terms and conditions of payment, including the initial payment, downpayment, and any additional or recurring payments; [Title 19 RCW—page 170] (8) A copy of any statement concerning estimated or projected sales or earnings, the data on which the estimations or projections are based, and an explanation of the extent to which the data relates to the actual operations of the business opportunity offered to the purchaser; (9) A copy of the bond or written notice of the depository, the name of the trustee, and account number of the trust account, if the seller is required by RCW 19.110.100 to establish either a bond or trust account; (10) A copy of the seller’s current (not more than three months old) financial statement and any amendments necessary to reflect material changes in the seller’s financial condition; (11) An unexecuted copy of any business opportunity contract or agreement which the purchaser may be required to sign; (12) Any additional information which the director requires by rule or order. [1981 c 155 § 7.] 19.110.075 Business opportunity fraud—Penalties. (1) Any person who violates RCW 19.110.050 or 19.110.070 is guilty of a gross misdemeanor. (2) Any person who knowingly violates RCW 19.110.050 or 19.110.070 is guilty of a class B felony punishable according to chapter 9A.20 RCW. (3) No indictment or information for a felony may be returned under this chapter more than five years after the alleged violation. [2003 c 53 § 156.] 19.110.075 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 19.110.080 Disclosure document—Director authorized to accept alternative. The director may, by rule or order: (1) Accept any disclosure document filed with agencies of the United States or any other state; or (2) Accept any disclosure document compiled in accordance with any rule or regulation of any agency of the United States or any other state; or (3) Waive disclosure of information which is inapplicable or unnecessary for protection of purchasers. [1981 c 155 § 8.] 19.110.080 19.110.090 Persons proposing to sell or lease business opportunity—Service of process. Every person who proposes to sell or lease a business opportunity in this state through any person acting on an agency basis in the common law sense shall file with the director, in such form as the director by rule prescribes, an irrevocable consent appointing the director or the director’s successor in office to be the attorney of the applicant to receive service of any lawful process in any noncriminal suit, action, or proceeding against the applicant or the applicant’s successor, executor, or administrator which arises under this chapter or any rule or order hereunder after the consent has been filed, with the same force and validity as if served personally on the person filing the consent. A person who has filed a consent in connection with a previous registration need not file another. Service may be made by leaving a copy of the process in the office of the director, but it is not effective unless (1) the plaintiff, who 19.110.090 (2008 Ed.) Business Opportunity Fraud Act may be the director in a suit, action, or proceeding instituted by him or her, forthwith sends notice of the service and a copy of the process by registered mail to the defendant or respondent at the last address of the respondent or defendant on file with the director, and (2) the plaintiff’s affidavit of compliance with this section is filed in the case on or before the return day of the process, if any, or within such further time as the court allows. [1981 c 155 § 9.] 19.110.140 The notice must be postmarked before midnight of the seventh day exclusive of Saturday, Sunday, and holidays after you sign the contract. The seller shall return all deposits and payments within ten days after receipt of your cancellation notice. You must make available to the seller all equipment, products, and supplies provided by the seller within ten days after receipt of all refunded deposits and payments." [1981 c 155 § 11.] 19.110.100 19.110.100 Seller to provide surety bond or trust account—Action by state or injured person—Damages. (1) If the seller makes any guarantee described in RCW 19.110.020(1)(c), the seller shall have a surety bond issued by a surety company authorized to do business in Washington or a trust account with a licensed and insured bank or savings institution located in the state of Washington. The trustee shall be acceptable to the director. The bond or the trust account shall be at least fifty thousand dollars. The director may, by rule or order, establish procedures for the initiation, operation, or termination of any bond or trust account required under this section. (2) The bond or trust account shall be in the name of the state of Washington. It shall be for the benefit of the state and any person injured by any violation of this chapter, or by the seller’s breach of any business opportunity contract or obligation arising from a business opportunity contract. The state may bring an action against the bond or trust account to recover penalties. The state or an injured person may bring an action against the bond or trust account for damages to the injured person. The liability of the surety or trustee shall be only for actual damages and shall not exceed the amount of the bond or trust account. [1981 c 155 § 10.] 19.110.110 19.110.110 Business opportunity contract—Content—Cancellation period. (1) Every business opportunity contract shall be in writing and shall be dated and signed by the purchaser. (2) The seller shall provide the purchaser with a copy of the completed contract at the time the purchaser signs the contract. (3) The seller may not receive any consideration before the purchaser signs a business opportunity contract. (4) The contract shall include the following notifications, in ten point type, immediately above the space for the purchaser’s signature: (a) "Do not sign this contract if any of the spaces for agreed terms are blank." (b) "Do not sign this contract unless you received a written disclosure document from the seller at least forty-eight hours before signing." (c) "You are entitled to a copy of this contract at the time you sign it." (d) "You have seven days exclusive of Saturday, Sunday, and holidays to cancel this contract for any reason by sending written notice to the seller by certified mail, return receipt requested. Notice of cancellation should be mailed to: ............................................. (seller’s name and business street address) (2008 Ed.) 19.110.120 19.110.120 Unlawful acts. (1) It is unlawful for any person to: (a) Make any untrue or misleading statement of a material fact or to omit to state a material fact in connection with the offer, sale, or lease of any business opportunity in the state; or (b) Employ any device, scheme, or artifice to defraud; or (c) Engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person; or (d) Knowingly file or cause to be filed with the director any document which contains any untrue or misleading information; or (e) Knowingly violate any rule or order of the director. (2) A violation of this section is a class B felony punishable according to chapter 9A.20 RCW. [2003 c 53 § 154; 1981 c 155 § 12.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 19.110.130 19.110.130 Liability of seller for violation of chapter—Remedies—Damages. Any seller who violates any provision of this chapter is liable to the purchaser. The purchaser may sue for actual damages, or an injunction, or rescission, or other relief. In addition, the purchaser may sue for costs of suit, including a reasonable attorney’s fee. The court may increase the amount of damages awarded up to three times the amount of actual damages. [1981 c 155 § 13.] 19.110.140 19.110.140 Director authorized to investigate violations—Authority to subpoena witnesses or require production of documents. The director may make public or private investigations within or outside the state of Washington to determine whether any person has violated or is about to violate any provision of this chapter or any rule or order issued under this chapter. The director, or any officer designated by the director, may administer oaths and affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director deems relevant to the inquiry. If any person fails to comply with a lawful subpoena, or refuses to testify under lawful interrogation, or refuses to produce documents and records, the director may apply to the superior court of any county for relief. After satisfactory evidence of wilful disobedience, the court may compel obedience by proceedings for contempt. [1981 c 155 § 14.] [Title 19 RCW—page 171] 19.110.150 Title 19 RCW: Business Regulations—Miscellaneous 19.110.150 19.110.150 Order to cease and desist—Hearing— Notice. (1) The director may order any person to cease and desist from an act or practice if it appears that the person is violating or is about to violate any provision of this chapter or any rule or order issued under this chapter. (2) Reasonable notice of and opportunity for a hearing shall be given. The director may issue a temporary order to cease and desist pending the hearing. The temporary order shall remain in effect until ten days after the hearing. If a person does not request a hearing within fifteen days of receiving an order to cease and desist, the order becomes final. Any person who is named in the order to cease and desist shall be notified of the right to request a hearing within fifteen days. [1981 c 155 § 15.] 19.110.160 19.110.160 Actions by attorney general or prosecuting attorney to enjoin violations—Injunction—Appointment of receiver or conservator—Civil penalties. (1)(a) The attorney general, in the name of the state or the director, or the proper prosecuting attorney may bring an action to enjoin any person from violating any provision of this chapter. Upon proper showing, the superior court shall grant a permanent or temporary injunction, restraining order, or writ of mandamus. The court may make such additional orders or judgments as may be necessary to restore to any person in interest and money or property, real or personal, which may have been acquired by means of an act prohibited or declared unlawful by this chapter. The prevailing party may recover costs of the action, including a reasonable attorney’s fee. (b) The superior court issuing an injunction shall retain jurisdiction. Any person who violates the terms of an injunction shall pay a civil penalty of not more than twenty-five thousand dollars. (2) The attorney general, in the name of the state or the director, or the proper prosecuting attorney may apply to the superior court to appoint a receiver or conservator for any person, or the assets of any person, who is subject to a cease and desist order, permanent or temporary injunction, restraining order, or writ of mandamus. (3) Any person who violates any provision of this chapter except as provided in subsection (1)(b) of this section, is subject to a civil penalty not to exceed two thousand dollars for each violation. Civil penalties authorized by this subsection may be imposed in any civil action brought by the attorney general or proper prosecuting attorney under this chapter and shall be deposited in the state treasury. Any action for recovery of such civil penalty shall be commenced within five years. (4) The director may refer evidence concerning violations of this chapter to the attorney general or proper prosecuting attorney. The prosecuting attorney, or the attorney general pursuant to authority granted by RCW 10.01.190, 43.10.230, 43.10.232, and 43.10.234 may, with or without such reference, institute appropriate criminal proceedings. [2003 c 53 § 155; 1981 c 155 § 16.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. [Title 19 RCW—page 172] 19.110.170 Violations constitute unfair practice. Any violation of this chapter is declared to be an unfair act or practice or unfair method of competition in the conduct of trade or commerce for the purpose of application of the Consumer Protection Act, chapter 19.86 RCW. [1981 c 155 § 20.] 19.110.170 19.110.180 Authority of director to issue rules, forms, orders, interpretive opinions. The director may make, amend, and repeal rules, forms, and orders as necessary to carry out the provisions of this chapter. The director may honor requests for interpretive opinions. [1981 c 155 § 17.] 19.110.180 19.110.190 Appointment of administrator—Delegation of powers. The director shall appoint a competent person to administer this chapter. The director shall delegate to an administrator such powers, subject to the authority of the director, as may be necessary to carry out the provisions of this chapter. The administrator will hold office at the pleasure of the director. [1981 c 155 § 18.] 19.110.190 19.110.900 Chapter cumulative and nonexclusive. The provisions of this chapter are cumulative and nonexclusive and do not affect any other remedy available at law. [1981 c 155 § 19.] 19.110.900 19.110.910 Short title. This chapter may be known and cited as the Business Opportunity Fraud Act. [1981 c 155 § 22.] 19.110.910 19.110.920 Severability—1981 c 155. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1981 c 155 § 21.] 19.110.920 19.110.930 Effective date—1981 c 155. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1981. [1981 c 155 § 25.] 19.110.930 Chapter 19.112 Chapter 19.112 RCW MOTOR FUEL QUALITY ACT Sections 19.112.005 19.112.010 19.112.020 19.112.030 19.112.040 19.112.050 19.112.060 19.112.070 19.112.080 19.112.090 19.112.100 19.112.110 19.112.120 19.112.130 19.112.140 Purpose. Definitions. Administration of chapter—Standards—Testing laboratory. Director’s authority. Motor fuel registration. Unlawful acts. Penalties. Injunctive relief. Chapter in addition to chapter 19.94 RCW. Air pollution reduction—Variances from ASTM. Methyl tertiary-butyl ether. Special fuel licensees—Required sales of biodiesel fuel— Rules. Motor vehicle fuel licensees—Required sales of denatured ethanol—Rules—Limitation of section. Information submitted under RCW 19.112.110 or 19.112.120—Limitation on release. Standards for biodiesel fuel/fuel blended with biodiesel fuel— Rules. (2008 Ed.) Motor Fuel Quality Act 19.112.150 19.112.160 19.112.170 19.112.180 19.112.900 19.112.901 19.112.902 19.112.903 19.112.904 Biofuels advisory committee. Governor’s authority to suspend certain minimum renewable fuel content requirements. Determination of the supply of certain fuels—Notification— Declaration concerning the applicability of RCW 19.112.110 or 19.112.120. Goals under RCW 19.112.170—Report—Executive request legislation. Short title. Severability—1990 c 102. Effective date—1990 c 102. Effective date—2006 c 338. Severability—2006 c 338. 19.112.005 Purpose. It is desired that there should be uniformity among the requirements of the several states. This chapter provides for the establishment of quality specifications for all liquid motor fuels, except aviation fuel, marine fuel, and liquefied petroleum gases, and establishes a sampling, testing, and enforcement program. [1990 c 102 § 1.] 19.112.005 19.112.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Alcohol fuel" means any alcohol made from a product other than petroleum or natural gas that is used alone or in combination with gasoline or other petroleum products for use as a fuel in self-propelled motor vehicles. (2) "Alternative fuel" means all products or energy sources used to propel motor vehicles, other than conventional gasoline, diesel, or reformulated gasoline. Alternative fuel includes, but is not limited to, liquefied petroleum gas, liquefied natural gas, compressed natural gas, biodiesel fuel, E85 motor fuel, fuels containing seventy percent or more by volume of alcohol fuel, fuels that are derived from biomass, hydrogen fuel, anhydrous ammonia fuel, nonhazardous motor fuel, or electricity, excluding onboard electric generation. (3) "Biodiesel fuel" means the monoalkyl esters of long chain fatty acids derived from plant or animal matter that meet the registration requirements for fuels and fuel additives established by the federal environmental protection agency and standards established by the American society of testing and materials. (4) "Diesel" means special fuel as defined in RCW 82.38.020, and diesel fuel dyed in accordance with the regulations in 26 C.F.R. Sec. 48.4082-1T as of October 24, 2005. (5) "Director" means the director of agriculture. (6) "E85 motor fuel" means an alternative fuel that is a blend of ethanol and hydrocarbon of which the ethanol portion is nominally seventy-five to eighty-five percent denatured fuel ethanol by volume that complies with the most recent version of American society of testing and materials specification D 5798. (7) "Motor fuel" means any liquid product used for the generation of power in an internal combustion engine used for the propulsion of a motor vehicle upon the highways of this state, and any biodiesel fuel. Motor fuels containing ethanol may be marketed if either (a) the base motor fuel meets the applicable standards before the addition of the ethanol or (b) the resultant blend meets the applicable standards after the addition of the ethanol. (8) "Nonhazardous motor fuel" means any fuel of a type distributed for use in self-propelled motor vehicles that does 19.112.010 (2008 Ed.) 19.112.040 not contain a hazardous liquid as defined in RCW 19.122.020. [2007 c 309 § 1; 2006 c 338 § 15; 1991 c 145 § 1; 1990 c 102 § 2.] Findings—Intent—2006 c 338: See note following RCW 19.112.110. 19.112.020 Administration of chapter—Standards— Testing laboratory. (1) This chapter shall be administered by the director or his or her authorized agent. For the purpose of administering this chapter, for motor fuel except biodiesel fuel, the standards set forth in the Annual Book of ASTM Standards and supplements thereto, and revisions thereof, are adopted, together with applicable federal environmental protection agency standards. If a conflict exists between federal environmental protection agency standards, ASTM standards, or state standards, for purposes of uniformity, federal environmental protection agency standards shall take precedence over ASTM standards. Any state standards adopted must be consistent with federal environmental protection agency standards and ASTM standards not in conflict with federal environmental protection agency standards. (2) The director may establish a fuel testing laboratory or may contract with a laboratory for testing. The director may also adopt rules on false and misleading advertising, labeling and posting of prices, and the standards for, and identity of, motor fuels. The director shall require fuel pumps offering biodiesel and ethanol blends to be identified by a label stating the percentage of biodiesel or ethanol. (3) The rules adopted under RCW 19.112.140 shall also provide that the diesel refiner is responsible for meeting the ASTM standards required by chapter 338, Laws of 2006 when providing diesel fuel into the distribution system. [2006 c 338 § 8; 1990 c 102 § 3.] 19.112.020 Findings—Intent—2006 c 338: See note following RCW 19.112.110. 19.112.030 Director’s authority. The director may: (1) Enforce and administer this chapter by inspections, analyses, and other appropriate actions; (2) Have access during normal business hours to all places where motor fuels are marketed for the purpose of examination, inspection, taking of samples, and investigation. If access is refused by the owner or agent or other persons leasing the same, the director or his or her agent may obtain an administrative search warrant from a court of competent jurisdiction; (3) Collect or cause to be collected, samples of motor fuels marketed in this state, and cause such samples to be tested or analyzed for compliance with this chapter; (4) Issue a stop-sale order for any motor fuel found not to be in compliance and rescind the stop-sale order if the motor fuel is brought into compliance with this chapter; (5) Refuse, revoke, or suspend the registration of a motor fuel; (6) Delegate to authorized agents any of the responsibilities for the proper administration of this chapter; (7) Establish a motor fuel testing laboratory. [1990 c 102 § 4.] 19.112.030 19.112.040 Motor fuel registration. All motor fuel shall be registered by the name, brand, or trademark under 19.112.040 [Title 19 RCW—page 173] 19.112.050 Title 19 RCW: Business Regulations—Miscellaneous which it will be sold at the terminal. Registration shall include: (1) The name and address of the person registering the motor fuel; (2) The antiknock index or cetane number, as appropriate, at which the motor fuel is to be marketed; (3) A certification, declaration, or affidavit that each individual grade or type of motor fuel shall conform to this chapter. [1990 c 102 § 5.] 19.112.050 Unlawful acts. It is unlawful to: (1) Market motor fuels in any manner that may deceive or tend to deceive the purchaser as to the nature, price, quantity, and quality of a motor fuel; (2) Fail to register a motor fuel; (3) Submit incorrect, misleading, or false information regarding the registration of a motor fuel; (4) Hinder or obstruct the director, or his or her authorized agent, in the performance of his or her duties; (5) Market a motor fuel that is contrary to this chapter. [1990 c 102 § 6.] 19.112.050 19.112.060 Penalties. (1)(a) Any person who knowingly violates any provision of this chapter or rules adopted under it is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one thousand dollars or imprisonment for not more than one year, or both. (b) The director shall assess a civil penalty ranging from one hundred dollars to ten thousand dollars per occurrence, giving due consideration to the appropriateness of the penalty with respect to the gravity of the violation, and the history of previous violations. Civil penalties collected under this chapter shall be deposited into the motor vehicle fund. (2) The penalties in subsection (1)(a) of this section do not apply to violations of RCW 19.112.110 and 19.112.120. [2006 c 338 § 6; 1990 c 102 § 7.] 19.112.060 Findings—Intent—2006 c 338: See note following RCW 19.112.110. 19.112.070 Injunctive relief. The director may apply to any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any provision of this chapter. [1990 c 102 § 8.] 19.112.070 19.112.080 Chapter in addition to chapter 19.94 RCW. This chapter is in addition to any requirements under chapter 19.94 RCW. [1990 c 102 § 9.] 19.112.080 may methyl tertiary-butyl ether be knowingly mixed in gasoline above fifteen one-hundredths of one percent by volume. [2007 c 310 § 1; 2001 c 218 § 1.] 19.112.110 Special fuel licensees—Required sales of biodiesel fuel—Rules. (1) Special fuel licensees under chapter 82.38 RCW, other than international fuel tax agreement licensees, dyed special fuel users, and special fuel distributors, shall provide evidence to the department of licensing that at least two percent of the total annual diesel fuel sold in Washington is biodiesel fuel, following the earlier of: (a) November 30, 2008; or (b) when a determination is made by the director, published in the Washington State Register, that feedstock grown in Washington state can satisfy a two-percent requirement. (2) Special fuel licensees under chapter 82.38 RCW, other than international fuel tax agreement licensees, dyed special fuel users, and special fuel distributors, shall provide evidence to the department of licensing that at least five percent of total annual diesel fuel sold in Washington is biodiesel fuel, when the director determines, and publishes this determination in the Washington State Register, that both in-state oil seed crushing capacity and feedstock grown in Washington state can satisfy a three-percent requirement. (3) The requirements of subsections (1) and (2) of this section shall take effect no sooner than one hundred eighty days after the determination has been published in the Washington State Register. (4) The director and the director of licensing shall each adopt rules, in coordination with each other, for enforcing and carrying out the purposes of this section. [2006 c 338 § 2.] 19.112.110 Findings—Intent—2006 c 338: "The legislature finds that it is in the public interest to establish a market for alternative fuels in Washington. By requiring a growing percentage of our fuel supply to be renewable biofuel that meets appropriate fuel quality standards, we will reduce our dependence on imports of foreign oil, improve the health and quality of life for Washingtonians, and stimulate the creation of a new industry in Washington that benefits our farmers and rural communities. The legislature finds that it is in the public interest for the state to play a central role in spurring the market by purchasing an increasing amount of alternative fuels produced in Washington. The legislature finds that we must act now and that the time available before the requirements of this act take effect is sufficient for feedstock and fuel providers to prepare for successful implementation. The legislature intends for consumers to have a choice of fuels and to encourage and promote the development, availability, and use of a diversity of renewable fuels and fuel blends ranging from fuels composed of no renewable content to completely renewable fuels." [2006 c 338 § 1.] 19.112.120 Motor vehicle fuel licensees—Required sales of denatured ethanol—Rules—Limitation of section. (1) By December 1, 2008, motor vehicle fuel licensees under chapter 82.36 RCW, other than motor vehicle fuel distributors, shall provide evidence to the department of licensing that at least two percent of total gasoline sold in Washington, measured on a quarterly basis, is denatured ethanol. (2) If the director of ecology determines that ethanol content greater than two percent of the total gasoline sold in Washington will not jeopardize continued attainment of the federal clean air act’s national ambient air quality standard for ozone pollution in Washington and the director of agriculture determines and publishes this determination in the Washington State Register that sufficient raw materials are 19.112.120 19.112.090 Air pollution reduction—Variances from ASTM. The directors of the departments of ecology and agriculture may grant a variance from ASTM motor fuel specifications if necessary to produce lower emission motor fuels. [1991 c 199 s 231.] 19.112.090 Finding—1991 c 199: See note following RCW 70.94.011. Effective dates—Severability—Captions not law—1991 c 199: See RCW 70.94.904 through 70.94.906. 19.112.100 Methyl tertiary-butyl ether. Methyl tertiary-butyl ether may not be intentionally added to any gasoline, motor fuel, or clean fuel produced for sale or use in the state of Washington after December 31, 2003. In no event 19.112.100 [Title 19 RCW—page 174] (2008 Ed.) Motor Fuel Quality Act available within Washington to support economical production of ethanol at higher levels, the director of agriculture may require by rule that licensees provide evidence to the department of licensing that denatured ethanol comprises between two percent and at least ten percent of total gasoline sold in Washington, measured on a quarterly basis. (3) The requirements of subsections (1) and (2) of this section shall take effect no sooner than one hundred eighty days after the determination has been published in the Washington State Register. (4) The director and the director of licensing shall each adopt rules, in coordination with each other, for enforcing and carrying out the purposes of this section. (5) Nothing in this section is intended to prohibit the production, sale, or use of motor fuel for use in federally designated flexibly fueled vehicles capable of using E85 motor fuel. Nothing in this section is intended to limit the use of high octane gasoline not blended with ethanol for use in aircraft. [2007 c 309 § 2; 2006 c 338 § 3.] 19.112.180 19.112.150 Biofuels advisory committee. The director shall establish a biofuels advisory committee to advise the director on implementing or suspending the minimum renewable fuel content requirements. The committee shall advise the director on applicability to all users; logistical, technical, and economic issues of implementation, including the potential for credit trading, compliance and enforcement provisions, and tracking and reporting requirements; and how the use of renewable fuel blends greater than two percent and renewable fuels other than biodiesel or ethanol could achieve the goals of chapter 338, Laws of 2006. In addition, the committee shall make recommendations to the legislature and governor on the potential to use alternatives to biodiesel, which are produced from nonpetroleum renewable sources (inclusive of vegetable oils and animal fats), to meet the minimum renewable fuel content requirement. The director shall make recommendations to the legislature and the governor on the implementation or suspension of chapter 338, Laws of 2006 by September 1, 2007. [2006 c 338 § 9.] 19.112.150 Findings—Intent—2006 c 338: See note following RCW 19.112.110. Findings—Intent—2006 c 338: See note following RCW 19.112.110. 19.112.160 Governor’s authority to suspend certain minimum renewable fuel content requirements. The governor, by executive order, may suspend all or portions of the minimum renewable fuel content requirements in RCW 19.112.110 or 19.112.120, or 43.19.642, based on a determination that such requirements are temporarily technically or economically infeasible, or pose a significant risk to public safety. [2006 c 338 § 11.] 19.112.160 19.112.130 19.112.130 Information submitted under RCW 19.112.110 or 19.112.120—Limitation on release. The department of licensing shall not publicly release, unless pursuant to an order of a court of competent jurisdiction, information submitted as evidence as required by RCW 19.112.110 or 19.112.120, except information disclosed in aggregate form that does not permit the identification of information related to individual fuel licensees. [2006 c 338 § 4.] Findings—Intent—2006 c 338: See note following RCW 19.112.110. 19.112.140 19.112.140 Standards for biodiesel fuel/fuel blended with biodiesel fuel—Rules. (1) The director shall adopt rules for maintaining standards for biodiesel fuel or fuel blended with biodiesel fuel by adopting all or part of the standards set forth in the Annual Book of ASTM Standards and supplements, amendments, or revisions thereof, all or part of the standards set forth in the National Institute of Standards and Technology (NIST) Handbook 130, Uniform Laws and Regulations in the areas of legal metrology and engine fuel quality rules, and any supplements, amendments, or revisions thereof, together with applicable federal environmental protection agency standards. The rules shall provide that the biodiesel refiner is responsible for meeting the ASTM standards required by chapter 338, Laws of 2006 when providing biodiesel fuel into the distribution system. If a conflict exists between federal environmental protection agency standards, ASTM standards, or NIST standards, for purposes of uniformity, federal environmental protection agency standards shall take precedence over ASTM and NIST standards. The department of agriculture shall not exceed ASTM standards for diesel. (2) The rules adopted under subsection (1) of this section shall be updated to provide for fuel stability standards when national or international fuel stability standards have been adopted. [2006 c 338 § 7.] Findings—Intent—2006 c 338: See note following RCW 19.112.110. (2008 Ed.) Findings—Intent—2006 c 338: See note following RCW 19.112.110. 19.112.170 Determination of the supply of certain fuels—Notification—Declaration concerning the applicability of RCW 19.112.110 or 19.112.120. (1) By November 30, 2008, the director shall determine whether the state’s diesel fuel supply is comprised of at least ten percent biodiesel made predominantly from Washington feedstock. (2) By November 30, 2008, the director shall determine whether the state’s gasoline fuel supply is comprised of at least twenty percent ethanol made predominantly from Washington feedstock, without jeopardizing continued attainment of the federal clean air act’s national ambient air quality standard for ozone pollution. (3) By December 1, 2008, the director shall notify the governor and the legislature of the findings in subsections (1) and (2) of this section. (4) If the findings from the director indicate that the goals of subsection (1) or (2) of this section, or both, have been achieved, then the governor shall issue an executive order declaring that RCW 19.112.110 or 19.112.120, or both, are no longer applicable. [2006 c 338 § 13.] 19.112.170 Findings—Intent—2006 c 338: See note following RCW 19.112.110. 19.112.180 Goals under RCW 19.112.170—Report— Executive request legislation. (1) If either or both of the goals in RCW 19.112.170 are not achieved by November 30, 2008, the director shall monitor the state’s diesel and gasoline fuel supply until such time as those goals, or either of them, is met. 19.112.180 [Title 19 RCW—page 175] 19.112.900 Title 19 RCW: Business Regulations—Miscellaneous (2) The director shall report to the governor and the legislature regarding the goals in RCW 19.112.170 by November 30th of the year in which a goal is met. (3) Following notification under this section that a goal has been met, the governor shall prepare executive request legislation repealing RCW 19.112.110 or 19.112.120, or both, as applicable. [2006 c 338 § 14.] Findings—Intent—2006 c 338: See note following RCW 19.112.110. 19.112.900 Short title. RCW 19.112.005 through 19.112.080 shall constitute a new chapter in Title 19 RCW and may be cited as the motor fuel quality act. [1990 c 102 § 11.] 19.112.900 19.112.901 Severability—1990 c 102. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1990 c 102 § 10.] 19.112.901 19.112.902 Effective date—1990 c 102. This act shall take effect on July 1, 1990. [1990 c 102 § 12.] 19.112.902 19.112.903 Effective date—2006 c 338. This act takes effect July 1, 2006. [2006 c 338 § 16.] transfer of an ownership interest in motor vehicles is a matter vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. [1990 c 44 § 2.] 19.116.020 Definitions. The definitions set forth in this section apply throughout this chapter, unless the context requires otherwise: (1) "Debtor" has the meaning set forth in *RCW 62A.9105(1)(d). (2) "Motor vehicle" means a vehicle required to be registered under chapter 46.16 RCW. (3) "Person" means an individual, company, firm, association, partnership, trust, corporation, or other legal entity. (4) "Security agreement" has the meaning set forth in *RCW 62A.9-105(1)(l). (5) "Security interest" has the meaning set forth in RCW 62A.1-201(37). (6) "Secured party" has the meaning set forth in *RCW 62A.9-105(1)(m). [1990 c 44 § 3.] 19.116.020 *Reviser’s note: Article 62A.9 RCW was repealed in its entirety by 2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see Article 62A.9A RCW. 19.112.903 19.112.904 Severability—2006 c 338. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [2006 c 338 § 17.] 19.112.904 19.116.030 Application of consumer protection act. Unlawful subleasing or unlawful transfer of an ownership interest in motor vehicles is not reasonable in relation to the development and preservation of business. A violation of this chapter is an unfair or deceptive act in trade or commerce for the purpose of applying the consumer protection act, chapter 19.86 RCW. [2000 c 171 § 70; 1990 c 44 § 4.] 19.116.030 19.116.040 Violations of chapter. (1) It is a violation of this chapter for a vehicle dealer, as defined in *RCW 46.70.011(3), to engage in the unlawful transfer of an ownership interest in motor vehicles. (2) It is a violation of this chapter for a person to engage in the unlawful subleasing of motor vehicles. [1990 c 44 § 5.] 19.116.040 Chapter 19.116 RCW MOTOR VEHICLE SUBLEASING OR TRANSFER Chapter 19.116 Sections 19.116.005 19.116.010 19.116.020 19.116.030 19.116.040 19.116.050 19.116.060 19.116.070 Finding. Public interest—Finding. Definitions. Application of consumer protection act. Violations of chapter. Unlawful transfer of motor vehicle—Conditions. Unlawful subleasing of motor vehicle—Conditions. Nonparties assisting, causing, or arranging unlawful assignment or transfer. Unlawful subleasing or transfer—Class C felony. Violations—Criminal profiteering. Persons who may bring action—Damages. Transfer or assignment of interest by persons with motor vehicles under lease contract or security agreement not subject to prosecution—Enforceability of contract or agreement not affected. Penalties in addition to other remedies or penalties. Severability—1990 c 44. *Reviser’s note: RCW 46.70.011 was amended by 2006 c 364 § 1, changing subsection (3) to subsection (4). 19.116.005 Finding. The legislature finds that the practices of unlawful subleasing or unlawful transfer of an ownership interest in motor vehicles have a substantial negative impact on the state’s financial institutions and other businesses engaged in the financing and leasing of motor vehicles. [1990 c 44 § 1.] 19.116.050 Unlawful transfer of motor vehicle— Conditions. A dealer engages in an act of unlawful transfer of ownership interest in motor vehicles when all of the following circumstances are met: (1) The dealer does not pay off any balance due to the secured party on a vehicle acquired by the dealer, no later than the close of the second business day after the acquisition date of the vehicle; and (2) The dealer does not obtain a certificate of ownership under RCW 46.70.124 for each used vehicle kept in his or her possession unless that certificate is in the possession of the person holding a security interest in the dealer’s inventory; and (3) The dealer does not transfer the certificate of ownership after the transferee has taken possession of the motor vehicle. [2000 c 171 § 71; 1990 c 44 § 6.] 19.116.010 Public interest—Finding. The legislature finds that the practice of unlawful subleasing or unlawful 19.116.060 Unlawful subleasing of motor vehicle— Conditions. A person engages in an act of unlawful subleas- 19.116.080 19.116.090 19.116.100 19.116.110 19.116.120 19.116.900 19.116.005 19.116.010 [Title 19 RCW—page 176] 19.116.050 19.116.060 (2008 Ed.) Motor Vehicle Warranties ing of a motor vehicle if all of the following conditions are met: (1) The motor vehicle is subject to a lease contract or security agreement the terms of which prohibit the transfer or assignment of any right or interest in the motor vehicle or under the lease contract or security agreement; and (2) The person is not a party to the lease contract or security agreement; and (3) The person transfers or assigns or purports to transfer or assign any right or interest in the motor vehicle or under the lease contract or security agreement to any person who is not a party to the lease contract or security agreement; and (4) The person does not obtain, before the transfer or assignment described in subsection (3) of this section, written consent to the transfer or assignment from the motor vehicle lessor in connection with a lease contract or from the secured party in connection with a security agreement; and (5) The person receives compensation or some other consideration for the transfer or assignment described in subsection (3) of this section. [1990 c 44 § 7.] 19.116.070 Nonparties assisting, causing, or arranging unlawful assignment or transfer. (1) A person engages in an act of unlawful subleasing of a motor vehicle when the person is not a party to the lease contract or security agreement, and assists, causes, or arranges an actual or purported assignment as described in RCW 19.116.060. (2) A dealer engages in an act of unlawful transfer of an ownership interest in a motor vehicle when the dealer is not a party to the security agreement, and assists, causes, or arranges an actual or purported transfer as described in RCW 19.116.050. [1990 c 44 § 8.] Chapter 19.118 (2) In an action for unlawful subleasing or unlawful transfer of an ownership interest in a motor vehicle the court may award actual damages; equitable relief, including, but not limited to an injunction and restitution of money and property; reasonable attorneys’ fees and costs; and any other relief that the court deems proper. [1990 c 44 § 11.] 19.116.110 Transfer or assignment of interest by persons with motor vehicles under lease contract or security agreement not subject to prosecution—Enforceability of contract or agreement not affected. (1) The actual or purported transfer or assignment, or the assisting, causing, or arranging of an actual or purported transfer or assignment, of any right or interest in a motor vehicle or under a lease contract or security agreement, by an individual who is a party to the lease contract or security agreement is not an act of unlawful subleasing of or unlawful transfer of an ownership interest in a motor vehicle and is not subject to prosecution. (2) This chapter does not affect the enforceability of any provision of a lease contract or security agreement by a party thereto. [1990 c 44 § 12.] 19.116.110 19.116.070 19.116.080 Unlawful subleasing or transfer—Class C felony. (1) Unlawful subleasing of a motor vehicle is a class C felony punishable under chapter 9A.20 RCW. (2) Unlawful transfer of an ownership interest in a motor vehicle is a class C felony punishable under chapter 9A.20 RCW. [2003 c 53 § 157; 1990 c 44 § 9.] 19.116.080 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 19.116.120 Penalties in addition to other remedies or penalties. The penalties under this chapter are in addition to any other remedies or penalties provided by law for the conduct proscribed by this chapter. [1990 c 44 § 13.] 19.116.120 19.116.900 Severability—1990 c 44. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1990 c 44 § 15.] 19.116.900 Chapter 19.118 Sections 19.118.005 19.118.010 19.118.021 19.118.031 19.118.041 19.116.090 Violations—Criminal profiteering. A violation of this chapter constitutes an act of criminal profiteering, as defined in RCW 9A.82.010. [1990 c 44 § 10.] 19.116.090 19.116.100 Persons who may bring action—Damages. (1) Any one or more of the following persons who suffers damage proximately resulting from one or more acts of unlawful motor vehicle subleasing or unlawful transfer of an ownership interest in a motor vehicle may bring an action against the person who has engaged in those acts: (a) A secured party; (b) A debtor; (c) A lessor; (d) A lessee; (e) An actual or purported transferee or assignee; (f) A guarantor of a lease or security agreement or a guarantor of a purported transferee or assignee. 19.118.061 19.116.100 (2008 Ed.) Chapter 19.118 RCW MOTOR VEHICLE WARRANTIES 19.118.070 19.118.080 19.118.090 19.118.095 19.118.100 19.118.110 19.118.120 19.118.130 19.118.140 19.118.150 19.118.160 Legislative intent. Motor vehicle manufacturers—Express warranties—Service and repair facilities. Definitions. Manufacturers and new motor vehicle dealers—Responsibilities to consumers—Extension of warranty period. Replacement or repurchase of nonconforming new motor vehicle—Reasonable number of attempts—Notice by consumer regarding motor home nonconformity—Liabilities and rights of parties—Application of consumer protection act. Vehicle with nonconformities or out of service—Notification of correction—Resale or transfer of title—Issuance of new title—Disclosure to buyer—Intervening transferor. Remedies. New motor vehicle arbitration boards—Board proceedings— Prerequisite to filing action in superior court. Request for arbitration—Eligibility—Rejection—Manufacturer’s response—Remedies—Defenses—Acceptance or appeal. Arbitration decision—Compliance—Accomplishment—Dispute—Failure—Fine—Costs—Attorneys’ fees. Trial de novo—Posting security—Recovery. Arbitration fee—New motor vehicle arbitration account— Report by attorney general. Application of consumer protection act. Waivers, limitations, disclaimers—Void. Other rights and remedies not precluded. Informal dispute resolution settlement procedure. New motor vehicle arbitration boards—When established by attorney general—Membership—Travel expenses and compensation. [Title 19 RCW—page 177] 19.118.005 19.118.170 19.118.900 19.118.902 19.118.903 19.118.904 Title 19 RCW: Business Regulations—Miscellaneous History of vehicle—Availability to owner. Effective dates—1987 c 344. Severability—1987 c 344. Severability—1989 c 347. Effective date—1989 c 347. 19.118.005 Legislative intent. The legislature recognizes that a new motor vehicle is a major consumer purchase and that a defective motor vehicle is likely to create hardship for, or may cause injury to, the consumer. The legislature further recognizes that good cooperation and communication between a manufacturer and a new motor vehicle dealer will considerably increase the likelihood that a new motor vehicle will be repaired within a reasonable number of attempts. It is the intent of the legislature to ensure that the consumer is made aware of his or her rights under this chapter and is not refused information, documents, or service that would otherwise obstruct the exercise of his or her rights. In enacting these comprehensive measures, it is the intent of the legislature to create the proper blend of private and public remedies necessary to enforce this chapter, such that a manufacturer will be sufficiently induced to take necessary steps to improve quality control at the time of production or provide better warranty service for the new motor vehicles that it sells in this state. [1987 c 344 § 1.] 19.118.005 19.118.010 Motor vehicle manufacturers—Express warranties—Service and repair facilities. Every manufacturer of motor vehicles sold in this state and for which the manufacturer has made an express warranty shall maintain in this state sufficient service and repair facilities reasonably close to all areas in which its motor vehicles are sold to carry out the terms of the warranties or designate and authorize in this state as service and repair facilities independent repair or service facilities reasonably close to all areas in which its motor vehicles are sold to carry out the terms of the warranties. As a means of complying with this section, a manufacturer may enter into warranty service contracts with independent service and repair facilities. [1983 c 240 § 1.] 19.118.010 19.118.021 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Board" means new motor vehicle arbitration board. (2) "Collateral charges" means any sales or lease related charges including but not limited to sales tax, use tax, arbitration service fees, unused license fees, unused registration fees, unused title fees, finance charges, prepayment penalties, credit disability and credit life insurance costs not otherwise refundable, any other insurance costs prorated for time out of service, transportation charges, dealer preparation charges, or any other charges for service contracts, undercoating, rustproofing, or factory or dealer installed options. (3) "Condition" means a general problem that results from a defect or malfunction of one or more parts, or their improper installation by the manufacturer, its agents, or the new motor vehicle dealer. (4) "Consumer" means any person who has entered into an agreement or contract for the transfer, lease, or purchase of a new motor vehicle, other than for purposes of resale or sublease, during the duration of the warranty period defined under this section. 19.118.021 [Title 19 RCW—page 178] (5) "Court" means the superior court in the county where the consumer resides, except if the consumer does not reside in this state, then the superior court in the county where an arbitration hearing or determination was conducted or made pursuant to this chapter. (6) "Incidental costs" means any reasonable expenses incurred by the consumer in connection with the repair of the new motor vehicle, including any towing charges and the costs of obtaining alternative transportation. (7) "Manufacturer" means any person engaged in the business of constructing or assembling new motor vehicles or engaged in the business of importing new motor vehicles into the United States for the purpose of selling or distributing new motor vehicles to new motor vehicle dealers. "Manufacturer" does not include any person engaged in the business of set-up of motorcycles as an agent of a new motor vehicle dealer if the person does not otherwise construct or assemble motorcycles. (8) "Motorcycle" means any motorcycle as defined in RCW 46.04.330 which has an engine displacement of at least seven hundred fifty cubic centimeters. (9) "Motor home" means a vehicular unit designed to provide temporary living quarters for recreational, camping, or travel use, built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van that is an integral part of the completed vehicle. (10) "Motor home manufacturer" means the first stage manufacturer, the component manufacturer, and the final stage manufacturer. (a) "First stage manufacturer" means a person who manufactures incomplete new motor vehicles such as chassis, chassis cabs, or vans, that are directly warranted by the first stage manufacturer to the consumer, and are completed by a final stage manufacturer into a motor home. (b) "Component manufacturer" means a person who manufactures components used in the manufacture or assembly of a chassis, chassis cab, or van that is completed into a motor home and whose components are directly warranted by the component manufacturer to the consumer. (c) "Final stage manufacturer" means a person who assembles, installs, or permanently affixes a body, cab, or equipment to an incomplete new motor vehicle such as a chassis, chassis cab, or van provided by a first stage manufacturer, to complete the vehicle into a motor home. (11) "New motor vehicle" means any new self-propelled vehicle, including a new motorcycle, primarily designed for the transportation of persons or property over the public highways that was originally purchased or leased at retail from a new motor vehicle dealer or leasing company in this state, but does not include vehicles purchased or leased by a business as part of a fleet of ten or more vehicles at one time or under a single purchase or lease agreement. If the motor vehicle is a motor home, this chapter shall apply to the self-propelled vehicle and chassis, but does not include those portions of the vehicle designated, used, or maintained primarily as a mobile dwelling, office, or commercial space. The term "new motor vehicle" does not include trucks with nineteen thousand pounds or more gross vehicle weight rating. The term "new motor vehicle" includes a demonstrator or lease-purchase vehicle as long as a manufacturer’s warranty was issued as a condition of sale. (2008 Ed.) Motor Vehicle Warranties (12) "New motor vehicle dealer" means a person who holds a dealer agreement with a manufacturer for the sale of new motor vehicles, who is engaged in the business of purchasing, selling, servicing, exchanging, or dealing in new motor vehicles, and who is licensed or required to be licensed as a vehicle dealer by the state of Washington. (13) "Nonconformity" means a defect, serious safety defect, or condition that substantially impairs the use, value, or safety of a new motor vehicle, but does not include a defect or condition that is the result of abuse, neglect, or unauthorized modification or alteration of the new motor vehicle. (14) "Purchase price" means the cash price of the new motor vehicle appearing in the sales agreement or contract. (a) "Purchase price" in the instance of a lease means the actual written capitalized cost disclosed to the consumer contained in the lease agreement. If there is no disclosed capitalized cost in the lease agreement the "purchase price" is the manufacturer’s suggested retail price including manufacturer installed accessories or items of optional equipment displayed on the manufacturer label, required by 15 U.S.C. Sec. 1232. (b) "Purchase price" in the instance of both a vehicle purchase or lease agreement includes any allowance for a tradein vehicle but does not include any manufacturer-to-consumer rebate appearing in the agreement or contract that the consumer received or that was applied to reduce the purchase or lease cost. Where the consumer is a subsequent transferee and the consumer selects repurchase of the motor vehicle, "purchase price" means the consumer’s subsequent purchase price. Where the consumer is a subsequent transferee and the consumer selects replacement of the motor vehicle, "purchase price" means the original purchase price. (15) "Reasonable offset for use" means the definition provided in RCW 19.118.041(1)(c) for a new motor vehicle other than a new motorcycle. The reasonable offset for use for a new motorcycle shall be computed by the number of miles that the vehicle traveled before the manufacturer’s acceptance of the vehicle upon repurchase or replacement multiplied by the purchase price, and divided by twenty-five thousand. (16) "Reasonable number of attempts" means the definition provided in RCW 19.118.041. (17) "Replacement motor vehicle" means a new motor vehicle that is identical or reasonably equivalent to the motor vehicle to be replaced, as the motor vehicle to be replaced existed at the time of original purchase or lease, including any service contract, undercoating, rustproofing, and factory or dealer installed options. (18) "Serious safety defect" means a life-threatening malfunction or nonconformity that impedes the consumer’s ability to control or operate the new motor vehicle for ordinary use or reasonable intended purposes or creates a risk of fire or explosion. (19) "Subsequent transferee" means a consumer who acquires a motor vehicle, within the warranty period, as defined in this section, with an applicable manufacturer’s written warranty and where the vehicle otherwise met the definition of a new motor vehicle at the time of original retail sale or lease. (2008 Ed.) 19.118.031 (20) "Substantially impair" means to render the new motor vehicle unreliable, or unsafe for ordinary use, or to diminish the resale value of the new motor vehicle below the average resale value for comparable motor vehicles. (21) "Warranty" means any implied warranty, any written warranty of the manufacturer, or any affirmation of fact or promise made by the manufacturer in connection with the sale of a new motor vehicle that becomes part of the basis of the bargain. The term "warranty" pertains to the obligations of the manufacturer in relation to materials, workmanship, and fitness of a new motor vehicle for ordinary use or reasonably intended purposes throughout the duration of the warranty period as defined under this section. (22) "Warranty period" means the period ending two years after the date of the original delivery to the consumer of a new motor vehicle, or the first twenty-four thousand miles of operation, whichever occurs first. [2007 c 425 § 1; 1998 c 298 § 2; 1995 c 254 § 1; 1990 c 239 § 1; 1989 c 347 § 1; 1987 c 344 § 2.] Severability—1998 c 298: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1998 c 298 § 7.] Effective date—1995 c 254: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 5, 1995]." [1995 c 254 § 11.] Severability—1995 c 254: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1995 c 254 § 12.] 19.118.031 Manufacturers and new motor vehicle dealers—Responsibilities to consumers—Extension of warranty period. (1) The manufacturer shall publish an owner’s manual and provide it to the new motor vehicle dealer or leasing company. The owner’s manual shall include a list of the addresses and phone numbers for the manufacturer’s customer assistance division, or zone or regional offices. A manufacturer shall provide to the new motor vehicle dealer or leasing company all applicable manufacturer’s written warranties. The dealer or leasing company shall transfer to the consumer, at the time of original retail sale or lease, the owner’s manual and applicable written warranties as provided by a manufacturer. (2) At the time of purchase, the new motor vehicle dealer shall provide the consumer with a written statement that explains the consumer’s rights under this chapter. The written statement shall be prepared and supplied by the attorney general and shall contain a toll-free number that the consumer can contact for information regarding the procedures and remedies under this chapter. (3) For the purposes of this chapter, if a new motor vehicle does not conform to the warranty and the consumer reports the nonconformity during the term of the warranty period or the period of coverage of the applicable manufacturer’s written warranty, whichever is less, to the manufacturer, its agent, or the new motor vehicle dealer who sold the new motor vehicle, the manufacturer, its agent, or the new motor vehicle dealer shall make repairs as are necessary to conform the vehicle to the warranty, regardless of whether such repairs are made after the expiration of the warranty 19.118.031 [Title 19 RCW—page 179] 19.118.041 Title 19 RCW: Business Regulations—Miscellaneous period. Any corrections or attempted repairs undertaken by a new motor vehicle dealer under this chapter shall be treated as warranty work and billed by the dealer to the manufacturer in the same manner as other work under the manufacturer’s written warranty is billed. For purposes of this subsection, the manufacturer’s written warranty shall be at least one year after the date of the original delivery to the consumer of the vehicle or the first twelve thousand miles of operation, whichever occurs first. (4) Upon request from the consumer, the manufacturer or new motor vehicle dealer shall provide a copy of any report or computer reading compiled by the manufacturer’s field or zone representative regarding inspection, diagnosis, or test-drive of the consumer’s new motor vehicle, or shall provide a copy of any technical service bulletin issued by the manufacturer regarding the year and model of the consumer’s new motor vehicle as it pertains to any material, feature, component, or the performance thereof. (5) The new motor vehicle dealer shall provide to the consumer each time the consumer’s vehicle is returned from being diagnosed or repaired under the warranty, a fully itemized, legible statement or repair order indicating any diagnosis made, and all work performed on the vehicle including but not limited to, a general description of the problem reported by the consumer or an identification of the defect or condition, parts and labor, the date and the odometer reading when the vehicle was submitted for repair, and the date when the vehicle was made available to the consumer. (6) No manufacturer, its agent, or the new motor vehicle dealer may refuse to diagnose or repair any nonconformity covered by the warranty for the purpose of avoiding liability under this chapter. (7) For purposes of this chapter, consumers shall have the rights and remedies, including a cause of action, against manufacturers as provided in this chapter. (8) The warranty period and thirty-day out-of-service period, and sixty-day out-of-service period in the case of a motor home, shall be extended by any time that repair services are not available to the consumer as a direct result of a strike, war, invasion, fire, flood, or other natural disaster. [1998 c 298 § 3; 1995 c 254 § 2; 1987 c 344 § 3.] Severability—1998 c 298: See note following RCW 19.118.021. Effective date—Severability—1995 c 254: See notes following RCW 19.118.021. 19.118.041 Replacement or repurchase of nonconforming new motor vehicle—Reasonable number of attempts—Notice by consumer regarding motor home nonconformity—Liabilities and rights of parties—Application of consumer protection act. (1) If the manufacturer, its agent, or the new motor vehicle dealer is unable to conform the new motor vehicle to the warranty by repairing or correcting any nonconformity after a reasonable number of attempts, the manufacturer, within forty calendar days of a consumer’s written request to the manufacturer’s corporate, dispute resolution, zone, or regional office address shall, at the option of the consumer, replace or repurchase the new motor vehicle. (a) The replacement motor vehicle shall be identical or reasonably equivalent to the motor vehicle to be replaced as the motor vehicle to be replaced existed at the time of original 19.118.041 [Title 19 RCW—page 180] purchase or lease, including any service contract, undercoating, rustproofing, and factory or dealer installed options. Where the manufacturer supplies a replacement motor vehicle, the manufacturer shall be responsible for sales tax, license, registration fees, and refund of any incidental costs. Compensation for a reasonable offset for use shall be paid by the consumer to the manufacturer in the event that the consumer accepts a replacement motor vehicle. (b) When repurchasing the new motor vehicle, the manufacturer shall refund to the consumer the purchase price, all collateral charges, and incidental costs, less a reasonable offset for use. When repurchasing the new motor vehicle, in the instance of a lease, the manufacturer shall refund to the consumer all payments made by the consumer under the lease including but not limited to all lease payments, trade-in value or inception payment, security deposit, all collateral charges and incidental costs less a reasonable offset for use. The manufacturer shall make such payment to the lessor and/or lienholder of record as necessary to obtain clear title to the motor vehicle and upon the lessor’s and/or lienholder’s receipt of that payment and payment by the consumer of any late payment charges, the consumer shall be relieved of any future obligation to the lessor and/or lienholder. (c) The reasonable offset for use shall be computed by multiplying the number of miles that the vehicle traveled directly attributable to use by the consumer during the time between the original purchase, lease, or in-service date and the date beginning the first attempt to diagnose or repair a nonconformity which ultimately results in the repurchase or replacement of the vehicle multiplied times the purchase price, and dividing the product by one hundred twenty thousand, except in the case of a motor home, in which event it shall be divided by ninety thousand. However, the reasonable offset for use calculation total for a motor home is subject to modification by the board by decreasing or increasing the offset total up to a maximum of one-third of the offset total. The board may modify the offset total in those circumstances where the board determines that the wear and tear on those portions of the motor home designated, used, or maintained primarily as a mobile dwelling, office, or commercial space are significantly greater or significantly less than that which could be reasonably expected based on the mileage attributable to the consumer’s use of the motor home. Except in the case of a motor home, where a manufacturer repurchases or replaces a vehicle solely due to accumulated days out of service by reason of diagnosis or repair of one or more nonconformities, "the number of miles that the vehicle traveled directly attributable to use by the consumer" shall be limited to the period between the original purchase, lease, or in-service date and the date of the fifteenth cumulative calendar day out of service. Where the consumer is a second or subsequent purchaser, lessee, or transferee of the motor vehicle and the consumer selects repurchase of the motor vehicle, "the number of miles that the vehicle traveled" directly attributable to use by the consumer shall be limited to the period between the date of purchase, lease by, or transfer to the consumer and the date of the consumer’s initial attempt to obtain diagnosis or repair of a nonconformity which ultimately results in the repurchase or replacement of the vehicle or which adds to thirty or more cumulative calendar days out of service. Where the consumer is a second or subsequent pur(2008 Ed.) Motor Vehicle Warranties chaser, lessee, or transferee of the motor vehicle and the consumer selects replacement of the motor vehicle, "the number of miles that the vehicle traveled" directly attributable to use by the consumer shall be calculated from the date of the original purchase, lease, or in-service date and the first attempt to diagnose or repair a nonconformity which ultimately results in the replacement of the vehicle. Except in the case of a motor home, where the consumer is a second or subsequent purchaser, lessee, or transferee of the motor vehicle and the manufacturer replaces the vehicle solely due to accumulated days out of service by reason of diagnosis or repair of one or more nonconformities, "the number of miles that the vehicle traveled" directly attributable to use by the consumer shall be calculated from the date of the original purchase, lease, or in service date and the date of the fifteenth cumulative calendar day out of service. (d) In the case of a motor vehicle that is a motor home, where a manufacturer repurchases or replaces a motor home from the first purchaser, lessee, or transferee or from the second or subsequent purchaser, lessee, or transferee solely due to accumulated days out of service by reason of diagnosis or repair of one or more nonconformities, "the number of miles that a motor home traveled directly attributable to use by the consumer" shall be limited to the period between the original purchase, lease, or in-service date and the date of the thirtieth cumulative calendar day out-of-service. (2) Reasonable number of attempts, except in the case of a new motor vehicle that is a motor home acquired after June 30, 1998, shall be deemed to have been undertaken by the manufacturer, its agent, or the new motor vehicle dealer to conform the new motor vehicle to the warranty within the warranty period, if: (a) The same serious safety defect has been subject to diagnosis or repair two or more times, at least one of which is during the period of coverage of the applicable manufacturer’s written warranty, and the serious safety defect continues to exist; (b) the same nonconformity has been subject to diagnosis or repair four or more times, at least one of which is during the period of coverage of the applicable manufacturer’s written warranty, and the nonconformity continues to exist; or (c) the vehicle is out of service by reason of diagnosis or repair of one or more nonconformities for a cumulative total of thirty calendar days, at least fifteen of them during the period of the applicable manufacturer’s written warranty. For purposes of this subsection, the manufacturer’s written warranty shall be at least one year after the date of the original delivery to the consumer of the vehicle or the first twelve thousand miles of operation, whichever occurs first. A new motor vehicle is deemed to have been "subject to diagnose or repair" when a consumer presents the new motor vehicle for warranty service at a service and repair facility authorized, designated, or maintained by a manufacturer to provide warranty services or a facility to which the manufacturer or an authorized facility has directed the consumer to obtain warranty service. A new motor vehicle has not been "subject to diagnose or repair" if the consumer refuses to allow the facility to attempt or complete a recommended warranty repair, or demands return of the vehicle to the consumer before an attempt to diagnose or repair can be completed. (3)(a) In the case of a new motor vehicle that is a motor home acquired after June 30, 1998, a reasonable number of (2008 Ed.) 19.118.041 attempts shall be deemed to have been undertaken by the motor home manufacturers, their respective agents, or their respective new motor vehicle dealers to conform the new motor vehicle to the warranty within the warranty period, if: (i) The same serious safety defect has been subject to diagnosis or repair one or more times during the period of coverage of the applicable motor home manufacturer’s written warranty, plus a final attempt to repair the vehicle as provided for in (b) of this subsection, and the serious safety defect continues to exist; (ii) the same nonconformity has been subject to repair three or more times, at least one of which is during the period of coverage of the applicable motor home manufacturer’s written warranty, plus a final attempt to repair the vehicle as provided for in (b) of this subsection, and the nonconformity continues to exist; or (iii) the vehicle is out of service by reason of diagnosis or repair of one or more nonconformities for a cumulative total of sixty calendar days aggregating all motor home manufacturer days out of service, and the motor home manufacturers have had at least one opportunity to coordinate and complete an inspection and any repairs of the vehicle’s nonconformities after receipt of notification from the consumer as provided for in (c) of this subsection. For purposes of this subsection, each motor home manufacturer’s written warranty must be at least one year after the date of the original delivery to the consumer of the vehicle or the first twelve thousand miles of operation, whichever occurs first. (b) In the case of a new motor vehicle that is a motor home, after one attempt has been made to repair a serious safety defect, or after three attempts have been made to repair the same nonconformity, the consumer shall give written notification of the need to repair the nonconformity to each of the motor home manufacturers at their respective corporate, zone, or regional office addresses to allow the motor home manufacturers to coordinate and complete a final attempt to cure the nonconformity. The motor home manufacturers each have fifteen days, commencing upon receipt of the notification, to respond and inform the consumer of the location of the facility where the vehicle will be repaired. If the vehicle is unsafe to drive due to a serious safety defect, or to the extent the repair facility is more than one hundred miles from the motor home location, the motor home manufacturers are responsible for the cost of transporting the vehicle to and from the repair facility. The motor home manufacturers have a cumulative total of thirty days, commencing upon delivery of the vehicle to the designated repair facility by the consumer, to conform the vehicle to the applicable motor home manufacturer’s written warranty. This time period may be extended if the consumer agrees in writing. If a motor home manufacturer fails to respond to the consumer or perform the repairs within the time period prescribed, that motor home manufacturer is not entitled to a final attempt to cure the nonconformity. (c) In the case of a new motor vehicle that is a motor home, if the vehicle is out of service by reason of diagnosis or repair of one or more nonconformities by the motor home manufacturers, their respective agents, or their respective new motor vehicle dealers for a cumulative total of thirty or more days aggregating all motor home manufacturer days out of service, the consumer shall so notify each motor home manufacturer in writing at their respective corporate, zone, or [Title 19 RCW—page 181] 19.118.061 Title 19 RCW: Business Regulations—Miscellaneous regional office addresses to allow the motor home manufacturers, their respective agents, or their respective new motor vehicle dealers an opportunity to coordinate and complete an inspection and any repairs of the vehicle’s nonconformities. The motor home manufacturers have fifteen days, commencing upon receipt of the notification, to respond and inform the consumer of the location of the facility where the vehicle will be repaired. If the vehicle is unsafe to drive due to a serious safety defect, or to the extent the repair facility is more than one hundred miles from the motor home location, the motor home manufacturers are responsible for the cost of transporting the vehicle to and from the repair facility. Once the buyer delivers the vehicle to the designated repair facility, the inspection and repairs must be completed by the motor home manufacturers either (i) within ten days or (ii) before the vehicle is out of service by reason of diagnosis or repair of one or more nonconformities for sixty days, whichever time period is longer. This time period may be extended if the consumer agrees in writing. If a motor home manufacturer fails to respond to the consumer or perform the repairs within the time period prescribed, that motor home manufacturer is not entitled to at least one opportunity to inspect and repair the vehicle’s nonconformities after receipt of notification from the buyer as provided for in this subsection (3)(c). (4) No new motor vehicle dealer may be held liable by the manufacturer for any collateral charges, incidental costs, purchase price refunds, or vehicle replacements. Manufacturers shall not have a cause of action against dealers under this chapter. Consumers shall not have a cause of action against dealers under this chapter, but a violation of any responsibilities imposed upon dealers under this chapter is a per se violation of chapter 19.86 RCW. Consumers may pursue rights and remedies against dealers under any other law, including chapters 46.70 and 46.71 RCW. Manufacturers and consumers may not make dealers parties to arbitration board proceedings under this chapter. [2007 c 426 § 1; 1998 c 298 § 4; 1995 c 254 § 3; 1989 c 347 § 2; 1987 c 344 § 4.] Severability—1998 c 298: See note following RCW 19.118.021. Effective date—Severability—1995 c 254: See notes following RCW 19.118.021. 19.118.061 Vehicle with nonconformities or out of service—Notification of correction—Resale or transfer of title—Issuance of new title—Disclosure to buyer—Intervening transferor. (1) A manufacturer shall be prohibited from reselling any motor vehicle determined or adjudicated as having a serious safety defect unless the serious safety defect has been corrected and the manufacturer warrants upon the first subsequent resale that the defect has been corrected. (2) Before any sale or transfer of a vehicle that has been replaced or repurchased by the manufacturer that was determined or adjudicated as having a nonconformity or to have been out of service for thirty or more calendar days, or sixty or more calendar days in the case of a motor home, under this chapter, the manufacturer shall: (a) Notify the attorney general and the department of licensing, by certified mail or by personal service, upon receipt of the motor vehicle; (b) Attach a resale disclosure notice to the vehicle in a manner and form to be specified by the attorney general. 19.118.061 [Title 19 RCW—page 182] Only the retail purchaser may remove the resale disclosure notice after execution of the disclosure form required under subsection (3) of this section; and (c) Notify the attorney general and the department of licensing if the nonconformity in the motor vehicle is corrected. (3) Upon the first subsequent resale, either at wholesale or retail, or transfer of title of a motor vehicle and which was previously returned after a final determination, adjudication, or settlement under this chapter or under a similar statute of any other state, the manufacturer, its agent, or the new motor vehicle dealer who has actual knowledge of said final determination, adjudication or settlement, shall execute and deliver to the buyer before sale an instrument in writing setting forth information identifying the nonconformity in a manner to be specified by the attorney general, and the department of licensing shall place on the certificate of title information indicating the vehicle was returned under this chapter. (4) Upon receipt of the manufacturer’s notification under subsection (2) of this section that the nonconformity has been corrected and upon the manufacturer’s request and payment of any fees, the department of licensing shall issue a new title with information indicating the vehicle was returned under this chapter and that the nonconformity has been corrected. Upon the first subsequent resale, either at wholesale or retail, or transfer of title of a motor vehicle, as provided under subsection (2)(c) of this section, the manufacturer shall warrant upon the resale that the nonconformity has been corrected, and the manufacturer, its agent, or the new motor vehicle dealer who has actual knowledge of the corrected nonconformity, shall execute and deliver to the buyer before sale an instrument in writing setting forth information identifying the nonconformity and indicating that it has been corrected in a manner to be specified by the attorney general. (5) After repurchase or replacement and following a manufacturer’s receipt of a vehicle under this section and prior to a vehicle’s first subsequent retail transfer by resale or lease, any intervening transferor of a vehicle subject to the requirements of this section who has received the disclosure, correction and warranty documents, as specified by the attorney general and required under this chapter, shall deliver the documents with the vehicle to the next transferor, purchaser or lessee to ensure proper and timely notice and disclosure. Any intervening transferor who fails to comply with this subsection shall, at the option of the subsequent transferor or first subsequent retail purchaser or lessee: (a) Indemnify any subsequent transferor or first subsequent retail purchaser for all damages caused by such violation; or (b) repurchase the vehicle at the full purchase price including all fees, taxes and costs incurred for goods and services which were included in the subsequent transaction. [1998 c 298 § 5; 1995 c 254 § 4; 1989 c 347 § 3; 1987 c 344 § 5.] Severability—1998 c 298: See note following RCW 19.118.021. Effective date—Severability—1995 c 254: See notes following RCW 19.118.021. 19.118.070 Remedies. The remedies provided under this chapter are cumulative and are in addition to any other remedies provided by law. [1983 c 240 § 7.] 19.118.070 (2008 Ed.) Motor Vehicle Warranties 19.118.080 19.118.080 New motor vehicle arbitration boards— Board proceedings—Prerequisite to filing action in superior court. (1) Except as provided in RCW 19.118.160, the attorney general shall contract with one or more private entities to conduct arbitration proceedings in order to settle disputes between consumers and manufacturers as provided in this chapter, and each private entity shall constitute a new motor vehicle arbitration board for purposes of this chapter. The entities shall not be affiliated with any manufacturer or new motor vehicle dealer and shall have available the services of persons with automotive technical expertise to assist in resolving disputes under this chapter. No private entity or its officers or employees conducting board proceedings and no arbitrator presiding at such proceedings shall be directly involved in the manufacture, distribution, sale, or warranty service of any motor vehicle. Payment to the entities for the arbitration services shall be made from the new motor vehicle arbitration account. (2) The attorney general shall adopt rules for the uniform conduct of the arbitrations by the boards whether conducted by a private entity or by the attorney general pursuant to RCW 19.118.160, which rules shall include but not be limited to the following procedures: (a) At all arbitration proceedings, the parties are entitled to present oral and written testimony, to present witnesses and evidence relevant to the dispute, to cross-examine witnesses, and to be represented by counsel. (b) A dealer, manufacturer, or other persons shall produce records and documents requested by a party which are reasonably related to the dispute. If a dealer, manufacturer, or other person refuses to comply with such a request, a party may present a request to the board for the attorney general to issue a subpoena on behalf of the board. The subpoena shall be issued only for the production of records and documents which the board has determined are reasonably related to the dispute, including but not limited to documents described in RCW 19.118.031 (4) or (5). If a party fails to comply with the subpoena, the arbitrator may at the outset of the arbitration hearing impose any of the following sanctions: (i) Find that the matters which were the subject of the subpoena, or any other designated facts, shall be taken to be established for purposes of the hearing in accordance with the claim of the party which requested the subpoena; (ii) refuse to allow the disobedient party to support or oppose the designated claims or defenses, or prohibit that party from introducing designated matters into evidence; (iii) strike claims or defenses, or parts thereof; or (iv) render a decision by default against the disobedient party. If a nonparty fails to comply with a subpoena and upon an arbitrator finding that without such compliance there is insufficient evidence to render a decision in the dispute, the attorney general shall enforce such subpoena in superior court and the arbitrator shall continue the arbitration hearing until such time as the nonparty complies with the subpoena or the subpoena is quashed. (c) A party may obtain written affidavits from employees and agents of a dealer, a manufacturer or other party, or from other potential witnesses, and may submit such affidavits for consideration by the board. (2008 Ed.) 19.118.080 (d) Records of the board proceedings shall be open to the public. The hearings shall be open to the public to the extent practicable. (e) Where the board proceedings are conducted by one or more private entities, a single arbitrator may be designated to preside at such proceedings. (3) A consumer shall exhaust the new motor vehicle arbitration board remedy or informal dispute resolution settlement procedure under RCW 19.118.150 before filing any superior court action. (4) The attorney general shall maintain records of each dispute submitted to the new motor vehicle arbitration board, including an index of new motor vehicles by year, make, and model. (5) The attorney general shall compile aggregate annual statistics for all disputes submitted to, and decided by, the new motor vehicle arbitration board, as well as annual statistics for each manufacturer that include, but shall not be limited to, the number and percent of: (a) Replacement motor vehicle requests; (b) purchase price refund requests; (c) replacement motor vehicles obtained in prehearing settlements; (d) purchase price refunds obtained in prehearing settlements; (e) replacement motor vehicles awarded in arbitration; (f) purchase price refunds awarded in arbitration; (g) board decisions neither complied with during the forty calendar day period nor petitioned for appeal within the thirty calendar day period; (h) board decisions appealed categorized by consumer or manufacturer; (i) the nature of the court decisions and who the prevailing party was; (j) appeals that were held by the court to be brought without good cause; and (k) appeals that were held by the court to be brought solely for the purpose of harassment. The statistical compilations shall be public information. (6) The attorney general shall adopt rules to implement this chapter. Such rules shall include uniform standards by which the boards shall make determinations under this chapter, including but not limited to rules which provide: (a) A board shall find that a nonconformity exists if it determines that the consumer’s new motor vehicle has a defect, serious safety defect, or condition that substantially impairs the use, value, or safety of the vehicle. (b) A board shall find that a reasonable number of attempts to repair a nonconformity have been undertaken if: (i) The same serious safety defect has been subject to diagnosis or repair two or more times, at least one of which is during the period of coverage of the applicable manufacturer’s written warranty, and the serious safety defect continues to exist; (ii) the same nonconformity has been subject to diagnosis or repair four or more times, at least one of which is during the period of coverage of the applicable manufacturer’s written warranty, and the nonconformity continues to exist; or (iii) the vehicle is out of service by reason of diagnosis or repair of one or more nonconformities for a cumulative total of thirty calendar days, at least fifteen of them during the period of the applicable manufacturer’s written warranty. For purposes of this subsection, the manufacturer’s written warranty shall be at least one year after the date of the original delivery to the consumer of the vehicle or the first twelve thousand miles of operation, whichever occurs first. (c) A board shall find that a manufacturer has failed to comply with RCW 19.118.041 if it finds that the manufac[Title 19 RCW—page 183] 19.118.090 Title 19 RCW: Business Regulations—Miscellaneous turer, its agent, or the new motor vehicle dealer has failed to correct a nonconformity after a reasonable number of attempts and the manufacturer has failed, within forty days of the consumer’s written request, to repurchase the vehicle or replace the vehicle with a vehicle identical or reasonably equivalent to the vehicle being replaced. (7) The attorney general shall provide consumers with information regarding the procedures and remedies under this chapter. [1998 c 245 § 7; 1995 c 254 § 5; 1989 c 347 § 4; 1987 c 344 § 6.] Effective date—Severability—1995 c 254: See notes following RCW 19.118.021. 19.118.090 Request for arbitration—Eligibility— Rejection—Manufacturer’s response—Remedies— Defenses—Acceptance or appeal. (1) A consumer may request arbitration under this chapter by submitting the request to the attorney general. Within ten days after receipt of an arbitration request, the attorney general shall make a reasonable determination of the cause of the request for arbitration and provide necessary information to the consumer regarding the consumer’s rights and remedies under this chapter. The attorney general shall assign the dispute to a board, except that if it clearly appears from the materials submitted by the consumer that the dispute is not eligible for arbitration, the attorney general may refuse to assign the dispute and shall explain any required procedures to the consumer. (2) Manufacturers shall submit to arbitration if such arbitration is requested by the consumer within thirty months from the date of the original delivery of the new motor vehicle to a consumer at retail and if the consumer’s dispute is deemed eligible for arbitration by the board. In the case of a motor home, the thirty-month period will be extended by the amount of time it takes the motor home manufacturers to complete the final repair attempt at the designated repair facility as provided for in RCW 19.118.041(3)(b). (3) The new motor vehicle arbitration board may reject for arbitration any dispute that it determines to be frivolous, fraudulent, filed in bad faith, res judicata or beyond its authority. Any dispute deemed by the board to be ineligible for arbitration due to insufficient evidence may be reconsidered by the board upon the submission of other information or documents regarding the dispute that would allegedly qualify for relief under this chapter. Following a second review, the board may reject the dispute for arbitration if evidence is still clearly insufficient to qualify the dispute for relief under this chapter. A rejection by the board is subject to review by the attorney general or may be appealed under RCW 19.118.100. A decision to reject any dispute for arbitration shall be sent by certified mail to the consumer and the manufacturer, and shall contain a brief explanation as to the reason therefor. (4) The manufacturer shall complete a written manufacturer response to the consumer’s request for arbitration. The manufacturer shall provide a response to the consumer and the board within ten calendar days from the date of the manufacturer’s receipt of the board’s notice of acceptance of a dispute for arbitration. The manufacturer response shall include all issues and affirmative defenses related to the nonconformities identified in the consumer’s request for arbitra19.118.090 [Title 19 RCW—page 184] tion that the manufacturer intends to raise at the arbitration hearing. (5) The arbitration board shall award the remedies under RCW 19.118.041 if it finds a nonconformity and that a reasonable number of attempts have been undertaken to correct the nonconformity. The board shall award reasonable costs and attorneys’ fees incurred by the consumer where the manufacturer has been directly represented by counsel: (a) In dealings with the consumer in response to a request to repurchase or replace under RCW 19.118.041; (b) in settlement negotiations; (c) in preparation of the manufacturer’s statement; or (d) at an arbitration board hearing or other board proceeding. In the case of an arbitration involving a motor home, the board may allocate liability among the motor home manufacturers. (6) It is an affirmative defense to any claim under this chapter that: (a) The alleged nonconformity does not substantially impair the use, value, or safety of the new motor vehicle; or (b) the alleged nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of the new motor vehicle. (7) The board shall have forty-five calendar days from the date the board receives the consumer’s request for arbitration to hear the dispute. If the board determines that additional information is necessary, the board may continue the arbitration proceeding on a subsequent date within ten calendar days of the initial hearing. The board shall decide the dispute within sixty calendar days from the date the board receives the consumer’s request for arbitration. The decision of the board shall be delivered by certified mail or personal service to the consumer and the manufacturer, and shall contain a written finding of whether the new motor vehicle meets the standards set forth under this chapter. (8) The consumer may accept the arbitration board decision or appeal to superior court, pursuant to RCW 19.118.100. Upon acceptance by the consumer, the arbitration board decision shall become final. The consumer shall send written notification of acceptance or rejection to the arbitration board within sixty days of receiving the decision and the arbitration board shall immediately deliver a copy of the consumer’s acceptance to the manufacturer by certified mail, return receipt requested, or by personal service. Failure of the consumer to respond to the arbitration board within sixty calendar days of receiving the decision shall be considered a rejection of the decision by the consumer. The consumer shall have one hundred twenty calendar days from the date of rejection to file a petition of appeal in superior court. At the time the petition of appeal is filed, the consumer shall deliver, by certified mail or personal service, a conformed copy of such petition to the attorney general. (9) Upon receipt of the consumer’s acceptance, the manufacturer shall have forty calendar days to comply with the arbitration board decision or thirty calendar days to file a petition of appeal in superior court. At the time the petition of appeal is filed, the manufacturer shall deliver, by certified mail or personal service, a conformed copy of such petition to the attorney general. If the attorney general receives no notice of petition of appeal after forty calendar days, the attorney general shall contact the consumer to verify compliance. (2008 Ed.) Motor Vehicle Warranties [1998 c 298 § 6; 1995 c 254 § 6; 1989 c 347 § 5; 1987 c 344 § 7.] Severability—1998 c 298: See note following RCW 19.118.021. Effective date—Severability—1995 c 254: See notes following RCW 19.118.021. 19.118.095 Arbitration decision—Compliance— Accomplishment—Dispute—Failure—Fine—Costs— Attorneys’ fees. (1) Compliance with an arbitration board decision under this chapter must be accomplished at a time, place, and in a manner to be determined by the mutual agreement of the consumer and manufacturer. (a) The consumer shall make the motor vehicle available to the manufacturer free of damage other than that related to any nonconformity, defect, or condition to which a warranty applied, or that can reasonably be expected in the use of the vehicle for ordinary or reasonably intended purposes and in consideration of the mileage attributable to the consumer’s use. Any insurance claims or settlement proceeds for repair of damage to the vehicle due to fire, theft, vandalism, or collision must be assigned to the manufacturer or, at the consumer’s option, the repair must be completed before return of the vehicle to the manufacturer. The consumer may not remove any equipment or option that was included in the original purchase or lease of the vehicle or that is otherwise included in the repurchase or replacement award. In removing any equipment not included in the original purchase or lease, the consumer shall exercise reasonable care to avoid further damage to the vehicle but is not required to return the vehicle to original condition. (b) At the time of compliance with an arbitration board decision that awards repurchase, the manufacturer shall make full payment to the consumers and either the lessor or lienholder, or both, or provide verification to the consumer of prior payment to either the lessor or lienholder, or both. At the time of compliance with an arbitration board decision that awards replacement, the manufacturer shall provide the replacement vehicle together with any refund of incidental costs. (c) At any time before compliance a party may request the board to resolve disputes regarding compliance with the arbitration board decision including but not limited to time and place for compliance, condition of the vehicle to be returned, clarification or recalculation of refund amounts under the award, or a determination if an offered vehicle is reasonably equivalent to the vehicle being replaced. In resolving compliance disputes the board may not review, alter, or otherwise change the findings of a decision or extend the time for compliance beyond the time necessary for the board to resolve the dispute. (d) Failure of the consumer to make the vehicle available within sixty calendar days in response to a manufacturer’s unconditional tender of compliance is considered a rejection of the arbitration decision by the consumer, except as provided in (c) of this subsection or subsection (2) of this section. (2) If, at the end of the forty calendar day period, neither compliance with nor a petition to appeal the board’s decision has occurred, the attorney general may impose a fine of up to one thousand dollars per day until compliance occurs or a maximum penalty of one hundred thousand dollars accrues 19.118.095 (2008 Ed.) 19.118.110 unless the manufacturer can provide clear and convincing evidence that any delay or failure was beyond its control or was acceptable to the consumer as evidenced by a written statement signed by the consumer. If the manufacturer fails to provide the evidence or fails to pay the fine, the attorney general may initiate proceedings against the manufacturer for failure to pay any fine that accrues until compliance with the board’s decision occurs or the maximum penalty of one hundred thousand dollars results. If the attorney general prevails in an enforcement action regarding any fine imposed under this subsection, the attorney general is entitled to reasonable costs and attorneys’ fees. Fines and recovered costs and fees shall be returned to the new motor vehicle arbitration account. [1995 c 254 § 8.] Effective date—Severability—1995 c 254: See notes following RCW 19.118.021. 19.118.100 Trial de novo—Posting security—Recovery. (1) The consumer or the manufacturer may request a trial de novo of the arbitration decision, including a rejection, in superior court. (2) If the manufacturer appeals, the court may require the manufacturer to post security for the consumer’s financial loss due to the passage of time for review. (3) If the consumer prevails, recovery shall include the monetary value of the award, attorneys’ fees and costs incurred in the superior court action, and, if the board awarded the consumer replacement or repurchase of the vehicle and the manufacturer did not comply, continuing damages in the amount of twenty-five dollars per day for all days beyond the forty calendar day period following the manufacturer’s receipt of the consumer’s acceptance of the board’s decision in which the manufacturer did not provide the consumer with the free use of a comparable loaner replacement motor vehicle. If it is determined by the court that the party that appealed acted without good cause in bringing the appeal or brought the appeal solely for the purpose of harassment, the court may triple, but at least shall double, the amount of the total award. [1989 c 347 § 6; 1987 c 344 § 8.] 19.118.100 19.118.110 Arbitration fee—New motor vehicle arbitration account—Report by attorney general. If the new motor vehicle will be registered in the state of Washington, a three-dollar arbitration fee shall be collected by either the new motor vehicle dealer or vehicle lessor from the consumer upon execution of a retail sale or lease agreement. The fee shall be forwarded to the department of licensing at the time of title application for deposit in the new motor vehicle arbitration account hereby created in the state treasury. Moneys in the account shall be used for the purposes of this chapter, subject to appropriation. During the 1995-97 fiscal biennium, the legislature may transfer moneys from the account to the extent that the moneys are not necessary for the purposes of this chapter. At the end of each fiscal year, the attorney general shall prepare a report listing the annual revenue generated and the expenses incurred in implementing and operating the arbitration program under this chapter. [2008 c 93 § 1; 1995 2nd sp.s. c 18 § 910; 1995 c 254 § 7; 1989 c 347 § 7; 1987 c 344 § 9.] 19.118.110 [Title 19 RCW—page 185] 19.118.120 Title 19 RCW: Business Regulations—Miscellaneous Severability—1995 2nd sp.s. c 18: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1995 2nd sp.s. c 18 § 926.] Effective date—1995 2nd sp.s. c 18: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions. Section 807 of this act shall take effect immediately [June 16, 1995]. The remainder of the act shall take effect July 1, 1995." [1995 2nd sp.s. c 18 § 927.] Effective date—Severability—1995 c 254: See notes following RCW 19.118.021. 19.118.120 Application of consumer protection act. A violation of this chapter shall constitute an unfair or deceptive trade practice affecting the public interest under chapter 19.86 RCW. All public and private remedies provided under that chapter shall be available to enforce this chapter. [1987 c 344 § 10.] 19.118.120 19.118.130 Waivers, limitations, disclaimers—Void. Any agreement entered into by a consumer for the purchase of a new motor vehicle that waives, limits, or disclaims the rights set forth in RCW 19.118.021 through 19.118.140 shall be void as contrary to public policy. Said rights shall extend to a subsequent transferee of such new motor vehicle. [1987 c 344 § 11.] 19.118.130 19.118.140 Other rights and remedies not precluded. Nothing in this chapter limits the consumer from pursuing other rights or remedies under any other law. [1987 c 344 § 12.] 19.118.140 19.118.150 Informal dispute resolution settlement procedure. If a manufacturer has established an informal dispute resolution settlement procedure which substantially complies with the applicable provision of Title 16, Code of Federal Regulations Part 703, as from time to time amended, a consumer may choose to first submit a dispute under this chapter to the informal dispute resolution settlement procedure. [1989 c 347 § 8; 1987 c 344 § 14.] 19.118.150 19.118.160 New motor vehicle arbitration boards— When established by attorney general—Membership— Travel expenses and compensation. If the attorney general is unable at any time to contract with private entities to conduct arbitrations under the procedures and standards in this chapter, the attorney general shall establish one or more new motor vehicle arbitration boards. Each such board shall consist of three members appointed by the attorney general, only one of whom may be directly involved in the manufacture, distribution, sale, or service of any motor vehicle. Board members shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060 and shall be compensated pursuant to RCW 43.03.240. [1989 c 347 § 9; 1987 c 344 § 15.] 19.118.160 19.118.170 History of vehicle—Availability to owner. Notwithstanding RCW 46.12.380, the department of licensing shall make available to the registered owner all title history information regarding the vehicle upon request of the registered owner and receipt of a statement that he or she is 19.118.170 [Title 19 RCW—page 186] investigating or pursuing rights under this chapter. [1995 c 254 § 9.] Effective date—Severability—1995 c 254: See notes following RCW 19.118.021. 19.118.900 Effective dates—1987 c 344. (1) Section 9 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect June 1, 1987. (2) Sections 2 through 8, 10 through 12, and 14 through 16 of this act shall take effect January 1, 1988, except that the attorney general may take such actions as are necessary to ensure the new motor vehicle arbitration boards are established and operational. [1987 c 344 § 22.] 19.118.900 19.118.902 Severability—1987 c 344. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1987 c 344 § 23.] 19.118.902 19.118.903 Severability—1989 c 347. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1989 c 347 § 10.] 19.118.903 19.118.904 Effective date—1989 c 347. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 1, 1989. [1989 c 347 § 11.] 19.118.904 Chapter 19.120 RCW GASOLINE DEALER BILL OF RIGHTS ACT Chapter 19.120 Sections 19.120.010 19.120.020 19.120.030 19.120.040 19.120.050 19.120.060 19.120.070 19.120.080 19.120.090 19.120.100 19.120.110 19.120.120 19.120.130 19.120.900 19.120.901 19.120.902 19.120.903 19.120.904 19.120.905 Definitions. Sale of franchise to third party. Sale of franchise to corporation. Franchise considered personal property—Designated successor in interest. Purchase of real estate and improvements owned by refinersupplier—Retailer given right of first refusal—Notice to retailer. Refiner-suppliers—Prohibited conduct. Offers, sales, or purchases of franchises—Unlawful acts. Refiner-supplier and retailer relationship—Rights and prohibitions. Action for damages, rescission, or other relief. Limitation period tolled. Civil actions by retailers—Attorneys’ fees. Civil actions by attorney general—Attorneys’ fees—Criminal actions not limited by chapter. Exception or exemption—Burden of proof—Waiver of provisions of chapter void. Short title. Application of chapter. Intent—Interpretation consistent with chapter 19.100 RCW. Liberal construction. Severability—1986 c 320. Effective date—1986 c 320. 19.120.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. 19.120.010 (2008 Ed.) Gasoline Dealer Bill of Rights Act (1) "Advertisement" means any written or printed communication or any communication by means of recorded telephone messages or spoken on radio, television, or similar communication media published in connection with an offer or sale of a franchise. (2) "Affiliate" means any person, firm, or corporation who controls or is controlled by any motor fuel refiner-supplier, and includes any subsidiary or affiliated corporation in which the motor fuel refiner-supplier or its shareholders, officers, agents, or employees hold or control more than twenty-five percent of the voting shares. (3) "Community interest" means a continuing financial interest between the motor fuel refiner-supplier and motor fuel retailer in the operation of the franchise business. (4) "Motor fuel" means gasoline or diesel fuel of a type distributed for use in self-propelled motor vehicles and includes gasohol. (5) "Motor fuel franchise" means any oral or written contract, either expressed or implied, between a motor fuel refiner-supplier and motor fuel retailer under which the motor fuel retailer is supplied motor fuel for resale to the public under a trademark owned or controlled by the motor fuel refiner-supplier or for sale on commission or for a fee to the public, or any agreements between a motor fuel refiner-supplier and motor fuel retailer under which the retailer is permitted to occupy premises owned, leased, or controlled by the refiner-supplier for the purpose of engaging in the retail sale of motor fuel under a trademark owned or controlled by the motor fuel refiner-supplier supplied by the motor fuel refiner-supplier. (6) "Motor fuel refiner-supplier" means any person, firm, or corporation, including any affiliate of the person, firm, or corporation, engaged in the refining of crude oil into petroleum who supplies motor fuel for sale, consignment, or distribution through retail outlets. (7) "Motor fuel retailer" means a person, firm, or corporation that resells motor fuel entirely at one or more retail motor fuel outlets pursuant to a motor fuel franchise entered into with a refiner-supplier. (8) "Offer or offer to sell" includes every attempt or offer to dispose of or solicitation of an offer to buy a franchise or an interest in a franchise. (9) "Person" means a natural person, corporation, partnership, trust, or other entity and in the case of an entity, it shall include any other entity which has a majority interest in such an entity or effectively controls such other entity as well as the individual officers, directors, and other persons in act of control of the activities of each such entity. (10) "Price" means the net purchase price, after adjustment for commission, brokerage, rebate, discount, services or facilities furnished, or other such adjustment. (11) "Publish" means publicly to issue or circulate by newspaper, mail, radio, or television or otherwise to disseminate to the public. (12) "Retail motor fuel outlet" means any location where motor fuel is distributed for purposes other than resale. (13) "Sale or sell" includes every contract of sale, contract to sell, or disposition of a franchise. (14) "Trademark" means any trademark, trade name, service mark, or other identifying symbol or name. [1989 c 11 § 3; 1986 c 320 § 1.] (2008 Ed.) 19.120.050 Severability—1989 c 11: See note following RCW 9A.56.220. 19.120.020 Sale of franchise to third party. Notwithstanding the terms of any motor fuel franchise, a motor fuel refiner-supplier shall not absolutely prohibit or unreasonably withhold its consent to any sale, assignment, or other transfer of the motor fuel franchise by a motor fuel retailer to a third party without fairly compensating the motor fuel retailer for the fair market value, at the time of expiration of the franchise, of the motor fuel retailer’s inventory, supplies, equipment, and furnishings purchased from the motor fuel refinersupplier, and good will, exclusive of personalized materials which have no value to the motor fuel refiner-supplier, and inventory, supplies, equipment, and furnishings not reasonably required in the conduct of the franchise business. A motor fuel refiner-supplier may offset against amounts owed to a motor fuel retailer under this section any amounts owed by the motor fuel retailer to the motor fuel refiner-supplier. [1986 c 320 § 3.] 19.120.020 19.120.030 Sale of franchise to corporation. Notwithstanding the terms of any motor fuel franchise, no motor fuel refiner-supplier may prohibit or prevent the sale, assignment, or other transfer of the motor fuel franchise to a corporation in which the motor fuel retailer has and maintains a controlling interest if the motor fuel retailer offers in writing personally to guarantee the performance of the obligations under the motor fuel franchise. [1986 c 320 § 4.] 19.120.030 19.120.040 Franchise considered personal property—Designated successor in interest. Notwithstanding the terms of any motor fuel franchise, the interest of a motor fuel retailer under such an agreement shall be considered personal property and shall devolve on the death of the motor fuel retailer to a designated successor in interest of the retailer, limited to the retailer’s spouse, adult child, or adult stepchild or, if no successor in interest is designated, to the retailer’s spouse, if any. The designation shall be made, witnessed in writing by at least two persons, and delivered to the motor fuel refiner-supplier during the term of the franchise. The designation may be revised at any time by the motor fuel retailer and shall be substantially in the following form: 19.120.040 "I (motor fuel retailer name) at the . . . . . . service station located at . . . . . ., in the City of . . . . . ., Washington, designate . . . . . . as my successor in interest under RCW 19.120.030 and . . . . . . as my alternate successor if the originally designated successor is unable or unwilling so to act. I so specify this . . . . day of . . . . . ., 19. . ." The motor fuel refiner-supplier shall assist the designated successor in interest temporarily in the day-to-day operation of the service station to insure continued operation of the service station. [1986 c 320 § 5.] 19.120.050 Purchase of real estate and improvements owned by refiner-supplier—Retailer given right of first refusal—Notice to retailer. Notwithstanding the terms of any motor fuel franchise, the motor fuel retailer shall be given the right of first refusal to purchase the real estate 19.120.050 [Title 19 RCW—page 187] 19.120.060 Title 19 RCW: Business Regulations—Miscellaneous and/or improvements owned by the refiner-supplier at the franchise location, and at least thirty days’ advance notice within which to exercise this right, prior to any sale thereof to any other buyer. [1986 c 320 § 6.] 19.120.060 Refiner-suppliers—Prohibited conduct. Notwithstanding the terms of any motor fuel franchise, no motor fuel refiner-supplier may: (1) Require any motor fuel retailer to meet mandatory minimum sales volume requirements for fuel or other products unless the refiner-supplier proves that its price to the motor fuel retailer has been sufficiently low to enable the motor fuel retailer reasonably to meet the mandatory minimum; (2) Alter, or require the motor fuel retailer to consent to the alteration of, any provision of the motor fuel franchise during its effective term without mutual consent of the motor fuel retailer; (3) Interfere with any motor fuel retailer’s right to assistance of counsel on any matter or to join or be active in any trade association; and (4) Set or compel, directly or indirectly, the retail price at which the motor fuel retailer sells motor fuel or other products to the public. [1986 c 320 § 7.] 19.120.060 19.120.070 Offers, sales, or purchases of franchises— Unlawful acts. It is unlawful for any person in connection with the offer, sale, or purchase of any motor fuel franchise directly or indirectly: (1) To sell or offer to sell a motor fuel franchise in this state by means of any written or oral communication which includes an untrue statement of a material fact or omits to state a material fact necessary in order to make the statements made in light of the circumstances under which they were made not misleading. (2) To employ any device, scheme, or artifice to defraud. (3) To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. [1986 c 320 § 8.] 19.120.070 19.120.080 Refiner-supplier and retailer relationship—Rights and prohibitions. Without limiting the other provisions of this chapter, the following specific rights and prohibitions shall govern the relation between the motor fuel refiner-supplier and the motor fuel retailers: (1) The parties shall deal with each other in good faith. (2) For the purposes of this chapter and without limiting its general application, it shall be an unfair or deceptive act or practice or an unfair method of competition and therefore unlawful and a violation of this chapter for any person to: (a) Require a motor fuel retailer to purchase or lease goods or services of the motor fuel refiner-supplier or from approved sources of supply unless and to the extent that the motor fuel refiner-supplier satisfies the burden of proving that such restrictive purchasing agreements are reasonably necessary for a lawful purpose justified on business grounds, and do not substantially affect competition: PROVIDED, That this provision shall not apply to the initial inventory of the motor fuel franchise. In determining whether a requirement to purchase or lease goods or services constitutes an 19.120.080 [Title 19 RCW—page 188] unfair or deceptive act or practice or an unfair method of competition the courts shall be guided by the decisions of the courts of the United States interpreting and applying the antitrust laws of the United States. (b) Discriminate between motor fuel retailers in the charges offered or made for royalties, goods, services, equipment, rentals, advertising services, or in any other business dealing, unless and to the extent that the motor fuel refinersupplier satisfies the burden of proving that any classification of or discrimination between motor fuel retailers is reasonable, is based on motor fuel franchises granted at materially different times and such discrimination is reasonably related to such difference in time or on other proper and justifiable distinctions considering the purposes of this chapter, and is not arbitrary. (c) Sell, rent, or offer to sell to a motor fuel retailer any product or service for more than a fair and reasonable price. (d) Require a motor fuel retailer to assent to a release, assignment, novation, or waiver which would relieve any person from liability imposed by this chapter. [2000 c 171 § 72; 1986 c 320 § 9.] 19.120.090 Action for damages, rescission, or other relief. (1) Any person who sells or offers to sell a motor fuel franchise in violation of this chapter shall be liable to the motor fuel retailer or motor fuel refiner-supplier who may sue at law or in equity for damages caused thereby for rescission or other relief as the court may deem appropriate. In the case of a violation of RCW 19.120.070 rescission is not available to the plaintiff if the defendant proves that the plaintiff knew the facts concerning the untruth or omission or that the defendant exercised reasonable care and did not know or if he had exercised reasonable care would not have known of the untruth or omission. (2) The suit authorized under subsection (1) of this section may be brought to recover the actual damages sustained by the plaintiff: PROVIDED, That the prevailing party may in the discretion of the court recover the costs of said action including a reasonable attorneys’ fee. (3) Any person who becomes liable to make payments under this section may recover contributions as in cases of contracts from any persons who, if sued separately, would have been liable to make the same payment. (4) A final judgment, order, or decree heretofore or hereafter rendered against a person in any civil, criminal, or administrative proceedings under the United States anti-trust laws, under the Federal Trade Commission Act, or this chapter shall be regarded as evidence against such persons in any action brought by any party against such person under subsection (1) of this section as to all matters which said judgment or decree would be an estoppel between the parties thereto. [1986 c 320 § 10.] 19.120.090 19.120.100 Limitation period tolled. The pendency of any civil, criminal, or administrative proceedings against a person brought by the federal or Washington state governments or any of their agencies under the anti-trust laws, the Federal Trade Commission Act, or any federal or state act related to anti-trust laws or to franchising, or under this chapter shall toll the limitation of this action if the action is then 19.120.100 (2008 Ed.) Underground Utilities instituted within one year after the final judgment or order in such proceedings: PROVIDED, That said limitation of actions shall in any case toll the law so long as there is actual concealment on the part of the person. [1986 c 320 § 11.] 19.120.110 Civil actions by retailers—Attorneys’ fees. Any motor fuel retailer who is injured in his or her business by the commission of any act prohibited by this chapter, or any motor fuel retailer injured because of his or her refusal to accede to a proposal for an arrangement which, if consumated, would be in violation of this chapter may bring a civil action in superior court to enjoin further violations, to recover the actual damages sustained by him or her, or both, together with the costs of the suit, including reasonable attorney’s fees. [1986 c 320 § 12.] 19.120.110 19.120.120 Civil actions by attorney general—Attorneys’ fees—Criminal actions not limited by chapter. (1) The attorney general may bring an action in the name of the state against any person to restrain and prevent the doing of any act herein prohibited or declared to be unlawful. The prevailing party may in the discretion of the court recover the costs of such action including a reasonable attorneys’ fee. (2) Nothing in this chapter limits the power of the state to punish any person for any conduct which constitutes a crime by statute or at common law. [1986 c 320 § 13.] 19.120.905 Effective date—1986 c 320. (1) Sections 20 and 21 are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions and shall take effect immediately. (2) Sections 1 through 19, 22 and 23 of this act shall take effect June 30, 1986. [1986 c 320 § 24.] 19.120.905 Chapter 19.122 19.122.010 19.122.020 19.122.027 19.122.030 19.122.033 19.122.035 19.122.040 19.122.045 19.122.050 19.122.055 19.122.060 19.120.130 19.120.900 Short title. This chapter shall be known as the "gasoline dealer bill of rights act." [1986 c 320 § 19.] 19.120.900 19.120.901 Application of chapter. The provisions of this chapter apply to any motor fuel franchise or contract entered into or renewed on or after June 30, 1986, between a motor fuel refiner-supplier and a motor fuel retailer. [1986 c 320 § 15.] 19.120.901 Chapter 19.122 RCW UNDERGROUND UTILITIES Sections 19.120.120 19.120.130 Exception or exemption—Burden of proof—Waiver of provisions of chapter void. In any proceeding under this chapter, the burden of proving an exception or an exemption from definition is upon the person claiming it. Any condition, stipulation or provision purporting to bind any person acquiring a motor fuel franchise at the time of entering into a motor fuel franchise or other agreement to waive compliance with any provision of this chapter or any rule or order hereunder is void. [1986 c 320 § 14.] 19.122.020 19.122.070 19.122.075 19.122.080 19.122.090 19.122.100 19.122.110 19.122.120 19.122.900 Intent. Definitions. One-number locator services—Single statewide toll-free telephone number. Notice of excavation to owners of underground facilities— One-number locator service—Time for notice—Marking of underground facilities—Costs. Notice of excavation to pipeline companies. Pipeline company duties after notice of excavation—Examination—Information of damage—Notification of local first responders. Underground facilities identified in bid or contract—Excavator’s duty of reasonable care—Liability for damages— Attorneys’ fees. Exemption from liability. Damage to underground facility—Notification by excavator— Repairs or relocation of facility. Failure to notify one-number locator service—Civil penalty, if damages. Exemption from notice and marking requirements for property owners. Civil penalties—Treble damages—Existing remedies not affected. Damage or removal of permanent marking—Civil penalty. Waiver of notification and marking requirements. Excavation without a valid excavation confirmation code— Penalty. Violation of RCW 19.122.090—Affirmative defense. False excavation confirmation code—Penalty. One-number locator service to provide excavation confirmation code. Severability—1984 c 144. 19.122.010 Intent. It is the intent of the legislature in enacting this chapter to assign responsibilities for locating and keeping accurate records of utility locations, protecting and repairing damage to existing underground facilities, and protecting the public health and safety from interruption in utility services caused by damage to existing underground utility facilities. [1984 c 144 § 1.] 19.122.010 19.122.020 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter: (1) "Business day" means any day other than Saturday, Sunday, or a legal local, state, or federal holiday. (2) "Damage" includes the substantial weakening of structural or lateral support of an underground facility, penetration, impairment, or destruction of any underground protective coating, housing, or other protective device, or the severance, partial or complete, of any underground facility to the extent that the project owner or the affected utility owner determines that repairs are required. (3) "Emergency" means any condition constituting a clear and present danger to life or property, or a customer service outage. 19.122.020 19.120.902 Intent—Interpretation consistent with chapter 19.100 RCW. It is the intent of the legislature that this chapter be interpreted consistent with chapter 19.100 RCW. [1986 c 320 § 17.] 19.120.902 19.120.903 Liberal construction. This chapter shall be liberally construed to effectuate its beneficial purposes. [1986 c 320 § 18.] 19.120.903 19.120.904 Severability—1986 c 320. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1986 c 320 § 22.] 19.120.904 (2008 Ed.) [Title 19 RCW—page 189] 19.122.027 Title 19 RCW: Business Regulations—Miscellaneous (4) "Excavation" means any operation in which earth, rock, or other material on or below the ground is moved or otherwise displaced by any means, except the tilling of soil less than twelve inches in depth for agricultural purposes, or road and ditch maintenance that does not change the original road grade or ditch flowline. (5) "Excavation confirmation code" means a code or ticket issued by the one-number locator service for the site where an excavation is planned. The code must be accompanied by the date and time it was issued. (6) "Excavator" means any person who engages directly in excavation. (7) "Gas" means natural gas, flammable gas, or toxic or corrosive gas. (8) "Hazardous liquid" means: (a) Petroleum, petroleum products, or anhydrous ammonia as those terms are defined in 49 C.F.R. Part 195 as in effect on March 1, 1998; and (b) carbon dioxide. The utilities and transportation commission may by rule incorporate by reference other substances designated as hazardous by the secretary of transportation. (9) "Identified facility" means any underground facility which is indicated in the project plans as being located within the area of proposed excavation. (10) "Identified but unlocatable underground facility" means an underground facility which has been identified but cannot be located with reasonable accuracy. (11) "Locatable underground facility" means an underground facility which can be field-marked with reasonable accuracy. (12) "Marking" means the use of stakes, paint, or other clearly identifiable materials to show the field location of underground facilities, in accordance with the current color code standard of the American public works association. Markings shall include identification letters indicating the specific type of the underground facility. (13) "Notice" or "notify" means contact in person or by telephone or other electronic methods that results in the receipt of a valid excavation confirmation code. (14) "One-number locator service" means a service through which a person can notify utilities and request fieldmarking of underground facilities. (15) "Operator" means the individual conducting the excavation. (16) "Person" means an individual, partnership, franchise holder, association, corporation, a state, a city, a county, or any subdivision or instrumentality of a state, and its employees, agents, or legal representatives. (17) "Pipeline" or "pipeline system" means all or parts of a pipeline facility through which hazardous liquid or gas moves in transportation, including, but not limited to, line pipe, valves, and other appurtenances connected to line pipe, pumping units, fabricated assemblies associated with pumping or compressor units, metering and delivery stations and fabricated assemblies therein, and breakout tanks. "Pipeline" or "pipeline system" does not include process or transfer pipelines. (18) "Pipeline company" means a person or entity constructing, owning, or operating a pipeline for transporting hazardous liquid or gas. A pipeline company does not include: (a) Distribution systems owned and operated under franchise for the sale, delivery, or distribution of natural gas [Title 19 RCW—page 190] at retail; or (b) excavation contractors or other contractors that contract with a pipeline company. (19) "Reasonable accuracy" means location within twenty-four inches of the outside dimensions of both sides of an underground facility. (20) "Transfer pipeline" means a buried or aboveground pipeline used to carry hazardous liquid between a tank vessel or transmission pipeline and the first valve inside secondary containment at the facility provided that any discharge on the facility side of that first valve will not directly impact waters of the state. A transfer pipeline includes valves, and other appurtenances connected to the pipeline, pumping units, and fabricated assemblies associated with pumping units. A transfer pipeline does not include process pipelines, pipelines carrying ballast or bilge water, transmission pipelines, or tank vessel or storage tanks. (21) "Transmission pipeline" means a pipeline that transports hazardous liquid or gas within a storage field, or transports hazardous liquid or gas from an interstate pipeline or storage facility to a distribution main or a large volume hazardous liquid or gas user, or operates at a hoop stress of twenty percent or more of the specified minimum yield strength. (22) "Underground facility" means any item buried or placed below ground for use in connection with the storage or conveyance of water, sewage, electronic, telephonic or telegraphic communications, cablevision, electric energy, petroleum products, gas, gaseous vapors, hazardous liquids, or other substances and including but not limited to pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments, and those parts of poles or anchors below ground. This definition does not include pipelines as defined in subsection (17) of this section, but does include distribution systems owned and operated under franchise for the sale, delivery, or distribution of natural gas at retail. [2007 c 142 § 9; 2005 c 448 § 1; 2000 c 191 § 15; 1984 c 144 § 2.] Intent—Findings—Conflict with federal requirements—Short title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900 through 81.88.902. 19.122.027 One-number locator services—Single statewide toll-free telephone number. (1) The utilities and transportation commission shall cause to be established a single statewide toll-free telephone number to be used for referring excavators to the appropriate one-number locator service. (2) The utilities and transportation commission, in consultation with the Washington utilities coordinating council, shall establish minimum standards and best management practices for one-number locator services. (3) One-number locator services shall be operated by nongovernmental agencies. [2005 c 448 § 2; 2000 c 191 § 16.] 19.122.027 Intent—Findings—Conflict with federal requirements—Short title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900 through 81.88.902. 19.122.030 Notice of excavation to owners of underground facilities—One-number locator service—Time for notice—Marking of underground facilities—Costs. (1) Before commencing any excavation, excluding agricul19.122.030 (2008 Ed.) Underground Utilities ture tilling less than twelve inches in depth, the excavator shall provide notice of the scheduled commencement of excavation to all owners of underground facilities through a one-number locator service. (2) All owners of underground facilities within a onenumber locator service area shall subscribe to the service. One-number locator service rates for cable television companies will be based on the amount of their underground facilities. If no one-number locator service is available, notice shall be provided individually to those owners of underground facilities known to or suspected of having underground facilities within the area of proposed excavation. The notice shall be communicated to the owners of underground facilities not less than two business days or more than ten business days before the scheduled date for commencement of excavation, unless otherwise agreed by the parties. (3) Upon receipt of the notice provided for in this section, the owner of the underground facility shall provide the excavator with reasonably accurate information as to its locatable underground facilities by surface-marking the location of the facilities. If there are identified but unlocatable underground facilities, the owner of such facilities shall provide the excavator with the best available information as to their locations. The owner of the underground facility providing the information shall respond no later than two business days after the receipt of the notice or before the excavation time, at the option of the owner, unless otherwise agreed by the parties. Excavators shall not excavate until all known facilities have been marked. Once marked by the owner of the underground facility, the excavator is responsible for maintaining the markings. Excavators shall have the right to receive compensation from the owner of the underground facility for costs incurred if the owner of the underground facility does not locate its facilities in accordance with this section. (4) The owner of the underground facility shall have the right to receive compensation for costs incurred in responding to excavation notices given less than two business days prior to the excavation from the excavator. (5) An owner of underground facilities is not required to indicate the presence of existing service laterals or appurtenances if the presence of existing service laterals or appurtenances on the site of the construction project can be determined from the presence of other visible facilities, such as buildings, manholes, or meter and junction boxes on or adjacent to the construction site. (6) Emergency excavations are exempt from the time requirements for notification provided in this section. (7) If the excavator, while performing the contract, discovers underground facilities which are not identified, the excavator shall cease excavating in the vicinity of the facility and immediately notify the owner or operator of such facilities, or the one-number locator service. [2000 c 191 § 17; 1988 c 99 § 1; 1984 c 144 § 3.] Intent—Findings—Conflict with federal requirements—Short title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900 through 81.88.902. Damages to facilities on state highways: RCW 47.44.150. 19.122.033 Notice of excavation to pipeline companies. (1) Before commencing any excavation, excluding 19.122.033 (2008 Ed.) 19.122.035 agricultural tilling less than twelve inches in depth, an excavator shall notify pipeline companies of the scheduled commencement of excavation through a one-number locator service in the same manner as is required for notifying owners of underground facilities of excavation work under RCW 19.122.030. Pipeline companies shall have the same rights and responsibilities as owners of underground facilities under RCW 19.122.030 regarding excavation work. Excavators have the same rights and responsibilities under this section as they have under RCW 19.122.030. (2) Project owners, excavators, and pipeline companies have the same rights and responsibilities relating to excavation near pipelines that they have for excavation near underground facilities as provided in RCW 19.122.040. [2000 c 191 § 18.] Intent—Findings—Conflict with federal requirements—Short title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900 through 81.88.902. 19.122.035 Pipeline company duties after notice of excavation—Examination—Information of damage— Notification of local first responders. (1) After a pipeline company has been notified by an excavator pursuant to RCW 19.122.033 that excavation work will uncover any portion of the pipeline, the pipeline company shall ensure that the pipeline section in the vicinity of the excavation is examined for damage prior to being reburied. (2) Immediately upon receiving information of thirdparty damage to a hazardous liquid pipeline, the company that operates the pipeline shall terminate the flow of hazardous liquid in that pipeline until it has visually inspected the pipeline. After visual inspection, the operator of the hazardous liquid pipeline shall determine whether the damaged pipeline section should be replaced or repaired, or whether it is safe to resume pipeline operation. Immediately upon receiving information of third-party damage to a gas pipeline, the company that operates the pipeline shall conduct a visual inspection of the pipeline to determine whether the flow of gas through that pipeline should be terminated, and whether the damaged pipeline should be replaced or repaired. A record of the pipeline company’s inspection report and test results shall be provided to the utilities and transportation commission consistent with reporting requirements under 49 C.F.R. 195 Subpart B. (3) Pipeline companies shall immediately notify local first responders and the department of any reportable release of a hazardous liquid from a pipeline. Pipeline companies shall immediately notify local first responders and the commission of any blowing gas leak from a gas pipeline that has ignited or represents a probable hazard to persons or property. Pipeline companies shall take all appropriate steps to ensure the public safety in the event of a release of hazardous liquid or gas under this subsection. (4) No damaged pipeline may be buried until it is repaired or relocated. The pipeline company shall arrange for repairs or relocation of a damaged pipeline as soon as is practical or may permit the excavator to do necessary repairs or relocation at a mutually acceptable price. [2000 c 191 § 19.] 19.122.035 Intent—Findings—Conflict with federal requirements—Short title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900 through 81.88.902. [Title 19 RCW—page 191] 19.122.040 Title 19 RCW: Business Regulations—Miscellaneous 19.122.040 Underground facilities identified in bid or contract—Excavator’s duty of reasonable care—Liability for damages—Attorneys’ fees. (1) Project owners shall indicate in bid or contract documents the existence of underground facilities known by the project owner to be located within the proposed area of excavation. The following shall be deemed changed or differing site conditions: (a) An underground facility not identified as required by this chapter or other provision of law; and (b) An underground facility not located, as required by this chapter or other provision of law, by the project owner or excavator if the project owner or excavator is also a utility. (2) An excavator shall use reasonable care to avoid damaging underground facilities. An excavator shall: (a) Determine the precise location of underground facilities which have been marked; (b) Plan the excavation to avoid damage to or minimize interference with underground facilities in and near the excavation area; and (c) Provide such support for underground facilities in and near the construction area, including during backfill operations, as may be reasonably necessary for the protection of such facilities. (3) If an underground facility is damaged and such damage is the consequence of the failure to fulfill an obligation under this chapter, the party failing to perform that obligation shall be liable for any damages. Any clause in an excavation contract which attempts to allocate liability, or requires indemnification to shift the economic consequences of liability, different from the provisions of this chapter is against public policy and unenforceable. Nothing in this chapter prevents the parties to an excavation contract from contracting with respect to the allocation of risk for changed or differing site conditions. (4) In any action brought under this section, the prevailing party is entitled to reasonable attorneys’ fees. [1984 c 144 § 4.] 19.122.040 19.122.045 Exemption from liability. Excavators who comply with the requirements of this chapter are not liable for any damages arising from contact or damage to an underground fiber optics facility other than the cost to repair the facility. [1988 c 99 § 2.] 19.122.045 19.122.050 Damage to underground facility—Notification by excavator—Repairs or relocation of facility. (1) An excavator who, in the course of excavation, contacts or damages an underground facility shall notify the utility owning or operating such facility and the one-number locator service. If the damage causes an emergency condition, the excavator causing the damage shall also alert the appropriate local public safety agencies and take all appropriate steps to ensure the public safety. No damaged underground facility may be buried until it is repaired or relocated. (2) The owner of the underground facilities damaged shall arrange for repairs or relocation as soon as is practical or may permit the excavator to do necessary repairs or relocation at a mutually acceptable price. [1984 c 144 § 5.] 19.122.050 19.122.055 Failure to notify one-number locator service—Civil penalty, if damages. (1)(a) Any excavator who 19.122.055 [Title 19 RCW—page 192] fails to notify the one-number locator service and causes damage to a hazardous liquid or gas pipeline is subject to a civil penalty of not more than ten thousand dollars for each violation. (b) The civil penalty in this subsection may also be imposed on any excavator who violates RCW 19.122.090. (2) All civil penalties recovered under this section shall be deposited into the pipeline safety account created in RCW 81.88.050. [2005 c 448 § 3; 2001 c 238 § 5; 2000 c 191 § 24.] Intent—Finding—Effective date—2001 c 238: See notes following RCW 80.24.060. Intent—Findings—Conflict with federal requirements—Short title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900 through 81.88.902. 19.122.060 Exemption from notice and marking requirements for property owners. An excavation of less than twelve inches in vertical depth on private noncommercial property shall be exempt from the requirements of RCW 19.122.030, if the excavation is being performed by the person or an employee of the person who owns or occupies the property on which the excavation is being performed. [1984 c 144 § 6.] 19.122.060 19.122.070 Civil penalties—Treble damages—Existing remedies not affected. (1) Any person who violates any provision of this chapter not amounting to a violation of RCW 19.122.055, and which violation results in damage to underground facilities, is subject to a civil penalty of not more than one thousand dollars for each violation. All penalties recovered in such actions shall be deposited in the general fund. (2) Any excavator who willfully or maliciously damages a field-marked underground facility shall be liable for treble the costs incurred in repairing or relocating the facility. In those cases in which an excavator fails to notify known underground facility owners or the one-number locator service, any damage to the underground facility shall be deemed willful and malicious and shall be subject to treble damages for costs incurred in repairing or relocating the facility. (3) This chapter does not affect any civil remedies for personal injury or for property damage, including that to underground facilities, nor does this chapter create any new civil remedies for such damage. [2005 c 448 § 4; 1984 c 144 § 7.] 19.122.070 Damages to facilities on state highways: RCW 47.44.150. 19.122.075 Damage or removal of permanent marking—Civil penalty. Any person who willfully damages or removes a permanent marking used to identify an underground facility or pipeline, or a temporary marking prior to its intended use, is subject to a civil penalty of not more than one thousand dollars for each act. [2000 c 191 § 23.] 19.122.075 Intent—Findings—Conflict with federal requirements—Short title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900 through 81.88.902. 19.122.080 Waiver of notification and marking requirements. The notification and marking provisions of this chapter may be waived for one or more designated persons by an underground facility owner with respect to all or 19.122.080 (2008 Ed.) Wholesale Distributors and Suppliers of Malt Beverages part of that underground facility owner’s own underground facilities. [1984 c 144 § 8.] 19.122.090 Excavation without a valid excavation confirmation code—Penalty. Any excavator who excavates, without a valid excavation confirmation code when required under this chapter, within thirty-five feet of a transmission pipeline is guilty of a misdemeanor. [2005 c 448 § 5.] 19.122.090 19.122.100 Violation of RCW 19.122.090—Affirmative defense. If charged with a violation of RCW 19.122.090, an operator will be deemed to have established an affirmative defense to such charges if: (1) The operator was provided a valid excavation confirmation code; (2) The excavation was performed in an emergency situation; (3) The operator was provided a false confirmation code by an identifiable third party; or (4) Notice of the excavation was not required under this chapter. [2005 c 448 § 6.] 19.122.100 19.122.110 False excavation confirmation code— Penalty. Any person who intentionally provides an operator with a false excavation confirmation code is guilty of a misdemeanor. [2005 c 448 § 7.] 19.122.110 19.122.120 One-number locator service to provide excavation confirmation code. Upon receipt, during normal business hours, of notice of an intended excavation, the onenumber locator service shall provide an excavation confirmation code. [2005 c 448 § 8.] 19.122.120 19.122.900 Severability—1984 c 144. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1984 c 144 § 9.] 19.122.900 Chapter 19.126 RCW WHOLESALE DISTRIBUTORS AND SUPPLIERS OF MALT BEVERAGES Chapter 19.126 (Formerly: Wholesale distributors and suppliers of wine and malt beverages) Sections 19.126.010 19.126.020 19.126.030 19.126.040 19.126.050 19.126.060 19.126.070 19.126.080 19.126.900 19.126.901 Purpose. Definitions. Suppliers’ protections. Distributors’ protections. Suppliers’ prohibited acts. Attorney’s fees—Costs. Suspension or cancellation of license or certificate. Civil actions—Injunctive relief. Short title. Severability—1984 c 169. 19.126.010 Purpose. (1) The legislature recognizes that both suppliers and wholesale distributors of malt beverages are interested in the goal of best serving the public interest through the fair, efficient, and competitive distribution of 19.126.010 (2008 Ed.) 19.126.020 such beverages. The legislature encourages them to achieve this goal by: (a) Assuring the wholesale distributor’s freedom to manage the business enterprise, including the wholesale distributor’s right to independently establish its selling prices; and (b) Assuring the supplier and the public of service from wholesale distributors who will devote their best competitive efforts and resources to sales and distribution of the supplier’s products which the wholesale distributor has been granted the right to sell and distribute. (2) This chapter governs the relationship between suppliers of malt beverages and their wholesale distributors to the full extent consistent with the Constitution and laws of this state and of the United States. [2003 c 59 § 1; 1984 c 169 § 1.] Effective date—2003 c 59: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 17, 2003]." [2003 c 59 § 3.] 19.126.020 Definitions. The definitions set forth in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Agreement of distributorship" means any contract, agreement, commercial relationship, license, association, or any other arrangement, for a definite or indefinite period, between a supplier and distributor. (2) "Distributor" means any person, including but not limited to a component of a supplier’s distribution system constituted as an independent business, importing or causing to be imported into this state, or purchasing or causing to be purchased within this state, any malt beverage for sale or resale to retailers licensed under the laws of this state, regardless of whether the business of such person is conducted under the terms of any agreement with a malt beverage manufacturer. (3) "Supplier" means any malt beverage manufacturer or importer who enters into or is a party to any agreement of distributorship with a wholesale distributor. "Supplier" does not include: (a) Any domestic brewery or microbrewery licensed under RCW 66.24.240 and producing less than fifty thousand barrels of malt liquor annually; (b) any brewer or manufacturer of malt liquor producing less than fifty thousand barrels of malt liquor annually and holding a certificate of approval issued under RCW 66.24.270; or (c) any authorized representative of malt liquor manufacturers who holds an appointment from one or more malt liquor manufacturers which, in the aggregate, produce less than fifty thousand barrels of malt liquor. (4) "Malt beverage manufacturer" means every brewer, fermenter, processor, bottler, or packager of malt beverages located within or outside this state, or any other person, whether located within or outside this state, who enters into an agreement of distributorship for the resale of malt beverages in this state with any wholesale distributor doing business in the state of Washington. (5) "Importer" means any distributor importing beer into this state for sale to retailer accounts or for sale to other distributors designated as "subjobbers" for resale. (6) "Authorized representative" has the same meaning as "authorized representative" as defined in RCW 66.04.010. 19.126.020 [Title 19 RCW—page 193] 19.126.030 Title 19 RCW: Business Regulations—Miscellaneous (7) "Person" means any natural person, corporation, partnership, trust, agency, or other entity, as well as any individual officers, directors, or other persons in active control of the activities of such entity. [2004 c 160 § 19; 2003 c 59 § 2; 1997 c 321 § 41; 1984 c 169 § 2.] Effective date—2004 c 160: See note following RCW 66.04.010. Effective date—2003 c 59: See note following RCW 19.126.010. Effective date—1997 c 321: See note following RCW 66.24.010. 19.126.030 Suppliers’ protections. Suppliers are entitled to the following protections which shall be incorporated in the agreement of distributorship: (1) Agreements between suppliers and wholesale distributors shall be in writing; (2) A wholesale distributor shall maintain the financial and competitive capability necessary to achieve efficient and effective distribution of the supplier’s products; (3) A wholesale distributor shall maintain the quality and integrity of the supplier’s product in the manner set forth by the supplier; (4) A wholesale distributor shall exert its best efforts to sell the product of the supplier and shall merchandise such products in the stores of its retail customers as agreed between the wholesale distributor and supplier; (5) The supplier may cancel or otherwise terminate any agreement with a wholesale distributor immediately and without notice if the reason for such termination is insolvency, the occurrence of an assignment for the benefit of creditors, bankruptcy, or suspension in excess of fourteen days or revocation of a license issued by the state liquor board; (6) A wholesale distributor shall give the supplier prior written notice, of not less than ninety days, of any material change in its ownership or management and the supplier has the right to reasonable prior approval of any such change; and (7) A wholesale distributor shall give the supplier prior written notice, of not less than ninety days, of the wholesale distributor’s intent to cancel or otherwise terminate the distributorship agreement. [1984 c 169 § 3.] 19.126.030 19.126.040 Distributors’ protections. Wholesale distributors are entitled to the following protections which shall be incorporated in the agreement of distributorship: (1) Agreements between wholesale distributors and suppliers shall be in writing; (2) A supplier shall give the wholesale distributor at least sixty days prior written notice of the supplier’s intent to cancel or otherwise terminate the agreement, unless such termination is based on a reason set forth in RCW 19.126.030(5). The notice shall state all the reasons for the intended termination or cancellation. Upon receipt of notice, the wholesale distributor shall have sixty days in which to rectify any claimed deficiency. If the deficiency is rectified within this sixty-day period, the proposed termination or cancellation is null and void and without legal effect; (3) The wholesale distributor is entitled to compensation for the laid-in cost of inventory and liquidated damages measured on the fair market price of the business as provided for in the agreement for any termination of the agreement by the supplier other than termination for cause, for failure to live up to the terms and conditions of the agreement, or any reason set forth in RCW 19.126.030(5); and (4) The wholesale distributor may sell or transfer its business, or any portion thereof, including the agreement, to successors in interest upon prior approval of the transfer by the supplier. No supplier may unreasonably withhold or delay its approval of any transfer, including wholesaler’s rights and obligations under the terms of the agreement, if the person or persons to be substituted meet reasonable standards imposed by the supplier. [1984 c 169 § 4.] 19.126.050 19.126.050 Suppliers’ prohibited acts. No supplier may: (1) Coerce or induce, or attempt to induce or coerce, any wholesale distributor to engage in any illegal act or course of conduct; (2) Require a wholesale distributor to assent to any unreasonable requirement, condition, understanding, or term of an agreement which prohibits a wholesaler from selling the product of any other supplier or suppliers; (3) Require a wholesale distributor to accept delivery of any product or any other item or commodity which was not ordered by the wholesale distributor; or (4) Fail or refuse to enter into an agreement of distributorship with a wholesale distributor that handles the supplier’s products. [1985 c 440 § 1; 1984 c 169 § 5.] 19.126.060 19.126.060 Attorney’s fees—Costs. In any action brought by a wholesale distributor or a supplier pursuant to this chapter, the prevailing party shall be awarded its reasonable attorney’s fees and costs. [1984 c 169 § 6.] 19.126.070 19.126.070 Suspension or cancellation of license or certificate. Continued violation of this chapter constitutes grounds, in the discretion of the state liquor control board, for suspension or cancellation under RCW 66.24.010 of any license or certificate held by a supplier or its agent. [1985 c 440 § 2.] 19.126.040 [Title 19 RCW—page 194] 19.126.080 19.126.080 Civil actions—Injunctive relief. A person injured by a violation of this chapter may bring a civil action in a court of competent jurisdiction to enjoin further violations. Injunctive relief may be granted in an action brought under this chapter without the injured party being required to post bond if, in the opinion of the court, there exists a likelihood that the injured party will prevail on the merits. [1985 c 440 § 3.] 19.126.900 19.126.900 Short title. This chapter may be known and cited as the wholesale distributor/supplier equity agreement act. [1984 c 169 § 7.] 19.126.901 19.126.901 Severability—1984 c 169. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1984 c 169 § 9.] (2008 Ed.) Credit Services Organization Act Chapter 19.130 Chapter 19.130 RCW TELEPHONE BUYERS’ PROTECTION ACT Sections 19.130.010 19.130.020 19.130.030 19.130.040 19.130.050 19.130.060 19.130.900 19.130.901 Legislative findings. Sales of new or reconditioned telephone equipment—Disclosure of certain information. Certain advertising media—Application of chapter. Certain radio equipment—Application of chapter. Equipment not intended for connection to telephone network and used equipment located on customer’s premises— Application of chapter. Violations—Application of consumer protection act. Chapter cumulative. Short title. 19.130.010 Legislative findings. The legislature finds that the federal deregulation of the telephone industry provides telephone users with the opportunity to purchase and use telephone and other telecommunications equipment suited to their needs. The legislature finds that competitive markets function optimally when potential buyers have adequate information about the capabilities and reliability of the equipment offered for sale. The legislature further finds that disclosure of certain product information will benefit both buyers and sellers of telephone and other telecommunications equipment and is in the public interest. [1984 c 275 § 1.] 19.134.010 19.130.050 Equipment not intended for connection to telephone network and used equipment located on customer’s premises—Application of chapter. This chapter shall not apply to equipment not intended for connection to the telephone network, nor to used equipment located on the customer’s premises. [1984 c 275 § 5.] 19.130.050 19.130.060 Violations—Application of consumer protection act. Violation of this chapter constitutes a violation of chapter 19.86 RCW, the consumer protection act. It shall be presumed that damages to the consumer are equal to the purchase price of any telephone equipment sold in violation of this chapter up to one hundred dollars. Additional damages must be proved. [1984 c 275 § 7.] 19.130.060 19.130.010 19.130.020 Sales of new or reconditioned telephone equipment—Disclosure of certain information. Any person offering for sale or selling new or reconditioned telephone handsets or keysets, private branch exchanges, or private automatic branch exchanges of not more than a twentystation capacity, shall clearly disclose prior to sale by methods which may include posting of notice or printing on the equipment package the following: (1) Whether the equipment uses pulse, tone, pulse-ortone, or other signaling methods, and a general description of the services that can be accessed through the equipment; (2) Whether the equipment is registered with the federal communications commission under the applicable federal regulations; (3) The person responsible for repair of the equipment; (4) Standard repair charges, if any; and (5) The terms of any written warranty offered with the equipment. [1984 c 275 § 2.] 19.130.020 19.130.030 Certain advertising media—Application of chapter. Nothing in this chapter applies to a radio station, television station, publisher, printer, or distributor of a newspaper, magazine, billboard, or other advertising medium which accepts advertising in good faith without knowledge of its violation of any provision of this chapter. [1984 c 275 § 3.] 19.130.030 19.130.040 Certain radio equipment—Application of chapter. This chapter shall not apply to radio equipment used for land, marine, or air mobile service, or any like service, whether or not such equipment is capable of interconnection by manual or automatic means to a telephone line. [1984 c 275 § 4.] 19.130.040 (2008 Ed.) 19.130.900 Chapter cumulative. The rights, obligations, and remedies under this chapter are in addition to any rights, obligations, or remedies under federal statutes or regulations or other state statutes or rules. [1984 c 275 § 6.] 19.130.900 19.130.901 Short title. This chapter may be known and cited as the telephone buyers’ protection act. [1984 c 275 § 8.] 19.130.901 Chapter 19.134 RCW CREDIT SERVICES ORGANIZATION ACT Chapter 19.134 Sections 19.134.010 19.134.020 19.134.030 19.134.040 19.134.050 19.134.060 19.134.070 19.134.080 19.134.900 Definitions. Prohibited conduct. Surety bond and trust account—Exception to requirement. Information statement—Prerequisite to contract or payment— File maintained. Information statement—Contents. Contract for purchase of services—Contents—Notice of cancellation—Buyer’s copy. Waiver of rights—Violations—Enforcement—Unfair business practice. Damages—Attorney’s fees. Short title. 19.134.010 Definitions. As used in this chapter: (1) "Buyer" means any individual who is solicited to purchase or who purchases the services of a credit services organization. (2)(a) "Credit services organization" means any person who, with respect to the extension of credit by others, sells, provides, performs, or represents that he or she can or will sell, provide, or perform, in return for the payment of money or other valuable consideration any of the following services: (i) Improving, saving, or preserving a buyer’s credit record, history, or rating; (ii) Obtaining an extension of credit for a buyer; (iii) Stopping, preventing, or delaying the foreclosure of a deed of trust, mortgage, or other security agreement; or (iv) Providing advice or assistance to a buyer with regard to either (a)(i), (a)(ii), or (a)(iii) of this subsection. (b) "Credit services organization" does not include: (i) Any person authorized to make loans or extensions of credit under the laws of this state or the United States who is subject to regulation and supervision by this state or the United States or a lender approved by the United States secretary of housing and urban development for participation in 19.134.010 [Title 19 RCW—page 195] 19.134.020 Title 19 RCW: Business Regulations—Miscellaneous any mortgage insurance program under the national housing act; (ii) Any bank, savings bank, or savings and loan institution whose deposits or accounts are eligible for insurance by the federal deposit insurance corporation or the federal savings and loan insurance corporation, or a subsidiary of such bank, savings bank, or savings and loan institution; (iii) Any credit union, federal credit union, or out-ofstate credit union doing business in this state under chapter 31.12 RCW; (iv) Any nonprofit organization exempt from taxation under section 501(c)(3) of the internal revenue code; (v) Any person licensed as a real estate broker by this state if the person is acting within the course and scope of that license; (vi) Any person licensed as a collection agency pursuant to chapter 19.16 RCW if acting within the course and scope of that license; (vii) Any person licensed to practice law in this state if the person renders services within the course and scope of his or her practice as an attorney; (viii) Any broker-dealer registered with the securities and exchange commission or the commodity futures trading commission if the broker-dealer is acting within the course and scope of that regulation; (ix) Any consumer reporting agency as defined in the federal fair credit reporting act, 15 U.S.C. Secs. 1681 through 1681t; or (x) Any mortgage broker as defined in RCW 19.146.010 if acting within the course and scope of that definition. (3) "Extension of credit" means the right to defer payment of debt or to incur debt and defer its payment offered or granted primarily for personal, family, or household purposes. [1989 c 303 § 1; 1986 c 218 § 2.] 19.134.020 Prohibited conduct. A credit services organization, its salespersons, agents, and representatives, and independent contractors who sell or attempt to sell the services of a credit services organization may not do any of the following: (1) Charge or receive any money or other valuable consideration prior to full and complete performance of the services the credit services organization has agreed to perform for the buyer, unless the credit services organization has obtained a surety bond of ten thousand dollars issued by a surety company admitted to do business in this state and established a trust account at a federally insured bank or savings and loan association located in this state. The surety bond shall run to the state of Washington and the buyers. The surety bond shall be issued on the condition that the principal comply with all provisions of this chapter and fully perform on all contracts entered into with buyers. The surety bond shall be continuous until canceled and shall remain in full force and unimpaired at all times to comply with this section. The surety’s liability for all claims in the aggregate against the continuous bond shall not exceed the penal sum of the bond. An action on the bond may be brought by the state or by any buyer by filing a complaint in a court of competent jurisdiction, including small claims court, within one year of cancellation of the surety bond. A complaint may be mailed by registered or certified mail, return receipt requested, to the 19.134.020 [Title 19 RCW—page 196] surety and shall constitute good and sufficient service on the surety; (2) Charge or receive any money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer if the credit that is or will be extended to the buyer is upon substantially the same terms as those available to the general public; (3) Make or counsel or advise any buyer to make any statement that is untrue or misleading or that should be known by the exercise of reasonable care to be untrue or misleading, to a credit reporting agency or to any person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit with respect to a buyer’s credit worthiness, credit standing, or credit capacity; (4) Make or use any untrue or misleading representations in the offer or sale of the services of a credit services organization or engage, directly or indirectly, in any act, practice, or course of business that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a credit services organization. [1989 c 303 § 2; 1986 c 218 § 3.] 19.134.030 Surety bond and trust account—Exception to requirement. If a credit services organization is in compliance with RCW 19.134.020(1), the salesperson, agent, or representative who sells the services of that organization is not required to obtain a surety bond and establish a trust account. [1986 c 218 § 4.] 19.134.030 19.134.040 Information statement—Prerequisite to contract or payment—File maintained. Before the execution of a contract or agreement between the buyer and a credit services organization or before the receipt by the credit services organization of any money or other valuable consideration, whichever occurs first, the credit services organization shall provide the buyer with a statement in writing, containing all the information required by RCW 19.134.050. The credit services organization shall maintain on file for a period of two years an exact copy of the statement, personally signed by the buyer, acknowledging receipt of a copy of the statement. [1986 c 218 § 5.] 19.134.040 19.134.050 Information statement—Contents. The information statement required under RCW 19.134.040 shall include all of the following: (1)(a) A complete and accurate statement of the buyer’s right to review any file on the buyer maintained by any consumer reporting agency, as provided under the federal Fair Credit Reporting Act, 15 U.S.C. Secs. 1681 through 1681t; (b) A statement that the buyer may review his or her consumer reporting agency file at no charge if a request is made to the consumer credit reporting agency within thirty days after receiving notice that credit has been denied; and (c) The approximate price the buyer will be charged by the consumer reporting agency to review his or her consumer reporting agency file; (2) A complete and accurate statement of the buyer’s right to dispute the completeness or accuracy of any item contained in any file on the buyer maintained by any consumer reporting agency; 19.134.050 (2008 Ed.) Sellers of Travel (3) A complete and detailed description of the services to be performed by the credit services organization for the buyer and the total amount the buyer will have to pay, or become obligated to pay, for the services; (4) A statement asserting the buyer’s right to proceed against the bond or trust account required under RCW 19.134.020; and (5) The name and address of the surety company that issued the bond, or the name and address of the depository and the trustee and the account number of the trust account. [1986 c 218 § 6.] 19.134.060 Contract for purchase of services—Contents—Notice of cancellation—Buyer’s copy. (1) Each contract between the buyer and a credit services organization for the purchase of the services of the credit services organization shall be in writing, dated, signed by the buyer, and include all of the following: (a) A conspicuous statement in bold face type, in immediate proximity to the space reserved for the signature of the buyer, as follows: "You, the buyer, may cancel this contract at any time prior to midnight of the fifth day after the date of the transaction. See the attached notice of cancellation form for an explanation of this right"; (b) The terms and conditions of payment, including the total of all payments to be made by the buyer, whether to the credit services organization or to some other person; (c) A full and detailed description of the services to be performed by the credit services organization for the buyer, including all guarantees and all promises of full or partial refunds, and the estimated date by which the services are to be performed, or estimated length of time for performing the services; (d) The credit services organization’s principal business address and the name and address of its agent in the state authorized to receive service of process; (2) The contract shall be accompanied by a completed form in duplicate, captioned "Notice of Cancellation" that shall be attached to the contract, be easily detachable, and contain in bold face type the following statement written in the same language as used in the contract. 19.134.060 "Notice of Cancellation You may cancel this contract, without any penalty or obligation within five days from the date the contract is signed. If you cancel any payment made by you under this contract, it will be returned within ten days following receipt by the seller of your cancellation notice. To cancel this contract, mail or deliver a signed dated copy of this cancellation notice, or any other written notice to (name of seller) at (address of seller) (place of business) not later than midnight (date) I hereby cancel this transaction, (date) (purchaser’s signature) " The credit services organization shall give to the buyer a copy of the completed contract and all other documents the (2008 Ed.) Chapter 19.138 credit services organization requires the buyer to sign at the time they are signed. [1986 c 218 § 7.] 19.134.070 Waiver of rights—Violations—Enforcement—Unfair business practice. (1) Any waiver by a buyer of any part of this chapter is void. Any attempt by a credit services organization to have a buyer waive rights given by this chapter is a violation of this chapter. (2) In any proceeding involving this chapter, the burden of proving an exemption or an exception from a definition is upon the person claiming it. (3) Any person who violates this chapter is guilty of a gross misdemeanor. Any district court of this state has jurisdiction in equity to restrain and enjoin the violation of this chapter. (4) This section does not prohibit the enforcement by any person of any right provided by this or any other law. (5) A violation of this chapter by a credit services organization is an unfair business practice as provided in chapter 19.86 RCW. [1986 c 218 § 8.] 19.134.070 19.134.080 Damages—Attorney’s fees. (1) Any buyer injured by a violation of this chapter may bring any action for recovery of damages. Judgment shall be entered for actual damages, but in no case less than the amount paid by the buyer to the credit services organization, plus reasonable attorney’s fees and costs. An award may also be entered for punitive damages. (2) The remedies provided under this chapter are in addition to any other procedures or remedies for any violation or conduct provided for in any other law. [1986 c 218 § 9.] 19.134.080 19.134.900 Short title. This chapter may be known and cited as the "credit services organizations act." [1986 c 218 § 1.] 19.134.900 Chapter 19.138 Chapter 19.138 RCW SELLERS OF TRAVEL (Formerly: Travel charter and tour operators) Sections 19.138.010 19.138.021 19.138.030 19.138.040 19.138.050 19.138.090 19.138.100 19.138.110 19.138.120 19.138.130 19.138.140 19.138.150 19.138.160 19.138.170 19.138.1701 19.138.180 19.138.200 19.138.240 19.138.250 19.138.260 Legislative finding and declaration. Definitions. Advertising—Restrictions—Records. Written statement by seller of travel—Contents. Cancellation—Refund—Material misrepresentation— Exception. Application of chapter to public charter operators. Registration—Number posting, use—Duplicates—Fee— Assignment, transfer—New owner—Exemption. Registration—Application—Form—Rules—Report. Registration—Renewal—Refusal—Notice—Hearing. Unprofessional conduct—Grounds—Registration—Revocation and reinstatement—Support order, noncompliance. Trust account—Filing—Notice of change—Other funds or accounts—Rules—Exceptions. Standard of duties, care. Nonresident seller of travel—Director as attorney if none appointed—Service of process—Notice. Director—Powers and duties. Reimbursement of appropriated funds—Fees. Director—Investigations—Publication of violation. Director or individuals acting on director’s behalf—Immunity. Violations—Civil penalties—Failure to pay. Violation—Restitution assessed by director. Registration prerequisite to suit. [Title 19 RCW—page 197] 19.138.010 19.138.270 19.138.280 19.138.290 19.138.310 19.138.320 19.138.330 19.138.340 19.138.900 19.138.901 19.138.902 19.138.903 19.138.904 Title 19 RCW: Business Regulations—Miscellaneous Violations—Giving false information—Criminal penalties. Action for damages—Costs, attorneys’ fees—No limitation of consumer protection act. Violations—Application of consumer protection act. Filing public records—Making information public for public interest. Contract for sale of travel-related benefits—Cancellation— Process—Seven calendar days—Written disclosure required. Uniform regulation of business and professions act. Restrictions regarding promoting prostitution, commercial sexual abuse of a minor, or other commercial sex acts. Severability—1986 c 283. Effective date—1986 c 283. Severability—1994 c 237. Effective date—1994 c 237. Implementation—1994 c 237. 19.138.010 Legislative finding and declaration. The legislature finds and declares that advertising, sales, and business practices of certain sellers of travel have worked financial hardship upon the people of this state; that the travel business has a significant impact upon the economy and wellbeing of this state and its people; that problems have arisen regarding certain sales of travel; and that the public welfare requires registration of sellers of travel in order to eliminate unfair advertising, sales and business practices. The legislature further finds it necessary to establish standards that will safeguard the people against financial hardship and to encourage fair dealing and prosperity in the travel business. [1994 c 237 § 1; 1986 c 283 § 1.] 19.138.010 19.138.021 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Department" means the department of licensing. (2) "Director" means the director of licensing or the director’s designee. (3) "Sale of travel-related benefits" means the sale of travel services if the travel services are not identified at the time of the sale with respect to dates, price, or location and includes: (a) Sales of travel club memberships; (b) Sales of vacation certificates or other documents that purport to grant the holder of the certificate or other document the ability to obtain future travel services, with or without additional consideration; or (c) Sales of travel-industry member benefits including those through either or both the issuance and sale or the consulting with or advising for consideration of persons in connection with the obtaining of international airlines travel agent network identification cards or memberships. (4) "Travel club" means a seller of travel that sells memberships to consumers, where the initial membership or maintenance dues are at least twice the amount of the annual membership or maintenance dues. (5) "Seller of travel-related benefits" means a person, firm, or corporation that transacts business with Washington consumers for the sale of travel-related benefits. (6) "Seller of travel" means a person, firm, or corporation both inside and outside the state of Washington, who transacts business with Washington consumers. (a) "Seller of travel" includes a travel agent and any person who is an independent contractor or outside agent for a travel agency or other seller of travel whose principal duties 19.138.021 [Title 19 RCW—page 198] include consulting with and advising persons concerning travel arrangements or accommodations in the conduct or administration of its business. If a seller of travel is employed by a seller of travel who is registered under this chapter, the employee need not also be registered. (b) "Seller of travel" does not include: (i) An air carrier; (ii) An owner or operator of a vessel, including an ocean common carrier as defined in 46 U.S.C. App. 1702(18), an owner or charterer of a vessel that is required to establish its financial responsibility in accordance with the requirements of the federal maritime commission, 46 U.S.C. App. 817 (e), and a steamboat company whether or not operating over and upon the waters of this state; (iii) A motor carrier; (iv) A rail carrier; (v) A charter party carrier of passengers as defined in RCW 81.70.020; (vi) An auto transportation company as defined in RCW 81.68.010; (vii) A hotel or other lodging accommodation; (viii) An affiliate of any person or entity described in (i) through (vii) of this subsection (6)(b) that is primarily engaged in the sale of travel services provided by the person or entity. For purposes of this subsection (6)(b)(viii), an "affiliate" means a person or entity owning, owned by, or under common ownership, with "owning," "owned," and "ownership" referring to equity holdings of at least eighty percent; (ix) Direct providers of transportation by air, sea, or ground, or hotel or other lodging accommodations who do not book or arrange any other travel services. (7) "Travel services" includes transportation by air, sea, or ground, hotel or any lodging accommodations, package tours, or vouchers or coupons to be redeemed for future travel or accommodations for a fee, commission, or other valuable consideration. (8) "Advertisement" includes, but is not limited to, a written or graphic representation in a card, brochure, newspaper, magazine, directory listing, or display, and oral, written, or graphic representations made by radio, television, or cable transmission that relates to travel services. (9) "Transacts business with Washington consumers" means to directly offer or sell travel services or travel-related benefits to Washington consumers, including the placement of advertising in media based in the state of Washington or that is primarily directed to Washington residents. Advertising placed in national print or electronic media alone does not constitute "transacting business with Washington consumers." Those entities who only wholesale travel services are not "transacting business with Washington consumers" for the purposes of this chapter. [2001 c 44 § 1; 2000 c 171 § 73; 1996 c 180 § 1; 1994 c 237 § 2.] Effective date—1996 c 180: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 28, 1996]." [1996 c 180 § 10.] 19.138.030 Advertising—Restrictions—Records. A seller of travel shall not advertise that any travel services are or may be available unless he or she has, prior to the adver19.138.030 (2008 Ed.) Sellers of Travel tisement, determined that the product advertised was available at the time the advertising was placed. This determination can be made by the seller of travel either by use of an airline computer reservation system, or by written confirmation from the vendor whose program is being advertised. It is the responsibility of the seller of travel to keep written or printed documentation of the steps taken to verify that the advertised offer was available at the time the advertising was placed. These records are to be maintained for at least one year after the placement of the advertisement. [1999 c 238 § 1; 1996 c 180 § 2; 1994 c 237 § 10; 1986 c 283 § 3.] Severability—1999 c 238: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1999 c 238 § 8.] Effective date—1996 c 180: See note following RCW 19.138.021. 19.138.040 Written statement by seller of travel— Contents. At or prior to the time of full or partial payment for any travel services, the seller of travel shall furnish to the person making the payment a written statement conspicuously setting forth the information contained in subsections (1) through (6) of this section. However, if payment is made other than in person, the seller of travel shall transmit to the person making the payment the written statement required by this section within three business days of receipt or processing of the payment. The written statement shall contain the following information: (1) The name and business address and telephone number of the seller of travel. (2) The amount paid, the date of such payment, the purpose of the payment made, and an itemized statement of the balance due, if any. (3) The registration number of the seller of travel required by this chapter. (4) The name of the vendor with whom the seller of travel has contracted to provide travel arrangements for a consumer and all pertinent information relating to the travel as known by the seller of travel at the time of booking. The seller of travel will make known further details as soon as received from the vendor. All information will be provided with final documentation. (5) An advisory regarding the penalties that would be charged in the event of a cancellation or change by the customer. This may contain either: (a) The specific amount of cancellation and change penalties; or (b) the following statement: "Cancellation and change penalties apply to these arrangements. Details will be provided upon request." (6) A statement in eight-point boldface type in substantially the following form: "If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date." [1999 c 238 § 2; 1996 c 180 § 3; 1994 c 237 § 11; 1986 c 283 § 4.] 19.138.040 (2008 Ed.) 19.138.100 Severability—1999 c 238: See note following RCW 19.138.030. Effective date—1996 c 180: See note following RCW 19.138.021. 19.138.050 Cancellation—Refund—Material misrepresentation—Exception. (1) If the transportation or other services contracted for are canceled, or if the money is to be refunded for any reason, the seller of travel shall refund to the person with whom it contracts for travel services, the money due the person within thirty days of receiving the funds from the vendor with whom the services were arranged. If the funds were not sent to the vendor and remain in the possession of the seller of travel, the funds shall be refunded within fourteen days. (2) Any material misrepresentation with regard to the transportation and other services offered shall be deemed to be a cancellation necessitating the refund required by this section. (3) When travel services are paid to a vendor and charged to a consumer’s credit card by the seller of travel, and the arrangements are subsequently canceled by the consumer, the vendor, or the seller of travel, any refunds to the consumer’s credit card must be applied for within ten days from the date of cancellation. (4) The seller of travel shall not be obligated to refund any cancellation penalties imposed by the vendor with whom the services were arranged if these penalties were disclosed in the statement required under RCW 19.138.040. [1994 c 237 § 12; 1986 c 283 § 5.] 19.138.050 19.138.090 Application of chapter to public charter operators. This chapter does not apply to the sale of public transportation by a public charter operator who is complying with regulations of the United States department of transportation. [1986 c 283 § 9.] 19.138.090 19.138.100 Registration—Number posting, use— Duplicates—Fee—Assignment, transfer—New owner— Exemption. No person, firm, or corporation may act or hold itself out as a seller of travel unless, prior to engaging in the business of selling or advertising to sell travel services or travel-related benefits, the person, firm, or corporation registers with the director under this chapter and rules adopted under this chapter. (1) The registration number must be conspicuously posted in the place of business and must be included in all advertisements. Sellers of travel are not required to include registration numbers on institutional advertising. For the purposes of this subsection, "institutional advertising" is advertising that does not include prices or dates for travel services. (2) The director shall issue duplicate registrations upon payment of a duplicate registration fee to valid registration holders operating more than one office. The duplicate registration fee for each office shall be an amount equal to the original registration fee. (3) No registration is assignable or transferable. (4) If a registered seller of travel sells his or her business, when the new owner becomes responsible for the business, the new owner must comply with all provisions of this chapter, including registration. 19.138.100 [Title 19 RCW—page 199] 19.138.110 Title 19 RCW: Business Regulations—Miscellaneous (5) If a seller of travel is employed by or under contract as an independent contractor or an outside agent of a seller of travel who is registered under this chapter, the employee, independent contractor, or outside agent need not also be registered if: (a) The employee, independent contractor, or outside agent is conducting business as a seller of travel in the name of and under the registration of the registered seller of travel; and (b) All money received for travel services by the employee, independent contractor, or outside agent is collected in the name of the registered seller of travel and processed by the registered seller of travel as required under this chapter. [2001 c 44 § 4; 1999 c 238 § 3; 1996 c 180 § 4; 1994 c 237 § 3.] not carry out the applicant’s duties in accordance with law and with integrity and honesty. The director shall promptly notify the applicant in writing by certified mail of its intent to refuse to renew the registration. The registrant may request a hearing on the refusal as provided in RCW 18.235.050. The director may permit the registrant to honor commitments already made to its customers, but no new commitments may be incurred, unless the director is satisfied that all new commitments are completely bonded or secured to ensure that the general public is protected from loss of money paid to the registrant. [2002 c 86 § 277; 1999 c 238 § 4; 1994 c 237 § 5.] Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. Severability—1999 c 238: See note following RCW 19.138.030. Severability—1999 c 238: See note following RCW 19.138.030. Effective date—1996 c 180: See note following RCW 19.138.021. 19.138.110 Registration—Application—Form— Rules—Report. An application for registration as a seller of travel shall be submitted in the form prescribed by rule by the director, and shall contain but not be limited to the following: (1) The name, address, and telephone number of the seller of travel; (2) Proof that the seller of travel holds a valid business license in the state of its principal state of business; (3) A registration fee in an amount determined under RCW 43.24.086; (4) The names, business addresses, and business phone numbers of all employees, independent contractors, or outside agents who sell travel and are covered by the seller of travel’s registration. This subsection shall not apply to the out-of-state employees of a corporation that issues a class of equity securities registered under section 12 of the securities exchange act of 1934, and any subsidiary, the majority of voting stock of which is owned by the corporation; (5) A report prepared and signed by a bank officer, licensed public accountant, or certified public accountant or other report, approved by the director, that verifies that the seller of travel maintains a trust account at a federally insured financial institution located in Washington state, or other approved account, the location and number of that trust account or other approved account, and verifying that the account exists as required by RCW 19.138.140. The director, by rule, may permit alternatives to the report that provides for at least the same level of verification. [1996 c 180 § 5; 1994 c 237 § 4.] 19.138.110 Effective date—1996 c 180: See note following RCW 19.138.021. 19.138.120 Registration—Renewal—Refusal— Notice—Hearing. (1) Each seller of travel shall renew its registration on or before July 1st of every year or as otherwise determined by the director. (2) Renewal of a registration is subject to the same provisions covering disciplinary action as a registration originally issued. (3) The director may refuse to renew a registration for any of the grounds set out under RCW 19.138.130 and 18.235.130, and where the past conduct of the applicant affords reasonable grounds for belief that the applicant will 19.138.120 [Title 19 RCW—page 200] 19.138.130 Unprofessional conduct—Grounds— Registration—Revocation and reinstatement—Support order, noncompliance. (1) In addition to the unprofessional conduct described in RCW 18.235.130, the director may take disciplinary action based on the following conduct, acts, or conditions if the applicant or registrant: (a) Was previously the holder of a registration issued under this chapter, and the registration was revoked for cause and never reissued by the director, or the registration was suspended for cause and the terms of the suspension have not been fulfilled; (b) Suffers a judgment in a civil action involving willful fraud, misrepresentation, or conversion; (c) Has violated this chapter or failed to comply with a rule adopted by the director under this chapter; or (d) Has failed to display the registration as provided in this chapter. (2) If the seller of travel is found in violation of this chapter or in violation of the consumer protection act, chapter 19.86 RCW, by the entry of a judgment or by settlement of a claim, the director may revoke the registration of the seller of travel, and the director may reinstate the registration at the director’s discretion. (3) The director shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director’s receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order. [2002 c 86 § 278; 1999 c 238 § 5; 1997 c 58 § 852; 1996 c 180 § 6; 1994 c 237 § 6.] 19.138.130 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. Severability—1999 c 238: See note following RCW 19.138.030. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. Effective date—1996 c 180: See note following RCW 19.138.021. (2008 Ed.) Sellers of Travel 19.138.140 Trust account—Filing—Notice of change—Other funds or accounts—Rules—Exceptions. (1) A seller of travel shall deposit in a trust account maintained in a federally insured financial institution located in Washington state, or other account approved by the director, all sums held for more than five business days that are received from a person or entity, for retail travel services offered by the seller of travel. This subsection does not apply to travel services sold by a seller of travel, when payments for the travel services are made through the airlines reporting corporation. (2) The trust account or other approved account required by this section shall be established and maintained for the benefit of any person or entity paying money to the seller of travel. The seller of travel shall not in any manner encumber the amounts in trust and shall not withdraw money from the account except the following amounts may be withdrawn at any time: (a) Partial or full payment for travel services to the entity directly providing the travel service; (b) Refunds as required by this chapter; (c) The amount of the sales commission; (d) Interest earned and credited to the trust account or other approved account; (e) Remaining funds of a purchaser once all travel services have been provided or once tickets or other similar documentation binding upon the ultimate provider of the travel services have been provided; or (f) Reimbursement to the seller of travel for agency operating funds that are advanced for a customer’s travel services. (3) The seller of travel may deposit noncustomer funds into the trust account as needed in an amount equal to a deficiency resulting from dishonored customer payments made by check, draft, credit card, debit card, or other negotiable instrument. (4) At the time of registration, the seller of travel shall file with the department the account number and the name of the financial institution at which the trust account or other approved account is held as set forth in RCW 19.138.110. The seller of travel shall notify the department of any change in the account number or location within one business day of the change. (5) The director, by rule, may allow for the use of other types of funds or accounts only if the protection for consumers is no less than that provided by this section. (6) The seller of travel need not comply with the requirements of this section if all of the following apply, except as exempted in subsection (1) of this section: (a) The payment is made by credit card; (b) The seller of travel does not deposit, negotiate, or factor the credit card charge or otherwise seek to obtain payment of the credit card charge to any account over which the seller of travel has any control; and (c) If the charge includes transportation, the carrier that is to provide the transportation processes the credit card charge, or if the charge is only for services, the provider of services processes the credit card charges. (7) The seller of travel need not maintain a trust account nor comply with the trust account provisions of this section if the seller of travel: 19.138.140 (2008 Ed.) 19.138.140 (a)(i) Files and maintains a surety bond approved by the director in an amount of not less than ten thousand nor more than fifty thousand dollars, as determined by rule by the director based on the gross income of business conducted for Washington state residents by the seller of travel during the prior year. The bond shall be executed by the applicant as obligor by a surety company authorized to transact business in this state naming the state of Washington as obligee for the benefit of any person or persons who have suffered monetary loss by reason of the seller of travel’s violation of this chapter or a rule adopted under this chapter. The bond shall be conditioned that the seller of travel will conform to and abide by this chapter and all rules adopted under this chapter, and shall reimburse any person or persons who suffer monetary loss by reason of a violation of this chapter or a rule adopted under this chapter. (ii) The bond must be continuous and may be canceled by the surety upon the surety giving written notice to the director of the surety’s intent to cancel the bond. The cancellation is effective thirty days after the notice is received by the director. (iii) The applicant may obtain the bond directly from the surety or through other bonding arrangement as approved by the director. (iv) In lieu of a surety bond, the applicant may, upon approval by the director, file with the director a certificate of deposit, an irrevocable letter of credit, or such other instrument as is approved by the director by rule, drawn in favor of the director for an amount equal to the required bond. (v) Any person or persons who have suffered monetary loss by any act which constitutes a violation of this chapter or a rule adopted under this chapter may bring a civil action in court against the seller of travel and the surety upon such bond or approved alternate security of the seller of travel who committed the violation of this chapter or a rule adopted under this chapter or who employed the seller of travel who committed such violation. A civil action brought in court pursuant to the provisions of this section must be filed no later than one year following the later of the alleged violation of this chapter or a rule adopted under this chapter or completion of the travel by the customer; or (b) Is a member in good standing in a professional association, such as the United States tour operators association or national tour association, that is approved by the director and that provides or requires a member to provide a minimum of one million dollars in errors and professional liability insurance and provides a surety bond or equivalent protection in an amount of at least two hundred fifty thousand dollars for its member companies. (8) If the seller of travel maintains its principal place of business in another state and maintains a trust account or other approved account in that state consistent with the requirement of this section, and if that seller of travel has transacted business within the state of Washington in an amount exceeding five million dollars for the preceding year, the out-of-state trust account or other approved account may be substituted for the in-state account required under this section. [2003 c 38 § 1; 1999 c 238 § 6; 1996 c 180 § 7; 1994 c 237 § 8.] Severability—1999 c 238: See note following RCW 19.138.030. Effective date—1996 c 180: See note following RCW 19.138.021. [Title 19 RCW—page 201] 19.138.150 Title 19 RCW: Business Regulations—Miscellaneous 19.138.150 Standard of duties, care. A seller of travel shall perform its duties reasonably and with ordinary care in providing travel services. [1994 c 237 § 9.] 19.138.150 19.138.160 Nonresident seller of travel—Director as attorney if none appointed—Service of process—Notice. (1) A nonresident seller of travel soliciting business or selling travel in the state of Washington, by mail, telephone, or otherwise, either directly or indirectly, is deemed, absent any other appointment, to have appointed the director to be the seller of travel’s true and lawful attorney upon whom may be served any legal process against that nonresident arising or growing out of a transaction involving travel services or the sale of travel-related benefits. That solicitation signifies the nonresident’s agreement that process against the nonresident that is served as provided in this chapter is of the same legal force and validity as if served personally on the nonresident seller of travel. (2) Service of process upon a nonresident seller of travel shall be made by leaving a copy of the process with the director. The fee for the service of process shall be determined by the director by rule. That service is sufficient service upon the nonresident if the plaintiff or plaintiff’s attorney of record sends notice of the service and a copy of the process by certified mail before service or immediately after service to the defendant at the address given by the nonresident in a solicitation furnished by the nonresident, and the sender’s post office receipt of sending and the plaintiff’s or plaintiff’s attorney’s affidavit of compliance with this section are returned with the process in accordance with Washington superior court civil rules. Notwithstanding the foregoing requirements, however, once service has been made on the director as provided in this section, in the event of failure to comply with the requirement of notice to the nonresident, the court may order that notice be given that will be sufficient to apprise the nonresident. [2001 c 44 § 5; 1994 c 237 § 14.] 19.138.160 19.138.170 Director—Powers and duties. The director has the following powers and duties: (1) To adopt, amend, and repeal rules to carry out the purposes of this chapter; (2) To establish fees; (3) Upon receipt of a complaint, to inspect and audit the books and records of a seller of travel. The seller of travel shall immediately make available to the director those books and records as may be requested at the seller of travel’s place of business or at a location designated by the director. For that purpose, the director shall have full and free access to the office and places of business of the seller of travel during regular business hours. When ten or more complaints have been received by either the department or the attorney general on a seller of travel within a period of ninety days, the department shall inspect and audit books and records of the seller of travel; and (4) To do all things necessary to carry out the functions, powers, and duties set forth in this chapter. [2002 c 86 § 279; 1999 c 238 § 7; 1994 c 237 § 13.] 19.138.1701 Reimbursement of appropriated funds—Fees. Any state funds appropriated to the department of licensing for implementation of chapter 237, Laws of 1994 for the biennium ending June 30, 1995, shall be reimbursed by June 30, 1997, by an assessment of fees sufficient to cover all costs of implementing chapter 237, Laws of 1994. [1994 c 237 § 30.] 19.138.1701 19.138.180 Director—Investigations—Publication of violation. The director, in the director’s discretion, may: (1) Annually, or more frequently, make public or private investigations within or without this state as the director deems necessary to determine whether a registration should be subject to disciplinary action, or whether a person has violated or is about to violate this chapter or a rule adopted or order issued under this chapter, or to aid in the enforcement of this chapter or in the prescribing of rules and forms of this chapter; (2) Publish information concerning a violation of this chapter or a rule adopted or order issued under this chapter; and (3) Investigate complaints concerning practices by sellers of travel for which registration is required by this chapter. [2002 c 86 § 280; 1994 c 237 § 15.] 19.138.180 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 19.138.200 Director or individuals acting on director’s behalf—Immunity. The director or individuals acting on the director’s behalf are immune from suit in any action, civil or criminal, based on acts performed in the course of their duties in the administration and enforcement of this chapter. [2002 c 86 § 281; 1994 c 237 § 20.] 19.138.200 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 19.138.170 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. Severability—1999 c 238: See note following RCW 19.138.030. [Title 19 RCW—page 202] 19.138.240 Violations—Civil penalties—Failure to pay. (1) A civil penalty shall be imposed by the court for each violation of this chapter in an amount not less than five hundred dollars nor more than two thousand dollars per violation. (2) If a person fails to pay an assessment after it has become a final and unappealable order, or after the court has entered final judgment in favor of the state, the director may recover the amount assessed by action in the appropriate superior court. In the action, the validity and appropriateness of the final order imposing the penalty shall not be subject to review. [2002 c 86 § 282; 1994 c 237 § 21.] 19.138.240 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 19.138.250 Violation—Restitution assessed by director. The director may assess against a person or organization that violates this chapter, or a rule adopted under this chapter, the full amount of restitution as may be necessary to restore to a person an interest in money or property, real or personal, that may have been acquired by means of an act prohibited by or in violation of this chapter. [1994 c 237 § 22.] 19.138.250 (2008 Ed.) Sellers of Travel 19.138.260 Registration prerequisite to suit. In order to maintain or defend a lawsuit, a seller of travel must be registered with the department as required by this chapter and rules adopted under this chapter. [1994 c 237 § 23.] 19.138.260 19.138.270 Violations—Giving false information— Criminal penalties. (1) Each person who knowingly violates this chapter or who knowingly gives false or incorrect information to the director, attorney general, or county prosecuting attorney in filing statements required by this chapter, whether or not the statement or report is verified, is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW. (2) A person who violates this chapter or who gives false or incorrect information to the director, attorney general, or county prosecuting attorney in filing statements required by this chapter, whether or not the statement or report is verified, is guilty of a misdemeanor punishable under chapter 9A.20 RCW. [1994 c 237 § 24.] 19.138.270 19.138.280 Action for damages—Costs, attorneys’ fees—No limitation of consumer protection act. In addition to any other penalties or remedies under chapter 19.86 RCW, a person who is injured by a violation of this chapter may bring an action for recovery of actual damages, including court costs and attorneys’ fees. No provision in this chapter shall be construed to limit any right or remedy provided under chapter 19.86 RCW. [1994 c 237 § 28.] 19.138.280 19.138.290 Violations—Application of consumer protection act. The legislature finds that the practices governed by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Any violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair and deceptive act or practice and unfair method of competition in the conduct of trade or commerce in violation of RCW 19.86.020. Remedies provided by chapter 19.86 RCW are cumulative and not exclusive. [1994 c 237 § 27.] 19.138.290 19.138.310 Filing public records—Making information public for public interest. All information, documents, and reports filed with the director under this chapter are matters of public record and shall be open to public inspection, subject to reasonable regulation. The director may make public, on a periodic or other basis, the information as may be necessary or appropriate in the public interest concerning the registration, reports, and information filed with the director or any other matters to the administration and enforcement of this chapter. [1994 c 237 § 26.] 19.138.310 19.138.320 Contract for sale of travel-related benefits—Cancellation—Process—Seven calendar days— Written disclosure required. (1) A contract for the sale of travel-related benefits may be canceled at the option of the purchaser if the purchaser sends notice of the cancellation by certified mail, return receipt requested, to the seller of travelrelated benefits at the address contained in the contract and if the notice is postmarked not later than midnight of the seventh calendar day following the day on which the contract is 19.138.320 (2008 Ed.) 19.138.320 signed or any membership card and all membership materials are received by the purchaser, whichever is later. In addition to this cancellation right, a purchaser who signs a contract for the sale of travel-related benefits of any description from a seller of travel-related benefits without having received the written disclosures required in subsection (2) of this section has cancellation rights until seven calendar days after the receipt of the written disclosures. A purchaser must request cancellation of a contract by sending the notice of cancellation by certified mail, return receipt requested, postmarked not later than midnight of the seventh calendar day following the day on which the contract is signed, any membership card and all membership materials are received by the purchaser, or the day on which the disclosures were actually received, whichever is later, to the seller of travel-related benefits at the address contained in the contract. The purchaser may use the cancellation form prescribed in subsection (2) of this section, however, notice of cancellation is sufficient if it indicates the intention of the purchaser not to be bound by the contract. The purchaser’s right of cancellation of a contract for the sale of travel-related benefits may not be waived. (2) A contract for the sale of travel-related benefits must include the following statement in at least ten-point bold-face type immediately before the space for the purchaser’s signature: "Purchaser’s right to cancel: You may cancel this contract without any cancellation fee or other penalty, or stated reason for doing so, by sending notice of cancellation by certified mail, return receipt requested, to . . . (insert name of the seller of travel-related benefits) at the address indicated below. The notice must be postmarked by midnight of the seventh calendar day following the day on which this contract is signed by you or the day any membership card and all membership materials are received by you, whichever is later. The day on which the contract was signed is not included as a "calendar day," and if the seventh calendar day falls on a Sunday or legal holiday, then the right to cancel this contract expires on the day immediately following that Sunday or legal holiday. TO CANCEL THIS CONTRACT, SEND A COPY OF THIS NOTICE OF CANCELLATION OR OTHER WRITTEN NOTICE OF CANCELLATION TO: ........... (Name of Seller) ........... (Address of Seller) (Date) I HEREBY CANCEL THIS CONTRACT (Date) ........... (Purchaser’s Signature) ........... (Printed Name) ........... (Purchaser’s Address)" [Title 19 RCW—page 203] 19.138.330 Title 19 RCW: Business Regulations—Miscellaneous (3) Within seven calendar days following timely receipt of notice of cancellation from the purchaser, the seller of travel-related benefits shall provide evidence that the contract has been canceled and return any money or other consideration paid by the purchaser. However, the seller of travelrelated benefits may retain payments made for specific travel services utilized by the purchaser. [2001 c 44 § 2.] 19.138.330 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 283.] as are necessary to ensure that this act is implemented on its *effective date[s]. [1994 c 237 § 35.] *Reviser’s note: 1994 c 237 has different effective dates. The effective date for sections 1 through 29 is January 1, 1996, and the effective date for the remainder of the act is June 9, 1994. Chapter 19.142 19.138.330 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 19.138.340 Restrictions regarding promoting prostitution, commercial sexual abuse of a minor, or other commercial sex acts. (1) No seller of travel shall engage in any of the following: (a) Promoting travel for prostitution or promoting travel for commercial sexual abuse of a minor; (b) Selling, advertising, or otherwise offering to sell travel services or facilitate travel: (i) For the purposes of engaging in a commercial sex act; (ii) That consists of tourism packages or activities using and offering sexual acts as an enticement for tourism; or (iii) That provides, purports to provide access to, or facilitates the availability of sex escorts or sexual services. (2) For the purposes of this section: (a) "Commercial sex act" means any sexual contact, as defined in chapter 9A.44 RCW, for which anything of value is given to or received by any person. (b) "Sexual act" means any sexual contact as defined in chapter 9A.44 RCW. [2007 c 368 § 6; 2006 c 250 § 3.] 19.138.340 Finding—2006 c 250: See note following RCW 9A.88.085. 19.138.900 Severability—1986 c 283. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1986 c 283 § 11.] 19.138.900 19.138.901 Effective date—1986 c 283. This act shall take effect January 1, 1987. [1986 c 283 § 12.] 19.138.901 19.138.902 Severability—1994 c 237. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1994 c 237 § 32.] 19.138.902 19.138.903 Effective date—1994 c 237. Sections 1 through 29 of this act shall take effect January 1, 1996. [1994 c 237 § 33.] 19.138.903 19.138.904 Implementation—1994 c 237. The director of licensing, beginning July 1, 1995, may take such steps 19.138.904 [Title 19 RCW—page 204] Chapter 19.142 RCW HEALTH STUDIO SERVICES Sections 19.142.005 19.142.010 19.142.020 19.142.030 19.142.040 19.142.050 19.142.060 19.142.070 19.142.080 19.142.090 19.142.100 19.142.110 19.142.900 19.142.901 Findings and declaration. Definitions. Membership plans—Special offers—Misrepresentations prohibited. Written contract required. Contents of contract. Notice of cancellation—Refund. Trust account—Written receipt—Record of deposits—Buyers’ claims. Surety bond in lieu of trust account. Failure to comply with bond or trust account requirements— Class C felony. Waivers of this chapter—Contracts not in compliance with this chapter—Void and unenforceable. Violations—Application of consumer protection act. Attorneys’ fees. Chapter cumulative and nonexclusive. Prospective application of chapter. 19.142.005 Findings and declaration. The legislature finds that there exist in connection with a substantial number of contracts for health studio services certain practices and business methods which have worked undue financial hardship upon some of the citizens of the state and that existing legal remedies are inadequate to correct existing problems in the industry. The legislature declares that it is a matter of public interest that the citizens of our state be assured reasonable protection when contracting for health studio services. [1987 c 317 § 1.] 19.142.005 19.142.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter: (1) "Business day" means any day except a Sunday or a legal holiday. (2) "Buyer" or "member" means a person who purchases health studio services. (3) "Health studio" includes any person or entity engaged in the sale of instruction, training, assistance or use of facilities which purport to assist patrons to improve their physical condition or appearance through physical exercise, body building, weight loss, figure development, the martial arts, or any other similar activity. For the purposes of this chapter, "health studio" does not include: (a) Public common schools, private schools approved under RCW 28A.195.010, and public or private institutions of higher education; (b) persons providing professional services within the scope of a person’s license under Title 18 RCW; (c) bona fide nonprofit organizations which have been granted tax-exempt status by the Internal Revenue Service, the functions of which as health studios are only incidental to their overall functions and purposes; (d) a person or entity which offers physical exercise, body building, figure development or similar activities as incidental features of a plan of instruction or assistance relating to diet or control of eating habits; (e) bona fide 19.142.010 (2008 Ed.) Health Studio Services nonprofit corporations organized under chapter 24.03 RCW which have members and whose members have meaningful voting rights to elect and remove a board of directors which is responsible for the operation of the health club and corporation; and (f) a preexisting facility primarily offering aerobic classes, where the initiation fee is less than fifty dollars and no memberships are sold which exceed one year in duration. For purposes of this subsection, "preexisting facility" means an existing building used for health studio services covered by the fees collected. (4) "Health studio services" means instruction, services, privileges, or rights offered for sale by a health studio. "Health studio services" do not include: (a) Instruction or assistance relating to diet or control of eating habits not involving substantial on-site physical exercise, body building, figure development, or any other similar activity; or (b) recreational or social programs which either involve no physical exercise or exercise only incidental to the program. (5) "Initiation or membership fee" means a fee paid either in a lump sum or in installments within twelve months of execution of the health studio services contract on a onetime basis when a person first joins a health studio for the privilege of belonging to the health studio. (6) "Special offer or discount" means any offer of health studio services at a reduced price or without charge to a prospective member. (7) "Use fees or dues" means fees paid on a regular periodic basis for use of a health studio. This does not preclude prepayment of use fees at the buyer’s option. [1990 c 55 § 1; 1990 c 33 § 556; 1987 c 317 § 2.] Reviser’s note: This section was amended by 1990 c 33 § 556 and by 1990 c 55 § 1, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102. 19.142.020 19.142.020 Membership plans—Special offers—Misrepresentations prohibited. (1) Each health studio shall prepare and provide to each prospective buyer a written comprehensive list of all membership plans of health studio services offered for sale by the health studio. The list shall contain a description and the respective price of each membership plan of health studio services offered. (2) A health studio is prohibited from selling a membership plan of health studio services not included in the list. (3) A health studio is prohibited from making a special offer or offering a discount unless such special offer or discount is made in writing and available to all prospective members: PROVIDED, That a special offer or discount offered to groups need not be available to all similarly-situated prospective members. (4) A health studio is prohibited from making any misrepresentation to any prospective buyer or current member regarding qualifications of staff, availability or quality of facilities or services, or results obtained through exercise, body building, figure development, or weight loss programs, or the present or maximum number of customers who may contract to use the facilities or services. [1987 c 317 § 3.] (2008 Ed.) 19.142.040 19.142.030 Written contract required. A contract for the sale of health studio services shall be in writing. A copy of the contract, as well as the rules of the health studio if not stated in the contract, shall be given to the buyer when the buyer signs the contract. [1987 c 317 § 4.] 19.142.030 19.142.040 Contents of contract. A contract for health studio services shall include all of the following: (1) The name and address of the health studio facilities operator; (2) The date the buyer signed the contract; (3) A description of the health studio services and general equipment to be provided, or acknowledgement in a conspicuous form that the buyer has received a written description of the health studio services and equipment to be provided. If any of the health studio services or equipment are to be delivered at a planned facility, at a facility under construction, or through substantial improvements to an existing facility, the description shall include a date for completion of the facility, construction, or improvement. Health studio services must begin within twelve months from the date the contract is signed unless the completion of the facility, construction, or improvement is delayed due to war, or fire, flood, or other natural disaster; (4) A statement of the duration of the contract. No contract for health studio services may require payments or financing by the buyer over a period in excess of thirty-six months from the date of the contract, nor may any contract term be measured by or be for the life of the buyer; (5) The use fees or dues to be paid by the buyer and if such fees are subject to periodic adjustment. Use fees or dues may not be raised more than once in any calendar year; (6) A complete statement of the rules of the health studio or an acknowledgement in a conspicuous form that the buyer has received a copy of the rules; (7) Clauses which notify the buyer of the right to cancel: (a) If the buyer dies or becomes totally disabled. The contract may require that the disability be confirmed by an examination of a physician agreeable to the buyer and the health studio; (b)(i) Subject to (b)(ii) of this subsection, if the buyer moves his or her permanent residence to a location more than twenty-five miles from the health studio or an affiliated health studio offering the same or similar services and facilities at no additional expense to the buyer and the buyer cancels after one year from signing the contract if the contract extends for more than one year. The health studio may require reasonable evidence of relocation; (ii) If at the time of signing the contract requiring payment of an initiation or membership fee the buyer lived more than twenty-five miles from the health studio, the buyer may cancel under (7)(b)(i) of this section only if the buyer moves an additional five miles or more from the health studio. (c) If a contract extends for more than one year, the buyer may cancel the contract for any reason upon thirty days’ written notice to the health studio; (d) If the health studio facilities are permanently closed and comparable facilities owned and operated by the seller are not made available within a ten-mile radius of the closed facility; 19.142.040 [Title 19 RCW—page 205] 19.142.050 Title 19 RCW: Business Regulations—Miscellaneous (e) If a facility, construction, or improvement is not completed by the date represented by the contract; (f) If the contract for health studio services was sold prior to the opening of the facility, the buyer may cancel within the first five business days the facility opens for use of the buyer and the health studio begins to provide the agreed upon health studio services; (8) Clauses explaining the buyer’s right to a refund and relief from future payment obligations after cancellation of the contract; (9) A provision under a conspicuous caption in capital letters and boldface type stating substantially the following: "BUYER’S RIGHT TO CANCEL If you wish to cancel this contract without penalty, you may cancel it by delivering or mailing a written notice to the health studio. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after you sign this contract. The notice must be mailed to . . . . . . (insert name and mailing address of health studio). If you cancel within the three days, the health studio will return to you within thirty days all amounts you have paid." [1990 c 55 § 2; 1987 c 317 § 5.] 19.142.050 Notice of cancellation—Refund. After receipt of a written notice of cancellation, the health studio shall provide a refund to the buyer within thirty days. The health studio may require the buyer to return any membership card or other materials which evidence membership in the health studio. The buyer is entitled to a refund and relief from future obligations for payments of initiation or membership fees and use fees or dues as follows: (1) The buyer is entitled to a refund of the unused portion of any prepaid use fees or dues and relief from future obligations to pay use fees or dues concerning use after the date of cancellation. (2)(a) Subject to (b) of this subsection, if a contract includes a one-time only initiation or membership fee and the buyer cancels pursuant to RCW 19.142.040(7)(a), the buyer is entitled to a pro rata refund of the fee less a predetermined amount not to exceed one-half of the initial initiation or membership fee if the contract clearly states what percentage of the fee is nonrefundable or refundable. (b) If a contract includes a one-time only initiation or membership fee and the buyer cancels pursuant to RCW 19.142.040(7)(a) three years or more after the signing of the contract requiring payment of such fee, such fee is nonrefundable. (3) If a contract includes an initiation or membership fee and the buyer cancels pursuant to RCW 19.142.040(7) (b) or (c), the buyer is entitled to a pro rata refund of the fee less a predetermined amount not to exceed one-half of the initial initiation or membership fee unless the following clause is contained in the contract and signed separately by the buyer. The clause shall be placed under a conspicuous caption in capital letters and bold face type stating the following: 19.142.050 [Title 19 RCW—page 206] NONREFUNDABLE AMOUNT I UNDERSTAND THAT I HAVE PAID OR AM OBLIGATED TO PAY . . . . . . AS AN INITIATION OR MEMBERSHIP FEE, AND THAT UNDER NO CIRCUMSTANCES IS ANY PORTION OF THIS AMOUNT REFUNDABLE. ..................... (Buyer’s Signature) (4) If a contract includes a one-time only initiation or membership fee and the buyer cancels pursuant to RCW 19.142.040(7)(d), the buyer is entitled to a pro rata refund of the fee. (5) If a contract includes a one-time only initiation or membership fee and the buyer cancels pursuant to RCW 19.142.040(7) (e) or (f), the buyer is entitled to a full refund of the fee. If a buyer is entitled to a pro rata refund under this section, the amount shall be computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. If no term is stated in the contract, a term of thirty-six months shall be used. [1990 c 55 § 3; 1987 c 317 § 6.] 19.142.060 Trust account—Written receipt—Record of deposits—Buyers’ claims. (1) All moneys paid to a health studio prior to the opening of the facility shall immediately be deposited in a trust account of a federally insured financial institution located in this state. The trust account shall be designated and maintained for the benefit of health studio members. Moneys maintained in the trust account shall be exempt from execution, attachment, or garnishment. A health studio shall not in any way encumber the corpus of the trust account or commingle any other operating funds with trust account funds. Withdrawals from the trust account shall be made no sooner than thirty days after the opening of the entire facility. (2) The health studio shall within seven days of the first deposit notify the office of the attorney general in writing, of the name, address, and location of the depository and any subsequent change thereof. (3) The health studio shall provide the buyer with a written receipt for the money and shall provide written notice of the name, address, and location of the depository and any subsequent change thereof. (4) The health studio shall maintain a record of each trust account deposit, including the name and address of each member whose funds are being deposited, the amount paid and the date of the deposit. Upon request of the attorney general’s office, upon five days’ notice, such records shall be produced for inspection. (5) If prior to the opening of the facility the status of the health studio is transferred to another, any sums in the trust account affected by the transfer shall simultaneously be transferred to an equivalent trust account of the successor, and the successor shall promptly notify the buyer and the office of the attorney general of the transfer and of the name, address, and location of the new depository. 19.142.060 (2008 Ed.) Mortgage Lending and Homeownership (6) The buyer’s claim to any money under this section is prior to that of any creditor of the health studio, including a trustee in bankruptcy or receiver. (7) After the health studio receives a notice of cancellation of the contract, or if the health studio fails to open a facility at the stated date of completion and if the buyer so requests, then the health studio shall provide a refund within thirty days. [1987 c 317 § 7.] 19.142.070 19.142.070 Surety bond in lieu of trust account. The requirements of RCW 19.142.060 do not apply to any health studios which, prior to any preopening sales, have provided a bond guaranteeing the completion or opening of any facility for which contracts for health studio services were sold prior to the opening of the facility. The bond shall be drawn upon a surety in the amount of one hundred fifty thousand dollars, running to the state of Washington. An action on the bond may be brought by the office of the attorney general or by any buyer of a contract for health studio services sold prior to the opening of the facility. [1987 c 317 § 8.] 19.142.080 19.142.080 Failure to comply with bond or trust account requirements—Class C felony. Failure to furnish a bond as required by RCW 19.142.070 or to maintain a trust account as required by RCW 19.142.060 shall constitute a class C felony punishable as provided in chapter 9A.20 RCW. [1987 c 317 § 9.] 19.144.010 Chapter 19.144 RCW MORTGAGE LENDING AND HOMEOWNERSHIP Chapter 19.144 Sections 19.144.005 19.144.010 19.144.020 19.144.030 19.144.040 19.144.050 19.144.060 19.144.070 19.144.080 19.144.090 19.144.100 19.144.110 19.144.120 Findings—2008 c 108. Definitions. Disclosure requirements—Department duties. Interagency guidance on nontraditional mortgage product risks and the statement on subprime mortgage lending. Prepayment penalty or fee—Limitation. Negative amortization—Limitation. Risk grade determination. Rule-making authority. Unlawful actions—Fraud, misrepresentation, deceptive practices. Criminal penalties—Dates of limitation—Civil penalty. Unlawful actions—Proceeds and interest in real property— Criminal penalties. Civil and administrative penalties. Director—Powers—Enforcement of chapter. 19.144.005 Findings—2008 c 108. The legislature finds that responsible mortgage lending and homeownership are important to the citizens of the state of Washington. The legislature declares that protecting our residents and our economy from the threat of widespread foreclosures and providing homeowners with access to residential mortgage loans on fair and equitable terms is in the public interest. The legislature further finds that chapter 108, Laws of 2008 is necessary to encourage responsible lending, protect borrowers, and preserve access to credit in the residential real estate lending market. [2008 c 108 § 1.] 19.144.005 19.144.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Adjustable rate mortgage" or "ARM" means a payment option ARM or a hybrid ARM (commonly known as a 2/28 or 3/27 loan). (2) "Application" means the same as in Regulation X, Real Estate Settlement Procedures, 24 C.F.R. Sec. 3500, as used in an application for a residential mortgage loan. (3) "Borrower" means any person who consults with or retains a person subject to this chapter in an effort to seek information about obtaining a residential mortgage loan, regardless of whether that person actually obtains such a loan. (4) "Department" means the department of financial institutions. (5) "Director" means the director of the department of financial institutions. (6) "Financial institution" means commercial banks and alien banks subject to regulation under Title 30 RCW, savings banks subject to regulation under Title 32 RCW, savings associations subject to regulation under Title 33 RCW, credit unions subject to regulation under chapter 31.12 RCW, consumer loan companies subject to regulation under chapter 31.04 RCW, and mortgage brokers and lenders subject to regulation under chapter 19.146 RCW. (7) "Fully indexed rate" means the index rate prevailing at the time a residential mortgage loan is made, plus the margin that will apply after the expiration of an introductory interest rate. (8) "Negative amortization" means an increase in the principal balance of a loan caused when the loan agreement 19.144.010 19.142.090 19.142.090 Waivers of this chapter—Contracts not in compliance with this chapter—Void and unenforceable. A health studio shall not request a buyer to waive any provision of this chapter. Any contract for health studio services which does not comply with the provisions of this chapter or in which a buyer waives any provision of this chapter is void and unenforceable as contrary to public policy. [1987 c 317 § 10.] 19.142.100 19.142.100 Violations—Application of consumer protection act. A violation of this chapter constitutes an unfair or deceptive act or practice and is a per se violation of the consumer protection act, chapter 19.86 RCW. [1987 c 317 § 11.] 19.142.110 19.142.110 Attorneys’ fees. Buyers who prevail in any cause of action under this chapter are entitled to reasonable attorneys’ fees. [1987 c 317 § 12.] 19.142.900 19.142.900 Chapter cumulative and nonexclusive. The provisions of this chapter are cumulative and nonexclusive and do not affect any other remedy available at law. [1987 c 317 § 13.] 19.142.901 19.142.901 Prospective application of chapter. The provisions of this chapter shall not apply to any contracts for health studio services entered into before July 26, 1987. [1987 c 317 § 14.] (2008 Ed.) [Title 19 RCW—page 207] 19.144.020 Title 19 RCW: Business Regulations—Miscellaneous allows the borrower to make payments less than the amount needed to pay all the interest that has accrued on the loan. The unpaid interest is added to the loan balance and becomes part of the principal. (9) "Person" means individuals, partnerships, associations, limited liability companies, limited liability partnerships, trusts, corporations, and all other legal entities. (10) "Residential mortgage loan" means an extension of credit secured by residential real property located in this state upon which is constructed or intended to be constructed, a single-family dwelling or multiple-family dwelling of four or less units. It does not include a reverse mortgage or a borrower credit transaction that is secured by rental property. It does not include a bridge loan. It does not include loans to individuals making or acquiring a residential mortgage loan solely with his or her own funds for his or her own investment. For purposes of this subsection, a "bridge loan" is any temporary loan, having a maturity of one year or less, for the purpose of acquisition or construction of a dwelling intended to become the borrower’s principal dwelling. (11) "The interagency guidance on nontraditional mortgage product risks" means the guidance document issued in September 2006 by the office of the comptroller of the currency, the board of governors of the federal reserve system, the federal deposit insurance corporation, the office of thrift supervision, and the national credit union administration, and the guidance on nontraditional mortgage product risks released in November 2006 by the conference of state bank supervisors and the American association of residential mortgage regulators. (12) "The statement on subprime mortgage lending" means the guidance document issued in June 2007 by the office of the comptroller of the currency, the board of governors of the federal reserve system, the federal deposit insurance corporation, the office of thrift supervision, and the national credit union administration, and the statement on subprime mortgage lending released in July 2007 by the conference of state bank supervisors, the American association of residential mortgage regulators, and the national association of consumer credit administrators. [2008 c 108 § 2.] 19.144.020 Disclosure requirements—Department duties. (1) In addition to any other requirements under federal or state law, a residential mortgage loan may not be made unless a disclosure summary of all material terms, as adopted by the department in subsection (2) of this section, is placed on a separate sheet of paper and has been provided by a financial institution to the borrower within three business days following receipt of a loan application. If any material terms of the residential mortgage loan change before closing, a new disclosure summary must be provided to the borrower within three days of any such change or at least three days before closing, whichever is earlier. (2) The department shall adopt, by rule, a disclosure summary form with a content and format containing simple, plain-language terms that are reasonably understandable to the average person without the aid of third-party resources and shall include, but not be limited to, the following items: Fees and discount points on the loan; interest rates of the loan; broker fees; the broker’s yield spread premium as a dollar amount; whether the loan contains prepayment penalties; 19.144.020 [Title 19 RCW—page 208] whether the loan contains a balloon payment; whether the property taxes and property insurance are escrowed; whether the loan payments will adjust at the fully indexed rates; and whether there is a price added or premium charged because the loan is based on reduced documentation. (3) The director may, at his or her discretion, require by rule other information relating to a residential mortgage loan to be included in the disclosure summary if the director determines that it is necessary to protect consumers. The director may adopt rules creating a standard form of disclosure summary to be used as a guide by financial institutions in fulfilling the requirements of this section. [2008 c 108 § 3.] 19.144.030 Interagency guidance on nontraditional mortgage product risks and the statement on subprime mortgage lending. (1) The department shall apply the interagency guidance on nontraditional mortgage product risks and the statement on subprime mortgage lending to financial institutions. (2)(a) Financial institutions subject to this chapter shall adopt and adhere to internal policies and procedures that are reasonably intended to achieve the objectives set forth in the interagency guidance on nontraditional mortgage product risks and the statement on subprime mortgage lending. (b) The department shall adopt rules as required to implement this section. [2008 c 108 § 4.] 19.144.030 19.144.040 19.144.040 Prepayment penalty or fee—Limitation. A financial institution may not make or facilitate the origination of a residential mortgage loan that includes a prepayment penalty or fee that extends beyond sixty days prior to the initial reset period of an adjustable rate mortgage. [2008 c 108 § 5.] 19.144.050 Negative amortization—Limitation. A financial institution may not make or facilitate a residential mortgage loan that includes any provisions that impose negative amortization and which are subject to the interagency guidance on nontraditional mortgage product risks and the statement on subprime mortgage lending. [2008 c 108 § 6.] 19.144.050 19.144.060 19.144.060 Risk grade determination. A person licensed or subject to licensing, or otherwise subject to regulation pursuant to chapter 19.146 RCW, or a consumer loan company licensed or subject to licensing under chapter 31.04 RCW may not steer, counsel, or direct any borrower to accept a residential mortgage loan product with a risk grade less favorable than the risk grade that the borrower would qualify for based on the licensee or other regulated person’s then current underwriting guidelines, prudently applied, considering the information available to the licensee or other regulated person, including the information provided by the borrower. A licensee or other regulated person has not violated this requirement if the risk grade determination applied to a borrower is reasonably based on the licensee or other regulated person’s underwriting guidelines for the borrower’s appropriate risk grade category and the borrower is offered choices of residential mortgage loan products within the borrower’s appropriate risk grade category. [2008 c 108 § 7.] (2008 Ed.) Mortgage Broker Practices Act 19.144.070 Rule-making authority. The department may adopt rules necessary to implement this chapter, including but not limited to the authority to identify which sections of chapter 108, Laws of 2008 apply to open-end credit plans. [2008 c 108 § 8.] 19.144.070 19.144.080 Unlawful actions—Fraud, misrepresentation, deceptive practices. It is unlawful for any person in connection with making, brokering, or obtaining a residential mortgage loan to directly or indirectly: (1)(a) Employ any scheme, device, or artifice to defraud or materially mislead any borrower during the lending process; (b) defraud or materially mislead any lender, defraud or materially mislead any person, or engage in any unfair or deceptive practice toward any person in the lending process; or (c) obtain property by fraud or material misrepresentation in the lending process; (2) Knowingly make any misstatement, misrepresentation, or omission during the mortgage lending process knowing that it may be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process; (3) Use or facilitate the use of any misstatement, misrepresentation, or omission, knowing the same to contain a misstatement, misrepresentation, or omission, during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process; or (4) Receive any proceeds or anything of value in connection with a residential mortgage closing that such person knew resulted from a violation of subsection (1), (2), or (3) of this section. [2008 c 108 § 9.] 19.144.080 19.144.090 Criminal penalties—Dates of limitation—Civil penalty. (1) Any person who knowingly violates RCW 19.144.080 or who knowingly aids or abets in the violation of RCW 19.144.080 is guilty of a class B felony punishable under RCW 9A.20.021(1)(b). Mortgage fraud is a serious level III offense per chapter 9.94A RCW. (2) Any person who knowingly alters, destroys, shreds, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the investigation and prosecution of this crime is guilty of a class B felony punishable under RCW 9A.20.021(1)(b). (3) No information may be returned more than (a) five years after the violation, or (b) three years after the actual discovery of the violation, whichever date of limitation is later. (4) Any person who violates this chapter is subject to civil forfeiture statutes. [2008 c 108 § 10.] 19.144.090 19.144.100 Unlawful actions—Proceeds and interest in real property—Criminal penalties. (1)(a) It is unlawful for a person to use or invest proceeds, or any part of proceeds, knowing that the proceeds, or any part of the proceeds, were derived, directly or indirectly, from a pattern of mortgage fraud activity, in the acquisition of any title to, or any right, interest, or equity in, real property or in the establishment or operation of any enterprise. (b) A violation of this subsection is a class B felony. (2)(a) It is unlawful for a person to acquire or maintain, directly or indirectly, any interest in or control of any enter19.144.100 (2008 Ed.) Chapter 19.146 prise or real property knowing the interest or control was obtained through a pattern of mortgage fraud. (b) A violation of this subsection is a class B felony. (3)(a) It is unlawful for a person to knowingly conspire or attempt to violate subsection (1) or (2) of this section. (b) A violation of this subsection is a class C felony. [2008 c 108 § 11.] 19.144.110 Civil and administrative penalties. Any penalty imposed for violation of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law. [2008 c 108 § 12.] 19.144.110 19.144.120 Director—Powers—Enforcement of chapter. The director or the director’s designee may, at his or her discretion, take such actions as provided for in Titles 30, 32, and 33 RCW, and chapters 31.12, 31.04, and 19.146 RCW, to enforce, investigate, or examine persons covered by this chapter. [2008 c 108 § 13.] 19.144.120 Chapter 19.146 RCW MORTGAGE BROKER PRACTICES ACT Chapter 19.146 Sections 19.146.005 19.146.010 19.146.020 19.146.0201 19.146.030 19.146.040 19.146.050 19.146.060 19.146.070 19.146.080 19.146.085 19.146.095 19.146.100 19.146.103 19.146.110 19.146.200 19.146.205 19.146.210 19.146.215 19.146.220 19.146.221 19.146.223 19.146.225 19.146.227 19.146.228 19.146.230 19.146.235 19.146.237 19.146.240 19.146.245 19.146.250 Findings and declaration. Definitions. Exemptions from chapter. Loan originator, mortgage broker—Prohibitions—Requirements. Written disclosure of fees and costs—Rules—Contents— Lock-in agreement terms—Excess fees limited. Written contract required—Contract entered by loan originator binding on mortgage broker—Written correspondent or loan broker agreement required. Moneys for third-party provider services deemed in trust— Deposit of moneys in trust account—Use of trust account—Rules—Tax treatment. Accounting requirements. Fee, commission, or compensation—When permitted. Borrowers unable to obtain loans—Mortgage broker to provide copies of certain documents—Conditions—Exceptions. Duties—Generally. Fiduciary duties. Violations of chapter—Application of consumer protection act. Financial interest in a mortgage broker—Prohibited practices. Criminal penalty. Mortgage broker or loan originator—License required— Suit or action for collection of compensation—Display of license—Designated broker required. License—Application—Applicant to furnish information establishing identity—Background check—Fee—Bond or alternative. License—Requirements for issuance—Denial—Validity— Surrender—Interim license—Rules. Continuing education—Rules. Director—Powers and duties—Violations as separate violations—Rules. Action by director—Hearing—Sanction. Director—Administration and interpretation. Director—Rule-making powers. Cease and desist order—Action to enjoin and enforce. Fees—Rules—Exception. Administrative procedure act application. Director’s authority to conduct investigations and examinations—Rules—Penalty. Director—Powers under chapter 19.144 RCW. Violations—Claims against bond or alternative. Violations—Liability. Authority restricted to person named in license—Exceptions. [Title 19 RCW—page 209] 19.146.005 19.146.260 19.146.265 19.146.280 19.146.290 19.146.300 19.146.310 19.146.320 19.146.330 19.146.900 19.146.901 19.146.902 19.146.903 19.146.904 19.146.905 Title 19 RCW: Business Regulations—Miscellaneous Registered agent for brokers without physical office in state—Venue. Branch offices—Fee—Licenses—Rules. Mortgage brokerage commission—Code of conduct— Complaint review. Licensee to provide director with annual report of mortgage broker activity. Loan originator license—Application—Applicant to furnish information establishing identification—Background check—Fees—Rules. Loan originator license—Requirements for issuance— Denial—Validity—Expiration—Surrender—Interim license. Loan originator license—Not assignable. Loan originator—Limit on applications taken. Short title. Severability—1987 c 391. Severability—1994 c 33. Effective dates—1994 c 33. Implementation of act—2006 c 19. Effective date—2006 c 19. 19.146.005 Findings and declaration. The legislature finds and declares that the brokering of residential real estate loans substantially affects the public interest, requiring that all actions in mortgage brokering be actuated by good faith, and that mortgage brokers, designated brokers, loan originators, and other persons subject to this chapter abstain from deception, and practice honesty and equity in all matters relating to their profession. The practices of mortgage brokers and loan originators have had significant impact on the citizens of the state and the banking and real estate industries. It is the intent of the legislature to establish a state system of licensure in addition to rules of practice and conduct of mortgage brokers and loan originators to promote honesty and fair dealing with citizens and to preserve public confidence in the lending and real estate community. [2008 c 108 § 21; 2006 c 19 § 1; 1994 c 33 § 1; 1993 c 468 § 1; 1987 c 391 § 1.] 19.146.005 Findings—2008 c 108: See RCW 19.144.005. Adoption of rules—Severability—1993 c 468: See notes following RCW 19.146.0201. Effective dates—1993 c 468: See note following RCW 19.146.200. 19.146.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Affiliate" means any person who directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with another person. (2) "Application" means the same as in Regulation X, Real Estate Settlement Procedures, 24 C.F.R. Sec. 3500. (3) "Borrower" means any person who consults with or retains a mortgage broker or loan originator in an effort to obtain or seek advice or information on obtaining or applying to obtain a residential mortgage loan for himself, herself, or persons including himself or herself, regardless of whether the person actually obtains such a loan. (4) "Computer loan information systems" or "CLI system" means a real estate mortgage financing information system that facilitates the provision of information to consumers by a mortgage broker, loan originator, lender, real estate agent, or other person regarding interest rates and other loan terms available from different lenders. (5) "Department" means the department of financial institutions. 19.146.010 [Title 19 RCW—page 210] (6) "Designated broker" means a natural person designated as the person responsible for activities of the licensed mortgage broker in conducting the business of a mortgage broker under this chapter and who meets the experience and examination requirements set forth in RCW 19.146.210(1)(e). (7) "Director" means the director of financial institutions. (8) "Employee" means an individual who has an employment relationship with a mortgage broker, and the individual is treated as an employee by the mortgage broker for purposes of compliance with federal income tax laws. (9) "Independent contractor" or "person who independently contracts" means any person that expressly or impliedly contracts to perform mortgage brokering services for another and that with respect to its manner or means of performing the services is not subject to the other’s right of control, and that is not treated as an employee by the other for purposes of compliance with federal income tax laws. (10) "Loan originator" means a natural person who (a) takes a residential mortgage loan application for a mortgage broker, or (b) offers or negotiates terms of a mortgage loan, for direct or indirect compensation or gain, or in the expectation of direct or indirect compensation or gain. "Loan originator" also includes a person who holds themselves out to the public as able to perform any of these activities. "Loan originator" does not mean persons performing purely administrative or clerical tasks for a mortgage broker. For the purposes of this subsection, "administrative or clerical tasks" means the receipt, collection, and distribution of information common for the processing of a loan in the mortgage industry and communication with a borrower to obtain information necessary for the processing of a loan. A person who holds himself or herself out to the public as able to obtain a loan is not performing administrative or clerical tasks. (11) "Lock-in agreement" means an agreement with a borrower made by a mortgage broker or loan originator, in which the mortgage broker or loan originator agrees that, for a period of time, a specific interest rate or other financing terms will be the rate or terms at which it will make a loan available to that borrower. (12) "Mortgage broker" means any person who for compensation or gain, or in the expectation of compensation or gain (a) assists a person in obtaining or applying to obtain a residential mortgage loan or (b) holds himself or herself out as being able to assist a person in obtaining or applying to obtain a residential mortgage loan. (13) "Person" means a natural person, corporation, company, limited liability corporation, partnership, or association. (14) "Principal" means any person who controls, directly or indirectly through one or more intermediaries, or alone or in concert with others, a ten percent or greater interest in a partnership, company, association, or corporation, and the owner of a sole proprietorship. (15) "Residential mortgage loan" means any loan primarily for personal, family, or household use secured by a mortgage or deed of trust on residential real estate upon which is constructed or intended to be constructed a single family dwelling or multiple family dwelling of four or less units. (2008 Ed.) Mortgage Broker Practices Act (16) "Third-party provider" means any person other than a mortgage broker or lender who provides goods or services to the mortgage broker in connection with the preparation of the borrower’s loan and includes, but is not limited to, credit reporting agencies, title companies, appraisers, structural and pest inspectors, or escrow companies. [2008 c 78 § 3; 2006 c 19 § 2; 1997 c 106 § 1; 1994 c 33 § 3; 1993 c 468 § 2; 1987 c 391 § 3.] Severability—2008 c 78: See note following RCW 31.04.025. Severability—1997 c 106: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1997 c 106 § 22.] Adoption of rules—Severability—1993 c 468: See notes following RCW 19.146.0201. Effective dates—1993 c 468: See note following RCW 19.146.200. 19.146.020 Exemptions from chapter. (1) Except as provided under subsections (2) through (4) of this section, the following are exempt from all provisions of this chapter: (a)(i) Any person doing business under the laws of the state of Washington or the United States, and any federally insured depository institution doing business under the laws of any other state, relating to commercial banks, bank holding companies, savings banks, trust companies, savings and loan associations, credit unions, insurance companies, or real estate investment trusts as defined in 26 U.S.C. Sec. 856 and the affiliates, subsidiaries, and service corporations thereof; and (ii) Subject to the director’s written approval, the exclusive agents of an affiliate of a bank that is wholly owned by the bank holding company that owns the bank; (b) Any person doing business under the consumer loan act is exempt from this chapter only for that business conducted under the authority and coverage of the consumer loan act; (c) An attorney licensed to practice law in this state who is not principally engaged in the business of negotiating residential mortgage loans when such attorney renders services in the course of his or her practice as an attorney; (d) Any person doing any act under order of any court, except for a person subject to an injunction to comply with any provision of this chapter or any order of the director issued under this chapter; (e) Any person making or acquiring a residential mortgage loan solely with his or her own funds for his or her own investment without intending to resell the residential mortgage loans; (f) A real estate broker or salesperson licensed by the state who obtains financing for a real estate transaction involving a bona fide sale of real estate in the performance of his or her duties as a real estate broker and who receives only the customary real estate broker’s or salesperson’s commission in connection with the transaction; (g) Any mortgage broker approved and subject to auditing by the federal national mortgage association or the federal home loan mortgage corporation; (h) The United States of America, the state of Washington, any other state, and any Washington city, county, or other political subdivision, and any agency, division, or cor19.146.020 (2008 Ed.) 19.146.020 porate instrumentality of any of the entities in this subsection (1) (h); and (i) A real estate broker who provides only information regarding rates, terms, and lenders in connection with a CLI system, who receives a fee for providing such information, who conforms to all rules of the director with respect to the providing of such service, and who discloses on a form approved by the director that to obtain a loan the borrower must deal directly with a mortgage broker or lender. However, a real estate broker shall not be exempt if he or she does any of the following: (i) Holds himself or herself out as able to obtain a loan from a lender; (ii) Accepts a loan application, or submits a loan application to a lender; (iii) Accepts any deposit for third-party services or any loan fees from a borrower, whether such fees are paid before, upon, or after the closing of the loan; (iv) Negotiates rates or terms with a lender on behalf of a borrower; or (v) Provides the disclosure required by RCW 19.146.030(1). (2) Those persons and their loan originators otherwise exempt under subsection (1)(e), (g), or (4) of this section must comply with RCW 19.146.0201 through 19.146.080. For violations of RCW 19.146.0201 through 19.146.080, the director has authority to issue a cease and desist order as provided in RCW 19.146.220 and 19.146.227, to impose penalties as provided in RCW 19.146.220, and to obtain and review books and records that are relevant to any allegation of such a violation as provided in RCW 19.146.235. (3) Any person otherwise exempted from the licensing provisions of this chapter may voluntarily submit an application to the director for a mortgage broker’s license. The director shall review such application and may grant or deny licenses to such applicants upon the same grounds and with the same fees as may be applicable to persons required to be licensed under this chapter. (a) Upon receipt of a license under this subsection, the licensee is required to continue to maintain a valid license, is subject to all provisions of this chapter, and has no further right to claim exemption from the provisions of this chapter except as provided in (b) of this subsection. (b) Any licensee under this subsection who would otherwise be exempted from the requirements of licensing by this section may apply to the director for exemption from licensing. The director shall adopt rules for reviewing such applications and shall grant exemptions from licensing to applications which are consistent with those rules and consistent with the other provisions of this chapter. (4) The director may exempt an exclusive agent under subsection (1)(a) of this section provided that the affiliate in subsection (1)(a) of this section: (a) Applies for and maintains a license as provided by subsection (3) of this section; (b) Has on file with the director a binding written agreement under which the affiliate assumes responsibility for the exclusive agent’s violations of this chapter or rules adopted under this chapter; and (c) Maintains a bond or other security in an amount required by the director that runs to the benefit of the state [Title 19 RCW—page 211] 19.146.0201 Title 19 RCW: Business Regulations—Miscellaneous and any person who suffers loss by reason of the exclusive agent’s violation of this chapter or rules adopted under this chapter. [2006 c 19 § 3; 1997 c 106 § 2; 1994 c 33 § 5; 1994 c 33 § 4; 1993 c 468 § 3; 1987 c 391 § 4.] Severability—1997 c 106: See note following RCW 19.146.010. Adoption of rules—Severability—1993 c 468: See notes following RCW 19.146.0201. Effective dates—1993 c 468: See note following RCW 19.146.200. 19.146.0201 Loan originator, mortgage broker— Prohibitions—Requirements. It is a violation of this chapter for a loan originator, mortgage broker required to be licensed under this chapter, or mortgage broker otherwise exempted from this chapter under RCW 19.146.020(1)(e), (g), or (4) to: (1) Directly or indirectly employ any scheme, device, or artifice to defraud or mislead borrowers or lenders or to defraud any person; (2) Engage in any unfair or deceptive practice toward any person; (3) Obtain property by fraud or misrepresentation; (4) Solicit or enter into a contract with a borrower that provides in substance that the mortgage broker may earn a fee or commission through the mortgage broker’s "best efforts" to obtain a loan even though no loan is actually obtained for the borrower; (5) Solicit, advertise, or enter into a contract for specific interest rates, points, or other financing terms unless the terms are actually available at the time of soliciting, advertising, or contracting from a person exempt from licensing under RCW 19.146.020(1) (g) or (h) or a lender with whom the mortgage broker maintains a written correspondent or loan broker agreement under RCW 19.146.040; (6) Fail to make disclosures to loan applicants and noninstitutional investors as required by RCW 19.146.030 and any other applicable state or federal law; (7) Make, in any manner, any false or deceptive statement or representation with regard to the rates, points, or other financing terms or conditions for a residential mortgage loan or engage in bait and switch advertising; (8) Negligently make any false statement or knowingly and willfully make any omission of material fact in connection with any reports filed by a mortgage broker or in connection with any investigation conducted by the department; (9) Make any payment, directly or indirectly, to any appraiser of a property, for the purposes of influencing the independent judgment of the appraiser with respect to the value of the property; (10) Advertise any rate of interest without conspicuously disclosing the annual percentage rate implied by such rate of interest; (11) Fail to comply with any requirement of the truth-inlending act, 15 U.S.C. Sec. 1601 and Regulation Z, 12 C.F.R. Sec. 226; the real estate settlement procedures act, 12 U.S.C. Sec. 2601 and Regulation X, 24 C.F.R. Sec. 3500; the equal credit opportunity act, 15 U.S.C. Sec. 1691 and Regulation B, Sec. 202.9, 202.11, and 202.12; Title V, Subtitle A of the financial modernization act of 1999 (known as the "Gramm-Leach-Bliley act"), 12 U.S.C. Secs. 6801-6809; the federal trade commission’s privacy rules, 16 C.F.R. Parts 313-314, mandated by the Gramm-Leach-Bliley act; the 19.146.0201 [Title 19 RCW—page 212] home mortgage disclosure act, 12 U.S.C. Sec. 2801 et seq. and Regulation C, home mortgage disclosure; the federal trade commission act, 12 C.F.R. Part 203, 15 U.S.C. Sec. 45(a); the telemarketing and consumer fraud and abuse act, 15 U.S.C. Secs. 6101 to 6108; and the federal trade commission telephone sales rule, 16 C.F.R. Part 310, as these acts existed on January 1, 2007, or such subsequent date as may be provided by the department by rule, in any advertising of residential mortgage loans, or any other applicable mortgage broker or loan originator activities covered by the acts. The department may adopt by rule requirements that mortgage brokers and loan originators comply with other applicable federal statutes and regulations in any advertising of residential mortgage loans, or any other mortgage broker or loan originator activity; (12) Fail to pay third-party providers no later than thirty days after the recording of the loan closing documents or ninety days after completion of the third-party service, whichever comes first, unless otherwise agreed or unless the third-party service provider has been notified in writing that a bona fide dispute exists regarding the performance or quality of the third-party service; (13) Collect, charge, attempt to collect or charge or use or propose any agreement purporting to collect or charge any fee prohibited by RCW 19.146.030 or 19.146.070; (14)(a) Except when complying with (b) and (c) of this subsection, act as a loan originator in any transaction (i) in which the loan originator acts or has acted as a real estate broker or salesperson or (ii) in which another person doing business under the same licensed real estate broker acts or has acted as a real estate broker or salesperson; (b) Prior to providing mortgage services to the borrower, a loan originator, in addition to other disclosures required by this chapter and other laws, shall provide to the borrower the following written disclosure: THIS IS TO GIVE YOU NOTICE THAT I OR ONE OF MY ASSOCIATES HAVE/HAS ACTED AS A REAL ESTATE BROKER OR SALESPERSON REPRESENTING THE BUYER/SELLER IN THE SALE OF THIS PROPERTY TO YOU. I AM ALSO A LOAN ORIGINATOR, AND WOULD LIKE TO PROVIDE MORTGAGE SERVICES TO YOU IN CONNECTION WITH YOUR LOAN TO PURCHASE THE PROPERTY. YOU ARE NOT REQUIRED TO USE ME AS A LOAN ORIGINATOR IN CONNECTION WITH THIS TRANSACTION. YOU ARE FREE TO COMPARISON SHOP WITH OTHER MORTGAGE BROKERS AND LENDERS, AND TO SELECT ANY MORTGAGE B ROKER OR LENDER OF YOUR CHOOSING; and (c) A real estate broker or salesperson licensed under chapter 18.85 RCW who also acts as a mortgage broker shall carry on such mortgage broker business activities and shall maintain such person’s mortgage broker business records separate and apart from the real estate broker activities conducted pursuant to chapter 18.85 RCW. Such activities shall be deemed separate and apart even if they are conducted at an office location with a common entrance and mailing address, so long as each business is clearly identified by a sign visible (2008 Ed.) Mortgage Broker Practices Act to the public, each business is physically separated within the office facility, and no deception of the public as to the separate identities of the broker business firms results. This subsection (14)(c) shall not require a real estate broker or salesperson licensed under chapter 18.85 RCW who also acts as a mortgage broker to maintain a physical separation within the office facility for the conduct of its real estate and mortgage broker activities where the director determines that maintaining such physical separation would constitute an undue financial hardship upon the mortgage broker and is unnecessary for the protection of the public; or (15) Fail to comply with any provision of RCW 19.146.030 through 19.146.080 or any rule adopted under those sections. [2006 c 19 § 4; 1997 c 106 § 3; 1994 c 33 § 6; 1993 c 468 § 4.] Severability—1997 c 106: See note following RCW 19.146.010. Adoption of rules—1993 c 468: "The director shall take steps and adopt rules necessary to implement the sections of this act by their effective dates." [1993 c 468 § 22.] Severability—1993 c 468: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1993 c 468 § 23.] Effective dates—1993 c 468: See note following RCW 19.146.200. 19.146.030 Written disclosure of fees and costs— Rules—Contents—Lock-in agreement terms—Excess fees limited. (1) Within three business days following receipt of a loan application or any moneys from a borrower, a mortgage broker or loan originator on behalf of the mortgage broker shall provide to each borrower a full written disclosure containing an itemization and explanation of all fees and costs that the borrower is required to pay in connection with obtaining a residential mortgage loan, and specifying the fee or fees which inure to the benefit of the mortgage broker and other such disclosures as may be required by rule. A good faith estimate of a fee or cost shall be provided if the exact amount of the fee or cost is not determinable. This subsection shall not be construed to require disclosure of the distribution or breakdown of loan fees, discount, or points between the mortgage broker and any lender or investor. (2) The written disclosure shall contain the following information: (a) The annual percentage rate, finance charge, amount financed, total amount of all payments, number of payments, amount of each payment, amount of points or prepaid interest and the conditions and terms under which any loan terms may change between the time of disclosure and closing of the loan; and if a variable rate, the circumstances under which the rate may increase, any limitation on the increase, the effect of an increase, and an example of the payment terms resulting from an increase. Disclosure in compliance with the requirements of the truth-in-lending act, 15 U.S.C. Sec. 1601 and Regulation Z, 12 C.F.R. Sec. 226, as now or hereafter amended, shall be deemed to comply with the disclosure requirements of this subsection; (b) The itemized costs of any credit report, appraisal, title report, title insurance policy, mortgage insurance, escrow fee, property tax, insurance, structural or pest inspection, and any other third-party provider’s costs associated with the residential mortgage loan. Disclosure through good 19.146.030 (2008 Ed.) 19.146.040 faith estimates of settlement services and special information booklets in compliance with the requirements of the real estate settlement procedures act, 12 U.S.C. Sec. 2601, and Regulation X, 24 C.F.R. Sec. 3500, as now or hereafter amended, shall be deemed to comply with the disclosure requirements of this subsection; (c) If applicable, the cost, terms, duration, and conditions of a lock-in agreement and whether a lock-in agreement has been entered, and whether the lock-in agreement is guaranteed by the mortgage broker or lender, and if a lock-in agreement has not been entered, disclosure in a form acceptable to the director that the disclosed interest rate and terms are subject to change; (d) A statement that if the borrower is unable to obtain a loan for any reason, the mortgage broker must, within five days of a written request by the borrower, give copies of any appraisal, title report, or credit report paid for by the borrower to the borrower, and transmit the appraisal, title report, or credit report to any other mortgage broker or lender to whom the borrower directs the documents to be sent; (e) Whether and under what conditions any lock-in fees are refundable to the borrower; and (f) A statement providing that moneys paid by the borrower to the mortgage broker for third-party provider services are held in a trust account and any moneys remaining after payment to third-party providers will be refunded. (3) If subsequent to the written disclosure being provided under this section, a mortgage broker or loan originator enters into a lock-in agreement with a borrower or represents to the borrower that the borrower has entered into a lock-in agreement, then no less than three business days thereafter including Saturdays, the mortgage broker or loan originator shall deliver or send by first-class mail to the borrower a written confirmation of the terms of the lock-in agreement, which shall include a copy of the disclosure made under subsection (2)(c) of this section. (4) A mortgage broker or loan originator on behalf of a mortgage broker shall not charge any fee that inures to the benefit of the mortgage broker if it exceeds the fee disclosed on the written disclosure pursuant to this section, unless (a) the need to charge the fee was not reasonably foreseeable at the time the written disclosure was provided and (b) the mortgage broker or loan originator on behalf of a mortgage broker has provided to the borrower, no less than three business days prior to the signing of the loan closing documents, a clear written explanation of the fee and the reason for charging a fee exceeding that which was previously disclosed. However, if the borrower’s closing costs on the final settlement statement, excluding prepaid escrowed costs of ownership as defined by rule, does not exceed the total closing costs in the most recent good faith estimate, excluding prepaid escrowed costs of ownership as defined by rule, no other disclosures shall be required by this subsection. [2006 c 19 § 5; 1997 c 106 § 4; 1994 c 33 § 18; 1993 c 468 § 12; 1987 c 391 § 5.] Severability—1997 c 106: See note following RCW 19.146.010. Adoption of rules—Severability—1993 c 468: See notes following RCW 19.146.0201. Effective dates—1993 c 468: See note following RCW 19.146.200. 19.146.040 Written contract required—Contract entered by loan originator binding on mortgage broker— 19.146.040 [Title 19 RCW—page 213] 19.146.050 Title 19 RCW: Business Regulations—Miscellaneous Written correspondent or loan broker agreement required. (1) Every contract between a mortgage broker, or a loan originator, and a borrower shall be in writing and shall contain the entire agreement of the parties. (2) Any contract under this section entered by a loan originator shall be binding on the mortgage broker. (3) A mortgage broker shall have a written correspondent or loan broker agreement with a lender before any solicitation of, or contracting with, the public. [2006 c 19 § 6; 1994 c 33 § 19; 1987 c 391 § 6.] 19.146.050 Moneys for third-party provider services deemed in trust—Deposit of moneys in trust account— Use of trust account—Rules—Tax treatment. (1) All moneys received by a mortgage broker from a borrower for payment of third-party provider services shall be deemed as held in trust immediately upon receipt by the mortgage broker. A mortgage broker shall deposit, prior to the end of the third business day following receipt of such trust funds, all such trust funds in a trust account of a federally insured financial institution located in this state. All trust account funds collected under this chapter must remain on deposit in a trust account in the state of Washington until disbursement. The trust account shall be designated and maintained for the benefit of borrowers. Moneys maintained in the trust account shall be exempt from execution, attachment, or garnishment. A mortgage broker shall not in any way encumber the corpus of the trust account or commingle any other operating funds with trust account funds. Withdrawals from the trust account shall be only for the payment of bona fide services rendered by a third-party provider or for refunds to borrowers. (2) The director shall make rules which: (a) Direct mortgage brokers how to handle checks and other instruments that are received by the broker and that combine trust funds with other funds; and (b) permit transfer of trust funds out of the trust account for payment of other costs only when necessary and only with the prior express written permission of the borrower. (3) Any interest earned on the trust account shall be refunded or credited to the borrowers at closing. (4) Trust accounts that are operated in a manner consistent with this section and any rules adopted by the director, are not considered gross receipts taxable under chapter 82.04 RCW. (5) A person violating this section is guilty of a class C felony punishable according to chapter 9A.20 RCW. [2003 c 53 § 158; 1998 c 311 § 1; 1997 c 106 § 5; 1987 c 391 § 7.] 19.146.050 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Intent—Retroactive application—1998 c 311: "The intent of sections 1 and 3 of this act is to clarify the original intent of sections 5 and 21, chapter 106, Laws of 1997 and shall not be construed otherwise. Therefore, sections 1 and 3 of this act apply retroactively to July 27, 1997." [1998 c 311 § 30.] Severability—1997 c 106: See note following RCW 19.146.010. 19.146.060 Accounting requirements. (1) A mortgage broker shall use generally accepted accounting principles. (2) Except as otherwise provided in subsection (3) of this section, a mortgage broker shall maintain accurate and current books and records which shall be readily available at a location available to the director until at least twenty-five 19.146.060 [Title 19 RCW—page 214] months have elapsed following the effective period to which the books and records relate. (3) Where a mortgage broker’s usual business location is outside of the state of Washington, the mortgage broker shall, as determined by the director by rule, either maintain its books and records at a location in this state, or reimburse the director for his or her expenses, including but not limited to transportation, food, and lodging expenses, relating to any examination or investigation resulting under this chapter. (4) "Books and records" includes but is not limited to: (a) Copies of all advertisements placed by or at the request of the mortgage broker which mention rates or fees. In the case of radio or television advertisements, or advertisements placed on a telephonic information line or other electronic source of information including but not limited to a computer database or electronic bulletin board, a mortgage broker shall keep copies of the precise script for the advertisement. All advertisement records shall include for each advertisement the date or dates of publication and name of each periodical, broadcast station, or telephone information line which published the advertisement or, in the case of a flyer or other material distributed by the mortgage broker, the dates, methods, and areas of distribution; and (b) Copies of all documents, notes, computer records if not stored in printed form, correspondence or memoranda relating to a borrower from whom the mortgage broker has accepted a deposit or other funds, or accepted a residential mortgage loan application or with whom the mortgage broker has entered into an agreement to assist in obtaining a residential mortgage loan. [2006 c 19 § 7; 1997 c 106 § 6; 1994 c 33 § 20; 1987 c 391 § 8.] Severability—1997 c 106: See note following RCW 19.146.010. 19.146.070 Fee, commission, or compensation— When permitted. (1) Except as otherwise permitted by this section, a mortgage broker shall not receive a fee, commission, or compensation of any kind in connection with the preparation, negotiation, and brokering of a residential mortgage loan unless a borrower actually obtains a loan from a lender on the terms and conditions agreed upon by the borrower and mortgage broker. A loan originator may not accept a fee, commission, or compensation of any kind from borrowers in connection with the preparation, negotiation, and brokering of a residential mortgage loan. (2) A mortgage broker may: (a) If the mortgage broker has obtained for the borrower a written commitment from a lender for a loan on the terms and conditions agreed upon by the borrower and the mortgage broker, and the borrower fails to close on the loan through no fault of the mortgage broker, charge a fee not to exceed three hundred dollars for services rendered, preparation of documents, or transfer of documents in the borrower’s file which were prepared or paid for by the borrower if the fee is not otherwise prohibited by the Truth-in-Lending Act, 15 U.S.C. Sec. 1601, and Regulation Z, 12 C.F.R. Sec. 226, as now or hereafter amended; or (b) Solicit or receive fees for third party provider goods or services in advance. Fees for any goods or services not provided must be refunded to the borrower and the mortgage broker may not charge more for the goods and services than 19.146.070 (2008 Ed.) Mortgage Broker Practices Act the actual costs of the goods or services charged by the third party provider. (3) A loan originator may not solicit or receive fees for a third-party provider of goods or services except that a loan originator may transfer funds from a borrower to a licensed mortgage broker, exempt mortgage broker, or third-party provider, if the loan originator does not deposit, hold, retain, or use the funds for any purpose other than the payment of bona fide fees to third-party providers. [2006 c 19 § 8; 1993 c 468 § 13; 1987 c 391 § 9.] Adoption of rules—Severability—1993 c 468: See notes following RCW 19.146.0201. Effective dates—1993 c 468: See note following RCW 19.146.200. 19.146.080 Borrowers unable to obtain loans—Mortgage broker to provide copies of certain documents— Conditions—Exceptions. Except as otherwise required by the United States Code or the Code of Federal Regulations, now or as amended, if a borrower is unable to obtain a loan for any reason and the borrower has paid for an appraisal, title report, or credit report in full, the mortgage broker shall give a copy of the appraisal, title report, or credit report to the borrower and transmit the originals to any other mortgage broker or lender to whom the borrower directs that the documents be transmitted. Regardless of whether the borrower has obtained a loan, the mortgage broker must provide the copies or transmit the documents within five days after the borrower has made the request in writing. [1997 c 106 § 7; 1987 c 391 § 10.] 19.146.080 Severability—1997 c 106: See note following RCW 19.146.010. 19.146.085 Duties—Generally. The activities of a mortgage broker affect the public interest, and require that all actions of mortgage brokers, designated brokers, loan originators, and other persons subject to this chapter be actuated by good faith, abstain from deception, and practice honesty and equity in all matters related to their profession. The duty of preserving the integrity of the mortgage broker business rests upon the mortgage broker, designated broker, loan originator, and other persons subject to this chapter. [2008 c 108 § 20.] 19.146.085 Findings—2008 c 108: See RCW 19.144.005. 19.146.095 Fiduciary duties. (1) A mortgage broker has a fiduciary relationship with the borrower. For the purposes of this section, the fiduciary duty means that the mortgage broker has the following duties: (a) A mortgage broker must act in the borrower’s best interest and in the utmost good faith toward the borrower, and shall disclose any and all interests to the borrower including, but not limited to, interests that may lie with the lender that are used to facilitate a borrower’s request. A mortgage broker shall not accept, provide, or charge any undisclosed compensation or realize any undisclosed remuneration that inures to the benefit of the mortgage broker on an expenditure made for the borrower; (b) A mortgage broker must carry out all lawful instructions provided by the borrower; (c) A mortgage broker must disclose to the borrower all material facts of which the mortgage broker has knowledge 19.146.095 (2008 Ed.) 19.146.103 that might reasonably affect the borrower’s rights, interests, or ability to receive the borrower’s intended benefit from the residential mortgage loan; (d) A mortgage broker must use reasonable care in performing duties; and (e) A mortgage broker must provide an accounting to the borrower for all money and property received from the borrower. (2) A mortgage broker may contract for or collect a fee for services rendered if the fee is disclosed to the borrower in advance of the provision of those services. (3) The fiduciary duty in this section does not require a mortgage broker to offer or obtain access to loan products and services other than those that are available to the mortgage broker at the time of the transaction. (4) The director must adopt rules to implement this section. [2008 c 109 § 1.] 19.146.100 19.146.100 Violations of chapter—Application of consumer protection act. The legislature finds that the practices governed by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Any violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act or practice and unfair method of competition in the conduct of trade or commerce in violation of RCW 19.86.020. Remedies provided by chapter 19.86 RCW are cumulative and not exclusive. [1994 c 33 § 25; 1987 c 391 § 12.] 19.146.103 19.146.103 Financial interest in a mortgage broker— Prohibited practices. (1) A mortgage broker, loan originator, officer or employee of any mortgage broker, or person who has a financial interest in a mortgage broker shall not, directly or indirectly, give any fee, kickback, payment, or other thing of value to any person as an inducement, reward for placing business, referring business, or causing title insurance business to be given to a title insurance agent in which the mortgage broker, loan originator, or person having a financial interest in the mortgage broker also has a financial interest. (2) A mortgage broker, loan originator, or person who has a financial interest in a mortgage broker shall not either solicit or accept, or both, anything of value from: A title insurance company, a title insurance agent, or the employees or representatives of a title insurance company or title insurance agent, that a title insurance company or title insurance agent is not permitted by law or rule to give to the mortgage broker, loan originator, or person who has a financial interest in the mortgage broker. (3) A mortgage broker, loan originator, or person who has a financial interest in a mortgage broker shall not prevent or deter a title insurance company, title insurance agent, or their employees or representatives from delivering to a mortgage broker or loan originator or its employees, independent contractors, and clients printed promotional material concerning only title insurance services as long as: (a) The material is business appropriate and is not misleading or false; [Title 19 RCW—page 215] 19.146.110 Title 19 RCW: Business Regulations—Miscellaneous (b) The material does not malign the mortgage broker or loan originator, its employees, independent contractors, or affiliates; (c) The delivery of the materials is limited to those areas of the mortgage broker or loan originator’s physical office reserved for unrestricted public access; and (d) The conduct of the employees or representatives is appropriate for a business setting and does not threaten the safety or health of anyone in the mortgage broker’s or loan originator’s office. (4) A mortgage broker or loan originator shall not require a consumer, as a condition of providing loans or real estate settlement services, to obtain title insurance from a title insurance agent in which the mortgage broker or loan originator has a financial interest. [2008 c 110 § 12.] Severability—2008 c 110: See RCW 48.29.900. 19.146.110 Criminal penalty. Any person who violates any provision of this chapter other than RCW 19.146.050 or any rule or order of the director is guilty of a misdemeanor punishable under chapter 9A.20 RCW. [2003 c 53 § 159; 1993 c 468 § 20; 1987 c 391 § 13.] 19.146.110 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Adoption of rules—Severability—1993 c 468: See notes following RCW 19.146.0201. Effective dates—1993 c 468: See note following RCW 19.146.200. 19.146.200 Mortgage broker or loan originator— License required—Suit or action for collection of compensation—Display of license—Designated broker required. (1) A person, unless specifically exempted from this chapter under RCW 19.146.020, may not engage in the business of a mortgage broker or loan originator without first obtaining and maintaining a license under this chapter. (2) A person may not bring a suit or action for the collection of compensation in connection with a residential mortgage loan unless the plaintiff alleges and proves that he or she was a duly licensed mortgage broker, or exempt from the license requirement of this chapter, at the time of offering to perform or performing any such an act or service regulated by this chapter. (3) A mortgage broker license must be prominently displayed in the mortgage broker’s place of business. (4) Every licensed mortgage broker must at all times have a designated broker responsible for all activities of the mortgage broker in conducting the business of a mortgage broker. A designated broker, principal, or owner who has supervisory authority over a mortgage broker is responsible for a licensee’s, employee’s, or independent contractor’s violations of this chapter and its rules if: (a) The designated broker, principal, or owner directs or instructs the conduct or, with knowledge of the specific conduct, approves or allows the conduct; or (b) The designated broker, principal, or owner who has supervisory authority over the licensed mortgage broker knows or by the exercise of reasonable care and inquiry should have known of the conduct, at a time when its consequences can be avoided or mitigated and fails to take reasonable remedial action. [2006 c 19 § 9; 1997 c 106 § 8; 1994 c 33 § 7; 1993 c 468 § 5.] 19.146.200 [Title 19 RCW—page 216] Severability—1997 c 106: See note following RCW 19.146.010. Effective dates—1993 c 468: "(1) Sections 2 through 4, 9, 13, and 21 through 23 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 17, 1993]. (2) Sections 6 through 8, 10, 18, and 19 of this act shall take effect September 1, 1993. (3) Sections 1, 5, 11, 12, 14 through 17, and 20 of this act shall take effect October 31, 1993. However, the effective date of section 5 of this act may be delayed thirty days upon an order of the director of licensing under section 7(3) of this act." [1993 c 468 § 26.] The director of licensing did not delay the effective date. Adoption of rules—Severability—1993 c 468: See notes following RCW 19.146.0201. 19.146.205 License—Application—Applicant to furnish information establishing identity—Background check—Fee—Bond or alternative. (1) Application for a mortgage broker license under this chapter shall be in writing and in the form prescribed by the director. The application shall contain at least the following information: (a) The name, address, date of birth, and social security number of the applicant, and any other names, dates of birth, or social security numbers previously used by the applicant, unless waived by the director; (b) If the applicant is a partnership or association, the name, address, date of birth, and social security number of each general partner or principal of the association, and any other names, dates of birth, or social security numbers previously used by the members, unless waived by the director; (c) If the applicant is a corporation, the name, address, date of birth, and social security number of each officer, director, registered agent, and each principal stockholder, and any other names, dates of birth, or social security numbers previously used by the officers, directors, registered agents, and principal stockholders unless waived by the director; (d) The street address, county, and municipality where the principal business office is to be located; (e) The name, address, date of birth, and social security number of the applicant’s designated broker, and any other names, dates of birth, or social security numbers previously used by the designated broker and a complete set of the designated broker’s fingerprints taken by an authorized law enforcement officer; and (f) Such other information regarding the applicant’s or designated broker’s background, financial responsibility, experience, character, and general fitness as the director may require by rule. (2) As a part of or in connection with an application for any license under this section, the applicant shall furnish information concerning his or her identity, including fingerprints for submission to the Washington state patrol, the federal bureau of investigation, and any governmental agency or entity authorized to receive this information for a state and national criminal history background check; personal history; experience; business record; purposes; and other pertinent facts, as the director may reasonably require. As part of or in connection with an application for a license under this chapter, the director is authorized to receive criminal history record information that includes nonconviction data as defined in RCW 10.97.030. The department may only disseminate nonconviction data obtained under this section to 19.146.205 (2008 Ed.) Mortgage Broker Practices Act criminal justice agencies. This section does not apply to financial institutions regulated under chapters 31.12 and 31.13 RCW and Titles 30, 32, and 33 RCW. (3) At the time of filing an application for a license under this chapter, each applicant shall pay to the director the appropriate application fee in an amount determined by rule of the director in accordance with RCW 43.24.086 to cover, but not exceed, the cost of processing and reviewing the application. The director shall deposit the moneys in the financial services regulation fund, unless the consumer services account is created as a dedicated, nonappropriated account, in which case the director shall deposit the moneys in the consumer services account. (4)(a) Each applicant for a mortgage broker’s license shall file and maintain a surety bond, in an amount of not greater than sixty thousand dollars nor less than twenty thousand dollars which the director deems adequate to protect the public interest, executed by the applicant as obligor and by a surety company authorized to do a surety business in this state as surety. The bonding requirement as established by the director may take the form of a uniform bond amount for all licensees or the director may establish by rule a schedule establishing a range of bond amounts which shall vary according to the annual average number of loan originators of a licensee. The bond shall run to the state of Washington as obligee, and shall run first to the benefit of the borrower and then to the benefit of the state and any person or persons who suffer loss by reason of the applicant’s or its loan originator’s violation of any provision of this chapter or rules adopted under this chapter. The bond shall be conditioned that the obligor as licensee will faithfully conform to and abide by this chapter and all rules adopted under this chapter, and shall reimburse all persons who suffer loss by reason of a violation of this chapter or rules adopted under this chapter. Borrowers shall be given priority over the state and other persons. The state and other third parties shall be allowed to receive distribution pursuant to a valid claim against the remainder of the bond. In the case of claims made by any person or entity who is not a borrower, no final judgment may be entered prior to one hundred eighty days following the date the claim is filed. The bond shall be continuous and may be canceled by the surety upon the surety giving written notice to the director of its intent to cancel the bond. The cancellation shall be effective thirty days after the notice is received by the director. Whether or not the bond is renewed, continued, reinstated, reissued, or otherwise extended, replaced, or modified, including increases or decreases in the penal sum, it shall be considered one continuous obligation, and the surety upon the bond shall not be liable in an aggregate or cumulative amount exceeding the penal sum set forth on the face of the bond. In no event shall the penal sum, or any portion thereof, at two or more points in time be added together in determining the surety’s liability. The bond shall not be liable for any penalties imposed on the licensee, including, but not limited to, any increased damages or attorneys’ fees, or both, awarded under RCW 19.86.090. The applicant may obtain the bond directly from the surety or through a group bonding arrangement involving a professional organization comprised of mortgage brokers if the arrangement provides at least as much coverage as is required under this subsection. (2008 Ed.) 19.146.210 (b) Subsection (4)(b) and (c) of this section applies only to applications received on or before January 1, 2007. Before January 1, 2007, in lieu of a surety bond, the applicant may, upon approval by the director, file with the director a certificate of deposit, an irrevocable letter of credit, or such other instrument as approved by the director by rule, drawn in favor of the director for an amount equal to the required bond. (c) Before January 1, 2007, in lieu of the surety bond or compliance with (b) of this subsection, an applicant may obtain insurance or coverage from an association comprised of mortgage brokers that is organized as a mutual corporation for the sole purpose of insuring or self-insuring claims that may arise from a violation of this chapter. An applicant may only substitute coverage under this subsection for the requirements of (a) or (b) of this subsection if the director, with the consent of the insurance commissioner, has authorized such association to organize a mutual corporation under such terms and conditions as may be imposed by the director to ensure that the corporation is operated in a financially responsible manner to pay any claims within the financial responsibility limits specified in (a) of this subsection. [2006 c 19 § 10; 2001 c 177 § 4; 1997 c 106 § 9; 1994 c 33 § 8; 1993 c 468 § 6.] Effective date—2001 c 177: See note following RCW 43.320.080. Severability—1997 c 106: See note following RCW 19.146.010. Adoption of rules—Severability—1993 c 468: See notes following RCW 19.146.0201. Effective dates—1993 c 468: See note following RCW 19.146.200. 19.146.210 License—Requirements for issuance— Denial—Validity—Surrender—Interim license—Rules. (1) The director shall issue and deliver a mortgage broker license to an applicant if, after investigation, the director makes the following findings: (a) The applicant has paid the required license fees; (b) The applicant has complied with RCW 19.146.205; (c) Neither the applicant, any of its principals, or the designated broker have had a license issued under this chapter or any similar state statute suspended or revoked within five years of the filing of the present application; (d) Neither the applicant, any of its principals, or the designated broker have been convicted of a gross misdemeanor involving dishonesty or financial misconduct or a felony within seven years of the filing of the present application; (e) The designated broker, (i) has at least two years of experience in the residential mortgage loan industry and (ii) has passed a written examination whose content shall be established by rule of the director; (f) The applicant, its principals, and the designated broker have demonstrated financial responsibility, character, and general fitness such as to command the confidence of the community and to warrant a belief that the business will be operated honestly, fairly, and efficiently within the purposes of this chapter; and (g) Neither the applicant, any of its principals, or the designated broker have been found to be in violation of this chapter or rules. (2) If the director does not find the conditions of subsection (1) of this section have been met, the director shall not issue the license. The director shall notify the applicant of the 19.146.210 [Title 19 RCW—page 217] 19.146.215 Title 19 RCW: Business Regulations—Miscellaneous denial and return to the applicant the bond or approved alternative and any remaining portion of the license fee that exceeds the department’s actual cost to investigate the license. (3) The director shall issue a mortgage broker license under this chapter to any licensee issued a license under chapter 468, Laws of 1993, that has a valid license and is otherwise in compliance with the provisions of this chapter. (4) A license issued pursuant to this section expires on the date one year from the date of issuance which, for license renewal purposes, is also the renewal date. The director shall adopt rules establishing the process for renewal of licenses. (5) A licensee may surrender a license by delivering to the director written notice of surrender, but the surrender does not affect the licensee’s civil or criminal liability or any administrative actions arising from acts or omissions occurring before such surrender. (6) To prevent undue delay in the issuance of a license and to facilitate the business of a mortgage broker, an interim license with a fixed date of expiration may be issued when the director determines that the mortgage broker has substantially fulfilled the requirements for licensing as defined by rule. [2006 c 19 § 11; 1997 c 106 § 10; 1994 c 33 § 10; 1993 c 468 § 7.] Severability—1997 c 106: See note following RCW 19.146.010. Adoption of rules—Severability—1993 c 468: See notes following RCW 19.146.0201. Effective dates—1993 c 468: See note following RCW 19.146.200. 19.146.215 Continuing education—Rules. The designated broker of every licensee shall complete an annual continuing education requirement. The director shall establish standards in rule for approval of professional organizations offering continuing education to designated brokers. The director may approve continuing education taken by designated brokers in other states if the director is satisfied that such continuing education meets the requirements of the continuing education required by this chapter. [2006 c 19 § 12; 1997 c 106 § 11; 1994 c 33 § 11.] 19.146.215 Severability—1997 c 106: See note following RCW 19.146.010. 19.146.220 Director—Powers and duties—Violations as separate violations—Rules. (1) The director may enforce all laws and rules relating to the licensing of mortgage brokers and loan originators, grant or deny licenses to mortgage brokers and loan originators, and hold hearings. (2) The director may impose fines or order restitution against licensees or other persons subject to this chapter, or deny, suspend, decline to renew, or revoke licenses for: (a) Violations of orders, including cease and desist orders; (b) False statements or omission of material information on the application that, if known, would have allowed the director to deny the application for the original license; (c) Failure to pay a fee required by the director or maintain the required bond; (d) Failure to comply with any directive, order, or subpoena of the director; or (e) Any violation of this chapter. 19.146.220 [Title 19 RCW—page 218] (3) The director may impose fines on an employee, loan originator, independent contractor, or agent of the licensee, or other person subject to this chapter for: (a) Any violations of RCW 19.146.0201 (1) through (9) or (13), 19.146.030 through 19.146.080, 19.146.200, 19.146.205(4), or 19.146.265; or (b) Failure to comply with any directive or order of the director. (4) The director may issue orders directing a licensee, its employee, loan originator, independent contractor, agent, or other person subject to this chapter to cease and desist from conducting business. (5) The director may issue orders removing from office or prohibiting from participation in the conduct of the affairs of a licensed mortgage broker, or both, any officer, principal, employee, or loan originator of any licensed mortgage broker or any person subject to licensing under this chapter for: (a) Any violation of 19.146.0201 (1) through (9) or (13), 19.146.030 through 19.146.080, 19.146.200, 19.146.205(4), or 19.146.265; (b) False statements or omission of material information on the application that, if known, would have allowed the director to deny the application for the original license; (c) Conviction of a gross misdemeanor involving dishonesty or financial misconduct or a felony after obtaining a license; or (d) Failure to comply with any directive or order of the director. (6) Each day’s continuance of a violation or failure to comply with any directive or order of the director is a separate and distinct violation or failure. (7) The director shall establish by rule standards for licensure of applicants licensed in other jurisdictions. (8) The director shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director’s receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order. [2006 c 19 § 13. Prior: 1997 c 106 § 12; 1997 c 58 § 879; 1996 c 103 § 1; 1994 c 33 § 12; 1993 c 468 § 8.] Severability—1997 c 106: See note following RCW 19.146.010. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. Effective date—1996 c 103: "This act shall take effect July 1, 1996." [1996 c 103 § 2.] Adoption of rules—Severability—1993 c 468: See notes following RCW 19.146.0201. Effective dates—1993 c 468: See note following RCW 19.146.200. 19.146.221 Action by director—Hearing—Sanction. The director may, at his or her discretion and as provided for in *RCW 19.146.220(2), take any action specified in RCW 19.146.220(1). If the person subject to such action does not 19.146.221 (2008 Ed.) Mortgage Broker Practices Act appear in person or by counsel at the time and place designated for any administrative hearing that may be held on the action then the person shall be deemed to consent to the action. If the person subject to the action consents, or if after hearing the director finds by a preponderance of the evidence that any grounds for sanctions under this chapter exist, then the director may impose any sanction authorized by this chapter. [1994 c 33 § 13.] *Reviser’s note: RCW 19.146.220 was amended by 1996 c 103 § 1, which deleted subsection (2). 19.146.223 Director—Administration and interpretation. The director shall have the power and broad administrative discretion to administer and interpret the provisions of this chapter to fulfill the intent of the legislature as expressed in RCW 19.146.005. [1994 c 33 § 2.] 19.146.223 19.146.235 (3) An application fee to cover the costs of processing applications made to the director under this chapter. Mortgage brokers and loan originators shall not be charged investigation fees for the processing of complaints when the investigation determines that no violation of this chapter occurred or when the mortgage broker or loan originator provides a remedy satisfactory to the complainant and the director and no order of the director is issued. All moneys, fees, and penalties collected under the authority of this chapter shall be deposited into the financial services regulation fund, unless the consumer services account is created as a dedicated, nonappropriated account, in which case all moneys, fees, and penalties collected under this chapter shall be deposited in the consumer services account. [2006 c 19 § 15; 2001 c 177 § 5; 1997 c 106 § 13; 1994 c 33 § 9.] Effective date—2001 c 177: See note following RCW 43.320.080. Severability—1997 c 106: See note following RCW 19.146.010. 19.146.225 Director—Rule-making powers. In accordance with the administrative procedure act, chapter 34.05 RCW, the director may issue rules under this chapter only after seeking the advice of the mortgage broker commission and only for the purpose of governing the activities of licensed mortgage brokers, loan originators, and other persons subject to this chapter. [2006 c 19 § 14; 1994 c 33 § 15; 1993 c 468 § 9.] 19.146.225 Adoption of rules—Severability—1993 c 468: See notes following RCW 19.146.0201. Effective dates—1993 c 468: See note following RCW 19.146.200. 19.146.230 Administrative procedure act application. The proceedings for denying license applications, issuing cease and desist orders, suspending or revoking licenses, and imposing civil penalties or other remedies issued pursuant to this chapter and any appeal therefrom or review thereof shall be governed by the provisions of the administrative procedure act, chapter 34.05 RCW. [1994 c 33 § 16; 1993 c 468 § 10.] 19.146.230 Adoption of rules—Severability—1993 c 468: See notes following RCW 19.146.0201. Effective dates—1993 c 468: See note following RCW 19.146.200. 19.146.227 Cease and desist order—Action to enjoin and enforce. Whenever the director determines that the public is likely to be substantially injured by delay in issuing a cease and desist order, the director may immediately issue a temporary cease and desist order. The order shall become effective at the time specified in the order. Every temporary cease and desist order shall include a provision that a hearing will be held, within fourteen days unless otherwise specified in chapter 34.05 RCW, upon request to determine whether the order will become permanent. If it appears that a person has engaged in an act or practice constituting a violation of a provision of this chapter, or a rule or order under this chapter, the director, with or without prior administrative proceedings, may bring an action in the superior court to enjoin the acts or practices and to enforce compliance with this chapter or any rule or order under this chapter. Upon proper showing, injunctive relief or temporary restraining orders shall be granted. The director shall not be required to post a bond in any court proceedings. [1994 c 33 § 14.] 19.146.227 19.146.228 Fees—Rules—Exception. The director shall establish fees by rule in accordance with the policy established in RCW 43.24.086 and fees shall be sufficient to cover, but not exceed, the costs of administering this chapter. These fees may include: (1) An annual assessment paid by each licensee on or before a date specified by rule; (2) An investigation fee to cover the costs of any investigation of the books and records of a licensee or other person subject to this chapter; and 19.146.228 (2008 Ed.) 19.146.235 Director’s authority to conduct investigations and examinations—Rules—Penalty. The director or a designee has authority to conduct investigations and examinations as provided in this section. (1) For the purposes of investigating violations or complaints arising under this chapter, the director or his or her designee may make an investigation of the operations of any mortgage broker or loan originator as often as necessary in order to carry out the purposes of this chapter. (2) Every mortgage broker shall make available to the director or a designee its books and records relating to its operations. (a) For the purpose of examinations, the director or his or her designee may have access to such books and records during normal business hours and interview the officers, principals, loan originators, employees, independent contractors, and agents of the licensee concerning their business. (b) For the purposes of investigating violations or complaints arising under this chapter, the director may at any time, either personally or by a designee, investigate the business, including but not limited to the books, accounts, records, and files used therein, of every licensee and of every person engaged in the business of mortgage brokering, whether such a person acts or claims to act under, or without the authority of, this chapter. (c) The director or designated person may direct, subpoena, or order the attendance of and examine under oath all persons whose testimony may be required about the loans or the business or subject matter of any such examination or investigation, and may direct, subpoena, or order such person 19.146.235 [Title 19 RCW—page 219] 19.146.237 Title 19 RCW: Business Regulations—Miscellaneous to produce books, accounts, records, files, and any other documents the director or designated person deems relevant to the inquiry. (3) Once during the first five years of licensing, including branch licensing, the director may visit, either personally or by designee, the licensee’s place or places of business to conduct an examination. The scope of the examination is limited to documents and information necessary to determine compliance with this chapter and attendant rules. In general, the examination scope may include: (a) A review for trust accounting compliance; (b) Loan file review to determine the mortgage broker’s compliance with this chapter and applicable federal regulations covering the business of mortgage brokering and lending; (c) Interviews for the purpose of understanding business and solicitation practices, transactional events, disclosure compliance, complaint resolution, or determining specific compliance with this chapter and the attendant rules; and (d) A review of general business books and records, including employee records, for the purpose of determining specific compliance with this chapter and the attendant rules. (4) The purpose of an examination is to make certain that licensees are conducting business in compliance with the law. Therefore, protocols for examination findings and corrective action directed from an examination must be established by rule of the director. To accomplish this purpose, these protocols must include the following: (a) A reporting mechanism from the director to the licensee; (b) A process for clear notification of violations and an opportunity for response by the licensee; and (c) The criteria by which the frequency of examinations will be determined. (5) If the examination findings clearly identify the need to expand the scope of the examination, the director or a designee, upon five days’ written notification to the licensee with an explanation of the need, may: (a) Expand the examination review to locations other than the examined location regardless of the number of years a location has held a license; or (b) Expand the time period of the examination beyond the five-year period of licensing, provided the expansion of time does not exceed a date certain identified in the written notification in this subsection. (6) The director or a designee may consider reports made by independent certified professionals for the mortgage broker covering the same general subject matter as the examination. The director or a designee may incorporate all or part of the report in the report of the examination. (7) The director may retain attorneys, accountants, or other professionals and specialists as examiners, auditors, or investigators to conduct or assist in the conduct of examinations or investigations. The cost of these services for investigations only must be billed in accordance with RCW 19.146.228. (8) The director may establish by rule travel costs for examination of out-of-state entities. (9)(a) No person subject to examination or investigation under this chapter may knowingly withhold, abstract, [Title 19 RCW—page 220] remove, mutilate, destroy, or secrete any books, records, computer records, or other information. (b) A person who commits an act under (a) of this subsection is guilty of a class B felony punishable under RCW 9A.20.021(1)(b) or punishable by a fine of not more than twenty thousand dollars, or both. [2006 c 19 § 16; 1997 c 106 § 14; 1994 c 33 § 17; 1993 c 468 § 11.] Severability—1997 c 106: See note following RCW 19.146.010. Adoption of rules—Severability—1993 c 468: See notes following RCW 19.146.0201. Effective dates—1993 c 468: See note following RCW 19.146.200. 19.146.237 Director—Powers under chapter 19.144 RCW. The director or the director’s designee may take such action as provided for in this chapter to enforce, investigate, or examine persons covered by chapter 19.144 RCW. [2008 c 108 § 14.] 19.146.237 Findings—2008 c 108: See RCW 19.144.005. 19.146.240 Violations—Claims against bond or alternative. (1) The director or any person injured by a violation of this chapter may bring an action against the surety bond or approved alternative of the licensed mortgage broker who committed the violation or who employed or engaged the loan originator who committed the violation. (2)(a) The director or any person who is damaged by the licensee’s or its loan originator’s violation of this chapter, or rules adopted under this chapter, may bring suit upon the surety bond or approved alternative in the superior court of any county in which jurisdiction over the licensee may be obtained. Jurisdiction shall be exclusively in the superior court. Any such action must be brought not later than one year after the alleged violation of this chapter or rules adopted under this chapter. Except as provided in subsection (2)(b) of this section, in the event valid claims of borrowers against a bond or deposit exceed the amount of the bond or deposit, each borrower claimant shall only be entitled to a pro rata amount, based on the amount of the claim as it is valid against the bond or deposit, without regard to the date of filing of any claim or action. If, after all valid borrower claims are paid, valid claims by nonborrower claimants exceed the remaining amount of the bond or deposit, each nonborrower claimant shall only be entitled to a pro rata amount, based on the amount of the claim as it is valid against the bond or deposit, without regard to the date of the filing or any claim or action. A judgment arising from a violation of this chapter or rule adopted under this chapter shall be entered for actual damages and in no case be less than the amount paid by the borrower to the licensed mortgage broker plus reasonable attorneys’ fees and costs. In no event shall the surety bond or approved alternative provide payment for any trebled or punitive damages. (b) Borrowers shall be given priority over the director and other persons in distributions in actions against the surety bond. The director and other third parties shall then be entitled to distribution to the extent of their claims as found valid against the remainder of the bond. In the case of claims made by any person or entity who is not a borrower, no final judgment may be entered prior to one hundred eighty days following the date the claim is filed. This provision regarding prior19.146.240 (2008 Ed.) Mortgage Broker Practices Act ity shall not restrict the right of any claimant to file a claim within one year. (3) The remedies provided under this section are cumulative and nonexclusive and do not affect any other remedy available at law. [1997 c 106 § 15; 1994 c 33 § 21; 1993 c 468 § 14.] Severability—1997 c 106: See note following RCW 19.146.010. Adoption of rules—Severability—1993 c 468: See notes following RCW 19.146.0201. Effective dates—1993 c 468: See note following RCW 19.146.200. 19.146.245 Violations—Liability. A licensed mortgage broker is liable for any conduct violating this chapter by the designated broker, a loan originator, or other licensed mortgage broker while employed or engaged by the licensed mortgage broker. [1997 c 106 § 16; 1994 c 33 § 22; 1993 c 468 § 15.] 19.146.245 Severability—1997 c 106: See note following RCW 19.146.010. Adoption of rules—Severability—1993 c 468: See notes following RCW 19.146.0201. Effective dates—1993 c 468: See note following RCW 19.146.200. 19.146.250 Authority restricted to person named in license—Exceptions. No license issued under the provisions of this chapter shall authorize any person other than the person to whom it is issued to do any act by virtue thereof nor to operate in any other manner than under his or her own name except: (1) A licensed mortgage broker may operate or advertise under a name other than the one under which the license is issued by obtaining the written consent of the director to do so; and (2) A broker may establish one or more branch offices under a name or names different from that of the main office if the name or names are approved by the director, so long as each branch office is clearly identified as a branch or division of the main office. Both the name of the branch office and of the main office must clearly appear on the sign identifying the office, if any, and in any advertisement or on any letterhead of any stationery or any forms, or signs used by the mortgage firm on which either the name of the main or branch offices appears. [1997 c 106 § 17; 1993 c 468 § 16.] 19.146.250 Severability—1997 c 106: See note following RCW 19.146.010. Adoption of rules—Severability—1993 c 468: See notes following RCW 19.146.0201. Effective dates—1993 c 468: See note following RCW 19.146.200. 19.146.260 Registered agent for brokers without physical office in state—Venue. Every licensed mortgage broker that does not maintain a physical office within the state must maintain a registered agent within the state to receive service of any lawful process in any judicial or administrative noncriminal suit, action, or proceeding against the licensed mortgage broker which arises under this chapter or any rule or order under this chapter, with the same force and validity as if served personally on the licensed mortgage broker. Service upon the registered agent shall not be effective unless the plaintiff, who may be the director in a suit, action, or proceeding instituted by him or her, no later than the next business day sends notice of the service and a copy 19.146.260 (2008 Ed.) 19.146.280 of the process by registered mail to the defendant or respondent at the last address of the respondent or defendant on file with the director. In any judicial action, suit, or proceeding arising under this chapter or any rule or order adopted under this chapter between the department or director and a licensed mortgage broker who does not maintain a physical office in this state, venue shall be exclusively in the superior court of Thurston county. [2000 c 171 § 74; 1997 c 106 § 18; 1994 c 33 § 23; 1993 c 468 § 17.] Severability—1997 c 106: See note following RCW 19.146.010. Adoption of rules—Severability—1993 c 468: See notes following RCW 19.146.0201. Effective dates—1993 c 468: See note following RCW 19.146.200. 19.146.265 Branch offices—Fee—Licenses—Rules. A licensed mortgage broker may apply to the director for authority to establish one or more branch offices under the same or different name as the main office upon the payment of a fee as prescribed by the director by rule. Provided that the applicant is in good standing with the department, as defined in rule by the director, the director shall promptly issue a duplicate license for each of the branch offices showing the location of the main office and the particular branch. Each duplicate license shall be prominently displayed in the office for which it is issued. [1997 c 106 § 19; 1994 c 33 § 24; 1993 c 468 § 18.] 19.146.265 Severability—1997 c 106: See note following RCW 19.146.010. Adoption of rules—Severability—1993 c 468: See notes following RCW 19.146.0201. Effective dates—1993 c 468: See note following RCW 19.146.200. 19.146.280 Mortgage broker commission—Code of conduct—Complaint review. (1) There is established the mortgage broker commission consisting of seven commission members who shall act in an advisory capacity to the director on mortgage broker issues. (2) The director shall appoint the members of the commission, weighing the recommendations from professional organizations representing mortgage brokers and loan originators. At least three of the commission members shall be mortgage brokers licensed under this chapter, at least one shall be exempt from licensure under RCW 19.146.020(1)(g), and at least two of the commission members shall be licensed loan originators under this chapter. No commission member shall be appointed who has had less than five years’ experience in the business of residential mortgage lending. In addition, the director or a designee shall serve as an ex officio, nonvoting member of the commission. Voting members of the commission shall serve for two-year terms. The department shall provide staff support to the commission. (3) The commission may establish a code of conduct for its members. Any commissioner may bring a motion before the commission to remove a commissioner for failing to conduct themselves in a manner consistent with the code of conduct. The motion shall be in the form of a recommendation to the director to dismiss a specific commissioner and shall enumerate causes for doing so. The commissioner in question shall recuse himself or herself from voting on any such motion. Any such motion must be approved unanimously by 19.146.280 [Title 19 RCW—page 221] 19.146.290 Title 19 RCW: Business Regulations—Miscellaneous the remaining six commissioners. Approved motions shall be immediately transmitted to the director for review and action. (4) Members of the commission shall be reimbursed for their travel expenses incurred in carrying out the provisions of this chapter in accordance with RCW 43.03.050 and 43.03.060. All costs and expenses associated with the commission shall be paid from the financial services regulation fund, unless the consumer services account is created as a dedicated, nonappropriated account, in which case all costs and expenses shall be paid from the consumer services account. (5) The commission shall advise the director on the characteristics and needs of the mortgage broker profession. (6) The department, in consultation with other applicable agencies of state government, shall conduct a continuing review of the number and type of consumer complaints arising from residential mortgage lending in the state. The department shall report its findings to the senate committee on financial institutions and house of representatives committee on financial institutions and insurance along with recommendations for any changes in the licensing requirements of this chapter, biennially by December 1st of each even-numbered year. [2006 c 19 § 17; 2001 c 177 § 6; 1997 c 106 § 20; 1994 c 33 § 26; 1993 c 468 § 21.] Effective date—2001 c 177: See note following RCW 43.320.080. Severability—1997 c 106: See note following RCW 19.146.010. Adoption of rules—Severability—1993 c 468: See notes following RCW 19.146.0201. Effective dates—1993 c 468: See note following RCW 19.146.200. 19.146.290 Licensee to provide director with annual report of mortgage broker activity. (1) A licensee shall provide the director with an annual report of mortgage broker activity. The director may by rule create a schedule and format for the annual report. The annual report may only include the following for mortgage broker activities in Washington state: (a) The total number of closed loans originated by the mortgage broker; and (b) The total dollar volume of closed loans originated by the mortgage broker. (2) Any information provided by a mortgage broker in an annual report that constitutes a trade secret as defined in RCW 19.108.010 is exempt from the disclosure requirements in chapters 42.17 and 42.56 RCW, unless aggregated with information supplied by other mortgage brokers in such a manner that the mortgage broker’s individual information is not identifiable. Any information provided by the mortgage broker that allows identification of the mortgage broker may only be used for purposes reasonably related to the regulation of mortgage brokers to ensure compliance with this chapter. [2006 c 19 § 18.] 19.146.290 19.146.300 Loan originator license—Application— Applicant to furnish information establishing identification—Background check—Fees—Rules. (1) Application for a loan originator license under this chapter shall be in writing and in the form prescribed by the director. The application shall contain at least the following information: 19.146.300 [Title 19 RCW—page 222] (a) The name, address, date of birth, and social security number of the loan originator applicant, and any other names, dates of birth, or social security numbers previously used by the loan originator applicant, unless waived by the director; and (b) Such other information regarding the loan originator applicant’s background, experience, character, and general fitness as the director may require by rule. (2) As part of or in connection with an application for any license under this section, the loan originator applicant shall furnish information concerning his or her identity, including fingerprints for submission to the Washington state patrol, the federal bureau of investigation, and any governmental agency or entity authorized to receive this information for a state and national criminal history background check; personal history; experience; business record; purposes; and other pertinent facts, as the director may reasonably require. As part of or in connection with an application for a license under this chapter, the director is authorized to receive criminal history record information that includes nonconviction data as defined in RCW 10.97.030. The department may only disseminate nonconviction data obtained under this section to criminal justice agencies. This section does not apply to financial institutions regulated under chapters 31.12 and 31.13 RCW and Titles 30, 32, and 33 RCW. (3) At the time of filing an application for a license under this chapter, each loan originator applicant shall pay to the director the appropriate application fee in an amount determined by rule of the director in accordance with RCW 19.146.228 to cover the cost of processing and reviewing the application. The director shall deposit the moneys in the financial services regulation fund. (4) The director must establish by rule procedures for accepting and processing incomplete applications. [2006 c 19 § 19.] 19.146.310 Loan originator license—Requirements for issuance—Denial—Validity—Expiration—Surrender—Interim license. (1) The director shall issue and deliver a loan originator license if, after investigation, the director makes the following findings: (a) The loan originator applicant has paid the required license fees; (b) The loan originator applicant has met the requirements of RCW 19.146.300; (c) The loan originator applicant has not had a license issued under this chapter or any similar state statute suspended or revoked within five years of the filing of the present application; (d) The loan originator applicant has not been convicted of a gross misdemeanor involving dishonesty or financial misconduct or a felony within seven years of the filing of the present application; (e) The loan originator applicant has passed a written examination whose content shall be established by rule of the director; (f) The loan originator applicant has not been found to be in violation of this chapter or rules; (g) The loan originator applicant has demonstrated character and general fitness such as to command the confidence of the community and to warrant a belief that the business 19.146.310 (2008 Ed.) Mortgage Loan Servicing will be operated honestly and fairly within the purposes of this chapter; and (h) The loan originator licensee has completed, during the calendar year preceding a licensee’s annual license renewal date, continuing education as established by rule of the director. The director shall establish standards in rule for approval of professional organizations offering continuing education to loan originators. The director may approve continuing education taken by loan originators in other states if the director is satisfied that such continuing education meets the requirements of the continuing education required by this chapter. (2) If the director does not find the conditions of subsection (1) of this section have been met, the director shall not issue the loan originator license. The director shall notify the loan originator applicant of the denial and return to the loan originator applicant any remaining portion of the license fee that exceeds the department’s actual cost to investigate the license. (3) The director shall issue a new loan originator license under this chapter to any licensee that has a valid license and is otherwise in compliance with this chapter. (4) A loan originator license issued under this section expires on the date one year from the date of issuance which, for license renewal purposes, is also the renewal date. The director shall establish rules regarding the loan originator license renewal process created under this chapter. (5) A loan originator licensee may surrender a license by delivering to the director written notice of surrender, but the surrender does not affect the loan originator licensee’s civil or criminal liability or any administrative actions arising from acts or omissions occurring before such surrender. (6) To prevent undue delay in the issuance of a loan originator license and to facilitate the business of a loan originator, an interim loan originator license with a fixed date of expiration may be issued when the director determines that the loan originator has substantially fulfilled the requirements for loan originator licensing as defined by rule. [2006 c 19 § 20.] 19.146.320 Loan originator license—Not assignable. A loan originator license, or the authority granted under such a license, is not assignable and cannot be transferred, sold, or franchised by contract or any other means. [2006 c 19 § 21.] 19.146.320 19.146.330 Loan originator—Limit on applications taken. A loan originator may only take an application on behalf of one mortgage broker at a time, and that mortgage broker must be clearly identified on the application. [2006 c 19 § 22.] 19.146.330 19.146.900 Short title. This act shall be known and cited as the "mortgage broker practices act." [1987 c 391 § 2.] 19.146.900 19.146.901 Severability—1987 c 391. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1987 c 391 § 15.] 19.146.901 (2008 Ed.) 19.148.020 19.146.902 Severability—1994 c 33. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1994 c 33 § 28.] 19.146.902 19.146.903 Effective dates—1994 c 33. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 21, 1994], except section 5 of this act which shall take effect June 1, 1994. [1994 c 33 § 29.] 19.146.903 19.146.904 Implementation of act—2006 c 19. The director of the department of financial institutions or the director’s designee may take such steps as are necessary to ensure that chapter 19, Laws of 2006 is implemented on January 1, 2007. [2006 c 19 § 23.] 19.146.904 19.146.905 Effective date—2006 c 19. This act takes effect January 1, 2007. [2006 c 19 § 24.] 19.146.905 Chapter 19.148 Chapter 19.148 RCW MORTGAGE LOAN SERVICING Sections 19.148.010 19.148.020 19.148.030 19.148.900 Finding—Purpose. Definitions. Disclosure requirements—Action for damages. Effective date—1989 c 98. 19.148.010 Finding—Purpose. The ability of individuals to obtain information relating to their residential mortgage loans is vital to the financial needs of mortgagors in Washington. The public interest is adversely affected when a residential mortgage loan’s servicing is sold or transferred with insufficient notification given to the mortgagor. In addition, mortgagors may experience difficulty in obtaining various mortgage loan information including information concerning mortgage loan prepayments, reserve accounts, and adjustments to monthly payments. The legislature finds that the legitimate interests of mortgagors and mortgage loan servicers are served if the disclosure of the potential sale of loan servicing is made to the mortgagor, reasonable notification of a residential mortgage loan servicing’s sale is made, and continued mortgagor access to information regarding the mortgage loan is promoted. [1989 c 98 § 1.] 19.148.010 19.148.020 Definitions. Unless the context requires otherwise, the definitions in this section apply throughout this chapter. (1) "Lender" shall mean any person in the business of making a loan. (2) "Loan" shall mean any loan used to finance the acquisition of a one-to-four family owner occupied residence located in this state. (3) "Purchasing servicing agent" is any person who purchases, receives through transfer or assignment, or otherwise acquires the responsibility of the servicing for a loan. 19.148.020 [Title 19 RCW—page 223] 19.148.030 Title 19 RCW: Business Regulations—Miscellaneous (4) "Person" shall include an individual, firm, association, partnership, business, trust, corporation, or any other legal entity whether resident or nonresident. [1989 c 98 § 2.] 19.148.030 Disclosure requirements—Action for damages. (1) If the servicing for the loan is subject to sale, transfer, or assignment, a lender shall so disclose in writing at the time of or prior to loan closing and shall also disclose in the same writing that when such servicing is sold, transferred, or assigned, the purchasing servicing agent is required to provide notification to the mortgagor. If a lender, which has not provided the notice required by this subsection, consolidates with, merges with or is acquired by another institution, and thereafter loan servicing becomes subject to sale, transfer, or assignment, that institution shall within thirty days of such transaction make the disclosure in writing to the obligor primarily responsible for repaying each loan according to the records of the lender. (2) If the servicing of a loan is sold, assigned, transferred, or otherwise acquired by another person, the purchasing servicing agent shall: (a)(i) Issue corrected coupon or payment books, if used and necessary; (ii) Provide notification to the mortgagor at least thirty days prior to the due date of the first payment to the purchasing servicing agent, of the name, address, and telephone number of the division from whom the mortgagor can receive information regarding the servicing of the loan; and (iii) Inform the mortgagor of changes made regarding the servicing requirements including, but not limited to, interest rate, monthly payment amount, and escrow balance; and (b) Respond within fifteen business days upon receipt of a written request for information from a mortgagor. A written response must include the telephone number of the company division who can assist the mortgagor. (3) Any person injured by a violation of this chapter may bring an action for actual damages and reasonable attorneys’ fees and costs incurred in bringing the action. [1989 c 98 § 3.] 19.148.030 19.148.900 Effective date—1989 c 98. This act shall take effect on January 1, 1990. [1989 c 98 § 5.] 19.148.900 Chapter 19.149 RCW RESIDENTIAL MORTGAGE LOAN CLOSING— VALUATION DISCLOSURE Chapter 19.149 Sections 19.149.010 19.149.020 Definitions. Purchase money residential mortgage loans—Provision to borrower of documents used by lender to evaluate value— Written waiver. 19.149.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter: (1) "Lender" means any person doing business under the laws of this state or the United States relating to banks, savings banks, trust companies, savings and loan associations, credit unions, consumer loan companies, insurance companies, real estate investment trusts as defined in 26 U.S.C. Sec. 19.149.010 [Title 19 RCW—page 224] 856 and the affiliates, subsidiaries, and service corporations thereof, and all other persons who make residential mortgage loans. (2) "Residential mortgage loan" means any loan used for the purchase of a single-family dwelling or multiple-family dwelling of four or less units secured by a mortgage or deed of trust on the residential real estate. [1994 c 295 § 1.] 19.149.020 Purchase money residential mortgage loans—Provision to borrower of documents used by lender to evaluate value—Written waiver. A lender shall provide to the borrower, prior to the closing of a residential mortgage loan, true and complete copies of all appraisals or other documents relied upon by the lender in evaluating the value of the dwelling to be financed. A borrower may waive in writing the lender’s duty to provide the appraisals or other documents prior to closing. This written waiver may not be construed to in any way limit the lender’s duty to provide the information to the borrower at a reasonable later date. This section shall only apply to purchase money residential mortgage loans. [1994 c 295 § 2.] 19.149.020 Chapter 19.150 RCW SELF-SERVICE STORAGE FACILITIES Chapter 19.150 Sections 19.150.010 19.150.020 19.150.030 19.150.040 19.150.050 19.150.060 19.150.070 19.150.080 19.150.090 19.150.100 19.150.110 19.150.120 19.150.130 19.150.140 19.150.150 19.150.900 19.150.901 19.150.902 19.150.903 19.150.904 Definitions. Lien on personal property. Unpaid rent—Denial of access to storage space. Unpaid rent—Termination of occupant’s rights—Notice. Form of notice. Attachment of lien—Final notice of lien sale or notice of disposal. Sale of property. Manner of sale—Who may not acquire property—Interest on excess proceeds. Claim by persons with a security interest. Payment prior to sale by persons claiming a right to the property. Good faith purchasers. Contract for storage space—Alternative address for notice. Owner not obligated to provide insurance. Other rights not impaired. Late fees. Short title. Application of chapter. Existing rental agreements not affected. Chapter not applicable to owner subject to Article 62A.7 RCW. Severability—1988 c 240. 19.150.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Self-service storage facility" means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to the space for the purpose of storing and removing personal property on a self-service basis, but does not include a garage or other storage area in a private residence. No occupant may use a self-service storage facility for residential purposes. (2) "Owner" means the owner, operator, lessor, or sublessor of a self-service storage facility, his or her agent, or any other person authorized by him or her to manage the facility, or to receive rent from an occupant under a rental agreement. 19.150.010 (2008 Ed.) Self-Service Storage Facilities (3) "Occupant" means a person, or his or her sublessee, successor, or assign, who is entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others. (4) "Rental agreement" means any written agreement or lease which establishes or modifies the terms, conditions, rules or any other provision concerning the use and occupancy of a self-service storage facility. (5) "Personal property" means movable property not affixed to land, and includes, but is not limited to, goods, merchandise, furniture, and household items. (6) "Last known address" means that address provided by the occupant in the latest rental agreement, or the address provided by the occupant in a subsequent written notice of a change of address. (7) "Reasonable manner" means to dispose of personal property by donation to a not-for-profit charitable organization, removal of the personal property from the self-service storage facility by a trash hauler or recycler, or any other method that in the discretion of the owner is reasonable under the circumstances. (8) "Commercially reasonable manner" means a public sale of the personal property in the self-storage space. The personal property may be sold in the owner’s discretion on or off the self-service storage facility site as a single lot or in parcels. If five or more bidders are in attendance at a public sale of the personal property, the proceeds received are deemed to be commercially reasonable. (9) "Costs of the sale" means reasonable costs directly incurred by the delivering or sending of notices, advertising, accessing, inventorying, auctioning, conducting a public sale, removing, and disposing of property stored in a self-service storage facility. (10) "Late fee" means a fee or charge assessed by an owner of a self-service storage facility as an estimate of any loss incurred by an owner for an occupant’s failure to pay rent when due. A late fee is not a penalty, interest on a debt, nor is a late fee a reasonable expense that the owner may incur in the course of collecting unpaid rent in enforcing the owner’s lien rights pursuant to RCW 19.150.020 or enforcing any other remedy provided by statute or contract. [2008 c 61 § 1; 2007 c 113 § 1; 1988 c 240 § 2.] 19.150.020 Lien on personal property. The owner of a self-service storage facility and his or her heirs, executors, administrators, successors, and assigns have a lien upon all personal property located at a self-service storage facility for rent, labor, late fees, and costs of the sale, present or future, incurred pursuant to the rental agreement, and for expenses necessary for the preservation, sale, or disposition of personal property subject to this chapter. The lien may be enforced consistent with this chapter. However, any lien on a motor vehicle or boat which has attached and is set forth in the documents of title to the motor vehicle or boat shall have priority over any lien created pursuant to this chapter. [2008 c 61 § 3; 1988 c 240 § 3.] 19.150.020 19.150.030 Unpaid rent—Denial of access to storage space. When any part of the rent or other charges due from an occupant remains unpaid for six consecutive days, and the rental agreement so provides, an owner may deny the occupant access to the storage space at a self-service storage facility. [1988 c 240 § 4.] 19.150.040 Unpaid rent—Termination of occupant’s rights—Notice. When any part of the rent or other charges due from an occupant remains unpaid for fourteen consecutive days, an owner may terminate the right of the occupant to the use of the storage space at a self-service storage facility by sending a preliminary lien notice to the occupant’s last known address, and to the alternative address specified in RCW 19.150.120(2), by first-class mail, postage prepaid, containing all of the following: (1) An itemized statement of the owner’s claim showing the sums due at the time of the notice and the date when the sums become due. (2) A statement that the occupant’s right to use the storage space will terminate on a specified date (not less than fourteen days after the mailing of the notice) unless all sums due and to become due by that date are paid by the occupant prior to the specified date. (3) A notice that the occupant may be denied or continue to be denied, as the case may be, access to the storage space after the termination date if the sums are not paid, and that an owner’s lien, as provided for in RCW 19.150.020 may be imposed thereafter. (4) The name, street address, and telephone number of the owner, or his or her designated agent, whom the occupant may contact to respond to the notice. [2007 c 113 § 2; 1988 c 240 § 5.] 19.150.040 19.150.050 Form of notice. A notice in substantially the following form shall satisfy the requirements of RCW 19.150.040: 19.150.050 "PRELIMINARY LIEN NOTICE to (occupant) (address) (state) You owe and have not paid rent and/or other charges for the use of storage (space number) at (name and address of self-service storage facility) Charges that have been due for more than fourteen days and accruing on or before (date) are itemized as follows: DUE DATE DESCRIPTION AMOUNT TOTAL $ ___ IF this sum is not paid in full before (date at least fourteen days from mailing) , your right to use the storage space will terminate, you may be denied, or continue to be denied, access and an owner’s lien on any stored property will be imposed. You may pay the sum due and contact the owner at: (Name) (Address) (State) (Telephone) (Date) (Owner’s Signature) 19.150.030 (2008 Ed.) 19.150.050 " [1988 c 240 § 6.] [Title 19 RCW—page 225] 19.150.060 Title 19 RCW: Business Regulations—Miscellaneous 19.150.060 19.150.060 Attachment of lien—Final notice of lien sale or notice of disposal. If a notice has been sent, as required by RCW 19.150.040, and the total sum due has not been paid as of the date specified in the preliminary lien notice, the lien proposed by this notice attaches as of that date and the owner may deny an occupant access to the space, enter the space, inventory the goods therein, and remove any property found therein to a place of safe keeping. The owner shall then serve by personal service or send to the occupant, addressed to the occupant’s last known address and to the alternative address specified in RCW 19.150.120(2) by certified mail, postage prepaid, a notice of final lien sale or final notice of disposition which shall state all of the following: (1) That the occupant’s right to use the storage space has terminated and that the occupant no longer has access to the stored property. (2) That the stored property is subject to a lien, and the amount of the lien accrued and to accrue prior to the date required to be specified in subsection (3) of this section. (3) That all the property, other than personal papers and personal photographs, may be sold to satisfy the lien after a specified date which is not less than fourteen days from the date of mailing the final lien sale notice, or a minimum of forty-two days after the date when any part of the rent or other charges due from the occupants remain unpaid, whichever is later, unless the amount of the lien is paid. The owner is not required to sell the personal property within a maximum number of days of when the rent or other charges first became due. If the total value of property in the storage space is less than three hundred dollars, the owner may, instead of sale, dispose of the property in any reasonable manner, subject to the restrictions of RCW 19.150.080(4). After the sale or other disposition pursuant to this section has been completed, the owner shall provide an accounting of the disposition of the proceeds of the sale or other disposition to the occupant at the occupant’s last known address and at the alternative address. (4) That any excess proceeds of the sale or other disposition under RCW 19.150.080(2) over the lien amount and reasonable costs of sale will be retained by the owner and may be reclaimed by the occupant, or claimed by another person, at any time for a period of six months from the sale and that thereafter the proceeds will be turned over to the state as abandoned property as provided in RCW 63.29.165. (5) That any personal papers and personal photographs will be retained by the owner and may be reclaimed by the occupant at any time for a period of six months from the sale or other disposition of property and that thereafter the owner may dispose of the personal papers and photographs in a reasonable manner, subject to the restrictions of RCW 19.150.080(3). (6) That the occupant has no right to repurchase any property sold at the lien sale. [2007 c 113 § 3; 1996 c 220 § 1; 1993 c 498 § 5; 1988 c 240 § 7.] Application—1996 c 220: "This act shall only apply to rental agreements entered into, extended, or renewed after June 6, 1996. Rental agreements entered into before June 6, 1996, which provide for monthly rental payments but providing no specific termination date shall be subject to this act on the first monthly rental payment date next succeeding June 6, 1996." [1996 c 220 § 4.] [Title 19 RCW—page 226] 19.150.070 19.150.070 Sale of property. The owner, subject to RCW 19.150.090 and 19.150.100, may sell the property, other than personal papers and personal photographs, upon complying with the requirements set forth in RCW 19.150.080. [2007 c 113 § 4; 1988 c 240 § 8.] 19.150.080 19.150.080 Manner of sale—Who may not acquire property—Interest on excess proceeds. (1) After the expiration of the time given in the final notice of lien sale pursuant to RCW 19.150.060, the property, other than personal papers and personal photographs, may be sold or disposed of in a reasonable manner as provided in this section. (2)(a) If the property has a value of three hundred dollars or more, the sale shall be conducted in a commercially reasonable manner, and, after applying the proceeds to costs of the sale and then to the amount of the lien, the owner shall retain any excess proceeds of the sale on the occupant’s behalf. The occupant, or any other person having a court order or other judicial process against the property, may claim the excess proceeds, or a portion thereof sufficient to satisfy the particular claim, at any time within six months of the date of sale. (b) If the property has a value of less than three hundred dollars, the property may be disposed of in a reasonable manner. (3) Personal papers and personal photographs that are not reclaimed by the occupant within six months of a sale under subsection (2)(a) of this section or other disposition under subsection (2)(b) of this section may be disposed of in a reasonable manner. (4) No employee or owner, or family member of an employee or owner, may acquire, directly or indirectly, the property sold pursuant to subsection (2)(a) of this section or disposed of pursuant to subsection (2)(b) of this section, or personal papers and personal photographs disposed of under subsection (3) of this section. (5) The owner is entitled to retain any interest earned on the excess proceeds until the excess proceeds are claimed by another person or are turned over to the state as abandoned property pursuant to RCW 63.29.165. [2007 c 113 § 5; 1996 c 220 § 2; 1993 c 498 § 6; 1988 c 240 § 9.] Application—1996 c 220: See note following RCW 19.150.060. 19.150.090 19.150.090 Claim by persons with a security interest. Any person who has a perfected security interest under *Article 62A.9 RCW of the uniform commercial code may claim any personal property subject to the security interest and subject to a lien pursuant to this chapter by paying the total amount due, as specified in the lien notices, for the storage of the property. Upon payment of the total amount due, the owner shall deliver possession of the particular property subject to the security interest to the person who paid the total amount due. The owner shall not be liable to any person for any action taken pursuant to this section if the owner has fully complied with RCW 19.150.050 and 19.150.060. [1988 c 240 § 10.] *Reviser’s note: Article 62A.9 RCW was repealed in its entirety by 2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see Article 62A.9A RCW. (2008 Ed.) Immigration Assistant Practices Act 19.150.100 Payment prior to sale by persons claiming a right to the property. Prior to any sale pursuant to RCW 19.150.080, any person claiming a right to the personal property may pay the amount necessary to satisfy the lien and one month’s rent in advance. In that event, the personal property may not be sold, but must be retained by the owner pending a court order directing the disposition of the personal property. If such an order is not obtained within thirty days of the original payment, the claimant must pay the monthly rental charge for the space where the personal property is stored. If rent is not paid, the owner may sell or dispose of the personal property in accordance with RCW 19.150.080. The owner has no liability to a claimant who fails to secure a court order in a timely manner or pay the required rental charge for any sale or other disposition of the personal property. [2007 c 113 § 6; 1988 c 240 § 11.] 19.150.100 19.150.110 Good faith purchasers. A purchaser in good faith of goods disposed of pursuant to RCW 19.150.080(2) takes the goods free of any rights of persons against whom the lien was claimed, despite noncompliance by the owner of the storage facility with this chapter. [1996 c 220 § 3; 1988 c 240 § 12.] 19.150.110 Application—1996 c 220: See note following RCW 19.150.060. 19.150.120 Contract for storage space—Alternative address for notice. (1) Each contract for the rental or lease of individual storage space in a self-service storage facility shall be in writing and shall contain, in addition to the provisions otherwise required or permitted by law to be included, a statement requiring the occupant to disclose any lienholders or secured parties who have an interest in the property that is or will be stored in the self-service storage facility, a statement that the occupant’s property will be subject to a claim of lien and may even be sold to satisfy the lien if the rent or other charges due remain unpaid for fourteen consecutive days, and that such actions are authorized by this chapter. (2) The lien authorized by this chapter shall not attach, unless the rental agreement requests, and provides space for, the occupant to give the name and address of another person to whom the preliminary lien notice and subsequent notices required to be given under this chapter may be sent. Notices sent pursuant to RCW 19.150.040 or 19.150.060 shall be sent to the occupant’s address and the alternative address, if both addresses are provided by the occupant. Failure of an occupant to provide an alternative address shall not affect an owner’s remedies under this chapter or under any other provision of law. [1988 c 240 § 13.] Chapter 19.154 rights provided by law to a creditor against his or her debtor. [1988 c 240 § 15.] 19.150.150 Late fees. Any late fee charged by the owner shall be provided for in the rental agreement. No late fee shall be collected unless it is written in the rental agreement or as an addendum to such agreement. An owner may impose a reasonable late fee for each month an occupant does not pay rent when due. A late fee of twenty dollars or twenty percent of the monthly rental amount, whichever is greater, for each late rental payment shall be deemed reasonable, and shall not constitute a penalty. [2008 c 61 § 2.] 19.150.150 19.150.900 Short title. This chapter shall be known as the "Washington self-service storage facility act." [1988 c 240 § 1.] 19.150.900 19.150.901 Application of chapter. This chapter shall only apply to rental agreements entered into, automatically extended, or automatically renewed after June 9, 1988. Rental agreements entered into before June 9, 1988, which provide for monthly rental payments but providing no specific termination date shall be subject to this chapter on the first monthly rental payment date next succeeding June 9, 1988. [2008 c 61 § 4; 1988 c 240 § 16.] 19.150.901 19.150.120 19.150.902 Existing rental agreements not affected. All rental agreements entered into before June 9, 1988, and not automatically extended or automatically renewed after that date, or otherwise made subject to this chapter pursuant to RCW 19.150.901, and the rights, duties, and interests flowing from them, shall remain valid, and may be enforced or terminated in accordance with their terms or as permitted by any other statute or law of this state. [2008 c 61 § 5; 1988 c 240 § 17.] 19.150.902 19.150.903 Chapter not applicable to owner subject to Article 62A.7 RCW. If an owner issues any warehouse receipt, bill of lading, or other document of title for the personal property stored, the owner and the occupant are subject to Article 62A.7 RCW (commencing with RCW 62A.7-101) of the uniform commercial code and this chapter does not apply. [1988 c 240 § 18.] 19.150.903 19.150.904 Severability—1988 c 240. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1988 c 240 § 23.] 19.150.904 19.150.130 Owner not obligated to provide insurance. Any insurance protecting the personal property stored within the storage space against fire, theft, or damage is the responsibility of the occupant. The owner is under no obligation to provide insurance. [1988 c 240 § 14.] Sections 19.150.140 Other rights not impaired. Nothing in this chapter may be construed to impair or affect the right of the parties to create additional rights, duties, and obligations which do not conflict with the provisions of this chapter. The rights provided by this chapter shall be in addition to all other 19.154.010 19.154.020 19.154.030 19.154.040 19.154.050 19.154.060 19.154.070 19.154.080 19.150.130 19.150.140 (2008 Ed.) Chapter 19.154 RCW IMMIGRATION ASSISTANT PRACTICES ACT Chapter 19.154 Findings. Definitions. Exemptions. Registration required. Change of address. Nonlegal assistance permitted. Written contract—Requirements—Right to rescind. Prohibited activities. [Title 19 RCW—page 227] 19.154.010 19.154.090 19.154.100 19.154.900 19.154.901 19.154.902 Title 19 RCW: Business Regulations—Miscellaneous Unfair and deceptive act—Unfair method of competition. Penalty. Short title. Severability—1989 c 117. Effective date—1989 c 117. 19.154.010 Findings. The legislature finds and declares that assisting persons regarding immigration matters substantially affects the public interest. The practices of immigration assistants have a significant impact on the residents of the state of Washington. It is the intent of the legislature to establish rules of practice and conduct for immigration assistants to promote honesty and fair dealing with residents and to preserve public confidence. [1989 c 117 § 1.] 19.154.010 19.154.020 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Immigration assistant" means every person who, for compensation or the expectation of compensation, gives nonlegal assistance on an immigration matter. That assistance is limited to: (a) Transcribing responses to a government agency form selected by the customer which is related to an immigration matter, but does not include advising a person as to his or her answers on those forms; (b) Translating a person’s answer to questions posed on those forms; (c) Securing for a person supporting documents currently in existence, such as birth and marriage certificates, which may be needed to submit with those forms; (d) Making referrals to attorneys who could undertake legal representation for a person in an immigration matter. (2) "Immigration matter" means any proceeding, filing, or action affecting the nonimmigrant, immigrant, or citizenship status of any person which arises under immigration and naturalization law, executive order, or presidential proclamation, or which arises under action of the United States immigration and naturalization service, the United States department of labor, or the United States department of state. (3) "Compensation" means money, property, or anything else of value. [1989 c 117 § 2.] 19.154.020 19.154.030 Exemptions. The following persons are exempt from all provisions of this chapter: (1) An attorney licensed to practice law in this state where such attorney renders services in the course of his or her practice as an attorney and a legal intern, as described by court rule, or paralegal employed by and under the direct supervision of such an attorney; (2) A nonprofit corporation or clinic affiliated with a law school in this state that provides immigration consulting services to clients without charge beyond a request for reimbursement of the corporation’s or clinic’s reasonable costs relating to providing immigration services to that client. "Reasonable costs" include, but are not limited to, the costs of photocopying, telephone calls, document requests, and the filing fees for immigration forms. [1989 c 117 § 3.] 19.154.030 19.154.040 Registration required. Any person who wishes to engage in the business of an immigration assistant must register with the secretary of state’s office and provide 19.154.040 [Title 19 RCW—page 228] his or her name, business address, home address, and business and home telephone numbers. [1989 c 117 § 4.] 19.154.050 Change of address. Immigration assistants who have registered must inform the secretary of state of any changes in their name, addresses, or telephone numbers within thirty days of the change. [1989 c 117 § 5.] 19.154.050 19.154.060 Nonlegal assistance permitted. Immigration assistants shall offer or provide only nonlegal assistance in an immigration matter as defined in RCW 19.154.020. [1989 c 117 § 6.] 19.154.060 19.154.070 Written contract—Requirements—Right to rescind. (1) Before providing any assistance, an immigration assistant who has agreed to provide immigration assistance to a customer shall provide the customer with a written contract that includes the following provisions: (a) An explanation of the services to be performed; (b) Identification of all compensation and costs to be charged to the customer for the services to be performed; (c) A statement that documents submitted in support of an application for nonimmigrant, immigrant, or naturalization status may not be retained by the assistant for any purpose, including payment of compensation or costs; (d) A statement that the immigration assistant is not an attorney and may not perform legal services. This statement shall be on the face of the contract in ten-point bold type print; and (e) A statement that the customer has seventy-two hours to rescind the contract. This statement shall be conspicuously set forth in the contract. (2) The written contract shall be stated in both English and in the language of the customer. (3) A copy of the written contract shall be provided to the customer by the immigration assistant upon execution of the contract. (4) A customer has the right to rescind a contract within seventy-two hours of the signing of the contract. (5) Any documents identified in subsection (1)(c) of this section shall be returned upon demand of the customer. [1989 c 117 § 7.] 19.154.070 19.154.080 Prohibited activities. In the course of dealing with customers or prospective customers, an immigration assistant shall not: (1) Make any statement that the immigration assistant can or will obtain special favors from or has special influence with the United States immigration and naturalization service; (2) Retain any compensation for services not performed; (3) Refuse to return documents supplied by, prepared by, or paid for by the customer upon the request of the customer. These documents must be returned upon request even if there is a fee dispute between the immigration assistant and the customer; (4) Represent or advertise, in connection with the provision of immigration assistance, other titles or credentials, including but not limited to "notary public" or "immigration 19.154.080 (2008 Ed.) Commercial Telephone Solicitation consultant" that could cause a customer to believe that the immigration assistant possesses special professional skills; (5) Communicate in any manner, oral or written, that registration under this chapter is an indicator of special skill or expertise or that it allows the person to provide advice on an immigration matter; (6) Give any legal advice concerning an immigration matter. [1989 c 117 § 8.] 19.154.090 Unfair and deceptive act—Unfair method of competition. The legislature finds and declares that any violation of this chapter substantially affects the public interest and is an unfair and deceptive act or practice and unfair method of competition in the conduct of trade or commerce as set forth in RCW 19.86.020. [1989 c 117 § 9.] 19.154.090 19.154.100 Penalty. A violation of this chapter shall be punished as a gross misdemeanor according to chapter 9A.20 RCW. [1989 c 117 § 10.] 19.154.100 19.154.900 Short title. This chapter shall be known and cited as the "immigration assistant practices act." [1989 c 117 § 11.] 19.154.900 19.154.901 Severability—1989 c 117. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1989 c 117 § 14.] 19.154.901 19.154.902 Effective date—1989 c 117. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1989. [1989 c 117 § 15.] 19.154.902 Chapter 19.158 RCW COMMERCIAL TELEPHONE SOLICITATION Chapter 19.158 Sections 19.158.010 19.158.020 19.158.030 19.158.040 19.158.050 19.158.070 19.158.080 19.158.090 19.158.100 19.158.110 19.158.120 19.158.130 19.158.140 19.158.150 19.158.160 19.158.170 19.158.900 19.158.901 Findings. Definitions. Violation an unfair or deceptive act. Unprofessional conduct. Registration requirements—Unprofessional conduct—Suspension of license or certificate for noncompliance with support order—Reinstatement. Appointment of agent to receive process. Duties of director. Injunctive relief—Other applicable law. Requiring payment by credit card prohibited. Commercial telephone solicitor—Duties and prohibited acts— Notice to customers. Cancellation of purchases—Requirements—Notice—Voidable contracts. Damages, costs, attorneys’ fees—Remedies not limited. Civil penalties. Registration required—Penalty. Penalties. Uniform regulation of business and professions act. Severability—1989 c 20. Effective date—1989 c 20. Automatic dialing and announcing devices prohibited: RCW 80.36.400. Commercial and nonprofit telephone solicitation: RCW 80.36.390. (2008 Ed.) 19.158.020 19.158.010 Findings. The use of telephones for commercial solicitation is rapidly increasing. This form of communication offers unique benefits, but entails special risks and poses potential for abuse. The legislature finds that the widespread practice of fraudulent commercial telephone solicitation is a matter vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. For the general welfare of the public and in order to protect the integrity of the telemarketing industry, the commercial use of telephones must be regulated by law. [1989 c 20 § 1.] 19.158.010 19.158.020 Definitions. Unless the context requires otherwise, the definitions in this section apply throughout this chapter. (1) A "commercial telephone solicitor" is any person who engages in commercial telephone solicitation, including service bureaus. (2) "Commercial telephone solicitation" means: (a) An unsolicited telephone call to a person initiated by a salesperson and conversation for the purpose of inducing the person to purchase or invest in property, goods, or services; (b) Other communication with a person where: (i) A free gift, award, or prize is offered to a purchaser who has not previously purchased from the person initiating the communication; and (ii) A telephone call response is invited; and (iii) The salesperson intends to complete a sale or enter into an agreement to purchase during the course of the telephone call; (c) Other communication with a person which misrepresents the price, quality, or availability of property, goods, or services and which invites a response by telephone or which is followed by a call to the person by a salesperson; (d) For purposes of this section, "other communication" means a written or oral notification or advertisement transmitted through any means. (3) A "commercial telephone solicitor" does not include any of the following: (a) A person engaging in commercial telephone solicitation where: (i) The solicitation is an isolated transaction and not done in the course of a pattern of repeated transactions of like nature; or (ii) Less than sixty percent of such person’s prior year’s sales were made as a result of a commercial telephone solicitation as defined in this chapter. Where more than sixty percent of a seller’s prior year’s sales were made as a result of commercial telephone solicitations, the service bureau contracting to provide commercial telephone solicitation services to the seller shall be deemed a commercial telephone solicitor; (b) A person making calls for religious, charitable, political, or other noncommercial purposes; (c) A person soliciting business solely from purchasers who have previously purchased from the business enterprise for which the person is calling; (d) A person soliciting: (i) Without the intent to complete or obtain provisional acceptance of a sale during the telephone solicitation; and 19.158.020 [Title 19 RCW—page 229] 19.158.030 Title 19 RCW: Business Regulations—Miscellaneous (ii) Who does not make the major sales presentation during the telephone solicitation; and (iii) Who only makes the major sales presentation or arranges for the major sales presentation to be made at a later face-to-face meeting between the salesperson and the purchaser; (e) A person selling a security which is exempt from registration under RCW 21.20.310; (f) A person licensed under *RCW 18.85.090 when the solicited transaction is governed by that law; (g) A person registered under RCW 18.27.060 when the solicited transaction is governed by that law; (h) A person licensed under RCW 48.17.150 when the solicited transaction is governed by that law; (i) Any person soliciting the sale of a franchise who is registered under RCW 19.100.140; (j) A person primarily soliciting the sale of a newspaper of general circulation, a magazine or periodical, or contractual plans, including book or record clubs: (i) Under which the seller provides the consumer with a form which the consumer may use to instruct the seller not to ship the offered merchandise; and (ii) which is regulated by the federal trade commission trade regulation concerning "use of negative option plans by sellers in commerce"; (k) Any supervised financial institution or parent, subsidiary, or affiliate thereof. As used in this section, "supervised financial institution" means any commercial bank, trust company, savings and loan association, mutual savings banks, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender, or insurer, provided that the institution is subject to supervision by an official or agency of this state or the United States; (l) A person soliciting the sale of a prearrangement funeral service contract registered under RCW 18.39.240 and 18.39.260; (m) A person licensed to enter into prearrangement contracts under RCW 68.05.155 when acting subject to that license; (n) A person soliciting the sale of services provided by a cable television system operating under authority of a franchise or permit; (o) A person or affiliate of a person whose business is regulated by the utilities and transportation commission or the federal communications commission; (p) A person soliciting the sale of agricultural products, as defined in RCW 20.01.010 where the purchaser is a business; (q) An issuer or subsidiary of an issuer that has a class of securities that is subject to section 12 of the securities exchange act of 1934 (15 U.S.C. Sec. 781) and that is either registered or exempt from registration under paragraph (A), (B), (C), (E), (F), (G), or (H) of subsection (g) of that section; (r) A commodity broker-dealer as defined in RCW 21.30.010 and registered with the commodity futures trading commission; (s) A business-to-business sale where: (i) The purchaser business intends to resell the property or goods purchased, or [Title 19 RCW—page 230] (ii) The purchaser business intends to use the property or goods purchased in a recycling, reuse, remanufacturing or manufacturing process; (t) A person licensed under RCW 19.16.110 when the solicited transaction is governed by that law; (u) A person soliciting the sale of food intended for immediate delivery to and immediate consumption by the purchaser; (v) A person soliciting the sale of food fish or shellfish when that person is licensed pursuant to the provisions of Title 77 RCW. (4) "Purchaser" means a person who is solicited to become or does become obligated to a commercial telephone solicitor. (5) "Salesperson" means any individual employed, appointed, or authorized by a commercial telephone solicitor, whether referred to by the commercial telephone solicitor as an agent, representative, or independent contractor, who attempts to solicit or solicits a sale on behalf of the commercial telephone solicitor. (6) "Service bureau" means a commercial telephone solicitor who contracts with any person to provide commercial telephone solicitation services. (7) "Seller" means any person who contracts with any service bureau to purchase commercial telephone solicitation services. (8) "Person" includes any individual, firm, association, corporation, partnership, joint venture, sole proprietorship, or any other business entity. (9) "Free gift, award, or prize" means a gratuity which the purchaser believes of a value equal to or greater than the value of the specific product, good, or service sought to be sold to the purchaser by the seller. (10) "Solicit" means to initiate contact with a purchaser for the purpose of attempting to sell property, goods or services, where such purchaser has expressed no previous interest in purchasing, investing in, or obtaining information regarding the property, goods, or services attempted to be sold. [2003 c 39 § 12; 1989 c 20 § 3.] *Reviser’s note: RCW 18.85.090 was recodified as RCW 18.85.101 pursuant to 2008 c 23 § 49, effective July 1, 2010. 19.158.030 Violation an unfair or deceptive act. Unfair and deceptive telephone solicitation is not reasonable in relation to the development and preservation of business. A violation of this chapter is an unfair or deceptive act in trade or commerce for the purpose of applying the consumer protection act, chapter 19.86 RCW. [1989 c 20 § 2.] 19.158.030 19.158.040 Unprofessional conduct. In addition to the unprofessional conduct described in RCW 18.235.130, the director of the department of licensing may take disciplinary action for any of the following conduct, acts, or conditions: (1) It shall be unlawful for any person to engage in unfair or deceptive commercial telephone solicitation. (2) A commercial telephone solicitor shall not place calls to any residence which will be received before 8:00 a.m. or after 9:00 p.m. at the purchaser’s local time. (3) A commercial telephone solicitor may not engage in any conduct the natural consequence of which is to harass, 19.158.040 (2008 Ed.) Commercial Telephone Solicitation 19.158.110 intimidate, or torment any person in connection with the telephone call. [2002 c 86 § 284; 1989 c 20 § 4.] Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. Effective dates—2002 c 86: See note following RCW 18.08.340. 19.158.070 Appointment of agent to receive process. Each commercial telephone solicitor shall appoint the director of the department of licensing as an agent to receive civil process under this chapter if the commercial telephone solicitor has no properly registered agent, if the agent has resigned, or if the agent cannot, after reasonable diligence, be found. [1989 c 20 § 7.] Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 19.158.050 Registration requirements—Unprofessional conduct—Suspension of license or certificate for noncompliance with support order—Reinstatement. (1) In order to maintain or defend a lawsuit or do any business in this state, a commercial telephone solicitor must be registered with the department of licensing. Prior to doing business in this state, a commercial telephone solicitor shall register with the department of licensing. Doing business in this state includes both commercial telephone solicitation from a location in Washington and solicitation of purchasers located in Washington. (2) The department of licensing, in registering commercial telephone solicitors, shall have the authority to require the submission of information necessary to assist in identifying and locating a commercial telephone solicitor, including past business history, prior judgments, and such other information as may be useful to purchasers. (3) The department of licensing shall issue a registration number to the commercial telephone solicitor. (4) In addition to the unprofessional conduct described in RCW 18.235.130, the director of the department of licensing may take disciplinary action for any of the following conduct, acts, or conditions: (a) Failing to maintain a valid registration; (b) Advertising that one is registered as a commercial telephone solicitor or representing that such registration constitutes approval or endorsement by any government or governmental office or agency; (c) Representing that a person is registered or that such person has a valid registration number when such person does not. (5) An annual registration fee shall be assessed by the department of licensing, the amount of which shall be determined at the discretion of the director of the department of licensing, and which shall be reasonably related to the cost of administering the provisions of this chapter. (6) The department shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department’s receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order. [2002 c 86 § 285; 1997 c 58 § 853; 1989 c 20 § 5.] 19.158.050 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. (2008 Ed.) 19.158.070 19.158.080 Duties of director. The director of the department of licensing may make rules, create forms, and issue orders as necessary to carry out the provisions of this chapter, pursuant to chapter 34.05 RCW. [1989 c 20 § 8.] 19.158.080 19.158.090 Injunctive relief—Other applicable law. The director of the department of licensing may refer such evidence as may be available concerning violations of this chapter or of any rule or order hereunder to the attorney general or the proper prosecuting attorney, who may in his or her discretion, with or without such a reference, in addition to any other action they might commence, bring an action in the name of the state against any person to restrain and prevent the doing of any act or practice herein prohibited or declared unlawful: PROVIDED, That this chapter shall be considered in conjunction with chapters 9.04 and 19.86 RCW and the powers and duties of the attorney general and the prosecuting attorney as they may appear in chapters 9.04 and 19.86 RCW shall apply against all persons subject to this chapter. [1989 c 20 § 9.] 19.158.090 19.158.100 Requiring payment by credit card prohibited. It is a violation of this chapter for a commercial telephone solicitor to require that payment be by credit card authorization or otherwise to announce a preference for that method of payment over any other for unfair or deceptive reasons. [1989 c 20 § 10.] 19.158.100 19.158.110 Commercial telephone solicitor—Duties and prohibited acts—Notice to customers. (1) Within the first minute of the telephone call, a commercial telephone solicitor or salesperson shall: (a) Identify himself or herself, the company on whose behalf the solicitation is being made, the property, goods, or services being sold; and (b) Terminate the telephone call within ten seconds if the purchaser indicates he or she does not wish to continue the conversation. (2) If at any time during the telephone contact, the purchaser states or indicates that he or she does not wish to be called again by the commercial telephone solicitor or wants to have his or her name and individual telephone number removed from the telephone lists used by the commercial telephone solicitor: (a) The commercial telephone solicitor shall not make any additional commercial telephone solicitation of the called party at that telephone number within a period of at least one year; and (b) The commercial telephone solicitor shall not sell or give the called party’s name and telephone number to another 19.158.110 [Title 19 RCW—page 231] 19.158.120 Title 19 RCW: Business Regulations—Miscellaneous commercial telephone solicitor: PROVIDED, That the commercial telephone solicitor may return the list, including the called party’s name and telephone number, to the company or organization from which it received the list. (3) The utilities and transportation commission shall by rule ensure that telecommunications companies inform their residential customers of the provisions of this section. The notification may be made by: (a) Annual inserts in the billing statements mailed to residential customers; or (b) Conspicuous publication of the notice in the consumer information pages of local telephone directories. (4) If a sale or an agreement to purchase is completed, the commercial telephone solicitor must inform the purchaser of his or her cancellation rights as enunciated in this chapter, state the registration number issued by the department of licensing, and give the street address of the seller. (5) If, at any time prior to sale or agreement to purchase, the commercial telephone solicitor’s registration number is requested by the purchaser, it must be provided. (6) All oral disclosures required by this section shall be made in a clear and intelligible manner. [1989 c 20 § 11.] 19.158.120 Cancellation of purchases—Requirements—Notice—Voidable contracts. (1) A purchase of property, goods, or services ordered as a result of a commercial telephone solicitation as defined in this chapter, if not followed by a written confirmation, is not final. The confirmation must contain an explanation of the consumer’s rights under this section and a statement indicating where notice of cancellation should be sent. The purchaser may give notice of cancellation to the seller in writing within three business days after receipt of the confirmation. If the commercial telephone solicitor has not provided an address for receipt of such notice, cancellation is effective by mailing the notice to the department of licensing. (2) Notice of cancellation shall be given by certified mail, return receipt requested, and shall be effective when mailed. Notice of cancellation given by the purchaser need not take a particular form and is sufficient if it indicates by any form of written expression the name, address, and telephone number of the purchaser and the purchaser’s stated intention not to be bound by the sale. (3) If a commercial telephone solicitor or a seller, if different, violates this chapter in making a sale, or fails to deliver an item within forty-two calendar days, the contract is voidable by giving written notice to the seller and the purchaser is entitled to a return from the seller within fourteen days of all consideration paid. Upon receipt by the purchaser of the consideration paid to the seller, the purchaser shall make available to the seller, at a reasonable time and place, the items received by the purchaser. Any cost of returning the items received by the purchaser shall be borne by the seller, by providing or guaranteeing payment for return shipping. If such payment is not provided or guaranteed, the purchaser may keep without further obligation the items received. (4) Any contract, agreement to purchase, or written confirmation executed by a seller which purports to waive the purchaser’s rights under this chapter is against public policy and shall be unenforceable: PROVIDED, That an agreement between a purchaser and seller to extend the delivery time of 19.158.120 [Title 19 RCW—page 232] an item to more than forty-two days shall be enforceable if the seller has a reasonable basis to expect that he or she will be unable to ship the item within forty-two days and if the agreement is included in the terms of the written confirmation. (5) Where a contract or agreement to purchase confers on a purchaser greater rights to cancellation, refund, or return than those enumerated in this chapter, such contract shall be enforceable, and not in violation of this chapter: PROVIDED, That all rights under such a contract or agreement to purchase must be specifically stated in a written confirmation sent pursuant to this section. (6) The provisions of this section shall not reduce, restrict, or eliminate any existing rights or remedies available to purchasers. [1989 c 20 § 12.] 19.158.130 Damages, costs, attorneys’ fees—Remedies not limited. In addition to any other penalties or remedies under chapter 19.86 RCW, a person who is injured by a violation of this chapter may bring an action for recovery of actual damages, including court costs and attorneys’ fees. No provision in this chapter shall be construed to limit any right or remedy provided under chapter 19.86 RCW. [1989 c 20 § 13.] 19.158.130 19.158.140 Civil penalties. A civil penalty shall be imposed by the court for each violation of this chapter in an amount not less than five hundred dollars nor more than two thousand dollars per violation. [1989 c 20 § 14.] 19.158.140 19.158.150 Registration required—Penalty. No salesperson shall solicit purchasers on behalf of a commercial telephone solicitor who is not currently registered with the department of licensing pursuant to this chapter. Any salesperson who violates this section is guilty of a misdemeanor. [1989 c 20 § 15.] 19.158.150 19.158.160 Penalties. (1) Except as provided in RCW 19.158.150, any person who knowingly violates any provision of this chapter or who knowingly, directly or indirectly employs any device, scheme or artifice to deceive in connection with the offer or sale by any commercial telephone solicitor is guilty of the following: (a) If the value of a transaction made in violation of RCW 19.158.040(1) is less than fifty dollars, the person is guilty of a misdemeanor; (b) If the value of a transaction made in violation of RCW 19.158.040(1) is fifty dollars or more, then the person is guilty of a gross misdemeanor; and (c) If the value of a transaction made in violation of RCW 19.158.040(1) is two hundred fifty dollars or more, then the person is guilty of a class C felony. (2) When any series of transactions which constitute a violation of this section would, when considered separately, constitute a series of misdemeanors or gross misdemeanors because of the value of the transactions, and the series of transactions are part of a common scheme or plan, the transactions may be aggregated in one count and the sum of the value of all the transactions shall be the value considered in determining whether the violations are to be punished as a 19.158.160 (2008 Ed.) Pay-Per-Call Information Delivery Services class C felony or a gross misdemeanor. [2003 c 53 § 160; 1989 c 20 § 16.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 19.158.170 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 286.] 19.158.170 Effective dates—2002 c 86: See note following RCW 18.08.340. Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903. 19.158.900 Severability—1989 c 20. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1989 c 20 § 19.] 19.158.900 19.162.020 19.160.030 Misrepresentation of geographic location—Floral products. No person engaged in the selling, delivery, or solicitation of cut flowers, flower arrangements, or floral products may misrepresent his, her, or its geographic location by: (1) Listing a local telephone number in a local telephone directory if: (a) Calls to the telephone number are routinely forwarded or otherwise transferred to a business location that is outside the calling area covered by the local telephone directory; and (b) The listing fails to conspicuously disclose the locality and state in which the business is located; or (2) Listing a business name in a local telephone directory if: (a) The name misrepresents the business’s geographic location; and (b) The listing fails to disclose the locality and state in which the business is located. [1999 c 156 § 2.] 19.160.030 Chapter 19.162 19.158.901 Effective date—1989 c 20. The effective date of this act shall be January 1, 1990. [1989 c 20 § 20.] 19.158.901 Chapter 19.162 RCW PAY-PER-CALL INFORMATION DELIVERY SERVICES Sections Chapter 19.160 Chapter 19.160 RCW BUSINESS TELEPHONE LISTINGS Sections 19.160.010 19.160.020 19.160.030 Definitions. Finding—Application of consumer protection act. Misrepresentation of geographic location—Floral products. 19.160.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Local telephone directory" means a publication listing telephone numbers for various businesses in a certain geographic area and distributed free of charge to some or all telephone subscribers in that area. (2) "Local telephone number" means a telephone number that can be dialed without incurring long distance charges from telephones located within the area covered by the local telephone directory in which the number is listed. The term does not include long distance numbers, toll-free numbers, or 900 exchange numbers listed in a local telephone directory. (3) "Person" means an individual, partnership, limited liability partnership, corporation, or limited liability corporation. [1999 c 156 § 1.] 19.162.010 19.162.020 19.162.030 19.162.040 19.162.050 19.162.060 19.162.070 Application of consumer protection act—Scope. Definitions. Program message preamble. Advertisement of services. Services directed at children. Nonpayment of charges. Violations—Action for damages. Information delivery services through exclusive number prefix or service access code: RCW 80.36.500. 19.160.010 19.162.010 Application of consumer protection act— Scope. (1) The legislature finds that the deceptive use of payper-call information delivery services is a matter vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. (2) The deceptive use of pay-per-call information delivery services is not reasonable in relation to the development and preservation of business. A violation of this chapter is an unfair or deceptive act in trade or commerce for the purpose of applying the consumer protection act, chapter 19.86 RCW, and constitutes an act of deceptive pay-per-call information delivery service. (3) This chapter applies to a communication made by a person in Washington or to a person in Washington. [1991 c 191 § 1.] 19.162.010 19.162.020 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Person" means an individual, corporation, the state or its subdivisions or agencies, business trust, estate, trust, partnership, association, cooperative, or any other legal entity. (2) "Information delivery services" means telephonerecorded messages, interactive programs, or other information services that are provided for a charge to a caller through an exclusive telephone number prefix or service access code. 19.162.020 19.160.020 Finding—Application of consumer protection act. The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Violations of this chapter are not reasonable in relation to the development and preservation of business. A violation of this chapter is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW. [1999 c 156 § 3.] 19.160.020 (2008 Ed.) [Title 19 RCW—page 233] 19.162.030 Title 19 RCW: Business Regulations—Miscellaneous (3) "Information provider" means the person who provides the information, prerecorded message, or interactive program for the information delivery service. The information provider generally receives a portion of the revenue from the calls. "Information provider" does not include the medium for advertising information delivery services. (4) "Interactive program" means a program that allows an information delivery service caller, once connected to the information provider’s delivery service, to use the caller’s telephone device to access more specific information or further information or to talk to other callers during the call. (5) "Telecommunications company" includes every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court whatsoever, and every city or town owning, operating, or managing any facilities used to provide telecommunications for hire, sale, or resale to the general public within the state of Washington. (6) "Interexchange carrier" means a carrier providing transmissions between local access and transport areas interstate or intrastate. (7) "Billing services" means billing and collection services provided to information providers whether by the local exchange company or the interexchange carrier. (8) "Program message" means the information that a caller hears or receives upon placing a call to an information provider. (9) "Advertisement" includes all radio, television, or other broadcast, video, newspaper, magazine, or publication, billboard, direct mail, print media, telemarketing, or any promotion of an information delivery service, program, or number, and includes brochures, pamphlets, fliers, coupons, promotions, or the labeling of products or in-store communications circulated or distributed in any manner whatsoever. "Advertisement" does not include any listing in a white page telephone directory. In a yellow page telephone directory, "advertisement" includes only yellow page display advertising. (10) "Subscriber" means the person in whose name an account is billed. (11) "Does business in Washington" includes providing information delivery services to Washington citizens, advertising information delivery services in Washington, entering into a contract for billing services in Washington, entering into a contract in Washington with a telecommunications company or interexchange carrier for transmission services, or having a principal place of business in Washington. [1991 c 191 § 2.] 19.162.030 Program message preamble. (1) An information provider that does business in Washington must include a preamble in all program messages for: (a) Programs costing more than five dollars per minute; or (b) Programs having a total potential cost of greater than ten dollars. (2) The preamble must: (a) Accurately describe the service that will be provided by the program; (b) Advise the caller of the price of the call, including: (i) Any per minute charge; 19.162.030 [Title 19 RCW—page 234] (ii) Any flat rate charge; and (iii) Any minimum charge; (c) State that billing will begin shortly after the end of the introductory message; and (d) Be clearly articulated, at a volume equal to that of the program message, in plain English or the language used to promote the information delivery service, and spoken in a normal cadence. (3) Mechanisms that provide for the option of bypassing the preamble are only permitted when: (a) The caller has made use of the information provider’s service in the past, at which time the preamble required by this section was part of the program message; and (b) The cost of the call has not changed during the thirtyday period before the call. (4) When an information provider’s program message consists of a polling application that permits the caller to register an opinion or vote on a matter by completing a call, this section does not apply. [1991 c 191 § 3.] 19.162.040 Advertisement of services. An information provider that does business in Washington shall comply with the following provisions in its advertisement of information delivery services: (1) Advertisements for information delivery services that are broadcast by radio or television, contained in home videos, or that appear on movie screens must include a voiceover announcement that is clearly audible and articulates the price of the service provided. The announcement must be made at a volume equal to that used to announce the telephone number, spoken in a normal cadence, and in plain English or the language used in the advertisement. (2) Advertisements for information delivery services that are broadcast by television, contained in home videos, or that appear on movie screens must include, in clearly visible letters and numbers, the cost of calling the advertised number. This visual disclosure of the cost of the call must be displayed adjacent to the number to be called whenever the number is shown in the advertisement, and the lettering of the visual disclosure of the cost must be in the same size and typeface as that of the number to be called. (3)(a) Except as otherwise provided in (b) of this subsection, advertisements for information delivery services that appear in print must include, in clearly visible letters and numbers, the cost of calling the advertised number. The printed disclosure of the cost of the call must be displayed adjacent to the number to be called wherever the number is shown in the advertisement. (b) In telephone directory yellow page display advertising and in printed materials published not more than three times a year, instead of disclosing the cost of the service, advertisements for information delivery services, shall include the conspicuous disclosure that the call is a pay-percall service. (4) The advertised price or cost of the information delivery service must include: (a) Any per minute charge; (b) Any flat rate charge; and (c) Any minimum charge. [1991 c 191 § 4.] 19.162.040 (2008 Ed.) International Student Exchange 19.162.050 19.162.050 Services directed at children. An information provider that does business in the state of Washington shall not direct information delivery services to children under the age of twelve years unless the information provider complies with the following provisions: (1) Interactive calls where children under the age of twelve years can speak to other children under the age of twelve years are prohibited. (2) Programs directed to children under the age of twelve where the children are asked to provide their names, addresses, telephone numbers, or other identifying information are prohibited. (3) Advertisements for information delivery services that are directed to children under the age of twelve years must contain a visual disclosure that clearly and conspicuously in the case of print and broadcast advertising, and audibly in the case of broadcast advertising, states that children under the age of twelve years must obtain parental consent before placing a call to the advertised number. (4) Program messages that encourage children under the age of twelve years to make increased numbers of calls in order to obtain progressively more valuable prizes, awards, or similarly denominated items are prohibited. (5) Advertisements for information delivery services that are directed to children under the age of twelve years must contain, in age-appropriate language, an accurate description of the services being provided. In the case of print advertising, the information must be clear and conspicuous and in the case of broadcast advertising, it must be visually displayed clearly and conspicuously and verbally disclosed in an audible, clearly articulated manner. (6) Program messages that are directed to children under the age of twelve years that employ broadcast advertising where an electronic tone signal is emitted during the broadcast of the advertisement that automatically dials the program message are prohibited. [1991 c 191 § 5.] 19.162.060 19.162.060 Nonpayment of charges. An information provider’s failure to substantially comply with any of the provisions of RCW 19.162.030 through 19.162.050 is a defense to the nonpayment of charges accrued as a result of using the information provider’s services, billed by any entity, including but not limited to telecommunications companies and interexchange carriers. [1991 c 191 § 6.] 19.162.070 19.162.070 Violations—Action for damages. A person who suffers damage from a violation of this chapter may bring an action against an information provider. In an action alleging a violation of this chapter, the court may award the greater of three times the actual damages sustained by the person or five hundred dollars; equitable relief, including but not limited to an injunction and restitution of money and property; attorneys’ fees and costs; and any other relief that the court deems proper. For purposes of this section, a telecommunications company or interexchange carrier is a person. [1991 c 191 § 7.] (2008 Ed.) 19.166.030 Chapter 19.166 RCW INTERNATIONAL STUDENT EXCHANGE Chapter 19.166 Sections 19.166.010 19.166.020 19.166.030 19.166.040 19.166.050 19.166.060 19.166.070 19.166.080 19.166.090 19.166.100 19.166.900 19.166.901 Intent. Definitions. Organization registration. Organization application for registration—Suspension of license or certificate for noncompliance with support order—Reinstatement. Standards. Rules—Fee. Informational document. Complaints. Violations—Misdemeanor. Violations—Consumer protection act. Severability—1991 c 128. Effective date—1991 c 128. 19.166.010 Intent. It is the intent of the legislature to: (1) Promote the health, safety, and welfare of international student exchange visitors in Washington in accordance with uniform national standards; (2) Promote quality education and living experiences for international student exchange visitors living in Washington; (3) Promote international awareness among Washington residents, by encouraging Washington residents to interact with international student exchange visitors; (4) Encourage public confidence in international student exchange visitor placement organizations operating in Washington; (5) Encourage and assist with compliance with United States information agency regulations and nationally established standards; and (6) Promote the existence and quality of international student visitor exchange programs operating in Washington. [1991 c 128 § 1.] 19.166.010 19.166.020 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "International student exchange visitor placement organization" or "organization" means a person, partnership, corporation, or other entity that regularly arranges the placement of international student exchange visitors for the purpose, in whole or in part, of allowing the student an opportunity to attend school in the United States. (2) "International student exchange visitor" or "student" means any person eighteen years of age or under, or up to age twenty-one if enrolled or to be enrolled in high school in this state, placed by an international student exchange visitor placement organization, who enters the United States with a nonimmigrant visa. [1991 c 128 § 2.] 19.166.020 19.166.030 Organization registration. (1) All international student exchange visitor placement organizations that place students in public schools in the state shall register with the secretary of state. (2) Failure to register is a violation of this chapter. (3) Information provided to the secretary of state under this chapter is a public record. (4) Registration shall not be considered or be represented as an endorsement of the organization by the secretary of state or the state of Washington. 19.166.030 [Title 19 RCW—page 235] 19.166.040 Title 19 RCW: Business Regulations—Miscellaneous (5) On a date established by rule by the secretary of state, the secretary of state shall provide annually to the superintendent of public instruction a list of all currently registered international student placement organizations. The superintendent of public instruction shall distribute annually the list of all currently registered international student placement organizations to all Washington state school districts. [1995 c 60 § 1; 1991 c 128 § 3.] vices to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320. 19.166.040 Organization application for registration—Suspension of license or certificate for noncompliance with support order—Reinstatement. (1) An application for registration as an international student exchange visitor placement organization shall be submitted in the form prescribed by the secretary of state. The application shall include: (a) Evidence that the organization meets the standards established by the secretary of state under RCW 19.166.050; (b) The name, address, and telephone number of the organization, its chief executive officer, and the person within the organization who has primary responsibility for supervising placements within the state; (c) The organization’s unified business identification number, if any; (d) The organization’s United States Information Agency number, if any; (e) Evidence of council on standards for international educational travel listing, if any; (f) Whether the organization is exempt from federal income tax; and (g) A list of the organization’s placements in Washington for the previous academic year including the number of students placed, their home countries, the school districts in which they were placed, and the length of their placements. (2) The application shall be signed by the chief executive officer of the organization and the person within the organization who has primary responsibility for supervising placements within Washington. If the secretary of state determines that the application is complete, the secretary of state shall file the application and the applicant is registered. (3) International student exchange visitor placement organizations that have registered shall inform the secretary of state of any changes in the information required under subsection (1) of this section within thirty days of the change. (4) Registration shall be renewed annually as established by rule by the office of the secretary of state. (5) The office of the secretary of state shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the office of the secretary of state’s receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order. [1997 c 58 § 854; 1995 c 60 § 2; 1991 c 128 § 5.] 19.166.050 Standards. The secretary of state shall adopt standards for international student exchange visitor placement organizations. In adopting the standards, the secretary of state shall strive to adopt standards established by the United States Information Agency and the council on standards for international educational travel and strive to achieve uniformity with national standards. The secretary of state may incorporate standards established by the United States Information Agency or the council on standards for international educational travel by reference and may accept an organization’s designation by the United States Information Agency or acceptance for listing by the council on standards for international educational travel as evidence of compliance with such standards. [1991 c 128 § 4.] 19.166.040 *Reviser’s note: 1997 c 58 § 887 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health ser[Title 19 RCW—page 236] Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 19.166.050 19.166.060 Rules—Fee. The secretary of state may adopt rules as necessary to carry out its duties under this chapter. The rules may include providing for a reasonable registration fee, not to exceed fifty dollars, to defray the costs of processing registrations. [1991 c 128 § 6.] 19.166.060 19.166.070 Informational document. International student exchange organizations that have agreed to provide services to place students in the state shall provide an informational document, in English, to each student, host family, and superintendent of the school district in which the student is being placed. The document shall be provided before placement and shall include the following: (1) An explanation of the services to be performed by the organization for the student, host family, and school district; (2) A summary of this chapter prepared by the secretary of state; (3) Telephone numbers that the student, host family, and school district may call for assistance. The telephone numbers shall include, at minimum, an in-state telephone number for the organization, and the telephone numbers of the organization’s national headquarters, if any, the United States Information Agency, and the office of the secretary of state. [1991 c 128 § 7.] 19.166.070 19.166.080 Complaints. The secretary of state may, upon receipt of a complaint regarding an international student exchange organization, report the matter to the organization involved, the United States Information Agency, or the council on standards for international education travel, as he or she deems appropriate. [1991 c 128 § 8.] 19.166.080 19.166.090 Violations—Misdemeanor. Any person who violates any provision of this chapter or who willfully and knowingly gives false or incorrect information to the secretary of state, attorney general, or county prosecuting attor19.166.090 (2008 Ed.) Promotional Advertising of Prizes ney in filing statements required by this chapter, whether or not such statement or report is verified, is guilty of a misdemeanor punishable under chapter 9A.20 RCW. [2000 c 171 § 75; 1991 c 128 § 9.] 19.166.100 Violations—Consumer protection act. The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Violations of this chapter are not reasonable in relation to the development and preservation of business. A violation of this chapter is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW. [1991 c 128 § 10.] 19.166.100 19.166.900 Severability—1991 c 128. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1991 c 128 § 16.] 19.166.900 19.166.901 Effective date—1991 c 128. Sections 1 through 11 and 13 through 16 of this act shall take effect January 1, 1992. [1991 c 128 § 17.] 19.166.901 Chapter 19.170 RCW PROMOTIONAL ADVERTISING OF PRIZES Chapter 19.170 Sections 19.170.010 19.170.020 19.170.030 19.170.040 19.170.050 19.170.060 19.170.070 19.170.080 19.170.900 Finding—Violations—Consumer protection act—Application. Definitions. Disclosures required. Disclosures—Prizes awarded—Rain checks. Simulated checks—Continuing obligation checks—Notice. Damages—Penalties. Violation—Penalty. Remedies not exclusive. Severability—1991 c 227. 19.170.010 Finding—Violations—Consumer protection act—Application. (1) The legislature finds that deceptive promotional advertising of prizes is a matter vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. (2) Deceptive promotional advertising of prizes is not reasonable in relation to the development and preservation of business. A violation of this chapter is an unfair or deceptive act in trade or commerce for the purpose of applying the consumer protection act, chapter 19.86 RCW, and constitutes an act of deceptive promotional advertising. (3) This chapter applies to a promotion offer: (a) Made to a person in Washington; (b) Used to induce or invite a person to come to the state of Washington to claim a prize, attend a sales presentation, meet a promoter, sponsor, salesperson, or their agent, or conduct any business in this state; or (c) Used to induce or invite a person to contact by any means a promoter, sponsor, salesperson, or their agent in this state. [1991 c 227 § 1.] 19.170.010 (2008 Ed.) 19.170.020 19.170.020 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Person" means an individual, corporation, the state or its subdivisions or agencies, business trust, estate, trust, partnership, association, cooperative, or any other legal entity. (2) "Prize" means a gift, award, travel coupon or certificate, free item, or any other item offered in a promotion that is different and distinct from the goods, service, or property promoted by a sponsor. "Prize" does not include an item offered in a promotion where all of the following elements are present: (a) No element of chance is involved in obtaining the item offered in the promotion; (b) The recipient has the right to review the merchandise offered for sale without obligation for at least seven days, and has a right to obtain a full refund in thirty days for the return of undamaged merchandise; (c) The recipient may keep the item offered in the promotion without obligation; and (d) The recipient is not required to attend any sales presentation or spend any sum in order to receive the item offered in the promotion. (3) "Promoter" means a person conducting a promotion. (4) "Promotion" means an advertising program, sweepstakes, contest, direct giveaway, or solicitation directed to specific named individuals, that includes the award of or chance to be awarded a prize. (5) "Offer" means a written notice delivered by hand, mail, or other print medium offering goods, services, or property made as part of a promotion to a person based on a representation that the person has been awarded, or will be awarded, a prize. (6) "Sponsor" means a person on whose behalf a promotion is conducted to promote or advertise goods, services, or property of that person. (7) "Simulated check" means a document that is not currency or a check, draft, note, bond, or other negotiable instrument but has the visual characteristics thereof. "Simulated check" does not include a nonnegotiable check, draft, note, or other instrument that is used for soliciting orders for the purchase of checks, drafts, notes, bonds, or other instruments and that is clearly marked as a sample, specimen, or nonnegotiable. (8) "Continuing obligation check" means a document that is a check, draft, note, bond, or other negotiable instrument that, when cashed, deposited, or otherwise used, imposes on the payee an obligation to enter into a loan transaction. This definition does not include checks, drafts, or other negotiable instruments that are used by consumers to take advances on revolving loans, credit cards, or revolving credit accounts. (9) "Verifiable retail value" means: (a) A price at which a promoter or sponsor can demonstrate that a substantial number of prizes have been sold at retail in the local market by a person other than the promoter or sponsor; or (b) If the prize is not available for retail sale in the local market, the retail fair market value in the local market of an 19.170.020 [Title 19 RCW—page 237] 19.170.030 Title 19 RCW: Business Regulations—Miscellaneous item substantially similar in each significant aspect, including size, grade, quality, quantity, ingredients, and utility; or (c) If the value of the prize cannot be established under (a) or (b) of this subsection, then the prize may be valued at no more than three times its cost to the promoter or sponsor. (10) "Financial institution" means any bank, trust company, savings bank, savings and loan association, credit union, industrial loan company, or consumer finance lender subject to regulation by an official agency of this state or the United States, and any subsidiary or affiliate thereof. [1991 c 227 § 2.] 19.170.030 Disclosures required. (1) The offer must identify the name and address of the promoter and the sponsor of the promotion. (2) The offer must state the verifiable retail value of each prize offered in it. (3)(a) If an element of chance is involved, each offer must state the odds the participant has of being awarded each prize. The odds must be expressed in Arabic numerals, in ratio form, based on the total number of prizes to be awarded and the total number of offers distributed. (b) If the promotion identified in the offer is part of a collective promotion with more than one participating sponsor, that fact must be clearly and conspicuously disclosed. (c) The odds must be stated in a manner that will not deceive or mislead a person about that person’s chance of being awarded a prize. (4) The verifiable retail value and odds for each prize must be stated in immediate proximity on the same page with the first listing of each prize in type at least as large as the typeface used in the standard text of the offer. (5) If a person is required or invited to view, hear, or attend a sales presentation in order to claim a prize that has been awarded, may have been awarded, or will be awarded, the requirement or invitation must be conspicuously disclosed under subsection (7) of this section to the person in the offer in bold-face type at least as large as the typeface used in the standard text of the offer. (6) No item in an offer may be denominated a prize, gift, award, premium, or similar term that implies the item is free if, in order to receive the item or use the item for its intended purpose the intended recipient is required to spend any sum of money, including but not limited to shipping fees, deposits, handling fees, payment for one item in order to receive another at no charge, or the purchase of another item or the expenditure of funds in order to make meaningful use of the item awarded in the promotion. The payment of any applicable state or federal taxes by a recipient directly to a government entity is not a violation of this section. (7) If the receipt of the prize is contingent upon certain restrictions or qualifications that the recipient must meet, or if the use or availability of the prize is restricted or qualified in any way, including, but not limited to restrictions on travel dates, travel times, classes of travel, airlines, accommodations, travel agents, or tour operators, the restrictions or qualifications must be disclosed on the offer in immediate proximity on the same page with the first listing of the prize in type at least as large as the typeface used in the standard text of the offer or, in place thereof, the following statement printed in direct proximity to the prize or prizes awarded in 19.170.030 [Title 19 RCW—page 238] type at least as large as the typeface used in the standard text of the offer: "Details and qualifications for participation in this promotion may apply." This statement must be followed by a disclosure, in the same size type as the statement, indicating where in the offer the restrictions may be found. The restrictions must be printed in type at least as large as the typeface used in the standard text of the offer. (8) If a prize will not be awarded or given unless a winning ticket, the offer itself, a token, number, lot, or other device used to determine winners in a particular promotion is presented to a promoter or a sponsor, this fact must be clearly stated on the first page of the offer. [1999 c 31 § 1; 1991 c 227 § 3.] 19.170.040 Disclosures—Prizes awarded—Rain checks. (1) Before a demonstration, seminar, or sales presentation begins, the promoter shall inform the person of the prize, if any, the person will receive. (2) A prize or a voucher, certificate, or other evidence of obligation given instead of a prize shall be given to a person at the time the person is informed of the prize, if any, the person will receive. (3) A copy of the offer shall be returned to the person receiving the prize at the time the prize is awarded. (4) It is a violation of this chapter for a promoter or sponsor to include a prize in an offer when the promoter or sponsor knows or has reason to know that the prize will not be available in a sufficient quantity based upon the reasonably anticipated response to the offer. (5)(a) If the prize is not available for immediate delivery to the recipient, the recipient shall be given, at the promoter or sponsor’s option, a rain check for the prize, the verifiable retail value of the prize in cash, or a substitute item of equal or greater verifiable retail value. (b) If the rain check cannot be honored within thirty days, the promoter or sponsor shall mail to the person a valid check or money order for the verifiable retail value of the prize described in this chapter. (6) A sponsor shall fulfill the rain check within thirty days if the person named as being responsible fails to honor it. (7) The offer shall contain the following clear and conspicuous statement of recipients’ rights printed in type at least as large as the typeface used in the standard text of the offer: 19.170.040 "If you receive a rain check in lieu of the prize, you are entitled by law to receive the prize, an item of equal or greater value, or the cash equivalent of the offered prize within thirty days of the date on which you claimed the prize." (8) It is a violation of this chapter to misrepresent the quality, type, value, or availability of a prize. [1991 c 227 § 4.] 19.170.050 Simulated checks—Continuing obligation checks—Notice. (1) No person may produce, advertise, 19.170.050 (2008 Ed.) Automated Teller Machines and Night Depositories Security offer for sale, sell, distribute, or otherwise transfer for use in this state a simulated check unless the document bears the phrase "THIS IS NOT A CHECK," diagonally printed in type at least as large as the predominant typeface in the simulated check on the front of the check itself. (2) No person, other than a financial institution, may produce, advertise, offer for sale, sell, distribute, or otherwise transfer for use in this state a continuing obligation check unless the document bears the phrase "THIS IS A LOAN" or "CASHING THIS REQUIRES REPAYMENT," diagonally printed in type at least as large as the predominant typeface in the continuing obligation check on the front of the check itself. [1991 c 227 § 5.] 19.170.060 Damages—Penalties. (1) A person who suffers damage from an act of deceptive promotional advertising may bring an action against the sponsor or promoter of the advertising, or both. Damages include, but are not limited to, fees paid in violation of RCW 19.170.030(6) and the dollar value of a prize represented to be awarded to a person, but not received by that person. (2) In an action for deceptive promotional advertising, the court may award the greater of five hundred dollars or three times the actual damages sustained by the person, not to exceed ten thousand dollars; equitable relief, including, but not limited to an injunction and restitution of money and property; attorneys’ fees and costs; and any other relief that the court deems proper. [1991 c 227 § 6.] 19.170.060 19.170.070 Violation—Penalty. A person who knowingly violates any provision of this chapter is guilty of a gross misdemeanor. [1991 c 227 § 7.] 19.170.070 19.170.080 Remedies not exclusive. The remedies prescribed in this chapter do not limit or bar any existing remedies at law or equity. [1991 c 227 § 8.] 19.170.080 19.170.900 Severability—1991 c 227. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1991 c 227 § 11.] 19.170.900 Chapter 19.174 RCW AUTOMATED TELLER MACHINES AND NIGHT DEPOSITORIES SECURITY Chapter 19.174 Sections 19.174.010 19.174.020 19.174.030 19.174.040 19.174.050 19.174.060 19.174.070 19.174.080 19.174.090 19.174.900 Intent. Definitions. Safety procedures—Requirements. Lighting requirements—Compliance. Lighting requirements. Notice to customer. Exceptions. Chapter supersedes local government actions. Compliance evidence of adequate safety measures. Effective date—1993 c 324. 19.174.010 Intent. The intent of the legislature in enacting this chapter is to enhance the safety of consumers using automated teller machines and night deposit facilities 19.174.010 (2008 Ed.) 19.174.020 in Washington without discouraging the siting of automated teller machines and night deposit facilities in locations convenient to consumers’ homes and workplaces. Because decisions concerning safety at automated teller machines and night deposit facilities are inherently subjective, the legislature establishes as the standard of care applicable to operators of automated teller machines and night deposit facilities, in connection with user safety, compliance with the objective standards and information requirements of this chapter. It is not the intent of the legislature in enacting this chapter to impose a duty to relocate or modify automated teller machines or night deposit facilities upon the occurrence of a particular event or circumstance, but rather to establish a means for the evaluation of all automated teller machines and night deposit facilities as provided in this chapter. The legislature further recognizes the need for uniformity as to the establishment of safety standards for automated teller machines and night deposit facilities and intends with this chapter to supersede and preempt a rule, regulation, code, or ordinance of a city, county, municipality, or local agency regarding customer safety at automated teller machines and night deposit facilities in Washington. [1993 c 324 § 2.] 19.174.020 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Access area" means a paved walkway or sidewalk that is within fifty feet of an automated teller machine or night deposit facility. "Access area" does not include publicly maintained sidewalks or roads. (2) "Access device" means: (a) "Access device" as defined in federal reserve board Regulation E, 12 C.F.R. Part 205, promulgated under the Electronic Fund Transfer Act, 15 U.S.C. Sec. 1601, et seq.; or (b) A key or other mechanism issued by a banking institution to its customer to give the customer access to the banking institution’s night deposit facility. (3) "Automated teller machine" means an electronic information processing device located in this state that accepts or dispenses cash in connection with a credit, deposit, or convenience account. "Automated teller machine" does not include a device used primarily to facilitate check guarantees or check authorizations, used in connection with the acceptance or dispensing of cash on a person-to-person basis such as by a store cashier, or used for payment of goods and services. (4) "Banking institution" means a state or federally chartered bank, trust company, savings bank, savings and loan association, and credit union. (5) "Candle-foot power" means a light intensity of candles on a horizontal plane at thirty-six inches above ground level and five feet in front of the area to be measured. (6) "Control of an access area or defined parking area" means to have the present authority to determine how, when, and by whom it is to be used, and how it is to be maintained, lighted, and landscaped. (7) "Defined parking area" means that portion of a parking area open for customer parking that is: (a) Contiguous to an access area with respect to an automated teller machine or night deposit facility; 19.174.020 [Title 19 RCW—page 239] 19.174.030 Title 19 RCW: Business Regulations—Miscellaneous (b) Regularly, principally, and lawfully used for parking by users of the automated teller machine or night deposit facility while conducting transactions during hours of darkness; and (c) Owned or leased by the operator of the automated teller machine or night deposit facility or owned or controlled by the party leasing the automated teller machine or night deposit facility site to the operator. "Defined parking area" does not include a parking area that is not open or regularly used for parking by users of the automated teller machine or night deposit facility who are conducting transactions during hours of darkness. A parking area is not open if it is physically closed to access or if conspicuous signs indicate that it is closed. If a multiple level parking area satisfies the conditions of this subsection (7)(c) and would therefore otherwise be a defined parking area, only the single parking level deemed by the operator of the automated teller machine and night deposit facility to be the most directly accessible to the users of the automated teller machine and night deposit facility is a defined parking area. (8) "Hours of darkness" means the period that commences thirty minutes after sunset and ends thirty minutes before sunrise. (9) "Night deposit facility" means a receptacle that is provided by a banking institution for the use of its customers in delivering cash, checks, and other items to the banking institution. (10) "Operator" means a banking institution or other business entity or a person who operates an automated teller machine or night deposit facility. [2000 c 171 § 76; 1993 c 324 § 1.] 19.174.030 Safety procedures—Requirements. On or before July 1, 1994, with respect to an existing installed automated teller machine and night deposit facility in this state, and an automated teller machine or night deposit facility installed after July 1, 1994, the operator shall adopt procedures for evaluating the safety of the automated teller machine or night deposit facility. These procedures must pertain to the following: (1) The extent to which the lighting for the automated teller machine or night deposit facility complies or will comply with the standards required by RCW 19.174.050; (2) The presence of landscaping, vegetation, or other obstructions in the area of the automated teller machine or night deposit facility, the access area, and the defined parking area; and (3) The incidence of crimes of violence in the immediate neighborhood of the automated teller machine or night deposit facility, as reflected in the records of the local law enforcement agency and of which the operator has actual knowledge. [1993 c 324 § 3.] 19.174.030 19.174.040 Lighting requirements—Compliance. (1) An operator of an automated teller machine or night deposit facility installed on or after July 1, 1994, shall comply with RCW 19.174.050 beginning on the date the automated teller machine or night deposit facility is installed. Compliance with RCW 19.174.050 by an operator as to an automated teller machine and night deposit facility existing as of July 1, 19.174.040 [Title 19 RCW—page 240] 1994, is optional until July 1, 1996, and mandatory thereafter. This section applies to an operator of an automated teller machine or night deposit facility only to the extent that the operator controls the access area or defined parking area to be lighted. (2) If an access area or a defined parking area is not controlled by the operator of an automated teller machine or night deposit facility, and if the person who leased the automated teller machine or night deposit facility site to the operator controls the access area or defined parking area, the person who controls the access area or defined parking area shall comply with RCW 19.174.050 for an automated teller machine or night deposit facility installed on or after July 1, 1994, beginning on the date the automated teller machine or night deposit facility is installed and for an automated teller machine or night deposit facility existing as of July 1, 1994, by or on July 1, 1996. [1993 c 324 § 4.] 19.174.050 Lighting requirements. The operator, owner, or other person responsible for an automated teller machine or night deposit facility shall provide lighting during hours of darkness with respect to an open and operating automated teller machine or night deposit facility and a defined parking area, access area, and the exterior of an enclosed automated teller machine or night deposit facility installation according to the following standards: (1) There must be a minimum of ten candle-foot power at the face of the automated teller machine or night deposit facility and extending in an unobstructed direction outward five feet; (2) There must be a minimum of two candle-foot power within fifty feet from all unobstructed directions from the face of the automated teller machine or night deposit facility. In the event the automated teller machine or night deposit facility is located within ten feet of the corner of the building and the automated teller machine or night deposit facility is generally accessible from the adjacent side, there must be a minimum of two candle-foot power along the first forty unobstructed feet of the adjacent side of the building; and (3) There must be a minimum of two candle-foot power in that portion of the defined parking area within fifty feet of the automated teller machine or night deposit facility. [1993 c 324 § 5.] 19.174.050 19.174.060 Notice to customer. The issuer of an access device shall furnish a customer receiving the device with a notice of basic safety precautions that the customer should employ while using an automated teller machine or night deposit facility. This information must be furnished by personally delivering or by mailing the information to each customer whose mailing address is in this state for the account to which the access device relates. This information must be furnished for an access device issued on or after July 1, 1994, at or before the time the customer is furnished with his or her access device. For a customer to whom an access device was issued before July 1, 1994, the information must be delivered or mailed to the customer on or before December 31, 1994. Only one notice must be furnished per household, and if an access device is furnished to more than one customer for a single account or set of accounts or on the basis of a single 19.174.060 (2008 Ed.) Going Out of Business Sales application or other request for the access devices, only a single notice must be furnished in satisfaction of the notification responsibilities as to all those customers. The information may be included with other disclosures related to the access device furnished to the customer, such as with an initial or periodic disclosure statement furnished under the Electronic Fund Transfer Act, 15 U.S.C. Sec. 1601, et seq. [1993 c 324 § 6.] 19.174.070 Exceptions. This chapter does not apply to an automated teller machine or night deposit facility that is: (1) Located inside of a building, unless it is a freestanding installation that exists for the sole purpose of providing an enclosure for the automated teller machine or night deposit facility; (2) Located inside a building, except to the extent a transaction can be conducted from outside the building; or (3) Located in an area, including an access area, building, enclosed space, or parking area that is not controlled by the operator. [1993 c 324 § 7.] 19.174.070 19.174.080 Chapter supersedes local government actions. This chapter supersedes and preempts all rules, regulations, codes, statutes, or ordinances of all cities, counties, municipalities, and local agencies regarding customer safety at automated teller machines or night deposit facilities located in this state. [1993 c 324 § 8.] 19.174.080 19.174.090 Compliance evidence of adequate safety measures. Compliance with the objective standards and information requirements of this chapter is prima facie evidence that the operator of the automated teller machine or night deposit facility in question has provided adequate measures for the safety of users of the automated teller machine or night depository. [1993 c 324 § 9.] 19.174.090 19.174.900 Effective date—1993 c 324. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 12, 1993]. [1993 c 324 § 15.] 19.174.900 Chapter 19.178 Chapter 19.178 RCW GOING OUT OF BUSINESS SALES Sections 19.178.010 19.178.020 19.178.030 19.178.040 19.178.050 19.178.060 19.178.070 19.178.080 19.178.090 19.178.100 19.178.110 19.178.120 19.178.130 (2008 Ed.) Definitions. Notice—Recording—Display—Service on attorney general. Notice—Recording—Procedure. Inventory list—Compilation of purchase orders. Business identification number—Ownership interest purposes limited—Application of consumer protection act. Time limit. Merchandise—Consigned or not owned by seller—Transfer— Additional. Continuing business prohibited—Exception. Means for continuation of closing business location prohibited. Advertising—Moving sale. Violations—Application of consumer protection act. Violation—False or incorrect notice—Penalty. Proceedings instituted by attorney general or prosecuting attorney. 19.178.140 19.178.900 19.178.901 19.178.030 State preemption. Application of chapter—Exceptions. Severability—1993 c 456. 19.178.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Affiliated business" means a business or business location that is directly or indirectly controlled by or under common control with the business location or locations listed in the notice of the sale or that has a common ownership interest in the merchandise to be sold with the business location or locations listed in the notice of the sale. (2) "Going out of business sale" means a sale or auction advertised or held out to the public as the disposal of merchandise in anticipation of cessation of business. This includes but is not limited to a sale or auction advertised or held out to the public as a "going out of business sale," a "closing out sale," a "quitting business sale," a "loss of lease sale," a "must vacate sale," a "liquidation sale," a "bankruptcy sale," a "sale to prevent bankruptcy," or another description suggesting price reduction due to the imminent closure of the business. (3) "Merchandise" means goods, wares, or other property or services capable of being the object of a sale regulated under this chapter. (4) "Moving sale" means a sale or auction advertised or held out to the public in anticipation of a relocation of the business to within a thirty-mile radius of its existing location. (5) "Person" means, where applicable, natural persons, corporations, trusts, unincorporated associations, partnerships, or other legal entities. [1993 c 456 § 2.] 19.178.010 19.178.020 Notice—Recording—Display—Service on attorney general. (1) It is unlawful for a person to sell, offer for sale, or advertise for sale merchandise at a going out of business sale without first recording a notice of the going out of business sale and executing an affidavit of inventory under this chapter. (2) The notice of the sale must be displayed in a prominent place on the premises where a going out of business sale is being conducted. (3) Where a going out of business sale is part of a bankruptcy, receivership, or other court-ordered action, a person required by this chapter to record a notice of the sale shall serve a copy of the petition, motion, proposed order, or other pleading requesting court approval of the sale on the attorney general no less than seven days before the date on which an action may be taken related to the conduct of the sale by a court. [1993 c 456 § 3.] 19.178.020 19.178.030 Notice—Recording—Procedure. (1) A person conducting a going out of business sale shall record a notice of the sale with the county auditor at least fourteen days before the beginning date of the sale. (2) The notice must be signed under oath and acknowledged and must require, and the person signing the notice shall set forth, the following facts and information regarding the sale: (a) The name, address, telephone number, and Washington state business identification number of the owner of the 19.178.030 [Title 19 RCW—page 241] 19.178.040 Title 19 RCW: Business Regulations—Miscellaneous merchandise to be sold. If the owner is a corporation, trust, unincorporated association, partnership, or other legal entity, the person signing the notice must be an officer of the entity and must identify his or her title; (b) The name, address, and telephone number of the person who will be in charge and responsible for the conduct of the sale; (c) The descriptive name, location or locations, and beginning and ending dates of the sale; (d) Whether a person who has an ownership interest in the business or in the merchandise to be sold has conducted a going out of business sale within one year of recording the notice; (e) Whether a person who has an ownership interest in the business or in the merchandise to be sold established or acquired an ownership interest in the business within six months of recording the notice; and (f) A statement that: (i) The merchandise ordered during the thirty days before recording the notice consists only of bona fide orders made in the usual course of business and does not contain merchandise taken on consignment or otherwise; (ii) No merchandise transferred from an affiliated business was transferred in contemplation of conducting the sale; (iii) No merchandise will be ordered, taken on consignment, or transferred from an affiliated business after the notice is recorded or during the sale; (iv) No person who has an ownership interest in the business or in the merchandise to be sold established or acquired an interest in the business or in the merchandise to be sold solely or principally for the purpose of conducting a going out of business sale; (v) The business will be discontinued after the ending date of the sale and no merchandise held out for sale will be subsequently offered for sale to the public by anyone who had an ownership interest in the business or in the merchandise offered for sale; and (vi) No person who has an ownership interest in the business or in the merchandise to be sold is subject to a court order resulting from a civil enforcement action under the consumer protection act for a violation of this chapter or the type of conduct prohibited by this chapter. [1993 c 456 § 5.] 19.178.040 Inventory list—Compilation of purchase orders. (1) A person conducting a going out of business sale shall, before recording the notice, make either an inventory list of the merchandise to be sold or a compilation of purchase orders issued by the business in the thirty days before recording the notice of the sale. (2) If a person elects to make an inventory list: (a) The inventory list must identify the merchandise and include the quantity of each item and the price at which each item was offered for sale within one week of recording the notice; (b) The inventory list must identify items ordered within thirty days of recording the notice but not yet received by the business; (c) The inventory list must be permanently attached to an affidavit executed by the person recording the notice of the sale stating that the inventory list is a true and correct inven19.178.040 [Title 19 RCW—page 242] tory of merchandise owned by the business conducting the sale as of the date the affidavit is executed; and (d) No item may be offered for sale at a going out of business sale unless the item is included in the inventory list for the sale. (3) If a person elects to make a purchase order compilation, the compilation must be permanently attached to an affidavit executed by the person recording the notice of the sale stating that the compilation is a true and correct compilation of the purchase orders issued by the business in the thirty days before recording the notice of the sale. (4) The affidavit must be signed under oath and acknowledged before a notary public. Each page of the inventory list or purchase order compilation must be marked in some form by a notary public to verify its identity as part of the inventory list or purchase order compilation for the going out of business sale. (5) A person conducting a going out of business sale shall maintain possession of the affidavit and attached inventory list or purchase order compilation for three years after the ending date of the sale. The inventory list or purchase order compilation is admissible evidence of compliance or noncompliance with this chapter. [1993 c 456 § 6.] 19.178.050 Business identification number—Ownership interest purposes limited—Application of consumer protection act. (1) No person may conduct a going out of business sale except a person with a valid Washington state business identification number. (2) No person may conduct a going out of business sale if a person who has an ownership interest in the business or in the merchandise to be sold established or acquired an ownership interest in the business solely or principally for the purpose of conducting a going out of business sale. A person who has either conducted a going out of business sale within one year or established or acquired an interest in the business conducting the sale within six months of recording the notice is presumed to have established or acquired an interest in the business solely or principally for the purpose of conducting a going out of business sale. (3) No person may conduct a going out of business sale if a person who has an ownership interest in the business or in the merchandise to be sold is subject to a court order resulting from a civil enforcement action under the consumer protection act for a violation of this chapter or the type of conduct prohibited by this chapter. [1993 c 456 § 7.] 19.178.050 19.178.060 Time limit. No person may conduct a going out of business sale for more than sixty days from the beginning date of the sale. [1993 c 456 § 8.] 19.178.060 19.178.070 Merchandise—Consigned or not owned by seller—Transfer—Additional. (1) No person may sell consigned merchandise or other merchandise not owned by the person signing the notice at a going out of business sale. Merchandise ordered within thirty days of recording the notice of the sale may consist only of bona fide orders made in the usual course of business and may contain no merchandise taken on consignment or otherwise. 19.178.070 (2008 Ed.) Going Out of Business Sales (2) No person in contemplation of conducting a going out of business sale may transfer merchandise from an affiliated business or business location to the location or locations of the sale. (3) No person, after recording the notice of a going out of business sale, may buy or order merchandise, take merchandise on consignment, or receive a transfer of merchandise from an affiliated business or business location for the purpose of selling it at the sale or sell the merchandise in a going out of business sale. [1993 c 456 § 9.] 19.178.901 (3) No advertising may contain false, misleading, or deceptive statements regarding the nature, duration, merchandise, or other terms of a going out of business sale. (4) Representations in advertising regarding price savings or discounts on sale merchandise must be bona fide and substantiated. (5) A moving sale may not be advertised for more than ninety days and may not occur more than once within a twenty-four month period. [1993 c 456 § 12.] 19.178.110 19.178.080 19.178.080 Continuing business prohibited—Exception. (1) No person may continue to conduct a going out of business sale beyond the ending date listed in the notice of the sale. (2) No person after conducting a going out of business sale may remain in business under any of the same ownership, or under the same or substantially the same trade name, or continue to offer for sale the same type of merchandise for a period of one year after the ending date of the sale unless the continuing business location was in operation before recording the notice for the closing business location. (3) For the purposes of this section, if a business entity that is prohibited from continuing a business under this section reformulates itself as a new entity or as an individual, whether by sale, merger, acquisition, bankruptcy, dissolution, or other transaction, for the purpose of continuing the business or profiting from the business, the successor entity or individual is considered the same person as the original entity. If an individual who is prohibited from continuing a business under this section forms a new business entity to continue the business, participate in the business, or profit from the business, that entity is considered the same person as the individual. [1993 c 456 § 10.] 19.178.110 Violations—Application of consumer protection act. The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Violations of this chapter are not reasonable in relation to the development and preservation of business. A violation of this chapter is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW. [1993 c 456 § 1.] 19.178.120 19.178.120 Violation—False or incorrect notice— Penalty. A person who knowingly violates this chapter or who knowingly gives false or incorrect information in a notice required by this chapter is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW. [1993 c 456 § 13.] 19.178.130 19.178.130 Proceedings instituted by attorney general or prosecuting attorney. The attorney general or the proper prosecuting attorney may institute proceedings under this chapter. [1993 c 456 § 14.] 19.178.140 19.178.090 19.178.090 Means for continuation of closing business location prohibited. No person may conduct a going out of business sale if any means have been established for continuation of the closing business location by the same owner, directly or indirectly, by corporation, trust, unincorporated association, partnership, or other legal entity under the same name or under a different name. [1993 c 456 § 11.] 19.178.100 19.178.100 Advertising—Moving sale. (1) No person may advertise a going out of business sale more than fourteen days before the beginning date of the sale. All advertising of the sale must state the beginning date and must clearly and prominently state the ending date of the sale. Except as provided in subsection (2) of this section, all advertising must be confined to or refer to the address or addresses and place or places of business specified in the notice as going out of business and may not state that other locations or affiliated businesses are cooperating with or participating in the sale unless the other locations or affiliated businesses are included in the notice. (2) Advertising broadcast on radio is not required to refer to the address or addresses of the business specified in the notice as going out of business, but must meet all other conditions of this section. (2008 Ed.) 19.178.140 State preemption. The state of Washington fully occupies and preempts the entire field of regulating going out of business sales. [1993 c 456 § 15.] 19.178.900 19.178.900 Application of chapter—Exceptions. (1) This chapter shall apply only to persons who engage in the retail sale of merchandise in their regular course of business. (2) This chapter does not apply to: (a) Persons acting in accordance with their powers and duties as public officers, such as county sheriffs; (b) Bulk transfers as defined in *RCW 62A.6-102; or (c) Moving sales, except for RCW 19.178.100(5). (3) Going out of business sales of perishable merchandise or merchandise damaged by fire, smoke, or water are exempt from the requirement that the notice of the sale be recorded at least fourteen days before the beginning date of the sale. [1993 c 456 § 4.] *Reviser’s note: RCW 62A.6-102 was repealed by 1993 c 395 § 6-101. 19.178.901 19.178.901 Severability—1993 c 456. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. [1993 c 456 § 16.] [Title 19 RCW—page 243] Chapter 19.182 Chapter 19.182 Title 19 RCW: Business Regulations—Miscellaneous Chapter 19.182 RCW FAIR CREDIT REPORTING ACT Sections 19.182.005 19.182.010 19.182.020 19.182.030 19.182.040 19.182.050 19.182.060 19.182.070 19.182.080 19.182.090 19.182.100 19.182.110 19.182.120 19.182.130 19.182.140 19.182.150 19.182.160 19.182.170 19.182.180 19.182.190 19.182.200 19.182.210 19.182.900 19.182.901 19.182.902 Findings—Declaration. Definitions. Consumer report—Furnishing—Procuring. Consumer report—Credit action not initiated by consumer— Exclusion by consumer. Consumer report—Prohibited information—Exceptions. Investigative consumer report—Procurement, preparation— Disclosure—Use—Liability—Record. Consumer report—Procedures for compliance—Information for governmental agency—Record. Disclosures to consumer. Disclosures to consumer—Procedures. Consumer file—Dispute—Procedure—Notice—Statement of dispute—Toll-free information number. Consumer reporting agency—Consumer fees and charges for required information—Exceptions. Adverse action based on report—Procedure—Notice. Limitation on action—Exception. Obtaining information under false pretenses—Penalty. Provision of information to unauthorized person—Penalty. Application of consumer protection act—Limitation— Awards—Penalties—Attorneys’ fees. Block of information appearing as result of identity theft. Victim of identity theft—Security freeze. Security freeze—Changes to information—Written confirmation required. Security freeze—RCW 19.182.170 not applicable to certain consumer reporting agencies. Security freeze—Exempt entities. Information furnished to a governmental agency. Short title—1993 c 476. Severability—1993 c 476. Effective date—1993 c 476. 19.182.005 Findings—Declaration. The legislature finds and declares that consumers have a vital interest in establishing and maintaining creditworthiness. The legislature further finds that an elaborate mechanism using credit reports has developed for investigating and evaluating a consumer’s creditworthiness, credit capacity, and general reputation and character. As such, credit reports are used for evaluating credit card, loan, mortgage, and small business financing applications, as well as for decisions regarding employment and the rental or leasing of dwellings. Moreover, financial institutions and other creditors depend upon fair and accurate credit reports to efficiently and accurately evaluate creditworthiness. Unfair or inaccurate reports undermine both public and creditor confidences in the reliability of credit granting systems. Therefore, this chapter is necessary to assure accurate credit data collection, maintenance, and reporting on the citizens of the state. It is the policy of the state that credit reporting agencies maintain accurate credit reports, resolve disputed reports promptly and fairly, and adopt reasonable procedures to promote consumer confidentiality and the proper use of credit data in accordance with this chapter. [1993 c 476 § 1.] 19.182.005 19.182.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1)(a) "Adverse action" includes: (i) Denial of, increase in any charge for, or reduction in the amount of insurance for personal, family, or household purposes; 19.182.010 [Title 19 RCW—page 244] (ii) Denial of employment or any other decision for employment purposes that adversely affects a current or prospective employee; (iii) Action or determination with respect to a consumer’s application for credit that is adverse to the interests of the consumer; and (iv) Action or determination with respect to a consumer’s application for the rental or leasing of residential real estate that is adverse to the interests of the consumer. (b) "Adverse action" does not include: (i) A refusal to extend additional credit under an existing credit arrangement if: (A) The applicant is delinquent or otherwise in default with respect to the arrangement; or (B) The additional credit would exceed a previously established credit limit; or (ii) A refusal or failure to authorize an account transaction at a point of sale. (2) "Attorney general" means the office of the attorney general. (3) "Consumer" means an individual. (4)(a) "Consumer report" means a written, oral, or other communication of information by a consumer reporting agency bearing on a consumer’s creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living that is used or expected to be used or collected in whole or in part for: (i) The purpose of serving as a factor in establishing the consumer’s eligibility for credit or insurance to be used primarily for personal, family, or household purposes; (ii) Employment purposes; or (iii) Other purposes authorized under RCW 19.182.020. (b) "Consumer report" does not include: (i) A report containing information solely as to transactions or experiences between the consumer and the person making the report; (ii) An authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device; (iii) A report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to the request, if the third party advises the consumer of the name and address of the person to whom the request was made and the person makes the disclosures to the consumer required under RCW 19.182.070; (iv) A list compiled by a consumer reporting agency to be used by its client for direct marketing of goods or services not involving an offer of credit; (v) A report solely conveying a decision whether to guarantee a check in response to a request by a third party; or (vi) A report furnished for use in connection with a transaction that consists of an extension of credit to be used for a commercial purpose. (5) "Consumer reporting agency" means a person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the business of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and who uses any means or facility of commerce for the purpose of preparing or furnish(2008 Ed.) Fair Credit Reporting Act ing consumer reports. "Consumer reporting agency" does not include a person solely by reason of conveying a decision whether to guarantee a check in response to a request by a third party or a person who obtains a consumer report and provides the report or information contained in it to a subsidiary or affiliate of the person. (6) "Credit transaction that is not initiated by the consumer" does not include the use of a consumer report by an assignee for collection or by a person with which the consumer has an account, for purposes of (a) reviewing the account, or (b) collecting the account. For purposes of this subsection "reviewing the account" includes activities related to account maintenance and monitoring, credit line increases, and account upgrades and enhancements. (7) "Direct solicitation" means the process in which the consumer reporting agency compiles or edits for a client a list of consumers who meet specific criteria and provides this list to the client or a third party on behalf of the client for use in soliciting those consumers for an offer of a product or service. (8) "Employment purposes," when used in connection with a consumer report, means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment, or retention as an employee. (9) "File," when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored. (10) "Investigative consumer report" means a consumer report or portion of it in which information on a consumer’s character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom the consumer is acquainted or who may have knowledge concerning any items of information. However, the information does not include specific factual information on a consumer’s credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when the information was obtained directly from a creditor of the consumer or from the consumer. (11) "Medical information" means information or records obtained, with the consent of the individual to whom it relates, from a licensed physician or medical practitioner, hospital, clinic, or other medical or medically related facility. (12) "Person" includes an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal or commercial entity. (13) "Prescreening" means the process in which the consumer reporting agency compiles or edits for a client a list of consumers who meet specific credit criteria and provides this list to the client or a third party on behalf of the client for use in soliciting those consumers for an offer of credit. [1993 c 476 § 3.] 19.182.020 Consumer report—Furnishing—Procuring. (1) A consumer reporting agency may furnish a consumer report only under the following circumstances: (a) In response to the order of a court having jurisdiction to issue the order; 19.182.020 (2008 Ed.) 19.182.020 (b) In accordance with the written instructions of the consumer to whom it relates; or (c) To a person that the agency has reason to believe: (i) Intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; (ii) Intends to use the information for employment purposes; (iii) Intends to use the information in connection with the underwriting of insurance involving the consumer; (iv) Intends to use the information in connection with a determination of the consumer’s eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant’s financial responsibility or status; or (v) Otherwise has a legitimate business need for the information in connection with a business transaction involving the consumer. (2)(a) Subject to (c) of this subsection, a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer who is not an employee at the time the report is procured or caused to be procured unless: (i) A clear and conspicuous disclosure has been made in writing to the consumer before the report is procured or caused to be procured that a consumer report may be obtained for purposes of considering the consumer for employment. The disclosure may be contained in a written statement contained in employment application materials; or (ii) The consumer authorizes the procurement of the report. (b) A person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any employee unless the employee has received, at any time after the person became an employee, written notice that consumer reports may be used for employment purposes. A written statement that consumer reports may be used for employment purposes that is contained in employee guidelines or manuals available to employees or included in written materials provided to employees constitutes written notice for purposes of this subsection. This subsection does not apply with respect to a consumer report of an employee who the employer has reasonable cause to believe has engaged in specific activity that constitutes a violation of law. (c) As applied to (a) and (b) of this subsection, a person may not procure a consumer report for employment purposes where any information contained in the report bears on the consumer’s creditworthiness, credit standing, or credit capacity, unless the information is either: (i) Substantially job related and the employer’s reasons for the use of such information are disclosed to the consumer in writing; or (ii) Required by law. (d) In using a consumer report for employment purposes, before taking any adverse action based in whole or part on the report, a person shall provide to the consumer to whom the report relates: (i) The name, address, and telephone number of the consumer reporting agency providing the report; (ii) a [Title 19 RCW—page 245] 19.182.030 Title 19 RCW: Business Regulations—Miscellaneous description of the consumer’s rights under this chapter pertaining to consumer reports obtained for employment purposes; and (iii) a reasonable opportunity to respond to any information in the report that is disputed by the consumer. This subsection applies to job applicants and current employees. [2007 c 93 § 1; 1993 c 476 § 4.] 19.182.030 Consumer report—Credit action not initiated by consumer—Exclusion by consumer. (1) A consumer reporting agency may provide a consumer report relating to a consumer under RCW 19.182.020(1)(c)(i) in connection with a credit transaction that is not initiated by the consumer only if: (a) The consumer authorized the consumer reporting agency to provide the report to such a person; or (b) The consumer has not elected in accordance with subsection (3) of this section to have the consumer’s name and address excluded from such transactions. (2) A consumer reporting agency may provide only the following information under subsection (1) of this section: (a) The name and address of the consumer; and (b) Information pertaining to a consumer that is not identified or identifiable with particular accounts or transactions of the consumer. (3)(a) A consumer may elect to have his or her name and address excluded from any list provided by a consumer reporting agency through prescreening under subsection (1) of this section or from any list provided by a consumer reporting agency for direct solicitation transactions that are not initiated by the consumer by notifying the consumer reporting agency. The notice must be made in writing through the notification system maintained by the consumer reporting agency under subsection (4) of this section and must state that the consumer does not consent to any use of consumer reports relating to the consumer in connection with any transaction that is not initiated by the consumer. (b) An election of a consumer under (a) of this subsection is effective with respect to a consumer reporting agency and any affiliate of the consumer reporting agency, within five business days after the consumer reporting agency receives the consumer’s notice. (4) A consumer reporting agency that provides information intended to be used in a prescreened credit transaction or direct solicitation transaction that is not initiated by the consumer shall: (a) Maintain a notification system that facilitates the ability of a consumer in the agency’s database to notify the agency to promptly withdraw the consumer’s name from lists compiled for prescreened credit transactions and direct solicitation transactions not initiated by the consumer; and (b) Publish at least annually in a publication of general circulation in the area served by the agency, the address for consumers to use to notify the agency of the consumer’s election under subsection (3) of this section. (5) A consumer reporting agency that maintains consumer reports on a nation-wide basis shall establish a system meeting the requirements of subsection (4) of this section on a nation-wide basis, and may operate such a system jointly with any other consumer reporting agencies. 19.182.030 [Title 19 RCW—page 246] (6) Compliance with the requirements of this section by any consumer reporting agency constitutes compliance by the agency’s affiliates. [1993 c 476 § 5.] 19.182.040 Consumer report—Prohibited information—Exceptions. (1) Except as authorized under subsection (2) of this section, no consumer reporting agency may make a consumer report containing any of the following items of information: (a) Bankruptcies that, from date of adjudication of the most recent bankruptcy, antedate the report by more than ten years; (b) Suits and judgments that, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period; (c) Paid tax liens that, from date of payment, antedate the report by more than seven years; (d) Accounts placed for collection or charged to profit and loss that antedate the report by more than seven years; (e) Records of arrest, indictment, or conviction of crime that, from date of disposition, release, or parole, antedate the report by more than seven years; (f) Any other adverse item of information that antedates the report by more than seven years. (2) Subsection (1) of this section is not applicable in the case of a consumer report to be used in connection with: (a) A credit transaction involving, or that may reasonably be expected to involve, a principal amount of fifty thousand dollars or more; (b) The underwriting of life insurance involving, or that may reasonably be expected to involve, a face amount of fifty thousand dollars or more; or (c) The employment of an individual at an annual salary that equals, or that may reasonably be expected to equal, twenty thousand dollars or more. [1993 c 476 § 6.] 19.182.040 19.182.050 Investigative consumer report—Procurement, preparation—Disclosure—Use—Liability— Record. (1) A person may not procure or cause to be prepared an investigative consumer report on a consumer unless: (a) It is clearly and accurately disclosed to the consumer that an investigative consumer report including information as to the consumer’s character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, and the disclosure: (i) Is made in a writing mailed, or otherwise delivered, to the consumer not later than three days after the date on which the report was first requested; and (ii) Includes a statement informing the consumer of the consumer’s right to request the additional disclosures provided for under subsection (2) of this section and the written summary of the rights of the consumer prepared under RCW 19.182.080(7); or (b) The report is to be used for employment purposes for which the consumer has not specifically applied. (2) A person who procures or causes to be prepared an investigative consumer report on a consumer shall make, upon written request made by the consumer within a reasonable period of time after the receipt by the consumer of the 19.182.050 (2008 Ed.) Fair Credit Reporting Act disclosure required in subsection (1)(a) of this section, a complete and accurate disclosure of the nature and scope of the investigation requested. This disclosure must be made in a writing mailed, or otherwise delivered, to the consumer not later than the latter of five days after the date on which the request for the disclosure was either received from the consumer or the report was first requested. (3) No person may be held liable for a violation of subsection (1) or (2) of this section if the person shows by a preponderance of the evidence that at the time of the violation the person maintained reasonable procedures to assure compliance with subsection (1) or (2) of this section. (4) A consumer reporting agency shall maintain a detailed record of: (a) The identity of the person to whom an investigative consumer report or information from a consumer report is provided by the consumer reporting agency; and (b) The certified purpose for which an investigative consumer report on a consumer, or any other information relating to a consumer, is requested by the person. For purposes of this subsection, "person" does not include an individual who requests the report unless the individual obtains the report or information for his or her own individual purposes. [1993 c 476 § 7.] 19.182.060 Consumer report—Procedures for compliance—Information for governmental agency—Record. (1) A consumer reporting agency shall maintain reasonable procedures designed to avoid violations of RCW 19.182.040 and to limit the furnishing of consumer reports to the purposes listed under RCW 19.182.020. These procedures must require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. A consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by the prospective user before furnishing the user a consumer report. No consumer reporting agency may furnish a consumer report to a person if the agency has reasonable grounds for believing that the consumer report will not be used for a purpose listed in RCW 19.182.020. (2) Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. (3) Notwithstanding RCW 19.182.020, a consumer reporting agency may furnish identifying information about a consumer, limited to the consumer’s name, address, former addresses, places of employment, or former places of employment, to a governmental agency. (4) A consumer reporting agency shall maintain a detailed record of: (a) The identity of any person to whom a consumer report or information from a consumer report is provided by the consumer reporting agency; and (b) The certified purpose for which a consumer report on a consumer, or any other information relating to a consumer, is requested by any person. For purposes of this subsection, "person" does not include an individual who requests the report unless the indi19.182.060 (2008 Ed.) 19.182.080 vidual obtains the report or information for his or her own purposes. [1993 c 476 § 8.] 19.182.070 Disclosures to consumer. A consumer reporting agency shall, upon request by the consumer, clearly and accurately disclose: (1) All information in the file on the consumer at the time of request, except that medical information may be withheld. The agency shall inform the consumer of the existence of medical information, and the consumer has the right to have that information disclosed to the health care provider of the consumer’s choice. Nothing in this chapter prevents, or authorizes a consumer reporting agency to prevent, the health care provider from disclosing the medical information to the consumer. The agency shall inform the consumer of the right to disclosure of medical information at the time the consumer requests disclosure of his or her file. (2) All items of information in its files on that consumer, including disclosure of the sources of the information, except that sources of information acquired solely for use in an investigative report may only be disclosed to a plaintiff under appropriate discovery procedures. (3) Identification of (a) each person who for employment purposes within the two-year period before the request, and (b) each person who for any other purpose within the sixmonth period before the request, procured a consumer report. (4) A record identifying all inquiries received by the agency in the six-month period before the request that identified the consumer in connection with a credit transaction that is not initiated by the consumer. (5) An identification of a person under subsection (3) or (4) of this section must include (a) the name of the person or, if applicable, the trade name under which the person conducts business; and (b) upon request of the consumer, the address of the person. [1993 c 476 § 9.] 19.182.070 19.182.080 Disclosures to consumer—Procedures. (1) A consumer reporting agency shall make the disclosures required under RCW 19.182.070 during normal business hours and on reasonable notice. (2) The consumer reporting agency shall make the disclosures required under RCW 19.182.070 to the consumer: (a) In person if the consumer appears in person and furnishes proper identification; (b) By telephone if the consumer has made a written request, with proper identification, for telephone disclosure and the toll charge, if any, for the telephone call is prepaid by or charged directly to the consumer; or (c) By any other reasonable means that are available to the consumer reporting agency if that means is authorized by the consumer. (3) A consumer reporting agency shall provide trained personnel to explain to the consumer, information furnished to the consumer under RCW 19.182.070. (4) The consumer reporting agency shall permit the consumer to be accompanied by one other person of the consumer’s choosing, who shall furnish reasonable identification. A consumer reporting agency may require the consumer to furnish a written statement granting permission to the con19.182.080 [Title 19 RCW—page 247] 19.182.090 Title 19 RCW: Business Regulations—Miscellaneous sumer reporting agency to discuss the consumer’s file in the other person’s presence. (5) If a credit score is provided by a consumer reporting agency to a consumer, the agency shall provide an explanation of the meaning of the credit score. (6) Except as provided in RCW 19.182.150, no consumer may bring an action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against a consumer reporting agency or a user of information, based on information disclosed under this section or RCW 19.182.070, except as to false information furnished with malice or willful intent to injure the consumer. Except as provided in RCW 19.182.150, no consumer may bring an action or proceeding against a person who provides information to a consumer reporting agency in the nature of defamation, invasion of privacy, or negligence for unintentional error. (7)(a) A consumer reporting agency must provide to a consumer, with each written disclosure by the agency to the consumer under RCW 19.182.070, a written summary of all rights and remedies the consumer has under this chapter. (b) The summary of the rights and remedies of consumers under this chapter must include: (i) A brief description of this chapter and all rights and remedies of consumers under this chapter; (ii) An explanation of how the consumer may exercise the rights and remedies of the consumer under this chapter; and (iii) A list of all state agencies, including the attorney general’s office, responsible for enforcing any provision of this chapter and the address and appropriate phone number of each such agency. [1993 c 476 § 10.] 19.182.090 Consumer file—Dispute—Procedure— Notice—Statement of dispute—Toll-free information number. (1) If the completeness or accuracy of an item of information contained in a consumer’s file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly of the dispute, the agency shall reinvestigate without charge and record the current status of the disputed information before the end of thirty business days, beginning on the date the agency receives the notice from the consumer. (2) Before the end of the five business-day period beginning on the date a consumer reporting agency receives notice of a dispute from a consumer in accordance with subsection (1) of this section, the agency shall notify any person who provided an item of information in dispute. (3)(a) Notwithstanding subsection (1) of this section, a consumer reporting agency may terminate a reinvestigation of information disputed by a consumer under subsection (1) of this section if the agency determines that the dispute by the consumer is frivolous or irrelevant, including by reason of a failure of the consumer to provide sufficient information. (b) Upon making a determination in accordance with (a) of this subsection that a dispute is frivolous or irrelevant, a consumer reporting agency shall notify the consumer within five business days of the determination. The notice shall be made in writing or any other means authorized by the consumer that are available to the agency, but the notice shall 19.182.090 [Title 19 RCW—page 248] include the reasons for the determination and a notice of the consumer’s rights under subsection (6) of this section. (4) In conducting a reinvestigation under subsection (1) of this section with respect to disputed information in the file of any consumer, the consumer reporting agency shall review and consider all relevant information submitted by the consumer in the period described in subsection (1) of this section with respect to the disputed information. (5)(a) If, after a reinvestigation under subsection (1) of this section of information disputed by a consumer, the information is found to be inaccurate or cannot be verified, the consumer reporting agency shall promptly delete the information from the consumer’s file. (b)(i) If information is deleted from a consumer’s file under (a) of this subsection, the information may not be reinserted in the file after the deletion unless the person who furnishes the information verifies that the information is complete and accurate. (ii) If information that has been deleted from a consumer’s file under (a) of this subsection is reinserted in the file in accordance with (b)(i) of this subsection, the consumer reporting agency shall notify the consumer of the reinsertion within thirty business days. The notice shall be in writing or any other means authorized by the consumer that are available to the agency. (6) If the reinvestigation does not resolve the dispute or if the consumer reporting agency determines the dispute is frivolous or irrelevant, the consumer may file a brief statement setting forth the nature of the dispute. The consumer reporting agency may limit these statements to not more than one hundred words if it provides the consumer with assistance in writing a clear summary of the dispute. (7) After the deletion of information from a consumer’s file under this section or after the filing of a statement of dispute under subsection (6) of this section, the consumer reporting agency shall, at the request of the consumer, furnish notification that the item of information has been deleted or that item of information is disputed. In the case of disputed information, the notification shall include the statement filed under subsection (6) of this section. The notification shall be furnished to any person specifically designated by the consumer, who has, within two years before the deletion or filing of a dispute, received a consumer report concerning the consumer for employment purposes, or who has, within six months of the deletion or the filing of the dispute, received a consumer report concerning the consumer for any other purpose, if these consumer reports contained the deleted or disputed information. (8)(a) Upon completion of the reinvestigation under this section, a consumer reporting agency shall provide notice, in writing or by any other means authorized by the consumer, of the results of a reinvestigation within five business days. (b) The notice required under (a) of this subsection must include: (i) A statement that the reinvestigation is completed; (ii) A consumer report that is based upon the consumer’s file as that file is revised as a result of the reinvestigation; (iii) A description or indication of any changes made in the consumer report as a result of those revisions to the consumer’s file; (2008 Ed.) Fair Credit Reporting Act (iv) If requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the name, business address, and telephone number of any person contacted in connection with the information; (v) If the reinvestigation does not resolve the dispute, a summary of the consumer’s right to file a brief statement as provided in subsection (6) of this section; and (vi) If information is deleted or disputed after reinvestigation, a summary of the consumer’s right to request notification to persons who have received a consumer report as provided in subsection (7) of this section. (9) In the case of a consumer reporting agency that compiles and maintains consumer reports on a nation-wide basis, the consumer reporting agency must provide to a consumer who has undertaken to dispute the information contained in his or her file a toll-free telephone number that the consumer can use to communicate with the agency. A consumer reporting agency that provides a toll-free number required by this subsection shall also provide adequately trained personnel to answer basic inquiries from consumers using the toll-free number. [1993 c 476 § 11.] 19.182.100 19.182.100 Consumer reporting agency—Consumer fees and charges for required information—Exceptions. (1) Except as provided in subsections (2) and (3) of this section, a consumer reporting agency may charge the following fees to the consumer: (a) For making a disclosure under RCW 19.182.070 and 19.182.080, the consumer reporting agency may charge a fee not exceeding eight dollars. Beginning January 1, 1995, the eight-dollar charge may be adjusted on January 1st of each year based on corresponding changes in the consumer price index with fractional changes rounded to the nearest half dollar. (b) For furnishing a notification, statement, or summary to a person under RCW 19.182.090(7), the consumer reporting agency may charge a fee not exceeding the charge that the agency would impose on each designated recipient for a consumer report. The amount of any charge must be disclosed to the consumer before furnishing the information. (2) A consumer reporting agency shall make all disclosures under RCW 19.182.070 and 19.182.080 and furnish all consumer reports under RCW 19.182.090 without charge, if requested by the consumer within sixty days after receipt by the consumer of a notification of adverse action under RCW 19.182.110 or of a notification from a debt collection agency affiliated with that consumer reporting agency stating that the consumer’s credit rating may be or has been adversely affected. (3) A consumer reporting agency shall not impose any charge for (a) providing notice to a consumer required under RCW 19.182.090, or (b) notifying a person under RCW 19.182.090(7) of the deletion of information that is found to be inaccurate or that can no longer be verified, if the consumer designates that person to the agency before the end of the thirty-day period beginning on the date of notice under RCW 19.182.090(8). [1993 c 476 § 12.] (2008 Ed.) 19.182.150 19.182.110 Adverse action based on report—Procedure—Notice. If a person takes an adverse action with respect to a consumer that is based, in whole or in part, on information contained in a consumer report, the person shall: (1) Provide written notice of the adverse action to the consumer, except verbal notice may be given by a person in an adverse action involving a business regulated by the Washington utilities and transportation commission or involving an application for the rental or leasing of residential real estate if such verbal notice does not impair a consumer’s ability to obtain a credit report without charge under RCW 19.182.100(2); and (2) Provide the consumer with the name, address, and telephone number of the consumer reporting agency that furnished the report to the person. [1993 c 476 § 13.] 19.182.110 19.182.120 Limitation on action—Exception. An action to enforce a liability created under this chapter is permanently barred unless commenced within two years after the cause of action accrues, except that where a defendant has materially and willfully misrepresented information required under this chapter to be disclosed to an individual and the information so misrepresented is material to the establishment of the defendant’s liability to that individual under this chapter, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. [1993 c 476 § 14.] 19.182.120 19.182.130 Obtaining information under false pretenses—Penalty. A person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses is subject to a fine of up to five thousand dollars or imprisonment for up to one year, or both. [1993 c 476 § 15.] 19.182.130 19.182.140 Provision of information to unauthorized person—Penalty. An officer or employee of a consumer reporting agency who knowingly and willfully provides information concerning an individual from the agency’s files to a person not authorized to receive that information is subject to a fine of up to five thousand dollars or imprisonment for up to one year, or both. [1993 c 476 § 16.] 19.182.140 19.182.150 Application of consumer protection act— Limitation—Awards—Penalties—Attorneys’ fees. The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Violations of this chapter are not reasonable in relation to the development and preservation of business. A violation of this chapter is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW. The burden of proof in an action alleging a violation of this chapter shall be by a preponderance of the evidence, and the applicable statute of limitation shall be as set forth in RCW 19.182.120. For purposes of a judgment awarded pursuant to an action by a consumer under chapter 19.86 RCW, the consumer shall be awarded actual damages and costs of the action together with reasonable attorney’s fees as determined by the court. How19.182.150 [Title 19 RCW—page 249] 19.182.160 Title 19 RCW: Business Regulations—Miscellaneous ever, where there has been willful failure to comply with any requirement imposed under this chapter, the consumer shall be awarded actual damages, a monetary penalty of one thousand dollars, and the costs of the action together with reasonable attorneys’ fees as determined by the court. [1993 c 476 § 17.] 19.182.160 Block of information appearing as result of identity theft. (1) Within thirty days of receipt of proof of the consumer’s identification and a copy of a police report, filed by the consumer, evidencing the consumer’s claim to be a victim of a violation of RCW 9.35.020, a consumer reporting agency shall permanently block reporting any information the consumer identifies on his or her consumer report is a result of a violation of RCW 9.35.020, so that the information cannot be reported, except as provided in subsection (2) of this section. The consumer reporting agency shall promptly notify the furnisher of the information that a police report has been filed, that a block has been requested, and the effective date of the block. (2) A consumer reporting agency may decline to block or may rescind any block of consumer information if, in the exercise of good faith and reasonable judgment, the consumer reporting agency believes: (a) The information was blocked due to a misrepresentation of fact by the consumer relevant to the request to block under this section; (b) The consumer agrees that the blocked information or portions of the blocked information were blocked in error; or (c) The consumer knowingly obtained possession of goods, services, or moneys as a result of the blocked transaction or transactions or the consumer should have known that he or she obtained possession of goods, services, or moneys as a result of the blocked transaction or transactions. (3) If the block of information is declined or rescinded under this section, the consumer shall be notified promptly in the same manner as consumers are notified of the reinsertion of information pursuant to section 611 of the fair credit reporting act, 15 U.S.C. Sec. 1681I, as amended. The prior presence of the blocked information in the consumer reporting agency’s file on the consumer is not evidence of whether the consumer knew or should have known that he or she obtained possession of any goods, services, or moneys. (4) In order to facilitate the exercise of a consumer’s right to block information in his or her consumer report, all police and sheriff’s departments in Washington state shall provide to the consumer, at the consumer’s request, a copy of any police report, filed by the consumer, evidencing the consumer’s claim to be a victim of a violation of RCW 9.35.020. Nothing in this section shall be construed to require a law enforcement agency to investigate reports claiming identity theft. [2005 c 366 § 1; 2001 c 217 § 6.] 19.182.160 Captions not law—2001 c 217: See note following RCW 9.35.005. 19.182.170 Victim of identity theft—Security freeze. (1) A consumer, who is a resident of this state, may elect to place a security freeze on his or her credit report by making a request in writing by certified mail to a consumer reporting agency. "Security freeze" means a prohibition, consistent with this section, on a consumer reporting agency’s furnish19.182.170 [Title 19 RCW—page 250] ing of a consumer’s credit report to a third party intending to use the credit report to determine the consumer’s eligibility for credit. If a security freeze is in place, information from a consumer’s credit report may not be released to a third party without prior express authorization from the consumer. This subsection does not prevent a consumer reporting agency from advising a third party that a security freeze is in effect with respect to the consumer’s credit report. (2) For purposes of this section and RCW 19.182.180 through 19.182.210: (a) "Victim of identity theft" means a person who has a police report evidencing their claim to be a victim of a violation of RCW 9.35.020 and which report will be produced to a consumer reporting agency, upon such consumer reporting agency’s request. (b) "Credit report" means a consumer report, as defined in 15 U.S.C. Sec. 1681a, that is used or collected to serve as a factor in establishing a consumer’s eligibility for credit for personal, family, or household purposes. (c) "Normal business hours" means Sunday through Saturday, between the hours of 6:00 a.m. and 9:30 p.m. Pacific time. (3) A consumer reporting agency shall place a security freeze on a consumer’s credit report no later than five business days after receiving a written request from the consumer and payment of the fee required by the consumer reporting agency under subsection (13) of this section. (4) The consumer reporting agency shall send a written confirmation of the security freeze to the consumer within ten business days and shall provide the consumer with a unique personal identification number or password to be used by the consumer when providing authorization for the release of his or her credit report for a specific party or period of time. (5) If the consumer wishes to allow his or her credit report to be accessed for a specific period of time while a freeze is in place, he or she shall contact the consumer reporting agency, request that the freeze be temporarily lifted, and provide the following: (a) Proper identification, which means that information generally deemed sufficient to identify a person. Only if the consumer is unable to sufficiently identify himself or herself, may a consumer reporting agency require additional information concerning the consumer’s employment and personal or family history in order to verify his or her identity; (b) The unique personal identification number or password provided by the consumer reporting agency under subsection (4) of this section; (c) The proper information regarding the time period for which the report is available to users of the credit report; and (d) Payment of the fee required by the consumer reporting agency under subsection (13) of this section. (6) A consumer reporting agency that receives a request from a consumer to temporarily lift a freeze on a credit report under subsection (5) of this section shall comply with the request within: (a) Three business days of receiving the request by mail; or (b) Fifteen minutes of receiving the request from the consumer through the electronic contact method chosen by the consumer reporting agency in accordance with subsection (8) of this section, if the request: (2008 Ed.) Fair Credit Reporting Act (i) Is received during normal business hours; and (ii) Includes the consumer’s proper identification and correct personal identification number or password. (7) A consumer reporting agency is not required to remove a security freeze within the time provided in subsection (6)(b) of this section if: (a) The consumer fails to meet the requirements of subsection (5) of this section; or (b) The consumer reporting agency’s ability to remove the security freeze within fifteen minutes is prevented by: (i) An act of God, including fire, earthquakes, hurricanes, storms, or similar natural disasters or phenomena; (ii) Unauthorized or illegal acts by a third party, including terrorism, sabotage, riot, vandalism, labor strikes, or disputes disrupting operations, or similar occurrences; (iii) An interruption in operations, including electrical failure, unanticipated delay in equipment or replacement part delivery, computer hardware or software failures inhibiting response time, or similar disruptions; (iv) Governmental action, including emergency orders or regulations, judicial or law enforcement action, or similar directives; (v) Regularly scheduled maintenance of, or updates to, the consumer reporting agency’s systems outside of normal business hours; (vi) Commercially reasonable maintenance of, or repair to, the consumer reporting agency’s systems that is unexpected or unscheduled; or (vii) Receipt of a removal request outside of normal business hours. (8) A consumer reporting agency may develop procedures involving the use of telephone, fax, the internet, or other electronic media to receive and process a request from a consumer to temporarily lift a freeze on a credit report under subsection (5) of this section in an expedited manner. (9) A consumer reporting agency shall remove or temporarily lift a freeze placed on a consumer’s credit report only in the following cases: (a) Upon consumer request, under subsection (5) or (12) of this section; or (b) When the consumer’s credit report was frozen due to a material misrepresentation of fact by the consumer. When a consumer reporting agency intends to remove a freeze upon a consumer’s credit report under this subsection, the consumer reporting agency shall notify the consumer in writing prior to removing the freeze on the consumer’s credit report. (10) When a third party requests access to a consumer credit report on which a security freeze is in effect, and this request is in connection with an application for credit or any other use, and the consumer does not allow his or her credit report to be accessed for that period of time, the third party may treat the application as incomplete. (11) When a consumer requests a security freeze, the consumer reporting agency shall disclose the process of placing and temporarily lifting a freeze, and the process for allowing access to information from the consumer’s credit report for a specific period of time while the freeze is in place. (12) A security freeze remains in place until the consumer requests that the security freeze be removed. A consumer reporting agency shall remove a security freeze within (2008 Ed.) 19.182.170 three business days of receiving a request for removal from the consumer, who provides all of the following: (a) Proper identification, as defined in subsection (5)(a) of this section; (b) The unique personal identification number or password provided by the consumer reporting agency under subsection (4) of this section; and (c) Payment of the fee required by the consumer reporting agency under subsection (13) of this section. (13)(a) Except as provided in (b) of this subsection, a consumer reporting agency may charge a fee of no more than ten dollars to a consumer for placement of each freeze, temporary lift of the freeze, or removal of the freeze. (b) A consumer reporting agency may not charge a fee to place a security freeze for a victim of identity theft or for a consumer, who is sixty-five years old or older. (14) This section does not apply to the use of a consumer credit report by any of the following: (a) A person or entity, or a subsidiary, affiliate, or agent of that person or entity, or an assignee of a financial obligation owing by the consumer to that person or entity, or a prospective assignee of a financial obligation owing by the consumer to that person or entity in conjunction with the proposed purchase of the financial obligation, with which the consumer has or had prior to assignment an account or contract, including a demand deposit account, or to whom the consumer issued a negotiable instrument, for the purposes of reviewing the account or collecting the financial obligation owing for the account, contract, or negotiable instrument. For purposes of this subsection, "reviewing the account" includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements; (b) Any federal, state, or local entity, including a law enforcement agency, court, or their agents or assigns; (c) Any person acting under a court order, warrant, or subpoena; (d) A child support agency acting under Title IV-D of the social security act (42 U.S.C. et seq.); (e) The department of social and health services acting to fulfill any of its statutory responsibilities; (f) The internal revenue service acting to investigate or collect delinquent taxes or unpaid court orders or to fulfill any of its other statutory responsibilities; (g) The use of credit information for the purposes of prescreening as provided for by the federal fair credit reporting act; (h) Any person or entity administering a credit file monitoring subscription service to which the consumer has subscribed; (i) Any person or entity for the purpose of providing a consumer with a copy of his or her credit report upon the consumer’s request; and (j) A mortgage broker or loan originator required to be licensed under chapter 19.146 RCW. (15) Liability may not result to the consumer reporting agency if through inadvertence or mistake the consumer reporting agency releases credit report information to a person or entity purporting to be a mortgage broker or loan originator under subsection (14) of this section that is, in fact, not a mortgage broker or loan originator. [Title 19 RCW—page 251] 19.182.180 Title 19 RCW: Business Regulations—Miscellaneous (16) The consumer’s request for a security freeze does not prohibit the consumer reporting agency from disclosing the consumer’s credit report for other than credit-related purposes. (17) A violation of subsection (6) of this section does not provide a private cause of action under RCW 19.86.090. A violation of subsection (6) of this section shall be enforced exclusively by the attorney general. A violation of subsection (6) of this section is subject to all other remedies and penalties available under this chapter. [2007 c 499 § 1; 2005 c 342 § 1.] Effective date—2007 c 499: "This act takes effect September 1, 2008." [2007 c 499 § 2.] 19.182.180 Security freeze—Changes to information—Written confirmation required. If a security freeze is in place, a consumer reporting agency may not change any of the following official information in a consumer credit report without sending a written confirmation of the change to the consumer within thirty days of the change being posted to the consumer’s file: Name, date of birth, social security number, and address. Written confirmation is not required for technical modifications of a consumer’s official information, including name and street abbreviations, complete spellings, or transposition of numbers or letters. In the case of an address change, the written confirmation shall be sent to both the new address and to the former address. [2005 c 342 § 2.] 19.182.180 19.182.190 Security freeze—RCW 19.182.170 not applicable to certain consumer reporting agencies. A consumer reporting agency is not required to place a security freeze in a consumer credit report under RCW 19.182.170 if it acts only as a reseller of credit information by assembling and merging information contained in the database of another consumer reporting agency or multiple consumer reporting agencies, and does not maintain a permanent database of credit information from which new consumer credit reports are produced. However, a consumer reporting agency must honor any security freeze placed on a consumer credit report by another consumer reporting agency. [2005 c 342 § 3.] 19.182.190 19.182.200 Security freeze—Exempt entities. The following entities are not required to place a security freeze in a consumer credit report under RCW 19.182.170: (1) A check services or fraud prevention services company, which issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payments; and (2) A deposit account information service company, which issues reports regarding account closures due to fraud, substantial overdrafts, ATM abuse, or similar negative information regarding a consumer, to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution. [2005 c 342 § 4.] 19.182.200 19.182.210 Information furnished to a governmental agency. A consumer reporting agency may furnish to a governmental agency a consumer’s name, address, former 19.182.210 [Title 19 RCW—page 252] address, places of employment, or former places of employment. [2005 c 342 § 5.] 19.182.900 Short title—1993 c 476. This chapter shall be known as the Fair Credit Reporting Act. [1993 c 476 § 2.] 19.182.900 19.182.901 Severability—1993 c 476. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1993 c 476 § 18.] 19.182.901 19.182.902 Effective date—1993 c 476. This act takes effect January 1, 1994. [1993 c 476 § 20.] 19.182.902 Chapter 19.184 Chapter 19.184 RCW WHEELCHAIRS Sections 19.184.010 19.184.020 19.184.030 19.184.040 19.184.050 19.184.060 Definitions. Warranty—Implied. Failure to conform with warranty—Remedy—Disclosure of returned wheelchair. Rights or remedies not limited. Consumer waiver void. Action for damages—Pecuniary loss doubled—Costs, disbursements, attorneys’ fees, equitable relief. 19.184.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Collateral costs" means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative wheelchair or other device assisting mobility. (2) "Consumer" means any of the following: (a) The purchaser of a wheelchair, if the wheelchair was purchased from a wheelchair dealer or manufacturer for purposes other than resale; (b) A person to whom a wheelchair is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the wheelchair; (c) A person who may enforce a warranty on a wheelchair; or (d) A person who leases a wheelchair from a wheelchair lessor under a written lease. (3) "Demonstrator" means a wheelchair used primarily for the purpose of demonstration to the public. (4) "Early termination cost" means an expense or obligation that a wheelchair lessor incurs as a result of both the termination of a written lease before the termination date set forth in the lease and the return of a wheelchair to a manufacturer under RCW 19.184.030(2)(b). "Early termination cost" includes a penalty for prepayment under a finance arrangement. (5) "Early termination savings" means an expense or obligation that a wheelchair lessor avoids as a result of both the termination of a written lease before the termination date set forth in the lease and the return of a wheelchair to a manufacturer under RCW 19.184.030(2)(b). "Early termination savings" includes an interest charge that the wheelchair lessor would have paid to finance the wheelchair or, if the wheel19.184.010 (2008 Ed.) Wheelchairs chair lessor does not finance the wheelchair, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination. (6) "Manufacturer" means a person who manufactures or assembles wheelchairs and agents of the person, including an importer, a distributor, factory branch, distributor branch, and a warrantor of the manufacturer’s wheelchairs, but does not include a wheelchair dealer. (7) "Nonconformity" means a condition or defect that substantially impairs the use, value, or safety of a wheelchair, and that is covered by an express warranty applicable to the wheelchair or to a component of the wheelchair, but does not include a condition or defect that is the result of abuse, neglect, or unauthorized modification or alteration of the wheelchair by a consumer. (8) "Reasonable attempt to repair" means any of the following occurring within the term of an express warranty applicable to a new wheelchair or within one year after first delivery of a wheelchair to a consumer, whichever is sooner: (a) An attempted repair by the manufacturer, wheelchair lessor, or the manufacturer’s authorized dealer is made to the same warranty nonconformity at least four times and the nonconformity continues; or (b) The wheelchair is out of service for an aggregate of at least thirty days because of warranty nonconformity. (9) "Wheelchair" means a wheelchair, including a demonstrator, that a consumer purchases or accepts transfer of in this state. (10) "Wheelchair dealer" means a person who is in the business of selling wheelchairs. (11) "Wheelchair lessor" means a person who leases a wheelchair to a consumer, or who holds the lessor’s rights, under a written lease. [1995 c 14 § 1; 1994 c 104 § 1.] 19.184.020 Warranty—Implied. A manufacturer who sells a wheelchair to a consumer, either directly or through a wheelchair dealer, shall furnish the consumer with an express warranty for the wheelchair. The duration of the express warranty must be for at least one year after the first delivery of the wheelchair to the consumer. If the manufacturer fails to furnish an express warranty as required under this section, the wheelchair is covered by an implied warranty as if the manufacturer had furnished an express warranty to the consumer as required under this section. [1995 c 14 § 2; 1994 c 104 § 2.] 19.184.020 19.184.030 Failure to conform with warranty—Remedy—Disclosure of returned wheelchair. (1) If a new wheelchair does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the wheelchair lessor, or any of the manufacturer’s authorized wheelchair dealers and makes the wheelchair available for repair before one year after first delivery of the wheelchair to the consumer, the nonconformity must be repaired. (2) If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall do one of the following, whichever is appropriate: 19.184.030 (2008 Ed.) 19.184.030 (a) At the direction of a consumer described under RCW 19.184.010(2) (a), (b), or (c), do one of the following: (i) Accept return of the wheelchair and replace the wheelchair with a comparable new wheelchair and refund any collateral costs; or (ii) Accept return of the wheelchair and refund to the consumer and to a holder of a perfected security interest in the consumer’s wheelchair, as their interest may appear, the full purchase price plus any finance charge, amount paid by the consumer at the point of sale, and collateral costs, less a reasonable allowance for use. Under this subsection (2)(a)(ii), a reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the wheelchair by a fraction, the denominator of which is one thousand eight hundred twenty-five and the numerator of which is the number of days that the wheelchair was driven before the consumer first reported the nonconformity to the wheelchair dealer; or (b)(i) For a consumer described in RCW 19.184.010(2)(d), accept return of the wheelchair, refund to the wheelchair lessor and to a holder of a perfected security interest in the wheelchair, as their interest may appear, the current value of the written lease and refund to the consumer the amount that the consumer paid under the written lease plus any collateral costs, less a reasonable allowance for use. (ii) Under this subsection (2)(b), the current value of the written lease equals the total amount for which the lease obligates the consumer during the period of the lease remaining after its early termination, plus the wheelchair dealer’s early termination costs and the value of the wheelchair at the lease expiration date if the lease sets forth the value, less the wheelchair lessor’s early termination savings. (iii) Under this subsection (2)(b), a reasonable allowance for use may not exceed the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the denominator of which is one thousand eight hundred twenty-five and the numerator of which is the number of days that the consumer drove the wheelchair before first reporting the nonconformity to the manufacturer, wheelchair lessor, or wheelchair dealer. (3) To receive a comparable new wheelchair or a refund due under subsection (2)(a) of this section, a consumer described under RCW 19.184.010(2) (a), (b), or (c) shall offer to the manufacturer of the wheelchair having the nonconformity to transfer possession of the wheelchair to the manufacturer. Within thirty days after the offer, the manufacturer shall provide the consumer with a comparable new wheelchair or a refund. When the manufacturer provides a new wheelchair or refund under this subsection, the consumer shall return to the manufacturer the wheelchair having the nonconformity. (4)(a) To receive a refund due under subsection (2)(b) of this section, a consumer described under RCW 19.184.010(2)(d) shall offer to return the wheelchair having the nonconformity to its manufacturer. Within thirty days after the offer, the manufacturer shall provide the refund to the consumer. When the manufacturer provides the refund, the consumer shall return to the manufacturer the wheelchair having the nonconformity. (b) To receive a refund due under subsection (2)(b) of this section, a wheelchair lessor shall offer to transfer posses[Title 19 RCW—page 253] 19.184.040 Title 19 RCW: Business Regulations—Miscellaneous sion of the wheelchair having the nonconformity to the manufacturer. Within thirty days after the offer, the manufacturer shall provide a refund to the wheelchair lessor. When the manufacturer provides the refund, the wheelchair lessor shall provide to the manufacturer the endorsements necessary to transfer legal possession to the manufacturer. (c) A person may not enforce the lease against the consumer after the consumer receives a refund due under subsection (2)(b) of this section. (5) A person may not sell or lease again in this state a wheelchair returned by a consumer or wheelchair lessor in this state under subsection (2) of this section or by a consumer or wheelchair lessor in another state under a similar law of that state, unless full disclosure of the reasons for return is made to a prospective buyer or lessee. [1995 c 14 § 3; 1994 c 104 § 3.] 19.184.040 Rights or remedies not limited. This chapter does not limit rights or remedies available under other law to a consumer. [1994 c 104 § 4.] 19.184.040 19.184.050 Consumer waiver void. A waiver by a consumer of rights under this section is void. [1994 c 104 § 5.] 19.184.050 19.184.060 Action for damages—Pecuniary loss doubled—Costs, disbursements, attorneys’ fees, equitable relief. In addition to pursuing another remedy, a consumer may bring an action to recover damages caused by a violation of this chapter. The court shall award a consumer who prevails in an action under this section twice the amount of pecuniary loss, together with costs, disbursements, reasonable attorneys’ fees, and equitable relief that the court determines is appropriate. [1994 c 104 § 6.] 19.184.060 Chapter 19.186 Chapter 19.186 RCW ROOFING AND SIDING CONTRACTORS AND SALESPERSONS Sections 19.186.005 19.186.010 19.186.020 19.186.030 19.186.040 19.186.050 19.186.060 Findings—Intent. Definitions. Written contract—Requirements—Right to rescind—Notice. Waiting period to begin work if customer obtaining loan— Effect. Liability of contract purchaser or assignee—Notice. Violation—Consumer protection act. Liability for failure to comply with chapter. 19.186.005 Findings—Intent. The legislature finds that many homeowners are solicited by siding and roofing contractors to purchase home improvements. Some contractors misrepresent the financing terms or the cost of the improvements, preventing the homeowner from making an informed decision about whether the improvements are affordable. The result is that many homeowners face financial hardship including the loss of their homes through foreclosure. The legislature declares that this is a matter of public interest. It is the intent of the legislature to establish rules of business practice for roofing and siding contractors to promote honesty and fair dealing with homeowners. [1994 c 285 § 1.] 19.186.005 [Title 19 RCW—page 254] 19.186.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Roofing or siding contract" means an agreement between a roofing or siding contractor or salesperson and a homeowner that includes, in part, an agreement to install, repair or replace residential roofing or siding for a total cost including labor and materials in excess of one thousand dollars. This chapter does not apply to the following contracts: (a) Residential remodel or repair contracts where the cost specified for roofing or siding is less than twenty percent of the total contract price; (b) Contracts where the roofing or siding is part of a contract to build a new dwelling or an addition that provides additional living space; (c) Contracts for emergency repairs made necessary by a natural disaster such as an earthquake, wind storm, or hurricane, or after a fire in the dwelling; (d) Homes being prepared for resale; or (e) Roofing or siding contracts in which the homeowner was not directly solicited by a roofing or siding contractor or salesperson. If a roofing or siding contractor or roofing or siding salesperson generally does business by soliciting, it shall be a rebuttable presumption that any roofing or siding contract entered into with a homeowner shall have been the result of a solicitation. (2) "Roofing or siding contractor" means a person who owns or operates a contracting business that purports to install, repair, or replace or subcontracts to install, repair, or replace residential roofing or siding. (3) "Roofing or siding salesperson" means a person who solicits, negotiates, executes, or otherwise endeavors to procure a contract with a homeowner to install, repair, or replace residential roofing or siding on behalf of a roofing or siding contractor. (4) "Residential roofing or siding" means roofing or siding installation, repair or replacement for an existing singlefamily dwelling or multiple family dwelling of four or less units, provided that this does not apply to a residence under construction. (5) "Person" includes an individual, corporation, company, partnership, joint venture, or a business entity. (6) "Siding" means material used to cover the exterior walls of a residential dwelling, excluding paint application. (7)(a) "Solicit" means to initiate contact with the homeowner for the purpose of selling or installing roofing or siding by one of the following methods: (i) Door-to-door contact; (ii) Telephone contact; (iii) Flyers left at a residence; or (iv) Other promotional advertisements which offer gifts, cash, or services if the homeowner contacts the roofing or siding contractor or salesperson, except for newspaper advertisements which offer a seasonal discount. (b) "Solicit" does not include: (i) Calls made in response to a request or inquiry by the homeowner; or (ii) Calls made to homeowners who have prior business or personal contact with the residential roofing or siding contractor or salesperson. [1994 c 285 § 2.] 19.186.010 (2008 Ed.) Electronic Media Violence 19.186.020 Written contract—Requirements—Right to rescind—Notice. A roofing or siding contract shall be in writing. A copy of the contract shall be given to the homeowner at the time the homeowner signs the contract. The contract shall be typed or printed legibly and contain the following provisions: (1) An itemized list of all work to be performed; (2) The grade, quality, or brand name of materials to be used; (3) The dollar amount of the contract; (4) The name and address of the roofing or siding salesperson; (5) The name, address, and contractor’s registration number of the roofing or siding contractor; (6) A statement as to whether all or part of the work is to be subcontracted to another person; (7) The contract shall require the homeowner to disclose whether he or she intends to obtain a loan in order to pay for all or part of the amount due under the contract; (8) If the customer indicates that he or she intends to obtain a loan to pay for a portion of the roofing or siding contract, the homeowner shall have the right to rescind the contract within three business days of receiving truth-in-lending disclosures or three business days of receiving written notification that the loan application was denied, whichever date is later; and (9) The contract shall provide the following notice in ten-point boldface type in capital letters: 19.186.020 "CUSTOMER’S RIGHT TO CANCEL IF YOU HAVE INDICATED IN THIS CONTRACT THAT YOU INTEND TO OBTAIN A LOAN TO PAY FOR ALL OR PART OF THE WORK SPECIFIED IN THE CONTRACT, YOU HAVE THE RIGHT TO CHANGE YOUR MIND AND CANCEL THIS CONTRACT WI T H I N T H RE E D AY S O F T H E D AT E WHEN THE LENDER PROVIDES YOU WITH YOUR TRUTH-IN-LENDING DISCLOSURE STATEMENT OR THE DATE WHEN YOU RECEIVE WRITTEN NOTIFICATION THAT YOUR LOAN WAS DENIED. BE SURE THAT ALL PROMISES MADE BY YOUR CONTRACTOR ARE PUT IN WRITING BEFORE YOU SIGN THIS CONTRACT." [1994 c 285 § 3.] 19.186.030 Waiting period to begin work if customer obtaining loan—Effect. If the customer indicates that he or she intends to obtain a loan to pay for all or part of the cost of the roofing or siding contract, the roofing or siding contractor shall not begin work until after the homeowner’s rescission rights provided in RCW 19.186.020(9) have expired. If the roofing or siding contractor commences work under the contract before the homeowner’s rescission rights have expired, the roofing or siding contractor or salesperson shall be prohibited from enforcing terms of the contract, including claims for labor or materials, in a court of law and shall terminate any security interest or statutory lien created under the trans19.186.030 (2008 Ed.) 19.188.020 action within twenty days of receiving written rescission of the contract from the customer. [1994 c 285 § 4.] 19.186.040 Liability of contract purchaser or assignee—Notice. A person who purchases or is otherwise assigned a roofing or siding contract shall be subject to all claims and defenses with respect to the contract that the homeowner could assert against the siding or roofing contractor or salesperson. A person who sells or otherwise assigns a roofing or siding contract shall include a prominent notice of the potential liability under this section. [1994 c 285 § 5.] 19.186.040 19.186.050 Violation—Consumer protection act. The legislature finds and declares that a violation of this chapter substantially affects the public interest and is an unfair and deceptive act or practice and unfair method of competition in the conduct of trade or commerce as set forth under chapter 19.86 RCW. [1994 c 285 § 6.] 19.186.050 19.186.060 Liability for failure to comply with chapter. A roofing or siding contractor or salesperson who fails to comply with the requirements of this chapter shall be liable to the homeowner for any actual damages sustained by the person as a result of the failure. Nothing in this section shall limit any cause of action or remedy available under RCW 19.186.050 or chapter 19.86 RCW. [1994 c 285 § 7.] 19.186.060 Chapter 19.188 Chapter 19.188 RCW ELECTRONIC MEDIA VIOLENCE Sections 19.188.010 19.188.020 19.188.030 19.188.040 Finding. Television time/channel locks. Library access policies. Video game rating system—Video game retailers shall post signs—Location—Information. 19.188.010 Finding. The legislature finds that, to the extent that electronic media, including television, motion pictures, video games, and entertainment uses of virtual reality are conducive to increased violent behaviors, especially in children, the state has a duty to protect the public health and safety. Many parents, educators, and others are concerned about protecting children and youth from the negative influences of the media, and want more information about media content and more control over media contact with their children. [1994 sp.s. c 7 § 801.] 19.188.010 Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540. 19.188.020 Television time/channel locks. All new televisions sold in this state after January 1, 1995, shall be equipped with a time/channel lock or shall be sold with an offer to the customer to purchase a channel blocking device, or other device that enables a person to regulate a child’s access to unwanted television programming. All cable television companies shall make available to all customers at the company’s cost the opportunity to purchase a channel blocking device, or other device that enables a person to regulate a 19.188.020 [Title 19 RCW—page 255] 19.188.030 Title 19 RCW: Business Regulations—Miscellaneous child’s access to unwanted television programming. The commercial television sellers and cable television companies shall offer time/channel locks to their customers, when these devices are available. Notice of this availability shall be clearly made to all existing customers and to all new customers at the time of their signing up for service. [1994 sp.s. c 7 § 803.] Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540. 19.188.030 Library access policies. The legislature finds that, as a matter of public health and safety, access by minors to violent videos and violent video games is the responsibility of parents and guardians. Public libraries, with the exception of university, college, and community college libraries, shall establish policies on minors’ access to violent videos and violent video games. Libraries shall make their policies known to the public in their communities. Each library system shall formulate its own policies, and may, in its discretion, include public hearings, consultation with community networks as defined under chapter 70.190 RCW, or consultation with the Washington library association in the development of its policies. [1994 sp.s. c 7 § 806.] 19.188.030 Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540. 19.188.040 Video game rating system—Video game retailers shall post signs—Location—Information. (1) The definitions in this subsection apply throughout this section. (a) "Video game" means an object or device that stores recorded data or instructions, receives data or instructions generated by a person who uses it, and, by processing the data or instructions, creates an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, console, or other technology. (b) "Video game retailer" means a person who sells or rents video games to the public. (c) "Point of sale" means the location in the retail establishment at which a transaction occurs resulting in the sale or rental of a video game. (2) Every video game retailer shall post signs providing information to consumers about the existence of a nationally recognized video game rating system, or notifying consumers that a rating system is available, to aid in the selection of a game if such a rating system is in existence. (3) The signs shall be posted within the retail establishment in prominent areas near the video game displays and points of sale. The signs and lettering shall be clearly visible to consumers at these locations. (4) A video game retailer shall make available to consumers, upon request, information that explains the video game rating system. [2005 c 230 § 1.] 19.188.040 Chapter 19.190 Chapter 19.190 RCW COMMERCIAL ELECTRONIC MAIL Sections 19.190.010 19.190.020 Definitions. Unpermitted or misleading electronic mail—Prohibition. [Title 19 RCW—page 256] 19.190.030 19.190.040 19.190.050 19.190.060 19.190.070 19.190.080 19.190.090 19.190.100 19.190.110 Unpermitted or misleading electronic mail—Violation of consumer protection act. Violations—Damages. Blocking of commercial electronic mail by interactive computer service—Immunity from liability. Commercial electronic text message—Prohibition on initiation or assistance—Violation of consumer protection act. Commercial electronic text message—When allowed. Personally identifying information—Violation of chapter. Civil actions. Violation—Consumer protection act. Intent—Preemption of local laws. 19.190.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Assist the transmission" means actions taken by a person to provide substantial assistance or support which enables any person to formulate, compose, send, originate, initiate, or transmit a commercial electronic mail message or a commercial electronic text message when the person providing the assistance knows or consciously avoids knowing that the initiator of the commercial electronic mail message or the commercial electronic text message is engaged, or intends to engage, in any practice that violates the consumer protection act. "Assist the transmission" does not include any of the following: (a) Activities of an electronic mail service provider or other entity who provides intermediary transmission service in sending or receiving electronic mail, or provides to users of electronic mail services the ability to send, receive, or compose electronic mail; or (b) activities of any entity related to the design, manufacture, or distribution of any technology, product, or component that has a commercially significant use other than to violate or circumvent this section. (2) "Commercial electronic mail message" means an electronic mail message sent for the purpose of promoting real property, goods, or services for sale or lease. It does not mean an electronic mail message to which an interactive computer service provider has attached an advertisement in exchange for free use of an electronic mail account, when the sender has agreed to such an arrangement. (3) "Commercial electronic text message" means an electronic text message sent to promote real property, goods, or services for sale or lease. (4) "Electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered. (5) "Electronic mail message" means an electronic message sent to an electronic mail address and a reference to an internet domain, whether or not displayed, to which an electronic mail message can be sent or delivered. (6) "Electronic text message" means a text message sent to a cellular telephone or pager equipped with short message service or any similar capability, whether the message is initiated as a short message service message or as an electronic mail message. (7) "Initiate the transmission" refers to the action by the original sender of an electronic mail message or an electronic text message, not to the action by any intervening interactive computer service or wireless network that may handle or retransmit the message, unless such intervening interactive computer service assists in the transmission of an electronic mail message when it knows, or consciously avoids knowing, 19.190.010 (2008 Ed.) Commercial Electronic Mail that the person initiating the transmission is engaged, or intends to engage, in any act or practice that violates the consumer protection act. (8) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions. (9) "Internet" means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, that comprise the interconnected world wide network of networks that employ the transmission control protocol/internet protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio. (10) "Internet domain name" refers to a globally unique, hierarchical reference to an internet host or service, assigned through centralized internet naming authorities, comprising a series of character strings separated by periods, with the right-most string specifying the top of the hierarchy. (11) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, public corporation, or any other legal or commercial entity. (12) "Personally identifying information" means an individual’s: (a) Social security number; (b) driver’s license number; (c) bank account number; (d) credit or debit card number; (e) personal identification number; (f) automated or electronic signature; (g) unique biometric data; (h) account passwords; or (i) any other piece of information that can be used to access an individual’s financial accounts or to obtain goods or services. (13) "Web page" means a location, with respect to the world wide web, that has a single uniform resource locator or other single location with respect to the internet. [2005 c 378 § 1; 2003 c 137 § 2; 1999 c 289 § 1; 1998 c 149 § 2.] Severability—2005 c 378: See note following RCW 19.190.080. Intent—2003 c 137: See note following RCW 19.190.060. 19.190.020 Unpermitted or misleading electronic mail—Prohibition. (1) No person may initiate the transmission, conspire with another to initiate the transmission, or assist the transmission, of a commercial electronic mail message from a computer located in Washington or to an electronic mail address that the sender knows, or has reason to know, is held by a Washington resident that: (a) Uses a third party’s internet domain name without permission of the third party, or otherwise misrepresents or obscures any information in identifying the point of origin or the transmission path of a commercial electronic mail message; or (b) Contains false or misleading information in the subject line. (2) For purposes of this section, a person knows that the intended recipient of a commercial electronic mail message is a Washington resident if that information is available, upon request, from the registrant of the internet domain name con- 19.190.060 tained in the recipient’s electronic mail address. [1999 c 289 § 2; 1998 c 149 § 3.] 19.190.030 Unpermitted or misleading electronic mail—Violation of consumer protection act. (1) It is a violation of the consumer protection act, chapter 19.86 RCW, to conspire with another person to initiate the transmission or to initiate the transmission of a commercial electronic mail message that: (a) Uses a third party’s internet domain name without permission of the third party, or otherwise misrepresents or obscures any information in identifying the point of origin or the transmission path of a commercial electronic mail message; or (b) Contains false or misleading information in the subject line. (2) It is a violation of the consumer protection act, chapter 19.86 RCW, to assist in the transmission of a commercial electronic mail message, when the person providing the assistance knows, or consciously avoids knowing, that the initiator of the commercial electronic mail message is engaged, or intends to engage, in any act or practice that violates the consumer protection act. (3) The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW. [1999 c 289 § 3; 1998 c 149 § 4.] 19.190.030 19.190.040 Violations—Damages. (1) Damages to the recipient of a commercial electronic mail message or a commercial electronic text message sent in violation of this chapter are five hundred dollars, or actual damages, whichever is greater. (2) Damages to an interactive computer service resulting from a violation of this chapter are one thousand dollars, or actual damages, whichever is greater. [2003 c 137 § 5; 1998 c 149 § 5.] 19.190.040 19.190.020 (2008 Ed.) Intent—2003 c 137: See note following RCW 19.190.060. 19.190.050 Blocking of commercial electronic mail by interactive computer service—Immunity from liability. (1) An interactive computer service may, upon its own initiative, block the receipt or transmission through its service of any commercial electronic mail that it reasonably believes is, or will be, sent in violation of this chapter. (2) No interactive computer service may be held liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any commercial electronic mail which it reasonably believes is, or will be, sent in violation of this chapter. [1998 c 149 § 6.] 19.190.050 19.190.060 Commercial electronic text message— Prohibition on initiation or assistance—Violation of consumer protection act. (1) No person conducting business in the state may initiate or assist in the transmission of an elec19.190.060 [Title 19 RCW—page 257] 19.190.070 Title 19 RCW: Business Regulations—Miscellaneous tronic commercial text message to a telephone number assigned to a Washington resident for cellular telephone or pager service that is equipped with short message capability or any similar capability allowing the transmission of text messages. (2) The legislature finds that the practices covered by this section are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this section is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW. [2003 c 137 § 3.] Intent—2003 c 137: "The legislature recognizes that the number of unsolicited commercial text messages sent to cellular telephones and pagers is increasing. This practice is raising serious concerns on the part of cellular telephone and pager subscribers. These unsolicited messages often result in costs to the cellular telephone and pager subscribers in that they pay for use when a message is received through their devices. The limited memory of these devices can be exhausted by unwanted text messages resulting in the inability to receive necessary and expected messages. The legislature intents to limit the practice of sending unsolicited commercial text messages to cellular telephone or pager numbers in Washington." [2003 c 137 § 1.] 19.190.070 Commercial electronic text message— When allowed. (1) It is not a violation of RCW 19.190.060 if: (a) The commercial electronic text message is transmitted at the direction of a person offering cellular telephone or pager service to the person’s existing subscriber at no cost to the subscriber unless the subscriber has indicated that he or she is not willing to receive further commercial text messages from the person; or (b) The unsolicited commercial electronic text message is transmitted by a person to a subscriber and the subscriber has clearly and affirmatively consented in advance to receive these text messages. (2) No person offering cellular or pager service may be held liable for serving merely as an intermediary between the sender and the recipient of a commercial electronic text message sent in violation of this chapter unless the person is assisting in the transmission of the commercial electronic text message. [2003 c 137 § 4.] 19.190.070 dred dollars per violation, or actual damages, whichever is greater. A person who seeks damages under this subsection may only bring an action against a person or entity that directly violates RCW 19.190.080. (2) A person engaged in the business of providing internet access service to the public, an owner of a web page, or trademark owner who is adversely affected by reason of a violation of RCW 19.190.080, may bring an action against a person who violates RCW 19.190.080 to: (a) Enjoin further violations of RCW 19.190.080; and (b) Recover the greater of actual damages or five thousand dollars per violation of RCW 19.190.080. (3) In an action under subsection (2) of this section, a court may increase the damages up to three times the damages allowed by subsection (2) of this section if the defendant has engaged in a pattern and practice of violating this section. The court may award costs and reasonable attorneys’ fees to a prevailing party. [2005 c 378 § 3.] Severability—2005 c 378: See note following RCW 19.190.080. 19.190.100 Violation—Consumer protection act. The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business, and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW. [2005 c 378 § 4.] 19.190.100 Severability—2005 c 378: See note following RCW 19.190.080. 19.190.110 Intent—Preemption of local laws. It is the intent of the legislature that this chapter is a matter of statewide concern. This chapter supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city and county, municipality, or local agency regarding the practices covered by this chapter and notices to consumers from computer software providers regarding information collection. [2005 c 378 § 5.] 19.190.110 Severability—2005 c 378: See note following RCW 19.190.080. Chapter 19.192 Intent—2003 c 137: See note following RCW 19.190.060. Chapter 19.192 RCW PROOF OF IDENTITY Sections 19.190.080 Personally identifying information—Violation of chapter. It is a violation of this chapter to solicit, request, or take any action to induce a person to provide personally identifying information by means of a web page, electronic mail message, or otherwise using the internet by representing oneself, either directly or by implication, to be another person, without the authority or approval of such other person. [2005 c 378 § 2.] 19.190.080 Severability—2005 c 378: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2005 c 378 § 6.] 19.190.090 Civil actions. (1) A person who is injured under this chapter may bring a civil action in the superior court to enjoin further violations, and to seek up to five hun19.190.090 [Title 19 RCW—page 258] 19.192.010 19.192.020 Identification cards—Distinguishing official and not official proofs of identification—Penalties. Verification of identity by merchant/retailer—Prohibition on verification void. 19.192.010 Identification cards—Distinguishing official and not official proofs of identification—Penalties. (1) Any person or entity, other than those listed in subsection (2) of this section, issuing an identification card that purports to identify the holder as a resident of this or any other state and that contains at least a name, photograph, and date of birth, must label the card "not official proof of identification" in flourescent yellow ink, on the face of the card, and in not less than fourteen-point font. The background color of the card must be a color other than the color used for official Washington state driver’s licenses and identicards. 19.192.010 (2008 Ed.) Trade-In or Exchange of Computer Hardware (2) This section does not apply to the following persons and entities: (a) Department of licensing; (b) Any federal, state, or local government agency; (c) The Washington state liquor control board; (d) Private employers issuing cards identifying employees; (e) Banks and credit card companies issuing credit, debit, or bank cards containing a person’s photograph; and (f) Retail or wholesale stores issuing membership cards containing a person’s photograph. (3) Failure to comply with this section is a class 1 civil infraction. [1998 c 24 § 1.] 19 .1 92.02 0 Verif ica tio n o f identit y by merchant/retailer—Prohibition on verification void. (1) Any provision of a contract between a merchant or retailer and a credit or debit card issuer, financial institution, or other person that prohibits the merchant or retailer from verifying the identity of a customer who offers to pay for goods or services with a credit or debit card by requiring or requesting that the customer present additional identification is void for violation of public policy. (2) Nothing in this section shall be interpreted as: (a) Compelling merchants or retailers to verify identification; or (b) interfering with the ability of the owner or manager of a retail store or chain to make and enforce its own policies regarding verification of identification. [2003 c 89 § 2.] 19.192.020 Findings—2003 c 89: "The legislature finds that financial fraud is too common, and that it threatens the safety and well-being of the public by driving up the costs of goods and services and unduly burdening the law enforcement community. Further, the legislature finds that financial fraud can be deterred by allowing retailers to verify the identity of persons who seek to pay for goods or services with a credit or debit card. Finally, the legislature finds that some retailers are deterred from verifying their customers’ identity by contractual arrangements with credit card issuers. The legislature declares that such contracts violate the public policy that all citizens should be able to take reasonable steps to prevent themselves and their communities from falling victim to crime." [2003 c 89 § 1.] Chapter 19.194 Chapter 19.194 RCW 19.194.030 (c) The name of the person or employee or the identification number of the person or employee conducting the transaction; and (d) The name, date of birth, and address and telephone number of the person with whom the transaction is made. (2) This record is open to the inspection of any commissioned law enforcement officer of the state or any of its political subdivisions, and will be maintained for a period of one year following the date of the transaction. (3) As used in this section: (a) "Computer" means a programmable electronic machine that performs high-speed mathematical or logical operation or that assembles, stores, correlates, or otherwise processes information. (b) "Computer hardware" means a computer and the associated physical equipment involved in the performance of data processing or communications functions. The term does not include computer software. [1998 c 134 § 1.] Reviser’s note: 1998 c 134 § 5 directed that sections 1 through 4 be added to chapter 62A.2 RCW. The placement into the uniform code appears inappropriate and sections 1 through 4 have been codified as chapter 19.194 RCW. 19.194.020 Record of transactions—Provided upon request—Forms and format—Lost or stolen hardware. (1) Upon request, every retailer doing business in this state that accepts for trade-in or exchange computer hardware shall furnish a full, true, and correct transcript of the record of all transactions conducted, under RCW 19.194.010, on the proceeding [preceding] day. These transactions shall be recorded on such forms as may be provided and in such format as may be required by the chief of police or the county’s chief law enforcement officer within a specified time but not less than twenty-four hours. (2) If a retailer has good cause to believe that any computer hardware in their possession has been previously lost or stolen, the retailer shall promptly report that fact to the applicable chief of police or the county’s chief law enforcement officer, together with the name of the owner, if known, and the date when, and the name of the person from whom, it was received. [1998 c 134 § 2.] 19.194.020 TRADE-IN OR EXCHANGE OF COMPUTER HARDWARE Reviser’s note: 1998 c 134 § 5 directed that sections 1 through 4 be added to chapter 62A.2 RCW. The placement into the uniform code appears inappropriate and sections 1 through 4 have been codified as chapter 19.194 RCW. Recordkeeping by retail establishments—Contents—Inspection—Definitions. Record of transactions—Provided upon request—Forms and format—Lost or stolen hardware. Prohibited acts—Gross misdemeanor. Application. 19.194.030 Prohibited acts—Gross misdemeanor. It is a gross misdemeanor under chapter 9A.20 RCW for: (1) Any person to remove, alter, or obliterate any manufacturer’s make, model, or serial number, personal identification number, or identifying marks engraved or etched upon the computer hardware that is received as a trade-in or in exchange on the purchase of other computer hardware of greater value. In addition a retailer shall not accept any computer hardware as a trade-in or in exchange on the purchase of other computer hardware of greater value where the manufacturer’s make, model, or serial number, personal identification number, or identifying marks engraved or etched upon the computer hardware has been removed, altered, or obliterated; (2) Any person to knowingly make, cause, or allow to be made any false entry or misstatement of any material matter Sections 19.194.010 19.194.020 19.194.030 19.194.040 19.194.010 Recordkeeping by retail establishments—Contents—Inspection—Definitions. (1) Any retail establishment doing business in this state that accepts for trade-in or exchange any computer hardware for the purchase of other computer hardware of greater value shall maintain, at the time of each transaction, a record of the following information: (a) The signature of the person with whom the transaction is made; (b) The date of the transaction; 19.194.010 (2008 Ed.) 19.194.030 [Title 19 RCW—page 259] 19.194.040 Title 19 RCW: Business Regulations—Miscellaneous in any book, record, or writing required to be kept under this chapter; or (3) Any person to knowingly violate any other provision of this chapter. [1998 c 134 § 3.] held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [2000 c 163 § 3.] Reviser’s note: 1998 c 134 § 5 directed that sections 1 through 4 be added to chapter 62A.2 RCW. The placement into the uniform code appears inappropriate and sections 1 through 4 have been codified as chapter 19.194 RCW. 19.200.901 Effective date—2000 c 163. This act takes effect July 1, 2001. [2000 c 163 § 4.] 19.200.901 Chapter 19.205 RCW STRUCTURED SETTLEMENT PROTECTION Chapter 19.205 19.194.040 Application. RCW 19.194.010 through 19.194.030 do not apply to trade-in or exchange of computers, or computer hardware, between consumers and retailers, or their branch facilities, when the computer or computer hardware was originally purchased from that same retailer. [1998 c 134 § 4.] 19.194.040 Reviser’s note: 1998 c 134 § 5 directed that sections 1 through 4 be added to chapter 62A.2 RCW. The placement into the uniform code appears inappropriate and sections 1 through 4 have been codified as chapter 19.194 RCW. Chapter 19.200 RCW AUTOMATED FINANCIAL TRANSACTIONS Chapter 19.200 Sections 19.200.010 19.200.900 19.200.901 Findings—Intent—Restrictions on credit card receipts— Application—Definition. Severability—2000 c 163. Effective date—2000 c 163. 19.200.010 Findings—Intent—Restrictions on credit card receipts—Application—Definition. (1) The legislature finds that credit is an important tool for consumers in today’s economy, particularly the use of credit cards. The legislature also finds that unscrupulous persons often fraudulently use the credit card accounts of others by stealing the credit card itself or by obtaining the necessary information to fraudulently charge the purchase of goods and services to another person’s credit card account. The legislature intends to provide some protection for consumers from the latter by limiting the information that can appear on a credit card receipt. (2) No person that accepts credit cards for the transaction of business shall print more than the last five digits of the credit card account number or print the credit card expiration date on a credit card receipt to the cardholder. (3) This section shall apply only to receipts that are electronically printed and shall not apply to transactions in which the sole means of recording the credit card number is by handwriting or by an imprint or copy of the credit card. (4) For purposes of chapter 163, Laws of 2000, "credit card" means a card or device existing for the purpose of obtaining money, property, labor, or services on credit. (5) This section applies on July 1, 2001, to any cash register or other machine or device that electronically prints receipts on credit card transactions and is placed into service on or after July 1, 2001, and on July 1, 2004, to any cash register or other machine or device that electronically prints receipts on credit card transactions and is placed into service prior to July 1, 2001. [2000 c 163 § 1.] 19.200.010 19.200.900 Severability—2000 c 163. If any provision of this act or its application to any person or circumstance is 19.200.900 [Title 19 RCW—page 260] Sections 19.205.010 19.205.020 19.205.030 19.205.040 19.205.050 19.205.060 19.205.900 Definitions. Disclosure statement—Content. Structured settlement payment rights—Transfer—Order— Express findings. Posttransfer of rights—Liabilities—Requirements. Application/approval of transfer—Notice—Content. Transfer agreements—Further provisions. Short title. 19.205.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Annuity issuer" means an insurer that has issued a contract to fund periodic payments under a structured settlement. (2) "Dependents" means a payee’s spouse and minor children and all other persons for whom the payee is legally obligated to provide support, including alimony. (3) "Discounted present value" means the present value of future payments determined by discounting such payments to the present using the most recently published applicable federal rate for determining the present value of an annuity, as issued by the United States internal revenue service. (4) "Gross advance amount" means the sum payable to the payee or for the payee’s account as consideration for a transfer of structured settlement payment rights before any reductions for transfer expenses or other deductions to be made from such consideration. (5) "Independent professional advice" means advice of an attorney, certified public accountant, actuary, or other licensed professional adviser. (6) "Interested parties" means, with respect to any structured settlement, the payee, any beneficiary irrevocably designated under the annuity contract to receive payments following the payee’s death, the annuity issuer, the structured settlement obligor, and any other party that has continuing rights or obligations under such structured settlement. (7) "Net advance amount" means the gross advance amount less the aggregate amount of the actual and estimated transfer expenses required to be disclosed under RCW 19.205.020(5). (8) "Payee" means an individual who is receiving taxfree payments under a structured settlement and proposes to make a transfer of payment rights thereunder. (9) "Periodic payments" means (a) recurring payments and (b) scheduled future lump sum payments. (10) "Qualified assignment agreement" means an agreement providing for a qualified assignment within the meaning of section 130 of the United States internal revenue code (26 U.S.C. Sec. 130), as amended. 19.205.010 (2008 Ed.) Structured Settlement Protection (11) "Responsible administrative authority" means, with respect to a structured settlement, any government authority vested by law with exclusive jurisdiction over the settled claim resolved by such structured settlement. (12) "Settled claim" means the original tort claim or workers’ compensation claim resolved by a structured settlement. (13) "Structured settlement" means an arrangement for periodic payment of compensation for injuries or sickness as described in 26 U.S.C. Sec. 104(a)(1) or (2), as amended, or an arrangement for periodic payment of benefits under a special needs trust as described in 42 U.S.C. Sec. 1396p(d)(4), as amended. (14) "Structured settlement agreement" means the agreement, judgment, stipulation, or release embodying the terms of a structured settlement. (15) "Structured settlement obligor" means, with respect to any structured settlement, the party that has the continuing obligation to make periodic payments to the payee under a structured settlement agreement or a qualified assignment agreement. (16) "Structured settlement payment rights" means rights to receive periodic payments under a structured settlement, whether from the structured settlement obligor or the annuity issuer, if: (a) The payee is domiciled in, or the domicile or principal place of business of the structured settlement obligor or the annuity issuer is located in, this state; (b) The structured settlement agreement was approved by a court or responsible administrative authority in this state; or (c) The structured settlement agreement is expressly governed by the laws of this state. (17) "Terms of the structured settlement" means, with respect to any structured settlement, the terms of the structured settlement agreement, the annuity contract, any qualified assignment agreement and any order or other approval of any court or responsible administrative authority or other government authority that authorized or approved such structured settlement. (18) "Transfer" means any sale, assignment, pledge, hypothecation or other alienation or encumbrance of structured settlement payment rights made by a payee for consideration. However, "transfer" does not mean the creation or perfection of a security interest in structured settlement payment rights under a blanket security agreement entered into with an insured depository institution, in the absence of any action to redirect the structured settlement payments to such insured depository institution, or an agent or successor in interest thereof, or otherwise to enforce such blanket security interest against the structured settlement payment rights. (19) "Transfer agreement" means the agreement providing for a transfer of structured settlement payment rights. (20) "Transfer expenses" means all expenses of a transfer that are required under the transfer agreement to be paid by the payee or deducted from the gross advance amount, including, without limitation, court filing fees, attorneys’ fees, escrow fees, lien recordation fees, judgment and lien search fees, finders’ fees, commissions, and other payments to a broker or other intermediary. "Transfer expenses" does (2008 Ed.) 19.205.040 not mean preexisting obligations of the payee payable for the payee’s account from the proceeds of a transfer. (21) "Transferee" means a party acquiring or proposing to acquire structured settlement payment rights through a transfer. [2001 c 178 § 2.] 19.205.020 Disclosure statement—Content. Not less than three days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than fourteen points, setting forth: (1) The amounts and due dates of the structured settlement payments to be transferred; (2) The aggregate amount of such payments; (3) The discounted present value of the payments to be transferred, which shall be identified as the "calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities," and the amount of the applicable federal rate used in calculating such discounted present value; (4) The gross advance amount; (5) An itemized listing of all applicable transfer expenses, other than attorneys’ fees and related disbursements payable in connection with the transferee’s application for approval of the transfer, and the transferee’s best estimate of the amount of any such fees and disbursements; (6) The net advance amount; (7) The amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee; and (8) A statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the third business day after the date the agreement is signed by the payee. [2001 c 178 § 3.] 19.205.020 19.205.030 Structured settlement payment rights— Transfer—Order—Express findings. A direct or indirect transfer of structured settlement payment rights is not effective and a structured settlement obligor or annuity issuer is not required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order or order of a responsible administrative authority based on express findings by such court or responsible administrative authority that: (1) The transfer is in the best interest of the payee, taking into account the welfare and support of the payee’s dependents; (2) The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received such advice or knowingly waived such advice in writing; and (3) The transfer does not contravene any applicable statute or the order of any court or other government authority. [2001 c 178 § 4.] 19.205.030 19.205.040 Posttransfer of rights—Liabilities— Requirements. Following a transfer of structured settlement payment rights under this chapter: 19.205.040 [Title 19 RCW—page 261] 19.205.050 Title 19 RCW: Business Regulations—Miscellaneous (1) The structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payments; (2) The transferee shall be liable to the structured settlement obligor and the annuity issuer: (a) If the transfer contravenes the terms of the structured settlement, for any taxes incurred by such parties as a consequence of the transfer; and (b) For any other liabilities or costs, including reasonable costs and attorneys’ fees, arising from compliance by such parties with the order of the court or responsible administrative authority or arising as a consequence of the transferee’s failure to comply with this chapter; (3) Neither the annuity issuer nor the structured settlement obligor may be required to divide any periodic payment between the payee and any transferee or assignee or between two, or more, transferees or assignees; and (4) Any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of this chapter. [2001 c 178 § 5.] 19.205.050 Application/approval of transfer— Notice—Content. (1) An application under this chapter for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought in the county in which the payee resides, in the county in which the structured settlement obligor or the annuity issuer maintains its principal place of business, or in any court or before any responsible administrative authority which approved the structured settlement agreement. (2) Not less than twenty days prior to the scheduled hearing on any application for approval of a transfer of structured settlement payment rights under RCW 19.205.030, the transferee shall file with the court or responsible administrative authority and serve on all interested parties a notice of the proposed transfer and the application for its authorization, including with such notice: (a) A copy of the transferee’s application; (b) A copy of the transfer agreement; (c) A copy of the disclosure statement required under RCW 19.205.020; (d) A listing of each of the payee’s dependents, together with each dependent’s age; (e) Notification that any interested party is entitled to support, oppose, or otherwise respond to the transferee’s application, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing; and (f) Notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed, which may not be less than fifteen days after service of the transferee’s notice, in order to be considered by the court or responsible administrative authority. [2001 c 178 § 6.] 19.205.050 19.205.060 Transfer agreements—Further provisions. (1) The provisions of this chapter may not be waived by any payee. 19.205.060 [Title 19 RCW—page 262] (2) Any transfer agreement entered into on or after July 22, 2001, by a payee who resides in this state shall provide that disputes under such transfer agreement, including any claim that the payee has breached the agreement, shall be determined in and under the laws of this state. Such a transfer agreement may not authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee. (3) Transfer of structured settlement payment rights do not extend to any payments that are life contingent unless, prior to the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the annuity issuer and the structured settlement obligor for (a) periodically confirming the payee’s survival, and (b) giving the annuity issuer and the structured settlement obligor prompt written notice in the event of the payee’s death. (4) No payee who proposes to make a transfer of structured settlement payment rights may incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee or any assignee based on any failure of such a transfer to satisfy the conditions of this chapter. (5) This chapter does not authorize any transfer of structured settlement payment rights in contravention of any law, nor does it imply that any transfer under a transfer agreement entered into prior to July 22, 2001, is valid or invalid. (6) Compliance with the requirements set forth in RCW 19.205.020 and fulfillment of the conditions set forth in RCW 19.205.030 is the sole responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer bear any responsibility for, or any liability arising from, noncompliance with the requirements or failure to fulfill the conditions. [2001 c 178 § 7.] 19.205.900 Short title. This chapter may be known and cited as the structured settlement protection act. [2001 c 178 § 1.] 19.205.900 Chapter 19.210 Chapter 19.210 RCW UNUSED PROPERTY MERCHANTS Sections 19.210.010 19.210.020 19.210.030 19.210.040 Definitions. Prohibited sales. Chapter not applicable—Trade show, certain persons. Penalties. 19.210.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1)(a) "Unused property market" means any event: (i) At which two or more persons offer personal property for sale or exchange and at which (A) these persons are charged a fee for sale or exchange of personal property or (B) prospective buyers are charged a fee for admission to the area at which personal property is offered or displayed for sale or exchange; or (ii) Regardless of the number of persons offering or displaying personal property or the absence of fees, at which 19.210.010 (2008 Ed.) Disposal of Personal Information personal property is offered or displayed for sale or exchange if the event is held more than six times in any twelve-month period. (b) "Unused property market" is interchangeable with and applicable to swap meet, indoor swap meet, flea market, or other similar terms, regardless of whether these events are held inside a building or outside in the open. The primary characteristic is that these activities involve a series of sales sufficient in number, scope, and character to constitute a regular course of business. (c) "Unused property market" does not include: (i) An event that is organized for the exclusive benefit of any community chest, fund, foundation, association, or corporation organized and operated for religious, educational, or charitable purposes, provided that no part of any admission fee or parking fee charged vendors or prospective purchasers or the gross receipts or net earnings from the sale or exchange of personal property, whether in the form of a percentage of the receipts or earnings, as salary, or otherwise, inures to the benefit of any private shareholder or person participating in the organization or conduct of the event; or (ii) An event at which all of the personal property offered for sale or displayed is new, and all persons selling or exchanging personal property, or offering or displaying personal property for sale or exchange, are manufacturers or authorized representatives of manufacturers or distributors. (2) "Unused property merchant" means any person, other than a vendor or merchant with an established retail store in the county, who transports an inventory of goods to a building, vacant lot, or other unused property market location and who, at that location, displays the goods for sale and sells the goods at retail or offers the goods for sale at retail, except a person who offers five or fewer items of the same new and unused merchandise for sale or exchange at an unused property market. (3) "Baby food" or "infant formula" means any food manufactured, packaged, and labeled specifically for sale for consumption by a child under the age of two years. (4) "Nonprescription drug," which may also be referred to as an over-the-counter drug, means any nonnarcotic medicine or drug that may be sold without a prescription and is prepackaged for use by the consumer, prepared by the manufacturer or producer for use by the consumer, and required to be properly labeled and unadulterated in accordance with the requirements of the state food and drug laws and the federal food, drug, and cosmetic act. "Nonprescription drug" does not include herbal products, dietary supplements, botanical extracts, or vitamins. (5) "Medical device" means any instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, tool, or other similar or related article, including any component part or accessory, which is required under federal law to bear the label "caution: federal law requires dispensing by or on the order of a physician"; or which is defined by federal law as a medical device and is intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment, or prevention of disease in man or animals or is intended to affect the structure or any function of the body of man or animals, which does not achieve any of its principal intended purposes through chemical action within or on the body of man or animals and which is not dependent upon (2008 Ed.) 19.215.010 being metabolized for achievement of any of its principal intended purposes. [2001 c 160 § 1.] 19.210.020 Prohibited sales. No unused property merchant shall offer at an unused property market for sale or knowingly permit the sale of baby food, infant formula, cosmetics, nonprescription drugs, or medical devices. This section does not apply to a person who keeps available for public inspection a written authorization identifying that person as an authorized representative of the manufacturer or distributor of such product, as long as the authorization is not false, fraudulent, or fraudulently obtained. [2001 c 160 § 2.] 19.210.020 19.210.030 Chapter not applicable—Trade show, certain persons. This chapter does not apply to: (1) Business conducted in any industry or association trade show; or (2) Anyone who sells by sample, catalog, or brochure for future delivery. [2001 c 160 § 3.] 19.210.030 19.210.040 Penalties. (1) A first violation of this chapter is a misdemeanor. (2) A second violation of this chapter within five years is a gross misdemeanor. (3) A third or subsequent violation of this chapter within five years is a class C felony. [2001 c 160 § 4.] 19.210.040 Chapter 19.215 RCW DISPOSAL OF PERSONAL INFORMATION Chapter 19.215 Sections 19.215.005 19.215.010 19.215.020 19.215.030 Finding. Definitions. Destruction of information—Liability—Exception—Civil action. Compliance with federal regulations. 19.215.005 Finding. The legislature finds that the careless disposal of personal information by commercial, governmental, or other entities poses a significant threat of identity theft, thus risking a person’s privacy, financial security, and other interests. The alarming increase in identity theft crimes and other problems associated with the improper disposal of personal information can be traced, in part, to disposal policies and methods that make it easy for unscrupulous persons to obtain and use that information to the detriment of the public. Accordingly, the legislature declares that all organizations and individuals have a continuing obligation to ensure the security and confidentiality of personal information during the process of disposing of that information. [2002 c 90 § 1.] 19.215.005 19.215.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Entity" includes a sole proprietor, partnership, corporation, limited liability company, trust, association, financial institution, governmental entity, other than the federal government, and any other individual or group, engaged in a trade, occupation, enterprise, governmental function, or sim19.215.010 [Title 19 RCW—page 263] 19.215.020 Title 19 RCW: Business Regulations—Miscellaneous ilar activity in this state, however organized and whether organized to operate at a profit. (2) "Destroy personal information" means shredding, erasing, or otherwise modifying personal information in records to make the personal information unreadable or undecipherable through any reasonable means. (3) "Individual" means a natural person, except that if the individual is under a legal disability, "individual" includes a parent or duly appointed legal representative. (4) "Personal financial" and "health information" mean information that is identifiable to an individual and that is commonly used for financial or health care purposes, including account numbers, access codes or passwords, information gathered for account security purposes, credit card numbers, information held for the purpose of account access or transaction initiation, or information that relates to medical history or status. (5) "Personal identification number issued by a government entity" means a tax identification number, social security number, driver’s license or permit number, state identification card number issued by the department of licensing, or any other number or code issued by a government entity for the purpose of personal identification that is protected and is not available to the public under any circumstances. (6) "Record" includes any material, regardless of the physical form, on which information is recorded or preserved by any means, including in written or spoken words, graphically depicted, printed, or electromagnetically transmitted. "Record" does not include publicly available directories containing information an individual has voluntarily consented to have publicly disseminated or listed, such as name, address, or telephone number. [2002 c 90 § 2.] 19.215.020 Destruction of information—Liability— Exception—Civil action. (1) An entity must take all reasonable steps to destroy, or arrange for the destruction of, personal financial and health information and personal identification numbers issued by government entities in an individual’s records within its custody or control when the entity is disposing of records that it will no longer retain. (2) An entity is not liable under this section for records it has relinquished to the custody and control of the individual to whom the records pertain. (3) This subsection [section] does not apply to the disposal of records by a transfer of the records, not otherwise prohibited by law, to another entity, including a transfer to archive or otherwise preserve public records as required by law. (4) An individual injured by the failure of an entity to comply with subsection (1) of this section may bring a civil action in a court of competent jurisdiction. The court may: (a) If the failure to comply is due to negligence, award a penalty of two hundred dollars or actual damages, whichever is greater, and costs and reasonable attorneys’ fees; and (b) If the failure to comply is willful, award a penalty of six hundred dollars or damages equal to three times actual damages, whichever is greater, and costs and reasonable attorneys’ fees. However, treble damages may not exceed ten thousand dollars. (5) An individual having reason to believe that he or she may be injured by an act or failure to act that does not comply 19.215.020 [Title 19 RCW—page 264] with subsection (1) of this section may apply to a court of competent jurisdiction to enjoin the act or failure to act. The court may grant an injunction with terms and conditions as the court may deem equitable. (6) The attorney general may bring a civil action in the name of the state for damages, injunctive relief, or both, against an entity that fails to comply with subsection (1) of this section. The court may award damages that are the same as those awarded to individual plaintiffs under subsection (4) of this section. (7) The rights and remedies provided under this section are in addition to any other rights or remedies provided by law. [2002 c 90 § 3.] 19.215.030 Compliance with federal regulations. Any bank, financial institution, health care organization, or other entity that is subject to the federal regulations under the interagency guidelines establishing standards for safeguarding customer information (12 C.F.R. 208 Appendix D-2, 12 C.F.R. 364 Appendix B, 12 C.F.R. 30 Appendix B, 12 C.F.R. 570 Appendix B); the guidelines for safeguarding member information (12 C.F.R. 748 Appendix A); and the standards for privacy of individually identifiable health information (45 C.F.R. 160 and 164), and which is in compliance with these federal guidelines, is in compliance with the requirements of this chapter. [2002 c 90 § 4.] 19.215.030 Chapter 19.220 Chapter 19.220 RCW INTERNATIONAL MATCHMAKING ORGANIZATIONS Sections 19.220.005 19.220.010 19.220.020 19.220.030 19.220.900 Intent. Dissemination of information—Definitions. Jurisdiction. Finding—Consumer protection act—Application to chapter. Effective date—2002 c 115. 19.220.005 Intent. The legislature intends to provide increased consumer awareness on the part of persons living abroad regarding Washington residents who utilize international matchmaking services for purposes of establishing relationships with those living abroad. The legislature recognizes that persons living abroad are already required to provide background information to the federal government during visa applications, but, unlike residents of the United States, are unlikely to have the means to access and fully verify personal history information about prospective spouses residing in the United States. The legislature does not intend to impede the ability of any person to establish a marital or romantic relationship, but rather to increase the ability of persons living abroad to make informed decisions about Washington residents. The legislature does not intend to adversely impact in any way those businesses who offer international matchmaking services on a not for fee basis. [2002 c 115 § 1.] 19.220.005 19.220.010 Dissemination of information—Definitions. (1) Each international matchmaking organization doing business in Washington state shall disseminate to a recruit, upon request, state background check information 19.220.010 (2008 Ed.) Uniform Athlete Agent Act and personal history information relating to any Washington state resident about whom any information is provided to the recruit, in the recruit’s native language. The organization shall notify all recruits that background check and personal history information is available upon request. The notice that background check and personal history information is available upon request shall be in the recruit’s native language and shall be displayed in a manner that separates it from other information, is highly noticeable, and in lettering not less than one-quarter of an inch high. (2) If an international matchmaking organization receives a request for information from a recruit pursuant to subsection (1) of this section, the organization shall notify the Washington state resident of the request. Upon receiving notification, the Washington state resident shall obtain from the state patrol and provide to the organization the complete transcript of any background check information provided pursuant to RCW 43.43.760 based on a submission of fingerprint impressions and provided pursuant to RCW 43.43.838 and shall provide to the organization his or her personal history information. The organization shall require the resident to affirm that personal history information is complete and accurate. The organization shall refrain from knowingly providing any further services to the recruit or the Washington state resident in regards to facilitating future interaction between the recruit and the Washington state resident until the organization has obtained the requested information and provided it to the recruit. (3) This section does not apply to a traditional matchmaking organization of a religious nature that otherwise operates in compliance with the laws of the countries of the recruits of such organization and the laws of the United States nor to any organization that does not charge a fee to any party for the service provided. (4) As used in this section: (a) "International matchmaking organization" means a corporation, partnership, business, or other legal entity, whether or not organized under the laws of the United States or any state, that does business in the United States and for profit offers to Washington state residents, including aliens lawfully admitted for permanent residence and residing in Washington state, dating, matrimonial, or social referral services involving citizens of a foreign country or countries who are not residing in the United States, by: (i) An exchange of names, telephone numbers, addresses, or statistics; (ii) selection of photographs; or (iii) a social environment provided by the organization in a country other than the United States. (b) "Personal history information" means a declaration of the person’s current marital status, the number of previous marriages, annulments, and dissolutions for the person, and whether any previous marriages occurred as a result of receiving services from an international matchmaking organization; founded allegations of child abuse or neglect; and any existing orders under chapter 7.90, 10.14, 10.99, or 26.50 RCW. Personal history information shall include information from the state of Washington and any information from other states or countries. (c) "Recruit" means a noncitizen, nonresident person, recruited by an international matchmaking organization for the purpose of providing dating, matrimonial, or social refer(2008 Ed.) 19.225.010 ral services. [2006 c 138 § 24; 2003 c 268 § 1; 2002 c 115 § 2.] Short title—2006 c 138: See RCW 7.90.900. 19.220.020 Jurisdiction. For purposes of establishing personal jurisdiction under chapter 115, Laws of 2002, an international matchmaking organization is deemed to be doing business in Washington and therefore subject to specific jurisdiction if it contracts for matchmaking services with a Washington resident or if it is considered to be doing business under any other provision or rule of law. [2002 c 115 § 3.] 19.220.020 19.220.030 Finding—Consumer protection act— Application to chapter. The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW. [2002 c 115 § 4.] 19.220.030 19.220.900 Effective date—2002 c 115. This act takes effect September 1, 2002. [2002 c 115 § 7.] 19.220.900 Chapter 19.225 Chapter 19.225 RCW UNIFORM ATHLETE AGENT ACT Sections 19.225.010 19.225.020 19.225.030 19.225.040 19.225.050 19.225.060 19.225.070 19.225.080 19.225.090 19.225.100 19.225.110 19.225.120 19.225.900 19.225.901 19.225.902 19.225.903 Definitions. Service of process. Athlete agents—Delivery of disclosure form required. Athlete agent disclosure form—Requirements. Disqualifications. Form of contract. Notice to educational institution. Student-athlete’s right to cancel. Required records—Retention. Prohibited acts. Criminal/civil penalties. Civil remedies. Short title. Application—Construction—2002 c 131. Severability—2002 c 131. Captions not law. 19.225.010 Definitions. In this chapter: (1) "Agency contract" means an agreement in which a student-athlete authorizes a person to negotiate or solicit on behalf of the student-athlete a professional-sports-services contract or an endorsement contract. (2) "Athlete agent" means an individual who enters into an agency contract with a student-athlete or, directly or indirectly, recruits or solicits a student-athlete to enter into an agency contract. The term does not include a spouse, parent, sibling, grandparent, or legal guardian of the student-athlete or an individual acting solely on behalf of a professional sports team or professional sports organization. The term includes an individual who represents to the public that the individual is an athlete agent. (3) "Athletic director" means an individual responsible for administering the overall athletic program of an educa19.225.010 [Title 19 RCW—page 265] 19.225.020 Title 19 RCW: Business Regulations—Miscellaneous tional institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate. (4) "Contact" means a communication, direct or indirect, between an athlete agent and a student-athlete, to recruit or solicit the student-athlete to enter into an agency contract. (5) "Endorsement contract" means an agreement under which a student-athlete is employed or receives consideration to use on behalf of the other party any value that the studentathlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance. (6) "Intercollegiate sport" means a sport played at the collegiate level for which eligibility requirements for participation by a student-athlete are established by a national association for the promotion or regulation of collegiate athletics. (7) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. (8) "Professional-sports-services contract" means an agreement under which an individual is employed or agrees to render services as a player on a professional sports team, with a professional sports organization, or as a professional athlete. (9) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (10) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (11) "Student-athlete" means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sport. If an individual is permanently ineligible to participate in a particular intercollegiate sport, the individual is not a student-athlete for purposes of that sport. [2002 c 131 § 2.] 19.225.020 Service of process. By engaging in the business of an athlete agent in this state, a nonresident individual appoints the secretary of state as the individual’s agent to accept service of process in any civil action related to the individual’s business as an athlete agent in this state. [2002 c 131 § 3.] 19.225.020 19.225.030 Athlete agents— Delivery of disclosure form required. (1) Except as otherwise provided in subsection (2) of this section, an individual may not act as an athlete agent in this state unless on the day of initial contact with any student-athlete the athlete agent delivers to the student-athlete the athlete agent disclosure form as required by RCW 19.225.040. (2) An individual may act as an athlete agent before delivering an athlete agent disclosure form for all purposes except signing an agency contract if: (a) A student-athlete or another acting on behalf of the student-athlete initiates communication with the individual; and 19.225.030 [Title 19 RCW—page 266] (b) Within seven days after an initial act as an athlete agent, the individual delivers an athlete agent disclosure form to the student-athlete. (3) An agency contract resulting from conduct in violation of this section is void. The athlete agent shall return any consideration received under the contract. [2002 c 131 § 4.] 19.225.040 Athlet e agent disclosure form— Requirements. (1) The athlete agent disclosure form must be in a record executed in the name of an individual and signed by the athlete agent under penalty of perjury and, except as otherwise provided in subsection (2) of this section, must state or contain: (a) The name of the athlete agent and the address of the athlete agent’s principal place of business; (b) The name of the athlete agent’s business or employer, if applicable; (c) Any business or occupation engaged in by the athlete agent for the five years next preceding the date of execution of the athlete agent disclosure form; (d) A description of the athlete agent’s: (i) Formal training as an athlete agent; (ii) Practical experience as an athlete agent; and (iii) Educational background relating to the athlete agent’s activities as an athlete agent; (e) The names and addresses of three individuals not related to the athlete agent who are willing to serve as references; (f) The name, sport, and last known team for each individual for whom the athlete agent provided services as an athlete agent during the five years next preceding the date of execution of the athlete agent disclosure form; (g) The names and addresses of all persons who are: (i) With respect to the athlete agent’s business if it is not a corporation, the partners, officers, associates, or profit-sharers; and (ii) With respect to a corporation employing the athlete agent, the officers, directors, and any shareholder of the corporation with a five percent or greater interest; (h) Whether the athlete agent or any other person named pursuant to (g) of this subsection has been convicted of a crime that, if committed in this state, would be a felony or other crime involving moral turpitude, and identify the crime; (i) Whether there has been any administrative or judicial determination that the athlete agent or any other person named pursuant to (g) of this subsection has made a false, misleading, deceptive, or fraudulent representation; (j) Any instance in which the conduct of the athlete agent or any other person named pursuant to (g) of this subsection resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event on a student-athlete or educational institution; (k) Any sanction, suspension, or disciplinary action taken against the athlete agent or any other person named pursuant to (g) of this subsection arising out of occupational or professional conduct; and (l) Whether there has been any denial of an application for, suspension or revocation of, or refusal to renew, the registration or licensure of the athlete agent or any other person 19.225.040 (2008 Ed.) Uniform Athlete Agent Act named pursuant to (g) of this subsection as an athlete agent in any state. (2) An individual who has submitted an application for, and received a certificate of or a renewal of a certificate of, registration or licensure as an athlete agent in another state may submit a copy of the application and a valid certificate of registration or licensure from the other state in lieu of submitting an athlete agent disclosure form in the form prescribed pursuant to subsection (1) of this section, but only if the application to the other state: (a) Was submitted in the other state within the six months next preceding the date of delivery of the athlete agent disclosure form in this state and the athlete agent certifies the information contained in the application is current; (b) Contains information substantially similar to or more comprehensive than that required in an athlete agent disclosure form under subsection (1) of this section; and (c) Was signed by the athlete agent under penalty of perjury. [2002 c 131 § 5.] 19.225.050 Disqualifications. No person may engage in the business of an athlete agent who has: (1) Been convicted of a crime that, if committed in this state, would be a felony or other crime involving moral turpitude; (2) Made a materially false, misleading, deceptive, or fraudulent representation as an athlete agent or in the application for licensure or registration as an athlete agent in another state; (3) Engaged in conduct prohibited by RCW 19.225.100; (4) Had a registration or licensure as an athlete agent suspended, revoked, or denied or been refused renewal of registration or licensure in any state; or (5) Engaged in conduct or failed to engage in conduct the consequence of which was that a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a studentathlete or educational institution. [2002 c 131 § 6.] 19.225.050 19.225.060 Form of contract. (1) An agency contract must be in a record signed by the parties. (2) An agency contract must state or contain: (a) The amount and method of calculating the consideration to be paid by the student-athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services; (b) The name of any person other than the athlete agent who will be compensated because the student-athlete signed the agency contract; (c) A description of any expenses that the student-athlete agrees to reimburse; (d) A description of the services to be provided to the student-athlete; (e) The duration of the contract; and (f) The date of execution. (3) An agency contract must contain, in close proximity to the signature of the student-athlete, a conspicuous notice in boldface type in capital letters stating: 19.225.060 (2008 Ed.) 19.225.080 WARNING TO STUDENT-ATHLETE IF YOU SIGN THIS CONTRACT: (a) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETE IN YOUR SPORT; (b) BOTH YOU AND YOUR ATHLETE AGENT ARE REQUIRED T O TELL YOUR ATHLE TIC DIRECTOR, IF YOU HAVE AN ATHLETIC DIRECTOR, AT LEAST SEVENTY-TWO HOURS PRIOR TO ENTERING INTO AN AGENCY CONTRACT AND AGAIN WITHIN SEVENTY-TWO HOURS AFTER ENTERING INTO AN AGENCY CONTRACT; AND (c) YOU MAY CANCEL THIS CONTRACT WITHIN FOURTEEN DAYS AFTER SIGNING IT. CANCELLATION OF THE CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY. (4) A copy of the athlete agent disclosure form delivered to the student-athlete shall be attached to the agency contract. (5) An agency contract that does not conform to this section is voidable by the student-athlete. (6) The athlete agent shall give a copy of the signed agency contract to the student-athlete at the time of signing. [2002 c 131 § 7.] 19.225.070 Notice to educational institution. (1) At least seventy-two hours prior to entering into an agency contract, the athlete agent shall give notice in a record of the existence of the contract and shall provide a copy of the athlete agent disclosure form to the athletic director of the educational institution at which the student-athlete is enrolled or the athlete agent has reasonable grounds to believe the student-athlete intends to enroll. (2) Within seventy-two hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract and shall provide a copy of the athlete agent disclosure form to the athletic director of the educational institution at which the student-athlete is enrolled or the athlete agent has reasonable grounds to believe the student-athlete intends to enroll. (3) At least seventy-two hours prior to entering into an agency contract, the student-athlete shall give notice in a record of the existence of the contract and shall provide a copy of the athlete agent disclosure form to the athletic director of the educational institution at which the student-athlete is enrolled. (4) Within seventy-two hours after entering into an agency contract or before the next athletic event in which the student-athlete may participate, whichever occurs first, the student-athlete shall inform the athletic director of the educational institution at which the student-athlete is enrolled that he or she has entered into an agency contract and shall provide a copy of the athlete agent disclosure form. [2002 c 131 § 8.] 19.225.070 19.225.080 Student-athlete’s right to cancel. (1) A student-athlete may cancel an agency contract by giving notice in a record to the athlete agent of the cancellation within fourteen days after the contract is signed. 19.225.080 [Title 19 RCW—page 267] 19.225.090 Title 19 RCW: Business Regulations—Miscellaneous (2) A student-athlete may not waive the right to cancel an agency contract. (3) If a student-athlete cancels an agency contract, the student-athlete is not required to pay any consideration under the contract or to return any consideration received from the agent to induce the student-athlete to enter into the contract. [2002 c 131 § 9.] 19.225.090 Required records—Retention. (1) An athlete agent shall retain the following records for a period of five years: (a) The name and address of each individual represented by the athlete agent; (b) Any agency contract entered into by the athlete agent; and (c) Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student-athlete. (2) Records required by subsection (1) of this section to be retained are subject to subpoena in a judicial proceeding. [2002 c 131 § 10.] 19.225.090 19.225.100 Prohibited acts. (1) An athlete agent may not do any of the following with the intent to induce a student-athlete to enter into an agency contract: (a) Give any materially false or misleading information or make a materially false promise or representation; (b) Furnish anything of value to a student-athlete before the student-athlete enters into the agency contract; or (c) Furnish anything of value to any individual other than the student-athlete or another registered athlete agent. (2) An athlete agent may not intentionally: (a) Initiate contact with a student-athlete unless providing the student-athlete with the athlete agent disclosure form as provided in RCW 19.225.030; (b) Refuse or willfully fail to retain or produce in response to subpoena the records required by RCW 19.225.090; (c) Fail to disclose information required by RCW 19.225.040; (d) Provide materially false or misleading information in an athlete agent disclosure form; (e) Predate or postdate an agency contract; (f) Fail to notify a student-athlete prior to the studentathlete’s signing an agency contract for a particular sport that the signing by the student-athlete may make the student-athlete ineligible to participate as a student-athlete in that sport; (g) Ask or allow a student-athlete to waive or attempt to waive rights under this chapter; (h) Fail to give notice required under RCW 19.225.070; or (i) Engage in the business of an athlete agent in this state: (A) At any time after conviction under RCW 19.225.110; or (B) within five years of entry of a civil judgment under RCW 19.225.120. [2002 c 131 § 11.] 19.225.100 19.225.110 Criminal/civil penalties. The commission of any act prohibited by RCW 19.225.100 by an athlete agent is a class C felony punishable according to chapter 9A.20 RCW. In addition to any criminal penalties, the court may 19.225.110 [Title 19 RCW—page 268] assess a civil penalty of up to ten thousand dollars for a violation of RCW 19.225.100. [2002 c 131 § 12.] 19.225.120 Civil remedies. (1) An educational institution has a right of action against an athlete agent or a former student-athlete for damages caused by a violation of this chapter. In an action under this section, the court may award to the prevailing party costs and reasonable attorneys’ fees. (2) Damages of an educational institution under subsection (1) of this section include losses and expenses incurred because, as a result of the activities of an athlete agent or former student-athlete, the educational institution was injured by a violation of this chapter or was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions. (3) A right of action under this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or former student-athlete. (4) Any liability of the athlete agent or the former student-athlete under this section is several and not joint. (5) This chapter does not restrict rights, remedies, or defenses of any person under law or equity. [2002 c 131 § 13.] 19.225.120 19.225.900 Short title. This chapter may be cited as the uniform athlete agents act. [2002 c 131 § 1.] 19.225.900 19.225.901 Application—Construction—2002 c 131. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter of this chapter among states that enact it. [2002 c 131 § 14.] 19.225.901 19.225.902 Severability—2002 c 131. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [2002 c 131 § 15.] 19.225.902 19.225.903 Captions not law. Captions used in this chapter are not any part of the law. [2002 c 131 § 16.] 19.225.903 Chapter 19.230 Chapter 19.230 RCW UNIFORM MONEY SERVICES ACT Sections 19.230.005 19.230.010 19.230.020 19.230.030 19.230.040 19.230.050 19.230.060 19.230.070 19.230.080 19.230.090 19.230.100 19.230.110 19.230.120 19.230.130 Intent. Definitions. Application of chapter—Exclusions. Money transmitter license required. Application for a money transmitter license. Surety bond/security. Net worth for money transmitter. Issuance of money transmitter license. Currency exchange license required. Application for a currency exchange license. Issuance of a currency exchange license—Surrender of license. Annual license assessment and annual report. Relationship between licensee and authorized delegate. Authority to conduct examinations and investigations. (2008 Ed.) Uniform Money Services Act 19.230.140 19.230.150 19.230.160 19.230.170 19.230.180 19.230.190 19.230.200 19.230.210 19.230.220 19.230.230 19.230.240 19.230.250 19.230.260 19.230.270 19.230.280 19.230.290 19.230.300 19.230.310 19.230.320 19.230.330 19.230.340 19.230.900 19.230.901 19.230.902 19.230.903 19.230.904 19.230.905 Joint examinations. Reports. Change of control. Records. Money laundering reports. Confidentiality. Maintenance of permissible investments. Types of permissible investments. Administrative proceedings. License suspension, revocation—Receivership. Suspension and revocation of authorized delegates. Unlicensed persons. Temporary orders to cease and desist. Consent orders. Violations—Liability. Civil penalties. Criminal penalties. Administration and rule-making powers. Fees. Money transmitter delivery, receipts, and refunds. Prohibited practices. Short title. Effective date—2003 c 287. Implementation. Uniformity of application and construction. Severability—2003 c 287. Captions not law. 19.230.005 Intent. It is the intent of the legislature to establish a state system of licensure and regulation to ensure the safe and sound operation of money transmission and currency exchange businesses, to ensure that these businesses are not used for criminal purposes, to promote confidence in the state’s financial system, and to protect the public interest. [2003 c 287 § 2.] 19.230.005 19.230.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Affiliate" means any person who directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, another person. (2) "Applicant" means a person that files an application for a license under this chapter, including the applicant’s proposed responsible individual and executive officers, and persons in control of the applicant. (3) "Authorized delegate" means a person a licensee designates to provide money services on behalf of the licensee. A person that is exempt from licensing under this chapter cannot have an authorized delegate. (4) "Financial institution" means any person doing business under the laws of any state or the United States relating to commercial banks, bank holding companies, savings banks, savings and loan associations, trust companies, or credit unions. (5) "Control" means: (a) Ownership of, or the power to vote, directly or indirectly, at least twenty-five percent of a class of voting securities or voting interests of a licensee or applicant, or person in control of a licensee or applicant; (b) Power to elect a majority of executive officers, managers, directors, trustees, or other persons exercising managerial authority of a licensee or applicant, or person in control of a licensee or applicant; or (c) Power to exercise directly or indirectly, a controlling influence over the management or policies of a licensee or applicant, or person in control of a licensee or applicant. 19.230.010 (2008 Ed.) 19.230.010 (6) "Currency exchange" means exchanging the money of one government for money of another government, or holding oneself out as able to exchange the money of one government for money of another government. The following persons are not considered currency exchangers: (a) Affiliated businesses that engage in currency exchange for a business purpose other than currency exchange; (b) A person who provides currency exchange services for a person acting primarily for a business, commercial, agricultural, or investment purpose when the currency exchange is incidental to the transaction; (c) A person who deals in coins or a person who deals in money whose value is primarily determined because it is rare, old, or collectible; and (d) A person who in the regular course of business chooses to accept from a customer the currency of a country other than the United States in order to complete the sale of a good or service other than currency exchange, that may include cash back to the customer, and does not otherwise trade in currencies or transmit money for compensation or gain. (7) "Executive officer" means a president, chairperson of the executive committee, chief financial officer, responsible individual, or other individual who performs similar functions. (8) "Licensee" means a person licensed under this chapter. (9) "Material litigation" means litigation that according to generally accepted accounting principles is significant to an applicant’s or a licensee’s financial health and would be required to be disclosed in the applicant’s or licensee’s annual audited financial statements, report to shareholders, or similar records. (10) "Money" means a medium of exchange that is authorized or adopted by the United States or a foreign government or other recognized medium of exchange. "Money" includes a monetary unit of account established by an intergovernmental organization or by agreement between two or more governments. (11) "Money services" means money transmission or currency exchange. (12) "Money transmission" means receiving money or its equivalent value to transmit, deliver, or instruct to be delivered the money or its equivalent value to another location, inside or outside the United States, by any means including but not limited to by wire, facsimile, or electronic transfer. "Money transmission" does not include the provision solely of connection services to the internet, telecommunications services, or network access. (13) "Outstanding money transmission" means the value of all money transmissions reported to the licensee for which the money transmitter has received money or its equivalent value from the customer for transmission, but has not yet completed the money transmission by delivering the money or monetary value to the person designated by the customer. (14) "Payment instrument" means a check, draft, money order, traveler’s check, or other instrument for the transmission or payment of money or its equivalent value, whether or not negotiable. "Payment instrument" does not include a [Title 19 RCW—page 269] 19.230.020 Title 19 RCW: Business Regulations—Miscellaneous credit card voucher, letter of credit, or instrument that is redeemable by the issuer in goods or services. (15) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture; government, governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. (16) "Record" means information that is inscribed on a tangible medium, or that is stored in an electronic or other medium, and is retrievable in perceivable form. (17) "Responsible individual" means an individual who is employed by a licensee and has principal managerial authority over the provision of money services by the licensee in this state. (18) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (19) "Director" means the director of financial institutions. (20) "Unsafe or unsound practice" means a practice or conduct by a person licensed to provide money services, or an authorized delegate of such a person, which creates the likelihood of material loss, insolvency, or dissipation of the licensee’s assets, or otherwise materially prejudices the financial condition of the licensee or the interests of its customers. (21) "Board director" means a member of the applicant’s or licensee’s board of directors if the applicant is a corporation or limited liability company, or a partner if the applicant or licensee is a partnership. (22) "Annual license assessment due date" means the date specified in rule by the director upon which the annual license assessment is due. (23) "Currency exchanger" means a person that is engaged in currency exchange. (24) "Money transmitter" means a person that is engaged in money transmission. (25) "Mobile location" means a vehicle or movable facility where money services are provided. (26) "Stored value" means the recognition of value or credit to the account of persons, when that value or credit is primarily intended to be redeemed for a limited universe of goods, intangibles, services, or other items provided by the issuer of the stored value, its affiliates, or others involved in transactions functionally related to the issuer or its affiliates. [2003 c 287 § 3.] 19.230.020 Application of chapter—Exclusions. This chapter does not apply to: (1) The United States or a department, agency, or instrumentality thereof; (2) Money transmission by the United States postal service or by a contractor on behalf of the United States postal service; (3) A state, county, city, or a department, agency, or instrumentality thereof; (4) A financial institution or its subsidiaries, affiliates, and service corporations, or any office of an international banking corporation, branch of a foreign bank, or corporation organized pursuant to the Bank Service Corporation Act (12 19.230.020 [Title 19 RCW—page 270] U.S.C. Sec. 1861-1867) or a corporation organized under the Edge Act (12 U.S.C. Sec. 611-633); (5) Electronic funds transfer of governmental benefits for a federal, state, county, or governmental agency by a contractor on behalf of the United States or a department, agency, or instrumentality thereof, or a state or governmental subdivision, agency, or instrumentality thereof; (6) A board of trade designated as a contract market under the federal Commodity Exchange Act (7 U.S.C. Sec. 125) or a person that, in the ordinary course of business, provides clearance and settlement services for a board of trade to the extent of its operation as, or for, a board of trade; (7) A registered futures commission merchant under the federal commodities laws to the extent of its operation as such a merchant; (8) A person that provides clearance or settlement services under a registration as a clearing agency, or an exemption from that registration granted under the federal securities laws, to the extent of its operation as such a provider; (9) An operator of a payment system only to the extent that it provides processing, clearing, or settlement services, between or among persons who are all excluded by this section, in connection with wire transfers, credit card transactions, debit card transactions, stored-value transactions, automated clearinghouse transfers, or similar funds transfers; (10) A person registered as a securities broker-dealer or investment advisor under federal or state securities laws to the extent of its operation as such a broker-dealer or investment advisor; (11) An insurance company, title insurance company, or escrow agent to the extent that such an entity is lawfully authorized to conduct business in this state as an insurance company, title insurance company, or escrow agent and to the extent that they engage in money transmission or currency exchange as an ancillary service when conducting insurance, title insurance, or escrow activity; (12) The issuance, sale, use, redemption, or exchange of stored value or of payment instruments; or (13) An attorney, to the extent that the attorney is lawfully authorized to practice law in this state and to the extent that the attorney engages in money transmission or currency exchange as an ancillary service to the practice of law. [2003 c 287 § 4.] 19.230.030 Money transmitter license required. (1) A person may not engage in the business of money transmission, or advertise, solicit, or hold itself out as providing money transmission, unless the person is: (a) Licensed as a money transmitter under this chapter; or (b) An authorized delegate of a person licensed as a money transmitter under this chapter. (2) A money transmitter license is not transferable or assignable. [2003 c 287 § 5.] 19.230.030 19.230.040 Application for a money transmitter license. (1) A person applying for a money transmitter license under this chapter shall do so in a form and in a medium prescribed in rule by the director. The application must state or contain: 19.230.040 (2008 Ed.) Uniform Money Services Act (a) The legal name, business addresses, and residential address, if applicable, of the applicant and any fictitious or trade name used by the applicant in conducting its business; (b) The legal name, residential and business addresses, date of birth, social security number, employment history for the five-year period preceding the submission of the application of the applicant’s proposed responsible individual, and documentation that the proposed responsible individual is a citizen of the United States or has obtained legal immigration status to work in the United States. In addition, the applicant shall provide the fingerprints of the proposed responsible individual upon the request of the director; (c) For the ten-year period preceding submission of the application, a list of any criminal convictions of the proposed responsible individual of the applicant, any material litigation in which the applicant has been involved, and any litigation involving the proposed responsible individual relating to the provision of money services; (d) A description of any money services previously provided by the applicant and the money services that the applicant seeks to provide in this state; (e) A list of the applicant’s proposed authorized delegates and the locations in this state where the applicant and its authorized delegates propose to engage in the provision of money services; (f) A list of other states in which the applicant is licensed to engage in money transmission, or provide other money services, and any license revocations, suspensions, restrictions, or other disciplinary action taken against the applicant in another state; (g) A list of any license revocations, suspensions, restrictions, or other disciplinary action taken against any money services business involving the proposed responsible individual; (h) Information concerning any bankruptcy or receivership proceedings involving or affecting the applicant or the proposed responsible individual; (i) A sample form of contract for authorized delegates, if applicable; (j) A description of the source of money and credit to be used by the applicant to provide money services; and (k) Any other information regarding the background, experience, character, financial responsibility, and general fitness of the applicant, the applicant’s responsible individual, or authorized delegates that the director may require in rule. (2) If an applicant is a corporation, limited liability company, partnership, or other entity, the applicant shall also provide: (a) The date of the applicant’s incorporation or formation and state or country of incorporation or formation; (b) If applicable, a certificate of good standing from the state or country in which the applicant is incorporated or formed; (c) A brief description of the structure or organization of the applicant, including any parent or subsidiary of the applicant, and whether any parent or subsidiary is publicly traded; (d) The legal name, any fictitious or trade name, all business and residential addresses, date of birth, social security number, and employment history in the ten-year period preceding the submission of the application for each executive (2008 Ed.) 19.230.050 officer, board director, or person that has control of the applicant; (e) If the applicant or its corporate parent is not a publicly traded entity, the director may request the fingerprints of each executive officer, board director, or person that has control of the applicant; (f) A list of any criminal convictions, material litigation, and any litigation related to the provision of money services, in the ten-year period preceding the submission of the application in which any executive officer, board director, or person in control of the applicant has been involved; (g) A copy of the applicant’s audited financial statements for the most recent fiscal year or, if the applicant is a wholly owned subsidiary of another corporation, the most recent audited consolidated annual financial statement of the parent corporation or the applicant’s most recent audited consolidated annual financial statement, and in each case, if available, for the two-year period preceding the submission of the application; (h) A copy of the applicant’s unconsolidated financial statements for the current fiscal year, whether audited or not, and, if available, for the two-year period preceding the submission of the application; (i) If the applicant is publicly traded, a copy of the most recent report filed with the United States securities and exchange commission under section 13 of the federal Securities Exchange Act of 1934 (15 U.S.C. Sec. 78m); (j) If the applicant is a wholly owned subsidiary of: (i) A corporation publicly traded in the United States, a copy of audited financial statements for the parent corporation for the most recent fiscal year or a copy of the parent corporation’s most recent report filed under section 13 of the federal Securities Exchange Act of 1934 (15 U.S.C. Sec. 78m); or (ii) A corporation publicly traded outside the United States, a copy of similar documentation filed with the regulator of the parent corporation’s domicile outside the United States; (k) If the applicant has a registered agent in this state, the name and address of the applicant’s registered agent in this state; and (l) Any other information that the director may require in rule regarding the applicant, each executive officer, or each board director to determine the applicant’s background, experience, character, financial responsibility, and general fitness. (3) A nonrefundable application fee and an initial license fee, as determined in rule by the director, must accompany an application for a license under this chapter. The initial license fee must be refunded if the application is denied. (4) The director may waive one or more requirements of subsection (1) or (2) of this section or permit an applicant to submit other information in lieu of the required information. [2003 c 287 § 6.] 19.230.050 Surety bond/security. (1) Each money transmitter licensee shall maintain a surety bond, or other similar security acceptable to the director, in the amount of at least ten thousand dollars, and not exceeding fifty thousand dollars, as defined in rule by the director, plus ten thousand dollars per location, including locations of authorized dele19.230.050 [Title 19 RCW—page 271] 19.230.060 Title 19 RCW: Business Regulations—Miscellaneous gates, not exceeding a total addition of five hundred thousand dollars. (2) The surety bond shall run to the state of Washington as obligee, and shall run to the benefit of the state and any person or persons who suffer loss by reason of a licensee’s or licensee’s authorized delegate’s violation of this chapter or the rules adopted under this chapter. A claimant against a money transmitter licensee may maintain an action on the bond, or the director may maintain an action on behalf of the claimant. (3) The surety bond shall be continuous and may be canceled by the surety upon the surety giving written notice to the director of its intent to cancel the bond. The cancellation is effective thirty days after the notice of cancellation is received by the director or the director’s designee. Whether or not the bond is renewed, continued, replaced, or modified, including increases or decreases in the penal sum, it is considered one continuous obligation, and the surety upon the bond is not liable in an aggregate or cumulative amount exceeding the penal sum set forth on the face of the bond. In no event may the penal sum, or any portion thereof, at two or more points in time, be added together in determining the surety’s liability. (4) A surety bond or other security must cover claims for at least five years after the date of a money transmitter licensee’s violation of this chapter, or at least five years after the date the money transmitter licensee ceases to provide money services in this state, whichever is longer. However, the director may permit the amount of the surety bond or other security to be reduced or eliminated before the expiration of that time to the extent the amount of the licensee’s obligations outstanding in this state are reduced. (5) In the event that a money transmitter licensee does not maintain a surety bond or other form of security satisfactory to the director in the amount required under subsection (1) of this section, the director may issue a temporary cease and desist order under RCW 19.230.260. (6) The director may increase the amount of security required to a maximum of one million dollars if the financial condition of a money transmitter licensee so requires, as evidenced by reduction of net worth, financial losses, potential losses as a result of violations of this chapter or rules adopted under this chapter, or other relevant criteria specified by the director in rule. [2003 c 287 § 7.] 19.230.060 Net worth for money transmitter. A money transmitter licensed under this chapter shall maintain a net worth, determined in accordance with generally accepted accounting principles, as determined in rule by the director. The director shall require a net worth of at least ten thousand dollars and not more than fifty thousand dollars. In the event that a licensee’s net worth, as determined in accordance with generally accepted accounting principles, falls below the amount required in rule, the director or the director’s designee may initiate action under RCW 19.230.230 and 19.230.260. The licensee may request a hearing on such an action under chapter 34.05 RCW. [2003 c 287 § 8.] 19.230.060 19.230.070 Issuance of money transmitter license. (1) When an application for a money transmitter license is 19.230.070 [Title 19 RCW—page 272] filed under this chapter, the director or the director’s designee shall investigate the applicant’s financial condition and responsibility, financial and business experience, competence, character, and general fitness. The director or the director’s designee may conduct an on-site investigation of the applicant, the cost of which must be paid by the applicant as specified in RCW 19.230.320 or rules adopted under this chapter. The director shall issue a money transmitter license to an applicant under this chapter if the director or the director’s designee finds that all of the following conditions have been fulfilled: (a) The applicant has complied with RCW 19.230.040, 19.230.050, and 19.230.060; (b) The financial condition and responsibility, financial and business experience, competence, character, and general fitness of the applicant; and the competence, financial and business experience, character, and general fitness of the executive officers, proposed responsible individual, board directors, and persons in control of the applicant; indicate that it is in the interest of the public to permit the applicant to engage in the business of providing money transmission services; and (c) Neither the applicant, nor any executive officer, nor person who exercises control over the applicant, nor the proposed responsible individual is listed on the specially designated nationals and blocked persons list prepared by the United States department of the treasury or department of state under Presidential Executive Order No. 13224. (2) The director may for good cause extend the application review period. (3) An applicant whose application is denied by the director under this chapter may appeal under chapter 34.05 RCW. (4) A money transmitter license issued under this chapter is valid from the date of issuance and remains in effect with no fixed date of expiration unless otherwise suspended or revoked by the director or unless the license expires for nonpayment of the annual license assessment and any late fee, if applicable. (5) A money transmitter licensee may surrender a license by delivering the original license to the director along with a written notice of surrender. The written notice of surrender must include notice of where the records of the licensee will be stored and the name, address, telephone number, and other contact information of a responsible party who is authorized to provide access to the records. The surrender of a license does not reduce or eliminate the licensee’s civil or criminal liability arising from acts or omissions occurring prior to the surrender of the license, including any administrative actions undertaken by the director or the director’s designee to revoke or suspend a license, to assess fines, to order payment of restitution, or to exercise any other authority authorized under this chapter. [2003 c 287 § 9.] 19.230.080 Currency exchange license required. (1) A person may not engage in the business of currency exchange or advertise, solicit, or hold itself out as able to engage in currency exchange for which the person receives revenue equal to or greater than five percent of total revenues, unless the person is: 19.230.080 (2008 Ed.) Uniform Money Services Act (a) Licensed to provide currency exchange under this chapter; (b) Licensed for money transmission under this chapter; or (c) An authorized delegate of a person licensed under this chapter. (2) A license under this chapter is not transferable or assignable. [2003 c 287 § 10.] 19.230.090 Application for a currency exchange license. (1) A person applying for a currency exchange license under this chapter shall do so in a form and in a medium prescribed in rule by the director. The application must state or contain: (a) The legal name, business addresses, and residential address, if applicable, of the applicant and any fictitious or trade name used by the applicant in conducting its business, and the legal name, residential and business addresses, date of birth, social security number, employment history for the five-year period preceding the submission of the application; and upon request of the director, fingerprints of the applicant’s proposed responsible individual and documentation that the proposed responsible individual is a citizen of the United States or has obtained legal immigration status to work in the United States; (b) For the ten-year period preceding the submission of the application, a list of any criminal convictions of the proposed responsible individual of the applicant, any material litigation in which the applicant has been involved, and any litigation involving the proposed responsible individual relating to the provision of money services; (c) A description of any money services previously provided by the applicant and the money services that the applicant seeks to provide in this state; (d) A list of the applicant’s proposed authorized delegates and the locations in this state where the applicant and its authorized delegates propose to engage in currency exchange; (e) A list of other states in which the applicant engages in currency exchange or provides other money services and any license revocations, suspensions, restrictions, or other disciplinary action taken against the applicant in another state; (f) A list of any license revocations, suspensions, restrictions, or other disciplinary action taken against any money services business involving the proposed responsible individual; (g) Information concerning any bankruptcy or receivership proceedings involving or affecting the applicant or the proposed responsible individual; (h) A sample form of contract for authorized delegates, if applicable; (i) A description of the source of money and credit to be used by the applicant to provide currency exchange; and (j) Any other information regarding the background, experience, character, financial responsibility, and general fitness of the applicant, the applicant’s responsible individual, or authorized delegates that the director may require in rule. (2) If an applicant is a corporation, limited liability company, partnership, or other entity, the applicant shall also provide: 19.230.090 (2008 Ed.) 19.230.100 (a) The date of the applicant’s incorporation or formation and state or country of incorporation or formation; (b) If applicable, a certificate of good standing from the state or country in which the applicant is incorporated or formed; (c) A brief description of the structure or organization of the applicant, including any parent or subsidiary of the applicant, and whether any parent or subsidiary is publicly traded; (d) The legal name, any fictitious or trade name, all business and residential addresses, date of birth, social security number, and employment history in the ten-year period preceding the submission of the application for each executive officer, board director, or person that has control of the applicant; (e) If the applicant or its corporate parent is not a publicly traded entity, the director may request the fingerprints for each executive officer, board director, or person that has control of the applicant; and (f) A list of any criminal convictions, material litigation, and any litigation related to the provision of money services, in which any executive officer, board director, or person in control of the applicant has been involved in the ten-year period preceding the submission of the application. (3) A nonrefundable application fee and an initial license fee, as determined in rule by the director, must accompany an application for a currency exchange license under this chapter. The license fee must be refunded if the application is denied. (4) The director may waive one or more requirements of subsection (1) or (2) of this section or permit an applicant to submit other information in lieu of the required information. [2003 c 287 § 11.] 19.230.100 Issuance of a currency exchange license— Surrender of license. (1) When an application for a currency exchange license is filed under this chapter, the director or the director’s designee shall investigate the applicant’s financial condition and responsibility, financial and business experience, competence, character, and general fitness. The director or the director’s designee may conduct an on-site investigation of the applicant, the cost of which must be paid by the applicant as specified in RCW 19.230.320 or rules adopted under this chapter. The director shall issue a currency exchange license to an applicant under this chapter if the director or the director’s designee finds that all of the following conditions have been fulfilled: (a) The applicant has complied with RCW 19.230.090; (b) The financial and business experience, competence, character, and general fitness of the applicant; and the competence, financial and business experience, character, and general fitness of the executive officers, proposed responsible individual, board directors, and persons in control of the applicant indicate that it is in the interest of the public to permit the applicant to engage in the business of providing currency exchange; and (c) Neither the applicant, nor any executive officer, nor person who exercises control over the applicant, nor the proposed responsible individual are listed on the specially designated nationals and blocked persons list prepared by the United States department of treasury or department of state under Presidential Executive Order No. 13224. 19.230.100 [Title 19 RCW—page 273] 19.230.110 Title 19 RCW: Business Regulations—Miscellaneous (2) The director may for good cause extend the application review period. (3) An applicant whose application is denied by the director under this chapter may appeal under chapter 34.05 RCW. (4) A currency exchange license issued under this chapter is valid from the date of issuance and remains in effect with no fixed date of expiration unless otherwise suspended or revoked by the director, or unless the license expires for nonpayment of the annual license assessment and any late fee, if applicable. (5) A currency exchange licensee may surrender a license by delivering the original license to the director along with a written notice of surrender. The written notice of surrender must include notice of where the records of the licensee will be stored and the name, address, telephone number, and other contact information of a responsible party who is authorized to provide access to the records. The surrender of a license does not reduce or eliminate the licensee’s civil or criminal liability arising from acts or omissions occurring prior to the surrender of the license, including any administrative actions undertaken by the director or the director’s designee to revoke or suspend a license, to assess fines, to order payment of restitution, or to exercise any other authority authorized under this chapter. [2003 c 287 § 12.] 19.230.110 Annual license assessment and annual report. (1) A licensee shall pay an annual license assessment as established in rule by the director no later than the annual license assessment due date or, if the annual license assessment due date is not a business day, on the next business day. (2) A licensee shall submit an annual report with the annual license assessment, in a form and in a medium prescribed by the director in rule. The annual report must state or contain: (a) If the licensee is a money transmitter, a copy of the licensee’s most recent audited annual financial statement or, if the licensee is a wholly owned subsidiary of another corporation, the most recent audited consolidated annual financial statement of the parent corporation or the licensee’s most recent audited consolidated annual financial statement; (b) A description of each material change, as defined in rule by the director, to information submitted by the licensee in its original license application which has not been previously reported to the director on any required report; (c) If the licensee is a money transmitter, a list of the licensee’s permissible investments and a certification that the licensee continues to maintain permissible investments according to the requirements set forth in RCW 19.230.200 and 19.230.210; (d) If the licensee is a money transmitter, proof that the licensee continues to maintain adequate security as required by RCW 19.230.050; and (e) A list of the locations in this state where the licensee or an authorized delegate of the licensee engages in or provides money services. (3) If a licensee does not file an annual report or pay its annual license assessment by the annual license assessment due date, the director or the director’s designee shall send the licensee a notice of suspension and assess the licensee a late fee not to exceed twenty-five percent of the annual license 19.230.110 [Title 19 RCW—page 274] assessment as established in rule by the director. The licensee’s annual report and payment of both the annual license assessment and the late fee must arrive in the department’s offices by 5:00 p.m. on the thirtieth day after the assessment due date or any extension of time granted by the director, unless that date is not a business day, in which case the licensee’s annual report and payment of both the annual license assessment and the late fee must arrive in the department’s offices by 5:00 p.m. on the next occurring business day. If the licensee’s annual report and payment of both the annual license assessment and late fee do not arrive by such date, the expiration of the licensee’s license is effective at 5:00 p.m. on the thirtieth day after the assessment due date, unless that date is not a business day, in which case the expiration of the licensee’s license is effective at 5:00 p.m. on the next occurring business day. The director, or the director’s designee, may reinstate the license if, within twenty days after its effective date, the licensee: (a) Files the annual report and pays both the annual license assessment and the late fee; and (b) The licensee did not engage in or provide money services during the period its license was expired. [2003 c 287 § 13.] 19.230.120 Relationship between licensee and authorized delegate. (1) In this section, "remit" means to make direct payments of money to a licensee or its representative authorized to receive money or to deposit money in a bank in an account specified by the licensee. (2) A contract between a licensee and an authorized delegate must require the authorized delegate to operate in full compliance with this chapter and the rules adopted under this chapter. (3) Neither the licensee nor an authorized delegate may authorize subdelegates. (4) An authorized delegate shall remit all money owing to the licensee in accordance with the terms of the contract between the licensee and the authorized delegate. (5) If a license is suspended or revoked or a licensee surrenders its license, the director shall notify all authorized delegates of the licensee whose names are filed with the director of the suspension, revocation, or surrender and shall publish the name of the licensee. An authorized delegate shall immediately cease to provide money services as a delegate of the licensee upon receipt of notice, or after publication is made, that the licensee’s license has been suspended, revoked, or surrendered. (6) An authorized delegate may not provide money services other than those allowed the licensee under its license. In addition, an authorized delegate may not provide money services outside the scope of activity permissible under the contract between the authorized delegate and the licensee, except activity in which the authorized delegate is authorized to engage under RCW 19.230.030 or 19.230.080. [2003 c 287 § 14.] 19.230.120 19.230.130 Authority to conduct examinations and investigations. (1) For the purpose of discovering violations of this chapter or rules adopted under this chapter, discovering unsafe and unsound practices, or securing information 19.230.130 (2008 Ed.) Uniform Money Services Act lawfully required under this chapter, the director may at any time, either personally or by designee, investigate or examine the business and, wherever located, the books, accounts, records, papers, documents, files, and other information used in the business of every licensee or its authorized delegates, and of every person who is engaged in the business of providing money services, whether the person acts or claims to act under or without the authority of this chapter. For these purposes, the director or designated representative shall have free access to the offices and places of business, books, accounts, papers, documents, other information, records, files, safes, and vaults of all such persons. The director or the director’s designee may require the attendance of and examine under oath all persons whose testimony may be required about the business or the subject matter of any investigation, examination, or hearing and may require such person to produce books, accounts, papers, documents, records, files, and any other information the director or designated person declares is relevant to the inquiry. The director may require the production of original books, accounts, papers, documents, records, files, and other information; may require that such original books, accounts, papers, documents, records, files, and other information be copied; or may make copies himself or herself or by designee of such original books, accounts, papers, documents, records, files, or other information. The director or designated person may issue a subpoena or subpoena duces tecum requiring attendance or compelling production of the books, accounts, papers, documents, records, files, or other information. (2) The licensee, applicant, or person subject to licensing under this chapter shall pay the cost of examinations and investigations as specified in RCW 19.230.320 or rules adopted under this chapter. (3) Information obtained during an examination or investigation under this chapter may be disclosed only as provided in RCW 19.230.190. [2003 c 287 § 15.] 19.230.140 19.230.140 Joint examinations. (1) The director may conduct an on-site examination or investigation of the books, accounts, records, papers, documents, files, and other information used in the business of every licensee or its authorized delegates in conjunction with representatives of other state agencies or agencies of another state or of the federal government. The director may accept an examination report or an investigation report of an agency of this state or of another state or of the federal government. (2) A joint examination or investigation, or an acceptance of an examination or investigation report, does not preclude the director from conducting an examination or investigation under this chapter. A joint report or a report accepted under this section is an official report of the director for all purposes. [2003 c 287 § 16.] 19.230.150 19.230.150 Reports. (1) A licensee shall file with the director within thirty business days any material changes in information provided in a licensee’s application as prescribed in rule by the director. If this information indicates that the licensee is no longer in compliance with this chapter, the director may take any action authorized under this chapter to (2008 Ed.) 19.230.160 ensure that the licensee operates in compliance with this chapter. (2) A licensee shall file with the director within fortyfive days after the end of each fiscal quarter a current list of all authorized delegates and locations in this state where the licensee, or an authorized delegate of the licensee, provides money services, including mobile locations. The licensee shall state the name and street address of each location and authorized delegate operating at the location. (3) A licensee shall file a report with the director within one business day after the licensee has reason to know of the occurrence of any of the following events: (a) The filing of a petition by or against the licensee, or any authorized delegate of the licensee, under the United States Bankruptcy Code (11 U.S.C. Sec. 101-110) for bankruptcy or reorganization; (b) The filing of a petition by or against the licensee, or any authorized delegate of the licensee, for receivership, the commencement of any other judicial or administrative proceeding for its dissolution or reorganization, or the making of a general assignment for the benefit of its creditors; (c) The commencement of a proceeding to revoke, suspend, restrict, or condition its license, or otherwise discipline or sanction the licensee, in a state or country in which the licensee engages in business or is licensed; (d) The cancellation or other impairment of the licensee’s bond or other security; (e) A charge or conviction of the licensee or of an executive officer, responsible individual, board director of the licensee, or person in control of the licensee, for a felony; or (f) A charge or conviction of an authorized delegate for a felony. [2003 c 287 § 17.] 19.230.160 Change of control. (1) A licensee shall: (a) Provide the director with written notice of a proposed change of control within fifteen days after learning of the proposed change of control and at least thirty days prior to the proposed change of control; (b) Request approval of the change of control by submitting the information required in rule by the director; and (c) Submit, with the notice, a nonrefundable fee as prescribed in rule by the director. (2) After review of a request for approval under subsection (1) of this section, the director may require the licensee to provide additional information concerning the licensee’s proposed persons in control. The additional information must be limited to the same types required of the licensee, or persons in control of the licensee, as part of its original license application. (3) The director shall approve a request for change of control under subsection (1) of this section if, after investigation, the director determines that the person, or group of persons, requesting approval meets the criteria for licensing set forth in RCW 19.230.070 and 19.230.100 and that the public interest will not be jeopardized by the change of control. (4) Subsection (1) of this section does not apply to a public offering of securities. (5) Before filing a request for approval to acquire control of a licensee, or person in control of a licensee, a person may request in writing a determination from the director as to whether the person would be considered a person in control 19.230.160 [Title 19 RCW—page 275] 19.230.170 Title 19 RCW: Business Regulations—Miscellaneous of a licensee upon consummation of a proposed transaction. If the director determines that the person would not be a person in control of a licensee, the director shall respond in writing to that effect and the proposed person and transaction is not subject to the requirements of subsections (1) through (3) of this section. (6) The director may exempt by rule any person from the requirements of subsection (1)(a) of this section, if it is in the public interest to do so. [2003 c 287 § 18.] 19.230.170 Records. (1) A licensee shall maintain the following records for determining its compliance with this chapter for at least five years: (a) A general ledger posted at least monthly containing all assets, liabilities, capital, income, and expense accounts; (b) Bank statements and bank reconciliation records; (c) A list of the last known names and addresses of all of the licensee’s authorized delegates; (d) Copies of all currency transaction reports and suspicious activity reports filed in compliance with RCW 19.230.180; and (e) Any other records required in rule by the director. (2) The items specified in subsection (1) of this section may be maintained in any form of record that is readily accessible to the director or the director’s designee upon request. (3) Records may be maintained outside this state if they are made accessible to the director on seven business days’ notice that is sent in writing. (4) All records maintained by the licensee are open to inspection by the director or the director’s designee. [2003 c 287 § 19.] representatives of state or federal agencies who agree in writing to maintain the confidentiality of the information; or if the director finds that the release is reasonably necessary for the protection of the public and in the interests of justice. (3) This section does not prohibit the director from disclosing to the public a list of persons licensed under this chapter or the aggregated financial data concerning those licensees. [2005 c 274 § 237; 2003 c 287 § 21.] Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. 19.230.170 19.230.180 Money laundering reports. (1) Every licensee and its authorized delegates shall file with the director or the director’s designee all reports required by federal currency reporting, recordkeeping, and suspicious transaction reporting requirements as set forth in 31 U.S.C. Sec. 5311, 31 C.F.R. Sec. 103 (2000), and other federal and state laws pertaining to money laundering. Every licensee and its authorized delegates shall maintain copies of these reports in its records in compliance with RCW 19.230.170. (2) The timely filing of a complete and accurate report required under subsection (1) of this section with the appropriate federal agency is compliance with the requirements of subsection (1) of this section, unless the director notifies the licensee that reports of this type are not being regularly and comprehensively transmitted by the federal agency. [2003 c 287 § 20.] 19.230.180 19.230.190 Confidentiality. (1) Except as otherwise provided in subsection (2) of this section, all information or reports obtained by the director from an applicant, licensee, or authorized delegate and all information contained in, or related to, examination, investigation, operating, or condition reports prepared by, on behalf of, or for the use of the director, or financial statements, balance sheets, or authorized delegate information, are confidential and are not subject to disclosure under chapter 42.56 RCW. (2) The director may disclose information not otherwise subject to disclosure under subsection (1) of this section to 19.230.190 [Title 19 RCW—page 276] 19.230.200 Maintenance of permissible investments. (1) A money transmitter licensee shall maintain at all times permissible investments that have a market value computed in accordance with generally accepted accounting principles of not less than the aggregate amount of all outstanding money transmission. (2) The director, with respect to any money transmitter licensee, may limit the extent to which a type of investment within a class of permissible investments may be considered a permissible investment, except for money, time deposits, savings deposits, demand deposits, and certificates of deposit issued by a federally insured financial institution. The director may prescribe in rule, or by order allow, other types of investments that the director determines to have a safety substantially equivalent to other permissible investments. [2003 c 287 § 22.] 19.230.200 19.230.210 Types of permissible investments. (1) Except to the extent otherwise limited by the director under RCW 19.230.200, the following investments are permissible for a money transmitter licensee under RCW 19.230.200: (a) Cash, time deposits, savings deposits, demand deposits, a certificate of deposit, or senior debt obligation of an insured depositary institution as defined in section 3 of the federal Deposit Insurance Act (12 U.S.C. Sec. 1813) or as defined under the federal Credit Union Act (12 U.S.C. Sec. 1781); (b) Banker’s acceptance or bill of exchange that is eligible for purchase upon endorsement by a member bank of the federal reserve system and is eligible for purchase by a federal reserve bank; (c) An investment bearing a rating of one of the three highest grades as defined by a nationally recognized organization that rates securities; (d) An investment security that is an obligation of the United States or a department, agency, or instrumentality thereof; an investment in an obligation that is guaranteed fully as to principal and interest by the United States; or an investment in an obligation of a state or a governmental subdivision, agency, or instrumentality thereof; (e) Receivables that are payable to a licensee from its authorized delegates, in the ordinary course of business, pursuant to contracts which are not past due or doubtful of collection, if the aggregate amount of receivables under this subsection (1)(e) does not exceed twenty percent of the total permissible investments of a licensee and the licensee does not hold, at one time, receivables under this subsection (1)(e) in any one person aggregating more than ten percent of the licensee’s total permissible investments; and 19.230.210 (2008 Ed.) Uniform Money Services Act (f) A share or a certificate issued by an open-end management investment company that is registered with the United States securities and exchange commission under the Investment Companies Act of 1940 (15 U.S.C. Sec. 80(a)(1) through (64), and whose portfolio is restricted by the management company’s investment policy to investments specified in (a) through (d) of this subsection. (2) The following investments are permissible under RCW 19.230.200, but only to the extent specified as follows: (a) An interest-bearing bill, note, bond, or debenture of a person whose equity shares are traded on a national securities exchange or on a national over-the-counter market, if the aggregate of investments under this subsection (2)(a) does not exceed twenty percent of the total permissible investments of a licensee and the licensee does not, at one time, hold investments under this subsection (2)(a) in any one person aggregating more than ten percent of the licensee’s total permissible investments; (b) A share of a person traded on a national securities exchange or a national over-the-counter market or a share or a certificate issued by an open-end management investment company that is registered with the United States securities and exchange commission under the Investment Companies Act of 1940 (15 U.S.C. Sec. 80(a)(1) through (64), and whose portfolio is restricted by the management company’s investment policy to shares of a person traded on a national securities exchange or a national over-the-counter market, if the aggregate of investments under this subsection (2)(b) does not exceed twenty percent of the total permissible investments of a licensee and the licensee does not, at one time, hold investments under this subsection (2)(b) in any one person aggregating more than ten percent of the licensee’s total permissible investments; (c) A demand-borrowing agreement made to a corporation or a subsidiary of a corporation whose securities are traded on a national securities exchange, if the aggregate of the amount of principal and interest outstanding under demand-borrowing agreements under this subsection (2)(c) does not exceed twenty percent of the total permissible investments of a licensee and the licensee does not, at one time, hold principal and interest outstanding under demandborrowing agreements under this subsection (2)(c) with any one person aggregating more than ten percent of the licensee’s total permissible investments; and (d) Any other investment the director designates, to the extent specified in rule by the director. (3) The aggregate of investments under subsection (2) of this section may not exceed fifty percent of the total permissible investments of a licensee. [2003 c 287 § 23.] 19.230.220 Administrative proceedings. All administrative proceedings under this chapter must be conducted in accordance with the administrative procedure act, chapter 34.05 RCW. Any licensee or authorized delegate subject to a statement of charges and order of intent from the director shall be provided with an opportunity for a hearing as provided for in the administrative procedure act. Unless the person subject to the order appears in person or is represented by counsel at the hearing, the person has consented to issuance of the order. If after a hearing, the director finds by a preponderance of the evidence that grounds for sanctions under this 19.230.220 (2008 Ed.) 19.230.230 chapter exist, then the director may impose any sanctions authorized by this chapter in a final order. As provided for in RCW 19.230.260, a temporary order to cease and desist is effective upon service upon the licensee or authorized delegate, and remains effective pending a hearing to determine if the order shall become permanent. [2003 c 287 § 24.] 19.230.230 License suspension, revocation—Receivership. (1) The director may issue an order to suspend, revoke, or condition a license, place a licensee in receivership, revoke the designation of an authorized delegate, compel payment of restitution by a licensee to damaged parties, require affirmative actions as are necessary by a licensee to comply with this chapter or rules adopted under this chapter, or remove from office or prohibit from participation in the affairs of any authorized delegate or any licensee, or both, any responsible individual, executive officer, person in control, or employee of the licensee, if: (a) The licensee violates this chapter or a rule adopted or an order issued under this chapter or is convicted of a violation of a state or federal money laundering or terrorism statute; (b) The licensee does not cooperate with an examination, investigation, or subpoena lawfully issued by the director or the director’s designee; (c) The licensee engages in fraud, intentional misrepresentation, or gross negligence; (d) An authorized delegate is convicted of a violation of a state or federal money laundering statute, or violates this chapter or a rule adopted or an order issued under this chapter as a result of the licensee’s willful misconduct or deliberate avoidance of knowledge; (e) The financial condition and responsibility, competence, experience, character, or general fitness of the licensee, authorized delegate, person in control of a licensee, or responsible individual of the licensee or authorized delegate indicates that it is not in the public interest to permit the person to provide money services; (f) The licensee engages in an unsafe or unsound practice, or an unfair and deceptive act or practice; (g) The licensee is insolvent, fails to maintain the required net worth, suspends payment of its obligations, or makes a general assignment for the benefit of its creditors; (h) The licensee does not remove an authorized delegate after the director issues and serves upon the licensee a final order including a finding that the authorized delegate has violated this chapter; or (i) The licensee, its responsible individual, or any of its executive officers or other persons in control of the licensee are listed or become listed on the specially designated nationals and blocked persons list prepared by the United States department of the treasury as a potential threat to commit terrorist acts or to finance terrorist acts. (2) In determining whether a licensee or other person subject to this chapter is engaging in an unsafe or unsound practice, the director may consider the size and condition of the licensee’s money transmission services, the magnitude of the loss or potential loss to consumers or others, the gravity of the violation of this chapter, any action against the licensee by another state or the federal government, and the previous conduct of the person involved. 19.230.230 [Title 19 RCW—page 277] 19.230.240 Title 19 RCW: Business Regulations—Miscellaneous (3) The director shall immediately suspend any certification of licensure issued under this chapter if the holder of the certificate has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate of licensure shall be automatic upon the director’s receipt of a release issued by the department of social and health services stating that the person is in compliance with the order. [2003 c 287 § 25.] 19.230.240 Suspension and revocation of authorized delegates. (1) The director may issue an order to suspend, revoke, or condition the designation of an authorized delegate, impose civil penalties, require payment of restitution to damaged parties, require affirmative actions as are necessary to comply with this chapter or the rules adopted under this chapter, or remove from office or prohibit from participation in the affairs of the authorized delegate or licensee, or both, any executive officer, person in control, or employee of the authorized delegate if the director finds that: (a) The authorized delegate violated this chapter or a rule adopted or an order issued under this chapter; (b) The authorized delegate does not cooperate with an examination, investigation, or subpoena lawfully issued by the director or the director’s designee; (c) The authorized delegate engaged in fraud, intentional misrepresentation, or gross negligence; (d) The authorized delegate is convicted of a violation of a state or federal money laundering or terrorism statute; (e) The competence, experience, character, or general fitness of the authorized delegate or a person in control of the authorized delegate indicates that it is not in the public interest to permit the authorized delegate to provide money services; (f) The authorized delegate engaged in or is engaging in an unsafe or unsound practice, or unfair and deceptive act or practice; or (g) The authorized delegate, or any of its executive officers or other persons in control of the authorized delegate, are listed or become listed on the specially designated nationals and blocked persons list prepared by the United States department of the treasury as a potential threat to commit terrorist acts or to finance terrorist acts. (2) In determining whether an authorized delegate is engaging in an unsafe or unsound practice, the director may consider the size and condition of the authorized delegate’s provision of money services, the magnitude of the loss or potential loss to consumers or others, the gravity of the violation of this chapter or a rule adopted or order issued under this chapter, any action against the authorized delegate taken by another state or the federal government, and the previous conduct of the authorized delegate. [2003 c 287 § 26.] 19.230.240 19.230.250 Unlicensed persons. (1) If the director has reason to believe that a person has violated or is violating RCW 19.230.030 or 19.230.080, the director or the director’s designee may conduct an examination or investigation as authorized under RCW 19.230.130. 19.230.250 [Title 19 RCW—page 278] (2) If as a result of such investigation or examination, the director finds that a person has violated RCW 19.230.030 or 19.230.080, the director may issue a temporary cease and desist order as authorized under RCW 19.230.260. (3) If as a result of such an investigation or examination, the director finds that a person has violated RCW 19.230.030 or 19.230.080, the director may issue an order to prohibit the person from continuing to engage in providing money services, to compel the person to pay restitution to damaged parties, to impose civil money penalties on the person, and to prohibit from participation in the affairs of any licensee or authorized delegate, or both, any executive officer, person in control, or employee of the person. (4) The director may petition the superior court for the issuance of a temporary restraining order under the rules of civil procedure. [2003 c 287 § 27.] 19.230.260 Temporary orders to cease and desist. (1) If the director determines that a violation of this chapter or of a rule adopted or an order issued under this chapter by a licensee, authorized delegate, or other person subject to this chapter is likely to cause immediate and irreparable harm to the licensee, its customers, or the public as a result of the violation, or cause insolvency or significant dissipation of the assets of the licensee, the director may issue a temporary order to cease and desist requiring the licensee, authorized delegate, or other person subject to this chapter to cease and desist from conducting business in this state or to cease and desist from the violation or undertake affirmative actions as are necessary to comply with this chapter, any rule adopted under this chapter, or order issued by the director under this chapter. The order is effective upon service upon the licensee, authorized delegate, or other person subject to this chapter. (2) A temporary order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding under chapter 34.05 RCW. If, after a hearing, the director finds that by a preponderance of the evidence, all or any part of the order is supported by the facts, the director may make the temporary order to cease and desist permanent under chapter 34.05 RCW. (3) A licensee, an authorized delegate, or other person subject to this chapter that is served with a temporary order to cease and desist may petition the superior court for a judicial order setting aside, limiting, or suspending the enforcement, operation, or effectiveness of the order pending the completion of an administrative proceeding under chapter 34.05 RCW. [2003 c 287 § 28.] 19.230.260 19.230.270 Consent orders. The director may enter into a consent order at any time with a person to resolve a matter arising under this chapter or a rule adopted or order issued under this chapter. A consent order must be signed by the person to whom it is issued or by the person’s authorized representative, and must indicate agreement with the terms contained in the order. [2003 c 287 § 29.] 19.230.270 19.230.280 Violations—Liability. (1) A licensee is liable for any conduct violating this chapter or rules adopted under this chapter committed by employees of the licensee. 19.230.280 (2008 Ed.) Uniform Money Services Act (2) A licensee that commits willful misconduct in its supervision of its authorized delegate or willfully avoids knowledge of its authorized delegate’s business activities may be subjected to administrative sanctions for any violations of this chapter or rules adopted under this chapter by the licensee’s authorized delegates. (3) The responsible individual is responsible under the license and may be subjected to administrative sanctions for any violations of this chapter or rules adopted under this chapter committed by the licensee or, if the responsible individual commits willful misconduct in supervising an authorized delegate or willfully avoids knowledge of an authorized delegate’s business activities, violations committed by the licensee’s authorized delegates. [2003 c 287 § 30.] 19.230.290 Civil penalties. The director may assess a civil penalty against a licensee, responsible individual, authorized delegate, or other person that violates this chapter or a rule adopted or an order issued under this chapter in an amount not to exceed one hundred dollars per day for each day the violation is outstanding, plus this state’s costs and expenses for the investigation and prosecution of the matter, including reasonable attorneys’ fees. [2003 c 287 § 31.] 19.230.290 19.230.300 Criminal penalties. (1) A person that intentionally makes a false statement, misrepresentation, or false certification in a record filed or required to be maintained under this chapter or that intentionally makes a false entry or omits a material entry in that record is guilty of a class C felony under chapter 9A.20 RCW. (2) A person that knowingly engages in an activity for which a license is required under this chapter without being licensed under this chapter and who receives more than five hundred dollars in compensation within a thirty-day period from this activity is guilty of a gross misdemeanor under chapter 9A.20 RCW. (3) A person that knowingly engages in an activity for which a license is required under this chapter without being licensed under this chapter and who receives no more than five hundred dollars in compensation within a thirty-day period from this activity is guilty of a misdemeanor under chapter 9A.20 RCW. [2003 c 287 § 32.] 19.230.300 19.230.310 Administration and rule-making powers. In accordance with chapter 34.05 RCW, the director may issue rules under this chapter that are clearly required to govern the activities of licensees and other persons subject to this chapter. [2003 c 287 § 33.] 19.230.310 19.230.320 Fees. (1) The director shall establish fees by rule sufficient to cover the costs of administering this chapter. The director may establish different fees for each type of license authorized under this chapter. These fees may include: (a) An annual license assessment specified in rule by the director paid by each licensee on or before the annual license assessment due date; (b) A late fee for late payment of the annual license assessment as specified in rule by the director; 19.230.320 (2008 Ed.) 19.230.330 (c) An hourly examination or investigation fee to cover the costs of any examination or investigation of the books and records of a licensee or other person subject to this chapter; (d) A nonrefundable application fee to cover the costs of processing license applications made to the director under this chapter; (e) An initial license fee to cover the period from the date of licensure to the end of the calendar year in which the license is initially granted; and (f) A transaction fee or set of transaction fees to cover the administrative costs associated with processing changes in control, changes of address, and other administrative changes as specified in rule by the director. (2) The director shall ensure that when an examination or investigation, or any part of the examination or investigation, of any licensee applicant or person subject to licensing under this chapter, requires travel and services outside this state by the director or designee, the licensee applicant or person subject to licensing under this chapter that is the subject of the examination or investigation shall pay the actual travel expenses incurred by the director or designee conducting the examination or investigation. (3) All moneys, fees, and penalties collected under this chapter shall be deposited into the financial services regulation account. [2003 c 287 § 34.] 19.230.330 Money transmitter delivery, receipts, and refunds. (1) Every money transmitter licensee and its authorized delegates shall transmit the monetary equivalent of all money or equivalent value received from a customer for transmission, net of any fees, or issue instructions committing the money or its monetary equivalent, to the person designated by the customer within ten business days after receiving the money or equivalent value, unless otherwise ordered by the customer or unless the licensee or its authorized delegate has reason to believe that a crime has occurred, is occurring, or may occur as a result of transmitting the money. For purposes of this subsection, money is considered to have been transmitted when it is available to the person designated by the customer and a reasonable effort has been made to inform this designated person that the money is available, whether or not the designated person has taken possession of the money. As used in this subsection, "monetary equivalent," when used in connection with a money transmission in which the customer provides the licensee or its authorized delegate with the money of one government, and the designated recipient is to receive the money of another government, means the amount of money, in the currency of the government that the designated recipient is to receive, as converted at the retail exchange rate offered by the licensee or its authorized delegate to the customer in connection with the transaction. (2) Every money transmitter licensee and its authorized delegates shall provide a receipt to the customer that clearly states the amount of money presented for transmission and the total of any fees charged by the licensee. If the rate of exchange for a money transmission to be paid in the currency of another country is fixed by the licensee for that transaction at the time the money transmission is initiated, then the receipt provided to the customer shall disclose the rate of exchange for that transaction, and the duration, if any, for the 19.230.330 [Title 19 RCW—page 279] 19.230.340 Title 19 RCW: Business Regulations—Miscellaneous payment to be made at the fixed rate of exchange so specified. If the rate of exchange for a money transmission to be paid in the currency of another country is not fixed at the time the money transmission is sent, the receipt provided to the customer shall disclose that the rate of exchange for that transaction will be set at the time the recipient of the money transmission picks up the funds in the foreign country. As used in this section, "fees" does not include revenue that a licensee or its authorized delegate generates, in connection with a money transmission, in the conversion of the money of one government into the money of another government. (3) Every money transmitter licensee and its authorized delegates shall refund to the customer all moneys received for transmittal within ten days of receipt of a written request for a refund unless any of the following occurs: (a) The moneys have been transmitted and delivered to the person designated by the customer prior to receipt of the written request for a refund; (b) Instructions have been given committing an equivalent amount of money to the person designated by the customer prior to receipt of a written request for a refund; (c) The licensee or its authorized delegate has reason to believe that a crime has occurred, is occurring, or may potentially occur as a result of transmitting the money as requested by the customer or refunding the money as requested by the customer; or (d) The licensee is otherwise barred by law from making a refund. [2003 c 287 § 35.] 19.230.340 Prohibited practices. It is a violation of this chapter for any licensee, executive officer, responsible individual, or other person subject to this chapter in connection with the provision of money services to: (1) Directly or indirectly employ any scheme, device, or artifice to defraud or mislead any person, including but not limited to engaging in bait and switch advertising or sales practices; (2) Directly or indirectly engage in any unfair or deceptive act or practice toward any person, including but not limited to any false or deceptive statement about fees or other terms of a money transmission or currency exchange; (3) Directly or indirectly obtain property by fraud or misrepresentation; (4) Knowingly make, publish, or disseminate any false, deceptive, or misleading information in the provision of money services; (5) Knowingly receive or take possession for personal use of any property of any money services business, other than in payment for services rendered, and with intent to defraud, omit to make, or cause or direct to omit to make, a full and true entry thereof in the books and accounts of the business; (6) Make or concur in making any false entry, or omit or concur in omitting any material entry, in the books or accounts of the business; (7) Knowingly make or publish to the director or director’s designee, or concur in making or publishing to the director or director’s designee any written report, exhibit, or statement of its affairs or pecuniary condition containing any material statement which is false, or omit or concur in omitting any statement required by law to be contained therein; or 19.230.340 [Title 19 RCW—page 280] (8) Fail to make any report or statement lawfully required by the director or other public official. [2003 c 287 § 36.] 19.230.900 Short title. This chapter may be known and cited as the uniform money services act. [2003 c 287 § 1.] 19.230.900 19.230.901 Effective date—2003 c 287. This act takes effect October 1, 2003. [2003 c 287 § 37.] 19.230.901 19.230.902 Implementation. The director or the director’s designee may take such steps as are necessary to ensure that chapter 287, Laws of 2003 is implemented on October 1, 2003. In particular, the director or the director’s designee shall conduct outreach to small businesses and immigrant communities to enhance awareness of and compliance with state and federal laws governing money transmission and currency exchange, and to provide technical assistance in applying for a license under this chapter and understanding the requirements of this chapter. [2003 c 287 § 38.] 19.230.902 19.230.903 Uniformity of application and construction. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [2003 c 287 § 39.] 19.230.903 19.230.904 Severability—2003 c 287. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [2003 c 287 § 40.] 19.230.904 19.230.905 Captions not law. Captions used in this chapter are not any part of the law. [2003 c 287 § 41.] 19.230.905 Chapter 19.235 Chapter 19.235 RCW MOVIE THEATERS— UNAUTHORIZED RECORDING Sections 19.235.010 Motion picture—Unauthorized recording—Penalty. 19.235.010 Motion picture—Unauthorized recording—Penalty. (1) Whoever, without the consent of the owner or lessee of the motion picture exhibition facility and the licensor of the motion picture being exhibited, knowingly operates an audiovisual recording function of a device in a motion picture exhibition facility is guilty of a gross misdemeanor. (2) The owner or lessee of a motion picture exhibition facility where a motion picture is being exhibited, or the authorized agent or employee of such owner or lessee, or the licensor of the motion picture being exhibited or his or her agent or employee, who alerts law enforcement authorities of an alleged violation of this section shall not be liable in any civil action arising out of measures taken by such owner, lessee, licensor, agent, or employee in the course of subsequently detaining a person that the owner, lessee, licensor, agent, or employee in good faith believed to have violated 19.235.010 (2008 Ed.) Gift Certificates this section while awaiting the arrival of law enforcement authorities, unless the plaintiff can show by clear and convincing evidence that such measures were manifestly unreasonable or the period of detention was unreasonably long. (3) This section does not prevent any lawfully authorized investigative, law enforcement protective, or intelligence gathering employee or agent, of the state or federal government, from operating any audiovisual recording device in any motion picture exhibition facility where a motion picture is being exhibited, as part of lawfully authorized investigative, protective, law enforcement, or intelligence gathering activities. (4) For the purposes of this section: (a) "Audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part thereof by means of any technology now known or later developed. (b) "Motion picture exhibition facility" means any theater, screening room, indoor or outdoor screening venue, auditorium, ballroom, or other premises where motion pictures are publicly exhibited, regardless of whether an admission fee is charged, but does not include a personal residence or retail establishment. [2004 c 119 § 1.] Chapter 19.240 Chapter 19.240 RCW GIFT CERTIFICATES Sections 19.240.005 19.240.010 19.240.020 19.240.030 19.240.040 19.240.050 19.240.060 19.240.070 19.240.080 19.240.090 19.240.100 19.240.110 19.240.900 Intent. Definitions. Unlawful actions—Remaining value—Lost/stolen gift certificates. Expiration date allowed, when. Dormancy or inactivity charge allowed, when. Expiration date allowed—Donation to charitable organization. Expiration date—Artistic and cultural organizations. Format of statement or expiration date. Abandoned gift certificates. Value of gift certificate held in trust by issuer—Bankruptcy. Gift certificates issued by financial institutions—Application of chapter. Agreement in violation of chapter. Application—2004 c 168 §§ 1-12. 19.240.005 Intent. It is the intent of the legislature to relieve businesses from the obligation of reporting gift certificates as unclaimed property. In order to protect consumers, the legislature intends to prohibit acts and practices of retailers that deprive consumers of the full value of gift certificates, such as expiration dates, service fees, and dormancy and inactivity charges, on gift certificates. The legislature does not intend that chapter 168, Laws of 2004 be construed to apply to cards or other payment instruments issued for payment of wages or other intangible property. To that end, the legislature intends that chapter 168, Laws of 2004 should be liberally construed to benefit consumers and that any ambiguities should be resolved by applying the uniform unclaimed property act to the intangible property in question. [2004 c 168 § 1.] 19.240.005 19.240.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. 19.240.010 (2008 Ed.) 19.240.030 (1) "Artistic and cultural organization" has the same meaning as in RCW 82.04.4328. (2) "Charitable organization" means an organization exempt from tax under section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)). (3) "Fund-raising activity" has the same meaning as in RCW 82.04.3651. (4) "Gift card" means a record as described in subsection (5) of this section in the form of a card, or a stored value card or other physical medium, containing stored value primarily intended to be exchanged for consumer goods and services. (5) "Gift certificate" means an instrument evidencing a promise by the seller or issuer of the record that consumer goods or services will be provided to the bearer of the record to the value or credit shown in the record and includes gift cards. (6) "Bearer" means a person with a right to receive consumer goods and services under the terms of a gift certificate, without regard to any fee, expiration date, or dormancy or inactivity charge. (7) "Issue" means to sell or otherwise provide a gift certificate to any person, and includes reloading or adding value to an existing gift certificate. (8) "Stored value" has the same meaning as in RCW 19.230.010. [2004 c 168 § 2.] 19.240.020 Unlawful actions—Remaining value— Lost/stolen gift certificates. (1) Except as provided in RCW 19.240.030 through 19.240.070, it is unlawful for any person or entity to issue, or to enforce against a bearer, a gift certificate that contains: (a) An expiration date; (b) Any fee, including a service fee; or (c) A dormancy or inactivity charge. (2) If a gift certificate is issued with the sale of tangible personal property or services, the gift certificate is subject to subsection (1) of this section. (3) If a purchase is made with a gift certificate for an amount that is less than the value of the gift certificate, the issuer must make the remaining value available to the bearer in cash or as a gift certificate at the option of the issuer. If after the purchase the remaining value of the gift certificate is less than five dollars, the gift certificate must be redeemable in cash for its remaining value on demand of the bearer. A gift certificate is valid until redeemed or replaced. (4) This section does not require, unless otherwise required by law, the issuer of a gift certificate to replace a lost or stolen gift certificate. [2004 c 168 § 3.] 19.240.020 19.240.030 Expiration date allowed, when. (1) It is lawful to issue, and to enforce against the bearer, a gift certificate containing an expiration date if: (a) The gift certificate is issued pursuant to an awards or loyalty program or in other instances where no money or other thing of value is given in exchange for the gift certificate. (b) The gift certificate is donated to a charitable organization without any money or other thing of value being given in exchange for the gift certificate if the gift certificate is used 19.240.030 [Title 19 RCW—page 281] 19.240.040 Title 19 RCW: Business Regulations—Miscellaneous by a charitable organization solely to provide charitable services. (2) The expiration date must be disclosed clearly and legibly on any gift certificate described in subsection (1) of this section. [2004 c 168 § 4.] 19.240.040 Dormancy or inactivity charge allowed, when. It is lawful to issue, and to enforce against the bearer, a gift card containing a dormancy or inactivity charge if: (1) A statement is printed on the gift card in at least sixpoint font stating the amount of the charge, how often the charge will occur, and that the charge is triggered by inactivity of the gift card. The statement may appear on the front or back of the gift card, but shall appear in a location where it is visible to any purchaser before the purchase of the gift card; (2) The remaining value of the gift card is five dollars or less each time the charge is assessed; (3) The charge does not exceed one dollar per month; (4) The charge can only be assessed when there has been no activity on the gift card for twenty-four consecutive months, including but not limited to, purchases, the adding of value, or balance inquiries; (5) The bearer may reload or add value to the gift card; and (6) After a dormancy or inactivity charge is assessed, the remaining value of the gift certificate is redeemable in cash on demand. [2004 c 168 § 5.] 19.240.070 Format of statement or expiration date. A requirement under RCW 19.240.030 through 19.240.060 that a statement or expiration date be printed on a gift certificate is satisfied if the statement appears as otherwise required on a sticker permanently affixed to the gift certificate. [2004 c 168 § 8.] 19.240.070 19.240.040 19.240.050 Expiration date allowed—Donation to charitable organization. It is lawful to issue, and to enforce against the bearer, a gift certificate containing an expiration date if: (1) The gift certificate is donated to a charitable organization and is used for fund-raising activities of a charitable organization, without any money or other thing of value being given in exchange for the gift certificate by the charitable organization; (2) The expiration date is clearly and legibly printed on the front or face of the gift certificate, or printed on the back of the certificate in at least ten-point font; and (3) The expiration date is at least one year from the date the gift certificate is issued by the charitable organization. [2004 c 168 § 6.] 19.240.050 19.240.080 Abandoned gift certificates. An issuer is not required to honor a gift certificate presumed abandoned under RCW 63.29.110, reported, and delivered to the department of revenue in the dissolution of a business association. [2004 c 168 § 9.] 19.240.080 19.240.090 Value of gift certificate held in trust by issuer—Bankruptcy. (1) A gift certificate constitutes value held in trust by the issuer of the gift certificate on behalf of the beneficiary of the gift certificate. The value represented by the gift certificate belongs to the beneficiary, or to the legal representative of the beneficiary to the extent provided by law, and not to the issuer. (2) An issuer of a gift certificate who is in bankruptcy shall continue to honor a gift certificate issued before the date of the bankruptcy filing on the grounds that the value of the gift certificate constitutes trust property of the beneficiary. (3) The terms of a gift certificate may not make its redemption or other use invalid in the event of a bankruptcy. (4) This section does not require, unless otherwise required by law, the issuer of a gift certificate to: (a) Redeem a gift certificate for cash; (b) Replace a lost or stolen gift certificate; or (c) Maintain a separate account for the funds used to purchase the gift certificate. (5) This section does not create an interest in favor of the beneficiary of the gift certificate in any specific property of the issuer. (6) This section does not create a fiduciary or quasi-fiduciary relationship between the beneficiary of the gift certificates and the issuer unless otherwise provided by law. (7) The issuer of a gift certificate has no obligation to pay interest on the value of a gift certificate held in trust under this section, unless otherwise provided by law. [2004 c 168 § 10.] 19.240.090 19.240.100 Gift certificates issued by financial institutions—Application of chapter. This chapter does not apply to gift certificates issued by financial institutions as defined in RCW 30.22.041 or their operating subsidiaries that are usable with multiple unaffiliated sellers of goods or services. [2004 c 168 § 11.] 19.240.100 19.240.060 Expiration date—Artistic and cultural organizations. It is lawful to issue, and to enforce against the bearer, a gift certificate containing an expiration date if: (1) The gift certificate is redeemable solely for goods or services provided in the state of Washington by artistic and cultural organizations; (2) The expiration date is clearly and legibly printed on the front or face of the gift certificate, or printed on the back of the certificate in at least ten-point font; (3) The expiration date is at least three years from the date the gift certificate is issued by the artistic and cultural organizations; and (4) The unused value of the gift certificate at the time of expiration accrues solely to the benefit of artistic and cultural organizations. [2004 c 168 § 7.] 19.240.060 [Title 19 RCW—page 282] 19.240.110 Agreement in violation of chapter. An agreement made in violation of the provisions of this chapter is contrary to public policy and is void and unenforceable against the bearer. [2004 c 168 § 12.] 19.240.110 19.240.900 Application—2004 c 168 §§ 1-12. Sections 1 through 12 of this act apply to: (1) Gift certificates issued on or after July 1, 2004; and 19.240.900 (2008 Ed.) Disclosure of Personal Wireless Numbers (2) Those gift certificates presumed abandoned on or after July 1, 2004, and not reported as provided in RCW 63.29.170(4). [2004 c 168 § 18.] Chapter 19.245 Chapter 19.245 RCW AUTOMATED TELLER MACHINES Sections 19.245.010 Automated teller machine—Access fee or surcharge. 19.245.010 Automated teller machine—Access fee or surcharge. (1) The owner of an automated teller machine may charge an access fee or surcharge to a customer conducting a transaction using an account from a financial institution that is located outside of the United States. (2) "Automated teller machine" means the same as defined in RCW 19.174.020. (3) "Financial institution" means the same as defined in RCW 30.22.040. [2005 c 98 § 1.] 19.245.010 Chapter 19.250 Chapter 19.250 RCW DISCLOSURE OF PERSONAL WIRELESS NUMBERS Sections 19.250.005 19.250.010 19.250.020 19.250.030 19.250.040 19.250.050 19.250.060 19.250.070 Definitions. Wireless subscriber must opt-in to any directory database— Disclosure requirement. Reasonable investigation required—Consent. Revocation—Reverse phone number search services—No cost to opt out. Violation—Application of chapter 19.86 RCW. Violations—Penalties—Attorney general may enforce—Limitation of liability. Directories maintained before June 12, 2008—Application of section. Application of chapter—Limitations. 19.250.005 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Directory provider" means any person in the business of marketing, selling, or sharing the phone number of any subscriber for commercial purposes. (2) "Radio communications service company" has the same meaning as in RCW 80.04.010. (3) "Reverse phone number search services" means a service that provides the name of a subscriber associated with a phone number when the phone number is supplied. (4) "Subscriber" means a person who resides in the state of Washington and subscribes to radio communications services, radio paging, or cellular communications service. (5) "Wireless phone number" means a phone number unique to the subscriber that permits the subscriber to receive radio communications, radio paging, or cellular communications from others. [2008 c 271 § 2.] 19.250.005 Findings—2008 c 271: "The legislature finds that the right to privacy is a personal and fundamental right protected by Article I, section 7 of the state Constitution. The legislature also finds that, in the vast majority of cases, subscribers pay for both incoming and outgoing calls, and that subscribers purchase cell phone service with an expectation that their numbers will not be made public. Therefore, the legislature recognizes that a subscriber’s cell phone number should be kept private, unless that subscriber (2008 Ed.) 19.250.020 knowingly provides their express, opt-in consent to have that number made available in a public directory." [2008 c 271 § 1.] 19.250.010 Wireless subscriber must opt-in to any directory database—Disclosure requirement. (1) A radio communications service company or any direct or indirect affiliate or agent of a radio communications service company shall not include the wireless phone number of any subscriber for inclusion in any directory of any form, nor shall it sell the contents of any directory database, without first obtaining the express, opt-in consent of that subscriber. The subscriber’s consent must be obtained either in writing or electronically, and a receipt must be provided to the subscriber. The consent shall be a separate document or located on a separate screen or web page that has the sole purpose of authorizing a radio communications service company to include the subscriber’s wireless phone number in a publicly available directory assistance database. (2) In obtaining the subscriber’s consent, the radio communications service company or direct or indirect affiliate or agent of a radio communications service company shall unambiguously disclose that, by consenting, the subscriber agrees to the following: (a) That the subscriber’s wireless phone number may be sold or licensed as part of a list of subscribers and that the wireless phone number may be included in a publicly available directory assistance database; (b) That the subscriber may incur additional charges for receiving unsolicited calls or text messages; and (c) That the subscriber’s express, opt-in consent will be construed as consent for the subsequent publication of the wireless phone number to and by third parties in other directories or databases. [2008 c 271 § 3; 2005 c 322 § 1.] 19.250.010 Findings—2008 c 271: See note following RCW 19.250.005. 19.250.020 Reasonable investigation required—Consent. (1) A directory provider shall not include any phone number that belongs to a Washington state resident in any directory of any form, or sell the contents of any directory database, without first undertaking a reasonable ongoing investigation as to whether the phone number is a wireless phone number. An investigation under this section is presumed reasonable if the directory provider compares the phone number at least every thirty days against: (a) A commercially available list of central office code assignment records offered through the North American numbering plan administration or other similar service; or (b) a commercially available list of intermodal ports of telephone numbers between wireline-to-wireless ports and wireless-to-wireline ports. A directory provider also has a duty to continually use up-to-date, commercially available technology when conducting its investigation of a phone number. If an investigation reveals that the phone number is a wireless phone number, the directory provider shall not include the number in any directory of any form, or sell the contents of any directory database without first obtaining the subscriber’s express, opt-in consent. The subscriber’s consent must be obtained either in writing or electronically, and a receipt must be provided to the subscriber. The consent must be a separate document or located on a separate screen or web page that has the sole purpose of authorizing a directory provider to include 19.250.020 [Title 19 RCW—page 283] 19.250.030 Title 19 RCW: Business Regulations—Miscellaneous the subscriber’s wireless phone number in a publicly available directory assistance database. (2) In obtaining the subscriber’s consent, the directory provider shall unambiguously disclose that, by consenting, the subscriber agrees to the following: (a) That the subscriber’s wireless phone number may be sold or licensed as part of a list of subscribers and that the wireless phone number may be included in a publicly available directory assistance database; (b) That the subscriber may incur additional charges for receiving unsolicited calls or text messages; and (c) That the subscriber’s express, opt-in consent will be construed as consent for the subsequent publication of the wireless phone number to and by third parties in other directories or databases. (3) This section does not preclude a directory provider from providing a reverse phone number search service. However, a subscriber whose wireless phone number is contained in a reverse phone number search service may utilize the opt-out provisions set forth in RCW 19.250.030. [2008 c 271 § 4.] Findings—2008 c 271: See note following RCW 19.250.005. 19.250.030 Revocation—Reverse phone number search services—No cost to opt out. (1) A subscriber who provides express, opt-in consent under RCW 19.250.010 and 19.250.020 may revoke that consent at any time. A radio communications service company and a directory provider shall comply with the subscriber’s request to opt out within a reasonable period of time, not to exceed sixty days for printed directories and not to exceed thirty days for online directories. (2) At the subscriber’s request, a provider of a reverse phone number search service must allow a subscriber to perform a reverse phone number search free of charge to determine whether the subscriber’s wireless phone number is listed in the reverse phone number search service. If the subscriber finds that his or her wireless phone number is contained in the reverse phone number search service, the subscriber may opt out of having his or her wireless phone number included in the reverse phone number search service at any time. The provider of the reverse phone number search service must comply with the subscriber’s request to opt out within a reasonable period of time, not to exceed thirty days. (3) A subscriber shall not be charged for opting out of having his or her wireless phone number listed in a directory or reverse phone number search service. [2008 c 271 § 5.] 19.250.030 Findings—2008 c 271: See note following RCW 19.250.005. 19.250.040 Violation—Application of chapter 19.86 RCW. The legislature finds that allowing a subscriber to opt out of a reverse phone number search service vitally affects the public interest for the purpose of applying chapter 19.86 RCW. A violation of RCW 19.250.030 by a provider of a reverse phone number search service is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying chapter 19.86 RCW. [2008 c 271 § 6.] 19.250.040 Findings—2008 c 271: See note following RCW 19.250.005. [Title 19 RCW—page 284] 19.250.050 Violations—Penalties—Attorney general may enforce—Limitation of liability. (1) Every knowing violation of RCW 19.250.010 is punishable by a fine of not less than two thousand dollars and no more than fifty thousand dollars for each violation. Including a wireless phone number in a directory without a subscriber’s express, opt-in consent pursuant to RCW 19.250.020 is a violation of this chapter and is punishable by a fine of up to fifty thousand dollars unless the directory provider first conducted a reasonable investigation as required in RCW 19.250.020 and was unable to determine if the published number was a wireless phone number. (2) The attorney general may bring actions to enforce compliance with this section. For the first violation by any company, organization, or person under this chapter, the attorney general may notify the company, organization, or person with a letter of warning that this chapter has been violated. (3) A telecommunications company or directory provider, or any official or employee of a telecommunications company or directory provider, is not subject to criminal or civil liability for the release of customer information as authorized by this chapter. [2008 c 271 § 7.] 19.250.050 Findings—2008 c 271: See note following RCW 19.250.005. 19.250.060 Directories maintained before June 12, 2008—Application of section. (1) A radio communications service company or a directory provider, who has maintained a directory before June 12, 2008, must within thirty days either: (a) Secure the express, opt-in consent of each subscriber listed in the directory as specified in RCW 19.250.010 or 19.250.020; or (b) Remove the wireless phone numbers of any subscribers who have not provided their express, opt-in consent. (2) This section does not apply to the following: (a) A directory provider that has undertaken a reasonable investigation pursuant to RCW 19.250.020 and is unable to determine whether the phone number is a wireless phone number; (b) A directory provider that publishes a subscriber’s wireless phone number in a directory that is obtained directly from a radio communications service company and that radio communications service company has obtained the required express, opt-in consent for including in any directory the subscriber’s wireless phone number as specified in RCW 19.250.010; (c) A person that publishes a subscriber’s wireless phone number in a directory where the subscriber pays a fee to have the number published for commercial purposes; and (d) A person that publishes a subscriber’s wireless phone number that was ported from listed wireline service to wireless service within the previous fifteen months. (3) This section does not preclude a directory provider from providing a reverse phone number search service. However, a subscriber whose wireless phone number is contained in a reverse phone number search service may utilize the opt-out provisions set forth in RCW 19.250.030. [2008 c 271 § 8.] 19.250.060 Findings—2008 c 271: See note following RCW 19.250.005. (2008 Ed.) Personal Information—Notice of Security Breaches 19.250.070 19.250.070 Application of chapter—Limitations. This chapter does not apply to the provision of wireless phone numbers, for the purposes indicated, to: (1) Any law enforcement agency, fire protection agency, public health agency, public environmental health agency, city or county emergency services planning agency, or private for-profit corporation operating under contract with, and at the direction of, one or more of these agencies, for the exclusive purpose of responding to a 911 call or communicating an imminent threat to life or property. Information or records provided to a private for-profit corporation pursuant to subsection (2) of this section must be held in confidence by that corporation and by any individual employed by or associated with that corporation. Such information or records are not open to examination for any purpose not directly connected with the administration of the services specified in this subsection; (2) A lawful process issued under state or federal law; (3) A telecommunications company providing service between service areas for the provision of telephone services to the subscriber between service areas, or to third parties for the limited purpose of providing billing services; (4) A telecommunications company to effectuate a customer’s request to transfer the customer’s assigned telephone number from the customer’s existing provider of telecommunications services to a new provider of telecommunications services; (5) The utilities and transportation commission pursuant to its jurisdiction and control over telecommunications companies; (6) A sales agent to provide the subscriber’s wireless phone numbers to the radio communications service company for the limited purpose of billing and customer service; (7) A directory provider that has undertaken a reasonable investigation pursuant to RCW 19.250.020 and is unable to determine whether the phone number is a wireless phone number; (8) A directory provider that publishes a subscriber’s wireless phone number in a directory that is obtained directly from a radio communications service company and that radio communications service company has obtained the required express, opt-in consent for including in any directory the subscriber’s wireless phone number as specified in RCW 19.250.010; (9) A person that publishes a subscriber’s wireless phone number in a directory where the subscriber pays a fee to have the number published for commercial purposes; (10) A person that publishes a subscriber’s wireless phone number that was ported from listed wireline service to wireless service within the previous fifteen months; and (11) A consumer reporting agency as defined in RCW 19.182.010 for use as a unique identifier of a consumer in a consumer report as defined in RCW 19.182.010. [2008 c 271 § 9.] Findings—2008 c 271: See note following RCW 19.250.005. (2008 Ed.) Chapter 19.255 19.255.010 Chapter 19.255 RCW PERSONAL INFORMATION— NOTICE OF SECURITY BREACHES Sections 19.255.010 Disclosure, notice—Definitions—Rights, remedies. 19.255.010 19.255.010 Disclosure, notice—Definitions—Rights, remedies. (1) Any person or business that conducts business in this state and that owns or licenses computerized data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of this state whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subsection (3) of this section, or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. (2) Any person or business that maintains computerized data that includes personal information that the person or business does not own shall notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (3) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made after the law enforcement agency determines that it will not compromise the investigation. (4) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the person or business. Good faith acquisition of personal information by an employee or agent of the person or business for the purposes of the person or business is not a breach of the security of the system when the personal information is not used or subject to further unauthorized disclosure. (5) For purposes of this section, "personal information" means an individual’s first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: (a) Social security number; (b) Driver’s license number or Washington identification card number; or (c) Account number or credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual’s financial account. (6) For purposes of this section, "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. [Title 19 RCW—page 285] Chapter 19.260 Title 19 RCW: Business Regulations—Miscellaneous (7) For purposes of this section and except under subsection (8) of this section, "notice" may be provided by one of the following methods: (a) Written notice; (b) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in 15 U.S.C. Sec. 7001; or (c) Substitute notice, if the person or business demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars, or that the affected class of subject persons to be notified exceeds five hundred thousand, or the person or business does not have sufficient contact information. Substitute notice shall consist of all of the following: (i) E-mail notice when the person or business has an email address for the subject persons; (ii) Conspicuous posting of the notice on the web site page of the person or business, if the person or business maintains one; and (iii) Notification to major statewide media. (8) A person or business that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this section is in compliance with the notification requirements of this section if the person or business notifies subject persons in accordance with its policies in the event of a breach of security of the system. (9) Any waiver of the provisions of this section is contrary to public policy, and is void and unenforceable. (10)(a) Any customer injured by a violation of this section may institute a civil action to recover damages. (b) Any business that violates, proposes to violate, or has violated this section may be enjoined. (c) The rights and remedies available under this section are cumulative to each other and to any other rights and remedies available under law. (d) A person or business under this section shall not be required to disclose a technical breach of the security system that does not seem reasonably likely to subject customers to a risk of criminal activity. [2005 c 368 § 2.] Similar provision: RCW 42.56.590. Chapter 19.260 Chapter 19.260 RCW ENERGY EFFICIENCY Sections 19.260.010 19.260.020 19.260.030 19.260.040 19.260.050 19.260.060 19.260.070 19.260.900 Findings. Definitions. Application of chapter. Minimum efficiency standards. Limit on sale or installation of products required to meet or exceed standards in RCW 19.260.040. Department recommended updates to standards. Manufacturers must test products—Certification—Rules— Identification of products—Complaints—Penalty. Severability—2005 c 298. 19.260.010 Findings. The legislature finds that: (1) According to estimates of the department of community, trade, and economic development, the efficiency standards set forth in chapter 298, Laws of 2005 will save nine hundred thousand megawatt-hours of electricity, thirteen mil19.260.010 [Title 19 RCW—page 286] lion therms of natural gas, and one billion seven hundred million gallons of water in the year 2020, fourteen years after the standards have become effective, with a total net present value to buyers of four hundred ninety million dollars in 2020. (2) Efficiency standards for certain products sold or installed in the state assure consumers and businesses that such products meet minimum efficiency performance levels thus saving money on utility bills. (3) Efficiency standards save energy and reduce pollution and other environmental impacts associated with the production, distribution, and use of electricity and natural gas. (4) Efficiency standards contribute to the economy of Washington by helping to better balance energy supply and demand, thus reducing pressure for higher natural gas and electricity prices. By saving consumers and businesses money on energy bills, efficiency standards help the state and local economy, since energy bill savings can be spent on local goods and services. (5) Efficiency standards can make electricity systems more reliable by reducing the strain on the electricity grid during peak demand periods. Furthermore, improved energy efficiency can reduce or delay the need for new power plants, power transmission lines, and power distribution system upgrades. [2005 c 298 § 1.] 19.260.020 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Automatic commercial ice cube machine" means a factory-made assembly, not necessarily shipped in one package, consisting of a condensing unit and ice-making section operating as an integrated unit with means for making and harvesting ice cubes. It may also include integrated components for storing or dispensing ice, or both. (2) "Ballast" means a device used with an electric discharge lamp to obtain necessary circuit conditions, such as voltage, current, and waveform, for starting and operating the lamp. (3) "Commercial clothes washer" means a soft mount horizontal or vertical-axis clothes washer that: (a) Has a clothes container compartment no greater than 3.5 cubic feet in the case of a horizontal-axis product or no greater than 4.0 cubic feet in the case of a vertical-axis product; and (b) is designed for use by more than one household, such as in multifamily housing, apartments, or coin laundries. (4) "Commercial prerinse spray valve" means a handheld device designed and marketed for use with commercial dishwashing and warewashing equipment and that sprays water on dishes, flatware, and other food service items for the purpose of removing food residue prior to their cleaning. (5)(a) "Commercial refrigerators and freezers" means refrigerators, freezers, or refrigerator-freezers designed for use by commercial or institutional facilities for the purpose of storing or merchandising food products, beverages, or ice at specified temperatures that: (i) Incorporate most components involved in the vapor-compression cycle and the refrigerated compartment in a single cabinet; and (ii) may be configured with either solid or transparent doors as a reach-in cabinet, pass-through cabinet, roll-in cabinet, or roll-through cabinet. 19.260.020 (2008 Ed.) Energy Efficiency (b) "Commercial refrigerators and freezers" does not include: (i) Products with 85 cubic feet or more of internal volume; (ii) walk-in refrigerators or freezers; (iii) consumer products that are federally regulated pursuant to 42 U.S.C. Sec. 6291 et seq.; (iv) products without doors; or (v) freezers specifically designed for ice cream. (6) "Compensation" means money or any other valuable thing, regardless of form, received or to be received by a person for services rendered. (7) "Department" means the department of community, trade, and economic development. (8) "High-intensity discharge lamp" means a lamp in which light is produced by the passage of an electric current through a vapor or gas, and in which the light-producing arc is stabilized by bulb wall temperature and the arc tube has a bulb wall loading in excess of three watts per square centimeter. (9) "Metal halide lamp" means a high-intensity discharge lamp in which the major portion of the light is produced by radiation of metal halides and their products of dissociation, possibly in combination with metallic vapors. (10) "Metal halide lamp fixture" means a light fixture designed to be operated with a metal halide lamp and a ballast for a metal halide lamp. (11) "Pass-through cabinet" means a commercial refrigerator or freezer with hinged or sliding doors on both the front and rear of the unit. (12) "Probe-start metal halide ballast" means a ballast used to operate metal halide lamps which does not contain an igniter and which instead starts lamps by using a third starting electrode "probe" in the arc tube. (13) "Reach-in cabinet" means a commercial refrigerator or freezer with hinged or sliding doors or lids, but does not include roll-in or roll-through cabinets or pass-through cabinets. (14)(a) "Roll-in cabinet" means a commercial refrigerator or freezer with hinged or sliding doors that allow wheeled racks of product to be rolled into the unit. (b) "Roll-through cabinet" means a commercial refrigerator or freezer with hinged or sliding doors on two sides of the cabinet that allow wheeled racks of product to be rolled through the unit. (15)(a) "Single-voltage external AC to DC power supply" means a device that: (i) Is designed to convert line voltage alternating current input into lower voltage direct current output; (ii) is able to convert to only one DC output voltage at a time; (iii) is sold with, or intended to be used with, a separate end-use product that constitutes the primary power load; (iv) is contained within a separate physical enclosure from the end-use product; (v) is connected to the end-use product via a removable or hard-wired male/female electrical connection, cable, cord, or other wiring; and (vi) has a nameplate output power less than or equal to 250 watts. (b) "Single-voltage external AC to DC power supply" does not include: (i) Products with batteries or battery packs that physically attach directly to the power supply unit; (ii) products with a battery chemistry or type selector switch and indicator light; or (iii) products with a battery chemistry or type selector switch and a state of charge meter. (16) "State-regulated incandescent reflector lamp" means a lamp that is not colored or designed for rough or (2008 Ed.) 19.260.030 vibration service applications, that has an inner reflective coating on the outer bulb to direct the light, an E26 medium screw base, and a rated voltage or voltage range that lies at least partially within 115 to 130 volts, and that falls into one of the following categories: (a) A bulged reflector or elliptical reflector bulb shape and which has a diameter which equals or exceeds 2.25 inches; (b) A reflector, parabolic aluminized reflector, or similar bulb shape and which has a diameter of 2.25 to 2.75 inches. (17) "Transformer" means a device consisting of two or more coils of insulated wire and that is designed to transfer alternating current by electromagnetic induction from one coil to another to change the original voltage or current value. (18)(a) "Unit heater" means a self-contained, vented fantype commercial space heater that uses natural gas or propane, and that is designed to be installed without ducts within a heated space. (b) "Unit heater" does not include any products covered by federal standards established pursuant to 42 U.S.C. Sec. 6291 et seq. or any product that is a direct vent, forced flue heater with a sealed combustion burner. [2006 c 194 § 1; 2005 c 298 § 2.] 19.260.030 Application of chapter. (1) This chapter applies to the following types of new products sold, offered for sale, or installed in the state: (a) Automatic commercial ice cube machines; (b) commercial clothes washers; (c) commercial prerinse spray valves; (d) commercial refrigerators and freezers; (e) metal halide lamp fixtures; (f) single-voltage external AC to DC power supplies; (g) state-regulated incandescent reflector lamps; and (h) unit heaters. This chapter applies equally to products whether they are sold, offered for sale, or installed as a stand-alone product or as a component of another product. (2) This chapter does not apply to (a) new products manufactured in the state and sold outside the state, (b) new products manufactured outside the state and sold at wholesale inside the state for final retail sale and installation outside the state, (c) products installed in mobile manufactured homes at the time of construction, or (d) products designed expressly for installation and use in recreational vehicles. [2006 c 194 § 2; 2005 c 298 § 3.] 19.260.030 [Title 19 RCW—page 287] 19.260.040 Title 19 RCW: Business Regulations—Miscellaneous 19.260.040 19.260.040 Minimum efficiency standards. The legislature establishes the following minimum efficiency standards for the types of new products set forth in RCW 19.260.030. (1)(a) Automatic commercial ice cube machines must have daily energy use and daily water use no greater than the applicable values in the following table: Maximum condenser Maximum water use energy use Harvest rate (gallons/100 lbs. ice) (kWh/100 lbs.) Equipment type Type of cooling (lbs. ice/24 hrs.) Ice-making head water <500 7.80 - .0055H 200 - .022H >=500<1436 5.58 - .0011H 200 - .022H >=1436 4.0 200 - .022H Ice-making head air 450 10.26 - .0086H Not applicable >=450 6.89 - .0011H Not applicable Remote condensing but not air <1000 8.85 - .0038 Not applicable remote compressor >=1000 5.10 Not applicable Remote condensing and air <934 8.85 - .0038H Not applicable remote compressor >=934 5.3 Not applicable Self-contained models water <200 11.40 - .0190H 191 - .0315H >=200 7.60 191 - .0315H Self-contained models air <175 18.0 - .0469H Not applicable >=175 9.80 Not applicable Where H= harvest rate in pounds per twenty-four hours which must be reported within 5% of the tested value. "Maximum water use" applies only to water used for the condenser. (b) For purposes of this section, automatic commercial ice cube machines shall be tested in accordance with ARI 810-2003 test method as published by the air-conditioning and refrigeration institute. Ice-making heads include all automatic commercial ice cube machines that are not split system ice makers or self-contained models as defined in ARI 810-2003. (2) Commercial clothes washers must have a minimum modified energy factor of 1.26. For the purposes of this section, capacity and modified energy factor are defined and measured in accordance with the current federal test method for clothes washers as found at 10 C.F.R. Sec. 430.23. (3) Commercial prerinse spray valves must have a flow rate equal to or less than 1.6 gallons per minute when measured in accordance with the American society for testing and materials’ "Standard Test Method for Prerinse Spray Valves," ASTM F2324-03. (4)(a) Commercial refrigerators and freezers must meet the applicable requirements listed in the following table: Equipment Type Reach-in cabinets, pass-through cabinets, and roll-in or roll-through cabinets that are refrigerators Reach-in cabinets, pass-through cabinets, and roll-in or roll-through cabinets that are "pulldown" refrigerators Reach-in cabinets, pass-through cabinets, and roll-in or roll-through cabinets that are freezers Reach-in cabinets that are refrigerator-freezers with an AV of 5.19 or higher Doors Solid Transparent Maximum Daily Energy Consumption (kWh) 0.10V+ 2.04 0.12V+ 3.34 Transparent .126V+ 3.51 Solid Transparent Solid 0.40V+ 1.38 0.75V+ 4.10 0.27AV - 0.71 kWh= kilowatt hours V= total volume (ft3) AV= adjusted volume= [1.63 x freezer volume (ft3)]+ refrigerator volume (ft3) (b) For purposes of this section, "pulldown" designates products designed to take a fully stocked refrigerator with beverages at 90 degrees F and cool those beverages to a stable temperature of 38 degrees F within 12 hours or less. Daily energy consumption shall be measured in accordance with the American national standards institute/American society of heating, refrigerating and air-conditioning engineers test method 117-2002, except that the back-loading doors of pass-through and roll-through refrigerators and freezers must remain closed throughout the test, and except that the controls of all appliances must be adjusted to obtain the following product temperatures. [Title 19 RCW—page 288] (2008 Ed.) Energy Efficiency Product or compartment type Refrigerator Freezer 19.260.070 Integrated average product temperature in degrees Fahrenheit 38+ 2 0+ 2 (5) Metal halide lamp fixtures designed to be operated with lamps rated greater than or equal to 150 watts but less than or equal to 500 watts shall not contain a probe-start metal halide lamp ballast. (6)(a) Single-voltage external AC to DC power supplies shall meet the requirements in the following table: Nameplate output < 1 Watt > or= 1 Watt and < or= 49 Watts > 49 Watts < 10 Watts > or= 10 Watts and < or= 250 Watts Minimum Efficiency in Active Mode 0.49 * Nameplate Output 0.09 * Ln (Nameplate Output)+ 0.49 0.84 Maximum Energy Consumption in No-Load Mode 0.5 Watts 0.75 Watts Where Ln (Nameplate Output) - Natural Logarithm of the nameplate output expressed in Watts (b) For the purposes of this section, efficiency of single-voltage external AC to DC power supplies shall be measured in accordance with the United States environmental protection agency’s "Test Method for Calculating the Energy Efficiency of Single-Voltage External AC to DC and AC to AC Power Supplies," by Ecos Consulting and Power Electronics Application Center, dated August 11, 2004. (7)(a) State-regulated incandescent reflector lamps shall meet the minimum average lamp efficacy requirements for federally regulated incandescent reflector lamps contained in 42 U.S.C. Sec. 6295(i)(l)(A). (b) The following types of incandescent lamps are exempt from these requirements: (i) Lamps rated at fifty watts or less of the following types: BR 30, ER 30, BR 40, and ER 40; (ii) Lamps rated at sixty-five watts of the following types: BR 30, BR 40, and ER 40; and (iii) R 20 lamps of forty-five watts or less. (8) Unit heaters must be equipped with intermittent ignition devices and must have either power venting or an automatic flue damper. [2006 c 194 § 3; 2005 c 298 § 4.] 19.260.050 19.260.050 Limit on sale or installation of products required to meet or exceed standards in RCW 19.260.040. (1) No new commercial prerinse spray valve, commercial clothes washer, commercial refrigerator or freezer, state-regulated incandescent reflector lamp, or unit heater manufactured on or after January 1, 2007, may be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in RCW 19.260.040. No new automatic commercial ice cube machine, single-voltage external AC to DC power supply, or metal halide lamp fixtures manufactured on or after January 1, 2008, may be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in RCW 19.260.040. (2) On or after January 1, 2008, no new commercial prerinse spray valve, commercial clothes washer, commercial refrigerator or freezer, single-voltage external AC to DC power supply, state-regulated incandescent reflector lamp, or unit heater manufactured on or after January 1, 2007, may be installed for compensation in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in RCW 19.260.040. On or after January 1, 2009, no new automatic commercial ice cube machine or metal halide lamp fixtures manufactured on or after January 1, 2008, may be installed for compensation in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in RCW 19.260.040. (3) Standards for metal halide lamp fixtures and stateregulated incandescent reflector lamps are effective on the (2008 Ed.) dates in subsections (1) and (2) of this section. [2006 c 194 § 4; 2005 c 298 § 5.] 19.260.060 Department recommended updates to standards. The department may recommend updates to the energy efficiency standards and test methods for products listed in RCW 19.260.030. The department may also recommend establishing state standards for additional nonfederally covered products. In making its recommendations, the department shall use the following criteria: (1) Multiple manufacturers produce products that meet the proposed standard at the time of recommendation, (2) products meeting the proposed standard are available at the time of recommendation, (3) the products are cost-effective to consumers on a life-cycle cost basis using average Washington resource rates, (4) the utility of the energy efficient product meets or exceeds the utility of the comparable product available for purchase, and (5) the standard exists in at least two other states in the United States. For recommendations concerning commercial clothes washers, the department must also consider the fiscal effects on the low-income, elderly, and student populations. Any recommendations shall be transmitted to the appropriate committees of the legislature sixty days before the start of any regular legislative session. [2005 c 298 § 6.] 19.260.060 19.260.070 Manufacturers must test products—Certification—Rules—Identification of products—Complaints—Penalty. (1) The manufacturers of products covered by this chapter must test samples of their products in 19.260.070 [Title 19 RCW—page 289] 19.260.900 Title 19 RCW: Business Regulations—Miscellaneous accordance with the test procedures under this chapter or those specified in the state building code. (2) Manufacturers of new products covered by RCW 19.260.030, except for single-voltage external AC to DC power supplies, shall certify to the department that the products are in compliance with this chapter. This certification must be based on test results unless this chapter does not specify a test method. The department shall establish rules governing the certification of these products and may coordinate with the certification programs of other states and federal agencies with similar standards. (3) Manufacturers of new products covered by RCW 19.260.030 shall identify each product offered for sale or installation in the state as in compliance with this chapter by means of a mark, label, or tag on the product and packaging at the time of sale or installation. The department shall establish rules governing the identification of these products and packaging, which shall be coordinated to the greatest practical extent with the labeling programs of other states and federal agencies with equivalent efficiency standards. (4) The department may test products covered by RCW 19.260.030. If products so tested are found not to be in compliance with the minimum efficiency standards established under RCW 19.260.040, the department shall: (a) Charge the manufacturer of the product for the cost of product purchase and testing; and (b) make information available to the public on products found not to be in compliance with the standards. (5) The department shall obtain in paper form the test methods specified in RCW 19.260.040, which shall be available for public use at the department’s energy policy offices. (6) The department shall investigate complaints received concerning violations of this chapter. Any manufacturer or distributor who violates this chapter shall be issued a warning by the director of the department for any first violation. Repeat violations are subject to a civil penalty of not more than two hundred fifty dollars a day. Penalties assessed under this subsection are in addition to costs assessed under subsection (4) of this section. (7) The department may adopt rules as necessary to ensure the proper implementation and enforcement of this chapter. (8) The proceedings relating to this chapter are governed by the administrative procedure act, chapter 34.05 RCW. [2005 c 298 § 7.] 19.260.900 Severability—2005 c 298. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [2005 c 298 § 8.] 19.260.900 Chapter 19.265 RCW Chapter 19.265 TAX REFUND ANTICIPATION LOANS Sections 19.265.010 19.265.020 19.265.030 19.265.040 19.265.050 Definitions. Registration of facilitators. Required disclosure. Borrower may rescind loan—Manner. Facilitators—Unlawful activities. [Title 19 RCW—page 290] 19.265.060 19.265.070 19.265.900 Violation of chapter—Penalty. Finding—Application of chapter 19.86 RCW. Short title. 19.265.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Borrower" means a taxpayer who receives the proceeds of a refund anticipation loan. (2) "Department" means the department of financial institutions. (3) "Director" means the director of the department of financial institutions. (4) "Facilitator" means a person who receives or accepts for delivery an application for a refund anticipation loan, delivers a check in payment of refund anticipation loan proceeds, or in any other manner acts to allow the making of a refund anticipation loan. "Facilitator" does not include a bank, thrift, savings association, industrial bank, or credit union, operating under the laws of the United States or this state, an affiliate that is a servicer for such an entity, or any person who acts solely as an intermediary and does not deal with a taxpayer in the making of the refund anticipation loan. (5) "Lender" means a person who extends credit to a borrower in the form of a refund anticipation loan. (6) "Person" means an individual, a firm, a partnership, an association, a corporation, or other entity. (7) "Refund anticipation loan" means a loan borrowed by a taxpayer from a lender based on the taxpayer’s anticipated federal income tax refund. (8) "Refund anticipation loan fee" means the charges, fees, or other consideration imposed by the lender for a refund anticipation loan. This term does not include any charge, fee, or other consideration usually imposed by the facilitator in the ordinary course of business for nonloan services, such as fees for tax return preparation and fees for electronic filing of tax returns. (9) "Refund anticipation loan fee schedule" means a listing or table of refund anticipation loan fees charged by the facilitator or the lender for three or more representative refund anticipation loan amounts. The schedule shall list separately each fee or charge imposed, as well as a total of all fees imposed, related to the making of refund anticipation loans. The schedule shall also include, for each representative loan amount, the estimated annual percentage rate calculated under the guidelines established by the federal truth in lending act, 15 U.S.C. Sec. 1601 et seq. (10) "Taxpayer" means an individual who files a federal income tax return. [2005 c 471 § 2.] 19.265.010 19.265.020 Registration of facilitators. (1) No person may individually, or in conjunction or cooperation with another person act as a facilitator unless that person is: (a) A tax preparer or works for a person that engages in the business of tax preparation; (b) Accepted by the internal revenue service as an authorized IRS e-file provider; and (c) Registered with the department as a facilitator. The director may prescribe the registration form. (2) A person is registered as a facilitator by providing the department, on or before December 31st of each year with: 19.265.020 (2008 Ed.) Computer Spyware (a) A list of authorized IRS e-file providers in the state of Washington for the current tax filing year; and (b) A thirty-five dollar processing fee for each authorized e-file provider on the list. (3) After the December 31st deadline, a facilitator may amend the registration required in subsection (2) of this section to reflect additions or deletions of office locations or efile providers authorized by the internal revenue service. (4) The department shall make available to the public a list of all facilitators registered under this section. (5) This section does not apply to a person doing business as a bank, thrift, savings association, industrial bank, or credit union, operating under the laws of the United States or this state, an affiliate that is a servicer for such an entity, or any person who acts solely as an intermediary and does not deal with a taxpayer in the making of the refund anticipation loan. (6) This chapter shall preempt and be exclusive of all local acts, statutes, ordinances, and regulations relating to refund anticipation loans. This subsection shall be given retroactive and prospective effect. [2005 c 471 § 3.] 19.265.030 Required disclosure. (1) For all refund anticipation loans, a facilitator must provide clear disclosure to the borrower prior to the borrower’s completion of the application. The disclosure must contain the following: (a) The refund anticipation loan fee schedule; and (b) A written statement, in a minimum of ten-point type, containing the following elements: (i) That a refund anticipation loan is a loan, and is not the borrower’s actual income tax refund; (ii) That the taxpayer can file an income tax return electronically without applying for a refund anticipation loan; (iii) The average times according to the internal revenue service within which a taxpayer who does not obtain a refund anticipation loan can expect to receive a refund if the taxpayer’s return is (A) filed electronically and the refund is directly deposited to the taxpayer’s bank account or mailed to the taxpayer, and (B) mailed to the internal revenue service and the refund is directly deposited to the taxpayer’s bank account or mailed to the taxpayer; (iv) That the internal revenue service does not guarantee that it will pay the full amount of the anticipated refund and it does not guarantee a specific date that a refund will be deposited into a taxpayer’s financial institution account or mailed to a taxpayer; (v) That the borrower is responsible for repayment of the loan and related fees in the event that the tax refund is not paid or paid in full; (vi) The estimated time within which the loan proceeds will be paid to the borrower if the loan is approved; (vii) The fee that will be charged, if any, if the borrower’s loan is not approved; and (viii) The borrower’s right to rescind the refund anticipation loan transaction as provided in RCW 19.265.040. (2) The following additional information must be provided to the borrower of a refund anticipation loan before consummation of the loan transaction: (a) The estimated total fees for obtaining the refund anticipation loan; and 19.265.030 (2008 Ed.) Chapter 19.270 (b) The estimated annual percentage rate for the borrower’s refund anticipation loan, using the guidelines established under the federal truth in lending act (15 U.S.C. Sec. 1601 et seq.). [2005 c 471 § 4.] 19.265.040 Borrower may rescind loan—Manner. A borrower may rescind a loan, on or before the close of business on the next day of business, by either returning the original check issued for the loan or providing the amount of the loan in cash to the lender or the facilitator. The facilitator may not charge the borrower a fee for rescinding the loan or a refund anticipation loan fee if the loan is rescinded but may charge the borrower the administrative cost of establishing a bank account to electronically receive the refund. [2005 c 471 § 5.] 19.265.040 19.265.050 Facilitators—Unlawful activities. It is unlawful for a facilitator of a refund anticipation loan to engage in any of the following activities: (1) Misrepresent a material factor or condition of a refund anticipation loan; (2) Fail to process the application for a refund anticipation loan promptly after the consumer applies for the loan; (3) Engage in any dishonest, fraudulent, unfair, unconscionable, or unethical practice or conduct in connection with a refund anticipation loan; (4) Arrange for a creditor to take a security interest in any property of the consumer other than the proceeds of the consumer’s tax refund and the account into which that tax refund is deposited to secure payment of the loan; and (5) Offer a refund anticipation loan that, including any refund anticipation loan fee or any other fee related to the loan or tax preparation, exceeds the amount of the anticipated tax refund. [2005 c 471 § 6.] 19.265.050 19.265.060 Violation of chapter—Penalty. Any person who knowingly and willfully violates this chapter is guilty of a misdemeanor and shall be fined up to five hundred dollars for each offense. [2005 c 471 § 7.] 19.265.060 19.265.070 Finding—Application of chapter 19.86 RCW. The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW. [2005 c 471 § 8.] 19.265.070 19.265.900 Short title. This chapter may be known and cited as the tax refund anticipation loan act. [2005 c 471 § 1.] 19.265.900 Chapter 19.270 Chapter 19.270 RCW COMPUTER SPYWARE Sections 19.270.010 19.270.020 Definitions. Unlawful activities—Unauthorized transmission of software. [Title 19 RCW—page 291] 19.270.010 19.270.040 19.270.050 19.270.060 19.270.070 19.270.080 19.270.900 Title 19 RCW: Business Regulations—Miscellaneous Unlawful activities—Installation or execution of software component—Deceptive misrepresentation. Application and construction of RCW 19.270.020 (5) through (11) or 19.270.040. Who may bring an action—Damages—Attorneys’ fees— Limit of damages. Intent—Chapter preempts local laws. Chapter 19.86 RCW not affected. Severability—2005 c 500. 19.270.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Advertisement" means a communication, the primary purpose of which is the commercial promotion of a commercial product or service, including a communication on an internet web site that is operated for a commercial purpose. (2) "Computer software" means a sequence of instructions written in any programming language that is executed on a computer. "Computer software" does not include computer software that is a web page, or are data components of web pages that are not executable independently of the web page. (3) "Damage" means any significant impairment to the integrity or availability of data, computer software, a system, or information. (4) "Deceptive" means: (a) A materially false or fraudulent statement; or (b) a statement or description that omits or misrepresents material information in order to deceive an owner or operator. (5) "Execute" means the performance of the functions or the carrying out of the instructions of the computer software. (6) "Internet" means the global information system that is logically linked together by a globally unique address space based on the internet protocol (IP), or its subsequent extensions, and that is able to support communications using the transmission control protocol/internet protocol (TCP/IP) suite, or its subsequent extensions, or other IP-compatible protocols, and that provides, uses, or makes accessible, either publicly or privately, high level services layered on the communications and related infrastructure described in this subsection. (7) "Owner or operator" means the owner or lessee of a computer, or someone using such computer with the owner’s or lessee’s authorization. "Owner or operator" does not include any person who owns a computer before the first retail sale of such computer. (8) "Person" means any individual, partnership, corporation, limited liability company, or other organization, or any combination thereof. (9) "Personally identifiable information" means any of the following with respect to an individual who is an owner or operator: (a) First name or first initial in combination with last name; (b) A home or other physical address including street name; (c) An electronic mail address; (d) A credit or debit card number, bank account number, or a password or access code associated with a credit or debit card or bank account; 19.270.010 [Title 19 RCW—page 292] (e) Social security number, tax identification number, driver’s license number, passport number, or any other government-issued identification number; or (f) Any of the following information in a form that personally identifies an owner or operator: (i) Account balances; (ii) Overdraft history; or (iii) Payment history. (10) "Procure" means to knowingly, or with conscious avoidance of knowledge, pay or provide other consideration to, or induce, another person to transmit on one’s behalf. (11) "Transmit" means to knowingly, or with conscious avoidance of knowledge, transfer, send, or make available computer software, or any component thereof, via the internet or any other medium, including local area networks of computers, other nonwire transmission, and disc or other data storage device. "Transmit" does not include any action by a person providing: (a) The internet connection, telephone connection, or other means of transmission capability through which the software was made available; (b) The storage or hosting of the software program or a web page through which the software was made available, unless the person providing the storage or hosting services knows or reasonably should know there is or will be a violation of this chapter, and participates in or ratifies the actions constituting the violation; or (c) An information location tool, such as a directory, index reference, pointer, or hypertext link, through which the user of the computer located the software, unless such person receives a direct economic benefit from the execution of such software on the computer. [2008 c 66 § 1; 2005 c 500 § 1.] 19.270.020 Unlawful activities—Unauthorized transmission of software. It is unlawful for a person, without the authorization of the owner or operator, to transmit, or procure the transmission of, software to the owner or operator’s computer with actual knowledge or conscious avoidance of actual knowledge that the software does any of the following: (1) Modifies, through deceptive means, settings that control any of the following: (a) The page that appears when an owner or operator launches an internet browser or similar computer software used to access and navigate the internet; (b) The default provider or web proxy the owner or operator uses to access or search the internet; (c) The owner or operator’s list of bookmarks used to access web pages; or (d) The toolbars or buttons of the owner or operator’s internet browser or similar computer software used to access and navigate the internet; (2) Collects, through intentionally deceptive means, personally identifiable information through the use of a keystroke-logging function or through extracting the information from the owner or operator’s hard drive; (3) Prevents, through intentionally deceptive means, an owner or operator’s reasonable efforts to block the installation or execution of, or to disable, computer software; (4) Misrepresents that computer software will be uninstalled or disabled by an owner or operator’s action; 19.270.020 (2008 Ed.) Computer Spyware (5) Through intentionally deceptive means, removes, disables, or renders inoperative security, antispyware, or antivirus computer software installed on the computer, or through intentionally deceptive means disables the ability of such computer software to update automatically; (6) Accesses or uses the modem or internet service for such computer to cause damage to the computer or cause an owner or operator to incur financial charges for a service that is not authorized by the owner or operator; (7) Opens multiple, sequential, stand-alone advertisements in the owner or operator’s computer without the authorization of the owner or operator and that a reasonable computer user cannot close without turning off the computer or closing the internet browser; (8) Uses the owner or operator’s computer as part of an activity performed by a group of computers for the purpose of causing damage to another computer or person including, but not limited to, launching a denial of service attack; (9) Transmits or relays commercial electronic mail or a computer virus from the owner or operator’s computer, where the transmission or relaying is initiated by a person other than the owner or operator; (10) Modifies any of the following settings related to the computer’s access to, or use of, the internet: (a) Settings that protect information about the owner or operator in order to make unauthorized use of the owner or operator’s personally identifiable information; or (b) Security settings in order to cause damage to a computer; or (11) Prevents an owner or operator’s reasonable efforts to block the installation of, or to disable, computer software by doing any of the following: (a) Presenting the owner or operator with an option to decline installation of computer software and with knowledge or conscious avoidance of knowledge that when the option is selected the installation nevertheless proceeds; or (b) Falsely representing that computer software has been disabled. [2008 c 66 § 2; 2005 c 500 § 2.] 19.270.040 Unlawful activities—Installation or execution of software component—Deceptive misrepresentation. It is unlawful for a person who is not an owner or operator to do any of the following with regard to the owner or operator’s computer: (1) Induce an owner or operator to install a computer software component onto the computer by deceptively misrepresenting the extent to which installing the software is necessary for maintenance, update, or repair of the computer or computer software, for security or privacy reasons, for the proper operation of the computer, in order to open, view, or play a particular type of content; or (2) Induce an owner or operator to install a computer software component onto the computer by displaying a popup, web page, or other message that deceptively misrepresents the source of the message; or (3) Deceptively cause the execution on the computer of a computer software component that causes the owner or operator to use the component in a manner that violates any other provision of this section. [2008 c 66 § 3; 2005 c 500 § 4.] 19.270.040 (2008 Ed.) 19.270.900 19.270.050 Application and construction of RCW 19.270.020 (5) through (11) or 19.270.040. (1) Neither RCW 19.270.020 (5) through (11) nor 19.270.040 apply to any monitoring of, or interaction with, a subscriber’s internet or other network connection or service, or a computer, by a telecommunications carrier, cable operator, computer hardware or software provider, or provider of information service or interactive computer service for network or computer security purposes, diagnostics, technical support, maintenance, repair, authorized updates of software or system firmware, authorized remote system management, or detection or prevention of the unauthorized use of or fraudulent or other illegal activities in connection with a network, service, or computer software, including scanning for and removing software under this chapter. (2) This section shall not be construed to provide a defense to liability under the common law or any other state or federal law, nor shall it be construed as an affirmative grant of authority to engage in any of the activities listed in this section. [2008 c 66 § 4; 2005 c 500 § 5.] 19.270.050 19.270.060 Who may bring an action—Damages— Attorneys’ fees—Limit of damages. (1) In addition to any other remedies provided by this chapter or any other provision of law, the attorney general, or a provider of computer software or owner of a web site or trademark who is adversely affected by reason of a violation of this chapter, and whose action arises directly out of such person’s status as a provider or owner, may bring an action against a person who violates this chapter to enjoin further violations and to recover either actual damages or one hundred thousand dollars per violation, whichever is greater. (2) In an action under subsection (1) of this section, a court may increase the damages up to three times the damages allowed under subsection (1) of this section if the defendant has engaged in a pattern and practice of violating this chapter. The court may also award costs and reasonable attorneys’ fees to the prevailing party. (3) The amount of damages determined under subsection (1) or (2) of this section may not exceed two million dollars. [2008 c 66 § 5; 2005 c 500 § 6.] 19.270.060 19.270.070 Intent—Chapter preempts local laws. It is the intent of the legislature that this chapter is a matter of statewide concern. This chapter supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city and county, municipality, or local agency regarding spyware and notices to consumers from computer software providers regarding information collection. [2005 c 500 § 7.] 19.270.070 19.270.080 Chapter 19.86 RCW not affected. Chapter 500, Laws of 2005 does not add to, contract, alter, or amend any cause of action allowed under chapter 19.86 RCW and does not affect in any way the application of chapter 19.86 RCW to any future case or fact pattern. [2005 c 500 § 8.] 19.270.080 19.270.900 Severability—2005 c 500. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the 19.270.900 [Title 19 RCW—page 293] Chapter 19.275 Title 19 RCW: Business Regulations—Miscellaneous provision to other persons or circumstances is not affected. [2005 c 500 § 9.] Chapter 19.275 RCW ANTIPYRAMID PROMOTIONAL SCHEME ACT Chapter 19.275 Sections 19.275.010 19.275.020 19.275.030 19.275.040 19.275.900 Findings. Definitions. Pyramid scheme—Prohibition. Application of the consumer protection act. Short title—2006 c 65. 19.275.010 Findings. The legislature finds that pyramid schemes, chain letters, and related illegal schemes are enterprises: (1) That finance returns to participants through sums taken from newly attracted participants; (2) In which new participants are promised large returns for their investment or contribution; and (3) That involve unfair and deceptive sales tactics, including: Misrepresentations of sustainability, profitability and legality of the scheme, and false statements that the scheme is legal or approved by governmental agencies. [2006 c 65 § 1.] 19.275.010 19.275.020 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Compensation" means payment, regardless of how it is characterized, of money, financial benefit, or thing of value. "Compensation" does not include payment based on the sale of goods or services to anyone who is purchasing the goods or services for actual use or consumption. (2) "Consideration" means the payment, regardless of how it is characterized, of cash or the purchase of goods, services, or intangible property. "Consideration" does not include: (a) The purchase of goods or services furnished at cost to be used in making sales and not for resale; (b) The purchase of goods or services subject to a bona fide repurchase agreement as defined in subsection (5) of this section; or (c) Time and effort spent in pursuit of sales or recruiting activities. (3) "Person" means natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations, or any other legal entity. (4) "Pyramid schemes" means any plan or operation in which a person gives consideration for the right or opportunity to receive compensation that is derived primarily from the recruitment of other persons as participants in the plan or operation, rather than from the bona fide sale of goods, services, or intangible property to a person or by persons to others. (5)(a) "Repurchase agreement" means an enforceable agreement by the seller to repurchase, at the buyer’s written request, all currently marketable inventory within one year from its date of purchase; and the refund must not be less than ninety percent of the original net cost, less any consideration 19.275.020 [Title 19 RCW—page 294] received by the buyer when he or she bought the products being returned. (b) Products shall not be considered currently marketable if returned for repurchase after the products’ commercially reasonable usable or shelf life has passed, or if it has been clearly disclosed to the buyer that the products are seasonal, discontinued, or special promotion products that are not subject to the repurchase obligation. [2006 c 65 § 2.] 19.275.030 Pyramid scheme—Prohibition. (1) No person may establish, promote, operate, or participate in any pyramid scheme. (2) A limitation as to the number of persons who may participate, or the presence of additional conditions affecting eligibility for the opportunity to receive compensation under the scheme, does not change the identity of the scheme as a pyramid scheme. (3) It is not a defense under chapter 65, Laws of 2006 that a person, on giving consideration, obtains goods, services, or intangible property in addition to the right to receive compensation, nor is it a defense to designate the consideration a gift, donation offering, or other word of similar meaning. [2006 c 65 § 3.] 19.275.030 19.275.040 Application of the consumer protection act. The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW. [2006 c 65 § 4.] 19.275.040 19.275.900 Short title—2006 c 65. This act may be cited as the "antipyramid promotional scheme act." [2006 c 65 § 5.] 19.275.900 Chapter 19.280 RCW ELECTRIC UTILITY RESOURCE PLANS Chapter 19.280 Sections 19.280.010 19.280.020 19.280.030 19.280.040 19.280.050 19.280.060 Intent—Finding. Definitions. Development of a resource plan—Requirements of a resource plan. Investor-owned utilities submit integrated resource plans to the commission—Rules. Consumer-owned utilities. Department’s duties—Report to the legislature. 19.280.010 Intent—Finding. It is the intent of the legislature to encourage the development of new safe, clean, and reliable energy resources to meet demand in Washington for affordable and reliable electricity. To achieve this end, the legislature finds it essential that electric utilities in Washington develop comprehensive resource plans that explain the mix of generation and demand-side resources they plan to use to meet their customers’ electricity needs in both the short term and the long term. The legislature intends that information obtained from integrated resource planning under this 19.280.010 (2008 Ed.) Electric Utility Resource Plans chapter will be used to assist in identifying and developing new energy generation, conservation and efficiency resources, and related infrastructure to meet the state’s electricity needs. [2006 c 195 § 1.] 19.280.020 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Commission" means the utilities and transportation commission. (2) "Conservation and efficiency resources" means any reduction in electric power consumption that results from increases in the efficiency of energy use, production, transmission, or distribution. (3) "Consumer-owned utility" includes a municipal electric utility formed under Title 35 RCW, a public utility district formed under Title 54 RCW, an irrigation district formed under chapter 87.03 RCW, a cooperative formed under chapter 23.86 RCW, a mutual corporation or association formed under chapter 24.06 RCW, a port district formed under Title 53 RCW, or a water-sewer district formed under Title 57 RCW, that is engaged in the business of distributing electricity to one or more retail electric customers in the state. (4) "Department" means the department of community, trade, and economic development. (5) "Electric utility" means a consumer-owned or investor-owned utility. (6) "Full requirements customer" means an electric utility that relies on the Bonneville power administration for all power needed to supply its total load requirement other than that served by nondispatchable generating resources totaling no more than six megawatts or renewable resources. (7) "Governing body" means the elected board of directors, city council, commissioners, or board of any consumer-owned utility. (8) "High efficiency cogeneration" means the sequential production of electricity and useful thermal energy from a common fuel source, where, under normal operating conditions, the facility has a useful thermal energy output of no less than thirty-three percent of the total energy output. (9) "Integrated resource plan" means an analysis describing the mix of generating resources and conservation and efficiency resources that will meet current and projected needs at the lowest reasonable cost to the utility and its ratepayers and that complies with the requirements specified in RCW 19.280.030(1). (10) "Investor-owned utility" means a corporation owned by investors that meets the definition in RCW 80.04.010 and is engaged in distributing electricity to more than one retail electric customer in the state. (11) "Lowest reasonable cost" means the lowest cost mix of generating resources and conservation and efficiency resources determined through a detailed and consistent analysis of a wide range of commercially available resources. At a minimum, this analysis must consider resource cost, market-volatility risks, demand-side resource uncertainties, resource dispatchability, resource effect on system operation, the risks imposed on the utility and its ratepayers, public policies regarding resource preference adopted by Washington state or the federal government, and the cost of risks associ19.280.020 (2008 Ed.) 19.280.030 ated with environmental effects including emissions of carbon dioxide. (12) "Plan" means either an "integrated resource plan" or a "resource plan." (13) "Renewable resources" means electricity generation facilities fueled by: (a) Water; (b) wind; (c) solar energy; (d) geothermal energy; (e) landfill gas; (f) biomass energy utilizing animal waste, solid organic fuels from wood, forest, or field residues or dedicated energy crops that do not include wood pieces that have been treated with chemical preservatives such as creosote, pentachlorophenol, or copper-chrome-arsenic; (g) byproducts of pulping or wood manufacturing processes, including but not limited to bark, wood chips, sawdust, and lignin in spent pulping liquors; (h) ocean thermal, wave, or tidal power; or (i) gas from sewage treatment facilities. (14) "Resource plan" means an assessment that estimates electricity loads and resources over a defined period of time and complies with the requirements in RCW 19.280.030(2). [2006 c 195 § 2.] 19.280.030 Development of a resource plan— Requirements of a resource plan. Each electric utility must develop a plan consistent with this section. (1) Utilities with more than twenty-five thousand customers that are not full requirements customers shall develop or update an integrated resource plan by September 1, 2008. At a minimum, progress reports reflecting changing conditions and the progress of the integrated resource plan must be produced every two years thereafter. An updated integrated resource plan must be developed at least every four years subsequent to the 2008 integrated resource plan. The integrated resource plan, at a minimum, must include: (a) A range of forecasts, for at least the next ten years, of projected customer demand which takes into account econometric data and customer usage; (b) An assessment of commercially available conservation and efficiency resources. Such assessment may include, as appropriate, high efficiency cogeneration, demand response and load management programs, and currently employed and new policies and programs needed to obtain the conservation and efficiency resources; (c) An assessment of commercially available, utility scale renewable and nonrenewable generating technologies; (d) A comparative evaluation of renewable and nonrenewable generating resources, including transmission and distribution delivery costs, and conservation and efficiency resources using "lowest reasonable cost" as a criterion; (e) The integration of the demand forecasts and resource evaluations into a long-range assessment describing the mix of supply side generating resources and conservation and efficiency resources that will meet current and projected needs at the lowest reasonable cost and risk to the utility and its ratepayers; and (f) A short-term plan identifying the specific actions to be taken by the utility consistent with the long-range integrated resource plan. (2) All other utilities may elect to develop a full integrated resource plan as set forth in subsection (1) of this section or, at a minimum, shall develop a resource plan that: (a) Estimates loads for the next five and ten years; 19.280.030 [Title 19 RCW—page 295] 19.280.040 Title 19 RCW: Business Regulations—Miscellaneous (b) Enumerates the resources that will be maintained and/or acquired to serve those loads; and (c) Explains why the resources in (b) of this subsection were chosen and, if the resources chosen are not renewable resources or conservation and efficiency resources, why such a decision was made. (3) An electric utility that is required to develop a resource plan under this section must complete its initial plan by September 1, 2008. (4) Resource plans developed under this section must be updated on a regular basis, at a minimum on intervals of two years. (5) Plans shall not be a basis to bring legal action against electric utilities. (6) Each electric utility shall publish its final plan either as part of an annual report or as a separate document available to the public. The report may be in an electronic form. [2006 c 195 § 3.] 19.280.060 Department’s duties—Report to the legislature. The department shall review the plans of consumer-owned utilities and investor-owned utilities, and data available from other state, regional, and national sources, and prepare an electronic report to the legislature aggregating the data and assessing the overall adequacy of Washington’s electricity supply. The report shall include a statewide summary of utility load forecasts, load/resource balance, and utility plans for the development of thermal generation, renewable resources, and conservation and efficiency resources. The commission shall provide the department with data summarizing the plans of investor-owned utilities for use in the department’s statewide summary. The department may submit its report within the biennial report required under RCW 43.21F.045. [2006 c 195 § 6.] 19.280.060 Chapter 19.285 Chapter 19.285 RCW ENERGY INDEPENDENCE ACT Sections 19.280.040 Investor-owned utilities submit integrated resource plans to the commission—Rules. (1) Investor-owned utilities shall submit integrated resource plans to the commission. The commission shall establish by rule the requirements for preparation and submission of integrated resource plans. (2) The commission may adopt additional rules as necessary to clarify the requirements of RCW 19.280.030 as they apply to investor-owned utilities. [2006 c 195 § 4.] 19.280.040 19.280.050 Consumer-owned utilities. (1) The governing body of a consumer-owned utility that develops a plan under this chapter shall encourage participation of its consumers in development of the plans and progress reports and approve the plans and progress reports after it has provided public notice and hearing. (2) Each consumer-owned utility shall transmit a copy of its plan to the department by September 1, 2008, and transmit subsequent progress reports or plans to the department at least every two years thereafter. The department shall develop, in consultation with utilities, a common cover sheet that summarizes the essential data in their plans or progress reports. (3) Consumer-owned utilities may develop plans of a similar type jointly with other consumer-owned utilities. Data and assessments included in joint reports must be identifiable to each individual utility. (4) To minimize duplication of effort and maximize efficient use of utility resources, in developing their plans under RCW 19.280.030, consumer-owned utilities are encouraged to use resource planning concepts, techniques, and information provided to and by organizations such as the United States department of energy, the Northwest planning and conservation council, Pacific Northwest utility conference committee, and other state, regional, national, and international entities, and, for the 2008 plan, as appropriate, are encouraged to use and be consistent with relevant determinations required under Title XII - Electricity; Subtitle E, Sections 1251 - 1254 of the federal energy policy act of 2005. [2006 c 195 § 5.] 19.285.010 19.285.020 19.285.030 19.285.040 19.285.050 19.285.060 19.285.070 19.285.080 19.285.900 19.285.901 19.285.902 19.285.903 Intent. Declaration of policy. Definitions. Energy conservation and renewable energy targets. Resource costs. Accountability and enforcement—Energy independence act special account. Reporting and public disclosure. Rule making. Construction—2007 c 1 (Initiative Measure No. 937). Severability—2007 c 1 (Initiative Measure No. 937). Short title—2007 c 1 (Initiative Measure No. 937). Captions not law—2007 c 1 (Initiative Measure No. 937). 19.280.050 [Title 19 RCW—page 296] 19.285.010 Intent. This chapter concerns requirements for new energy resources. This chapter requires large utilities to obtain fifteen percent of their electricity from new renewable resources such as solar and wind by 2020 and undertake cost-effective energy conservation. [2007 c 1 § 1 (Initiative Measure No. 937, approved November 7, 2006).] 19.285.010 19.285.020 Declaration of policy. Increasing energy conservation and the use of appropriately sited renewable energy facilities builds on the strong foundation of low-cost renewable hydroelectric generation in Washington state and will promote energy independence in the state and the Pacific Northwest region. Making the most of our plentiful local resources will stabilize electricity prices for Washington residents, provide economic benefits for Washington counties and farmers, create high-quality jobs in Washington, provide opportunities for training apprentice workers in the renewable energy field, protect clean air and water, and position Washington state as a national leader in clean energy technologies. [2007 c 1 § 2 (Initiative Measure No. 937, approved November 7, 2006).] 19.285.020 19.285.030 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Attorney general" means the Washington state office of the attorney general. (2) "Auditor" means: (a) The Washington state auditor’s office or its designee for qualifying utilities under its jurisdic19.285.030 (2008 Ed.) Energy Independence Act tion that are not investor-owned utilities; or (b) an independent auditor selected by a qualifying utility that is not under the jurisdiction of the state auditor and is not an investor-owned utility. (3) "Commission" means the Washington state utilities and transportation commission. (4) "Conservation" means any reduction in electric power consumption resulting from increases in the efficiency of energy use, production, or distribution. (5) "Cost-effective" has the same meaning as defined in RCW 80.52.030. (6) "Council" means the Washington state apprenticeship and training council within the department of labor and industries. (7) "Customer" means a person or entity that purchases electricity for ultimate consumption and not for resale. (8) "Department" means the department of community, trade, and economic development or its successor. (9) "Distributed generation" means an eligible renewable resource where the generation facility or any integrated cluster of such facilities has a generating capacity of not more than five megawatts. (10) "Eligible renewable resource" means: (a) Electricity from a generation facility powered by a renewable resource other than fresh water that commences operation after March 31, 1999, where: (i) The facility is located in the Pacific Northwest; or (ii) the electricity from the facility is delivered into Washington state on a real-time basis without shaping, storage, or integration services; or (b) Incremental electricity produced as a result of efficiency improvements completed after March 31, 1999, to hydroelectric generation projects owned by a qualifying utility and located in the Pacific Northwest or to hydroelectric generation in irrigation pipes and canals located in the Pacific Northwest, where the additional generation in either case does not result in new water diversions or impoundments. (11) "Investor-owned utility" has the same meaning as defined in RCW 19.29A.010. (12) "Load" means the amount of kilowatt-hours of electricity delivered in the most recently completed year by a qualifying utility to its Washington retail customers. (13) "Nonpower attributes" means all environmentally related characteristics, exclusive of energy, capacity reliability, and other electrical power service attributes, that are associated with the generation of electricity from a renewable resource, including but not limited to the facility’s fuel type, geographic location, vintage, qualification as an eligible renewable resource, and avoided emissions of pollutants to the air, soil, or water, and avoided emissions of carbon dioxide and other greenhouse gases. (14) "Pacific Northwest" has the same meaning as defined for the Bonneville power administration in section 3 of the Pacific Northwest electric power planning and conservation act (94 Stat. 2698; 16 U.S.C. Sec. 839a). (15) "Public facility" has the same meaning as defined in RCW 39.35C.010. (16) "Qualifying utility" means an electric utility, as the term "electric utility" is defined in RCW 19.29A.010, that serves more than twenty-five thousand customers in the state of Washington. The number of customers served may be based on data reported by a utility in form 861, "annual elec(2008 Ed.) 19.285.040 tric utility report," filed with the energy information administration, United States department of energy. (17) "Renewable energy credit" means a tradable certificate of proof of at least one megawatt-hour of an eligible renewable resource where the generation facility is not powered by fresh water, the certificate includes all of the nonpower attributes associated with that one megawatt-hour of electricity, and the certificate is verified by a renewable energy credit tracking system selected by the department. (18) "Renewable resource" means: (a) Water; (b) wind; (c) solar energy; (d) geothermal energy; (e) landfill gas; (f) wave, ocean, or tidal power; (g) gas from sewage treatment facilities; (h) biodiesel fuel as defined in RCW 82.29A.135 that is not derived from crops raised on land cleared from old growth or first-growth forests where the clearing occurred after December 7, 2006; and (i) biomass energy based on animal waste or solid organic fuels from wood, forest, or field residues, or dedicated energy crops that do not include (i) wood pieces that have been treated with chemical preservatives such as creosote, pentachlorophenol, or copper-chromearsenic; (ii) black liquor byproduct from paper production; (iii) wood from old growth forests; or (iv) municipal solid waste. (19) "Rule" means rules adopted by an agency or other entity of Washington state government to carry out the intent and purposes of this chapter. (20) "Year" means the twelve-month period commencing January 1st and ending December 31st. [2007 c 1 § 3 (Initiative Measure No. 937, approved November 7, 2006).] 19.285.040 Energy conservation and renewable energy targets. (1) Each qualifying utility shall pursue all available conservation that is cost-effective, reliable, and feasible. (a) By January 1, 2010, using methodologies consistent with those used by the Pacific Northwest electric power and conservation planning council in its most recently published regional power plan, each qualifying utility shall identify its achievable cost-effective conservation potential through 2019. At least every two years thereafter, the qualifying utility shall review and update this assessment for the subsequent ten-year period. (b) Beginning January 2010, each qualifying utility shall establish and make publicly available a biennial acquisition target for cost-effective conservation consistent with its identification of achievable opportunities in (a) of this subsection, and meet that target during the subsequent two-year period. At a minimum, each biennial target must be no lower than the qualifying utility’s pro rata share for that two-year period of its cost-effective conservation potential for the subsequent ten-year period. (c) In meeting its conservation targets, a qualifying utility may count high-efficiency cogeneration owned and used by a retail electric customer to meet its own needs. High-efficiency cogeneration is the sequential production of electricity and useful thermal energy from a common fuel source, where, under normal operating conditions, the facility has a useful thermal energy output of no less than thirty-three percent of the total energy output. The reduction in load due to high-efficiency cogeneration shall be: (i) Calculated as the ratio of the fuel chargeable to power heat rate of the cogener19.285.040 [Title 19 RCW—page 297] 19.285.050 Title 19 RCW: Business Regulations—Miscellaneous ation facility compared to the heat rate on a new and clean basis of a best-commercially available technology combined-cycle natural gas-fired combustion turbine; and (ii) counted towards meeting the biennial conservation target in the same manner as other conservation savings. (d) The commission may determine if a conservation program implemented by an investor-owned utility is cost-effective based on the commission’s policies and practice. (e) The commission may rely on its standard practice for review and approval of investor-owned utility conservation targets. (2)(a) Each qualifying utility shall use eligible renewable resources or acquire equivalent renewable energy credits, or a combination of both, to meet the following annual targets: (i) At least three percent of its load by January 1, 2012, and each year thereafter through December 31, 2015; (ii) At least nine percent of its load by January 1, 2016, and each year thereafter through December 31, 2019; and (iii) At least fifteen percent of its load by January 1, 2020, and each year thereafter. (b) A qualifying utility may count distributed generation at double the facility’s electrical output if the utility: (i) Owns or has contracted for the distributed generation and the associated renewable energy credits; or (ii) has contracted to purchase the associated renewable energy credits. (c) In meeting the annual targets in (a) of this subsection, a qualifying utility shall calculate its annual load based on the average of the utility’s load for the previous two years. (d) A qualifying utility shall be considered in compliance with an annual target in (a) of this subsection if: (i) The utility’s weather-adjusted load for the previous three years on average did not increase over that time period; (ii) after December 7, 2006, the utility did not commence or renew ownership or incremental purchases of electricity from resources other than renewable resources other than on a daily spot price basis and the electricity is not offset by equivalent renewable energy credits; and (iii) the utility invested at least one percent of its total annual retail revenue requirement that year on eligible renewable resources, renewable energy credits, or a combination of both. (e) The requirements of this section may be met for any given year with renewable energy credits produced during that year, the preceding year, or the subsequent year. Each renewable energy credit may be used only once to meet the requirements of this section. (f) In complying with the targets established in (a) of this subsection, a qualifying utility may not count: (i) Eligible renewable resources or distributed generation where the associated renewable energy credits are owned by a separate entity; or (ii) Eligible renewable resources or renewable energy credits obtained for and used in an optional pricing program such as the program established in RCW 19.29A.090. (g) Where fossil and combustible renewable resources are cofired in one generating unit located in the Pacific Northwest where the cofiring commenced after March 31, 1999, the unit shall be considered to produce eligible renewable resources in direct proportion to the percentage of the total heat value represented by the heat value of the renewable resources. [Title 19 RCW—page 298] (h)(i) A qualifying utility that acquires an eligible renewable resource or renewable energy credit may count that acquisition at one and two-tenths times its base value: (A) Where the eligible renewable resource comes from a facility that commenced operation after December 31, 2005; and (B) Where the developer of the facility used apprenticeship programs approved by the council during facility construction. (ii) The council shall establish minimum levels of labor hours to be met through apprenticeship programs to qualify for this extra credit. (i) A qualifying utility shall be considered in compliance with an annual target in (a) of this subsection if events beyond the reasonable control of the utility that could not have been reasonably anticipated or ameliorated prevented it from meeting the renewable energy target. Such events include weather-related damage, mechanical failure, strikes, lockouts, and actions of a governmental authority that adversely affect the generation, transmission, or distribution of an eligible renewable resource under contract to a qualifying utility. (3) Utilities that become qualifying utilities after December 31, 2006, shall meet the requirements in this section on a time frame comparable in length to that provided for qualifying utilities as of December 7, 2006. [2007 c 1 § 4 (Initiative Measure No. 937, approved November 7, 2006).] 19.285.050 Resource costs. (1)(a) A qualifying utility shall be considered in compliance with an annual target created in RCW 19.285.040(2) for a given year if the utility invested four percent of its total annual retail revenue requirement on the incremental costs of eligible renewable resources, the cost of renewable energy credits, or a combination of both, but a utility may elect to invest more than this amount. (b) The incremental cost of an eligible renewable resource is calculated as the difference between the levelized delivered cost of the eligible renewable resource, regardless of ownership, compared to the levelized delivered cost of an equivalent amount of reasonably available substitute resources that do not qualify as eligible renewable resources, where the resources being compared have the same contract length or facility life. (2) An investor-owned utility is entitled to recover all prudently incurred costs associated with compliance with this chapter. The commission shall address cost recovery issues of qualifying utilities that are investor-owned utilities that serve both in Washington and in other states in complying with this chapter. [2007 c 1 § 5 (Initiative Measure No. 937, approved November 7, 2006).] 19.285.050 19.285.060 Accountability and enforcement— Energy independence act special account. (1) Except as provided in subsection (2) of this section, a qualifying utility that fails to comply with the energy conservation or renewable energy targets established in RCW 19.285.040 shall pay an administrative penalty to the state of Washington in the amount of fifty dollars for each megawatt-hour of shortfall. Beginning in 2007, this penalty shall be adjusted annually 19.285.060 (2008 Ed.) Energy Independence Act according to the rate of change of the inflation indicator, gross domestic product-implicit price deflator, as published by the bureau of economic analysis of the United States department of commerce or its successor. (2) A qualifying utility that does not meet an annual renewable energy target established in RCW 19.285.040(2) is exempt from the administrative penalty in subsection (1) of this section for that year if the commission for investorowned utilities or the auditor for all other qualifying utilities determines that the utility complied with RCW 19.285.040(2) (d) or (i) or 19.285.050(1). (3) A qualifying utility must notify its retail electric customers in published form within three months of incurring a penalty regarding the size of the penalty and the reason it was incurred. (4) The commission shall determine if an investor-owned utility may recover the cost of this administrative penalty in electric rates, and may consider providing positive incentives for an investor-owned utility to exceed the targets established in RCW 19.285.040. (5) Administrative penalties collected under this chapter shall be deposited into the energy independence act special account which is hereby created. All receipts from administrative penalties collected under this chapter must be deposited into the account. Expenditures from the account may be used only for the purchase of renewable energy credits or for energy conservation projects at public facilities, local government facilities, community colleges, or state universities. The state shall own and retire any renewable energy credits purchased using moneys from the account. Only the director of general administration or the director’s designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. (6) For a qualifying utility that is an investor-owned utility, the commission shall determine compliance with the provisions of this chapter and assess penalties for noncompliance as provided in subsection (1) of this section. (7) For qualifying utilities that are not investor-owned utilities, the auditor is responsible for auditing compliance with this chapter and rules adopted under this chapter that apply to those utilities and the attorney general is responsible for enforcing that compliance. [2007 c 1 § 6 (Initiative Measure No. 937, approved November 7, 2006).] 19.285.070 Reporting and public disclosure. (1) On or before June 1, 2012, and annually thereafter, each qualifying utility shall report to the department on its progress in the preceding year in meeting the targets established in RCW 19.285.040, including expected electricity savings from the biennial conservation target, expenditures on conservation, actual electricity savings results, the utility’s annual load for the prior two years, the amount of megawatt-hours needed to meet the annual renewable energy target, the amount of megawatt-hours of each type of eligible renewable resource acquired, the type and amount of renewable energy credits acquired, and the percent of its total annual retail revenue requirement invested in the incremental cost of eligible renewable resources and the cost of renewable energy credits. For each year that a qualifying utility elects to demonstrate alternative compliance under RCW 19.285.040(2) (d) or (i) 19.285.903 or 19.285.050(1), it must include in its annual report relevant data to demonstrate that it met the criteria in that section. A qualifying utility may submit its report to the department in conjunction with its annual obligations in chapter 19.29A RCW. (2) A qualifying utility that is an investor-owned utility shall also report all information required in subsection (1) of this section to the commission, and all other qualifying utilities shall also make all information required in subsection (1) of this section available to the auditor. (3) A qualifying utility shall also make reports required in this section available to its customers. [2007 c 1 § 7 (Initiative Measure No. 937, approved November 7, 2006).] 19.285.080 Rule making. (1) The commission may adopt rules to ensure the proper implementation and enforcement of this chapter as it applies to investor-owned utilities. (2) The department shall adopt rules concerning only process, timelines, and documentation to ensure the proper implementation of this chapter as it applies to qualifying utilities that are not investor-owned utilities. Those rules include, but are not limited to, rules associated with a qualifying utility’s development of conservation targets under RCW 19.285.040(1); a qualifying utility’s decision to pursue alternative compliance in RCW 19.285.040(2) (d) or (i) or 19.285.050(1); and the format and content of reports required in RCW 19.285.070. Nothing in this subsection may be construed to restrict the rate-making authority of the commission or a qualifying utility as otherwise provided by law. (3) The commission and department may coordinate in developing rules related to process, timelines, and documentation that are necessary for implementation of this chapter. (4) Pursuant to the administrative procedure act, chapter 34.05 RCW, rules needed for the implementation of this chapter must be adopted by December 31, 2007. These rules may be revised as needed to carry out the intent and purposes of this chapter. [2007 c 1 § 8 (Initiative Measure No. 937, approved November 7, 2006).] 19.285.080 19.285.900 Construction—2007 c 1 (Initiative Measure No. 937). The provisions of this chapter are to be liberally construed to effectuate the intent, policies, and purposes of this chapter. [2007 c 1 § 9 (Initiative Measure No. 937, approved November 7, 2006).] 19.285.900 19.285.070 (2008 Ed.) 19.285.901 Severability—2007 c 1 (Initiative Measure No. 937). If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [2007 c 1 § 10 (Initiative Measure No. 937, approved November 7, 2006).] 19.285.901 19.285.902 Short title—2007 c 1 (Initiative Measure No. 937). This chapter may be known and cited as the energy independence act. [2007 c 1 § 11 (Initiative Measure No. 937, approved November 7, 2006).] 19.285.902 19.285.903 Captions not law—2007 c 1 (Initiative Measure No. 937). Captions used in this chapter are not any 19.285.903 [Title 19 RCW—page 299] Chapter 19.290 Title 19 RCW: Business Regulations—Miscellaneous part of the law. [2007 c 1 § 12 (Initiative Measure No. 937, approved November 7, 2006).] Chapter 19.290 Chapter 19.290 RCW METAL PROPERTY Sections 19.290.010 19.290.020 19.290.030 19.290.040 19.290.050 19.290.060 19.290.070 19.290.080 19.290.090 19.290.900 19.290.901 Definitions. Private metal property or nonferrous metal property—Records required. Metal property and metallic wire—Requirements for transactions. Scrap metal businesses—Record of commercial accounts. Reports to law enforcement. Stolen metal property—Preserving evidence. Violations—Penalty. Civil penalties. Exemptions from chapter. Captions not law—2007 c 377. Severability—2007 c 377. 19.290.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Commercial account" means a relationship between a scrap metal business and a commercial enterprise that is ongoing and properly documented under RCW 19.290.030. (2) "Commercial enterprise" means a corporation, partnership, limited liability company, association, state agency, political subdivision of the state, public corporation, or any other legal or commercial entity. (3) "Commercial metal property" means: Utility access covers; street light poles and fixtures; road and bridge guardrails; highway or street signs; water meter covers; traffic directional and control signs; traffic light signals; any metal property marked with the name of a commercial enterprise, including but not limited to a telephone, commercial mobile radio services, cable, electric, water, natural gas, or other utility, or railroad; unused or undamaged building construction materials consisting of copper pipe, tubing, or wiring, or aluminum wire, siding, downspouts, or gutters; aluminum or stainless steel fence panels made from one inch tubing, fortytwo inches high with four-inch gaps; aluminum decking, bleachers, or risers; historical markers; statue plaques; grave markers and funeral vases; or agricultural irrigation wheels, sprinkler heads, and pipes. (4) "Nonferrous metal property" means metal property for which the value of the metal property is derived from the property’s content of copper, brass, aluminum, bronze, lead, zinc, nickel, and their alloys. "Nonferrous metal property" does not include precious metals. (5) "Precious metals" means gold, silver, and platinum. (6) "Private metal property" means catalytic converters, either singly or in bundles, bales, or bulk, that have been removed from vehicles for sale as a specific commodity. (7) "Record" means a paper, electronic, or other method of storing information. (8) "Scrap metal business" means a scrap metal supplier, scrap metal recycling center, and scrap metal processor. (9) "Scrap metal processor" means a person with a current business license that conducts business from a permanent location, that is engaged in the business of purchasing or receiving private metal property, nonferrous metal property, and commercial metal property for the purpose of altering the 19.290.010 [Title 19 RCW—page 300] metal in preparation for its use as feedstock in the manufacture of new products, and that maintains a hydraulic bailer, shearing device, or shredding device for recycling. (10) "Scrap metal recycling center" means a person with a current business license that is engaged in the business of purchasing or receiving private metal property, nonferrous metal property, and commercial metal property for the purpose of aggregation and sale to another scrap metal business and that maintains a fixed place of business within the state. (11) "Scrap metal supplier" means a person with a current business license that is engaged in the business of purchasing or receiving private metal property or nonferrous metal property for the purpose of aggregation and sale to a scrap metal recycling center or scrap metal processor and that does not maintain a fixed business location in the state. (12) "Transaction" means a pledge, or the purchase of, or the trade of any item of private metal property or nonferrous metal property by a scrap metal business from a member of the general public. "Transaction" does not include donations or the purchase or receipt of private metal property or nonferrous metal property by a scrap metal business from a commercial enterprise, from another scrap metal business, or from a duly authorized employee or agent of the commercial enterprise or scrap metal business. [2008 c 233 § 1; 2007 c 377 § 1.] 19.290.020 Private metal property or nonferrous metal property—Records required. (1) At the time of a transaction, every scrap metal business doing business in this state shall produce wherever that business is conducted an accurate and legible record of each transaction involving private metal property or nonferrous metal property. This record must be written in the English language, documented on a standardized form or in electronic form, and contain the following information: (a) The signature of the person with whom the transaction is made; (b) The time, date, location, and value of the transaction; (c) The name of the employee representing the scrap metal business in the transaction; (d) The name, street address, and telephone number of the person with whom the transaction is made; (e) The license plate number and state of issuance of the license plate on the motor vehicle used to deliver the private metal property or nonferrous metal property subject to the transaction; (f) A description of the motor vehicle used to deliver the private metal property or nonferrous metal property subject to the transaction; (g) The current driver’s license number or other government-issued picture identification card number of the seller or a copy of the seller’s government-issued picture identification card; and (h) A description of the predominant types of private metal property or nonferrous metal property subject to the transaction, including the property’s classification code as provided in the institute of scrap recycling industries scrap specifications circular, 2006, and weight, quantity, or volume. (2) For every transaction that involves private metal property or nonferrous metal property, every scrap metal 19.290.020 (2008 Ed.) Metal Property business doing business in the state shall require the person with whom a transaction is being made to sign a declaration. The declaration may be included as part of the transactional record required under subsection (1) of this section, or on a receipt for the transaction. The declaration must state substantially the following: "I, the undersigned, affirm under penalty of law that the property that is subject to this transaction is not to the best of my knowledge stolen property." The declaration must be signed and dated by the person with whom the transaction is being made. An employee of the scrap metal business must witness the signing and dating of the declaration and sign the declaration accordingly before any transaction may be consummated. (3) The record and declaration required under this section must be open to the inspection of any commissioned law enforcement officer of the state or any of its political subdivisions at all times during the ordinary hours of business, or at reasonable times if ordinary hours of business are not kept, and must be maintained wherever that business is conducted for one year following the date of the transaction. [2008 c 233 § 2; 2007 c 377 § 2.] 19.290.030 Metal property and metallic wire— Requirements for transactions. (1) No scrap metal business may enter into a transaction to purchase or receive private metal property or nonferrous metal property from any person who cannot produce at least one piece of current government-issued picture identification, including a valid driver’s license or identification card issued by any state. (2) No scrap metal business may purchase or receive private metal property or commercial metal property unless the seller: (a) Has a commercial account with the scrap metal business; (b) can prove ownership of the property by producing written documentation that the seller is the owner of the property; or (c) can produce written documentation that the seller is an employee or agent authorized to sell the property on behalf of a commercial enterprise. (3) No scrap metal business may enter into a transaction to purchase or receive metallic wire that was burned in whole or in part to remove insulation unless the seller can produce written proof to the scrap metal business that the wire was lawfully burned. (4) No transaction involving private metal property or nonferrous metal property valued at greater than thirty dollars may be made in cash or with any person who does not provide a street address under the requirements of RCW 19.290.020. For transactions valued at greater than thirty dollars, the person with whom the transaction is being made may only be paid by a nontransferable check, mailed by the scrap metal business to a street address provided under RCW 19.290.020, no earlier than ten days after the transaction was made. A transaction occurs on the date provided in the record required under RCW 19.290.020. (5) No scrap metal business may purchase or receive beer kegs from anyone except a manufacturer of beer kegs or licensed brewery. [2008 c 233 § 3; 2007 c 377 § 3.] 19.290.030 19.290.040 Scrap metal businesses—Record of commercial accounts. (1) Every scrap metal business must cre19.290.040 (2008 Ed.) 19.290.060 ate and maintain a permanent record with a commercial enterprise, including another scrap metal business, in order to establish a commercial account. That record, at a minimum, must include the following information: (a) The full name of the commercial enterprise or commercial account; (b) The business address and telephone number of the commercial enterprise or commercial account; and (c) The full name of the person employed by the commercial enterprise who is authorized to deliver private metal property, nonferrous metal property, and commercial metal property to the scrap metal business. (2) The record maintained by a scrap metal business for a commercial account must document every purchase or receipt of private metal property, nonferrous metal property, and commercial metal property from the commercial enterprise. The documentation must include, at a minimum, the following information: (a) The time, date, and value of the property being purchased or received; (b) A description of the predominant types of property being purchased or received; and (c) The signature of the person delivering the property to the scrap metal business. [2008 c 233 § 4; 2007 c 377 § 4.] 19.290.050 Reports to law enforcement. (1) Upon request by any commissioned law enforcement officer of the state or any of its political subdivisions, every scrap metal business shall furnish a full, true, and correct transcript of the records from the purchase or receipt of private metal property, nonferrous metal property, and commercial metal property involving a specific individual, vehicle, or item of private metal property, nonferrous metal property, or commercial metal property. This information may be transmitted within a specified time of not less than two business days to the applicable law enforcement agency electronically, by facsimile transmission, or by modem or similar device, or by delivery of computer disk subject to the requirements of, and approval by, the chief of police or the county’s chief law enforcement officer. (2) If the scrap metal business has good cause to believe that any private metal property, nonferrous metal property, or commercial metal property in his or her possession has been previously lost or stolen, the scrap metal business shall promptly report that fact to the applicable commissioned law enforcement officer of the state, the chief of police, or the county’s chief law enforcement officer, together with the name of the owner, if known, and the date when and the name of the person from whom it was received. [2008 c 233 § 5; 2007 c 377 § 5.] 19.290.050 19.290.060 Stolen metal property—Preserving evidence. (1) Following notification, either verbally or in writing, from a commissioned law enforcement officer of the state or any of its political subdivisions that an item of private metal property, nonferrous metal property, or commercial metal property has been reported as stolen, a scrap metal business shall hold that property intact and safe from alteration, damage, or commingling, and shall place an identifying tag or other suitable identification upon the property. The 19.290.060 [Title 19 RCW—page 301] 19.290.070 Title 19 RCW: Business Regulations—Miscellaneous scrap metal business shall hold the property for a period of time as directed by the applicable law enforcement agency up to a maximum of ten business days. (2) A commissioned law enforcement officer of the state or any of its political subdivisions shall not place on hold any item of private metal property, nonferrous metal property, or commercial metal property unless that law enforcement agency reasonably suspects that the property is a lost or stolen item. Any hold that is placed on the property must be removed within ten business days after the property on hold is determined not to be stolen or lost and the property must be returned to the owner or released. [2008 c 233 § 6; 2007 c 377 § 6.] 19.290.070 Violations—Penalty. It is a gross misdemeanor under chapter 9A.20 RCW for: (1) Any person to deliberately remove, alter, or obliterate any manufacturer’s make, model, or serial number, personal identification number, or identifying marks engraved or etched upon an item of private metal property, nonferrous metal property, or commercial metal property in order to deceive a scrap metal business; (2) Any scrap metal business to enter into a transaction to purchase or receive any private metal property, nonferrous metal property, or commercial metal property where the manufacturer’s make, model, or serial number, personal identification number, or identifying marks engraved or etched upon the property have been deliberately and conspicuously removed, altered, or obliterated; (3) Any person to knowingly make, cause, or allow to be made any false entry or misstatement of any material matter in any book, record, or writing required to be kept under this chapter; (4) Any scrap metal business to enter into a transaction to purchase or receive private metal property, nonferrous metal property, or commercial metal property from any person under the age of eighteen years or any person who is discernibly under the influence of intoxicating liquor or drugs; (5) Any scrap metal business to enter into a transaction to purchase or receive private metal property, nonferrous metal property, or commercial metal property with anyone whom the scrap metal business has been informed by a law enforcement agency to have been convicted of a crime involving drugs, burglary, robbery, theft, or possession of or receiving stolen property, manufacturing, delivering, or possessing with intent to deliver methamphetamine, or possession of ephedrine or any of its salts or isomers or salts of isomers, pseudoephedrine or any of its salts or isomers or salts of isomers, or anhydrous ammonia with intent to manufacture methamphetamine within the past ten years whether the person is acting in his or her own behalf or as the agent of another; (6) Any person to sign the declaration required under RCW 19.290.020 knowing that the private metal property or nonferrous metal property subject to the transaction is stolen. The signature of a person on the declaration required under RCW 19.290.020 constitutes evidence of intent to defraud a scrap metal business if that person is found to have known that the private metal property or nonferrous metal property subject to the transaction was stolen; 19.290.070 [Title 19 RCW—page 302] (7) Any scrap metal business to possess private metal property or commercial metal property that was not lawfully purchased or received under the requirements of this chapter; or (8) Any scrap metal business to engage in a series of transactions valued at less than thirty dollars with the same seller for the purposes of avoiding the requirements of RCW 19.290.030(4). [2008 c 233 § 7; 2007 c 377 § 7.] 19.290.080 Civil penalties. (1) Each violation of the requirements of this chapter that are not subject to the criminal penalties under RCW 19.290.070 shall be punishable, upon conviction, by a fine of not more than one thousand dollars. (2) Within two years of being convicted of a violation of any of the requirements of this chapter that are not subject to the criminal penalties under RCW 19.290.070, each subsequent violation shall be punishable, upon conviction, by a fine of not more than two thousand dollars. [2007 c 377 § 8.] 19.290.080 19.290.090 Exemptions from chapter. The provisions of this chapter do not apply to transactions conducted by the following: (1) Motor vehicle dealers licensed under chapter 46.70 RCW; (2) Metal from the components of vehicles acquired by vehicle wreckers or hulk haulers licensed under chapter 46.79 or 46.80 RCW, and acquired in accordance with those laws; (3) Persons in the business of operating an automotive repair facility as defined under RCW 46.71.011; and (4) Persons in the business of buying or selling empty food and beverage containers, including metal food and beverage containers. [2008 c 233 § 8; 2007 c 377 § 9.] 19.290.090 19.290.900 Captions not law—2007 c 377. Captions used in this act are not any part of the law. [2007 c 377 § 13.] 19.290.900 19.290.901 Severability—2007 c 377. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [2007 c 377 § 14.] 19.290.901 Chapter 19.295 RCW ESTATE DISTRIBUTION DOCUMENTS Chapter 19.295 Sections 19.295.005 19.295.010 19.295.020 19.295.030 Findings—Intent. Definitions. Marketing of estate distribution documents. Violations—Application of consumer protection act. 19.295.005 Findings—Intent. The legislature finds the practice of using "living trusts" as a marketing tool by persons who are not authorized to practice law, who are not acting directly under the supervision of a person authorized to practice law, or who are not a financial institution to be a deceptive means of obtaining personal asset information and of developing and generating leads for sales to senior citizens. The legislature further finds that this practice endangers the financial security of consumers and may frustrate 19.295.005 (2008 Ed.) Electronic Communication Devices their estate planning objectives. Therefore, the legislature intends to prohibit the marketing of services related to preparation of estate distribution documents by persons who are not authorized to practice law or who are not a financial institution. This chapter is not intended to limit consumers from receiving legitimate estate planning services, including "living trusts," from those authorized to practice law; but is intended to prohibit persons not licensed to engage in the practice of law from the unscrupulous practice of marketing legal services as a means of targeting senior citizens for financial exploitation. [2007 c 67 § 1.] 19.295.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Market" or "marketing" includes every offer, contract, or agreement to prepare or gather information for the preparation of, or to provide, individualized advice about an estate distribution document. (2) "Estate distribution document" means any one or more of the following documents, instruments, or writings prepared, or intended to be prepared, for a specific person or as marketing materials for distribution to any person, other than documents, instruments, writings, or marketing materials relating to a payable on death account established under RCW 30.22.040(9) or a transfer on death account established under chapter 21.35 RCW: (a) Last will and testament or any writing, however designated, that is intended to have the same legal effect as a last will and testament, and any codicil thereto; (b) Revocable and irrevocable inter vivos trusts and any instrument which purports to transfer any of the trustor’s current and/or future interest in real or personal property thereto; (c) Agreement that fixes the terms and provisions of the sale of a decedent’s interest in any real or personal property at or following the date of the decedent’s death. (3) "Financial institution" means a bank holding company registered under federal law, a bank, trust company, mutual savings bank, savings bank, savings and loan association or credit union organized under state or federal law, or any affiliate, subsidiary, officer, or employee of a financial institution. (4) "Person" means any natural person, corporation, partnership, limited liability company, firm, or association. [2008 c 161 § 1; 2007 c 67 § 2.] 19.295.010 19.295.020 Marketing of estate distribution documents. (1) Except as provided in subsection (2) of this section, it is unlawful for a person to market estate distribution documents, directly or indirectly, in or from this state unless the person is authorized to practice law in this state. (2) A person employed by someone authorized to practice law in this state may gather information for, or assist in the preparation of, estate distribution documents as long as that person does not provide any legal advice. (3) This chapter applies to any person who markets estate distribution documents in or from this state. Marketing occurs in this state, whether or not either party is then present 19.295.020 (2008 Ed.) 19.300.010 in this state, if the offer originates in this state or is directed into this state or is received or accepted in this state. (4) This chapter does not apply to any financial institution. [2007 c 67 § 3.] 19.295.030 Violations—Application of consumer protection act. The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for purposes of applying the consumer protection act, chapter 19.86 RCW. [2007 c 67 § 4.] 19.295.030 Chapter 19.300 RCW ELECTRONIC COMMUNICATION DEVICES Chapter 19.300 Sections 19.300.010 19.300.020 Definitions. Identity theft or fraud—Penalty. 19.300.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Identification device" means an item that uses radio frequency identification technology or facial recognition technology. (2) "Person" means a natural person who resides in Washington. (3) "Personal information" has the same meaning as in RCW 19.255.010. (4) "Data" means personal information, numerical values associated with a person’s facial features, or unique personal identifier numbers stored on an identification device. (5) "Radio frequency identification" means a technology that uses radio waves to transmit data remotely to readers. (6) "Reader" means a scanning device that is capable of using radio waves to communicate with an identification device and read the data transmitted by that identification device. (7) "Remotely" means that no physical contact between the identification device and the reader is necessary in order to transmit data. (8) "Unique personal identifier number" means a randomly assigned string of numbers or symbols that is encoded on the identification device and is intended to identify the identification device. [2008 c 138 § 2.] 19.300.010 Findings—2008 c 138: "The legislature finds that Washington state, from its inception, has recognized the importance of maintaining individual privacy. The legislature further finds that protecting the confidentiality and privacy of an individual’s personal information, especially when collected from the individual without his or her knowledge or consent, is critical to maintaining the safety and well-being of its citizens. The legislature recognizes that inclusion of identification devices that broadcast data or enable data or information to be collected or scanned either secretly or remotely, or both, may greatly magnify the potential risk to individual privacy, safety, and economic well-being that can occur from unauthorized interception and use of personal information. The legislature further recognizes that these types of technologies, whether offered by the private sector or issued by the government, can be pervasive." [2008 c 138 § 1.] [Title 19 RCW—page 303] 19.300.020 Title 19 RCW: Business Regulations—Miscellaneous Severability—2008 c 138: "If any provision of this act is found to be in conflict with federal law or regulations, the conflicting provision of this act is declared to be inoperative solely to the extent of the conflict, and that finding or determination shall not affect the operation of the remainder of this act." [2008 c 138 § 4.] 19.300.020 Identity theft or fraud—Penalty. A person that intentionally scans another person’s identification device remotely, without that person’s prior knowledge and prior consent, for the purpose of fraud, identity theft, or for any other illegal purpose, shall be guilty of a class C felony. [2008 c 138 § 3.] 19.300.020 Findings—Severability—2008 c 138: See notes following RCW 19.300.010. Chapter 19.305 Chapter 19.305 RCW CIGARETTE IGNITION PROPENSITY Sections stated in RCW 19.305.020(1)(f) for all test trials used to certify cigarettes in accordance with this chapter. (5) "Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent of the time. (6) "Retail dealer" means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products. (7) "Sale" or "sell" means any transfer of title of cigarettes for consideration, exchange, barter, gift, offer for sale, or distribution, in any manner or by any means. (8) "Wholesale dealer" means any person who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale, and any person who owns, operates, or maintains one or more cigarette or tobacco product vending machines in, at, or upon premises owned or occupied by any other person. [2008 c 239 § 1.] 19.305.020 Testing of cigarettes—Performance standard—Records—Exceptions. (Effective August 1, 2009.) (1) Except as provided in subsection (7) of this section, cigarettes may not be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in accordance with the test method and meet the performance standard specified in this section, a written certification has been filed by the manufacturer with the state director of fire protection in accordance with RCW 19.305.030, and the cigarettes have been marked in accordance with RCW 19.305.040. (a) Testing of cigarettes shall be conducted in accordance with the American society of testing and materials (ASTM) standard E2187-04, "standard test method for measuring the ignition strength of cigarettes." (b) Testing shall be conducted on ten layers of filter paper. (c) No more than twenty-five percent of the cigarettes tested in a test trial in accordance with this section may exhibit full-length burns. Forty replicate tests comprise a complete test trial for each cigarette tested. (d) The performance standard required by (c) of this subsection may only be applied to a complete test trial. (e) Written certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to standard ISO/IEC 17025 of the international organization for standardization (ISO), or other comparable accreditation standard required by the state director of fire protection. (f) Laboratories conducting testing in accordance with this section shall implement a quality control and quality assurance program that includes a procedure that determines the repeatability of the testing results. The repeatability value may be no greater than 0.19. (g) This section does not require additional testing if cigarettes are tested consistent with this chapter for any other purpose. (h) Testing performed or sponsored by the state director of fire protection to determine a cigarette’s compliance with the performance standard required must be conducted in accordance with this section. (2) Each cigarette listed in a certification submitted pursuant to RCW 19.305.030 that uses lowered permeability bands in the cigarette paper to achieve compliance with the 19.305.020 19.305.010 19.305.020 19.305.030 19.305.040 19.305.050 19.305.060 19.305.070 19.305.080 19.305.090 19.305.100 19.305.110 19.305.900 Definitions. Testing of cigarettes—Performance standard—Records— Exceptions. Certification—Fee. Markings—Requirements. Violations—Civil penalties. Rule making—Inspection of cigarettes. Enforcement of chapter—Authority. Reduced cigarette ignition propensity account. Exemptions. Federal preemption. Local conflicts or preemption prohibited. Effective date—2008 c 239. 19.305.010 Definitions. (Effective August 1, 2009.) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Agent" means any person licensed by the department of revenue to purchase and affix adhesive or meter stamps on packages of cigarettes. (2) "Cigarette" means any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and irrespective of the tobacco being flavored, adulterated, or mixed with any other ingredient, when the roll has a wrapper or cover made of paper or any material, except when the wrapper is wholly or in the greater part made of natural leaf tobacco in its natural state. (3) "Manufacturer" means: (a) Any entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that the manufacturer intends to be sold in this state, including cigarettes intended to be sold in the United States through an importer; (b) The first purchaser anywhere that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States; or (c) Any entity that becomes a successor of an entity described in (a) or (b) of this subsection. (4) "Quality control and quality assurance program" means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. Such a program ensures that the testing repeatability remains within the required repeatability values 19.305.010 [Title 19 RCW—page 304] (2008 Ed.) Cigarette Ignition Propensity performance standard set forth in this section must have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band must be located at least fifteen millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there must be at least two bands fully located at least fifteen millimeters from the lighting end and ten millimeters from the filter end of the tobacco column, or ten millimeters from the labeled end of the tobacco column for nonfiltered cigarettes. (3) A manufacturer of a cigarette that the state director of fire protection determines cannot be tested in accordance with the test method prescribed in subsection (1)(a) of this section shall propose a test method and performance standard for the cigarette to the state director of fire protection. Upon approval of the proposed test method and a determination by the state director of fire protection that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in subsection (1)(c) of this section, the manufacturer may employ that test method and performance standard to certify the cigarette pursuant to RCW 19.305.030. If the state director of fire protection determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this chapter, and the state director of fire protection finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state’s law or regulation under a legal provision comparable to this section, then the state director of fire protection shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in this state, unless the state director of fire protection demonstrates a reasonable basis why the alternative test should not be accepted under this chapter. All other applicable requirements of this section apply to the manufacturer. (4) Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three years, and shall make copies of these reports available to the state director of fire protection and the attorney general upon written request. Any manufacturer who fails to make copies of these reports available within sixty days of receiving a written request is subject to a civil penalty not to exceed ten thousand dollars for each day after the sixtieth day that the manufacturer does not make the copies available. (5) The state director of fire protection may adopt a subsequent ASTM standard test method for measuring the ignition strength of cigarettes upon a finding that the subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM standard E2187-04 and the performance standard in subsection (1)(c) of this section. (6) Beginning in 2012, the state director of fire protection shall review the effectiveness of this section and report every three years to the legislature the state director of fire protection’s findings and, if appropriate, recommendations (2008 Ed.) 19.305.030 for legislation to improve the effectiveness of this section. The report and legislative recommendations shall be submitted no later than July 1st of each three-year reporting period. (7) The requirements of subsection (1) of this section do not prohibit wholesale or retail dealers from selling their existing inventory of cigarettes on or after August 1, 2009, if the wholesale or retailer dealer can establish that state tax stamps were affixed to the cigarettes prior to August 1, 2009, and if the wholesale or retail dealer can establish that the inventory was purchased prior to August 1, 2009, in comparable quantity to the inventory purchased during the same period of the prior year. (8) The implementation and substance of the New York fire safety standards for cigarettes, New York Executive Law section 156-c, Fire Safety Standards for Cigarettes, shall be persuasive authority in the implementation of this chapter. [2008 c 239 § 2.] 19.305.030 Certification—Fee. (Effective August 1, 2009.) (1) Each manufacturer shall submit to the state director of fire protection a written certification attesting that: (a) Each cigarette listed in the certification has been tested in accordance with RCW 19.305.020; and (b) Each cigarette listed in the certification meets the performance standard set forth in RCW 19.305.020(1)(c). (2) Each cigarette listed in the certification shall be described with the following information: (a) Brand or trade name on the package; (b) Style, such as light or ultra light; (c) Length in millimeters; (d) Circumference in millimeters; (e) Flavor, such as menthol or chocolate, if applicable; (f) Filter or nonfilter; (g) Package description, such as soft pack or box; (h) Marking approved in accordance with RCW 19.305.040; (i) The name, address, and telephone number of the laboratory, if different than the manufacturer that conducted the test; and (j) The date the testing occurred. (3) The certifications must be made available to the attorney general for purposes consistent with this chapter and the department of revenue for the purposes of ensuring compliance with this section. (4) Each cigarette certified under this section must be recertified every three years. (5) For each cigarette listed in a certification, a manufacturer shall pay to the state director of fire protection a fee of two hundred fifty dollars. The state director of fire protection is authorized to annually adjust this fee to ensure it defrays the actual costs of the processing, testing, enforcement, and oversight activities required by this chapter. (6) If a manufacturer has certified a cigarette under this section, and thereafter makes any change to that cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this chapter, that cigarette may not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards set forth in RCW 19.305.020 and maintains records of that retesting as required by RCW 19.305.020. Any altered cigarette which does not meet the performance 19.305.030 [Title 19 RCW—page 305] 19.305.040 Title 19 RCW: Business Regulations—Miscellaneous standard set forth in RCW 19.305.020 may not be sold in this state. [2008 c 239 § 3.] 19.305.040 Markings—Requirements. (Effective August 1, 2009.) (1) Cigarettes that are certified by a manufacturer in accordance with RCW 19.305.030 must be marked to indicate compliance with the requirements of RCW 19.305.020. The marking must be in eight-point type or larger and consist of: (a) Modification of the universal product code to include a visible mark printed at or around the area of the code. The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the universal product code; or (b) Any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, or embossed upon the cigarette package or cellophane wrap; or (c) Printed, stamped, engraved, or embossed text that indicates that the cigarettes meet the standards of this chapter. (2) A manufacturer shall use only one marking, and shall apply this marking uniformly for all packages, including but not limited to packs, cartons, and cases, and brands marketed by that manufacturer. (3) The state director of fire protection must be notified as to the marking that is selected. (4) Prior to the certification of any cigarette, a manufacturer shall present its proposed marking to the state director of fire protection for approval. Upon receipt of the request, the state director of fire protection shall approve or disapprove the marking offered, except that the state director of fire protection shall (a) approve the letters "FSC," which signify fire standards compliant; and (b) give preference to any packaging marking in use and approved for that cigarette in New York pursuant to New York Executive Law section 156-c, Fire Safety Standards for Cigarettes, unless the state director of fire protection demonstrates a reasonable basis why that marking should not be approved under this chapter. Proposed markings are deemed approved if the state director of fire protection fails to act within ten business days of receiving a request for approval. (5) A manufacturer shall not modify its approved marking unless the modification has been approved by the state director of fire protection in accordance with this section. (6) Manufacturers certifying cigarettes in accordance with RCW 19.305.030 shall provide a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes, and shall also provide sufficient copies of an illustration of the package marking utilized by the manufacturer under this section for each retail dealer to which the wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a copy of these package markings received from manufacturers to all retail dealers to which they sell cigarettes. Wholesale dealers, agents, and retail dealers shall permit the state director of fire protection, the department of revenue, the attorney general, and their employees to inspect markings of cigarette packaging marked in accordance with this section. [2008 c 239 § 4.] 19.305.040 agent, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of RCW 19.305.020, for a first offense is liable to a civil penalty not to exceed ten thousand dollars per each sale of the cigarettes, and for a subsequent offense is liable to a civil penalty not to exceed twenty-five thousand dollars per each sale of the cigarettes. However, in no case may the penalty against such a person or entity exceed one hundred thousand dollars during any thirty-day period. (2)(a) A retail dealer who knowingly sells cigarettes in violation of RCW 19.305.020 is: (i) For a first offense liable to a civil penalty not to exceed five hundred dollars, and for a subsequent offense is liable to a civil penalty not to exceed two thousand dollars, per each sale or offer for sale of cigarettes, if the total number of cigarettes sold or offered for sale does not exceed one thousand cigarettes; or (ii) For a first offense liable to a civil penalty not to exceed one thousand dollars, and for a subsequent offense is liable to a civil penalty not to exceed five thousand dollars, per each sale or offer for sale of cigarettes, if the total number of cigarettes sold or offered for sale exceeds one thousand cigarettes. (b) A penalty under this subsection may not exceed twenty-five thousand dollars during a thirty-day period. (3) In addition to any penalty prescribed by law, any corporation, partnership, sole proprietor, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification under RCW 19.305.030 is, for a first offense, liable to a civil penalty of at least seventy-five thousand dollars, and for a subsequent offense a civil penalty not to exceed two hundred fifty thousand dollars for each false certification. (4) Any person violating any other provision in this chapter is liable to a civil penalty for a first offense not to exceed one thousand dollars, and for a subsequent offense is liable to a civil penalty not to exceed five thousand dollars, for each violation. (5) Any cigarettes that have been sold or offered for sale that do not comply with the performance standard required by RCW 19.305.020 are subject to forfeiture under RCW 82.24.130. However, prior to the destruction of any cigarette seized under this subsection, the true holder of the trademark rights in the cigarette brand must be permitted to inspect the cigarette. (6) In addition to any other remedy provided by law, the state director of fire protection or attorney general may initiate an appropriate civil action in superior court for a violation of this chapter, including petitioning for injunctive relief or to recover any costs or damages suffered by the state because of a violation of this chapter, including enforcement costs relating to the specific violation and attorneys’ fees. Each violation of this chapter or of rules adopted under this chapter constitutes a separate civil violation for which the state director of fire protection or attorney general may obtain relief. [2008 c 239 § 5.] 19.305.060 Rule making—Inspection of cigarettes. (Effective August 1, 2009.) (1) The state director of fire protection may adopt rules necessary to implement this chapter. 19.305.060 19.305.050 Violations—Civil penalties. (Effective August 1, 2009.) (1) A manufacturer, wholesale dealer, 19.305.050 [Title 19 RCW—page 306] (2008 Ed.) Cigarette Ignition Propensity (2) The department of revenue in the regular course of conducting inspections of wholesale dealers, agents, and retail dealers, as authorized under chapter 82.24 RCW, may inspect cigarettes to determine if the cigarettes are marked as required by RCW 19.305.040. If the cigarettes are not marked as required, the department of revenue shall notify the state director of fire protection. [2008 c 239 § 6.] 19.305.900 expressed by inclusion of a provision in this chapter or by exclusion of that subject from this chapter. [2008 c 239 § 12.] 19.305.900 Effective date—2008 c 239. This act takes effect August 1, 2009. [2008 c 239 § 14.] 19.305.900 19.305.070 19.305.070 Enforcement of chapter—Authority. (Effective August 1, 2009.) To enforce this chapter, the attorney general and the state director of fire protection are authorized to examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock of cigarettes on the premises. Every person in the possession, control, or occupancy of any premises where cigarettes are placed, sold, or offered for sale, is required to give the attorney general and the state director of fire protection the means, facilities, and opportunity for the examinations authorized by this section. [2008 c 239 § 7.] 19.305.080 19.305.080 Reduced cigarette ignition propensity account. (Effective August 1, 2009.) The reduced cigarette ignition propensity account is created in the custody of the state treasurer. All receipts from the payment of certification fees under RCW 19.305.030 and from the imposition of civil penalties under RCW 19.305.050 must be deposited into the account. Expenditures from the account may be used only for fire safety, enforcement, and prevention programs. Only the state director of fire protection or the director’s designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. [2008 c 239 § 8.] 19.305.090 Exemptions. (Effective August 1, 2009.) This chapter does not prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of RCW 19.305.020 if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person or entity has taken reasonable steps to ensure that the cigarettes will not be sold or offered for sale to persons located in this state. [2008 c 239 § 10.] 19.305.090 19.305.100 19.305.100 Federal preemption. (Effective August 1, 2009.) If a federal reduced cigarette ignition propensity standard that preempts chapter 239, Laws of 2008 is adopted and becomes effective, the state director of fire protection shall prepare and submit to the legislature the necessary legislation to repeal this chapter. [2008 c 239 § 11.] 19.305.110 19.305.110 Local conflicts or preemption prohibited. (Effective August 1, 2009.) The local governmental units of this state may neither enact nor enforce any ordinance or other local law or regulation conflicting with, or preempted by, any provision of this chapter or with any policy of this state expressed by this chapter, whether that policy is (2008 Ed.) [Title 19 RCW—page 307] Title 20 Title 20 COMMISSION MERCHANTS— AGRICULTURAL PRODUCTS Chapters 20.01 Agricultural products—Commission merchants, dealers, brokers, buyers, agents. 20.01.320 Sales of personal property: Title 62A RCW. Washington wholesome eggs and egg products act: Chapter 69.25 RCW. 20.01.340 Chapter 20.01 RCW AGRICULTURAL PRODUCTS—COMMISSION MERCHANTS, DEALERS, BROKERS, BUYERS, AGENTS Chapter 20.01 Sections 20.01.010 20.01.020 20.01.030 20.01.038 20.01.040 20.01.050 20.01.060 20.01.070 20.01.080 20.01.086 20.01.090 20.01.100 20.01.110 20.01.120 20.01.125 20.01.130 20.01.140 20.01.150 20.01.160 20.01.170 20.01.180 20.01.190 20.01.200 20.01.205 20.01.210 20.01.211 20.01.212 20.01.214 20.01.220 20.01.230 20.01.240 20.01.250 20.01.260 20.01.270 20.01.280 20.01.300 20.01.310 (2008 Ed.) Definitions. Rules and regulations—Enforcement of chapter—Interference prohibited. Exemptions. License required of persons dealing in livestock, hay, grain, or straw. License—Generally. License renewals. Licensee in one class may obtain license in another—Additional fee. Application for license—Contents. Commission merchant’s schedule of commissions and charges—Changes, posting. Waiver of reporting, accounting, and record-keeping requirements prohibited. Agent to disclose principal licensee and his endorsement. Issuance of license—Expiration date—Fraudulent application grounds for refusal, revocation. Publication of list of licensees and rules—Posting license. Vehicle license plates. Hay or straw—Certified vehicle tare and load weights—Violations. Disposition of moneys. Change in organization of firm to be reported. Denial, suspension, revocation of licenses, probationary orders—Authority. Denial, suspension, revocation of licenses, probationary orders—Procedure. Denial, suspension, revocation of licenses, probationary orders—Subpoenas, witnesses, testimony, fees. Denial, suspension, revocation of licenses, probationary orders—Findings and conclusions—Record. Denial, suspension, revocation of licenses, probationary orders—Final action in writing—Appeal to superior court. Denial, suspension, revocation of licenses, probationary orders—Appellate review. License suspension—Noncompliance with support order— Reissuance. Commission merchants, dealers—Bonds. Alternative bonding provision for certain dealers. Livestock dealers bonded under federal law. Appeal from rejected bond claim. Action on bond for fraud. Action on bond for failure to comply with chapter. Claims against commission merchant, dealer. Failure of consignor to file claim, time limitation. Director not liable if circumstances prevent ascertainment of creditors—Demand on bond. Demand on bond after claims ascertained—Power of director to settle, compromise. Action on bond after refusal to pay—New bond, failure to file. Verified complaints of consignor—Investigations. Oaths, testimony, witnesses, subpoenas—Contempt proceedings—Records as evidence. 20.01.330 20.01.350 20.01.360 20.01.370 20.01.380 20.01.385 20.01.390 20.01.400 20.01.410 20.01.420 20.01.430 20.01.440 20.01.450 20.01.460 20.01.465 20.01.470 20.01.475 20.01.480 20.01.482 20.01.484 20.01.486 20.01.488 20.01.490 20.01.500 20.01.510 20.01.520 20.01.530 20.01.540 20.01.550 20.01.560 20.01.570 20.01.610 20.01.900 20.01.910 20.01.911 20.01.912 20.01.913 20.01.920 20.01.930 20.01.940 Investigations, examinations, inspections—Search warrants— Subpoenas. Denial, revocation, suspension, or condition of licenses, probationary orders—Grounds. Denial, revocation, suspension of licenses, probationary orders—Previous violations as grounds. Denial, revocation, suspension of licenses, probationary orders—Hearing, investigation—Findings required— Notices. Order of revocation, suspension. Commission merchants—Recordkeeping. Dealers, cash buyers, livestock dealers—Recordkeeping— Carrying identification and health documents. Failure to comply—Construction of transaction. When dealer must pay for products delivered to him. Broker’s memorandum of sale. Manifest of cargo—Bill of lading. Commission merchant’s report of sale to consignor. Commission merchant’s remittance to consignor. Commission merchant’s copy of records to be retained— Inspection—Department’s certificate of condition, quality, etc. Claims against seller by dealer, cash buyer—Credit to dealer, cash buyer against consignor—Certificate of proof. Prohibited acts—Penalties. Time of sale requirement—Unlawful practice. Action to enjoin violation of chapter. Licensee under chapter—Prima facie evidence acting as licensee handling agricultural products. Violations resulting in improper or nonpayment—Charges. Civil infractions—Notice—Misdemeanors. Civil infractions—Response to notice. Civil infractions—Hearing to contest charge—Order— Appeal. Civil infractions—Informal hearing on mitigating circumstances—Order—No appeal. Civil infractions—Monetary penalty—Failure to pay, misdemeanor. "Grower," "processor" defined—Application of exemption contained in RCW 20.01.030(1). Processor’s form showing maximum processing capacity. Processor to have grower contracts and commitments on file. Grower may file form showing crops processor is committed to purchase. Committing to purchase more crops than plants can process— Violation. Discrimination by processor. Effective date of RCW 20.01.500 through 20.01.550. Cash or other security in lieu of surety bond. Authority to stop vehicle violating chapter—Failure to stop, civil infraction. Chapter cumulative and nonexclusive. Severability—1959 c 139. Severability—1963 c 232. Severability—1967 c 240. Severability—1979 ex.s. c 115. Effective date—1959 c 139. Repealer. Repealer—Savings—1979 ex.s. c 115. Administrative Procedure Act: Chapter 34.05 RCW. Lien for transportation, storage, advancements, etc.: Chapter 60.60 RCW. 20.01.010 Definitions. As used in this title the terms defined in this section have the meanings indicated unless the context clearly requires otherwise. (1) "Director" means the director of agriculture or a duly authorized representative. 20.01.010 [Title 20 RCW—page 1] 20.01.010 Title 20 RCW: Commission Merchants—Agricultural Products (2) "Person" means any natural person, firm, partnership, exchange, association, trustee, receiver, corporation, and any member, officer, or employee thereof or assignee for the benefit of creditors. (3) "Agricultural product" means any unprocessed horticultural, vermicultural and its byproducts, viticultural, berry, poultry, poultry product, grain, bee, or other agricultural products. "Agricultural product" also includes (a) mint or mint oil processed by or for the producer thereof, hay and straw baled or prepared for market in any manner or form and livestock; and (b) agricultural seed, flower seed, vegetable seed, other crop seed, and seeds, as defined in chapter 15.49 RCW, however, any disputes regarding responsibilities for seed clean out are governed exclusively by contracts between the producers of the seed and conditioners or processors of the seed. (4) "Producer" means any person engaged in the business of growing or producing any agricultural product, whether as the owner of the products, or producing the products for others holding the title thereof. (5) "Consignor" means any producer, person, or his agent who sells, ships, or delivers to any commission merchant, dealer, cash buyer, or agent, any agricultural product for processing, handling, sale, or resale. (6) "Commission merchant" means any person who receives on consignment for sale or processing and sale from the consignor thereof any agricultural product for sale on commission on behalf of the consignor, or who accepts any farm product in trust from the consignor thereof for the purpose of resale, or who sells or offers for sale on commission any agricultural product, or who in any way handles for the account of or as an agent of the consignor thereof, any agricultural product. (7) "Dealer" means any person other than a cash buyer, as defined in subsection (10) of this section, who solicits, contracts for, or obtains from the consignor thereof for reselling or processing, title, possession, or control of any agricultural product, or who buys or agrees to buy any agricultural product from the consignor thereof for sale or processing and includes any person, other than one who acts solely as a producer, who retains title in an agricultural product and delivers it to a producer for further production or increase. For the purposes of this chapter, the term dealer includes any person who purchases livestock on behalf of and for the account of another, or who purchases cattle in another state or country and imports these cattle into this state for resale. (8) "Limited dealer" means any person who buys, agrees to buy, or pays for the production or increase of any agricultural product by paying to the consignor at the time of obtaining possession or control of any agricultural product the full agreed price of the agricultural product and who operates under the alternative bonding provision in RCW 20.01.211. (9) "Broker" means any person other than a commission merchant, dealer, or cash buyer who negotiates the purchase or sale of any agricultural product, but no broker may handle the agricultural products involved or proceeds of the sale. (10) "Cash buyer" means any person other than a commission merchant, dealer, or broker, who obtains from the consignor thereof for the purpose of resale or processing, title, possession, or control of any agricultural product or who contracts for the title, possession, or control of any agricul[Title 20 RCW—page 2] tural product, or who buys or agrees to buy for resale any agricultural product by paying to the consignor at the time of obtaining possession or control of any agricultural product the full agreed price of the agricultural product, in coin or currency, lawful money of the United States. However, a cashier’s check, certified check, credit card, or bankdraft may be used for the payment. For the purposes of this subsection, "agricultural product," does not include hay, grain, straw, or livestock. (11) "Agent" means any person who, on behalf of any commission merchant, dealer, broker, or cash buyer, acts as liaison between a consignor and a principal, or receives, contracts for, or solicits any agricultural product from the consignor thereof or who negotiates the consignment or purchase of any agricultural product on behalf of any commission merchant, dealer, broker, or cash buyer and who transacts all or a portion of that business at any location other than at the principal place of business of his employer. With the exception of an agent for a commission merchant or dealer handling horticultural products, an agent may operate only in the name of one principal and only to the account of that principal. (12) "Retail merchant" means any person operating from a bona fide or established place of business selling agricultural products twelve months of each year. (13) "Fixed or established place of business" for the purpose of this chapter means any permanent warehouse, building, or structure, at which necessary and appropriate equipment and fixtures are maintained for properly handling those agricultural products generally dealt in, and at which supplies of the agricultural products being usually transported are stored, offered for sale, sold, delivered, and generally dealt with in quantities reasonably adequate for and usually carried for the requirements of such a business, and that is recognized as a permanent business at such place, and carried on as such in good faith and not for the purpose of evading this chapter, and where specifically designated personnel are available to handle transactions concerning those agricultural products generally dealt in, which personnel are available during designated and appropriate hours to that business, and shall not mean a residence, barn, garage, tent, temporary stand or other temporary quarters, any railway car, or permanent quarters occupied pursuant to any temporary arrangement. (14) "Processor" means any person, firm, company, or other organization that purchases agricultural crops from a consignor and that cans, freezes, dries, dehydrates, cooks, presses, powders, or otherwise processes those crops in any manner whatsoever for eventual resale. (15) "Pooling contract" means any written agreement whereby a consignor delivers a horticultural product to a commission merchant under terms whereby the commission merchant may commingle the consignor’s horticultural products for sale with others similarly agreeing, which must include all of the following: (a) A delivery receipt for the consignor that indicates the variety of horticultural product delivered, the number of containers, or the weight and tare thereof; (b) Horticultural products received for handling and sale in the fresh market shall be accounted for to the consignor with individual pack-out records that shall include variety, grade, size, and date of delivery. Individual daily packing (2008 Ed.) Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents summaries shall be available within forty-eight hours after packing occurs. However, platform inspection shall be acceptable by mutual contract agreement on small deliveries to determine variety, grade, size, and date of delivery; (c) Terms under which the commission merchant may use his judgment in regard to the sale of the pooled horticultural product; (d) The charges to be paid by the consignor as filed with the state of Washington; (e) A provision that the consignor shall be paid for his pool contribution when the pool is in the process of being marketed in direct proportion, not less than eighty percent of his interest less expenses directly incurred, prior liens, and other advances on the grower’s crop unless otherwise mutually agreed upon between grower and commission merchant. (16) "Date of sale" means the date agricultural products are delivered to the person buying the products. (17) "Conditioner" means any person, firm, company, or other organization that receives seeds from a consignor for drying or cleaning. (18) "Seed bailment contract" means any contract meeting the requirements of chapter 15.48 RCW. (19) "Proprietary seed" means any seed that is protected under the Federal Plant Variety Protection Act. (20) "Licensed public weighmaster" means any person, licensed under the provisions of chapter 15.80 RCW, who weighs, measures, or counts any commodity or thing and issues therefor a signed certified statement, ticket, or memorandum of weight, measure, or count upon which the purchase or sale of any commodity or upon which the basic charge of payment for services rendered is based. (21) "Certified weight" means any signed certified statement or memorandum of weight, measure or count issued by a licensed public weighmaster in accordance with the provisions of chapter 15.80 RCW. (22) "Licensee" means any person or business licensed under this chapter as a commission merchant, dealer, limited dealer, broker, cash buyer, or agent. (23) "Seed" means agricultural seed, flower seed, vegetable seed, other crop seed, and seeds, as defined in chapter 15.49 RCW. (24) "Seed clean out" means the process of removing impurities from raw seed product. [2004 c 212 § 1; 2003 c 395 § 1; 1991 c 174 § 1; 1989 c 354 § 37; 1986 c 178 § 6; 1985 c 412 § 8; 1983 c 305 § 1; 1982 c 194 § 1; 1981 c 296 § 30; 1979 ex.s. c 115 § 1; 1977 ex.s. c 304 § 1; 1974 ex.s. c 102 § 2; 1971 ex.s. c 182 § 1; 1967 c 240 § 40; 1963 c 232 § 1; 1959 c 139 § 1.] Severability—1989 c 354: See note following RCW 15.36.012. Severability—1983 c 305: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1983 c 305 § 78.] Severability—1981 c 296: See note following RCW 15.08.010. 20.01.020 Rules and regulations—Enforcement of chapter—Interference prohibited. The director, but not his duly authorized representative, may adopt such rules and regulations as are necessary to carry out the purpose of this chapter. It shall be the duty of the director to enforce and carry out the provisions of this chapter, rules and regulations adopted 20.01.020 (2008 Ed.) 20.01.030 hereunder. No person shall interfere with the director when he is performing or carrying out duties imposed on him by this chapter, rules and regulations adopted hereunder. [1959 c 139 § 2.] 20.01.030 Exemptions. This chapter does not apply to: (1) Any cooperative marketing associations or federations incorporated under, or whose articles of incorporation and bylaws are equivalent to, the requirements of chapter 23.86 RCW, except as to that portion of the activities of the association or federation that involve the handling or dealing in the agricultural products of nonmembers of the organization: PROVIDED, That the associations or federations may purchase up to fifteen percent of their gross from nonmembers for the purpose of filling orders: PROVIDED FURTHER, That if the cooperative or association acts as a processor as defined in RCW 20.01.500(2) and markets the processed agricultural crops on behalf of the grower or its own behalf, the association or federation is subject to the provisions of RCW 20.01.500 through 20.01.560 and the license provision of this chapter excluding bonding provisions: PROVIDED FURTHER, That none of the foregoing exemptions in this subsection apply to any such cooperative or federation dealing in or handling grain in any manner, and not licensed under the provisions of chapter 22.09 RCW; (2) Any person who sells exclusively his or her own agricultural products as the producer thereof; (3) Any public livestock market operating under a bond required by law or a bond required by the United States to secure the performance of the public livestock market’s obligation. However, any such market operating as a livestock dealer or order buyer, or both, is subject to all provisions of this chapter except for the payment of the license fee required in RCW 20.01.040; (4) Any retail merchant having a bona fide fixed or permanent place of business in this state, but only for the retail merchant’s retail business conducted at such fixed or established place of business; (5) Any person buying farm products for his or her own use or consumption; (6) Any warehouseman or grain dealer licensed under the state grain warehouse act, chapter 22.09 RCW, with respect to his or her handling of any agricultural product as defined under that chapter; (7) Any nurseryman who is required to be licensed under the horticultural laws of the state with respect to his or her operations as such licensee; (8) Any person licensed under the now existing dairy laws of the state with respect to his or her operations as such licensee; (9) Any producer who purchases less than fifteen percent of his or her volume to complete orders; (10) Any person, association, or corporation regulated under chapter 67.16 RCW and the rules adopted thereunder while performing acts regulated by that chapter and the rules adopted thereunder; (11) Any domestic winery, as defined in RCW 66.04.010, licensed under Title 66 RCW, with respect to its transactions involving agricultural products used by the domestic winery in making wine. [1993 c 104 § 1. Prior: 1989 c 354 § 38; 1989 c 307 § 37; 1988 c 254 § 10; 1983 c 20.01.030 [Title 20 RCW—page 3] 20.01.038 Title 20 RCW: Commission Merchants—Agricultural Products 305 § 2; 1982 c 194 § 2; 1981 c 296 § 31; 1979 ex.s. c 115 § 2; 1977 ex.s. c 304 § 2; 1975 1st ex.s. c 7 § 18; 1971 ex.s. c 182 § 2; 1969 ex.s. c 132 § 1; 1967 c 240 § 41; 1959 c 139 § 3.] Severability—1989 c 354: See note following RCW 15.36.012. Legislative finding—1989 c 307: See note following RCW 23.86.007. Application—1989 c 307: See RCW 23.86.900. Severability—1983 c 305: See note following RCW 20.01.010. Severability—1981 c 296: See note following RCW 15.08.010. 20.01.038 License required of persons dealing in livestock, hay, grain, or straw. Any person who deals in livestock, hay, grain or straw, other than the producer or grower thereof, shall license as a dealer or commission merchant and shall be subject to all the provisions of this chapter regulating such a licensee. [1963 c 232 § 9.] 20.01.038 20.01.040 License—Generally. No person may act as a commission merchant, dealer, broker, cash buyer, or agent without a license. Any person applying for such a license shall file an application with the director prior to conducting business pursuant to this chapter. No application shall be considered complete unless an effective bond or other acceptable form of security is also filed with the director, as provided under RCW 20.01.210, 20.01.211, or 20.01.212. Each license issued under this chapter shall require renewal on or before the renewal date prescribed by the director by rule. License fees shall be prorated where necessary to accommodate staggered renewals of a license or licenses. The application shall be accompanied by a license fee as prescribed by the director by rule. [1991 c 109 § 16; 1989 c 354 § 39; 1987 c 393 § 13; 1983 c 305 § 3; 1979 ex.s. c 115 § 3; 1974 ex.s. c 102 § 3; 1971 ex.s. c 182 § 3; 1959 c 139 § 4.] 20.01.040 Severability—1989 c 354: See note following RCW 15.36.012. Severability—1983 c 305: See note following RCW 20.01.010. 20.01.050 License renewals. If an application for renewal of a commission merchant, dealer, broker or cash buyer license is not filed prior to the prescribed renewal date a penalty of twenty-five percent shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license shall be issued. [1991 c 109 § 17; 1959 c 139 § 5.] 20.01.050 20.01.060 Licensee in one class may obtain license in another—Additional fee. Any person licensed as a commission merchant, dealer, or broker, in the manner prescribed in this chapter, may apply for and secure a license in any or all of the remaining such classifications upon payment of an additional fee of twenty-five dollars for each such additional classification: PROVIDED, That the applicant’s principal license shall be in that classification requiring the greatest license fee. Such applicant shall further comply with those parts of this chapter regulating the licensing of the other particular classifications involved. [1979 ex.s. c 115 § 4; 1977 ex.s. c 304 § 3; 1974 ex.s. c 102 § 4; 1971 ex.s. c 182 § 4; 1959 c 139 § 6.] 20.01.060 20.01.070 Application for license—Contents. Application for a license shall be on a form prescribed by the direc20.01.070 [Title 20 RCW—page 4] tor and shall state the full name of the person applying for such license and if the applicant is an individual, receiver, trustee, firm, exchange, partnership, association or corporation, the full name of each member of the firm or partnership, or the names of the officers of the exchange, association or corporation shall be given in the application. Such application shall further state the principal business address of the applicant in the state and elsewhere and the name or names of the person authorized to receive and accept service of summons and legal notices of all kinds for the applicant and any other necessary information prescribed by the director. [1959 c 139 § 7.] 20.01.080 Commission merchant’s schedule of commissions and charges—Changes, posting. Any person applying for a commission merchant’s license shall include in his or her application a schedule of commissions, together with an itemized list of all charges for services to be rendered to a consignor and shall post a copy of such charges on his or her premises in a conspicuous place where it is clearly visible and available to consignors. In addition to the posting of the itemized list of charges, such list shall be distributed to each consignor along with each contract entered into between the consignor and the commission merchant. Such commissions and charges shall not be changed or varied for the license period except by written contract between the consignor or his or her agent and the licensee or thirty days after written notice to the director, and proper posting of such changes, as prescribed by the director, on the licensee’s premises. Charges for services rendered and not listed on the schedule of commissions and charges filed with the director, or for increases in charges listed and filed which are directly caused by increases in labor rates or in cost of materials which occur after the signing of the contract by the grower, shall be rendered only on an actual cost to the licensee basis. [1988 c 254 § 16; 1977 ex.s. c 304 § 4; 1971 ex.s. c 182 § 5; 1959 c 139 § 8.] 20.01.080 20.01.086 Waiver of reporting, accounting, and record-keeping requirements prohibited. Except where specifically provided in this chapter, the reporting, accounting, and record-keeping requirements of this chapter, being matters of public interest, may not be waived by contract between the consignor and/or the commission merchant or dealer. [1977 ex.s. c 304 § 5; 1974 ex.s. c 102 § 8.] 20.01.086 20.01.090 Agent to disclose principal licensee and his endorsement. Any person applying for an agent’s license shall include the name and address of the principal licensee represented or sought to be represented by such agent and the written endorsement or nomination of such principal licensee. [1959 c 139 § 9.] 20.01.090 20.01.100 Issuance of license—Expiration date— Fraudulent application grounds for refusal, revocation. The director, upon his satisfaction that the applicant has met the requirements of this chapter and rules and regulations adopted hereunder, shall issue a license entitling the applicant to carry on the business described on the application. Such license shall expire on December 31st following the issuance 20.01.100 (2008 Ed.) Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents of the license, provided that it has not been revoked or suspended prior thereto, by the director, after due notice and hearing. Fraud and misrepresentation in making an application for a license shall be cause for refusal to grant a license or revocation of license granted pursuant to a fraudulent application after due notice and hearing. [1959 c 139 § 10.] 20.01.110 Publication of list of licensees and rules— Posting license. The director may publish a list, as often as he deems necessary, of all persons licensed under this chapter together with all the necessary rules and regulations concerning the enforcement of this chapter. Each person licensed under [the] provisions of this chapter shall post his license or a copy thereof in his place or places of business in plain view of the public. [1959 c 139 § 11.] 20.01.110 20.01.120 Vehicle license plates. The licensee shall prominently display license plates issued by the director on the front and back of any vehicle used by the licensee to transport upon public highways unprocessed agricultural products which he has not produced as a producer of such agricultural products. If the licensee operates more than one vehicle to transport unprocessed agricultural products on public highways he shall apply to the director for license plates for each such additional vehicle. Such additional license plates shall be issued to the licensee at the actual cost to the department for such license plates and necessary handling charges. Such license plates are not transferable to any other person and may be used only on the licensee’s vehicle or vehicles. The display of such license plates on the vehicle or vehicles of a person whose license has been revoked, or the failure to surrender such license plates forthwith to the department after such revocation, shall be deemed a violation of this chapter. [1959 c 139 § 12.] 20.01.120 20.01.125 Hay or straw—Certified vehicle tare and load weights—Violations. Every dealer and commission merchant dealing in hay or straw shall obtain a certified vehicle tare weight and a certified vehicle gross weight for each load hauled and shall furnish the consignor with a copy of such certified weight ticket within seventy-two hours after taking delivery. It shall be a violation of this chapter for any licensee to transport hay or straw which has been purchased by weight without having obtained a certified weight ticket from the first licensed public weighmaster which would be encountered on the ordinary route to the destination where the hay or straw is to be unloaded. If agreed upon in writing between a dealer or commission merchant and a grower or consigner, a certified vehicle tare weight and certified vehicle gross weight may be obtained from a hay or straw processing facility with a scale approved by the director. [2008 c 26 § 1; 1986 c 178 § 7; 1971 ex.s. c 182 § 6; 1963 c 232 § 8.] 20.01.125 20.01.130 Disposition of moneys. All fees and other moneys received by the department under this chapter shall be paid to the director and used solely for the purpose of carrying out this chapter and the rules adopted under this chapter. All civil fines received by the courts as the result of notices of infractions issued by the director shall be paid to the director, less any mandatory court costs and assessments. 20.01.130 (2008 Ed.) 20.01.180 [2003 c 395 § 2; 1993 sp.s. c 24 § 929; 1986 c 178 § 8; 1973 c 142 § 1; 1971 ex.s. c 182 § 7; 1959 c 139 § 13.] Severability—Effective dates—1993 sp.s. c 24: See notes following RCW 28A.310.020. 20.01.140 Change in organization of firm to be reported. Any change in the organization of any firm, association, exchange, corporation, or partnership licensed under this chapter shall be reported to the director and the licensee’s surety or sureties within thirty days. [2003 c 395 § 3; 1959 c 139 § 14.] 20.01.140 20.01.150 Denial, suspension, revocation of licenses, probationary orders—Authority. The director is authorized to deny, suspend, or revoke a license or issue conditional or probationary orders in the manner prescribed herein, in any case in which he finds that there has been a failure and/or refusal to comply with the requirements of this chapter, rules or regulations adopted hereunder. [1959 c 139 § 15.] 20.01.150 20.01.160 20.01.160 Denial, suspension, revocation of licenses, probationary orders—Procedure. In all proceedings for revocation, suspension, or denial of a license, or the issuance of a conditional or probationary order, the licensee or applicant shall be given an opportunity to be heard and may be represented by counsel. The director shall give the licensee or applicant twenty days’ notice in writing and such notice shall specify the charges or reasons for the hearing for such revocation, suspension, denial or the issuance of a conditional or probationary order. The notice shall also state the date, time and place where such hearing is to be held. A copy of such notice shall be mailed to the licensee’s surety. Such hearings shall be held in the city of Olympia, unless a different place is fixed by the director. [1959 c 139 § 16.] 20.01.170 Denial, suspension, revocation of licenses, probationary orders—Subpoenas, witnesses, testimony, fees. The director may issue subpoenas to compel the attendance of witnesses, and/or the production of books or documents, anywhere in the state. The licensee or applicant shall have opportunity to make his defense, and may have such subpoenas issued as he desires. Subpoenas shall be served in the same manner as in civil cases in the superior court. Witnesses shall testify under oath which may be administered by the director. Testimony shall be recorded and may be taken by deposition under such rules as the director may prescribe. Witnesses, except complaining witnesses, shall be entitled to fees for attendance and travel, as provided for in chapter 2.40 RCW, as enacted or hereafter amended. [1963 c 232 § 2; 1959 c 139 § 17.] 20.01.170 20.01.180 20.01.180 Denial, suspension, revocation of licenses, probationary orders—Findings and conclusions— Record. The director shall hear and determine the charges, make findings and conclusions upon the evidence produced, and file them in his office, together with a record of all of the evidence, and serve upon the accused a copy of such findings and conclusions. [1959 c 139 § 18.] [Title 20 RCW—page 5] 20.01.190 Title 20 RCW: Commission Merchants—Agricultural Products 20.01.190 Denial, suspension, revocation of licenses, probationary orders—Final action in writing—Appeal to superior court. The revocation, suspension or denial of a license, or the issuance of conditional or probationary orders, shall be in writing signed by the director, stating the grounds upon which such order is based and the aggrieved person shall have the right to appeal from such order within fifteen days after a copy thereof is served upon him, to the superior court of Thurston county or the county in which the hearing was held. A copy of such findings shall be mailed to the licensee’s surety. In such appeal the entire record shall be certified by the director to the court, and the review on appeal shall be confined to the evidence adduced at the hearing before the director. [1959 c 139 § 19.] 20.01.190 20.01.200 Denial, suspension, revocation of licenses, probationary orders—Appellate review. Appellate review of the judgment of the superior court may be sought as provided in other civil cases. [1988 c 202 § 24; 1971 c 81 § 66; 1959 c 139 § 20.] 20.01.200 Severability—1988 c 202: See note following RCW 2.24.050. 20.01.205 License suspension—Noncompliance with support order—Reissuance. The director shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director’s receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order. [1997 c 58 § 855.] 20.01.205 *Reviser’s note: 1997 c 58 § 887 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 20.01.210 Commission merchants, dealers—Bonds. (1) Before the license is issued to any commission merchant or dealer, or both, the applicant shall execute and deliver to the director a surety bond executed by the applicant as principal and by a surety company qualified and authorized to do business in this state as surety. The bond shall be to the state for the benefit of qualified consignors of agricultural products in this state. All such sureties on a bond, as provided in this section, shall be released and discharged from all liability to the state accruing on such bond by giving notice to the principal and the director by certified mail. Upon receipt of such notice the director shall notify the surety and the principal of the effective date of termination which shall be thirty days from the receipt of such notice by the director, but this shall not relieve, release, or discharge the surety from any lia20.01.210 [Title 20 RCW—page 6] bility already accrued or which shall accrue before the expiration period provided for in this subsection. (2) The bond for a commission merchant or dealer in hay, straw, or seed shall be not less than fifteen thousand dollars. The actual amount of such bond shall be determined by dividing the annual dollar volume of the licensee’s net proceeds or net payments due consignors by twelve and increasing that amount to the next multiple of five thousand dollars. The bond for a new commission merchant or dealer in hay, straw, or seed shall be subject to increase at any time during the licensee’s first year of operation based on the average of business volume for any three months. Except as provided in subsection (3) of this section, the bond shall be not less than ten thousand dollars for any other dealer. (3) The bond for a commission merchant or dealer in livestock shall be not less than ten thousand dollars. The actual amount of such bond shall be determined in accordance with the formula set forth in the packers and stockyard act of 1921 (7 U.S.C. 181), except that a commission merchant or dealer in livestock shall increase the commission merchant’s or dealer’s bond by five thousand dollars for each agent the commission merchant or dealer has endorsed under RCW 20.01.090. A dealer who also acts as an order buyer for other persons who are also licensed and bonded under this chapter or under the packers and stockyards act (7 U.S.C. 181) may subtract that amount of business from the annual gross volume of purchases reported to the director in determining the amount of bond coverage that must be provided and maintained for the purposes of this chapter. (4) The bond for a commission merchant handling agricultural products other than livestock, hay, straw, or seed shall not be less than ten thousand dollars. The bond for a dealer handling agricultural products other than livestock, hay, straw, or seed shall not be less than ten thousand dollars. The actual amount of such bond shall be determined by dividing the annual dollar volume of the licensee’s net proceeds or net payments due consignors by fifty-two and increasing that amount to the next multiple of two thousand dollars. However, bonds above twenty-six thousand dollars shall be increased to the next multiple of five thousand dollars. (5) When the annual dollar volume of any commission merchant or dealer reaches two million six hundred thousand dollars, the amount of the bond required above this level shall be on a basis of ten percent of the amount arrived at by applying the appropriate formula. [2004 c 212 § 2; 1991 c 109 § 18; 1986 c 178 § 9; 1983 c 305 § 4; 1982 c 194 § 3; 1977 ex.s. c 304 § 6; 1974 ex.s. c 102 § 5; 1971 ex.s. c 182 § 8; 1963 c 232 § 5. Prior: 1959 c 139 § 21.] Severability—1983 c 305: See note following RCW 20.01.010. Cash or other security in lieu of surety bond: RCW 20.01.570. 20.01.211 20.01.211 Alternative bonding provision for certain dealers. (1) In lieu of the bonding provision required by RCW 20.01.210, any dealer who buys, agrees to buy, or pays for the production or increase of any agricultural product by paying to the consignor at the time of obtaining possession or control of any agricultural product the full agreed price of the agricultural product may file a bond in an amount equal to the dealer’s maximum monthly purchases, divided by twelve, but (2008 Ed.) Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents the minimum bond under this section shall be no less than ten thousand dollars. (2) Any dealer using the bonding provisions of this section shall file an affidavit with the director that sets forth the dealer’s maximum monthly purchases from or payments to consignors. The affidavit shall be filed at the time of application and with each renewal. (3) Any dealer bonded under this section who is found to be in violation of this chapter shall be required to comply with the bonding requirements of RCW 20.01.210 for a minimum of two years. [2003 c 395 § 4; 1983 c 305 § 5; 1977 ex.s. c 304 § 16.] Severability—1983 c 305: See note following RCW 20.01.010. 20.01.212 20.01.212 Livestock dealers bonded under federal law. If an applicant for a commission merchant’s and/or dealer’s license is bonded as a livestock dealer or packer under the provisions of the Packers and Stockyards Act of 1921 (7 U.S.C. 181), as amended, on June 13, 1963, and acts as a commission merchant, packer, and/or a dealer only in livestock as defined in said Packers and Stockyards Act of 1921 (7 U.S.C. 181), the director may accept such bond in lieu of the bond required in RCW 20.01.210 as good and sufficient and issue the applicant a license limited solely to dealing in livestock. A dealer buying and selling livestock who has furnished a bond as required by the packers and stockyards administration to cover acting as order buyer as well as dealer may also act as an order buyer for others under the provisions of this chapter, and all persons who act as order buyers of livestock shall license under this chapter as a livestock dealer: PROVIDED, That the applicant shall furnish the director with a bond approved by the United States secretary of agriculture. Such bond shall be in a minimum amount of ten thousand dollars. It shall be a violation for the licensee to act as a commission merchant and/or dealer in any other agricultural commodity without first having notified the director and furnishing him with a bond as required under the provisions of RCW 20.01.210, and failure to furnish the director with such bond shall be cause for the immediate suspension of the licensee’s license, and revocation subject to a hearing. [1991 c 109 § 19; 1977 ex.s. c 304 § 7; 1971 ex.s. c 182 § 9; 1963 c 232 § 6.] 20.01.214 20.01.214 Appeal from rejected bond claim. Upon any bond claim being denied by the director the claimant must appeal such action to the superior court in the county where this claimant resides in this state or Thurston county, within sixty days after receipt of written notice of such rejection or such rejection shall become final and binding upon the claimant. [1971 ex.s. c 182 § 10; 1963 c 232 § 7.] 20.01.220 20.01.220 Action on bond for fraud. Any consignor of an agricultural product claiming to be injured by the fraud of any commission merchant and/or dealer or their agents may bring action upon said bond against principal, surety, and agent in any court of competent jurisdiction to recover the damages caused by such fraud. Any consignor undertaking such an action shall name the director as a party. [1986 c 178 § 10; 1982 c 194 § 4; 1959 c 139 § 22.] (2008 Ed.) 20.01.260 20.01.230 Action on bond for failure to comply with chapter. The director or any consignor of an agricultural product may also bring action upon said bond against both principal and surety in any court of competent jurisdiction to recover the damages caused by any failure to comply with the provisions of this chapter or the rules adopted hereunder. Any consignor undertaking such an action shall name the director as a party. [1986 c 178 § 11; 1959 c 139 § 23.] 20.01.230 20.01.240 Claims against commission merchant, dealer. (1) Any consignor who believes he or she has a valid claim against the bond of a commission merchant or dealer shall file a claim with the director. (2) In the case of a claim against the bond of a commission merchant or dealer in hay or straw, default occurs when the licensee fails to make payment within thirty days of the date the licensee took possession of the hay or straw or at a date agreed to by both the consignor and commission merchant or dealer in written contract. In the case of a claim against a limited dealer in hay or straw, default occurs when the licensee fails to make payment upon taking possession of the hay or straw. (3) Upon the filing of a claim under this subsection against any commission merchant or dealer handling any agricultural product, the director may, after investigation, proceed to ascertain the names and addresses of all consignor creditors of such commission merchant and dealer, together with the amounts due and owing to them by such commission merchant and dealer, and shall request all such consignor creditors to file a verified statement of their respective claims with the director. Such request shall be addressed to each known consignor creditor at his last known address. (4) For claims against a bond that have been filed by consignors prior to the sixty-day deadline established in RCW 20.01.250, the director shall investigate the claims and, within thirty days of verifying the claims, demand payment for the valid claims by the licensee’s surety. The director shall distribute the proceeds of the valid bond claims to the claimants on a pro rata basis within the limits of the claims and the availability of the bond proceeds. If a claim is filed after the sixty-day deadline established in RCW 20.01.250, the director may investigate the claim and may demand payment for a valid claim. The director shall distribute the proceeds of any such payment made by the surety to the claimant on a first-to-file, first-to-be-paid basis within the limits of the claim and the availability of any bond proceeds remaining after the pro rata distribution. All distributions made by the director under this subsection are subject to RCW 20.01.260. [2003 c 395 § 5; 1986 c 178 § 12; 1959 c 139 § 24.] 20.01.240 20.01.250 Failure of consignor to file claim, time limitation. If a consignor creditor so addressed fails, refuses or neglects to file in the office of the director his verified claim as requested by the director within sixty days from the date of such request, the director shall thereupon be relieved of further duty or action hereunder on behalf of said consignor creditor. [1959 c 139 § 25.] 20.01.250 20.01.260 Director not liable if circumstances prevent ascertainment of creditors—Demand on bond. Where by reason of the absence of records, or other circum20.01.260 [Title 20 RCW—page 7] 20.01.270 Title 20 RCW: Commission Merchants—Agricultural Products stances making it impossible or unreasonable for the director to ascertain the names and addresses of all said consignor creditors, the director after exerting due diligence and making reasonable inquiry to secure said information from all reasonable and available sources, may make demand on said bond on the basis of information then in his possession, and thereafter shall not be liable or responsible for claims or the handling of claims which may subsequently appear or be discovered. [1959 c 139 § 26.] 20.01.270 20.01.270 Demand on bond after claims ascertained—Power of director to settle, compromise. Upon ascertaining all claims and statements in the manner herein set forth, the director may then make demand upon the bond on behalf of those claimants whose statements have been filed, and shall have the power to settle or compromise said claims with the surety company on the bond, and is empowered in such cases to execute and deliver a release and discharge of the bond involved. [1959 c 139 § 27.] 20.01.280 20.01.280 Action on bond after refusal to pay—New bond, failure to file. Upon the refusal of the surety company to pay the demand the director may thereupon bring an action on the bond in behalf of said consignor creditors. Upon any action being commenced on said bond the director may require the filing of a new bond and immediately upon the recovery in any action on such bond such commission merchant and/or dealer shall file a new bond and upon failure to file the same within ten days in either case such failure shall constitute grounds for the suspension or revocation of his license. [1959 c 139 § 28.] 20.01.300 20.01.300 Verified complaints of consignor—Investigations. For the purpose of enforcing the provisions of this chapter the director is authorized to receive verified complaints from any consignor against any commission merchant, dealer, broker, cash buyer, or agent or any person, assuming or attempting to act as such, and upon receipt of such verified complaint shall have full authority to make any and all necessary investigations relative to the said complaint. [1959 c 139 § 30.] 20.01.310 20.01.310 Oaths, testimony, witnesses, subpoenas— Contempt proceedings—Records as evidence. The director or his authorized agents are empowered to administer oaths of verification on said complaints. He shall have full authority to administer oaths and take testimony thereunder, to issue subpoenas in the manner prescribed in RCW 20.01.170 requiring attendance of witnesses before him, together with all books, memoranda, papers, and other documents, articles or instruments; to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation, and all parties disobeying the orders or subpoenas of said director shall be guilty of contempt and shall be certified to the superior court of the state for punishment for such contempt. Copies of records, audits and reports of audits, inspection certificates, certified reports, findings and all papers on file in the office of the director shall be prima facie evidence of the matters therein contained, and [Title 20 RCW—page 8] may be admitted into evidence in any hearing provided in this chapter. [1959 c 139 § 31.] 20.01.320 Investigations, examinations, inspections—Search warrants—Subpoenas. The director on his or her own motion or upon the verified complaint of any interested party may investigate, examine, or inspect (1) any transaction involving solicitation, receipt, sale, or attempted sale of agricultural products by any person or persons acting or assuming to act as a commission merchant, dealer, broker, cash buyer, or agent; (2) the failure to make proper and true account of sales and settlement thereof as required under this chapter or rules adopted under this chapter; (3) the intentional making of false statements as to conditions and quantity of any agricultural products received or in storage; (4) the intentional making of false statements as to market conditions; (5) the failure to make payment for products within the time required by this chapter; (6) any and all other injurious transactions. In furtherance of such an investigation, examination, or inspection, the director or an authorized representative may examine that portion of the ledgers, books, accounts, memoranda and other documents, agricultural products, scales, measures, and other articles and things used in connection with the business of the person relating to the transactions involved. For the purpose of the investigation the director shall at all times have free and unimpeded access to all buildings, yards, warehouses, storage, and transportation facilities or any other place where agricultural products are kept, stored, handled, or transported. If the director is denied access, the director may apply to any court of competent jurisdiction for a search warrant authorizing access to the premises and records. The court may upon the application issue the search warrant for the purposes requested. The director may also, for the purpose of the investigation, issue subpoenas to compel the attendance of witnesses, as provided in RCW 20.01.170, or the production of books or documents, anywhere in the state. [2003 c 395 § 6; 1959 c 139 § 32.] 20.01.320 20.01.330 Denial, revocation, suspension, or condition of licenses, probationary orders—Grounds. The director may refuse to grant a license or renew a license and may revoke or suspend a license or issue a conditional or probationary order if he is satisfied after a hearing, as herein provided, of the existence of any of the following facts, which are hereby declared to be a violation of this chapter: (1) That fraudulent charges or returns have been made by the applicant, or licensee, for the handling, sale or storage of, or for rendering of any service in connection with the handling, sale or storage of any agricultural product. (2) That the applicant, or licensee, has failed or refused to render a true account of sales, or to make a settlement thereon, or to pay for agricultural products received, within the time and in the manner required by this chapter. (3) That the applicant, or licensee, has made any false statement as to the condition, quality or quantity of agricultural products received, handled, sold or stored by him. (4) That the applicant, or licensee, directly or indirectly has purchased for his own account agricultural products received by him upon consignment without prior authority from the consignor together with the price fixed by consignor 20.01.330 (2008 Ed.) Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents or without promptly notifying the consignor of such purchase. This shall not prevent any commission merchant from taking to account of sales, in order to close the day’s business, miscellaneous lots or parcels of agricultural products remaining unsold, if such commission merchant shall forthwith enter such transaction on his account of sales. (5) That the applicant, or licensee, has intentionally made any false or misleading statement as to the conditions of the market for any agricultural products. (6) That the applicant, or licensee, has made fictitious sales or has been guilty of collusion to defraud the consignor. (7) That a commission merchant to whom any consignment is made has reconsigned such consignment to another commission merchant and has received, collected, or charged by such means more than one commission for making the sale thereof, for the consignor, unless by written consent of such consignor. (8) That the licensee was guilty of fraud or deception in the procurement of such license. (9) That the licensee or applicant has failed or refused to file with the director a schedule of his charges for services in connection with agricultural products handled on account of or as an agent of another, or that the applicant, or licensee, has indulged in any unfair practice. (10) That the licensee has rejected, without reasonable cause, or has failed or refused to accept, without reasonable cause, any agricultural product bought or contracted to be bought from a consignor by such licensee; or failed or refused, without reasonable cause, to furnish or provide boxes or other containers, or hauling, harvesting, or any other service contracted to be done by licensee in connection with the acceptance, harvesting, or other handling of said agricultural products bought or handled or contracted to be bought or handled; or has used any other device to avoid acceptance or unreasonably to defer acceptance of agricultural products bought or handled or contracted to be bought or handled. (11) That the licensee has otherwise violated any provision of this chapter and/or rules and regulations adopted hereunder. (12) That the licensee has knowingly employed an agent, as defined in this chapter, without causing said agent to comply with the licensing requirements of this chapter applicable to agents. (13) That the applicant or licensee has, in the handling of any agricultural products, been guilty of fraud, deceit, or negligence. (14) That the licensee has failed or refused, upon demand, to permit the director or his agents to make the investigations, examination or audits, as provided in this chapter, or that the licensee has removed or sequestered any books, records, or papers necessary to any such investigations, examination, or audits, or has otherwise obstructed the same. (15) That the licensee, without reasonable cause, has failed or refused to execute or carry out a lawful contract with a consignor. (16) That the licensee has failed or refused to keep and maintain the records as required by this chapter and/or rules and regulations adopted hereunder. (2008 Ed.) 20.01.350 (17) That the licensee has attempted payment by a check the licensee knows not to be backed by sufficient funds to cover such check. (18) That the licensee has been guilty of fraud or deception in his dealings with purchasers including misrepresentation of goods as to grade, quality, weights, quantity, or any other essential fact in connection therewith. (19) That the licensee has permitted a person to in fact operate his own separate business under cover of the licensee’s license and bond. (20) That a commission merchant or dealer has failed to furnish additional bond coverage within fifteen days of when it was requested in writing by the director. (21) That the licensee has discriminated in the licensee’s dealings with consignors on the basis of race, creed, color, national origin, sex, or the presence of any sensory, mental, or physical handicap. [1989 c 354 § 40; 1982 c 20 § 1; 1981 c 296 § 32; 1977 ex.s. c 304 § 8; 1971 ex.s. c 182 § 11; 1959 c 139 § 33.] Severability—1989 c 354: See note following RCW 15.36.012. Severability—1981 c 296: See note following RCW 15.08.010. 20.01.340 Denial, revocation, suspension of licenses, probationary orders—Previous violations as grounds. Previous violation by the applicant or licensee, or by any person connected with him, of any of the provisions of this chapter and/or rules and regulations adopted hereunder, shall be good and sufficient ground for denial, suspension or revocation of a license, or the issuance of a conditional or probationary order. [1959 c 139 § 34.] 20.01.340 20.01.350 Denial, revocation, suspension of licenses, probationary orders—Hearing, investigation—Findings required—Notices. The director, after hearing or investigation, may refuse to grant a license or renewal thereof and may revoke or suspend any license or issue a conditional or probationary order, as the case may require, when he is satisfied that the licensee has executory or executed contracts for the purchase of agricultural products, or for the handling of agricultural products on consignment. In such cases, if the director is satisfied that to permit the dealer or commission merchant to continue to purchase or to receive further shipments or deliveries of agricultural products would be likely to cause serious and irreparable loss to said consignor-creditors, or to consignors with whom the said dealer or commission merchant has said contracts, then the director within his discretion may thereupon and forthwith shorten the time herein provided for hearing upon an order to show cause why the license of said dealer or commission merchant should not be forthwith suspended, or revoked: PROVIDED, That the time of notice of said hearing, shall in no event be less than twenty-four hours, and the director shall, within that period, call a hearing at which the dealer or commission merchant proceeded against shall be ordered to show cause why the license should not be suspended, or revoked, or continued under such conditions and provisions, if any, as the director may consider just and proper and for the protection of the best interests of the producer-creditors involved. Said hearing, in the case of such emergency, may be called upon written notice, said notice to be served person20.01.350 [Title 20 RCW—page 9] 20.01.360 Title 20 RCW: Commission Merchants—Agricultural Products ally or by mail on the dealer or commission merchant involved, and may be held at the nearest office of the director or at such place as may be most convenient at the discretion of the director, for the attendance of all parties involved. [1959 c 139 § 35.] 20.01.360 Order of revocation, suspension. Any order revoking or suspending a license may, within the discretion of the director, be made conditional upon the settlement, adjustment or satisfaction of the consequence of the violation or violations as specified, and the operation of such an order may be deferred for such purpose. Any such order may contain provisions for modification or dismissal thereof upon presentation to the director of evidence that the matter of complaint has been settled, adjusted or withdrawn at any time before such order becomes final. [1959 c 139 § 36.] 20.01.360 20.01.370 Commission merchants—Recordkeeping. Every commission merchant taking control of any agricultural products for sale as such commission merchant, shall promptly make and keep for a period of three years, beginning on the day the sale of the product is complete, a correct record showing in detail the following with reference to the handling, sale, or storage of such agricultural products: (1) The name and address of the consignor. (2) The date received. (3) The quality and quantity delivered by the consignor, and where applicable the dockage, tare, grade, size, net weight, or quantity. (4) An accounting of all sales, including dates, terms of sales, quality and quantity of agricultural products sold, and proof of payments received on behalf of the consignor. (5) The terms of payment to the producer. (6) An itemized statement of the charges to be paid by consignor in connection with the sale. (7) The names and addresses of all purchasers if said commission merchant has any financial interest in the business of said purchasers, or if said purchasers have any financial interest in the business of said commission merchant, directly or indirectly, as holder of the other’s corporate stock, as copartner, as lender or borrower of money to or from the other, or otherwise. Such interest shall be noted in said records following the name of any such purchaser. (8) A lot number or other identifying mark for each consignment, which number or mark shall appear on all sales tags and other essential records needed to show what the agricultural products actually sold for. (9) Any claim or claims which have been or may be filed by the commission merchant against any person for overcharges or for damages resulting from the injury or deterioration of such agricultural products by the act, neglect or failure of such person and such records shall be open to the inspection of the director and the consignor of agricultural products for whom such claim or claims are made. Before a commission merchant may handle an agricultural product in a pooling arrangement or accounting, the consignor must have agreed in writing to allow the pooling. Where a pooling arrangement is agreed to in writing between the consignor and commission merchant, the reporting requirements of subsections (4), (5), (6), and (8) of this 20.01.370 [Title 20 RCW—page 10] section shall apply to the pool rather than to the individual consignor or consignment and the records of the pool shall be available for inspection by any consignor to that pool. For individual accounting, the commission merchant shall transmit a copy of the record required by this section to the consignor on the same day the final remittance is made to the consignor as required by RCW 20.01.430. For a consignor who is participating in a pooling arrangement, the commission merchant shall, on the same day final remittance and accounting are made to the consignor as required by RCW 20.01.430, transmit to the consignor a summary of the records which are available for inspection by any consignor to that pool. [1991 c 109 § 20; 1989 c 354 § 41; 1988 c 254 § 18; 1979 ex.s. c 115 § 5; 1977 ex.s. c 304 § 9; 1974 ex.s. c 102 § 6; 1963 c 232 § 3; 1959 c 139 § 37.] Severability—1989 c 354: See note following RCW 15.36.012. 20.01.380 Dealers, cash buyers, livestock dealers— Recordkeeping—Carrying identification and health documents. Every dealer or cash buyer purchasing any agricultural products from the consignor thereof shall promptly make and keep for three years a correct record showing in detail the following: (1) The name and address of the consignor. (2) The date received. (3) The terms of the sale. (4) The quality and quantity delivered by the consignor, and where applicable the dockage, tare, grade, size, net weight, or quantity. (5) An itemized statement of any charges paid by the dealer or cash buyer for the account of the consignor. (6) The name and address of the purchaser: PROVIDED, That the name and address of the purchaser may be deleted from the record furnished to the consignor. A copy of such record containing the above matters shall be forwarded to the consignor forthwith. Livestock dealers must also maintain individual animal identification and disposition records as may be required by law, or rule adopted by the director. Livestock dealers must carry animal identification and animal health documents as required by chapters 16.36 and 16.57 RCW and rules adopted by the director under those chapters. [2007 c 71 § 7; 1991 c 109 § 21; 1989 c 354 § 42; 1988 c 254 § 17; 1981 c 296 § 33; 1963 c 232 § 4; 1959 c 139 § 38.] 20.01.380 Severability—1989 c 354: See note following RCW 15.36.012. Severability—1981 c 296: See note following RCW 15.08.010. 20.01.385 Failure to comply—Construction of transaction. Whenever a commission merchant or dealer handling any agricultural products fails to carry out the provisions of RCW 20.01.370 as now or hereafter amended or RCW 20.01.380, whichever is applicable, it shall be prima facie evidence that the transaction involving the handling of any agricultural products between the consignor and the commission merchant or dealer was either a commission type transaction, or dealer transaction constituting an outright sale by the consignor, whichever is most favorable to the consignor. Such determination in favor of the consignor shall be based on the market price of the agricultural product in question at 20.01.385 (2008 Ed.) Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents the time the complaint is filed against said commission merchant or dealer by the consignor: PROVIDED, That if the return to the consignor is determined most favorably on a commission basis, the total commission shall not exceed ten percent, and all other charges for handling the agricultural product in question shall be figured on the basis of the actual cost of said handling. [1977 ex.s. c 304 § 10; 1974 ex.s. c 102 § 7; 1967 c 240 § 42.] 20.01.390 When dealer must pay for products delivered to him. (1) Every dealer must pay for agricultural products, except livestock, delivered to him at the time and in the manner specified in the contract with the producer, but if no time is set by such contract, or at the time of said delivery, then within thirty days from the delivery or taking possession of such agricultural products. (2) Every dealer must pay for livestock delivered to him at the time and in the manner specified in the contract, but if no time is set by such contract, or at the time of said delivery, then within seven days from the delivery or taking possession of such livestock. Where payment for livestock is made by mail, payment is timely if mailed within seven days of the date of sale. [1982 c 20 § 2; 1959 c 139 § 39.] 20.01.390 20.01.400 Broker’s memorandum of sale. Every broker, upon negotiating the sale of agricultural products, shall issue to both buyer and seller a written memorandum of sale, showing price, date of delivery, quality, and other details concerned in the transaction. A copy of this memorandum shall be retained by the broker for a period of one year. [1959 c 139 § 40.] 20.01.400 20.01.410 Manifest of cargo—Bill of lading. (1) A copy of a manifest of cargo, on a form prescribed by the director, shall be carried on any vehicle transporting agricultural products purchased by a dealer or cash buyer, or consigned to a commission merchant from the consignor thereof when prescribed by the director. A bill of lading may be carried in lieu of a manifest of cargo for an agricultural product other than hay or straw. (2) Except as provided in subsection (3) of this section, the commission merchant, dealer, or cash buyer of agricultural products shall issue a copy of the manifest or bill of lading to the consignor of the agricultural products and the original shall be retained by the licensee for a period of three years during which time it shall be surrendered upon request to the director. The manifest of cargo is valid only when signed by the licensee or his or her agent and the consignor or his or her authorized representative of the agricultural products. (3) The commission merchant or dealer of hay or straw shall issue a copy of a manifest to the consignor. The original copy shall be retained by the commission merchant or dealer for a period of three years during which time it shall be surrendered upon request to the director. The manifest of cargo is valid only when signed by the licensee or his or her agent and the consignor or his or her authorized representative of hay or straw. (4) Manifest forms will be provided to licensees at the actual cost for the manifests plus necessary handling costs 20.01.410 (2008 Ed.) 20.01.450 incurred by the department. [2003 c 395 § 7; 1971 ex.s. c 182 § 12; 1959 c 139 § 41.] 20.01.420 Commission merchant’s report of sale to consignor. When requested by a consignor, a commission merchant shall promptly make available to the consignor or to the director all records of the ongoing sales of the consignor’s agricultural products showing the amount sold, the selling price, and any other information required under RCW 20.01.370. [1991 c 109 § 22; 1959 c 139 § 42.] 20.01.420 20.01.430 Commission merchant’s remittance to consignor. Every commission merchant shall remit to the consignor of any agricultural product the full price for which such agricultural product was sold within thirty days of the date of sale, or in the case of livestock within seven days of the date of sale unless otherwise mutually agreed between grower and commission merchant. The remittance to the consignor shall include all collections, overcharges, and damages, less the agreed commission and other charges and advances, and a complete account of the sale. Where payment for livestock is made by mail, payment is timely if mailed within seven days of the date of sale unless otherwise specified in an agreement between the producer and the dealer in livestock. [1982 c 20 § 3; 1977 ex.s. c 304 § 11; 1974 ex.s. c 102 § 9; 1959 c 139 § 43.] 20.01.430 20.01.440 Commission merchant’s copy of records to be retained—Inspection—Department’s certificate of condition, quality, etc. Every commission merchant shall retain a copy of all records covering each transaction for a period of three years from the date thereof, which copy shall at all times be available for, and open to, the confidential inspection of the director and the consignor, or authorized representative of either. In the event of any dispute or disagreement between a consignor and a commission merchant arising at the time of delivery as to condition, quality, grade, pack, quantity, or weight of any lot, shipment or consignment of agricultural products, the department shall furnish, upon the payment of a reasonable fee therefor by the requesting party, a certificate establishing the condition, quality, grade, pack, quantity, or weight of such lot, shipment or consignment. Such certificate shall be prima facie evidence in all courts of this state as to the recitals thereof. The burden of proof shall be upon the commission merchant to prove the correctness of his accounting as to any transaction which may be questioned. [1991 c 109 § 23; 1959 c 139 § 44.] 20.01.440 20.01.450 Claims against seller by dealer, cash buyer—Credit to dealer, cash buyer against consignor— Certificate of proof. No claim may be made as against the seller of agricultural products by a dealer or cash buyer under this chapter, and no credit may be allowed to such dealer or cash buyer as against a consignor of agricultural products by reason of damage to, or loss, dumping, or disposal of agricultural products sold to said dealer or cash buyer, in any payment, accounting or settlement made by said dealer or cash buyer to said consignor, unless said dealer or cash buyer has secured and is in possession of a certificate, issued by an agricultural inspector, county health officer, director, a duly 20.01.450 [Title 20 RCW—page 11] 20.01.460 Title 20 RCW: Commission Merchants—Agricultural Products authorized officer of the state department of social and health services, or by some other official now or hereafter authorized by law, to the effect that the agricultural products involved have been damaged, dumped, destroyed or otherwise disposed of as unfit for the purpose intended. Such certificate will not be valid as proof of proper claim, credit or offset unless issued within twenty-four hours, or a reasonable time as prescribed by the director, of the receipt by the dealer or cash buyer of the agricultural products involved. [1979 c 141 § 33; 1959 c 139 § 45.] 20.01.475 Licensee under chapter—Prima facie evidence acting as licensee handling agricultural products. It shall be prima facie evidence that a licensee licensed under the provisions of *this 1971 amendatory act is acting as such in the handling of any agricultural product. [1971 ex.s. c 182 § 13; 1967 c 240 § 43.] 20.01.475 *Reviser’s note: The term "this 1971 amendatory act" [1971 ex.s. c 182] refers to the 1971 amendments to RCW 20.01.010, 20.01.030, 20.01.040, 20.01.060, 20.01.080, 20.01.125, 20.01.130, 20.01.210, 20.01.212, 20.01.214, 20.01.330, 20.01.410, 20.01.475, and the enactment of RCW 20.01.480, 20.01.500 through 20.01.560. 20.01.460 20.01.460 Prohibited acts—Penalties. (1) Any person who violates the provisions of this chapter or fails to comply with the rules adopted under this chapter is guilty of a gross misdemeanor, except as provided in subsections (2) through (4) of this section. (2) Any commission merchant, dealer, or cash buyer, or any person assuming or attempting to act as a commission merchant, dealer, or cash buyer without a license is guilty of a class C felony who: (a) Imposes false charges for handling or services in connection with agricultural products. (b) Makes fictitious sales or is guilty of collusion to defraud the consignor. (c) Intentionally makes false statement or statements as to the grade, conditions, markings, quality, or quantity of goods shipped or packed in any manner. (d) With the intent to defraud the consignor, fails to comply with the requirements set forth under RCW 20.01.010(10), 20.01.390, or 20.01.430. (3) Any person who violates the provisions of RCW 20.01.040, 20.01.080, 20.01.120, 20.01.125, 20.01.410, or 20.01.610 has committed a civil infraction. (4) Unlawful issuance of a check or draft may be prosecuted under RCW 9A.56.060. [2003 c 395 § 8; 1989 c 354 § 43; 1988 c 254 § 19; 1986 c 178 § 13; 1982 c 20 § 4; 1959 c 139 § 46.] Severability—1989 c 354: See note following RCW 15.36.012. 20.01.465 20.01.465 Time of sale requirement—Unlawful practice. (1) In the preparation and use of written contracts, it is unlawful for a commission merchant to include in such contracts a requirement that a consignor give up all involvement in determining the time the consignor’s agricultural products will be sold. (2) Subsection (1) of this section does not apply to agricultural products consigned to a commission merchant under a written pooling agreement. (3) Subsection (1) of this section does not apply to seeds consigned to a commission merchant. [2004 c 212 § 3; 1991 c 109 § 24.] 20.01.470 20.01.470 Action to enjoin violation of chapter. The director may bring an action to enjoin the violation or the threatened violation of any provision of this chapter or of any order made pursuant to this chapter in the superior court in the county in which such violation occurs or is about to occur. [1959 c 139 § 47.] [Title 20 RCW—page 12] 20.01.480 Violations resulting in improper or nonpayment—Charges. When a violation has occurred which results in improper payment or nonpayment and a claim is made to the department and the payment is secured through the actions of the department, the charges made to the consignor for the action of the department in the matter will depend upon the delay of reporting after such improper payment or nonpayment would normally become obvious to the consignor as follows: (1) When reported within thirty days, no charge. (2) When reported thirty days to one hundred eighty days, five percent. (3) When reported after one hundred eighty days, ten percent. [1977 ex.s. c 304 § 13; 1971 ex.s. c 182 § 14.] 20.01.480 20.01.482 Civil infractions—Notice—Misdemeanors. (1) The director shall have the authority to issue a notice of civil infraction if an infraction is committed in his or her presence or, if after investigation, the director has reasonable cause to believe an infraction has been committed. (2) It is a misdemeanor for any person to refuse to properly identify himself or herself for the purpose of issuance of a notice of infraction. (3) Any person willfully failing to respond to a notice of infraction is guilty of a misdemeanor regardless of the disposition of the notice of infraction. [2006 c 270 § 10; 2004 c 43 § 3; 2003 c 53 § 161; 1986 c 178 § 1.] 20.01.482 Effective date—2004 c 43: See note following RCW 7.80.150. Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 20.01.484 Civil infractions—Response to notice. (1) Any person who receives a notice of infraction shall respond to such notice as provided in this section within fifteen days of the date of the notice. (2) Any employee or agent of a licensee under this chapter is fully authorized to accept a notice of infraction on behalf of the licensee. The director shall also furnish a copy of the notice of infraction to the licensee by certified mail within five days of issuance. (3) If the person determined to have committed the infraction does not contest the determination, that person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the court specified on the notice. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response. When a response, which does not contest the determination, is received, an 20.01.484 (2008 Ed.) Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents appropriate order shall be entered into the courts record and a record of the response shall be furnished to the director. (4) If a person determined to have committed the infraction wishes to contest the determination, that person shall respond by completing the portion of the notice of the infraction requesting a hearing and submitted either by mail or in person to the court specified in the notice. The court shall notify the person in writing of the time, place, and the date of the hearing which shall not be sooner than fifteen days from the date of the notice, except by agreement. (5) If the person determined to have committed the infraction does not contest the determination, but wishes to explain mitigating circumstances surrounding the infraction, the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it either by mail or in person to the court specified in the notice. The court shall notify the person in writing of the time, place and date of the hearing. (6) If a person issued a notice of infraction fails to respond to the notice of infraction or fails to appear at the hearing requested pursuant to this section, the court shall enter an appropriate order in assessing the monetary penalty prescribed in the schedule of penalties submitted to the court by the director and shall notify the director of the failure to respond to the notice of infraction or to appear at a requested hearing. [1986 c 178 § 2.] 20.01.520 order shall be entered in the court’s record. A copy of the order shall be furnished to the director. There may be no appeal from the court’s determination or order. [1986 c 178 § 4.] 20.01.490 Civil infractions—Monetary penalty— Failure to pay, misdemeanor. (1) Any person found to have committed a civil infraction under this chapter shall be assessed a monetary penalty. No monetary penalty so assessed may exceed five thousand dollars. The director shall adopt a schedule of monetary penalties for each violation of this chapter classified as a civil infraction and shall submit the schedule to the proper courts. Whenever a monetary penalty is imposed by the court, the penalty is immediately due and payable. The court may, at its discretion, grant an extension of time, not to exceed thirty days, in which the penalty must be paid. (2) Failure to pay any monetary penalties imposed under this chapter is a misdemeanor. [2003 c 395 § 9; 2003 c 53 § 162; 1986 c 178 § 5.] 20.01.490 Reviser’s note: This section was amended by 2003 c 53 § 162 and by 2003 c 395 § 9, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 20.01.500 "Grower," "processor" defined—Application of exemption contained in RCW 20.01.030(1). Notwithstanding any other provision of law, for the purposes of RCW 20.01.510 through 20.01.550 the term "grower" and the term "processor" shall have the meanings ascribed thereto by this section: (1) "Grower" means any person, firm, company, or other organization that is engaged in the production of agricultural crops which must be planted, cultivated, and harvested within a twelve month period. (2)(a) "Processor" means any person, firm, company, or other organization that purchases agricultural crops from a grower and who cans, freezes, dries, dehydrates, cooks, presses, powders, or otherwise processes such crops in any manner whatsoever for eventual resale. (b) The exemption provided for in RCW 20.01.030(1) shall not apply to a cooperative or association as defined therein, which acts as a processor defined herein, and markets such agricultural crops on behalf of the grower or on its own behalf. [1977 ex.s. c 304 § 14; 1971 ex.s. c 182 § 15.] 20.01.500 20.01.486 Civil infractions—Hearing to contest charge—Order—Appeal. A hearing held for the purpose of contesting the determination that an infraction has been committed shall be held without jury. The court may consider the notice of infraction and any other written report submitted by the director. The person named in the notice may subpoena witnesses and has the right to present evidence and examine witnesses present in court. The burden of proof is upon the state to establish the commission of the infraction by preponderance of evidence. After consideration of the evidence and argument, the court shall determine whether the infraction was committed. Where it is not established that the infraction was committed, an order dismissing the notice shall be entered in the court’s record. When it is established that the infraction was committed, an appropriate order shall be entered in the court’s record, a copy of which shall be furnished to the director. Appeal from the court’s determination or order shall be to the superior court and must be appealed within ten days. The decision of the superior court is subject only to discretionary review pursuant to Rule 2.3 of the rules of appellate procedure. [1986 c 178 § 3.] 20.01.486 20.01.488 Civil infractions—Informal hearing on mitigating circumstances—Order—No appeal. A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an infraction shall be an informal proceeding. The person named in the notice may not subpoena witnesses. The determination that the infraction has been committed may not be contested at a hearing held for the purpose of explaining circumstances. After the court has heard the explanation of the circumstances surrounding the commission of the infraction, an appropriate 20.01.488 (2008 Ed.) 20.01.510 Processor’s form showing maximum processing capacity. In order to carry out the purposes of *this 1971 amendatory act, the director may require a processor to annually complete a form prescribed by the director, which, when completed, will show the maximum processing capacity of each plant operated by the processor in the state of Washington. Such completed form shall be returned to the director by a date prescribed by him. [1971 ex.s. c 182 § 16.] 20.01.510 *Reviser’s note: For "this 1971 amendatory act," see note following RCW 20.01.475. 20.01.520 Processor to have grower contracts and commitments on file. By a date or dates prescribed prior to 20.01.520 [Title 20 RCW—page 13] 20.01.530 Title 20 RCW: Commission Merchants—Agricultural Products planting time by the director, the director, in order to carry out the purposes of *this 1971 amendatory act, may require a processor to have filed with him: (1) A copy of each contract he has entered into with a grower for the purchase of acres of crops and/or quantity of crops to be harvested during the present or next growing season; and (2) A notice of each oral commitment he has given to growers for the purchase of acres of crops and/or quantity of crops to be harvested during the present or next growing season, and such notice shall disclose the amount of acres and/or quantity to which the processor has committed himself. [1971 ex.s. c 182 § 17.] *Reviser’s note: For "this 1971 amendatory act," see note following RCW 20.01.475. 20.01.530 Grower may file form showing crops processor is committed to purchase. Any grower may file with the director on a form prescribed by him the acres of crops and/or quantity of crops to be harvested during the present or next growing season, which he understands a processor has orally committed himself to purchase. [1971 ex.s. c 182 § 18.] 20.01.530 20.01.540 Committing to purchase more crops than plants can process—Violation. Any processor who, from the information filed with the director, appears to or has committed himself either orally or in writing to purchase more crops than his plants are capable of processing shall be in violation of this chapter and his dealer’s license subject to denial, suspension, or revocation as provided for in RCW 20.01.330. [1971 ex.s. c 182 § 19.] state are subject to inspection and must stop at any posted inspection point established by the director. The director or appointed officers may stop a vehicle transporting agricultural products upon the public roads of this state at a place other than an inspection point if there is reasonable cause to believe the carrier, seller, or buyer may be in violation of this chapter. Any operator of a vehicle failing or refusing to stop when directed to do so has committed a civil infraction. The director and appointed officers shall work to ensure that vehicles carrying perishable agricultural products are detained no longer than is absolutely necessary for a prompt assessment of compliance with this chapter. If a vehicle carrying perishable agricultural products is found to be in violation of this chapter, the director or appointed officers shall promptly issue necessary notices of civil infraction, as provided in RCW 20.01.482 and 20.01.484, and shall allow the vehicle to continue toward its destination without further delay. [2007 c 71 § 6; 2003 c 395 § 10; 1986 c 178 § 14; 1983 c 305 § 8.] Severability—1983 c 305: See note following RCW 20.01.010. 20.01.900 Chapter cumulative and nonexclusive. The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy. [1959 c 139 § 48.] 20.01.900 20.01.540 20.01.910 Severability—1959 c 139. If any section or provision of this chapter shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the chapter as a whole, or any section, provision or part thereof, not adjudged invalid or unconstitutional. [1959 c 139 § 49.] 20.01.910 20.01.911 Severability—1963 c 232. 15.61.900. 20.01.911 20.01.550 Discrimination by processor. Any processor who discriminates between growers with whom he contracts as to price, conditions for production, harvesting, and delivery of crops which is not supportable by economic cost factors shall be in violation of this chapter and the director may subsequent to a hearing deny, suspend, or revoke such processor’s license to act as a dealer. [1977 ex.s. c 304 § 15; 1971 ex.s. c 182 § 20.] 20.01.550 20.01.560 Effective date of RCW 20.01.500 through 20.01.550. RCW 20.01.500 through 20.01.550 shall take effect beginning on September 1, 1972. [1971 ex.s. c 182 § 21.] 20.01.560 20.01.570 Cash or other security in lieu of surety bond. In lieu of the surety bond required under the provisions of this chapter, an applicant or licensee may file with the director a deposit consisting of cash or other security acceptable to the director. The director may adopt rules and regulations necessary for the administration of such security. [1973 c 142 § 2.] 20.01.570 20.01.610 Authority to stop vehicle violating chapter—Failure to stop, civil infraction. The director may establish points of inspection for vehicles transporting agricultural products on the public roads of this state. Vehicles transporting agricultural products on the public roads of this 20.01.610 [Title 20 RCW—page 14] See RCW 20.01.912 Severability—1967 c 240. See note following RCW 43.23.010. 20.01.912 20.01.913 Severability—1979 ex.s. c 115. If any provision of this 1979 act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1979 ex.s. c 115 § 7.] 20.01.913 20.01.920 Effective date—1959 c 139. The effective date of this chapter shall be January 1, 1960. [1959 c 139 § 50.] 20.01.920 20.01.930 Repealer. Chapter 14, Laws of 1955 as amended by section 4, chapter 262, Laws of 1955, section 3, chapter 262, Laws of 1955, sections 1 and 2, chapter 262, Laws of 1955 and RCW 20.04.010 through 20.04.120, 20.08.010 through 20.08.110, 20.12.020 through 20.12.040, 20.16.010 through 20.16.040, 20.20.010 through 20.20.060, 20.24.010 through 20.24.070 and 20.98.010 through 20.98.060 are hereby repealed. [1959 c 139 § 51.] 20.01.930 20.01.940 Repealer—Savings—1979 ex.s. c 115. Section 10, chapter 102, Laws of 1974 ex. sess., section 12, chap20.01.940 (2008 Ed.) Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents 20.01.940 ter 304, Laws of 1977 ex. sess. and RCW 20.01.445 are each repealed. Such repeals shall not be construed as affecting any existing right acquired under the statutes repealed, nor as affecting any proceeding instituted thereunder, nor any rule, regulation, or order promulgated thereunder, nor any administrative action taken thereunder. [1979 ex.s. c 115 § 6.] (2008 Ed.) [Title 20 RCW—page 15] Title 21 SECURITIES AND INVESTMENTS Title 21 Chapters 21.20 Securities act of Washington. 21.30 Commodity transactions. 21.35 Uniform transfer on death security registration act. REGISTRATION BY QUALIFICATION 21.20.210 21.20.220 21.20.230 Department of financial institutions: Chapter 43.320 RCW. GENERAL PROVISIONS REGARDING REGISTRATION OF SECURITIES The Washington Principal and Income Act of 2002: Chapter 11.104A RCW. Chapter 21.20 Chapter 21.20 RCW SECURITIES ACT OF WASHINGTON Sections 21.20.240 21.20.250 21.20.260 21.20.270 21.20.275 DEFINITIONS 21.20.005 21.20.010 21.20.020 21.20.030 21.20.035 Unlawful offers, sales, purchases. Unlawful acts of person advising another. Unlawful acts of investment adviser. Unlawful purchases or sales for customer’s account. VARIABLE CONTRACTS 21.20.037 Variable contracts—Registration required—Rules. REGISTRATION AND NOTICE FOR BROKER-DEALERS, SALESPERSONS, INVESTMENT ADVISERS, AND INVESTMENT ADVISER SALESPERSONS 21.20.040 21.20.050 21.20.060 21.20.070 21.20.080 21.20.090 21.20.100 21.20.110 21.20.120 21.20.130 21.20.135 Registration and notification required—Exemptions. Application for registration—Filing of documents—Consent to service of process—Fee. Contents of application for registration—Capital requirements. When registration effective—Requirements determined by rule. Duration of registration—Association with issuer, brokerdealer, federal covered adviser, or investment adviser— Notice to director—Extension of licensing period. Renewal of registration—Financial reports—Application for a successor. Accounts, correspondence, memoranda, papers, books, and other records—Release of information—Correction of filed document—Examination. Director may deny, suspend, revoke, restrict, condition, or limit any application or registration—Director may censure or fine registrant—Grounds—Procedures—Costs— Accounting. Denial, suspension, revocation of registration—Order— Request for, notice of hearing—Findings and conclusions. Cancellation of registration or application—Grounds. License as salesperson or broker-dealer prerequisite to suit for commission. REGISTRATION OF SECURITIES 21.20.140 Unlawful to offer or sell unregistered securities—Exceptions. 21.20.280 21.20.290 21.20.300 21.20.190 21.20.200 (2008 Ed.) Registration by coordination—Requirements—Statement, contents. Time of taking effect of registration statement by coordination—Conditions—"Price amendment", notification. Failure to notify of price amendment, proof of compliance— Stop order—Waiver of certain conditions. Stop orders—Grounds. Stop order prohibited if facts known on effective date of statement. Notification of entry of stop order—Hearing—Findings, conclusions, modification, etc. EXEMPT SECURITIES 21.20.310 Securities exempt from registration. 21.20.320 Exempt transactions. EXEMPT TRANSACTIONS EXEMPT SECURITIES AND TRANSACTIONS 21.20.325 Denial, revocation, condition, of exemptions—Authority— Procedure. 21.20.327 Required filings—Consent to service—Failure to comply— Rules—Fees. FEDERAL COVERED SECURITY CONSENT TO SERVICE OF PROCESS 21.20.330 Consent to service of process—Service, how made. FEES 21.20.340 Fees—Disposition. MISLEADING FILINGS 21.20.350 False or misleading statements in filed documents. UNLAWFUL REPRESENTATIONS CONCERNING REGISTRATION OR EXEMPTION 21.20.360 Filing, registration, statement, exemption not conclusive as to truth or completeness—Unlawful representations. INVESTIGATIONS AND SUBPOENAS 21.20.370 21.20.380 REGISTRATION BY COORDINATION 21.20.180 Registration statements—Generally. Registration by qualification or coordination—Escrow— Impounding proceeds. Registration by coordination or qualification—Offer and sale—Duration of effectiveness. Reports by filer of statement—Annual financial statements. Pending registration—Notice of termination—Application for continuation. DENIAL, SUSPENSION AND REVOCATION OF REGISTRATION OF SECURITIES Definitions. FRAUDULENT AND OTHER PROHIBITED PRACTICES Registration by qualification—Statements—Requirements— Audits. Information not required when nonissuer distribution. Time of taking effect of registration statement by qualification—Conditions. Investigations—Statement of facts relating to investigation may be permitted—Publication of information—Use of criminal history record information. Oaths—Subpoenas—Assisting another state—Compelling obedience—Punishment. INJUNCTIONS AND OTHER REMEDIES 21.20.390 21.20.395 Injunction, cease and desist order, restraining order, mandamus—Appointment of receiver or conservator for insolvent—Restitution or damages—Costs—Accounting. Administrative action—Hearing—Judicial review—Judgment. [Title 21 RCW—page 1] 21.20.005 Title 21 RCW: Securities and Investments CRIMINAL LIABILITIES 21.20.400 21.20.400 21.20.410 21.20.420 Penalty for violation of chapter—Limitation of actions (as amended by 2003 c 288). Penalty for violation of chapter—Limitation of actions (as amended by 2003 c 53). Attorney general, prosecuting attorney may institute criminal proceeding—Referral of evidence by director. Criminal punishment, chapter not exclusive. 21.20.825 21.20.830 21.20.835 21.20.840 21.20.845 21.20.850 21.20.855 CIVIL LIABILITIES 21.20.430 Civil liabilities—Survival, limitation of actions—Waiver of chapter void—Scienter. STATUTORY POLICY 21.20.900 Construction to secure uniformity. 21.20.905 Severability—1959 c 282. DISCONTINUANCE OF VIOLATIONS 21.20.435 Assurance of discontinuance of violations—Acceptance—Filing. SEVERABILITY OF PROVISIONS REPEAL AND SAVING PROVISIONS JUDICIAL REVIEW OF ORDERS 21.20.440 Judicial review of order—Modification of order by director on additional evidence. ADMINISTRATION OF CHAPTER 21.20.450 21.20.460 21.20.470 21.20.480 21.20.490 21.20.500 21.20.510 21.20.520 21.20.530 Administration of chapter—Rules and forms, publication— Cooperation with other state and federal authorities. Administrator of securities—Appointment, qualifications, term, etc. Compensation, travel expenses of administrator and employees. Unlawful use or disclosure of filed information. No liability under chapter for act in good faith. Administrative hearings public—Exception. Document filed when received—Register—Inspection of register, information, etc. Copies of entries, documents to be furnished—Copies as prima facie evidence. Interpretative opinions by director. PROOF OF EXEMPTION 21.20.540 Exemptions, exceptions, and preemptions—Burden of proof. ADVISORY COMMITTEE 21.20.550 21.20.560 21.20.570 21.20.580 21.20.590 State advisory committee—Composition, appointment, qualifications. State advisory committee—Chairperson, secretary—Meetings. State advisory committee—Terms—Vacancies. State advisory committee—Duties. State advisory committee—Reimbursement of travel expenses. ADDITIONAL PROVISIONS 21.20.700 21.20.702 21.20.705 21.20.710 21.20.715 21.20.717 21.20.720 21.20.725 21.20.727 21.20.730 21.20.732 21.20.734 21.20.740 21.20.745 21.20.750 21.20.800 21.20.805 21.20.810 21.20.815 21.20.820 Investigations and examinations—Additional authority— Scope. Suitability of recommendation—Reasonable grounds required. Debenture companies—Definitions. Debenture companies—Capital requirements. Debenture companies—Maturity date requirements. Debenture companies—Controlling person—Exceptions. Debenture companies—Prohibited activities by directors, officers, or controlling persons. Debenture companies—Debentures payable on demand— Interest—Certificates of debenture. Debenture companies—Acquisition of control—Requirements—Violation—Penalty. Debenture companies—Acquisition of control—Grounds for disapproval. Debenture companies—Notice of charges—Hearing—Cease and desist orders. Debenture companies—Temporary cease and desist orders. Reports—Requirements. Reports—Violations of reporting requirements—Penalties— Contribution. Reports—Suspension of sale of securities until reporting requirements complied with. Severability—1973 1st ex.s. c 171. Effective date—Construction—1973 1st ex.s. c 171. Application of chapter not limited. Debenture companies—Equity investments. Debenture companies—Loans to any one borrower—Limitations. [Title 21 RCW—page 2] Debenture companies—Bad debts. Debenture companies—Investments in unsecured loans. Debenture companies—Debenture holders—Notice of maturity date of debenture. Debenture companies—Annual financial statement. Debenture companies—Rules. Debenture companies—Record maintenance and preservation—Examination. Debenture companies—Examination reports and information—Exempt from public disclosure—Use in civil actions. 21.20.910 21.20.915 21.20.920 21.20.925 21.20.930 21.20.935 Saving—Civil, criminal proceedings. Saving—Prior effective registrations. Application of prior law. Judicial review of prior administrative orders. Solicitation permits under insurance laws not limited. Repealer. SHORT TITLE 21.20.940 Short title. Reviser’s note: Powers, duties, and functions of the department of licensing relating to securities were transferred to the department of financial institutions by 1993 c 472, effective October 1, 1993. See RCW 43.320.011. "Bucket shop": RCW 9.47.080, 9.47.090. Business corporations: Title 23B RCW. Camping resort contracts—Nonapplicability of certain laws to: RCW 19.105.510. Corporate seals, effect of nonuse: RCW 64.04.105. Exemption of timeshares from chapter: RCW 64.36.290. False stock subscriptions: RCW 9.24.010. Fraudulent issue of stock: RCW 9.24.020. Negotiable instruments: Title 62A RCW. Permit to sell stock of domestic insurance company: Chapter 48.06 RCW. Public service company securities: Chapter 81.08 RCW. Sale of capital notes and debentures by banks and trust companies: Chapter 30.36 RCW. Securities of public utilities: Chapter 80.08 RCW. Trust receipts: Title 62A RCW. Uniform Commercial Code—Investment securities: Article 62A.8 RCW. Viatical settlements: Chapter 48.102 RCW. Written statement of purchase or sale to be furnished market trader: RCW 9.47.100. DEFINITIONS 21.20.005 Definitions. The definitions set forth in this section shall apply throughout this chapter, unless the context otherwise requires: (1) "Director" means the director of financial institutions of this state. (2) "Salesperson" means any individual other than a broker-dealer who represents a broker-dealer or issuer in effecting or attempting to effect sales of securities. "Salesperson" does not include an individual who represents an issuer in (a) effecting a transaction in a security exempted by RCW 21.20.310 (1), (2), (3), (4), (9), (10), (11), (12), or (13), (b) effecting transactions exempted by RCW 21.20.320 unless otherwise expressly required by the terms of the exemption, or (c) effecting transactions with existing employees, partners, or directors of the issuer if no commission or other 21.20.005 (2008 Ed.) Securities Act of Washington remuneration is paid or given directly or indirectly for soliciting any person in this state. (3) "Broker-dealer" means any person engaged in the business of effecting transactions in securities for the account of others or for that person’s own account. "Broker-dealer" does not include (a) a salesperson, issuer, bank, savings institution, or trust company, (b) a person who has no place of business in this state if the person effects transactions in this state exclusively with or through the issuers of the securities involved in the transactions, other broker-dealers, or banks, savings institutions, trust companies, insurance companies, investment companies as defined in the investment company act of 1940, pension or profit-sharing trusts, or other financial institutions or institutional buyers, whether acting for themselves or as trustees, or (c) a person who has no place of business in this state if during any period of twelve consecutive months that person does not direct more than fifteen offers to sell or to buy into or make more than five sales in this state in any manner to persons other than those specified in (b) of this subsection. (4) "Guaranteed" means guaranteed as to payment of principal, interest, or dividends. (5) "Full business day" means all calendar days, excluding therefrom Saturdays, Sundays, and all legal holidays, as defined by statute. (6) "Investment adviser" means any person who, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities, or who, for compensation and as a part of a regular business, issues or promulgates analyses or reports concerning securities. "Investment adviser" also includes financial planners and other persons who, as an integral component of other financially related services, (a) provide the foregoing investment advisory services to others for compensation as part of a business or (b) hold themselves out as providing the foregoing investment advisory services to others for compensation. Investment adviser shall also include any person who holds himself out as a financial planner. "Investment adviser" does not include (a) a bank, savings institution, or trust company, (b) a lawyer, accountant, certified public accountant licensed under chapter 18.04 RCW, engineer, or teacher whose performance of these services is solely incidental to the practice of his or her profession, (c) a broker-dealer or its salesperson whose performance of these services is solely incidental to the conduct of its business as a broker-dealer and who receives no special compensation for them, (d) a publisher of any bona fide newspaper, news magazine, news column, newsletter, or business or financial publication or service, whether communicated in hard copy form, by electronic means, or otherwise, that does not consist of the rendering of advice on the basis of the specific investment situation of each client, (e) a radio or television station, (f) a person whose advice, analyses, or reports relate only to securities exempted by RCW 21.20.310(1), (g) an investment adviser representative, or (h) such other persons not within the intent of this paragraph as the director may by rule or order designate. (7) "Issuer" means any person who issues or proposes to issue any security, except that with respect to certificates of (2008 Ed.) 21.20.005 deposit, voting trust certificates, or collateral-trust certificates, or with respect to certificates of interest or shares in an unincorporated investment trust not having a board of directors (or persons performing similar functions) or of the fixed, restricted management, or unit type; the term "issuer" means the person or persons performing the acts and assuming the duties of depositor or manager pursuant to the provisions of the trust or other agreement or instrument under which the security is issued. (8) "Nonissuer" means not directly or indirectly for the benefit of the issuer. (9) "Person" means an individual, a corporation, a partnership, a limited liability company, a limited liability partnership, an association, a joint-stock company, a trust where the interest of the beneficiaries are evidenced by a security, an unincorporated organization, a government, or a political subdivision of a government. (10) "Sale" or "sell" includes every contract of sale of, contract to sell, or disposition of, a security or interest in a security for value. "Offer" or "offer to sell" includes every attempt or offer to dispose of, or solicitation of an offer to buy, a security or interest in a security for value. Any security given or delivered with, or as a bonus on account of, any purchase of securities or any other thing is considered to constitute part of the subject of the purchase and to have been offered and sold for value. A purported gift of assessable stock is considered to involve an offer and sale. Every sale or offer of a warrant or right to purchase or subscribe to another security of the same or another issuer, as well as every sale or offer of a security which gives the holder a present or future right or privilege to convert into another security of the same or another issuer, is considered to include an offer of the other security. (11) "Securities Act of 1933," "Securities Exchange Act of 1934," "Public Utility Holding Company Act of 1935," "Investment Company Act of 1940," and "Investment Advisers Act of 1940" means the federal statutes of those names as amended before or after June 10, 1959. (12)(a) "Security" means any note; stock; treasury stock; bond; debenture; evidence of indebtedness; certificate of interest or participation in any profit-sharing agreement; collateral-trust certificate; preorganization certificate or subscription; transferable share; investment contract; investment of money or other consideration in the risk capital of a venture with the expectation of some valuable benefit to the investor where the investor does not receive the right to exercise practical and actual control over the managerial decisions of the venture; voting-trust certificate; certificate of deposit for a security; fractional undivided interest in an oil, gas, or mineral lease or in payments out of production under a lease, right, or royalty; charitable gift annuity; any put, call, straddle, option, or privilege on any security, certificate of deposit, or group or index of securities, including any interest therein or based on the value thereof; or any put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency; or, in general, any interest or instrument commonly known as a "security," or any certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase, any security under this sub[Title 21 RCW—page 3] 21.20.010 Title 21 RCW: Securities and Investments section. This subsection applies whether or not the security is evidenced by a written document. (b) "Security" does not include: (i) Any insurance or endowment policy or annuity contract under which an insurance company promises to pay a fixed sum of money either in a lump sum or periodically for life or some other specified period; or (ii) an interest in a contributory or noncontributory pension or welfare plan subject to the Employee Retirement Income Security Act of 1974. (13) "State" means any state, territory, or possession of the United States, as well as the District of Columbia and Puerto Rico. (14) "Investment adviser representative" means any partner, officer, director, or a person occupying similar status or performing similar functions, or other individual, who is employed by or associated with an investment adviser, and who does any of the following: (a) Makes any recommendations or otherwise renders advice regarding securities; (b) Manages accounts or portfolios of clients; (c) Determines which recommendation or advice regarding securities should be given; (d) Solicits, offers, or negotiates for the sale of or sells investment advisory services; or (e) Supervises employees who perform any of the functions under (a) through (d) of this subsection. (15) "Relatives," as used in RCW 21.20.310(11) includes: (a) A member’s spouse; (b) Parents of the member or the member’s spouse; (c) Grandparents of the member or the member’s spouse; (d) Natural or adopted children of the member or the member’s spouse; (e) Aunts and uncles of the member or the member’s spouse; and (f) First cousins of the member or the member’s spouse. (16) "Customer" means a person other than a brokerdealer or investment adviser. (17) "Federal covered security" means any security defined as a covered security in the Securities Act of 1933. (18) "Federal covered adviser" means any person registered as an investment adviser under section 203 of the Investment Advisers Act of 1940. [2002 c 65 § 1; 1998 c 15 § 1; 1994 c 256 § 3. Prior: 1993 c 472 § 14; 1993 c 470 § 4; 1989 c 391 § 1; 1979 ex.s. c 68 § 1; 1979 c 130 § 3; 1977 ex.s. c 188 § 1; 1975 1st ex.s. c 84 § 1; 1967 c 199 § 1; 1961 c 37 § 1; 1959 c 282 § 60.] Findings—Construction—1994 c 256: See RCW 43.320.007. Effective date—Implementation—1993 c 472: See RCW 43.320.900 and 43.320.901. Severability—1979 c 130: See note following RCW 28B.10.485. FRAUDULENT AND OTHER PROHIBITED PRACTICES 21.20.010 Unlawful offers, sales, purchases. It is unlawful for any person, in connection with the offer, sale or purchase of any security, directly or indirectly: (1) To employ any device, scheme, or artifice to defraud; (2) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the 21.20.010 [Title 21 RCW—page 4] statements made, in the light of the circumstances under which they are made, not misleading; or (3) To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. [1959 c 282 § 1.] 21.20.020 Unlawful acts of person advising another. (1) It is unlawful for any person who receives any consideration from another party primarily for advising the other person as to the value of securities or their purchase or sale, whether through the issuance of analyses or reports or otherwise: (a) To employ any device, scheme, or artifice to defraud the other person; (b) To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon the other person; or (c) To engage in any dishonest or unethical practice as the director may define by rule. This subsection (1) applies whether or not the person is an investment adviser, federal covered adviser, or investment adviser under this chapter or the Investment Advisers Act of 1940. (2) It is unlawful for an investment adviser, acting as principal for his or her own account, knowingly to sell any security to or purchase any security from a client, or act as a broker for a person other than such client, knowingly to effect any sale or purchase of any security for the account of such client, without disclosing to such client in writing before the execution of such transaction the capacity in which he or she is acting and obtaining the consent of the client to such transaction. This subsection (2) does not apply to a transaction with a customer of a broker-dealer if the broker-dealer is not acting as an investment adviser in relation to the transaction. [2002 c 65 § 2; 1998 c 15 § 2; 1959 c 282 § 2.] 21.20.020 21.20.030 Unlawful acts of investment adviser. It is unlawful for any investment adviser to enter into, extend, or renew any investment advisory contract unless it provides in writing: (1) That the investment adviser shall not be compensated on the basis of a share of capital gains upon or capital appreciation of the funds or any portion of the funds of the client; however, this subsection does not prohibit: (a) An investment advisory contract which provides for compensation based upon the total of a fund averaged over a definite period, or as of definite dates or taken as of a definite date; or (b) performance compensation arrangements permitted under any rule the director may adopt in order to allow performance compensation arrangements permitted under the Investment Advisers Act of 1940 and regulations promulgated by the securities and exchange commission thereunder; (2) That no assignment of the contract may be made by the investment adviser without the consent of the other party to the contract; and (3) That the investment adviser, if a partnership, shall notify the other party to the contract of any change in the membership of the partnership within a reasonable time after the change. 21.20.030 (2008 Ed.) Securities Act of Washington "Assignment", as used in subsection (2) of this section, includes any direct or indirect transfer or hypothecation of an investment advisory contract by the assignor or of a controlling block of the assignor’s outstanding voting securities by a security holder of the assignor; but, if the investment adviser is a partnership, no assignment of an investment advisory contract is considered to result from the death or withdrawal of a minority of the members of the investment adviser having only a minority interest in the business of the investment adviser, or from the admission to the investment adviser of one or more members who, after admission, will be only a minority of the members and will have only a minority interest in the business. [1993 c 114 § 1; 1959 c 282 § 3.] 21.20.035 Unlawful purchases or sales for customer’s account. It is unlawful for a broker-dealer, salesperson, investment adviser, or investment adviser representative knowingly to effect or cause to be effected, with or for a customer’s account, transactions of purchase or sale (1) that are excessive in size or frequency in view of the financial resources and character of the account and (2) that are effected because the broker-dealer, salesperson, investment adviser, or investment adviser representative is vested with discretionary power or is able by reason of the customer’s trust and confidence to influence the volume and frequency of the trades. [1994 c 256 § 4; 1993 c 470 § 1.] 21.20.035 Findings—Construction—1994 c 256: See RCW 43.320.007. VARIABLE CONTRACTS 21.2 0.03 7 Va riable contract s—Regist rat io n required—Rules. As required by chapter 48.18A RCW, a person selling variable contracts shall be registered as a broker-dealer or securities salesperson as required by this chapter. This chapter, and any rules or orders adopted under this chapter, applies to any person engaged in the offer, sale, or purchase of a variable contract. "Variable contract" means the same as set forth under chapter 48.18A RCW. [2002 c 65 § 8.] 21.20.037 REGISTRATION AND NOTICE FOR BROKERDEALERS, SALESPERSONS, INVESTMENT ADVISERS, AND INVESTMENT ADVISER SALESPERSONS 21.20.040 Registration and notification required— Exemptions. (1) It is unlawful for any person to transact business in this state as a broker-dealer or salesperson, unless: (a) The person is registered under this chapter; (b) the person is exempted from registration as a broker-dealer or salesperson to sell or resell condominium units sold in conjunction with an investment contract as may be provided by rule or order of the director as to persons who are licensed pursuant to the provisions of chapter 18.85 RCW; (c) the person is a salesperson who satisfies the requirements of section 15(h)(2) of the Securities Exchange Act of 1934 and effects in this state no transactions other than those described by section 15(h)(3) of the Securities Exchange Act of 1934; (d) the person is a salesperson effecting transactions in open-end investment company securities sold at net asset value without 21.20.040 (2008 Ed.) 21.20.040 any sales charges; or (e) the person participates only in the sale or offering for sale of variable contracts which fund corporate plans meeting the requirements for qualification under section 401 or 403 of the United States Internal Revenue Code as set forth in RCW 48.18A.060. (2) It is unlawful for any broker-dealer or issuer to employ a salesperson unless the salesperson is registered or exempted from registration. (3) It is unlawful for any person to transact business in this state as an investment adviser or investment adviser representative unless: (a) The person is so registered or exempt from registration under this chapter; (b) the person has no place of business in this state and (i) the person’s only clients in this state are investment advisers registered under this chapter, federal covered advisers, broker-dealers, banks, savings institutions, trust companies, insurance companies, investment companies as defined in the Investment Company Act of 1940, employee benefit plans with assets of not less than one million dollars, or governmental agencies or instrumentalities, whether acting for themselves or as trustees with investment control, or (ii) during the preceding twelve-month period the person has had fewer than six clients who are residents of this state other than those specified in (b)(i) of this subsection; (c) the person is an investment adviser to an investment company registered under the Investment Company Act of 1940; (d) the person is a federal covered adviser and the person has complied with requirements of RCW 21.20.050; or (e) the person is excepted from the definition of investment adviser under section 202(a)(11) of the Investment Advisers Act of 1940. (4) It is unlawful for any person, other than a federal covered adviser, to hold himself or herself out as, or otherwise represent that he or she is a "financial planner", "investment counselor", or other similar term, as may be specified in rules adopted by the director, unless the person is registered as an investment adviser or investment adviser representative, is exempt from registration under RCW 21.20.040(1), or is excluded from the definition of investment adviser under RCW 21.20.005(6). (5)(a) It is unlawful for any person registered or required to be registered as an investment adviser under this chapter to employ, supervise, or associate with an investment adviser representative unless such investment adviser representative is registered as an investment adviser representative under this chapter. (b) It is unlawful for any federal covered adviser or any person required to be registered as an investment adviser under section 203 of the Investment Advisers Act of 1940 to employ, supervise, or associate with an investment adviser representative having a place of business located in this state, unless such investment adviser representative is registered or is exempted from registration under this chapter. [2002 c 65 § 3; 1998 c 15 § 3; 1994 c 256 § 5; 1989 c 391 § 2; 1979 ex.s. c 68 § 2; 1975 1st ex.s. c 84 § 2; 1974 ex.s. c 77 § 1; 1959 c 282 § 4.] Findings—Construction—1994 c 256: See RCW 43.320.007. Effective date—1974 ex.s. c 77: "This 1974 amendatory act shall take effect on July 1, 1974." [1974 ex.s. c 77 § 14.] Insurance, solicitation permits for sale of securities: RCW 48.06.090. [Title 21 RCW—page 5] 21.20.050 Title 21 RCW: Securities and Investments 21.20.050 Application for registration—Filing of documents—Consent to service of process—Fee. (1) A broker-dealer, salesperson, investment adviser, or investment adviser representative may apply for registration by filing with the director or his authorized agent an application together with a consent to service of process in such form as the director shall prescribe and payment of the fee prescribed in RCW 21.20.340. (2) A federal covered adviser shall file such documents as the director may, by rule or otherwise, require together with a consent to service of process and the payment of the fee prescribed in RCW 21.20.340. [1998 c 15 § 4; 1994 c 256 § 6; 1981 c 272 § 1; 1979 ex.s. c 68 § 3; 1975 1st ex.s. c 84 § 3; 1961 c 37 § 2; 1959 c 282 § 5.] 21.20.050 Findings—Construction—1994 c 256: See RCW 43.320.007. 21.20.060 Contents of application for registration— Capital requirements. The application shall contain whatever information the director requires concerning such matters as: (1) The applicant’s form and place of organization; (2) The applicant’s proposed method of doing business; (3) The qualifications and business history of the applicant and in the case of a broker-dealer or investment adviser; any partner, officer, or director, or any person occupying a similar status or performing similar functions; or any person directly or indirectly controlling the broker-dealer or investment adviser; (4) Any injunction or administrative order or conviction of a misdemeanor involving a security or any aspect of the securities business and any conviction of a felony; (5) The applicant’s financial condition and history; (6) The address of the principal place of business of the applicant and the addresses of all branch offices of the applicant in this state; and (7) Any information to be furnished or disseminated to any client or prospective client, if the applicant is an investment adviser. The director may by rule or otherwise require a minimum capital for registered broker-dealers, not to exceed the limitations provided in section 15 of the Securities Exchange Act of 1934, and establish minimum financial requirements for investment advisers, not to exceed the limitations provided in section 222 of the Investment Advisers Act of 1940, which may include different requirements for investment advisers who maintain custody of clients’ funds or securities or who have discretionary authority over those funds or securities, and may allow registrants to maintain a surety bond of appropriate amount as an alternative method of compliance with minimum capital or financial requirements. [1998 c 15 § 5; 1995 c 46 § 1; 1994 c 256 § 7; 1965 c 17 § 1; 1959 c 282 § 6.] 21.20.060 Findings—Construction—1994 c 256: See RCW 43.320.007. 21.20.070 When registration effective—Requirements determined by rule. If the application meets the requirements for registration, as the director may by rule or otherwise determine, and no denial order is in effect and no proceeding is pending under RCW 21.20.110, the director shall make the registration effective. [1998 c 15 § 6; 1981 c 21.20.070 [Title 21 RCW—page 6] 272 § 2; 1979 ex.s. c 68 § 4; 1975 1st ex.s. c 84 § 4; 1974 ex.s. c 77 § 2; 1959 c 282 § 7.] Effective date—1974 ex.s. c 77: See note following RCW 21.20.040. 21.20.080 Duration of registration—Association with issuer, broker-dealer, federal covered adviser, or investment adviser—Notice to director—Extension of licensing period. Registration of a broker-dealer, salesperson, investment adviser representative, or investment adviser shall be effective for a one-year period unless the director by rule or order provides otherwise. The director by rule or order may schedule registration or renewal so that all registrations and renewals expire December 31st. The director may adjust the fee for registration or renewal proportionately. The registration of a salesperson or investment adviser representative is not effective during any period when the salesperson is not employed by or associated with an issuer or a registered broker-dealer or when the investment adviser representative is not employed by or associated with an investment adviser registered under this chapter or a federal covered adviser who has made a notice filing pursuant to RCW 21.20.050. To be employed by or associated with an issuer, broker-dealer, federal covered adviser, or investment adviser within the meaning of this section notice, either in writing or in some other format as the director may by rule or otherwise specify, must be given to the director. When a salesperson begins or terminates employment or association with an issuer or registered broker-dealer, the salesperson and the issuer or broker-dealer shall promptly notify the director. When an investment adviser representative registered under this chapter begins or terminates employment or association with an investment adviser registered under this chapter or a federal covered adviser required to make a notice filing pursuant to RCW 21.20.050, the investment adviser representative and investment adviser or federal covered adviser shall promptly notify the director. Notwithstanding any provision of law to the contrary, the director may, from time to time, extend the duration of a licensing period for the purpose of staggering renewal periods. Such extension of a licensing period shall be by rule adopted in accordance with the provisions of chapter 34.05 RCW. Such rules may provide a method for imposing and collecting such additional proportional fee as may be required for the extended period. [1998 c 15 § 7; 1994 c 256 § 8; 1981 c 272 § 3; 1979 ex.s. c 68 § 5; 1975 1st ex.s. c 84 § 5; 1959 c 282 § 8.] 21.20.080 Findings—Construction—1994 c 256: See RCW 43.320.007. 21.20.090 Renewal of registration—Financial reports—Application for a successor. Registration of a broker-dealer, salesperson, investment adviser representative, or investment adviser may be renewed by filing with the director or his or her authorized agent prior to the expiration thereof an application containing such information as the director may require to indicate any material change in the information contained in the original application or any renewal application for registration as a broker-dealer, salesperson, investment adviser representative, or investment adviser filed with the director or his or her authorized agent by the applicant, payment of the prescribed fee, and, in the 21.20.090 (2008 Ed.) Securities Act of Washington case of a broker-dealer or investment adviser such financial reports as the director may prescribe by rule or otherwise. The reporting requirements so prescribed for a broker-dealer may not exceed the limitations provided in section 15 of the Securities Exchange Act of 1934. A registered broker-dealer or investment adviser may file an application for registration of a successor, and the director may at his or her discretion grant or deny the application. [1998 c 15 § 8; 1995 c 46 § 2; 1994 c 256 § 9; 1981 c 272 § 4; 1979 ex.s. c 68 § 6; 1975 1st ex.s. c 84 § 6; 1961 c 37 § 3; 1959 c 282 § 9.] Findings—Construction—1994 c 256: See RCW 43.320.007. 21.20.100 Accounts, correspondence, memoranda, papers, books, and other records—Release of information—Correction of filed document—Examination. (1) Every registered broker-dealer and investment adviser shall make and keep such accounts, correspondence, memoranda, papers, books, and other records, except with respect to securities exempt under RCW 21.20.310(1), which books and other records shall be prescribed by the director by rule or otherwise. The recordmaking and recordkeeping requirements prescribed for a broker-dealer shall not exceed the limitations provided in section 15 of the Securities Exchange Act of 1934. The recordmaking and recordkeeping requirements prescribed for a registered investment adviser shall not exceed the limitations provided in section 222 of the Investment Advisers Act of 1940. All records required to be made and kept by a registered investment adviser shall be preserved for such a period as the director prescribes by rule or otherwise. (2) With respect to investment advisers, the director may require that certain information be furnished or disseminated as necessary or appropriate in the public interest or for the protection of investors and advisory clients. (3) If the information contained in any document filed with the director is or becomes inaccurate or incomplete in any material respect, the registrant shall promptly file a correcting amendment unless notification of the correction has been given under RCW 21.20.090. (4) All the records of a registered broker-dealer or investment adviser are subject at any time or from time to time to such reasonable periodic, special or other examinations by representatives of the director, within or without this state, as the director deems necessary or appropriate in the public interest or for the protection of investors. [1998 c 15 § 9; 1959 c 282 § 10.] 21.20.100 21.20.110 Director may deny, suspend, revoke, restrict, condition, or limit any application or registration—Director may censure or fine registrant— Grounds—Procedures—Costs—Accounting. (1) The director may by order deny, suspend, revoke, restrict, condition, or limit any application or registration of any brokerdealer, salesperson, investment adviser representative, or investment adviser; or censure or fine the registrant or an officer, director, partner, or person performing similar functions for a registrant; if the director finds that the order is in the public interest and that the applicant or registrant or, in the case of a broker-dealer or investment adviser, any partner, officer, director, or person performing similar functions: 21.20.110 (2008 Ed.) 21.20.110 (a) Has filed an application for registration under this section which, as of its effective date, or as of any date after filing in the case of an order denying effectiveness, was incomplete in any material respect or contained any statement which was, in the light of the circumstances under which it was made, false, or misleading with respect to any material fact; (b) Has willfully violated or willfully failed to comply with any provision of this chapter or a predecessor act or any rule or order under this chapter or a predecessor act, or any provision of chapter 21.30 RCW or any rule or order thereunder; (c) Has been convicted, within the past ten years, of any misdemeanor involving a security, or a commodity contract or commodity option as defined in RCW 21.30.010, or any aspect of the securities, commodities, business investments, franchises, business opportunities, insurance, banking, or finance business, or any felony involving moral turpitude; (d) Is permanently or temporarily enjoined or restrained by any court of competent jurisdiction in an action brought by the director, a state, or a federal government agency from engaging in or continuing any conduct or practice involving any aspect of the securities, commodities, business investments, franchises, business opportunities, insurance, banking, or finance business; (e) Is the subject of an order entered after notice and opportunity for hearing: (i) By the securities administrator of a state or by the Securities and Exchange Commission denying, revoking, barring, or suspending registration as a broker-dealer, salesperson, investment adviser, or investment adviser representative; (ii) By the securities administrator of a state or by the Securities and Exchange Commission against a brokerdealer, salesperson, investment adviser, or an investment adviser representative; (iii) By the Securities and Exchange Commission or selfregulatory organization suspending or expelling the registrant from membership in a self-regulatory organization; or (iv) By a court adjudicating a United States Postal Service fraud; The director may not commence a revocation or suspension proceeding more than one year after the date of the order relied on. The director may not enter an order on the basis of an order under another state securities act unless that order was based on facts that would constitute a ground for an order under this section; (f) Is the subject of an order, adjudication, or determination, after notice and opportunity for hearing, by the Securities and Exchange Commission, the Commodities Futures Trading Commission, the Federal Trade Commission, or a securities or insurance regulator of any state that the person has violated the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Advisers Act of 1940, the Investment Company Act of 1940, the Commodities Exchange Act, the securities, insurance, or commodities law of any state, or a federal or state law under which a business involving investments, franchises, business opportunities, insurance, banking, or finance is regulated; (g) Has engaged in dishonest or unethical practices in the securities or commodities business; [Title 21 RCW—page 7] 21.20.110 Title 21 RCW: Securities and Investments (h) Is insolvent, either in the sense that his or her liabilities exceed his or her assets or in the sense that he or she cannot meet his or her obligations as they mature; but the director may not enter an order against an applicant or registrant under this subsection (1)(h) without a finding of insolvency as to the applicant or registrant; (i) Has not complied with a condition imposed by the director under RCW 21.20.100, or is not qualified on the basis of such factors as training, experience, or knowledge of the securities business, except as otherwise provided in subsection (2) of this section; (j) Has failed to supervise reasonably a salesperson or an investment adviser representative, or employee, if the salesperson, investment adviser representative, or employee was subject to the person’s supervision and committed a violation of this chapter or a rule adopted or order issued under this chapter. For the purposes of this subsection, no person fails to supervise reasonably another person, if: (i) There are established procedures, and a system for applying those procedures, that would reasonably be expected to prevent and detect, insofar as practicable, any violation by another person of this chapter, or a rule or order under this chapter; and (ii) The supervising person has reasonably discharged the duties and obligations required by these procedures and system without reasonable cause to believe that another person was violating this chapter or rules or orders under this chapter; (k) Has failed to pay the proper filing fee within thirty days after being notified by the director of a deficiency, but the director shall vacate an order under this subsection (1)(k) when the deficiency is corrected; (l) Within the past ten years has been found, after notice and opportunity for a hearing to have: (i) Violated the law of a foreign jurisdiction governing or regulating the business of securities, commodities, insurance, or banking; (ii) Been the subject of an order of a securities regulator of a foreign jurisdiction denying, revoking, or suspending the right to engage in the business of securities as a brokerdealer, agent, investment adviser, or investment adviser representative; or (iii) Been suspended or expelled from membership by a securities exchange or securities association operating under the authority of the securities regulator of a foreign jurisdiction; (m) Is the subject of a cease and desist order issued by the Securities and Exchange Commission or issued under the securities or commodities laws of a state; or (n) Refuses to allow or otherwise impedes the director from conducting an audit, examination, or inspection, or refuses access to any branch office or business location to conduct an audit, examination, or inspection. (2) The director, by rule or order, may require that an examination, including an examination developed or approved by an organization of securities administrators, be taken by any class of or all applicants. The director, by rule or order, may waive the examination as to a person or class of persons if the administrator determines that the examination is not necessary or appropriate in the public interest or for the protection of investors. [Title 21 RCW—page 8] (3) The director may issue a summary order pending final determination of a proceeding under this section upon a finding that it is in the public interest and necessary or appropriate for the protection of investors. (4) The director may not impose a fine under this section except after notice and opportunity for hearing. The fine imposed under this section may not exceed ten thousand dollars for each act or omission that constitutes the basis for issuing the order. If a petition for judicial review has not been timely filed under RCW 34.05.542(2), a certified copy of the director’s order requiring payment of the fine may be filed in the office of the clerk of the superior court in any county of this state. The clerk shall treat the order of the director in the same manner as a judgment of the superior court. The director’s order so filed has the same effect as a judgment of the superior court and may be recorded, enforced, or satisfied in like manner. (5) Withdrawal from registration as a broker-dealer, salesperson, investment adviser, or investment adviser representative becomes effective thirty days after receipt of an application to withdraw or within such shorter period as the administrator determines, unless a revocation or suspension proceeding is pending when the application is filed. If a proceeding is pending, withdrawal becomes effective upon such conditions as the director, by order, determines. If no proceeding is pending or commenced and withdrawal automatically becomes effective, the administrator may nevertheless commence a revocation or suspension proceeding under subsection (1)(b) of this section within one year after withdrawal became effective and enter a revocation or suspension order as of the last date on which registration was effective. (6) A person who, directly or indirectly, controls a person not in compliance with any part of this section may also be sanctioned to the same extent as the noncomplying person, unless the controlling person acted in good faith and did not directly or indirectly induce the conduct constituting the violation or cause of action. (7) In any action under subsection (1) of this section, the director may charge the costs, fees, and other expenses incurred by the director in the conduct of any administrative investigation, hearing, or court proceeding against any person found to be in violation of any provision of this section or any rule or order adopted under this section. (8) In any action under subsection (1) of this section, the director may enter an order requiring an accounting, restitution, and disgorgement, including interest at the legal rate under *RCW 4.56.110(3). The director may by rule or order provide for payments to investors, rates of interest, periods of accrual, and other matters the director deems appropriate to implement this subsection. (9) The director shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director’s receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order. [2003 c 288 § 4; 2002 c 65 § 4; 1998 c 15 § 10; 1997 c 58 § 856; 1994 c 256 § 10; 1993 c 470 § 3; 1986 c (2008 Ed.) Securities Act of Washington 14 § 45; 1979 ex.s. c 68 § 7; 1975 1st ex.s. c 84 § 7; 1965 c 17 § 2; 1959 c 282 § 11.] *Reviser’s note: RCW 4.56.110 was amended by 2004 c 185 § 2, changing subsection (3) to subsection (4). 21.20.190 Effective date—1974 ex.s. c 77: See note following RCW 21.20.040. REGISTRATION OF SECURITIES 21.20.140 Unlawful to offer or sell unregistered securities—Exceptions. It is unlawful for any person to offer or sell any security in this state unless: (1) The security is registered by coordination or qualification under this chapter; (2) the security or transaction is exempted under RCW 21.20.310 or 21.20.320; or (3) the security is a federal covered security, and, if required, the filing is made and a fee is paid in accordance with RCW 21.20.327. [1998 c 15 § 11; 1975 1st ex.s. c 84 § 10; 1959 c 282 § 14.] 21.20.140 Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. Findings—Construction—1994 c 256: See RCW 43.320.007. Severability—Effective date—1986 c 14: See RCW 21.30.900 and 21.30.901. 21.20.120 Denial, suspension, revocation of registration—Order—Request for, notice of hearing—Findings and conclusions. Upon the entry of an order under RCW 21.20.110, the director shall promptly notify the applicant or registrant, as well as the employer or prospective employer if the applicant or registrant is a salesperson or investment adviser representative, that it has been entered and of the reasons therefor and that if requested by the applicant or registrant within fifteen days after the receipt of the director’s notification the matter will be promptly set down for hearing. If no hearing is requested and none is ordered by the director, the order will remain in effect until it is modified or vacated by the director. If a hearing is requested or ordered, the director, after notice of and opportunity for hearing, may modify or vacate the order or extend it until final determination. No order may be entered under RCW 21.20.110 denying or revoking registration without appropriate prior notice to the applicant or registrant (as well as the employer or prospective employer if the applicant or registrant is a salesperson or an investment adviser representative), opportunity for hearing, and written findings of fact and conclusions of law. [1994 c 256 § 11; 1979 ex.s. c 68 § 8; 1975 1st ex.s. c 84 § 8; 1959 c 282 § 12.] 21.20.120 Findings—Construction—1994 c 256: See RCW 43.320.007. 21.20.130 Cancellation of registration or application—Grounds. If the director finds that any registrant or applicant for registration is no longer in existence or has ceased to do business as a broker-dealer, investment adviser, investment adviser representative, or salesperson, or is subject to an adjudication of mental incompetence or to the control of a committee, conservator, or guardian, or cannot be located after reasonable search, the director may by order cancel the registration or application. [1994 c 256 § 12; 1979 ex.s. c 68 § 9; 1975 1st ex.s. c 84 § 9; 1959 c 282 § 13.] 21.20.130 Findings—Construction—1994 c 256: See RCW 43.320.007. 21.20.135 License as salesperson or broker-dealer prerequisite to suit for commission. No suit or action shall be brought for the collection of a commission for the sale of a security, as defined within this chapter without alleging and proving that the plaintiff was a duly licensed salesperson for an issuer or a broker-dealer, or exempt under the provisions of RCW 21.20.040, or a duly licensed broker-dealer in this state or another state at the time the alleged cause of action arose. [1979 ex.s. c 68 § 10; 1974 ex.s. c 77 § 3; 1961 c 37 § 10.] 21.20.135 (2008 Ed.) REGISTRATION BY COORDINATION 21.20.180 Registration by coordination—Requirements—Statement, contents. Any security for which a registration statement has been filed under the securities act of 1933 or any securities for which filings have been made pursuant to regulation A pursuant to subsection (b) of Sec. 3 of the securities act in connection with the same offering may be registered by coordination. A registration statement under this section shall contain the following information and be accompanied by the following documents, in addition to payment of the registration fee prescribed in RCW 21.20.340 and, if required under RCW 21.20.330, a consent to service of process meeting the requirements of that section: (1) One copy of the prospectus, offering circular and/or letters of notification, filed under the securities act of 1933 together with all amendments thereto; (2) The amount of securities to be offered in this state; (3) The states in which a registration statement or similar document in connection with the offering has been or is expected to be filed; (4) Any adverse order, judgment or decree previously entered in connection with the offering by any court or the securities and exchange commission; (5) If the director, by rule or otherwise, requires a copy of the articles of incorporation and bylaws (or their substantial equivalents) currently in effect, a copy of any agreements with or among underwriters, a copy of any indenture or other instrument governing the issuance of the security to be registered, and a specimen or copy of the security; (6) If the director requests, any other information, or copies of any other documents, filed under the securities act of 1933; (7) An undertaking to forward promptly all amendments to the federal registration statement, offering circular and/or letters of notification, other than an amendment which merely delays the effective date; and (8) If the aggregate sales price of the offering exceeds one million dollars, audited financial statements and other financial information prepared as to form and content under rules adopted by the director. [1994 c 256 § 13; 1979 ex.s. c 68 § 11; 1961 c 37 § 4; 1959 c 282 § 18.] 21.20.180 Findings—Construction—1994 c 256: See RCW 43.320.007. 21.20.190 Time of taking effect of registration statement by coordination—Conditions—"Price amendment", notification. A registration statement by coordina21.20.190 [Title 21 RCW—page 9] 21.20.200 Title 21 RCW: Securities and Investments tion under RCW 21.20.180 automatically becomes effective at the moment the federal registration statement or other filing becomes effective if all the following conditions are satisfied: (1) No stop order is in effect and no proceeding is pending under RCW 21.20.280 and 21.20.300; (2) The registration statement has been on file with the director for at least ten full business days; and (3) A statement of the maximum and minimum proposed offering prices and the maximum underwriting discounts and commissions has been on file for two full business days or such shorter period as the director permits by rule or otherwise and the offering is made within those limitations. The registrant shall promptly notify the director or such person as the director may by rule or order designate by facsimile, electronic transmission, or telegram of the date and time when the federal registration statement or other filing became effective and the content of the price amendment, if any, and shall promptly file a post-effective amendment containing the information and documents in the price amendment. "Price amendment" means the final federal amendment which includes a statement of the offering price, underwriting and selling discounts or commissions, amount of proceeds, conversion rates, call prices, and other matters dependent upon the offering price. [1994 c 256 § 14; 1961 c 37 § 5; 1959 c 282 § 19.] Findings—Construction—1994 c 256: See RCW 43.320.007. 21.20.200 21.20.200 Failure to notify of price amendment, proof of compliance—Stop order—Waiver of certain conditions. Upon failure to receive the required notification and post-effective amendment with respect to the price amendment referred to in RCW 21.20.190, the director may enter a stop order, without notice of hearing, retroactively denying effectiveness to the registration statement or suspending its effectiveness until compliance with RCW 21.20.190, if the director promptly notified the registrant by telephone, facsimile, or electronic transmission (and promptly confirms by letter or facsimile when the director notifies by telephone) of the issuance of the order. If the registrant proves compliance with the requirements as to notice and post-effective amendment, the stop order is void as of the time of its entry. The director may by rule or otherwise waive either or both of the conditions specified in RCW 21.20.190 (2) and (3). If the federal registration statement or other filing becomes effective before all these conditions are satisfied and they are not waived, the registration statement automatically becomes effective as soon as all the conditions are satisfied. If the registrant advises the director of the date when the federal registration statement or other filing is expected to become effective the director shall promptly advise the registrant by telephone, electronic transmission, or facsimile, at the registrant’s expense, whether all the conditions are satisfied and whether the director then contemplates the institution of a proceeding under RCW 21.20.280 and 21.20.300; but this advice by the director does not preclude the institution of such a proceeding at any time. [1994 c 256 § 15; 1979 ex.s. c 68 § 12; 1959 c 282 § 20.] Findings—Construction—1994 c 256: See RCW 43.320.007. [Title 21 RCW—page 10] REGISTRATION BY QUALIFICATION 21.20.210 Registration by qualification—Statements—Requirements—Audits. Any security may be registered by qualification. A registration statement under this section shall contain the following information and be accompanied by the following documents, in addition to payment of the registration fee prescribed in RCW 21.20.340, and, if required under RCW 21.20.330, a consent to service of process meeting the requirements of that section: (1) With respect to the issuer and any significant subsidiary: Its name, address, and form of organization; the state or foreign jurisdiction and date of its organization; the general character and location of its business; and a description of its physical properties and equipment. (2) With respect to every director and officer of the issuer, or person occupying a similar status or performing similar functions: His or her name, address, and principal occupation for the past five years; the amount of securities of the issuer held by him or her as of a specified date within ninety days of the filing of the registration statement; the remuneration paid to all such persons in the aggregate during the past twelve months, and estimated to be paid during the next twelve months, directly or indirectly, by the issuer (together with all predecessors, parents and subsidiaries). (3) With respect to any person not named in RCW 21.20.210(2), owning of record, or beneficially if known, ten percent or more of the outstanding shares of any class of equity security of the issuer: The information specified in RCW 21.20.210(2) other than his or her occupation. (4) With respect to every promoter, not named in RCW 21.20.210(2), if the issuer was organized within the past three years: The information specified in RCW 21.20.210(2), any amount paid to that person by the issuer within that period or intended to be paid to that person, and the consideration for any such payment. (5) The capitalization and long-term debt (on both a current and a pro forma basis) of the issuer and any significant subsidiary, including a description of each security outstanding or being registered or otherwise offered, and a statement of the amount and kind of consideration (whether in the form of cash, physical assets, services, patents, goodwill, or anything else) for which the issuer or any subsidiary has issued any of its securities within the past two years or is obligated to issue any of its securities. (6) The kind and amount of securities to be offered; the amount to be offered in this state; the proposed offering price and any variation therefrom at which any portion of the offering is to be made to any persons except as underwriting and selling discounts and commissions; the estimated aggregate underwriting and selling discounts or commissions and finders’ fees (including separately cash, securities, or anything else of value to accrue to the underwriters in connection with the offering); the estimated amounts of other selling expenses, and legal, engineering, and accounting expenses to be incurred by the issuer in connection with the offering; the name and address of every underwriter and every recipient of a finders’ fee; a copy of any underwriting or selling group agreement pursuant to which the distribution is to be made, or the proposed form of any such agreement whose terms have not yet been determined; and a description of the plan of dis21.20.210 (2008 Ed.) Securities Act of Washington tribution of any securities which are to be offered otherwise than through an underwriter. (7) The estimated cash proceeds to be received by the issuer from the offering; the purposes for which the proceeds are to be used by the issuer; the amount to be used for each purpose; the order or priority in which the proceeds will be used for the purposes stated; the amounts of any funds to be raised from other sources to achieve the purposes stated, and the sources of any such funds; and, if any part of the proceeds is to be used to acquire any property (including goodwill) otherwise than in the ordinary course of business, the names and addresses of the vendors and the purchase price. (8) A description of any stock options or other security options outstanding, or to be created in connection with the offering, together with the amount of any such options held or to be held by every person required to be named in RCW 21.20.210 (2), (3), (4), (5) or (7) and by any person who holds or will hold ten percent or more in the aggregate of any such options. (9) The states in which a registration statement or similar document in connection with the offering has been or is expected to be filed. (10) Any adverse order, judgment, or decree previously entered in connection with the offering by any court or the securities and exchange commission; a description of any pending litigation or proceeding to which the issuer is a party and which materially affects its business or assets (including any such litigation or proceeding known to be contemplated by governmental authorities). (11) A copy of any prospectus or circular intended as of the effective date to be used in connection with the offering. (12) A specimen or copy of the security being registered; a copy of the issuer’s articles of incorporation and bylaws, as currently in effect; and a copy of any indenture or other instrument covering the security to be registered. (13) A signed or conformed copy of an opinion of counsel, if available, as to the legality of the security being registered. (14)(a) The following financial statements: (i)(A) Balance sheets as of the end of each of the three most recent fiscal years; and, if the date of the most recent fiscal year end is more than four months prior to the date of filing, (B) a balance sheet of the issuer as of a date within four months prior to the filing of the registration statement. (ii)(A) Statements of income, shareholders’ equity, and cash flows for each of the three fiscal years preceding the date of the latest balance sheet or for the period of the issuer’s and any predecessor’s existence if less than three years and (B) statements of income, shareholders’ equity, and cash flows for any period between the close of the last fiscal year and the date of the latest balance sheet. (iii) If any part of the proceeds of the offering is to be applied to the purchase of any business whose annual sales or revenues are in excess of fifteen percent of the registrant’s sales or revenues or involves acquisition of assets in excess of fifteen percent of the registrant’s assets, except as specifically exempted by the director, financial statements shall be filed which would be required if that business were the registrant. (b)(i) If the estimated proceeds to be received from the offering, together with the proceeds from securities registered under this section during the year preceding the date of (2008 Ed.) 21.20.230 the filing of this registration statement, exceed one million dollars, the balance sheet specified in (a)(i)(A) of this subsection as of the end of the last fiscal year and the related financial statements specified in (a)(ii)(A) of this subsection for the last fiscal year shall be audited. (ii) If such proceeds exceed one million dollars but are not more than five million dollars, the balance sheet specified in (a)(i)(A) of this subsection as of the end of the most recent fiscal year and the financial statements specified in (a)(ii)(A) of this subsection for the last fiscal year shall be audited. (iii) If such proceeds exceed five million dollars but are not more than twenty-five million dollars, the balance sheets specified in (a)(i)(A) of this subsection as of the end of the last two fiscal years and the related financial statements specified in (a)(ii)(A) of this subsection for the last two fiscal years shall be audited. (iv) If such proceeds exceed twenty-five million dollars, the balance sheets specified in (a)(i)(A) of this subsection and the related financial statements specified in (a)(ii)(A) of this subsection for the last three fiscal years shall be audited. (c) The financial statements of this subsection and such other financial information as may be prescribed by the director shall be prepared as to form and content in accordance with generally accepted accounting principles and with the rules prescribed by the director, and when applicable, shall be audited by an independent certified public accountant who is registered and in good standing as a certified public accountant under the laws of the place of his or her residence or principal office and who is not an employee, officer, or member of the board of directors of the issuer or a holder of the securities of the issuer. An audit report of such independent certified public accountant shall be based upon an audit made in accordance with generally accepted auditing standards. The audit report shall have no limitations on its scope unless expressly authorized in writing by the director. The director may also verify such statements by examining the issuer’s books and records. (15) The written consent of any accountant, engineer, appraiser, attorney, or any person whose profession gives authority to a statement made by him or her, who is named as having prepared or audited any part of the registration statement or is named as having prepared or audited a report or valuation for use in connection with the registration statement. [1994 c 256 § 16; 1979 ex.s. c 68 § 13; 1973 1st ex.s. c 171 § 1; 1959 c 282 § 21.] Findings—Construction—1994 c 256: See RCW 43.320.007. Effective date—Construction—Severability—1973 1st ex.s. c 171: See RCW 21.20.800 and 21.20.805. 21.20.220 Information not required when nonissuer distribution. In the case of a nonissuer distribution, information may not be required under RCW 21.20.210 unless it is known to the person filing the registration statement or to the persons on whose behalf the distribution is to be made, or can be furnished by them without unreasonable effort or expense. [1959 c 282 § 22.] 21.20.220 21.20.230 Time of taking effect of registration statement by qualification—Conditions. A registration statement by qualification under RCW 21.20.210 becomes effective if no stop order is in effect and no proceeding is pending 21.20.230 [Title 21 RCW—page 11] 21.20.240 Title 21 RCW: Securities and Investments under RCW 21.20.280 and 21.20.300, at three o’clock Pacific standard time in the afternoon of the fifteenth full business day after the filing of the registration statement or the last amendment, or at such earlier time as the director determines. The director may require as a condition of registration under this section that a prospectus containing any information necessary for complete disclosure of any material fact relating to the security offering be sent or given to each person to whom an offer is made before or concurrently with (1) the first written offer made to him or her (other than by means of a public advertisement) by or for the account of the issuer or any other person on whose behalf the offering is being made, or by any underwriter or broker-dealer who is offering part of an unsold allotment or subscription taken by him or her as a participant in the distribution, (2) the confirmation of any sale made by or for the account of any such person, (3) payment pursuant to any such sale, or (4) delivery of the security pursuant to any such sale, whichever first occurs; but the director may accept for use under any such requirement a current prospectus or offering circular regarding the same securities filed under the Securities Act of 1933 or regulations thereunder. [1979 ex.s. c 68 § 14; 1975 1st ex.s. c 84 § 11; 1974 ex.s. c 77 § 4; 1961 c 37 § 6; 1959 c 282 § 23.] Effective date—1974 ex.s. c 77: See note following RCW 21.20.040. GENERAL PROVISIONS REGARDING REGISTRATION OF SECURITIES 21.20.240 Registration statements—Generally. A registration statement may be filed by the issuer, any other person on whose behalf the offering is to be made, or a registered broker-dealer. The director may by rule or otherwise permit the omission of any item of information or document from any registration statement. [1975 1st ex.s. c 84 § 12; 1959 c 282 § 24.] 21.20.240 21.20.250 Registration by qualification or coordination—Escrow—Impounding proceeds. The director may by rule or order require as a condition of registration by qualification or coordination (1) that any security issued within the past three years or to be issued to a promoter for a consideration substantially different from the public offering price, or to any person for a consideration other than cash, be deposited in escrow; and (2) that the proceeds from the sale of the registered security in this state be impounded until the issuer receives a specified amount from the sale of the security either in this state or elsewhere. The director may by rule or order determine the conditions of any escrow or impounding required hereunder but the director may not reject a depository solely because of location in another state. [1979 ex.s. c 68 § 15; 1959 c 282 § 25.] 21.20.250 21.20.260 Registration by coordination or qualification—Offer and sale—Duration of effectiveness. When securities are registered by coordination or qualification, they may be offered and sold by the issuer, any other person on whose behalf they are registered or by any registered brokerdealer or any person acting within the exemption provided in RCW 21.20.040. Every registration shall remain effective until its expiration date or until revoked by the director or 21.20.260 [Title 21 RCW—page 12] until terminated upon request of the registrant with the consent of the director. All outstanding securities of the same class as a registered security are considered to be registered for the purpose of any nonissuer transaction. [1975 1st ex.s. c 84 § 13; 1974 ex.s. c 77 § 5; 1959 c 282 § 26.] Effective date—1974 ex.s. c 77: See note following RCW 21.20.040. 21.20.270 21.20.270 Reports by filer of statement—Annual financial statements. (1) The director may require the person who filed the registration statement to file reports, not more often than quarterly to keep reasonably current the information contained in the registration statement and to disclose the progress of the offering with respect to registered securities which (a) are issued by a face-amount certificate company or a redeemable security issued by an open-end management company or unit investment trust as those terms are defined in the investment company act of 1940, or (b) are being offered and sold directly by or for the account of the issuer. (2) During the period of public offering of securities registered under the provisions of this chapter by qualification financial data or statements corresponding to those required under the provisions of RCW 21.20.210 and to the issuer’s fiscal year shall be filed with the director annually, not more than one hundred twenty days after the end of each such year. Such statements at the discretion of the director or administrator shall be certified by a certified public accountant who is not an employee of the issuer, and the director may verify them by examining the issuer’s books and records. The certificate of such independent certified public accountant shall be based upon an audit of not less in scope or procedures followed than that which independent public accountants would ordinarily make for the purpose of presenting comprehensive and dependable financial statements, and shall contain such information as the director may prescribe, by rules in the public interest or for the protection of investors, as to the nature and scope of the audit and the findings and opinions of the accountants. Each such report shall state that such independent certified public accountant has verified securities owned, either by actual examination, or by receipt of a certificate from the custodian, as the director may prescribe by rules. [1995 c 46 § 3; 1975 1st ex.s. c 84 § 14; 1965 c 17 § 3; 1961 c 37 § 7; 1959 c 282 § 27.] 21.20.275 21.20.275 Pending registration—Notice of termination—Application for continuation. The director may in his or her discretion send notice to the registrant in any pending registration in which no action has been taken for nine months immediately prior to the sending of such notice, advising such registrant that the pending registration will be terminated thirty days from the date of sending unless on or before the termination date the registrant makes application in writing to the director showing good cause why it should be continued as a pending registration. If such application is not made or good cause shown, the director shall terminate the pending registration. [1994 c 256 § 17; 1979 ex.s. c 68 § 16; 1974 ex.s. c 77 § 12.] Findings—Construction—1994 c 256: See RCW 43.320.007. Effective date—1974 ex.s. c 77: See note following RCW 21.20.040. (2008 Ed.) Securities Act of Washington DENIAL, SUSPENSION AND REVOCATION OF REGISTRATION OF SECURITIES 21.20.280 Stop orders—Grounds. The director may issue a stop order denying effectiveness to, or suspending or revoking the effectiveness of, any registration statement if the director finds that the order is in the public interest and that: (1) The registration statement as of its effective date or as of any earlier date in the case of an order denying effectiveness, is incomplete in any material respect or contains any statement which was, in the light of the circumstances under which it was made, false or misleading with respect to any material fact; (2) Any provision of this chapter or any rule, order, or condition lawfully imposed under this chapter has been wilfully violated, in connection with the offering by (a) the person filing the registration statement, (b) the issuer, any partner, officer, or director of the issuer, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling or controlled by the issuer, but only if the person filing the registration statement is directly or indirectly controlled by or acting for the issuer, or (c) any underwriter; (3) The security registered or sought to be registered is the subject of a permanent or temporary injunction of any court of competent jurisdiction entered under any other federal or state act applicable to the offering; but (a) the director may not institute a proceeding against an effective registration statement under this clause more than one year from the date of the injunction relied on, and (b) the director may not enter an order under this clause on the basis of an injunction entered under any other state act unless that order or injunction was based on facts which would currently constitute a ground for a stop order under this section; (4) The issuer’s enterprise or method of business includes or would include activities which are illegal where performed; (5) The offering has worked or tended to work a fraud upon purchasers or would so operate; (6) When a security is sought to be registered by coordination, there has been a failure to comply with the undertaking required by RCW 21.20.180(7), or (7) The applicant or registrant has failed to pay the proper registration fee; but the director may enter only a denial order under this subsection and shall vacate any such order when the deficiency has been corrected; (8) The offering has been or would be made with unreasonable amounts of underwriters’ and sellers’ discounts, commissions, or compensation or promoters’ profits or participation, or unreasonable amounts or kinds of options. [1979 ex.s. c 68 § 17; 1975 1st ex.s. c 84 § 15; 1959 c 282 § 28.] 21.20.280 21.20.290 21.20.290 Stop order prohibited if facts known on effective date of statement. The director may not enter a stop order against an effective registration statement on the basis of a fact or transaction known to the director when the registration statement became effective. [1979 ex.s. c 68 § 18; 1959 c 282 § 29.] (2008 Ed.) 21.20.310 21.20.300 Notification of entry of stop order—Hearing—Findings, conclusions, modification, etc. Upon the entry of a stop order under any part of RCW 21.20.280, the director shall promptly notify the issuer of the securities and the applicant or registrant that the order has been entered and of the reasons therefor and that within fifteen days after the receipt of a written request the matter will be set down for hearing. If no hearing is requested within fifteen days and none is ordered by the director, the director shall enter written findings of fact and conclusions of law and the order will remain in effect until it is modified or vacated by the director. If a hearing is requested or ordered, the director, after notice of and opportunity for hearings to the issuer and to the applicant or registrant, shall enter written findings of fact and conclusions of law and may modify or vacate the order. The director may modify or vacate a stop order if the director finds that the conditions which prompted its entry have changed or that it is otherwise in the public interest to do so. [1979 ex.s. c 68 § 19; 1959 c 282 § 30.] 21.20.300 EXEMPT SECURITIES 21.20.310 Securities exempt from registration. RCW 21.20.140 through 21.20.300, inclusive, and 21.20.327 do not apply to any of the following securities: (1) Any security (including a revenue obligation) issued or guaranteed by the United States, any state, any political subdivision of a state, or any agency or corporate or other instrumentality of one or more of the foregoing; or any certificate of deposit for any of the foregoing; but this exemption does not include any security payable solely from revenues to be received from a nongovernmental industrial or commercial enterprise unless such payments are made or unconditionally guaranteed by a person whose securities are exempt from registration by subsection (7) or (8) of this section: PROVIDED, That the director, by rule or order, may exempt any security payable solely from revenues to be received from a nongovernmental industrial or commercial enterprise if the director finds that registration with respect to such securities is not necessary in the public interest and for the protection of investors. (2) Any security issued or guaranteed by Canada, any Canadian province, any political subdivision of any such province, any agency or corporate or other instrumentality of one or more of the foregoing, or any other foreign government with which the United States currently maintains diplomatic relations, if the security is recognized as a valid obligation by the issuer or guarantor; but this exemption does not include any security payable solely from revenues to be received from a nongovernmental industrial or commercial enterprise unless such payments shall be made or unconditionally guaranteed by a person whose securities are exempt from registration by subsection (7) or (8) of this section. (3) Any security issued by and representing an interest in or a debt of, or guaranteed by, any bank organized under the laws of the United States, or any bank or trust company organized or supervised under the laws of any state. (4) Any security issued by and representing an interest in or a debt of, or guaranteed by, any federal savings and loan association, or any building and loan or similar association 21.20.310 [Title 21 RCW—page 13] 21.20.320 Title 21 RCW: Securities and Investments organized under the laws of any state and authorized to do business in this state. (5) Any security issued by and representing an interest in or a debt of, or insured or guaranteed by, any insurance company authorized to do business in this state. (6) Any security issued or guaranteed by any federal credit union or any credit union, industrial loan association, or similar association organized and supervised under the laws of this state. (7) Any security issued or guaranteed by any railroad, other common carrier, public utility, or holding company which is (a) a registered holding company under the public utility holding company act of 1935 or a subsidiary of such a company within the meaning of that act; (b) regulated in respect of its rates and charges by a governmental authority of the United States or any state or municipality; or (c) regulated in respect of the issuance or guarantee of the security by a governmental authority of the United States, any state, Canada, or any Canadian province; and equipment trust certificates in respect of equipment conditionally sold or leased to a railroad or public utility, if other securities issued by such railroad or public utility would be exempt under this subsection. (8) Any security which meets the criteria for investment grade securities that the director may adopt by rule. (9) Any prime quality negotiable commercial paper not intended to be marketed to the general public and not advertised for sale to the general public that is of a type eligible for discounting by federal reserve banks, that arises out of a current transaction or the proceeds of which have been or are to be used for a current transaction, and that evidences an obligation to pay cash within nine months of the date of issuance, exclusive of days of grace, or any renewal of such paper which is likewise limited, or any guarantee of such paper or of any such renewal. (10) Any security issued in connection with an employee’s stock purchase, savings, pension, profit-sharing, or similar benefit plan if: (a) The plan meets the requirements for qualification as a pension, profit sharing, or stock bonus plan under section 401 of the internal revenue code, as an incentive stock option plan under section 422 of the internal revenue code, as a nonqualified incentive stock option plan adopted with or as a supplement to an incentive stock option plan under section 422 of the internal revenue code, or as an employee stock purchase plan under section 423 of the internal revenue code; or (b) the director is notified in writing with a copy of the plan thirty days before offering the plan to employees in this state. In the event of late filing of notification the director may upon application, for good cause excuse such late filing if he or she finds it in the public interest to grant such relief. (11) Any security issued by any person organized and operated as a nonprofit organization as defined in RCW 84.36.800(4) exclusively for religious, educational, fraternal, or charitable purposes and which nonprofit organization also possesses a current tax exempt status under the laws of the United States, which security is offered or sold only to persons who, prior to their solicitation for the purchase of said securities, were members of, contributors to, or listed as participants in, the organization, or their relatives, if such nonprofit organization first files a notice specifying the terms of [Title 21 RCW—page 14] the offering and the director does not by order disallow the exemption within the next ten full business days: PROVIDED, That no offerings may be made until expiration of the ten full business days. Every such nonprofit organization which files a notice of exemption of such securities shall pay a filing fee as set forth in RCW 21.20.340(11) as now or hereafter amended. The notice shall consist of the following: (a) The name and address of the issuer; (b) The names, addresses, and telephone numbers of the current officers and directors of the issuer; (c) A short description of the security, price per security, and the number of securities to be offered; (d) A statement of the nature and purposes of the organization as a basis for the exemption under this section; (e) A statement of the proposed use of the proceeds of the sale of the security; and (f) A statement that the issuer shall provide to a prospective purchaser written information regarding the securities offered prior to consummation of any sale, which information shall include the following statements: (i) "ANY PROSPECTIVE PURCHASER IS ENTITLED TO REVIEW FINANCIAL STATEMENTS OF THE ISSUER WHICH SHALL BE FURNISHED UPON REQUEST."; (ii) "RECEIPT OF NOTICE OF EXEMPTION BY THE WASHINGTON ADMINISTRATOR OF SECURITIES DOES NOT SIGNIFY THAT THE ADMINISTRATOR HAS APPROVED OR RECOMMENDED THESE SECURITIES, NOR HAS THE ADMINISTRATOR PASSED UPON THE OFFERING. ANY REPRESENTATION TO THE CONTRARY IS A CRIMINAL OFFENSE."; and (iii) "THE RETURN OF THE FUNDS OF THE PURCHASER IS DEPENDENT UPON THE FINANCIAL CONDITION OF THE ORGANIZATION." (12) Any charitable gift annuities issued by a board of a state university, regional university, or of the state college. (13) Any charitable gift annuity issued by an insurer or institution holding a certificate of exemption under RCW 48.38.010. [2002 c 65 § 5; 1998 c 15 § 13; 1995 c 46 § 4; 1994 c 256 § 18; 1981 c 272 § 5; 1979 ex.s. c 68 § 20; 1979 c 130 § 4; 1979 c 8 § 1. Prior: 1977 ex.s. c 188 § 2; 1977 ex.s. c 172 § 1; 1975 1st ex.s. c 84 § 16; 1959 c 282 § 31.] Findings—Construction—1994 c 256: See RCW 43.320.007. Severability—1979 c 130: See note following RCW 28B.10.485. EXEMPT TRANSACTIONS 21.20.320 Exempt transactions. The following transactions are exempt from RCW 21.20.040 through 21.20.300 and 21.20.327 except as expressly provided: (1) Any isolated transaction, or sales not involving a public offering, whether effected through a broker-dealer or not; or any transaction effected in accordance with any rule by the director establishing a nonpublic offering exemption pursuant to this subsection where registration is not necessary or appropriate in the public interest or for the protection of investors. (2) Any nonissuer transaction by a registered salesperson of a registered broker-dealer, and any resale transaction by a sponsor of a unit investment trust registered under the Invest21.20.320 (2008 Ed.) Securities Act of Washington ment Company Act of 1940 pursuant to any rule adopted by the director. (3) Any nonissuer transaction effected by or through a registered broker-dealer pursuant to an unsolicited order or offer to buy; but the director may by rule require that the customer acknowledge upon a specified form that the sale was unsolicited, and that a signed copy of each such form be preserved by the broker-dealer for a specified period. (4) Any transaction between the issuer or other person on whose behalf the offering is made and an underwriter, or among underwriters. (5) Any transaction in a bond or other evidence of indebtedness secured by a real or chattel mortgage or deed of trust, or by an agreement for the sale of real estate or chattels, if the entire mortgage, deed of trust, or agreement, together with all the bonds or other evidences of indebtedness secured thereby, is offered and sold as a unit. A bond or other evidence of indebtedness is not offered and sold as a unit if the transaction involves: (a) A partial interest in one or more bonds or other evidences of indebtedness secured by a real or chattel mortgage or deed of trust, or by an agreement for the sale of real estate or chattels; or (b) One of multiple bonds or other evidences of indebtedness secured by one or more real or chattel mortgages or deeds of trust, or agreements for the sale of real estate or chattels, sold to more than one purchaser as part of a single plan of financing; or (c) A security including an investment contract other than the bond or other evidence of indebtedness. (6) Any transaction by an executor, administrator, sheriff, marshal, receiver, trustee in bankruptcy, guardian, or conservator. (7) Any transaction executed by a bona fide pledgee without any purpose of evading this chapter. (8) Any offer or sale to a bank, savings institution, trust company, insurance company, investment company as defined in the Investment Company Act of 1940, pension or profit-sharing trust, or other financial institution or institutional buyer, or to a broker-dealer, whether the purchaser is acting for itself or in some fiduciary capacity. (9) Any transaction effected in accordance with the terms and conditions of any rule adopted by the director if: (a) The aggregate offering amount does not exceed five million dollars; and (b) The director finds that registration is not necessary in the public interest and for the protection of investors. (10) Any offer or sale of a preorganization certificate or subscription if (a) no commission or other remuneration is paid or given directly or indirectly for soliciting any prospective subscriber, (b) the number of subscribers does not exceed ten, and (c) no payment is made by any subscriber. (11) Any transaction pursuant to an offer to existing security holders of the issuer, including persons who at the time of the transaction are holders of convertible securities, nontransferable warrants, or transferable warrants exercisable within not more than ninety days of their issuance, if (a) no commission or other remuneration (other than a standby commission) is paid or given directly or indirectly for soliciting any security holder in this state, or (b) the issuer first files a notice specifying the terms of the offer and the director does (2008 Ed.) 21.20.320 not by order disallow the exemption within the next five full business days. (12) Any offer (but not a sale) of a security for which registration statements have been filed under both this chapter and the Securities Act of 1933 if no stop order or refusal order is in effect and no public proceeding or examination looking toward such an order is pending under either act. (13) The issuance of any stock dividend, whether the corporation distributing the dividend is the issuer of the stock or not, if nothing of value is given by stockholders for the distribution other than the surrender of a right to a cash dividend where the stockholder can elect to take a dividend in cash or stock. (14) Any transaction incident to a right of conversion or a statutory or judicially approved reclassification, recapitalization, reorganization, quasi reorganization, stock split, reverse stock split, merger, consolidation, or sale of assets. (15) The offer or sale by a registered broker-dealer, or a person exempted from the registration requirements pursuant to RCW 21.20.040, acting either as principal or agent, of securities previously sold and distributed to the public: PROVIDED, That: (a) Such securities are sold at prices reasonably related to the current market price thereof at the time of sale, and, if such broker-dealer is acting as agent, the commission collected by such broker-dealer on account of the sale thereof is not in excess of usual and customary commissions collected with respect to securities and transactions having comparable characteristics; (b) Such securities do not constitute the whole or a part of an unsold allotment to or subscription or participation by such broker-dealer as an underwriter of such securities or as a participant in the distribution of such securities by the issuer, by an underwriter or by a person or group of persons in substantial control of the issuer or of the outstanding securities of the class being distributed; and (c) The security has been lawfully sold and distributed in this state or any other state of the United States under this or any act regulating the sale of such securities. (16) Any transaction by a mutual or cooperative association meeting the requirements of (a) and (b) of this subsection: (a) The transaction: (i) Does not involve advertising or public solicitation; or (ii) Involves advertising or public solicitation, and: (A) The association first files a notice of claim of exemption on a form prescribed by the director specifying the terms of the offer and the director does not by order deny the exemption within the next ten full business days; or (B) The association is an employee cooperative and identifies itself as an employee cooperative in advertising or public solicitation. (b) The transaction involves an instrument or interest, that: (i)(A) Qualifies its holder to be a member or patron of the association; (B) Represents a contribution of capital to the association by a person who is or intends to become a member or patron of the association; (C) Represents a patronage dividend or other patronage allocation; or [Title 21 RCW—page 15] 21.20.325 Title 21 RCW: Securities and Investments (D) Represents the terms or conditions by which a member or patron purchases, sells, or markets products, commodities, or services from, to, or through the association; and (ii) Is nontransferable except in the case of death, operation of law, bona fide transfer for security purposes only to the association, a bank, or other financial institution, intrafamily transfer, transfer to an existing member or person who will become a member, or transfer by gift to any person organized and operated as a nonprofit organization as defined in RCW 84.36.800(4) that also possesses a current tax exempt status under the laws of the United States, and, in the case of an instrument, so states conspicuously on its face. (17) Any transaction effected in accordance with any rule adopted by the director establishing a limited offering exemption which furthers objectives of compatibility with federal exemptions and uniformity among the states, provided that in adopting any such rule the director may require that no commission or other remuneration be paid or given to any person, directly or indirectly, for effecting sales unless the person is registered under this chapter as a broker-dealer or salesperson. [2006 c 220 § 1; 1998 c 15 § 14; 1989 c 307 § 34. Prior: 1987 c 457 § 13; 1987 c 421 § 9; 1986 c 90 § 1; 1981 c 272 § 6; 1979 ex.s. c 68 § 21; 1977 ex.s. c 172 § 2; 1975 1st ex.s. c 84 § 17; 1974 ex.s. c 77 § 6; 1972 ex.s. c 79 § 1; 1961 c 37 § 8; 1959 c 282 § 32.] Legislative finding—1989 c 307: See note following RCW 23.86.007. Application—1989 c 307: See RCW 23.86.900. Severability—1987 c 457: See RCW 23.78.902. Application—Severability—1987 c 421: See notes following RCW 21.20.705. Effective date—1986 c 90: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1986." [1986 c 90 § 3.] Effective date—1974 ex.s. c 77: See note following RCW 21.20.040. EXEMPT SECURITIES AND TRANSACTIONS 21.20.325 Denial, revocation, condition, of exemptions—Authority—Procedure. The director or administrator may by order deny, revoke, or condition any exemption specified in subsections (10), (11), (12) or (13) of RCW 21.20.310 or in RCW 21.20.320, as now or hereafter amended, with respect to a specific security or transaction. No such order may be entered without appropriate prior notice to all interested parties, opportunity for hearing, and written findings of fact and conclusions of law, except that the director or administrator may by order summarily deny, revoke, or condition any of the specified exemptions pending final determination of any proceeding under this section. Upon the entry of a summary order, the director or administrator shall promptly notify all interested parties that it has been entered and of the reasons therefor and that within fifteen days of the receipt of a written request the matter will be set down for hearing. If no hearing is requested and none is ordered by the director or administrator, the order will remain in effect until it is modified or vacated by the director or administrator. If a hearing is requested or ordered, the director or administrator, after notice of and opportunity for hearing to all interested persons, may modify or vacate the order or extend it until final determination. No order under this sec21.20.325 [Title 21 RCW—page 16] tion may operate retroactively. No person may be considered to have violated RCW 21.20.140 as now or hereafter amended by reason of any offer or sale effected after the entry of an order under this section if he or she sustains the burden of proof that he or she did not know, and in the exercise of reasonable care could not have known, of the order. [1979 ex.s. c 68 § 22; 1979 c 130 § 14; 1977 ex.s. c 188 § 3; 1975 1st ex.s. c 84 § 18; 1974 ex.s. c 77 § 7; 1967 c 199 § 3.] Severability—1979 c 130: See note following RCW 28B.10.485. FEDERAL COVERED SECURITY 21.20.327 Required filings—Consent to service— Failure to comply—Rules—Fees. (1) The director, by rule or otherwise, may require the filing of any or all of the following documents and the payment of the following fees with respect to a federal covered security under section 18(b)(2) of the Securities Act of 1933: (a) Prior to the initial offer of such a federal covered security in this state, all documents that are part of the current federal registration statement filed with the U.S. securities and exchange commission under the Securities Act of 1933, together with a consent to service of process signed by the issuer and the fee prescribed by RCW 21.20.340; (b) After the initial offer of such a federal covered security in this state, all documents that are part of an amendment to a current federal registration statement filed with the U.S. securities and exchange commission under the Securities Act of 1933 and all fees prescribed by RCW 21.20.340; and (c) An annual or periodic report of the value of such federal covered securities offered in this state, together with the fee prescribed by RCW 21.20.340. (2) With respect to any security that is a federal covered security under section 18(b)(4)(D) of the Securities Act of 1933, the director, by rule or otherwise, may require the issuer to file a notice on SEC Form D, together with a consent to service of process signed by the issuer and the fee prescribed pursuant to RCW 21.20.340, no later than fifteen days after the first sale of such a federal covered security in this state. (3) The director, by rule or otherwise, may require the filing of any document filed with the U.S. securities and exchange commission under the Securities Act of 1933, with respect to a federal covered security under section 18(b)(3) or (4) of the Securities Act of 1933 and/or the payment of the fee prescribed pursuant to RCW 21.20.340. (4) The director may issue a stop order suspending the offer and sale of a federal covered security, except a federal covered security under section 18(b)(1) of the Securities Act of 1933, if the director finds that there is a failure to comply with any requirement established under this section. (5) The director, by rule or otherwise, may waive any or all of the provisions of this section. [1998 c 15 § 12.] 21.20.327 CONSENT TO SERVICE OF PROCESS 21.20.330 Consent to service of process—Service, how made. Every applicant for registration as a brokerdealer, investment adviser, investment adviser representative, or salesperson under this chapter, every issuer that files an application to register or files a claim of exemption from 21.20.330 (2008 Ed.) Securities Act of Washington registration to offer a security in this state through any person acting on an agency basis in the common law sense, and every person filing pursuant to RCW 21.20.050 or 21.20.327 shall file with the director or with such person as the director may by rule or order designate, in such form as the director by rule prescribes, an irrevocable consent appointing the director or the director’s successor in office to be the attorney of the applicant to receive service of any lawful process in any noncriminal suit, action, or proceeding against the applicant or the applicant’s successor, executor or administrator which arises under this chapter or any rule or order hereunder after the consent has been filed, with the same force and validity as if served personally on the person filing the consent. A person who has filed such a consent in connection with a previous registration, or notice filing pursuant to RCW 21.20.050 or 21.20.327, need not file another. Service may be made by leaving a copy of the process in the office of the director, but it is not effective unless (1) the plaintiff, who may be the director in a suit, action, or proceeding instituted by him or her, forthwith sends notice of the service and a copy of the process by registered mail to the defendant or respondent at the last address of the respondent or defendant on file with the director, and (2) the plaintiff’s affidavit of compliance with this section is filed in the case on or before the return day of the process, if any, or within such further time as the court allows. [1998 c 15 § 15; 1994 c 256 § 19; 1979 ex.s. c 68 § 23; 1975 1st ex.s. c 84 § 19; 1959 c 282 § 33.] Findings—Construction—1994 c 256: See RCW 43.320.007. FEES 21.20.340 Fees—Disposition. The following fees shall be paid in advance under the provisions of this chapter: (1)(a) For registration of securities by qualification, the fee shall be one hundred dollars for the first one hundred thousand dollars of initial issue, or portion thereof in this state, based on offering price, plus one-twentieth of one percent for any excess over one hundred thousand dollars which are to be offered during that year: PROVIDED, HOWEVER, That an issuer may upon the payment of a fifty-dollar fee renew for one additional twelve-month period only the unsold portion for which the registration fee has been paid. (b) For the offer of a federal covered security that (i) is an exempt security pursuant to section 3(2) of the Securities Act of 1933, and (ii) would not qualify for the exemption or a discretionary order of exemption pursuant to RCW 21.20.310(1), the fee shall be one hundred dollars for the first one hundred thousand dollars of initial issue, or portion thereof in this state, based on offering price, plus one-twentieth of one percent for any excess over one hundred thousand dollars which are to be offered during that year: PROVIDED, HOWEVER, That an issuer may upon the payment of a fifty-dollar fee renew for one additional twelve-month period only the unsold portion for which the filing fee has been paid. (2)(a) For registration by coordination of securities issued by an investment company, other than a closed-end company, as those terms are defined in the Investment Company Act of 1940, the fee shall be one hundred dollars for the first one hundred thousand dollars of initial issue, or portion 21.20.340 (2008 Ed.) 21.20.340 thereof in this state, based on offering price, plus one-twentieth of one percent for any excess over one hundred thousand dollars which are to be offered in this state during that year: PROVIDED, HOWEVER, That an issuer may upon the payment of a fifty-dollar fee renew for one additional twelvemonth period the unsold portion for which the registration fee has been paid. (b) For each offering by an investment company, other than a closed-end company, as those terms are defined in the Investment Company Act of 1940, making a notice filing pursuant to RCW 21.20.327(1), the initial filing fee shall be one hundred dollars for the first one hundred thousand dollars of initial issue, or portion thereof in this state, based on offering price, plus one-twentieth of one percent for any excess over one hundred thousand dollars which are to be offered in this state during that year. The amount offered in this state during the year may be increased by paying one-twentieth of one percent of the desired increase, based on offering price, prior to the sale of securities to be covered by the fee: PROVIDED, HOWEVER, That an issuer may upon the payment of a fifty-dollar fee renew for one additional twelve-month period the unsold portion for which the filing fee has been paid. (3)(a) For registration by coordination of securities not covered by subsection (2) of this section, the initial filing fee shall be one hundred dollars for the first one hundred thousand dollars of initial issue, or portion thereof in this state, based on offering price, plus one-fortieth of one percent for any excess over one hundred thousand dollars for the first twelve-month period plus one hundred dollars for each additional twelve months in which the same offering is continued. The amount offered in this state during the year may be increased by paying one-fortieth of one percent of the desired increase, based on offering price, prior to the sale of securities to be covered by the fee. (b) For each offering by a closed-end investment company, making a notice filing pursuant to RCW 21.20.327(1), the initial filing fee shall be one hundred dollars for the first one hundred thousand dollars of initial issue, or portion thereof in this state, based on offering price, plus one-fortieth of one percent for any excess over one hundred thousand dollars for the first twelve-month period plus one hundred dollars for each additional twelve months in which the same offering is continued. The amount offered in this state during the year may be increased by paying one-fortieth of one percent of the desired increase, based on offering price, prior to the sale of securities to be covered by the fee. (4) For filing annual financial statements, the fee shall be twenty-five dollars. (5)(a) For filing an amended offering circular after the initial registration permit has been granted or pursuant to RCW 21.20.327(1)(b), the fee shall be ten dollars. (b) For filing a report under RCW 21.20.270(1) or 21.20.327(1)(c), the fee shall be ten dollars. (6)(a) For registration of a broker-dealer or investment adviser, the fee shall be one hundred fifty dollars for original registration and seventy-five dollars for each annual renewal. When an application is denied or withdrawn the director shall retain one-half of the fee. (b) For a federal covered adviser filing pursuant to RCW 21.20.050, the fee shall be one hundred fifty dollars for orig[Title 21 RCW—page 17] 21.20.350 Title 21 RCW: Securities and Investments inal notification and seventy-five dollars for each annual renewal. A fee shall not be assessed in connection with converting an investment adviser registration to a notice filing when the investment adviser becomes a federal covered adviser. (7) For registration of a salesperson or investment adviser representative, the fee shall be forty dollars for original registration with each employer and twenty dollars for each annual renewal. When an application is denied or withdrawn the director shall retain one-half of the fee. (8) If a registration, or filing pursuant to RCW 21.20.050, of a broker-dealer, salesperson, investment adviser, federal covered adviser, or investment adviser representative is not renewed on or before December 31st of each year the renewal is delinquent. The director by rule or order may set and assess a fee for delinquency not to exceed two hundred dollars. Acceptance by the director of an application for renewal after December 31st is not a waiver of delinquency. A delinquent application for renewal will not be accepted for filing after March 1st. (9)(a) For the transfer of a broker-dealer license to a successor, the fee shall be fifty dollars. (b) For the transfer of a salesperson license from a broker-dealer or issuer to another broker-dealer or issuer, the transfer fee shall be twenty-five dollars. (c) For the transfer of an investment adviser representative license from an investment adviser to another investment adviser, the transfer fee shall be twenty-five dollars. (d) For the transfer of an investment adviser license to a successor, the fee shall be fifty dollars. (10)(a) The director may provide by rule for the filing of notice of claim of exemption under RCW 21.20.320 (1), (9), and (17) and set fees accordingly not to exceed three hundred dollars. (b) For the filing required by RCW 21.20.327(2), the fee shall be three hundred dollars. (11) For filing of notification of claim of exemption from registration pursuant to RCW 21.20.310(11), as now or hereafter amended, the fee shall be fifty dollars for each filing. (12) For rendering interpretative opinions, the fee shall be thirty-five dollars. (13) For certified copies of any documents filed with the director, the fee shall be the cost to the department. (14) For a duplicate license the fee shall be five dollars. All fees collected under this chapter shall be turned in to the state treasury and are not refundable, except as herein provided. [1998 c 15 § 16; 1995 c 46 § 5; 1994 c 256 § 20; 1988 c 244 § 17; 1986 c 90 § 2; 1981 c 272 § 7; 1979 ex.s. c 68 § 24. Prior: 1977 ex.s. c 188 § 4; 1977 ex.s. c 172 § 3; 1975 1st ex.s. c 84 § 20; 1974 ex.s. c 77 § 8; 1965 c 17 § 4; 1961 c 37 § 9; 1959 c 282 § 34.] Findings—Construction—1994 c 256: See RCW 43.320.007. Severability—Effective date—Implementation—Application— 1988 c 244: See notes following RCW 21.20.700. Effective date—1986 c 90: See note following RCW 21.20.320. Effective date—1974 ex.s. c 77: See note following RCW 21.20.040. Effective date—1965 c 17 § 4: "Section 4 of this amendatory act shall take effect July 1, 1965." [1965 c 17 § 6.] [Title 21 RCW—page 18] MISLEADING FILINGS 21.20.350 False or misleading statements in filed documents. It is unlawful for any person to make or cause to be made, in any document filed with the director or in any proceeding under this chapter, any statement which is, at the time and in the light of the circumstances under which it is made, false or misleading in any material respect. [1959 c 282 § 35.] 21.20.350 UNLAWFUL REPRESENTATIONS CONCERNING REGISTRATION OR EXEMPTION 21.20.360 Filing, registration, statement, exemption not conclusive as to truth or completeness—Unlawful representations. Neither the fact that an application for registration under RCW 21.20.050, a registration statement under RCW 21.20.180 or 21.20.210 has been filed, nor the fact that a person or security if [is] effectively registered, constitutes a finding by the director that any document filed under this chapter is true, complete, and not misleading. Neither any such fact nor the fact that an exemption or exception is available for a security or a transaction means that the director has passed in any way upon the merits of [or] qualifications of, or recommended or given approval to, any person, security, or transaction. It is unlawful to make, or cause to be made, to any prospective purchaser, customer, or client any representation inconsistent with this section. [1975 1st ex.s. c 84 § 21; 1959 c 282 § 36.] 21.20.360 INVESTIGATIONS AND SUBPOENAS 21.20.370 Investigations—Statement of facts relating to investigation may be permitted—Publication of information—Use of criminal history record information. (1) The director in his or her discretion (a) may annually, or more frequently, make such public or private investigations within or without this state as the director deems necessary to determine whether any registration should be granted, denied or revoked or whether any person has violated, is violating, or is about to violate any provision of this chapter or any rule or order under this chapter, or to aid in the enforcement of this chapter or in the adoption of rules and forms under this chapter, (b) may engage in the detection and identification of criminal activities subject to this chapter, (c) may require or permit any person to testify or to file a statement in writing, under oath or otherwise as the director may determine, as to all the facts and circumstances concerning the matter to be investigated, and (d) may publish information concerning a proceeding, an investigation, or any violation of this chapter or any rule or order under this chapter, if the director determines it is necessary or appropriate in the public interest or for the protection of investors. (2) The enforcement unit of the securities division of the department of financial institutions may be authorized to receive criminal history record information in connection with the investigation of criminal activities subject to this chapter. [2002 c 65 § 6; 1998 c 15 § 17; 1994 c 256 § 21; 1979 ex.s. c 68 § 25; 1973 1st ex.s. c 171 § 2; 1959 c 282 § 37.] 21.20.370 (2008 Ed.) Securities Act of Washington Findings—Construction—1994 c 256: See RCW 43.320.007. Effective date—Construction—Severability—1973 1st ex.s. c 171: See RCW 21.20.800 and 21.20.805. Investigations, additional authority, scope: RCW 21.20.700. 21.20.380 Oaths—Subpoenas—Assisting another state—Compelling obedience—Punishment. (1) For the purpose of any investigation or proceeding under this chapter, the director or any officer designated by the director may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director deems relevant or material to the inquiry. (2) If the activities constituting an alleged violation for which the information is sought would be a violation of this chapter had the activities occurred in this state, the director may issue and apply to enforce subpoenas in this state at the request of a securities agency or administrator of another state. (3) A subpoena issued to a financial institution under this section may, if the director finds it necessary or appropriate in the public interest or for the protection of investors, include a directive that the financial institution subpoenaed shall not disclose to third parties that are not affiliated with the financial institution, other than to the institution’s legal counsel, the existence or content of the subpoena. (4) In case of disobedience on the part of any person to comply with any subpoena lawfully issued by the director, the refusal of any witness to testify to any matters regarding which the witness may be lawfully interrogated, or the failure to comply with a nondisclosure directive under subsection (3) of this section, a court of competent jurisdiction of any county or the judge thereof, on application of the director, and after satisfactory evidence of willful disobedience, may compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such a court on a refusal to testify therein. [2002 c 65 § 7; 1995 c 46 § 6; 1994 c 256 § 22; 1979 ex.s. c 68 § 26; 1975 1st ex.s. c 84 § 22; 1974 ex.s. c 77 § 9; 1959 c 282 § 38.] 21.20.380 Findings—Construction—1994 c 256: See RCW 43.320.007. Effective date—1974 ex.s. c 77: See note following RCW 21.20.040. INJUNCTIONS AND OTHER REMEDIES 21.20.390 Injunction, cease and desist order, restraining order, mandamus—Appointment of receiver or conservator for insolvent—Restitution or damages— Costs—Accounting. Whenever it appears to the director that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order hereunder, the director may in his or her discretion: (1) Issue an order directing the person to cease and desist from continuing the act or practice and to take appropriate affirmative action within a reasonable period of time, as prescribed by the director, to correct conditions resulting from the act or practice including, without limitation, a requirement to provide restitution. Reasonable notice of and opportunity for a hearing shall be given. The director may issue a summary order pending the hearing which shall remain in 21.20.390 (2008 Ed.) 21.20.395 effect until ten days after the hearing is held and which shall become final if the person to whom notice is addressed does not request a hearing within twenty days after the receipt of notice; or (2) The director may without issuing a cease and desist order, bring an action in any court of competent jurisdiction to enjoin any such acts or practices and to enforce compliance with this chapter or any rule or order adopted under this chapter. The court may grant such ancillary relief, including a civil penalty, restitution, and disgorgement, as it deems appropriate. Upon a proper showing a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted and a receiver or conservator may be appointed for the defendant or the defendant’s assets. The director may not be required to post a bond. If the director prevails, the director shall be entitled to a reasonable attorney’s fee to be fixed by the court. (3) Whenever it appears to the director that any person who has received a permit to issue, sell, or otherwise dispose of securities under this chapter, whether current or otherwise, has become insolvent, the director may petition a court of competent jurisdiction to appoint a receiver or conservator for the defendant or the defendant’s assets. The director may not be required to post a bond. (4) The director may bring an action for restitution or damages on behalf of the persons injured by a violation of this chapter, if the court finds that private civil action would be so burdensome or expensive as to be impractical. (5) In any action under this section, the director may charge the costs, fees, and other expenses incurred by the director in the conduct of any administrative investigation, hearing, or court proceeding against any person found to be in violation of any provision of this section or any rule or order adopted under this section. (6) In any action under subsection (1) of this section, the director may enter an order requiring an accounting, restitution, and disgorgement, including interest at the legal rate under *RCW 4.56.110(3). The director may by rule or order provide for payments to investors, interest rates, periods of accrual, and other matters the director deems appropriate to implement this subsection. [2003 c 288 § 5; 1995 c 46 § 7; 1994 c 256 § 23; 1981 c 272 § 8; 1979 ex.s. c 68 § 27; 1975 1st ex.s. c 84 § 23; 1974 ex.s. c 77 § 10; 1959 c 282 § 39.] *Reviser’s note: RCW 4.56.110 was amended by 2004 c 185 § 2, changing subsection (3) to subsection (4). Findings—Construction—1994 c 256: See RCW 43.320.007. Effective date—1974 ex.s. c 77: See note following RCW 21.20.040. 21.20.395 Administrative action—Hearing—Judicial review—Judgment. (1) A person who, in an administrative action by the director, is found to have knowingly or recklessly violated any provision of this chapter, or any rule or order under this chapter, may be fined, after notice and opportunity for hearing, in an amount not to exceed ten thousand dollars for each violation. (2) A person who, in an administrative action by the director, is found to have knowingly or recklessly violated an administrative order issued under RCW 21.20.110 or 21.20.390 shall pay an administrative fine in an amount not to exceed twenty-five thousand dollars for each violation. 21.20.395 [Title 21 RCW—page 19] 21.20.400 Title 21 RCW: Securities and Investments (3) The fines paid under subsections (1) and (2) of this section shall be deposited into the securities prosecution fund. (4) If a petition for judicial review has not been timely filed under RCW 34.05.542(2), a certified copy of the director’s order requiring payment of the fine may be filed in the office of the clerk of the superior court in any county of this state. The clerk shall treat the order of the director in the same manner as a judgment of the superior court. The director’s order so filed has the same effect as a judgment of the superior court and may be recorded, enforced, or satisfied in like manner. [2003 c 288 § 6; 1998 c 15 § 18.] CRIMINAL LIABILITIES 21.20.400 21.20.400 Penalty for violation of chapter—Limitation of actions (as amended by 2003 c 288). (1) Any person who willfully violates any provision of this chapter except RCW 21.20.350, or who willfully violates any rule or order under this chapter, or who willfully violates RCW 21.20.350 knowing the statement made to be false or misleading in any material respect, ((shall upon conviction be fined not more than five thousand dollars or imprisoned not more than ten years, or both; but no)) is guilty of a class B felony punishable under RCW 9A.20.021(1)(b). However, a person may not be imprisoned for the violation of any rule or order if that person proves that he or she had no knowledge of the rule or order. (2) Any person who knowingly alters, destroys, shreds, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding under this chapter, is guilty of a class B felony punishable under RCW 9A.20.021(1)(b) or punishable by a fine of not more than five hundred thousand dollars, or both. The fines paid under this subsection shall be deposited into the securities prosecution fund. (3) No indictment or information may be returned under this chapter more than (a) five years after the ((alleged)) violation, or (b) three years after the actual discovery of the violation, whichever date of limitation is later. [2003 c 288 § 3; 1979 ex.s. c 68 § 28; 1965 c 17 § 5; 1959 c 282 § 40.] 21.20.400 21.20.400 Penalty for violation of chapter—Limitation of actions (as amended by 2003 c 53). Any person who willfully violates any provision of this chapter except RCW 21.20.350, or who willfully violates any rule or order under this chapter, or who willfully violates RCW 21.20.350 knowing the statement made to be false or misleading in any material respect, is guilty of a class B felony and shall upon conviction be fined not more than five thousand dollars or imprisoned not more than ten years, or both; but no person may be imprisoned for the violation of any rule or order if that person proves that he or she had no knowledge of the rule or order. No indictment or information may be returned under this chapter more than five years after the alleged violation. [2003 c 53 § 163; 1979 ex.s. c 68 § 28; 1965 c 17 § 5; 1959 c 282 § 40.] Reviser’s note: RCW 21.20.400 was amended twice during the 2003 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025. Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 21.20.410 Attorney general, prosecuting attorney may institute criminal proceeding—Referral of evidence by director. (1) The director may refer such evidence as may be available concerning violations of this chapter or of any rule or order hereunder to the attorney general or the proper prosecuting attorney, who may in his or her discretion, with or without such a reference, institute the appropriate criminal proceedings under this chapter. (2) The director may render such assistance as the prosecuting attorney requests regarding a reference. [1998 c 15 § 19; 1979 ex.s. c 68 § 29; 1959 c 282 § 41.] 21.20.410 [Title 21 RCW—page 20] 21.20.420 Criminal punishment, chapter not exclusive. Nothing in this chapter limits the power of the state to punish any person for any conduct which constitutes a crime by statute or at common law. [1959 c 282 § 42.] 21.20.420 CIVIL LIABILITIES 21.20.430 Civil liabilities—Survival, limitation of actions—Waiver of chapter void—Scienter. (1) Any person, who offers or sells a security in violation of any provisions of RCW 21.20.010, 21.20.140 (1) or (2), or 21.20.180 through 21.20.230, is liable to the person buying the security from him or her, who may sue either at law or in equity to recover the consideration paid for the security, together with interest at eight percent per annum from the date of payment, costs, and reasonable attorneys’ fees, less the amount of any income received on the security, upon the tender of the security, or for damages if he or she no longer owns the security. Damages are the amount that would be recoverable upon a tender less (a) the value of the security when the buyer disposed of it and (b) interest at eight percent per annum from the date of disposition. (2) Any person who buys a security in violation of the provisions of RCW 21.20.010 is liable to the person selling the security to him or her, who may sue either at law or in equity to recover the security, together with any income received on the security, upon tender of the consideration received, costs, and reasonable attorneys’ fees, or if the security cannot be recovered, for damages. Damages are the value of the security when the buyer disposed of it, and any income received on the security, less the consideration received for the security, plus interest at eight percent per annum from the date of disposition, costs, and reasonable attorneys’ fees. (3) Every person who directly or indirectly controls a seller or buyer liable under subsection (1) or (2) above, every partner, officer, director or person who occupies a similar status or performs a similar function of such seller or buyer, every employee of such a seller or buyer who materially aids in the transaction, and every broker-dealer, salesperson, or person exempt under the provisions of RCW 21.20.040 who materially aids in the transaction is also liable jointly and severally with and to the same extent as the seller or buyer, unless such person sustains the burden of proof that he or she did not know, and in the exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist. There is contribution as in cases of contract among the several persons so liable. (4)(a) Every cause of action under this statute survives the death of any person who might have been a plaintiff or defendant. (b) No person may sue under this section more than three years after the contract of sale for any violation of the provisions of RCW 21.20.140 (1) or (2) or 21.20.180 through 21.20.230, or more than three years after a violation of the provisions of RCW 21.20.010, either was discovered by such person or would have been discovered by him or her in the exercise of reasonable care. No person may sue under this section if the buyer or seller receives a written rescission offer, which has been passed upon by the director before suit and at a time when he or she owned the security, to refund the consideration paid together with interest at eight percent per 21.20.430 (2008 Ed.) Securities Act of Washington annum from the date of payment, less the amount of any income received on the security in the case of a buyer, or plus the amount of income received on the security in the case of a seller. (5) No person who has made or engaged in the performance of any contract in violation of any provision of this chapter or any rule or order hereunder, or who has acquired any purported right under any such contract with knowledge of the facts by reason of which its making or performance was in violation, may base any suit on the contract. Any condition, stipulation, or provision binding any person acquiring any security to waive compliance with any provision of this chapter or any rule or order hereunder is void. (6) Any tender specified in this section may be made at any time before entry of judgment. (7) Notwithstanding subsections (1) through (6) of this section, if an initial offer or sale of securities that are exempt from registration under RCW 21.20.310 is made by this state or its agencies, political subdivisions, municipal or quasimunicipal corporations, or other instrumentality of one or more of the foregoing and is in violation of RCW 21.20.010(2), and any such issuer, member of the governing body, committee member, public officer, director, employee, or agent of such issuer acting on its behalf, or person in control of such issuer, member of the governing body, committee member, public officer, director, employee, or agent of such person acting on its behalf, materially aids in the offer or sale, such person is liable to the purchaser of the security only if the purchaser establishes scienter on the part of the defendant. The word "employee" or the word "agent," as such words are used in this subsection, do not include a bond counsel or an underwriter. Under no circumstances whatsoever shall this subsection be applied to require purchasers to establish scienter on the part of bond counsels or underwriters. The provisions of this subsection are retroactive and apply to any action commenced but not final before July 27, 1985. In addition, the provisions of this subsection apply to any action commenced on or after July 27, 1985. [1998 c 15 § 20; 1986 c 304 § 1; 1985 c 171 § 1; 1981 c 272 § 9; 1979 ex.s. c 68 § 30; 1977 ex.s. c 172 § 4; 1975 1st ex.s. c 84 § 24; 1974 ex.s. c 77 § 11; 1967 c 199 § 2; 1959 c 282 § 43.] Severability—1986 c 304: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1986 c 304 § 2.] Effective date—1974 ex.s. c 77: See note following RCW 21.20.040. DISCONTINUANCE OF VIOLATIONS 21.20.435 Assurance of discontinuance of violations—Acceptance—Filing. In the enforcement of this chapter, the director may accept an assurance of discontinuance of violations of the provisions of this chapter from any person deemed by the director to be in violation hereof. Any such assurance shall be in writing, may state that the person giving such assurance does not admit to any violation of this chapter, and shall be filed with and subject to the approval of the superior court of the county in which the alleged violator resides or has his or her principal place of business, or in Thurston county. Proof of failure to comply with the assurance of discontinuance shall be prima facie evidence of a vio21.20.435 (2008 Ed.) 21.20.450 lation of this chapter. [1979 ex.s. c 68 § 31; 1974 ex.s. c 77 § 13.] Effective date—1974 ex.s. c 77: See note following RCW 21.20.040. JUDICIAL REVIEW OF ORDERS 21.20.440 Judicial review of order—Modification of order by director on additional evidence. Any person aggrieved by a final order of the director may obtain a review of the order in the county in which that person resides or in any other court of competent jurisdiction by filing in court, within sixty days after the entry of the order, a written petition praying that the order be modified or set aside in whole or in part. A copy of the petition shall be forthwith served upon the director, and thereupon the director shall certify and file in court a copy of the filing, testimony, and other evidence upon which the order was entered. When these have been filed, the court has exclusive jurisdiction to affirm, modify, enforce, or set aside the order, in whole or in part. No objection to the order may be considered by the court unless it was urged before the director or there were reasonable grounds for failure to do so. The findings of the director as to the facts, if supported by substantial evidence, are conclusive. If either party applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for failure to adduce the evidence in the hearing before the director, the court may order the additional evidence to be taken before the director and to be adduced upon the hearing in such manner and upon such conditions as the court may consider proper. The director may modify his or her findings by reason of the additional evidence so taken; and the director shall file any modified or new findings, which if supported by substantial evidence shall be conclusive, and any recommendation for the modification or setting aside of the original order. The commencement of proceedings under this section does not, unless specifically ordered by the court, operate as a stay of the director’s order. [1979 ex.s. c 68 § 32; 1959 c 282 § 44.] 21.20.440 ADMINISTRATION OF CHAPTER 21.20.450 Administration of chapter—Rules and forms, publication—Cooperation with other state and federal authorities. (1) The administration of the provisions of this chapter shall be under the department of financial institutions. The director may from time to time make, amend, and repeal such rules, forms, and orders as are necessary to carry out the provisions of this chapter, including rules defining any term, whether or not such term is used in the Washington securities law. The director may classify securities, persons, and matters within the director’s jurisdiction, and prescribe different requirements for different classes. No rule, form, or order may be made unless the director finds that the action is necessary or appropriate in the public interest or for the protection of investors and consistent with the purposes fairly intended by the policy and provisions of this chapter. In prescribing rules and forms the director may cooperate with the securities administrators of the other states and the securities and exchange commission with a view to effectuating the policy of this statute to achieve max21.20.450 [Title 21 RCW—page 21] 21.20.460 Title 21 RCW: Securities and Investments imum uniformity in the form and content of registration statements, applications, and reports wherever practicable. All rules and forms of the director shall be published. (2) To encourage uniform interpretation and administration of this chapter and effective securities regulation and enforcement, the director may cooperate with the securities agencies or administrators of one or more states, Canadian provinces or territories, or another country, the securities and exchange commission, the commodity futures trading commission, the securities investor protection corporation, any self-regulatory organization, any national or international organization of securities officials or agencies, and any governmental law enforcement or regulatory agency. (3) The cooperation authorized by subsection (2) of this section includes: (a) Establishing a central depository for licensing or registration under this chapter and for documents or records required or allowed to be maintained under this chapter; (b) Making a joint license or registration examination or investigation; (c) Holding a joint administrative hearing; (d) Filing and prosecuting a joint civil or administrative hearing; (e) Sharing and exchanging personnel; (f) Sharing and exchanging information and documents; and (g) Formulating under chapter 34.05 RCW, rules or proposed rules on matters such as statements of policy, guidelines, and interpretative opinions and releases. [1994 c 256 § 24; 1993 c 472 § 15; 1979 ex.s. c 68 § 33; 1979 c 158 § 86; 1975 1st ex.s. c 84 § 25; 1959 c 282 § 45.] Findings—Construction—1994 c 256: See RCW 43.320.007. Effective date—Implementation—1993 c 472: See RCW 43.320.900 and 43.320.901. 21.20.460 Administrator of securities—Appointment, qualifications, term, etc. The director shall appoint a competent person to administer this chapter who shall be designated administrator of securities. The director shall delegate to the administrator such powers, subject to the authority of the director, as may be necessary to carry out the provisions of this chapter. The administrator shall hold office at the pleasure of the director. [1959 c 282 § 46.] 21.20.460 21.20.470 Compensation, travel expenses of administrator and employees. The administrator, and any person employed by the administrator, shall be paid, in addition to regular compensation, travel expenses incurred by each of them in the performance of their duties under this chapter in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended. [1979 ex.s. c 68 § 34; 1975’76 2nd ex.s. c 34 § 64; 1959 c 282 § 47.] 21.20.470 Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. 21.20.480 Unlawful use or disclosure of filed information. It is unlawful for the director or any of the director’s officers or employees to use for personal benefit any information which is filed with or obtained by the director and which is not made public. The director or any of the director’s officers or employees shall not disclose any such information or the fact that any investigation is being made except among themselves or when necessary or appropriate in a proceeding or investigation under this chapter. No provision of this chapter either creates or derogates from any privilege which exists at common law or otherwise when documentary or other evidence is sought under a subpoena directed to the director or any of the director’s officers or employees. [1979 ex.s. c 68 § 35; 1959 c 282 § 48.] 21.20.490 No liability under chapter for act in good faith. No provision of this chapter imposing any liability applies to any act done or omitted in good faith in conformity with any rule, form, or order of the director, notwithstanding that the rule or form may later be amended or rescinded or be determined by judicial or other authority to be invalid for any reason. [1959 c 282 § 49.] 21.20.490 21.20.500 Administrative hearings public—Exception. Every hearing in an administrative proceeding shall be public unless the director in his or her discretion grants a request joined in by all the respondents that the hearing be conducted privately. [1979 ex.s. c 68 § 36; 1959 c 282 § 50.] 21.20.500 21.20.510 Document filed when received—Register—Inspection of register, information, etc. A document is filed with the director when it is received by the director or by a person as the director designates by rule or order. The director or the director’s designee shall keep a register of all applications for registration and registration statements which are or have ever been effective under this chapter and all denial, suspension, or revocation orders which have ever been entered under this chapter. The register shall be open for public inspection. The information contained in or filed with any registration statement, application, or report may be made available to the public under such rules as the director prescribes. [1994 c 256 § 25; 1959 c 282 § 51.] 21.20.510 Findings—Construction—1994 c 256: See RCW 43.320.007. 21.20.520 Copies of entries, documents to be furnished—Copies as prima facie evidence. Upon request and at such reasonable charges as the director prescribes, the director shall furnish to any person photostatic or other copies (certified under his seal of office if requested) of any entry in the register or any document which is a matter of public record. In any proceeding or prosecution under this chapter, any copy so certified is prima facie evidence of the contents of the entry or document certified. [1979 ex.s. c 68 § 37; 1959 c 282 § 52.] 21.20.520 21.20.530 Interpretative opinions by director. The director in his or her discretion may honor requests from interested persons for interpretative opinions. [1979 ex.s. c 68 § 38; 1959 c 282 § 53.] 21.20.530 PROOF OF EXEMPTION 21.20.480 [Title 21 RCW—page 22] 21.20.540 Exemptions, exceptions, and preemptions—Burden of proof. In any proceeding under this chapter, the burden of proving an exemption, an exception from a definition, or a preemption of a provision of this chapter is 21.20.540 (2008 Ed.) Securities Act of Washington upon the person claiming it. [1998 c 15 § 21; 1959 c 282 § 54.] 21.20.702 ADDITIONAL PROVISIONS 21.20.700 Investigations and examinations—Additional authority—Scope. (1) In addition to the authority conferred in RCW 21.20.370 the director at any time during a public offering whether registered or not, or one year thereafter or at any time that any debt or equity securities which have been sold to the public pursuant to registration under this chapter are still an outstanding obligation of the issuer: (a) May investigate the issuer for the purpose of ascertaining whether there have been violations of this chapter, rules adopted under this chapter, or any conditions imposed by the director expressed in any permit for a public offering or otherwise; (b) may visit and examine the issuer for the purpose of assuring compliance with this chapter, rules adopted under this chapter, or any conditions imposed by the director whether expressed in the permit for the public offering or otherwise; (c) may require or permit any person to file a statement in writing, under oath or otherwise as the director may determine, as to all the facts and circumstances concerning the matter to be investigated; and (d) may publish information concerning any violation of this chapter, or any rule, order, or condition adopted or imposed under this chapter. (2) The examination or investigation, whether conducted within or without this state, shall include the right to reasonably examine the issuer’s books, accounts, records, files, papers, feasibility reports, other pertinent information and obtain written permission from the issuer to consult with the independent accountant who audited the financial statements of the issuer. The reasonable costs of the examination shall be paid by the issuer to the director. The issuer shall not be liable for the costs of second or subsequent examinations during a calendar year. [1988 c 244 § 1; 1973 1st ex.s. c 171 § 5.] 21.20.700 ADVISORY COMMITTEE 21.20.550 State advisory committee—Composition, appointment, qualifications. There is hereby created a state advisory committee which shall consist of seven members to be appointed by the governor on the basis of their experience and qualifications. The membership shall be selected, insofar as possible, on the basis of giving both geographic representation and representation to all phases of the securities business including the legal and accounting professions. [1973 1st ex.s. c 171 § 3; 1959 c 282 § 55.] 21.20.550 Effective date—Construction—Severability—1973 1st ex.s. c 171: See RCW 21.20.800 and 21.20.805. 21.20.560 State advisory committee—Chairperson, secretary—Meetings. (1) The committee shall select a chairperson and a secretary from their group. (2) Regular meetings may be held quarterly, or semiannually, and special meetings may be called by the chairperson upon at least seven days’ written notice to each committee member sent by regular mail. [1979 ex.s. c 68 § 39; 1973 1st ex.s. c 171 § 4; 1959 c 282 § 56.] 21.20.560 Effective date—Construction—Severability—1973 1st ex.s. c 171: See RCW 21.20.800 and 21.20.805. 21.20.570 State advisory committee—Terms— Vacancies. The first members of the committee shall hold office as follows: Two members to serve two years; two members to serve three years; and three members to serve four years. Upon the expiration of said original terms subsequent appointment shall be for four years except in the case of a vacancy, in which event appointment shall be only for the remainder of the unexpired term in which the vacancy occurs. [1959 c 282 § 57.] 21.20.570 21.20.580 State advisory committee—Duties. The advisory committee shall: (1) Serve in an advisory capacity to the director on all matters pertaining to this chapter. (2) Acquaint themselves fully with the operations of the director’s office as to the administration of securities, brokerdealers, salespersons, and investment advisers, and periodically recommend to the director such changes in the rules and regulations of the department in connection therewith as they deem advisable. (3) Prepare and publish a mimeographed report on their recommendations. [1981 c 272 § 10; 1979 ex.s. c 68 § 40; 1959 c 282 § 58.] 21.20.580 21.20.590 State advisory committee—Reimbursement of travel expenses. The advisory committee shall be reimbursed for their travel expenses in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended. [1981 c 272 § 11; 1975-’76 2nd ex.s. c 34 § 65; 1959 c 282 § 59.] 21.20.590 Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. (2008 Ed.) Severability—1988 c 244: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1988 c 244 § 18.] Effective date—1988 c 244: "Sections 1 through 16 of this act shall take effect July 1, 1988." [1988 c 244 § 20.] Implementation—Application—1988 c 244: "The director of licensing may take whatever action is necessary to implement this act on its effective date. This act applies to any person, individual, corporation, partnership, or association whether or not in existence on or prior to July 1, 1988. The director of licensing may adopt transition rules in order to allow debenture companies in existence prior to July 1, 1988, a reasonable amount of time to comply with the requirements of this act. Transition rules shall require compliance with this act not later than January 1, 1990." [1988 c 244 § 21.] Effective date—Construction—Severability—1973 1st ex.s. c 171: See RCW 21.20.800 and 21.20.805. Investigations: RCW 21.20.370. 21.20.702 Suitability of recommendation—Reasonable grounds required. (1) In recommending to a customer the purchase, sale, or exchange of a security, a broker-dealer, salesperson, investment adviser, or investment adviser representative must have reasonable grounds for believing that the recommendation is suitable for the customer upon the basis of the facts, if any, disclosed by the customer as to his or her other security holdings and as to his or her financial situation and needs. (2) Before the execution of a transaction recommended to a noninstitutional customer, other than transactions with customers where investments are limited to money market 21.20.702 [Title 21 RCW—page 23] 21.20.705 Title 21 RCW: Securities and Investments mutual funds, a broker-dealer, salesperson, investment adviser, or investment adviser representative shall make reasonable efforts to obtain information concerning: (a) The customer’s financial status; (b) The customer’s tax status; (c) The customer’s investment objectives; and (d) Such other information used or considered to be reasonable by the broker-dealer, salesperson, investment adviser, or investment adviser representative in making recommendations to the customer. [1994 c 256 § 26; 1993 c 470 § 2.] Findings—Construction—1994 c 256: See RCW 43.320.007. 21.20.705 Debenture companies—Definitions. When used in this chapter, unless the context otherwise requires: (1) "Debenture company" means an issuer of any note, debenture, or other debt obligation for money used or to be used as capital or operating funds of the issuer, which is offered or sold in this state, and which issuer is engaged or proposes to engage in the business of investing, reinvesting, owning, holding, or trading in: (a) Notes, or other debt obligations, whether or not secured by real or personal property; (b) vendors’ interests in real estate contracts; (c) real or personal property to be leased to third parties; or (d) real or personal property. The term "debenture company" does not include an issuer by reason of any of its securities which are exempt from registration under RCW 21.20.310 or offered or sold in transactions exempt from registration under RCW 21.20.320 (1) or (8); and (2) "Acquiring party" means any person becoming or attempting to become a controlling person under RCW 21.20.717. [1988 c 244 § 2; 1987 c 421 § 1; 1979 c 140 § 1; 1973 1st ex.s. c 171 § 6.] 21.20.705 to at least ten percent of the outstanding securities in excess of $1,000,000 but not over $100,000,000; and (ii) A debenture company with outstanding securities other than capital stock totaling in excess of $100,000,000 shall have additional net worth equal to at least five percent of the outstanding securities in excess of $100,000,000. (c) Every debenture company shall hold at least one-half the amount of its required net worth in cash or comparable liquid assets as defined by rule, or shall demonstrate comparable liquidity to the satisfaction of the director. (2) The director may for good cause in the interest of the existing investors, waive the requirements of subsection (1) of this section. If the director waives the minimum requirements set forth in subsection (1) of this section, the debenture company shall increase its new [net] worth or liquidity in accordance with conditions imposed by the director until such time as the debenture company can meet the requirements of this section without waiver from the director. [1988 c 244 § 3; 1973 1st ex.s. c 171 § 7.] Severability—Effective date—Implementation—Application— 1988 c 244: See notes following RCW 21.20.700. Effective date—Construction—Severability—1973 1st ex.s. c 171: See RCW 21.20.800 and 21.20.805. 21.20.715 Debenture companies—Maturity date requirements. Any debenture company offering debt securities to the public shall provide that at least fifty percent of the amount of those securities sold have maturity dates of two years or more. [1987 c 421 § 2; 1973 1st ex.s. c 171 § 8.] 21.20.715 Effective date—Application—Severability—1987 c 421: See notes following RCW 21.20.705. Effective date—Construction—Severability—1973 1st ex.s. c 171: See RCW 21.20.800 and 21.20.805. 21.20.717 Debenture companies—Controlling person—Exceptions. (1) For purposes of the provisions of this chapter relating to debenture companies a person shall be deemed a controlling person if: (a) Such person directly or indirectly, or acting through one or more other persons owns, controls, or has power to vote twenty-five percent or more of any class of voting securities of a debenture company; (b) Such person controls in any manner the election of a majority of the directors or trustees of a debenture company; or (c) The director determines, after notice and opportunity for hearing, that such person, directly or indirectly, exercises a controlling influence over the management or policies of a debenture company. (2) The director may except, by order, for good cause shown, any person from subsection (1) of this section if the director finds the exception to be in the public interest and that the exception does not threaten the protection of investors. [1987 c 421 § 3.] 21.20.717 Severability—Effective date—Implementation—Application— 1988 c 244: See notes following RCW 21.20.700. Effective date—Application—1987 c 421: "Sections 1 through 8 of this act shall take effect January 1, 1988. The director of licensing may take whatever action is necessary to implement this act on its effective date. This act applies to any person, individual, corporation, partnership, or association whether or not in existence on or prior to January 1, 1988." [1987 c 421 § 12.] Severability—1987 c 421: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1987 c 421 § 10.] Effective date—Construction—Severability—1973 1st ex.s. c 171: See RCW 21.20.800 and 21.20.805. 21.20.710 Debenture companies—Capital requirements. (1) Except as provided in subsection (2) of this section, a debenture company shall not offer for sale any security other than capital stock if such sale would result in the violation of the following capital requirements: (a) For outstanding securities other than capital stock totaling from $1 to $1,000,000, a debenture company shall have a net worth of at least $200,000. (b) In addition to the requirement set forth in (a) of this subsection: (i) A debenture company with outstanding securities other than capital stock totaling in excess of $1,000,000 but not over $100,000,000 shall have additional net worth equal 21.20.710 [Title 21 RCW—page 24] Effective date—Application—Severability—1987 c 421: See notes following RCW 21.20.705. 21.20.720 Debenture companies—Prohibited activities by directors, officers, or controlling persons. (1) A director, officer, or controlling person of a debenture company shall not: 21.20.720 (2008 Ed.) Securities Act of Washington (a) Have any interest, direct or indirect, in the gains or profits of the debenture company, except to receive dividends upon the amounts contributed by him or her, the same as any other investor or shareholder and under the same regulations and conditions: PROVIDED, That nothing in this subsection shall be construed to prohibit salaries as may be approved by the debenture company’s board of directors; (b) Become a member of the board of directors or a controlling shareholder of another debenture company or a bank, trust company, or national banking association, of which board enough other directors or officers of the debenture company are members so as to constitute with him or her a majority of the board of directors. (2) A director, an officer, or controlling person shall not: (a) For himself or herself or as agent or partner of another, directly or indirectly use any of the funds held by the debenture company, except to make such current and necessary payments as are authorized by the board of directors; (b) Receive directly or indirectly and retain for his or her own use any commission on or benefit from any loan made by the debenture company, or any pay or emolument for services rendered to any borrower from the debenture company in connection with such loan; (c) Become an indorser, surety, or guarantor, or in any manner an obligor, for any loan made from the debenture company and except when approval has been given by the director of financial institutions or the director’s administrator of securities upon recommendation by the company’s board of directors. (d) For himself or herself or as agent or partner of another, directly or indirectly borrow any of the funds held by the debenture company, or become the owner of real or personal property upon which the debenture company holds a mortgage, deed of trust, or property contract. A loan to or a purchase by a corporation in which he or she is a stockholder to the amount of fifteen percent of the total outstanding stock, or in which he or she and other directors, officers, or controlling persons of the debenture company hold stock to the amount of twenty-five percent of the total outstanding stock, shall be deemed a loan to or a purchase by such director or officer within the meaning of this section, except when the loan to or purchase by such corporation occurred without his or her knowledge or against his or her protest. [1993 c 472 § 16; 1987 c 421 § 4; 1979 ex.s. c 68 § 41; 1979 c 158 § 87; 1973 1st ex.s. c 171 § 9.] Effective date—Implementation—1993 c 472: See RCW 43.320.900 and 43.320.901. Effective date—Application—Severability—1987 c 421: See notes following RCW 21.20.705. Effective date—Construction—Severability—1973 1st ex.s. c 171: See RCW 21.20.800 and 21.20.805. 21.20.725 Debenture companies—Debentures payable on demand—Interest—Certificates of debenture. (1) A debenture company shall not issue any debenture payable on demand nor pay or accrue interest beyond the maturity date of any debenture. (2) Debenture companies shall not issue certificates of debentures in passbook form, or in any other form which suggests to the holder that such moneys may be withdrawn on demand. 21.20.725 (2008 Ed.) 21.20.727 (3) Each certificate of debenture or an application for a certificate shall specify on the face of the certificate or application therefor, in twelve point bold face type or larger, that such debenture is not insured by the United States government, the state of Washington, or any agency thereof. [1988 c 244 § 4; 1973 1st ex.s. c 171 § 10.] Severability—Effective date—Implementation—Application— 1988 c 244: See notes following RCW 21.20.700. Effective date—Construction—Severability—1973 1st ex.s. c 171: See RCW 21.20.800 and 21.20.805. 21.20.727 Debenture companies—Acquisition of control—Requirements—Violation—Penalty. (1) It is unlawful for any person to acquire control of a debenture company until thirty days after filing with the director a copy of the notice of change of control on the form specified by the director. The notice or application shall be under oath and contain substantially all of the following information plus any additional information that the director may prescribe as necessary or appropriate in the particular instance for the protection of investors, borrowers, or shareholders and the public interest: (a) The identity and business experience of each person by whom or on whose behalf acquisition is to be made; (b) The financial and managerial resources and future prospects of each person involved in the acquisition; (c) The terms and conditions of any proposed acquisition and the manner in which the acquisition is to be made; (d) The source and amount of the funds or other consideration used or to be used in making the acquisition, and a description of the transaction and the names of the parties if any part of these funds or other consideration has been or is to be borrowed or otherwise obtained for the purpose of making the acquisition; (e) Any plan or proposal which any person making the acquisition may have to liquidate the debenture company, to sell its assets, to merge it with any other company, or to make any other major change in its business or corporate structure or management; (f) The identification of any person employed, retained, or to be compensated by the acquiring party, or by any person on its behalf, who makes solicitations or recommendations to shareholders for the purpose of assisting in the acquisition and a brief description of the terms of the employment, retainer, or arrangement for compensation; and (g) Copies of all invitations for tenders or advertisements making a tender offer to shareholders for the purchase of their stock to be used in connection with the proposed acquisition. (2) When a person, other than an individual or corporation, is required to file an application under this section, the director may require that the information required by subsection (1)(a), (b), and (f) of this section be given with respect to each person who has an interest in or controls a person filing an application under this subsection. (3) When a corporation is required to file an application under this section, the director may require that the information required by subsection (1)(a), (b), and (f) of this section be given for the company, each officer and director of the company, and each person who is directly or indirectly the beneficial owner of twenty-five percent or more of the outstanding voting securities of the company. 21.20.727 [Title 21 RCW—page 25] 21.20.730 Title 21 RCW: Securities and Investments (4) If any tender offer, request, or invitation for tenders or other agreements to acquire control is proposed to be made by means of a registration statement under the Securities Act of 1933 (48 Stat. 74; 15 U.S.C. Sec. 77(a)), as amended, or in circumstances requiring the disclosure of similar information under the Securities Exchange Act of 1934 (48 Stat. 881; 15 U.S.C. Sec. 78(a)), as amended, the registration statement or application may be filed with the director in lieu of the requirements of this section. (5) Any acquiring party shall also deliver a copy of any notice or application required by this section to the debenture company proposed to be acquired within two days after the notice or application is filed with the director. (6) Any acquisition of control in violation of this section shall be ineffective and void. (7) Any person who wilfully or intentionally violates this section or any rule adopted pursuant thereto is guilty of a gross misdemeanor and shall be punished pursuant to chapter 9A.20 RCW. Each day’s violation shall be considered a separate violation. [1987 c 421 § 5.] Effective date—Application—Severability—1987 c 421: See notes following RCW 21.20.705. 21.20.730 Debenture companies—Acquisition of control—Grounds for disapproval. The director may disapprove the acquisition of a debenture company within thirty days after the filing of a complete application under RCW 21.20.727 or an extended period not exceeding an additional fifteen days if: (1) The poor financial condition of any acquiring party might jeopardize the financial stability of the debenture company or might prejudice the interests of the investors, borrowers, or shareholders; (2) The plan or proposal of the acquiring party to liquidate the debenture company, to sell its assets, to merge it with any person, or to make any other major change in its business or corporate structure or management is not fair and reasonable to the debenture company’s investors, borrowers, or stockholders or is not in the public interest; (3) The business experience and integrity of any acquiring party who would control the operation of the debenture company indicates that approval would not be in the interest of the debenture company’s investors, borrowers, or shareholders; (4) The information provided by the application is insufficient for the director to make a determination or there has been insufficient time to verify the information provided and conduct an examination of the qualification of the acquiring party; or (5) The acquisition would not be in the public interest. [1987 c 421 § 6.] 21.20.730 Effective date—Application—Severability—1987 c 421: See notes following RCW 21.20.705. 2 1. 2 0 . 73 2 Deb e nt u r e c o mp an ies —No t ic e o f charges—Hearing—Cease and desist orders. (1) The director may issue and serve upon a debenture company a notice of charges if in the opinion of the director any debenture company: 21.20.732 [Title 21 RCW—page 26] (a) Is engaging or has engaged in an unsafe or unsound practice in conducting the business of the debenture company; (b) Is violating or has violated RCW 21.20.815, 21.20.820, or 21.20.830, or any rule, order, or condition adopted or imposed thereunder; or (c) Is about to do the acts prohibited in (a) or (b) of this subsection when the opinion that the threat exists is based upon reasonable cause. (2) The notice shall contain a statement of the facts constituting the alleged violation or violations or act or acts or the practice or practices and shall fix a time and place at which a hearing will be held to determine whether an order to cease and desist should issue against the debenture company. The hearing shall be set in accordance with chapter 34.05 RCW. Unless the debenture company appears at the hearing by a duly authorized representative, it shall be considered to have consented to the issuance of the cease and desist order. If the debenture company is deemed to have consented or if upon the record made at the hearing the director finds that any violation, act, or practice specified in the notice of charges has been established, the director may issue and serve upon the debenture company an order to cease and desist from the violation, act, or practice. The order may require the debenture company and its directors, officers, controlling persons, employees, and agents to cease and desist from the violation, act, or practice and may require the debenture company to take affirmative action to correct the conditions resulting from the violation, act, or practice. (3) A cease and desist order shall become effective at the expiration of ten days after the service of the order upon the debenture company concerned except that a cease and desist order issued upon consent shall become effective at the time specified in the order and shall remain effective as provided therein unless it is stayed, modified, terminated, or set aside by action of the director or a reviewing court. [1988 c 244 § 5; 1987 c 421 § 7.] Severability—Effective date—Implementation—Application— 1988 c 244: See notes following RCW 21.20.700. Effective date—Application—Severability—1987 c 421: See notes following RCW 21.20.705. 21.20.734 Debenture companies—Temporary cease and desist orders. Whenever the director determines that any violation, act, or practice specified in RCW 21.20.732 or its continuation is likely to cause insolvency or substantial dissipation of assets or earnings of the debenture company or to otherwise seriously prejudice the interests of its security holders, the director may also issue a temporary order requiring the debenture company and its directors, officers, controlling persons, employees, and agents to cease and desist from the violation, act, or practice. The order shall become effective upon service on the debenture company and shall remain effective pending the completion of the administrative proceedings under the notice and until such time as the director dismisses the charges specified in the notice or until the effective date of a cease and desist order issued against the debenture company under RCW 21.20.732. [1988 c 244 § 6; 1987 c 421 § 8.] 21.20.734 (2008 Ed.) Securities Act of Washington Severability—Effective date—Implementation—Application— 1988 c 244: See notes following RCW 21.20.700. Effective date—Application—Severability—1987 c 421: See notes following RCW 21.20.705. 21.20.740 Reports—Requirements. (1) Every issuer which has registered securities under Washington state securities law shall file with the director reports described in subsection (2) of this section. Such reports shall be filed with the director not more than one hundred twenty days (unless extension of time is granted by the director) after the end of the issuer’s fiscal year. (2) The reports required by subsection (1) of this section shall contain such information, statements and documents regarding the financial and business conditions of the issuer and the number and description of securities of the issuer held by its officers, directors and controlling shareholders and shall be in such form and filed at such annual times as the director may require by rule or order. For the purposes of RCW 21.20.720, 21.20.740 and 21.20.745, a "controlling shareholder" shall mean a person who is directly or indirectly the beneficial holder of more than ten percent of the outstanding voting securities of an issuer. (3)(a) The reports described in subsection (2) of this section shall include financial statements corresponding to those required under the provisions of RCW 21.20.210 and to the issuer’s fiscal year setting forth in comparative form the corresponding information for the preceding year and such financial statements shall be furnished to all shareholders within one hundred twenty days (unless extension of time is granted by the director) after the end of such year, but at least twenty days prior to the date of the annual meeting of shareholders. (b) Such financial statements shall be prepared as to form and content in accordance with rules prescribed by the director and shall be audited (except that financial statements filed prior to July 1, 1976 need be audited only as to the most recent fiscal year) by an independent certified public accountant who is not an employee, officer or member of the board of directors of the issuer or a holder of securities of the issuer. The report of such independent certified public accountant shall be based upon an audit made in accordance with generally accepted auditing standards with no limitations on its scope. (4) The director may by rule or order exempt any issuer or class of issuers from this section for a period of up to one year if the director finds that the filing of any such report by a specific issuer or class of issuers is not necessary for the protection of investors and the public interest. (5) For the purposes of RCW 21.20.740 and 21.20.745, "issuer" does not include issuers of: (a) Securities registered by the issuer pursuant to section 12 of the securities and exchange act of 1934 as now or hereafter amended or exempted from registration under that act on a basis other than the number of shareholders and total assets. (b) Securities which are held of record by less than two hundred persons or whose total assets are less than $500,000 at the close of the issuer’s fiscal year. (6) Any issuer who has been required to file under RCW 21.20.740 and who subsequently becomes excluded from the 21.20.740 (2008 Ed.) 21.20.750 definition of "issuer" by virtue of RCW 21.20.740(5) must file a certification setting forth the basis on which they claim to no longer be an issuer within the meaning of this chapter. (7) The reports filed under this section shall be filed and maintained by the director for public inspection. Any person is entitled to receive copies thereof from the director upon payment of the reasonable costs of duplication. (8) Filing of reports pursuant to this section shall not constitute an approval thereof by the director or a finding by the director that the report is true, complete and not misleading. It shall be unlawful to make, or cause to be made, to any prospective purchaser, seller, customer or client, any representation inconsistent with this subsection. [1997 c 101 § 1; 1979 ex.s. c 68 § 42; 1973 1st ex.s. c 171 § 11.] Effective date—Construction—Severability—1973 1st ex.s. c 171: See RCW 21.20.800 and 21.20.805. 21.20.745 Reports—Violations of reporting requirements—Penalties—Contribution. (1) It is unlawful for any person, including the officers and directors of any issuer, to fail to file a report required by RCW 21.20.740 or to file any such report which contains an untrue statement of a material fact or an omission to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading unless such person did not know, and in the exercise of reasonable care could not have known, of the failure, untruth or omission. In addition to any other penalties or remedies provided by chapter 21.20 RCW, each officer and director of an issuer which violates this subsection shall be personally liable for damages as provided in subsection (2) of this section if such officer or director: (a) Had actual notice of the issuer’s duty to file reports; (b) Knew, or in the exercise of reasonable care could have known of the violation; and (c) Could have prevented the violation. (2) Any issuer and other person who violate subsection (1) of this section shall be liable jointly and severally for the damages occasioned by such violation, together with reasonable attorney fees and costs to any person who, during the continuation of the violation and without actual notice of the violation, purchases or sells any securities of the issuer within six months following the date the violation commenced. (3) No suit or action may be commenced under subsection (2) of this section more than one year after the purchase or sale. (4) Any person held liable under this section shall be entitled to contribution from those jointly and severally liable with that person. [1979 ex.s. c 68 § 43; 1973 1st ex.s. c 171 § 12.] 21.20.745 Effective date—Construction—Severability—1973 1st ex.s. c 171: See RCW 21.20.800 and 21.20.805. 21.20.750 Reports—Suspension of sale of securities until reporting requirements complied with. In case of a violation of RCW 21.20.740 and 21.20.745, the director may suspend sale or trading by or through a broker-dealer of the securities of the issuer until the failure to file a report or statement or the inaccuracy or omissions in any report or statement are remedied as determined by the director. [1973 1st ex.s. c 171 § 13.] 21.20.750 [Title 21 RCW—page 27] 21.20.800 Title 21 RCW: Securities and Investments Effective date—Construction—Severability—1973 1st ex.s. c 171: See RCW 21.20.800 and 21.20.805. 21.20.800 Severability—1973 1st ex.s. c 171. If any provision of this 1973 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected. [1973 1st ex.s. c 171 § 15.] 21.20.800 21.20.805 Effective date—Construction—1973 1st ex.s. c 171. This 1973 amendatory act shall take effect on January 1, 1975: PROVIDED HOWEVER, That debenture companies registered pursuant to chapter 21.20 RCW as of January 1, 1974, and for which there are no stop orders outstanding shall have until January 1, 1975, to comply with the requirements of section 7 of this 1973 amendatory act. [1973 1st ex.s. c 171 § 14.] 21.20.805 21.20.810 Application of chapter not limited. Nothing in RCW 21.20.700 through 21.20.750 and 21.20.815 through 21.20.855 limits the application of other provisions of this chapter. [1988 c 244 § 7.] 21.20.810 Severability—Effective date—Implementation—Application— 1988 c 244: See notes following RCW 21.20.700. is secured or covered by guarantee, or by commitment or agreement to take over or to purchase the loan, made by any federal reserve bank or by the United States or any department, bureau, board, commission, or establishment of the United States, including any corporation wholly owned directly or indirectly by the United States. [1988 c 244 § 9.] Severability—Effective date—Implementation—Application— 1988 c 244: See notes following RCW 21.20.700. 21.20.825 Debenture companies—Bad debts. (1) Any debt due a debenture company on which interest is one year or more past due and unpaid shall be considered a bad debt and shall be charged off the books of the debenture company unless: (a) Such debt is well-secured and in the course of collection by legal process or probate proceedings; or (b) Such debt is represented or secured by bonds having a determinable market value currently quoted on a national securities exchange, provided that in such case, such bonds shall be carried on the books of the debenture company at such value as the director may from time to time direct, but in no event may such carrying value exceed the market value thereof. (2) A final judgment held by a debenture company shall not be considered an asset of the debenture company after two years from the date of its entry excluding any time for appeal unless extended by the director in writing for a specified period. [1988 c 244 § 10.] 21.20.825 21.20.815 Debenture companies—Equity investments. (1) A debenture company shall not, without prior written consent of the director: (a) Make equity investments in a single project or subsidiary of more than ten percent of its assets or of more than its net worth, whichever is greater; or (b) Make equity investments, including investments in subsidiaries, other than investments in income-producing real property, which in the aggregate exceed twenty percent of its assets. (2) For the purposes of this section, an equity investment does not include any acquisition of real property in satisfaction, or on account, of debts previously contracted in the regular course of the debenture company’s business, or in satisfaction of judgments, vendors’ interests in real property contracts, or liens if the real property has not been held by the debenture company for more than three years from the date it was acquired and any additional time permitted by the director. [1988 c 244 § 8.] 21.20.830 Debenture companies—Investments in unsecured loans. (1) A debenture company shall not invest more than twenty percent of its assets in unsecured loans. (2)(a) Except as provided in (b) of this subsection, a loan shall be deemed unsecured if the ascertained market value of the collateral securing the loan does not exceed one hundred twenty-five percent of the loan and all senior indebtedness. (b) A loan shall not be deemed unsecured to the extent that the loan is guaranteed or insured by the federal housing administration, the administrator of veterans’ affairs, the farmers home administration, or an insurer authorized to do business in this state, or any other guarantor or insurer approved by the director. [1988 c 244 § 11.] Severability—Effective date—Implementation—Application— 1988 c 244: See notes following RCW 21.20.700. Severability—Effective date—Implementation—Application— 1988 c 244: See notes following RCW 21.20.700. 21.20.820 Debenture companies—Loans to any one borrower—Limitations. (1) Except as provided in subsection (3) of this section, a debenture company shall not loan or invest in a loan or loans to any one borrower more than two and one-half percent of the debenture company’s assets without prior written consent of the director. (2) For the purpose of this section, loans made to affiliates of the borrower are deemed to have been made to the borrower. (3)(a) If good cause is shown, the director may waive in whole or in part the limitation in subsection (1) of this section. (b) A loan or obligation shall not be subject to the limitation in subsection (1) of this section to the extent that the loan 21.20.835 Debenture companies—Debenture holders—Notice of maturity date of debenture. Every debenture company shall notify each of its debenture holders of the maturity date of the holder’s debenture by sending a notice to the holder not more than forty-five days nor less than fifteen days prior to the maturity date of the debenture at the holder’s last known address. [1988 c 244 § 12.] 21.20.815 21.20.820 [Title 21 RCW—page 28] Severability—Effective date—Implementation—Application— 1988 c 244: See notes following RCW 21.20.700. 21.20.830 21.20.835 Severability—Effective date—Implementation—Application— 1988 c 244: See notes following RCW 21.20.700. 21.20.840 Debenture companies—Annual financial statement. A debenture company shall send annually and in a timely manner either a copy of its annual financial statements or a summary of its financial statements for the most 21.20.840 (2008 Ed.) Securities Act of Washington recent fiscal year to each debenture holder at the debenture holder’s last known address. If a summary is sent, the debenture company shall make available to any debenture holder upon request a copy of its complete annual financial statements for its most recent fiscal year. [1988 c 244 § 13.] Severability—Effective date—Implementation—Application— 1988 c 244: See notes following RCW 21.20.700. 21.20.845 Debenture companies—Rules. The director may adopt rules to govern examinations and reports of debenture companies and to otherwise govern the administration of debenture companies under this chapter. [1988 c 244 § 14.] 21.20.845 Severability—Effective date—Implementation—Application— 1988 c 244: See notes following RCW 21.20.700. 21.20.850 21.20.850 Debenture companies—Record maintenance and preservation—Examination. Every debenture company shall make and keep such accounts and other records as shall be prescribed by the director. All records so required shall be preserved for three years unless the director prescribes otherwise for particular types of records. All the records of a debenture company are subject at any time or from time to time to such reasonable periodic, special, or other examinations by representatives of the director, within or without this state, as the director deems necessary or appropriate in the public interest or for protection of investors. [1988 c 244 § 15.] Severability—Effective date—Implementation—Application— 1988 c 244: See notes following RCW 21.20.700. 21.20.855 Debenture companies—Examination reports and information—Exempt from public disclosure—Use in civil actions. (1) Examination reports and information obtained by the director or the director’s representatives in conducting examinations pursuant to RCW 21.20.700 shall not be subject to public disclosure under chapter 42.56 RCW. (2) In any civil action in which the reports are sought to be discovered or used as evidence, any party may, upon notice to the director, petition the court for an in camera review of the report. The court may permit discovery and introduction of only those portions of the report which are relevant and otherwise unobtainable by the requesting party. This subsection shall not apply to an action brought or defended by the director. [2005 c 274 § 238; 1988 c 244 § 16.] 21.20.855 Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. Severability—Effective date—Implementation—Application— 1988 c 244: See notes following RCW 21.20.700. STATUTORY POLICY 21.20.900 21.20.900 Construction to secure uniformity. This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it and to coordinate the interpretation and administration of this chapter with the related federal regulation. [1959 c 282 § 61.] (2008 Ed.) 21.20.925 SEVERABILITY OF PROVISIONS 21.20.905 Severability—1959 c 282. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. [1959 c 282 § 62.] 21.20.905 REPEAL AND SAVING PROVISIONS 21.20.910 Saving—Civil, criminal proceedings. Prior law exclusively governs all suits, actions, prosecutions, or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring before the effective date of this chapter, except that no civil suit or action may be maintained to enforce any liability under prior law unless brought within any period of limitation which applied when the cause of action accrued and in any event within two years after the *effective date of this chapter. [1959 c 282 § 63.] 21.20.910 *Reviser’s note: The "effective date of this chapter" is midnight June 10, 1959, see preface 1959 session laws. 21.20.915 Saving—Prior effective registrations. All effective registrations under prior law and all conditions imposed upon such registrations remain in effect so long as they would have remained in effect if they had become effective under this chapter. They are considered to have been filed, entered, or imposed under this chapter. All dealers who are duly registered as brokers and all salespersons and issuers’ agents who are duly registered as agents under said securities act, mining act or oil and mining leases act, on the *effective date of this chapter shall be deemed to be duly registered under and subject to the provisions of this chapter, such registration to expire on the 30th day of June of the year in which this chapter becomes effective and to be subject to renewal as provided in this chapter. [1979 ex.s. c 68 § 44; 1959 c 282 § 64.] 21.20.915 *Reviser’s note: The "effective date of this chapter" is midnight June 10, 1959, see preface 1959 session laws. 21.20.920 Application of prior law. Prior law applies in respect to any offer or sale made within one year after the *effective date of this chapter pursuant to an offering begun in good faith before its effective date on the basis of an exemption available under prior law. [1959 c 282 § 65.] 21.20.920 *Reviser’s note: The "effective date of this chapter" is midnight June 10, 1959, see preface 1959 session laws. 21.20.925 Judicial review of prior administrative orders. Judicial review of all administrative orders as to which review proceedings have not been instituted by the *effective date of this chapter are governed by RCW 21.20.440 except that no review proceeding may be instituted unless the petition is filed within any period of limitation which applied to a review proceeding when the order was entered and in any event within sixty days after the *effective date of this chapter. [1959 c 282 § 66.] 21.20.925 *Reviser’s note: The "effective date of this chapter" is midnight June 10, 1959, see preface 1959 session laws. [Title 21 RCW—page 29] 21.20.930 Title 21 RCW: Securities and Investments 21.20.930 Solicitation permits under insurance laws not limited. Nothing in this chapter shall in any way limit the provisions of RCW 48.06.030. [1959 c 282 § 67.] 21.20.930 21.20.935 Repealer. The following acts and parts of acts are hereby repealed: (1) Chapter 69, Laws of 1923; chapter 97, Laws of 1935; chapter 182, Laws of 1937; chapter 124, Laws of 1939; chapter 169, Laws of 1943; chapter 231, Laws of 1943; chapter 189, Laws of 1947; chapter 150, Laws of 1949; chapter 230, Laws of 1951; and RCW 21.04.010 through 21.04.220; and (2) Chapter 178, Laws of 1937; chapter 64, Laws of 1951; and RCW 21.08.010 through 21.08.120; and (3) Chapter 110, Laws of 1939 and RCW 21.12.010 through 21.12.080. [1959 c 282 § 68.] 21.20.935 SHORT TITLE 21.20.940 Short title. This chapter shall be known as "The Securities Act of Washington." [1959 c 282 § 69.] 21.20.940 Chapter 21.30 Chapter 21.30 RCW COMMODITY TRANSACTIONS Sections 21.30.005 21.30.010 21.30.020 21.30.030 21.30.040 21.30.050 21.30.060 21.30.070 21.30.080 21.30.090 21.30.100 21.30.110 21.30.120 21.30.130 21.30.140 21.30.150 21.30.160 21.30.170 21.30.180 21.30.190 21.30.200 21.30.210 21.30.220 21.30.230 21.30.240 21.30.250 21.30.260 21.30.270 21.30.280 21.30.290 21.30.300 21.30.310 21.30.320 21.30.330 21.30.340 Intent. Definitions. Transactions involving commodity contract or option—Prohibition—Exceptions. Transactions conducted by certain persons exempt from prohibition under RCW 21.30.020. Transactions and contracts exempt from prohibition under RCW 21.30.020—Rules. Commodity merchants—Place for trading commodity contract or option—Requirements. Prohibited practices. Responsibility for acts or omissions—Liability—Burden of proof. Offers to sell or buy in this state—Application of RCW 21.30.020, 21.30.050, and 21.30.060. When publications or electronic communications not deemed offers to sell or buy in this state. Investigations—Statements—Publication of information. Investigations—Evidence—Subpoenas—Court orders of compliance. Violations—Director’s authority—Court actions—Penalties. Violations—Court-ordered remedies—Penalties—Bond by director not required. Willful violations—Penalty—Limitation on actions. No liability under chapter for act in good faith. Unlawful use or disclosure of information. Information—Availability to public—Exceptions. Cooperation with other agencies or organizations. Consent for service of process—Service, how made. Administrative proceedings—Summary order—Notice— Hearing—Final order. Application of chapter 34.05 RCW, the administrative procedure act. Pleading exemptions or exceptions—Burden of proof. Application for licensing. Fees. Examinations—Waiver. Expiration of licenses—Authority under commodity sales representative license—Notification of changes. Multiple licenses, when permitted. Classification of licenses—Limitations and conditions of licenses. Annual report and fee. Minimum net capital and fidelity bond requirements. Financial and other reports. Records. Correcting amendments of information in application or financial and other reports—Exception. Examination of records—Copies—Fees. [Title 21 RCW—page 30] 21.30.350 21.30.360 21.30.370 21.30.380 21.30.390 21.30.400 21.30.800 21.30.810 21.30.900 21.30.901 Denial, suspension, revocation, or limitation of license— Grounds. Violations—Prosecuting attorney may bring criminal proceedings. Penalties in chapter nonexclusive. Administration of chapter under director of financial institutions. Administrator—Appointment—Delegation of duties—Term. Director’s powers and duties—Rules, forms, and orders— Fees. Securities laws not affected. Construction and purpose. Severability—1986 c 14. Effective date—1986 c 14. Reviser’s note: Powers, duties, and functions of the department of licensing relating to chapter 21.30 RCW were transferred to the department of financial institutions by 1993 c 472, effective October 1, 1993. See RCW 43.320.011. Agricultural commodities: Chapter 22.09 RCW. 21.30.005 Intent. The legislature intends that this chapter, and any rules, regulations, or orders promulgated pursuant hereto, apply to transactions in commodities which constitute commodity contracts or commodity options as defined in this chapter, unless the context clearly requires otherwise. [1987 c 243 § 1.] 21.30.005 21.30.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Administrator" means the person designated by the director in accordance with the provisions of RCW 21.30.390. (2) "Board of trade" means any person or group of persons engaged in buying or selling any commodity or receiving any commodity for sale on consignment, whether such person or group of persons is characterized as a board of trade, exchange, or other form of marketplace. (3) "Director" means the director of financial institutions. (4) "Commodity broker-dealer" means, for the purposes of registration in accordance with this chapter, any person engaged in the business of making offers, sales, or purchases of commodities under commodity contracts or under commodity options. (5) "Commodity sales representative" means, for the purposes of registration in accordance with this chapter, any person authorized to act and acting for a commodity brokerdealer in effecting or attempting to effect a transaction in a commodity contract or commodity option. (6) "Commodity exchange act" means the act of congress known as the commodity exchange act, as amended, codified at 7 U.S.C. Sec. 1 et seq. (7) "Commodity futures trading commission" means the independent regulatory agency established by congress to administer the commodity exchange act. (8) "CFTC rule" means any rule, regulation, or order of the commodity futures trading commission in effect on October 1, 1986, and all subsequent amendments, additions, or other revisions thereto, unless the administrator, within ten days following the effective date of any such amendment, addition, or revision, disallows the application thereof by rule or order. (9) "Commodity" means, except as otherwise specified by the director by rule or order, any agricultural, grain, or 21.30.010 (2008 Ed.) Commodity Transactions livestock product or by-product, any metal or mineral (including a precious metal set forth in subsection (17) of this section), any gem or gemstone (whether characterized as precious, semiprecious, or otherwise), any fuel (whether liquid, gaseous, or otherwise), any foreign currency, and all other goods, articles, products, or items of any kind. However, the term commodity does not include (a) a numismatic coin whose fair market value is at least fifteen percent higher than the value of the metal it contains, (b) real property or any timber, agricultural, or livestock product grown or raised on real property and offered or sold by the owner or lessee of such real property, or (c) any work of art offered or sold by art dealers, at public auction, or offered or sold through a private sale by the owner thereof. (10) "Commodity contract" means any account, agreement, or contract for the purchase or sale, primarily for speculation or investment purposes and not for use or consumption by the offeree or purchaser, of one or more commodities, whether for immediate or subsequent delivery or whether delivery is intended by the parties, and whether characterized as a cash contract, deferred shipment or deferred delivery contract, forward contract, futures contract, installment or margin contract, leverage contract, or otherwise. Any commodity contract offered or sold shall, in the absence of evidence to the contrary, be presumed to be offered or sold for speculation or investment purposes. A commodity contract shall not include any contract or agreement which requires, and under which the purchaser receives, within twenty-eight calendar days from the payment in good funds of any portion of the purchase price, physical delivery of the total amount of each commodity to be purchased under the contract or agreement. (11) "Commodity option" means any account, agreement, or contract giving a party thereto the right to purchase or sell one or more commodities and/or one or more commodity contracts, whether characterized as an option, privilege, indemnity, bid, offer, put, call, advance guaranty, decline guaranty or otherwise, but does not include a commodity option traded on a national securities exchange registered with the United States securities and exchange commission. (12) "Commodity merchant" means any of the following, as defined or described in the commodity exchange act or by CFTC rule: (a) Futures commission merchant; (b) Commodity pool operator; (c) Commodity trading advisor; (d) Introducing broker; (e) Leverage transaction merchant; (f) An associated person of any of the foregoing; (g) Floor broker; and (h) Any other person (other than a futures association) required to register with the commodity futures trading commission. (13) "Financial institution" means a bank, savings institution, or trust company organized under, or supervised pursuant to, the laws of the United States or of any state. (14) "Offer" or "offer to sell" includes every offer, every attempt to offer to dispose of, or solicitation of an offer to buy, to purchase, or to acquire, for value. (2008 Ed.) 21.30.030 (15) "Sale" or "sell" includes every sale, contract of sale, contract to sell, or disposition, for value. (16) "Person" means an individual, a corporation, a partnership, an association, a joint-stock company, a trust where the interests of the beneficiaries are evidenced by a security, an unincorporated organization, a government, or a political subdivision of a government, but does not include a contract market designated by the commodity futures trading commission or any clearinghouse thereof or a national securities exchange registered with the United States securities and exchange commission (or any employee, officer, or director of such contract market, clearinghouse, or exchange acting solely in that capacity). (17) "Precious metal" means: (a) Silver, in either coin, bullion, or other form; (b) Gold, in either coin, bullion, or other form; (c) Platinum, in either coin, bullion, or other form; and (d) Such other items as the director may specify by rule or order. [1997 c 101 § 2; 1994 c 92 § 5; 1987 c 243 § 2; 1986 c 14 § 1.] 21.30.020 Transactions involving commodity contract or option—Prohibition—Exceptions. Except as otherwise provided in RCW 21.30.030 and 21.30.040, no person may sell or purchase or offer to sell or purchase any commodity under any commodity contract or under any commodity option or offer to enter into or enter into as seller or purchaser any commodity contract or any commodity option. [1986 c 14 § 2.] 21.30.020 21.30.030 Transactions conducted by certain persons exempt from prohibition under RCW 21.30.020. The prohibition in RCW 21.30.020 does not apply to any transaction offered by and in which any of the following persons (or any employee, officer, or director thereof acting solely in that capacity) is the purchaser or seller: (1) A person registered with the commodity futures trading commission as a futures commission merchant or as a leverage transaction merchant but only as to those activities that require such registration; (2) A person affiliated with, and whose obligations and liabilities are guaranteed by, a person referred to in subsection (1) or (5) of this section; (3) A person who is a member of a contract market designated by the commodity futures trading commission (or any clearinghouse thereof); (4) A financial institution; (5) A person registered under chapter 21.20 RCW as a securities broker-dealer holding a general securities license whose activities require such registration; (6) A person registered as a commodity broker-dealer or commodity sales representative in accordance with this chapter; or (7) Any person who meets all of the following conditions: (a) Prior to engaging in any transaction which would otherwise be prohibited under RCW 21.30.020, the person: (i) Files a claim of exemption on a form prescribed by the director; and 21.30.030 [Title 21 RCW—page 31] 21.30.040 Title 21 RCW: Securities and Investments (ii) Files a consent to service of process pursuant to RCW 21.30.190; (b) The person files a renewal of a claim for exemption not less than every two years on a form prescribed by the director; (c) The person engages only in those commodity transactions in which the purchaser pays, and the seller receives, one hundred percent of the purchase price in cash or cash equivalent within ten days of the contract of sale; (d) The person receives no more than twenty-five percent of the total dollar amount of its gross sales of commodities in any fiscal year from commodity contracts or commodity options; (e) The person’s gross profit on all transactions in commodity contracts or commodity options does not exceed five hundred thousand dollars in the fiscal year immediately preceding any year for which the person claims the exemption contained in this subsection, or one million dollars in the two fiscal years immediately preceding any year for which the person claims the exemption; (f) The person maintains standard property and casualty insurance in an amount sufficient to cover the value of commodities stored for customers. "Registered," for the purposes of this section, means holding a registration that has not expired, been suspended, or been revoked. The exemptions under this section shall not apply to any transaction or activity which is prohibited by the commodity exchange act or CFTC rule. [1987 c 243 § 3; 1986 c 14 § 3.] 21.30.040 Transactions and contracts exempt from prohibition under RCW 21.30.020—Rules. (1) The prohibition in RCW 21.30.020 does not apply to the following: (a) An account, agreement, or transaction within the exclusive jurisdiction of the commodity futures trading commission as granted under the commodity exchange act; (b) A commodity contract for the purchase of one or more precious metals in which, within seven calendar days from the payment in good funds of any portion of the purchase price, the quantity of precious metals purchased by the payment is delivered (whether in specifically segregated or fungible bulk form) into the possession of a depository (other than the seller) which is either (i) a financial institution, (ii) a depository the warehouse receipts of which are recognized for delivery purposes for any commodity on a contract market designated by the commodity futures trading commission, (iii) a storage facility licensed or regulated by the United States or any agency thereof, or (iv) a depository designated by the director, and the depository (or other person which itself qualifies as a depository as aforesaid) issues and the purchaser receives, a certificate, document of title, confirmation, or other instrument evidencing that the quantity of precious metals has been delivered to the depository and is being and will continue to be held by the depository on the purchaser’s behalf, free and clear of all liens and encumbrances, other than liens of the purchaser, tax liens, liens agreed to by the purchaser, or liens of the depository for fees and expenses, which have previously been disclosed to the purchaser; (c) A commodity contract solely between persons engaged in producing, processing, using commercially, or 21.30.040 [Title 21 RCW—page 32] handling as merchants each commodity subject thereto, or any by-products thereof; or (d) A commodity contract under which the offeree or the purchaser is a person referred to in RCW 21.30.030, a person registered with the federal securities and exchange commission as a broker-dealer, an insurance company, an investment company as defined in the federal investment company act of 1940, or an employee pension and profit sharing or benefit plan (other than a self-employed individual retirement plan, or individual retirement account). (2) The director may issue rules or orders prescribing the terms and conditions of all transactions and contracts covered by this chapter which are not within the exclusive jurisdiction of the commodity futures trading commission as granted by the commodity exchange act, exempting any person or transaction from any provision of this chapter conditionally or unconditionally and otherwise implementing this chapter for the protection of purchasers and sellers of commodities. [1987 c 243 § 4; 1986 c 14 § 4.] 21.30.050 21.30.050 Commodity merchants—Place for trading commodity contract or option—Requirements. (1) No person may engage in a trade or business or otherwise act as a commodity merchant unless the person (a) is registered or temporarily licensed with the commodity futures trading commission for each activity constituting the person as a commodity merchant and the registration or temporary license has not expired, been suspended, or been revoked; or (b) is exempt from such registration by virtue of the commodity exchange act or a CFTC rule. (2) No board of trade may trade, or provide a place for the trading of, any commodity contract or commodity option required to be traded on or subject to the rules of a contract market designated by the commodity futures trading commission unless the board of trade has been so designated for the commodity contract or commodity option and the designation has not been vacated, suspended, or revoked. [1986 c 14 § 5.] 21.30.060 21.30.060 Prohibited practices. No person may directly or indirectly, in or in connection with the purchase or sale of, the offer to sell, the offer to enter into, or the entry into of, any commodity contract or commodity option subject to RCW 21.30.020, 21.30.030, 21.30.040(1)(b), or 21.30.040(1)(d): (1) Cheat or defraud, or attempt to cheat or defraud, any other person or employ any device, scheme, or artifice to defraud any other person; (2) Make any false report, enter any false record, or make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading; (3) Engage in any transaction, act, practice, or course of business, including, without limitation, any form of advertising or solicitation, that operates or would operate as a fraud or deceit upon any person; or (4) Misappropriate or convert the funds, security, or property of any other person. [1986 c 14 § 6.] (2008 Ed.) Commodity Transactions 21.30.070 Responsibility for acts or omissions—Liability—Burden of proof. (1) The act, omission, or failure of any official, agent, or other person acting for any individual, association, partnership, corporation, or trust within the scope of the person’s employment or office shall be deemed the act, omission, or failure of such individual, association, partnership, corporation, or trust, as well as of such official, agent, or other person. (2) Every person who directly or indirectly controls another person liable under any provision of this chapter, every partner, officer, or director of such other person, every person occupying a similar status or performing similar functions, every employee of such other person who materially aids in the violation is also liable jointly and severally with and to the same extent as such other person, unless the person who is also liable by virtue of this provision sustains the burden of proof that he or she did not know, and in exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist. [1986 c 14 § 7.] 21.30.070 21.30.080 Offers to sell or buy in this state—Application of RCW 21.30.020, 21.30.050, and 21.30.060. (1) RCW 21.30.020, 21.30.050, and 21.30.060 apply to persons who sell or offer to sell when an offer to sell is made in this state or an offer to buy is made and accepted in this state. (2) RCW 21.30.020, 21.30.050, and 21.30.060 apply to persons who buy or offer to buy when an offer to buy is made in this state or an offer to sell is made and accepted in this state. (3) For the purpose of this section, an offer to sell or to buy is made in this state, whether or not either party is then present in this state, when the offer originates from this state or is directed by the offeror to this state and received at the place to which it is directed, or at any post office in this state in the case of a mailed offer. (4) For the purpose of this section, an offer to buy or to sell is accepted in this state when acceptance is communicated to the offeror in this state and has not previously been communicated to the offeror, orally or in writing, outside this state, or whether or not either party is then present in this state, when the offeree directs it to the offeror in this state reasonably believing the offeror to be in this state and it is received at the place to which it is directed, or at any post office in this state in the case of a mailed acceptance. [1986 c 14 § 8.] 21.30.080 21.30.090 When publications or electronic communications not deemed offers to sell or buy in this state. (1) For the purpose of RCW 21.30.080, an offer to sell or to buy is not made in this state when the publisher circulates or there is circulated on his behalf in this state in any bona fide newspaper or other publication of general, regular, and paid circulation, which is not published in this state, an offer to sell or to buy that is reasonably calculated to solicit only persons outside this state and not to solicit persons in this state. (2) For the purpose of RCW 21.30.080, an offer to sell or to buy is not made in this state when a radio or television program or other electronic communication originating outside this state is received in this state and the offer to sell or to buy 21.30.090 (2008 Ed.) 21.30.120 is reasonably calculated to solicit only persons outside this state and not to solicit persons in this state. [1986 c 14 § 9.] 21.30.100 Investigations—Statements—Publication of information. The director in the director’s discretion: (1) May make such public or private investigations, within or without the state, as the director finds necessary or appropriate to determine whether any person has violated, or is about to violate, any provision of this chapter or any rule or order of the director or to aid in enforcement of this chapter; (2) May require or permit any person to file a statement in writing, under oath or otherwise as the director may determine; and (3) May publish information concerning any violation of this chapter or any rule or order under this chapter. [1986 c 14 § 10.] 21.30.100 21.30.110 Investigations—Evidence—Subpoenas— Court orders of compliance. (1) For purposes of any investigation or proceeding under this chapter, the director or any officer or employee designated by the director, may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director finds to be relevant or material to the inquiry. (2) If a person does not give testimony or produce the documents required by the director or a designated employee pursuant to a lawfully issued administrative subpoena, the director or designated employee may apply for a court order compelling compliance with the subpoena or the giving of the required testimony. The request for an order of compliance may be addressed to either: (a) The superior court of Thurston county or the superior court where service may be obtained on the person refusing to testify or produce, if the person is within this state; or (b) the appropriate court of the state having jurisdiction over the person refusing to testify or produce, if the person is outside the state. [1986 c 14 § 11.] 21.30.110 21.30.120 Violations—Director’s authority—Court actions—Penalties. (1) If the director believes, whether or not based upon an investigation conducted under RCW 21.30.100 or 21.30.110, that a person has engaged or is about to engage in an act or practice constituting a violation of this chapter or any rule or order hereunder, the director may: (a) Issue a cease and desist order; (b) Initiate any of the actions specified in subsection (2) of this section; (c) Issue an order imposing a civil penalty in an amount which may not exceed ten thousand dollars for any single violation or one hundred thousand dollars for multiple violations in a single proceeding or a series of related proceedings; or (d) Take disciplinary action against a licensed person as specified in RCW 21.30.350. (2) The director may institute any of the following actions in the appropriate courts of the state, or in the appropriate courts of another state, in addition to any legal or equitable remedies otherwise available: (a) A declaratory judgment; 21.30.120 [Title 21 RCW—page 33] 21.30.130 Title 21 RCW: Securities and Investments (b) An action for a prohibitory or mandatory injunction to enjoin the violation and to ensure compliance with this chapter or any rule or order of the director; (c) An action for disgorgement; or (d) An action for appointment of a receiver or conservator for the defendant or the defendant’s assets. (3) In any action under subsection (2) of this section if the director prevails, the director shall be entitled to costs and to reasonable attorneys’ fees to be fixed by the court. [1986 c 14 § 12.] 21.30.130 Violations—Court-ordered remedies— Penalties—Bond by director not required. (1)(a) Upon a proper showing by the director that a person has violated, or is about to violate, this chapter or any rule or order of the department, the superior court may grant appropriate legal or equitable remedies. (b) Upon showing of violation of this chapter or a rule or order of the director or administrator, the court, in addition to legal and equitable remedies otherwise available, including temporary restraining orders, permanent or temporary prohibitory or mandatory injunctions, and writs of prohibition or mandamus, may grant the following special remedies: (i) Imposition of a civil penalty in an amount which may not exceed ten thousand dollars for any single violation or one hundred thousand dollars for multiple violations in a single proceeding or a series of related proceedings; (ii) Disgorgement; (iii) Declaratory judgment; (iv) Restitution to investors wishing restitution; and (v) Appointment of a receiver or conservator for the defendant or the defendant’s assets. (c) Appropriate remedies when the defendant is shown only about to violate this chapter or a rule or order of the department shall be limited to: (i) A temporary restraining order; (ii) A temporary or permanent injunction; or (iii) A writ of prohibition or mandamus. (2) The court shall not require the director to post a bond in any official action under this chapter. [1986 c 14 § 13.] 21.30.130 21.30.140 Willful violations—Penalty—Limitation on actions. A person who willfully violates this chapter, or who willfully violates a rule or order under this chapter, is guilty of a class B felony and shall upon conviction be fined not more than twenty thousand dollars or imprisoned not more than ten years, or both. However, no person may be imprisoned for the violation of a rule or order if the person proves that he or she had no knowledge of the rule or order. No indictment or information may be returned under this chapter more than five years after the alleged violation. [2003 c 53 § 164; 1986 c 14 § 14.] 21.30.140 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 21.30.150 No liability under chapter for act in good faith. No provision of this chapter imposing any liability applies to any act done or omitted in good faith in conformity with a rule, order, or form adopted by the director, notwithstanding that the rule, order, or form may later be amended, 21.30.150 [Title 21 RCW—page 34] or rescinded, or be determined by judicial or other authority to be invalid for any reason. [1986 c 14 § 15.] 21.30.160 21.30.160 Unlawful use or disclosure of information. Neither the director nor any employee of the director shall use any information which is filed with or obtained by the department which is not public information for personal gain or benefit, nor shall the director nor any employee of the director conduct any securities or commodity dealings whatsoever based upon any such information, even though public, if there has not been a sufficient period of time for the securities or commodity markets to assimilate the information. [1986 c 14 § 17.] 21.30.170 21.30.170 Information—Availability to public— Exceptions. (1) All information collected, assembled, or maintained by the director under this chapter is public information and is available for the examination of the public as provided by chapter 42.56 RCW except the following: (a) Information obtained in private investigations pursuant to RCW 21.30.100 or 21.30.110; (b) Information exempt from public disclosure under chapter 42.56 RCW; and (c) Information obtained from federal or state agencies which may not be disclosed under federal or state law. (2) The director in the director’s discretion may disclose any information made confidential under subsection (1)(a) of this section to persons identified in RCW 21.30.180. (3) No provision of this chapter either creates or derogates from any privilege which exists at common law, by statute, or otherwise when any documentary or other evidence is sought under subpoena directed to the director or any employee of the director. [2005 c 274 § 239; 1986 c 14 § 18.] Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. 21.30.180 21.30.180 Cooperation with other agencies or organizations. (1) To encourage uniform application and interpretation of this chapter and securities and commodities regulation and enforcement in general, the director and the employees of the director may cooperate, including bearing the expense of the cooperation, with the securities agencies or administrators of another jurisdiction, Canadian provinces, or territories or such other agencies administering this chapter or similar statutes, the commodity futures trading commission, the federal securities and exchange commission, any self-regulatory organization established under the commodity exchange act or the securities exchange act of 1934, any national or international organization of commodities or securities officials or agencies, and any governmental law enforcement agency. (2) The cooperation authorized by subsection (1) of this section shall include, but need not be limited to, the following: (a) Making joint examinations or investigations; (b) Holding joint administrative hearings; (c) Filing and prosecuting joint litigation; (d) Sharing and exchanging information and documents; (2008 Ed.) Commodity Transactions (e) Formulating and adopting mutual regulations, statements of policy, guidelines, proposed statutory changes and releases; and (f) Issuing and enforcing subpoenas at the request of the agency administering similar statutes in another jurisdiction, the securities agency of another jurisdiction, the commodity futures trading commission or the federal securities and exchange commission if the information sought would also be subject to lawful subpoena for conduct occurring in this state. [1986 c 14 § 19.] 21.30.190 21.30.190 Consent for service of process—Service, how made. (1) Every applicant for registration under this chapter or person filing a claim of exemption under RCW 21.30.030(7) shall file with the administrator in such form as the administrator by rule prescribes, an irrevocable consent appointing the administrator or successor in office to be his or her attorney to receive service of any lawful process in any noncriminal suit, action, or proceeding against the applicant or successor executor or administrator which arises under this chapter or any rule or order hereunder after the consent has been filed, with the same force and validity as if served personally on the person filing the consent. Service may be made by leaving a copy of the process in the office of the administrator, but it is not effective unless (a) the plaintiff, who may be the administrator in a suit, action, or proceeding instituted by the administrator, forthwith sends notice of the service and a copy of the process by registered mail to the defendant or respondent at the last address on file with the administrator, and (b) the plaintiff’s affidavit of compliance with this subsection is filed in the case on or before the return day of the process, if any, or within such further time as the court allows. (2) If a person, including a nonresident of this state, engages in conduct prohibited or made actionable by this chapter or any rule or order of the director, the engaging in the conduct shall constitute the appointment of the administrator as the person’s attorney to receive service of any lawful process in a noncriminal proceeding against the person, a successor, or personal representative, which arises out of that conduct and which is brought under this chapter or any rule or order of the director with the same force and validity as if served personally. [1987 c 243 § 5; 1986 c 14 § 20.] 21.30.240 (3) If no hearing is requested within the twenty-day period and none is ordered by the director, the statement of charges or summary order will automatically become a final order. (4) If a hearing is requested or ordered, the director, after notice of and opportunity for hearing to all interested persons, may modify or vacate the order or extend it until final determination. (5) No final order or order after hearing may be returned without: (a) Appropriate notice to all interested persons; (b) Opportunity for hearing by all interested persons; and (c) Entry of written findings of fact and conclusions of law. (6) Every hearing in an administrative proceeding under this chapter shall be public unless the director grants a request joined in by all the respondents that the hearing be conducted privately. [1986 c 14 § 21.] 21.30.210 Application of chapter 34.05 RCW, the administrative procedure act. Chapter 34.05 RCW applies to an administrative proceeding carried out by the director under this chapter unless otherwise provided in this chapter. [1986 c 14 § 22.] 21.30.210 21.30.220 Pleading exemptions or exceptions—Burden of proof. It shall not be necessary to negate any of the exemptions, or exceptions from a definition, of this chapter in any complaint, information, or indictment, or any writ or proceeding brought under this chapter; and the burden of proof of any such exemption or exception from a definition shall be on the party claiming the same. [1986 c 14 § 23.] 21.30.220 21.30.230 Application for licensing. An applicant for licensing as a commodity broker-dealer or commodity sales representative shall file with the administrator or the designee of the administrator an application for licensing together with a consent to service of process pursuant to RCW 21.30.190. The application for licensing must contain the information that the administrator determines, by rule, is necessary or appropriate to facilitate the administration of this chapter. [1986 c 14 § 24.] 21.30.230 21.30.240 Fees. (1) An applicant for licensing shall pay a registration fee as follows: (a) For a commodity broker-dealer, two hundred dollars; and for each branch office, one hundred dollars; and (b) For a commodity sales representative, fifty dollars. (2) Except in any year in which a licensing fee is paid, an applicant shall pay an annual fee as follows: (a) For a commodity broker-dealer, one hundred dollars; and for each branch office in this state, fifty dollars; and (b) For a commodity sales representative, thirty-five dollars. (3) For purposes of this section, a branch office means each office of a commodity broker-dealer in this state, other than the principal office in this state of the commodity broker-dealer, from which three or more commodity sales representatives transact business. 21.30.240 21.30.200 21.30.200 Administrative proceedings—Summary order—Notice—Hearing—Final order. (1) The director shall commence an administrative proceeding under this chapter by entering either a statement of charges or a summary order. The statement of charges or summary order may be entered without notice, without opportunity for hearing, and need not be supported by findings of fact or conclusions of law, but must be in writing. (2) Upon entry of the statement of charges or summary order, the director shall promptly inform all interested parties that they have twenty business days from receipt of notice of the statement of charges or the summary order to file a written request for a hearing on the matter with the director and that the hearing will be scheduled to commence within thirty business days after receipt of the written request. (2008 Ed.) [Title 21 RCW—page 35] 21.30.250 Title 21 RCW: Securities and Investments (4) If an application is denied or withdrawn or the license is terminated by revocation, cancellation, or withdrawal, the administrator shall retain the fee paid. [1986 c 14 § 25.] subject to specific limitations and conditions. [1986 c 14 § 29.] 21.30.290 Annual report and fee. For so long as a commodity broker-dealer or commodity sales representative is licensed under this chapter, it shall file an annual report, together with the annual fee specified in RCW 21.30.240(2), with the administrator or the administrator’s designee at a time and including that information that the administrator determines, by rule or order, is necessary or appropriate. [1986 c 14 § 30.] 21.30.290 21.30.250 Examinations—Waiver. (1) The administrator may, by rule or order, impose an examination requirement upon: (a) An applicant applying for licensing under this chapter; and (b) Any class of applicants. (2) Any examination required may be administered by the administrator or a designee of the administrator. Examinations may be oral, written, or both and may differ for each class of applicants. (3) The administrator may, by order, waive any examination requirement imposed pursuant to subsection (1) of this section as to any applicant if the administrator determines that the examination is not necessary in the public interest and for the protection of investors. [1986 c 14 § 26.] 21.30.250 21.30.260 Expiration of licenses—Authority under commodity sales representative license—Notification of changes. (1) The license of a commodity broker-dealer or commodity sales representative expires on December 31 of the year for which issued or at such other time as the administrator may by rule prescribe. (2) The license of a commodity sales representative is only effective with respect to transactions effected as an employee or representative on behalf of the commodity broker-dealer or issuer for whom the commodity sales representative is licensed. (3) When a commodity sales representative begins or terminates association with a commodity broker-dealer or issuer, or begins or terminates activities which make that person a commodity sales representative, the commodity sales representative and the former commodity broker-dealer or issuer on whose behalf the commodity sales representative was acting shall notify promptly the administrator or the administrator’s designee. [1986 c 14 § 27.] 21.30.260 21.30.270 Multiple licenses, when permitted. No person may at any one time act as a commodity sales representative for more than one commodity broker-dealer or one issuer, except (1) where the commodity broker-dealers for whom the commodity sales representative will act are affiliated by direct or indirect common control, a commodity sales representative may represent each of those organizations or (2) where the administrator, by rule or order, authorizes multiple licenses as consistent with the public interest and protection of investors. [1986 c 14 § 28.] 21.30.270 21.30.280 Classification of licenses—Limitations and conditions of licenses. If the administrator determines, by rule, that one or more classifications of licenses as a commodity broker-dealer or commodity sales representative which are subject to limitations and conditions on the nature of the activities which may be conducted by those persons are consistent with the public interest and the protection of investors, the administrator may authorize the licensing of persons 21.30.280 [Title 21 RCW—page 36] 21.30.300 Minimum net capital and fidelity bond requirements. (1)(a) The administrator may, by rule, require a licensed commodity broker-dealer to maintain: (i) Minimum net capital; and (ii) a prescribed ratio between net capital and aggregate indebtedness. The minimum net capital and net capital-to-aggregate indebtedness ratio may vary with type or class of commodity broker-dealer. (b) If a licensed commodity broker-dealer believes, or has reasonable cause to believe, that any requirement imposed on it under this subsection is not being met, it shall promptly notify the administrator of its current financial condition. (2) The administrator may, by rule, require the furnishing of fidelity bonds from commodity broker-dealers. [1986 c 14 § 31.] 21.30.300 21.30.310 Financial and other reports. A licensed commodity broker-dealer shall file financial and other reports that the administrator determines, by rule, are necessary or appropriate. [1986 c 14 § 32.] 21.30.310 21.30.320 Records. (1) A licensed commodity brokerdealer or commodity sales representative shall make and maintain records that the administrator determines, by rule, are necessary or appropriate. (2) Required records may be maintained in computer or microform format or any other form of data storage provided that the records are readily accessible to the administrator. (3) Required records must be preserved for five years unless the administrator, by rule, specifies either a longer or shorter period for a particular type or class of records. [1986 c 14 § 33.] 21.30.320 21.30.330 Correcting amendments of information in application or financial and other reports—Exception. If the information contained in any document filed with the administrator or the administrator’s designee pursuant to RCW 21.30.230 or 21.30.310, except for those documents which the administrator, by rule or order, may exclude from this requirement, is or becomes inaccurate or incomplete in any material respect, the licensed person shall promptly file a correcting amendment, unless notification of the correction has been given under RCW 21.30.260(3). [1986 c 14 § 34.] 21.30.330 21.30.340 Examination of records—Copies—Fees. (1) The administrator, without prior notice, may examine the records and require copies of the records which a licensed commodity broker-dealer or commodity sales representative 21.30.340 (2008 Ed.) Commodity Transactions is required to make and maintain under RCW 21.30.320, within or without this state, in a manner reasonable under the circumstances. Commodity broker-dealers and commodity sales representatives must make their records available to the administrator in a readable form. (2) The administrator may copy records or require a licensed person to copy records and provide the copies to the administrator in a manner reasonable under the circumstances. (3) The administrator may impose reasonable fees for conducting an examination pursuant to this section. [1986 c 14 § 35.] 21.30.350 21.30.350 Denial, suspension, revocation, or limitation of license—Grounds. (1) The administrator may, by order, deny, suspend, or revoke any license or an exemption granted under RCW 21.30.030(7), limit the activities which an applicant or licensed person may perform in this state, conserve any applicant or licensed person, or bar any applicant or licensed person from association with a licensed commodity broker-dealer, if the administrator finds that (a) the order is in the public interest and (b) that the applicant or licensed person or, in the case of a commodity broker-dealer any partner, officer, or director, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling the commodity brokerdealer: (i) Has filed an application for licensing with the administrator or the designee of the administrator which, as of its effective date, or as of any date after filing in the case of an order denying effectiveness, was incomplete in any material respect or contained any statement which was, in light of the circumstances under which it was made, false or misleading with respect to any material fact; (ii)(A) Has violated or failed to comply with a provision of this chapter, a predecessor act, or a rule or order under this chapter or a predecessor act, (B) is the subject of an adjudication or determination within the last five years by a securities agency or administrator or court of competent jurisdiction that the person has wilfully violated the federal securities act of 1933, the securities exchange act of 1934, the investment advisers act of 1940, the investment company act of 1940, or the commodity exchange act, or the securities law of any other state (but only if the acts constituting the violation of that state’s law would constitute a violation of this chapter had the acts taken place in this state); (iii) Has, within the last ten years, pled guilty or nolo contendere to, or been convicted of any crime indicating a lack of fitness to engage in the investment commodities business; (iv) Is permanently or temporarily enjoined by any court of competent jurisdiction from engaging in, or continuing, any conduct or practice indicating a lack of fitness to engage in the investment commodities business; (v) Is the subject of an order of the administrator denying, suspending, or revoking the person’s license as a commodity or securities broker-dealer, securities salesperson or commodity sales representative, or investment adviser or investment adviser salesperson; (2008 Ed.) 21.30.350 (vi) Is the subject of any of the following orders which are currently effective and which were issued within the last five years: (A) An order by a securities agency or administrator of another state, Canadian province or territory, or the federal securities and exchange commission, entered after notice and opportunity for hearing, denying, suspending, or revoking the person’s license as a commodities or securities broker-dealer, sales representative, or investment adviser, or the substantial equivalent of those terms; (B) A suspension or expulsion from membership in or association with a self-regulatory organization registered under the securities exchange act of 1934 or the commodity exchange act; (C) A United States postal service fraud order; (D) A cease and desist order entered after notice and opportunity for hearing by the administrator or the securities agency or administrator of any other state, Canadian province or territory, the securities and exchange commission, or the commodity futures trading commission; (E) An order entered by the commodity futures trading commission denying, suspending, or revoking registration under the commodity exchange act; (vii) Has engaged in any unethical or dishonest conduct or practice in the investment commodities or securities business; (viii) Is insolvent, either in the sense that liabilities exceed assets, or in the sense that obligations cannot be met as they mature; (ix) Is not qualified on the basis of such factors as training, experience, and knowledge of the investment commodities business; (x) Has failed reasonably to supervise sales representatives or employees; or (xi) Has failed to pay the proper filing fee within thirty days after being notified by the administrator of the deficiency. However, the administrator shall vacate any order under (xi) of this subsection when the deficiency has been corrected. An order entered under this subsection shall be governed by subsection (2) of this section and RCW 21.30.200 and 21.30.210. The administrator shall not institute a suspension or revocation proceeding on the basis of a fact or transaction disclosed in the license application unless the proceeding is instituted within the next ninety days following issuance of the license. (2) If the public interest or the protection of investors so requires, the administrator may, by order, summarily suspend a license or postpone the effective date of a license. Upon the entry of the order, the administrator shall promptly notify the applicant or licensed person, as well as the commodity broker-dealer with whom the person is or will be associated if the applicant or licensed person is a commodity sales representative, that an order has been entered and of the reasons therefore and that within twenty days after the receipt of a written request the matter will be set down for hearing. The provisions of RCW 21.30.200 and 21.30.210 apply with respect to all subsequent proceedings. (3) If the administrator finds that any applicant or licensed person is no longer in existence or has ceased to do [Title 21 RCW—page 37] 21.30.360 Title 21 RCW: Securities and Investments business as a commodity broker-dealer or commodity sales representative or is subject to an adjudication of mental incompetence or to the control of a committee, conservator, or guardian, or cannot be located after reasonable search, the administrator may, by order, cancel the application or license. [1987 c 243 § 6; 1986 c 14 § 36.] 21.30.810 Construction and purpose. This chapter may be construed and implemented to effectuate its general purpose to protect investors, to prevent and prosecute illegal and fraudulent schemes involving commodities and to maximize coordination with federal and other states’ law and the administration and enforcement thereof. [1986 c 14 § 42.] 21.30.360 Violations—Prosecuting attorney may bring criminal proceedings. The director may refer such evidence as may be available concerning violations of this chapter or of any rule or order under this chapter to the proper prosecuting attorney, who may in his or her discretion, with or without such a reference, institute the appropriate criminal proceedings under this chapter. [1986 c 14 § 37.] 21.30.900 Severability—1986 c 14. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1986 c 14 § 43.] 21.30.810 21.30.900 21.30.360 21.30.370 Penalties in chapter nonexclusive. Nothing in this chapter limits the power of the state to punish a person for conduct which constitutes a crime by statute or at common law. [1986 c 14 § 38.] 21.30.901 Effective date—1986 c 14. This act shall take effect on October 1, 1986. [1986 c 14 § 46.] 21.30.901 21.30.370 Chapter 21.35 RCW UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION ACT Chapter 21.35 Sections 21.30.380 Administration of chapter under director of financial institutions. The administration of this chapter shall be under the director of the department of financial institutions. [1994 c 92 § 6; 1986 c 14 § 39.] 21.30.380 21.35.005 21.35.010 21.35.015 21.35.020 21.35.025 21.30.390 Administrator—Appointment—Delegation of duties—Term. The director shall appoint a competent person to administer this chapter, who shall be designated the administrator. The director shall delegate to the administrator such powers, subject to the authority of the director, as may be necessary to carry out this chapter. The administrator shall hold office at the pleasure of the director. [1986 c 14 § 16.] 21.30.390 21.35.030 21.35.035 21.35.040 21.35.045 21.35.050 21.35.900 21.35.901 Definitions. Security registered in beneficiary form—Ownership. Registering a security in beneficiary form—Authorization. Registering a security in beneficiary form—Designation of beneficiary. Registering a security in beneficiary form—Words of designation. Designation of a TOD or POD beneficiary—Effect on ownership—Cancellation or change. Death of owner or owners—Ownership passes to beneficiaries. Registering entity—Protection. Transfer on death—Contract—Rights of creditors. Registering entity—Terms and conditions—Forms authorized. Short title—Statutory construction. Application. 21.35.005 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Beneficiary form" means a registration of a security that indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner, referred to as a "beneficiary." (2) "Devisee" means any person designated in a will to receive a disposition of real or personal property. (3) "Heirs" means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent. (4) "Person" means an individual, a corporation, an organization, or other legal entity. (5) "Personal representative" includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. (6) "Property" includes both real and personal property or any interest therein and means anything that may be the subject of ownership. (7) "Register," including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities. 21.35.005 21.30.400 Director’s powers and duties—Rules, forms, and orders—Fees. In addition to specific authority granted elsewhere in this chapter, the director may make, amend, and rescind rules, forms, and orders as are necessary to carry out this chapter. Such rules or forms shall include but need not be limited to rules defining any terms, whether or not used in this chapter, insofar as the definitions are not inconsistent with this chapter. The director may classify commodities, commodity contracts, and commodity options, persons, and matters within the director’s jurisdiction. No rule or form may be made unless the director finds that the action is necessary or appropriate in the public interest or for the protection of the investors and consistent with the purposes intended by the policy and provisions of this chapter. The director may, by rule, establish a schedule of reasonable fees to carry out the purposes of this chapter, such fees to cover the estimated costs of enforcing this chapter. [1986 c 14 § 40.] 21.30.400 21.30.800 Securities laws not affected. Nothing in this chapter shall impair, derogate from, or otherwise affect the authority or powers of the administrator under the securities act of Washington, chapter 21.20 RCW, or the application of any provision thereof to any person or transaction subject thereto. [1986 c 14 § 41.] 21.30.800 [Title 21 RCW—page 38] (2008 Ed.) Uniform Transfer on Death Security Registration Act (8) "Registering entity" means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities. (9) "Security" means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account. (10) "Security account" means (a) a reinvestment account associated with a security; a securities account with a broker; a cash balance in a brokerage account; or cash, cash equivalents, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner’s death; (b) an agency account including, without limitation, an investment management account, investment advisory account, or custody account, with a trust company or a trust division of a bank with trust powers, including the securities in the account; a cash balance in the account; and cash, cash equivalents, interest, earnings, or dividends earned or declared on a security in the account, whether or not credited to the account before the owner’s death; or (c) a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner’s death. (11) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. [2005 c 97 § 14; 2003 c 118 § 1; 1993 c 287 § 1.] 21.35.010 Security registered in beneficiary form— Ownership. Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form shall hold the security as joint tenants with right of survivorship either as separate property or as community property, and not as tenants in common. [1993 c 287 § 2.] 21.35.010 21.35.015 Registering a security in beneficiary form—Authorization. A registering entity may register a security in beneficiary form if the form is authorized by this chapter or a substantially identical statute of another state if the state is: (1) The state of organization of the issuer or registering entity, (2) the location of the registering entity’s principal office, (3) the location of the office of its transfer agent or its office making the registration, or (4) the location of the owner’s listed address at the time of registration. A registration governed by the law of a jurisdiction in which this or substantially identical legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law. [1993 c 287 § 3.] 21.35.015 21.35.020 Registering a security in beneficiary form—Designation of beneficiary. A security, whether evi21.35.020 (2008 Ed.) 21.35.040 denced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of a sole owner or at the death of the last to die of multiple owners. [1993 c 287 § 4.] 21.35.025 Registering a security in beneficiary form—Words of designation. Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD," or by the words "pay on death" or the abbreviation "POD," after the name of the registered owner or owners and before the name of a beneficiary. [1993 c 287 § 5.] 21.35.025 21.35.030 Designation of a TOD or POD beneficiary—Effect on ownership—Cancellation or change. The designation of a TOD or POD beneficiary on a registration in beneficiary form has no effect on ownership of the security until the owner’s death, or on community property rights and obligations of owners. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners, without the consent of the beneficiary. [1993 c 287 § 6.] 21.35.030 21.35.035 Death of owner or owners—Ownership passes to beneficiaries. On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners. [1993 c 287 § 7.] 21.35.035 21.35.040 Registering entity—Protection. (1) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this chapter. (2) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in this chapter. (3) A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of a security in accordance with RCW 21.35.035 and does so in good faith reliance (a) on the registration, (b) on this chapter, and (c) on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary’s representatives, or other information available to the registering entity. The protections of this chapter do not extend to a reregistration or payment made 21.35.040 [Title 21 RCW—page 39] 21.35.045 Title 21 RCW: Securities and Investments after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this chapter. (4) The protection provided by this chapter to a registering entity does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds. [1993 c 287 § 8.] July 25, 1993, by decedents dying on or after July 25, 1993. [1993 c 287 § 12.] 21.35.045 Transfer on death—Contract—Rights of creditors. (1) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this chapter and is not testamentary. (2) This chapter does not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this state. [1993 c 287 § 9.] 21.35.045 21.35.050 Registering entity—Terms and conditions—Forms authorized. (1) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (a) for registrations in beneficiary form, and (b) for implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, and designating beneficiaries. Other rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form may be contained in a registering entity’s terms and conditions. (2) The following are illustrations of registrations in beneficiary form that a registering entity may authorize: (a) Sole owner-sole beneficiary: John S. Brown TOD (or POD) John S. Brown Jr. (b) Multiple owners-sole beneficiary: John S. Brown Mary B. Brown JT TEN TOD John S. Brown Jr. (c) Multiple owners-multiple beneficiaries: John S. Brown Mary B. Brown JT TEN TOD John S. Brown Jr. Peter Q. Brown. [1993 c 287 § 10.] 21.35.050 21.35.900 Short title—Statutory construction. (1) This chapter shall be known as and may be cited as the uniform TOD security registration act. (2) This chapter shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of this chapter among states enacting it. (3) Unless displaced by the particular provisions of this chapter, the principles of law and equity supplement the provisions of this chapter. [1993 c 287 § 11.] 21.35.900 21.35.901 Application. This chapter applies to registrations of securities in beneficiary form made before or after 21.35.901 [Title 21 RCW—page 40] (2008 Ed.) Title 22 Title 22 WAREHOUSING AND DEPOSITS Chapters 22.09 Agricultural commodities. 22.16 Warehouses and elevators—Eminent domain. 22.28 Safe deposit companies. 22.32 General penalties. Chapter 22.09 Chapter 22.09 RCW AGRICULTURAL COMMODITIES Sections 22.09.011 22.09.020 22.09.030 22.09.035 22.09.040 22.09.045 22.09.050 22.09.055 22.09.060 22.09.070 22.09.075 22.09.080 22.09.090 22.09.095 22.09.100 22.09.110 22.09.120 22.09.130 22.09.140 22.09.150 22.09.160 22.09.170 22.09.175 22.09.180 22.09.190 22.09.195 22.09.200 22.09.220 22.09.230 22.09.240 22.09.250 22.09.260 22.09.290 22.09.300 22.09.310 22.09.320 22.09.330 22.09.340 (2008 Ed.) Definitions. Department authority—Rules. Warehouse license or licenses required. Grain dealer license required, exception. Application for warehouse license. Application for grain dealer license. Warehouse license fees—Penalty. Grain dealer—Exempt grain dealers—License fees—Penalty. Bond or certificate of deposit and insurance prerequisite to license—Exemption. Warehouse licenses—Issuance—Posting—Duration. Grain dealer licenses—Issuance—Posting—Duration. Licenses—Denial—Suspension—Revocation. Bond requisites—Certificate of deposit or other security— Additional security—Suspension of license for failure to maintain. Single bond by multiple applicants. Bonds—Duration—Release of surety—Cancellation by surety. Casualty insurance required—Certificate to be filed. Insurance—Cancellation procedure—Suspension of license. Rights and duties of warehousemen—Duty to serve— Receipts—Special binning—Unsuitable commodities—Put through commodities. Rights and duties of licensees—Partial withdrawal—Adjustment or substitution of receipt—Liability to third parties. Rights and duties of warehousemen—Delivery of stored commodities—Damages. Rights and duties of licensees—Disposition of hazardous commodities. Rights and duties of warehousemen—Special disposition of commodities under written order. Presumptions regarding commodities—Approval of contracts. Rights and duties of licensees—Records, contents—Itemized charges. Rights and duties of warehousemen—Rebates, preferences, etc., prohibited. Rights and duties of warehousemen—RCW 22.09.190 inapplicable to contracts with governmental agencies. Rights and duties of licensees—Reports to department. Rights and duties of licensees—Premises, construction and maintenance. Rights and duties of warehouse licensees—Signs—Use of "Washington Bonded Warehouse." Rights and duties of warehousemen—Schedule of rates— Posting—Revision. Rights and duties of warehousemen—Unlawful practices. Deposit of commodities unfit for human consumption— Notice. Warehouse receipts—Required terms. Warehouse receipts—Forms, numbering, printing, bond— Compliance with Article 7 of Title 62A RCW—Confiscation. Warehouse receipts—Dealing in unauthorized receipts prohibited—Penalty. Warehouse receipts—Lost or destroyed receipts. Scale weight tickets not precluded. Examination of receipts and commodities—Request—Fee— Access to bins—Records and accounts—Out-of-state offices. 22.09.345 22.09.350 22.09.361 22.09.371 22.09.381 22.09.391 22.09.405 22.09.411 22.09.416 22.09.421 22.09.426 22.09.431 22.09.436 22.09.441 22.09.446 22.09.451 22.09.456 22.09.461 22.09.466 22.09.471 22.09.520 22.09.570 22.09.580 22.09.590 22.09.600 22.09.610 22.09.615 22.09.620 22.09.630 22.09.640 22.09.650 22.09.660 22.09.710 22.09.720 22.09.730 22.09.740 22.09.750 22.09.760 22.09.770 22.09.780 22.09.790 22.09.800 22.09.810 22.09.820 22.09.830 22.09.840 22.09.850 22.09.860 Inspections—Notice, when issued—Failure to comply, penalty—Court order—Costs, expenses, attorneys’ fees. Remedies of department on discovery of shortage. Seizure of commodities or warehouseman’s records—Department duties—Warehouseman’s remedies—Expenses and attorneys’ fees. Depositor’s lien. Depositors’ claims, processing by department. Depositor’s lien—Liquidation procedure. Grain indemnity fund program—Activation—In lieu of other security. Grain indemnity fund program—Fund established—Contents, deposits, disbursements, use. Grain indemnity fund program—Assessments. Grain indemnity fund program—Initial assessment—Effect on preceding security—New applicants for warehouse or grain dealer licenses. Grain indemnity fund program—Annual assessments—Limitations. Grain indemnity fund program—Additional security. Grain indemnity fund program—Advisory committee. Grain indemnity fund program—Processing of claims. Grain indemnity fund program—Failure to file claim in time. Grain indemnity fund program—Payment limitations. Grain indemnity fund program—Additional payment limitations. Grain indemnity fund program—Payment of claims—Restrictions, priority. Grain indemnity fund program—Debt and obligation of grain dealer or warehouseman—Recovery by director. Grain indemnity fund program—Proceedings against licensee. Deposits as bailments. Action on bond by director—Authorized—Grounds. Action on bond by director—Failure of depositor creditor to file claim upon request—Effect. Action on bond by director—Records as to depositor creditors missing or information incomplete—Effect. Action on bond by director—Powers of director. Action on bond by director—When authorized—New bond, when required—Penalty for failure to file. Action by depositor upon licensee’s bond. Payment for agricultural commodities purchased—Time requirements. Payment violations—Recovery by department—Charges to depositors. Publication and distribution of list of licensed warehouses. Remedies of department as to stations. Emergency storage situation—Forwarding to other warehouses. Designation of inspection points and terminal warehouses. Grades and standards of commodities—Regulations. Inspection or grading of commodities—Methods. Inspection or grading of commodities—File samples, retention. Inspection or grading of commodities—Powers and duties of inspectors at terminal warehouses—Recordkeeping. Inspection or grading of commodities—No inspection if commodity is to be loaded into defective container. Inspection or grading of commodities—Unlawful practices— Penalty. Inspection or grading of commodities. Inspection or grading of commodities—Fees and charges. Inspection or grading of commodities—Scales and weighing. Inspection or grading of commodities—Inspection of commodities shipped to or from places other than inspection points. Inspection or grading of commodities—Unloading commodity without inspection or weighing. Grain inspection revolving fund—Hop inspection fund— Grain warehouse audit account. Fumigated conveyances to be labeled. Railroads to provide side tracks and track scales—Weighing of cars. Police protection of terminal yards and tracks. [Title 22 RCW—page 1] 22.09.011 22.09.870 22.09.880 22.09.890 22.09.895 22.09.900 22.09.910 22.09.920 22.09.930 22.09.940 22.09.941 Title 22 RCW: Warehousing and Deposits Injunctions. Cooperation with governmental agencies and private associations. General penalty. Civil penalty. Continuation of rules adopted pursuant to repealed chapter. Savings—1963 c 124. Construction as to Article 7 of Title 62A RCW. Effective date—1963 c 124. Severability—1963 c 124. Severability—1979 ex.s. c 238. Commodity transactions: Chapter 21.30 RCW. 22.09.011 Definitions. The definitions set forth in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Department" means the department of agriculture of the state of Washington. (2) "Director" means the director of the department or his duly authorized representative. (3) "Person" means a natural person, individual, firm, partnership, corporation, company, society, association, cooperative, two or more persons having a joint or common interest, or any unit or agency of local, state, or federal government. (4) "Agricultural commodities," or "commodities," means: (a) Grains for which inspection standards have been established under the United States grain standards act; (b) pulses and similar commodities for which inspection standards have been established under the agricultural marketing act of 1946; and (c) other similar agricultural products for which inspection standards have been established or which have been otherwise designated by the department by rule for inspection services or the warehousing requirements of this chapter. (5) "Warehouse," also referred to as a public warehouse, means any elevator, mill, subterminal grain warehouse, terminal warehouse, country warehouse, or other structure or enclosure located in this state that is used or useable for the storage of agricultural products, and in which commodities are received from the public for storage, handling, conditioning, or shipment for compensation. The term does not include any warehouse storing or handling fresh fruits and/or vegetables, any warehouse used exclusively for cold storage, or any warehouse that conditions yearly less than three hundred tons of an agricultural commodity for compensation. (6) "Terminal warehouse" means any warehouse designated as a terminal by the department, and located at an inspection point where inspection facilities are maintained by the department and where commodities are ordinarily received and shipped by common carrier. (7) "Subterminal warehouse" means any warehouse that performs an intermediate function in which agricultural commodities are customarily received from dealers rather than producers and where the commodities are accumulated before shipment to a terminal warehouse. (8) "Station" means two or more warehouses between which commodities are commonly transferred in the ordinary course of business and that are (a) immediately adjacent to each other, or (b) located within the corporate limits of any city or town and subject to the same transportation tariff zone, or (c) at any railroad siding or switching area and subject to the same transportation tariff zone, or (d) at one location in the open country off rail, or (e) in any area that can be 22.09.011 [Title 22 RCW—page 2] reasonably audited by the department as a station under this chapter and that has been established as such by the director by rule adopted under chapter 34.05 RCW, or (f) within twenty miles of each other but separated by the border between Washington and Idaho or Oregon when the books and records for the station are maintained at the warehouse located in Washington. (9) "Inspection point" means a city, town, or other place wherein the department maintains inspection and weighing facilities. (10) "Warehouseman" means any person owning, operating, or controlling a warehouse in the state of Washington. (11) "Depositor" means (a) any person who deposits a commodity with a Washington state licensed warehouseman for storage, handling, conditioning, or shipment, or (b) any person who is the owner or legal holder of a warehouse receipt, outstanding scale weight ticket, or other evidence of the deposit of a commodity with a Washington state licensed warehouseman or (c) any producer whose agricultural commodity has been sold to a grain dealer through the dealer’s place of business located in the state of Washington, or any Washington producer whose agricultural commodity has been sold to or is under the control of a grain dealer, whose place of business is located outside the state of Washington. (12) "Historical depositor" means any person who in the normal course of business operations has consistently made deposits in the same warehouse of commodities produced on the same land. In addition the purchaser, lessee, and/or inheritor of such land from the original historical depositor with reference to the land shall be considered a historical depositor with regard to the commodities produced on the land. (13) "Grain dealer" means any person who, through his place of business located in the state of Washington, solicits, contracts for, or obtains from a producer, title, possession, or control of any agricultural commodity for purposes of resale, or any person who solicits, contracts for, or obtains from a Washington producer, title, possession, or control of any agricultural commodity for purposes of resale. (14) "Producer" means any person who is the owner, tenant, or operator of land who has an interest in and is entitled to receive all or any part of the proceeds from the sale of a commodity produced on that land. (15) "Warehouse receipt" means a negotiable or nonnegotiable warehouse receipt as provided for in Article 7 of Title 62A RCW. (16) "Scale weight ticket" means a load slip or other evidence of deposit, serially numbered, not including warehouse receipts as defined in subsection (15) of this section, given a depositor on request upon initial delivery of the commodity to the warehouse and showing the warehouse’s name and state number, type of commodity, weight thereof, name of depositor, and the date delivered. (17) "Put through" means agricultural commodities that are deposited in a warehouse for receiving, handling, conditioning, or shipping, and on which the depositor has concluded satisfactory arrangements with the warehouseman for the immediate or impending shipment of the commodity. (18) "Conditioning" means, but is not limited to, the drying or cleaning of agricultural commodities. (19) "Deferred price contract" means a contract for the sale of commodities that conveys the title and all rights of (2008 Ed.) Agricultural Commodities ownership to the commodities represented by the contract to the buyer, but allows the seller to set the price of the commodities at a later date based on an agreed upon relationship to a future month’s price or some other mutually agreeable method of price determination. Deferred price contracts include but are not limited to those contracts commonly referred to as delayed price, price later contracts, or open price contracts. (20) "Shortage" means that a warehouseman does not have in his possession sufficient commodities at each of his stations to cover the outstanding warehouse receipts, scale weight tickets, or other evidence of storage liability issued or assumed by him for the station. (21) "Failure" means: (a) An inability to financially satisfy claimants in accordance with this chapter and the time limits provided for in it; (b) A public declaration of insolvency; (c) A revocation of license and the leaving of an outstanding indebtedness to a depositor; (d) A failure to redeliver any commodity to a depositor or to pay depositors for commodities purchased by a licensee in the ordinary course of business and where a bona fide dispute does not exist between the licensee and the depositor; (e) A failure to make application for license renewal within sixty days after the annual license renewal date; or (f) A denial of the application for a license renewal. (22) "Original inspection" means an initial, official inspection of a grain or commodity. (23) "Reinspection" means an official review of the results of an original inspection service by an inspection office that performed that original inspection service. A reinspection may be performed either on the basis of the official file sample or a new sample obtained by the same means as the original if the lot remains intact. (24) "Appeal inspection" means, for commodities covered by federal standards, a review of original inspection or reinspection results by an authorized United States department of agriculture inspector. For commodities covered under state standards, an appeal inspection means a review of original or reinspection results by a supervising inspector. An appeal inspection may be performed either on the basis of the official file sample or a new sample obtained by the same means as the original if the lot remains intact. (25) "Exempt grain dealer" means a grain dealer who purchases less than one hundred thousand dollars of covered commodities annually from producers, and operates under the provisions of RCW 22.09.060. [1994 c 46 § 3; 1989 c 354 § 44; 1988 c 254 § 11; 1987 c 393 § 19; 1983 c 305 § 16.] Effective date—1994 c 46: See note following RCW 15.58.070. Severability—1989 c 354: See note following RCW 15.36.012. Severability—1983 c 305: See note following RCW 20.01.010. 22.09.020 Department authority—Rules. The department shall administer and carry out the provisions of this chapter and rules adopted hereunder, and it has the power and authority to: (1) Supervise the receiving, handling, conditioning, weighing, storage, and shipping of all commodities; (2) Supervise the inspection and grading of commodities; 22.09.020 (2008 Ed.) 22.09.030 (3) Approve or disapprove the facilities, including scales, of all warehouses; (4) Approve or disapprove all rates and charges for the handling, storage, and shipment of all commodities; (5) Investigate all complaints of fraud in the operation of any warehouse; (6) Examine, inspect, and audit, during ordinary business hours, any warehouse licensed under this chapter, including all commodities therein and examine, inspect, audit, or record all books, documents, and records; (7) Examine, inspect, and audit during ordinary business hours, all books, documents, and records, and examine, inspect, audit, or record records of any grain dealer licensed hereunder at the grain dealer’s principal office or headquarters; (8) Inspect at reasonable times any warehouse or storage facility where commodities are received, handled, conditioned, stored, or shipped, including all commodities stored therein and all books, documents, and records in order to determine whether or not such facility should be licensed pursuant to this chapter; (9) Inspect at reasonable times any grain dealer’s books, documents, and records in order to determine whether or not the grain dealer should be licensed under this chapter; (10) Administer oaths and issue subpoenas to compel the attendance of witnesses, and/or the production of books, documents, and records anywhere in the state pursuant to a hearing relative to the purpose and provisions of this chapter. Witnesses shall be entitled to fees for attendance and travel, as provided in chapter 2.40 RCW; (11) Adopt rules establishing inspection standards and procedures for grains and commodities; (12) Adopt rules regarding the identification of commodities by the use of confetti or other similar means so that such commodities may be readily identified if stolen or removed in violation of the provisions of this chapter from a warehouse or if otherwise unlawfully transported; (13) Adopt all the necessary rules for carrying out the purpose and provisions of this chapter. The adoption of rules under the provisions of this chapter shall be subject to the provisions of chapter 34.05 RCW, the Administrative Procedure Act. When adopting rules in respect to the provisions of this chapter, the director shall hold a public hearing and shall to the best of his ability consult with persons and organizations or interests who will be affected thereby, and any final rule adopted as a result of the hearing shall be designed to promote the provisions of this chapter and shall be reasonable and necessary and based upon needs and conditions of the industry, and shall be for the purpose of promoting the wellbeing of the industry to be regulated and the general welfare of the people of the state. [1989 c 354 § 45; 1983 c 305 § 17; 1963 c 124 § 2.] Severability—1989 c 354: See note following RCW 15.36.012. Severability—1983 c 305: See note following RCW 20.01.010. 22.09.030 Warehouse license or licenses required. It shall be unlawful for any person to operate a warehouse in the state of Washington without first having obtained an annual license from the department, but this chapter shall not apply to warehouses that are federally licensed under the provisions 22.09.030 [Title 22 RCW—page 3] 22.09.035 Title 22 RCW: Warehousing and Deposits of 7 USC 241 et seq. for the handling and storage of agricultural commodities. A separate license shall be required for each warehouse that a person intends to operate, but any person operating two or more warehouses that constitute a station may license the warehouses under one state license. All the assets of a given station that is licensed under one state license are subject to all the liabilities of that station and for the purposes of this chapter shall be treated as a single warehouse, requiring all the stocks and obligations of the warehouses at a given station to be treated as a unit for all purposes including, but not limited to, issuance of warehouse receipts and receipt and delivery of commodities for handling, conditioning, storage, or shipment. [1983 c 305 § 18; 1975 1st ex.s. c 7 § 20; 1963 c 124 § 3.] Severability—1983 c 305: See note following RCW 20.01.010. 22.09.035 Grain dealer license required, exception. It is unlawful for any person to operate as a grain dealer in the state of Washington without first having obtained an annual license from the department. This chapter does not apply to a grain dealer that is licensed for dealing in agricultural commodities under federal law. [1983 c 305 § 19.] 22.09.035 Severability—1983 c 305: See note following RCW 20.01.010. 22.09.040 Application for warehouse license. Application for a license to operate a warehouse under the provisions of this chapter shall be on a form prescribed by the department and shall include: (1) The full name of the person applying for the license and whether the applicant is an individual, partnership, association, corporation, or other entity; (2) The full name of each member of the firm or partnership, or the names of the officers of the company, society, cooperative association, or corporation; (3) The principal business address of the applicant in the state and elsewhere; (4) The name or names of the person or persons authorized to receive and accept service of summons and legal notices of all kinds for the applicant; (5) Whether the applicant has also applied for or has been issued a grain dealer license under the provisions of this chapter; (6) The location of each warehouse the applicant intends to operate and the location of the headquarters or main office of the applicant; (7) The bushel storage capacity of each such warehouse to be licensed; (8) The schedule of fees to be charged at each warehouse for the handling, conditioning, storage, and shipment of all commodities during the licensing period; (9) A financial statement to determine the net worth of the applicant to determine whether or not the applicant meets the minimum net worth requirements established by the director pursuant to chapter 34.05 RCW. All financial statement information required by this subsection shall be confidential information not subject to public disclosure; (10) Whether the application is for a terminal, subterminal, or country warehouse license; (11) Whether the applicant has previously been denied a grain dealer or warehouseman license or whether the appli22.09.040 [Title 22 RCW—page 4] cant has had either license suspended or revoked by the department; (12) Any other reasonable information the department finds necessary to carry out the purpose and provisions of this chapter. [1987 c 393 § 17; 1983 c 305 § 20; 1979 ex.s. c 238 § 13; 1975 1st ex.s. c 7 § 21; 1963 c 124 § 4.] Severability—1983 c 305: See note following RCW 20.01.010. 22.09.045 Application for grain dealer license. Application for a license to operate as a grain dealer under the provisions of this chapter shall be on a form prescribed by the department and shall include: (1) The full name of the person applying for the license and whether the applicant is an individual, partnership, association, corporation, or other entity; (2) The full name of each member of the firm or partnership, or the names of the officers of the company, society, cooperative association, or corporation; (3) The principal business address of the applicant in the state and elsewhere; (4) The name or names of the person or persons in this state authorized to receive and accept service of summons and legal notices of all kinds for the applicant; (5) Whether the applicant has also applied for or has been issued a warehouse license under this chapter; (6) The location of each business location from which the applicant intends to operate as a grain dealer in the state of Washington whether or not the business location is physically within the state of Washington, and the location of the headquarters or main office of the application; (7) A financial statement to determine the net worth of the applicant to determine whether or not the applicant meets the minimum net worth requirements established by the director under chapter 34.05 RCW. However, if the applicant is a subsidiary of a larger company, corporation, society, or cooperative association, both the parent company and the subsidiary company must submit a financial statement to determine whether or not the applicant meets the minimum net worth requirements established by the director under chapter 34.05 RCW. All financial statement information required by this subsection shall be confidential information not subject to public disclosure; (8) Whether the applicant has previously been denied a grain dealer or warehouseman license or whether the applicant has had either license suspended or revoked by the department; (9) Any other reasonable information the department finds necessary to carry out the purpose and provisions of this chapter. [1987 c 393 § 18; 1983 c 305 § 21.] 22.09.045 Severability—1983 c 305: See note following RCW 20.01.010. 22.09.050 Warehouse license fees—Penalty. Any application for a license to operate a warehouse shall be accompanied by a license fee of one thousand three hundred fifty dollars for a terminal warehouse, one thousand fifty dollars for a subterminal warehouse, and five hundred dollars for a country warehouse. If a licensee operates more than one warehouse under one state license as provided for in RCW 22.09.030, the license fee shall be computed by multiplying the number of physically separated warehouses within the 22.09.050 (2008 Ed.) Agricultural Commodities station by the applicable terminal, subterminal, or country warehouse license fee. If an application for renewal of a warehouse license or licenses is not received by the department prior to the renewal date or dates established by the director by rule, a penalty of fifty dollars for the first week and one hundred dollars for each week thereafter shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license may be issued. This penalty does not apply if the applicant furnishes an affidavit certifying that he has not acted as a warehouseman subsequent to the expiration of his or her prior license. [1997 c 303 § 6; 1994 c 46 § 4; 1991 c 109 § 25; 1986 c 203 § 13; 1983 c 305 § 22; 1979 ex.s. c 238 § 14; 1963 c 124 § 5.] Effective date—1997 c 303 §§ 6 and 7: "Sections 6 and 7 of this act take effect July 1, 1998." [1997 c 303 § 8.] Findings—1997 c 303: See note following RCW 43.135.055. Effective date—1994 c 46: See note following RCW 15.58.070. Severability—1986 c 203: See note following RCW 15.17.230. Severability—1983 c 305: See note following RCW 20.01.010. 22.09.055 Grain dealer—Exempt grain dealers— License fees—Penalty. An application for a license to operate as a grain dealer shall be accompanied by a license fee of seven hundred fifty dollars. The license fee for exempt grain dealers shall be three hundred dollars. If an application for renewal of a grain dealer or exempt grain dealer license is not received by the department before the renewal date or dates established by the director by rule, a penalty of fifty dollars for the first week and one hundred dollars for each week thereafter shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license may be issued. This penalty does not apply if the applicant furnishes an affidavit certifying that he has not acted as a grain dealer or exempt grain dealer after the expiration of his or her prior license. [1997 c 303 § 7; 1994 c 46 § 5; 1991 c 109 § 26; 1988 c 95 § 1; 1986 c 203 § 14; 1983 c 305 § 23.] 22.09.055 Effective date—1997 c 303 §§ 6 and 7: See note following RCW 22.09.050. Findings—1997 c 303: See note following RCW 43.135.055. Effective date—1994 c 46: See note following RCW 15.58.070. 22.09.090 tion. [1988 c 95 § 2; 1987 c 509 § 1; 1983 c 305 § 24; 1975 1st ex.s. c 7 § 22; 1963 c 124 § 6.] Severability—1987 c 509: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1987 c 509 § 22.] Severability—1983 c 305: See note following RCW 20.01.010. 22.09.070 Warehouse licenses—Issuance—Posting— Duration. The department shall issue a warehouse license to an applicant upon its determination that the applicant has facilities adequate for handling and storage of commodities and, if applicable, conditioning, and that the application is in the proper form and upon approval of the matters contained on the application and upon a showing that the applicant has complied with the provisions of this chapter and rules adopted hereunder. The licensee shall immediately upon receipt of the license post it in a conspicuous place in the office of the licensed warehouse or if a station license, in the main office at the station. The license automatically expires on the date set by rule by the director unless it has been revoked, canceled, or suspended by the department before that date. Fees shall be prorated where necessary to accommodate the staggering of renewal dates of a license or licenses. [1991 c 109 § 27; 1983 c 305 § 25; 1963 c 124 § 7.] 22.09.070 Severability—1983 c 305: See note following RCW 20.01.010. 22.09.075 Grain dealer licenses—Issuance—Posting—Duration. The department shall issue a grain dealer license to an applicant upon its determination that the application is in its proper form and upon approval of the matters contained on the application and upon a showing that the applicant has complied with the provisions of this chapter and rules adopted hereunder. The licensee shall immediately upon receipt of the license post it in a conspicuous place in its principal place of business. The license expires automatically on a date set by rule by the director unless it has been revoked, canceled, or suspended by the department before that date. Fees shall be prorated where necessary in order to accommodate staggered renewal of a license or licenses. [1991 c 109 § 28; 1983 c 305 § 26.] 22.09.075 Severability—1983 c 305: See note following RCW 20.01.010. Severability—1986 c 203: See note following RCW 15.17.230. 22.09.080 Licenses—Denial—Suspension—Revocation. The department is authorized to deny, suspend, or revoke a license after a hearing in any case in which it is determined that there has been a violation or refusal to comply with the requirements of this chapter, rules adopted hereunder, or the provisions of Article 7 of Title 62A RCW as enacted or hereafter amended. All hearings for the denial, suspension, or revocation of a license shall be subject to chapter 34.05 RCW (Administrative Procedure Act) as enacted or hereafter amended. [1979 ex.s. c 238 § 15; 1963 c 124 § 8.] 22.09.080 Severability—1983 c 305: See note following RCW 20.01.010. 22.09.060 Bond or certificate of deposit and insurance prerequisite to license—Exemption. Except as provided in RCW 22.09.405(2), no warehouse or grain dealer license may be issued to an applicant before a bond, certificate of deposit, or other security is given to the department as provided in RCW 22.09.090, or in RCW 22.09.095. No warehouse license may be issued to an applicant before a certificate of insurance as provided in RCW 22.09.110 has been filed with the department. Grain dealers may be exempted by rule from the bonding requirement if the grain dealer does not do more than one hundred thousand dollars in business annually and makes payments solely in coin or currency of the United States at the time of obtaining possession or control of grain. However, a cashier’s check, certified check, or bankdraft may be considered as cash for purposes of this sec22.09.060 (2008 Ed.) 22.09.090 Bond requisites—Certificate of deposit or other security—Additional security—Suspension of license for failure to maintain. (1) An applicant for a warehouse or grain dealer license pursuant to the provisions of this chapter shall give a bond to the state of Washington executed 22.09.090 [Title 22 RCW—page 5] 22.09.095 Title 22 RCW: Warehousing and Deposits by the applicant as the principal and by a corporate surety licensed to do business in this state as surety. (2) The bond required under this section for the issuance of a warehouse license shall be in the sum of not less than fifty thousand dollars nor more than seven hundred fifty thousand dollars. The department shall, after holding a public hearing, determine the amount that will be required for the warehouse bond which shall be computed at a rate of not less than fifteen cents nor more than thirty cents per bushel multiplied by the number of bushels of licensed commodity storage capacity of the warehouses of the applicant furnishing the bond. The applicant for a warehouse license may give a single bond meeting the requirements of this chapter, and all warehouses operated by the warehouseman are deemed to be one warehouse for the purpose of the amount of the bond required under this subsection. Any change in the capacity of a warehouse or addition of any new warehouse involving a change in bond liability under this chapter shall be immediately reported to the department. (3) The bond required under this section for the issuance of a grain dealer license shall be in the sum of not less than fifty thousand dollars nor more than seven hundred fifty thousand dollars. The department shall, after holding a public hearing, determine the amount that will be required for the dealer bond which shall be computed at a rate not less than six percent nor more than twelve percent of the sales of agricultural commodities purchased by the dealer from producers during the dealer’s last completed fiscal year or in the case of a grain dealer who has been engaged in business as a grain dealer less than one year, the estimated aggregate dollar amount to be paid by the dealer to producers for agricultural commodities to be purchased by the dealer during the dealer’s first fiscal year. (4) An applicant making application for both a warehouse license and a grain dealer license may satisfy the bonding requirements set forth in subsections (2) and (3) of this section by giving to the state of Washington a single bond for the issuance of both licenses, which bond shall be in the sum of not less than fifty thousand dollars nor more than seven hundred fifty thousand dollars. The department shall, after holding a public hearing, determine the amount of the bond which shall be computed at a rate of not less than fifteen cents nor more than thirty cents per bushel multiplied by the number of bushels of licensed commodity storage capacity of the warehouses of the applicant furnishing the bond, or at the rate of not less than six percent nor more than twelve percent of the gross sales of agricultural commodities of the applicant whichever is greater. (5) The bonds required under this chapter shall be approved by the department and shall be conditioned upon the faithful performance by the licensee of the duties imposed upon him by this chapter. If a person has applied for warehouse licenses to operate two or more warehouses in this state, the assets applicable to all warehouses, but not the deposits except in case of a station, are subject to the liabilities of each. The total and aggregate liability of the surety for all claims upon the bond is limited to the face amount of the bond. (6) Any person required to submit a bond to the department under this chapter has the option to give the department a certificate of deposit or other security acceptable to the [Title 22 RCW—page 6] department payable to the director as trustee, in lieu of a bond or a portion thereof. The principal amount of the certificate or other security shall be the same as that required for a surety bond under this chapter or may be in an amount which, when added to the bond, will satisfy the licensee’s requirements for a surety bond under this chapter, and the interest thereon shall be made payable to the purchaser of the certificate or other security. The certificate of deposit or other security shall remain on deposit until it is released, canceled, or discharged as provided for by rule of the department. The provisions of this chapter that apply to a bond required under this chapter apply to each certificate of deposit or other security given in lieu of such a bond. (7) The department may, when it has reason to believe that a grain dealer does not have the ability to pay producers for grain purchased, or when it determines that the grain dealer does not have a sufficient net worth to outstanding financial obligations ratio, or when it believes there may be claims made against the bond in excess of the face amount of the bond, require a grain dealer to post an additional bond in a dollar amount deemed appropriate by the department or may require an additional certificate of deposit or other security. The additional bonding or other security may exceed the maximum amount of the bond otherwise required under this chapter. Failure to post the additional bond, certificate of deposit, or other security constitutes grounds for suspension or revocation of a license issued under this chapter. (8) Notwithstanding any other provisions of this chapter, the license of a warehouseman or grain dealer shall automatically be suspended in accordance with RCW 22.09.100 for failure at any time to have or to maintain a bond, certificate of deposit, or other security or combination thereof in the amount and type required by this chapter. The department shall remove the suspension or issue a license as the case may be, when the required bond, certificate of deposit, or other security has been obtained. [1987 c 509 § 2; 1983 c 305 § 27; 1975 1st ex.s. c 7 § 23; 1969 ex.s. c 132 § 2; 1963 c 124 § 9.] Severability—1987 c 509: See note following RCW 22.09.060. Severability—1983 c 305: See note following RCW 20.01.010. Grain indemnity fund program: See RCW 22.09.405 through 22.09.471. 22.09.095 Single bond by multiple applicants. (1) Two or more applicants for a warehouse or grain dealer license may provide a single bond to the state of Washington, executed by a corporate surety licensed to do business in this state and designating each of the applicants as a principal on said bond. (2) The department shall promulgate rules establishing the amount of the bond required under this section. In no event shall that amount be less than ten percent of the aggregate amount of each of the bonds that would be required of the applicants under RCW 22.09.090 or less than the amount that would be required under RCW 22.09.090 for the applicant having the highest bond requirement under that section. [1987 c 509 § 3.] 22.09.095 Severability—1987 c 509: See note following RCW 22.09.060. Grain indemnity fund program: See RCW 22.09.405 through 22.09.471. 22.09.100 Bonds—Duration—Release of surety— Cancellation by surety. (1) Every bond filed with and 22.09.100 (2008 Ed.) Agricultural Commodities approved by the department shall without the necessity of periodic renewal remain in force and effect until such time as the warehouseman or grain dealer license of each principal on the bond is revoked or otherwise canceled. (2) The surety on a bond, as provided in this chapter, shall be released and discharged from all liability to the state, as to a principal whose license is revoked or canceled, which liability accrues after the expiration of thirty days from the effective date of the revocation or cancellation of the license. The surety on a bond under this chapter shall be released and discharged from all liability to the state accruing on the bond after the expiration of ninety days from the date upon which the surety lodges with the department a written request to be released and discharged. Nothing in this section shall operate to relieve, release, or discharge the surety from any liability which accrues before the expiration of the respective thirty or ninety-day period. In the event of a cancellation by the surety, the surety shall simultaneously send the notification of cancellation in writing to any other governmental agency requesting it. Upon receiving any such request, the department shall promptly notify the principal or principals who furnished the bond, and unless the principal or principals file a new bond on or before the expiration of the respective thirty or ninety-day period, the department shall forthwith cancel the license of the principal or principals whose bond has been canceled. [1987 c 509 § 4; 1983 c 305 § 28; 1963 c 124 § 10.] Severability—1987 c 509: See note following RCW 22.09.060. Severability—1983 c 305: See note following RCW 20.01.010. 22.09.110 Casualty insurance required—Certificate to be filed. All commodities in storage in a warehouse shall be kept fully insured for the current market value of the commodity for the license period against loss by fire, lightning, internal explosion, windstorm, cyclone, and tornado. Evidence of the insurance coverage in the form of a certificate of insurance approved by the department shall be filed by the warehouseman with the department at the time of making application for an annual license to operate a warehouse as required by this chapter. The department shall not issue a license until the certificate of insurance is received. [1983 c 305 § 29; 1963 c 124 § 11.] 22.09.110 Severability—1983 c 305: See note following RCW 20.01.010. 22.09.120 Insurance—Cancellation procedure—Suspension of license. (1) Upon the existence of an effective policy of insurance as required in RCW 22.09.110, the insurance company involved shall be required to give thirty days’ advance notice to the department by registered mail or certified mail return receipt requested of any cancellation of the policy. In the event of any cancellation, the department, without hearing, shall immediately suspend the license of such person, and the suspension shall not be removed until satisfactory evidence of the existence of an effective policy of insurance, conditioned as above set out, has been submitted to the department. [1963 c 124 § 12.] 22.09.120 22.09.150 or shipment, so far as the capacity and facilities of his warehouse will permit, all commodities included in the provisions of this chapter, in suitable condition for storage, tendered him in the usual course of business from historical depositors and shall issue therefor a warehouse receipt or receipts in a form prescribed by the department as provided in this chapter or a scale weight ticket. Warehousemen may accept agricultural commodities from new depositors who qualify to the extent of the capacity of that warehouse. The deposit for handling, conditioning, storage, or shipment of the commodity must be credited to the depositor in the books of the warehouseman as soon as possible, but in no event later than seven days from the date of the deposit. If the commodity has been graded a warehouse receipt shall be issued within ten days after demand by the owner. (2) If requested by the depositor, each lot of his commodity shall be kept in a special pile or special bin, if available, but in the case of a bulk commodity, if the lot or any portion of it does not equal the capacity of any available bin, the depositor may exercise his option to require the commodity to be specially binned only on agreement to pay charges based on the capacity of the available bin most nearly approximating the required capacity. (3) A warehouseman may refuse to accept for storage, commodities that are wet, damaged, insect-infested, or in other ways unsuitable for storage. (4) Terminal and subterminal warehousemen shall receive put through agricultural commodities to the extent satisfactory transportation arrangements can be made, but may not be required to receive agricultural commodities for storage. [1983 c 305 § 30; 1981 c 296 § 38; 1979 ex.s. c 238 § 16; 1963 c 124 § 13.] Severability—1983 c 305: See note following RCW 20.01.010. Severability—1981 c 296: See note following RCW 15.08.010. 22.09.140 Rights and duties of licensees—Partial withdrawal—Adjustment or substitution of receipt—Liability to third parties. (1) When partial withdrawal of his commodity is made by a depositor, the warehouseman shall make appropriate notation thereof on the depositor’s nonnegotiable receipt or on other records, or, if the warehouseman has issued a negotiable receipt to the depositor, he shall claim, cancel, and replace it with a negotiable receipt showing the amount of such depositor’s commodity remaining in the warehouse, and for his failure to claim and cancel, upon delivery to the owner of a commodity stored in his warehouse, a negotiable receipt issued by him, the negotiation of which would transfer the right to possession of such commodity, a warehouseman shall be liable to anyone who purchases such receipt for value and in good faith, for failure to deliver to him all the commodity specified in the receipt, whether such purchaser acquired title to the negotiable receipt before or after delivery of any part of the commodity by the warehouseman. [1963 c 124 § 14.] 22.09.140 22.09.150 Rights and duties of warehousemen— Delivery of stored commodities—Damages. (1) The duty of the warehouseman to deliver the commodities in storage is governed by the provisions of this chapter and the requirements of Article 7 of Title 62A RCW. Upon the return of the 22.09.150 22.09.130 Rights and duties of warehousemen—Duty to serve—Receipts—Special binning—Unsuitable commodities—Put through commodities. (1) Every warehouseman shall receive for handling, conditioning, storage, 22.09.130 (2008 Ed.) [Title 22 RCW—page 7] 22.09.160 Title 22 RCW: Warehousing and Deposits receipt to the proper warehouseman, properly endorsed, and upon payment or tender of all advances and legal charges, the warehouseman shall deliver commodities of the grade and quantity named upon the receipt to the holder of the receipt, except as provided by Article 7 of Title 62A RCW. (2) A warehouseman’s duty to deliver any commodity is fulfilled if delivery is made pursuant to the contract with the depositor or if no contract exists, then to the several owners in the order of demand as rapidly as it can be done by ordinary diligence. Where delivery is made within forty-eight hours excluding Saturdays, Sundays, and legal holidays after facilities for receiving the commodity are provided, the delivery is deemed to comply with this subsection. (3) No warehouseman may fail to deliver a commodity as provided in this section, and delivery shall be made at the warehouse or station where the commodity was received unless the warehouseman and depositor otherwise agree in writing. (4) In addition to being subject to penalties provided in this chapter for a violation of this section, if a warehouseman unreasonably fails to deliver commodities within the time as provided in this section, the person entitled to delivery of the commodity may maintain an action against the warehouseman for any damages resulting from the warehouseman’s unreasonable failure to so deliver. In any such action the person entitled to delivery of the commodity has the option to seek recovery of his actual damages or liquidated damages of one-half of one percent of the value for each day’s delay after the forty-eight hour period. [1983 c 305 § 31; 1979 ex.s. c 238 § 17; 1963 c 124 § 15.] Severability—1983 c 305: See note following RCW 20.01.010. 22.09.160 22.09.160 Rights and duties of licensees—Disposition of hazardous commodities. (1) If a warehouseman discovers that as a result of a quality or condition of a certain commodity placed in his warehouse, including identity preserved commodities as provided for in RCW 22.09.130(2), of which he had no notice at the time of deposit, such commodity is a hazard to other commodities or to persons or to the warehouse he may notify the depositor that it will be removed. If the depositor does not accept delivery of such commodity upon removal the warehouseman may sell the commodity at public or private sale without advertisement but with reasonable notification of the sale to all persons known to claim an interest in the commodity. If the warehouseman after a reasonable effort is unable to sell the commodity, he may dispose of it in any other lawful manner and shall incur no liability by reason of such disposition. (2) At any time prior to sale or disposition as authorized in this section, the warehouseman shall deliver the commodity to any person entitled to it, upon proper demand and payment of charges. (3) From the proceeds of sale or other disposition of the commodity the warehouseman may satisfy his charges for which otherwise he would have a lien, and shall hold the balance thereof for delivery on the demand of any person to whom he would have been required to deliver the commodity. [1963 c 124 § 16.] [Title 22 RCW—page 8] 22.09.170 Rights and duties of warehousemen—Special disposition of commodities under written order. If the owner of the commodity or his authorized agent gives or furnishes to a licensed warehouseman a written instruction or order, and if the order is properly made a part of the warehouseman’s records and is available for departmental inspection, then the warehouseman: (1) May receive the commodity for the purpose of processing or conditioning; (2) May receive the commodity for the purpose of shipping by the warehouseman for the account of the depositor; (3) May accept an agricultural commodity delivered as seed and handle it pursuant to the terms of a contract with the depositor and the contract shall be considered written instructions pursuant to this section. [1983 c 305 § 32; 1963 c 124 § 17.] 22.09.170 Severability—1983 c 305: See note following RCW 20.01.010. 22.09.175 Presumptions regarding commodities— Approval of contracts. (1) A commodity deposited with a warehouseman without a written agreement for sale of the commodity to the warehouseman shall be handled and considered to be a commodity in storage. (2) A presumption is hereby created that in all written agreements for the sale of commodities, the intent of the parties is that title and ownership to the commodities shall pass on the date of payment therefor. This presumption may only be rebutted by a clear statement to the contrary in the agreement. (3) Any warehouseman or grain dealer entering into a deferred price contract with a depositor shall first have the form of the contract approved by the director. The director shall adopt rules setting forth the standards for approval of the contracts. [1983 c 305 § 33.] 22.09.175 Severability—1983 c 305: See note following RCW 20.01.010. 22.09.180 Rights and duties of licensees—Records, contents—Itemized charges. (1) The licensee shall maintain complete records at all times with respect to all agricultural commodities handled, stored, shipped, or merchandised by him, including commodities owned by him. The department shall adopt rules specifying the minimum record-keeping requirements necessary to comply with this section. (2) The licensee shall maintain an itemized statement of any charges paid by the depositor. [1983 c 305 § 34; 1975 1st ex.s. c 7 § 24; 1963 c 124 § 18.] 22.09.180 Severability—1983 c 305: See note following RCW 20.01.010. 22.09.190 Rights and duties of warehousemen— Rebates, preferences, etc., prohibited. No warehouseman subject to the provisions of this chapter may: (1) Directly or indirectly, by any special charge, rebate, drawback, or other device, demand, collect, or receive from any person a greater or lesser compensation for any service rendered or to be rendered in the handling, conditioning, storage, or shipment of any commodity than he demands, collects, or receives from any other person for doing for him a like and contemporaneous service in the handling, conditioning, storage, or shipment of any commodity under substantially similar circumstances or conditions; 22.09.190 (2008 Ed.) Agricultural Commodities (2) Make or give any undue or unreasonable preference or advantage to any person in any respect whatsoever; (3) Subject any particular person to any undue or unreasonable prejudice or disadvantage in any respect whatsoever. [1983 c 305 § 35; 1963 c 124 § 19.] Severability—1983 c 305: See note following RCW 20.01.010. 22.09.195 Rights and duties of warehousemen— RCW 22.09.190 inapplicable to contracts with governmental agencies. RCW 22.09.190 does not apply to contracts entered into with a governmental agency, state or federal, for the handling, conditioning, storage, or shipping of agricultural commodities. [1983 c 305 § 36; 1979 ex.s. c 238 § 24.] 22.09.195 Severability—1983 c 305: See note following RCW 20.01.010. 22.09.200 Rights and duties of licensees—Reports to department. Each licensee shall report information to the department at such times and as may be reasonably required by the department for the necessary enforcement and supervision of a sound, reasonable, and efficient commodity inspection program for the protection of depositors of commodities and for persons or agencies who deal in commodities. [1983 c 305 § 37; 1963 c 124 § 20.] 22.09.200 Severability—1983 c 305: See note following RCW 20.01.010. 22.09.220 Rights and duties of licensees—Premises, construction and maintenance. A warehouse or station shall be constructed and maintained in a manner adequate to carry out the provisions of this chapter. [1963 c 124 § 22.] 22.09.220 22.09.230 Rights and duties of warehouse licensees— Signs—Use of "Washington Bonded Warehouse." Every warehouse licensee shall post at or near the main entrance to each of his warehouses a sign as prescribed by the department which shall include the words "Washington Bonded Warehouse." It is unlawful to display such sign or any sign of similar appearance or bearing the same words, or words of similar import, when the warehouse is not licensed and bonded under this chapter. [1983 c 305 § 39; 1963 c 124 § 23.] 22.09.230 Severability—1983 c 305: See note following RCW 20.01.010. 22.09.290 (2) Issue warehouse receipts in excess of the amount of the commodities held in the licensee’s warehouse to cover the receipt; (3) Remove, deliver, direct, assist, or permit any person to remove, or deliver any commodity from any warehouse for which warehouse receipts have been issued and are outstanding without receiving and canceling the warehouse receipt issued therefor; (4) Sell, encumber, ship, transfer, or in any manner remove or permit to be shipped, transferred, or removed from a warehouse any commodity received by him for deposit, handling, conditioning, or shipment, for which scale weight tickets have been issued without the written approval of the holder of the scale weight ticket and such transfer shall be shown on the individual depositor’s account and the inventory records of the warehouseman; (5) Remove, deliver, direct, assist, or permit any person to deliver, or remove any commodities from any warehouse, whereby the amount of any fairly representative grade or class of any commodity in the warehouses of the licensee is reduced below the amount for which warehouse receipts or scale weight tickets for the particular commodity are outstanding; (6) Issue a warehouse receipt showing a grade or description different from the grade or description of the commodity delivered; (7) Issue a warehouse receipt or scale weight ticket that exceeds the amount of the actual quantity of commodities delivered for storage; (8) Fail to deliver commodities pursuant to RCW 22.09.150 upon demand of the depositor; (9) Knowingly accept for storage any commodity destined for human consumption that has been contaminated with an agricultural pesticide or filth rendering it unfit for human consumption, if the commodities are commingled with any uncontaminated commodity; (10) Terminate storage of a commodity in his warehouse without giving thirty days’ written notice to the depositor. [1983 c 305 § 41; 1963 c 124 § 25.] Severability—1983 c 305: See note following RCW 20.01.010. 22.09.260 Deposit of commodities unfit for human consumption—Notice. No depositor may knowingly deliver for handling, conditioning, storage, or shipment any commodity treated with an agricultural pesticide or contaminated with filth rendering it unfit for human consumption without first notifying the warehouseman. [1983 c 305 § 42; 1963 c 124 § 26.] 22.09.260 22.09.240 Rights and duties of warehousemen— Schedule of rates—Posting—Revision. Every warehouseman shall annually, during the first week in July, publish by posting in a conspicuous place in each of his warehouses the schedule of handling, conditioning, and storage rates filed with the department for the ensuing license year. The schedule shall be kept posted, and the rates shall not be changed during such year except after thirty days’ written notice to the director and proper posting of the changes on the licensee’s premises. [1991 c 109 § 29; 1983 c 305 § 40; 1963 c 124 § 24.] 22.09.240 Severability—1983 c 305: See note following RCW 20.01.010. 22.09.250 Rights and duties of warehousemen— Unlawful practices. It is unlawful for a warehouseman to: (1) Issue a warehouse receipt for any commodity that he does not have in his warehouse at the time the receipt is issued; 22.09.250 (2008 Ed.) Severability—1983 c 305: See note following RCW 20.01.010. 22.09.290 Warehouse receipts—Required terms. (1) Every warehouse receipt issued for commodities covered by this chapter shall embody within its written or printed terms: (a) The grade of the commodities as described by the official standards of this state, unless the identity of the commodity is in fact preserved in a special pile or special bin, and an identifying mark of such pile or bin shall appear on the face of the receipt and on the pile or bin. A commodity in a special pile or bin shall not be removed or relocated without 22.09.290 [Title 22 RCW—page 9] 22.09.300 Title 22 RCW: Warehousing and Deposits canceling the outstanding receipt and issuing a new receipt showing the change; (b) Such other terms and conditions as required by Article 7 of Title 62A RCW: PROVIDED, That nothing contained therein requires a receipt issued for wheat to specifically state the variety of wheat by name; (c) A clause reserving for the warehouseman the optional right to terminate storage upon thirty days’ written notice to the depositor and collect outstanding charges against any lot of commodities after June 30th following the date of the receipt. (2) Warehouse receipts issued under the United States Warehouse Act (7 USCA § 241 et seq.) are deemed to fulfill the requirements of this chapter so far as it pertains to the issuance of warehouse receipts. [1989 c 354 § 46; 1983 c 305 § 43; 1979 ex.s. c 238 § 19; 1963 c 124 § 29.] Severability—1989 c 354: See note following RCW 15.36.012. 22.09.320 Warehouse receipts—Lost or destroyed receipts. In case any warehouse receipt issued by a licensee shall be lost or destroyed, the owner thereof shall be entitled to a duplicate receipt from the licensee upon executing and delivering to the warehouseman issuing such receipt, a bond in double the value of the commodity covered by such lost receipt, with good and sufficient surety to indemnify the warehouseman against any loss sustained by reason of the issuance of such duplicate receipt, and such duplicate receipt shall state that it is issued in lieu of the former receipt, giving the number and date thereof. [1963 c 124 § 32.] 22.09.320 22.09.330 Scale weight tickets not precluded. Nothing in this chapter may be construed to prevent the issuance of scale weight tickets showing when and what quantities of commodities were received and the condition thereof upon delivery. [1983 c 305 § 45; 1963 c 124 § 33.] 22.09.330 Severability—1983 c 305: See note following RCW 20.01.010. Severability—1983 c 305: See note following RCW 20.01.010. 22.09.340 Examination of receipts and commodities—Request—Fee—Access to bins—Records and accounts—Out-of-state offices. (1) Upon the request of any person or persons having an interest in a commodity stored in any public warehouse and upon payment of fifty dollars in advance by the person or persons, the department may cause the warehouse to be inspected and shall check the outstanding negotiable and nonnegotiable warehouse receipts, and scale weight tickets that have not been superseded by negotiable or nonnegotiable warehouse receipts, with the commodities on hand and shall report the amount of receipts and scale weight tickets outstanding and the amount of storage, if any. If the cost of the examination is more than fifty dollars, the person or persons having an interest in the commodity stored in the warehouse and requesting the examination, shall pay the additional cost to the department, unless a shortage is found to exist. (2) A warehouse shall be maintained in a manner that will provide a reasonable means of ingress and egress to the various storage bins and compartments by those persons authorized to make inspections, and an adequate facility to complete the inspections shall be provided. (3) The property, books, records, accounts, papers, and proceedings of every such warehouseman shall at all reasonable times be subject to inspection by the department. The warehouseman shall maintain adequate records and systems for the filing and accounting of warehouse receipts, canceled warehouse receipts, scale weight tickets, other documents, and transactions necessary or common to the warehouse industry. Canceled warehouse receipts, copies of scale weight tickets, and other copies of documents evidencing ownership or ownership liability shall be retained by the warehouseman for a period of at least three years from the date of deposit. (4) Any warehouseman whose principal office or headquarters is located outside the state of Washington shall make available, if requested, during ordinary business hours, at any of their warehouses licensed in the state of Washington, all books, documents, and records for inspection. (5) Any grain dealer whose principal office or headquarters is located outside the state of Washington shall make available, if requested, all books, documents, and records for 22.09.340 22.09.300 Warehouse receipts—Forms, numbering, printing, bond—Compliance with Article 7 of Title 62A RCW—Confiscation. (1) All warehouse receipts issued under this chapter shall be upon forms prescribed by the department and supplied only to licensed warehousemen at cost of printing, packing, and shipping, as determined by the department. They shall contain the state number of such license and shall be numbered serially for each state number and the original negotiable receipts shall bear the state seal. Requests for such receipts shall be on forms furnished by the department and shall be accompanied by payment to cover cost: PROVIDED, That the department by order may allow a warehouseman to have his individual warehouse receipts printed, after the form of the receipt is approved as in compliance with this chapter, and the warehouseman’s printer shall supply an affidavit stating the amount of receipts printed, numbers thereof: PROVIDED FURTHER, That the warehouseman must supply a bond in an amount fixed by the department and not to exceed five thousand dollars to cover any loss resulting from the unlawful use of any such receipts. (2) All warehouse receipts shall comply with the provisions of Article 7 of Title 62A RCW as enacted or hereafter amended, except as to the variety of wheat as set forth in RCW 22.09.290(1)(b) herein, and with the provisions of this chapter where not inconsistent or in conflict with Article 7 of Title 62A RCW. All receipts remaining unused shall be confiscated by the department if the license required herein is not promptly renewed or is suspended, revoked, or canceled. [1979 ex.s. c 238 § 20; 1963 c 124 § 30.] 22.09.300 22.09.310 Warehouse receipts—Dealing in unauthorized receipts prohibited—Penalty. Any person, or any agent or servant of that person, or any officer of a corporation who prints, binds, or delivers warehouse receipt forms, except on an order or requisition signed by the director, or who uses such forms knowing that they were not so printed, bound, or delivered is guilty of a class C felony and is punishable as provided in chapter 9A.20 RCW. [1983 c 305 § 44; 1963 c 124 § 31.] 22.09.310 Severability—1983 c 305: See note following RCW 20.01.010. [Title 22 RCW—page 10] (2008 Ed.) Agricultural Commodities inspection during ordinary business hours at any facility located in the state of Washington, or if no facility in the state of Washington, then at a Washington state department of agriculture office or other mutually acceptable place. [1983 c 305 § 46; 1963 c 124 § 34.] Severability—1983 c 305: See note following RCW 20.01.010. 22.09.345 Inspections—Notice, when issued—Failure to comply, penalty—Court order—Costs, expenses, attorneys’ fees. (1) The department may give written notice to the warehouseman or grain dealer to submit to inspection, and/or furnish required reports, documents, or other requested information, under such conditions and at such time as the department may deem necessary whenever a warehouseman or grain dealer fails to: (a) Submit his books, papers, or property to lawful inspection or audit; (b) Submit required reports or documents to the department by their due date; or (c) Furnish the department with requested information, including but not limited to correction notices. (2) If the warehouseman or grain dealer fails to comply with the terms of the notice within twenty-four hours from the date of its issuance, or within such further time as the department may allow, the department shall levy a fine of fifty dollars per day from the final date for compliance allowed by this section or the department. In those cases where the failure to comply continues for more than thirty days or where the director determines the failure to comply creates a threat of loss to depositors, the department may, in lieu of levying further fines petition the superior court of the county where the licensee’s principal place of business in Washington is located, as shown by the license application, for an order: (a) Authorizing the department to seize and take possession of all books, papers, and property of all kinds used in connection with the conduct or the operation of the warehouseman’s or grain dealer’s business, and the books, papers, records, and property that pertain specifically, exclusively, and directly to that business; and (b) Enjoining the warehouseman or grain dealer from interfering with the department in the discharge of its duties as required by this chapter. (3) All necessary costs and expenses, including attorneys’ fees, incurred by the department in carrying out the provisions of this section may be recovered at the same time and as part of the action filed under this section. [1987 c 393 § 20; 1983 c 305 § 47.] 22.09.345 Severability—1983 c 305: See note following RCW 20.01.010. 22.09.350 Remedies of department on discovery of shortage. (1) Whenever it appears that there is evidence after any investigation that a warehouseman has a shortage, the department may levy a fine of one hundred dollars per day until the warehouseman covers the shortage. (2) In any case where the director determines the shortage creates a substantial or continuing threat of loss to the depositors of the warehouseman, the department may, in lieu of levying a fine or further fines, give notice to the ware22.09.350 (2008 Ed.) 22.09.361 houseman to comply with all or any of the following requirements: (a) Cover the shortage; (b) Give additional bond as requested by the department; (c) Submit to such inspection as the department may deem necessary; (d) Cease accepting further commodities from depositors or selling, encumbering, transporting, or otherwise changing possession, custody, or control of commodities owned by the warehouseman until there is no longer a shortage. (3) If the warehouseman fails to comply with the terms of the notice provided for in subsection (2) of this section within twenty-four hours from the date of its issuance, or within such further time as the department may allow, the department may petition the superior court of the county where the licensee’s principal place of business in Washington is located as shown by the license application, for an order: (a) Authorizing the department to seize and take possession of all or a portion of special piles and special bins of commodities and all or a portion of commingled commodities in the warehouse or warehouses owned, operated, or controlled by the warehouseman, and of all books, papers, and property of all kinds used in connection with the conduct or the operation of the warehouseman’s warehouse business, and the books, papers, records, and property that pertain specifically, exclusively, and directly to that business; and (b) Enjoining the warehouseman from interfering with the department in the discharge of its duties as required by this section. [1983 c 305 § 48; 1963 c 124 § 35.] Severability—1983 c 305: See note following RCW 20.01.010. 22.09.361 Seizure of commodities or warehouseman’s records—Department duties—Warehouseman’s remedies—Expenses and attorneys’ fees. (1) Whenever the department, pursuant to court order, seizes and takes possession of all or a portion of special piles and special bins of commodities, all or a portion of commingled commodities in a warehouse owned, operated, or controlled by a warehouseman, or books, papers, and property of any kind used in connection with the conduct of a warehouseman’s warehouse business, the department shall: (a) Give written notice of its action to the surety on the bond of the warehouseman and may notify the holders of record, as shown by the warehouseman’s records, of all warehouse receipts or scale weight tickets issued for commodities, to present their warehouse receipt or other evidence of deposits for inspection, or to account for the same. The department may thereupon cause an audit to be made of the affairs of the warehouse, especially with respect to the commodities in which there is an apparent shortage, to determine the amount of the shortage and compute the shortage as to each depositor as shown by the warehouseman’s records, if practicable. The department shall notify the warehouseman and the surety on his bond of the approximate amount of the shortage and notify each depositor thereby affected by sending notice to the depositor’s last known address as shown by the records of the warehouseman. (b) Retain possession of the commodities in the warehouse or warehouses, and of the books, papers, and property 22.09.361 [Title 22 RCW—page 11] 22.09.371 Title 22 RCW: Warehousing and Deposits of the warehouseman, until the warehouseman or the surety on the bond has satisfied the claims of all holders of warehouse receipts or other evidence of deposits, or, in case the shortage exceeds the amount of the bond, the surety on the bond has satisfied the claims pro rata. (2) At any time within ten days after the department takes possession of any commodities or the books, papers, and property of any warehouse, the warehouseman may serve notice upon the department to appear in the superior court of the county in which the warehouse is located, at a time to be fixed by the court, which shall not be less than five nor more than fifteen days from the date of the service of the notice, and show cause why such commodities, books, papers, and property should not be restored to his possession. (3) All necessary expenses and attorneys’ fees incurred by the department in carrying out the provisions of this section may be recovered in the same action or in a separate civil action brought by the department in the superior court. (4) As a part of the expenses so incurred, the department is authorized to include the cost of adequate liability insurance necessary to protect the department, its officers, and others engaged in carrying out the provisions of this section. [1983 c 305 § 49.] Severability—1983 c 305: See note following RCW 20.01.010. 22.09.371 22.09.371 Depositor’s lien. (1) When a depositor stores a commodity with a warehouseman or sells a commodity to a grain dealer, the depositor has a first priority statutory lien on the commodity or the proceeds therefrom or on commodities owned by the warehouseman or grain dealer if the depositor has written evidence of ownership disclosing a storage obligation or written evidence of sale. The lien arises at the time the title is transferred from the depositor to the warehouseman or grain dealer, or if the commodity is under a storage obligation, the lien arises at the commencement of the storage obligation. The lien terminates when the liability of the warehouseman or grain dealer to the depositor terminates or if the depositor sells his commodity to the warehouseman or grain dealer, then thirty days after the date title passes. If, however, the depositor is tendered payment by check or draft, then the lien shall not terminate until forty days after the date title passes. (2) The lien created under this section shall be preferred to any lien or security interest in favor of any creditor of the warehouseman or grain dealer, regardless of whether the creditor’s lien or security interest attached to the commodity or proceeds before or after the date on which the depositor’s lien attached under subsection (1) of this section. (3) A depositor who claims a lien under subsection (1) of this section need not file any notice of the lien in order to perfect the lien. (4) The lien created by subsection (1) of this section is discharged, except as to the proceeds therefrom and except as to commodities owned by the warehouseman or grain dealer, upon sale of the commodity by the warehouseman or grain dealer to a buyer in the ordinary course of business. [1987 c 393 § 21; 1983 c 305 § 50.] Severability—1983 c 305: See note following RCW 20.01.010. [Title 22 RCW—page 12] 22.09.381 Depositors’ claims, processing by department. In the event of a failure of a grain dealer or warehouseman, the department may process the claims of depositors possessing written evidence of ownership disclosing a storage obligation or written evidence of a sale of commodities in the following manner: (1) The department shall give notice and provide a reasonable time to depositors possessing written evidence of ownership disclosing a storage obligation or written evidence of sale of commodities to file their claims with the department. (2) The department may investigate each claim and determine whether the claimant’s commodities are under a storage obligation or whether a sale of the commodities has occurred. The department may, in writing, notify each claimant and the failed grain dealer or warehouseman of the department’s determination as to the status and amount of each claimant’s claim. A claimant, failed warehouseman, or grain dealer may request a hearing on the department’s determination within twenty days of receipt of written notification, and a hearing shall be held in accordance with chapter 34.05 RCW. (3) The department may inspect and audit the failed warehouseman to determine whether the warehouseman has in his possession sufficient quantities of commodities to cover his storage obligations. In the event of a shortage, the department shall determine each depositor’s pro rata share of available commodities and the deficiency shall be considered as a claim of the depositor. Each type of commodity shall be treated separately for [the] purpose of determining shortages. (4) The department shall determine the amount, if any, due each claimant by the surety and make demand upon the bond in the manner set forth in this chapter. [1983 c 305 § 51.] 22.09.381 Severability—1983 c 305: See note following RCW 20.01.010. 22.09.391 Depositor’s lien—Liquidation procedure. Upon the failure of a grain dealer or warehouseman, the statutory lien created in RCW 22.09.371 shall be liquidated by the department to satisfy the claims of depositors in the following manner: (1) The department shall take possession of all commodities in the warehouse, including those owned by the warehouseman or grain dealer, and those that are under warehouse receipts or any written evidence of ownership that discloses a storage obligation by a failed warehouseman, including but not limited to scale weight tickets, settlement sheets, and ledger cards. These commodities shall be distributed or sold and the proceeds distributed to satisfy the outstanding warehouse receipts or other written evidences of ownership. If a shortage exists, the department shall distribute the commodities or the proceeds from the sale of the commodities on a prorated basis to the depositors. To the extent the commodities or the proceeds from their sale are inadequate to satisfy the claims of depositors with evidence of storage obligations, the depositors have a first priority lien against any proceeds received from commodities sold while under a storage obligation or against any commodities owned by the failed warehouseman or grain dealer. (2) Depositors possessing written evidence of the sale of a commodity to the failed warehouseman or grain dealer, 22.09.391 (2008 Ed.) Agricultural Commodities including but not limited to scale weight tickets, settlement sheets, deferred price contracts, or similar commodity delivery contracts, who have completed delivery and passed title during a thirty-day period immediately before the failure of the failed warehouseman or grain dealer have a second priority lien against the commodity, the proceeds of the sale, or warehouse-owned or grain dealer-owned commodities. If the commodity, commodity proceeds, or warehouse-owned or grain dealer-owned commodities are insufficient to wholly satisfy the claim of depositors possessing written evidence of the sale of the commodity to the failed warehouseman or grain dealer, each depositor shall receive a pro rata share thereof. (3) Upon the satisfaction of the claims of depositors qualifying for first or second priority treatment, all other depositors possessing written evidence of the sale of the commodity to the failed warehouseman or grain dealer have a third priority lien against the commodity, the proceeds of the sale, or warehouse-owned or grain dealer-owned commodities. If the commodities, commodity proceeds, or warehouseowned or grain dealer-owned commodities are insufficient to wholly satisfy these claims, each depositor shall receive a pro rata share thereof. (4) The director of agriculture may represent depositors whom, under RCW 22.09.381, the director has determined have claims against the failed warehouseman or failed grain dealer in any action brought to enjoin or otherwise contest the distributions made by the director under this section. [1987 c 393 § 22; 1983 c 305 § 52.] Severability—1983 c 305: See note following RCW 20.01.010. 22.09.405 Grain indemnity fund program—Activation—In lieu of other security. (1) The provisions of this section and RCW 22.09.416 through 22.09.471 constitute the grain indemnity fund program. RCW 22.09.416 through 22.09.471 shall take effect on a date specified by the director but within ninety days after receipt by the director of a petition seeking implementation of the grain indemnity fund program provided for in this chapter and a determination by the director, following a public hearing on said petition, that a grain indemnity fund program is in the interest of the agricultural industry of this state. The petition shall be signed by licensees of at least thirty-three percent of the grain warehouses and thirty-three percent of the grain dealers. At least sixty days in advance, the director shall notify each licensed warehouse and grain dealer of the effective date of the grain indemnity fund program provisions. (2) The grain indemnity fund program, if activated by the director, shall be in lieu of the bonding and security provisions of RCW 22.09.090 and 22.09.095. [1987 c 509 § 7.] 22.09.405 Severability—1987 c 509: See note following RCW 22.09.060. 22.09.411 Grain indemnity fund program—Fund established—Contents, deposits, disbursements, use. (1) There is hereby established a fund to be known as the grain indemnity fund. The grain indemnity fund shall consist of assessments remitted by licensees pursuant to the provisions of RCW 22.09.416 through 22.09.426. (2) All assessments shall be paid to the department and shall be deposited in the grain indemnity fund. The state trea22.09.411 (2008 Ed.) 22.09.421 surer shall be the custodian of the grain indemnity fund. Disbursements shall be on authorization of the director. No appropriation is required for disbursements from this fund. (3) The grain indemnity fund shall be used exclusively for purposes of paying claimants pursuant to this chapter, and paying necessary expenses of administering the grain indemnity fund, provided however, that moneys equivalent to onehalf of the interest earned by the fund for deposit to the general fund may be paid to the department to defray costs of administering the warehouse audit program. The state of Washington shall not be liable for any claims presented against the fund. [1991 sp.s. c 13 § 67; 1987 c 509 § 8.] Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240. Severability—1987 c 509: See note following RCW 22.09.060. 22.09.416 22.09.416 Grain indemnity fund program—Assessments. (1) Every licensed warehouse and grain dealer and every applicant for any such license shall pay assessments to the department for deposit in the grain indemnity fund according to the provisions of RCW 22.09.405 through 22.09.471 and rules promulgated by the department to implement this chapter. (2) The rate of the assessments shall be established by rule, provided however, that no single assessment against a licensed warehouse or grain dealer or applicant for any such license shall exceed five percent of the bond amount that would otherwise have been required of such grain dealer, warehouseman, or license applicant under RCW 22.09.090. [1987 c 509 § 9.] Severability—1987 c 509: See note following RCW 22.09.060. 22.09.421 22.09.421 Grain indemnity fund program—Initial assessment—Effect on preceding security—New applicants for warehouse or grain dealer licenses. (1) The department shall establish the initial assessment within sixty days of the activation of the grain indemnity fund program pursuant to RCW 22.09.405. Immediately upon promulgation of the rule, the department shall issue notice to each licensed warehouse and grain dealer of the assessment owed. The initial assessment and assessments issued thereafter shall be paid within thirty days of the date posted on the assessment notice. (2) The surety bond or other security posted by a licensed warehouse or grain dealer in effect immediately preceding the effective date of the grain indemnity fund program, shall remain in full force and effect and shall not be released until thirty days after the initial assessment is paid. A certificate of deposit or other security in effect immediately preceding the effective date of the grain indemnity fund program shall remain on deposit until the initial assessment is paid and until such certificate of deposit or other security is released by the department following a prompt determination that no outstanding claims are pending against the security. (3) Each new applicant for a warehouse or grain dealer license shall pay the assessment imposed pursuant to RCW 22.09.416 at the time of application. No license to operate as a grain dealer or grain warehouse or both shall be issued until such assessment is paid. [Title 22 RCW—page 13] 22.09.426 Title 22 RCW: Warehousing and Deposits Notwithstanding the provisions of RCW 22.09.416(2), new applicants shall pay annual assessments into the grain indemnity fund for an equivalent number of years as those participating at the inception of the grain indemnity fund program and who continue to participate in the grain indemnity fund program. [1987 c 509 § 10.] Severability—1987 c 509: See note following RCW 22.09.060. 22.09.426 Grain indemnity fund program—Annual assessments—Limitations. The assessments imposed pursuant to RCW 22.09.416 shall be imposed annually, under rules promulgated by the department, until such time as the grain indemnity fund balance, less any outstanding claims, reaches three million dollars. For any year in which the grain indemnity fund balance, less any outstanding claims, exceeds three million dollars on the annual assessment date, no assessment shall be imposed by the department, except as provided in RCW 22.09.421(3) or 22.09.431. [1987 c 509 § 11.] 22.09.426 Severability—1987 c 509: See note following RCW 22.09.060. 22.09.431 Grain indemnity fund program—Additional security. The department may, when it has reason to believe that a licensee does not have the ability to pay producers for grain purchased, or when it determines that the licensee does not have a sufficient net worth to outstanding financial obligations ratio, require from the licensee the payment of an additional assessment or, at the department’s option, the posting of a bond or other additional security in an amount to be prescribed by rule. The additional assessment or other security may exceed the maximum amount set forth in RCW 22.09.416. Failure of the licensee to timely pay the additional assessment or post the additional bond or other security constitutes grounds for suspension or revocation of a license issued under this chapter. [1987 c 509 § 12.] 22.09.431 Severability—1987 c 509: See note following RCW 22.09.060. 22.09.436 Grain indemnity fund program—Advisory committee. (1) There is hereby created a grain indemnity fund advisory committee consisting of six members to be appointed by the director. The director shall make appointments to the committee no later than seven days following the date this section becomes effective pursuant to RCW 22.09.405. Of the initial appointments, three shall be for twoyear terms and three shall be for three-year terms. Thereafter, appointments shall be for three-year terms, each term ending on the same day of the same month as did the term preceding it. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member’s predecessor was appointed shall hold office for the remainder of the predecessor’s term. (2) The committee shall be composed of two producers primarily engaged in the production of agricultural commodities, two licensed grain dealers, and two licensed grain warehousemen. (3) The committee shall meet at such places and times as it shall determine and as often as necessary to discharge the duties imposed upon it. Each committee member shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel and subsistence expense under RCW 22.09.436 [Title 22 RCW—page 14] 43.03.050 and 43.03.060. The expenses of the committee and its operation shall be paid from the grain indemnity fund. (4) The committee shall have the power and duty to advise the director concerning assessments, administration of the grain indemnity fund, and payment of claims from the fund. [1987 c 509 § 13.] Severability—1987 c 509: See note following RCW 22.09.060. 22.09.441 Grain indemnity fund program—Processing of claims. In the event a grain dealer or warehouse fails, as defined in RCW 22.09.011(21), or otherwise fails to comply with the provisions of this chapter or rules promulgated hereunder, the department shall process the claims of depositors producing written evidence of ownership disclosing a storage obligation or written evidence of a sale of commodities for damages caused by the failure, in the following manner: (1) The department shall give notice and provide a reasonable time, not to exceed thirty days, to depositors possessing written evidence of ownership disclosing a storage obligation or written evidence of sale of commodities to file their written verified claims with the department. (2) The department may investigate each claim and determine whether the claimant’s commodities are under a storage obligation or whether a sale of commodities has occurred. The department shall notify each claimant, the grain warehouseman or grain dealer, and the committee of the department’s determination as to the validity and amount of each claimant’s claim. A claimant, warehouseman, or grain dealer may request a hearing on the department’s determination within twenty days of receipt of written notification and a hearing shall be held by the department pursuant to chapter 34.05 RCW. Upon determining the amount and validity of the claim, the director shall pay the claim from the grain indemnity fund. (3) The department may inspect and audit a failed warehouseman, as defined by RCW 22.09.011(21) to determine whether the warehouseman has in his possession, sufficient quantities of commodities to cover his storage obligations. In the event of a shortage, the department shall determine each depositor’s pro rata share of available commodities and the deficiency shall be considered as a claim of the depositor. Each type of commodity shall be treated separately for the purpose of determining shortages. [1987 c 509 § 14.] 22.09.441 Severability—1987 c 509: See note following RCW 22.09.060. 22.09.446 Grain indemnity fund program—Failure to file claim in time. If a depositor or creditor, after notification, refuses or neglects to file in the office of the director his verified claim against a warehouseman or grain dealer as requested by the director within thirty days from the date of the request, the director shall thereupon be relieved of responsibility for taking action with respect to such claim later asserted and no such claim shall be paid from the grain indemnity fund. [1987 c 509 § 15.] 22.09.446 Severability—1987 c 509: See note following RCW 22.09.060. 22.09.451 Grain indemnity fund program—Payment limitations. Subject to the provisions of RCW 22.09.456 and 22.09.461 and to a maximum payment of seven hundred fifty 22.09.451 (2008 Ed.) Agricultural Commodities thousand dollars on all claims against a single licensee, approved claims against a licensed warehouseman or licensed grain dealer shall be paid from the grain indemnity fund in the following amounts: (1) Approved claims against a licensed warehouseman shall be paid in full; (2) Approved claims against a licensed grain dealer for payments due within thirty days of transfer of title shall be paid in full for the first twenty-five thousand dollars of the claim. The amount of such a claim in excess of twenty-five thousand dollars shall be paid to the extent of eighty percent; (3) Approved claims against a licensed grain dealer for payments due between thirty and ninety days of transfer of title shall be paid to the extent of eighty percent; (4) Approved claims against a licensed grain dealer for payments due after ninety days from transfer of title shall be paid to the extent of seventy-five percent; (5) In the event that approved claims against a single licensee exceed seven hundred fifty thousand dollars, recovery on those claims shall be prorated. [1987 c 509 § 16.] Severability—1987 c 509: See note following RCW 22.09.060. 22.09.456 Grain indemnity fund program—Additional payment limitations. In addition to the payment limitations imposed by RCW 22.09.451, payment of any claim approved before the grain indemnity fund first reaches a balance of one million two hundred fifty thousand dollars, shall be limited to the following amounts: (1) For claims against a licensed grain warehouse, payment shall not exceed the lesser of seven hundred fifty thousand dollars or an amount equal to the licensee’s total bushels of licensed storage space multiplied by the rate of eighteen cents. (2) For claims against a licensed grain dealer, payment shall not exceed the lesser of seven hundred fifty thousand dollars or an amount equal to six percent of the gross purchases of the licensee during the licensee’s immediately preceding fiscal year. (3) The unpaid balance of any claim subject to this section shall be paid when the grain indemnity fund first reaches a balance of one million two hundred fifty thousand dollars, provided that the total paid on the claim shall not exceed the limits specified in RCW 22.09.451. [1987 c 509 § 17.] 22.09.456 Severability—1987 c 509: See note following RCW 22.09.060. 22.09.461 Grain indemnity fund program—Payment of claims—Restrictions, priority. The requirement that the state of Washington pay claims under this chapter only exists so long as the grain indemnity fund contains sufficient money to pay the claims. Under no circumstances whatsoever may any funds (other than assessment amounts and other money obtained under this chapter) be used to pay claims. In the event that the amount in the grain indemnity fund is insufficient to pay all approved claims in the amount provided for under RCW 22.09.451 or 22.09.456, the claims shall be paid in the order in which they were filed with the department, until such time as sufficient moneys are available in the grain indemnity fund to pay all of the claims. [1987 c 509 § 18.] 22.09.461 Severability—1987 c 509: See note following RCW 22.09.060. (2008 Ed.) 22.09.570 22.09.466 Grain indemnity fund program—Debt and obligation of grain dealer or warehouseman—Recovery by director. Amounts paid from the grain indemnity fund in satisfaction of any approved claim shall constitute a debt and obligation of the grain dealer or warehouseman against whom the claim was made. On behalf of the grain indemnity fund, the director may bring suit, file a claim, or intervene in any legal proceeding to recover from the grain dealer or warehouseman the amount of the payment made from the grain indemnity fund, together with costs and attorneys’ fees incurred. In instances where the superior court is the appropriate forum for a recovery action, the director may elect to institute the action in the superior court of Thurston county. [1987 c 509 § 19.] 22.09.466 Severability—1987 c 509: See note following RCW 22.09.060. 22.09.471 Grain indemnity fund program—Proceedings against licensee. The department may deny, suspend, or revoke the license of any grain dealer or warehouseman who fails to timely pay assessments to the grain indemnity fund or against whom a claim has been made, approved, and paid from the grain indemnity fund. Proceedings for the denial, suspension, or revocation shall be subject to the provisions of chapter 34.05 RCW. [1987 c 509 § 20.] 22.09.471 Severability—1987 c 509: See note following RCW 22.09.060. 22.09.520 Deposits as bailments. Whenever any commodity shall be delivered to a warehouse under this chapter, and the scale ticket or warehouse receipt issued therefor provides for the return of a like amount of like kind, grade, and class to the holder thereof, such delivery shall be a bailment and not a sale of the commodity so delivered. In no case shall such commodities be liable to seizure upon process of any court in an action against such bailee, except action by the legal holder of the warehouse receipt to enforce the terms thereof. Such commodities, in the event of failure or insolvency of such bailee, shall be applied exclusively to the redemption of such outstanding warehouse receipts and scale weight tickets covering commodities so stored with such bailee. The commodities on hand in any warehouse or warehouses with a particular license, as provided in RCW 22.09.030, shall be applied to the redemption and satisfaction of warehouse receipts and scale weight tickets which were issued pursuant to the particular license. Commodities in special piles or special bins shall be applied exclusively against the warehouse receipts or scale weight tickets issued therefor. [1987 c 393 § 23; 1963 c 124 § 52.] 22.09.520 22.09.570 Action on bond by director—Authorized—Grounds. The director may bring action upon the bond of a warehouseman or grain dealer against both principal against whom a claim has been made and the surety in any court of competent jurisdiction to recover the damages caused by any failure to comply with the provisions of this chapter or the rules adopted hereunder. Recovery for damages against a warehouseman or grain dealer on a bond furnished under RCW 22.09.095 shall be limited to the bond amount that would be required for that warehouseman or grain dealer under RCW 22.09.090. [1987 c 509 § 5; 1983 c 305 § 56; 1975 1st ex.s. c 7 § 29.] 22.09.570 [Title 22 RCW—page 15] 22.09.580 Title 22 RCW: Warehousing and Deposits Severability—1987 c 509: See note following RCW 22.09.060. Severability—1983 c 305: See note following RCW 20.01.010. 22.09.580 Action on bond by director—Failure of depositor creditor to file claim upon request—Effect. If a depositor creditor after notification fails, refuses, or neglects to file in the office of the director his verified claim against a warehouseman or grain dealer bond as requested by the director within thirty days from the date of the request, the director shall thereupon be relieved of further duty or action under this chapter on behalf of the depositor creditor. [1983 c 305 § 57; 1975 1st ex.s. c 7 § 30.] 22.09.580 Severability—1983 c 305: See note following RCW 20.01.010. 22.09.590 Action on bond by director—Records as to depositor creditors missing or information incomplete— Effect. Where by reason of the absence of records or other circumstances making it impossible or unreasonable for the director to ascertain the names and addresses of all the depositor creditors, the director after exerting due diligence and making reasonable inquiry to secure that information from all reasonable and available sources, may make demand on a warehouseman’s or grain dealer’s bond on the basis of information then in his possession, and thereafter shall not be liable or responsible for claims or the handling of claims that may subsequently appear or be discovered. [1983 c 305 § 58; 1975 1st ex.s. c 7 § 31.] 22.09.590 Severability—1983 c 305: See note following RCW 20.01.010. 22.09.600 Action on bond by director—Powers of director. Upon ascertaining all claims and statements in the manner set forth in this chapter, the director may then make demand upon the warehouseman’s or grain dealer’s bond on behalf of those claimants whose claims and statements have been filed, and has the power to settle or compromise the claims with the surety company on the bond, and is empowered in such cases to execute and deliver a release and discharge of the bond involved. [1983 c 305 § 59; 1975 1st ex.s. c 7 § 32.] 22.09.600 Severability—1983 c 305: See note following RCW 20.01.010. 22.09.610 Action on bond by director—When authorized—New bond, when required—Penalty for failure to file. Upon the refusal of the surety company to pay the demand, the director may thereupon bring an action on the warehouseman’s or grain dealer’s bond in behalf of the depositor creditors. Upon any action being commenced on the bond, the director may require the filing of a new bond, and immediately upon the recovery in any action on the bond, a new bond shall be filed. The failure to file the new bond or otherwise satisfy the security requirements of this chapter within ten days in either case constitutes grounds for the suspension or revocation of the license of any principal on the bond. [1987 c 509 § 6; 1983 c 305 § 60; 1975 1st ex.s. c 7 § 33.] 22.09.610 Severability—1987 c 509: See note following RCW 22.09.060. Severability—1983 c 305: See note following RCW 20.01.010. 22.09.615 Action by depositor upon licensee’s bond. (1) If no action is commenced under RCW 22.09.570 within 22.09.615 [Title 22 RCW—page 16] thirty days after written demand to the department, any depositor injured by the failure of a licensee to comply with the condition of his bond has a right of action upon the licensee’s bond for the recovery of his damages. The depositor shall give the department immediate written notice of the commencement of any such action. (2) Recovery under the bond shall be prorated when the claims exceed the liability under the bond. (3) Whenever the claimed shortage exceeds the amount of the bond, it is not necessary for any depositor suing on the bond to join other depositors in the suit, and the burden of establishing proration is on the surety as a matter of defense. [1983 c 305 § 53; 1963 c 124 § 37. Formerly RCW 22.09.370.] Severability—1983 c 305: See note following RCW 20.01.010. 22.09.620 Payment for agricultural commodities purchased—Time requirements. Every warehouseman or grain dealer must pay for agricultural commodities purchased by him at the time and in the manner specified in the contract with the depositor, but if no time is set by the contract, then within thirty days after taking possession for purpose of sale or taking title of the agricultural product. [1983 c 305 § 62; 1975 1st ex.s. c 7 § 34.] 22.09.620 Severability—1983 c 305: See note following RCW 20.01.010. 22.09.630 Payment violations—Recovery by department—Charges to depositors. When a violation has occurred which results in improper payment or nonpayment and a claim is made to the department and the payment is secured through the actions of the department the following charges will be made to the depositor for the action of the department in the matter: (1) When reported within thirty days from time of default, no charge. (2) When reported thirty days to one hundred eighty days from time of default, five percent. (3) When reported after one hundred eighty days from time of default, ten percent. [1975 1st ex.s. c 7 § 35.] 22.09.630 22.09.640 Publication and distribution of list of licensed warehouses. Notwithstanding the provisions of chapter 42.56 RCW, the department shall publish annually and distribute to interested parties, a list of licensed warehouses showing the location, county, capacity, and bond coverage for each company. [2005 c 274 § 240; 1979 ex.s. c 238 § 25.] 22.09.640 Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. 22.09.650 Remedies of department as to stations. When a station is licensed pursuant to this chapter, the department may assert any and all the remedies provided for in this chapter, including but not limited to those remedies provided for in RCW 22.09.350. Furthermore, if inspection of that portion of the station located in the contiguous state is refused by the licensee, the department may give notice to the licensee to submit to such inspection as the department may deem necessary. 22.09.650 (2008 Ed.) Agricultural Commodities If the station refuses to comply with the terms of the notice within twenty-four hours, the director may summarily suspend the station’s license pending a hearing in compliance with chapter 34.05 RCW. [1983 c 305 § 63; 1979 ex.s. c 238 § 26.] Severability—1983 c 305: See note following RCW 20.01.010. 22.09.660 Emergency storage situation—Forwarding to other warehouses. Upon determining that an emergency storage situation appears to exist, the director may authorize the warehouseman to forward grain that is covered by negotiable receipts to other licensed warehouses for storage without canceling and reissuing the negotiable receipts pursuant to conditions established by rule. [2003 c 13 § 1; 1983 c 305 § 64.] 22.09.660 Severability—1983 c 305: See note following RCW 20.01.010. 22.09.710 Designation of inspection points and terminal warehouses. The department may designate a warehouse located at an inspection point as a terminal warehouse. The department shall, by rule, designate inspection points which shall be provided with state/federal inspection and weighing services commencing July 1, 1979. The revenue from inspection and weighing shall equal the cost of providing such services. Where the department after hearing determines that such cities are no longer necessary as inspection points it may by rule change such designated inspection points by removing one or more locations. [1979 ex.s. c 238 § 21; 1963 c 124 § 38. Formerly RCW 22.09.380.] 22.09.710 22.09.750 sample thereof and making such tests as are necessary to determine its grade, condition, or other qualitative measurement. Commodities tendered for inspection must be offered and made accessible for sampling at inspection points during customary business hours. (1) No inspector shall issue a certificate of grade, grading factors, condition, or other qualitative measurement for any commodity unless the inspection or grading thereof be based upon a correct and representative sample of the commodity and the inspection is made under conditions which permit the determination of its true grade or quality, except as provided in subsections (2) and (3) of this section. No sample shall be deemed to be representative unless it is of the size and procured in accordance with the uniform methods prescribed by the department. (2) An inspection may be made of a submitted sample of a commodity, provided that the certificate issued in such case clearly shows that the inspection or grading covers only the submitted sample of such commodity and not the lot from which it is purportedly drawn. (3) When commodities are tendered for inspection in such a manner as to make the drawing of a representative sample impossible, a qualified inspection may be made. In such case, the certificate shall clearly show the condition preventing proper sampling such as heavily loaded car, truck, barge, or other container, or other condition. [1989 c 354 § 48; 1963 c 124 § 40. Formerly RCW 22.09.400.] Severability—1989 c 354: See note following RCW 15.36.012. 22.09.740 Inspection or grading of commodities— File samples, retention. From all commodities inspected, samples may be drawn, which samples, unless returned by agreement to the applicant, shall become the property of the state and subject to disposition by the department. Upon request the department may transmit a portion of such samples to interested parties upon payment of a reasonable fee set by regulation. Official state file samples shall be retained for periods prescribed by state or federal regulation. [1989 c 354 § 49; 1963 c 124 § 41. Formerly RCW 22.09.410.] 22.09.740 22.09.720 Grades and standards of commodities— Regulations. The grades and standards established by the United States department of agriculture as of September 30, 1988, for all commodities included within the provisions of this chapter are hereby adopted as the grades and standards for such commodities in this state: PROVIDED, That the department is hereby authorized to adopt by regulation any new or future amendments to such federal grades and standards. The department is also authorized to issue regulations whether or not in accordance with the federal government and to prescribe therein grades and standards which it may deem suitable for inspection of commodities in the state of Washington. In adopting any new or amendatory regulations the department shall give appropriate consideration, among other relevant factors, to the following: (1) The usefulness of uniform federal and state grades; (2) The common classifications given such commodities within the industry; (3) The utility of various grades; (4) The kind and type of grades requested by those dealing with the particular type of commodity; and (5) The condition of the commodity with regard to its wholesomeness and purity. [1989 c 354 § 47; 1963 c 124 § 39. Formerly RCW 22.09.390.] 22.09.720 Severability—1989 c 354: See note following RCW 15.36.012. 22.09.730 Inspection or grading of commodities— Methods. Inspection or grading of a lot, partial lot, or sample of a commodity tendered for inspection or grading under this chapter shall consist of taking and examining a representative 22.09.730 (2008 Ed.) Severability—1989 c 354: See note following RCW 15.36.012. 22.09.750 Inspection or grading of commodities— Powers and duties of inspectors at terminal warehouses— Recordkeeping. The department’s inspectors shall, at terminal warehouses, have exclusive control of the weighing, inspecting, and grading of the commodities that are included within the provisions of this chapter: PROVIDED, That official supervision of weighing under the United States grain standards act shall be deemed in compliance with this section. The action and the certificates of the inspectors in the discharge of their duties, as to all commodities inspected or weighed by them, shall be accepted as prima facie evidence of the correctness of the above activity. Suitable books and records shall be maintained in which shall be entered a record of each inspection activity and the fees assessed and collected. These books and records shall be available for inspection by any party of interest during customary business hours. The records shall be maintained for periods set by regulation. [1989 c 354 § 50; 1983 c 305 § 54; 1963 c 124 § 42. Formerly RCW 22.09.420.] 22.09.750 [Title 22 RCW—page 17] 22.09.760 Title 22 RCW: Warehousing and Deposits Severability—1989 c 354: See note following RCW 15.36.012. Severability—1983 c 305: See note following RCW 20.01.010. 22.09.760 Inspection or grading of commodities—No inspection if commodity is to be loaded into defective container. No inspection shall be made of any commodity which is to be loaded into a vessel, vehicle, or other container, if it appears that the hold, compartment, or other enclosure into which the commodity is to be loaded is in such condition as to contaminate the commodity or lower the grade. [1963 c 124 § 43. Formerly RCW 22.09.430.] 22.09.760 22.09.770 Inspection or grading of commodities— Unlawful practices—Penalty. Any department employee who shall, directly or indirectly, accept any money or other consideration for any neglect of duty or any improper performance of duty as such department employee; or any person who shall knowingly cause or attempt to cause the issuance of a false or incorrect grade or weight certificate under this chapter by deceptive loading, handling, or sampling of commodities or by submitting commodities for inspection knowing that it has been so loaded, handled, or sampled, or by any other means; shall be deemed guilty of a misdemeanor. [1963 c 124 § 44. Formerly RCW 22.09.440.] 22.09.770 22.09.780 Inspection or grading of commodities. (1) In case any owner, consignee, or shipper of any commodity included under the provisions of this chapter, or his agent or broker, or any warehouseman shall be aggrieved at the grading of such commodity, the person may request a reinspection or appeal inspection within three business days from the date of certificate. The reinspection or appeal may be based in the official file sample or upon a new sample drawn from the lot of the grain or commodity if the lot remains intact and available for sampling. The reinspection or appeal inspection shall be of the same factors and scope as the original inspection. (2) For commodities inspected under federal standards, the reinspection and appeal inspection procedure provided in the applicable federal regulations shall apply. For commodities inspected under state standards, the department shall provide a minimum of a reinspection and appeal inspection service. The reinspection shall consist of a full review of all relevant information and a reexamination of the commodity to determine the correctness of the grade assigned or other determination. The reinspection shall be performed by an authorized inspector of the department other than the inspector who performed the original inspection unless no other inspector is available. An appeal inspection shall be performed by a supervisory inspector. (3) If the grading of any commodity for which federal standards have been fixed and the same adopted as official state standards has not been the subject of a hearing, in accordance with subsection (2) of this section, any interested party who is aggrieved with the grading of such commodity, may, with the approval of the secretary of the United States department of agriculture, appeal to the federal grain supervisor of the supervision district in which the state of Washington may be located. Such federal grain supervisor shall confer with the department inspectors and any other interested party and 22.09.780 [Title 22 RCW—page 18] shall make such tests as he may deem necessary to determine the correct grade of the commodity in question. Such federal grade certificate shall be prima facie evidence of the correct grade of the commodity in any court in the state of Washington. [1989 c 354 § 51; 1963 c 124 § 45. Formerly RCW 22.09.450.] Severability—1989 c 354: See note following RCW 15.36.012. 22.09.790 22.09.790 Inspection or grading of commodities— Fees and charges. (1) The department shall fix the fees for inspection, grading, and weighing of the commodities included under the provisions of this chapter, which fees shall be sufficient to cover the cost of such service. The fees for inspection, weighing, and grading of such commodities shall be a lien upon the commodity so weighed, graded, or inspected which the department may require to be paid by the carrier or agent transporting the same and treated by it as an advanced charge, except when the bill of lading contains the notation "not for terminal weight and grade," and the commodity is not unloaded at a terminal warehouse. (2) The department is authorized to make any tests relating to grade or quality of commodities covered by this chapter. The department may inspect and approve facilities and vessels to be used in transporting such commodities and provide any other necessary services. It may fix and charge a reasonable fee to be collected from the person or his agent requesting such service. (3) The department shall so adjust the fees to be collected under this chapter as to meet the expenses necessary to carry out the provisions hereof, and may prescribe a different scale of fees for different localities. The department may also prescribe a reasonable charge for service performed at places other than terminal warehouses in addition to the regular fees when necessary to avoid rendering the services at a loss to the state. [1963 c 124 § 46. Formerly RCW 22.09.460.] 22.09.800 22.09.800 Inspection or grading of commodities— Scales and weighing. If any terminal warehouse at inspection points is provided with proper scales and weighing facilities, the department may weigh the commodity upon the scales so provided. The department at least once each year shall cause to be examined, tested, and corrected, all scales used in weighing commodities in any of the cities designated as inspection points in this chapter or such places as may be hereinafter designated, and after such scale is tested, if found to be correct and in good condition, to seal the weights with a seal provided for that purpose and issue to the owner or proprietor a certificate authorizing the use of such scales for weighing commodities for the ensuing year, unless sooner revoked by the department. If such scales be found to be inaccurate or unfit for use, the department shall notify the party operating or using them, and the party thus notified shall, at his own expense, thoroughly repair the same before attempting to use them and until thus repaired or modified to the satisfaction of the department the certificate of such party shall be suspended or revoked at the discretion of the department. The party receiving such certificate shall pay to the department a reasonable fee for such inspection and certificate to be fixed by the department. It shall be the duty of the department (2008 Ed.) Agricultural Commodities to see that the provisions of this section are strictly enforced. [1963 c 124 § 47. Formerly RCW 22.09.470.] 22.09.810 Inspection or grading of commodities— Inspection of commodities shipped to or from places other than inspection points. In case any commodity under the provisions of this chapter is sold for delivery on Washington grade to be shipped to or from places not provided with state inspection under this chapter, the buyer, seller, or persons making delivery may have it inspected by notifying the department or its inspectors, whose duty it shall be to have such commodity inspected, and after it is inspected, to issue to the buyer, seller, or person delivering it, without undue delay, a certificate showing the grade of such commodity. The person or persons, or his agent, calling for such inspection shall pay for such inspection a reasonable fee to be fixed by the department. [1963 c 124 § 48. Formerly RCW 22.09.480.] 22.09.810 22.09.820 Inspection or grading of commodities— Unloading commodity without inspection or weighing. When commodities are shipped to points where inspection is provided and the bill of lading does not contain the notation "not for terminal weight and grade" and the commodity is unloaded by or on account of the consignee or his assignee without being inspected or weighed by a duly authorized inspector under the provisions of this chapter, the shipper’s weight and grade shall be conclusive and final and shall be the weight and grade upon which settlement shall be made with the seller, and the consignee or his assignee, by whom such commodities are so unlawfully unloaded shall be liable to the seller thereof for liquidated damages in an amount equal to ten percent of the sale price of such commodities computed on the basis of the shipper’s weight and grade. [1963 c 124 § 49. Formerly RCW 22.09.490.] 22.09.820 22.09.830 Grain inspection revolving fund—Hop inspection fund—Grain warehouse audit account. (1) All moneys collected as fees for weighing, grading, and inspecting commodities and all other fees collected under the provisions of this chapter, except as provided in subsections (2) and (3) of this section, shall be deposited in the grain inspection revolving fund, which is hereby established. The state treasurer is the custodian of the revolving fund. Disbursements from the revolving fund shall be on authorization of the director of the department of agriculture. The revolving fund is subject to the allotment procedure provided in chapter 43.88 RCW, but no appropriation is required for disbursements from the fund. The fund shall be used for all expenses directly incurred by the grain inspection program in carrying out the provisions of this chapter and for departmental administrative expenses during the 1993-95 biennium. The department may use so much of such fund not exceeding five percent thereof as the director of agriculture may determine necessary for research and promotional work, including rate studies, relating to wheat and wheat products. (2) All fees collected for the inspection, grading, and testing of hops shall be deposited into the hop inspection fund, which is hereby established, and shall be retained by the department for the purpose of inspecting, grading, and testing 22.09.830 (2008 Ed.) 22.09.860 hops. Any moneys in any fund retained by the department on July 1, 1963, and derived from hop inspection and grading shall be deposited to this hop inspection fund. For the purposes of research which would contribute to the development of superior hop varieties and to improve hop production and harvest practices, the department may expend up to twenty percent of the moneys deposited in the hop inspection fund during the fiscal year ending June 30th immediately preceding the year in which such expenditures are to be made. No expenditures shall be made under the provisions of this subsection when the hop inspection fund is, or the director may reasonably anticipate that it will be, reduced below twenty thousand dollars as the result of such expenditure or other necessary expenditures made to carry out the inspection, grading, and testing of hops. (3) All moneys collected by the grain warehouse audit program, including grain warehouse license fees pursuant to RCW 22.09.050 and 22.09.055, shall be deposited by the director into the grain warehouse audit account, hereby created within the agricultural local fund established in RCW 43.23.230. Moneys collected shall be used to support the grain warehouse audit program. [1994 sp.s. c 6 § 901; 1994 c 46 § 6; 1989 c 354 § 52; 1981 c 297 § 25; 1963 c 124 § 50. Formerly RCW 22.09.500.] Reviser’s note: This section was amended by 1994 c 46 § 6 and by 1994 sp.s. c 6 § 901, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Severability—Effective date—1994 sp.s. c 6: See notes following RCW 28A.310.020. Effective date—1994 c 46: See note following RCW 15.58.070. Severability—1989 c 354: See note following RCW 15.36.012. Severability—1981 c 297: See note following RCW 15.36.201. 22.09.840 Fumigated conveyances to be labeled. It shall be unlawful to ship commodities in closed conveyances which have been fumigated without labeling such railroad car, vehicle, or other conveyance to show that it has been fumigated. The label shall show the type of fumigant used and the date of application. [1963 c 124 § 53. Formerly RCW 22.09.530.] 22.09.840 22.09.850 Railroads to provide side tracks and track scales—Weighing of cars. Any railroad delivering commodities covered by this chapter in cars at designated inspection points shall provide convenient and suitable side tracks at such places as the department may approve. All cars billed for inspection shall be placed on such side tracks and the department shall be notified by the railroad in accordance with department regulations. Such railroad company shall provide suitable track scales for weighing cars of commodities upon the request of interested persons. Upon request, the department may weigh, or supervise the weighing of all cars of commodities received over the line of such railroad. Such weighing shall be conditioned upon the weighing of such cars after unloading to determine the actual weight of commodities delivered. [1963 c 124 § 28. Formerly RCW 22.09.280.] 22.09.850 22.09.860 Police protection of terminal yards and tracks. All railroad companies and warehousemen operating in the cities provided for inspection by this chapter shall fur22.09.860 [Title 22 RCW—page 19] 22.09.870 Title 22 RCW: Warehousing and Deposits nish ample and sufficient police protection to all their several terminal yards and terminal tracks to securely protect all cars containing commodities while the same are in their possession. They shall prohibit and restrain all unauthorized persons, whether under the guise of sweepers, or under any other pretext whatever, from entering or loitering in or about their railroad yards or tracks and from entering any car of commodities under their control, or removing commodities therefrom, and shall employ and detail such number of watchmen as may be necessary for the purpose of carrying out the provisions of this section. [1963 c 124 § 27. Formerly RCW 22.09.270.] 22.09.870 Injunctions. The director may bring an action in the name of the state to temporarily and/or permanently enjoin the violation of any provision of this chapter or any rule adopted pursuant to this chapter in the superior court in the county in which such violation occurs notwithstanding the existence of any other remedy at law. [1963 c 124 § 54. Formerly RCW 22.09.540.] repealed any rules adopted under the provisions of chapter 22.08 RCW and in effect immediately prior to such repeal and not inconsistent with the provisions of this chapter. For the purpose of this chapter it shall be deemed that such rules have been adopted under the provisions of this chapter pursuant to the provisions of chapter 34.05 RCW concerning the adoption of rules. [1963 c 124 § 56.] 22.09.910 Savings—1963 c 124. The enactment of this chapter shall not have the effect of terminating, or in any way modifying any liability, civil or criminal, which shall already be in existence on July 1, 1963. [1963 c 124 § 57.] 22.09.910 22.09.870 22.09.880 Cooperation with governmental agencies and private associations. The director may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations in order to carry out the purpose and provisions of this chapter and the United States Warehouse Act (7 USCA § 241 et seq.) and the United States Grain Standards Act, as amended (7 USCA § 71, et seq.). Notwithstanding any other provision of this chapter such agreements may also relate to a joint program for licensing, bonding, and inspecting stations. Such a program should be designed to avoid duplication of effort on the part of the licensing authority and requirements for operation, and promote more efficient enforcement of the provisions of this chapter and comparable provisions of the law of the states of Idaho or Oregon. [1983 c 305 § 55; 1979 ex.s. c 238 § 22; 1963 c 124 § 55. Formerly RCW 22.09.550.] 22.09.880 22.09.920 Construction as to Article 7 of Title 62A RCW. Nothing in this chapter, with the exception of RCW 22.09.290(1)(b), shall be deemed to repeal, amend, or modify Article 7 of Title 62A RCW. [1979 ex.s. c 238 § 23; 1963 c 124 § 59.] 22.09.920 22.09.930 Effective date—1963 c 124. The effective date of this chapter shall be July 1, 1963. [1963 c 124 § 60.] 22.09.930 22.09.940 Severability—1963 c 124. If any section, sentence, clause, or part of this chapter is for any reason held to be unconstitutional, such decision shall not affect the remaining portions of this chapter. The legislature hereby declares that it would have passed this chapter and each section, sentence, clause, and part thereof despite the fact that one or more sections, clauses, sentences, or parts thereof be declared unconstitutional. [1963 c 124 § 61.] 22.09.940 22.09.941 Severability—1979 ex.s. c 238. following RCW 15.44.010. 22.09.941 Chapter 22.16 Severability—1983 c 305: See note following RCW 20.01.010. See note Chapter 22.16 RCW WAREHOUSES AND ELEVATORS— EMINENT DOMAIN Sections 22.09.890 General penalty. A violation of any provision or section of this chapter, where no other penalty is provided for, and the violation of any rule or regulation adopted hereunder shall constitute a misdemeanor. [1963 c 124 § 58. Formerly RCW 22.09.560.] 22.09.890 22.09.895 Civil penalty. Every person who fails to comply with this chapter, or any rule adopted under it, may be subjected to a civil penalty, as determined by the director, in an amount of not more than one thousand dollars for every such violation. Each and every violation shall be a separate and distinct offense. Every person who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have violated this chapter and may be subject to the penalty provided for in this section. [1987 c 393 § 24.] 22.09.895 22.09.900 Continuation of rules adopted pursuant to repealed chapter. The repeal of chapter 22.08 RCW and the enactment of this chapter shall not be deemed to have 22.09.900 [Title 22 RCW—page 20] 22.16.010 22.16.020 22.16.030 22.16.040 Right of eminent domain extended. Right of entry. Extent of appropriation. Limitations on right—Finding of public necessity. Reviser’s note: The term "director of the department of agriculture" has been substituted for "public service commission" in this chapter since the powers and duties of the commission devolved upon the director of agriculture by virtue of 1921 c 7 § 90, 1921 c 137 §§ 1, 2, 1921 c 145 § 8, and 1937 c 90 § 10. 22.16.010 Right of eminent domain extended. The right of eminent domain is hereby extended to corporations incorporated or that may hereafter be incorporated under the laws of this state, or of any other state or territory and qualified to transact business in this state for the purpose of acquiring, owning or operating public warehouses or elevators for storing and handling grain, produce and other agricultural commodities which may desire to secure warehouse or elevator sites or rights-of-way for roadways leading to and from the same or for wharves or boat landings on navigable waters and all other purposes incident to and connected with the 22.16.010 (2008 Ed.) Safe Deposit Companies business conducted by such warehouse or elevator. [1919 c 98 § 1; RRS § 11566.] 22.16.020 Right of entry. Every corporation incorporated or that may hereafter be incorporated under the laws of this state or of any other state or territory, and qualified to transact business in this state for the purpose of acquiring, owning or operating public warehouses or elevators for storing and handling grain, produce and other agricultural commodities which may desire to erect and operate any such public warehouse or elevator, or to erect and operate tramways or cable tramways for the purpose of carrying, conveying or transporting such grain, produce or commodities to or from such warehouse or elevator or to acquire rights-of-way for roadways to and from such warehouse or elevator or to acquire boat landing or wharving facilities in connection with such warehouse or elevator shall have the right to enter upon any lands proposed to be used for any such purpose for the purpose of examining, locating and surveying the lines and boundaries thereof, doing no unnecessary damage thereby. [1919 c 98 § 2; RRS § 11567.] 22.16.020 22.28.040 other corporations organized under the laws of the state of Washington or of the United States of America, and doing business in the state of Washington; which are empowered by law to let vaults, safes or other receptacles upon the premises occupied by such bank, trust company or corporation. [1923 c 186 § 1; RRS § 3382.] 22.28.020 Safe deposit company a warehouseman. Whenever any safe deposit company shall take or receive as bailee for hire and for safekeeping or storage any jewelry, plate, money, specie, bullion, stocks, bonds, mortgages, securities, or valuable paper of any kind, or other valuable personal property, and shall have issued a receipt therefor, it shall be deemed to be a warehouseman as to such property and the provisions of Article 7 of the Uniform Commercial Code, Title 62A RCW, shall apply to such deposit, or to the proceeds thereof, to the same extent and with the same effect, and be enforceable in the same manner as is now provided with reference to warehousemen in said act. [1983 c 3 § 26; 1923 c 186 § 2; RRS § 3383.] 22.28.020 22.28.030 Exercise of due care required. Whenever any safe deposit company shall let or lease any vault, safe, box or other receptacle for the keeping or storage of personal property such safe deposit company shall be bound to exercise due care to prevent the opening of such vault, safe, box or receptacle by any person other than the lessee thereof, or his or her duly authorized agent, and the parties may provide in writing the terms, conditions, and liabilities in the lease. Authorized agent as used in this section includes, but is not limited to, a duly appointed personal representative, an attorney-in-fact, a special representative, or a trustee acting under a revocable living trust. [2005 c 97 § 15; 1923 c 186 § 3; RRS § 3384.] 22.28.030 22.16.030 Extent of appropriation. Every such corporation shall have the right to appropriate real estate and other property for any or all of the said purposes and under the same procedure as now is or may be hereafter provided by law, in the case of other corporations authorized by the laws of this state to exercise the right of eminent domain. [1919 c 98 § 3; RRS § 11568.] 22.16.030 22.16.040 Limitations on right—Finding of public necessity. The right hereby granted shall not be exercised within the limits of any regularly organized port district, nor against the right-of-way of any railroad company within the yard limits thereof, nor unless and until the director of the department of agriculture after a full hearing shall have determined that existing facilities are inadequate and that a public necessity exists for the construction of additional facilities and shall specify what additional facilities are necessary and shall have further determined that the facilities contemplated to be established will be a public benefit. Such hearing shall be initiated and conducted in accordance with the statutes, rules and regulations relating to public hearings before the director. [1919 c 98 § 4; RRS § 11569.] 22.16.040 Chapter 22.28 Chapter 22.28 RCW SAFE DEPOSIT COMPANIES Sections 22.28.010 22.28.020 22.28.030 22.28.040 22.28.060 Definitions. Safe deposit company a warehouseman. Exercise of due care required. Procedure when rent is unpaid. Destruction of paper contents—Other remedies available. Disposition of unclaimed property in safe deposit box: RCW 63.29.160. Financial institutions as bailee: RCW 30.08.140, 32.08.140, 33.12.010. Trust receipts: Articles 62A.1, 62A.9A RCW. 22.28.010 Definitions. The term safe deposit company as used in RCW 22.28.010 through 22.28.060 shall be construed to extend to and include all banks, trust companies and 22.28.010 (2008 Ed.) 22.28.040 Procedure when rent is unpaid. If the amount due for the rental of any safe or box in the vaults of any safe deposit company shall not have been paid for one year, it may, at the expiration thereof, send to the person in whose name such safe or box stands on its books a notice in writing in securely closed, postpaid and certified mail, return receipt requested, directed to such person at his post office address, as recorded upon the books of the safe deposit company, notifying such person that if the amount due for the rental of such safe or box is not paid within thirty days from date, the safe deposit company will then cause such safe or box to be opened, and the contents thereof to be inventoried, sealed, and placed in one of its general safes or boxes. Upon the expiration of thirty days from the date of mailing such notice, and the failure of the person in whose name the safe or box stands on the books of the company to pay the amount due for the rental thereof to the date of notice, the corporation may, in the presence of two officers of the corporation, cause such safe or box to be opened, and the contents thereof, if any, to be removed, inventoried and sealed in a package, upon which the officers shall distinctly mark the name of the person in whose name the safe or box stood on the books of the company, and the date of removal of the property, and when such package has been so marked for identification by the officers, it shall be placed in one of the 22.28.040 [Title 22 RCW—page 21] 22.28.060 Title 22 RCW: Warehousing and Deposits general safes or boxes of the company at a rental not to exceed the original rental of the safe or box which was opened, and shall remain in such general safe or box for a period of not less than one year, unless sooner removed by the owner thereof, and two officers of the corporation shall thereupon file with the company a certificate which shall fully set out the date of the opening of such safe or box, the name of the person in whose name it stood and a reasonable description of the contents, if any. A copy of such certificate shall within ten days thereafter be mailed to the person in whose name the safe or box so opened stood on the books of the company, at his last known post office address, in securely closed, postpaid and certified mail, return receipt requested, together with a notice that the contents will be kept, at the expense of such person, in a general safe or box in the vaults of the company, for a period of not less than one year. At any time after the mailing of such certificate and notice, and before the expiration of one year, such person may require the delivery of the contents of the safe as shown by said certificate, upon the payment of all rentals due at the time of opening of the safe or box, the cost of opening the box, and the payment of all further charges accrued during the period the contents remained in the general safe or box of the company. The company may sell all the property or articles of value set out in said certificate, at public auction, provided a notice of the time and place of sale has been published once within ten days prior to the sale in a newspaper published in the county where the contents of the safe or box [is] located and where the holder chooses to conduct the sale. If the holder chooses not to sell the contents at public sale, the contents shall be delivered to the department of revenue as unclaimed property. From the proceeds of the sale, the company shall deduct amounts which shall then be due for rental up to the time of opening the safe, the cost of opening thereof, and the further cost of safekeeping all of its contents for the period since the safe or box was opened, plus any additional charges accruing to the time of sale, including advertising and cost of sale. The balance, if any, of such proceeds, together with any unsold property, shall be deposited by the company within thirty days after the receipt of the same, with the department of revenue as unclaimed property. The company shall file with such deposit a certificate stating the name and last known place of residence of the owner of the property sold, the articles sold, the price obtained therefor, and showing that the notices herein required were duly mailed and that the sale was advertised as required herein. [1983 c 289 § 1; 1923 c 186 § 4; RRS § 3385. Formerly RCW 22.08.050, 22.28.040.] 22.28.060 Destruction of paper contents—Other remedies available. Whenever the contents of any such safe or box, so opened, shall consist either wholly or in part, of documents or letters or other papers of a private nature, such documents, letters, or papers shall not be sold, but shall be deposited with the department of revenue as unclaimed property unless sooner claimed by the owner. The department may hold or destroy documents or letters or other papers, and the holder shall not be held liable to any person or persons whatsoever for the destruction of papers or other contents which the department declines to accept. 22.28.060 [Title 22 RCW—page 22] The provision of this section shall not preclude any other remedy by action or otherwise now existing for the enforcement of the claims of a corporation against the person in whose name such safe or box stood, nor bar the right of a safe deposit company to recover so much of the debt due it as shall not be paid by the proceeds of the sale of the property deposited with it. The sale or disposition of property in accordance with this chapter shall discharge the holder of all liability to the owner for such sale or disposition, irrespective of whether a better price could have been obtained by a sale at a different time or in a different method from that selected by the holder. [1983 c 289 § 2; 1923 c 186 § 5; RRS § 3386. Formerly RCW 22.28.060, 22.28.070.] Chapter 22.32 Chapter 22.32 RCW GENERAL PENALTIES Sections 22.32.010 22.32.020 22.32.030 22.32.040 22.32.050 Warehouseman or carrier refusing to issue receipt. Fictitious bill of lading and receipt. Fraudulent tampering with or mixing goods. Issuance of second receipt not marked "duplicate." Delivery of goods without taking up receipt. Crimes relating to corporations: Chapter 9.24 RCW. Warehouse receipts, bills of lading, and other documents of title—Uniform commercial code: Article 62A.7 RCW. 22.32.010 22.32.010 Warehouseman or carrier refusing to issue receipt. Every person or corporation, and every officer, agent and employee thereof, receiving any goods, wares or merchandise, for sale or on commission, for storage, carriage or forwarding, who, having an opportunity to inspect the same, shall fail or refuse to deliver to the owner thereof a receipt duly signed, bearing the date of issuance, describing the goods, wares or merchandise received and the quantity, quality and condition thereof, and specifying the terms and conditions upon which they are received, shall be guilty of a misdemeanor. [1909 c 249 § 391; RRS § 2643.] 22.32.020 22.32.020 Fictitious bill of lading and receipt. Every person or corporation engaged wholly or in part in the business of a common carrier or warehouseman, and every officer, agent or employee thereof, who shall issue any bill of lading, receipt or other voucher by which it shall appear that any goods, wares or merchandise have been received by such carrier or warehouseman, unless the same have been so received and shall be at the time actually under his control, or who shall issue any bill of lading, receipt or voucher containing any false statement concerning any material matter, shall be guilty of a gross misdemeanor. But no person shall be convicted under this section for the reason that the contents of any barrel, box, case, cask or other closed vessel or package mentioned in the bill of lading, receipt or voucher did not correspond with the description thereof in such instrument, if such description corresponds substantially with the mark on the outside of such barrel, box, case, cask, vessel or package, unless it appears that the defendant knew that such marks were untrue. [1909 c 249 § 392; RRS § 2644. Prior: 1891 c 69 § 7; Code 1881 § 836; 1873 p 193 § 62; 1854 p 85 § 56.] (2008 Ed.) General Penalties 22.32.050 22.32.030 Fraudulent tampering with or mixing goods. Every person mentioned in RCW 22.32.020, who shall fraudulently mix or tamper with any goods, wares or merchandise under his control, shall be guilty of a gross misdemeanor. [1909 c 249 § 393; RRS § 2645.] 22.32.030 Reviser’s note: Caption for 1909 c 249 § 393 reads as follows: "SEC. 393. WAREHOUSEMAN FRAUDULENTLY MIXING GOODS." 22.32.040 Issuance of second receipt not marked "duplicate." Every person mentioned in RCW 22.32.020, who shall issue any second or duplicate receipt or voucher of the kind specified in said section, while a former receipt or voucher for the goods, wares or merchandise specified in such second receipt is outstanding and uncanceled, without writing across the face of the same the word "Duplicate," in a plain and legible manner, shall be guilty of a misdemeanor. [1909 c 249 § 394; RRS § 2646.] 22.32.040 Reviser’s note: Caption for 1909 c 249 § 394 reads as follows: "SEC. 394. DUPLICATE RECEIPT." 22.32.050 Delivery of goods without taking up receipt. Each person mentioned in RCW 22.32.020 who shall deliver to another any goods, wares or merchandise for which a bill of lading, receipt or voucher has been issued, unless such bill of lading, receipt or voucher is surrendered and canceled or a lawful and sufficient bond or undertaking is given therefor at the time of such delivery, or unless, in case of a partial delivery, a memorandum thereof is endorsed upon such bill of lading, receipt or voucher, shall be guilty of a misdemeanor. [1909 c 249 § 395; RRS § 2647.] 22.32.050 Reviser’s note: Caption for 1909 c 249 § 395 reads as follows: "SEC. 395. BILL OF LADING OR RECEIPT MUST BE CANCELED ON REDELIVERY OF PROPERTY." (2008 Ed.) [Title 22 RCW—page 23] Title 23 Title 23 CORPORATIONS AND ASSOCIATIONS (PROFIT) (Business Corporation Act: See Title 23B RCW) Chapters 23.78 Employee cooperative corporations. 23.86 Cooperative associations. 23.90 Massachusetts trusts. Reviser’s note: See Title 23B RCW for the Washington Business Corporation Act. Acknowledgment form, corporations: RCW 64.08.070. Acquisition of corporate stock by another corporation to lessen competition declared unlawful—Exceptions—Judicial order to divest: RCW 19.86.060. Actions by and against public corporations: RCW 4.08.110, 4.08.120. Constitutional provisions, generally: State Constitution Art. 12. Consumer loan act: Chapter 31.04 RCW. Corporations for educational, social, religious, fraternal, etc., purposes: Title 24 RCW. Crimes relating to corporations: Chapter 9.24 RCW. Criminal procedure: RCW 10.01.070 through 10.01.100. Dentistry, practice or solicitation prohibited: RCW 18.32.675. Doing business without license, gross misdemeanor: RCW 9.24.040. Eminent domain by corporations: Chapter 8.20 RCW. Legal services, advertising of, penalty: RCW 30.04.260. Materials specifically authorized to be printed and distributed by secretary of state: RCW 43.07.140. Partnerships: Title 25 RCW. "Person" defined: RCW 1.16.080. Seals, effect of: RCW 64.04.105. Secretary of state, duties: Chapter 43.07 RCW. Washington business corporation act: Title 23B RCW. TABLE OF PRIOR LAWS LAWS OF CHAPTER 1866 1867 1869 1871 1873 1879 1879 1879 1879 1879 Code 1881 1883 1886 1888 1888 1890 1891 1891 1893 (2008 Ed.) 31 32 9 35 116 118 PAGES 55-66 137-138 330-350 101 398-419 109 124 134 140 155 §§ 2421-2487 45 84-89 63-64 65 288-291 73 213 279 1895 1895 1895 1897 1899 1899 1903 1903 1905 1905 1905 1907 1907 1909 1909 ex.s. 1911 1911 1915 1919 1923 1923 1923 1923 1925 ex.s. 1925 ex.s. 1925 ex.s. 1927 1927 1929 38 127 142 70 58 106 84 93 11 27 109 107 140 46 19 41 80 93 172 39 105 144 168 87 147 149 169 206 227 61 338 355 134 100 174 124 141 27 51 215 205 270 72 57 135 379 272 512 102 288 462 539 112 410 417 188 301 631 TABLE OF COMPILATION OF PRIOR LAWS 1 Hill’s Code §§ 1497 through 1645 1 Ballinger’s §§ 4250 through 4462 2 Rem. and Bal. §§ 3677 through 3766-20 Rem. 1915 Code §§ 3677 through 3677-20 Rem. Comp. Stat. §§ 3803 through 3923 Rem. Rev. Stat. §§ 3803 through 3923-24 Chapter 23.78 Chapter 23.78 RCW EMPLOYEE COOPERATIVE CORPORATIONS Sections 23.78.010 23.78.020 23.78.030 23.78.040 23.78.050 23.78.060 23.78.070 Definitions. Election by corporation to be governed as an employee cooperative—Laws governing. Revocation of election. Corporate name. Members—Membership shares. Right to vote—Power to amend or repeal bylaws—Right to amend articles of incorporation. Net earnings or losses—Apportionment, distribution, and payment. [Title 23 RCW—page 1] 23.78.010 23.78.080 23.78.090 23.78.100 23.78.900 23.78.902 Title 23 RCW: Corporations and Associations (Profit) Internal capital accounts authorized—Redemptions—Assignment of portion of retained net earnings and net losses to collective reserve account authorized. Internal capital account cooperatives. Provision for conversion of shares and accounts—Limitations upon merger. Short title. Severability—1987 c 457. Employee ownership programs through the department of community, trade, and economic development: RCW 43.63A.230. (3) Membership shares shall be issued for a fee as determined from time to time by the directors. RCW 23B.06.040 and 23B.06.200 do not apply to such membership shares. Members of an employee cooperative shall have all the rights and responsibilities of stockholders of a corporation organized under Title 23B RCW, except as otherwise provided in this chapter. [1991 c 72 § 11; 1987 c 457 § 6.] 23.78.060 Right to vote—Power to amend or repeal bylaws—Right to amend articles of incorporation. (1) No capital stock other than membership shares shall be given voting power in an employee cooperative, except as otherwise provided in this chapter, or in the articles of incorporation. (2) The power to amend or repeal bylaws of an employee cooperative shall be in the members only. (3) Except as otherwise permitted by RCW 23B.10.040, no capital stock other than membership shares shall be permitted to vote on any amendment to the articles of incorporation. [1991 c 72 § 12; 1987 c 457 § 7.] 23.78.060 23.78.010 Definitions. For the purposes of this chapter, the terms defined in this section have the meanings given: (1) "Employee cooperative" means a corporation that has elected to be governed by the provisions of this chapter. (2) "Member" means a natural person who has been accepted for membership in, and owns a membership share issued by an employee cooperative. (3) "Patronage" means the amount of work performed as a member of an employee cooperative, measured in accordance with the articles of incorporation and bylaws. (4) "Written notice of allocation" means a written instrument which discloses to a member the stated dollar amount of the member’s patronage allocation, and the terms for payment of that amount by the employee cooperative. [1987 c 457 § 2.] 23.78.010 23.78.020 Election by corporation to be governed as an employee cooperative—Laws governing. Any corporation organized under the laws of this state may elect to be governed as an employee cooperative under the provisions of this chapter, by so stating in its articles of incorporation, or articles of amendment filed in accordance with Title 23B RCW. A corporation so electing shall be governed by all provisions of Title 23B RCW, except RCW 23B.07.050, 23B.13.020, and chapter 23B.11 RCW, and except as otherwise provided in this chapter. [1991 c 72 § 9; 1987 c 457 § 3.] 23.78.020 23.78.030 Revocation of election. An employee cooperative may revoke its election under this chapter by a vote of two-thirds of the members and through articles of amendment filed with the secretary of state in accordance with RCW 23B.01.200 and 23B.10.060. [1991 c 72 § 10; 1987 c 457 § 4.] 23.78.030 23.78.040 Corporate name. An employee cooperative may include the word "cooperative" or "co-op" in its corporate name. [1987 c 457 § 5.] 23.78.040 23.78.050 Members—Membership shares. (1) The articles of incorporation or the bylaws shall establish qualifications and the method of acceptance and termination of members. No person may be accepted as a member unless employed by the employee cooperative on a full-time or parttime basis. (2) An employee cooperative shall issue a class of voting stock designated as "membership shares." Each member shall own only one membership share, and only members may own these shares. 23.78.050 [Title 23 RCW—page 2] 23.78.070 Net earnings or losses—Apportionment, distribution, and payment. (1) The net earnings or losses of an employee cooperative shall be apportioned and distributed at the times and in the manner as the articles of incorporation or bylaws shall specify. Net earnings declared as patronage allocations with respect to a period of time, and paid or credited to members, shall be apportioned among the members in accordance with the ratio which each member’s patronage during the period involved bears to total patronage by all members during that period. (2) The apportionment, distribution, and payment of net earnings required by subsection (1) of this section may be in cash, credits, written notices of allocation, or capital stock issued by the employee cooperative. [1987 c 457 § 8.] 23.78.070 23.78.080 Internal capital accounts authorized— Redemptions—Assignment of portion of retained net earnings and net losses to collective reserve account authorized. (1) Any employee cooperative may establish through its articles of incorporation or bylaws a system of internal capital accounts to reflect the book value and to determine the redemption price of membership shares, capital stock, and written notices of allocation. (2) The articles of incorporation or bylaws of an employee cooperative may permit the periodic redemption of written notices of allocation and capital stock, and must provide for recall and redemption of the membership share upon termination of membership in the cooperative. No redemption shall be made if redemption would result in a violation of RCW 23B.06.400. (3) The articles of incorporation or bylaws may provide for the employee cooperative to pay or credit interest on the balance in each member’s internal capital account. (4) The articles of incorporation or bylaws may authorize assignment of a portion of retained net earnings and net losses to a collective reserve account. Earnings assigned to the collective reserve account may be used for any and all corporate purposes as determined by the board of directors. [1991 c 72 § 13; 1987 c 457 § 9.] 23.78.080 (2008 Ed.) Cooperative Associations 23.78.090 Internal capital account cooperatives. (1) An internal capital account cooperative is an employee cooperative whose entire net book value is reflected in internal capital accounts, one for each member, and a collective reserve account, and in which no persons other than members own capital stock. In an internal capital account cooperative, each member shall have one and only one vote in any matter requiring voting by stockholders. (2) An internal capital account cooperative shall credit the paid-in membership fee and additional paid-in capital of a member to the member’s internal capital account, and shall also record the apportionment of retained net earnings or net losses to the members in accordance with patronage by appropriately crediting or debiting the internal capital accounts of members. The collective reserve account in an internal capital account cooperative shall reflect any paid-in capital, net losses, and retained net earnings not allocated to individual members. (3) In an internal capital account cooperative, the balances in all the individual internal capital accounts and collective reserve account, if any, shall be adjusted at the end of each accounting period so that the sum of the balances is equal to the net book value of the employee cooperative. [1987 c 457 § 10.] 23.86.075 23.86.080 23.86.085 23.86.087 23.86.090 23.86.095 23.86.100 23.86.105 23.86.115 23.86.125 23.86.135 23.86.145 23.86.155 23.78.100 Provision for conversion of shares and accounts—Limitations upon merger. (1) When any employee cooperative revokes its election in accordance with RCW 23.78.030, the articles of amendment shall provide for conversion of membership shares and internal capital accounts or their conversion to securities or other property in a manner consistent with Title 23B RCW. (2) An employee cooperative that has not revoked its election under this chapter may not merge with another corporation other than an employee cooperative. Two or more employee cooperatives may merge in accordance with RCW 23B.01.200, 23B.07.050, and chapter 23B.11 RCW. [1991 c 72 § 14; 1987 c 457 § 11.] 23.86.340 23.86.350 23.86.360 23.86.370 23.86.400 23.86.410 23.78.090 23.78.100 23.78.900 Short title. This chapter may be cited as the employee cooperative corporations act. [1987 c 457 § 1.] 23.78.900 23.78.902 Severability—1987 c 457. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1987 c 457 § 16.] 23.78.902 Chapter 23.86 Chapter 23.86 RCW COOPERATIVE ASSOCIATIONS Sections 23.86.007 23.86.010 23.86.020 23.86.022 23.86.030 23.86.035 23.86.050 23.86.055 23.86.070 (2008 Ed.) Definitions. Cooperative associations—Who may organize. Business authorized. Certificate of authority as insurance company—Filing of documents. Association name—Immunity from liability of association board members and officers. Powers. Articles—Contents. Articles—Filing. Filing fees. 23.86.160 23.86.170 23.86.191 23.86.195 23.86.200 23.86.210 23.86.220 23.86.230 23.86.250 23.86.300 23.86.310 23.86.320 23.86.330 23.86.335 23.86.900 23.86.007 Fees for services by secretary of state. Directors—Election and appointment. Election of officers. Removal of officers or directors. Amendments to articles. Registered office and agent. Bylaws. Member liability—Termination. Voting. Voting—Quorum. Members right to dissent. Rights of dissenting members. Failure to appoint registered agent—Removal—Reinstatement. Apportionment of earnings. Distribution of dividends. Indemnification of agents of any corporation authorized. Cooperative associations organized under other statutes— Reorganization under chapter. Definitions. Conversion of cooperative association to domestic ordinary business corporation—Procedure. Merger of cooperative association with one or more cooperative associations or business corporations—Procedure. Merger of cooperative association with one or more cooperative associations or business corporations—Rights, powers, duties and liabilities of surviving entity—Articles. Dissolution. Application of RCW 24.06.055 and 24.06.060. Application of RCW 24.06.440. Application of RCW 24.06.445. Application of RCW 23B.14.200 and 23B.14.210. Application of RCW 23B.14.203—Name not distinguishable from name of governmental entity. Application of RCW 23B.14.220—Reinstatement. Application of RCW 24.06.100 and 24.06.105. Application of Title 23B RCW. Application of RCW 24.06.340 through 24.06.435. Locally regulated utilities—Attachments to poles. Tariff for irrigation pumping service—Authority for locally regulated utility to buy back electricity. Application—1989 c 307. Exemptions to commission merchant’s act: RCW 20.01.030. Revolving fund of secretary of state, deposit of moneys for costs of carrying out secretary of state’s functions under this chapter: RCW 43.07.130. 23.86.007 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Association" means any corporation subject to this chapter. (2) "Member" or "members" includes a member or members of an association subject to this chapter without capital stock and a shareholder or shareholders of voting common stock in an association subject to this chapter with capital stock. (3) "Articles of incorporation" means the original or restated articles of incorporation, articles of consolidation, or articles of association and all amendments including articles of merger. Corporations incorporated under this chapter with articles of association shall not be required to amend the title or references to the term "articles of association." (4) "Director," "directors," or "board of directors" includes "trustee," "trustees," or "board of trustees" respectively. Corporations incorporated under this chapter with references in their articles of association or bylaws to "trustee," "trustees," or "board of trustees" shall not be required to amend the references. (5) "Agricultural association" means an association that engages in any activity in connection with the marketing or selling of the agricultural products of its members, or with the harvesting, preserving, drying, processing, canning, packing, 23.86.007 [Title 23 RCW—page 3] 23.86.010 Title 23 RCW: Corporations and Associations (Profit) storing, handling, shipping, or utilization thereof, or the manufacturing or marketing of the byproducts thereof; or in connection with the manufacturing, selling, or supplying to its members of machinery, equipment, or supplies, or in the financing of these activities. In the application of the definition of agricultural association, "agricultural products" includes horticultural, viticultural, forestry, dairy, livestock, poultry, bee, and farm products. [1994 c 206 § 1; 1989 c 307 § 3.] Legislative finding—1989 c 307: "The legislature finds that since 1921 there have existed in the laws of this state two separate incorporation statutes expressly designed for corporations intending to operate as nonprofit cooperatives. The existence of two cooperative incorporation statutes has been the source of confusion, disparity of treatment, and legal and administrative ambiguities, and the rationale for having two cooperative incorporation statutes is no longer valid. These cooperative incorporation statutes have not been updated with the regularity of this state’s business incorporation statutes and, as a result, are deficient in certain respects." [1989 c 307 § 1.] 23.86.010 Cooperative associations—Who may organize. Any number of persons may associate themselves together as a cooperative association, society, company or exchange, with or without capital stock, for the transaction of any lawful business on the cooperative plan. For the purposes of this chapter the words "association," "company," "exchange," "society" or "union" shall be construed the same. [1989 c 307 § 4; 1913 c 19 § 1; RRS § 3904. Formerly RCW 23.56.010.] [1954 SLC-RO-7] 23.86.010 Legislative finding—1989 c 307: See note following RCW 23.86.007. Severability—1913 c 19: "If any section or part of a section of this act shall for any cause be held unconstitutional such fact shall not affect the remainder of this act." [1913 c 19 § 20.] This applies to RCW 23.86.010 through 23.86.190. 23.86.020 Business authorized. An association created under this chapter, being for mutual welfare, the words "lawful business" shall extend to every kind of lawful effort for business, agricultural, dairy, mercantile, mining, manufacturing or mechanical business, on the cooperative plan. [1913 c 19 § 7; RRS § 3910. Formerly RCW 23.56.020.] 23.86.020 23.86.022 Certificate of authority as insurance company—Filing of documents. For those corporations that have a certificate of authority, are applying for, or intend to apply for a certificate of authority from the insurance commissioner as an insurance company under chapter 48.05 RCW, whenever under this chapter corporate documents are required to be filed with the secretary of state, the documents shall be filed with the insurance commissioner rather than the secretary of state. [1998 c 23 § 4.] 23.86.022 23.86.030 Association name—Immunity from liability of association board members and officers. (1) The name of any association subject to this chapter may contain the word "corporation," "incorporated," or "limited" or an abbreviation of any such word. (2) No corporation or association organized or doing business in this state shall be entitled to use the term "cooperative" as a part of its corporate or other business name or title, unless it: (a) Is subject to the provisions of this chapter, chapter 23.78, or 31.12 RCW; (b) is subject to the provisions of chapter 24.06 RCW and operating on a cooperative basis; (c) 23.86.030 [Title 23 RCW—page 4] is, on July 23, 1989, an organization lawfully using the term "cooperative" as part of its corporate or other business name or title; or (d) is a nonprofit corporation or association the voting members of which are corporations or associations operating on a cooperative basis. Any corporation or association violating the provisions of this section may be enjoined from doing business under such name at the instance of any member or any association subject to this chapter. (3) A member of the board of directors or an officer of any association subject to this chapter shall have the same immunity from liability as is granted in RCW 4.24.264. [1989 c 307 § 5; 1987 c 212 § 706; 1913 c 19 § 17; RRS § 3920. Formerly RCW 23.56.030.] Legislative finding—1989 c 307: See note following RCW 23.86.007. 23.86.035 23.86.035 Powers. Each association subject to this chapter shall have the following powers: (1) To have perpetual succession by its corporate name unless a limited period of duration is stated in the articles of incorporation. (2) To sue and be sued, complain, and defend in its corporate name. (3) To have and use a corporate seal. (4) To purchase, take, receive, lease, or otherwise acquire, own, hold, improve, use, and deal in and with real or personal property or any interest therein, wherever situated. (5) To sell, convey, mortgage, pledge, lease, exchange, transfer, or otherwise dispose of all or any part of its property and assets. (6) To purchase, take, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge, or otherwise dispose of, use, and deal in and with shares or other interest in, or obligations of, other domestic or foreign corporations, associations, partnerships or individuals, or direct or indirect obligations of the United States or any other government, state, territory, governmental district or municipality, or any instrumentality thereof. (7) To make contracts and incur liabilities, borrow money at rates of interest the association may determine, issue notes, bonds, certificates of indebtedness, and other obligations, receive funds from members and pay interest thereon, issue capital stock and certificates representing equity interests in assets, allocate earnings and losses at the times and in the manner the articles of incorporation or bylaws or other contract specify, create book credits, capital funds, and reserves, and secure obligations by mortgage or pledge of any of its property, franchises, and income. (8) To lend money for corporate purposes, invest and reinvest funds, and take and hold real and personal property as security for the payment of funds loaned or invested. (9) To conduct business, carry on operations, have offices, and exercise the powers granted by this chapter, within or without this state. (10) To elect or appoint officers and agents of the corporation, define their duties, and fix their compensation. (11) To make and alter bylaws, not inconsistent with its articles of incorporation or with the laws of this state, for the administration and regulation of the affairs of the association. (2008 Ed.) Cooperative Associations (12) To make donations for the public welfare or for charitable, scientific, or educational purposes, and in time of war to make donations in aid of war activities. (13) To pay pensions and establish pension plans, pension trusts, profit-sharing plans, stock bonus plans, stock option plans, and other incentive plans for any or all of its directors, officers, and employees. (14) To be a partner, member, associate, or manager of any partnership, joint venture, trust, or other enterprise. (15) To cease corporate activities and surrender its corporate franchise. (16) To have and exercise all powers necessary or convenient to effect its purposes. [1989 c 307 § 6.] Legislative finding—1989 c 307: See note following RCW 23.86.007. 23.86.050 Articles—Contents. Every association formed under this chapter after July 23, 1989, shall prepare articles of incorporation in writing, which shall set forth: (1) The name of the association. (2) The purpose for which it was formed which may include the transaction of any lawful business for which associations may be incorporated under this chapter. It shall not be necessary to set forth in the articles of incorporation any of the corporate powers enumerated in this chapter. (3) Its principal place of business. (4) The term for which it is to exist which may be perpetual or for a stated number of years. (5) If organized without capital stock, whether the property rights and interest of each member shall be equal or unequal; and if unequal, the articles shall set forth the general rules by which the property rights and interests of all members shall be determined and fixed. The association may admit new members who shall be entitled to share in the property of the association with old members in accordance with the general rules. (6) If the association is to have capital stock: (a) The aggregate number of shares which the association shall have authority to issue; if shares are to consist of one class only, the par value of each share, or a statement that all shares are without par value; or, if shares are to be divided into classes, the number of shares of each class, and a statement of the par value of the shares of each class or that shares are to be without par value; (b) If the shares are to be divided into classes, the designation of each class and a statement of the preferences, limitations, and relative rights in respect to the shares of each class; (c) If the association is to issue the shares of any preferred or special class in series, the designation of each series and a statement of the variations in the relative rights and preferences between series fixed in the articles of incorporation, and a statement of any authority vested in the board of directors to establish series and fix and determine the variations in the relative rights and preferences between series; and (d) Any provision limiting or denying to members the preemptive right to acquire additional shares of the association. (7) Provisions for distribution of assets on dissolution or final liquidation. 23.86.050 (2008 Ed.) 23.86.055 (8) Whether a dissenting member shall be limited to a return of less than the fair value of the member’s equity interest in the association. A dissenting member may not be limited to a return of less than the consideration paid to or retained by the association for the equity interest unless the fair value is less than the consideration paid to or retained by the association. (9) The address of its initial registered office, including street and number, and the name of its initial registered agent at the address. (10) The number of directors constituting the initial board of directors and the names and addresses of the persons who are to serve as the initial directors. (11) The name and address of each incorporator. (12) Any provision, not inconsistent with law, which the incorporators elect to set forth in the articles of incorporation for the regulation of the internal affairs of the association, including provisions regarding: (a) Eliminating or limiting the personal liability of a director to the association or its members for monetary damages for conduct as a director: PROVIDED, That such provision shall not eliminate or limit the liability of a director for acts or omissions that involve intentional misconduct by a director or a knowing violation of law by a director, or for any transaction from which the director will personally receive a benefit in money, property, or services to which the director is not legally entitled. No such provision may eliminate or limit the liability of a director for any act or omission occurring before the date when such provision becomes effective; and (b) Any provision which under this chapter is required or permitted to be set forth in the bylaws. Associations organized under this chapter before July 23, 1989, or under *chapter 24.32 RCW shall not be required to amend their articles of association or articles of incorporation to conform to this section unless the association is otherwise amending the articles of association or articles of incorporation. The information specified in subsections (9) through (11) of this section may be deleted when filing amendments. [1989 c 307 § 7; 1987 c 212 § 704; 1982 c 35 § 171; 1961 c 34 § 1; 1913 c 19 § 2; RRS § 3905. Formerly RCW 23.56.050.] *Reviser’s note: Chapter 24.32 RCW was repealed by 1989 c 307. Legislative finding—1989 c 307: See note following RCW 23.86.007. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 23.86.055 Articles—Filing. (1) Duplicate originals of the articles of incorporation signed by the incorporators shall be delivered to the secretary of state. If the secretary of state finds that the articles of incorporation conform to law, the secretary of state shall, when all required fees have been paid: (a) Endorse each original with the word "filed" and the effective date of the filing. (b) File one original in his or her office. (c) Issue a certificate of incorporation with one original attached. (2) The certificate of incorporation, with an original of the articles of incorporation affixed by the secretary of state, 23.86.055 [Title 23 RCW—page 5] 23.86.070 Title 23 RCW: Corporations and Associations (Profit) shall be returned to the incorporators or their representatives and shall be retained by the association. (3) Upon the filing of the articles of incorporation, the corporate existence shall begin, and the certificate of incorporation shall, except as against the state in a proceeding to cancel or revoke the certificate of incorporation, be conclusive evidence that all conditions precedent required to be performed by the incorporators have been complied with and that the corporation has been incorporated under this chapter. [1989 c 307 § 8.] their number a chairman of the board of directors and one or more vice-chairmen. They shall also elect a secretary and treasurer, who need not be directors, and they may combine the two offices and designate the combined office as secretary-treasurer. The treasurer may be a bank or any depository, and as such shall not be considered an officer but a function of the board of directors. In such case, the secretary shall perform the usual accounting duties of the treasurer, except that the funds shall be deposited only as authorized by the board of directors. [1989 c 307 § 11.] Legislative finding—1989 c 307: See note following RCW 23.86.007. Legislative finding—1989 c 307: See note following RCW 23.86.007. 23.86.070 Filing fees. For filing articles of incorporation of an association organized under this chapter or filing application for a certificate of authority by a foreign corporation, there shall be paid to the secretary of state the sum of twenty-five dollars. Fees for filing an amendment to articles of incorporation shall be established by the secretary of state by rule. For filing other documents with the secretary of state and issuing certificates, fees shall be as prescribed in RCW 23B.01.220. Associations subject to this chapter shall not be subject to any corporation license fees excepting the fees hereinabove enumerated. [1993 c 269 § 1; 1991 c 72 § 15; 1989 c 307 § 9; 1982 c 35 § 173; 1959 c 263 § 2; 1953 c 214 § 1; 1925 ex.s. c 99 § 1; 1913 c 19 § 4; RRS § 3907. Formerly RCW 23.56.070.] 23.86.087 Removal of officers or directors. Any member may bring charges against an officer or director by filing charges in writing with the secretary of the association, together with a petition signed by ten percent of the members requesting the removal of the officer or director in question. The removal shall be voted upon at the next regular or special meeting of the association and, by a vote of a majority of the members voting, the association may remove the officer or director and fill the vacancy. The director or officer against whom such charges have been brought shall be informed in writing of the charges prior to the meeting and shall have an opportunity at the meeting to be heard in person or by counsel and to present witnesses. The person or persons bringing the charges shall have the same opportunity. If the bylaws provide for election of directors by districts, the petition for removal of a director must be signed by the number of members residing in the district from which the officer or director was elected as the articles of incorporation or bylaws specify and, in the absence of such specification, the petition must be signed by ten percent of the members residing in the district. The board of directors must call a special meeting of the members residing in that district to consider the removal of the director. By a vote of the majority of the members of the district voting, the association may remove the officer or director and fill the vacancy. [1989 c 307 § 12.] 23.86.070 Effective date—1993 c 269: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993." [1993 c 269 § 17.] Legislative finding—1989 c 307: See note following RCW 23.86.007. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 23.86.075 Fees for services by secretary of state. See RCW 43.07.120. 23.86.075 23.86.080 Directors—Election and appointment. (1) Associations shall be managed by a board of not less than three directors (which may be referred to as "trustees"). The directors shall be elected by the members of the association at such time, in such manner, and for such term of office as the bylaws may prescribe, and shall hold office during the term for which they were elected and until their successors are elected and qualified. (2) Except as provided in RCW 23.86.087, any vacancy occurring in the board of directors, and any directorship to be filled by reason of an increase in the number of directors, may be filled by the board of directors unless the articles of incorporation or the bylaws provide that a vacancy or directorship so created shall be filled in some other manner. A director elected or appointed to fill a vacancy shall be elected or appointed for the unexpired term of the predecessor in office. [2003 c 252 § 1; 1989 c 307 § 10; 1913 c 19 § 5; RRS § 3908. Formerly RCW 23.56.080.] 23.86.080 Legislative finding—1989 c 307: See note following RCW 23.86.007. 23.86.085 Election of officers. The directors shall elect a president and one or more vice presidents, who need not be directors. If the president and vice presidents are not members of the board of directors, the directors shall elect from 23.86.085 [Title 23 RCW—page 6] 23.86.087 Legislative finding—1989 c 307: See note following RCW 23.86.007. 23.86.090 Amendments to articles. The articles of incorporation may be amended by a majority vote of the members voting thereon, at any regular meeting or at any special meeting called for that purpose, after notice of the proposed amendment has been given to all members entitled to vote thereon, in the manner provided by the bylaws: PROVIDED, That if the total vote upon the proposed amendment shall be less than twenty-five percent of the total membership of the association, the amendment shall not be approved. At the meeting, members may vote upon the proposed amendment in person, or by written proxy, or by mailed ballot. The power to amend shall include the power to extend the period of its duration for a further definite time or perpetually, and also include the power to increase or diminish the amount of capital stock and the number of shares: PROVIDED, The amount of the capital stock shall not be diminished below the amount of the paid-up capital stock at the time such amendment is adopted. After the adoption of an amendment to its articles of incorporation, the association shall cause a copy of such amendment adopted to be recorded in the office of the secretary of state as provided in RCW 24.06.195. [1989 c 23.86.090 (2008 Ed.) Cooperative Associations 307 § 23; 1982 c 35 § 174; 1981 c 297 § 32; 1961 c 34 § 2; 1913 c 19 § 6; RRS § 3909. Formerly RCW 23.56.090.] Legislative finding—1989 c 307: See note following RCW 23.86.007. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. Severability—1981 c 297: See note following RCW 15.36.201. 23.86.095 Registered office and agent. Effective January 1, 1990, every association subject to this chapter shall have and maintain a registered office and a registered agent in this state in accordance with the requirements set forth in RCW 24.06.050. [1989 c 307 § 13.] 23.86.095 Legislative finding—1989 c 307: See note following RCW 23.86.007. 23.86.100 Bylaws. Any association subject to this chapter may pass bylaws to govern itself in the carrying out of the provisions of this chapter which are not inconsistent with the provisions of this chapter. [1989 c 307 § 24; 1913 c 19 § 19; RRS § 3922. Formerly RCW 23.56.100.] 23.86.100 Legislative finding—1989 c 307: See note following RCW 23.86.007. 23.86.105 Member liability—Termination. (1) Except for debts lawfully contracted between a member and the association, no member shall be liable for the debts of the association to an amount exceeding the sum remaining unpaid on his or her membership fee or subscription to capital stock. (2) Membership may be terminated under provisions, rules, or regulations prescribed in the articles of incorporation or bylaws. In the absence thereof, the board of directors may prescribe such provisions, rules, and regulations. [1989 c 307 § 19.] 23.86.105 Legislative finding—1989 c 307: See note following RCW 23.86.007. 23.86.115 Voting. (1) The right of a member to vote may be limited, enlarged, or denied to the extent specified in the articles of incorporation or bylaws. Unless so limited, enlarged, or denied, each member shall be entitled to one vote on each matter submitted to a vote of members. The bylaws may allow subscribers to vote as members if one-fifth of the subscription for the membership fee or capital stock has been paid. (2) A member may vote in person or, unless the articles of incorporation or the bylaws otherwise provide, may vote by mail or by proxy executed in writing by the member or by a duly authorized attorney-in-fact. No proxy shall be valid for more than eleven months from the date of its execution unless otherwise specified in the proxy. Votes by mail or by proxy shall be made by mail ballot or proxy form prepared and distributed by the association in accordance with procedures set forth in the articles of incorporation or bylaws. Persons voting by mail shall be deemed present for all purposes of quorum, count of votes, and percentage voting of total voting power. (3) If the articles of incorporation or bylaws provide for more or less than one vote per member on any matter, every reference in this chapter to a majority or other proportion of members shall refer to such a majority or other proportion of votes entitled to be cast by members. [1989 c 307 § 21.] 23.86.115 Legislative finding—1989 c 307: See note following RCW 23.86.007. (2008 Ed.) 23.86.155 23.86.125 Voting—Quorum. Except as otherwise provided in this chapter, the articles of incorporation or the bylaws may provide the number or percentage of votes that members are entitled to cast in person, by mail, or by proxy that shall constitute a quorum at meetings of members. In the absence of any provision in the articles of incorporation or bylaws, twenty-five percent of the total membership of the association shall constitute a quorum. [1989 c 307 § 22.] 23.86.125 Legislative finding—1989 c 307: See note following RCW 23.86.007. 23.86.135 Members right to dissent. A member of an association shall have the right to dissent from any of the following association actions: (1) Any plan of merger or consolidation to which the association is a party; (2) Any plan of conversion of the association to an ordinary business corporation; or (3) Any sale or exchange of all or substantially all of the property and assets of the association not made in the usual and regular course of its business, including a sale in dissolution, but not including a sale pursuant to an order of a court having jurisdiction in the premises or a sale for cash on terms requiring that all or substantially all of the net proceeds of the sale be distributed to the members in accordance with their respective interests within one year from the date of sale. [1989 c 307 § 30.] 23.86.135 Legislative finding—1989 c 307: See note following RCW 23.86.007. 23.86.145 Rights of dissenting members. (1) Except as provided otherwise under this chapter, the rights and procedures set forth in chapter 23B.13 RCW shall apply to a member who elects to exercise the right of dissent. (2) The articles of incorporation of an association subject to this chapter may provide that a dissenting member shall be limited to a return of less than the fair value of the member’s equity interest in the association, but a dissenting member may not be limited to a return of less than the consideration paid to or retained by the association for the equity interest unless the fair value is less than the consideration paid to or retained by the association. (3) Any member of an agricultural association who exercises the right to dissent from an association action described in RCW 23.86.135 shall be entitled to payment of the member’s equity interest on the same time schedule that would have applied if membership in the association had been terminated. (4) Subsection (3) of this section does not apply to agricultural associations that are involved in an action under subsection (3) of this section before June 9, 1994: (a) As to the associations that were involved in the particular action; (b) for three years after June 9, 1994. [1994 c 206 § 2; 1991 c 72 § 16; 1989 c 307 § 31.] 23.86.145 Legislative finding—1989 c 307: See note following RCW 23.86.007. 23.86.155 Failure to appoint registered agent— Removal—Reinstatement. (1) The secretary of state shall notify all associations subject to this chapter thirty days prior to July 23, 1989, that in the event they fail to appoint a registered agent as provided in RCW 23.86.095, they shall thereupon cease to be recorded as an active corporation. 23.86.155 [Title 23 RCW—page 7] 23.86.160 Title 23 RCW: Corporations and Associations (Profit) (2) If the notification provided under subsection (1) of this section from the secretary of state to any association was or has been returned unclaimed or undeliverable, the secretary of state shall proceed to remove the name of such association from the records of active corporations. (3) Associations removed from the records of active corporations under subsection (2) of this section may be reinstated at any time within ten years of the action by the secretary of state. The association shall be reinstated to active status by filing a request for reinstatement, by appointment of a registered agent and designation of a registered office as required by this chapter, and by filing an annual report for the reinstatement year. No fees may be charged for reinstatements under this section. If, during the period of inactive status, another person or corporation has reserved or adopted a corporate name which is identical to or deceptively similar to the association’s name, the association seeking reinstatement shall be required to adopt another name consistent with the requirements of this chapter and to amend its articles of incorporation accordingly. (4) If no action is taken to reinstate to active status as provided in subsection (3) of this section, the association shall be administratively dissolved. [1989 c 307 § 35.] Legislative finding—1989 c 307: See note following RCW 23.86.007. 23.86.160 23.86.160 Apportionment of earnings. The directors may apportion the net earnings by paying dividends upon the paid-up capital stock at a rate not exceeding eight percent per annum. They may set aside reasonable reserves out of such net earnings for any association purpose. The directors may, however, distribute all or any portion of the net earnings to members in proportion to the business of each with the association and they may include nonmembers at a rate not exceeding that paid to members. The directors may distribute, on a patronage basis, such net earnings at different rates on different classes, kinds, or varieties of products handled. All dividends declared or other distributions made under this section may, in the discretion of the directors, be in the form of capital stock, capital or equity certificates, book credits, or capital funds of the association. All unclaimed dividends or distributions authorized under this chapter or funds payable on redeemed stock, equity certificates, book credits, or capital funds shall revert to the association at the discretion of the directors at any time after one year from the end of the fiscal year during which such distributions or redemptions have been declared. [1989 c 307 § 25; 1947 c 37 § 1; 1943 c 99 § 3; 1913 c 19 § 13; Rem. Supp. 1947 § 3916. Formerly RCW 23.56.160.] Legislative finding—1989 c 307: See note following RCW 23.86.007. 23.86.170 23.86.170 Distribution of dividends. The profits or net earnings of such association shall be distributed to those entitled thereto at such time and in such manner not inconsistent with this chapter as its bylaws shall prescribe, which shall be as often as once a year. [1913 c 19 § 14; RRS § 3917. Formerly RCW 23.56.170.] 23.86.191 23.86.191 Indemnification of agents of any corporation authorized. See RCW 23B.17.030. [Title 23 RCW—page 8] 23.86.195 Cooperative associations organized under other statutes—Reorganization under chapter. Any cooperative association organized under any other statute may be reorganized under the provisions of this chapter by adopting and filing amendments to its articles of incorporation in accordance with the provisions of this chapter for amending articles of incorporation. The articles of incorporation as amended must conform to the requirements of this chapter, and shall state that the cooperative association accepts the benefits and will be bound by the provisions of this chapter. [1989 c 307 § 26; 1981 c 297 § 38.] 23.86.195 Legislative finding—1989 c 307: See note following RCW 23.86.007. Severability—1981 c 297: See note following RCW 15.36.201. 23.86.200 Definitions. For the purposes of RCW 23.86.200 through 23.86.230 a "domestic" cooperative association or "domestic" corporation is one formed under the laws of this state, and an "ordinary business" corporation is one formed or which could be formed under Title 23B RCW. [1991 c 72 § 17; 1971 ex.s. c 221 § 1.] 23.86.200 23.86.210 Conversion of cooperative association to domestic ordinary business corporation—Procedure. (1) A cooperative association may be converted to a domestic ordinary business corporation pursuant to the following procedures: (a) The board of directors of the association shall, by affirmative vote of not less than two-thirds of all such directors, adopt a plan for such conversion setting forth: (i) The reasons why such conversion is desirable and in the interests of the members of the association; (ii) The proposed contents of articles of conversion with respect to items (ii) through (ix) of subparagraph (c) below; and (iii) Such other information and matters as the board of directors may deem to be pertinent to the proposed plan. (b) After adoption by the board of directors, the plan for conversion shall be submitted for approval or rejection to the members of the association at any regular meetings or at any special meetings called for that purpose, after notice of the proposed conversion has been given to all members entitled to vote thereon, in the manner provided by the bylaws. The notice of the meeting shall be accompanied by a full copy of the proposed plan for conversion or by a summary of its provisions. At the meeting members may vote upon the proposed conversion in person, or by written proxy, or by mailed ballot. The affirmative vote of two-thirds of the members voting thereon shall be required for approval of the plan of conversion. If the total vote upon the proposed conversion shall be less than twenty-five percent of the total membership of the association, the conversion shall not be approved. (c) Upon approval by the members of the association, the articles of conversion shall be executed in duplicate by the association by one of its officers and shall set forth: (i) The dates and vote by which the plan for conversion was adopted by the board of directors and members respectively; (ii) The corporate name of the converted organization. The name shall comply with requirements for names of busi23.86.210 (2008 Ed.) Cooperative Associations ness corporations formed under Title 23B RCW, and shall not contain the term "cooperative"; (iii) The purpose or purposes for which the converted corporation is to exist; (iv) The duration of the converted corporation, which may be perpetual or for a stated term of years; (v) The capitalization of the converted corporation and the class or classes of shares of stock into which divided, together with the par value, if any, of such shares, in accordance with statutory requirements applicable to ordinary business corporations, and the basis upon which outstanding shares of the association are converted into shares of the converted corporation; (vi) Any provision limiting or denying to shareholders the preemptive right to acquire additional shares of the converted corporation; (vii) The address of the converted corporation’s initial registered office and its initial registered agent at such address; (viii) The names and addresses of the persons who are to serve as directors of the converted corporation until the first annual meeting of shareholders of the converted corporation or until their successors are elected and qualify; (ix) Any additional provisions, not inconsistent with law, provided for by the plan for conversion for the regulation of the internal affairs of the converted corporation, including any provision restricting the transfer of shares or which under Title 23B RCW is required or permitted to be set forth in bylaws. (d) The executed duplicate originals of the articles of conversion shall be delivered to the secretary of state. If the secretary of state finds that the articles of conversion conform to law, the secretary of state shall, when all the fees have been paid as in this section prescribed: (i) Endorse on each of such originals the word "Filed", and the effective date of such filing; (ii) File one of such originals; and (iii) Issue a certificate of conversion to which one of such originals shall be affixed. (e) The certificate of conversion, together with the original of the articles of conversion affixed thereto by the secretary of state, shall be returned to the converted corporation or its representative. The original affixed to the certificate of conversion shall be retained by the converted corporation. (f) Upon filing the articles of conversion the converted corporation shall pay, and the secretary of state shall collect, the same filing and license fees as for filing articles of incorporation of a newly formed business corporation similarly capitalized. (2) Upon filing by the secretary of state of the articles of conversion, the conversion of the cooperative association to an ordinary business corporation shall become effective; the articles of conversion shall thereafter constitute and be treated in like manner as articles of incorporation; and the converted corporation shall be subject to all laws applicable to corporations formed under Title 23B RCW, and shall not thereafter be subject to laws applying only to cooperative associations. The converted corporation shall constitute and be deemed to constitute a continuation of the corporate substance of the cooperative association and the conversion shall in no way derogate from the rights of creditors of the former (2008 Ed.) 23.86.220 association. [1991 c 72 § 18; 1989 c 307 § 27; 1982 c 35 § 175; 1981 c 297 § 34; 1971 ex.s. c 221 § 2.] Legislative finding—1989 c 307: See note following RCW 23.86.007. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. Severability—1981 c 297: See note following RCW 15.36.201. 23.86.220 Merger of cooperative association with one or more cooperative associations or business corporations—Procedure. (1) A cooperative association may merge with one or more domestic cooperative associations, or with one or more domestic ordinary business corporations, in accordance with the procedures and subject to the conditions set forth or referred to in this section. (2) If the merger is into another domestic cooperative association, the board of directors of each of the associations shall approve by vote of not less than two-thirds of all the directors, a plan of merger setting forth: (a) The names of the associations proposing to merge; (b) The name of the association which is to be the surviving association in the merger; (c) The terms and conditions of the proposed merger; (d) The manner and basis of converting the shares of each merging association into shares or other securities or obligations of the surviving association; (e) A statement of any changes in the articles of incorporation of the surviving association to be effected by such merger; and (f) Such other provisions with respect to the proposed merger as are deemed necessary or desirable. (3) Following approval by the boards of directors, the plan of merger shall be submitted to a vote of the members of each of the associations at any regular meeting or at any special meetings called for that purpose, after notice of the proposed merger has been given to all members entitled to vote thereon, in the manner provided in the bylaws. The notice of the meeting shall be in writing stating the purpose or purposes of the meeting and include or be accompanied by a copy or summary of the plan of merger. At the meeting members may vote upon the proposed merger in person, or by written proxy, or by mailed ballot. The affirmative vote of two-thirds of the members voting thereon, by each association, shall be required for approval of the plan of merger. If the total vote of either association upon the proposed merger shall be less than twenty-five percent of the total membership of such association, the merger shall not be approved. (4) Upon approval by the members of the associations proposing to merge, articles of merger shall be executed in duplicate by each association by an officer of each association, and shall set forth: (a) The plan of merger; (b) As to each association, the number of members and, if there is capital stock, the number of shares outstanding; and (c) As to each association, the number of members who voted for and against such plan, respectively. (5) Duplicate originals of the articles of merger shall be delivered to the secretary of state. If the secretary of state finds that such articles conform to law, the secretary of state shall, when all fees have been paid as in this section prescribed: 23.86.220 [Title 23 RCW—page 9] 23.86.230 Title 23 RCW: Corporations and Associations (Profit) (a) Endorse on each of such originals the word "Filed", and the effective date of such filing; (b) File one of such originals; and (c) Issue a certificate of merger to which one of such originals shall be affixed. (6) The certificate of merger, together with the duplicate original of the articles of merger affixed thereto by the secretary of state shall be returned to the surviving association or its representative. (7) For filing articles of merger hereunder the secretary of state shall charge and collect the same fees as apply to filing of articles of merger of ordinary business corporations. (8) If the plan of merger is for merger of the cooperative association into a domestic ordinary business corporation, the association shall follow the same procedures as hereinabove provided for merger of domestic cooperative associations and the ordinary business corporation shall follow the applicable procedures set forth in RCW 23B.07.050 and chapter 23B.11 RCW. (9) At any time prior to filing of the articles of merger, the merger may be abandoned pursuant to provisions therefor, if any, set forth in the plan of merger. [1991 c 72 § 19; 1989 c 307 § 28; 1982 c 35 § 176; 1981 c 297 § 35; 1971 ex.s. c 221 § 3.] Legislative finding—1989 c 307: See note following RCW 23.86.007. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. Severability—1981 c 297: See note following RCW 15.36.201. 23.86.230 Merger of cooperative association with one or more cooperative associations or business corporations—Rights, powers, duties and liabilities of surviving entity—Articles. (1) Upon issuance of the certificate of merger by the secretary of state, the merger of the cooperative association into another cooperative association or ordinary business corporation, as the case may be, shall be effected. (2) When merger has been effected: (a) The several parties to the plan of merger shall be a single cooperative association or corporation, as the case may be, which shall be that cooperative association or corporation designated in the plan of merger as the survivor. (b) The separate existence of all parties to the plan of merger, except that of the surviving cooperative association or corporation, shall cease. (c) If the surviving entity is a cooperative association, it shall have all the rights, privileges, immunities and powers and shall be subject to all the duties and liabilities of a cooperative association organized under chapter 23.86 RCW. If the surviving entity is an ordinary business corporation, it shall have all the rights, privileges, immunities and powers and shall be subject to all the duties and liabilities of a corporation organized or existing under Title 23B RCW. (d) Such surviving cooperative association or corporation, as the case may be, shall thereupon and thereafter possess all the rights, privileges, immunities, and franchises, both public and private of each of the merging organizations, to the extent that such rights, privileges, immunities, and franchises are not inconsistent with the corporate nature of the surviving organization; and all property, real, personal and mixed, and all debts due on whatever account, including 23.86.230 [Title 23 RCW—page 10] subscriptions to shares, and all other choses in action, and all and every other interest of or belonging to or due to each of the organizations so merged shall be taken and deemed to be transferred to and vested in such surviving cooperative association or corporation, as the case may be, without further act or deed; and the title to any real estate, or any interest therein, vested in any such merged cooperative association shall not revert or be in any way impaired by reason of such merger. (3) The surviving cooperative association or corporation, as the case may be, shall, after the merger is effected, be responsible and liable for all the liabilities and obligations of each of the organizations so merged; and any claim existing or action or proceeding pending by or against any of such organizations may be prosecuted as if the merger had not taken place and the surviving cooperative association or corporation may be substituted in its place. Neither the right of creditors nor any liens upon the property of any cooperative association or corporation party to the merger shall be impaired by the merger. (4) The articles of incorporation of the surviving cooperative association or of the surviving ordinary business corporation, as the case may be, shall be deemed to be amended to the extent, if any, that changes in such articles are stated in the plan of merger. [1991 c 72 § 20; 1989 c 307 § 29; 1971 ex.s. c 221 § 4.] Legislative finding—1989 c 307: See note following RCW 23.86.007. 23.86.250 Dissolution. The members of any association may by the vote of two-thirds of the members voting thereon, at any regular meeting or at any special meeting called for that purpose, vote to dissolve said association after notice of the proposed dissolution has been given to all members entitled to vote thereon, in the manner provided by the bylaws, and thereupon such proceeding shall be had for the dissolution of said association as is provided by law for the dissolution of corporations organized under chapter 24.06 RCW: PROVIDED, That if the total vote upon the proposed dissolution shall be less than twenty-five percent of the total membership of the association, the dissolution shall not be approved. At the meeting, members may vote upon the proposed dissolution in person, or by written proxy, or by mailed ballot. [1981 c 297 § 36.] 23.86.250 Severability—1981 c 297: See note following RCW 15.36.201. 23.86.300 Application of RCW 24.06.055 and 24.06.060. The provisions of RCW 24.06.055 and 24.06.060 shall apply to every association subject to this chapter. [1989 c 307 § 14.] 23.86.300 Legislative finding—1989 c 307: See note following RCW 23.86.007. 23.86.310 Application of RCW 24.06.440. Effective January 1, 1990, every association subject to this chapter shall comply with the requirements set forth in RCW 24.06.440. [1989 c 307 § 15.] 23.86.310 Legislative finding—1989 c 307: See note following RCW 23.86.007. 23.86.320 Application of RCW 24.06.445. The provisions of RCW 24.06.445 shall apply to every association subject to this chapter. [1989 c 307 § 16.] 23.86.320 Legislative finding—1989 c 307: See note following RCW 23.86.007. (2008 Ed.) Massachusetts Trusts 23.86.330 Application of RCW 23B.14.200 and 23B.14.210. The provisions of RCW 23B.14.200 and 23B.14.210 shall apply to every association subject to this chapter formed on or after July 23, 1989. [1991 c 72 § 21; 1989 c 307 § 17.] 23.86.330 Legislative finding—1989 c 307: See note following RCW 23.86.007. 23.86.335 Application of RCW 23B.14.203—Name not distinguishable from name of governmental entity. RCW 23B.14.203 applies to this chapter. [1997 c 12 § 8.] 23.86.335 23.86.340 Application of RCW 23B.14.220—Reinstatement. The provisions of RCW 23B.14.220 shall apply to every association subject to this chapter. An association may apply for reinstatement within three years after the effective date of dissolution. [1991 c 72 § 22; 1989 c 307 § 18.] 23.86.340 Legislative finding—1989 c 307: See note following RCW 23.86.007. 23.86.350 Application of RCW 24.06.100 and 24.06.105. The provisions of RCW 24.06.100 and 24.06.105 shall apply to every association subject to this chapter. [1989 c 307 § 20.] 23.86.350 Legislative finding—1989 c 307: See note following RCW 23.86.007. 23.86.360 Application of Title 23B RCW. The provisions of Title 23B RCW shall apply to the associations subject to this chapter, except where such provisions are in conflict with or inconsistent with the express provisions of this chapter. The terms "shareholder" or "shareholders" as used in Title 23B RCW, or in chapter 24.06 RCW as incorporated by reference herein, shall be deemed to refer to "member" or "members" as defined in this chapter. When the terms "share" or "shares" are used with reference to voting rights in Title 23B RCW, or in chapter 24.06 RCW as incorporated by reference herein, such terms shall be deemed to refer to the vote or votes entitled to be cast by a member or members. [1991 c 72 § 23; 1989 c 307 § 32.] 23.86.360 Legislative finding—1989 c 307: See note following RCW 23.86.007. 23.86.370 Application of RCW 24.06.340 through 24.06.435. The provisions of RCW 24.06.340 through 24.06.435 shall apply to every foreign corporation which desires to conduct affairs in this state under the authority of this chapter. [1989 c 307 § 33.] 23.90.020 rate or service regulation by the utilities and transportation commission. (c) "Nondiscriminatory" means that pole owners may not arbitrarily differentiate among or between similar classes of persons approved for attachments. (2) All rates, terms, and conditions made, demanded or received by a locally regulated utility for attachments to its poles must be just, reasonable, nondiscriminatory and sufficient. A locally regulated utility shall levy attachment space rental rates that are uniform for the same class of service within the locally regulated utility service area. (3) Nothing in this section shall be construed or is intended to confer upon the utilities and transportation commission any authority to exercise jurisdiction over locally regulated utilities. [1996 c 32 § 1.] 23.86.410 Tariff for irrigation pumping service— Authority for locally regulated utility to buy back electricity. The board may approve a tariff for irrigation pumping service that allows the locally regulated utility to buy back electricity from customers to reduce electricity usage by those customers during the locally regulated utility’s particular irrigation season. [2001 c 122 § 4.] 23.86.410 Effective date—2001 c 122: See note following RCW 80.28.310. 23.86.900 Application—1989 c 307. The provisions of this chapter relating to domestic cooperative associations shall apply to: (1) All cooperative associations organized under this chapter; and (2) All agricultural cooperative associations organized under *chapter 24.32 RCW. All such agricultural cooperatives are deemed to have been incorporated under this chapter. [1989 c 307 § 2.] 23.86.900 *Reviser’s note: Chapter 24.32 RCW was repealed by 1989 c 307. Legislative finding—1989 c 307: See note following RCW 23.86.007. Chapter 23.90 Chapter 23.90 RCW MASSACHUSETTS TRUSTS 23.86.370 Legislative finding—1989 c 307: See note following RCW 23.86.007. 23.86.400 Locally regulated utilities—Attachments to poles. (1) As used in this section: (a) "Attachment" means the affixation or installation of any wire, cable or other physical material capable of carrying electronic impulses or light waves for the carrying of intelligence for telecommunications or television, including, but not limited to cable, and any related device, apparatus, or auxiliary equipment upon any pole owned or controlled in whole or in part by one or more locally regulated utilities where the installation has been made with the necessary consent. (b) "Locally regulated utility" means an electric service cooperative organized under this chapter and not subject to 23.86.400 (2008 Ed.) Sections 23.90.010 23.90.020 23.90.030 23.90.040 23.90.050 23.90.060 23.90.900 Short title. Massachusetts trust defined. Form of association authorized. Filing trust instrument, effect—Powers and duties of trust. Fees for services by secretary of state. Indemnification of agents of any corporation authorized. Severability—1959 c 220. Revolving fund of secretary of state, deposit of moneys for costs of carrying out secretary of state’s functions under this chapter: RCW 43.07.130. 23.90.010 Short title. This chapter may be known and cited as the "Massachusetts Trust Act of 1959". [1959 c 220 § 1.] 23.90.010 23.90.020 Massachusetts trust defined. A Massachusetts trust is an unincorporated business association created at common law by an instrument under which property is held and managed by trustees for the benefit and profit of such persons as may be or may become the holders of transferable certificates evidencing beneficial interests in the trust estate, 23.90.020 [Title 23 RCW—page 11] 23.90.030 Title 23 RCW: Corporations and Associations (Profit) the holders of which certificates are entitled to the same limitation of personal liability extended to stockholders of private corporations. [1959 c 220 § 2.] other than those as to which it is held invalid shall not be affected thereby. [1959 c 220 § 5.] 23.90.030 Form of association authorized. A Massachusetts trust is permitted as a recognized form of association for the conduct of business within the state of Washington. [1959 c 220 § 3.] 23.90.030 23.90.040 Filing trust instrument, effect—Powers and duties of trust. (1) Any Massachusetts trust desiring to do business in this state shall file with the secretary of state a verified copy of the trust instrument creating such a trust and any amendment thereto, the assumed business name, if any, and the names and addresses of its trustees. (2) Any person dealing with such Massachusetts trust shall be bound by the terms and conditions of the trust instrument and any amendments thereto so filed. (3) Any Massachusetts trust created under this chapter or entering this state pursuant thereto shall pay such taxes and fees as are imposed by the laws, ordinances, and resolutions of the state of Washington and any counties and municipalities thereof on domestic and foreign corporations, respectively, on an identical basis therewith. In computing such taxes and fees, the shares of beneficial interest of such a trust shall have the character for tax purposes of shares of stock in private corporations. (4) Any Massachusetts trust shall be subject to such applicable provisions of law, now or hereafter enacted, with respect to domestic and foreign corporations, respectively, as relate to the issuance of securities, filing of required statements or reports, service of process, general grants of power to act, right to sue and be sued, limitation of individual liability of shareholders, rights to acquire, mortgage, sell, lease, operate and otherwise to deal in real and personal property, and other applicable rights and duties existing under the common law and statutes of this state in a manner similar to those applicable to domestic and foreign corporations. (5) The secretary of state, director of licensing, and the department of revenue of the state of Washington are each authorized and directed to prescribe binding rules and regulations applicable to said Massachusetts trusts consistent with this chapter. [1981 c 302 § 3; 1979 c 158 § 88; 1967 ex.s. c 26 § 21; 1959 c 220 § 4.] 23.90.040 Severability—1981 c 302: See note following RCW 19.76.100. Effective date—1967 ex.s. c 26: See note following RCW 82.01.050. 23.90.050 Fees for services by secretary of state. See RCW 43.07.120. 23.90.050 23.90.060 Indemnification of agents of any corporation authorized. See RCW 23B.17.030. 23.90.060 23.90.900 Severability—1959 c 220. Notwithstanding any other evidence of legislative intent, it is declared to be the controlling legislative intent that if any provision of this chapter, or the application thereof to any person or circumstances is held invalid, the remainder of the chapter and the application of such provision to persons or circumstances 23.90.900 [Title 23 RCW—page 12] (2008 Ed.) Title 23B Chapters 23B.01 23B.02 23B.03 23B.04 23B.05 23B.06 23B.07 23B.08 23B.09 23B.10 23B.11 23B.12 23B.13 23B.14 23B.15 23B.16 23B.17 23B.18 23B.19 23B.900 Title 23B WASHINGTON BUSINESS CORPORATION ACT General provisions. Incorporation. Powers and purposes. Name. Office and agent. Shares and distributions. Shareholders. Directors and officers. [Reserved.] Amendment of articles of incorporation and bylaws. Merger and share exchange. Sale of assets. Dissenters’ rights. Dissolution. Foreign corporations. Records and reports. Miscellaneous provisions. Nonadmitted organizations. Significant business transactions. Construction. Acknowledgment form, corporations: RCW 64.08.070. Acquisition of corporate stock by another corporation to lessen competition declared unlawful—Exceptions—Judicial order to divest: RCW 19.86.060. Actions by and against public corporations: RCW 4.08.110, 4.08.120. Condominium act: Chapter 64.34 RCW. Constitutional provisions, generally: State Constitution Art. 12. Consumer loan act: Chapter 31.04 RCW. Corporations for educational, social, religious, fraternal, etc., purposes: Title 24 RCW. Crimes relating to corporations: Chapter 9.24 RCW. Criminal procedure: RCW 10.01.070 through 10.01.100. Dentistry, practice or solicitation prohibited: RCW 18.32.675. Doing business without license, gross misdemeanor: RCW 9.24.040. Eminent domain by corporations: Chapter 8.20 RCW. False statements, penalty for filing: RCW 43.07.210. Legal services, advertising of, penalty: RCW 30.04.260. Materials specifically authorized to be printed and distributed by secretary of state: RCW 43.07.140. Partnerships: Title 25 RCW. "Person" defined: RCW 1.16.080. Professional service corporations: Chapter 18.100 RCW. Revolving fund of secretary of state, deposit of moneys for costs of carrying out secretary of state’s functions under this title: RCW 43.07.130. Seals, effect of: RCW 64.04.105. Secretary of state, duties: Chapter 43.07 RCW. Chapter 23B.01 Chapter 23B.01 RCW GENERAL PROVISIONS Sections 23B.01.010 Short title. 23B.01.020 Reservation of power to amend or repeal. (2008 Ed.) 23B.01.200 Filing requirements. 23B.01.202 Certificate of authority as insurance company—Filing of records. 23B.01.210 Forms. 23B.01.220 Fees. 23B.01.230 Effective time and date of record. 23B.01.240 Correcting filed records. 23B.01.250 Filing duty of secretary of state. 23B.01.260 Judicial review of secretary of state’s refusal to file a record. 23B.01.270 Evidentiary effect of copy of filed record. 23B.01.280 Certificate of existence or authorization. 23B.01.290 Penalty for signing false document. 23B.01.300 Powers. 23B.01.400 Definitions. 23B.01.410 Notice. 23B.01.420 Notice—Common address—Address defined—Shareholder consent. 23B.01.500 Domestic corporations—Notice of due date for payment of annual license fee and filing annual report. 23B.01.510 Foreign corporations—Notice of due date for payment of annual license fee and filing annual report. 23B.01.520 Domestic corporations—Filing and initial license fees. 23B.01.530 Domestic corporations—Inactive corporation defined— Annual license fee. 23B.01.540 Foreign corporations—Filing and license fees on qualification. 23B.01.550 Foreign corporations—Annual license fees. 23B.01.560 License fees for reinstated corporation. 23B.01.570 Penalty for nonpayment of annual corporate license fees and failure to file a substantially complete annual report—Payment of delinquent fees—Rules. 23B.01.580 Waiver of penalty fees. 23B.01.590 Public service companies entitled to deductions. 23B.01.010 Short title. This title shall be known and may be cited as the "Washington business corporation act." [1989 c 165 § 1.] 23B.01.010 23B.01.020 Reservation of power to amend or repeal. The legislature has power to amend or repeal all or part of this title at any time and all domestic and foreign corporations subject to this title are governed by the amendment or repeal. [1989 c 165 § 2.] 23B.01.020 23B.01.200 Filing requirements. (1) A record must satisfy the requirements of this section, and of any other section that adds to or varies from these requirements, to be entitled to filing by the secretary of state. (2) The secretary of state may permit records to be filed through electronic transmission. The secretary of state may adopt rules varying from these requirements to facilitate electronic filing. These rules shall detail the circumstances under which the electronic filing of records shall be permitted and how such records shall be filed. These rules may also impose additional requirements related to implementation of electronic filing processes including but not limited to: File formats; signature technologies; the manner of delivery; and the types of entities or records permitted. (3) This title must require or permit filing the record in the office of the secretary of state. (4) The record must contain the information required by this title. It may contain other information as well. 23B.01.200 [Title 23B RCW—page 1] 23B.01.202 Title 23B RCW: Washington Business Corporation Act (5) The record must: (a) Be typewritten or printed, and must meet such legibility or other standards as may be prescribed by the secretary of state; or (b) meet the standards for electronic filing as may be prescribed by the secretary of state. (6) The record must be in the English language. A corporate name need not be in English if written in English letters or Arabic or Roman numerals, and the certificate of existence required of foreign corporations need not be in English if accompanied by a reasonably authenticated English translation. (7) Unless otherwise indicated in this title, all records submitted for filing must be executed: (a) By the chairperson of the board of directors of a domestic or foreign corporation, by its president, or by another of its officers; (b) If directors have not been selected or the corporation has not been formed, by an incorporator; or (c) If the corporation is in the hands of a receiver, trustee, or other court-appointed fiduciary, by that fiduciary. (8) The person executing the record shall sign it and state beneath or opposite the signature the name of the person and the capacity in which the person signs. The record may but need not contain: (a) The corporate seal; (b) an attestation by the secretary or an assistant secretary; or (c) an acknowledgment, verification, or proof. (9) If the secretary of state has prescribed a mandatory form for the record under RCW 23B.01.210, the record must be in or on the prescribed form. (10) The record must be received by the office of the secretary of state for filing and, except in the case of an electronic filing, must be accompanied by one exact or conformed copy, the correct filing fee or charge, including license fee, penalty and service fee, and any attachments which are required for the filing. [2002 c 297 § 1; 1991 c 72 § 24; 1989 c 165 § 3.] 23B.01.202 Certificate of authority as insurance company—Filing of records. For those corporations that have a certificate of authority, are applying for, or intend to apply for a certificate of authority from the insurance commissioner as an insurance company under chapter 48.05 RCW, whenever under this chapter corporate records are required to be filed with the secretary of state, the records shall be filed with the insurance commissioner rather than the secretary of state. [2002 c 297 § 2; 1998 c 23 § 5.] 23B.01.202 23B.01.210 Forms. The secretary of state may prescribe and furnish on request, forms for: (1) An application for a certificate of existence; (2) a foreign corporation’s application for a certificate of authority to transact business in this state; (3) a foreign corporation’s application for a certificate of withdrawal; (4) an initial report; (5) an annual report; and (6) such other forms not in conflict with this title as may be prescribed by the secretary of state. If the secretary of state so requires, use of these forms is mandatory. [1991 c 72 § 25; 1989 c 165 § 4.] 23B.01.210 23B.01.220 Fees. (1) The secretary of state shall collect in accordance with the provisions of this title: 23B.01.220 [Title 23B RCW—page 2] (a) Fees for filing records and issuing certificates; (b) Miscellaneous charges; (c) License fees as provided in RCW 23B.01.500 through 23B.01.550; (d) Penalty fees; and (e) Other fees as the secretary of state may establish by rule adopted under chapter 34.05 RCW. (2) The secretary of state shall collect the following fees when the records described in this subsection are delivered for filing: One hundred seventy-five dollars, pursuant to RCW 23B.01.520 and 23B.01.540, for: (a) Articles of incorporation; and (b) Application for certificate of authority. (3) The secretary of state shall establish by rule, fees for the following: (a) Application for reinstatement; (b) Articles of correction; (c) Amendment of articles of incorporation; (d) Restatement of articles of incorporation, with or without amendment; (e) Articles of merger or share exchange; (f) Articles of revocation of dissolution; (g) Application for amended certificate of authority; (h) Application for reservation, registration, or assignment of reserved name; (i) Corporation’s statement of change of registered agent or registered office, or both, except where this information is provided in conjunction with and on an initial report or an annual report fo rm filed un der RCW 23 B.01 .530, 23B.01.550, 23B.02.050, or 23B.16.220; (j) Agent’s resignation, or statement of change of registered office, or both, for each affected corporation; (k) Initial report; and (l) Any record not listed in this subsection that is required or permitted to be filed under this title. (4) Fees shall be adjusted by rule only in an amount that does not exceed the average biennial increase in the cost of providing service. This shall be determined in a biennial cost study performed by the secretary of state. (5) The secretary of state shall not collect fees for: (a) Agent’s consent to act as agent; (b) Agent’s resignation, if appointed without consent; (c) Articles of dissolution; (d) Certificate of judicial dissolution; (e) Application for certificate of withdrawal; and (f) Annual report when filed concurrently with the payment of annual license fees. (6) The secretary of state shall collect a fee in an amount established by the secretary of state by rule per defendant served, upon being served process under this title. The party to a proceeding causing service of process is entitled to recover this fee as costs if such party prevails in the proceeding. (7) The secretary of state shall establish by rule and collect a fee from every person or organization: (a) For furnishing a certified copy of any record, instrument, or paper relating to a corporation; (b) For furnishing a certificate, under seal, attesting to the existence of a corporation, or any other certificate; and (2008 Ed.) General Provisions (c) For furnishing copies of any record, instrument, or paper relating to a corporation, other than of an initial report or an annual report. (8) For annual license fees for domestic and foreign corporations, see RCW 23B.01.500, 23B.01.510, 23B.01.530, and 23B.01.550. For penalties for nonpayment of annual license fees and failure to complete annual report, see RCW 23B.01.570. [2002 c 297 § 3; 1993 c 269 § 2; 1992 c 107 § 7; 1991 c 72 § 26; 1990 c 178 § 1; 1989 c 165 § 5.] Effective date—1993 c 269: See note following RCW 23.86.070. Effective dates—1992 c 107: See note following RCW 19.02.020. Effective date—1990 c 178: "This act shall take effect July 1, 1990." [1990 c 178 § 13.] 23B.01.230 Effective time and date of record. (1) Except as provided in subsection (2) of this section and RCW 23B.01.240(3), a record accepted for filing is effective on the date it is filed by the secretary of state and at the time on that date specified in the record. If no time is specified in the record, the record is effective at the close of business on the date it is filed by the secretary of state. (2) If a record specifies a delayed effective time and date, the record becomes effective at the time and date specified. If a record specifies a delayed effective date but no time is specified, the record is effective at the close of business on that date. A delayed effective date for a record may not be later than the ninetieth day after the date it is filed. (3) When a record is received for filing by the secretary of state in a form which complies with the requirements of this title and which would entitle the record to be filed on receipt, but the secretary of state’s approval action occurs subsequent to the date of receipt, the secretary of state’s filing date shall relate back to and be shown as the date on which the secretary of state first received the record in acceptable form. [2002 c 297 § 4; 1989 c 165 § 6.] 23B.01.230 23B.01.240 Correcting filed records. (1) A domestic or foreign corporation may correct a record filed by the secretary of state if the record (a) contains an incorrect statement; or (b) was defectively executed, attested, sealed, verified, or acknowledged. (2) A record is corrected: (a) By preparing articles of correction that (i) describe the record, including its filing date, or attach a copy of it to the articles of correction, (ii) specify the incorrect statement and the reason it is incorrect or the manner in which the execution was defective, and (iii) correct the incorrect statement or defective execution; and (b) By delivering the articles of correction to the secretary of state for filing. (3) Articles of correction are effective on the effective date of the record they correct except as to persons relying on the uncorrected record and adversely affected by the correction. As to those persons, articles of correction are effective when filed. [2002 c 297 § 5; 1989 c 165 § 7.] 23B.01.240 23B.01.250 Filing duty of secretary of state. (1) If a record delivered to the office of the secretary of state for filing satisfies the requirements of RCW 23B.01.200, the secretary of state shall file it. 23B.01.250 (2008 Ed.) 23B.01.280 (2)(a) The secretary of state files a record: (i) In the case of a record in a tangible medium, by stamping or otherwise endorsing "Filed," together with the secretary of state’s name and official title and the date of filing, on both the original and the record copy; and (ii) in the case of an electronically transmitted record, by the electronic processes as may be prescribed by the secretary of state from time to time that result in the information required by (a)(i) of this subsection being permanently attached to or associated with such electronically transmitted record. (b) After filing a record, the secretary of state shall deliver a record of the filing to the domestic or foreign corporation or its representative either: (i) In a written copy of the filing; or (ii) if the corporation has designated an address, location, or system to which the record may be electronically transmitted and the secretary of state elects to provide the record by electronic transmission, in an electronically transmitted record of the filing. (3) If the secretary of state refuses to file a record, the secretary of state shall return it to the domestic or foreign corporation or its representative, together with a brief explanation of the reason for the refusal. The explanation shall be either: (a) In a written record or (b) if the corporation has designated an address, location, or system to which the explanation may be electronically transmitted and the secretary of state elects to provide the explanation by electronic transmission, in an electronically transmitted record. (4) The secretary of state’s duty to file records under this section is ministerial. Filing or refusal to file a record does not: (a) Affect the validity or invalidity of the record in whole or part; (b) Relate to the correctness or incorrectness of information contained in the record; or (c) Create a presumption that the record is valid or invalid or that information contained in the record is correct or incorrect. [2002 c 297 § 6; 1989 c 165 § 8.] 23B.01.260 Judicial review of secretary of state’s refusal to file a record. If the secretary of state refuses to file a record received by the office for filing, the person submitting the record, in addition to any other legal remedy which may be available, shall have the right to judicial review of such refusal pursuant to the provisions of chapter 34.05 RCW. [2002 c 297 § 7; 1989 c 165 § 9.] 23B.01.260 23B.01.270 Evidentiary effect of copy of filed record. A certificate bearing the manual or facsimile signature of the secretary of state and the seal of the state, when attached to or located on a record or a copy of a record filed by the secretary of state, is conclusive evidence that the original record is on file with the secretary of state. [2002 c 297 § 8; 1989 c 165 § 10.] 23B.01.270 23B.01.280 Certificate of existence or authorization. (1) Any person may apply to the secretary of state to furnish a certificate of existence for a domestic corporation or a certificate of authorization for a foreign corporation. (2) A certificate of existence or authorization means that as of the date of its issuance: 23B.01.280 [Title 23B RCW—page 3] 23B.01.290 Title 23B RCW: Washington Business Corporation Act (a) The domestic corporation is duly incorporated under the laws of this state, or that the foreign corporation is authorized to transact business in this state; (b) All fees and penalties owed to this state under this title have been paid, if (i) payment is reflected in the records of the secretary of state, and (ii) nonpayment affects the existence or authorization of the domestic or foreign corporation; (c) The corporation’s initial report or its most recent annual report required by RCW 23B.16.220 has been delivered to the secretary of state; and (d) Articles of dissolution or an application for withdrawal have not been filed by the secretary of state. (3) A person may apply to the secretary of state to issue a certificate covering any fact of record. (4) Subject to any qualification stated in the certificate, a certificate of existence or authorization issued by the secretary of state may be relied upon as conclusive evidence that the domestic or foreign corporation is in existence or is authorized to transact business in the corporate form in this state. [1991 c 72 § 27; 1989 c 165 § 11.] 23B.01.290 Penalty for signing false document. Any person who signs a document such person knows is false in any material respect with intent that the document be delivered to the secretary of state for filing is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW. [1989 c 165 § 12.] 23B.01.290 23B.01.300 Powers. The secretary of state has the power reasonably necessary to perform the duties required of the secretary of state by this title, including adoption, amendment, or repeal of rules for the efficient administration of this title. [1989 c 165 § 13.] 23B.01.300 23B.01.400 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this title. (1) "Articles of incorporation" include amended and restated articles of incorporation and articles of merger. (2) "Authorized shares" means the shares of all classes a domestic or foreign corporation is authorized to issue. (3) "Conspicuous" means so prepared that a reasonable person against whom the record is to operate should have noticed it. For example, printing in italics or boldface or contrasting color, or typing in capitals or underlined, is conspicuous. (4) "Corporation" or "domestic corporation" means a corporation for profit, which is not a foreign corporation, incorporated under or subject to the provisions of this title. (5) "Deliver" includes (a) mailing, (b) for purposes of delivering a demand, consent, notice, or waiver to the corporation or one of its officers, directors, or shareholders, transmission by facsimile equipment, and (c) for purposes of delivering a demand, consent, notice, or waiver to the corporation or one of its officers, directors, or shareholders under RCW 23B.01.410 or chapter 23B.07, 23B.08, 23B.11, 23B.13, 23B.14, or 23B.16 RCW delivery by electronic transmission. (6) "Distribution" means a direct or indirect transfer of money or other property, except its own shares, or incurrence 23B.01.400 [Title 23B RCW—page 4] of indebtedness by a corporation to or for the benefit of its shareholders in respect to any of its shares. A distribution may be in the form of a declaration or payment of a dividend; a distribution in partial or complete liquidation, or upon voluntary or involuntary dissolution; a purchase, redemption, or other acquisition of shares; a distribution of indebtedness; or otherwise. (7) "Effective date of notice" has the meaning provided in RCW 23B.01.410. (8) "Electronic transmission" means an electronic communication (a) not directly involving the physical transfer of a record in a tangible medium and (b) that may be retained, retrieved, and reviewed by the sender and the recipient thereof, and that may be directly reproduced in a tangible medium by such a sender and recipient. (9) "Electronically transmitted" means the initiation of an electronic transmission. (10) "Employee" includes an officer but not a director. A director may accept duties that make the director also an employee. (11) "Entity" includes a corporation and foreign corporation, not-for-profit corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, two or more persons having a joint or common economic interest, the state, United States, and a foreign governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (12) "Execute," "executes," or "executed" means (a) signed with respect to a written record or (b) electronically transmitted along with sufficient information to determine the sender’s identity with respect to an electronic transmission, or (c) with respect to a record to be filed with the secretary of state, in compliance with the standards for filing with the office of the secretary of state as prescribed by the secretary of state. (13) "Foreign corporation" means a corporation for profit incorporated under a law other than the law of this state. (14) "Foreign limited partnership" means a partnership formed under laws other than of this state and having as partners one or more general partners and one or more limited partners. (15) "Governmental subdivision" includes authority, county, district, and municipality. (16) "Includes" denotes a partial definition. (17) "Individual" includes the estate of an incompetent or deceased individual. (18) "Limited partnership" or "domestic limited partnership" means a partnership formed by two or more persons under the laws of this state and having one or more general partners and one or more limited partners. (19) "Means" denotes an exhaustive definition. (20) "Notice" has the meaning provided in RCW 23B.01.410. (21) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (22) "Principal office" means the office, in or out of this state, so designated in the annual report where the principal (2008 Ed.) General Provisions executive offices of a domestic or foreign corporation are located. (23) "Proceeding" includes civil suit and criminal, administrative, and investigatory action. (24) "Public company" means a corporation that has a class of shares registered with the federal securities and exchange commission pursuant to section 12 or 15 of the securities exchange act of 1934, or section 8 of the investment company act of 1940, or any successor statute. (25) "Record" means information inscribed on a tangible medium or contained in an electronic transmission. (26) "Record date" means the date established under chapter 23B.07 RCW on which a corporation determines the identity of its shareholders and their shareholdings for purposes of this title. The determinations shall be made as of the close of business on the record date unless another time for doing so is specified when the record date is fixed. (27) "Secretary" means the corporate officer to whom the board of directors has delegated responsibility under RCW 23B.08.400(3) for custody of the minutes of the meetings of the board of directors and of the shareholders and for authenticating records of the corporation. (28) "Shares" means the units into which the proprietary interests in a corporation are divided. (29) "Shareholder" means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. (30) "State," when referring to a part of the United States, includes a state and commonwealth, and their agencies and governmental subdivisions, and a territory and insular possession, and their agencies and governmental subdivisions, of the United States. (31) "Subscriber" means a person who subscribes for shares in a corporation, whether before or after incorporation. (32) "Tangible medium" means a writing, copy of a writing, or facsimile, or a physical reproduction, each on paper or on other tangible material. (33) "United States" includes a district, authority, bureau, commission, department, and any other agency of the United States. (34) "Voting group" means all shares of one or more classes or series that under the articles of incorporation or this title are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. All shares entitled by the articles of incorporation or this title to vote generally on the matter are for that purpose a single voting group. (35) "Writing" does not include an electronic transmission. (36) "Written" means embodied in a tangible medium. [2002 c 297 § 9; 2002 c 296 § 1; 2000 c 168 § 1; 1996 c 155 § 4; 1995 c 47 § 1. Prior: 1991 c 269 § 35; 1991 c 72 § 28; 1989 c 165 § 14.] Reviser’s note: This section was amended by 2002 c 296 § 1 and by 2002 c 297 § 9, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). 23B.01.410 Notice. (1) Notice under this title must be provided in the form of a record, except that oral notice of any meeting of the board of directors may be given if 23B.01.410 (2008 Ed.) 23B.01.410 expressly authorized by the articles of incorporation or bylaws. (2) Permissible means of transmission. (a) Oral notice. Oral notice may be communicated in person, by telephone, wire, or wireless equipment which does not transmit a facsimile of the notice, or by any electronic means which does not create a record. If these forms of oral notice are impracticable, oral notice may be communicated by radio, television, or other form of public broadcast communication. (b) Notice provided in a tangible medium. Notice may be provided in a tangible medium and be transmitted by mail, private carrier, or personal delivery; telegraph or teletype; or telephone, wire, or wireless equipment which transmits a facsimile of the notice. If these forms of notice in a tangible medium are impracticable, notice in a tangible medium may be transmitted by an advertisement in a newspaper of general circulation in the area where published. (c) Notice provided in an electronic transmission. (i) Notice may be provided in an electronic transmission and be electronically transmitted. (ii) Notice to shareholders or directors in an electronic transmission is effective only with respect to shareholders and directors that have consented, in the form of a record, to receive electronically transmitted notices under this title and designated in the consent the address, location, or system to which these notices may be electronically transmitted and with respect to a notice that otherwise complies with any other requirements of this title and applicable federal law. (A) Notice to shareholders or directors for this purpose includes material that this title requires to accompany the notice. (B) A shareholder or director who has consented to receipt of electronically transmitted notices may revoke this consent by delivering a revocation to the corporation in the form of a record. (C) The consent of any shareholder or director is revoked if (I) the corporation is unable to electronically transmit two consecutive notices given by the corporation in accordance with the consent, and (II) this inability becomes known to the secretary of the corporation, the transfer agent, or any other person responsible for giving the notice. The inadvertent failure by the corporation to treat this inability as a revocation does not invalidate any meeting or other action. (iii) Notice to shareholders or directors who have consented to receipt of electronically transmitted notices may be provided by (A) posting the notice on an electronic network and (B) delivering to the shareholder or director a separate record of the posting, together with comprehensible instructions regarding how to obtain access to the posting on the electronic network. (iv) Notice to a domestic or foreign corporation, authorized to transact business in this state, in an electronic transmission is effective only with respect to a corporation that has designated in a record an address, location, or system to which the notices may be electronically transmitted. (d) Materials accompanying notice to shareholders of public companies. Notwithstanding anything to the contrary in this section or any other section of this title, if this title requires that a notice to shareholders be accompanied by certain material, a public company may satisfy such a require[Title 23B RCW—page 5] 23B.01.420 Title 23B RCW: Washington Business Corporation Act ment, whether or not a shareholder has consented to receive electronically transmitted notice, by (i) posting the material on an electronic network (either separate from, or in combination or as part of, any other materials the public company has posted on the electronic network in compliance with applicable federal law) at or prior to the time that the notice is delivered to the public company’s shareholders entitled to receive the notice, and (ii) delivering to the public company’s shareholders entitled to receive the notice a separate record of the posting (which record may accompany, or be contained in, the notice), together with comprehensible instructions regarding how to obtain access to the posting on the electronic network. In such a case, the material is deemed to have been delivered to the public company’s shareholders at the time the notice to the shareholders is effective under this section. A public company that elects pursuant to this section to post on an electronic network any material required by this title to accompany a notice to shareholders is required, at its expense, to provide a copy of the material in a tangible medium (alone or in combination or as part of any other materials the public company has posted on the electronic network in compliance with federal law) to any shareholder entitled to such a notice who so requests. (3) Effective time and date of notice. (a) Oral notice. Oral notice is effective when received. (b) Notice provided in a tangible medium. (i) Notice in a tangible medium, if in a comprehensible form, is effective at the earliest of the following: (A) If expressly authorized by the articles of incorporation or bylaws, and if notice is sent to the person’s address, telephone number, or other number appearing on the records of the corporation, when dispatched by telegraph, teletype, or facsimile equipment; (B) When received; (C) Except as provided in (b)(ii) of this subsection, five days after its deposit in the United States mail, as evidenced by the postmark, if mailed with first-class postage, prepaid and correctly addressed; or (D) On the date shown on the return receipt, if sent by registered or certified mail, return receipt requested, and the receipt is signed by or on behalf of the addressee. (ii) Notice in a tangible medium by a domestic or foreign corporation to its shareholder, if in a comprehensible form and correctly addressed to the shareholder’s address shown in the corporation’s current record of shareholders, is effective: (A) When mailed, if mailed with first-class postage prepaid; and (B) When dispatched, if prepaid, by air courier. (iii) Notice in a tangible medium to a domestic or foreign corporation, authorized to transact business in this state, may be addressed to the corporation’s registered agent at its registered office or to the corporation or its secretary at its principal office shown in its most recent annual report, or in the case of a foreign corporation that has not yet delivered its annual report in its application for a certificate of authority. (c) Notice provided in an electronic transmission. Notice provided in an electronic transmission, if in comprehensible form, is effective when it: (i) Is electronically transmitted to an address, location, or system designated by the recipient for that purpose; or (ii) has been posted on an electronic network and a separate record of the posting has been [Title 23B RCW—page 6] delivered to the recipient together with comprehensible instructions regarding how to obtain access to the posting on the electronic network. (4) If this title prescribes notice requirements for particular circumstances, those requirements govern. If articles of incorporation or bylaws prescribe notice requirements, not inconsistent with this section or other provisions of this title, those requirements govern. [2008 c 59 § 1; 2002 c 297 § 10; 1991 c 72 § 29; 1990 c 178 § 2; 1989 c 165 § 15.] Effective date—1990 c 178: See note following RCW 23B.01.220. 23B.01.420 Notice—Common address—Address defined—Shareholder consent. (1) A corporation has provided notice or any other record to shareholders of record who share a common address if all of the following requirements are met: (a) The corporation delivers the notice or other record to the common address; (b) The corporation addresses the notice or other record to the shareholders who share that address either as a group or to each of the shareholders individually; and (c) Each shareholder consents in a record to delivery of a single copy of such a notice or other record to the shareholders’ common address, and the corporation notifies each shareholder of the duration of that shareholder’s consent, and explains the manner by which the shareholder can revoke the consent. (2) For purposes of this section, "address" means a street address, a post office box number, a facsimile telephone number, a common address, location, or system for electronic transmissions, or another similar destination to which records are delivered. (3) If a shareholder revokes consent to delivery of a single copy of any notice or other record to a common address, or notifies the corporation that the shareholder wishes to receive an individual copy of any notice or other record, the corporation shall begin sending individual copies to that shareholder within thirty days after the corporation receives the revocation of consent or notice. (4) Prior to the delivery of notice by electronic transmission to a common address, location, or system for electronic transmissions under this section, each shareholder consenting to receive notice under this section must also have consented to the receipt of notices by electronic transmission as provided in RCW 23B.01.410. [2003 c 35 § 1.] 23B.01.420 23B.01.500 Domestic corporations—Notice of due date for payment of annual license fee and filing annual report. Not less than thirty nor more than ninety days prior to July 1st of each year or to the expiration date of any staggered yearly license, the secretary of state shall mail to each domestic corporation, at its registered office within the state, by first-class mail, a notice that its annual license fee must be paid and its annual report must be filed as required by this title, and stating that if any domestic corporation shall fail to pay its annual license fee or to file its annual report it shall be dissolved and cease to exist. Failure of the secretary of state to mail any such notice shall not relieve a corporation from its obligations to pay the annual license fees and to file the annual reports required by this title. [1989 c 165 § 16.] 23B.01.500 (2008 Ed.) General Provisions 23B.01.510 Foreign corporations—Notice of due date for payment of annual license fee and filing annual report. Not less than thirty nor more than ninety days prior to July 1st of each year or to the expiration date of any staggered yearly license, the secretary of state shall mail to each foreign corporation qualified to do business in this state, by first-class mail addressed to its registered office within this state, a notice that its annual license fee must be paid and its annual report must be filed as required by this title, and stating that if it shall fail to pay its annual license fee or to file its annual report its certificate of authority to transact business within this state may be revoked. Failure of the secretary of state to mail any such notice shall not relieve a corporation from its obligations to pay the annual license fees and to obtain or file the annual reports required by this title. [1990 c 178 § 3; 1989 c 165 § 17.] 23B.01.510 Effective date—1990 c 178: See note following RCW 23B.01.220. 23B.01.520 Domestic corporations—Filing and initial license fees. Every domestic corporation, except one for which existing law provides a different fee schedule, shall pay for filing of its articles of incorporation and its first year’s license a fee of one hundred seventy-five dollars. [1989 c 165 § 18.] 23B.01.520 23B.01.530 Domestic corporations—Inactive corporation defined—Annual license fee. For the privilege of doing business, every corporation organized under the laws of this state, except the corporations for which existing law provides a different fee schedule, shall make and file a statement in the form prescribed by the secretary of state and shall pay an annual license fee each year following incorporation, on or before the expiration date of its corporate license, to the secretary of state. The secretary of state shall collect an annual license fee of ten dollars for each inactive corporation and fifty dollars for other corporations. As used in this section, "inactive corporation" means a corporation that certifies at the time of filing under this section that it did not engage in any business activities during the year ending on the expiration date of its corporate license. [1993 c 269 § 3; 1989 c 165 § 19.] 23B.01.530 Effective date—1993 c 269: See note following RCW 23.86.070. 23B.01.540 Foreign corporations—Filing and license fees on qualification. A foreign corporation doing an intrastate business or seeking to do an intrastate business in the state of Washington shall qualify so to do in the manner prescribed in this title and shall pay for the privilege of so doing the filing and license fees prescribed in this title for domestic corporations, including the same fees as are prescribed in RCW 23B.01.520, for the filing of articles of incorporation of a domestic corporation. [1989 c 165 § 20.] 23B.01.540 23B.01.550 Foreign corporations—Annual license fees. All foreign corporations doing intrastate business, or hereafter seeking to do intrastate business in this state shall pay for the privilege of doing such intrastate business in this state the same fees as are prescribed by RCW 23B.01.530 for domestic corporations for annual license fees. All license fees shall be paid on or before the first day of July of each and 23B.01.550 (2008 Ed.) 23B.01.580 every year or on the annual license expiration date as the secretary of state may establish under this title. [1989 c 165 § 21.] 23B.01.560 License fees for reinstated corporation. (1) A corporation seeking reinstatement shall pay the full amount of all annual corporation license fees which would have been assessed for the license years of the period of administrative dissolution had the corporation been in active status, plus a surcharge established by the secretary of state by rule, and the license fee for the year of reinstatement. (2) The penalties herein established shall be in lieu of any other penalties or interest which could have been assessed by the secretary of state under the corporation laws or which, under those laws, would have accrued during any period of delinquency, dissolution, or expiration of corporate duration. [1993 c 269 § 4; 1989 c 165 § 22.] 23B.01.560 Effective date—1993 c 269: See note following RCW 23.86.070. 23B.01.570 Penalty for nonpayment of annual corporate license fees and failure to file a substantially complete annual report—Payment of delinquent fees—Rules. In the event any corporation, foreign or domestic, fails to file a full and complete initial report under RCW 23B.02.050(4) and 23B.16.220(3) or does business in this state without having paid its annual corporate license fee and without having filed a substantially complete annual report under RCW 23B.16.220(1) when either is due, there shall become due and owing the state of Washington a penalty as established by rule by the secretary. A corporation organized under this title may at any time prior to its dissolution as provided in RCW 23B.14.200, and a foreign corporation qualified to do business in this state may at any time prior to the revocation of its certificate of authority as provided in RCW 23B.15.300, pay to the state of Washington its current annual license fee, provided it also pays an amount equal to all previously unpaid annual license fees plus the penalty established by rule by the secretary. [1994 c 287 § 6; 1991 c 72 § 30; 1989 c 165 § 23.] 23B.01.570 23B.01.580 Waiver of penalty fees. The secretary of state may, where exigent or mitigating circumstances are presented, waive penalty fees due from any licensed corporation previously in good standing which would otherwise be penalized or lose its active status. Any corporation desiring to seek relief under this section shall, within fifteen days of discovery by corporate officials of the missed filing or lapse, notify the secretary of state in writing. The notification shall include the name and mailing address of the corporation, the corporate officer to whom correspondence should be sent, and a statement under oath by a responsible corporate officer, setting forth the nature of the missed filing or lapse, the circumstances giving rise to the missed filing or lapse, and the relief sought. Upon receipt of the notice, the secretary of state shall investigate the circumstances of the missed filing or lapse. If the secretary of state is satisfied that sufficient exigent or mitigating circumstances exist, that the corporation has demonstrated good faith and a reasonable attempt to comply with the applicable corporate license statutes of this state, the secretary of state may issue an order allowing relief from the 23B.01.580 [Title 23B RCW—page 7] 23B.01.590 Title 23B RCW: Washington Business Corporation Act penalty. If the secretary of state determines the request does not comply with the requirements for relief, the secretary of state shall deny the relief and state the reasons for the denial. Any denial of relief by the secretary of state is not reviewable notwithstanding the provisions of chapter 34.05 RCW. [1990 c 178 § 4; 1989 c 165 § 24.] Effective date—1990 c 178: See note following RCW 23B.01.220. 23B.01.590 Public service companies entitled to deductions. The annual fee required to be paid to the Washington utilities and transportation commission by any public service corporation shall be deducted from the annual license fee provided in this title and the excess only shall be collected. It shall be the duty of the commission to furnish to the secretary of state on or before July 1st of each year a list of all public service corporations with the amount of annual license fees paid to the commission for the current year. [1989 c 165 § 25.] 23B.01.590 Chapter 23B.02 Chapter 23B.02 RCW INCORPORATION Sections 23B.02.010 23B.02.020 23B.02.030 23B.02.032 23B.02.040 23B.02.050 23B.02.060 23B.02.070 Incorporators. Articles of incorporation. Effect of filing. Certificate of authority as insurance company—Filing of records. Liability for preincorporation transactions. Organization of corporation. Bylaws. Emergency bylaws. 23B.02.010 Incorporators. One or more persons may act as the incorporator or incorporators of a corporation by delivering articles of incorporation to the secretary of state for filing. [1989 c 165 § 26.] 23B.02.010 23B.02.020 Articles of incorporation. (1) The articles of incorporation must set forth: (a) A corporate name for the corporation that satisfies the requirements of RCW 23B.04.010; (b) The number of shares the corporation is authorized to issue in accordance with RCW 23B.06.010 and 23B.06.020; (c) The street address of the corporation’s initial registered office and the name of its initial registered agent at that office in accordance with RCW 23B.05.010; and (d) The name and address of each incorporator in accordance with RCW 23B.02.010. (2) The articles of incorporation or bylaws must either specify the number of directors or specify the process by which the number of directors will be fixed, unless the articles of incorporation dispense with a board of directors pursuant to RCW 23B.08.010. (3) Unless its articles of incorporation provide otherwise, a corporation is governed by the following provisions: (a) The board of directors may adopt bylaws to be effective only in an emergency as provided by RCW 23B.02.070; (b) A corporation has the purpose of engaging in any lawful business under RCW 23B.03.010; 23B.02.020 [Title 23B RCW—page 8] (c) A corporation has perpetual existence and succession in its corporate name under RCW 23B.03.020; (d) A corporation has the same powers as an individual to do all things necessary or convenient to carry out its business and affairs, including itemized powers under RCW 23B.03.020; (e) All shares are of one class and one series, have unlimited voting rights, and are entitled to receive the net assets of the corporation upon dissolution under RCW 23B.06.010 and 23B.06.020; (f) If more than one class of shares is authorized, all shares of a class must have preferences, limitations, and relative rights identical to those of other shares of the same class under RCW 23B.06.010; (g) If the board of directors is authorized to designate the number of shares in a series, the board may, after the issuance of shares in that series, reduce the number of authorized shares of that series under RCW 23B.06.020; (h) The board of directors must authorize any issuance of shares under RCW 23B.06.210; (i) Shares may be issued pro rata and without consideration to shareholders under RCW 23B.06.230; (j) Shares of one class or series may not be issued as a share dividend with respect to another class or series, unless there are no outstanding shares of the class or series to be issued, or a majority of votes entitled to be cast by such class or series approve as provided in RCW 23B.06.230; (k) A corporation may issue rights, options, or warrants for the purchase of shares of the corporation under RCW 23B.06.240; (l) A shareholder has, and may waive, a preemptive right to acquire the corporation’s unissued shares as provided in RCW 23B.06.300; (m) Shares of a corporation acquired by it may be reissued under RCW 23B.06.310; (n) The board may authorize and the corporation may make distributions not prohibited by statute under RCW 23B.06.400; (o) The preferential rights upon dissolution of certain shareholders will be considered a liability for purposes of determining the validity of a distribution under RCW 23B.06.400; (p) Action may be taken by shareholders by unanimous consent of all shareholders entitled to vote on the action, unless the approval of a lesser number of shareholders is permitted as provided in RCW 23B.07.040, which consent shall be in the form of a record; (q) Unless this title requires otherwise, the corporation is required to give notice only to shareholders entitled to vote at a meeting and the notice for an annual meeting need not include the purpose for which the meeting is called under RCW 23B.07.050; (r) A corporation that is a public company shall hold a special meeting of shareholders if the holders of at least ten percent of the votes entitled to be cast on any issue proposed to be considered at the meeting demand a meeting under RCW 23B.07.020; (s) Subject to statutory exceptions, each outstanding share, regardless of class, is entitled to one vote on each matter voted on at a shareholders’ meeting under RCW 23B.07.210; (2008 Ed.) Incorporation (t) A majority of the votes entitled to be cast on a matter by a voting group constitutes a quorum, unless the title provides otherwise under RCW 23B.07.250 and 23B.07.270; (u) Action on a matter, other than election of directors, by a voting group is approved if the votes cast within the voting group favoring the action exceed the votes cast opposing the action, unless this title requires a greater number of affirmative votes under RCW 23B.07.250; (v) All shares of one or more classes or series that are entitled to vote will be counted together collectively on any matter at a meeting of shareholders under RCW 23B.07.260; (w) Directors are elected by cumulative voting under RCW 23B.07.280; (x) Directors are elected by a plurality of votes cast by shares entitled to vote under RCW 23B.07.280; (y) A corporation must have a board of directors under RCW 23B.08.010; (z) All corporate powers must be exercised by or under the authority of, and the business and affairs of the corporation managed under the direction of, its board of directors under RCW 23B.08.010; (aa) The shareholders may remove one or more directors with or without cause under RCW 23B.08.080; (bb) A vacancy on the board of directors may be filled by the shareholders or the board of directors under RCW 23B.08.100; (cc) A corporation shall indemnify a director who was wholly successful in the defense of any proceeding to which the director was a party because the director is or was a director of the corporation against reasonable expenses incurred by the director in connection with the proceeding under RCW 23B.08.520; (dd) A director of a corporation who is a party to a proceeding may apply for indemnification of reasonable expenses incurred by the director in connection with the proceeding to the court conducting the proceeding or to another court of competent jurisdiction under RCW 23B.08.540; (ee) An officer of the corporation who is not a director is entitled to mandatory indemnification under RCW 23B.08.520, and is entitled to apply for court-ordered indemnification under RCW 23B.08.540, in each case to the same extent as a director under RCW 23B.08.570; (ff) The corporation may indemnify and advance expenses to an officer, employee, or agent of the corporation who is not a director to the same extent as to a director under RCW 23B.08.570; (gg) A corporation may indemnify and advance expenses to an officer, employee, or agent who is not a director to the extent, consistent with law, that may be provided by its articles of incorporation, bylaws, general or specific action of its board of directors, or contract under RCW 23B.08.570; (hh) A corporation’s board of directors may adopt certain amendments to the corporation’s articles of incorporation without shareholder action under RCW 23B.10.020; (ii) Unless this title or the board of directors requires a greater vote or a vote by voting groups, an amendment to the corporation’s articles of incorporation must be approved by each voting group entitled to vote on the proposed amendment by two-thirds, or, in the case of a public company, a majority, of all the votes entitled to be cast by that voting group under RCW 23B.10.030; (2008 Ed.) 23B.02.020 (jj) A corporation’s board of directors may amend or repeal the corporation’s bylaws unless this title reserves this power exclusively to the shareholders in whole or in part, or unless the shareholders in amending or repealing a bylaw provide expressly that the board of directors may not amend or repeal that bylaw under RCW 23B.10.200; (kk) Unless this title or the board of directors require a greater vote or a vote by voting groups, a plan of merger or share exchange must be approved by each voting group entitled to vote on the merger or share exchange by two-thirds of all the votes entitled to be cast by that voting group under RCW 23B.11.030; (ll) Approval by the shareholders of the sale, lease, exchange, or other disposition of all, or substantially all, the corporation’s property in the usual and regular course of business is not required under RCW 23B.12.010; (mm) Approval by the shareholders of the mortgage, pledge, dedication to the repayment of indebtedness, or other encumbrance of any or all of the corporation’s property, whether or not in the usual and regular course of business, is not required under RCW 23B.12.010; (nn) Unless the board of directors requires a greater vote or a vote by voting groups, a sale, lease, exchange, or other disposition of all or substantially all of the corporation’s property, other than in the usual and regular course of business, must be approved by each voting group entitled to vote on such transaction by two-thirds of all votes entitled to be cast by that voting group under RCW 23B.12.020; and (oo) Unless the board of directors requires a greater vote or a vote by voting groups, a proposal to dissolve must be approved by each voting group entitled to vote on the dissolution by two-thirds of all votes entitled to be cast by that voting group under RCW 23B.14.020. (4) Unless its articles of incorporation or its bylaws provide otherwise, a corporation is governed by the following provisions: (a) The board of directors may authorize the issuance of some or all of the shares of any or all of the corporation’s classes or series without certificates under RCW 23B.06.260; (b) A corporation that is not a public company shall hold a special meeting of shareholders if the holders of at least ten percent of the votes entitled to be cast on any issue proposed to be considered at the meeting demand a meeting under RCW 23B.07.020; (c) A director need not be a resident of this state or a shareholder of the corporation under RCW 23B.08.020; (d) The board of directors may fix the compensation of directors under RCW 23B.08.110; (e) Members of the board of directors may participate in a meeting of the board by any means of similar communication by which all directors participating can hear each other during the meeting under RCW 23B.08.200; (f) Action permitted or required by this title to be taken at a board of directors’ meeting may be taken without a meeting if action is taken by all members of the board under RCW 23B.08.210; (g) Regular meetings of the board of directors may be held without notice of the date, time, place, or purpose of the meeting under RCW 23B.08.220; (h) Special meetings of the board of directors must be preceded by at least two days’ notice of the date, time, and [Title 23B RCW—page 9] 23B.02.030 Title 23B RCW: Washington Business Corporation Act place of the meeting, and the notice need not describe the purpose of the special meeting under RCW 23B.08.220; (i) A quorum of a board of directors consists of a majority of the number of directors under RCW 23B.08.240; (j) If a quorum is present when a vote is taken, the affirmative vote of a majority of directors present is the act of the board of directors under RCW 23B.08.240; (k) A board of directors may create one or more committees and appoint members of the board of directors to serve on them under RCW 23B.08.250; and (l) Unless approved by the shareholders, a corporation may indemnify, or make advances to, a director for reasonable expenses incurred in the defense of any proceeding to which the director was a party because of being a director only to the extent such action is consistent with RCW 23B.08.500 through 23B.08.580. (5) The articles of incorporation may contain the following provisions: (a) The names and addresses of the individuals who are to serve as initial directors; (b) The par value of any authorized shares or classes of shares; (c) Provisions not inconsistent with law related to the management of the business and the regulation of the affairs of the corporation; (d) Any provision that under this title is required or permitted to be set forth in the bylaws; (e) Provisions not inconsistent with law defining, limiting, and regulating the powers of the corporation, its board of directors, and shareholders; (f) Provisions authorizing shareholder action to be taken by consent of less than all of the shareholders entitled to vote on the action, in accordance with RCW 23B.07.040; (g) If the articles of incorporation authorize dividing shares into classes, the election of all or a specified number of directors may be effected by the holders of one or more authorized classes of shares under RCW 23B.08.040; (h) The terms of directors may be staggered under RCW 23B.08.060; (i) Shares may be redeemable or convertible (i) at the option of the corporation, the shareholder, or another person, or upon the occurrence of a designated event; (ii) for cash, indebtedness, securities, or other property; or (iii) in a designated amount or in an amount determined in accordance with a designated formula or by reference to extrinsic data or events under RCW 23B.06.010; and (j) A director’s personal liability to the corporation or its shareholders for monetary damages for conduct as a director may be eliminated or limited under RCW 23B.08.320. (6) The articles of incorporation or the bylaws may contain the following provisions: (a) A restriction on the transfer or registration of transfer of the corporation’s shares under RCW 23B.06.270; (b) Shareholders may participate in a meeting of shareholders by any means of communication by which all persons participating in the meeting can hear each other under RCW 23B.07.080; (c) A quorum of the board of directors may consist of as few as one-third of the number of directors under RCW 23B.08.240; [Title 23B RCW—page 10] (d) If the corporation is registered as an investment company under the investment company act of 1940, a provision limiting the requirement to hold an annual meeting of shareholders as provided in RCW 23B.07.010(2); and (e) If the corporation is registered as an investment company under the investment company act of 1940, a provision establishing terms of directors which terms may be longer than one year as provided in RCW 23B.05.050. (7) The articles of incorporation need not set forth any of the corporate powers enumerated in this title. [2002 c 297 § 11; 1997 c 19 § 1; 1996 c 155 § 5; 1994 c 256 § 27; 1989 c 165 § 27.] Findings—Construction—1994 c 256: See RCW 43.320.007. 23B.02.030 Effect of filing. (1) Unless a delayed effective date is specified, the corporate existence begins when the articles of incorporation are filed. (2) The secretary of state’s filing of the articles of incorporation is conclusive proof that the incorporators satisfied all conditions precedent to the incorporation except in a proceeding by the state to cancel or revoke the incorporation or involuntarily to dissolve the corporation. [1989 c 165 § 28.] 23B.02.030 23B.02.032 Certificate of authority as insurance company—Filing of records. For those corporations that have a certificate of authority, are applying for, or intend to apply for a certificate of authority from the insurance commissioner as an insurance company under chapter 48.05 RCW, whenever under this chapter corporate records are required to be filed with the secretary of state, the records shall be filed with the insurance commissioner rather than the secretary of state. [2002 c 297 § 12; 1998 c 23 § 6.] 23B.02.032 23B.02.040 Liability for preincorporation transactions. All persons purporting to act as or on behalf of a corporation, knowing there was no incorporation under this title, are jointly and severally liable for liabilities created while so acting except for any liability to any person who also knew that there was no incorporation. [1989 c 165 § 29.] 23B.02.040 23B.02.050 Organization of corporation. (1) After incorporation: (a) If initial directors are named in the articles of incorporation, the initial directors shall hold an organizational meeting, at the call of a majority of the directors, to complete the organization of the corporation by appointing officers, adopting bylaws, and carrying on any other business brought before the meeting; (b) If initial directors are not named in the articles, the incorporator or incorporators shall hold an organizational meeting at the call of a majority of the incorporators: (i) To elect directors and complete the organization of the corporation; or (ii) To elect a board of directors who shall complete the organization of the corporation. (2) Action required or permitted by this title to be taken by incorporators at an organizational meeting may be taken without a meeting if the action taken is evidenced by the consent of each of the incorporators in the form of a record 23B.02.050 (2008 Ed.) Powers and Purposes describing the action taken and executed by each incorporator. (3) An organizational meeting may be held in or out of this state. (4) A corporation’s initial report containing the information described in RCW 23B.16.220(1) must be delivered to the secretary of state within one hundred twenty days of the date on which the corporation’s articles of incorporation were filed. [2002 c 297 § 13; 1991 c 72 § 31; 1989 c 165 § 30.] 23B.02.060 Bylaws. (1) The incorporators or board of directors of a corporation shall adopt initial bylaws for the corporation. (2) The articles of incorporation or bylaws must either specify the number of directors or specify the process by which the number of directors will be fixed, unless the articles of incorporation dispense with a board of directors pursuant to RCW 23B.08.010; (3) Unless its articles of incorporation or its bylaws provide otherwise, a corporation is governed by the following provisions: (a) The board of directors may authorize the issuance of some or all of the shares of any or all of the corporation’s classes or series without certificates under RCW 23B.06.260; (b) A corporation that is not a public company shall hold a special meeting of shareholders if the holders of at least ten percent of the votes entitled to be cast on any issue proposed to be considered at the meeting demand a meeting under RCW 23B.07.020; (c) A director need not be a resident of this state or a shareholder of the corporation under RCW 23B.08.020; (d) The board of directors may fix the compensation of directors under RCW 23B.08.110; (e) Members of the board of directors may participate in a meeting of the board by means of a conference telephone o r si m ila r c o m m u n ic a t io n e q u ip m e n t u nd e r RC W 23B.08.200; (f) Action permitted or required by this title to be taken at a board of directors’ meeting may be taken without a meeting if action is taken by all members of the board under RCW 23B.08.210; (g) Regular meetings of the board of directors may be held without notice of the date, time, place, or purpose of the meeting under RCW 23B.08.220; (h) Special meetings of the board of directors must be preceded by at least two days’ notice of the date, time, and place of the meeting, and the notice need not describe the purpose of the special meeting under RCW 23B.08.220; (i) A quorum of a board of directors consists of a majority of the number of directors under RCW 23B.08.240; (j) If a quorum is present when a vote is taken, the affirmative vote of a majority of directors present is the act of the board of directors under RCW 23B.08.240; (k) A board of directors may create one or more committees and appoint members of the board of directors to serve on them under RCW 23B.08.250; and (l) Unless approved by shareholders, a corporation may indemnify, or make advances to, a director only for reasonable expenses incurred in the defense of any proceeding to which the director was a party because of being a director to 23B.02.060 (2008 Ed.) 23B.03.020 the extent such action is consistent with RCW 23B.08.500 through 23B.08.580 under RCW 23B.08.590. (4) The bylaws of a corporation may contain any provision, not in conflict with law or the articles of incorporation, for managing the business and regulating the affairs of the corporation, including but not limited to the following: (a) A restriction on the transfer or registration of transfer of the corporation’s shares under RCW 23B.06.270; (b) Shareholders may participate in a meeting of shareholders by any means of communication by which all persons participating in the meeting can hear each other under RCW 23B.07.080; and (c) A quorum of the board of directors may consist of as few as one-third of the number of directors under RCW 23B.08.240. [1989 c 165 § 31.] 23B.02.070 Emergency bylaws. (1) Unless the articles of incorporation provide otherwise, the board of directors of a corporation may adopt bylaws to be effective only in an emergency defined in subsection (4) of this section. The emergency bylaws, which are subject to amendment or repeal by the shareholders, may make all provisions necessary for managing the corporation during the emergency, including: (a) Procedures for calling a meeting of the board of directors; (b) Quorum requirements for the meeting; and (c) Designation of additional or substitute directors. (2) All provisions of the regular bylaws consistent with the emergency bylaws remain effective during the emergency. The emergency bylaws are not effective after the emergency ends. (3) Corporate action taken in good faith in accordance with the emergency bylaws: (a) Binds the corporation; and (b) May not be used to impose liability on a corporate director, officer, employee, or agent. (4) An emergency exists for purposes of this section if a quorum of the corporation’s directors cannot readily be assembled because of some catastrophic event. [1989 c 165 § 32.] 23B.02.070 Chapter 23B.03 Chapter 23B.03 RCW POWERS AND PURPOSES Sections 23B.03.010 23B.03.020 23B.03.030 23B.03.040 Purposes. General powers. Emergency powers. Ultra vires. 23B.03.010 Purposes. (1) Every corporation incorporated under this title has the purpose of engaging in any lawful business unless a more limited purpose is set forth in the articles of incorporation. (2) Corporations organized for the purposes of banking or engaging in business as an insurer shall not be organized under this title. [1989 c 165 § 33.] 23B.03.010 23B.03.020 General powers. (1) Unless its articles of incorporation provide otherwise, every corporation has perpetual duration and succession in its corporate name. 23B.03.020 [Title 23B RCW—page 11] 23B.03.030 Title 23B RCW: Washington Business Corporation Act (2) Unless its articles of incorporation provide otherwise, every corporation has the same powers as an individual to do all things necessary or convenient to carry out its business and affairs, including without limitation, power: (a) To sue and be sued, complain, and defend in its corporate name; (b) To have a corporate seal, which may be altered at will, and to use it, or a facsimile of it, by impressing or affixing it or in any other manner reproducing it; (c) To make and amend bylaws, not inconsistent with its articles of incorporation or with the laws of this state, for managing the business and regulating the affairs of the corporation; (d) To purchase, receive, lease, or otherwise acquire, and own, hold, improve, use, and otherwise deal with, real or personal property, or any legal or equitable interest in property, wherever located; (e) To sell, convey, mortgage, pledge, lease, exchange, and otherwise dispose of all or any part of its property; (f) To purchase, receive, subscribe for, or otherwise acquire; own, hold, vote, use, sell, mortgage, lend, pledge, or otherwise dispose of; and deal in and with shares or other interests in, or obligations of, any person; (g) To make contracts, incur liabilities, borrow money, issue its notes, bonds, and other obligations, which may be convertible into or include the option to purchase other securities of the corporation, and secure any of its obligations by mortgage or pledge of any of its property, franchises, or income; (h) To make guarantees respecting the contracts, securities, or obligations of any person; including, but not limited to, any shareholder, affiliated or unaffiliated individual, domestic or foreign corporation, partnership, association, joint venture or trust, if such guarantee may reasonably be expected to benefit, directly or indirectly, the guarantor corporation. As to the enforceability of the guarantee, the decision of the board of directors that the guarantee may be reasonably expected to benefit, directly or indirectly, the guarantor corporation shall be binding in respect to the issue of benefit to the guarantor corporation; (i) To lend money, invest and reinvest its funds, and receive and hold real and personal property as security for repayment; (j) To be a promoter, partner, member, associate, or manager of any partnership, joint venture, trust, or other entity; (k) To conduct its business, locate offices, and exercise the powers granted by this title within or without this state; (l) To elect, appoint, or hire officers, employees, and other agents of the corporation, define their duties, fix their compensation, and lend them money and credit; (m) To fix the compensation of directors, and lend them money and credit; (n) To pay pensions and establish pension plans, pension trusts, profit sharing plans, share bonus plans, share option plans, and benefit or incentive plans for any or all of its current or former directors, officers, employees, and agents; (o) To make donations for the public welfare or for charitable, scientific, or educational purposes; (p) To transact any lawful business that will aid governmental policy; and [Title 23B RCW—page 12] (q) To make payments or donations, or do any other act, not inconsistent with law, that furthers the business and affairs of the corporation. [1989 c 165 § 34.] 23B.03.030 Emergency powers. (1) In anticipation of or during an emergency defined in subsection (4) of this section, the board of directors of a corporation may: (a) Modify lines of succession to accommodate the incapacity of any director, officer, employee, or agent; and (b) Relocate the principal office, designate alternative principal offices or regional offices, or authorize the officers to do so. (2) During an emergency defined in subsection (4) of this section, unless emergency bylaws provide otherwise: (a) Notice of a meeting of the board of directors need be given only to those directors whom it is practicable to reach and may be given in any practicable manner, including by publication and radio; and (b) One or more officers of the corporation present at a meeting of the board of directors may be deemed to be directors for the meeting in order of rank and within the same rank in order of seniority, as necessary to achieve a quorum. (3) Corporate action taken in good faith during an emergency under this section to further the business affairs of the corporation: (a) Binds the corporation; and (b) May not be used to impose liability on a corporate director, officer, employee, or agent. (4) An emergency exists for purposes of this section if a quorum of the corporation’s directors cannot readily be assembled because of some catastrophic event. [1989 c 165 § 35.] 23B.03.030 23B.03.040 Ultra vires. (1) Except as provided in subsection (2) of this section, corporate action may not be challenged on the ground that the corporation lacks or lacked power to act. (2) A corporation’s power to act may be challenged: (a) In a proceeding by a shareholder against the corporation to enjoin the act; (b) In a proceeding by the corporation, directly, derivatively, or through a receiver, trustee, or other legal representative, against an incumbent or former director, officer, employee, or agent of the corporation; or (c) In a proceeding by the attorney general under RCW 23B.14.300. (3) In a shareholder’s proceeding under subsection (2)(a) of this section to enjoin an unauthorized corporate act, the court may enjoin or set aside the act, and may award damages for loss suffered by the corporation or another party because of enjoining or setting aside the unauthorized act. [1989 c 165 § 36.] 23B.03.040 Chapter 23B.04 Chapter 23B.04 RCW NAME Sections 23B.04.010 Corporate name. 23B.04.020 Reserved name. 23B.04.030 Registered name. (2008 Ed.) Name 23B.04.035 Certificate of authority as insurance company—Filing of records. 23B.04.037 Certificate of authority as insurance company—Registration or reservation of name. 23B.04.010 Corporate name. (1) A corporate name: (a) Must contain the word "corporation," "incorporated," "company," or "limited," or the abbreviation "corp.," "inc.," "co.," or "ltd."; (b) Must not contain language stating or implying that the corporation is organized for a purpose other than those permitted by RCW 23B.03.010 and its articles of incorporation; (c) Must not contain any of the following words or phrases: "Bank," "banking," "banker," "trust," "cooperative," or any combination of the words "industrial" and "loan," or any combination of any two or more of the words "building," "savings," "loan," "home," "association," and "society," or any other words or phrases prohibited by any statute of this state; and (d) Except as authorized by subsections (2) and (3) of this section, must be distinguishable upon the records of the secretary of state from: (i) The corporate name of a corporation incorporated or authorized to transact business in this state; (ii) A corporate name reserved or registered under chapter 23B.04 RCW; (iii) The fictitious name adopted under RCW 23B.15.060 by a foreign corporation authorized to transact business in this state because its real name is unavailable; (iv) The corporate name or reserved name of a not-forprofit corporation incorporated or authorized to conduct affairs in this state under chapter 24.03 RCW; (v) The name or reserved name of a mutual corporation or miscellaneous corporation incorporated or authorized to do business under chapter 24.06 RCW; (vi) The name or reserved name of a foreign or domestic limited partnership formed or registered under chapter 25.10 RCW; (vii) The name or reserved name of a limited liability company organized or registered under chapter 25.15 RCW; and (viii) The name or reserved name of a limited liability partnership registered under chapter 25.04 RCW. (2) A corporation may apply to the secretary of state for authorization to use a name that is not distinguishable upon the records from one or more of the names described in subsection (1) of this section. The secretary of state shall authorize use of the name applied for if: (a) The other corporation, company, holder, limited liability partnership, or limited partnership consents to the use in writing and files with the secretary of state documents necessary to change its name or the name reserved or registered to a name that is distinguishable upon the records of the secretary of state from the name of the applying corporation; or (b) The applicant delivers to the secretary of state a certified copy of the final judgment of a court of competent jurisdiction establishing the applicant’s right to use the name applied for in this state. (3) A corporation may use the name, including the fictitious name, of another domestic or foreign corporation, lim23B.04.010 (2008 Ed.) 23B.04.030 ited liability company, limited partnership, or limited liability partnership, that is used in this state if the other entity is formed or authorized to transact business in this state, and the proposed user corporation: (a) Has merged with the other corporation, limited liability company, or limited partnership; or (b) Has been formed by reorganization of the other corporation. (4) This title does not control the use of assumed business names or "trade names." (5) A name shall not be considered distinguishable upon the records of the secretary of state by virtue of: (a) A variation in any of the following designations for the same name: "Corporation," "incorporated," "company," "limited," "partnership," "limited partnership," "limited liability company," or "limited liability partnership," or the abbreviations "corp.," "inc.," "co.," "ltd.," "LP," "L.P.," "LLP," "L.L.P.," "LLC," or "L.L.C."; (b) The addition or deletion of an article or conjunction such as "the" or "and" from the same name; (c) Punctuation, capitalization, or special characters or symbols in the same name; or (d) Use of abbreviation or the plural form of a word in the same name. [1998 c 102 § 1; 1994 c 211 § 1304. Prior: 1991 c 269 § 36; 1991 c 72 § 32; 1989 c 165 § 37.] Effective date—Severability—1994 c 211: See RCW 25.15.900 and 25.15.902. 23B.04.020 Reserved name. (1) A person may reserve the exclusive use of a corporate name, including a fictitious name adopted pursuant to RCW 23B.15.060 for a foreign corporation whose corporate name is not available, by delivering an application to the secretary of state for filing. The application must set forth the name and address of the applicant and the name proposed to be reserved. If the secretary of state finds that the corporate name applied for is available, the secretary of state shall reserve the name for the applicant’s exclusive use for a nonrenewable one hundred eightyday period. (2) The owner of a reserved corporate name may transfer the reservation to another person by delivering to the secretary of state a signed notice of the transfer that states the name and address of the transferee. [1989 c 165 § 38.] 23B.04.020 23B.04.030 Registered name. (1) A foreign corporation may register its corporate name, or its corporate name with any addition required by RCW 23B.15.060, if the name is distinguishable upon the records of the secretary of state from the names specified in RCW 23B.04.010(1). (2) A foreign corporation registers its corporate name, or its corporate name with any addition required by RCW 23B.15.060, by delivering to the secretary of state for filing an application that: (a) Sets forth its corporate name, or its corporate name with any addition required by RCW 23B.15.060, and the state or country and date of its incorporation; and (b) Is accompanied by a certificate of existence, or a document of similar import, from the state or country of incorporation. (3) The name is registered for the applicant’s exclusive use upon the effective date of the application and until the 23B.04.030 [Title 23B RCW—page 13] 23B.04.035 Title 23B RCW: Washington Business Corporation Act close of the calendar year in which the application for registration is filed. (4) A foreign corporation whose registration is effective may renew it for successive years by delivering to the secretary of state for filing a renewal application, which complies with the requirements of subsection (2) of this section, between October 1 and December 31 of the preceding year. The renewal application when filed renews the registration for the following calendar year. (5) A foreign corporation whose registration is effective may thereafter qualify as a foreign corporation under the registered name, or consent in writing to the use of that name by a corporation thereafter incorporated under this title, by a limited partnership thereafter formed under chapter 25.10 RCW, or by another foreign corporation or limited partnership thereafter authorized to transact business in this state. The registration terminates when the domestic corporation is incorporated or the domestic limited partnership is formed, or the foreign corporation qualifies or consents to the qualification of another foreign corporation or limited partnership under the registered name. [1989 c 165 § 39.] 23B.04.035 Certificate of authority as insurance company—Filing of records. For those corporations that have a certificate of authority, are applying for, or intend to apply for a certificate of authority from the insurance commissioner as an insurance company under chapter 48.05 RCW, whenever under this chapter corporate records are required to be filed with the secretary of state, the records shall be filed with the insurance commissioner rather than the secretary of state. [2002 c 297 § 14; 1998 c 23 § 7.] 23B.04.035 23B.04.037 Certificate of authority as insurance company—Registration or reservation of name. For those corporations that intend to apply for a certificate of authority from the insurance commissioner as an insurance company under chapter 48.05 RCW, whenever under this chapter a corporation may register or reserve a corporate name, the registration or reservation shall be filed with the insurance commissioner rather than the secretary of state. The secretary of state and insurance commissioner shall cooperate with each other in registering or reserving a corporate name so that there is no duplication of the name. [1998 c 23 § 8.] 23B.04.037 Chapter 23B.05 Chapter 23B.05 RCW OFFICE AND AGENT Sections 23B.05.010 23B.05.020 23B.05.030 23B.05.040 23B.05.050 Registered office and registered agent. Change of registered office or registered agent. Resignation of registered agent. Service on corporation. Annual meeting of shareholders—Limitations—Terms of directors. 23B.05.010 Registered office and registered agent. (1) Each corporation must continuously maintain in this state: (a) A registered office that may be the same as any of its places of business. The registered office shall be at a specific geographic location in this state, and be identified by number, if any, and street, or building address or rural route, or, if a 23B.05.010 [Title 23B RCW—page 14] commonly known street or rural route address does not exist, by legal description. A registered office may not be identified by post office box number or other nongeographic address. For purposes of communicating by mail, the secretary of state may permit the use of a post office address in conjunction with the registered office address if the corporation also maintains on file the specific geographic address of the registered office where personal service of process may be made; (b) A registered agent that may be: (i) An individual residing in this state whose business office is identical with the registered office; (ii) A domestic corporation or not-for-profit domestic corporation whose business office is identical with the registered office; (iii) A foreign corporation or not-for-profit foreign corporation authorized to conduct affairs in this state whose business office is identical with the registered office; (iv) A domestic limited liability company whose business office is identical with the registered office; or (v) A foreign limited liability company authorized to conduct affairs in this state whose business office is identical with the registered office. (2) A registered agent shall not be appointed without having given prior consent in a record to the appointment. The consent shall be filed with the secretary of state in such form as the secretary of state may prescribe. The consent shall be filed with or as a part of the record first appointing a registered agent. In the event any individual, corporation, or limited liability company has been appointed agent without consent, that person, corporation, or limited liability company may file a notarized statement attesting to that fact, and the name shall immediately be removed from the records of the secretary of state. [2002 c 297 § 15; 1989 c 165 § 40.] 23B.05.020 Change of registered office or registered agent. (1) A corporation may change its registered office or registered agent by delivering to the secretary of state for filing a statement of change that sets forth: (a) The name of the corporation; (b) If the current registered office is to be changed, the street address of the new registered office in accord with RCW 23B.05.010(1)(a); (c) If the current registered agent is to be changed, the name of the new registered agent and the new agent’s consent in a record, either on the statement or attached to it in a manner and form as the secretary of state may prescribe, to the appointment; and (d) That after the change or changes are made, the street addresses of its registered office and the business office of its registered agent will be identical. (2) If a registered agent changes the street address of the agent’s business office, the registered agent may change the street address of the registered office of any corporation for which the agent is the registered agent by notifying the corporation of the change either (a) in a written record, or (b) if the corporation has designated an address, location, or system to which the notices may be electronically transmitted and the registered agent electronically transmits the notice to the corporation at the designated address, location, or system, in an electronically transmitted record and delivering to the secretary of state for filing a statement that complies with the 23B.05.020 (2008 Ed.) Shares and Distributions requirements of subsection (1) of this section and recites that the corporation has been notified of the change. [2002 c 297 § 16; 1989 c 165 § 41.] 23B.05.030 23B.05.030 Resignation of registered agent. (1) A registered agent may resign as agent by signing and delivering to the secretary of state for filing a statement of resignation. The statement may include a statement that the registered office is also discontinued. (2) After filing the statement the secretary of state shall mail a copy of the statement to the corporation at its principal office. (3) The agency appointment is terminated, and the registered office discontinued if so provided, on the 31st day after the date on which the statement was filed. [1989 c 165 § 42.] 23B.05.040 23B.05.040 Service on corporation. (1) A corporation’s registered agent is the corporation’s agent for service of process, notice, or demand required or permitted by law to be served on the corporation. (2) The secretary of state shall be an agent of a corporation upon whom any such process, notice, or demand may be served if: (a) The corporation fails to appoint or maintain a registered agent in this state; or (b) The registered agent cannot with reasonable diligence be found at the registered office. (3) Service on the secretary of state of any such process, notice, or demand shall be made by delivering to and leaving with the secretary of state, or with any duly authorized clerk of the corporation department of the secretary of state’s office, the process, notice, or demand. In the event any such process, notice, or demand is served on the secretary of state, the secretary of state shall immediately cause a copy thereof to be forwarded by certified mail, addressed to the secretary of the corporation at the corporation’s principal office as shown on the records of the secretary of state. Any service so had on the secretary of state shall be returnable in not less than thirty days. (4) The secretary of state shall keep a record of all processes, notices, and demands served upon the secretary of state under this section, and shall record therein the time of such service and the secretary of state’s action with reference thereto. (5) This section does not limit or affect the right to serve any process, notice, or demand required or permitted by law to be served upon a corporation in any other manner now or hereafter permitted by law. [1989 c 165 § 43.] 23B.05.050 23B.05.050 Annual meeting of shareholders—Limitations—Terms of directors. A corporation registered under the investment company act of 1940 that limits the requirement to hold an annual meeting of shareholders in accordance with RCW 23B.07.010(2) may include in its articles of incorporation or bylaws a provision establishing terms of directors which terms may be longer than one year. [1994 c 256 § 31.] Findings—Construction—1994 c 256: See RCW 43.320.007. (2008 Ed.) Chapter 23B.06 23B.06.010 Chapter 23B.06 RCW SHARES AND DISTRIBUTIONS Sections 23B.06.010 23B.06.020 23B.06.030 23B.06.040 23B.06.200 23B.06.210 23B.06.220 23B.06.230 23B.06.240 23B.06.250 23B.06.260 23B.06.270 23B.06.280 23B.06.300 23B.06.310 23B.06.400 Authorized shares. Terms of class or series. Issued and outstanding shares. Fractional shares. Subscription for shares before incorporation. Issuance of shares. Liability of shareholders. Share dividends. Share options. Certificates. Shares without certificates. Restriction on transfer of shares and other securities. Expense of issue. Shareholders’ preemptive rights. Corporation’s acquisition of its own shares. Distributions to shareholders. 23B.06.010 Authorized shares. (1) The articles of incorporation must prescribe the classes of shares and the number of shares of each class that the corporation is authorized to issue. (a) If more than one class of shares is authorized, the articles of incorporation must prescribe a distinguishing designation for each class, and, prior to the issuance of shares of a class, the preferences, limitations, voting powers, and relative rights of that class must be described in the articles of incorporation. (b) Preferences, limitations, voting powers, or relative rights of or on any class or series of shares or the holders thereof may be made dependent upon facts ascertainable outside the articles of incorporation, if the manner in which such facts shall operate on the preferences, limitations, voting powers, or relative rights of such class or series of shares or the holders thereof is set forth in the articles of incorporation. "Facts ascertainable outside the articles of incorporation" includes, but is not limited to, the existence of any condition or the occurrence of any event, including, without limitation, a determination or action by any person or body, including the corporation, its board of directors, or an officer, employee, or agent of the corporation. (c) All shares of a class must have preferences, limitations, voting powers, and relative rights identical with those of other shares of the same class except to the extent otherwise permitted by (b) of this subsection or RCW 23B.06.020. (2) The articles of incorporation must authorize (a) one or more classes of shares that together have unlimited voting rights, and (b) one or more classes of shares, which may be the same class or classes as those with voting rights, that together are entitled to receive the net assets of the corporation upon dissolution. (3) The articles of incorporation may authorize one or more classes of shares that: (a) Have special, conditional, or limited voting rights, or no right to vote, except to the extent prohibited by this title; (b) Are redeemable or convertible as specified in the articles of incorporation (i) at the option of the corporation, the shareholder, or another person or upon the occurrence of a designated event, (ii) for cash, indebtedness, securities, or other property, (iii) in a designated amount or in an amount determined in accordance with a designated formula or by reference to extrinsic data or events; 23B.06.010 [Title 23B RCW—page 15] 23B.06.020 Title 23B RCW: Washington Business Corporation Act (c) Entitle the holders to distributions calculated in any manner, including dividends that may be cumulative, noncumulative, or partially cumulative; or (d) Have preference over any other class of shares with respect to distributions, including dividends and distributions upon the dissolution of the corporation. (4) The description of the designations, preferences, limitations, and relative rights of share classes in subsection (3) of this section is not exhaustive. [1998 c 104 § 1; 1989 c 165 § 44.] is delivered to the holders in compliance with RCW 23B.01.410 and a sum sufficient to redeem the shares has been deposited with a bank, trust company, or other financial institution under an irrevocable obligation to pay the holders the redemption price on surrender of the shares. (4) At all times that shares of the corporation are outstanding, one or more shares that together have unlimited voting rights and one or more shares that together are entitled to receive the net assets of the corporation upon dissolution must be outstanding. [2002 c 297 § 17; 1989 c 165 § 46.] 23B.06.020 Terms of class or series. (1) If the articles of incorporation so provide, the board of directors may determine, in whole or part, the preferences, limitations, voting powers, and relative rights, within the limits set forth in RCW 23B.06.010(1)(b) and this section of (a) any class of shares before the issuance of any shares of that class, or (b) one or more series within a class, and designate the number of shares within that series, before the issuance of any shares of that series. (2) Each series of a class must be given a distinguishing designation. (3) All shares of a series must have preferences, limitations, voting powers, and relative rights identical with those of other shares of the same series, except to the extent otherwise permitted by RCW 23B.06.010(1)(b). All shares of a series must have preferences, limitations, voting powers, and relative rights identical with those of shares of other series of the same class, except to the extent otherwise provided in the description of the series. (4) Before issuing any shares of a class or series created under this section, the corporation must deliver to the secretary of state for filing articles of amendment, which are effective without shareholder action, that set forth: (a) The name of the corporation; (b) The text of the amendment determining the terms of the class or series of shares; (c) The date it was adopted; and (d) The statement that the amendment was duly adopted by the board of directors. (5) Unless the articles of incorporation provide otherwise, the board of directors may, after the issuance of shares of a series whose number it is authorized to designate, amend the resolution establishing the series to decrease, but not below the number of shares of such series then outstanding, the number of authorized shares of that series, by filing articles of amendment, which are effective without shareholder action, in the manner provided in subsection (4) of this section. [1998 c 104 § 2; 1989 c 165 § 45.] 23B.06.040 Fractional shares. (1) A corporation may: (a) Issue fractions of a share or pay in money the value of fractions of a share; (b) Arrange for disposition of fractional shares by the shareholders; (c) Issue scrip in registered or bearer form entitling the holder to receive a full share upon surrendering enough scrip to equal a full share. (2) Each certificate representing scrip must be conspicuously labeled "scrip" and must contain the information required by RCW 23B.06.250(2). (3) The holder of a fractional share is entitled to exercise the rights of a shareholder, including the right to vote, to receive dividends, and to participate in the assets of the corporation upon liquidation. The holder of scrip is not entitled to any of these rights unless the scrip provides for them. (4) The board of directors may authorize the issuance of scrip subject to any condition considered desirable, including: (a) That the scrip will become void if not exchanged for full shares before a specified date; and (b) That the shares for which the scrip is exchangeable may be sold and the proceeds paid to the scripholders. [1989 c 165 § 47.] 23B.06.020 23B.06.030 Issued and outstanding shares. (1) A corporation may issue the number of shares of each class or series authorized by the articles of incorporation. Shares that are issued are outstanding shares until they are reacquired, redeemed, converted, or canceled. (2) The reacquisition, redemption, or conversion of outstanding shares is subject to the limitations of subsection (4) of this section and to RCW 23B.06.400. (3) Redeemable shares are deemed to have been redeemed and not entitled to vote after notice of redemption 23B.06.030 [Title 23B RCW—page 16] 23B.06.040 23B.06.200 Subscription for shares before incorporation. (1) A written subscription for shares entered into before incorporation is irrevocable for six months unless the subscription agreement provides a longer or shorter period or all the subscribers agree to revocation. (2) The board of directors may determine the payment terms of subscriptions for shares that were entered into before incorporation, unless the subscription agreement specifies them. A call for payment by the board of directors must be uniform so far as practicable as to all shares of the same class or series, unless the subscription agreement specifies otherwise. (3) Shares issued pursuant to subscriptions entered into before incorporation are fully paid and nonassessable when the corporation receives the consideration specified in the subscription agreement. (4) If a subscriber defaults in payment of money or property under a subscription agreement entered into before incorporation, the corporation may collect the amount owed as any other debt. Alternatively, unless the subscription agreement provides otherwise, the corporation may rescind the agreement and may sell the shares if the debt remains unpaid more than twenty days after the corporation sends written demand for payment to the subscriber. 23B.06.200 (2008 Ed.) Shares and Distributions (5) A subscription agreement entered into after incorporation is a contract between the subscriber and the corporation subject to RCW 23B.06.210. [1989 c 165 § 48.] 23B.06.210 Issuance of shares. (1) The powers granted in this section to the board of directors may be reserved to the shareholders by the articles of incorporation. (2) Any issuance of shares must be authorized by the board of directors. Shares may be issued for consideration consisting of any tangible or intangible property or benefit to the corporation, including cash, promissory notes, services performed, contracts for services to be performed, or other securities of the corporation. (3) A good faith determination by the board of directors that the consideration received or to be received for the shares to be issued is adequate is conclusive insofar as the adequacy of consideration relates to whether the shares are validly issued, fully paid and nonassessable. When the board of directors has made such a determination and the corporation has received the consideration, the shares issued therefor are fully paid and nonassessable. (4) The corporation may place in escrow shares issued for a contract for future services or benefits or a promissory note, or make other arrangements to restrict the transfer of the shares, and may credit distributions in respect to the shares against their purchase price, until the services are performed, the benefits are received, or the note is paid. If the services are not performed, the benefits are not received, or the note is not paid, the shares escrowed or restricted and the distributions credited may be canceled in whole or part. (5) Where it cannot be determined that outstanding shares are fully paid and nonassessable, there shall be a conclusive presumption that such shares are fully paid and nonassessable if the board of directors makes a good faith determination that there is no substantial evidence that the full consideration for such shares has not been paid. [1989 c 165 § 49.] 23B.06.210 23B.06.220 Liability of shareholders. A purchaser from a corporation of its own shares is not liable to the corporation or its creditors with respect to the shares except to pay the consideration for which the shares were authorized to be issued under RCW 23B.06.210 or specified in the subscription agreement under RCW 23B.06.200. [1989 c 165 § 50.] 23B.06.220 23B.06.230 Share dividends. (1) Unless the articles of incorporation provide otherwise, shares may be issued pro rata and without consideration to the corporation’s shareholders or to the shareholders of one or more classes or series. An issuance of shares under this subsection is a share dividend. (2) Shares of one class or series may not be issued as a share dividend in respect to shares of another class or series unless (a) the articles of incorporation so authorize, (b) a majority of the votes entitled to be cast by the class or series to be issued approve the issue, or (c) there are no outstanding shares of the class or series to be issued. [1989 c 165 § 51.] 23B.06.230 23B.06.240 Share options. (1) Unless the articles of incorporation provide otherwise, a corporation may issue rights, options, or warrants for the purchase of shares of the 23B.06.240 (2008 Ed.) 23B.06.250 corporation. The board of directors shall determine the terms upon which the rights, options, or warrants are issued, their form and content, and the terms and conditions relating to their exercise, including the time or times, the conditions precedent, and the consideration for which and the holders by whom the rights, options, or warrants may be exercised. (2) The terms of rights, options, or warrants, including the time or times, the conditions precedent, and the consideration for which and the holders by whom the rights, options, or warrants may be exercised, as well as their duration (a) may preclude or limit the exercise, transfer, or receipt of such rights, options, or warrants or invalidate or void any rights, options, or warrants and (b) may be made dependent upon facts ascertainable outside the documents evidencing them or outside the resolution or resolutions adopted by the board of directors creating such rights, options, or warrants if the manner in which those facts operate on the rights, options, or warrants or the holders thereof is clearly set forth in the documents or the resolutions. "Facts ascertainable outside the documents evidencing them or outside the resolution or resolutions adopted by the board of directors creating such rights, options, or warrants" includes, but is not limited to, the existence of any condition or the occurrence of any event, including, without limitation, a determination or action by any person or body, including the corporation, its board of directors, or an officer, employee, or agent of the corporation. [1998 c 104 § 3; 1989 c 165 § 52.] 23B.06.250 23B.06.250 Certificates. (1) Shares may but need not be represented by certificates. Unless this title or another statute expressly provides otherwise, the rights and obligations of shareholders are identical whether or not their shares are represented by certificates. (2) At a minimum each share certificate must state on its face: (a) The name of the issuing corporation and that it is organized under the laws of this state; (b) The name of the person to whom issued; and (c) The number and class of shares and the designation of the series, if any, the certificate represents. (3) If the issuing corporation is authorized to issue different classes of shares or different series within a class, the designations, relative rights, preferences, and limitations applicable to each class and the variations in rights, preferences, and limitations determined for each series, and the authority of the board of directors to determine variations for future series, must be summarized on the front or back of each certificate. Alternatively, each certificate may state conspicuously on its front or back that the corporation will furnish the shareholder this information without charge on request in writing. (4) Each share certificate (a) must be signed, either manually or in facsimile, by two officers designated in the bylaws or by the board of directors and (b) may bear the corporate seal or its facsimile. (5) If the person who signed, either manually or in facsimile, a share certificate no longer holds office when the certificate is issued, the certificate is nevertheless valid. [1989 c 165 § 53.] [Title 23B RCW—page 17] 23B.06.260 Title 23B RCW: Washington Business Corporation Act 23B.06.260 Shares without certificates. (1) Unless the articles of incorporation or bylaws provide otherwise, the board of directors of a corporation may authorize the issue of some or all of the shares of any or all of its classes or series without certificates. The authorization does not affect shares already represented by certificates until they are surrendered to the corporation. (2) Within a reasonable time after the issue or transfer of shares without certificates, the corporation shall send the shareholder a record containing the information required on certificates by RCW 23B.06.250 (2) and (3), and, if applicable, RCW 23B.06.270. [2002 c 297 § 18; 1989 c 165 § 54.] 23B.06.260 23B.06.270 Restriction on transfer of shares and other securities. (1) The articles of incorporation, bylaws, an agreement among shareholders, or an agreement between shareholders and the corporation may impose restrictions on the transfer or registration of transfer of shares of the corporation. A restriction does not affect shares issued before the restriction was adopted unless the holders of the shares are parties to the restriction agreement or voted in favor of the restriction. (2) A restriction on the transfer or registration of transfer of shares is valid and enforceable against the holder or a transferee of the holder if the restriction is authorized by this section and its existence is noted conspicuously on the front or back of the certificate or is contained in the information statement required by RCW 23B.06.260(2). Unless so noted, a restriction is not enforceable against a person without knowledge of the restriction. (3) A restriction on the transfer or registration of transfer of shares is authorized: (a) To maintain the corporation’s status when it is dependent on the number or identity of its shareholders; (b) To preserve exemptions under federal or state securities law; or (c) For any other reasonable purpose. (4) A restriction on the transfer or registration of transfer of shares may: (a) Obligate the shareholder first to offer the corporation or other persons, separately, consecutively, or simultaneously, an opportunity to acquire the restricted shares; (b) Obligate the corporation or other persons, separately, consecutively, or simultaneously, to acquire the restricted shares; (c) Require the corporation, the holders of any class of its shares, or another person to approve the transfer of the restricted shares, if the requirement is not manifestly unreasonable; or (d) Prohibit the transfer of the restricted shares to designated persons or classes of persons, if the prohibition is not manifestly unreasonable. (5) For purposes of this section, "shares" includes a security convertible into or carrying a right to subscribe for or acquire shares. [1989 c 165 § 55.] 23B.06.270 23B.06.280 Expense of issue. A corporation may pay the expenses of selling or underwriting its shares, and of organizing or reorganizing the corporation, from the consideration received for shares. [1989 c 165 § 56.] 23B.06.280 [Title 23B RCW—page 18] 23B.06.300 Shareholders’ preemptive rights. (1) Unless the articles of incorporation provide otherwise, and subject to the limitations in subsections (3) and (4) of this section, the shareholders of a corporation have a preemptive right, granted on uniform terms and conditions prescribed by the board of directors to provide a fair and reasonable opportunity to exercise the right, to acquire proportional amounts of the corporation’s unissued shares upon the decision of the board of directors to issue them. (2) Unless the articles of incorporation provide otherwise, a shareholder may waive the shareholder’s preemptive right. A waiver evidenced by an executed record is irrevocable even though it is not supported by consideration. (3) Unless the articles of incorporation provide otherwise, there is no preemptive right with respect to: (a) Shares issued as compensation to directors, officers, agents, or employees of the corporation, or its subsidiaries or affiliates; (b) Shares issued to satisfy conversion or option rights created to provide compensation to directors, officers, agents, or employees of the corporation, or its subsidiaries or affiliates; (c) Shares issued pursuant to the corporation’s initial plan of financing; and (d) Shares sold otherwise than for money. (4) Unless the articles of incorporation provide otherwise: (a) Holders of shares of any class without general voting rights but with preferential rights to distributions or assets have no preemptive rights with respect to shares of any class; and (b) Holders of shares of any class with general voting rights but without preferential rights to distributions or assets have no preemptive rights with respect to shares of any class with preferential rights to distributions or assets unless the shares with preferential rights are convertible into or carry a right to subscribe for or acquire shares without preferential rights. (5) Unless the articles of incorporation provide otherwise, shares subject to preemptive rights that are not acquired by shareholders may be issued to any person for a period of one year after being offered to shareholders at a consideration set by the board of directors that is not lower than the consideration set for the exercise of preemptive rights. An offer at a lower consideration or after the expiration of one year is subject to the shareholders’ preemptive rights. (6) For purposes of this section, "shares" includes a security convertible into or carrying a right to subscribe for or acquire shares. [2002 c 297 § 19; 1989 c 165 § 57.] 23B.06.300 23B.06.310 Corporation’s acquisition of its own shares. (1) A corporation may acquire its own shares and shares so acquired constitute authorized but unissued shares. (2) If the articles of incorporation prohibit the reissue of acquired shares, the number of authorized shares is reduced by the number of shares acquired, effective upon amendment of the articles of incorporation. (3) The board of directors may adopt articles of amendment under this section without shareholder action and deliver them to the secretary of state for filing. The articles must set forth: 23B.06.310 (2008 Ed.) Shareholders (a) The name of the corporation; (b) The reduction in the number of authorized shares, itemized by class and series; and (c) The total number of authorized shares, itemized by class and series, remaining after reduction of the shares. [1989 c 165 § 58.] 23B.06.400 Distributions to shareholders. (1) A board of directors may authorize and the corporation may make distributions to its shareholders subject to restriction by the articles of incorporation and the limitation in subsection (2) of this section. (2) No distribution may be made if, after giving it effect: (a) The corporation would not be able to pay its liabilities as they become due in the usual course of business; or (b) The corporation’s total assets would be less than the sum of its total liabilities plus, unless the articles of incorporation permit otherwise, the amount that would be needed, if the corporation were to be dissolved at the time of the distribution, to satisfy the preferential rights upon dissolution of shareholders whose preferential rights are superior to those receiving the distribution. (3) For purposes of determinations under subsection (2) of this section: (a) The board of directors may base a determination that a distribution is not prohibited under subsection (2) of this section either on financial statements prepared on the basis of accounting practices and principles that are reasonable in the circumstances or on a fair valuation or other method that is reasonable in the circumstances; and (b) Indebtedness of a corporation, including indebtedness issued as a distribution, is not considered a liability if its terms provide that payment of principal and interest are made only if and to the extent that payment of a distribution to shareholders could then be made under this section. (4) The effect of a distribution under subsection (2) of this section is measured: (a) In the case of a distribution of indebtedness, the terms of which provide that payment of principal and interest are made only if and to the extent that payment of a distribution to shareholders could then be made under this section, each payment of principal or interest is treated as a distribution, the effect of which is measured on the date the payment is actually made; or (b) In the case of any other distribution: (i) If the distribution is by purchase, redemption, or other acquisition of the corporation’s shares, the effect of the distribution is measured as of the earlier of the date any money or other property is transferred or debt incurred by the corporation, or the date the shareholder ceases to be a shareholder with respect to the acquired shares; (ii) If the distribution is of indebtedness other than that described in subsection (4) (a) and (b)(i) of this section, the effect of the distribution is measured as of the date the indebtedness is distributed; and (iii) In all other cases, the effect of the distribution is measured as of the date the distribution is authorized if payment occurs within one hundred twenty days after the date of authorization, or the date the payment is made if it occurs more than one hundred twenty days after the date of authorization. 23B.06.400 (2008 Ed.) 23B.07.010 (5) A corporation’s indebtedness to a shareholder incurred by reason of a distribution made in accordance with this section is at parity with the corporation’s indebtedness to its general, unsecured creditors except to the extent provided otherwise by agreement. (6) In circumstances to which this section and related sections of this title are applicable, such provisions supersede the applicability of any other statutes of this state with respect to the legality of distributions. (7) A transfer of the assets of a dissolved corporation to a trust or other successor entity of the type described in RCW 23B.14.030(4) constitutes a distribution subject to subsection (2) of this section only when and to the extent that the trust or successor entity distributes assets to shareholders. [2006 c 52 § 2; 1990 c 178 § 10; 1989 c 165 § 59.] Effective date—1990 c 178: See note following RCW 23B.01.220. Chapter 23B.07 Chapter 23B.07 RCW SHAREHOLDERS Sections 23B.07.010 23B.07.020 23B.07.030 23B.07.035 23B.07.040 23B.07.050 23B.07.060 23B.07.070 23B.07.080 23B.07.200 23B.07.210 23B.07.220 23B.07.230 23B.07.240 23B.07.250 23B.07.260 23B.07.270 23B.07.280 23B.07.300 23B.07.310 23B.07.320 23B.07.400 Annual meeting. Special meeting. Court-ordered meeting. Inspectors to act at meetings—Appointment—Duties—Certain corporations. Action without meeting. Notice of meeting. Waiver of notice. Record date. Shareholder participation by means of communication equipment. Shareholders’ list for meeting. Voting entitlement of shares. Proxies. Shares held by nominees. Corporation’s acceptance of votes. Quorum and voting requirements. Action by single and multiple voting groups. Greater or lesser quorum or voting requirements. Voting for directors—Cumulative voting. Voting trusts. Voting agreements. Agreements among shareholders—Acquisition of shares after agreement. Derivative proceedings procedure. 23B.07.010 Annual meeting. (1) Except as provided in subsections (2) and (5) of this section, a corporation shall hold a meeting of shareholders annually for the election of directors at a time stated in or fixed in accordance with the bylaws. (2)(a) If the articles of incorporation or the bylaws of a corporation registered as an investment company under the investment company act of 1940 so provide, the corporation is not required to hold an annual meeting of shareholders in any year in which the election of directors is not required by the investment company act of 1940. (b) If a corporation is required under (a) of this subsection to hold an annual meeting of shareholders to elect directors, the meeting shall be held no later than one hundred twenty days after the occurrence of the event requiring the meeting. (3) Annual shareholders’ meetings may be held in or out of this state at the place stated in or fixed in accordance with the bylaws. If no place is stated in or fixed in accordance with 23B.07.010 [Title 23B RCW—page 19] 23B.07.020 Title 23B RCW: Washington Business Corporation Act the bylaws, annual meetings shall be held at the corporation’s principal office. (4) The failure to hold an annual meeting at the time stated in or fixed in accordance with a corporation’s bylaws does not affect the validity of any corporate action. (5) Shareholders may act by consent set forth in a record to elect directors as permitted by RCW 23B.07.040 in lieu of holding an annual meeting. [2002 c 297 § 20; 1994 c 256 § 28; 1989 c 165 § 60.] Findings—Construction—1994 c 256: See RCW 43.320.007. 23B.07.020 Special meeting. (1) A corporation shall hold a special meeting of shareholders: (a) On call of its board of directors or the person or persons authorized to do so by the articles of incorporation or bylaws; or (b) Except as set forth in subsections (2) and (3) of this section, if the holders of at least ten percent of all the votes entitled to be cast on any issue proposed to be considered at the proposed special meeting deliver to the corporation’s secretary one or more demands set forth in an executed and dated record for the meeting describing the purpose or purposes for which it is to be held, which demands shall be set forth either (i) in an executed record or (ii) if the corporation has designated an address, location, or system to which the demands may be electronically transmitted and the demands are electronically transmitted to that designated address, location, or system, in an executed electronically transmitted record. (2) The right of shareholders of a public company to call a special meeting may be limited or denied to the extent provided in the articles of incorporation. (3) If the corporation is other than a public company, the articles or bylaws may require the demand specified in subsection (1)(b) of this section be made by a greater percentage, not in excess of twenty-five percent, of all the votes entitled to be cast on any issue proposed to be considered at the proposed special meeting. (4) If not otherwise fixed under RCW 23B.07.030 or 23B.07.070, the record date for determining shareholders entitled to demand a special meeting is the date of delivery of the first shareholder demand in compliance with subsection (1) of this section. (5) Special shareholders’ meetings may be held in or out of this state at the place stated in or fixed in accordance with the bylaws. If no place is stated or fixed in accordance with the bylaws, special meetings shall be held at the corporation’s principal office. (6) Only business within the purpose or purposes described in the meeting no tice r equired by RCW 23B.07.050(3) may be conducted at a special shareholders’ meeting. [2002 c 297 § 21; 1989 c 165 § 61.] 23B.07.020 23B.07.030 Court-ordered meeting. (1) The superior court of the county in which the corporation’s registered office is located may, after notice to the corporation, summarily order a meeting to be held: (a) On application of any shareholder of the corporation entitled to vote in the election of directors at an annual meeting, if an annual meeting was not held within the earlier of six 23B.07.030 [Title 23B RCW—page 20] months after the end of the corporation’s fiscal year or fifteen months after its last annual meeting or action by consent in lieu of such a meeting; or (b) On application of a shareholder who executed a demand for a special meeting valid under RCW 23B.07.020, if: (i) Notice of the special meeting was not given within thirty days after the date the demand was delivered to the corporation’s secretary; or (ii) The special meeting was not held in accordance with the notice. (2) The court may, after notice to the corporation, fix the time and place of the meeting, determine the shares and shareholders entitled to participate in the meeting, specify a record date for determining shareholders entitled to notice of and to vote at the meeting, prescribe the manner, form, and content of the meeting notice, fix the quorum required for specific matters to be considered at the meeting, or direct that the votes represented at the meeting constitute a quorum for action on those matters, and enter other orders necessary to accomplish the purpose or purposes of the meeting. [2002 c 297 § 22; 1989 c 165 § 62.] 23B.07.035 Inspectors to act at meetings—Appointment—Duties—Certain corporations. (1) A corporation having any shares listed on a national securities exchange or regularly traded in a market maintained by one or more members of a national or affiliated securities association shall, and any other corporation may, appoint one or more inspectors to act at a meeting of shareholders and make a written report of the inspectors’ determinations. Each inspector shall take and sign an oath faithfully to execute the duties of inspector with strict impartiality and according to the best of the inspector’s ability. (2) The inspectors shall: (a) Ascertain the number of shares outstanding and the voting power of each; (b) Determine the shares represented at a meeting; (c) Determine the validity of proxies and ballots; (d) Count all votes; and (e) Determine the result. (3) An inspector may be an officer or employee of the corporation. (4) If no challenge of a determination by the inspectors is timely made, such determination is conclusive. Challenge of any determination by the inspectors may be made in a court of competent jurisdiction. [2007 c 467 § 6.] 23B.07.035 23B.07.040 Action without meeting. (1)(a) Action required or permitted by this title to be taken at a shareholders’ meeting may be taken without a meeting or a vote if either: (i) The action is taken by all shareholders entitled to vote on the action; or (ii) The action is taken by shareholders holding of record or otherwise entitled to vote in the aggregate not less than the minimum number of votes that would be necessary to authorize or take such action at a meeting at which all shares entitled to vote on the action were present and voted, and at the time the action is taken the corporation is not a public com23B.07.040 (2008 Ed.) Shareholders pany and is authorized to take such action under this subsection (1)(a)(ii) by a general or limited authorization contained in its articles of incorporation. (b) The taking of action by shareholders without a meeting or vote must be evidenced by one or more consents, each in the form of a record describing the action taken, executed by shareholders holding of record or otherwise entitled to vote in the aggregate not less than the minimum number of votes necessary in order to take such action by consent under (a)(i) or (ii) of this subsection, and delivered to the corporation for inclusion in the minutes or filing with the corporate records, which consent shall be set forth either (i) in an executed record or (ii) if the corporation has designated an address, location, or system to which the consent may be electronically transmitted and the consent is electronically transmitted to the designated address, location, or system, in an executed electronically transmitted record. (2) If not otherwise fixed under RCW 23B.07.030 or 23B.07.070, the record date for determining shareholders entitled to take action without a meeting is the date on which the first shareholder consent is executed under subsection (1) of this section. Every consent shall bear the date of execution of each shareholder who executes the consent. A consent is not effective to take the action referred to in the consent unless, within sixty days of the earliest dated consent delivered to the corporation, consents executed by a sufficient number of shareholders to take action are delivered to the corporation. (3) A shareholder may withdraw consent only by delivering a notice of withdrawal in the form of a record to the corporation prior to the time when consents sufficient to authorize taking the action have been delivered to the corporation. (4) Unless the shareholder consent specifies a later effective date, action taken under this section is effective when: (a) Consents sufficient to authorize taking the action have been delivered to the corporation; and (b) the period of advance notice required by the corporation’s articles of incorporation to be given to any nonconsenting shareholders has been satisfied. (5) A consent executed under this section has the effect of a meeting vote and may be described as such in any record, except that, if the action requires the filing of a certificate under any other section of this title, the certificate so filed shall state, in lieu of any statement required by that section concerning any vote of shareholders, that consent has been obtained in accordance with this section and that notice to any nonconsenting shareholders has been given as provided in this section. (6) Notice of the taking of action by shareholders without a meeting by less than unanimous consent of all shareholders entitled to vote on the action shall be given, before the date on which the action becomes effective, to those shareholders entitled to vote on the action who have not consented and, if this title would otherwise require that notice of a meeting of shareholders to consider the action be given to nonvoting shareholders, to all nonvoting shareholders of the corporation. The general or limited authorization in the corporation’s articles of incorporation authorizing shareholder action by less than unanimous consent shall specify the amount and form of notice required to be given to nonconsenting shareholders before the effective date of the action. In (2008 Ed.) 23B.07.060 the case of action of a type that would constitute a significant business transaction under RCW 23B.19.020(15), the notice shall be given no fewer than twenty days before the effective date of the action. The notice shall be in the form of a record and shall contain or be accompanied by the same material that, under this title, would have been required to be delivered to nonconsenting or nonvoting shareholders in a notice of meeting at which the proposed action would have been submitted for shareholder action. If the action taken is of a type that would entitle shareholders to exercise dissenters’ rights under RCW 23B.13.020(1), then the notice must comply with RCW 23B.13.220(2), RCW 23B.13.210 shall not apply, and all shareholders who have not executed the consent taking the action are entitled to receive the notice, demand payment under RCW 23B.13.230, and assert other dissenters’ rights as prescribed in chapter 23B.13 RCW. [2002 c 297 § 23; 1997 c 19 § 2; 1991 c 72 § 33; 1989 c 165 § 63.] 23B.07.050 Notice of meeting. (1) A corporation shall notify shareholders of the date, time, and place of each annual and special shareholders’ meeting. Such notice shall be given no fewer than ten nor more than sixty days before the meeting date, except that notice of a shareholders’ meeting to act on an amendment to the articles of incorporation, a plan of merger or share exchange, a proposed sale of assets pursuant to RCW 23B.12.020, or the dissolution of the corporation shall be given no fewer than twenty nor more than sixty days before the meeting date. Unless this title or the articles of incorporation require otherwise, the corporation is required to give notice only to shareholders entitled to vote at the meeting. (2) Unless this title or the articles of incorporation require otherwise, notice of an annual meeting need not include a description of the purpose or purposes for which the meeting is called. (3) Notice of a special meeting must include a description of the purpose or purposes for which the meeting is called. (4) Unless the bylaws require otherwise, if an annual or special shareholders’ meeting is adjourned to a different date, time, or place, notice need not be given of the new date, time, or place if the new date, time, or place is announced at the meeting before adjournment. If a new record date for the adjourned meeting is or must be fixed under RCW 23B.07.070, however, notice of the adjourned meeting must be given under this section to persons who are shareholders as of the new record date. [1989 c 165 § 64.] 23B.07.050 23B.07.060 Waiver of notice. (1) A shareholder may waive any notice required by this title, the articles of incorporation, or bylaws before or after the date and time of the meeting that is the subject of such notice, or in the case of notice required by RCW 23B.07.040(6), before or after the action to be taken by executed consent is effective. Except as provided by subsections (2) and (3) of this section, the waiver must be delivered by the shareholder entitled to notice to the corporation for inclusion in the minutes or filing with the corporate records, which waiver shall be set forth either (a) in an executed and dated record or (b) if the corporation has designated an address, location, or system to which the waiver may 23B.07.060 [Title 23B RCW—page 21] 23B.07.070 Title 23B RCW: Washington Business Corporation Act be electronically transmitted and the waiver is electronically transmitted to the designated address, location, or system, in an executed and dated electronically transmitted record. (2) A shareholder’s attendance at a meeting waives objection to lack of notice or defective notice of the meeting, unless the shareholder at the beginning of the meeting objects to holding the meeting or transacting business at the meeting. (3) A shareholder waives objection to consideration of a particular matter at a meeting that is not within the purpose or purposes described in the meeting notice, unless the shareholder objects to considering the matter when it is presented. [2002 c 297 § 24; 1991 c 72 § 34; 1989 c 165 § 65.] 23B.07.070 Record date. (1) The bylaws may fix or provide the manner of fixing the record date for one or more voting groups in order to determine the shareholders entitled to notice of a shareholders’ meeting, to demand a special meeting, to vote, or to take any other action. If the bylaws do not fix or provide for fixing a record date, the board of directors of the corporation may fix a future date as the record date. (2) If not otherwise fixed under subsection (1) of this section or RCW 23B.07.030, the record date for determining shareholders entitled to notice of and to vote at an annual or special shareholders’ meeting is the day before the first notice is delivered to shareholders. (3) If the board of directors does not fix the record date for determining shareholders entitled to a share dividend, it is the date the board of directors authorizes the share dividend. (4) If the board of directors does not fix the record date for determining shareholders entitled to a distribution, other than one involving a purchase, redemption, or other acquisition of the corporation’s shares, it is the date the board of directors authorizes the distribution. (5) A record date fixed under this section may not be more than seventy days before the meeting or action requiring a determination of shareholders. (6) A determination of shareholders entitled to notice of or to vote at a shareholders’ meeting is effective for any adjournment of the meeting unless the board of directors fixes a new record date, which it must do if the meeting is adjourned to a date more than one hundred twenty days after the date fixed for the original meeting. (7) If a court orders a meeting adjourned to a date more than one hundred twenty days after the date fixed for the original meeting, it may provide that the original record date continues in effect or it may fix a new record date. [1989 c 165 § 66.] 23B.07.070 23B.07.080 Shareholder participation by means of communication equipment. If the articles of incorporation or bylaws so provide, shareholders may participate in any meeting of shareholders by any means of communication by which all persons participating in the meeting can hear each other during the meeting. A shareholder participating in a meeting by this means is deemed to be present in person at the meeting. [1989 c 165 § 67.] an alphabetical list of the names of all its shareholders on the record date who are entitled to notice of a shareholders’ meeting. The list must be arranged by voting group, and within each voting group by class or series of shares, and show the address of and number of shares held by each shareholder. (2) The shareholders’ list must be available for inspection by any shareholder, beginning ten days prior to the meeting and continuing through the meeting, at the corporation’s principal office or at a place identified in the meeting notice in the city where the meeting will be held. A shareholder, the shareholder’s agent, or the shareholder’s attorney is entitled to inspect the list, during regular business hours and at the shareholder’s expense, during the period it is available for inspection. (3) The corporation shall make the shareholders’ list available at the meeting, and any shareholder, the shareholder’s agent, or the shareholder’s attorney is entitled to inspect the list at any time during the meeting or any adjournment. (4) If the corporation refuses to allow a shareholder, the shareholder’s agent, or the shareholder’s attorney to inspect the shareholders’ list before or at the meeting, the superior court of the county where a corporation’s principal office, or, if none in this state, its registered office, is located, on application of the shareholder, may summarily order the inspection at the corporation’s expense and may postpone the meeting for which the list was prepared until the inspection is complete. (5) A shareholder’s right to copy the shareholders’ list, and a shareholder’s right to otherwise inspect and copy the record of shareholders, is governed by RCW 23B.16.020(3). (6) Refusal or failure to prepare or make available the shareholders’ list does not affect the validity of action taken at the meeting. [1989 c 165 § 68.] 23B.07.210 Voting entitlement of shares. (1) Except as provided in subsections (2) and (3) of this section or unless the articles of incorporation provide otherwise, each outstanding share, regardless of class, is entitled to one vote on each matter voted on at a shareholders’ meeting. Only shares are entitled to vote. (2) The shares of a corporation are not entitled to vote if they are owned, directly or indirectly, by a second corporation, domestic or foreign, and the first corporation owns, directly or indirectly, a majority of the shares entitled to vote for directors of the second corporation. (3) Subsection (2) of this section does not limit the power of a corporation to vote any shares, including its own shares, held by it in a fiduciary capacity. [1989 c 165 § 69.] 23B.07.210 23B.07.080 23B.07.200 Shareholders’ list for meeting. (1) After fixing a record date for a meeting, a corporation shall prepare 23B.07.200 [Title 23B RCW—page 22] 23B.07.220 Proxies. (1) A shareholder may vote the shareholder’s shares in person or by proxy. (2) A shareholder or the shareholder’s agent or attorneyin-fact may appoint a proxy to vote or otherwise act for the shareholder by: (a) Executing a writing authorizing another person or persons to act for the shareholder as proxy. Execution may be accomplished by the shareholder or the shareholder’s authorized officer, director, employee, or agent signing the writing or causing his or her signature to be affixed to the writing by 23B.07.220 (2008 Ed.) Shareholders any reasonable means including, but not limited to, by facsimile signature; or (b) Authorizing another person or persons to act for the shareholder as proxy by transmitting or authorizing the transmission of a recorded telephone call, voice mail, or other electronic transmission to the person who will be the holder of the proxy or to a proxy solicitation firm, proxy support service organization, or like agent duly authorized by the person who will be the holder of the proxy to receive the transmission, provided that the transmission must either set forth or be submitted with information, including any security or validation controls used, from which it can reasonably be determined that the transmission was authorized by the shareholder. If it is determined that the transmission is valid, the inspectors of election or, if there are no inspectors, any officer or agent of the corporation making that determination on behalf of the corporation shall specify the information upon which they relied. The corporation shall require the holders of proxies received by transmission to provide to the corporation copies of the transmission and the corporation shall retain copies of the transmission for a reasonable period of time after the election provided that they are retained for at least sixty days. (3) An appointment of a proxy is effective when a signed appointment form or telegram, cablegram, recorded telephone call, voice mail, or other transmission of the appointment is received by the inspectors of election or the officer or agent of the corporation authorized to tabulate votes. An appointment is valid for eleven months unless a longer period is expressly provided in the appointment. (4) An appointment of a proxy is revocable by the shareholder unless the appointment indicates that it is irrevocable and the appointment is coupled with an interest. Appointments coupled with an interest include the appointment of: (a) A pledgee; (b) A person who purchased or agreed to purchase the shares; (c) A creditor of the corporation who extended it credit under terms requiring the appointment; (d) An employee of the corporation whose employment contract requires the appointment; or (e) A party to a voting agreement created under RCW 23B.07.310. (5) The death or incapacity of the shareholder appointing a proxy does not affect the right of the corporation to accept the proxy’s authority unless notice of the death or incapacity is received by the officer or agent of the corporation authorized to tabulate votes before the proxy exercises the proxy’s authority under the appointment. (6) An appointment made irrevocable under subsection (4) of this section is revoked when the interest with which it is coupled is extinguished. (7) A transferee for value of shares subject to an irrevocable appointment may revoke the appointment if the transferee did not know of its existence when the transferee acquired the shares and the existence of the irrevocable appointment was not noted conspicuously on the certificate representing the shares or on the information statement for shares without certificates. (8) Subject to RCW 23B.07.240 and to any express limitation on the proxy’s authority stated in the appointment (2008 Ed.) 23B.07.240 form or recorded telephone call, voice mail, or other electronic transmission, a corporation is entitled to accept the proxy’s vote or other action as that of the shareholder making the appointment. (9) For the purposes of this section only, "sign" or "signature" includes any manual, facsimile, conformed, or electronic signature. [2002 c 297 § 25; 2000 c 168 § 2; 1989 c 165 § 70.] 23B.07.230 Shares held by nominees. (1) A corporation may establish a procedure by which the beneficial owner of shares that are registered in the name of a nominee is recognized by the corporation as the shareholder. The extent of this recognition may be determined in the procedure. (2) The procedure may set forth: (a) The types of nominees to which it applies; (b) The rights or privileges that the corporation recognizes in a beneficial owner; (c) The manner in which the procedure is selected by the nominee; (d) The information that must be provided when the procedure is selected; (e) The period for which selection of the procedure is effective; and (f) Other aspects of the rights and duties created. [1989 c 165 § 71.] 23B.07.230 23B.07.240 Corporation’s acceptance of votes. (1) If the name executed on a vote, consent, waiver, or proxy appointment corresponds to the name of a shareholder, the corporation, if acting in good faith, is entitled to accept the vote, consent, waiver, or proxy appointment and give it effect as the act of the shareholder. (2) If the name executed on a vote, consent, waiver, or proxy appointment does not correspond to the name of its shareholder, the corporation, if acting in good faith, is nevertheless entitled to accept the vote, consent, waiver, or proxy appointment and give it effect as the act of the shareholder if: (a) The shareholder is an entity and the name executed purports to be that of an officer, partner, or agent of the entity; (b) The name executed purports to be that of an administrator, executor, guardian, or conservator representing the shareholder and, if the corporation requests, evidence of fiduciary status acceptable to the corporation has been presented with respect to the vote, consent, waiver, or proxy appointment; (c) The name executed purports to be that of a receiver or trustee in bankruptcy of the shareholder and, if the corporation requests, evidence of this status acceptable to the corporation has been presented with respect to the vote, consent, waiver, or proxy appointment; (d) The name executed purports to be that of a pledgee, beneficial owner, or attorney-in-fact of the shareholder and, if the corporation requests, evidence acceptable to the corporation of the signatory’s authority to sign for the shareholder has been presented with respect to the vote, consent, waiver, or proxy appointment; or (e) Two or more persons are the shareholder as cotenants or fiduciaries and the name executed purports to be the name 23B.07.240 [Title 23B RCW—page 23] 23B.07.250 Title 23B RCW: Washington Business Corporation Act of at least one of the coowners and the person signing appears to be acting on behalf of all the coowners. (3) The corporation is entitled to reject a vote, consent, waiver, or proxy appointment if the secretary or other officer or agent authorized to tabulate votes, acting in good faith, has reasonable basis for doubt about the validity of its execution. (4) The corporation and its officer or agent who accepts or rejects a vote, consent, waiver, or proxy appointment in good faith and in accordance with the standards of this section or RCW 23B.07.220(2) are not liable in damages to the shareholder for the consequences of the acceptance or rejection. (5) Corporate action based on the acceptance or rejection of a vote, consent, waiver, or proxy appointment under this section, or RCW 23B.07.220(2) is valid unless a court of competent jurisdiction determines otherwise. [2002 c 297 § 26; 2000 c 168 § 3; 1989 c 165 § 72.] 23B.07.250 Quorum and voting requirements. (1) Shares entitled to vote as a separate voting group may take action on a matter at a meeting only if a quorum of those shares exists with respect to that matter. Unless the articles of incorporation or this title provide otherwise, a majority of the votes entitled to be cast on the matter by the voting group constitutes a quorum of that voting group for action on that matter. (2) Once a share is represented for any purpose at a meeting other than solely to object to holding the meeting or transacting business at the meeting, it is deemed present for quorum purposes for the remainder of the meeting and for any adjournment of that meeting unless a new record date is or must be set for that adjourned meeting. (3) If a quorum exists, action on a matter, other than the election of directors, is approved by a voting group if the votes cast within the voting group favoring the action exceed the votes cast within the voting group opposing the action, unless the articles of incorporation or this title require a greater number of affirmative votes. (4) An amendment of articles of incorporation adding, changing, or deleting either (i) a quorum for a voting group greater or lesser than specified in subsection (1) of this section, or (ii) a voting requirement for a voting group greater than specified in subsection (3) of this section, is governed by RCW 23B.07.270. (5) The election of directors is governed by RCW 23B.07.280. [1989 c 165 § 73.] 23B.07.250 23B.07.260 Action by single and multiple voting groups. (1) If the articles of incorporation or this title provide for voting on a matter by all shares entitled to vote thereon, voting together as a single voting group and do not provide for separate voting by any other voting group or groups with respect to that matter, action on that matter is taken when voted upon by that single voting group as provided in RCW 23B.07.250. (2) If the articles of incorporation or this title provide for voting by two or more voting groups on a matter, action on that matter is taken only when voted upon by each of those voting groups as provided in RCW 23B.07.250. [2003 c 35 § 2; 1989 c 165 § 74.] 23B.07.260 [Title 23B RCW—page 24] 23B.07.270 Greater or lesser quorum or voting requirements. (1) The articles of incorporation may provide for a greater or lesser quorum, but not less than one-third of the votes entitled to be cast, for shareholders, or voting groups of shareholders, than is provided for by this title. (2) The articles of incorporation may provide for a greater voting requirement for shareholders, or voting groups of shareholders, than is provided for by this title. (3) Under RCW 23B.10.030, 23B.11.030, 23B.12.020, and 23B.14.020, the articles of incorporation may provide for a lesser vote than is otherwise prescribed in those sections or for a lesser vote by separate voting groups, so long as the vote provided for each voting group entitled to vote separately on the plan or transaction is not less than a majority of all the votes entitled to be cast on the plan or transaction by that voting group. (4) Except as provided in subsection (5) of this section, an amendment to the articles of incorporation that adds, changes, or deletes a greater or lesser quorum or voting requirement for a particular corporate action must meet the same quorum requirement and be adopted by the same vote and voting groups required to take action under the quorum and voting requirements then in effect for the corporate action. (5) An amendment to the articles of incorporation that adds, changes, or deletes a greater or lesser quorum or voting requirement for a merger, share exchange, sale of substantially all assets, or dissolution must be adopted by the same vote and voting groups required to take action under the quorum and voting requirements then in effect for the particular corporate action, or the quorum and voting requirements then in effect for amendments to articles of incorporation, whichever is greater. [1990 c 178 § 11; 1989 c 165 § 75.] 23B.07.270 Effective date—1990 c 178: See note following RCW 23B.01.220. 23B.07.280 Voting for directors—Cumulative voting. (1) Unless otherwise provided in the articles of incorporation, shareholders entitled to vote at any election of directors are entitled to cumulate votes by multiplying the number of votes they are entitled to cast by the number of directors for whom they are entitled to vote and to cast the product for a single candidate or distribute the product among two or more candidates. (2) Unless otherwise provided in the articles of incorporation, in any election of directors the candidates elected are those receiving the largest numbers of votes cast by the shares entitled to vote in the election, up to the number of directors to be elected by such shares. [1989 c 165 § 76.] 23B.07.280 23B.07.300 Voting trusts. (1) One or more shareholders may create a voting trust, conferring on a trustee the right to vote or otherwise act for them, by signing an agreement setting out the provisions of the trust, which may include anything consistent with its purpose, and transferring their shares to the trustee. When a voting trust agreement is signed, the trustee shall prepare a list of the names and addresses of all owners of beneficial interests in the trust, together with the number and class of shares each owner of a beneficial interest transferred to the trust, and deliver copies of the list and agreement to the corporation’s principal office. 23B.07.300 (2008 Ed.) Shareholders (2) A voting trust becomes effective on the date the first shares subject to the trust are registered in the trustee’s name. A voting trust is valid for not more than ten years after its effective date unless extended under subsection (3) of this section. (3) All or some of the parties to a voting trust may extend it for additional terms of not more than ten years each by signing an extension agreement and obtaining the voting trustee’s written consent to the extension. An extension is valid only until the earlier of ten years from the date the first shareholder signs the extension agreement or the date of expiration of the extension. The voting trustee must deliver copies of the extension agreement and list of beneficial owners to the corporation’s principal office. An extension agreement binds only those parties signing it. [1989 c 165 § 77.] 23B.07.310 Voting agreements. (1) Two or more shareholders may provide for the manner in which they will vote their shares by signing an agreement for that purpose. A voting agreement created under this section is not subject to the provisions of RCW 23B.07.300. (2) A voting agreement created under this section is specifically enforceable. [1989 c 165 § 78.] 23B.07.310 23B.07.320 Agreements among shareholders— Acquisition of shares after agreement. (1) An agreement among the shareholders of a corporation that is not contrary to public policy and that complies with this section is effective among the shareholders and the corporation even though it is inconsistent with one or more other provisions of this title in that it: (a) Eliminates the board of directors or restricts the discretion or powers of the board of directors; (b) Governs the authorization or making of distributions whether or not in proportion to ownership of shares, subject to the limitations in RCW 23B.06.400; (c) Establishes who shall be directors or officers of the corporation, or their terms of office or manner of selection or removal; (d) Governs, in general or in regard to specific matters, the exercise or division of voting power by or between the shareholders and directors or by or among any of them, including use of weighted voting rights or director proxies; (e) Establishes the terms and conditions of any agreement for the transfer or use of property or the provision of services between the corporation and any shareholder, director, officer, or employee of the corporation or among any of them; (f) Transfers to one or more shareholders or other persons all or part of the authority to exercise the corporate powers or to manage the business and affairs of the corporation; (g) Provides a process by which a deadlock among directors or shareholders may be resolved; (h) Requires dissolution of the corporation at the request of one or more shareholders or upon the occurrence of a specified event or contingency; or (i) Otherwise governs the exercise of the corporate powers or the management of the business and affairs of the corporation or the relationship among the shareholders, the directors, and the corporation, or among any of them. 23B.07.320 (2008 Ed.) 23B.07.320 (2) An agreement authorized by this section shall be: (a) Set forth in a written agreement that is signed by all persons who are shareholders at the time of the agreement and is made known to the corporation; (b) Subject to amendment only by all persons who are shareholders at the time of the amendment, unless the agreement provides otherwise; and (c) Valid for ten years, unless the agreement provides otherwise. (3) The existence of an agreement authorized by this section shall be noted conspicuously on the front or back of each certificate for outstanding shares or on the information statement required by RCW 23B.06.260(2). If at the time of the agreement the corporation has shares outstanding represented by certificates, the corporation shall recall the outstanding certificates and issue substitute certificates that comply with this subsection. The failure to note the existence of the agreement on the certificate or information statement shall not affect the validity of the agreement or any action taken pursuant to it. Unless the agreement provides otherwise, any person who acquires outstanding or newly issued shares in the corporation after an agreement authorized by this section has been effected, whether by purchase, gift, operation of law, or otherwise, is deemed to have assented to the agreement and to be a party to the agreement. A purchaser of shares who is aggrieved because he or she at the time of purchase did not have actual or constructive knowledge of the existence of the agreement may either: (a) Bring an action to rescind the purchase within the earlier of ninety days after discovery of the existence of the agreement or two years after the purchase of the shares; or (b) continue to hold the shares subject to the agreement but with a right of action for any damages resulting from nondisclosure of the existence of the agreement. A purchaser shall be deemed to have constructive knowledge of the existence of the agreement if its existence is noted on the certificate or information statement for the shares in compliance with this subsection and, if the shares are not represented by a certificate, the information statement is delivered to the purchaser at or prior to the time of purchase of the shares. (4) An agreement authorized by this section shall cease to be effective when shares of the corporation are listed on a national securities exchange or regularly traded in a market maintained by one or more members of a national or affiliated securities association. (5) An agreement authorized by this section that limits the discretion or powers of the board of directors shall relieve the directors of, and impose upon the person or persons in whom such discretion or powers are vested, liability for acts or omissions imposed by law on directors to the extent that the discretion or powers of the directors are limited by the agreement. (6) The existence or performance of an agreement authorized by this section shall not be a ground for imposing personal liability on any shareholder for the acts or debts of the corporation even if the agreement or its performance treats the corporation as if it were a partnership or results in failure to observe the corporate formalities otherwise applicable to the matters governed by the agreement. (7) Incorporators or subscribers for shares may act as shareholders with respect to an agreement authorized by this [Title 23B RCW—page 25] 23B.07.400 Title 23B RCW: Washington Business Corporation Act section if no shares have been issued when the agreement is made. [1995 c 47 § 6; 1993 c 290 § 4.] 23B.07.400 Derivative proceedings procedure. (1) A person may not commence a proceeding in the right of a domestic or foreign corporation unless the person was a shareholder of the corporation when the transaction complained of occurred or unless the person became a shareholder through transfer by operation of law from one who was a shareholder at that time. (2) A complaint in a proceeding brought in the right of a corporation must be verified and allege with particularity the demand made, if any, to obtain action by the board of directors and either that the demand was refused or ignored or why a demand was not made. Whether or not a demand for action was made, if the corporation commences an investigation of the charges made in the demand or complaint, the court may stay any proceeding until the investigation is completed. (3) A proceeding commenced under this section may not be discontinued or settled without the court’s approval. If the court determines that a proposed discontinuance or settlement will substantially affect the interest of the corporation’s shareholders or a class of shareholders, the court shall direct that notice be given to the shareholders affected. (4) On termination of the proceeding the court may require the plaintiff to pay any defendant’s reasonable expenses, including counsel fees, incurred in defending the proceeding if it finds that the proceeding was commenced without reasonable cause. (5) For purposes of this section, "shareholder" includes a beneficial owner whose shares are held in a voting trust or held by a nominee on behalf of the beneficial owner. [1989 c 165 § 79.] 23B.07.400 Chapter 23B.08 Chapter 23B.08 RCW DIRECTORS AND OFFICERS Sections 23B.08.010 23B.08.020 23B.08.030 23B.08.040 23B.08.050 23B.08.060 23B.08.070 23B.08.080 23B.08.090 23B.08.100 23B.08.110 23B.08.200 23B.08.210 23B.08.220 23B.08.230 23B.08.240 23B.08.250 23B.08.300 23B.08.310 23B.08.320 23B.08.400 23B.08.410 23B.08.420 23B.08.430 23B.08.440 23B.08.500 23B.08.510 23B.08.520 23B.08.530 23B.08.540 23B.08.550 Requirement for and duties of board of directors. Qualifications of directors. Number and election of directors. Election of directors by certain classes or series of shares. Terms of directors—Generally. Staggered terms for directors. Resignation of directors. Removal of directors by shareholders. Removal of directors by judicial proceeding. Vacancy on board of directors. Compensation of directors. Meetings and action of the board. Action without meeting. Notice of meeting. Waiver of notice. Quorum and voting. Committees. General standards for directors. Liability for unlawful distributions. Limitation on liability of directors. Officers. Duties of officers. Standards of conduct for officers. Resignation and removal of officers. Contract rights of officers. Indemnification definitions. Authority to indemnify. Mandatory indemnification. Advance for expenses. Court-ordered indemnification. Determination and authorization of indemnification. [Title 23B RCW—page 26] 23B.08.560 Shareholder authorized indemnification and advancement of expenses. 23B.08.570 Indemnification of officers, employees, and agents. 23B.08.580 Insurance. 23B.08.590 Validity of indemnification or advance for expenses. 23B.08.600 Report to shareholders. 23B.08.700 Definitions. 23B.08.710 Judicial action. 23B.08.720 Directors’ action. 23B.08.730 Shareholders’ action. 23B.08.010 Requirement for and duties of board of directors. (1) Except as provided in subsection (3) of this section, each corporation must have a board of directors. (2) All corporate powers shall be exercised by or under the authority of, and the business and affairs of the corporation managed under the direction of, its board of directors, subject to any limitation set forth in the articles of incorporation. (3) A corporation may dispense with or limit the authority of its board of directors by describing in its articles of incorporation who will perform some or all of the duties of the board of directors. [1989 c 165 § 80.] 23B.08.010 23B.08.020 Qualifications of directors. The articles of incorporation or bylaws may prescribe qualifications for directors. A director need not be a resident of this state or a shareholder of the corporation unless the articles of incorporation or bylaws so prescribe. [1989 c 165 § 81.] 23B.08.020 23B.08.030 Number and election of directors. (1) A board of directors must consist of one or more individuals, with the number specified in or fixed in accordance with the articles of incorporation or bylaws. (2) Directors are elected at the first annual shareholders’ meeting and at each annual meeting thereafter unless (a) their terms are staggered under RCW 23B.08.060, or (b) their terms are otherwise governed by RCW 23B.05.050. Directors also may be elected by consent action under RCW 23B.07.040. [2007 c 467 § 1; 2002 c 297 § 27; 1994 c 256 § 29; 1989 c 165 § 82.] 23B.08.030 Findings—Construction—1994 c 256: See RCW 43.320.007. 23B.08.040 Election of directors by certain classes or series of shares. If the articles of incorporation authorize dividing the shares into classes or series, the articles may also authorize the election of all or a specified number of directors by the holders of one or more authorized classes or series of shares. A class, or classes, or series of shares entitled to elect one or more directors is a separate voting group for purposes of the election of directors. [1989 c 165 § 83.] 23B.08.040 23B.08.050 Terms of directors—Generally. (1) The terms of the initial directors of a corporation expire at the first shareholders’ meeting at which directors are elected. (2) The terms of all other directors expire at the next annual shareholders’ meeting following their election unless (a) their terms are staggered under RCW 23B.08.060 then at the applicable second or third annual shareholders’ meeting following their election; or (b) their terms are otherwise governed by RCW 23B.05.050, except to the extent (i) the terms are otherwise provided in a bylaw adopted pursuant to RCW 23B.10.205, or (ii) a shorter term is specified in the articles of 23B.08.050 (2008 Ed.) Directors and Officers incorporation in the event of a director nominee failing to receive a specified vote for election. (3) A decrease in the number of directors does not shorten an incumbent director’s term. (4) The term of a director elected to fill a vacancy expires at the next shareholders’ meeting at which directors are elected. (5) Except to the extent otherwise provided in the articles of incorporation or pursuant to RCW 23B.10.205, if a bylaw electing to be governed by that section is in effect, despite the expiration of a director’s term, the director continues to serve until the director’s successor is elected and qualified or there is a decrease in the number of directors. [2007 c 467 § 2; 1994 c 256 § 30; 1989 c 165 § 84.] Findings—Construction—1994 c 256: See RCW 43.320.007. 23B.08.060 Staggered terms for directors. (1) The articles of incorporation may provide for staggering the terms of directors by dividing the total number of directors into two or three groups, with each group containing one-half or onethird of the total, as near as may be. In that event, the terms of directors in the first group expire at the first annual shareholders’ meeting after their election, the terms of the second group expire at the second annual shareholders’ meeting after their election, and the terms of the third group, if any, expire at the third annual shareholders’ meeting after their election. At each annual shareholders’ meeting held thereafter, directors shall be chosen for a term of two years or three years, as the case may be, to succeed those whose terms expire. (2) If cumulative voting is authorized, any provision establishing staggered terms of directors shall provide that at least three directors shall be elected at each annual shareholders’ meeting. [1989 c 165 § 85.] 23B.08.060 23B.08.070 Resignation of directors. (1) A director may resign at any time by delivering notice in the form of an executed resignation to the board of directors, its chairperson, the president, or the secretary of the corporation. (2) A notice of resignation is effective when the resignation is delivered unless the resignation specifies a later effective date, or an effective date determined upon the happening of an event or events. A notice of resignation that is conditioned upon failing to receive a specified vote for election as a director may provide that it is irrevocable. [2007 c 467 § 3; 2002 c 297 § 28; 1989 c 165 § 86.] 23B.08.070 23B.08.200 tor exceeds the number of votes cast not to remove the director. (4) A director may be removed by the shareholders only at a special meeting called for the purpose of removing the director and the meeting notice must state that the purpose, or one of the purposes, of the meeting is removal of the director. [1995 c 47 § 7; 1989 c 165 § 87.] 23B.08.090 Removal of directors by judicial proceeding. (1) The superior court of the county where a corporation’s principal office, or, if none in this state, its registered office, is located may remove a director of the corporation from office in a proceeding commenced either by the corporation or by its shareholders holding at least ten percent of the outstanding shares of any class if the court finds that (a) the director engaged in fraudulent or dishonest conduct with respect to the corporation, and (b) removal is in the best interest of the corporation. (2) The court that removes a director may bar the director from reelection for a period prescribed by the court. (3) If shareholders commence a proceeding under subsection (1) of this section, they shall make the corporation a party defendant. [1989 c 165 § 88.] 23B.08.090 23B.08.100 Vacancy on board of directors. (1) Unless the articles of incorporation provide otherwise, if a vacancy occurs on a board of directors, including a vacancy resulting from an increase in the number of directors: (a) The shareholders may fill the vacancy; (b) The board of directors may fill the vacancy; or (c) If the directors in office constitute fewer than a quorum of the board, they may fill the vacancy by the affirmative vote of a majority of all the directors in office. (2) If the vacant office was held by a director elected by a voting group of shareholders, only the holders of shares of that voting group are entitled to vote to fill the vacancy, if it is filled by the shareholders, and only the directors elected by that voting group are entitled to fill the vacancy if it is filled by the directors. (3) A vacancy that will occur at a specific later date, by reason of a resignation effective at a later date under RCW 23B.08.070(2) or otherwise, may be filled before the vacancy occurs but the new director may not take office until the vacancy occurs. [2007 c 467 § 4; 1989 c 165 § 89.] 23B.08.100 23B.08.110 Compensation of directors. Unless the articles of incorporation or bylaws provide otherwise, the board of directors may fix the compensation of directors. [1989 c 165 § 90.] 23B.08.110 23B.08.080 Removal of directors by shareholders. (1) The shareholders may remove one or more directors with or without cause unless the articles of incorporation provide that directors may be removed only for cause. (2) If a director is elected by holders of one or more authorized classes or series of shares, only the holders of those classes or series of shares may participate in the vote to remove the director. (3) If cumulative voting is authorized, and if less than the entire board is to be removed, no director may be removed if the number of votes sufficient to elect the director under cumulative voting is voted against the director’s removal. If cumulative voting is not authorized, a director may be removed only if the number of votes cast to remove the direc23B.08.080 (2008 Ed.) 23B.08.200 Meetings and action of the board. (1) The board of directors may hold regular or special meetings in or out of this state. (2) Unless the articles of incorporation or bylaws provide otherwise, any or all directors may participate in a regular or special meeting by, or conduct the meeting through the use of, any means of communication by which all directors participating can hear each other during the meeting. A director participating in a meeting by this means is deemed to be present in person at the meeting. [1989 c 165 § 91.] 23B.08.200 [Title 23B RCW—page 27] 23B.08.210 Title 23B RCW: Washington Business Corporation Act 23B.08.210 Action without meeting. (1) Unless the articles of incorporation or bylaws provide otherwise, action required or permitted by this title to be taken at a board of directors’ meeting may be taken without a meeting if the action is taken by all members of the board. The action must be evidenced by one or more consents describing the action taken, executed by each director either before or after the action taken, and delivered to the corporation for inclusion in the minutes or filing with the corporate records, each of which consents shall be set forth either (a) in an executed record or (b) if the corporation has designated an address, location, or system to which the consents may be electronically transmitted and the consent is electronically transmitted to the designated address, location, or system, in an executed electronically transmitted record. (2) Action taken under this section is effective when the last director executes the consent, unless the consent specifies a later effective date. (3) A consent under this section has the effect of a meeting vote and may be described as such in any record. [2002 c 297 § 29; 1989 c 165 § 92.] (2) Notwithstanding subsection (1) of this section, a quorum of a board of directors may in no event be less than onethird of the number of directors specified in or fixed in accordance with the articles of incorporation or bylaws. (3) If a quorum is present when a vote is taken, the affirmative vote of a majority of directors present is the act of the board of directors unless the articles of incorporation or bylaws require the vote of a greater number of directors. (4) A director who is present at a meeting of the board of directors when action is taken is deemed to have assented to the action taken unless: (a) The director objects at the beginning of the meeting, or promptly upon the director’s arrival, to holding it or transacting business at the meeting; (b) the director’s dissent or abstention from the action taken is entered in the minutes of the meeting; or (c) the director delivers notice of the director’s dissent or abstention to the presiding officer of the meeting before its adjournment or to the corporation within a reasonable time after adjournment of the meeting. The right of dissent or abstention is not available to a director who votes in favor of the action taken. [2002 c 297 § 31; 1991 c 72 § 35; 1989 c 165 § 95.] 23B.08.220 Notice of meeting. (1) Unless the articles of incorporation or bylaws provide otherwise, regular meetings of the board of directors may be held without notice of the date, time, place, or purpose of the meeting. (2) Unless the articles of incorporation or bylaws provide for a longer or shorter period, special meetings of the board of directors must be preceded by at least two days’ notice of the date, time, and place of the meeting. The notice need not describe the purpose of the special meeting unless required by the articles of incorporation or bylaws. [1989 c 165 § 93.] 23B.08.250 Committees. (1) Unless the articles of incorporation or bylaws provide otherwise, a board of directors may create one or more committees of directors. Each committee must have two or more members, who serve at the pleasure of the board of directors. (2) The creation of a committee and appointment of members to it must be approved by the greater of (a) a majority of all the directors in office when the action is taken or (b) the number of directors required by the articles of incorporation or bylaws to take action under RCW 23B.08.240. (3) RCW 23B.08.200 through 23B.08.240, which govern meetings, action without meetings, notice and waiver of notice, and quorum and voting requirements of the board of directors, apply to committees and their members as well. (4) To the extent specified by the board of directors or in the articles of incorporation or bylaws, each committee may exercise the authority of the board of directors under RCW 23B.08.010. (5) A committee may not, however: (a) Authorize or approve a distribution except according to a general formula or method prescribed by the board of directors; (b) Approve or propose to shareholders action that this title requires be approved by shareholders; (c) Fill vacancies on the board of directors or on any of its committees; (d) Amend articles of incorporation pursuant to RCW 23B.10.020; (e) Adopt, amend, or repeal bylaws; (f) Approve a plan of merger not requiring shareholder approval; or (g) Authorize or approve the issuance or sale or contract for sale of shares, or determine the designation and relative rights, preferences, and limitations of a class or series of shares, except that the board of directors may authorize a committee, or a senior executive officer of the corporation to do so within limits specifically prescribed by the board of directors. 23B.08.210 23B.08.220 23B.08.230 Waiver of notice. (1) A director may waive any notice required by this title, the articles of incorporation, or bylaws before or after the date and time stated in the notice, and such waiver shall be equivalent to the giving of such notice. Except as provided by subsection (2) of this section, the waiver must be delivered by the director entitled to the notice to the corporation for inclusion in the minutes or filing with the corporate records, which waiver shall be set forth either (a) in an executed record or (b) if the corporation has designated an address, location, or system to which the waiver may be electronically transmitted and the waiver has been electronically transmitted to the designated address, location, or system, in an executed electronically transmitted record. (2) A director’s attendance at or participation in a meeting waives any required notice to the director of the meeting unless the director at the beginning of the meeting, or promptly upon the director’s arrival, objects to holding the meeting or transacting business at the meeting and does not thereafter vote for or assent to action taken at the meeting. [2002 c 297 § 30; 1989 c 165 § 94.] 23B.08.230 23B.08.240 Quorum and voting. (1) Unless the articles of incorporation or bylaws require a greater or lesser number, a quorum of a board of directors consists of a majority of the number of directors specified in or fixed in accordance with the articles of incorporation or bylaws. 23B.08.240 [Title 23B RCW—page 28] 23B.08.250 (2008 Ed.) Directors and Officers (6) The creation of, delegation of authority to, or action by a committee does not alone constitute compliance by a director with the standards of conduct described in RCW 23B.08.300. [1989 c 165 § 96.] 23B.08.300 General standards for directors. (1) A director shall discharge the duties of a director, including duties as member of a committee: (a) In good faith; (b) With the care an ordinarily prudent person in a like position would exercise under similar circumstances; and (c) In a manner the director reasonably believes to be in the best interests of the corporation. (2) In discharging the duties of a director, a director is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: (a) One or more officers or employees of the corporation whom the director reasonably believes to be reliable and competent in the matters presented; (b) Legal counsel, public accountants, or other persons as to matters the director reasonably believes are within the person’s professional or expert competence; or (c) A committee of the board of directors of which the director is not a member if the director reasonably believes the committee merits confidence. (3) A director is not acting in good faith if the director has knowledge concerning the matter in question that makes reliance otherwise permitted by subsection (2) of this section unwarranted. (4) A director is not liable for any action taken as a director, or any failure to take any action, if the director performed the duties of the director’s office in compliance with this section. [1989 c 165 § 97.] 23B.08.300 23B.08.310 Liability for unlawful distributions. (1) A director who votes for or assents to a distribution made in violation of RCW 23B.06.400 or the articles of incorporation is personally liable to the corporation for the amount of the distribution that exceeds the amount that could have been distributed without violating RCW 23B.06.400 or the articles of incorporation if it is established that the director did not perform the director’s duties in compliance with RCW 23B.08.300. In any proceeding commenced under this section, a director has all of the defenses ordinarily available to a director. (2) A director held liable under subsection (1) of this section for an unlawful distribution is entitled to contribution: (a) From every other director who could be held liable under subsection (1) of this section for the unlawful distribution; and (b) From each shareholder for the amount the shareholder accepted knowing the distribution was made in violation of RCW 23B.06.400 or the articles of incorporation. (3) A shareholder who accepts a distribution made in violation of RCW 23B.06.400 or the articles of incorporation is personally liable to the corporation for the amount of any distribution received by the shareholder to the extent it exceeds the amount that could have been distributed to the shareholder without violating RCW 23B.06.400 or the arti23B.08.310 (2008 Ed.) 23B.08.420 cles of incorporation, if it is established that the shareholder accepted the distribution knowing that it was made in violation of RCW 23B.06.400 or the articles of incorporation. (4) A shareholder held liable under subsection (3) of this section for an unlawful distribution is entitled to contribution from every other shareholder who could be held liable under subsection (3) of this section for the unlawful distribution. (5) A proceeding under this section is barred unless it is commenced prior to the earlier of (a) the expiration of two years after the date on which the effect of the distribution was measured under RCW 23B.06.400(4), or (b) the expiration of the survival period specified in RCW 23B.14.340. [2006 c 52 § 3; 1989 c 165 § 98.] 23B.08.320 Limitation on liability of directors. The articles of incorporation may contain provisions not inconsistent with law that eliminate or limit the personal liability of a director to the corporation or its shareholders for monetary damages for conduct as a director, provided that such provisions shall not eliminate or limit the liability of a director for acts or omissions that involve intentional misconduct by a director or a knowing violation of law by a director, for conduct violating RCW 23B.08.310, or for any transaction from which the director will personally receive a benefit in money, property, or services to which the director is not legally entitled. No such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective. [1989 c 165 § 99.] 23B.08.320 23B.08.400 Officers. (1) A corporation has the officers described in its bylaws or appointed by the board of directors in accordance with the bylaws. (2) A duly appointed officer may appoint one or more officers or assistant officers if authorized by the bylaws or the board of directors. (3) The bylaws or the board of directors shall delegate to one of the officers responsibility for preparing minutes of the directors’ and shareholders’ meetings and for authenticating records of the corporation. (4) The same individual may simultaneously hold more than one office in a corporation. [1989 c 165 § 100.] 23B.08.400 23B.08.410 Duties of officers. Each officer has the authority and shall perform the duties set forth in the bylaws or, to the extent consistent with the bylaws, the duties prescribed by the board of directors or by an officer authorized by the board of directors to prescribe the duties of other officers. [1989 c 165 § 101.] 23B.08.410 23B.08.420 Standards of conduct for officers. (1) An officer with discretionary authority shall discharge the officer’s duties under that authority: (a) In good faith; (b) With the care an ordinarily prudent person in a like position would exercise under similar circumstances; and (c) In a manner the officer reasonably believes to be in the best interests of the corporation. (2) In discharging the officer’s duties, the officer is entitled to rely on information, opinions, reports, or statements, 23B.08.420 [Title 23B RCW—page 29] 23B.08.430 Title 23B RCW: Washington Business Corporation Act including financial statements and other financial data, if prepared or presented by: (a) One or more officers or employees of the corporation whom the officer reasonably believes to be reliable and competent in the matters presented; or (b) Legal counsel, public accountants, or other persons as to matters the officer reasonably believes are within the person’s professional or expert competence. (3) An officer is not acting in good faith if the officer has knowledge concerning the matter in question that makes reliance otherwise permitted by subsection (2) of this section unwarranted. (4) An officer is not liable for any action taken as an officer, or any failure to take any action, if the officer performed the duties of the officer’s office in compliance with this section. [1989 c 165 § 102.] 23B.08.430 Resignation and removal of officers. (1) An officer may resign at any time by delivering notice to the corporation. A resignation is effective when the notice is delivered unless the notice specifies a later effective date. (2) A board of directors may remove any officer at any time with or without cause. An officer or assistant officer, if appointed by another officer, may be removed by any officer authorized to appoint officers or assistant officers. [1989 c 165 § 103.] (5) "Official capacity" means: (a) When used with respect to a director, the office of director in a corporation; and (b) when used with respect to an individual other than a director, as contemplated in RCW 23B.08.570, the office in a corporation held by the officer or the employment or agency relationship undertaken by the employee or agent on behalf of the corporation. "Official capacity" does not include service for any other foreign or domestic corporation or any partnership, joint venture, trust, employee benefit plan, or other enterprise. (6) "Party" includes an individual who was, is, or is threatened to be made a named defendant or respondent in a proceeding. (7) "Proceeding" means any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative and whether formal or informal. [1989 c 165 § 105.] 23B.08.430 23B.08.440 Contract rights of officers. (1) The appointment of an officer does not itself create contract rights. (2) An officer’s removal does not affect the officer’s contract rights, if any, with the corporation. An officer’s resignation does not affect the corporation’s contract rights, if any, with the officer. [1989 c 165 § 104.] 23B.08.440 23B.08.500 Indemnification definitions. For purposes of RCW 23B.08.510 through 23B.08.600: (1) "Corporation" includes any domestic or foreign predecessor entity of a corporation in a merger or other transaction in which the predecessor’s existence ceased upon consummation of the transaction. (2) "Director" means an individual who is or was a director of a corporation or an individual who, while a director of a corporation, is or was serving at the corporation’s request as a director, officer, partner, trustee, employee, or agent of another foreign or domestic corporation, partnership, joint venture, trust, employee benefit plan, or other enterprise. A director is considered to be serving an employee benefit plan at the corporation’s request if the director’s duties to the corporation also impose duties on, or otherwise involve services by, the director to the plan or to participants in or beneficiaries of the plan. "Director" includes, unless the context requires otherwise, the estate or personal representative of a director. (3) "Expenses" include counsel fees. (4) "Liability" means the obligation to pay a judgment, settlement, penalty, fine, including an excise tax assessed with respect to an employee benefit plan, or reasonable expenses incurred with respect to a proceeding. 23B.08.500 [Title 23B RCW—page 30] 23B.08.510 Authority to indemnify. (1) Except as provided in subsection (4) of this section, a corporation may indemnify an individual made a party to a proceeding because the individual is or was a director against liability incurred in the proceeding if: (a) The individual acted in good faith; and (b) The individual reasonably believed: (i) In the case of conduct in the individual’s official capacity with the corporation, that the individual’s conduct was in its best interests; and (ii) In all other cases, that the individual’s conduct was at least not opposed to its best interests; and (c) In the case of any criminal proceeding, the individual had no reasonable cause to believe the individual’s conduct was unlawful. (2) A director’s conduct with respect to an employee benefit plan for a purpose the director reasonably believed to be in the interests of the participants in and beneficiaries of the plan is conduct that satisfies the requirement of subsection (1)(b)(ii) of this section. (3) The termination of a proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent is not, of itself, determinative that the director did not meet the standard of conduct described in this section. (4) A corporation may not indemnify a director under this section: (a) In connection with a proceeding by or in the right of the corporation in which the director was adjudged liable to the corporation; or (b) In connection with any other proceeding charging improper personal benefit to the director, whether or not involving action in the director’s official capacity, in which the director was adjudged liable on the basis that personal benefit was improperly received by the director. (5) Indemnification permitted under this section in connection with a proceeding by or in the right of the corporation is limited to reasonable expenses incurred in connection with the proceeding. [1989 c 165 § 106.] 23B.08.510 23B.08.520 Mandatory indemnification. Unless limited by its articles of incorporation, a corporation shall indemnify a director who was wholly successful, on the mer23B.08.520 (2008 Ed.) Directors and Officers its or otherwise, in the defense of any proceeding to which the director was a party because of being a director of the corporation against reasonable expenses incurred by the director in connection with the proceeding. [1989 c 165 § 107.] 23B.08.530 Advance for expenses. (1) A corporation may pay for or reimburse the reasonable expenses incurred by a director who is a party to a proceeding in advance of final disposition of the proceeding if: (a) The director furnishes the corporation a written affirmation of the director’s good faith belief that the director has met the standard of conduct described in RCW 23B.08.510; and (b) The director furnishes the corporation a written undertaking, executed personally or on the director’s behalf, to repay the advance if it is ultimately determined that the director did not meet the standard of conduct. (2) The undertaking required by subsection (1)(b) of this section must be an unlimited general obligation of the director but need not be secured and may be accepted without reference to financial ability to make repayment. (3) Authorization of payments under this section may be made by provision in the articles of incorporation or bylaws, by resolution adopted by the shareholders or board of directors, or by contract. [1989 c 165 § 108.] 23B.08.530 23B.08.540 Court-ordered indemnification. Unless a corporation’s articles of incorporation provide otherwise, a director of a corporation who is a party to a proceeding may apply for indemnification or advance of expenses to the court conducting the proceeding or to another court of competent jurisdiction. On receipt of an application, the court after giving any notice the court considers necessary may order indemnification or advance of expenses if it determines: (1) The director is entitled to mandatory indemnification under RCW 23B.08.520, in which case the court shall also order the corporation to pay the director’s reasonable expenses incurred to obtain court-ordered indemnification; (2) The director is fairly and reasonably entitled to indemnification in view of all the relevant circumstances, whether or not the director met the standard of conduct set forth in RCW 23B.08.510 or was adjudged liable as described in RCW 23B.08.510(4), but if the director was adjudged so liable the director’s indemnification is limited to reasonable expenses incurred unless the articles of incorporation or a bylaw, contract, or resolution approved or ratified by the shareholders pursuant to RCW 23B.08.560 provides otherwise; or (3) In the case of an advance of expenses, the director is entitled pursuant to the articles of incorporation, bylaws, or any applicable resolution or contract, to payment or reimbursement of the director’s reasonable expenses incurred as a party to the proceeding in advance of final disposition of the proceeding. [1989 c 165 § 109.] 23B.08.540 23B.08.550 Determination and authorization of indemnification. (1) A corporation may not indemnify a director under RCW 23B.08.510 unless authorized in the specific case after a determination has been made that indemnification of the director is permissible in the circumstances 23B.08.550 (2008 Ed.) 23B.08.570 because the director has met the standard of conduct set forth in RCW 23B.08.510. (2) The determination shall be made: (a) By the board of directors by majority vote of a quorum consisting of directors not at the time parties to the proceeding; (b) If a quorum cannot be obtained under (a) of this subsection, by majority vote of a committee duly designated by the board of directors, in which designation directors who are parties may participate, consisting solely of two or more directors not at the time parties to the proceeding; (c) By special legal counsel: (i) Selected by the board of directors or its committee in the manner prescribed in (a) or (b) of this subsection; or (ii) If a quorum of the board of directors cannot be obtained under (a) of this subsection and a committee cannot be designated under (b) of this subsection, selected by majority vote of the full board of directors, in which selection directors who are parties may participate; or (d) By the shareholders, but shares owned by or voted under the control of directors who are at the time parties to the proceeding may not be voted on the determination. (3) Authorization of indemnification and evaluation as to reasonableness of expenses shall be made in the same manner as the determination that indemnification is permissible, except that if the determination is made by special legal counsel, authorization of indemnification and evaluation as to reasonableness of expenses shall be made by those entitled under subsection (2)(c) of this section to select counsel. [1989 c 165 § 110.] 23B.08.560 Shareholder authorized indemnification and advancement of expenses. (1) If authorized by the articles of incorporation, a bylaw adopted or ratified by the shareholders, or a resolution adopted or ratified, before or after the event, by the shareholders, a corporation shall have power to indemnify or agree to indemnify a director made a party to a proceeding, or obligate itself to advance or reimburse expenses incurred in a proceeding, without regard to the limitations in RCW 23B.08.510 through 23B.08.550, provided that no such indemnity shall indemnify any director from or on account of: (a) Acts or omissions of the director finally adjudged to be intentional misconduct or a knowing violation of law; (b) Conduct of the director finally adjudged to be in violation of RCW 23B.08.310; or (c) Any transaction with respect to which it was finally adjudged that such director personally received a benefit in money, property, or services to which the director was not legally entitled. (2) Unless the articles of incorporation, or a bylaw or resolution adopted or ratified by the shareholders, provide otherwise, any determination as to any indemnity or advance of expenses under subsection (1) of this section shall be made in accordance with RCW 23B.08.550. [1989 c 165 § 111.] 23B.08.560 23B.08.570 Indemnification of officers, employees, and agents. Unless a corporation’s articles of incorporation provide otherwise: 23B.08.570 [Title 23B RCW—page 31] 23B.08.580 Title 23B RCW: Washington Business Corporation Act 23B.08.600 Report to shareholders. If a corporation indemnifies or advances expenses to a director under RCW 23B.08.510, 23B.08.520, 23B.08.530, 23B.08.540, or 23B.08.560 in connection with a proceeding by or in the right of the corporation, the corporation shall report the indemnification or advance in the form of a notice to the shareholders delivered with or before the notice of the next shareholders’ meeting. [2002 c 297 § 32; 1989 c 165 § 115.] (1) "Conflicting interest" with respect to a corporation means the interest a director of the corporation has respecting a transaction effected or proposed to be effected by the corporation, or by a subsidiary of the corporation or any other entity in which the corporation has a controlling interest, if: (a) Whether or not the transaction is brought before the board of directors of the corporation for action, the director knows at the time of commitment that the director or a related person is a party to the transaction or has a beneficial financial interest in or so closely linked to the transaction and of such financial significance to the director or a related person that the interest would reasonably be expected to exert an influence on the director’s judgment if the director were called upon to vote on the transaction; or (b) The transaction is brought, or is of such character and significance to the corporation that it would in the normal course be brought, before the board of directors of the corporation for action, and the director knows at the time of commitment that any of the following persons is either a party to the transaction or has a beneficial financial interest in or so closely linked to the transaction and of such financial significance to the person that the interest would reasonably be expected to exert an influence on the director’s judgment if the director were called upon to vote on the transaction: (i) An entity, other than the corporation, of which the director is a director, general partner, agent, or employee; (ii) a person that controls one or more of the entities specified in (b)(i) of this subsection or an entity that is controlled by, or is under common control with, one or more of the entities specified in (b)(i) of this subsection; or (iii) an individual who is a general partner, principal, or employer of the director. (2) "Director’s conflicting interest transaction" with respect to a corporation means a transaction effected or proposed to be effected by the corporation, or by a subsidiary of the corporation or any other entity in which the corporation has a controlling interest, respecting which a director of the corporation has a conflicting interest. (3) "Related person" of a director means (a) the spouse, or a parent or sibling thereof, of the director, or a child, grandchild, sibling, parent, or spouse of any thereof, of the director, or an individual having the same home as the director, or a trust or estate of which an individual specified herein is a substantial beneficiary; or (b) a trust, estate, incompetent, conservatee, or minor of which the director is a fiduciary. (4) "Required disclosure" means disclosure by the director who has a conflicting interest of (a) the existence and nature of the director’s conflicting interest, and (b) all facts known to the director respecting the subject matter of the transaction that an ordinarily prudent person would reasonably believe to be material to a judgment about whether or not to proceed with the transaction. (5) "Time of commitment" respecting a transaction means the time when the transaction is consummated or, if made pursuant to contract, the time when the corporation, or its subsidiary or the entity in which it has a controlling interest, becomes contractually obligated so that its unilateral withdrawal from the transaction would entail significant loss, liability, or other damage. [1989 c 165 § 116.] 23B.08.700 Definitions. For purposes of RCW 23B.08.710 through 23B.08.730: 23B.08.710 Judicial action. (1) A transaction effected or proposed to be effected by a corporation, or by a subsidiary (1) An officer of the corporation who is not a director is entitled to mandatory indemnification under RCW 23B.08.520, and is entitled to apply for court-ordered indemnification under RCW 23B.08.540, in each case to the same extent as a director; (2) The corporation may indemnify and advance expenses under RCW 23B.08.510 through 23B.08.560 to an officer, employee, or agent of the corporation who is not a director to the same extent as to a director; and (3) A corporation may also indemnify and advance expenses to an officer, employee, or agent who is not a director to the extent, consistent with law, that may be provided by its articles of incorporation, bylaws, general or specific action of its board of directors, or contract. [1989 c 165 § 112.] 23B.08.580 Insurance. A corporation may purchase and maintain insurance on behalf of an individual who is or was a director, officer, employee, or agent of the corporation, or who, while a director, officer, employee, or agent of the corporation, is or was serving at the request of the corporation as a director, officer, partner, trustee, employee, or agent of another foreign or domestic corporation, partnership, joint venture, trust, employee benefit plan, or other enterprise, against liability asserted against or incurred by the individual in that capacity or arising from the individual’s status as a director, officer, employee, or agent, whether or not the corporation would have power to indemnify the individual against the same liability under RCW 23B.08.510 or 23B.08.520. [1989 c 165 § 113.] 23B.08.580 23B.08.590 23B.08.590 Validity of indemnification or advance for expenses. (1) A provision treating a corporation’s indemnification of or advance for expenses to directors that is contained in its articles of incorporation, bylaws, a resolution of its shareholders or board of directors, or in a contract or otherwise, is valid only if and to the extent the provision is consistent with RCW 23B.08.500 through 23B.08.580. If articles of incorporation limit indemnification or advance for expenses, indemnification and advance for expenses are valid only to the extent consistent with the articles of incorporation. (2) RCW 23B.08.500 through 23B.08.580 do not limit a corporation’s power to pay or reimburse expenses incurred by a director in connection with the director’s appearance as a witness in a proceeding at a time when the director has not been made a named defendant or respondent to the proceeding. [1989 c 165 § 114.] 23B.08.600 23B.08.700 [Title 23B RCW—page 32] 23B.08.710 (2008 Ed.) Directors and Officers of the corporation or any other entity in which the corporation has a controlling interest, that is not a director’s conflicting interest transaction may not be enjoined, set aside, or give rise to an award of damages or other sanctions, in a proceeding by a shareholder or by or in the right of the corporation, because a director of the corporation, or any person with whom or which the director has a personal, economic, or other association, has an interest in the transaction. (2) A director’s conflicting interest transaction may not be enjoined, set aside, or give rise to an award of damages or other sanctions, in a proceeding by a shareholder or by or in the right of the corporation, because the director, or any person with whom or which the director has a personal, economic, or other association, has an interest in the transaction, if: (a) Directors’ action respecting the transaction was at any time taken in compliance with RCW 23B.08.720; (b) Shareholders’ action respecting the transaction was at any time taken in compliance with RCW 23B.08.730; or (c) The transaction, judged according to the circumstances at the time of commitment, is established to have been fair to the corporation. [1989 c 165 § 117.] 23B.08.720 Directors’ action. (1) Directors’ action respecting a transaction is effective for purposes of RCW 23B.08.710(2)(a) if the transaction received the affirmative vote of a majority, but no fewer than two, of those qualified directors on the board of directors or on a duly empowered committee of the board who voted on the transaction after either required disclosure to them, to the extent the information was not known by them, or compliance with subsection (2) of this section, provided that action by a committee is so effective only if: (a) All its members are qualified directors; and (b) Its members are either all the qualified directors on the board or are appointed by the affirmative vote of a majority of the qualified directors on the board. (2) If a director has a conflicting interest respecting a transaction, but neither the director nor a related person of the director specified in RCW 23B.08.700(3)(a) is a party to the transaction, and if the director has a duty under law or professional canon, or a duty of confidentiality to another person, respecting information relating to the transaction such that the director may not make the disclosure described in RCW 23B.08.700(4)(b), then disclosure is sufficient for purposes of subsection (1) of this section if the director (a) discloses to the directors voting on the transaction the existence and nature of the director’s conflicting interest and informs them of the character and limitations imposed by that duty before their vote on the transaction, and (b) plays no part, directly or indirectly, in their deliberations or vote. (3) A majority, but no fewer than two, of all the qualified directors on the board of directors, or on the committee, constitutes a quorum for purposes of action that complies with this section. Directors’ action that otherwise complies with this section is not affected by the presence or vote of a director who is not a qualified director. (4) For purposes of this section "qualified director" means, with respect to a director’s conflicting interest transaction, any director who does not have either (a) a conflicting interest respecting the transaction, or (b) a familial, financial, 23B.08.720 (2008 Ed.) 23B.08.730 professional, or employment relationship with a second director who does have a conflicting interest respecting the transaction, which relationship would, in the circumstances, reasonably be expected to exert an influence on the first director’s judgment when voting on the transaction. [1989 c 165 § 118.] 23B.08.730 Shareholders’ action. (1) Shareholders’ action respecting a transaction is effective for purposes of RCW 23B.08.710(2)(b) if a majority of the votes entitled to be cast by the holders of all qualified shares were cast in favor of the transaction after (a) notice to shareholders describing the director’s conflicting interest transaction, (b) provision of the information referred to in subsection (4) of this section, and (c) required disclosure to the shareholders who voted on the transaction, to the extent the information was not known by them. (2) For purposes of this section, "qualified shares" means any shares entitled to vote with respect to the director’s conflicting interest transaction except shares that, to the knowledge, before the vote, of the secretary, or other officer or agent of the corporation authorized to tabulate votes, are beneficially owned, or the voting of which is controlled, by a director who has a conflicting interest respecting the transaction or by a related person of the director, or both. (3) A majority of the votes entitled to be cast by the holders of all qualified shares constitutes a quorum for purposes of action that complies with this section. Subject to the provisions of subsections (4) and (5) of this section, shareholders’ action that otherwise complies with this section is not affected by the presence of holders, or the voting, of shares that are not qualified shares. (4) For purposes of compliance with subsection (1) of this section, a director who has a conflicting interest respecting the transaction shall, before the shareholders’ vote, inform the secretary, or other officer or agent of the corporation authorized to tabulate votes, of the number, and the identity of persons holding or controlling the vote, of all shares that the director knows are beneficially owned, or the voting of which is controlled, by the director, or by a related person of the director, or both. (5) If a shareholders’ vote does not comply with subsection (1) of this section solely because of a failure of a director to comply with subsection (4) of this section, and if the director establishes that the director’s failure did not determine and was not intended by the director to influence the outcome of the vote, the court may, with or without further proceedings respecting RCW 23B.08.710(2)(c), take such action respecting the transaction and the director, and give such effect, if any, to the shareholders’ vote, as it considers appropriate in the circumstances. [1989 c 165 § 119.] 23B.08.730 [Title 23B RCW—page 33] Chapter 23B.09 Chapter 23B.09 Chapter 23B.10 Title 23B RCW: Washington Business Corporation Act Chapter 23B.09 RCW [RESERVED] Chapter 23B.10 RCW AMENDMENT OF ARTICLES OF INCORPORATION AND BYLAWS Sections 23B.10.010 Authority to amend articles of incorporation. 23B.10.012 Certificate of authority as insurance company—Filing of records. 23B.10.020 Amendment of articles of incorporation by board of directors. 23B.10.030 Amendment of articles of incorporation by board of directors and shareholders. 23B.10.040 Voting on amendments to articles of incorporation by voting groups. 23B.10.050 Amendment of articles of incorporation before issuance of shares. 23B.10.060 Articles of amendment. 23B.10.070 Restated articles of incorporation. 23B.10.080 Amendment of articles of incorporation pursuant to reorganization. 23B.10.090 Effect of amendment of articles of incorporation. 23B.10.200 Amendment of bylaws by board of directors or shareholders. 23B.10.205 Amendment of bylaws—Election of directors. 23B.10.210 Bylaw increasing quorum or voting requirements for directors. 23B.10.010 Authority to amend articles of incorporation. (1) A corporation may amend its articles of incorporation at any time to add or change a provision that is required or permitted in the articles of incorporation or to delete a provision not required in the articles of incorporation. Whether a provision is required or permitted in the articles of incorporation is determined as of the effective date of the amendment. (2) A shareholder of the corporation does not have a vested property right resulting from any provision in the articles of incorporation, including provisions relating to management, control, capital structure, dividend entitlement, or purpose or duration of the corporation. [1989 c 165 § 120.] 23B.10.010 23B.10.012 Certificate of authority as insurance company—Filing of records. For those corporations that have a certificate of authority, are applying for, or intend to apply for a certificate of authority from the insurance commissioner as an insurance company under chapter 48.05 RCW, whenever under this chapter corporate records are required to be filed with the secretary of state, the records shall be filed with the insurance commissioner rather than the secretary of state. [2002 c 297 § 33; 1998 c 23 § 9.] 23B.10.012 23B.10.020 Amendment of articles of incorporation by board of directors. Unless the articles of incorporation provide otherwise, a corporation’s board of directors may adopt one or more amendments to the corporation’s articles of incorporation without shareholder action: (1) If the corporation has only one class of shares outstanding, to provide, change, or eliminate any provision with respect to the par value of any class of shares; (2) To delete the names and addresses of the initial directors; (3) To delete the name and address of the initial registered agent or registered office, if a statement of change is on file with the secretary of state; (4) If the corporation has only one class of shares outstanding, solely to: 23B.10.020 [Title 23B RCW—page 34] (a) Effect a forward split of, or change the number of authorized shares of that class in proportion to a forward split of, or stock dividend in, the corporation’s outstanding shares; or (b) Effect a reverse split of the corporation’s outstanding shares and the number of authorized shares of that class in the same proportions; (5) To change the corporate name; or (6) To make any other change expressly permitted by this title to be made without shareholder action. [2003 c 35 § 3; 1989 c 165 § 121.] 23B.10.030 23B.10.030 Amendment of articles of incorporation by board of directors and shareholders. (1) A corporation’s board of directors may propose one or more amendments to the articles of incorporation for submission to the shareholders. (2) For the amendment to be adopted: (a) The board of directors must recommend the amendment to the shareholders unless the board of directors determines that because of conflict of interest or other special circumstances it should make no recommendation and communicates the basis for its determination to the shareholders with the amendment; and (b) The shareholders entitled to vote on the amendment must approve the amendment as provided in subsection (5) of this section. (3) The board of directors may condition its submission of the proposed amendment on any basis, including the affirmative vote of holders of a specified percentage of shares held by any group of shareholders not otherwise entitled under this title or the articles of incorporation to vote as a separate voting group on the proposed amendment. (4) The corporation shall notify each shareholder, whether or not entitled to vote, of the proposed shareholders’ meeting in accordance with RCW 23B.07.050. The notice of meeting must also state that the purpose, or one of the purposes, of the meeting is to consider the proposed amendment and contain or be accompanied by a copy of the amendment. (5) In addition to any other voting conditions imposed by the board of directors under subsection (3) of this section, the amendment to be adopted must be approved by two-thirds, or, in the case of a public company, a majority, of the voting group comprising all the votes entitled to be cast on the proposed amendment, and of each other voting group entitled under RCW 23B.10.040 or the articles of incorporation to vote separately on the proposed amendment. The articles of incorporation may require a greater vote than that provided for in this subsection. The articles of incorporation of a corporation other than a public company may require a lesser vote than that provided for in this subsection, or may require a lesser vote by separate voting groups, so long as the required vote is not less than a majority of all the votes entitled to be cast on the proposed amendment and of each other voting group entitled to vote separately on the proposed amendment. Separate voting by additional voting groups is required on a proposed amendment under the circumstances described in RCW 23B.10.040. [2003 c 35 § 4; 1989 c 165 § 122.] (2008 Ed.) Amendment of Articles of Incorporation and Bylaws 23B.10.040 Voting on amendments to articles of incorporation by voting groups. (1) Except as otherwise required by subsection (3) of this section or otherwise permitted by subsection (4) of this section, the holders of the outstanding shares of a class or series are entitled to vote as a separate voting group on a proposed amendment if shareholder voting is otherwise required by this title and if the amendment would: (a) Increase the aggregate number of authorized shares of the class or series; (b) Effect an exchange or reclassification of all or part of the issued and outstanding shares of the class or series into shares of another class or series, thereby adversely affecting the holders of the shares so exchanged or reclassified; (c) Change the rights, preferences, or limitations of all or part of the issued and outstanding shares of the class or series, thereby adversely affecting the holders of shares of the class or series; (d) Change all or part of the issued and outstanding shares of the class or series into a different number of shares of the same class or series, thereby adversely affecting the holders of shares of the class or series; (e) Create a new class or series of shares having rights or preferences with respect to distributions or to dissolution that are, or upon designation by the board of directors in accordance with RCW 23B.06.020 may be, prior, superior, or substantially equal to the shares of the class or series; (f) Increase the rights or preferences with respect to distributions or to dissolution, or the number of authorized shares of any class or series that, after giving effect to the amendment, has rights or preferences with respect to distributions or to dissolution that are, or upon designation by the board of directors in accordance with RCW 23B.06.020 may be, prior, superior, or substantially equal to the shares of the class or series; (g) Limit or deny an existing preemptive right of all or part of the shares of the class or series; (h) Cancel or otherwise adversely affect rights to distributions or dividends that have accumulated but not yet been declared on all or part of the shares of the class or series; or (i) Effect a redemption or cancellation of all or part of the shares of the class or series in exchange for cash or any other form of consideration other than shares of the corporation. (2) If a proposed amendment would affect only a series of a class of shares in one or more of the ways described in subsection (1) of this section, only the shares of that series are entitled to vote as a separate voting group on the proposed amendment. A voting group entitled to vote separately under this section may never comprise a group of holders smaller than the holders of a single class or series authorized and designated as a class or series in the articles of incorporation, unless otherwise provided in the articles of incorporation or unless the board of directors conditions its submission of the proposed amendment on a separate vote by one or more smaller voting groups. (3) If a proposed amendment, that would otherwise entitle two or more classes or series of shares to vote as separate voting groups under this section, would affect those two or more classes or series in the same or a substantially similar way, then instead of voting as separate voting groups the shares of all similarly affected classes or series shall vote 23B.10.040 (2008 Ed.) 23B.10.070 together as a single voting group on the proposed amendment, unless otherwise provided in the articles of incorporation or unless the board of directors conditions its submission of the proposed amendment on a separate vote by one or more classes or series. (4) A class or series of shares is entitled to the voting group rights granted by this section although the articles of incorporation generally describe the shares of the class or series as nonvoting shares. The articles of incorporation may, however, limit or deny the voting group rights granted by subsection (1)(a), (e), or (f) of this section as to any class or series of issued or unissued shares, by means of a provision that makes explicit reference to the limitation or denial of voting group rights that would otherwise apply under subsection (1)(a), (e), or (f) of this section. [2003 c 35 § 5; 1989 c 165 § 123.] 23B.10.050 Amendment of articles of incorporation before issuance of shares. If a corporation has not yet issued shares, its board of directors, or incorporators if initial directors were not named in the articles of incorporation and have not been elected, may adopt one or more amendments to the corporation’s articles of incorporation. [1989 c 165 § 124.] 23B.10.050 23B.10.060 Articles of amendment. A corporation amending its articles of incorporation shall deliver to the secretary of state for filing articles of amendment setting forth: (1) The name of the corporation; (2) The text of each amendment adopted; (3) If an amendment provides for an exchange, reclassification, or cancellation of issued shares, provisions for implementing the amendment if not contained in the amendment itself; (4) The date of each amendment’s adoption; (5) If an amendment was adopted by the incorporators or board of directors without shareholder action, a statement to that effect and that shareholder action was not required; and (6) If shareholder action was required, a statement that the amendment was duly approved by the shareholders in accordance with the provisions of RCW 23B.10.030 and 23B.10.040. [1989 c 165 § 125.] 23B.10.060 23B.10.070 Restated articles of incorporation. (1) Any officer of the corporation may restate its articles of incorporation at any time. (2) A restatement may include one or more amendments to the articles of incorporation. If the restatement includes an amendment not requiring shareholder approval, it must be adopted by the board of directors. If the restatement includes an amendment requiring shareholder approval, it must be adopted in accordance with RCW 23B.10.030. (3) If the board of directors submits a restatement for shareholder action, the corporation shall notify each shareholder, whether or not entitled to vote, of the proposed shareholders’ meeting in accordance with RCW 23B.07.050. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the proposed restatement and contain or be accompanied by a copy of the restatement that identifies any amendment or other change it would make in the articles of incorporation. 23B.10.070 [Title 23B RCW—page 35] 23B.10.080 Title 23B RCW: Washington Business Corporation Act (4) A corporation restating its articles of incorporation shall deliver to the secretary of state for filing articles of restatement setting forth the name of the corporation and the text of the restated articles of incorporation together with a certificate setting forth: (a) If the restatement does not include an amendment to the articles of incorporation, a statement to that effect; (b) If the restatement contains an amendment to the articles of incorporation not requiring shareholder approval, a statement that the board of directors adopted the restatement and the date of such adoption; (c) If the restatement contains an amendment to the articles of incorporation requiring shareholder approval, the information required by RCW 23B.10.060; and (d) Both the articles of restatement and the certificate must be executed. (5) Duly adopted restated articles of incorporation supersede the original articles of incorporation and all amendments to them. (6) The secretary of state may certify restated articles of incorporation, as the articles of incorporation currently in effect, without including the certificate information required by subsection (4) of this section. [1991 c 72 § 36; 1989 c 165 § 126.] 23B.10.080 Amendment of articles of incorporation pursuant to reorganization. (1) A corporation’s articles of incorporation may be amended without action by the board of directors or shareholders to carry out a plan of reorganization ordered or decreed by a court of competent jurisdiction under federal statute if the articles of incorporation after amendment contain only provisions required or permitted by RCW 23B.02.020. (2) The individual or individuals designated by the court shall deliver to the secretary of state for filing articles of amendment setting forth: (a) The name of the corporation; (b) The text of each amendment approved by the court; (c) The date of the court’s order or decree approving the articles of amendment; (d) The title of the reorganization proceeding in which the order or decree was entered; and (e) A statement that the court had jurisdiction of the proceeding under federal statute. (3) Shareholders of a corporation undergoing reorganization do not have dissenters’ rights except as and to the extent provided in the reorganization plan. (4) This section does not apply after entry of a final decree in the reorganization proceeding even though the court retains jurisdiction of the proceeding for limited purposes unrelated to consummation of the reorganization plan. [1989 c 165 § 127.] 23B.10.080 23B.10.090 Effect of amendment of articles of incorporation. An amendment to articles of incorporation does not affect a cause of action existing against or in favor of the corporation, a proceeding to which the corporation is a party, or the existing rights of persons other than shareholders of the corporation. An amendment changing a corporation’s name 23B.10.090 [Title 23B RCW—page 36] does not abate a proceeding brought by or against the corporation in its former name. [1989 c 165 § 128.] 23B.10.200 Amendment of bylaws by board of directors or shareholders. (1) A corporation’s board of directors may amend or repeal the corporation’s bylaws, or adopt new bylaws, unless: (a) The articles of incorporation, RCW 23B.10.205, or, if applicable, RCW 23B.07.035, or any other provision of this title reserve this power exclusively to the shareholders in whole or part; or (b) The shareholders, in amending or repealing a particular bylaw, provide expressly that the board of directors may not amend or repeal that bylaw. (2) A corporation’s shareholders may amend or repeal the corporation’s bylaws, or adopt new bylaws, even though the bylaws may also be amended or repealed, or new bylaws may also be adopted, by its board of directors. [2007 c 467 § 7; 1989 c 165 § 129.] 23B.10.200 23B.10.205 Amendment of bylaws—Election of directors. (1) Unless the articles of incorporation (a) specifically prohibit the adoption of a bylaw pursuant to this section, (b) alter the vote specified in RCW 23B.07.280(2), or (c) allow for or do not exclude cumulative voting, a public company may elect in its bylaws to be governed in the election of directors as follows: (i) Each vote entitled to be cast may be voted for, voted against, or withheld for one or more candidates up to that number of candidates that is equal to the number of directors to be elected but without cumulating the votes, or a shareholder may indicate an abstention for one or more candidates; (ii) To be elected, a candidate must have received the number, percentage, or level of votes specified in the bylaws; provided that holders of shares entitled to vote in the election and constituting a quorum are present at the meeting. Except in a contested election as provided in (c)(v) of this subsection, a candidate who does not receive the number, percentage, or level of votes specified in the bylaws but who was a director at the time of the election shall continue to serve as a director for a term that shall terminate on the date that is the earlier of (A) the date specified in the bylaw, but not longer than ninety days from the date on which the voting results are determined pursuant to RCW 23B.07.035(2), or (B) the date on which an individual is selected by the board of directors to fill the office held by such director, which selection shall be deemed to constitute the filling of a vacancy by the board to which RCW 23B.08.100 applies; (iii) A bylaw adopted pursuant to this section may provide that votes cast against and/or withheld as to a candidate are to be taken into account in determining whether the number, percentage, or level of votes required for election has been received. Unless the bylaw specifies otherwise, only votes cast are to be taken into account and a ballot marked "withheld" in respect to a share is deemed to be a vote cast. Unless the bylaws specify otherwise, shares otherwise present at the meeting but for which there is an abstention or as to which no authority or direction to vote in the election is given or specified, are not deemed to be votes cast in the election; 23B.10.205 (2008 Ed.) Merger and Share Exchange (iv) The board of directors may select any qualified individual to fill the office held by a director who did not receive the specified vote for election referenced in (c)(ii) of this subsection; and (v) Unless the bylaw specifies otherwise, a bylaw adopted pursuant to this subsection (1) shall not apply to an election of directors by a voting group if (A) at the expiration of the time fixed under a provision requiring advance notification of director candidates, or (B) absent such a provision, at a time fixed by the board of directors which is not more than fourteen days before notice is given of the meeting at which the election is to occur, there are more candidates for election by the voting group than the number of directors to be elected, one or more of whom are properly proposed by shareholders. An individual shall not be considered a candidate for purposes of this subsection (1)(c)(v) if the board of directors determines before the notice of meeting is given that such individual’s candidacy does not create a bona fide election contest. (2) A bylaw containing an election to be governed by this section may be repealed or amended: (a) If originally adopted by the shareholders, only by the shareholders, unless the bylaw otherwise provides; or (b) If adopted by the board of directors, by the board of directors or the shareholders. [2007 c 467 § 5.] 23B.10.210 Bylaw increasing quorum or voting requirements for directors. (1) A bylaw that fixes a greater quorum or voting requirement for the board of directors may be amended or repealed: (a) If originally adopted by the shareholders, only by the shareholders; or (b) If originally adopted by the board of directors, either by the shareholders or by the board of directors. (2) A bylaw adopted or amended by the shareholders that fixes a greater quorum or voting requirement for the board of directors may provide that it may be amended or repealed only by a specified vote of either the shareholders or the board of directors. (3) If the corporation is a public company, action by the board of directors under subsection (1)(b) of this section to adopt or amend a bylaw that changes the quorum or voting requirement for the board of directors must meet the quorum requirement and be adopted by the vote required to take action under the quorum and voting requirement then in effect. (4) If the corporation is not a public company, action by the board of directors under subsection (1)(b) of this section to adopt or amend a bylaw that changes the quorum or voting requirement for the board of directors must meet the same quorum requirement and be adopted by the same vote required to take action under the quorum and voting requirement then in effect or proposed to be adopted, whichever is greater. [1989 c 165 § 130.] 23B.10.210 Chapter 23B.11 Chapter 23B.11 RCW MERGER AND SHARE EXCHANGE Sections 23B.11.010 Merger. 23B.11.020 Share exchange. (2008 Ed.) 23B.11.030 23B.11.035 23B.11.040 23B.11.050 23B.11.060 23B.11.070 23B.11.080 23B.11.090 23B.11.100 23B.11.110 23B.11.030 Action on plan of merger or share exchange. Plan of merger or share exchange—Separate voting group. Merger of subsidiary. Articles of merger or share exchange. Effect of merger or share exchange. Merger or share exchange with foreign corporation. Merger. Articles of merger. Merger—Corporation is surviving entity. Merger with foreign and domestic entities—Effect. 23B.11.010 Merger. (1) One or more corporations may merge into another corporation if the board of directors of each corporation adopts and its shareholders, if required by RCW 23B.11.030, approve a plan of merger. (2) The plan of merger must set forth: (a) The name of each corporation planning to merge and the name of the surviving corporation into which each other corporation plans to merge; (b) The terms and conditions of the merger; and (c) The manner and basis of converting the shares of each corporation into shares, obligations, or other securities of the surviving or any other corporation or into cash or other property in whole or part. (3) The plan of merger may set forth: (a) Amendments to the articles of incorporation of the surviving corporation; and (b) Other provisions relating to the merger. [1989 c 165 § 131.] 23B.11.010 23B.11.020 Share exchange. (1) A corporation may acquire all of the outstanding shares of one or more classes or series of another corporation if the board of directors of each corporation adopts and its shareholders, if required by RCW 23B.11.030, approve the exchange. (2) The plan of exchange must set forth: (a) The name of the corporation whose shares will be acquired and the name of the acquiring corporation; (b) The terms and conditions of the exchange; (c) The manner and basis of exchanging the shares to be acquired for shares, obligations, or other securities of the acquiring or any other corporation or for cash or other property in whole or part. (3) The plan of exchange may set forth other provisions relating to the exchange. (4) This section does not limit the power of a corporation to acquire all or part of the shares of one or more classes or series of another corporation through a voluntary exchange or otherwise. [1989 c 165 § 132.] 23B.11.020 23B.11.030 Action on plan of merger or share exchange. (1) After adopting a plan of merger or share exchange, the board of directors of each corporation party to the merger, and the board of directors of the corporation whose shares will be acquired in the share exchange, shall submit the plan of merger, except as provided in subsection (7) of this section, or share exchange for approval by its shareholders. (2) For a plan of merger or share exchange to be approved: (a) The board of directors must recommend the plan of merger or share exchange to the shareholders, unless the board of directors determines that because of conflict of inter23B.11.030 [Title 23B RCW—page 37] 23B.11.035 Title 23B RCW: Washington Business Corporation Act est or other special circumstances it should make no recommendation and communicates the basis for its determination to the shareholders with the plan; and (b) The shareholders entitled to vote must approve the plan, except as provided in subsection (7) of this section. (3) The board of directors may condition its submission of the proposed plan of merger or share exchange on any basis, including the affirmative vote of holders of a specified percentage of shares held by any group of shareholders not otherwise entitled under this title or the articles of incorporation to vote as a separate voting group on the proposed plan of merger or share exchange. (4) The corporation shall notify each shareholder, whether or not entitled to vote, of the proposed shareholders’ meeting in accordance with RCW 23B.07.050. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the plan of merger or share exchange and must contain or be accompanied by a copy or summary of the plan. (5) In addition to any other voting conditions imposed by the board of directors under subsection (3) of this section, the plan of merger to be authorized must be approved by twothirds of the voting group comprising all the votes entitled to be cast on the plan, and of each other voting group entitled under RCW 23B.11.035 or the articles of incorporation to vote separately on the plan, unless shareholder action is not required under subsection (7) of this section. The articles of incorporation may require a greater or lesser vote than that provided in this subsection, or a greater or lesser vote by separate voting groups, so long as the required vote is not less than a majority of all the votes entitled to be cast on the plan of merger and of each other voting group entitled to vote separately on the plan. Separate voting by additional voting groups is required on a plan of merger under the circumstances described in RCW 23B.11.035. (6) In addition to any other voting conditions imposed by the board of directors under subsection (3) of this section, the plan of share exchange to be authorized must be approved by two-thirds of the voting group comprising all the votes entitled to be cast on the plan, and of each other voting group entitled under RCW 23B.11.035 or the articles of incorporation to vote separately on the plan. The articles of incorporation may require a greater or lesser vote than that provided in this subsection, or a greater or lesser vote by separate voting groups, so long as the required vote is not less than a majority of all the votes entitled to be cast on the plan of share exchange and of each other voting group entitled to vote separately on the plan. Separate voting by additional voting groups is required on a plan of share exchange under the circumstances described in RCW 23B.11.035. (7) Action by the shareholders of the surviving corporation on a plan of merger is not required if: (a) The articles of incorporation of the surviving corporation will not differ, except for amendments enumerated in RCW 23B.10.020, from its articles of incorporation before the merger; (b) Each shareholder of the surviving corporation whose shares were outstanding immediately before the effective date of the merger will hold the same number of shares, with identical designations, preferences, limitations, and relative rights, immediately after the merger; [Title 23B RCW—page 38] (c) The number of voting shares outstanding immediately after the merger, plus the number of voting shares issuable as a result of the merger, either by the conversion of securities issued pursuant to the merger or the exercise of rights and warrants issued pursuant to the merger, will not exceed the total number of voting shares of the surviving corporation authorized by its articles of incorporation immediately before the merger; and (d) The number of participating shares outstanding immediately after the merger, plus the number of participating shares issuable as a result of the merger, either by the conversion of securities issued pursuant to the merger or the exercise of rights and warrants issued pursuant to the merger, will not exceed the total number of participating shares authorized by its articles of incorporation immediately before the merger. (8) As used in subsection (7) of this section: (a) "Participating shares" means shares that entitle their holders to participate without limitation in distributions. (b) "Voting shares" means shares that entitle their holders to vote unconditionally in elections of directors. (9) After a merger or share exchange is authorized, and at any time before articles of merger or share exchange are filed, the planned merger or share exchange may be abandoned, subject to any contractual rights, without further shareholder action, in accordance with the procedure set forth in the plan of merger or share exchange or, if none is set forth, in the manner determined by the board of directors. [2003 c 35 § 6; 1989 c 165 § 133.] 23B.11.035 Plan of merger or share exchange—Separate voting group. (1) Except as otherwise required by subsection (3) of this section or otherwise permitted by subsection (4) of this section, the holders of the outstanding shares of a class or series are entitled to vote as a separate voting group on a proposed plan of merger or plan of share exchange if shareholder voting is otherwise required by this title and if, as a result of the proposed plan, holders of part or all of the class or series would hold or receive: (a) Shares of any class or series of the surviving or acquiring corporation, or of any parent corporation of the surviving corporation, and either (i) that class or series has a greater number of authorized shares than the class or series held by the holders prior to the merger or share exchange, or (ii) the proposed plan effects a change in the number of shares held by the holders, or in the rights, preferences, or limitations of the shares they hold, or in the class or series of shares they hold, and such change adversely affects the holders; (b) Shares of any class or series of the surviving or acquiring corporation, or of any parent corporation of the surviving corporation, and the holders who hold or receive shares of that class or series are adversely affected under the proposed plan, as compared to their circumstances prior to the proposed merger or share exchange, by the creation, existence, number of authorized shares, or rights or preferences with respect to distributions or to dissolution, of another class or series of shares of the surviving, acquiring, or parent corporation having rights or preferences with respect to distributions or to dissolution that are, or upon designation by the surviving, acquiring, or parent corporation’s board of 23B.11.035 (2008 Ed.) Merger and Share Exchange directors may be, prior, superior, or substantially equal to the shares of the class or series held or to be received by the holders in the proposed merger or share exchange; or (c) Cash or any other form of consideration other than shares of the surviving or acquiring corporation or of any parent corporation of the surviving corporation, received upon redemption or cancellation of all or part of their shares pursuant to the proposed plan of merger or share exchange. (2) If a proposed plan of merger or share exchange would affect only a series of a class of shares in one or more of the ways described in subsection (1) of this section, only the shares of that series are entitled to vote as a separate voting group on the proposed plan. A voting group entitled to vote separately under this section may never comprise a group of holders smaller than the holders of a single class or series authorized and designated as a class or series in the articles of incorporation, unless otherwise provided in the articles of incorporation or unless the board of directors conditions its submission of the proposed plan on a separate vote by one or more smaller voting groups. (3) If a proposed plan of merger or share exchange, that would otherwise entitle two or more classes or series of shares to vote as separate voting groups under this section, would affect those two or more classes or series in the same or a substantially similar way, then instead of voting as separate voting groups, the shares of all similarly affected classes or series shall vote together as a single voting group on the proposed plan of merger or share exchange, unless otherwise provided in the articles of incorporation or unless the board of directors conditions its submission of the proposed plan on a separate vote by one or more classes or series. Holders of shares of two or more classes or series of shares who will, under a proposed plan, receive the same type of consideration in the form of shares of the surviving or acquiring corporation or of any parent corporation of the surviving corporation, cash or other form of consideration, or the same combination thereof, but in differing amounts resulting solely from application of provisions in the corporation’s articles of incorporation governing distribution of consideration received in a merger or share exchange, are affected in the same or a substantially similar way and are not, by reason of receiving the same types or differing amounts of consideration, entitled to vote as separate voting groups on the proposed plan, unless the articles of incorporation expressly require otherwise or the board of directors conditions its submission of the proposed plan on a separate vote by one or more classes or series. (4) A class or series of shares is entitled to the voting group rights granted by this section although the articles of incorporation generally describe the shares of the class or series as nonvoting shares. The articles of incorporation may, however, limit or deny the voting group rights granted by this section as to any class or series of issued or unissued shares, by means of a provision that makes explicit reference to the limitation or denial of voting group rights that would otherwise apply under this section. [2003 c 35 § 7.] 23B.11.040 23B.11.040 Merger of subsidiary. (1) A parent corporation owning at least ninety percent of the outstanding shares of each class of a subsidiary corporation may merge (2008 Ed.) 23B.11.060 the subsidiary into itself without approval of the shareholders of the parent or subsidiary. (2) The board of directors of the parent shall adopt a plan of merger that sets forth: (a) The names of the parent and subsidiary; and (b) The manner and basis of converting the shares of the subsidiary into shares, obligations, or other securities of the parent or any other corporation or into cash or other property in whole or part. (3) Within ten days after the corporate action is taken, the parent shall deliver a notice to each shareholder of the subsidiary, which notice shall include a copy of the plan of merger. (4) Articles of merger under this section may not contain amendments to the articles of incorporation of the parent corporation, except for amendments enumerated in RCW 23B.10.020. [2002 c 297 § 34; 1989 c 165 § 134.] 23B.11.050 Articles of merger or share exchange. After a plan of merger or share exchange is approved by the shareholders, or adopted by the board of directors if shareholder approval is not required, the surviving or acquiring corporation shall deliver to the secretary of state for filing articles of merger or share exchange setting forth: (1) The plan of merger or share exchange; (2) If shareholder approval was not required, a statement to that effect; or (3) If approval of the shareholders of one or more corporations party to the merger or share exchange was required, a statement that the merger or share exchange was duly approved by the shareholders pursuant to RCW 23B.11.030. [1989 c 165 § 135.] 23B.11.050 23B.11.060 Effect of merger or share exchange. (1) When a merger takes effect: (a) Every other corporation party to the merger merges into the surviving corporation and the separate existence of every corporation except the surviving corporation ceases; (b) The title to all real estate and other property owned by each corporation party to the merger is vested in the surviving corporation without reversion or impairment; (c) The surviving corporation has all liabilities of each corporation party to the merger; (d) A proceeding pending against any corporation party to the merger may be continued as if the merger did not occur or the surviving corporation may be substituted in the proceeding for the corporation whose existence ceased; (e) The articles of incorporation of the surviving corporation are amended to the extent provided in the plan of merger; and (f) The former holders of the shares of every corporation party to the merger are entitled only to the rights provided in the articles of merger or to their rights under chapter 23B.13 RCW. (2) When a share exchange takes effect, the shares of each acquired corporation are exchanged as provided in the plan, and the former holders of the shares are entitled only to the exchange rights provided in the articles of share exchange or to their rights under chapter 23B.13 RCW. [1989 c 165 § 136.] 23B.11.060 [Title 23B RCW—page 39] 23B.11.070 Title 23B RCW: Washington Business Corporation Act 23B.11.070 Merger or share exchange with foreign corporation. (1) One or more foreign corporations may merge or enter into a share exchange with one or more domestic corporations if: (a) In a merger, the merger is permitted by the law of the state or country under whose law each foreign corporation is incorporated and each foreign corporation complies with that law in effecting the merger; (b) In a share exchange, the corporation whose shares will be acquired is a domestic corporation, whether or not a share exchange is permitted by the law of the state or country under whose law the acquiring corporation is incorporated; (c) The foreign corporation complies with RCW 23B.11.050 if it is the surviving corporation of the merger or acquiring corporation of the share exchange; and (d) Each domestic corporation complies with the applicable provisions of RCW 23B.11.010 through 23B.11.040 and, if it is the surviving corporation of the merger or acquiring co rporation of the sh are exchange, with RCW 23B.11.050. (2) Upon the merger or share exchange taking effect, the surviving foreign corporation of a merger and the acquiring foreign corporation of a share exchange is deemed: (a) To appoint the secretary of state as its agent for service of process in a proceeding to enforce any obligation or the rights of dissenting shareholders of each domestic corporation party to the merger or share exchange; and (b) To agree that it will promptly pay to the dissenting shareholders of each domestic corporation party to the merger or share exchange the amount, if any, to which they are entitled under chapter 23B.13 RCW. (3) This section does not limit the power of a foreign corporation to acquire all or part of the shares of one or more classes or series of a domestic corporation through a voluntary exchange or otherwise. [1989 c 165 § 137.] 23B.11.070 23B.11.080 Merger. (1) One or more domestic corporations may merge with one or more limited liability companies, partnerships, or limited partnerships if: (a) The board of directors of each corporation adopts and the shareholders of each corporation approve, if approval would be necessary, the plan of merger as required by RCW 23B.11.030; (b) The partners of each limited partnership approve the plan of merger as required by RCW 25.10.810; (c) The partners of each partnership approve the plan of merger as required by RCW 25.05.375; and (d) The members of each limited liability company approve, if approval is necessary, the plan of merger as required by RCW 25.15.400. (2) The plan of merger must set forth: (a) The name of each limited liability company, partnership, corporation, and limited partnership planning to merge and the name of the surviving limited liability company, partnership, corporation, or limited partnership into which each other limited liability company, partnership, corporation, or limited partnership plans to merge; (b) The terms and conditions of the merger; and (c) The manner and basis of converting the shares of each corporation, the member interests of each limited liability company, and the partnership interests in each partnership 23B.11.080 [Title 23B RCW—page 40] and each limited partnership into shares, limited liability company member interests, partnership interests, obligations[,] or other securities of the surviving limited liability company, partnership, corporation, or limited partnership, or into cash or other property, including shares, obligations, or securities of any other limited liability company, partnership, or corporation, and partnership interests, obligations, or securities of any other limited partnership, in whole or in part. (3) The plan of merger may set forth: (a) Amendments to the articles of incorporation of the surviving corporation; (b) Amendments to the certificate of limited partnership of the surviving limited partnership; and (c) Other provisions relating to the merger. [1998 c 103 § 1310; 1991 c 269 § 38.] 23B.11.090 Articles of merger. After a plan of merger for one or more corporations and one or more limited partnerships, one or more partnerships, or one or more limited liability companies is approved by the shareholders of each corporation (or adopted by the board of directors of any corporation for which shareholder approval is not required), is approved by the partners for each limited partnership as required by RCW 25.10.810, is approved by the partners of each partnership as required by RCW 25.05.380, or is approved by the members of each limited liability company as required by RCW 25.15.400, the surviving entity must: (1) If the surviving entity is a corporation, file with the secretary of state articles of merger setting forth: (a) The plan of merger; (b) A statement that the merger was duly approved by the shareholders of each corporation pursuant to RCW 23B.11.030 (or a statement that shareholder approval was not required for a merging corporation); and (c) A statement that the merger was duly approved by the partners of each limited partnership pursuant to RCW 25.10.810. (2) If the surviving entity is a limited partnership, comply with the requirements in RCW 25.10.820. (3) If the surviving entity is a partnership, comply with the requirements in RCW 25.05.380. (4) If the surviving entity is a limited liability company, comply with the requirements in RCW 25.15.405. [1998 c 103 § 1311; 1991 c 269 § 39.] 23B.11.090 23B.11.100 Merger—Corporation is surviving entity. When a merger of one or more corporations, one or more limited partnerships, one or more partnerships, or one or more limited liability companies takes effect, and a corporation is the surviving entity: (1) Every other corporation, every limited partnership, every partnership, and every limited liability company party to the merger merges into the surviving corporation and the separate existence of every corporation except the surviving corporation, and every limited partnership, partnership, and limited liability company, ceases; (2) The title to all real estate and other property owned by each corporation, limited partnership, partnership, and limited liability company party to the merger is vested in the surviving corporation without reversion or impairment; 23B.11.100 (2008 Ed.) Sale of Assets (3) The surviving corporation has all the liabilities of each corporation, limited partnership, partnership, and limited liability company party to the merger; (4) A proceeding pending against any corporation, limited partnership, partnership, or limited liability company party to the merger may be continued as if the merger did not occur or the surviving corporation may be substituted in the proceeding for the corporation, limited partnership, partnership, or limited liability company whose existence ceased; (5) The articles of incorporation of the surviving corporation are amended to the extent provided in the plan of merger; (6) The former holders of the shares of every corporation party to the merger are entitled only to the rights provided in the plan of merger or to their rights under chapter 23B.13 RCW; and (7) The former holders of partnership interests of every limited partnership or partnership party to the merger and the former holders of member interests of every limited liability company party to the merger are entitled only to the rights provided in the plan of merger or to their rights under chapter 25.10 RCW. [1998 c 103 § 1312; 1991 c 269 § 40.] 23B.11.110 Merger with foreign and domestic entities—Effect. (1) One or more foreign limited partnerships, foreign corporations, foreign partnerships, and foreign limited liability companies may merge with one or more domestic partnerships, domestic limited liability companies, domestic limited partnerships, or domestic corporations, provided that: (a) The merger is permitted by the law of the jurisdiction under which each foreign limited partnership was organized and the law of the state or country under which each foreign corporation was incorporated and each foreign limited partnership or foreign corporation complies with that law in effecting the merger; (b) If the surviving entity is a foreign or domestic corporation, that corporation complies with RCW 23B.11.090; (c) If the surviving entity is a foreign or domestic limited partnership, that limited partnership complies with RCW 25.10.820; (d) Each domestic corporation complies with RCW 23B.11.080; (e) Each domestic limited partnership complies with RCW 25.10.810; (f) Each domestic limited liability company complies with RCW 25.15.400; and (g) Each domestic partnership complies with RCW 25.05.375. (2) Upon the merger taking effect, a surviving foreign corporation, foreign limited partnership, foreign limited liability corporation, or foreign partnership is deemed: (a) To appoint the secretary of state as its agent for service of process in a proceeding to enforce any obligation or the rights of dissenting shareholders or partners of each domestic corporation, domestic limited partnership, domestic limited liability company, or domestic partnership party to the merger; and (b) To agree that it will promptly pay to the dissenting shareholders or partners of each domestic corporation, domestic limited partnership, domestic limited liability com23B.11.110 (2008 Ed.) 23B.12.020 pany, or domestic partnership party to the merger the amount, if any, to which they are entitled under chapter 23B.13 RCW, in the case of dissenting shareholders, or under chapter 25.10, 25.15, or 25.05 RCW, in the case of dissenting partners. [1998 c 103 § 1313; 1991 c 269 § 41.] Chapter 23B.12 Chapter 23B.12 RCW SALE OF ASSETS Sections 23B.12.010 Sale of assets in usual course of business or for benefit of creditors. 23B.12.020 Sale of assets other than in the regular course of business. 23B.12.010 Sale of assets in usual course of business or for benefit of creditors. (1) A corporation may on the terms and conditions and for the consideration determined by the board of directors: (a) Sell, lease, exchange, or otherwise dispose of all, or substantially all, of its property in the usual course of business; or (b) Mortgage, pledge, dedicate to the repayment of indebtedness, whether with or without recourse, or otherwise encumber any or all of its property whether or not any of these actions are in the usual course of business. (2) Unless the articles of incorporation require it, approval by the shareholders of a transaction described in subsection (1) of this section is not required. (3) A dedication of a corporation’s assets to the repayment of its creditors may be effected by the board of directors through an assignment for the benefit of creditors in accordance with chapter 7.08 RCW or by obtaining the appointment of a general receiver in accordance with chapter 7.60 RCW, and the assumption of control over the corporation’s assets by an assignee for the benefit of creditors or by a general receiver relieves the directors of any further duties with respect to the liquidation of the corporation’s assets or the application of any assets or proceeds toward satisfaction of the claims of creditors. [2006 c 52 § 4; 1990 c 178 § 12; 1989 c 165 § 138.] 23B.12.010 Effective date—1990 c 178: See note following RCW 23B.01.220. 23B.12.020 Sale of assets other than in the regular course of business. (1) A corporation may sell, lease, exchange, or otherwise dispose of all, or substantially all, of its property, otherwise than in the usual and regular course of business, on the terms and conditions and for the consideration determined by the corporation’s board of directors, if the board of directors proposes and its shareholders approve the proposed transaction. (2) For a transaction to be authorized: (a) The board of directors must recommend the proposed transaction to the shareholders unless the board of directors determines that because of conflict of interest or other special circumstances it should make no recommendation and communicates the basis for its determination to the shareholders with the submission of the proposed transaction; and (b) The shareholders entitled to vote must approve the transaction. (3) The board of directors may condition its submission of the proposed transaction on any basis, including the affir23B.12.020 [Title 23B RCW—page 41] Chapter 23B.13 Title 23B RCW: Washington Business Corporation Act mative vote of holders of a specified percentage of shares held by any group of shareholders not otherwise entitled under this title or the articles of incorporation to vote as a separate voting group on the proposed transaction. (4) The corporation shall notify each shareholder, whether or not entitled to vote, of the proposed shareholders’ meeting in accordance with RCW 23B.07.050. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the sale, lease, exchange, or other disposition of all, or substantially all, the property of the corporation and contain or be accompanied by a description of the transaction. (5) In addition to any other voting conditions imposed by the board of directors under subsection (3) of this section, the transaction to be authorized must be approved by two-thirds of the voting group comprising all the votes entitled to be cast on the transaction, and of each other voting group entitled under the articles of incorporation to vote separately on the transaction. The articles of incorporation may require a greater or lesser vote than provided in this subsection, or a greater or lesser vote by any separate voting groups provided for in the articles of incorporation, so long as the required vote is not less than a majority of all the votes entitled to be cast on the transaction and of each other voting group entitled to vote separately on the transaction. (6) After a sale, lease, exchange, or other disposition of property is authorized, the transaction may be abandoned, subject to any contractual rights, without further shareholder action, in a manner determined by the board of directors. (7) A transaction that constitutes a distribution is governed by RCW 23B.06.400 and not by this section. [2003 c 35 § 8; 1989 c 165 § 139.] Chapter 23B.13 Chapter 23B.13 RCW DISSENTERS’ RIGHTS Sections 23B.13.010 23B.13.020 23B.13.030 23B.13.200 23B.13.210 23B.13.220 23B.13.230 23B.13.240 23B.13.250 23B.13.260 23B.13.270 23B.13.280 23B.13.300 23B.13.310 Definitions. Right to dissent. Dissent by nominees and beneficial owners. Notice of dissenters’ rights. Notice of intent to demand payment. Dissenters’ rights—Notice. Duty to demand payment. Share restrictions. Payment. Failure to take action. After-acquired shares. Procedure if shareholder dissatisfied with payment or offer. Court action. Court costs and counsel fees. 23B.13.010 Definitions. As used in this chapter: (1) "Corporation" means the issuer of the shares held by a dissenter before the corporate action, or the surviving or acquiring corporation by merger or share exchange of that issuer. (2) "Dissenter" means a shareholder who is entitled to dissent from corporate action under RCW 23B.13.020 and who exercises that right when and in the manner required by RCW 23B.13.200 through 23B.13.280. (3) "Fair value," with respect to a dissenter’s shares, means the value of the shares immediately before the effective date of the corporate action to which the dissenter 23B.13.010 [Title 23B RCW—page 42] objects, excluding any appreciation or depreciation in anticipation of the corporate action unless exclusion would be inequitable. (4) "Interest" means interest from the effective date of the corporate action until the date of payment, at the average rate currently paid by the corporation on its principal bank loans or, if none, at a rate that is fair and equitable under all the circumstances. (5) "Record shareholder" means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. (6) "Beneficial shareholder" means the person who is a beneficial owner of shares held in a voting trust or by a nominee as the record shareholder. (7) "Shareholder" means the record shareholder or the beneficial shareholder. [1989 c 165 § 140.] 23B.13.020 Right to dissent. (1) A shareholder is entitled to dissent from, and obtain payment of the fair value of the shareholder’s shares in the event of, any of the following corporate actions: (a) Consummation of a plan of merger to which the corporation is a party (i) if shareholder approval is required for the merger by RCW 23B.11.030, 23B.11.080, or the articles of incorporation, and the shareholder is entitled to vote on the merger, or (ii) if the corporation is a subsidiary that is merged with its parent under RCW 23B.11.040; (b) Consummation of a plan of share exchange to which the corporation is a party as the corporation whose shares will be acquired, if the shareholder is entitled to vote on the plan; (c) Consummation of a sale or exchange of all, or substantially all, of the property of the corporation other than in the usual and regular course of business, if the shareholder is entitled to vote on the sale or exchange, including a sale in dissolution, but not including a sale pursuant to court order or a sale for cash pursuant to a plan by which all or substantially all of the net proceeds of the sale will be distributed to the shareholders within one year after the date of sale; (d) An amendment of the articles of incorporation, whether or not the shareholder was entitled to vote on the amendment, if the amendment effects a redemption or cancellation of all of the shareholder’s shares in exchange for cash or other consideration other than shares of the corporation; or (e) Any corporate action taken pursuant to a shareholder vote to the extent the articles of incorporation, bylaws, or a resolution of the board of directors provides that voting or nonvoting shareholders are entitled to dissent and obtain payment for their shares. (2) A shareholder entitled to dissent and obtain payment for the shareholder’s shares under this chapter may not challenge the corporate action creating the shareholder’s entitlement unless the action fails to comply with the procedural requirements imposed by this title, RCW 25.10.900 through 25.10.955, the articles of incorporation, or the bylaws, or is fraudulent with respect to the shareholder or the corporation. (3) The right of a dissenting shareholder to obtain payment of the fair value of the shareholder’s shares shall terminate upon the occurrence of any one of the following events: 23B.13.020 (2008 Ed.) Dissenters’ Rights (a) The proposed corporate action is abandoned or rescinded; (b) A court having jurisdiction permanently enjoins or sets aside the corporate action; or (c) The shareholder’s demand for payment is withdrawn with the written consent of the corporation. [2003 c 35 § 9; 1991 c 269 § 37; 1989 c 165 § 141.] 23B.13.030 Dissent by nominees and beneficial owners. (1) A record shareholder may assert dissenters’ rights as to fewer than all the shares registered in the shareholder’s name only if the shareholder dissents with respect to all shares beneficially owned by any one person and delivers to the corporation a notice of the name and address of each person on whose behalf the shareholder asserts dissenters’ rights. The rights of a partial dissenter under this subsection are determined as if the shares as to which the dissenter dissents and the dissenter’s other shares were registered in the names of different shareholders. (2) A beneficial shareholder may assert dissenters’ rights as to shares held on the beneficial shareholder’s behalf only if: (a) The beneficial shareholder submits to the corporation the record shareholder’s consent to the dissent not later than the time the beneficial shareholder asserts dissenters’ rights, which consent shall be set forth either (i) in a record or (ii) if the corporation has designated an address, location, or system to which the consent may be electronically transmitted and the consent is electronically transmitted to the designated address, location, or system, in an electronically transmitted record; and (b) The beneficial shareholder does so with respect to all shares of which such shareholder is the beneficial shareholder or over which such shareholder has power to direct the vote. [2002 c 297 § 35; 1989 c 165 § 142.] 23B.13.030 23B.13.200 Notice of dissenters’ rights. (1) If proposed corporate action creating dissenters’ rights under RCW 23B.13.020 is submitted to a vote at a shareholders’ meeting, the meeting notice must state that shareholders are or may be entitled to assert dissenters’ rights under this chapter and be accompanied by a copy of this chapter. (2) If corporate action creating dissenters’ rights under RCW 23B.13.020 is taken without a vote of shareholders, the corporation, within ten days after the effective date of such corporate action, shall deliver a notice to all shareholders entitled to assert dissenters’ rights that the action was taken and send them the notice described in RCW 23B.13.220. [2002 c 297 § 36; 1989 c 165 § 143.] 23B.13.200 23B.13.210 Notice of intent to demand payment. (1) If proposed corporate action creating dissenters’ rights under RCW 23B.13.020 is submitted to a vote at a shareholders’ meeting, a shareholder who wishes to assert dissenters’ rights must (a) deliver to the corporation before the vote is taken notice of the shareholder’s intent to demand payment for the shareholder’s shares if the proposed action is effected, and (b) not vote such shares in favor of the proposed action. (2) A shareholder who does not satisfy the requirements of subsection (1) of this section is not entitled to payment for 23B.13.210 (2008 Ed.) 23B.13.250 the shareholder’s shares under this chapter. [2002 c 297 § 37; 1989 c 165 § 144.] 23B.13.220 Dissenters’ rights—Notice. (1) If proposed corporate action creating dissenters’ rights under RCW 23B.13.020 is authorized at a shareholders’ meeting, the corporation shall deliver a notice to all shareholders who satisfied the requirements of RCW 23B.13.210. (2) The notice must be sent within ten days after the effective date of the corporate action, and must: (a) State where the payment demand must be sent and where and when certificates for certificated shares must be deposited; (b) Inform holders of uncertificated shares to what extent transfer of the shares will be restricted after the payment demand is received; (c) Supply a form for demanding payment that includes the date of the first announcement to news media or to shareholders of the terms of the proposed corporate action and requires that the person asserting dissenters’ rights certify whether or not the person acquired beneficial ownership of the shares before that date; (d) Set a date by which the corporation must receive the payment demand, which date may not be fewer than thirty nor more than sixty days after the date the notice in subsection (1) of this section is delivered; and (e) Be accompanied by a copy of this chapter. [2002 c 297 § 38; 1989 c 165 § 145.] 23B.13.220 23B.13.230 Duty to demand payment. (1) A shareholder sent a notice described in RCW 23B.13.220 must demand payment, certify whether the shareholder acquired beneficial ownership of the shares before the date required to be set forth in the notice pursuant to RCW 23B.13.220(2)(c), and deposit the shareholder’s certificates, all in accordance with the terms of the notice. (2) The shareholder who demands payment and deposits the shareholder’s share certificates under subsection (1) of this section retains all other rights of a shareholder until the proposed corporate action is effected. (3) A shareholder who does not demand payment or deposit the shareholder’s share certificates where required, each by the date set in the notice, is not entitled to payment for the shareholder’s shares under this chapter. [2002 c 297 § 39; 1989 c 165 § 146.] 23B.13.230 23B.13.240 Share restrictions. (1) The corporation may restrict the transfer of uncertificated shares from the date the demand for their payment is received until the proposed corporate action is effected or the restriction is released under RCW 23B.13.260. (2) The person for whom dissenters’ rights are asserted as to uncertificated shares retains all other rights of a shareholder until the effective date of the proposed corporate action. [1989 c 165 § 147.] 23B.13.240 23B.13.250 Payment. (1) Except as provided in RCW 23B.13.270, within thirty days of the later of the effective date of the proposed corporate action, or the date the payment demand is received, the corporation shall pay each dissenter 23B.13.250 [Title 23B RCW—page 43] 23B.13.260 Title 23B RCW: Washington Business Corporation Act who complied with RCW 23B.13.230 the amount the corporation estimates to be the fair value of the shareholder’s shares, plus accrued interest. (2) The payment must be accompanied by: (a) The corporation’s balance sheet as of the end of a fiscal year ending not more than sixteen months before the date of payment, an income statement for that year, a statement of changes in shareholders’ equity for that year, and the latest available interim financial statements, if any; (b) An explanation of how the corporation estimated the fair value of the shares; (c) An explanation of how the interest was calculated; (d) A statement of the dissenter’s right to demand payment under RCW 23B.13.280; and (e) A copy of this chapter. [1989 c 165 § 148.] 23B.13.260 23B.13.260 Failure to take action. (1) If the corporation does not effect the proposed action within sixty days after the date set for demanding payment and depositing share certificates, the corporation shall return the deposited certificates and release any transfer restrictions imposed on uncertificated shares. (2) If after returning deposited certificates and releasing transfer restrictions, the corporation wishes to undertake the proposed action, it must send a new dissenters’ notice under RCW 23B.13.220 and repeat the payment demand procedure. [1989 c 165 § 149.] 23B.13.270 23B.13.270 After-acquired shares. (1) A corporation may elect to withhold payment required by RCW 23B.13.250 from a dissenter unless the dissenter was the beneficial owner of the shares before the date set forth in the dissenters’ notice as the date of the first announcement to news media or to shareholders of the terms of the proposed corporate action. (2) To the extent the corporation elects to withhold payment under subsection (1) of this section, after taking the proposed corporate action, it shall estimate the fair value of the shares, plus accrued interest, and shall pay this amount to each dissenter who agrees to accept it in full satisfaction of the dissenter’s demand. The corporation shall send with its offer an explanation of how it estimated the fair value of the shares, an explanation of how the interest was calculated, and a statement of the dissenter’s right to demand payment under RCW 23B.13.280. [1989 c 165 § 150.] 23B.13.280 23B.13.280 Procedure if shareholder dissatisfied with payment or offer. (1) A dissenter may deliver a notice to the corporation informing the corporation of the dissenter’s own estimate of the fair value of the dissenter’s shares and amount of interest due, and demand payment of the dissenter’s estimate, less any payment under RCW 23B.13.250, or reject the corporation’s offer under RCW 23B.13.270 and demand payment of the dissenter’s estimate of the fair value of the dissenter’s shares and interest due, if: (a) The dissenter believes that the amount paid under RCW 23B.13.250 or offered under RCW 23B.13.270 is less than the fair value of the dissenter’s shares or that the interest due is incorrectly calculated; [Title 23B RCW—page 44] (b) The corporation fails to make payment under RCW 23B.13.250 within sixty days after the date set for demanding payment; or (c) The corporation does not effect the proposed action and does not return the deposited certificates or release the transfer restrictions imposed on uncertificated shares within sixty days after the date set for demanding payment. (2) A dissenter waives the right to demand payment under this section unless the dissenter notifies the corporation of the dissenter’s demand under subsection (1) of this section within thirty days after the corporation made or offered payment for the dissenter’s shares. [2002 c 297 § 40; 1989 c 165 § 151.] 23B.13.300 Court action. (1) If a demand for payment under RCW 23B.13.280 remains unsettled, the corporation shall commence a proceeding within sixty days after receiving the payment demand and petition the court to determine the fair value of the shares and accrued interest. If the corporation does not commence the proceeding within the sixtyday period, it shall pay each dissenter whose demand remains unsettled the amount demanded. (2) The corporation shall commence the proceeding in the superior court of the county where a corporation’s principal office, or, if none in this state, its registered office, is located. If the corporation is a foreign corporation without a registered office in this state, it shall commence the proceeding in the county in this state where the registered office of the domestic corporation merged with or whose shares were acquired by the foreign corporation was located. (3) The corporation shall make all dissenters, whether or not residents of this state, whose demands remain unsettled, parties to the proceeding as in an action against their shares and all parties must be served with a copy of the petition. Nonresidents may be served by registered or certified mail or by publication as provided by law. (4) The corporation may join as a party to the proceeding any shareholder who claims to be a dissenter but who has not, in the opinion of the corporation, complied with the provisions of this chapter. If the court determines that such shareholder has not complied with the provisions of this chapter, the shareholder shall be dismissed as a party. (5) The jurisdiction of the court in which the proceeding is commenced under subsection (2) of this section is plenary and exclusive. The court may appoint one or more persons as appraisers to receive evidence and recommend decision on the question of fair value. The appraisers have the powers described in the order appointing them, or in any amendment to it. The dissenters are entitled to the same discovery rights as parties in other civil proceedings. (6) Each dissenter made a party to the proceeding is entitled to judgment (a) for the amount, if any, by which the court finds the fair value of the dissenter’s shares, plus interest, exceeds the amount paid by the corporation, or (b) for the fair value, plus accrued interest, of the dissenter’s after-acquired shares for which the corporation elected to withhold payment under RCW 23B.13.270. [1989 c 165 § 152.] 23B.13.300 23B.13.310 Court costs and counsel fees. (1) The court in a proceeding commenced under RCW 23B.13.300 23B.13.310 (2008 Ed.) Dissolution shall determine all costs of the proceeding, including the reasonable compensation and expenses of appraisers appointed by the court. The court shall assess the costs against the corporation, except that the court may assess the costs against all or some of the dissenters, in amounts the court finds equitable, to the extent the court finds the dissenters acted arbitrarily, vexatiously, or not in good faith in demanding payment under RCW 23B.13.280. (2) The court may also assess the fees and expenses of counsel and experts for the respective parties, in amounts the court finds equitable: (a) Against the corporation and in favor of any or all dissenters if the court finds the corporation did not substantially comply with the requirements of RCW 23B.13.200 through 23B.13.280; or (b) Against either the corporation or a dissenter, in favor of any other party, if the court finds that the party against whom the fees and expenses are assessed acted arbitrarily, vexatiously, or not in good faith with respect to the rights provided by chapter 23B.13 RCW. (3) If the court finds that the services of counsel for any dissenter were of substantial benefit to other dissenters similarly situated, and that the fees for those services should not be assessed against the corporation, the court may award to these counsel reasonable fees to be paid out of the amounts awarded the dissenters who were benefited. [1989 c 165 § 153.] 23B.14.030 incorporators, of a corporation that has not issued shares may authorize dissolution of the corporation. (2) Unless prohibited by the articles of incorporation, a majority of the board of directors may authorize dissolution of the corporation without approval by the shareholders, upon a finding by the board of directors that: (a) The corporation is not able to pay its liabilities as they become due in the usual course of business, or the corporation’s assets are less than the sum of its total liabilities; and (b) Ten or more days have elapsed since the corporation gave notice to all shareholders, whether or not they would otherwise be entitled to vote under RCW 23B.14.020, of the intent of the board of directors to authorize dissolution under this subsection. [2006 c 52 § 5; 1989 c 165 § 154.] 23B.14.010 Dissolution by initial directors, incorporators, or board of directors. 23B.14.020 Dissolution by board of directors and shareholders. 23B.14.030 Articles of dissolution—Publication of notice. 23B.14.040 Revocation of dissolution. 23B.14.050 Effect of dissolution. 23B.14.060 Known claims against a dissolved corporation. 23B.14.065 Form and adequacy of satisfaction of claims—Application to and determination by court. 23B.14.070 Holder of an unpaid claim—Proceeding against dissolved corporation to collect amount of claim. 23B.14.200 Administrative dissolution—Grounds. 23B.14.203 Administrative dissolution or revocation of a certificate of authority—Corporation name not distinguishable from name of governmental entity—Application by governmental entity. 23B.14.210 Administrative dissolution—Procedure and effect. 23B.14.220 Reinstatement following administrative dissolution—Application. 23B.14.300 Judicial dissolution—Grounds. 23B.14.310 Judicial dissolution or supervision of voluntary dissolution— Procedure. 23B.14.320 General or custodial receivership. 23B.14.330 Decree of dissolution—Other orders, decrees, and injunctions—Revenue clearance certificate. 23B.14.340 Survival of remedy after dissolution. 23B.14.390 Secretary of state—List of corporations dissolved. 23B.14.392 Certificate of authority as insurance company—Filing of records. 23B.14.400 Deposit with state treasurer. 23B.14.020 Dissolution by board of directors and shareholders. (1) A corporation’s board of directors may propose dissolution for submission to the shareholders. (2) For a proposal to dissolve to be adopted: (a) The board of directors must recommend dissolution to the shareholders unless the board of directors determines that because of conflict of interest or other special circumstances it should make no recommendation and communicates the basis for its determination to the shareholders; and (b) The shareholders entitled to vote must approve the proposal to dissolve as provided in subsection (5) of this section. (3) The board of directors may condition its submission of the proposal for dissolution on any basis, including the affirmative vote of holders of a specified percentage of shares held by any group of shareholders not otherwise entitled under this title or the articles of incorporation to vote as a separate voting group on the proposed dissolution. (4) The corporation shall notify each shareholder, whether or not entitled to vote, of the proposed dissolution either (a) by giving notice of a shareholders’ meeting in accordance with RCW 23B.07.050 and stating that the purpose or one of the purposes of the meeting is to consider dissolving the corporation, or (b) in accordance with the requirements of RCW 23B.07.040 for taking action on the proposal without a meeting. (5) In addition to any other voting conditions imposed by the board of directors under subsection (3) of this section, the proposal to dissolve must be approved by two-thirds of the voting group comprising all the votes entitled to be cast on the proposal, and of each other voting group entitled under the articles of incorporation to vote separately on the proposal. The articles of incorporation may require a greater or lesser vote than provided in this subsection, or a greater or lesser vote by any separate voting groups provided for in the articles of incorporation, so long as the required vote is not less than a majority of all the votes entitled to be cast on the proposal and of each other voting group entitled to vote separately on the proposal. [2006 c 52 § 6; 2003 c 35 § 10; 1989 c 165 § 155.] 23B.14.010 Dissolution by initial directors, incorporators, or board of directors. (1) A majority of the initial directors, or, if initial directors were not named in the articles of incorporation and have not been elected, a majority of the 23B.14.030 Articles of dissolution—Publication of notice. (1) At any time after dissolution is authorized under RCW 23B.14.010 or 23B.14.020, the corporation may dissolve by delivering to the secretary of state for filing: Chapter 23B.14 Chapter 23B.14 RCW DISSOLUTION Sections 23B.14.010 (2008 Ed.) 23B.14.020 23B.14.030 [Title 23B RCW—page 45] 23B.14.040 Title 23B RCW: Washington Business Corporation Act (a) A copy of a revenue clearance certificate issued pursuant to RCW 82.32.260; and (b) Articles of dissolution setting forth: (i) The name of the corporation; (ii) The date dissolution was authorized; and (iii) A statement that dissolution was duly authorized by the initial directors, the incorporators, or the board of directors in accordance with RCW 23B.14.010, or was duly proposed by the board of directors and approved by the shareholders in accordance with RCW 23B.14.020. (2) A corporation is dissolved upon the effective date of its articles of dissolution. (3) A dissolved corporation shall, within thirty days after the effective date of its articles of dissolution, publish notice of its dissolution and request that persons with claims against the dissolved corporation present them in accordance with the notice. The notice must be published once a week for three consecutive weeks in a newspaper of general circulation in the county where the dissolved corporation’s principal office (or, if none in this state, its registered office) is or was last located. The notice must also describe the information that must be included in a claim, provide a mailing address where a claim may be sent, and state that claims against the dissolved corporation may be barred in accordance with the provisions of this chapter if not timely asserted. A dissolved corporation’s failure to publish notice in accordance with this subsection does not affect the validity or the effective date of its dissolution. (4) For purposes of this chapter, "dissolved corporation" means a corporation whose dissolution has been authorized in accordance with RCW 23B.14.010 or 23B.14.020 and whose articles of dissolution have become effective, and includes any trust or other successor entity to which the remaining assets of such a corporation are transferred subject to its liabilities for purposes of liquidation in accordance with RCW 23B.14.050. [2006 c 52 § 7; 1989 c 165 § 156.] 23B.14.040 Revocation of dissolution. (1) A corporation may revoke its dissolution within one hundred twenty days of its effective date. (2) Revocation of dissolution must be authorized in the same manner as the dissolution was authorized unless that authorization permitted revocation by action of the board of directors alone, in which event the board of directors may revoke the dissolution without shareholder action. (3) After the revocation of dissolution is authorized, the corporation may revoke the dissolution by delivering to the secretary of state for filing articles of revocation of dissolution, together with a copy of its articles of dissolution, that set forth: (a) The name of the corporation and a statement that such name satisfies the requirements of RCW 23B.04.010; if the name is not available, the corporation must file articles of amendment changing its name with the articles of revocation of dissolution; (b) The effective date of the dissolution that was revoked; (c) The date that the revocation of dissolution was authorized; (d) If the corporation’s board of directors, or incorporators, revoked the dissolution, a statement to that effect; 23B.14.040 [Title 23B RCW—page 46] (e) If the corporation’s board of directors revoked a dissolution authorized by the shareholders, a statement that revocation was permitted by action by the board of directors alone pursuant to that authorization; and (f) If shareholder action was required to revoke the dissolution, a statement that revocation of the dissolution was duly approved by the shareholders in accordance with RCW 23B.14.040(2) and 23B.14.020. (4) Revocation of dissolution is effective upon the effective date of the articles of revocation of dissolution. (5) When the revocation of dissolution is effective, it relates back to and takes effect as of the effective date of the dissolution and the corporation resumes carrying on its business as if dissolution had never occurred. [1989 c 165 § 157.] 23B.14.050 Effect of dissolution. (1) A dissolved corporation continues its corporate existence but may not carry on any business except that appropriate to wind up and liquidate its business and affairs, including: (a) Collecting its assets; (b) Disposing of its properties that will be applied toward satisfaction or making reasonable provision for satisfaction of its liabilities or will otherwise not be distributed in kind to its shareholders, but in any case subject to applicable liens and security interests as well as any applicable contractual restrictions on the disposition of its properties; (c) Satisfying or making reasonable provision for satisfying its liabilities, in accordance with their priorities as established by law, and on a pro rata basis within each class of liabilities; (d) Subject to the limitations imposed by RCW 23B.06.400, distributing its remaining property among its shareholders according to their interests; and (e) Doing every other act necessary to wind up and liquidate its business and affairs. (2) Except as otherwise provided in this chapter, dissolution of a corporation does not: (a) Transfer title to the corporation’s property; (b) Prevent transfer of its shares or securities, although the authorization to dissolve may provide for closing the corporation’s share transfer records; (c) Subject its directors or officers to standards of conduct different from those prescribed in chapter 23B.08 RCW; (d) Change quorum or voting requirements for its board of directors or shareholders; change provisions for selection, resignation, or removal of its directors or officers or both; or change provisions for amending its bylaws; (e) Prevent commencement of a proceeding by or against the corporation in its corporate name; (f) Abate or suspend a proceeding pending by or against the corporation on the effective date of dissolution; or (g) Terminate the authority of the registered agent of the corporation. (3) A dissolved corporation’s board of directors may make a determination that reasonable provision for the satisfaction of any liability, whether arising in tort or by contract, statute, or otherwise, and whether matured or unmatured, contingent, or conditional, has been made by means of a purchase of insurance coverage, provision of security therefor, contractual assumption thereof by a solvent person, or any other means, that the board of directors determines is reason23B.14.050 (2008 Ed.) Dissolution ably calculated to provide for satisfaction of the reasonably estimated amount of such liability. Upon making such a determination, the board of directors shall, for purposes of determining whether a subsequent distribution to shareholders is prohibited under RCW 23B.06.400(2), be entitled to treat such liability as fully satisfied by the assets used or committed in order to make such provision. In making determinations under RCW 23B.06.400(2), the board of directors of a dissolved corporation may also disregard, and make no provision for the satisfaction of, any liabilities that are barred in accordance with RCW 23B.14.060(2), or that may exceed any provision for their satisfaction ordered by a superior court pursuant to RCW 23B.14.065, or that the board of directors does not consider, based on the facts known to it, reasonably likely to arise prior to expiration of the survival period specified in RCW 23B.14.340. (4) The board of directors of a dissolved corporation may at any time petition to have the dissolution continued under court supervision in accordance with RCW 23B.14.300, or, upon a finding that the corporation is not able to pay its liabilities as they become due in the usual course of business or that its assets are less than the sum of its total liabilities, may dedicate the corporation’s assets to the repayment of its creditors by making an assignment for the benefit of creditors in accordance with chapter 7.08 RCW or obtaining the appointment of a general receiver in accordance with chapter 7.60 RCW. The assumption of control over the corporation’s assets by a court, an assignee for the benefit of creditors, or a general receiver relieves the directors of any further duties with respect to the liquidation of the corporation’s assets or the application of any assets or proceeds toward satisfaction of its liabilities. (5) Actions and decisions to be taken by a corporation that has been dissolved under RCW 23B.14.030 or 23B.14.210, which are within the scope of activities permitted in this chapter, may be taken by the corporation’s board of directors and, if required, by its shareholders, membership in both groups determined as of the effective date of the dissolution. If vacancies in the board of directors occur after the effective date of dissolution, the shareholders, or the remaining directors, even if less than a quorum of the board, may fill the vacancies. A special meeting of the shareholders for purposes of authorizing any action required or permitted to be authorized by shareholders, or for purposes of electing directors, may be called by any person who was an officer, director, or shareholder of the corporation at the effective date of the dissolution. [2006 c 52 § 8; 1989 c 165 § 158.] 23B.14.060 Known claims against a dissolved corporation. (1) A dissolved corporation that has published notice of its dissolution in accordance with RCW 23B.14.030(3) may dispose of any or all of the known claims against it by giving written notice of its dissolution to the holders of the known claims at any time after the effective date of dissolution. The written notice of dissolution must: (a) Provide, for each known claim of the holder to whom the notice is addressed that is sought to be disposed of under this section, either (i) a general description of the known facts specified in subsection (3)(b)(i) or (ii) of this section relating to a matured and legally assertable claim or liability, or (ii) an identification of the executory contract with respect to which 23B.14.065 unmatured, conditional, or contingent claims or liabilities are sought to be disposed of under this section; (b) Provide a mailing address where a notice of claim may be sent; (c) State the deadline, which may not be fewer than one hundred twenty days from the effective date of the written notice of dissolution, by which a written notice of claim must be delivered to the dissolved corporation; (d) State that the known claim will be barred if a written notice of claim describing the known claim with reasonable particularity is not delivered to the dissolved corporation by the deadline; and (e) State that the known claim or any executory contract on which the known claim is based may be rejected by the dissolved corporation, in which case the holder of the known claim will have a limited period of ninety days from the effective date of the rejection notice in which to commence a proceeding to enforce the known claim. (2) A known claim against the dissolved corporation is barred: (a) If the holder of the known claim who was given written notice of dissolution under subsection (1) of this section does not deliver the written notice of claim to the dissolved corporation by the deadline; or (b) If a holder of a known claim that was rejected by the dissolved corporation does not commence a proceeding to enforce the known claim within ninety days from the effective date of the rejection notice. (3) For purposes of this section, "known claim" means any claim or liability: (a) That either: (i) Has matured sufficiently, before or after the effective date of the dissolution, to be legally capable of assertion against the dissolved corporation, whether or not the amount of the claim or liability is known or determinable; or (ii) is unmatured, conditional, or otherwise contingent but may subsequently arise under any executory contract to which the dissolved corporation is a party, other than under an implied or statutory warranty as to any product manufactured, sold, distributed, or handled by the dissolved corporation; and (b) As to which the dissolved corporation has knowledge of the identity and the mailing address of the holder of the claim or liability and, in the case of a matured and legally assertable claim or liability, actual knowledge of existing facts that either (i) could be asserted to give rise to, or (ii) indicate an intention by the holder to assert, such a matured claim or liability. [2006 c 52 § 9; 1989 c 165 § 159.] 23B.14.060 (2008 Ed.) 23B.14.065 Form and adequacy of satisfaction of claims—Application to and determination by court. (1) A dissolved corporation that has published notice of its dissolution in accordance with RCW 23B.14.030(3) may file an application, with the superior court of the county where its principal office or, if none in this state, its registered office is located, for a determination of: (a) The amount and form of reasonable provision to be made for the satisfaction of any one or more claims or liabilities, known or unknown, arising in tort or by contract, statute or otherwise, matured or unmatured, contingent or conditional, that have arisen or are reasonably likely to arise prior 23B.14.065 [Title 23B RCW—page 47] 23B.14.070 Title 23B RCW: Washington Business Corporation Act to expiration of the survival period specified in RCW 23B.14.340; or (b) Whether the provision made or proposed to be made by the board of directors for the satisfaction of any one or more claims or liabilities is reasonable. Any determination under this subsection is conclusive for purposes of determining the legality of any subsequent distributions under RCW 23B.06.400 and 23B.14.050(3). (2) Within ten days after filing the application, the dissolved corporation shall give written notice of the judicial proceeding to each person to whom written notice has been given pursuant to RCW 23B.14.060 and each other person whose claim or potential claim, identity, and mailing address are known to the dissolved corporation. However, written notice of the judicial proceeding need not be given to any person whose claim or potential claim is not sought to be determined under the application filed by the dissolved corporation. (3) The superior court may appoint a guardian ad litem to represent all persons whose claims or potential claims are sought to be determined in the judicial proceeding but whose identities or mailing addresses are not known to the dissolved corporation. The reasonable fees and expenses of the guardian, including all reasonable expert witness fees, shall be paid by the dissolved corporation. (4) Provision by the dissolved corporation for satisfaction of claims or potential claims in the amount and form ordered by the superior court shall satisfy the dissolved corporation’s obligations with respect to those claims or potential claims, and any further or greater claims based on the same facts, dealings, or contract shall be barred. [2006 c 52 § 10.] 23B.14.070 Holder of an unpaid claim—Proceeding against dissolved corporation to collect amount of claim. (1) The holder of an unpaid claim against a dissolved corporation that is not barred under RCW 23B.14.060(2) or 23B.14.065(4) or by expiration of the survival period specified in RCW 23B.14.340 may, within the statute of limitations applicable to the claim, commence a proceeding against the dissolved corporation to collect the amount of the claim from any remaining undistributed assets of the corporation. If the undistributed assets of the corporation are not or may not be sufficient to satisfy the amount of the unpaid claim, and there have been distributions to shareholders as to which the limitations period specified in RCW 23B.08.310(5) has not expired at the time the proceeding is commenced, the holder of the unpaid claim may include as a part of the relief claimed against the dissolved corporation a petition to compel the dissolved corporation to collect any amounts owing to it by directors or shareholders under RCW 23B.08.310 and to apply the collections toward payment of the claim. The filing of such a petition to compel the corporation to collect unlawfully distributed amounts from directors or shareholders tolls the limitations periods specified in RCW 23B.08.310(5) and 23B.14.340 with respect to the unpaid claim, as to directors and shareholders who may be liable under RCW 23B.08.310. If the dissolved corporation fails, within a reasonable period of time after the filing of such a petition to compel it to collect amounts owing under RCW 23B.08.310, to join those directors and shareholders who may be liable for the amounts, the 23B.14.070 [Title 23B RCW—page 48] holder of the unpaid claim may join those directors and shareholders as additional defendants in the proceeding. The holder of the unpaid claim may also join all directors and shareholders who may be liable under RCW 23B.08.310 as additional defendants in the proceeding, at any time upon establishing to the satisfaction of the court that any of such shareholders, with intent to delay or defraud or place property beyond the reach of the corporation’s creditors, has removed or is about to remove from this state, or has assigned, secreted, or disposed of, or is about to assign, secrete, or dispose of, any of the property distributed by the corporation as to which the shareholder may be liable under RCW 23B.08.310(3). Except as permitted by this section, the holder of the unpaid claim may not, by means of any proceeding or otherwise, seek to enforce the claim directly against any of the dissolved corporation’s officers or directors in those capacities, or against any of its shareholders on account of their receipt of distributions after the effective date of dissolution. (2) Claims against a dissolved corporation that are barred under RCW 23B.14.060(2) or 23B.14.065(4) or by expiration of the survival period specified in RCW 23B.14.340 may not be enforced against the dissolved corporation, any of its officers or directors in those capacities, or any of its shareholders on account of their receipt of distributions after the effective date of dissolution. [2006 c 52 § 11.] 23B.14.200 Administrative dissolution—Grounds. The secretary of state may administratively dissolve a corporation under RCW 23B.14.210 if: (1) The corporation does not pay any license fees or penalties, imposed by this title, when they become due; (2) The corporation does not deliver its completed initial report or annual report to the secretary of state when it is due; (3) The corporation is without a registered agent or registered office in this state; (4) The corporation does not notify the secretary of state that its registered agent or registered office has been changed, that its registered agent has resigned, or that its registered office has been discontinued; (5) The corporation’s period of duration stated in its articles of incorporation expired after July 1, 1990; or (6) The corporation’s period of duration stated in its articles of incorporation expired prior to July 1, 1990, but the corporation has timely paid all license fees imposed by this title and set by rule by the secretary, has timely filed annual reports with the secretary of state, has never been without a registered agent or registered office in this state for sixty days or more, and has never failed to notify the secretary of state of changes in a registered agent or registered office within sixty days of such change. [1994 c 287 § 7; 1991 c 72 § 37; 1990 c 178 § 5; 1989 c 165 § 160.] 23B.14.200 Effective date—1990 c 178: See note following RCW 23B.01.220. 23B.14.203 Administrative dissolution or revocation of a certificate of authority—Corporation name not distinguishable from name of governmental entity—Application by governmental entity. (1) Any county, city, town, district, or other political subdivision of the state, or the state of Washington or any department or agency of the state, may 23B.14.203 (2008 Ed.) Dissolution apply to the secretary of state for the administrative dissolution, or the revocation of a certificate of authority, of any corporation using a name that is not distinguishable from the name of the applicant for dissolution. The application must state the precise legal name of the governmental entity and its date of formation and the applicant shall mail a copy to the corporation’s registered agent. If the name of the corporation is not distinguishable from the name of the applicant, then, except as provided in subsection (4) of this section, the secretary shall commence proceedings for administrative dissolution under RCW 23B.14.210 or revocation of the certificate of authority. (2) A name may not be considered distinguishable by virtue of: (a) A variation in any of the following designations, or in the order in which the designation appears with respect to other words in the name: "County"; "city"; "town"; "district"; or "department"; (b) The addition of any of the designations listed in RCW 23B.04.010(1)(a); (c) The addition or deletion of an article or conjunction such as "the" or "and" from the same name; (d) Punctuation, capitalization, or special characters or symbols in the same name; or (e) Use of an abbreviation or the plural form of a word in the same name. (3)(a) The following are not distinguishable for purposes of this section: (i) "City of Anytown" and "City of Anytown, Inc."; and (ii) "City of Anytown" and "Anytown City." (b) The following are distinguishable for purposes of this section: (i) "City of Anytown" and "Anytown, Inc."; (ii) "City of Anytown" and "The Anytown Company"; and (iii) "City of Anytown" and "Anytown Cafe, Inc." (4) If the corporation that is the subject of the application was incorporated or certified before the formation of the applicant as a governmental entity, then this section applies only if the applicant for dissolution provides a certified copy of a final judgment of a court of competent jurisdiction determining that the applicant holds a superior property right to the name than does the corporation. (5) The duties of the secretary of state under this section are ministerial. [1997 c 12 § 1.] 23B.14.210 Administrative dissolution—Procedure and effect. (1) If the secretary of state determines that one or more grounds exist under RCW 23B.14.200 or 23B.14.203 for dissolving a corporation, the secretary of state shall give the corporation written notice of the determination by firstclass mail, postage prepaid. (2) If the corporation does not correct each ground for dissolution or demonstrate to the reasonable satisfaction of the secretary of state that each ground determined by the secretary of state does not exist within sixty days after notice is effective, the secretary of state shall administratively dissolve the corporation and give the corporation written notice of the dissolution that recites the ground or grounds therefor and its effective date. 23B.14.210 (2008 Ed.) 23B.14.300 (3) A corporation administratively dissolved continues its corporate existence but may not carry on any business except that necessary to wind up and liquidate its business and affairs in a manner consistent with RCW 23B.14.050. (4) The administrative dissolution of a corporation does not terminate the authority of its registered agent. [2006 c 52 § 12; 1989 c 165 § 161.] 23B.14.220 Reinstatement following administrative dissolution—Application. (1) A corporation administratively dissolved under RCW 23B.14.210 may apply to the secretary of state for reinstatement within five years after the effective date of dissolution. The application must: (a) Recite the name of the corporation and the effective date of its administrative dissolution; (b) State that the ground or grounds for dissolution either did not exist or have been eliminated; and (c) State that the corporation’s name satisfies the requirements of RCW 23B.04.010. (2) If the secretary of state determines that the application contains the information required by subsection (1) of this section and that the name is available, the secretary of state shall reinstate the corporation and give the corporation written notice of the reinstatement that recites the effective date of reinstatement. If the name is not available, the corporation must file articles of amendment changing its name with its application for reinstatement. (3) When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the corporation resumes carrying on its business as if the administrative dissolution had never occurred. [2006 c 52 § 13; 1995 c 47 § 2; 1989 c 165 § 162.] 23B.14.220 23B.14.300 Judicial dissolution—Grounds. The superior courts may dissolve a corporation: (1) In a proceeding by the attorney general if it is established that: (a) The corporation obtained its articles of incorporation through fraud; or (b) The corporation has continued to exceed or abuse the authority conferred upon it by law; (2) In a proceeding by a shareholder if it is established that: (a) The directors are deadlocked in the management of the corporate affairs, the shareholders are unable to break the deadlock, and irreparable injury to the corporation is threatened or being suffered, or the business and affairs of the corporation can no longer be conducted to the advantage of the shareholders generally, because of the deadlock; (b) The directors or those in control of the corporation have acted, are acting, or will act in a manner that is illegal, oppressive, or fraudulent; (c) The shareholders are deadlocked in voting power and have failed, for a period that includes at least two consecutive annual meeting dates, to elect successors to directors whose terms have expired, and irreparable injury to the corporation is threatened or being suffered, or the business and affairs of the corporation can no longer be conducted to the advantage of the shareholders generally, because of the deadlock; 23B.14.300 [Title 23B RCW—page 49] 23B.14.310 Title 23B RCW: Washington Business Corporation Act (d) The corporate assets are being misapplied or wasted; or (e) The corporation has ceased all business activity and has failed, within a reasonable time, to dissolve, to liquidate its assets, or to distribute its remaining assets among its shareholders; (3) In a proceeding by a creditor if it is established that: (a) The creditor’s claim has been reduced to judgment, the execution on the judgment was returned unsatisfied, and the corporation is not able to pay its liabilities as they become due in the usual course of business or its assets are less than the sum of its total liabilities; or (b) The corporation has admitted in writing that the creditor’s claim is due and owing and the corporation is not able to pay its liabilities as they become due in the usual course of business or its assets are less than the sum of its total liabilities. The superior courts may also assume control over a dissolved corporation’s assets and the process for winding up and liquidating its business and affairs, in a proceeding instituted by the dissolved corporation to have its voluntary dissolution continued under court supervision. [2006 c 52 § 14; 1995 c 47 § 3; 1993 c 290 § 3; 1989 c 165 § 163.] 23B.14.310 Judicial dissolution or supervision of voluntary dissolution—Procedure. (1) Venue for any proceeding to dissolve a corporation or to supervise a voluntary dissolution brought by any party named in RCW 23B.14.300 lies in the county where a corporation’s registered office is or was last located. (2) It is not necessary to make shareholders or directors parties to a proceeding to dissolve a corporation or to supervise a voluntary dissolution unless relief is sought against them individually. (3) A court in a proceeding brought to dissolve a corporation or to supervise a voluntary dissolution may issue injunctions, appoint a general or custodial receiver with all powers and duties the court directs, and take other action required to preserve the corporate assets wherever located. A court in a proceeding brought to dissolve a corporation may also carry on the business of the corporation until a full hearing can be held. [2006 c 52 § 15; 1989 c 165 § 164.] 23B.14.310 (1) If after a hearing the court determines that one or more grounds for judicial dissolution described in RCW 23B.14.300 exist, it may enter a decree dissolving the corporation and specifying the effective date of the dissolution, or, with or without ordering dissolution, may make such other orders and decrees and issue such injunctions in the case as justice and equity require. (2) The court shall not enter or sign any decree of dissolution until it receives a copy of a revenue clearance certificate for the corporation issued pursuant to RCW 82.32.260. (3) If the court enters a decree of dissolution, the petitioner or moving party shall deliver a certified copy of the decree and a copy of the revenue clearance certificate to the secretary of state, who shall file them. The court shall then direct the winding up and liquidation of the corporation’s business and affairs in accordance with RCW 23B.14.050. [1995 c 47 § 4; 1989 c 165 § 166.] 23B.14.340 Survival of remedy after dissolution. The dissolution of a corporation either (1) by the filing with the secretary of state of its articles of dissolution, (2) by administrative dissolution by the secretary of state, (3) by a decree of court, or (4) by expiration of its period of duration shall not take away or impair any remedy available against such corporation, its directors, officers, or shareholders, for any right or claim existing, or any liability incurred, prior to such dissolution or arising thereafter, unless action or other proceeding thereon is not commenced within two years after the effective date of any dissolution that was effective prior to June 7, 2006, or within three years after the effective date of any dissolution that is effective on or after June 7, 2006. Any such action or proceeding against the corporation may be defended by the corporation in its corporate name. [2006 c 52 § 17; 1995 c 47 § 5; 1990 c 178 § 6; 1989 c 165 § 167.] 23B.14.340 Effective date—1990 c 178: See note following RCW 23B.01.220. 23B.14.390 Secretary of state—List of corporations dissolved. On the first day of each month, the secretary of state shall prepare a list of corporations dissolved during the preceding month pursuant to RCW 23B.14.030, 23B.14.210, and 23B.14.330. [1995 c 47 § 8.] 23B.14.390 23B.14.392 Certificate of authority as insurance company—Filing of records. For those corporations that have a certificate of authority, are applying for, or intend to apply for a certificate of authority from the insurance commissioner as an insurance company under chapter 48.05 RCW, whenever under this chapter corporate records are required to be filed with the secretary of state, the records shall be filed with the insurance commissioner rather than the secretary of state. [2002 c 297 § 41; 1998 c 23 § 10.] 23B.14.392 23B.14.320 General or custodial receivership. A court in a judicial proceeding brought under RCW 23B.14.300 may appoint one or more general receivers to wind up and liquidate the business and affairs of the corporation, or, if the corporation is not yet dissolved, may appoint one or more custodial receivers to manage its business and affairs. The court shall hold a hearing, after notifying all parties to the proceeding and any interested persons designated by the court, before appointing a general or custodial receiver. The hearing, and any resulting receivership, shall be conducted in accordance with chapter 7.60 RCW. [2006 c 52 § 16; 2004 c 165 § 40; 1989 c 165 § 165.] 23B.14.320 Purpose—Captions not law—2004 c 165: See notes following RCW 7.60.005. 23B.14.330 Decree of dissolution—Other orders, decrees, and injunctions—Revenue clearance certificate. 23B.14.330 [Title 23B RCW—page 50] 23B.14.400 Deposit with state treasurer. Following its dissolution, the assets of a corporation that should be transferred to a creditor, claimant, or shareholder of the corporation who cannot be found or who is not competent to receive them may be reduced to cash and deposited with the state treasurer for safekeeping. If assets are transferred to the state treasurer, and if the creditor, claimant, or shareholder furnishes satisfactory proof of entitlement to the amount 23B.14.400 (2008 Ed.) Foreign Corporations deposited, the state treasurer or other appropriate state official shall pay such person or such person’s representative that amount. [2006 c 52 § 18; 1989 c 165 § 168.] Chapter 23B.15 Chapter 23B.15 RCW FOREIGN CORPORATIONS Sections 23B.15.010 Authority to transact business required. 23B.15.015 Foreign degree-granting institution branch campus—Acts not deemed transacting business in state. 23B.15.020 Consequences of transacting business without authority. 23B.15.030 Application for certificate of authority. 23B.15.032 Certificate of authority as insurance company—Filing of records. 23B.15.040 Amended certificate of authority. 23B.15.050 Effect of certificate of authority. 23B.15.060 Corporate name of foreign corporation. 23B.15.070 Registered office and registered agent of foreign corporation. 23B.15.080 Change of registered office or registered agent of foreign corporation. 23B.15.090 Resignation of registered agent of foreign corporation. 23B.15.100 Service on foreign corporation. 23B.15.200 Withdrawal of foreign corporation. 23B.15.300 Revocation—Grounds. 23B.15.310 Revocation—Procedure and effect. 23B.15.010 Authority to transact business required. (1) Unless it is otherwise authorized to transact business pursuant to a state or federal statute, a foreign corporation may not transact business in this state until it obtains a certificate of authority from the secretary of state. (2) The following activities, among others, do not constitute transacting business within the meaning of subsection (1) of this section: (a) Maintaining or defending any action or suit or any administrative or arbitration proceeding, or effecting the settlement thereof or the settlement of claims or disputes; (b) Holding meetings of the board of directors or shareholders or carrying on other activities concerning internal corporate affairs; (c) Maintaining bank accounts, share accounts in savings and loan associations, custodian or agency arrangements with a bank or trust company, or stock or bond brokerage accounts; (d) Maintaining offices or agencies for the transfer, exchange, and registration of the corporation’s own securities or maintaining trustees or depositaries with respect to those securities; (e) Selling through independent contractors; (f) Soliciting or procuring orders, whether by mail or through employees or agents or otherwise, where the orders require acceptance outside this state before becoming binding contracts and where the contracts do not involve any local performance other than delivery and installation; (g) Making loans or creating or acquiring evidences of debt, mortgages, or liens on real or personal property, or recording same; (h) Securing or collecting debts or enforcing mortgages and security interests in property securing the debts; (i) Owning, without more, real or personal property; (j) Conducting an isolated transaction that is completed within thirty days and that is not one in the course of repeated transactions of a like nature; (k) Transacting business in interstate commerce; 23B.15.010 (2008 Ed.) 23B.15.020 (l) Owning and controlling a subsidiary corporation incorporated in or transacting business within this state; or (m) Operating an approved branch campus of a foreign degree-granting institution in compliance with chapter 28B.90 RCW and in accordance with RCW 23B.15.015. (3) The list of activities in subsection (2) of this section is not exhaustive. [1993 c 181 § 11; 1990 c 178 § 7; 1989 c 165 § 169.] Effective date—1990 c 178: See note following RCW 23B.01.220. 23B.15.015 Foreign degree-granting institution branch campus—Acts not deemed transacting business in state. In addition to those acts that are specified in RCW 23B.15.010(2), a foreign degree-granting institution that establishes an approved branch campus in the state under chapter 28B.90 RCW shall not be deemed to transact business in the state solely because it: (1) Owns and controls an incorporated branch campus in this state; (2) Pays the expenses of tuition, or room and board charged by the incorporated branch campus for its students enrolled at the branch campus or contributes to the capital thereof; or (3) Provides personnel who furnish assistance and counsel to its students while in the state but who have no authority to enter into any transactions for or on behalf of the foreign degree-granting institution. [1993 c 181 § 5.] 23B.15.015 23B.15.020 Consequences of transacting business without authority. (1) Unless it is otherwise authorized to transact business pursuant to a state or federal statute, a foreign corporation transacting business in this state without a certificate of authority may not maintain a proceeding in any court in this state until it obtains a certificate of authority. (2) The successor to a foreign corporation that transacted business in this state without a certificate of authority and the assignee of a cause of action arising out of that business may not maintain a proceeding based on that cause of action in any court in this state until the foreign corporation or its successor obtains a certificate of authority. (3) A court may stay a proceeding commenced by a foreign corporation, its successor, or assignee until it determines whether the foreign corporation or its successor requires a certificate of authority. If it so determines, the court may further stay the proceeding until the foreign corporation or its successor obtains the certificate. (4) A foreign corporation which transacts business in this state without a certificate of authority is liable to this state, for the years or parts thereof during which it transacted business in this state without a certificate of authority, in an amount equal to all fees which would have been imposed by this title upon such corporation had it applied for and received a certificate of authority to transact business in this state as required by this title and thereafter filed all reports required by this title, plus all penalties imposed by this title for failure to pay such fees. (5) Notwithstanding subsections (1) and (2) of this section, the failure of a foreign corporation to obtain a certificate of authority does not impair the validity of its corporate acts 23B.15.020 [Title 23B RCW—page 51] 23B.15.030 Title 23B RCW: Washington Business Corporation Act or prevent it from defending any proceeding in this state. [1990 c 178 § 8; 1989 c 165 § 170.] Effective date—1990 c 178: See note following RCW 23B.01.220. 23B.15.030 Application for certificate of authority. (1) A foreign corporation may apply for a certificate of authority to transact business in this state by delivering an application to the secretary of state for filing. The application must state: (a) That the name of the foreign corporation meets the requirements stated in RCW 23B.15.060; (b) The name of the state or country under whose law it is incorporated; (c) Its date of incorporation and period of duration; (d) The street address of its principal office; (e) The street address of its registered office in this state and the name of its registered agent at that office, in accordance with RCW 23B.15.070; and (f) The names and usual business addresses of its current directors and officers. (2) The foreign corporation shall deliver with the completed application a certificate of existence, or a document of similar import, issued no more than sixty days before the date of the application and duly authenticated by the secretary of state or other official having custody of corporate records in the state or country under whose law it is incorporated. [1989 c 165 § 171.] 23B.15.030 23B.15.032 Certificate of authority as insurance company—Filing of records. For those corporations that have a certificate of authority, are applying for, or intend to apply for a certificate of authority from the insurance commissioner as an insurance company under chapter 48.05 RCW, whenever under this chapter corporate records are required to be filed with the secretary of state, the records shall be filed with the insurance commissioner rather than the secretary of state. [2002 c 297 § 42; 1998 c 23 § 11.] 23B.15.032 23B.15.040 Amended certificate of authority. (1) A foreign corporation authorized to transact business in this state must obtain an amended certificate of authority from the secretary of state if it changes: (a) Its corporate name; or (b) The period of its duration. (2) A foreign corporation may apply for an amended certificate of authority by delivering an application to the secretary of state for filing that sets forth: (a) The name of the foreign corporation and the name in which the corporation is authorized to transact business in Washington, if different; (b) The name of the state or country under whose law it is incorporated; (c) The date it was authorized to transact business in this state; (d) A statement of the change or changes being made; (e) In the event the change or changes include a name change to a name that does not meet the requirements of RCW 23B.15.060, a fictitious name for use in Washington, and a copy of the resolution of the board of directors, certified 23B.15.040 [Title 23B RCW—page 52] by the corporation’s secretary, adopting the fictitious name; and (f) A copy of the document filed in the state or country of incorporation showing that jurisdiction’s "filed" stamp. [1991 c 72 § 38; 1989 c 165 § 172.] 23B.15.050 Effect of certificate of authority. (1) A certificate of authority authorizes the foreign corporation to which it is issued to transact business in this state subject, however, to the right of the state to revoke the certificate as provided in this title. (2) A foreign corporation holding a valid certificate of authority shall have no greater rights and privileges than a domestic corporation of like character. Except as otherwise provided by this title, a foreign corporation is subject to the same duties, restrictions, penalties, and liabilities now or later imposed on a domestic corporation of like character. (3) Except as otherwise provided in *chapter 23B.19 RCW, this title does not authorize this state to regulate the organization or internal affairs of a foreign corporation authorized to transact business in this state. [1989 c 165 § 173.] 23B.15.050 *Reviser’s note: The reference to "sections 202 through 205 of this act" has been translated to "chapter 23B.19 RCW," dealing with significant business transactions. A literal translation would be "RCW 23B.900.010 through 23B.900.040" which appears to be erroneous. 23B.15.060 Corporate name of foreign corporation. (1) No certificate of authority shall be issued to a foreign corporation unless the corporate name of such corporation: (a) Contains the word "corporation," "incorporated," "company," or "limited," or the abbreviation "corp.," "inc.," "co.," or "ltd."; (b) Does not contain language stating or implying that the corporation is organized for a purpose other than that permitted by RCW 23B.03.010 and its articles of incorporation; (c) Does not contain any of the following words or phrases: "Bank," "banking," "banker," "trust," "cooperative," or any combination of the words "industrial" and "loan," or any combination of any two or more words "building," "savings," "loan," "home," "association," and "society," or any other words or phrases prohibited by any statute of this state; and (d) Except as authorized by subsections (4) and (5) of this section, is distinguishable upon the records of the secretary of state from: (i) The corporate name of a corporation incorporated or authorized to transact business in this state; (ii) A corporate name reserved or registered under chapter 23B.04 RCW; (iii) The fictitious name adopted pursuant to subsection (3) of this section by a foreign corporation authorized to transact business in this state because its real name is unavailable; (iv) The corporate name or reserved name of a not-forprofit corporation incorporated or authorized to conduct affairs in this state under chapter 24.03 RCW; (v) The name or reserved name of a mutual corporation or miscellaneous corporation incorporated or authorized to do business under chapter 24.06 RCW; 23B.15.060 (2008 Ed.) Foreign Corporations (vi) The name or reserved name of a foreign or domestic limited partnership formed or registered under chapter 25.10 RCW; (vii) The name or reserved name of any limited liability company organized or registered under chapter 25.15 RCW; and (viii) The name or reserved name of any limited liability partnership registered under chapter 25.04 RCW. (2) A name shall not be considered distinguishable under the same grounds as provided under RCW 23B.04.010. (3) If the corporate name of a foreign corporation does not satisfy the requirements of subsection (1) of this section, the foreign corporation to obtain or maintain a certificate of authority to transact business in this state: (a) May add the word "corporation," "incorporated," "company," or "limited," or the abbreviation "corp.," "inc.," "co.," or "ltd.," to its corporate name for use in this state; or (b) May use a fictitious name to transact business in this state if its real name is unavailable and it delivers to the secretary of state for filing a copy of the resolution of its board of directors, certified by its secretary, adopting the fictitious name. (4) A foreign corporation may apply to the secretary of state for authorization to use a name that is not distinguishable upon the records from one or more of the names described in subsection (1)(d) of this section. The secretary of state shall authorize use of the name applied for if: (a) The other corporation, company, holder, limited liability partnership, or limited partnership consents to the use in writing and files with the secretary of state documents necessary to change its name or the name reserved or registered to a name that is distinguishable upon the records of the secretary of state from the name of the applying corporation; or (b) The applicant delivers to the secretary of state a certified copy of the final judgment of a court of competent jurisdiction establishing the applicant’s right to use the name applied for in this state. (5) A foreign corporation may use in this state the name, including the fictitious name, of another domestic or foreign corporation that is used in this state if the other corporation is incorporated or authorized to transact business in this state and the foreign corporation: (a) Has merged with the other corporation; or (b) Has been formed by reorganization of the other corporation. (6) If a foreign corporation authorized to transact business in this state changes its corporate name to one that does not satisfy the requirements of subsection (1) of this section, it may not transact business in this state under the changed name until it adopts a name satisfying such requirements and obtains an amended certificate of authority under RCW 23B.15.040. [1998 c 102 § 2; 1989 c 165 § 174.] 23B.15.070 Registered office and registered agent of foreign corporation. (1) Each foreign corporation authorized to transact business in this state must continuously maintain in this state: (a) A registered office which may be, but need not be, the same as its place of business in this state. The registered office shall be at a specific geographic location in this state, and be identified by number, if any, and street, building 23B.15.070 (2008 Ed.) 23B.15.080 address, or rural route, or, if a commonly known street or rural route address does not exist, by legal description. A registered office may not be identified by post office box number or other nongeographic address. For purposes of communicating by mail, the secretary of state may permit the use of a post office address in the same city as the registered office to be used in conjunction with the registered office address if the corporation also maintains on file the specific geographic address of the registered office where personal service of process may be made. (b) A registered agent, who may be: (i) An individual who resides in this state and whose business office is identical with the registered office; (ii) A domestic corporation or not-for-profit domestic corporation whose business office is identical with the registered office; (iii) A foreign corporation or foreign not-for-profit corporation authorized to transact business or conduct affairs in this state whose business office is identical with the registered office; (iv) A domestic limited liability company whose business office is identical with the registered office; or (v) A foreign limited liability company authorized to conduct affairs in this state whose business office is identical with the registered office. (2) A registered agent shall not be appointed without having given prior consent in a record to the appointment. The consent shall be filed with the secretary of state in such form as the secretary of state may prescribe. The consent shall be filed with or as a part of the record first appointing a registered agent. In the event any individual, corporation, or limited liability company has been appointed agent without consent, that person, corporation, or limited liability company may file a notarized statement attesting to that fact, and the name shall forthwith be removed from the records. [2002 c 297 § 43; 1989 c 165 § 175.] 23B.15.080 Change of registered office or registered agent of foreign corporation. (1) A foreign corporation authorized to transact business in this state may change its registered office or registered agent by delivering to the secretary of state for filing a statement of change that sets forth: (a) Its name; (b) If the current registered office is to be changed, the street address of its new registered office; (c) If the current registered agent is to be changed, the name of its new registered agent and the new agent’s consent, either on the statement or attached to it in the manner and form as the secretary of state may prescribe, to the appointment; and (d) That, after the change or changes are made, the street addresses of its registered office and the business office of its registered agent will be identical. (2) If a registered agent changes the street address of the agent’s business office, the registered agent may change the street address of the registered office of any foreign corporation for which the agent is the registered agent by notifying the corporation of the change either (a) in a record or (b) if the corporation has designated an address, location, or system to which the notices may be electronically transmitted and the registered agent electronically transmits the notice to the cor23B.15.080 [Title 23B RCW—page 53] 23B.15.090 Title 23B RCW: Washington Business Corporation Act poration at the designated address, location, or system, in an electronically transmitted record, and delivering to the secretary of state for filing a statement of change that complies with the requirements of subsection (1) of this section and recites that the corporation has been notified of the change. [2002 c 297 § 44; 1989 c 165 § 176.] 23B.15.090 Resignation of registered agent of foreign corporation. (1) The registered agent of a foreign corporation may resign as agent by signing and delivering to the secretary of state for filing a statement of resignation. The statement of resignation may include a statement that the registered office is also discontinued. (2) After filing the statement, the secretary of state shall mail a copy of the statement to the foreign corporation at its principal office address shown in its most recent annual report, or in the application for certificate of authority if no annual report has been filed. (3) The agency appointment is terminated, and the registered office discontinued if so provided, on the thirty-first day after the date on which the statement was filed. [1989 c 165 § 177.] 23B.15.090 23B.15.100 Service on foreign corporation. (1) The registered agent appointed by a foreign corporation authorized to transact business in this state shall be an agent of such corporation upon whom any process, notice, or demand required or permitted by law to be served upon the corporation may be served. (2) The secretary of state shall be an agent of a foreign corporation upon whom any process, notice, or demand may be served, if: (a) The corporation is authorized to transact business in this state, and it fails to appoint or maintain a registered agent in this state, or its registered agent cannot with reasonable diligence be found at the registered office; (b) The corporation’s authority to transact business in this state has been revoked under RCW 23B.15.310; or (c) The corporation has been authorized to transact business in this state and has withdrawn under RCW 23B.15.200. (3) Service on the secretary of state of any such process, notice, or demand shall be made by delivering to and leaving with the secretary of state, or with any duly authorized clerk of the corporation department of the secretary of state’s office, the process, notice, or demand. In the event any such process, notice, or demand is served on the secretary of state, the secretary of state shall immediately cause a copy thereof to be forwarded by certified mail, addressed to the secretary of the corporation at its principal office as shown on the records of the secretary of state. Any service so had on the secretary of state shall be returnable in not less than thirty days. (4) The secretary of state shall keep a record of all processes, notices, and demands served upon the secretary of state under this section, and shall record therein the time of such service and the secretary of state’s action with reference thereto. (5) This section does not limit or affect the right to serve any process, notice, or demand, required or permitted by law 23B.15.100 [Title 23B RCW—page 54] to be served upon a corporation in any other manner now or hereafter permitted by law. [1989 c 165 § 178.] 23B.15.200 Withdrawal of foreign corporation. (1) A foreign corporation authorized to transact business in this state may not withdraw from this state until it obtains a certificate of withdrawal from the secretary of state. (2) A foreign corporation authorized to transact business in this state may apply for a certificate of withdrawal by delivering an application to the secretary of state for filing. The application must be accompanied by a copy of a revenue clearance certificate issued pursuant to RCW 82.32.260, and must set forth: (a) The name of the foreign corporation and the name of the state or country under whose law it is incorporated; (b) That it is not transacting business in this state and that it surrenders its authority to transact business in this state; (c) That it revokes the authority of its registered agent to accept service on its behalf and appoints the secretary of state as its agent for service of process in any proceeding based on a cause of action arising during the time it was authorized to transact business in this state; (d) A mailing address to which the secretary of state may mail a copy of any process served on the secretary of state under (c) of this subsection; and (e) A commitment to notify the secretary of state in the future of any change in its mailing address. (3) After the withdrawal of the corporation is effective, service of process on the secretary of state under RCW 23B.15.100 is service on the foreign corporation. [1989 c 165 § 179.] 23B.15.200 23B.15.300 23B.15.300 Revocation—Grounds. The secretary of state may revoke the certificate of authority of a foreign corporation authorized to transact business in this state if: (1) The foreign corporation does not deliver its completed initial report or annual report to the secretary of state when it is due; (2) The foreign corporation does not pay any license fees or penalties, imposed by this title, when they become due; (3) The foreign corporation is without a registered agent or registered office in this state; (4) The foreign corporation does not inform the secretary of state under RCW 23B.15.080 or 23B.15.090 that its registered agent or registered office has changed, that its registered agent has resigned, or that its registered office has been discontinued; (5) An incorporator, director, officer, or agent of the foreign corporation signed a document knowing it was false in any material respect with intent that the document be delivered to the secretary of state for filing; or (6) The secretary of state receives a duly authenticated certificate from the secretary of state or other official having custody of corporate records in the state or country under whose law the foreign corporation is incorporated stating that it has been dissolved or disappeared as the result of a merger. [1991 c 72 § 39; 1990 c 178 § 9; 1989 c 165 § 180.] Effective date—1990 c 178: See note following RCW 23B.01.220. (2008 Ed.) Records and Reports 23B.15.310 Revocation—Procedure and effect. (1) If the secretary of state determines that one or more grounds exist under RCW 23B.15.300 for revocation of a certificate of authority, the secretary of state shall give the foreign corporation written notice of the determination by first-class mail, postage prepaid. (2) If the foreign corporation does not correct each ground for revocation or demonstrate to the reasonable satisfaction of the secretary of state that each ground determined by the secretary of state does not exist within sixty days after notice is effective, the secretary of state shall revoke the foreign corporation’s certificate of authority by signing a certificate of revocation that recites the ground or grounds for revocation and its effective date. The secretary of state shall file the original of the certificate and mail a copy to the foreign corporation. (3) The authority of a foreign corporation to transact business in this state ceases on the date shown on the certificate revoking its certificate of authority. (4) The secretary of state’s revocation of a foreign corporation’s certificate of authority appoints the secretary of state the foreign corporation’s agent for service of process in any proceeding based on a cause of action which arose during the time the foreign corporation was authorized to transact business in this state. Service of process on the secretary of state under RCW 23B.15.100 is service on the foreign corporation. (5) Revocation of a foreign corporation’s certificate of authority does not terminate the authority of the registered agent of the corporation. [1989 c 165 § 181.] 23B.15.310 Chapter 23B.16 Chapter 23B.16 RCW RECORDS AND REPORTS Sections 23B.16.010 23B.16.020 23B.16.030 23B.16.040 23B.16.200 23B.16.220 Corporate records. Inspection of records by shareholders. Scope of inspection right. Court-ordered inspection. Financial statements for shareholders. Initial and annual reports for secretary of state. 23B.16.010 Corporate records. (1) A corporation shall keep as permanent records minutes of all meetings of its shareholders and board of directors, a record of all actions taken by the shareholders or board of directors without a meeting, and a record of all actions taken by a committee of the board of directors exercising the authority of the board of directors on behalf of the corporation. (2) A corporation shall maintain appropriate accounting records. (3) A corporation or its agent shall maintain a record of its shareholders, in a form that permits preparation of a list of the names and addresses of all shareholders, in alphabetical order by class of shares showing the number and class of shares held by each. (4) A corporation shall maintain its records in written form or in another form capable of conversion into written form within a reasonable time. (5) A corporation shall keep a copy of the following records at its principal office: (a) Its articles or restated articles of incorporation and all amendments to them currently in effect; 23B.16.010 (2008 Ed.) 23B.16.020 (b) Its bylaws or restated bylaws and all amendments to them currently in effect; (c) The minutes of all shareholders’ meetings, and records of all action taken by shareholders without a meeting, for the past three years; (d) The financial statements described in RCW 23B.16.200(1), for the past three years; (e) All communications in the form of a record to shareholders generally within the past three years; (f) A list of the names and business addresses of its current directors and officers; and (g) Its initial report or most recent annual report delivered to the secretary of state under RCW 23B.16.220. [2002 c 297 § 45; 1991 c 72 § 40; 1989 c 165 § 182.] 23B.16.020 Inspection of records by shareholders. (1) A shareholder of a corporation is entitled to inspect and copy, during regular business hours at the corporation’s principal office, any of the records of the corporation described in RCW 23B.16.010(5) if the shareholder gives the corporation notice of the shareholder’s demand at least five business days before the date on which the shareholder wishes to inspect and copy. (2) A shareholder of a corporation is entitled to inspect and copy, during regular business hours at a reasonable location specified by the corporation, any of the following records of the corporation if the shareholder meets the requirements of subsection (3) of this section and gives the corporation notice of the shareholder’s demand at least five business days before the date on which the shareholder wishes to inspect and copy: (a) Excerpts from minutes of any meeting of the board of directors, records of any action of a committee of the board of directors while exercising the authority of the board of directors, minutes of any meeting of the shareholders, and records of action taken by the shareholders or board of directors without a meeting, to the extent not subject to inspection under subsection (1) of this section; (b) Accounting records of the corporation; and (c) The record of shareholders. (3) A shareholder may inspect and copy the records described in subsection (2) of this section only if: (a) The shareholder’s demand is made in good faith and for a proper purpose; (b) The shareholder describes with reasonable particularity the shareholder’s purpose and the records the shareholder desires to inspect; and (c) The records are directly connected with the shareholder’s purpose. (4) The right of inspection granted by this section may not be abolished or limited by a corporation’s articles of incorporation or bylaws. (5) This section does not affect: (a) The right of a shareholder to inspect records under RCW 23B.07.200 or, if the shareholder is in litigation with the corporation, to the same extent as any other litigant; or (b) The power of a court, independently of this title, to compel the production of corporate records for examination. (6) For purposes of this section, "shareholder" includes a beneficial owner whose shares are held in a voting trust or by 23B.16.020 [Title 23B RCW—page 55] 23B.16.030 Title 23B RCW: Washington Business Corporation Act a nominee on the beneficial owner’s behalf. [2002 c 297 § 46; 1989 c 165 § 183.] 23B.16.030 Scope of inspection right. (1) A shareholder’s agent or attorney has the same inspection and copying rights as the shareholder. (2) The right to copy records under *RCW 23B.16.020 includes, if reasonable, the right to receive copies made by photographic, xerographic, or other means, including copies in electronic or other nonwritten form if the shareholder so requests. (3) The corporation may impose a reasonable charge, covering the costs of labor and material, for copies of any records provided to the shareholder. The charge may not exceed the estimated cost of production or reproduction of the records. (4) The corporation may comply with a shareholder’s demand to inspect the record of shareholders under RCW 23B.16.020(2)(c) by providing the shareholder with a list of its shareholders that was compiled no earlier than the date of the shareholder’s demand. [1989 c 165 § 184.] 23B.16.030 *Reviser’s note: The reference to "section 184 of this act" has been translated to "RCW 23B.16.020." A literal translation would be "RCW 23B.16.030" which is the section above and appears to be erroneous. 23B.16.040 Court-ordered inspection. (1) If a corporation does not allow a shareholder who complies with RCW 23B.16.020(1) to inspect and copy any records required by that subsection to be available for inspection, the superior court of the county where the corporation’s principal office, or, if none in this state, its registered office, is located may summarily order inspection and copying of the records demanded at the corporation’s expense upon application of the shareholder. (2) If a corporation does not within a reasonable time allow a shareholder to inspect and copy any other record, the shareholder who complies with RCW 23B.16.020 (2) and (3) may apply to the superior court of the county where the corporation’s principal office, or, if none in this state, its registered office, is located for an order to permit inspection and copying of the records demanded. The court shall dispose of an application under this subsection on an expedited basis. (3) If the court orders inspection and copying of the records demanded, it shall also order the corporation to pay the shareholder’s costs, including reasonable counsel fees, incurred to obtain the order unless the corporation proves that it refused inspection in good faith because it had a reasonable basis for doubt about the right of the shareholder to inspect the records demanded. (4) If the court orders inspection and copying of the records demanded, it may impose reasonable restrictions on the use or distribution of the records by the demanding shareholder. [1989 c 165 § 185.] 23B.16.040 23B.16.200 Financial statements for shareholders. (1) Not later than four months after the close of each fiscal year, and in any event prior to the annual meeting of shareholders, each corporation shall prepare (a) a balance sheet showing in reasonable detail the financial condition of the corporation as of the close of its fiscal year, and (b) an income statement showing the results of its operation during 23B.16.200 [Title 23B RCW—page 56] its fiscal year. Such statements may be consolidated or combined statements of the corporation and one or more of its subsidiaries, as appropriate. If financial statements are prepared by the corporation for any purpose on the basis of generally accepted accounting principles, the annual statements must also be prepared, and disclose that they are prepared, on that basis. If financial statements are prepared only on a basis other than generally accepted accounting principles, they must be prepared, and disclose that they are prepared, on the same basis as other reports and statements prepared by the corporation for the use of others. (2) Upon request, the corporation shall promptly deliver to any shareholder a copy of the most recent balance sheet and income statement, which request shall be set forth either (a) in a written record or (b) if the corporation has designated an address, location, or system to which the request may be electronically transmitted and the request is electronically transmitted to the corporation at the designated address, location, or system, in an electronically transmitted record. If prepared for other purposes, the corporation shall also furnish upon the request a statement of sources and applications of funds, and a statement of changes in shareholders’ equity, for the most recent fiscal year. (3) If the annual financial statements are reported upon by a public accountant, the accountant’s report must accompany them. If not, the statements must be accompanied by a statement of the president or the person responsible for the corporation’s accounting records: (a) Stating the person’s reasonable belief whether the statements were prepared on the basis of generally accepted accounting principles and, if not, describing the basis of preparation; and (b) Describing any respects in which the statements were not prepared on a basis of accounting consistent with the basis used for statements prepared for the preceding year. (4) For purposes of this section, "shareholder" includes a beneficial owner whose shares are held in a voting trust or by a nominee on the beneficial owner’s behalf. [2002 c 297 § 47; 1989 c 165 § 186.] 23B.16.220 Initial and annual reports for secretary of state. (1) Each domestic corporation, and each foreign corporation authorized to transact business in this state, shall deliver to the secretary of state for filing initial and annual reports that set forth: (a) The name of the corporation and the state or country under whose law it is incorporated; (b) The street address of its registered office and the name of its registered agent at that office in this state; (c) In the case of a foreign corporation, the address of its principal office in the state or country under the laws of which it is incorporated; (d) The address of the principal place of business of the corporation in this state; (e) The names and addresses of its directors, if the corporation has dispensed with or limited the authority of its board of directors pursuant to RCW 23B.08.010, in an agreement authorized under RCW 23B.07.320, or analogous authority, the names and addresses of persons who will perform some or all of the duties of the board of directors; (f) A brief description of the nature of its business; and 23B.16.220 (2008 Ed.) Nonadmitted Organizations (g) The names and addresses of its chairperson of the board of directors, if any, president, secretary, and treasurer, or of individuals, however designated, performing the functions of such officers. (2) Information in an initial report or an annual report must be current as of the date the report is executed on behalf of the corporation. (3) A corporation’s initial report must be delivered to the secretary of state within one hundred twenty days of the date on which the articles of incorporation for a domestic corporation were filed, or on which a foreign corporation’s certificate of authority was filed. Subsequent annual reports must be delivered to the secretary of state on, or prior to, the date on which the domestic or foreign corporation is required to pay its annual corporate license fee, and at such additional times as the corporation elects. (4)(a) The secretary of state may allow a corporation to file an annual report through electronic means. If allowed, the secretary of state shall adopt rules detailing the circumstances under which the electronic filing of such reports shall be permitted and how such reports may be filed. (b) For purposes of this section only, a person executing an electronically filed annual report may deliver the report to the office of the secretary of state without a signature and without an exact or conformed copy, but the person’s name must appear in the electronic filing as the person executing the filing, and the filing must state the capacity in which the person is executing the filing. [2001 c 307 § 1; 1993 c 290 § 5; 1991 c 72 § 41; 1989 c 165 § 187.] Effective date—2001 c 307: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect May 1, 2001." [2001 c 307 § 5.] Chapter 23B.17 Chapter 23B.17 RCW MISCELLANEOUS PROVISIONS Sections 23B.17.010 Application to existing corporations. 23B.17.030 Limitation on liability of directors—Indemnification. 23B.17.010 23B.17.010 Application to existing corporations. (1) Unless otherwise provided, this title applies to all domestic corporations in existence on July 1, 1990, that were incorporated under any general statute of this state providing for incorporation of corporations for profit. (2) Unless otherwise provided, a foreign corporation authorized to transact business in this state on July 1, 1990, is subject to this title but is not required to obtain a new certificate of authority to transact business under this title. [1989 c 165 § 188.] 23B.17.030 23B.17.030 Limitation on liability of directors— Indemnification. The provisions of RCW 23B.08.320 and 23B.08.500 through 23B.08.600 shall apply to any corporation, other than a municipal corporation, incorporated under the laws of the state of Washington. [1989 c 165 § 190.] (2008 Ed.) Chapter 23B.18 23B.18.040 Chapter 23B.18 RCW NONADMITTED ORGANIZATIONS Sections 23B.18.010 Ownership and enforcement of notes secured by real estate mortgages. 23B.18.020 Mortgage foreclosure. 23B.18.030 Transacting business. 23B.18.040 Service of process. 23B.18.050 Service of process—Procedure. 23B.18.060 Venue. 23B.18.010 Ownership and enforcement of notes secured by real estate mortgages. Any corporation, bank, trust company, mutual savings bank, savings and loan association, national banking association, or other corporation or association organized and existing under the laws of the United States or under the laws of any state or territory of the United States other than the state of Washington, including, without restriction of the generality of the foregoing description, employee pension fund organizations, charitable foundations, trust funds, or other funds, foundations or trusts engaged in the investment of moneys, and trustees of such organizations, foundations, funds or trusts, and which are not admitted to conduct business in the state of Washington under the provisions of this title, and which are not otherwise specifically authorized to transact business in this state, herein collectively referred to as "nonadmitted organizations," may purchase, acquire, hold, sell, assign, transfer, and enforce notes secured by real estate mortgages covering real property situated in this state and the security interests thereby provided, and may make commitments to purchase or acquire such notes so secured. [1989 c 165 § 191.] 23B.18.010 23B.18.020 Mortgage foreclosure. Such nonadmitted organizations shall have the right to foreclose such mortgages under the laws of this state or to receive voluntary conveyance in lieu of foreclosure, and in the course of such foreclosure or of such receipt of conveyance in lieu of foreclosure, to acquire the mortgaged property, and to hold and own such property and to dispose thereof. Such nonadmitted organizations however, shall not be allowed to hold, own, and operate said property for a period exceeding five years. In the event said nonadmitted organizations do hold, own, and operate said property for a period in excess of five years, it shall be forthwith required to appoint an agent as required by RCW 23B.15.070 for foreign corporations doing business in this state. [1989 c 165 § 192.] 23B.18.020 23B.18.030 Transacting business. The activities authorized by RCW 23B.18.010 and 23B.18.020 by such nonadmitted organizations shall not constitute "transacting business" within the meaning of chapter 23B.15 RCW. [1989 c 165 § 193.] 23B.18.030 23B.18.040 Service of process. In any action in law or equity commenced by the obligor or obligors, it, his, her, or their assignee or assignees against the said nonadmitted organizations on the said notes secured by said real estate mortgages purchased by said nonadmitted organizations, service of all legal process may be had by serving the secretary of state of the state of Washington. [1989 c 165 § 194.] 23B.18.040 [Title 23B RCW—page 57] 23B.18.050 Title 23B RCW: Washington Business Corporation Act 23B.18.050 Service of process—Procedure. Duplicate copies of legal process against said nonadmitted organizations shall be served upon the secretary of state by registered mail. At the time of service the plaintiff shall pay to the secretary of state twenty-five dollars taxable as costs in the action and shall also furnish the secretary of state the home office address of said nonadmitted organization. The secretary of state shall forthwith send one of the copies of process by certified mail to the said nonadmitted organization to its home office. The secretary of state shall keep a record of the day, month, and year of service upon the secretary of state of all legal process. No proceedings shall be had against the nonadmitted organization nor shall it be required to appear, plead, or answer until the expiration of forty days after the date of service upon the secretary of state. [1989 c 165 § 195.] 23B.18.050 23B.18.060 Venue. Suit upon causes of action arising against the said nonadmitted organizations shall be brought in the county where the property is situated which is the subject of the mortgage purchased by the said nonadmitted organizations. If the property covered by the said mortgage is situated in more than one county, venue may be had in any of said counties where the property lies. [1989 c 165 § 196.] 23B.18.060 Chapter 23B.19 RCW SIGNIFICANT BUSINESS TRANSACTIONS Chapter 23B.19 Sections 23B.19.010 23B.19.020 23B.19.030 23B.19.040 Legislative findings—Intent. Definitions. Transaction excluded from chapter—Inadvertent acquisition. Approval of significant business transaction required—Violation. 23B.19.050 Provisions of chapter additional to other requirements. 23B.19.010 Legislative findings—Intent. The legislature finds that: (1) Corporations that offer employment and health, retirement, and other benefits to citizens of the state of Washington are vital to the economy of this state and the wellbeing of all of its citizens; (2) The welfare of the employees of these corporations is of paramount interest and concern to this state; (3) Many businesses in this state rely on these corporations to purchase goods and services; (4) Hostile or unfriendly attempts to gain control of or influence otherwise publicly held corporations can cause corporate management to dissipate a corporation’s assets in an effort to resist the takeover by selling or distributing cash or assets, redeeming stock, or taking other steps to increase the short-term gain to shareholders and to dissipate energies required for strategic planning, market development, capital investment decisions, assessment of technologies, and evaluation of competitive challenges that can damage the longterm interests of shareholders and the economic health of the state by reducing or eliminating the ability to finance investments in research and development, new products, facilities and equipment, and by undermining the planning process for those purposes; (5) Hostile or unfriendly attempts to gain control or influence otherwise publicly held corporations are often highly leveraged pursuant to financing arrangements which assume that an acquirer will promptly obtain access to an acquired corporation’s cash or assets and use them, or the proceeds of their sale, to repay acquisition indebtedness; (6) Hostile or unfriendly attempts to gain control of or influence otherwise publicly held corporations can harm the economy of the state by weakening corporate performance, and causing unemployment, plant closings, reduced charitable donations, declining population base, reduced income to fee-supported local government services, reduced tax base, and reduced income to other businesses; and (7) The state has a substantial and legitimate interest in regulating domestic corporations and those foreign corporations that have their most significant business contacts with this state and in regulating hostile or unfriendly attempts to gain control of or influence otherwise publicly held domestic corporations and those foreign corporations that employ a large number of citizens of the state, pay significant taxes, and have a substantial economic base in the state. The legislature intends this chapter to balance the substantial and legitimate interests of the state in domestic corporations and those foreign corporations that employ a large number of citizens of the state and that have a substantial economic base in the state with: The interests of citizens of other states who own shares of such corporations; the interests of the state of incorporation of such foreign corporations in regulating the internal affairs of corporations incorporated in that state; and the interests of promoting interstate commerce. To this effect, the legislature intends to regulate certain transactions between publicly held corporations and acquiring persons that will tend to harm the long-term health of domestic corporations and of foreign corporations that have their principal executive office and a majority of their assets in this state and that employ a large number of citizens of this state. [1989 c 165 § 197.] 23B.19.010 [Title 23B RCW—page 58] 23B.19.020 Definitions. The definitions in this section apply throughout this chapter. (1) "Acquiring person" means a person or group of persons, other than the target corporation or a subsidiary of the target corporation, who beneficially owns ten percent or more of the outstanding voting shares of the target corporation. The term "acquiring person" does not include a person who (a) beneficially owned ten percent or more of the outstanding voting shares of the target corporation on March 23, 1988; (b) acquires its shares by gift, inheritance, or in a transaction in which no consideration is exchanged; (c) exceeds the ten percent threshold as a result of action taken solely by the target corporation, such as redemption of shares, unless that person, by its own action, acquires additional shares of the target corporation; (d) beneficially was the owner of ten percent or more of the outstanding voting shares prior to the time the target corporation had a class of voting shares registered with the securities and exchange commission pursuant to section 12 or 15 of the exchange act; or (e) beneficially was the owner of ten percent or more of the outstanding voting shares prior to the time the target corporation amended its articles of incorporation to provide that the corporation shall be subject to the provisions of this chapter. An agent, bank, broker, nominee, or trustee for another person, if the other person is not an acquiring person, who acts in good faith and not for the 23B.19.020 (2008 Ed.) Significant Business Transactions purpose of circumventing this chapter, is not an acquiring person. For the purpose of determining whether a person is an acquiring person, the number of voting shares of the target corporation that are outstanding shall include shares beneficially owned by the person through application of subsection (4) of this section, but shall not include any other unissued voting shares of the target corporation which may be issuable pursuant to any agreement, arrangement, or understanding; or upon exercise of conversion rights, warrants, or options; or otherwise. (2) "Affiliate" means a person who directly or indirectly controls, or is controlled by, or is under common control with, a person. (3) "Announcement date," when used in reference to any significant business transaction, means the date of the first public announcement of the final, definitive proposal for such a significant business transaction. (4) "Associate" means (a) a domestic or foreign corporation or organization of which a person is an officer, director, member, or partner or in which a person performs a similar function; (b) a direct or indirect beneficial owner of ten percent or more of any class of equity securities of a person; (c) a trust or estate in which a person has a beneficial interest or as to which a person serves as trustee or in a similar fiduciary capacity; and (d) the spouse or a parent or sibling of a person or a child, grandchild, sibling, parent, or spouse of any thereof, of a person or an individual having the same home as a person. (5) "Beneficial ownership," when used with respect to any shares, means ownership by a person: (a) Who, individually or with or through any of its affiliates or associates, beneficially owns such shares, directly or indirectly; or (b) Who, individually or with or through any of its affiliates or associates, has (i) the right to acquire the shares, whether the right is exercisable immediately or only after the passage of time, pursuant to any agreement, arrangement, or understanding, whether or not in writing, or upon the exercise of conversion rights, exchange rights, warrants or options, or otherwise. A person is not the beneficial owner of shares tendered pursuant to a tender or exchange offer made by the person or any of the person’s affiliates or associates until the tendered shares are accepted for purchase or exchange; or (ii) the right to vote the shares pursuant to any agreement, arrangement, or understanding, whether or not in writing. A person is not the beneficial owner of any shares under (b)(ii) of this subsection if the agreement, arrangement, or understanding to vote the shares arises solely from a revocable proxy or consent given in response to a proxy or consent solicitation made in accordance with the applicable rules and regulations under the exchange act and is not then reportable on schedule 13D under the exchange act, or any comparable or successor report; or (c) Who has any agreement, arrangement, or understanding, whether or not in writing, for the purpose of acquiring, holding, voting, except voting pursuant to a revocable proxy or consent as described in (b)(ii) of this subsection, or disposing of the shares with any other person who beneficially owns, or whose affiliates or associates beneficially own, directly or indirectly, the shares. (2008 Ed.) 23B.19.020 (6) "Common shares" means any shares other than preferred shares. (7) "Consummation date," with respect to any significant business transaction, means the date of consummation of such a significant business transaction, or, in the case of a significant business transaction as to which a shareholder vote is taken, the later of the business day prior to the vote or twenty days prior to the date of consummation of such a significant business transaction. (8) "Control," "controlling," "controlled by," and "under common control with," means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting shares, by contract, or otherwise. A person’s beneficial ownership of ten percent or more of a domestic or foreign corporation’s outstanding voting shares shall create a rebuttable presumption that such person has control of such corporation. However, a person does not have control of a domestic or foreign corporation if the person holds voting shares, in good faith and not for the purpose of circumventing this chapter, as an agent, bank, broker, nominee, custodian, or trustee for one or more beneficial owners who do not individually or as a group have control of such corporation. (9) "Domestic corporation" means an issuer of voting shares which is organized under chapter 23B.02 RCW or any predecessor provision. (10) "Exchange act" means the federal securities exchange act of 1934, as amended. (11) "Market value," in the case of property other than cash or shares, means the fair market value of the property on the date in question as determined by the board of directors of the target corporation in good faith. (12) "Person" means an individual, domestic or foreign corporation, partnership, trust, unincorporated association, or other entity; an affiliate or associate of any such person; or any two or more persons acting as a partnership, syndicate, or other group for the purpose of acquiring, holding, or dispersing of securities of a domestic or foreign corporation. (13) "Preferred shares" means any class or series of shares of a target corporation which under the bylaws or articles of incorporation of such a corporation is entitled to receive payment of dividends prior to any payment of dividends on some other class or series of shares, or is entitled in the event of any voluntary liquidation, dissolution, or winding up of the target corporation to receive payment or distribution of a preferential amount before any payments or distributions are received by some other class or series of shares. (14) "Shares" means any: (a) Shares or similar security, any certificate of interest, any participation in any profit sharing agreement, any voting trust certificate, or any certificate of deposit for shares; and (b) Security convertible, with or without consideration, into shares, or any warrant, call, or other option or privilege of buying shares without being bound to do so, or any other security carrying any right to acquire, subscribe to, or purchase shares. (15) "Significant business transaction" means: (a) A merger, share exchange, or consolidation of a target corporation or a subsidiary of a target corporation with (i) an acquiring person, or (ii) any other domestic or foreign cor[Title 23B RCW—page 59] 23B.19.020 Title 23B RCW: Washington Business Corporation Act poration which is, or after the merger, share exchange, or consolidation would be, an affiliate or associate of the acquiring person; (b) A sale, lease, exchange, mortgage, pledge, transfer, or other disposition or encumbrance, whether in one transaction or a series of transactions, to or with an acquiring person or an affiliate or associate of an acquiring person of assets of a target corporation or a subsidiary of a target corporation (i) having an aggregate market value equal to five percent or more of the aggregate market value of all the assets, determined on a consolidated basis, of the target corporation, (ii) having an aggregate market value equal to five percent or more of the aggregate market value of all the outstanding shares of the target corporation, or (iii) representing five percent or more of the earning power or net income, determined on a consolidated basis, of the target corporation; (c) The termination, while the corporation has an acquiring person and as a result of the acquiring person’s acquisition of ten percent or more of the shares of the corporation, of five percent or more of the employees of the target corporation or its subsidiaries employed in this state, whether at one time or over the five-year period following the share acquisition time. For the purposes of (c) of this subsection, a termination other than an employee’s death or disability or bona fide voluntary retirement, transfer, resignation, termination for cause under applicable common law principles, or leave of absence shall be presumed to be a termination resulting from the acquiring person’s acquisition of shares, which presumption is rebuttable. A bona fide voluntary transfer of employees between the target corporation and its subsidiaries or between its subsidiaries is not a termination for the purposes of (c) of this subsection; (d) The issuance, transfer, or redemption by a target corporation or a subsidiary of a target corporation, whether in one transaction or a series of transactions, of shares or of options, warrants, or rights to acquire shares of a target corporation or a subsidiary of a target corporation to or beneficially owned by an acquiring person or an affiliate or associate of an acquiring person except pursuant to the exercise of warrants or rights to purchase shares offered, or a dividend, distribution, or redemption paid or made pro rata to, all shareholders or holders of options, warrants, or rights to acquire shares of the target corporation, and except for involuntary redemptions permitted by the target corporation’s charter or by the law of this state or the state of incorporation; (e) The liquidation or dissolution of a target corporation proposed by, or pursuant to an agreement, arrangement, or understanding, whether or not in writing, with an acquiring person or an affiliate or associate of an acquiring person; (f) A reclassification of securities, including, without limitation, any shares split, shares dividend, or other distribution of shares in respect of stock, or any reverse shares split, or recapitalization of a target corporation, or a merger or consolidation of a target corporation with a subsidiary of the target corporation, or any other transaction, whether or not with or into or otherwise involving an acquiring person, proposed by, or pursuant to an agreement, arrangement, or understanding, whether or not in writing, with an acquiring person or an affiliate or associate of an acquiring person, that has the effect, directly or indirectly, of increasing the proportionate share of the outstanding shares of a class or series of voting [Title 23B RCW—page 60] shares or securities convertible into voting shares of a target corporation or a subsidiary of the target corporation that is directly or indirectly owned by an acquiring person or an affiliate or associate of an acquiring person, except as a result of immaterial changes due to fractional share adjustments; or (g) A receipt by an acquiring person or an affiliate or associate of an acquiring person of the benefit, directly or indirectly, except proportionately as a shareholder of a target corporation, of loans, advances, guarantees, pledges, or other financial assistance or tax credits or other tax advantages provided by or through a target corporation. (16) "Share acquisition time" means the time at which a person first becomes an acquiring person of a target corporation. (17) "Subsidiary" means a domestic or foreign corporation that has a majority of its outstanding voting shares owned, directly or indirectly, by another domestic or foreign corporation. (18) "Tangible assets" means tangible real and personal property of all kinds. It shall also include leasehold interests in tangible real and personal property. (19) "Target corporation" means: (a) Every domestic corporation, if: (i) The corporation has a class of voting shares registered with the securities and exchange commission pursuant to section 12 or 15 of the exchange act; or (ii) The corporation’s articles of incorporation have been amended to provide that such a corporation shall be subject to the provisions of this chapter, if the corporation did not have a class of voting shares registered with the securities and exchange commission pursuant to section 12 or 15 of the exchange act on the effective date of that amendment; and (b) Every foreign corporation required to have a certificate of authority to transact business in this state pursuant to chapter 23B.15 RCW, if: (i) The corporation has a class of voting shares registered with the securities and exchange commission pursuant to section 12 or 15 of the exchange act; (ii) The corporation’s principal executive office is located in the state; (iii) The corporation has: (A) More than ten percent of its shareholders of record resident in the state; or (B) more than ten percent of its shares owned of record by state residents; or (C) one thousand or more shareholders of record resident in the state; (iv) A majority of the corporation’s employees, together with those of its subsidiaries, are residents of the state or the corporation, together with its subsidiaries, employs more than one thousand residents of the state; and (v) A majority of the corporation’s tangible assets, together with those of its subsidiaries, measured by market value, are located in the state or the corporation, together with its subsidiaries, has more than fifty million dollars’ worth of tangible assets located in the state. For purposes of this subsection, the record date for determining the percentages and numbers of shareholders and shares shall be the last shareholder record date before the event requiring that the determination be made. A shareholder record date shall be determined pursuant to the comparable provision to RCW 23B.07.070 of the law of the state in which a foreign corporation is incorporated. If a share(2008 Ed.) Significant Business Transactions holder record date has not been fixed by the board of directors within the preceding four months, the determination shall be made as of the end of the corporation’s most recent fiscal quarter. The residence of each shareholder is presumed to be the address appearing in the records of the corporation. Shares held of record by brokers or nominees shall be disregarded for purposes of calculating the percentages and numbers specified in this subsection. Shares of a corporation allocated to the account of an employee or former employee or beneficiaries of employees or former employees of a corporation and held in a plan that is qualified under section 401(a) of the federal internal revenue code of 1986, as amended, and is a defined contribution plan within the meaning of section 414(i) of the code shall be deemed, for the purposes of this subsection, to be held of record by the employee to whose account such shares are allocated. A domestic or foreign corporation shall be deemed to be a target corporation if the domestic or foreign corporation’s failure to satisfy the requirements of this subsection is caused by the action of, or is the result of a proposal by, an acquiring person or affiliate or associate of an acquiring person. (20) "Voting shares" means shares of a corporation entitled to vote generally in the election of directors. [1996 c 155 § 1; 1989 c 165 § 198.] 23B.19.030 23B.19.030 Transaction excluded from chapter— Inadvertent acquisition. This chapter does not apply to a significant business transaction of a target corporation with an acquiring person of the target corporation which became an acquiring person inadvertently, if the acquiring person (1) as soon as practicable, divests itself of a sufficient amount of the voting shares of the target corporation so that it no longer is the beneficial owner, directly or indirectly, of ten percent or more of the outstanding voting shares of the target corporation, and (2) would not at any time within the five-year period preceding the announcement date of the significant business transaction have been an acquiring person but for the inadvertent acquisition. [1996 c 155 § 2; 1989 c 165 § 199.] 23B.19.040 23B.19.040 Approval of significant business transaction required—Violation. (1)(a) Notwithstanding anything to the contrary contained in this title, a target corporation shall not for a period of five years following the acquiring person’s share acquisition time engage in a significant business transaction unless: (i) It is exempted by RCW 23B.19.030; (ii) The significant business transaction or the purchase of shares made by the acquiring person is approved prior to the acquiring person’s share acquisition time by a majority of the members of the board of directors of the target corporation; or (iii) At or subsequent to the acquiring person’s share acquisition time, such significant business transaction is approved by a majority of the members of the board of directors of the target corporation and authorized at an annual or special meeting of shareholders, and not by written consent, by the affirmative vote of at least two-thirds of the outstand(2008 Ed.) 23B.19.040 ing voting shares, except shares beneficially owned by or under the voting control of the acquiring person. (b) If a good faith proposal for a significant business transaction is made in writing to the board of directors of the target corporation prior to the significant business transaction or prior to the share acquisition time, the board of directors shall respond in writing, within thirty days or such shorter period, if any, as may be required by the exchange act setting forth its reasons for its decision regarding the proposal. If a good faith proposal to purchase shares is made in writing to the board of directors of the target corporation, the board of directors, unless it responds affirmatively in writing within thirty days or a shorter period, if any, as may be required by the exchange act shall be deemed to have disapproved such share purchase. (2) Except for a significant business transaction approved under subsection (1) of this section or exempted by RCW 23B.19.030, in addition to any other requirement, a target corporation shall not engage at any time in any significant business transaction described in RCW 23B.19.020(15) (a) or (e) with any acquiring person of such a corporation other than a significant business transaction that either meets all of the conditions of (a), (b), and (c) of this subsection or meets the conditions of (d) of this subsection: (a) The aggregate amount of the cash and the market value as of the consummation date of consideration other than cash to be received per share by holders of outstanding common shares of such a target corporation in a significant business transaction is at least equal to the higher of the following: (i) The highest per share price paid by such an acquiring person at a time when the person was the beneficial owner, directly or indirectly, of five percent or more of the outstanding voting shares of a target corporation, for any shares of common shares of the same class or series acquired by it: (A) Within the five-year period immediately prior to the announcement date with respect to a significant business transaction; or (B) within the five-year period immediately prior to, or in, the transaction in which the acquiring person became an acquiring person, whichever is higher plus, in either case, interest compounded annually from the earliest date on which the highest per share acquisition price was paid through the consummation date at the rate for one-year United States treasury obligations from time to time in effect; less the aggregate amount of any cash dividends paid, and the market value of any dividends paid other than in cash, per share of common shares since the earliest date, up to the amount of the interest; and (ii) The market value per share of common shares on the announcement date with respect to a significant business transaction or on the date of the acquiring person’s share acquisition time, whichever is higher; plus interest compounded annually from such a date through the consummation date at the rate for one-year United States treasury obligations from time to time in effect; less the aggregate amount of any cash dividends paid, and the market value of any dividends paid other than in cash, per share of common shares since the date, up to the amount of the interest. (b) The aggregate amount of the cash and the market value as of the consummation date of consideration other than cash to be received per share by holders of outstanding [Title 23B RCW—page 61] 23B.19.050 Title 23B RCW: Washington Business Corporation Act shares of any class or series of shares, other than common shares, of the target corporation is at least equal to the highest of the following, whether or not the acquiring person has previously acquired any shares of such a class or series of shares: (i) The highest per share price paid by an acquiring person at a time when the person was the beneficial owner, directly or indirectly, of five percent or more of the outstanding voting shares of a resident domestic corporation, for any shares of the same class or series of shares acquired by it: (A) Within the five-year period immediately prior to the announcement date with respect to a significant business transaction; or (B) within the five-year period immediately prior to, or in, the transaction in which the acquiring person became an acquiring person, whichever is higher; plus, in either case, interest compounded annually from the earliest date on which the highest per share acquisition price was paid through the consummation date at the rate for one-year United States treasury obligations from time to time in effect; less the aggregate amount of any cash dividends paid, and the market value of any dividends paid other than in cash, per share of the same class or series of shares since the earliest date, up to the amount of the interest; (ii) The highest preferential amount per share to which the holders of shares of the same class or series of shares are entitled in the event of any voluntary liquidation, dissolution, or winding up of the target corporation, plus the aggregate amount of any dividends declared or due as to which the holders are entitled prior to payment of dividends on some other class or series of shares, unless the aggregate amount of the dividends is included in the preferential amount; and (iii) The market value per share of the same class or series of shares on the announcement date with respect to a significant business transaction or on the date of the acquiring person’s share acquisition time, whichever is higher; plus interest compounded annually from such a date through the consummation date at the rate for one-year United States treasury obligations from time to time in effect; less the aggregate amount of any cash dividends paid and the market value of any dividends paid other than in cash, per share of the same class or series of shares since the date, up to the amount of the interest. (c) The consideration to be received by holders of a particular class or series of outstanding shares, including common shares, of the target corporation in a significant business transaction is in cash or in the same form as the acquiring person has used to acquire the largest number of shares of the same class or series of shares previously acquired by the person, and the consideration shall be distributed promptly. (d) The significant business transaction is approved at an annual meeting of shareholders, or special meeting of shareholders called for such a purpose, no earlier than five years after the acquiring person’s share acquisition time, by a majority of the votes entitled to be counted within each voting group entitled to vote separately on the transaction. The votes of all outstanding shares entitled to vote under this title or the articles of incorporation shall be entitled to be counted under this subsection except that the votes of shares as to which an acquiring person has beneficial ownership or voting control may not be counted to determine whether shareholders have approved a transaction for purposes of this subsection. The votes of shares as to which an acquiring person has [Title 23B RCW—page 62] beneficial ownership or voting control shall, however, be counted in determining whether a transaction is approved under other sections of this title and for purposes of determining a quorum. (3) Subsection (2) of this section does not apply to a target corporation that on June 6, 1996, had a provision in its articles of incorporation, adopted under RCW 23B.17.020(3)(d), expressly electing not to be covered under RCW 23B.17.020, which is repealed by section 6, chapter 155, Laws of 1996. (4) A significant business transaction that is made in violation of subsection (1) or (2) of this section and that is not exempt under RCW 23B.19.030 is void. [2007 c 45 § 1; 1997 c 19 § 3; 1996 c 155 § 3; 1989 c 165 § 200.] *Reviser’s note: RCW 23B.17.020 was repealed by 1996 c 155 § 6. 23B.19.050 Provisions of chapter additional to other requirements. The requirements imposed by this chapter are to be in addition to, and not in lieu of, requirements imposed on a transaction by any provision in the articles of incorporation or the bylaws of the target corporation, or otherwise. [1989 c 165 § 201.] 23B.19.050 Chapter 23B.900 Chapter 23B.900 RCW CONSTRUCTION Sections 23B.900.010 23B.900.020 23B.900.030 23B.900.040 23B.900.050 Savings provisions—1989 c 165. Severability—1989 c 165. Repealer—1989 c 165. Effective date—1989 c 165. Section headings—1989 c 165. 23B.900.010 Savings provisions—1989 c 165. (1) Except as provided in subsection (2) of this section, the repeal of a statute by this title does not affect: (a) The operation of the statute or any action taken under it before its repeal; (b) Any ratification, right, remedy, privilege, obligation, or liability acquired, accrued, or incurred under the statute before its repeal; (c) Any violation of the statute, or any penalty, forfeiture, or punishment incurred because of the violation, before its repeal; or (d) Any proceeding, reorganization, or dissolution commenced under the statute before its repeal, and the proceeding, reorganization, or dissolution may be completed in accordance with the statute as if it had not been repealed. (2) If a penalty or punishment imposed for violation of a statute repealed by this title is reduced by this title, the penalty or punishment if not already imposed shall be imposed in accordance with this title. [1989 c 165 § 202.] 23B.900.010 23B.900.020 Severability—1989 c 165. If any provision of this title or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of the title that can be given effect without the invalid provision or application, and to this end the provisions of the title are severable. [1989 c 165 § 203.] 23B.900.020 (2008 Ed.) Construction 23B.900.030 Repealer—1989 c 165. § 204. 23B.900.030 23B.900.050 See 1989 c 165 23B.900.040 Effective date—1989 c 165. This title shall take effect July 1, 1990. [1989 c 165 § 205.] 23B.900.040 23B.900.050 Section headings—1989 c 165. Section headings as used in this title do not constitute any part of the law. [1989 c 165 § 206.] 23B.900.050 (2008 Ed.) [Title 23B RCW—page 63] Title 24 Title 24 CORPORATIONS AND ASSOCIATIONS (NONPROFIT) Chapters 24.03 Washington nonprofit corporation act. 24.06 Nonprofit miscellaneous and mutual corporations act. 24.12 Corporations sole. 24.20 Fraternal societies. 24.24 Building corporations composed of fraternal society members. 24.28 Granges. 24.34 Agricultural processing and marketing associations. 24.36 Fish marketing act. 24.40 Tax reform act of 1969, state implementation— Not for profit corporations. 24.44 Uniform management of institutional funds act. 24.46 Foreign trade zones. 24.50 Washington manufacturing services. Acknowledgment form, corporations: RCW 64.08.070. Actions by and against public corporations: RCW 4.08.110, 4.08.120. Constitutional provisions, generally: State Constitution Art. 12. Consumer loan act: Chapter 31.04 RCW. Contribution of corporate funds, public, charitable, etc., purposes: RCW 23B.03.020(2)(o). Crimes relating to corporations: Chapter 9.24 RCW. Criminal procedure: RCW 10.01.070 through 10.01.100. Dentistry, practice or solicitation prohibited: RCW 18.32.675. Doing business without license, gross misdemeanor: RCW 9.24.040. Eminent domain by corporations: Chapter 8.20 RCW. False statements, penalty for filing: RCW 43.07.210. Foreign corporations generally: RCW 23B.16.220 and chapters 23B.01 and 23B.15 RCW. nonadmitted, powers relative to secured interests: Chapter 23B.18 RCW. Legal services, advertising of, penalty: RCW 30.04.260. Materials specifically authorized to be printed and distributed by secretary of state: RCW 43.07.140. Partnerships: Title 25 RCW. "Person" defined: RCW 1.16.080. Seals, effect of: RCW 64.04.105. Secretary of state, duties: Chapter 43.07 RCW. Chapter 24.03 RCW WASHINGTON NONPROFIT CORPORATION ACT Chapter 24.03 Sections 24.03.005 24.03.007 24.03.008 24.03.009 24.03.010 24.03.015 24.03.017 24.03.020 24.03.025 24.03.027 (2008 Ed.) Definitions. Standards for electronic filing—Rules. Records submitted for filing—Exact or conformed copies. Notice by electronic transmission—Consent required—When effective. Applicability. Purposes. Corporation may elect to have chapter apply to it—Procedure. Incorporators. Articles of incorporation. Filing false statements—Penalty. 24.03.030 24.03.035 24.03.040 24.03.043 24.03.045 24.03.046 24.03.047 24.03.048 24.03.050 24.03.055 24.03.060 24.03.065 24.03.070 24.03.075 24.03.080 24.03.085 24.03.090 24.03.095 24.03.100 24.03.103 24.03.1031 24.03.105 24.03.110 24.03.113 24.03.115 24.03.120 24.03.125 24.03.127 24.03.130 24.03.135 24.03.140 24.03.145 24.03.150 24.03.155 24.03.160 24.03.165 24.03.170 24.03.175 24.03.180 24.03.183 24.03.185 24.03.190 24.03.195 24.03.200 24.03.205 24.03.207 24.03.210 24.03.215 24.03.217 24.03.220 24.03.225 24.03.230 24.03.235 24.03.240 24.03.245 24.03.250 24.03.255 24.03.260 24.03.265 24.03.270 24.03.290 24.03.295 24.03.300 24.03.302 Limitations. General powers. Defense of ultra vires. Indemnification of agents of any corporation authorized. Corporate name. Reservation of exclusive right to use a corporate name. Registration of corporate name. Renewal of registration of corporate name. Registered office and registered agent. Change of registered office or registered agent. Service of process on corporation. Members—Member committees. Bylaws. Meetings of members and committees of members. Notice of members’ meetings. Voting. Quorum. Board of directors. Number and election or appointment of directors. Removal of directors. Judicial removal of directors. Vacancies. Quorum of directors. Assent presumed—Procedures for dissent or abstention. Committees. Place and notice of directors’ meetings. Officers. Duties of a director. Removal of officers. Required documents in the form of a record—Inspection— Copying. Loans to directors and officers prohibited. Filing of articles of incorporation. Effect of filing the articles of incorporation. Organization meetings. Right to amend articles of incorporation. Procedure to amend articles of incorporation. Articles of amendment. Filing of articles of amendment. Effect of filing of articles of amendment. Restated articles of incorporation. Procedure for merger. Procedure for consolidation. Approval of merger or consolidation. Articles of merger or consolidation. Merger or consolidation—When effective. Merger or consolidation of domestic and foreign corporation. Effect of merger or consolidation. Sale, lease, exchange, or other disposition of assets not in the ordinary course of business. Sale, lease, exchange, or disposition of assets in course of business—Mortgage and pledge of assets. Voluntary dissolution. Distribution of assets. Plan of distribution. Revocation of voluntary dissolution proceedings. Articles of dissolution. Filing of articles of dissolution. Involuntary dissolution. Notification to attorney general. Venue and process. Jurisdiction of court to liquidate assets and affairs of corporation. Procedure in liquidation of corporation by court. Decree of involuntary dissolution. Filing of decree of dissolution. Survival of remedy after dissolution—Extension of duration of corporation. Administrative dissolution—Grounds—Notice—Reinstatement—Fee set by rule—Corporate name—Survival of actions. [Title 24 RCW—page 1] 24.03.005 24.03.3025 24.03.303 24.03.305 24.03.307 24.03.310 24.03.315 24.03.320 24.03.325 24.03.330 24.03.332 24.03.334 24.03.335 24.03.340 24.03.345 24.03.350 24.03.360 24.03.365 24.03.370 24.03.375 24.03.380 24.03.385 24.03.386 24.03.388 24.03.390 24.03.395 24.03.400 24.03.405 24.03.410 24.03.415 24.03.417 24.03.420 24.03.425 24.03.430 24.03.435 24.03.440 24.03.445 24.03.450 24.03.455 24.03.460 24.03.465 24.03.470 24.03.480 24.03.490 24.03.500 24.03.510 24.03.520 24.03.530 24.03.540 24.03.900 24.03.905 24.03.910 24.03.915 24.03.920 24.03.925 Title 24 RCW: Corporations and Associations (Nonprofit) Administrative dissolution or revocation of a certificate of authority—Corporation name not distinguishable from name of governmental entity—Application by governmental entity. Reinstatement under certain circumstances—Request for relief. Admission of foreign corporation. Foreign degree-granting institution branch campus—Acts not deemed transacting business in state. Powers of foreign corporation. Corporate name of foreign corporation—Fictitious name. Change of name by foreign corporation. Application for certificate of authority. Filing of application for certificate of authority. Certificate of authority as insurance company—Filing of records. Certificate of authority as insurance company—Registration or reservation of name. Effect of certificate of authority. Registered office and registered agent of foreign corporation. Change of registered office or registered agent of foreign corporation. Service on foreign corporation. Merger of foreign corporation authorized to conduct affairs in this state. Amended certificate of authority. Withdrawal of foreign corporation. Filing of application for withdrawal. Revocation of certificate of authority—Notice. Issuance of certificate of revocation. Foreign corporations—Application for reinstatement. Foreign corporations—Fees for application for reinstatement—Filing current annual report—Penalties established by rule. Conducting affairs without certificate of authority. Annual report of domestic and foreign corporations—Biennial filing may be authorized. Filing of annual or biennial report of domestic and foreign corporations—Notice—Reporting dates. Fees for filing documents and issuing certificates. Miscellaneous fees. Disposition of fees. Fees for services by secretary of state. Penalties imposed upon corporation. Penalties imposed upon directors and officers. Interrogatories by secretary of state. Confidential nature of information disclosed by interrogatories. Power and authority of secretary of state. Appeal from disapproval of secretary of state. Certificates and certified copies to be received in evidence. Greater voting requirements. Waiver of notice. Action by members or directors without a meeting. Unauthorized assumption of corporate powers. Postsecondary education loans—Interest rates. Public benefit nonprofit corporation designation established. Public benefit nonprofit corporations—Temporary designation. Public benefit nonprofit corporations—Application. Public benefit nonprofit corporations—Renewal. Public benefit nonprofit corporations—Fees. Public benefit nonprofit corporations—Removal of status. Short title. Savings—1967 c 235. Severability—1967 c 235. Notice to existing corporations. Repealer—Exception. Effective date—1967 c 235. Organization of condominium unit owners’ association: RCW 64.34.300. Revolving fund of secretary of state, deposit of moneys for costs of carrying out secretary of state’s functions under this chapter: RCW 43.07.130. 24.03.005 Definitions. As used in this chapter, unless the context otherwise requires, the term: (1) "Corporation" or "domestic corporation" means a corporation not for profit subject to the provisions of this chapter, except a foreign corporation. (2) "Foreign corporation" means a corporation not for profit organized under laws other than the laws of this state. 24.03.005 [Title 24 RCW—page 2] (3) "Not for profit corporation" or "nonprofit corporation" means a corporation no part of the income of which is distributable to its members, directors or officers. (4) "Articles of incorporation" and "articles" mean the original articles of incorporation and all amendments thereto, and includes articles of merger and restated articles. (5) "Bylaws" means the code or codes of rules adopted for the regulation or management of the affairs of the corporation irrespective of the name or names by which such rules are designated. (6) "Member" means an individual or entity having membership rights in a corporation in accordance with the provisions of its articles or [of] incorporation or bylaws. (7) "Board of directors" means the group of persons vested with the management of the affairs of the corporation irrespective of the name by which such group is designated in the articles or bylaws. (8) "Insolvent" means inability of a corporation to pay debts as they become due in the usual course of its affairs. (9) "Deliver" means: (a) Mailing; (b) transmission by facsimile equipment, for purposes of delivering a demand, consent, notice, or waiver to the corporation or one of its officers, directors, or members; (c) electronic transmission, in accordance with the officer’s, director’s, or member’s consent, for purposes of delivering a demand, consent, notice, or waiver to the corporation or one of its officers, directors, or members under RCW 24.03.009; and (d) as prescribed by the secretary of state for purposes of submitting a record for filing with the secretary of state. (10) "Conforms to law" as used in connection with duties of the secretary of state in reviewing records for filing under this chapter, means the secretary of state has determined that the record complies as to form with the applicable requirements of this chapter. (11) "Effective date" means, in connection with a record filing made by the secretary of state, the date which is shown by affixing a "filed" stamp on the records. When a record is received for filing by the secretary of state in a form which complies with the requirements of this chapter and which would entitle the record to be filed immediately upon receipt, but the secretary of state’s approval action occurs subsequent to the date of receipt, the secretary of state’s filing date shall relate back to the date on which the secretary of state first received the record in acceptable form. An applicant may request a specific effective date no more than thirty days later than the receipt date which might otherwise be applied as the effective date. (12) "Electronic transmission" means an electronic communication (a) not directly involving the physical transfer of a record in a tangible medium and (b) that may be retained, retrieved, and reviewed by the sender and the recipient thereof, and that may be directly reproduced in a tangible medium by a sender and recipient. (13) "Electronically transmitted" means the initiation of an electronic transmission. (14) "Execute," "executes," or "executed" means (a) signed, with respect to a written record or (b) electronically transmitted along with sufficient information to determine the sender’s identity, with respect to an electronic transmission, or (c) filed in compliance with the standards for filing with the office of the secretary of state as prescribed by the (2008 Ed.) Washington Nonprofit Corporation Act secretary of state, with respect to a record to be filed with the secretary of state. (15) "Executed by an officer of the corporation," or words of similar import, means that any record executed by such person shall be and is executed by that person under penalties of perjury and in an official and authorized capacity on behalf of the corporation or person making the record submission with the secretary of state and, for the purpose of records filed electronically with the secretary of state, in compliance with the rules adopted by the secretary of state for electronic filing. (16) "An officer of the corporation" means, in connection with the execution of records submitted for filing with the secretary of state, the president, a vice president, the secretary, or the treasurer of the corporation. (17) "Public benefit not for profit corporation" or "public benefit nonprofit corporation" means a corporation no part of the income of which is distributable to its members, directors, or officers and that holds a current tax exempt status as provided under 26 U.S.C. Sec. 501(c)(3) or is specifically exempted from the requirement to apply for its tax exempt status under 26 U.S.C. Sec. 501(c)(3). (18) "Record" means information inscribed on a tangible medium or contained in an electronic transmission. (19) "Tangible medium" means a writing, copy of a writing, facsimile, or a physical reproduction, each on paper or on other tangible material. (20) "Writing" does not include an electronic transmission. (21) "Written" means embodied in a tangible medium. [2004 c 265 § 1; 2002 c 74 § 4; 1989 c 291 § 3; 1986 c 240 § 1; 1982 c 35 § 72; 1967 c 235 § 2.] Captions not law—2002 c 74: See note following RCW 19.09.020. Finding—Severability—1989 c 291: See notes following RCW 24.03.490. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.007 24.03.007 Standards for electronic filing—Rules. The secretary of state may adopt rules to facilitate electronic filing. The rules will detail the circumstances under which the electronic filing of records will be permitted, how the records will be filed, and how the secretary of state will return filed records. The rules may also impose additional requirements related to implementation of electronic filing processes, including but not limited to file formats, signature technologies, delivery, and the types of entities or records permitted. [2004 c 265 § 2; 2002 c 74 § 5.] Captions not law—2002 c 74: See note following RCW 19.09.020. 24.03.008 24.03.008 Records submitted for filing—Exact or conformed copies. A record submitted to the secretary of state for filing under this chapter must be accompanied by an exact or conformed copy of the record, unless the secretary of state provides by rule that an exact or conformed copy is not required. [2004 c 265 § 3; 2002 c 74 § 6.] Captions not law—2002 c 74: See note following RCW 19.09.020. (2008 Ed.) 24.03.010 24.03.009 Notice by electronic transmission—Consent required—When effective. (1) A notice to be provided by electronic transmission must be electronically transmitted. (2) Notice to members and directors in an electronic transmission that otherwise complies with the requirements of this chapter is effective only with respect to members and directors who have consented, in the form of a record, to receive electronically transmitted notices under this chapter. (a) Notice to members and directors includes material that this chapter requires or permits to accompany the notice. (b) A member or director who provides consent, in the form of a record, to receipt of electronically transmitted notices shall designate in the consent the message format accessible to the recipient, and the address, location, or system to which these notices may be electronically transmitted. (c) A member or director who has consented to receipt of electronically transmitted notices may revoke the consent by delivering a revocation to the corporation in the form of a record. (d) The consent of any member or director is revoked if the corporation is unable to electronically transmit two consecutive notices given by the corporation in accordance with the consent, and this inability becomes known to the secretary of the corporation or other person responsible for giving the notice. The inadvertent failure by the corporation to treat this inability as a revocation does not invalidate any meeting or other action. (3) Notice to members or directors who have consented to receipt of electronically transmitted notices may be provided notice by posting the notice on an electronic network and delivering to the member or director a separate record of the posting, together with comprehensible instructions regarding how to obtain access to this posting on the electronic network. (4) Notice provided in an electronic transmission is effective when it: (a) Is electronically transmitted to an address, location, or system designated by the recipient for that purpose, and is made pursuant to the consent provided by the recipient; or (b) has been posted on an electronic network and a separate record of the posting has been delivered to the recipient together with comprehensible instructions regarding how to obtain access to the posting on the electronic network. [2004 c 265 § 4.] 24.03.009 24.03.010 Applicability. The provisions of this chapter relating to domestic corporations shall apply to: (1) All corporations organized hereunder; and (2) All not for profit corporations heretofore organized under any act hereby repealed, for a purpose or purposes for which a corporation might be organized under this chapter; and (3) Any corporation to which this chapter does not otherwise apply, which is authorized to elect, and does elect, in accordance with the provisions of this chapter, as now or hereafter amended, to have the provisions of this chapter apply to it. The provisions of this chapter relating to foreign corporations shall apply to all foreign not for profit corporations conducting affairs in this state for a purpose or purposes for which a corporation might be organized under this chapter. [1971 ex.s. c 53 § 1; 1967 c 235 § 3.] 24.03.010 [Title 24 RCW—page 3] 24.03.015 Title 24 RCW: Corporations and Associations (Nonprofit) Repealer—Savings—1967 c 235: See RCW 24.03.920, 24.03.905. 24.03.015 Purposes. Corporations may be organized under this chapter for any lawful purpose or purposes, including, without being limited to, any one or more of the following purposes: Charitable; benevolent; eleemosynary; educational; civic; patriotic; political; religious; social; fraternal; literary; cultural; athletic; scientific; agricultural; horticultural; animal husbandry; and professional, commercial, industrial or trade association; but labor unions, cooperative organizations, and organizations subject to any of the provisions of the banking or insurance laws of this state may not be organized under this chapter: PROVIDED, That any not for profit corporation heretofore organized under any act hereby repealed and existing for the purpose of providing health care services as defined in RCW 48.44.010(1) or 48.46.020(1), as now or hereafter amended, shall continue to be organized under this chapter. [1986 c 240 § 2; 1983 c 106 § 22; 1967 c 235 § 4.] 24.03.015 Repealer—Savings—1967 c 235: See RCW 24.03.920, 24.03.905. Fish marketing act: Chapter 24.36 RCW. Granges: Chapter 24.28 RCW. Insurance: Title 48 RCW. Labor unions: Chapter 49.36 RCW. 24.03.017 Corporation may elect to have chapter apply to it—Procedure. Any corporation organized under any act of the state of Washington for any one or more of the purposes for which a corporation may be organized under this chapter and for no purpose other than those permitted by this chapter, and to which this chapter does not otherwise apply, may elect to have this chapter and the provisions thereof apply to such corporation. Such corporation may so elect by having a resolution to do so adopted by the governing body of such corporation and by delivering to the secretary of state a statement of election in accordance with this section. Such statement of election shall be executed by the corporation by an officer of the corporation, and shall set forth: (1) The name of the corporation; (2) The act which created the corporation or pursuant to which it was organized; (3) That the governing body of the corporation has elected to have this chapter and the provisions thereof apply to the corporation. The statement of election shall be delivered to the secretary of state. If the secretary of state finds that the statement of election conforms to law, the secretary of state shall, when fees in the same amount as required by this chapter for filing articles of incorporation have been paid, endorse on the statement the word "filed" and the effective date of the filing thereof, shall file the statement, and shall issue a certificate of elective coverage to which an exact or conformed copy of the statement shall be affixed. The certificate of elective coverage together with the exact or conformed copy of the statement affixed thereto by the secretary of state shall be returned to the corporation or its representative. Upon the filing of the statement of elective coverage, the provisions of this chapter shall apply to the corporation which thereafter shall be subject to and shall have 24.03.017 [Title 24 RCW—page 4] the benefits of this chapter and the provisions thereof as they exist on the date of filing such statement of election and as they may be amended from time to time thereafter, including, without limiting the generality of the foregoing, the power to amend its charter or articles of incorporation, whether or not created by special act of the legislature, delete provisions therefrom and add provisions thereto in any manner and to any extent it may choose to do from time to time so long as its amended articles shall not be inconsistent with the provisions of this chapter. [2004 c 265 § 5; 1982 c 35 § 73; 1971 ex.s. c 53 § 2.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.020 Incorporators. One or more persons of the age of eighteen years or more, or a domestic or foreign, profit or nonprofit, corporation, may act as incorporator or incorporators of a corporation by executing and delivering to the secretary of state articles of incorporation for such corporation. [2004 c 265 § 6; 1986 c 240 § 3; 1982 c 35 § 74; 1967 c 235 § 5.] 24.03.020 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.025 Articles of incorporation. The articles of incorporation shall set forth: (1) The name of the corporation. (2) The period of duration, which may be perpetual or for a stated number of years. (3) The purpose or purposes for which the corporation is organized. (4) Any provisions, not inconsistent with law, which the incorporators elect to set forth in the articles of incorporation for the regulation of the internal affairs of the corporation, including provisions regarding: (a) Distribution of assets on dissolution or final liquidation; (b) The definition, limitation, and regulation of the powers of the corporation, the directors, and the members, if any; (c) Eliminating or limiting the personal liability of a director to the corporation or its members, if any, for monetary damages for conduct as a director: PROVIDED, That such provision shall not eliminate or limit the liability of a director for acts or omissions that involve intentional misconduct by a director or a knowing violation of law by a director, or for any transaction from which the director will personally receive a benefit in money, property, or services to which the director is not legally entitled. No such provision may eliminate or limit the liability of a director for any act or omission occurring before the date when such provision becomes effective; and (d) Any provision which under this title is required or permitted to be set forth in the bylaws. (5) The address of its initial registered office, including street and number, and the name of its initial registered agent at such address. (6) The number of directors constituting the initial board of directors, and the names and addresses of the persons who are to serve as the initial directors. (7) The name and address of each incorporator. 24.03.025 (2008 Ed.) Washington Nonprofit Corporation Act (8) The name of any person or corporations to whom net assets are to be distributed in the event the corporation is dissolved. It shall not be necessary to set forth in the articles of incorporation any of the corporate powers enumerated in this chapter. Unless the articles of incorporation provide that a change in the number of directors shall be made only by amendment to the articles of incorporation, a change in the number of directors made by amendment to the bylaws shall be controlling. In all other cases, whenever a provision of the articles of incorporation is inconsistent with a bylaw, the provision of the articles of incorporation shall be controlling. [1987 c 212 § 703; 1982 c 35 § 75; 1967 c 235 § 6.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. Amending articles of incorporation: RCW 24.03.160 through 24.03.180. Bylaws: RCW 24.03.070. 24.03.027 Filing false statements—Penalty. RCW 43.07.210. 24.03.027 See 24.03.030 Limitations. A corporation subject to this chapter: (1) Shall not have or issue shares of stock; (2) Shall not make any disbursement of income to its members, directors or officers; (3) Shall not loan money or credit to its officers or directors; (4) May pay compensation in a reasonable amount to its members, directors or officers for services rendered; (5) May confer benefits upon its members in conformity with its purposes; and (6) Upon dissolution or final liquidation may make distributions to its members as permitted by this chapter, and no such payment, benefit or distribution shall be deemed to be a dividend or a distribution of income. [1986 c 240 § 4; 1967 c 235 § 7.] 24.03.030 24.03.035 General powers. Each corporation shall have power: (1) To have perpetual succession by its corporate name unless a limited period of duration is stated in its articles of incorporation. (2) To sue and be sued, complain and defend, in its corporate name. (3) To have a corporate seal which may be altered at pleasure, and to use the same by causing it, or a facsimile thereof, to be impressed or affixed or in any other manner reproduced. (4) To purchase, take, receive, lease, take by gift, devise or bequest, or otherwise acquire, own, hold, improve, use and otherwise deal in and with real or personal property, or any interest therein, wherever situated. (5) To sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise dispose of all or any part of its property and assets. (6) To lend money or credit to its employees other than its officers and directors. 24.03.035 (2008 Ed.) 24.03.035 (7) To purchase, take, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge, or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in, or obligations of, other domestic or foreign corporations, whether for profit or not for profit, associations, partnerships or individuals, or direct or indirect obligations of the United States, or of any other government, state, territory, governmental district or municipality or of any instrumentality thereof. (8) To make contracts and incur liabilities, borrow money at such rates of interest as the corporation may determine, issue its notes, bonds, and other obligations, and secure any of its obligations by mortgage or pledge of all or any of its property, franchises and income. (9) To lend money for its corporate purposes, invest and reinvest its funds, and take and hold real and personal property as security for the payment of funds so loaned or invested. (10) To conduct its affairs, carry on its operations, and have offices and exercise the powers granted by this chapter in any state, territory, district, or possession of the United States, or in any foreign country. (11) To elect or appoint officers and agents of the corporation, and define their duties and fix their compensation. (12) To make and alter bylaws, not inconsistent with its articles of incorporation or with the laws of this state, for the administration and regulation of the affairs of the corporation. (13) Unless otherwise provided in the articles of incorporation, to make donations for the public welfare or for charitable, scientific or educational purposes; and in time of war to make donations in aid of war activities. (14) To indemnify any director or officer or former director or officer or other person in the manner and to the extent provided in RCW 23B.08.500 through 23B.08.600, as now existing or hereafter amended. (15) To make guarantees respecting the contracts, securities, or obligations of any person (including, but not limited to, any member, any affiliated or unaffiliated individual, domestic or foreign, profit or not for profit, corporation, partnership, association, joint venture or trust) if such guarantee may reasonably be expected to benefit, directly or indirectly, the guarantor corporation. As to the enforceability of the guarantee, the decision of the board of directors that the guarantee may be reasonably expected to benefit, directly or indirectly, the guarantor corporation shall be binding in respect to the issue of benefit to the guarantor corporation. (16) To pay pensions and establish pension plans, pension trusts, and other benefit plans for any or all of its directors, officers, and employees. (17) To be a promoter, partner, member, associate or manager of any partnership, joint venture, trust or other enterprise. (18) To be a trustee of a charitable trust, to administer a charitable trust and to act as executor in relation to any charitable bequest or devise to the corporation. This subsection shall not be construed as conferring authority to engage in the general business of trusts nor in the business of trust banking. (19) To cease its corporate activities and surrender its corporate franchise. [Title 24 RCW—page 5] 24.03.040 Title 24 RCW: Corporations and Associations (Nonprofit) (20) To have and exercise all powers necessary or convenient to effect any or all of the purposes for which the corporation is organized. [1991 c 72 § 42; 1986 c 240 § 5; 1967 c 235 § 8.] Unauthorized assumption of corporate power: RCW 24.03.470. 24.03.040 Defense of ultra vires. No act of a corporation and no conveyance or transfer of real or personal property to or by a corporation shall be invalid by reason of the fact that the corporation was without capacity or power to do such act or to make or receive such conveyance or transfer, but such lack of capacity or power may be asserted: (1) In a proceeding by a member or a director against the corporation to enjoin the doing or continuation of unauthorized acts, or the transfer of real or personal property by or to the corporation. If the unauthorized acts or transfer sought to be enjoined are being, or are to be, performed pursuant to any contract to which the corporation is a party, the court may, if all of the parties to the contract are parties to the proceeding and if it deems the same to be equitable, set aside and enjoin the performance of such contract, and in so doing may allow to the corporation or the other parties to the contract, as the case may be, compensation for the loss or damage sustained by either of them which may result from the action of the court in setting aside and enjoining the performance of such contract, but anticipated profits to be derived from the performance of the contract shall not be awarded by the court as a loss or damage sustained. (2) In a proceeding by the corporation, whether acting directly or through a receiver, trustee, or other legal representative, or through members in a representative suit, against the officers or directors of the corporation for exceeding their authority. (3) In a proceeding by the attorney general, as provided in this chapter, to dissolve the corporation, or in a proceeding by the attorney general to enjoin the corporation from performing unauthorized acts, or in any other proceeding by the attorney general. [1967 c 235 § 9.] 24.03.040 Dissolution: RCW 24.03.220 through 24.03.270. 24.03.043 Indemnification of agents of any corporation authorized. See RCW 23B.17.030. 24.03.043 24.03.045 Corporate name. The corporate name: (1) Shall not contain any word or phrase which indicates or implies that it is organized for any purpose other than one or more of the purposes contained in its articles of incorporation. (2)(a) Except as provided in (b) and (c) of this subsection, must be distinguishable upon the records of the secretary of state from: (i) The corporate name or reserved name of a corporation or domestic corporation organized or authorized to transact business under this chapter; (ii) A corporate name reserved or registered under chapter 23B.04 RCW; (iii) The fictitious name adopted under RCW 23B.15.060 by a foreign corporation authorized to transact business in this state because its real name is unavailable; 24.03.045 [Title 24 RCW—page 6] (iv) The name or reserved name of a mutual corporation or miscellaneous corporation incorporated or authorized to do business under chapter 24.06 RCW; (v) The name or reserved name of a foreign or domestic limited partnership formed or registered under chapter 25.10 RCW; (vi) The name or reserved name of a limited liability company organized or registered under chapter 25.15 RCW; and (vii) The name or reserved name of a limited liability partnership registered under chapter 25.04 RCW. (b) A corporation may apply to the secretary of state for authorization to use a name that is not distinguishable upon the records from one or more of the names described in (a) of this subsection. The secretary of state shall authorize use of the name applied for if: (i) The other corporation, company, holder, limited liability partnership, or limited partnership consents to the use in the form of a record and files with the secretary of state records necessary to change its name or the name reserved or registered to a name that is distinguishable upon the records of the secretary of state from the name of the applying corporation; or (ii) The applicant delivers to the secretary of state a certified copy of the final judgment of a court of competent jurisdiction establishing the applicant’s right to use the name applied for in this state. (c) A corporation may use the name, including the fictitious name, of another domestic or foreign corporation, limited liability company, limited partnership, or limited liability partnership, that is used in this state if the other entity is formed or authorized to transact business in this state, and the proposed user corporation: (i) Has merged with the other corporation, limited liability company, or limited partnership; or (ii) Has been formed by reorganization of the other corporation. (3) Shall be transliterated into letters of the English alphabet, if it is not in English. (4) Shall not include or end with "incorporated," "company," "corporation," "partnership," "limited partnership," or "Ltd.," or any abbreviation thereof, but may use "club," "league," "association," "services," "committee," "fund," "society," "foundation," ". . . . . ., a nonprofit corporation," or any name of like import. (5) May only include the term "public benefit" or names of like import if the corporation has been designated as a public benefit nonprofit corporation by the secretary in accordance with this chapter. (6) A name shall not be considered distinguishable upon the records of the secretary of state by virtue of: (a) A variation in any of the following designations for the same name: "Corporation," "incorporated," "company," "limited," "partnership," "limited partnership," "limited liability company," or "limited liability partnership," or the abbreviations "corp.," "inc.," "co.," "ltd.," "LP," "L.P.," "LLP," "L.L.P.," "LLC," or "L.L.C."; (b) The addition or deletion of an article or conjunction such as "the" or "and" from the same name; (c) Punctuation, capitalization, or special characters or symbols in the same name; or (2008 Ed.) Washington Nonprofit Corporation Act (d) Use of abbreviation or the plural form of a word in the same name. (7) This title does not control the use of assumed business names or "trade names." [2004 c 265 § 7; 1998 c 102 § 3; 1994 c 211 § 1305; 1989 c 291 § 10; 1987 c 55 § 39; 1986 c 240 § 6; 1982 c 35 § 76; 1967 c 235 § 10.] Effective date—Severability—1994 c 211: See RCW 25.15.900 and 25.15.902. Finding—Severability—1989 c 291: See notes following RCW 24.03.490. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. Corporate name of foreign corporation: RCW 24.03.315. 24.03.046 Reservation of exclusive right to use a corporate name. The exclusive right to the use of a corporate name may be reserved by: (1) Any person intending to organize a corporation under this title. (2) Any domestic corporation intending to change its name. (3) Any foreign corporation intending to make application for a certificate of authority to transact business in this state. (4) Any foreign corporation authorized to transact business in this state and intending to change its name. (5) Any person intending to organize a foreign corporation and intending to have such corporation make application for a certificate of authority to transact business in this state. The reservation shall be made by filing with the secretary of state an application to reserve a specified corporate name, executed by or on behalf of the applicant. If the secretary of state finds that the name is available for corporate use, the secretary of state shall reserve the same for the exclusive use of the applicant for a period of one hundred and eighty days. Such reservation shall be limited to one filing. The right to the exclusive use of a specified corporate name so reserved may be transferred to any other person or corporation by filing in the office of the secretary of state, a notice of such transfer, executed by the applicant for whom the name was reserved, and specifying the name and address of the transferee. [1993 c 356 § 1; 1982 c 35 § 77.] 24.03.046 Effective date—1993 c 356: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993." [1993 c 356 § 25.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.047 Registration of corporate name. Any corporation, organized and existing under the laws of any state or territory of the United States may register its corporate name under this title, provided its corporate name is not the same as, or deceptively similar to, the name of any domestic corporation existing under the laws of this state, the name of any foreign corporation authorized to transact business in this state, the name of any domestic limited liability company organized under the laws of this state, the name of any foreign limited liability company authorized to transact business in this state, the name of any limited partnership on file with 24.03.047 (2008 Ed.) 24.03.050 the secretary, or any corporate name reserved or registered under this title. Such registration shall be made by: (1) Filing with the secretary of state: (a) An application for registration executed by the corporation by an officer thereof, setting forth the name of the corporation, the state or country under the laws of which it is incorporated, [and] the date of its incorporation, and (b) a certificate setting forth that such corporation is in good standing under the laws of the state or territory wherein it is organized, executed by the secretary of state of such state or country or by such other official as may have custody of the records pertaining to corporations, and (2) Paying to the secretary of state the applicable registration fee. The registration shall be effective until the close of the calendar year in which the application for registration is filed. [1994 c 211 § 1306; 1993 c 356 § 2; 1987 c 55 § 40; 1986 c 240 § 7; 1982 c 35 § 78.] Effective date—Severability—1994 c 211: See RCW 25.15.900 and 25.15.902. Effective date—1993 c 356: See note following RCW 24.03.046. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.048 Renewal of registration of corporate name. A corporation which has in effect a registration of its corporate name, may renew such registration from year to year by annually filing an application for renewal setting forth the facts required to be set forth in an original application for registration and a certificate of good standing as required for the original registration and by paying the applicable fee. A renewal application may be filed between the first day of October and the thirty-first day of December in each year, and shall extend the registration for the following calendar year. [1986 c 240 § 8; 1982 c 35 § 79.] 24.03.048 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.050 Registered office and registered agent. Each corporation shall have and continuously maintain in this state: (1) A registered office which may be, but need not be, the same as its principal office. The registered office shall be at a specific geographic location in this state, and be identified by number, if any, and street, or building address or rural route, or, if a commonly known street or rural route address does not exist, by legal description. A registered office may not be identified by post office box number or other nongeographic address. For purposes of communicating by mail, the secretary of state may permit the use of a post office address in conjunction with the registered office address if the corporation also maintains on file the specific geographic address of the registered office where personal service of process may be made. (2) A registered agent, which agent may be either an individual resident in this state whose business office is identical with such registered office, or a domestic corporation, whether for profit or not for profit, or a foreign corporation, whether for profit or not for profit, authorized to transact business or conduct affairs in this state, having an office iden24.03.050 [Title 24 RCW—page 7] 24.03.055 Title 24 RCW: Corporations and Associations (Nonprofit) tical with such registered office, or a domestic limited liability company whose business office is identical with the registered office, or a foreign limited liability company authorized to conduct affairs in this state whose business address is identical with the registered office. A registered agent shall not be appointed without having given prior consent to the appointment, in the form of a record. The consent shall be filed with the secretary of state in such form as the secretary may prescribe. The consent shall be filed with or as a part of the record first appointing a registered agent. In the event any individual, corporation, or limited liability company has been appointed agent without consent, that person, corporation, or limited liability company may file a notarized statement attesting to that fact, and the name shall immediately be removed from the records of the secretary of state. No Washington corporation or foreign corporation authorized to conduct affairs in this state may be permitted to maintain any action in any court in this state until the corporation complies with the requirements of this section. [2004 c 265 § 8; 1986 c 240 § 9; 1982 c 35 § 80; 1969 ex.s. c 163 § 1; 1967 c 235 § 11.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.055 Change of registered office or registered agent. A corporation may change its registered office or change its registered agent, or both, upon filing in the office of the secretary of state in the form prescribed by the secretary of state a statement setting forth: (1) The name of the corporation. (2) If the current registered office is to be changed, the street address to which the registered office is to be changed. (3) If the current registered agent is to be changed, the name of the new registered agent. (4) That the address of its registered office and the address of the office of its registered agent, as changed, will be identical. Such statement shall be executed by the corporation by an officer of the corporation, and delivered to the secretary of state, together with a consent, in the form of a record, of the registered agent to the appointment, if applicable. If the secretary of state finds that such statement conforms to the provisions of this chapter, the secretary of state shall endorse thereon the word "Filed," and the month, day, and year of the filing thereof, and file the statement. The change of address of the registered office, or the appointment of a new registered agent, or both, as the case may be, shall become effective upon filing unless a later date is specified. Any registered agent of a corporation may resign as such agent upon filing a notice thereof, in the form of a record, with the secretary of state, who shall immediately deliver an exact or conformed copy thereof to the corporation in care of an officer, who is not the resigning registered agent, at the address of such officer as shown by the most recent annual report of the corporation. The appointment of such agent shall terminate upon the expiration of thirty days after receipt of such notice by the secretary of state. If a registered agent changes the agent’s business address to another place within the state, the agent may change such address and the address of the registered office of any corporation of which the agent is a registered agent, by filing a 24.03.055 [Title 24 RCW—page 8] statement as required by this section except that it need be executed only by the registered agent, it need not be responsive to subsection (3) of this section, and it must recite that a copy of the statement has been delivered to the secretary of the corporation. [2004 c 265 § 9; 1993 c 356 § 3; 1986 c 240 § 10; 1982 c 35 § 81; 1967 c 235 § 12.] Effective date—1993 c 356: See note following RCW 24.03.046. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.060 Service of process on corporation. The registered agent so appointed by a corporation shall be an agent of such corporation upon whom any process, notice or demand required or permitted by law to be served upon the corporation may be served. Whenever a corporation shall fail to appoint or maintain a registered agent in this state, or whenever its registered agent cannot with reasonable diligence be found at the registered office, then the secretary of state shall be an agent of such corporation upon whom any such process, notice, or demand may be served. Service on the secretary of state of any such process, notice, or demand shall be made by delivering to and leaving with the secretary of state, or with any duly authorized clerk of the corporation department of the secretary of state’s office, duplicate copies of such process, notice or demand. In the event any such process, notice or demand is served on the secretary of state, the secretary of state shall immediately cause one of the copies thereof to be forwarded by certified mail, addressed to the secretary of the corporation as shown on the records of the secretary of state. Any service so had on the secretary of state shall be returnable in not less than thirty days. The secretary of state shall keep a record of all processes, notices and demands served upon the secretary of state under this section, and shall record therein the time of such service and the secretary of state’s action with reference thereto. Nothing herein contained shall limit or affect the right to serve any process, notice or demand required or permitted by law to be served upon a corporation in any other manner now or hereafter permitted by law. [1986 c 240 § 11; 1982 c 35 § 82; 1967 c 235 § 13.] 24.03.060 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.065 Members—Member committees. (1) A corporation may have one or more classes of members or may have no members. If the corporation has one or more classes of members, the designation of the class or classes, the manner of election or appointment and the qualifications and rights of the members of each class must be set forth in the articles of incorporation or the bylaws. Unless otherwise specified in the articles of incorporation or the bylaws, an individual, domestic or foreign profit or nonprofit corporation, a general or limited partnership, an association or other entity may be a member of a corporation. If the corporation has no members, that fact must be set forth in the articles of incorporation or the bylaws. A corporation may issue certificates evidencing membership therein. (2) A corporation may have one or more member committees. The creation, makeup, authority, and operating procedures of any member committee or committees must be 24.03.065 (2008 Ed.) Washington Nonprofit Corporation Act addressed in the corporation’s articles of incorporation or bylaws. [2004 c 98 § 1; 1986 c 240 § 12; 1967 c 235 § 14.] 24.03.070 Bylaws. The initial bylaws of a corporation shall be adopted by its board of directors. The power to alter, amend or repeal the bylaws or adopt new bylaws shall be vested in the board of directors unless otherwise provided in the articles of incorporation or the bylaws. The bylaws may contain any provisions for the regulation and management of the affairs of a corporation not inconsistent with law or the articles of incorporation. The board may adopt emergency bylaws in the manner provided by RCW 23B.02.070. [1991 c 72 § 43; 1986 c 240 § 13; 1967 c 235 § 15.] 24.03.070 24.03.075 Meetings of members and committees of members. Meetings of members and committees of members may be held at such place, either within or without this state, as stated in or fixed in accordance with the bylaws. In the absence of any such provision, all meetings must be held at the registered office of the corporation in this state. An annual meeting of the members must be held at the time stated in or fixed in accordance with the bylaws. Failure to hold the annual meeting at the designated time does not work a forfeiture or dissolution of the corporation. Special meetings of the members may be called by the president or by the board of directors. Special meetings of the members may also be called by other officers or persons or number or proportion of members as provided in the articles of incorporation or the bylaws. In the absence of a provision fixing the number or proportion of members entitled to call a meeting, a special meeting of members may be called by members having one-twentieth of the votes entitled to be cast at the meeting. Except as otherwise restricted by the articles of incorporation or the bylaws, members and any committee of members of the corporation may participate in a meeting by conference telephone or similar communications equipment so that all persons participating in the meeting can hear each other at the same time. Participation by that method constitutes presence in person at a meeting. [2004 c 98 § 2; 1986 c 240 § 14; 1967 c 235 § 16.] 24.03.075 24.03.080 Notice of members’ meetings. (1) Notice, in the form of a record, in a tangible medium, or in an electronic transmission, stating the place, day, and hour of the annual meeting and, in case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered not less than ten nor more than fifty days before the date of the meeting, by or at the direction of the president, or the secretary, or the officers or persons calling the meeting, to each member entitled to vote at such meeting. Notice of regular meetings other than annual shall be made by providing each member with the adopted schedule of regular meetings for the ensuing year at any time after the annual meeting and ten days prior to the next succeeding regular meeting and at any time when requested by a member or by such other notice as may be prescribed by the bylaws. (2) If notice is provided in a tangible medium, it may be transmitted by: Mail, private carrier, or personal delivery; telegraph or teletype; or telephone, wire, or wireless equip24.03.080 (2008 Ed.) 24.03.090 ment that transmits a facsimile of the notice. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail addressed to the member at his or her address as it appears on the records of the corporation, with postage thereon prepaid. Other forms of notice in a tangible medium described in this subsection are effective when received. (3) If notice is provided in an electronic transmission, it must satisfy the requirements of RCW 24.03.009. [2004 c 265 § 10; 1969 ex.s. c 115 § 1; 1967 c 235 § 17.] Waiver of notice: RCW 24.03.460. 24.03.085 Voting. (1) The right of the members, or any class or classes of members, to vote may be limited, enlarged or denied to the extent specified in the articles of incorporation or the bylaws. Unless so limited, enlarged or denied, each member, regardless of class, shall be entitled to one vote on each matter submitted to a vote of members. (2) A member may vote in person or, if so authorized by the articles of incorporation or the bylaws, may vote by mail, by electronic transmission, or by proxy in the form of a record executed by the member or a duly authorized attorneyin-fact. No proxy shall be valid after eleven months from the date of its execution, unless otherwise provided in the proxy. (3) If specifically permitted by the articles of incorporation or bylaws, whenever proposals or directors or officers are to be elected by members, the vote may be taken by mail or by electronic transmission if the name of each candidate and the text of each proposal to be voted upon are set forth in a record accompanying or contained in the notice of meeting. If the bylaws provide, an election may be conducted by electronic transmission if the corporation has designated an address, location, or system to which the ballot may be electronically transmitted and the ballot is electronically transmitted to the designated address, location, or system, in an executed electronically transmitted record. Members voting by mail or electronic transmission are present for all purposes of quorum, count of votes, and percentages of total voting power present. (4) The articles of incorporation or the bylaws may provide that in all elections for directors every member entitled to vote shall have the right to cumulate his [or her] vote and to give one candidate a number of votes equal to his [or her] vote multiplied by the number of directors to be elected, or by distributing such votes on the same principle among any number of such candidates. [2004 c 265 § 11; 1969 ex.s. c 115 § 2; 1967 c 235 § 18.] 24.03.085 Greater voting requirements: RCW 24.03.455. 24.03.090 Quorum. The bylaws may provide the number or percentage of members entitled to vote represented in person or by proxy, or the number or percentage of votes represented in person or by proxy, which shall constitute a quorum at a meeting of members. In the absence of any such provision, members holding one-tenth of the votes entitled to be cast represented in person or by proxy shall constitute a quorum. The vote of a majority of the votes entitled to be cast by the members present or represented by proxy at a meeting at which a quorum is present, shall be necessary for the adoption of any matter voted upon by the members, unless a 24.03.090 [Title 24 RCW—page 9] 24.03.095 Title 24 RCW: Corporations and Associations (Nonprofit) greater proportion is required by this chapter, the articles of incorporation or the bylaws. [1967 c 235 § 19.] the vote of the members of that class and not to the vote of the members as a whole. [1986 c 240 § 16.] Greater voting requirements: RCW 24.03.455. 24.03.1031 Judicial removal of directors. (1) The superior court of the county where a corporation’s principal office, or, if none in this state, its registered office, is located may remove a director of the corporation from office in a proceeding commenced by the corporation if the court finds that (a) the director engaged in fraudulent or dishonest conduct with respect to the corporation, and (b) removal is in the best interest of the corporation. (2) The court that removes a director may bar the director from reelection for a period prescribed by the court. [1999 c 32 § 1.] 24.03.1031 24.03.095 Board of directors. The affairs of a corporation shall be managed by a board of directors. Directors need not be residents of this state or members of the corporation unless the articles of incorporation or the bylaws so require. The articles of incorporation or the bylaws may prescribe other qualifications for directors. [1967 c 235 § 20.] 24.03.095 24.03.100 Number and election or appointment of directors. The board of directors of a corporation shall consist of one or more individuals. The number of directors shall be fixed by or in the manner provided in the articles of incorporation or the bylaws, except as to the number constituting the initial board of directors, which number shall be fixed by the articles of incorporation. The number of directors may be increased or decreased from time to time by amendment to or in the manner provided in the articles of incorporation or the bylaws, but a decrease shall not have the effect of shortening the term of any incumbent director. In the absence of a bylaw providing for the number of directors, the number shall be the same as that provided for in the articles of incorporation. The names and addresses of the members of the first board of directors shall be stated in the articles of incorporation. Such persons shall hold office until the first annual election of directors or for such other period as may be specified in the articles of incorporation or the bylaws. Thereafter, directors shall be elected or appointed in the manner and for the terms provided in the articles of incorporation or the bylaws. Directors may be divided into classes and the terms of office and manner of election or appointment need not be uniform. Each director shall hold office for the term for which the director is elected or appointed and until the director’s successor shall have been selected and qualified. [1986 c 240 § 15; 1967 c 235 § 21.] 24.03.100 24.03.103 Removal of directors. The bylaws or articles of incorporation may contain a procedure for removal of directors. If the articles of incorporation or bylaws provide for the election of any director or directors by members, then in the absence of any provision regarding removal of directors: (1) Any director elected by members may be removed, with or without cause, by two-thirds of the votes cast by members having voting rights with regard to the election of any director, represented in person or by proxy at a meeting of members at which a quorum is present; (2) In the case of a corporation having cumulative voting, if less than the entire board is to be removed, no one of the directors may be removed if the votes cast against that director’s removal would be sufficient to elect that director if then cumulatively voted at an election of the entire board of directors, or, if there be classes of directors, at an election of the class of directors of which he or she is a part; and (3) Whenever the members of any class are entitled to elect one or more directors by the provisions of the articles of incorporation, the provisions of this section shall apply, in respect to the removal of a director or directors so elected, to 24.03.103 [Title 24 RCW—page 10] 24.03.105 Vacancies. Any vacancy occurring in the board of directors and any directorship to be filled by reason of an increase in the number of directors may be filled by the affirmative vote of a majority of the remaining board of directors even though less than a quorum is present unless the articles of incorporation or the bylaws provide that a vacancy or directorship so created shall be filled in some other manner, in which case such provision shall control. A director elected or appointed, as the case may be, to fill a vacancy shall be elected or appointed for the unexpired term of his predecessor in office. [1986 c 240 § 17; 1967 c 235 § 22.] 24.03.105 24.03.110 Quorum of directors. A majority of the number of directors fixed by, or in the manner provided in the bylaws, or in the absence of a bylaw fixing or providing for the number of directors, then of the number fixed by or in the manner provided in the articles of incorporation, shall constitute a quorum for the transaction of business, unless otherwise provided in the articles of incorporation or the bylaws; but in no event shall a quorum consist of less than one-third of the number of directors so fixed or stated. The act of the majority of the directors present at a meeting at which a quorum is present shall be the act of the board of directors, unless the act of a greater number is required by this chapter, the articles of incorporation or the bylaws. [1986 c 240 § 18; 1967 c 235 § 23.] 24.03.110 Greater voting requirements: RCW 24.03.455. 24.03.113 Assent presumed—Procedures for dissent or abstention. A director of a corporation who is present at a meeting of its board of directors at which action on any corporate matter is taken shall be presumed to have assented to the action taken unless the director’s dissent or abstention shall be entered in the minutes of the meeting or unless the director shall deliver his or her dissent or abstention to such action to the person acting as the secretary of the meeting before the adjournment thereof, or shall deliver such dissent or abstention to the secretary of the corporation immediately after the adjournment of the meeting which dissent or abstention must be in the form of a record. Such right to dissent or abstain shall not apply to a director who voted in favor of such action. [2004 c 265 § 12; 1986 c 240 § 19.] 24.03.113 24.03.115 Committees. If the articles of incorporation or the bylaws so provide, the board of directors, by resolution 24.03.115 (2008 Ed.) Washington Nonprofit Corporation Act adopted by a majority of the directors in office, may designate and appoint one or more committees each of which shall consist of two or more directors, which committees, to the extent provided in such resolution, in the articles of incorporation or in the bylaws of the corporation, shall have and exercise the authority of the board of directors in the management of the corporation: PROVIDED, That no such committee shall have the authority of the board of directors in reference to amending, altering or repealing the bylaws; electing, appointing or removing any member of any such committee or any director or officer of the corporation; amending the articles of incorporation; adopting a plan of merger or adopting a plan of consolidation with another corporation; authorizing the sale, lease, or exchange of all or substantially all of the property and assets of the corporation not in the ordinary course of business; authorizing the voluntary dissolution of the corporation or revoking proceedings therefor; adopting a plan for the distribution of the assets of the corporation; or amending, altering or repealing any resolution of the board of directors which by its terms provides that it shall not be amended, altered or repealed by such committee. The designation and appointment of any such committee and the delegation thereto of authority shall not operate to relieve the board of directors, or any individual director of any responsibility imposed upon it or him by law. [1986 c 240 § 20; 1967 c 235 § 24.] 24.03.120 24.03.120 Place and notice of directors’ meetings. Meetings of the board of directors, regular or special, may be held either within or without this state. Regular meetings of the board of directors or of any committee designated by the board of directors may be held with or without notice as prescribed in the bylaws. Special meeting of the board of directors or any committee designated by the board of directors shall be held upon such notice as is prescribed in the bylaws. Attendance of a director or a committee member at a meeting shall constitute a waiver of notice of such meeting, except where a director or a committee member attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the board of directors or any committee designated by the board of directors need be specified in the notice or waiver of notice of such meeting unless required by the bylaws. If notice of regular or special meetings is provided by electronic transmission, it must satisfy the requirements of RCW 24.03.009. Except as may be otherwise restricted by the articles of incorporation or bylaws, members of the board of directors or any committee designated by the board of directors may participate in a meeting of such board or committee by means of a conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other at the same time and participation by such means shall constitute presence in person at a meeting. [2004 c 265 § 13; 1986 c 240 § 21; 1967 c 235 § 25.] Waiver of notice: RCW 24.03.460. (2008 Ed.) 24.03.135 24.03.125 Officers. The officers of a corporation shall consist of a president, one or more vice presidents, a secretary, and a treasurer, each of whom shall be elected or appointed at such time and in such manner and for such terms as may be prescribed in the articles of incorporation or the bylaws. In the absence of any such provision, all officers shall be elected or appointed annually by the board of directors. If the articles or bylaws so provide, any two or more offices may be held by the same person, except the offices of president and secretary. Such other officers and assistant officers or agents as may be deemed necessary may be elected or appointed by the board of directors or chosen in such other manner as may be prescribed by the articles or bylaws. The articles of incorporation or the bylaws may provide that any one or more officers of the corporation shall be ex officio members of the board of directors. The officers of a corporation may be designated by such additional titles as may be provided in the articles of incorporation or the bylaws. [1986 c 240 § 22; 1967 c 235 § 26.] 24.03.125 24.03.127 Duties of a director. A director shall perform the duties of a director, including the duties as a member of any committee of the board upon which the director may serve, in good faith, in a manner such director believes to be in the best interests of the corporation, and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. In performing the duties of a director, a director shall be entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, in each case prepared or presented by: (1) One or more officers or employees of the corporation whom the director believes to be reliable and competent in the matter presented; (2) Counsel, public accountants, or other persons as to matters which the director believes to be within such person’s professional or expert competence; or (3) A committee of the board upon which the director does not serve, duly designated in accordance with a provision in the articles of incorporation or bylaws, as to matters within its designated authority, which committee the director believes to merit confidence; so long as, in any such case, the director acts in good faith, after reasonable inquiry when the need therefor is indicated by the circumstances and without knowledge that would cause such reliance to be unwarranted. [1986 c 240 § 23.] 24.03.127 24.03.130 Removal of officers. Any officer elected or appointed may be removed by the persons authorized to elect or appoint such officer whenever in their judgment the best interests of the corporation will be served thereby. The removal of an officer shall be without prejudice to the contract rights, if any, of the officer so removed. Election or appointment of an officer or agent shall not of itself create contract rights. [1967 c 235 § 27.] 24.03.130 24.03.135 Required documents in the form of a record—Inspection—Copying. Each corporation shall keep at its registered office, its principal office in this state, or 24.03.135 [Title 24 RCW—page 11] 24.03.140 Title 24 RCW: Corporations and Associations (Nonprofit) at its secretary’s office if in this state, the following documents in the form of a record: (1) Current articles and bylaws; (2) A list of members, including names, addresses, and classes of membership, if any; (3) Correct and adequate statements of accounts and finances; (4) A list of officers’ and directors’ names and addresses; (5) Minutes of the proceedings of the members, if any, the board, and any minutes which may be maintained by committees of the board. The corporate records shall be open at any reasonable time to inspection by any member of more than three months standing or a representative of more than five percent of the membership. Cost of inspecting or copying shall be borne by such member except for costs for copies of articles or bylaws. Any such member must have a purpose for inspection reasonably related to membership interests. Use or sale of members’ lists by such member if obtained by inspection is prohibited. The superior court of the corporation’s or such member’s residence may order inspection and may appoint independent inspectors. Such member shall pay inspection costs unless the court orders otherwise. [2004 c 265 § 14; 1986 c 240 § 24; 1967 c 235 § 28.] 24.03.140 Loans to directors and officers prohibited. No loans shall be made by a corporation to its directors or officers. The directors of a corporation who vote for or assent to the making of a loan to a director or officer of the corporation, and any officer or officers participating in the making of such loan, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof. [1967 c 235 § 29.] 24.03.140 24.03.145 Filing of articles of incorporation. The articles of incorporation shall be delivered to the secretary of state. If the secretary of state finds that the articles of incorporation conform to law, the secretary of state shall, when all fees have been paid as in this chapter prescribed: (1) Endorse on the articles the word "Filed" and the effective date of the filing. (2) File the articles. (3) Issue a certificate of incorporation. The certificate of incorporation together with an exact or conformed copy of the articles of incorporation will be returned to the incorporators or their representative. [2002 c 74 § 7; 1982 c 35 § 83; 1967 c 235 § 30.] 24.03.145 Captions not law—2002 c 74: See note following RCW 19.09.020. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.150 Effect of filing the articles of incorporation. Upon the filing of the articles of incorporation, the corporate existence shall begin, and the certificate of incorporation shall be conclusive evidence that all conditions precedent required to be performed by the incorporators have been complied with and that the corporation has been incorporated under this chapter, except as against the state in a proceeding to cancel or revoke the certificate of incorporation or for 24.03.150 [Title 24 RCW—page 12] involuntary or administrative dissolution. [1986 c 240 § 25; 1982 c 35 § 84; 1967 c 235 § 31.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.155 Organization meetings. After the issuance of the certificate of incorporation an organization meeting of the board of directors named in the articles of incorporation shall be held, either within or without this state, at the call of a majority of the directors named in the articles of incorporation, for the purpose of adopting bylaws, electing officers and the transaction of such other business as may come before the meeting. The directors calling the meeting shall give at least three days’ notice thereof by mail, facsimile transmission, or electronic transmission to each director so named, which notice shall be in the form of a record and shall state the time and place of the meeting. If notice is provided by electronic transmission, it must satisfy the requirements of RCW 24.03.009. Any action permitted to be taken at the organization meeting of the directors may be taken without a meeting if each director executes a record stating the action so taken. [2004 c 265 § 15; 1986 c 240 § 26; 1967 c 235 § 32.] 24.03.155 24.03.160 Right to amend articles of incorporation. A corporation may amend its articles of incorporation, from time to time, in any and as many respects as may be desired, so long as its articles of incorporation as amended contain only such provisions as are lawful under this chapter. [1967 c 235 § 33.] 24.03.160 24.03.165 Procedure to amend articles of incorporation. Amendments to the articles of incorporation shall be made in the following manner: (1) Where there are members having voting rights, with regard to the question, the board of directors shall adopt a resolution setting forth the proposed amendment and directing that it be submitted to a vote at a meeting of members having voting rights, which may be either an annual or a special meeting. Notice in the form of a record setting forth the proposed amendment or a summary of the changes to be effected thereby shall be given to each member entitled to vote at such meeting within the time and in the manner provided in this chapter for the giving of notice of meetings of members. The proposed amendment shall be adopted upon receiving at least two-thirds of the votes which members present at such meeting or represented by proxy are entitled to cast. (2) Where there are no members, or no members having voting rights, with regard to the question, an amendment shall be adopted at a meeting of the board of directors upon receiving the vote of a majority of the directors in office. Any number of amendments may be submitted and voted upon at any one meeting. [2004 c 265 § 16; 1986 c 240 § 27; 1967 c 235 § 34.] 24.03.165 24.03.170 Articles of amendment. The articles of amendment shall be executed by the corporation by an officer of the corporation, and shall set forth: (1) The name of the corporation. (2) The amendment so adopted. 24.03.170 (2008 Ed.) Washington Nonprofit Corporation Act (3) Where there are members having voting rights, (a) a statement setting forth the date of the meeting of members at which the amendment was adopted, that a quorum was present at such meeting, and that such amendment received at least two-thirds of the votes which members present at such meeting or represented by proxy were entitled to cast, or (b) a statement that such amendment was adopted by a consent in the form of a record executed by all members entitled to vote with respect thereto. (4) Where there are no members, or no members having voting rights, a statement of such fact, the date of the meeting of the board of directors at which the amendment was adopted, and a statement of the fact that such amendment received the vote of a majority of the directors in office. [2004 c 265 § 17; 1982 c 35 § 85; 1967 c 235 § 35.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.175 Filing of articles of amendment. The articles of amendment shall be delivered to the secretary of state. If the secretary of state finds that the articles of amendment conform to law, the secretary of state shall, when all fees have been paid as in this chapter prescribed: (1) Endorse on the articles the word "Filed," and the effective date of the filing. (2) File the articles. The exact or conformed copy of the articles of amendment bearing the filing endorsement affixed thereto by the secretary of state, shall be returned to the corporation or its representative. [2002 c 74 § 8; 1982 c 35 § 86; 1967 c 235 § 36.] 24.03.175 Captions not law—2002 c 74: See note following RCW 19.09.020. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. Fees: RCW 24.03.405, 24.03.410. 24.03.180 Effect of filing of articles of amendment. Upon the filing of the articles of amendment by the secretary of state, or on such later date, not more than thirty days subsequent to the filing thereof by the secretary of state, as may be provided in the articles of amendment, the amendment shall become effective and the articles of incorporation shall be deemed to be amended accordingly. No amendment shall affect any existing cause of action in favor of or against such corporation, or any pending action to which such corporation shall be a party, or the existing rights of persons other than members; and, in the event the corporate name shall be changed by amendment, no action brought by or against such corporation under its former name shall abate for that reason. [1986 c 240 § 28; 1982 c 35 § 87; 1967 c 235 § 37.] 24.03.180 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.183 Restated articles of incorporation. A domestic corporation may at any time restate its articles of incorporation by a resolution adopted by the board of directors. A corporation may amend and restate in one resolution, but may not present the amendments and restatement for filing by the secretary in a single record. Separate articles of amendment, under RCW 24.03.165 and articles of restate24.03.183 (2008 Ed.) 24.03.190 ment, under this section, must be presented notwithstanding the corporation’s adoption of a single resolution of amendment and restatement. Upon the adoption of the resolution, restated articles of incorporation shall be executed by the corporation by one of its officers. The restated articles shall set forth all of the operative provisions of the articles of incorporation together with a statement that the restated articles of incorporation correctly set forth without change the provisions of the articles of incorporation as amended and that the restated articles of incorporation supersede the original articles of incorporation and all amendments thereto. The restated articles of incorporation shall be delivered to the secretary of state. If the secretary of state finds that the restated articles of incorporation conform to law, the secretary of state shall, when all fees required by this title have been paid: (1) Endorse on the articles the word "Filed" and the date of the filing; (2) File the restated articles. An exact or conformed copy of the restated articles of incorporation bearing the endorsement affixed thereto by the secretary of state, shall be returned to the corporation or its representative. Upon the filing of the restated articles of incorporation by the secretary of state, the restated articles of incorporation shall become effective and shall supersede the original articles of incorporation and all amendments thereto. [2004 c 265 § 18; 2002 c 74 § 9; 1986 c 240 § 29; 1982 c 35 § 88.] Captions not law—2002 c 74: See note following RCW 19.09.020. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.185 Procedure for merger. Any two or more domestic corporations subject to this chapter may merge into one of such corporations pursuant to a plan of merger approved in the manner provided in this chapter. Each corporation shall adopt a plan of merger setting forth: (1) The names of the corporations proposing to merge, and the name of the corporation into which they propose to merge, which is hereinafter designated as the surviving corporation. (2) The terms and conditions of the proposed merger. (3) A statement of any changes in the articles of incorporation of the surviving corporation to be effected by such merger. (4) Such other provisions with respect to the proposed merger as are deemed necessary or desirable. [1986 c 240 § 30; 1967 c 235 § 38.] 24.03.185 24.03.190 Procedure for consolidation. Any two or more domestic corporations subject to this chapter may consolidate into a new corporation pursuant to a plan of consolidation approved in the manner provided in this chapter. Each corporation shall adopt a plan of consolidation setting forth: (1) The names of the corporations proposing to consolidate, and the name of the new corporation into which they propose to consolidate, which is hereinafter designated as the new corporation. 24.03.190 [Title 24 RCW—page 13] 24.03.195 Title 24 RCW: Corporations and Associations (Nonprofit) (2) The terms and conditions of the proposed consolidation. (3) With respect to the new corporation, all of the statements required to be set forth in articles of incorporation for corporations organized under this chapter. (4) Such other provisions with respect to the proposed consolidation as are deemed necessary or desirable. [1986 c 240 § 31; 1967 c 235 § 39.] 24.03.195 24.03.195 Approval of merger or consolidation. A plan of merger or consolidation shall be adopted in the following manner: (1) Where the members of any merging or consolidating corporation have voting rights with regard to the question, the board of directors of such corporation shall adopt a resolution approving the proposed plan and directing that it be submitted to a vote at a meeting of members having voting rights, which may be either an annual or a special meeting. Notice in the form of a record setting forth the proposed plan or a summary thereof shall be given to each member entitled to vote at such meeting within the time and in the manner provided in this chapter for the giving of notice of meetings of members. The proposed plan shall be adopted upon receiving at least two-thirds of the votes which members present at each such meeting or represented by proxy are entitled to cast. (2) Where any merging or consolidating corporation has no members, or no members having voting rights with regard to the question, a plan of merger or consolidation shall be adopted at a meeting of the board of directors of such corporation upon receiving the vote of a majority of the directors in office. After such approval, and at any time prior to the filing of the articles of merger or consolidation, the merger or consolidation may be abandoned pursuant to provisions therefor, if any, set forth in the plan of merger or consolidation. [2004 c 265 § 19; 1986 c 240 § 32; 1967 c 235 § 40.] 24.03.200 24.03.200 Articles of merger or consolidation. (1) Upon such approval, articles of merger or articles of consolidation shall be executed by each corporation by an officer of each corporation, and shall set forth: (a) The plan of merger or the plan of consolidation; (b) Where the members of any merging or consolidating corporation have voting rights, then as to each such corporation (i) a statement setting forth the date of the meeting of members at which the plan was adopted, that a quorum was present at such meeting, and that such plan received at least two-thirds of the votes which members present at such meeting or represented by proxy were entitled to cast, or (ii) a statement that such amendment was adopted by a consent in the form of a record executed by all members entitled to vote with respect thereto; (c) Where any merging or consolidating corporation has no members, or no members having voting rights, then as to each such corporation a statement of such fact, the date of the meeting of the board of directors at which the plan was adopted and a statement of the fact that such plan received the vote of a majority of the directors in office. [Title 24 RCW—page 14] (2) The articles of merger or articles of consolidation shall be delivered to the secretary of state. If the secretary of state finds that such articles conform to law, the secretary of state shall, when all fees have been paid as in this chapter prescribed: (a) Endorse on the articles of merger or consolidation the word "Filed," and the date of the filing; (b) File the articles of merger or consolidation. An exact or conformed copy of the articles of merger or articles of consolidation bearing the filing endorsement affixed thereto by the secretary of state, shall be returned to the surviving or new corporation, as the case may be, or its representative. [2004 c 265 § 20; 2002 c 74 § 10; 1986 c 240 § 33; 1982 c 35 § 89; 1967 c 235 § 41.] Captions not law—2002 c 74: See note following RCW 19.09.020. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.205 Merger or consolidation—When effective. A merger or consolidation shall become effective upon the filing of the articles of merger or articles of consolidation with the secretary of state, or on such later date, not more than thirty days after the filing thereof with the secretary of state, as shall be provided for in the plan. [1986 c 240 § 34; 1982 c 35 § 90; 1967 c 235 § 42.] 24.03.205 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.207 Merger or consolidation of domestic and foreign corporation. One or more foreign corporations and one or more domestic corporations may be merged or consolidated in the following manner, if such merger or consolidation is permitted by the laws of the state under which each such foreign corporation is organized: (1) Each domestic corporation shall comply with the provisions of this title with respect to the merger or consolidation as the case may be, of domestic corporations and each foreign corporation shall comply with the applicable provisions of the laws of the state under which it is organized. (2) If the surviving or new corporation in a merger or consolidation is to be governed by the laws of any state other than this state, it shall comply with the provisions of this title with respect to foreign corporations if it is to transact business in this state, and in every case it shall file with the secretary of state of this state: (a) An agreement that it may be served with process in this state in any proceeding for the enforcement of any obligation of any domestic corporation which is a party to the merger or consolidation and in any proceeding for the enforcement of the rights, if any, of a member of any such domestic corporation against the surviving or new corporation; and (b) An irrevocable appointment of the secretary of state of this state as its agent to accept service of process in any such proceeding. The effect of the merger or consolidation shall be the same as in the case of the merger or consolidation of domestic corporations, if the surviving or new corporation is to be governed by the laws of this state. If the surviving or new corporation is to be governed by the laws of any state other than this state, the effect of the merger or consolidation shall 24.03.207 (2008 Ed.) Washington Nonprofit Corporation Act be the same as in the case of the merger or consolidation of domestic corporations except as the laws of the other state provide otherwise. (3) At any time prior to the effective date of the articles of merger or consolidation, the merger or consolidation may be abandoned pursuant to provision therefor, if any, set forth in the plan of merger or consolidation. In the event the merger or consolidation is abandoned, the parties thereto shall execute a notice of abandonment in triplicate executed by an officer for each corporation executing the notice, which must be in the form of a record. If the secretary of state finds the notice conforms to law, the secretary of state shall: (a) Endorse on each of the originals the word "Filed" and the date of the filing; (b) File one of the triplicate originals in the secretary of state’s office; and (c) Issue the other triplicate originals to the respective parties or their representatives. [2004 c 265 § 21; 1986 c 240 § 35; 1982 c 35 § 91.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.210 Effect of merger or consolidation. When such merger or consolidation has been affected: (1) The several corporations parties to the plan of merger or consolidation shall be a single corporation, which, in the case of a merger, shall be that corporation designated in the plan of merger as the surviving corporation, and, in the case of a consolidation, shall be the new corporation provided for in the plan of consolidation. (2) The separate existence of all corporations parties to the plan of merger or consolidation, except the surviving or new corporation, shall cease. (3) Such surviving or new corporation shall have all the rights, privileges, immunities and powers and shall be subject to all the duties and liabilities of a corporation organized under this chapter. (4) Such surviving or new corporation shall thereupon and thereafter possess all the rights, privileges, immunities, and franchises, as well of a public as of a private nature, of each of the merging or consolidating corporations; and all property, real, personal and mixed, and all debts due on whatever account, and all other choses in action, and all and every other interest, of or belonging to or due to each of the corporations so merged or consolidated, shall be taken and deemed to be transferred to and vested in such single corporation without further act or deed; and the title to any real estate, or any interest therein, vested in any of such corporations shall not revert or be in any way impaired by reason of such merger or consolidation. (5) Such surviving or new corporation shall thenceforth be responsible and liable for all the liabilities and obligations of each of the corporations so merged or consolidated; and any claim existing or action or proceeding pending by or against any of such corporations may be prosecuted as if such merger or consolidation had not taken place, or such surviving or new corporation may be substituted in its place. Neither the rights of creditors nor any liens upon the property of any such corporation shall be impaired by such merger or consolidation. 24.03.210 (2008 Ed.) 24.03.217 (6) In the case of a merger, the articles of incorporation of the surviving corporation shall be deemed to be amended to the extent, if any, that changes in its articles of incorporation are stated in the plan of merger; and, in the case of a consolidation, the statements set forth in the articles of consolidation and which are required or permitted to be set forth in the articles of incorporation of corporations organized under this chapter shall be deemed to be the articles of incorporation of the new corporation. [1967 c 235 § 43.] 24.03.215 Sale, lease, exchange, or other disposition of assets not in the ordinary course of business. A sale, lease, exchange, or other disposition of all, or substantially all, the property and assets of a corporation, if not in the ordinary course of business, may be made upon such terms and conditions and for such consideration, which may consist in whole or in part of money or property, real or personal, including shares of any corporation for profit, domestic or foreign, as may be authorized in the following manner: (1) Where there are members having voting rights with regard to the question, the board of directors shall adopt a resolution recommending such sale, lease, exchange, or other disposition and directing that it be submitted to a vote at a meeting of members having voting rights, which may be either an annual or a special meeting. Notice in the form of a record stating that the purpose, or one of the purposes, of such meeting is to consider the sale, lease, exchange, or other disposition of all, or substantially all, the property and assets of the corporation shall be given to each member entitled to vote at such meeting, within the time and in the manner provided by this chapter for the giving of notice of meetings of members. At such meeting the members may authorize such sale, lease, exchange, or other disposition and may fix, or may authorize the board of directors to fix, any or all of the terms and conditions thereof and the consideration to be received by the corporation therefor. Such authorization shall require at least two-thirds of the votes which members present at such meeting or represented by proxy are entitled to cast. After such authorization by a vote of members, the board of directors, nevertheless, in its discretion, may abandon such sale, lease, exchange, or other disposition of assets, subject to the rights of third parties under any contracts relating thereto, without further action or approval by members. (2) Where there are no members, or no members having voting rights with regard to the question, a sale, lease, exchange, or other disposition of all, or substantially all, the property and assets of a corporation shall be authorized upon receiving the vote of a majority of the directors in office. [2004 c 265 § 22; 1986 c 240 § 36; 1967 c 235 § 44.] 24.03.215 24.03.217 Sale, lease, exchange, or disposition of assets in course of business—Mortgage and pledge of assets. The sale, lease, exchange or other disposition of all, or substantially all, the property and assets of a corporation in the usual and regular course of its business and the mortgage or pledge of any or all property and assets of a corporation whether or not in the usual course of business may be made upon such terms and conditions and for such consideration, which may consist in whole or in part of money or property, real or personal, including shares, obligations, or other secu24.03.217 [Title 24 RCW—page 15] 24.03.220 Title 24 RCW: Corporations and Associations (Nonprofit) rities of any other corporation, domestic or foreign, as shall be authorized by its board of directors. In any such case, no other authorization or consent of any member shall be required. [1986 c 240 § 37.] 24.03.220 Voluntary dissolution. A corporation may dissolve and wind up its affairs in the following manner: (1) Where there are members having voting rights with regard to the question, the board of directors shall adopt a resolution recommending that the corporation be dissolved, and directing that the question of such dissolution be submitted to a vote at a meeting of members having such voting rights, which may be either an annual or a special meeting. Notice in the form of a record stating that the purpose, or one of the purposes, of such meeting is to consider the advisability of dissolving the corporation, shall be given to each member entitled to vote at such meeting, within the time and in the manner provided in this chapter for the giving of notice of meetings of members. A resolution to dissolve the corporation shall be adopted upon receiving at least two-thirds of the votes which members present at such meeting or represented by proxy are entitled to cast. (2) Where there are no members, or no members having voting rights with regard to the question, the dissolution of the corporation shall be authorized at a meeting of the board of directors upon the adoption of a resolution to dissolve by the vote of a majority of the directors in office. Upon the adoption of such resolution by the members, or by the board of directors where there are no members or no members having voting rights, the corporation shall cease to conduct its affairs except in so far as may be necessary for the winding up thereof, shall immediately cause a notice of the proposed dissolution to be mailed to each known creditor of the corporation, to the attorney general with respect to assets subject to RCW 24.03.225(3), and to the department of revenue, and shall proceed to collect its assets and apply and distribute them as provided in this chapter. [2004 c 265 § 23; 1986 c 240 § 38; 1982 c 35 § 92; 1967 c 235 § 45.] 24.03.220 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.225 Distribution of assets. The assets of a corporation in the process of dissolution shall be applied and distributed as follows: (1) All liabilities and obligations of the corporation shall be paid, satisfied and discharged, or adequate provision shall be made therefor; (2) Assets held by the corporation upon condition requiring return, transfer or conveyance, which condition occurs by reason of the dissolution, shall be returned, transferred or conveyed in accordance with such requirements; (3) Assets received and held by the corporation subject to limitations permitting their use only for charitable, religious, eleemosynary, benevolent, educational or similar purposes, but not held upon a condition requiring return, transfer or conveyance by reason of the dissolution, shall be transferred or conveyed to one or more domestic or foreign corporations, societies or organizations engaged in activities substantially similar to those of the dissolving corporation, pursuant to a plan of distribution adopted as provided in this chapter; 24.03.225 [Title 24 RCW—page 16] (4) Other assets, if any, shall be distributed in accordance with the provisions of the articles of incorporation or the bylaws to the extent that the articles of incorporation or bylaws determine the distributive rights of members, or any class or classes of members, or provide for distribution to others; (5) Any remaining assets may be distributed to such persons, societies, organizations or domestic or foreign corporations, whether for profit or not for profit, as may be specified in a plan of distribution adopted as provided in this chapter. [1967 c 235 § 46.] 24.03.230 Plan of distribution. A plan providing for the distribution of assets, not inconsistent with the provisions of this chapter, may be adopted by a corporation in the process of dissolution and shall be adopted by a corporation for the purpose of authorizing any transfer or conveyance of assets for which this chapter requires a plan of distribution, in the following manner: (1) Where there are members having voting rights, the board of directors shall adopt a resolution recommending a plan of distribution and directing the submission thereof to a vote at a meeting of members having voting rights, which may be either an annual or a special meeting. Notice in the form of a record setting forth the proposed plan of distribution or a summary thereof shall be given to each member entitled to vote at such meeting, within the time and in the manner provided in this chapter for the giving of notice of meetings of members. Such plan of distribution shall be adopted upon receiving at least two-thirds of the votes which members present at such meeting or represented by proxy are entitled to cast. (2) Where there are no members, or no members having voting rights, a plan of distribution shall be adopted at a meeting of the board of directors upon receiving a vote of a majority of the directors in office. If the plan of distribution includes assets received and held by the corporation subject to limitations described in subsection (3) of RCW 24.03.225, notice of the adoption of the proposed plan shall be submitted to the attorney general by registered or certified mail directed to him at his office in Olympia, at least twenty days prior to the meeting at which the proposed plan is to be adopted. No plan for the distribution of such assets may be adopted without the approval of the attorney general, or the approval of a court of competent jurisdiction in a proceeding to which the attorney general is made a party. In the event that an objection is not filed within twenty days after the date of mailing, his approval shall be deemed to have been given. [2004 c 265 § 24; 1969 ex.s. c 115 § 3; 1967 c 235 § 47.] 24.03.230 24.03.235 Revocation of voluntary dissolution proceedings. A corporation may, at any time prior to the issuance of a certificate of dissolution by the secretary of state, revoke the action theretofore taken to dissolve the corporation, in the following manner: (1) Where there are members having voting rights, the board of directors shall adopt a resolution recommending that the voluntary dissolution proceedings be revoked, and directing that the question of such revocation be submitted to a vote 24.03.235 (2008 Ed.) Washington Nonprofit Corporation Act at a meeting of members having voting rights, which may be either an annual or a special meeting. Notice in the form of a record stating that the purpose, or one of the purposes, of such meeting is to consider the advisability of revoking the voluntary dissolution proceedings, shall be given to each member entitled to vote at such meeting, within the time and in the manner provided in this chapter for the giving of notice of meetings of members. A resolution to revoke the voluntary dissolution proceedings shall be adopted upon receiving at least two-thirds of the votes which members present at such meeting or represented by proxy are entitled to cast. (2) Where there are no members, or no members having voting rights, a resolution to revoke the voluntary dissolution proceedings shall be adopted at a meeting of the board of directors upon receiving the vote of a majority of the directors in office. Upon the adoption of such resolution by the members, or by the board of directors where there are no members or no members having voting rights, the corporation may thereupon again conduct its affairs. [2004 c 265 § 25; 1967 c 235 § 48.] Notice of members’ meetings: RCW 24.03.080. 24.03.240 Articles of dissolution. If voluntary dissolution proceedings have not been revoked, then when all debts, liabilities and obligations of the corporation shall have been paid and discharged, or adequate provision shall have been made therefor, and all of the remaining property and assets of the corporation shall have been transferred, conveyed or distributed in accordance with the provisions of this chapter, articles of dissolution shall be executed by the corporation by an officer of the corporation and shall set forth: (1) The name of the corporation. (2) Where there are members having voting rights, (a) a statement setting forth the date of the meeting of members at which the resolution to dissolve was adopted, that a quorum was present at such meeting, and that such resolution received at least two-thirds of the votes which members present at such meeting or represented by proxy were entitled to cast, or (b) a statement that such resolution was adopted by a consent in the form of a record executed by all members entitled to vote with respect thereto. (3) Where there are no members, or no members having voting rights, a statement of such fact, the date of the meeting of the board of directors at which the resolution to dissolve was adopted and a statement of the fact that such resolution received the vote of a majority of the directors in office. (4) That all debts, obligations, and liabilities of the corporation have been paid and discharged or that adequate provision has been made therefor. (5) A copy of a revenue clearance certificate issued pursuant to chapter 82.32 RCW. (6) That all the remaining property and assets of the corporation have been transferred, conveyed or distributed in accordance with the provisions of this chapter. (7) That there are no suits pending against the corporation in any court, or that adequate provision has been made for the satisfaction of any judgment, order or decree which may be entered against it in any pending suit. [2004 c 265 § 26; 1993 c 356 § 4; 1982 c 35 § 93; 1967 c 235 § 49.] 24.03.240 (2008 Ed.) 24.03.260 Effective date—1993 c 356: See note following RCW 24.03.046. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.245 Filing of articles of dissolution. Articles of dissolution shall be delivered to the secretary of state. If the secretary of state finds that such articles of dissolution conform to law, the secretary of state shall, when all requirements have been met as in this chapter prescribed: (1) Endorse on the articles of dissolution the word "Filed," and the effective date of the filing. (2) File the articles of dissolution. The exact or conformed copy of the articles of dissolution, bearing the filing endorsement affixed thereto by the secretary of state, shall be returned to the representative of the dissolved corporation. Upon the filing of such articles of dissolution the existence of the corporation shall cease, except for the purpose of suits, other proceedings and appropriate corporate action by members, directors and officers as provided in this chapter. [2002 c 74 § 11; 1982 c 35 § 94; 1967 c 235 § 50.] 24.03.245 Captions not law—2002 c 74: See note following RCW 19.09.020. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.250 Involuntary dissolution. A corporation may be dissolved involuntarily by a decree of the superior court in an action filed by the attorney general when it is established that: (1) The corporation procured its articles of incorporation through fraud; or (2) The corporation has continued to exceed or abuse the authority conferred upon it by law. [1969 ex.s. c 163 § 2; 1967 c 235 § 51.] 24.03.250 Filing annual or biennial report: RCW 24.03.400. 24.03.255 Notification to attorney general. The secretary of state shall certify, from time to time, the names of all corporations which have given cause for dissolution as provided in RCW 24.03.250, together with the facts pertinent thereto. Whenever the secretary of state shall certify the name of a corporation to the attorney general as having given any cause for dissolution, the secretary of state shall concurrently mail to the corporation at its registered office a notice that such certification has been made. Upon the receipt of such certification, the attorney general shall file an action in the name of the state against such corporation for its dissolution. [1982 c 35 § 95; 1969 ex.s. c 163 § 3; 1967 c 235 § 52.] 24.03.255 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.260 Venue and process. Every action for the involuntary dissolution of a corporation shall be commenced by the attorney general either in the superior court of the county in which the registered office of the corporation is situated, or in the superior court of Thurston county. Summons shall issue and be served as in other civil actions. If process is returned not found, the attorney general shall cause publication to be made as in other civil cases in some newspaper published in the county where the registered office of the corporation is situated, containing a notice of the pendency of 24.03.260 [Title 24 RCW—page 17] 24.03.265 Title 24 RCW: Corporations and Associations (Nonprofit) such action, the title of the court, the title of the action, and the date on or after which default may be entered. The attorney general may include in one notice the names of any number of corporations against which actions are then pending in the same court. The attorney general shall cause a copy of such notice to be mailed to the corporation at its registered office within ten days after the first publication thereof. The certificate of the attorney general of the mailing of such notice shall be prima facie evidence thereof. Such notice shall be published at least once each week for two successive weeks, and the first publication thereof may begin at any time after the summons has been returned. Unless a corporation shall have been served with summons, no default shall be taken against it earlier than thirty days after the first publication of such notice. [1967 c 235 § 53.] 24.03.265 Jurisdiction of court to liquidate assets and affairs of corporation. Superior courts shall have full power to liquidate the assets and affairs of a corporation: (1) In an action by a member, director, or the attorney general when it is made to appear: (a) That the directors are deadlocked in the management of the corporate affairs and that irreparable injury to the corporation is being suffered or is threatened by reason thereof, and either that the members are unable to break the deadlock or there are no members having voting rights; or (b) That the acts of the directors or those in control of the corporation are illegal, oppressive or fraudulent; or (c) That the corporate assets are being misapplied or wasted; or (d) That the corporation is unable to carry out its purposes. (2) In an action by a creditor: (a) When the claim of the creditor has been reduced to judgment and an execution thereon has been returned unsatisfied and it is established that the corporation is insolvent; or (b) When the corporation has admitted in writing that the claim of the creditor is due and owing and it is established that the corporation is insolvent. (3) Upon application by a corporation to have its dissolution continued under the supervision of the court. (4) When an action has been filed by the attorney general to dissolve a corporation under the provisions of this chapter and it is established that liquidation of its affairs should precede the entry of a decree of dissolution. Proceedings under subsections (1), (2), or (3) of this section shall be brought in the county in which the registered office or the principal office of the corporation is situated. It shall not be necessary to make directors or members parties to any such action or proceedings unless relief is sought against them personally. [1986 c 240 § 39; 1967 c 235 § 54.] 24.03.265 24.03.270 Procedure in liquidation of corporation by court. In proceedings to liquidate the assets and affairs of a corporation the court shall have the power to issue injunctions, to appoint a receiver or receivers pendente lite, with such powers and duties as the court, from time to time, may direct, and to take such other proceedings as may be requisite to preserve the corporate assets wherever situated, and carry 24.03.270 [Title 24 RCW—page 18] on the affairs of the corporation until a full hearing can be had. After a hearing had upon such notice as the court may direct to be given to all parties to the proceedings and to any other parties in interest designated by the court, the court may appoint a liquidating receiver or receivers with authority to collect the assets of the corporation. Such liquidating receiver or receivers shall have authority, subject to the order of the court, to sell, convey and dispose of all or any part of the assets of the corporation wherever situated, either at public or private sale. The order appointing such liquidating receiver or receivers shall state their powers and duties. Such powers and duties may be increased or diminished at any time during the proceedings. The assets of the corporation or the proceeds resulting from the sale, conveyance, or other disposition thereof shall be applied and distributed as follows: (1) All costs and expenses of the court proceedings and all liabilities and obligations of the corporation shall be paid, satisfied and discharged, or adequate provision shall be made therefor; (2) Assets held by the corporation upon condition requiring return, transfer or conveyance, which condition occurs by reason of the dissolution or liquidation, shall be returned, transferred or conveyed in accordance with such requirements; (3) Assets received and held by the corporation subject to limitations permitting their use only for charitable, religious, eleemosynary, benevolent, educational or similar purposes, but not held upon a condition requiring return, transfer or conveyance by reason of the dissolution or liquidation, shall be transferred or conveyed to one or more domestic or foreign corporations, societies or organizations engaged in activities substantially similar to those of the dissolving or liquidating corporation as the court may direct; (4) Other assets, if any, shall be distributed in accordance with the provisions of the articles of incorporation or the bylaws to the extent that the articles of incorporation or bylaws determine the distributive rights of members, or any class or classes of members, or provide for distribution to others; (5) Any remaining assets may be distributed to such persons, societies, organizations or domestic or foreign corporations, whether for profit or not for profit, specified in the plan of distribution adopted as provided in this chapter, or where no plan of distribution has been adopted, as the court may direct. The court shall have power to allow, from time to time, as expenses of the liquidation compensation to the receiver or receivers and to attorneys in the proceeding, and to direct the payment thereof out of the assets of the corporation or the proceeds of any sale or disposition of such assets. A receiver of a corporation appointed under the provisions of this section shall have authority to sue and defend in all courts in his own name as receiver of such corporation. The court appointing such receiver shall have exclusive jurisdiction of the corporation and its property, wherever situated. [1967 c 235 § 55.] 24.03.290 Decree of involuntary dissolution. In proceedings to liquidate the assets and affairs of a corporation, 24.03.290 (2008 Ed.) Washington Nonprofit Corporation Act when the costs and expenses of such proceedings and all debts, obligations, and liabilities of the corporation shall have been paid and discharged and all of its remaining property and assets distributed in accordance with the provisions of this chapter, or in case its property and assets are not sufficient to satisfy and discharge such costs, expenses, debts, and obligations, and all the property and assets have been applied so far as they will go to their payment, the court shall enter a decree dissolving the corporation, whereupon the existence of the corporation shall cease. [1967 c 235 § 59.] 24.03.295 24.03.295 Filing of decree of dissolution. In case the court shall enter a decree dissolving a corporation, it shall be the duty of the clerk of such court to cause a certified copy of the decree to be filed with the secretary of state. No fee shall be charged by the clerk for issuance or by the secretary of state for the filing thereof. [1986 c 240 § 40; 1967 c 235 § 60.] 24.03.300 24.03.300 Survival of remedy after dissolution— Extension of duration of corporation. The dissolution of a corporation either (1) by the filing and issuance of a certificate of dissolution, voluntary or administrative, by the secretary of state, or (2) by a decree of court when the court has not liquidated the assets and affairs of the corporation as provided in this chapter, or (3) by expiration of its period of duration, shall not take away or impair any remedy available to or against such corporation, its directors, officers, or members, for any right or claim existing, or any liability incurred, prior to such dissolution if action or other proceeding thereon is commenced within two years after the date of such dissolution. Any such action or proceeding by or against the corporation may be prosecuted or defended by the corporation in its corporate name. The members, directors and officers shall have power to take such corporate or other action as shall be appropriate to protect such remedy, right or claim. If such corporation was dissolved by the expiration of its period of duration, such corporation may amend its articles of incorporation at any time during such period of two years after expiration so as to extend its period of duration. If, during the period of dissolution, another person or corporation has reserved or adopted a corporate name which is identical to or deceptively similar to the dissolved corporation’s name, the corporation extending its period of duration shall be required to adopt another name consistent with the requirements of this chapter and to amend its articles of incorporation accordingly. The corporation shall also pay to the state all fees and penalties which would otherwise have been due if the corporate charter had not expired, plus a reinstatement fee as provided in this chapter. [1986 c 240 § 41; 1982 c 35 § 96; 1967 c 235 § 61.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.302 24.03.302 Administrative dissolution—Grounds— Notice—Reinstatement—Fee set by rule—Corporate name—Survival of actions. A corporation shall be administratively dissolved by the secretary of state upon the conditions prescribed in this section when the corporation: (2008 Ed.) 24.03.302 (1) Has failed to file or complete its annual report within the time required by law; or (2) Has failed for thirty days to appoint or maintain a registered agent in this state; or (3) Has failed for thirty days, after change of its registered agent or registered office, to file in the office of the secretary of state a statement of such change. A corporation shall not be dissolved under this section unless the secretary of state has given the corporation not less than sixty days’ notice of its delinquency or omission, by first-class mail, postage prepaid, addressed to the registered office, or, if there is no registered office, to the last known address of any officer or director as shown by the records of the secretary of state, and unless the corporation has failed to correct the omission or delinquency before expiration of the sixty-day period. When a corporation has given cause for dissolution under this section, and has failed to correct the delinquency or omission as provided in this section, the secretary of the state shall dissolve the corporation by issuing a certificate of administrative dissolution containing a statement that the corporation has been dissolved and the date and reason for which it was dissolved. The original certificate of administrative dissolution shall be filed in the records of the secretary of state, and a copy of the certificate shall forthwith be mailed to the corporation at its registered office or, if there is no registered office, to the last known address of the corporation or any officer, director, or incorporator of the corporation, as shown by the records of the secretary of state. Upon the filing of the certificate of administrative dissolution, the existence of the corporation shall cease, except as otherwise provided in this chapter, and its name shall be available to and may be adopted by another corporation after the dissolution. Any notice provided by the secretary of state under this section shall be designed to clearly identify and warn the recipient of the contents thereof. A delinquency notice shall provide a succinct and readable description of the delinquency or omission, the date on which dissolution will occur, and the action necessary to cure the delinquency or omission prior to dissolution. A corporation which has been dissolved by operation of this section may be reinstated within a period of three years following its administrative dissolution if it completes and files a current annual report for the reinstatement year or if it appoints or maintains a registered agent, or if it files with the secretary of state a required statement of change of registered agent or registered office and in addition, if it pays a reinstatement fee as set by rule by the secretary plus the full amount of all annual fees that would have been assessed for the years of administrative dissolution had the corporation been in active status, including the reinstatement year plus any penalties established by rule by the secretary of state. If, during the period of dissolution, another person or corporation has reserved or adopted a corporate name which is identical to or deceptively similar to the dissolved corporation’s name, the dissolved corporation seeking reinstatement shall be required to adopt another name consistent with the requirements of this chapter and to amend its articles of incorporation accordingly. When a corporation has been dissolved by operation of this section, remedies available to or against it shall survive in the manner provided in RCW [Title 24 RCW—page 19] 24.03.3025 Title 24 RCW: Corporations and Associations (Nonprofit) 24.03.300 and the directors of the corporation shall hold the title to the property of the corporation as trustees for the benefit of its creditors and members. [1994 c 287 § 8; 1993 c 356 § 5; 1987 c 117 § 3; 1986 c 240 § 42; 1982 c 35 § 97; 1971 ex.s. c 128 § 1; 1969 ex.s. c 163 § 9.] Effective date—1993 c 356: See note following RCW 24.03.046. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.3025 Administrative dissolution or revocation of a certificate of authority—Corporation name not distinguishable from name of governmental entity—Application by governmental entity. RCW 23B.14.203 applies to this chapter. [1997 c 12 § 2.] 24.03.3025 24.03.303 Reinstatement under certain circumstances—Request for relief. The secretary of state may, where exigent or mitigating circumstances are presented, reinstate to full active status any corporation previously in good standing which would otherwise be penalized or lose its active status. Any corporation desiring to seek relief under this section shall, within fifteen days of discovery by corporate officials of the missed filing or lapse, notify the secretary of state in writing. The notification shall include the name and mailing address of the corporation, the corporate officer to whom correspondence should be sent, and a statement under oath by a responsible corporate officer, setting forth the nature of the missed filing or lapse, the circumstances giving rise to the missed filing or lapse, and the relief sought. Upon receipt of the notice, the secretary of state shall investigate the circumstances of the missed filing or lapse. If the secretary of state is satisfied that sufficient exigent or mitigating circumstances exist, that the corporation has demonstrated good faith and a reasonable attempt to comply with the applicable corporate license statutes of this state, that disproportionate harm would occur to the corporation if relief were not granted, and that relief would not be contrary to the public interest expressed in this title, the secretary may issue an order reinstating the corporation and specifying any terms and conditions of the relief. Reinstatement may relate back to the date of lapse or dissolution. If the secretary of state determines the request does not comply with the requirements for relief, the secretary shall issue an order denying the requested relief and stating the reasons for the denial. Any denial of relief by the secretary of state is final and is not appealable. The secretary of state shall keep records of all requests for relief and the disposition of the requests. The secretary of state shall annually report to the legislature the number of relief requests received in the preceding year and a summary of the secretary’s disposition of the requests. [1987 c 117 § 6.] 24.03.303 24.03.305 Admission of foreign corporation. No foreign corporation shall have the right to conduct affairs in this state until it shall have procured a certificate of authority so to do from the secretary of state. No foreign corporation shall be entitled to procure a certificate of authority under this chapter to conduct in this state any affairs which a corporation organized under this chapter is not permitted to conduct. A foreign corporation shall not be denied a certificate of authority 24.03.305 [Title 24 RCW—page 20] by reason of the fact that the laws of the state or country under which such corporation is organized governing its organization and internal affairs differ from the laws of this state, and nothing in this chapter contained shall be construed to authorize this state to regulate the organization or the internal affairs of such corporation. Without excluding other activities which may not constitute conducting affairs in this state, a foreign corporation shall not be considered to be conducting affairs in this state, for the purposes of this chapter, by reason of carrying on in this state any one or more of the following activities: (1) Maintaining or defending any action or suit or any administrative or arbitration proceeding, or effecting the settlement thereof or the settlement of claims or disputes. (2) Holding meetings of its directors or members or carrying on other activities concerning its internal affairs. (3) Maintaining bank accounts. (4) Creating evidences of debt, mortgages or liens on real or personal property. (5) Securing or collecting debts due to it or enforcing any rights in property securing the same. (6) Effecting sales through independent contractors. (7) Soliciting or procuring orders, whether by mail or through employees or agents or otherwise, where such orders require acceptance without this state before becoming binding contracts. (8) Creating as borrower or lender, or acquiring, indebtedness or mortgages or other security interests in real or personal property. (9) Securing or collecting debts or enforcing any rights in property securing the same. (10) Transacting any business in interstate commerce. (11) Conducting an isolated transaction completed within a period of thirty days and not in the course of a number of repeated transactions of like nature. (12) Operating an approved branch campus of a foreign degree-granting institution in compliance with chapter 28B.90 RCW and in accordance with RCW 24.03.307. [1993 c 181 § 12; 1986 c 240 § 43; 1967 c 235 § 62.] 24.03.307 Foreign degree-granting institution branch campus—Acts not deemed transacting business in state. In addition to those acts that are specified in RCW 24.03.305 (1) through (11), a foreign degree-granting institution that establishes an approved branch campus in the state under chapter 28B.90 RCW shall not be deemed to transact business in the state solely because it: (1) Owns and controls an incorporated branch campus in this state; (2) Pays the expenses of tuition, or room and board charged by the incorporated branch campus for its students enrolled at the branch campus or contributes to the capital thereof; or (3) Provides personnel who furnish assistance and counsel to its students while in the state but who have no authority to enter into any transactions for or on behalf of the foreign degree-granting institution. [1993 c 181 § 6.] 24.03.307 24.03.310 Powers of foreign corporation. A foreign corporation which shall have received a certificate of author24.03.310 (2008 Ed.) Washington Nonprofit Corporation Act ity under this chapter shall, until a certificate of revocation or of withdrawal shall have been issued as provided in this chapter, enjoy the same, but no greater, rights and privileges as a domestic corporation organized for the purposes set forth in the application pursuant to which such certificate of authorization is issued; and, except as in this chapter otherwise provided, shall be subject to the same duties, restrictions, penalties and liabilities now or hereafter imposed upon a domestic corporation of like character. [1967 c 235 § 63.] 24.03.315 Corporate name of foreign corporation— Fictitious name. No certificate of authority shall be issued to a foreign corporation unless the corporate name of such corporation complies with the provisions of RCW 24.03.045. However, a foreign corporation applying for a certificate of authority may file with the secretary of state a resolution of its board of directors adopting a fictitious name for use in transacting business in this state, if the fictitious name complies with RCW 24.03.045. [1982 c 35 § 98; 1967 c 235 § 64.] 24.03.315 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. Registration of corporate name: RCW 24.03.047. Reservation of exclusive right to use a corporate name: RCW 24.03.046. 24.03.320 Change of name by foreign corporation. Whenever a foreign corporation which is authorized to conduct affairs in this state shall change its name to one under which a certificate of authority would not be granted to it on application therefor, the certificate of authority of such corporation shall be suspended and it shall not thereafter conduct any affairs in this state until it has changed its name to a name which is available to it under the laws of this state or has otherwise complied with the provisions of this chapter. [1986 c 240 § 44; 1967 c 235 § 65.] 24.03.320 24.03.335 mine whether such corporation is entitled to a certificate of authority to conduct affairs in this state. The application shall be made in the form prescribed by the secretary of state and shall be executed by the corporation by one of its officers. The application shall be accompanied by a certificate of good standing which has been issued no more than sixty days before the date of filing of the application for a certificate of authority to do business in this state and has been certified to by the proper officer of the state or country under the laws of which the corporation is incorporated. [2002 c 74 § 12; 1986 c 240 § 45; 1967 c 235 § 66.] Captions not law—2002 c 74: See note following RCW 19.09.020. 24.03.330 Filing of application for certificate of authority. The application of the corporation for a certificate of authority shall be delivered to the secretary of state. If the secretary of state finds that such application conforms to law, the secretary of state shall, when all fees have been paid as in this chapter prescribed: (1) Endorse on each of the records the word "Filed," and the date of the filing. (2) File the application and the copy of the articles of incorporation and amendments thereto. (3) Issue a certificate of authority to conduct affairs in this state. An exact or conformed copy of the application bearing the filing endorsement affixed thereto by the secretary of state, shall be returned to the corporation or its representative. [2004 c 265 § 27; 2002 c 74 § 13; 1986 c 240 § 46; 1982 c 35 § 99; 1969 ex.s. c 163 § 4; 1967 c 235 § 67.] 24.03.330 Captions not law—2002 c 74: See note following RCW 19.09.020. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.332 Certificate of authority as insurance company—Filing of records. For those corporations that have a certificate of authority, are applying for, or intend to apply for a certificate of authority from the insurance commissioner as an insurance company under chapter 48.05 RCW, whenever under this chapter corporate records are required to be filed with the secretary of state, the records shall be filed with the insurance commissioner rather than the secretary of state. [2004 c 265 § 28; 1998 c 23 § 12.] 24.03.332 24.03.325 Application for certificate of authority. A foreign corporation, in order to procure a certificate of authority to conduct affairs in this state, shall make application therefor to the secretary of state, which application shall set forth: (1) The name of the corporation and the state or country under the laws of which it is incorporated. (2) If the name of the corporation contains the word "corporation," "company," "incorporated," or "limited," or contains an abbreviation of one of such words, then the name of the corporation which it elects for use in this state. (3) The date of incorporation and the period of duration of the corporation. (4) The address of the principal office of the corporation. (5) A statement that a registered agent has been appointed and the name and address of such agent, and that a registered office exists and the address of such registered office is identical to that of the registered agent. (6) The purpose or purposes of the corporation which it proposes to pursue in conducting its affairs in this state. (7) The names and respective addresses of the directors and officers of the corporation. (8) Such additional information as may be necessary or appropriate in order to enable the secretary of state to deter24.03.325 (2008 Ed.) 24.03.334 Certificate of authority as insurance company—Registration or reservation of name. For those corporations that intend to apply for a certificate of authority from the insurance commissioner as an insurance company under chapter 48.05 RCW, whenever under this chapter a corporation may register or reserve a corporate name, the registration or reservation shall be filed with the insurance commissioner rather than the secretary of state. The secretary of state and insurance commissioner shall cooperate with each other in registering or reserving a corporate name so that there is no duplication of the name. [1998 c 23 § 13.] 24.03.334 24.03.335 Effect of certificate of authority. Upon the filing of the application for certificate of authority by the secretary of state, the corporation shall be authorized to conduct 24.03.335 [Title 24 RCW—page 21] 24.03.340 Title 24 RCW: Corporations and Associations (Nonprofit) affairs in this state for those purposes set forth in its application, subject, however, to the right of this state to suspend or to revoke such authority as provided in this chapter. [1982 c 35 § 100; 1967 c 235 § 68.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.340 Registered office and registered agent of foreign corporation. Each foreign corporation authorized to conduct affairs in this state shall have and continuously maintain in this state: (1) A registered office which may be, but need not be, the same as its principal office. The registered office shall be at a specific geographic location in this state, and be identified by number, if any, and street, or building address or rural route, or, if a commonly known street or rural route address does not exist, by legal description. A registered office may not be identified by post office box number or other nongeographic address. For purposes of communicating by mail, the secretary of state may permit the use of a post office address in conjunction with the registered office address if the corporation also maintains on file the specific geographic address of the registered office where personal service of process may be made. (2) A registered agent, which agent may be either an individual resident in this state whose business office is identical with such registered office, or a domestic corporation, whether for profit or not for profit, or a foreign corporation, whether for profit or not for profit, authorized to transact business or conduct affairs in this state, having an office identical with such registered office or a domestic limited liability company whose business office is identical with the registered office or a foreign limited liability company authorized to conduct affairs in this state whose business address is identical with the registered office. A registered agent shall not be appointed without having given prior consent in the form of a record to the appointment. The consent shall be filed with the secretary of state in such form as the secretary may prescribe. The consent shall be filed with or as a part of the record first appointing a registered agent. In the event any individual, corporation, or limited liability company has been appointed agent without consent, that person, corporation, or limited liability company may file a notarized statement attesting to that fact, and the name shall immediately be removed from the records of the secretary of state. No foreign corporation authorized to transact business in this state may be permitted to maintain any action in any court in this state until the corporation complies with the requirements of this section. [2004 c 265 § 29; 1982 c 35 § 101; 1967 c 235 § 69.] 24.03.340 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.345 Change of registered office or registered agent of foreign corporation. A foreign corporation authorized to conduct affairs in this state may change its registered office or change its registered agent, or both, upon filing in the office of the secretary of state in a form approved by the secretary of state a statement setting forth: (1) The name of the corporation. 24.03.345 [Title 24 RCW—page 22] (2) If the current registered office is to be changed, the street address to which the registered office is to be changed. (3) If the current registered agent is to be changed, the name of the new registered agent. (4) That the address of its registered office and the address of the office of its registered agent, as changed, will be identical. Such statement shall be executed by the corporation by an officer of the corporation, and delivered to the secretary of state, together with a consent, in the form of a record, of the registered agent to the appointment, if applicable. If the secretary of state finds that such statement conforms to the provisions of this chapter, the secretary of state shall endorse thereon the word "Filed," and the month, day, and year of the filing thereof, and file the statement. The change of address of the registered office, or the appointment of a new registered agent, or both, as the case may be, shall become effective upon filing unless a later date is specified. Any registered agent in this state appointed by a foreign corporation may resign as such agent upon filing a notice thereof, in the form of a record, executed in duplicate, with the secretary of state who shall immediately deliver a copy thereof to the secretary of the foreign corporation at its principal office as shown by its most recent annual report. The appointment of such agent shall terminate upon the expiration of thirty days after receipt of such notice by the secretary of state. If a registered agent changes his or her business address to another place within the state, the registered agent may change such address and the address of the registered office of any corporation of which the registered agent is a registered agent by filing a statement as required by this section, except that it need be executed only by the registered agent, it need not be responsive to subsection (3) of this section, and it must recite that a copy of the statement has been delivered to the corporation. [2004 c 265 § 30; 1993 c 356 § 6; 1986 c 240 § 47; 1982 c 35 § 102; 1967 c 235 § 70.] Effective date—1993 c 356: See note following RCW 24.03.046. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.350 Service on foreign corporation. The registered agent so appointed by a foreign corporation authorized to conduct affairs in this state shall be an agent of such corporation upon whom any process, notice or demand required or permitted by law to be served upon the corporation may be served. Whenever a foreign corporation authorized to conduct affairs in this state shall fail to appoint or maintain a registered agent in this state, or whenever any such registered agent cannot with reasonable diligence be found at the registered office, or whenever the certificate of authority of a foreign corporation shall be suspended or revoked, then the secretary of state shall be an agent of such corporation upon whom any such process, notice, or demand may be served. Service on the secretary of state of any such process, notice, or demand shall be made by delivering to and leaving with the secretary of state, or with any duly authorized clerk of the corporation department of the secretary of state’s office, duplicate copies of such process, notice or demand. In the event any such process, notice or demand is served on the 24.03.350 (2008 Ed.) Washington Nonprofit Corporation Act secretary of state, the secretary of state shall immediately cause one of such copies thereof to be forwarded by certified mail, addressed to the secretary of the corporation as shown on the records of the secretary of state. Any service so had on the secretary of state shall be returnable in not less than thirty days. The secretary of state shall keep a record of all processes, notices and demands served upon the secretary of state under this section, and shall record therein the time of such service and his action with reference thereto. Nothing herein contained shall limit or affect the right to serve any process, notice or demand, required or permitted by law to be served upon a corporation in any other manner now or hereafter permitted by law. [1986 c 240 § 48; 1982 c 35 § 103; 1967 c 235 § 71.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.360 Merger of foreign corporation authorized to conduct affairs in this state. Whenever a foreign corporation authorized to conduct affairs in this state shall be a party to a statutory merger permitted by the laws of the state or country under the laws of which it is incorporated, and such corporation shall be the surviving corporation, it shall not be necessary for such corporation to procure either a new or amended certificate of authority to conduct affairs in this state unless the name of such corporation be changed thereby or unless the corporation desires to pursue in this state other or additional purposes than those which it is then authorized to pursue in this state. [1986 c 240 § 49; 1967 c 235 § 73.] 24.03.360 Purposes: RCW 24.03.015. 24.03.365 Amended certificate of authority. A foreign corporation authorized to conduct affairs in this state shall procure an amended certificate of authority in the event it changes its corporate name, or desires to pursue in this state other or additional purposes than those set forth in its prior application for a certificate of authority, by making application therefor to the secretary of state. The requirements in respect to the form and contents of such application, the manner of its execution, the filing of the application with the secretary of state, the issuance of an amended certificate of authority and the effect thereof, shall be the same as in the case of an original application for a certificate of authority. [2004 c 265 § 31; 1967 c 235 § 74.] 24.03.365 24.03.370 Withdrawal of foreign corporation. A foreign corporation authorized to conduct affairs in this state may withdraw from this state upon procuring from the secretary of state a certificate of withdrawal. In order to procure such certificate of withdrawal, such foreign corporation shall deliver to the secretary of state an application for withdrawal, which shall set forth: (1) The name of the corporation and the state or country under the laws of which it is incorporated. (2) That the corporation is not conducting affairs in this state. (3) That the corporation surrenders its authority to conduct affairs in this state. 24.03.370 (2008 Ed.) 24.03.380 (4) That the corporation revokes the authority of its registered agent in this state to accept service of process and consents that service of process in any action, suit or proceeding based upon any cause of action arising in this state during the time the corporation was authorized to conduct affairs in this state may thereafter be made on such corporation by service thereof on the secretary of state. (5) A copy of a revenue clearance certificate issued pursuant to chapter 82.32 RCW. (6) A post office address to which the secretary of state may mail a copy of any process against the corporation that may be served on the secretary of state. The application for withdrawal shall be made on forms prescribed and furnished by the secretary of state and shall be executed by the corporation by an officer of the corporation, or, if the corporation is in the hands of a receiver or trustee, shall be executed on behalf of the corporation by such receiver or trustee. [1993 c 356 § 7; 1982 c 35 § 104; 1967 c 235 § 75.] Effective date—1993 c 356: See note following RCW 24.03.046. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.375 Filing of application for withdrawal. An application for withdrawal shall be delivered to the secretary of state. If the secretary of state finds that such application conforms to the provisions of this chapter, the secretary of state shall, when all requirements have been met as in this chapter prescribed: (1) Endorse on the application the word "Filed," and the effective date of the filing. (2) File the application for withdrawal. An exact or conformed copy of the application for withdrawal bearing the filing endorsement affixed thereto by the secretary of state, shall be returned to the corporation or its representative. Upon the filing of such application of withdrawal, the authority of the corporation to conduct affairs in this state shall cease. [2002 c 74 § 14; 1982 c 35 § 105; 1967 c 235 § 76.] 24.03.375 Captions not law—2002 c 74: See note following RCW 19.09.020. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. Fees: RCW 24.03.405. 24.03.380 Revocation of certificate of authority— Notice. (1) The certificate of authority of a foreign corporation to conduct affairs in this state shall be revoked by the secretary of state upon the conditions prescribed in this section when: (a) The corporation has failed to file its annual report within the time required by this chapter, or has failed to pay any fees or penalties prescribed by this chapter when they have become due and payable; or (b) The corporation has failed for thirty days to appoint and maintain a registered agent in this state as required by this chapter; or (c) The corporation has failed, for thirty days after change of its registered agent or registered office, to file in the office of the secretary of state a statement of such change as required by this chapter; or 24.03.380 [Title 24 RCW—page 23] 24.03.385 Title 24 RCW: Corporations and Associations (Nonprofit) (d) The corporation has continued to exceed or abuse the authority conferred upon it by this chapter; or (e) A misrepresentation has been made of any material matter in any application, report, affidavit, or other record submitted by such corporation pursuant to this chapter. (2) Prior to revoking a certificate of authority under subsection (1) of this section, the secretary of state shall give the corporation written notice of the corporation’s delinquency or omission by first-class mail, postage prepaid, addressed to the corporation’s registered agent. If, according to the records of the secretary of state, the corporation does not have a registered agent, the notice may be given by mail addressed to the corporation at its last known address or at the address of any officer or director of the corporation, as shown by the records of the secretary of state. Notice is deemed to have been given five days after the date deposited in the United States mail, correctly addressed, and with correct postage affixed. The notice shall inform the corporation that its certificate of authority shall be revoked at the expiration of sixty days following the date the notice had been deemed to have been given, unless it corrects the delinquency or omission within the sixty-day period. (3) Any notice provided by the secretary of state under this section shall be designed to clearly identify and warn the recipient of the contents thereof. A delinquency notice shall provide a succinct and readable description of the delinquency or omission, the date on which dissolution will occur, and the action necessary to cure the delinquency or omission prior to dissolution. (4) The attorney general may take such action regarding revocation of a certificate of authority as is provided by RCW 24.03.250 for the dissolution of a domestic corporation. The procedures of RCW 24.03.250 shall apply to any action under this section. The clerk of any superior court entering a decree of revocation of a certificate of authority shall file a certified copy, without cost or filing fee, with the office of the secretary of state. [2004 c 265 § 32; 1986 c 240 § 50; 1982 c 35 § 106; 1967 c 235 § 77.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.385 Issuance of certificate of revocation. Upon revoking any certificate of authority under RCW 24.03.380, the secretary of state shall: (1) Issue a certificate of revocation in duplicate. (2) File one of such certificates in the secretary of state’s office. (3) Mail the other duplicate certificate to such corporation at its registered office in this state or, if there is no registered office in this state, to the corporation at the last known address of any officer or director of the corporation, as shown by the records of the secretary of state. Upon the filing of such certificate of revocation, the authority of the corporation to conduct affairs in this state shall cease. [1986 c 240 § 51; 1982 c 35 § 107; 1967 c 235 § 78.] 24.03.385 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.386 Foreign corporations—Application for reinstatement. (1) A corporation revoked under RCW 24.03.386 [Title 24 RCW—page 24] 24.03.380 may apply to the secretary of state for reinstatement within three years after the effective date of revocation. An application filed within such three-year period may be amended or supplemented and any such amendment or supplement shall be effective as of the date of original filing. The application filed under this section shall be filed under and by authority of an officer of the corporation. (2) The application shall: (a) State the name of the corporation and, if applicable, the name the corporation had elected to use in this state at the time of revocation, and the effective date of its revocation; (b) Provide an explanation to show that the grounds for revocation either did not exist or have been eliminated; (c) State the name of the corporation at the time of reinstatement and, if applicable, the name the corporation elects to use in this state at the time of reinstatement which may be reserved under RCW 24.03.046; (d) Appoint a registered agent and state the registered office address under RCW 24.03.340; and (e) Be accompanied by payment of applicable fees and penalties. (3) If the secretary of state determines that the application conforms to law, and that all applicable fees have been paid, the secretary of state shall cancel the certificate of revocation, prepare and file a certificate of reinstatement, and mail a copy of the certificate of reinstatement to the corporation. (4) Reinstatement under this section relates back to and takes effect as of the date of revocation. The corporate authority shall be deemed to have continued without interruption from that date. (5) In the event the application for reinstatement states a corporate name which the secretary of state finds to be contrary to the requirements of RCW 24.03.046, the application, amended application, or supplemental application shall be amended to adopt another corporate name which is in compliance with RCW 24.03.046. In the event the reinstatement application so adopts a new corporate name for use in Washington, the application for authority shall be deemed to have been amended to change the corporation’s name to the name so adopted for use in Washington, effective as of the effective date of the certificate of reinstatement. [1993 c 356 § 8; 1987 c 117 § 1; 1986 c 240 § 57.] Effective date—1993 c 356: See note following RCW 24.03.046. 24.03.388 Foreign corporations—Fees for application for reinstatement—Filing current annual report— Penalties established by rule. (1) An application processing fee as provided in RCW 24.03.405 shall be charged for an application for reinstatement under RCW 24.03.386. (2) An application processing fee as provided in RCW 24.03.405 shall be charged for each amendment or supplement to an application for reinstatement. (3) The corporation seeking reinstatement shall file a current annual report and pay the full amount of all annual corporation fees which would have been assessed for the years of the period of administrative revocation, had the corporation been in active status, including the reinstatement year, plus any penalties as established by rule by the secre24.03.388 (2008 Ed.) Washington Nonprofit Corporation Act tary. [1994 c 287 § 9; 1993 c 356 § 9; 1991 c 223 § 3; 1987 c 117 § 2; 1986 c 240 § 58.] Effective date—1993 c 356: See note following RCW 24.03.046. Effective date—1991 c 223: See note following RCW 24.03.405. 24.03.390 Conducting affairs without certificate of authority. No foreign corporation which is conducting affairs in this state without a certificate of authority shall be permitted to maintain any action, suit or proceeding in any court of this state until such corporation shall have obtained a certificate of authority. Nor shall any action, suit or proceeding be maintained in any court of this state by any successor or assignee of such corporation on any right, claim or demand arising out of the conduct of affairs by such corporation in this state, until a certificate of authority shall have been obtained by such corporation or by a corporation which has acquired all or substantially all of its assets. The failure of a foreign corporation to obtain a certificate of authority to conduct affairs in this state shall not impair the validity of any contract or act of such corporation, and shall not prevent such corporation from defending any action, suit or proceeding in any court of this state. A foreign corporation which transacts business in this state without a certificate of authority shall be liable to this state, for the years or parts thereof during which it transacted business in this state without a certificate of authority, in an amount equal to all fees which would have been imposed by this chapter upon such corporation had it duly applied for and received a certificate of authority to transact business in this state as required by this chapter and thereafter filed all reports required by this chapter, plus all penalties imposed by this chapter for failure to pay such fees. The attorney general shall bring proceedings to recover all amounts due this state under the provisions of this section. [1986 c 240 § 52; 1967 c 235 § 79.] 24.03.390 24.03.395 Annual report of domestic and foreign corporations—Biennial filing may be authorized. Each domestic corporation, and each foreign corporation authorized to conduct affairs in this state, shall file, within the time prescribed by this chapter, an annual report in the form prescribed by the secretary of state. The secretary may by rule provide that a biennial filing meets this requirement. The report shall set forth: (1) The name of the corporation and the state or country under the laws of which it is incorporated; (2) The address of the registered office of the corporation in this state including street and number and the name of its registered agent in this state at such address, and, in the case of a foreign corporation, the address of its principal office; (3) A brief statement of the character of the affairs which the corporation is actually conducting, or, in the case of a foreign corporation, which the corporation is actually conducting in this state; (4) The names and respective addresses of the directors and officers of the corporation; and (5) The corporation’s unified business identifier number. The information shall be given as of the date of the execution of the report. It shall be executed by the corporation by an officer of the corporation, or, if the corporation is in the 24.03.395 (2008 Ed.) 24.03.405 hands of a receiver or trustee, it shall be executed on behalf of the corporation by such receiver or trustee. The secretary of state may provide that correction or updating of information appearing on previous annual or biennial filings is sufficient to constitute the current filing. [1993 c 356 § 10; 1989 c 291 § 2; 1987 c 117 § 4; 1986 c 240 § 53; 1982 c 35 § 108; 1967 c 235 § 80.] Effective date—1993 c 356: See note following RCW 24.03.046. Finding—Severability—1989 c 291: See notes following RCW 24.03.490. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.400 Filing of annual or biennial report of domestic and foreign corporations—Notice—Reporting dates. Not less than thirty days prior to a corporation’s renewal date, or by December 1 of each year for a nonstaggered renewal, the secretary of state shall mail to each domestic and foreign corporation, by first-class mail addressed to its registered office, a notice that its annual or biennial report must be filed as required by this chapter, and stating that if it fails to file its annual or biennial report it shall be dissolved or its certificate of authority revoked, as the case may be. Failure of the secretary of state to mail any such notice shall not relieve a corporation from its obligation to file the annual or biennial reports required by this chapter. Such report of a domestic or foreign corporation shall be delivered to the secretary of state between the first day of January and the first day of March of each year, or on an annual or biennial renewal date as the secretary of state may establish. The secretary of state may adopt rules to establish biennial reporting dates and to stagger reporting dates. If the secretary of state finds that such report substantially conforms to the requirements of this chapter, the secretary of state shall file the same. [1993 c 356 § 11; 1986 c 240 § 54; 1982 c 35 § 109; 1973 c 90 § 1; 1967 c 235 § 81.] 24.03.400 Effective date—1993 c 356: See note following RCW 24.03.046. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.405 Fees for filing documents and issuing certificates. (1) The secretary of state shall charge and collect for: (a) Filing articles of incorporation, thirty dollars. (b) Filing an annual report of a domestic or foreign corporation, ten dollars. (c) Filing an application of a foreign corporation for a certificate of authority to conduct affairs in this state, thirty dollars. (2) The secretary of state shall establish by rule, fees for the following: (a) An application for reinstatement under RCW 24.03.386. (b) Filing articles of amendment or restatement or an amendment or supplement to an application for reinstatement. (c) Filing articles of merger or consolidation. (d) Filing a statement of change of address of registered office or change of registered agent, or revocation, resignation, or any combination of these. A separate fee for filing such statement shall not be charged if the statement appears 24.03.405 [Title 24 RCW—page 25] 24.03.410 Title 24 RCW: Corporations and Associations (Nonprofit) in an amendment to articles of incorporation or in conjunction with the filing of the annual report. (e) Filing articles of dissolution, no fee. (f) Filing an application of a foreign corporation for an amended certificate of authority to conduct affairs in this state. (g) Filing an application for withdrawal of a foreign corporation and issuing a certificate of withdrawal, no fee. (h) Filing a certificate by a foreign corporation of the appointment of a registered agent. A separate fee for filing such certificate shall not be charged if the statement appears in conjunction with the filing of the annual report. (i) Filing a certificate of election adopting the provisions of chapter 24.03 RCW. (j) Filing an application to reserve a corporate name. (k) Filing a notice of transfer of a reserved corporate name. (l) Filing a name registration. (m) Filing any other statement or report authorized for filing under this chapter. (3) Fees shall be adjusted by rule only in an amount that does not exceed the average biennial increase in the cost of providing service. This shall be determined in a biannual [biennial] cost study performed by the secretary. [1993 c 269 § 5; 1991 c 223 § 1; 1987 c 117 § 5; 1986 c 240 § 55; 1982 c 35 § 110; 1981 c 230 § 5; 1969 ex.s. c 163 § 5; 1967 c 235 § 82.] Effective date—1993 c 269: See note following RCW 23.86.070. Effective date—1991 c 223: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect on July 1, 1991." [1991 c 223 § 4.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.410 Miscellaneous fees. The secretary of state shall establish fees by rule and collect: (1) For furnishing a certified copy of any charter document or any other record, instrument, or paper relating to a corporation. (2) For furnishing a certificate, under seal, attesting to the status of a corporation or any other certificate. (3) For furnishing copies of any record, instrument or paper relating to a corporation. (4) At the time of any service of process on him or her as registered agent of a corporation an amount that may be recovered as taxable costs by the party to the suit or action causing such service to be made if such party prevails in the suit or action. [2004 c 265 § 33; 1993 c 269 § 6; 1982 c 35 § 111; 1979 ex.s. c 133 § 2; 1969 ex.s. c 163 § 6; 1967 c 235 § 83.] 24.03.410 Effective date—1993 c 269: See note following RCW 23.86.070. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. Deposit of certain fees recovered under this section in secretary of state’s revolving fund: RCW 43.07.130. State officers—Daily remittance of moneys to treasury: RCW 43.01.050. 24.03.417 Fees for services by secretary of state. See RCW 43.07.120. 24.03.417 24.03.420 Penalties imposed upon corporation. Each corporation, domestic or foreign, that fails or refuses to answer truthfully and fully within the time prescribed by this chapter interrogatories propounded by the secretary of state in accordance with the provisions of this chapter, shall be deemed to be guilty of a misdemeanor and upon conviction thereof may be fined in any amount not exceeding five hundred dollars. [1969 ex.s. c 163 § 7; 1967 c 235 § 85.] 24.03.420 Filing of annual or biennial report of domestic and foreign corporations: RCW 24.03.400. 24.03.425 Penalties imposed upon directors and officers. Each director and officer of a corporation, domestic or foreign, who fails or refuses within the time prescribed by this chapter to answer truthfully and fully interrogatories propounded to him or her by the secretary of state in accordance with the provisions of this chapter, or who signs any articles, statement, report, application or other record filed with the secretary of state which is known to such officer or director to be false in any material respect, shall be deemed to be guilty of a misdemeanor, and upon conviction thereof may be fined in any amount not exceeding five hundred dollars. [2004 c 265 § 34; 1967 c 235 § 86.] 24.03.425 24.03.430 Interrogatories by secretary of state. The secretary of state may propound to any corporation, domestic or foreign, subject to the provisions of this chapter, and to any officer or director thereof, such interrogatories as may be reasonably necessary and proper to enable the secretary of state to ascertain whether such corporation has complied with all the provisions of this chapter applicable to such corporation. Such interrogatories shall be answered within thirty days after the mailing thereof, or within such additional time as shall be fixed by the secretary of state, and the answers thereto shall be full and complete and shall be made in writing and under oath. If such interrogatories be directed to an individual they shall be answered by that individual, and if directed to a corporation they shall be answered by the president, vice president, secretary or assistant secretary thereof. The secretary of state need not file any record to which such interrogatories relate until such interrogatories be answered as herein provided, and not then if the answers thereto disclose that such record is not in conformity with the provisions of this chapter. The secretary of state shall certify to the attorney general, for such action as the attorney general may deem appropriate, all interrogatories and answers thereto which disclose a violation of any of the provisions of this chapter. [2004 c 265 § 35; 1982 c 35 § 112; 1967 c 235 § 87.] 24.03.430 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.435 Confidential nature of information disclosed by interrogatories. Interrogatories propounded by the secretary of state and the answers thereto shall not be open to public inspection nor shall the secretary of state disclose any facts or information obtained therefrom except in 24.03.435 24.03.415 Disposition of fees. Any money received by the secretary of state under the provisions of this chapter shall be by him paid into the state treasury as provided by law. [1967 c 235 § 84.] 24.03.415 [Title 24 RCW—page 26] (2008 Ed.) Washington Nonprofit Corporation Act so far as the secretary of state’s official duty may require the same to be made public or in the event such interrogatories or the answers thereto are required for evidence in any criminal proceedings or in any other action by this state. [1982 c 35 § 113; 1967 c 235 § 88.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.440 Power and authority of secretary of state. The secretary of state shall have the power and authority reasonably necessary for the efficient and effective administration of this chapter, including the adoption of rules under chapter 34.05 RCW. [1982 c 35 § 114; 1967 c 235 § 89.] 24.03.500 24.03.460 Waiver of notice. Whenever any notice is required to be given to any member or director of a corporation under the provisions of this chapter or under the provisions of the articles of incorporation or bylaws of the corporation, a waiver in the form of a record executed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be equivalent to the giving of such notice. [2004 c 265 § 38; 1967 c 235 § 93.] 24.03.460 24.03.440 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. Power and authority of secretary of state: RCW 23B.01.210 and 23B.01.300. 24.03.445 Appeal from disapproval of secretary of state. If the secretary of state shall fail to approve any articles of incorporation, amendment, merger, consolidation or dissolution, or any other record required by this chapter to be approved by the secretary of state before the same shall be filed in his or her office, the secretary of state shall give written notice of disapproval to the person or corporation, domestic or foreign, delivering the same, specifying the reasons therefor. Within thirty days from such disapproval such person or corporation may appeal to the superior court pursuant to the provisions of the administrative procedure act, chapter 34.05 RCW. [2004 c 265 § 36; 1986 c 240 § 56; 1982 c 35 § 115; 1967 c 235 § 90.] 24.03.445 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.450 Certificates and certified copies to be received in evidence. All certificates issued by the secretary of state in accordance with the provisions of this chapter, and all copies of records filed in the office of the secretary of state in accordance with the provisions of this chapter when certified by the secretary of state under the seal of the state, shall be taken and received in all courts, public offices, and official bodies as prima facie evidence of the facts therein stated. A certificate by the secretary of state under the seal of this state, as to the existence or nonexistence of the facts relating to corporations which would not appear from a certified copy of any of the records or certificates under this section shall be taken and received in all courts, public offices, and official bodies as prima facie evidence of the existence or nonexistence of the facts therein stated. [2004 c 265 § 37; 1982 c 35 § 116; 1967 c 235 § 91.] 24.03.450 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.03.455 Greater voting requirements. Whenever, with respect to any action to be taken by the members or directors of a corporation, the articles of incorporation require the vote or concurrence of a greater proportion of the members or directors, as the case may be, than required by this chapter with respect to such action, the provisions of the articles of incorporation shall control. [1967 c 235 § 92.] 24.03.455 (2008 Ed.) 24.03.465 Action by members or directors without a meeting. Any action required by this chapter to be taken at a meeting of the members or directors of a corporation, or any action which may be taken at a meeting of the members or directors, may be taken without a meeting if a consent in the form of a record, setting forth the action so taken, shall be executed by all of the members entitled to vote with respect to the subject matter thereof, or all of the directors, as the case may be. Such consent shall have the same force and effect as a unanimous vote, and may be stated as such in any articles or record filed with the secretary of state under this chapter. [2004 c 265 § 39; 1967 c 235 § 94.] 24.03.465 24.03.470 Unauthorized assumption of corporate powers. All persons who assume to act as a corporation without authority so to do shall be jointly and severally liable for all debts and liabilities incurred or arising as a result thereof. [1967 c 235 § 95.] 24.03.470 24.03.480 Postsecondary education loans—Interest rates. A nonprofit corporation may charge interest upon any loan made under a program to finance postsecondary education at any rate or rates of interest which are permitted by state or federal law to be charged by any state or federally chartered bank, savings and loan association, or credit union. [1989 c 166 § 1.] 24.03.480 24.03.490 Public benefit nonprofit corporation designation established. There is hereby established the special designation "public benefit not for profit corporation" or "public benefit nonprofit corporation." A corporation may be designated as a public benefit nonprofit corporation if it meets the following requirements: (1) The corporation complies with the provisions of this chapter; and (2) The corporation holds a current tax exempt status as provided under 26 U.S.C. Sec. 501(c)(3) or is not required to apply for its tax exempt status under 26 U.S.C. Sec. 501(c)(3). [1989 c 291 § 4.] 24.03.490 Finding—1989 c 291: "The legislature finds that it is in the public interest to increase the level of accountability to the public of nonprofit corporations through improved reporting, increased consistency between state and federal statutes, and a clear definition of those nonprofit corporations that may hold themselves out as operating to benefit the public." [1989 c 291 § 1.] Severability—1989 c 291: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1989 c 291 § 12.] 24.03.500 Public benefit nonprofit corporations— Temporary designation. A temporary designation as a pub24.03.500 [Title 24 RCW—page 27] 24.03.510 Title 24 RCW: Corporations and Associations (Nonprofit) lic benefit nonprofit corporation may be provided to a corporation that has applied for tax exempt status under 26 U.S.C. Sec. 501(c)(3). The temporary designation is valid for up to one year and may be renewed at the discretion of the secretary. [1989 c 291 § 5.] Finding—Severability—1989 c 291: See notes following RCW 24.03.490. 24.03.510 Public benefit nonprofit corporations— Application. The secretary shall develop an application process for new and existing corporations to apply for public benefit nonprofit corporation status. [1989 c 291 § 6.] 24.03.510 Finding—Severability—1989 c 291: See notes following RCW 24.03.490. 24.03.520 Public benefit nonprofit corporations— Renewal. The designation "public benefit nonprofit corporation" shall be renewed annually. The secretary may schedule renewals in conjunction with existing corporate renewals. [1989 c 291 § 7.] 24.03.520 Finding—Severability—1989 c 291: See notes following RCW 24.03.490. 24.03.530 Public benefit nonprofit corporations— Fees. The secretary may establish fees to cover the cost of renewals. [1989 c 291 § 8.] 24.03.530 Finding—Severability—1989 c 291: See notes following RCW 24.03.490. 24.03.540 Public benefit nonprofit corporations— Removal of status. The secretary may remove a corporation’s public benefit nonprofit corporation designation if it does not comply with the provisions of this chapter or does not maintain its exempt status under 26 U.S.C. Sec. 501(c)(3). The secretary in removing a corporation’s public benefit nonprofit corporation status shall comply with administrative procedures provided by this chapter. [1989 c 291 § 9.] 24.03.540 Finding—Severability—1989 c 291: See notes following RCW 24.03.490. 24.03.900 Short title. This chapter shall be known and may be cited as the "Washington nonprofit corporation act." [1967 c 235 § 1.] 24.03.900 24.03.905 Savings—1967 c 235. Any corporation existing on the date when this chapter takes effect shall continue to exist as a corporation despite any provision of this chapter changing the requirements for forming a corporation or repealing or amending the law under which it was formed. The provisions of this chapter shall, however, apply prospectively to the fullest extent permitted by the Constitutions of the United States and the state of Washington to all existing corporations organized under any general act of the territory or the state of Washington providing for the organization of corporations for a purpose or purposes for which a corporation might be organized under this chapter. The repeal of any prior act or part thereof by this chapter shall not affect any right accrued or any liability or penalty incurred, under the provisions of such act, prior to the repeal thereof. The repeal of a prior act or acts by this chapter shall not affect any exist24.03.905 [Title 24 RCW—page 28] ing corporation organized for a purpose or purposes other than those for which a corporation might be organized under this chapter. [1967 c 235 § 96.] 24.03.910 Severability—1967 c 235. If a court of competent jurisdiction shall adjudge to be invalid or unconstitutional any clause, sentence, paragraph, section or part of this chapter, such judgment or decree shall not affect, impair, invalidate or nullify the remainder of this chapter, but the effect thereof shall be confined to the clause, sentence, paragraph, section or part of this chapter so adjudged to be invalid or unconstitutional. [1967 c 235 § 97.] 24.03.910 24.03.915 Notice to existing corporations. (1) The secretary of state shall notify all existing nonprofit corporations thirty days prior to the effective date of this chapter, that in the event they fail to appoint a registered agent as provided in chapter 163, Laws of 1969 ex. sess. within ninety days following the effective date of chapter 163, Laws of 1969 ex. sess., they shall thereupon cease to exist. (2) If the notification provided under subsection (1) of this section, from the secretary of state to any corporation was or has been returned unclaimed or undeliverable, the secretary of state shall proceed to dissolve the corporation by striking the name of such corporation from the records of active corporations. (3) Corporations dissolved under subsection (2) of this section may be reinstated at any time within three years of the dissolution action by the secretary of state. The corporation shall be reinstated by filing a request for reinstatement, by appointment of a registered agent and designation of a registered office as required by this chapter, and by filing an annual report for the reinstatement year. No fees may be charged for reinstatements under this section. If, during the period of dissolution, another person or corporation has reserved or adopted a corporate name which is identical to or deceptively similar to the dissolved corporation’s name, the corporation seeking reinstatement shall be required to adopt another name consistent with the requirements of this chapter and to amend its articles of incorporation accordingly. [1982 c 35 § 117; 1969 ex.s. c 163 § 8; 1967 c 235 § 98.] 24.03.915 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. Effective date—1969 ex.s. c 163: August 11, 1969, see preface to 1969 session laws. Effective date—1967 c 235: See RCW 24.03.925. 24.03.920 Repealer—Exception. The following acts or parts of acts, except insofar as may be applicable to the rights, powers and duties of persons and corporations not subject to the provisions of this chapter, are hereby repealed: (1) Chapter 110, Laws of 1961; (2) Section 6, chapter 12, Laws of 1959; (3) Section 3, chapter 263, Laws of 1959; (4) Chapter 32, Laws of 1955; (5) Chapter 121, Laws of 1953; (6) Chapter 249, Laws of 1947; (7) Chapter 122, Laws of 1943; (8) Chapter 89, Laws of 1933; (9) Section 2, chapter 63, Laws of 1925 extraordinary session; 24.03.920 (2008 Ed.) Nonprofit Miscellaneous and Mutual Corporations Act (10) Chapter 8, Laws of 1923; (11) Chapter 75, Laws of 1907; (12) Chapter 134, Laws of 1907; (13) Chapter 125, Laws of 1905; (14) Page 24, chapter XIX (19), Laws of 1895; (15) Page 348, chapter CXXXV (135), Laws of 1895; (16) Chapter CLVIII (158), Laws of 1895; (17) Section 1, page 86, Laws of 1886; (18) Sections 2450 through 2454, Code of 1881; (19) Pages 409 through 411, Laws of 1873; (20) Pages 341 and 342, Laws of 1869; (21) Pages 67 and 68, Laws of 1866; and (22) RCW sections 24.01.010, 24.04.010 through 24.04.170, 24.08.010 through 24.08.900, and 24.16.010 through 24.16.140. [1967 c 235 § 100.] 24.06.207 24.06.210 24.06.215 24.06.220 24.06.225 24.06.230 24.06.233 24.06.235 24.06.240 24.06.245 24.06.250 24.06.255 24.06.260 24.06.265 24.06.270 24.06.275 24.06.280 24.06.285 24.06.290 24.06.293 24.03.925 Effective date—1967 c 235. This chapter shall become effective July 1, 1969. [1967 c 235 § 99.] 24.03.925 Chapter 24.06 Chapter 24.06 RCW NONPROFIT MISCELLANEOUS AND MUTUAL CORPORATIONS ACT Sections 24.06.005 24.06.010 24.06.015 24.06.020 24.06.025 24.06.030 24.06.032 24.06.035 24.06.040 24.06.043 24.06.045 24.06.046 24.06.047 24.06.048 24.06.050 24.06.055 24.06.060 24.06.065 24.06.070 24.06.075 24.06.080 24.06.085 24.06.090 24.06.095 24.06.100 24.06.105 24.06.110 24.06.115 24.06.120 24.06.125 24.06.130 24.06.135 24.06.140 24.06.145 24.06.150 24.06.153 24.06.155 24.06.160 24.06.165 24.06.170 24.06.175 24.06.180 24.06.185 24.06.190 24.06.195 24.06.200 24.06.205 (2008 Ed.) Definitions. Application of chapter. Purposes. Incorporators. Articles of incorporation. General powers. Additional rights and powers authorized. Nonprofit status—Members’, officers’ immunity from liability. Defense of ultra vires. Indemnification of agents of any corporation authorized. Corporate name. Reservation of exclusive right to use corporate name. Registration of corporate name. Renewal of registration of corporate name. Registered office and registered agent. Change of registered office or registered agent. Service of process on corporation. Members. Shares—Issuance—Payment—Subscription agreements. Shares—Consideration, fixing. Shares—Certificates. Liability of shareholders, subscribers, assignees, executors, trustees, etc. Preemptive share acquisition rights. Bylaws. Meetings of members and shareholders. Notice of meetings. Voting. Quorum. Class voting. Board of directors. Number and election of directors. Vacancies. Quorum of directors. Committees. Directors’ meetings. Duties of director or officer—Standards—Liability. Officers. Books and records. Loans to directors or officers. Filing of articles of incorporation. Effect of filing of articles of incorporation. Organization meeting. Right to amend articles of incorporation. Procedure to amend articles of incorporation. Articles of amendment. Filing of articles of amendment—Procedure. When amendment becomes effective—Existing actions and rights not affected. 24.06.295 24.06.300 24.06.305 24.06.310 24.06.315 24.06.320 24.06.325 24.06.330 24.06.335 24.06.340 24.06.345 24.06.350 24.06.355 24.06.360 24.06.365 24.06.367 24.06.369 24.06.370 24.06.375 24.06.380 24.06.385 24.06.390 24.06.395 24.06.400 24.06.405 24.06.410 24.06.415 24.06.420 24.06.425 24.06.430 24.06.433 24.06.435 24.06.440 24.06.445 24.06.450 24.06.455 24.06.460 24.06.462 24.06.465 24.06.470 24.06.475 24.06.480 24.06.485 24.06.490 24.06.495 24.06.500 24.06.505 24.06.510 24.06.515 Chapter 24.06 Restated articles of incorporation. Procedure for merger. Procedure for consolidation. Approval of merger or consolidation. Articles of merger or consolidation. Merger or consolidation—When effected. Merger or consolidation of domestic and foreign corporation—Participation in an exchange. Effect of merger or consolidation. Sale, lease, exchange, etc., of property and assets. Right of member or shareholder to dissent. Exercise of right of dissent—Rights and liabilities. Payment of fair value to dissenting member or shareholder. Voluntary dissolution. Distribution of assets. Revocation of voluntary dissolution proceedings. Articles of dissolution. Filing of articles of dissolution. Involuntary dissolution. Proceedings for involuntary dissolution—Rights, duties, and remedies—Penalties—Fee set by rule. Administrative dissolution or revocation of a certificate of authority—Corporation name not distinguishable from name of governmental entity—Application by governmental entity. Venue and process. Jurisdiction of court to liquidate assets and dissolve corporation. Procedure in liquidation of corporation in court. Qualifications of receivers—Bond. Filing of claims in liquidation proceedings. Discontinuance of liquidation proceedings. Decree of involuntary dissolution. Filing of decree of dissolution. Survival of remedies after dissolution. Admission of foreign corporation. Powers and duties, etc., of foreign corporation. Corporate name of foreign corporation. Change of name by foreign corporation. Certificate of authority—Application for, contents. Filing of application for certificate of authority—Issuance. Certificate of authority as insurance company—Filing of documents. Certificate of authority as insurance company—Registration or reservation of name. Effect of filing application for certificate of authority. Registered office and registered agent of foreign corporation. Change of registered office or registered agent of foreign corporation. Resignation of registered agent. Service of process upon registered agent. Service of process upon secretary of state. Amendment to articles of incorporation of foreign corporation. Merger of foreign corporation authorized to conduct affairs in this state. Amended certificate of authority. Withdrawal of foreign corporation. Filing of application for withdrawal—Issuance of certificate of withdrawal. Revocation of certificate of authority. Issuance and filing of certificate of revocation—Effect. Foreign corporations—Application for reinstatement. Conducting affairs without certificate of authority. Annual or biennial report of domestic and foreign corporations. Filing of annual or biennial report of domestic and foreign corporations. Fees for filing documents and issuing certificates. Miscellaneous fees. Disposition of fees. Fees for services by secretary of state. Penalties imposed upon corporation—Penalty established by secretary of state. Penalties imposed upon directors and officers. Interrogatories by secretary of state. Confidential nature of information disclosed by interrogatories. Power and authority of secretary of state. Appeal from secretary of state’s actions. Certificates and certified copies to be received in evidence. Greater voting requirements. Waiver of notice. Action by members or directors without a meeting. Unauthorized assumption of corporate powers. [Title 24 RCW—page 29] 24.06.005 24.06.520 24.06.525 24.06.600 24.06.610 24.06.900 24.06.905 24.06.910 24.06.915 24.06.920 Title 24 RCW: Corporations and Associations (Nonprofit) Reinstatement and renewal of corporate existence—Fee. Reorganization of corporations or associations in accordance with this chapter. Locally regulated utilities—Attachments to poles. Tariff for irrigation pumping service—Authority for locally regulated utility to buy back electricity. Short title. Existing liabilities not terminated—Continuation of corporate existence—Application of chapter. Severability—1969 ex.s. c 120. Notice to existing corporations. Effective date—1969 ex.s. c 120. Organization of condominium unit owners’ association: RCW 64.34.300. Revolving fund of secretary of state, deposit of moneys for costs of carrying out secretary of state’s functions under this chapter: RCW 43.07.130. 24.06.005 Definitions. As used in this chapter, unless the context otherwise requires, the term: (1) "Corporation" or "domestic corporation" means a mutual corporation or miscellaneous corporation subject to the provisions of this chapter, except a foreign corporation. (2) "Foreign corporation" means a mutual or miscellaneous corporation or other corporation organized under laws other than the laws of this state which would be subject to the provisions of this chapter if organized under the laws of this state. (3) "Mutual corporation" means a corporation organized to accomplish one or more of its purposes on a mutual basis for members and other persons. (4) "Miscellaneous corporation" means any corporation which is organized for a purpose or in a manner not provided for by the Washington business corporation act or by the Washington nonprofit corporation act, and which is not required to be organized under other laws of this state. (5) "Articles of incorporation" includes the original articles of incorporation and all amendments thereto, and includes articles of merger. (6) "Bylaws" means the code or codes of rules adopted for the regulation or management of the affairs of the corporation irrespective of the name or names by which such rules are designated. (7) "Member" means one having membership rights in a corporation in accordance with provisions of its articles of incorporation or bylaws. (8) "Stock" or "share" means the units into which the proprietary interests of a corporation are divided in a corporation organized with stock. (9) "Stockholder" or "shareholder" means one who is a holder of record of one or more shares in a corporation organized with stock. (10) "Board of directors" means the group of persons vested with the management of the affairs of the corporation irrespective of the name by which such group is designated. (11) "Insolvent" means inability of a corporation to pay debts as they become due in the usual course of its affairs. (12) "Duplicate originals" means two copies, original or otherwise, each with original signatures, or one original with original signatures and one copy thereof. (13) "Conforms to law" as used in connection with duties of the secretary of state in reviewing documents for filing under this chapter, means the secretary of state has determined the document complies as to form with the applicable requirements of this chapter. 24.06.005 [Title 24 RCW—page 30] (14) "Effective date" means, in connection with a document filing made by the secretary of state, the date which is shown by affixing a "filed" stamp on the documents. When a document is received for filing by the secretary of state in a form which complies with the requirements of this chapter and which would entitle the document to be filed immediately upon receipt, but the secretary of state’s approval action occurs subsequent to the date of receipt, the secretary of state’s filing date shall relate back to the date on which the secretary of state first received the document in acceptable form. An applicant may request a specific effective date no more than thirty days later than the receipt date which might otherwise be applied as the effective date. (15) "Executed by an officer of the corporation," or words of similar import, means that any document signed by such person shall be and is signed by that person under penalties of perjury and in an official and authorized capacity on behalf of the corporation or person making the document submission with the secretary of state. (16) "An officer of the corporation" means, in connection with the execution of documents submitted for filing with the secretary of state, the president, a vice president, the secretary, or the treasurer of the corporation. (17) "Electronic transmission" or "electronically transmitted" means any process of electronic communication not directly involving the physical transfer of paper that is suitable for the retention, retrieval, and reproduction of the transmitted information by the recipient. However, such an electronic transmission must either set forth or be submitted with information, including any security or validation controls used, from which it can reasonably be determined that the electronic transmission was authorized by, as applicable, the corporation or shareholder or member by or on behalf of which the electronic transmission was sent. (18) "Consumer cooperative" means a corporation engaged in the retail sale, to its members and other consumers, of goods or services of a type that are generally for personal, living, or family use. [2001 c 271 § 1; 2000 c 167 § 1; 1982 c 35 § 118; 1969 ex.s. c 120 § 1.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.010 Application of chapter. The provisions of this chapter relating to domestic corporations shall apply to: (1) All corporations organized hereunder; and (2) All corporations which were heretofore organized under any act repealed by the Washington nonprofit corporation act and which are not organized for a purpose or in a manner provided for by said act. The provisions of this chapter relating to foreign corporations shall apply to all foreign corporations conducting affairs in this state for a purpose or purposes for which a corporation might be organized under this chapter. [1969 ex.s. c 120 § 2.] 24.06.010 24.06.015 Purposes. Corporations may be organized under this chapter for any lawful purpose including but not limited to mutual, social, cooperative, fraternal, beneficial, service, labor organization, and other purposes; but excluding purposes which by law are restricted to corporations organized under other statutes. [1969 ex.s. c 120 § 3.] 24.06.015 (2008 Ed.) Nonprofit Miscellaneous and Mutual Corporations Act Labor unions: Chapter 49.36 RCW. 24.06.020 Incorporators. One or more individuals, partnerships, corporations or governmental bodies or agencies may incorporate a corporation by signing and delivering articles of incorporation in duplicate to the secretary of state. [1982 c 35 § 119; 1969 ex.s. c 120 § 4.] 24.06.020 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.025 Articles of incorporation. The articles of incorporation shall set forth: (1) The name of the corporation. (2) The period of duration, which may be perpetual or for a stated number of years. (3) The purpose or purposes for which the corporation is organized. (4) The qualifications and the rights and responsibilities of the members and the manner of their election, appointment or admission to membership and termination of membership; and, if there is more than one class of members or if the members of any one class are not equal, the relative rights and responsibilities of each class or each member. (5) If the corporation is to have capital stock: (a) The aggregate number of shares which the corporation shall have authority to issue; if such shares are to consist of one class only, the par value of each of such shares, or a statement that all of such shares are without par value; or, if such shares are to be divided into classes, the number of shares of each class, and a statement of the par value of the shares of each such class or that such shares are to be without par value; (b) If the shares are to be divided into classes, the designation of each class and a statement of the preferences, limitations and relative rights in respect of the shares of each class; (c) If the corporation is to issue the shares of any preferred or special class in series, then the designation of each series and a statement of the variations in the relative rights and preferences as between series insofar as the same are to be fixed in the articles of incorporation, and a statement of any authority to be vested in the board of directors to establish series and fix and determine the variations in the relative rights and preferences as between series; (d) Any provision limiting or denying to shareholders the preemptive right to acquire additional shares of the corporation. (6) If the corporation is to distribute surplus funds to its members, stockholders or other persons, provisions for determining the amount and time of the distribution. (7) Provisions for distribution of assets on dissolution or final liquidation. (8) Whether a dissenting shareholder or member shall be limited to a return of less than the fair value of his shares or membership. (9) The address of its initial registered office, including street and number, and the name of its initial registered agent at such address. (10) The number of directors constituting the initial board of directors, and the names and addresses of the persons who are to serve as the initial directors. 24.06.025 (2008 Ed.) 24.06.030 (11) The name and address of each incorporator. (12) Any provision, not inconsistent with law, for the regulation of the internal affairs of the association, including: (a) Overriding the release from liability provided in RCW 24.06.035(2); and (b) Any provision which under this title is required or permitted to be set forth in the bylaws. It shall not be necessary to set forth in the articles of incorporation any of the corporate powers enumerated in this chapter. Unless the articles of incorporation provide that a change in the number of directors shall be made only by amendment to the articles of incorporation, a change in the number of directors made by amendment to the bylaws shall be controlling. In all other cases, whenever a provision of the articles of incorporation is inconsistent with a bylaw, the provision of the articles of incorporation shall be controlling. [2001 c 271 § 2; 1987 c 212 § 708; 1982 c 35 § 120; 1969 ex.s. c 120 § 5.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.030 General powers. Each corporation shall have power: (1) To have perpetual succession by its corporate name unless a limited period of duration is stated in its articles of incorporation. (2) To sue and be sued, complain and defend, in its corporate name. (3) To have a corporate seal which may be altered at pleasure, and to use the same by causing it, or a facsimile thereof, to be impressed or affixed or in any other manner reproduced. (4) To purchase, take, receive, lease, take by gift, devise or bequest, or otherwise acquire, own, hold, be trustee of, improve, use and otherwise deal in and with real or personal property, or any interest therein, wherever situated. (5) To sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise dispose of all or any part of its property and assets. (6) To lend money to its employees. (7) To purchase, take, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge, or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in, or obligations of, other domestic or foreign corporations, whether for profit or not for profit, associations, partnerships or individuals, or direct or indirect obligations of the United States, or of any other government, state, territory, governmental district or municipality or of any instrumentality thereof. (8) To make contracts and incur liabilities, borrow money at such rates of interest as the corporation may determine, issue its notes, bonds, and other obligations, and secure any of its obligations by mortgage or pledge of all or any of its property, franchises and income. (9) To lend money for its corporate purposes, invest and reinvest its funds, and take and hold real and personal property as security for the payment of funds so loaned or invested. (10) To conduct its affairs, carry on its operations, and have offices and exercise the powers granted by this chapter, 24.06.030 [Title 24 RCW—page 31] 24.06.032 Title 24 RCW: Corporations and Associations (Nonprofit) in any state, territory, district, or possession of the United States, or in any foreign country. (11) To elect or appoint officers and agents of the corporation, and define their duties and fix their compensation. (12) To make and alter bylaws, not inconsistent with its articles of incorporation or with the laws of this state, for the administration and regulation of the affairs of the corporation. (13) To establish and maintain reserve, equity, surplus or other funds, and to provide for the time, form and manner of distribution of such funds among members, shareholders or other persons with interests therein in accordance with the articles of incorporation. (14) Unless otherwise provided in the articles of incorporation, to make donations for the public welfare or for charitable, scientific or educational purposes, and in time of war to make donations in aid of the United States and its war activities. (15) To indemnify any director or officer or former director or officer of the corporation, or any person who may have served at its request as a director or officer of another corporation, against expenses actually and necessarily incurred by him or her in connection with the defense of any action, suit or proceeding in which he or she is made a party by reason of being or having been such director or officer, except for acts or omissions that involve intentional misconduct or a knowing violation of law by the director or officer, or that involve a transaction from which the director or officer will personally receive a benefit in money, property, or services to which the director or officer is not legally entitled: PROVIDED, That such indemnification shall not be deemed exclusive of any other rights to which such director or officer may be entitled, under any bylaw, agreement, vote of board of directors or members or shareholders, or otherwise. (16) To cease its corporate activities and surrender its corporate franchise. (17) To have and exercise all powers necessary or convenient to effect any or all of the purposes for which the corporation is organized and not inconsistent with the articles of incorporation or the provisions of this chapter. [2001 c 271 § 3; 1969 ex.s. c 120 § 6.] Indemnification of agents, insurance: RCW 23B.08.320, 23B.08.500 through 23B.08.580, 23B.08.600, and 23B.17.030. 24.06.032 Additional rights and powers authorized. In addition to any other rights and powers granted under this chapter, any mutual or miscellaneous corporation that was organized under this chapter prior to June 10, 2004, and conducts its business on a cooperative basis is entitled, by means of an express election contained in its articles of incorporation or bylaws, to avail itself of part or all of the additional rights and powers granted to cooperative associations under RCW 23.86.105(1), 23.86.160, and 23.86.170, and, if the corporation is a consumer cooperative, under RCW 23.86.030 (1) and (2). [2004 c 265 § 40.] 24.06.032 24.06.035 Nonprofit status—Members’, officers’ immunity from liability. (1) A corporation subject to the provisions of this chapter shall not engage in any business, trade, a vocation or profession for profit: PROVIDED, That 24.06.035 [Title 24 RCW—page 32] nothing contained herein shall be construed to forbid such a corporation from accumulating reserve, equity, surplus or other funds through subscriptions, fees, dues or assessments, or from charges made its members or other persons for services rendered or supplies or benefits furnished, or from distributing its surplus funds to its members, stockholders or other persons in accordance with the provisions of the articles of incorporation. A member of the board of directors or an officer of such a corporation shall have the same immunity from liability as is granted in RCW 4.24.264. (2) Unless the articles of incorporation provide otherwise, a member of the board of directors or an officer of the corporation is not individually liable to the corporation or its shareholders or members in their capacity as shareholders or members for conduct within his or her official capacity as a director or officer after July 22, 2001, except for acts or omissions that involve intentional misconduct or a knowing violation of the law, or that involve a transaction from which the director or officer will personally receive a benefit in money, property, or services to which the director or officer is not legally entitled. Nothing in this subsection may be construed to limit or modify in any manner the power of the attorney general to bring an action on behalf of the public to enjoin, correct, or otherwise remedy a breach of a charitable trust by a corporation or its directors or officers. [2001 c 271 § 4; 1987 c 212 § 709; 1969 ex.s. c 120 § 7.] 24.06.040 24.06.040 Defense of ultra vires. No act of a corporation and no conveyance or transfer of real or personal property to or by a corporation shall be invalid by reason of the fact that the corporation was without capacity or power to do such act or to make or receive such conveyance or transfer, but such lack of capacity or power may be asserted: (1) In a proceeding by a member, shareholder or a director against the corporation to enjoin the doing or continuation of unauthorized acts or the transfer of real or personal property by or to the corporation. If the unauthorized acts or transfer sought to be enjoined are being, or are to be, performed pursuant to any contract to which the corporation is a party, the court may, if all of the parties to the contract are parties to the proceeding and if it deems the same to be equitable, set aside and enjoin the performance of such contract, and in so doing may allow to the corporation or the other parties to the contract, as the case may be, compensation for the loss or damage sustained by either of them which may result from the action of the court in setting aside and enjoining the performance of such contract: PROVIDED, That anticipated profits to be derived from the performance of the contract shall not be awarded by the court as a loss or damage sustained. (2) In a proceeding by the corporation, whether acting directly or through a receiver, trustee, or other legal representative, or through members or shareholder in a representative suit, against the officers or directors of the corporation for exceeding their authority. (3) In a proceeding by the attorney general, as provided in this chapter, to dissolve the corporation, or in a proceeding by the attorney general to enjoin the corporation from performing unauthorized acts, or in any other proceeding by the attorney general. [1969 ex.s. c 120 § 8.] (2008 Ed.) Nonprofit Miscellaneous and Mutual Corporations Act 24.06.043 Indemnification of agents of any corporation authorized. See RCW 23B.17.030. 24.06.043 24.06.045 Corporate name. The corporate name: (1) Shall not contain any word or phrase which indicates or implies that it is organized for any purpose other than one or more of the purposes contained in its articles of incorporation. (2)(a) Except as provided in (b) and (c) of this subsection, must be distinguishable upon the records of the secretary of state from: (i) The corporate name of a corporation organized or authorized to transact business in this state; (ii) A corporate name reserved or registered under chapter 23B.04 RCW; (iii) The name or reserved name of a mutual corporation or miscellaneous corporation incorporated or authorized to do business under this chapter; (iv) The fictitious name adopted under RCW 23B.15.060 by a foreign corporation authorized to transact business in this state because its real name is unavailable; (v) The corporate name or reserved name of a not-forprofit corporation incorporated or authorized to conduct affairs in this state under chapter 24.03 RCW; (vi) The name or reserved name of a foreign or domestic limited partnership formed or registered under chapter 25.10 RCW; (vii) The name or reserved name of a limited liability company organized or registered under chapter 25.15 RCW; and (viii) The name or reserved name of a limited liability partnership registered under chapter 25.04 RCW. (b) A corporation may apply to the secretary of state for authorization to use a name that is not distinguishable upon the records from one or more of the names described in (a) of this subsection. The secretary of state shall authorize use of the name applied for if: (i) The other corporation, company, holder, limited liability partnership, or limited partnership consents to the use in writing and files with the secretary of state documents necessary to change its name or the name reserved or registered to a name that is distinguishable upon the records of the secretary of state from the name of the applying corporation; or (ii) The applicant delivers to the secretary of state a certified copy of the final judgment of a court of competent jurisdiction establishing the applicant’s right to use the name applied for in this state. (c) A corporation may use the name, including the fictitious name, of another domestic or foreign corporation, limited liability company, limited partnership, or limited liability partnership, that is used in this state if the other entity is incorporated, organized, formed, or authorized to transact business in this state, and the proposed user corporation: (i) Has merged with the other corporation, limited liability company, or limited partnership; or (ii) Has been formed by reorganization of the other corporation. (3) Shall be transliterated into letters of the English alphabet if it is not in English. (4) The name of any corporation formed under this section shall not include nor end with "incorporated", "com24.06.045 (2008 Ed.) 24.06.046 pany", or "corporation" or any abbreviation thereof, but may use "club", "league", "association", "services", "committee", "fund", "society", "foundation", ". . . . . ., a nonprofit mutual corporation", or any name of like import. (5) A name shall not be considered distinguishable upon the records of the secretary of state by virtue of: (a) A variation in any of the following designations for the same name: "Corporation," "incorporated," "company," "limited," "partnership," "limited partnership," "limited liability company," or "limited liability partnership," or the abbreviations "corp.," "inc.," "co.," "ltd.," "LP," "L.P.," "LLP," "L.L.P.," "LLC," or "L.L.C."; (b) The addition or deletion of an article or conjunction such as "the" or "and" from the same name; (c) Punctuation, capitalization, or special characters or symbols in the same name; or (d) Use of abbreviation or the plural form of a word in the same name. (6) This title does not control the use of assumed business names or "trade names." [1998 c 102 § 4; 1995 c 337 § 22; 1994 c 211 § 1307; 1987 c 55 § 41; 1982 c 35 § 121; 1973 c 113 § 1; 1969 ex.s. c 120 § 9.] Effective date—1995 c 337: See note following RCW 25.15.005. Effective date—Severability—1994 c 211: See RCW 25.15.900 and 25.15.902. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. Corporate name of foreign corporation: RCW 24.06.350. 24.06.046 Reservation of exclusive right to use corporate name. The exclusive right to the use of a corporate name may be reserved by: (1) Any person intending to organize a corporation under this title. (2) Any domestic corporation intending to change its name. (3) Any foreign corporation intending to make application for a certificate of authority to transact business in this state. (4) Any foreign corporation authorized to transact business in this state and intending to change its name. (5) Any person intending to organize a foreign corporation and intending to have such corporation make application for a certificate of authority to transact business in this state. The reservation shall be made by filing with the secretary of state an application to reserve a specified corporate name, executed by or on behalf of the applicant. If the secretary of state finds that the name is available for corporate use, the secretary of state shall reserve the same for the exclusive use of the applicant for a period of one hundred and eighty days. Such reservation shall be limited to one filing. The right to the exclusive use of a specified corporate name so reserved may be transferred to any other person or corporation by filing in the office of the secretary of state, a notice of such transfer, executed by the applicant for whom the name was reserved, and specifying the name and address of the transferee. [1993 c 356 § 13; 1982 c 35 § 122.] 24.06.046 Effective date—1993 c 356: See note following RCW 24.03.046. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. [Title 24 RCW—page 33] 24.06.047 Title 24 RCW: Corporations and Associations (Nonprofit) 24.06.047 Registration of corporate name. Any corporation, organized and existing under the laws of any state or territory of the United States may register its corporate name under this title, provided its corporate name is not the same as, or deceptively similar to, the name of any domestic corporation existing under the laws of this state, or the name of any foreign corporation authorized to transact business in this state, the name of any domestic limited liability company organized under the laws of this state, or the name of any foreign limited liability company authorized to transact business in this state, the name of any domestic or foreign limited partnership on file with the secretary, or any corporate name reserved or registered under this title. Such registration shall be made by: (1) Filing with the secretary of state: (a) An application for registration executed by the corporation by an officer thereof, setting forth the name of the corporation, the state or country under the laws of which it is incorporated, and the date of its incorporation, and (b) a certificate setting forth that such corporation is in good standing under the laws of the state or country wherein it is organized, executed by the secretary of state of such state or territory or by such other official as may have custody of the records pertaining to corporations, and (2) Paying to the secretary of state the applicable annual registration fee. The registration shall be effective until the close of the calendar year in which the application for registration is filed. [1994 c 211 § 1308; 1993 c 356 § 14; 1987 c 55 § 42; 1982 c 35 § 123.] 24.06.047 Effective date—Severability—1994 c 211: See RCW 25.15.900 and 25.15.902. Effective date—1993 c 356: See note following RCW 24.03.046. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. graphic address. For purposes of communicating by mail, the secretary of state may permit the use of a post office address in conjunction with the registered office address if the corporation also maintains on file the specific geographic address of the registered office where personal service of process may be made. (2) A registered agent, which agent may be either an individual resident in this state whose business office is identical with such registered office, or a domestic corporation existing under any act of this state or a foreign corporation authorized to transact business or conduct affairs in this state under any act of this state having an office identical with such registered office. The resident agent and registered office shall be designated by duly adopted resolution of the board of directors; and a statement of such designation, executed by an officer of the corporation, shall be filed with the secretary of state. A registered agent shall not be appointed without having given prior written consent to the appointment. The written consent shall be filed with the secretary of state in such form as the secretary may prescribe. The written consent shall be filed with or as a part of the document first appointing a registered agent. In the event any individual or corporation has been appointed agent without consent, that person or corporation may file a notarized statement attesting to that fact, and the name shall forthwith be removed from the records of the secretary of state. No Washington corporation or foreign corporation authorized to transact business in this state may be permitted to maintain any action in any court in this state until the corporation complies with the requirements of this section. [1993 c 356 § 15; 1982 c 35 § 125; 1969 ex.s. c 120 § 10.] Effective date—1993 c 356: See note following RCW 24.03.046. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.055 Change of registered office or registered agent. A corporation may change its registered office or change its registered agent, or both, upon filing in the office of the secretary of state a statement in the form prescribed by the secretary of state setting forth: (1) The name of the corporation. (2) If the address of its registered office is to be changed, the address to which the registered office is to be changed, including street and number. (3) If the current registered agent is to be changed, the name of its successor registered agent. (4) That the address of its registered office and the address of the office of its registered agent, as changed, will be identical. Such statement shall be executed by the corporation by an officer of the corporation, and delivered to the secretary of state, together with a written consent of the registered office to his or its appointment, if applicable. If the secretary of state finds that such statement conforms to the provisions of this chapter, the secretary of state shall file such statement, and upon such filing, the change of address of the registered office, or the appointment of a new registered agent, or both, as the case may be, shall become effective. Any registered agent of a corporation may resign as such agent upon filing a written notice thereof, executed in duplicate, with the secretary of state, who shall forthwith mail a 24.06.055 24.06.048 Renewal of registration of corporate name. A corporation which has in effect a registration of its corporate name, may renew such registration from year to year by annually filing an application for renewal setting forth the facts required to be set forth in an original application for registration and a certificate of good standing as required for the original registration and by paying a fee of ten dollars. A renewal application may be filed between the first day of October and the thirty-first day of December in each year, and shall extend the registration for the following calendar year. [1982 c 35 § 124.] 24.06.048 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.050 Registered office and registered agent. Each domestic corporation and foreign corporation authorized to do business in this state shall have and continuously maintain in this state: (1) A registered office which may be, but need not be, the same as its principal office. The registered office shall be at a specific geographic location in this state, and be identified by number, if any, and street, or building address or rural route, or, if a commonly known street or rural route address does not exist, by legal description. A registered office may not be identified by post office box number or other nongeo24.06.050 [Title 24 RCW—page 34] (2008 Ed.) Nonprofit Miscellaneous and Mutual Corporations Act copy thereof to the corporation in care of an officer, who is not the resigning registered agent, at the address of such officer as shown by the most recent annual report of the corporation. The appointment of such agent shall terminate upon the expiration of thirty days after receipt of such notice by the secretary of state. [1993 c 356 § 16; 1982 c 35 § 126; 1969 ex.s. c 120 § 11.] Effective date—1993 c 356: See note following RCW 24.03.046. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.060 Service of process on corporation. The registered agent so appointed by a corporation shall be an agent of such corporation upon whom any process, notice or demand required or permitted by law to be served upon the corporation may be served. Whenever a corporation shall fail to appoint or maintain a registered agent in this state, or whenever its registered agent cannot with reasonable diligence be found at the registered office, then the secretary of state shall be an agent of such corporation upon whom any such process, notice, or demand may be served. Service on the secretary of state of any such process, notice, or demand shall be made by delivering to and leaving with the secretary of state, or with any duly authorized clerk of the corporation department of his or her office, duplicate copies of such process, notice or demand. In the event any such process, notice or demand is served on the secretary of state, the secretary of state shall immediately cause one of the copies thereof to be forwarded by certified mail, addressed to the corporation at its registered office. Any service so had on the secretary of state shall be returnable in not less than thirty days. The secretary of state shall keep a record of all processes, notices and demands served upon the secretary of state under this section, and shall record therein the time of such service and his action with reference thereto. Nothing herein contained shall limit or affect the right to serve any process, notice or demand required or permitted by law to be served upon a corporation in any other manner now or hereafter permitted by law. [1982 c 35 § 127; 1969 ex.s. c 120 § 12.] 24.06.060 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.065 Members. A corporation may have one or more classes of members. The designation of such class or classes, the manner of election, appointment or admission to membership, and the qualifications, responsibilities and rights of the members of each class shall be set forth in the articles of incorporation. A corporation may issue certificates evidencing membership therein. Certificates may be assigned by a member and reacquired by the corporation under such provisions, rules and regulations as may be prescribed in the articles of incorporation. Membership may be terminated under such provisions, rules and regulations as may be prescribed in the articles of incorporation or bylaws. [1969 ex.s. c 120 § 13.] 24.06.065 24.06.070 Shares—Issuance—Payment—Subscription agreements. (1) Each corporation which is organized with capital stock shall have the power to create and issue the 24.06.070 (2008 Ed.) 24.06.070 number of shares stated in its articles of incorporation. Such shares may be divided into one or more classes, any or all of which classes may consist of shares with par value or shares without par value, with such designations, preferences, limitations, and relative rights as shall be stated in the articles of incorporation. The articles of incorporation may limit or deny the voting rights of or provide special voting rights for the shares of any class to the extent not inconsistent with the provisions of this chapter. (2) Without limiting the authority herein contained, a corporation, when so provided in its articles of incorporation, may issue shares of preferred or special classes: (a) Subject to the right of the corporation to redeem any of such shares at the price fixed by the articles of incorporation for the redemption thereof. (b) Entitling the holders thereof to cumulative, noncumulative or partially cumulative dividends. (c) Having preference over any other members or class or classes of shares as to the payment of dividends. (d) Having preference in the assets of the corporation over any other members or class or classes of shares upon the voluntary or involuntary liquidation of the corporation. (3) The consideration for the issuance of shares may be paid in whole or in part, in money, in other property, tangible or intangible, or in labor or services actually performed for the corporation. When payment of the consideration for which shares are to be issued shall have been received by the corporation, such shares shall be deemed to be fully paid and nonassessable. Neither promissory notes nor future services shall constitute payment or part payment, for shares of a corporation. In the absence of fraud in the transaction, the judgment of the board of directors or the shareholders, as the case may be, as to the value of the consideration received for shares shall be conclusive. (4) A subscription for shares of a corporation to be organized shall be in writing and be irrevocable for a period of six months, unless otherwise provided by the terms of the subscription agreement or unless all of the subscribers consent to the revocation of such subscription. Unless otherwise provided in the subscription agreement, subscriptions for shares, whether made before or after the organization of a corporation, shall be paid in full at such time, or in such installments and at such times, as shall be determined by the board of directors. Any call made by the board of directors for payment on subscriptions shall be uniform as to all shares of the same class or as to all shares of the same series, as the case may be. In case of default in the payment of any installment or call when such payment is due, the corporation may proceed to collect the amount due in the same manner as any debt due the corporation. The bylaws may prescribe other penalties for failure to pay installments or calls that may become due, but no penalty working a forfeiture of a subscription, or of the amounts paid thereon, shall be declared as against any subscriber unless the amount due thereon shall remain unpaid for a period of twenty days after written demand has been made therefor. If mailed, such written demand shall be deemed to be made when deposited in the United States mail in a sealed envelope addressed to the subscriber at his last post office address known to the corporation, with postage thereon prepaid. In the event of the sale [Title 24 RCW—page 35] 24.06.075 Title 24 RCW: Corporations and Associations (Nonprofit) of any shares by reason of any forfeiture, the excess of proceeds realized over the amount due and unpaid on such shares shall be paid to the delinquent subscriber or to his legal representative. [1969 ex.s. c 120 § 14.] 24.06.075 Shares—Consideration, fixing. (1) Shares having a par value may be issued for such consideration expressed in dollars, not less than the par value thereof, as shall be fixed from time to time by the board of directors. (2) Shares without par value shall be issued for such consideration expressed in dollars as may be fixed from time to time by the board of directors. [1969 ex.s. c 120 § 15.] 24.06.075 knowledge or notice that the full consideration therefor has not been paid shall not be personally liable to the corporation or its creditors for any unpaid portion of such consideration. An executor, administrator, conservator, guardian, trustee, assignee for the benefit of creditors, or receiver shall not be personally liable to the corporation as a holder of or subscriber to shares of a corporation but the estate and funds in his hands shall be so liable. No pledgee or other holder of shares as collateral security shall be personally liable as a shareholder. [1969 ex.s. c 120 § 17.] 24.06.090 24.06.080 Shares—Certificates. The shares of a corporation shall be represented by certificates signed by the president or vice president and the secretary or an assistant secretary of the corporation, and may be sealed with the seal of the corporation or a facsimile thereof. The signatures of the president or vice president and the secretary or assistant secretary upon a certificate may be facsimiles if the certificate is countersigned by a transfer agent, or registered by a registrar, other than the corporation itself or an employee of the corporation. In case any officer who has signed or whose facsimile signature has been placed upon such certificate shall have ceased to be such officer before such certificate is issued, it may be issued by the corporation with the same effect as if he were such officer at the date of its issue. Every certificate representing shares issued by a corporation which is authorized to issue shares of more than one class shall set forth upon the face or back of the certificate, or shall state that the corporation will furnish to any shareholder upon request and without charge, a full statement of the designations, preferences, limitations, and relative rights of the shares of each class authorized to be issued and, if the corporation is authorized to issue any preferred or special class in series, the variations in the relative rights and preferences between the shares of each such series so far as the same have been fixed and determined and the authority of the board of directors to fix and determine the relative rights and preferences of subsequent series. Each certificate representing shares shall state upon the face thereof: (1) That the corporation is organized under the laws of this state. (2) The name of the person to whom issued. (3) The number and class of shares, and the designation of the series, if any, which such certificate represents. (4) The par value of each share represented by such certificate, or a statement that the shares are without par value. No certificate shall be issued for any share until such share is fully paid. [1969 ex.s. c 120 § 16.] 24.06.080 24.06.085 Liability of shareholders, subscribers, assignees, executors, trustees, etc. A holder of or subscriber to shares of a corporation shall be under no obligation to the corporation or its creditors with respect to such shares other than the obligation to pay to the corporation the full consideration for which such shares were issued or to be issued. Any person becoming an assignee or transferee of shares or of a subscription for shares in good faith and without 24.06.085 [Title 24 RCW—page 36] 24.06.090 Preemptive share acquisition rights. The preemptive right of a shareholder to acquire unissued shares of a corporation may be limited or denied to the extent provided in the articles of incorporation. [1969 ex.s. c 120 § 18.] 24.06.095 24.06.095 Bylaws. The initial bylaws of a corporation shall be adopted by its board of directors. The power to alter, amend or repeal the bylaws or adopt new bylaws shall be vested in the board of directors unless otherwise provided in the articles of incorporation or the bylaws. The bylaws may contain any provisions for the regulation and management of the affairs of a corporation not inconsistent with law or the articles of incorporation: PROVIDED, That where the bylaws of an existing corporation prohibit voting by mail, by electronic transmission, or by proxy or attorney-in-fact, and the quorum required by its bylaws for election of directors or transaction of other business has not been obtained at a shareholders’ or members’ meeting, for a period which includes at least two consecutive annual meeting dates, the board of directors shall have power to amend such bylaws to thereafter authorize voting by mail, by electronic transmission, or by proxy or attorney-in-fact. [2000 c 167 § 2; 1970 ex.s. c 78 § 1; 1969 ex.s. c 120 § 19.] 24.06.100 24.06.100 Meetings of members and shareholders. Meetings of members and/or shareholders may be held at such place, either within or without this state, as may be provided in the bylaws. In the absence of any such provision, all meetings shall be held at the registered office of the corporation in this state. An annual meeting of the members and shareholders shall be held at such time as may be provided in the bylaws. Failure to hold the annual meeting at the designated time shall not work a forfeiture or dissolution of the corporation. Special meetings of the members or shareholders may be called by the president or by the board of directors. Special meetings of the members or shareholders may also be called by such other officers or persons or number or proportion of members or shareholders as may be provided in the articles of incorporation or the bylaws. In the absence of a provision fixing the number or proportion of members or shareholders entitled to call a meeting, a special meeting of members or shareholders may be called by persons having one-twentieth of the votes entitled to be cast at such meeting. Only business within the purpose or purposes described in the meeting notice required by RCW 24.06.105 may be conducted at a special meeting. (2008 Ed.) Nonprofit Miscellaneous and Mutual Corporations Act If the articles of incorporation or bylaws so provide, members or shareholders may participate in any meeting of members or shareholders by any means of communication by which all persons participating in the meeting can hear each other during the meeting. A member or shareholder participating in a meeting by this means is deemed to be present in person at the meeting. [2001 c 271 § 5; 1969 ex.s. c 120 § 20.] 24.06.105 24.06.105 Notice of meetings. Written or printed notice or, if specifically permitted by the articles of incorporation or bylaws of the corporation, notice given by electronic transmission, stating the place, day and hour of the meeting and, in case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered not less than ten nor more than fifty days before the date of the meeting, either personally or by mail or electronic transmission, by or at the direction of the president, or the secretary, or the officers or persons calling the meeting, to each member or shareholder entitled to vote at such meeting. If provided in the articles of incorporation, notice of regular meetings other than annual may be made by providing each member with the adopted schedule of regular meetings for the ensuing year at any time after the annual meeting and ten days prior to a regular meeting and at any time when requested by a member or by such other notice as may be prescribed by the bylaws. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail, addressed to the member or shareholder at his or her address as it appears on the records of the corporation, with postage thereon prepaid. If sent by electronic transmission, the notice is deemed to be delivered when sent, addressed to the member or shareholder at his or her electronic transmission address as it appears on the records of the corporation. [2000 c 167 § 3; 1969 ex.s. c 120 § 21.] 24.06.115 signature to be affixed to the writing by any reasonable means including, but not limited to, facsimile signature; or (2) Authorizing another person or persons to act for the member or shareholder as proxy by transmitting or authorizing the transmission of an electronic transmission to the person who will be the holder of the proxy, or to a proxy solicitation firm, proxy support service organization, or like agent duly authorized by the person who will be the holder of the proxy to receive the transmission. If it is determined that the electronic transmissions are valid, the inspector of election or, if there are no inspectors, any other officer or agent of the corporation making that determination on behalf of the corporation shall specify the information upon which they relied. The corporation shall require the holders of proxies received by electronic transmission to provide to the corporation copies of the electronic transmission and the corporation shall retain copies of the electronic transmission for a reasonable period of time. If specifically permitted by the articles of incorporation or bylaws, whenever proposals or directors or officers are to be voted upon, such vote may be taken by mail or by electronic transmission if the name of each candidate and the text of each proposal to be so voted upon are set forth in a writing accompanying or contained in the notice of meeting. Persons voting by mail or by electronic transmission shall be deemed present for all purposes of quorum, count of votes and percentages of total voting power voting. The articles of incorporation or the bylaws may provide that in all elections for directors every person entitled to vote shall have the right to cumulate his or her vote and to give one candidate a number of votes equal to his or her vote multiplied by the number of directors to be elected, or by distributing such votes on the same principle among any number of such candidates. [2001 c 271 § 6; 2000 c 167 § 4; 1969 ex.s. c 120 § 22.] 24.06.115 Quorum. The articles of incorporation or the bylaws may provide the number or percentage of votes which members or shareholders are entitled to cast in person, by mail, by electronic transmission, or by proxy, which shall constitute a quorum at meetings of shareholders or members. However, in no event shall a quorum be less than one-fourth, or in the case of consumer cooperatives, five percent, of the votes which members or shareholders are entitled to cast in person, by mail, by electronic transmission, or by proxy, at a meeting considering the adoption of a proposal which is required by the provisions of this chapter to be adopted by at least two-thirds of the votes which members or shareholders present at the meeting in person or by mail, by electronic transmission, or represented by proxy are entitled to cast. In all other matters and in the absence of any provision in the articles of incorporation or bylaws, a quorum shall consist of one-fourth, or in the case of consumer cooperatives, five percent, of the votes which members or shareholders are entitled to cast in person, by mail, by electronic transmission, or by proxy at the meeting. On any proposal on which a class of shareholders or members is entitled to vote as a class, a quorum of the class entitled to vote as such class must also be present in person, by mail, by electronic transmission, or represented by proxy. [2001 c 271 § 7; 2000 c 167 § 5; 1969 ex.s. c 120 § 23.] 24.06.115 24.06.110 24.06.110 Voting. The right of a class or classes of members or shareholders to vote may be limited, enlarged or denied to the extent specified in the articles of incorporation. Unless so limited, enlarged or denied, each member and each outstanding share of each class shall be entitled to one vote on each matter submitted to a vote of members or shareholders. No member of a class may acquire any interest which will entitle him or her to a greater vote than any other member of the same class. A member or shareholder may vote in person or, unless the articles of incorporation or the bylaws otherwise provide, may vote by mail, by electronic transmission, or by proxy executed in writing by the member or shareholder or by his or her duly authorized attorney-in-fact: PROVIDED, That no proxy shall be valid for more than eleven months from the date of its execution unless otherwise specified in the proxy. If a member or shareholder may vote by proxy, the proxy may be given by: (1) Executing a writing authorizing another person or persons to act for the member or shareholder as proxy. Execution may be accomplished by the member or shareholder or the member’s or shareholder’s authorized officer, director, employee, or agent signing the writing or causing his or her (2008 Ed.) [Title 24 RCW—page 37] 24.06.120 Title 24 RCW: Corporations and Associations (Nonprofit) 24.06.120 Class voting. A class of members or shareholders shall be entitled to vote as a class upon any proposition, whether or not entitled to vote thereon by the provisions of the articles of incorporation, if the proposition would increase or decrease the rights, qualifications, limitations, responsibilities or preferences of the class as related to any other class. [1969 ex.s. c 120 § 24.] 24.06.120 24.06.125 Board of directors. The affairs of the corporation shall be managed by a board of directors. Directors need not be residents of this state or members or shareholders of the corporation unless the articles of incorporation or the bylaws so require. The articles of incorporation or the bylaws may prescribe other qualifications for directors. [1969 ex.s. c 120 § 25.] 24.06.125 24.06.130 Number and election of directors. The number of directors of a corporation shall be not less than three and shall be fixed by the bylaws: PROVIDED, That the number of the first board of directors shall be fixed by the articles of incorporation. The number of directors may be increased or decreased from time to time by amendment to the bylaws, unless the articles of incorporation provide that a change in the number of directors shall be made only by amendment of the articles of incorporation. No decrease in number shall have the effect of shortening the term of any incumbent director. In the absence of a bylaw fixing the number of directors, the number shall be the same as that stated in the articles of incorporation. The directors constituting the first board of directors shall be named in the articles of incorporation and shall hold office until the first annual election of directors or for such other period as may be specified in the articles of incorporation or the bylaws. Thereafter, directors shall be elected or appointed in the manner and for the terms provided in the articles of incorporation or the bylaws. In the absence of a provision fixing the term of office, the term of office of a director shall be one year. Directors may be divided into classes and the terms of office of the several classes need not be uniform. Each director shall hold office for the term for which he is elected or appointed and until his successor shall have been elected or appointed and qualified. A director may be removed from office pursuant to any procedure therefor provided in the articles of incorporation. [1969 ex.s. c 120 § 26.] 24.06.130 24.06.135 Vacancies. Any vacancy occurring in the board of directors and any directorship to be filled by reason of an increase in the number of directors may be filled by the board of directors unless the articles of incorporation or the bylaws provide that a vacancy or directorship so created shall be filled in some other manner. A director elected or appointed, as the case may be, to fill a vacancy, shall be elected or appointed for the unexpired term of his predecessor in office. [1969 ex.s. c 120 § 27.] 24.06.135 24.06.140 Quorum of directors. A majority of the number of directors fixed by the bylaws, or in the absence of a bylaw fixing the number of directors, then of the number 24.06.140 [Title 24 RCW—page 38] stated in the articles of incorporation, shall constitute a quorum for the transaction of business, unless otherwise provided in the articles of incorporation or the bylaws: PROVIDED, That a quorum shall never consist of less than onethird of the number of directors so fixed or stated. The act of the majority of the directors present at a meeting at which a quorum is present shall be the act of the board of directors, unless the act of a greater number is required by this chapter, the articles of incorporation, or the bylaws. [1969 ex.s. c 120 § 28.] 24.06.145 Committees. If the articles of incorporation or the bylaws so provide, the board of directors, by resolution adopted by a majority of the directors in office, may designate and appoint one or more committees each of which shall consist of two or more directors, which committees, to the extent provided in such resolution, in the articles of incorporation, or in the bylaws of the corporation, shall have and exercise the authority of the board of directors in the management of the corporation: PROVIDED, That no such committee shall have the authority of the board of directors in reference to: (1) Amending, altering or repealing the bylaws; (2) Electing, appointing, or removing any member of any such committee or any director or officer of the corporation; (3) Amending the articles of incorporation; (4) Adopting a plan of merger or a plan of consolidation with another corporation; (5) Authorizing the sale, lease, exchange, or mortgage, of all or substantially all of the property and assets of the corporation; (6) Authorizing the voluntary dissolution of the corporation or revoking proceedings therefor; or (7) Amending, altering or repealing any resolution of the board of directors which by its terms provides that it shall not be amended, altered or repealed by such committee. The designation and appointment of any such committee and the delegation thereto of authority shall not operate to relieve the board of directors, or any individual director of any responsibility imposed upon it or him by law. [1969 ex.s. c 120 § 29.] 24.06.145 24.06.150 Directors’ meetings. Meetings of the board of directors, regular or special, may be held either within or without this state, and upon such notice as the bylaws may prescribe. Attendance of a director at any meeting shall constitute a waiver of notice of such meeting except where a director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the board of directors need be specified in the notice or waiver of notice of such meeting. Unless the articles of incorporation or bylaws provide otherwise, any or all directors may participate in a regular or special meeting by, or conduct the meeting through the use of, any means of communication by which all directors participating can hear each other during the meeting. A director participating in a meeting by this means is deemed to be 24.06.150 (2008 Ed.) Nonprofit Miscellaneous and Mutual Corporations Act present in person at the meeting. [2001 c 271 § 8; 1969 ex.s. c 120 § 30.] 24.06.153 Duties of director or officer—Standards— Liability. (1) A director shall discharge the duties of a director, including duties as a member of a committee, and an officer with discretionary authority shall discharge the officer’s duties under that authority: (a) In good faith; (b) With the care an ordinarily prudent person in a like position would exercise under similar circumstances; and (c) In a manner the director or officer reasonably believes to be in the best interests of the corporation. (2) In discharging the duties of a director or an officer, a director or officer is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: (a) One or more officers or employees of the corporation whom the director or officer reasonably believes to be reliable and competent in the matters presented; or (b) Legal counsel, public accountants, or other persons as to matters the director or officer reasonably believes are within the person’s professional or expert competence. In addition, a director is entitled to rely on a committee of the board of directors of which the director is not a member if the director reasonably believes the committee merits confidence. (3) A director or an officer is not acting in good faith if the director or officer has knowledge concerning the matter in question that makes reliance otherwise permitted by subsection (2) of this section unwarranted. (4) A director or officer is not liable for any action taken as a director or as an officer, or any failure to take any action, if the director or officer performed the duties of the director’s or officer’s office in compliance with this section. [2001 c 271 § 9.] 24.06.153 24.06.155 Officers. The officers of a corporation shall consist of a president, one or more vice presidents, a secretary, a treasurer and such other officers and assistant officers as may be deemed necessary, each of whom shall be elected or appointed at such time and in such manner and for such terms not exceeding three years as may be prescribed in the articles of incorporation or the bylaws. In the absence of any such provision, all officers shall be elected or appointed annually by the board of directors. If the bylaws so provide, any two or more offices may be held by the same person, except the offices of president and secretary. The articles of incorporation or the bylaws may provide that any one or more officers of the corporation shall be ex officio members of the board of directors. The officers of a corporation may be designated by such additional titles as may be provided in the articles of incorporation or the bylaws. [1969 ex.s. c 120 § 31.] 24.06.180 tered office or principal office in this state a record of the names and addresses of its members and shareholders entitled to vote. All books and records of a corporation may be inspected by any member or shareholder, or his agent or attorney, for any proper purpose at any reasonable time. [1969 ex.s. c 120 § 32.] 24.06.165 Loans to directors or officers. No loans exceeding or more favorable than those which are customarily made to members or shareholders shall be made by a corporation to its directors or officers. The directors of a corporation who vote for or assent to the making of a loan in violation of this section to a director or officer of the corporation, and any officer or officers participating in the making of such loan, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof. [1969 ex.s. c 120 § 33.] 24.06.165 24.06.170 Filing of articles of incorporation. Duplicate originals of the articles of incorporation shall be delivered to the secretary of state. If the secretary of state finds that the articles of incorporation conform to law, he or she shall, when all fees have been paid as in this chapter prescribed: (1) Endorse on each of such originals the word "filed" and the effective date of the filing thereof. (2) File one of such originals in his or her office. (3) Issue a certificate of incorporation to which he or she shall affix one of such originals. The certificate of incorporation together with the original of the articles of incorporation affixed thereto by the secretary of state shall be returned to the incorporators or their representatives and shall be retained by the corporation. [1982 c 35 § 128; 1981 c 302 § 5; 1969 ex.s. c 120 § 34.] 24.06.170 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. Severability—1981 c 302: See note following RCW 19.76.100. 24.06.155 24.06.160 Books and records. Each corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its members, shareholders, board of directors, and committees having any of the authority of the board of directors; and shall keep at its regis24.06.160 (2008 Ed.) 24.06.175 Effect of filing of articles of incorporation. Upon the filing of the articles of incorporation, the corporate existence shall begin, and the certificate of incorporation shall, except as against the state in a proceeding to cancel or revoke the certificate of incorporation, be conclusive evidence that all conditions precedent required to be performed by the incorporators have been complied with and that the corporation has been incorporated under this chapter. [1982 c 35 § 129; 1969 ex.s. c 120 § 35.] 24.06.175 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.180 Organization meeting. After the issuance of the certificate of incorporation an organization meeting of the board of directors named in the articles of incorporation shall be held, either within or without this state, at the call of a majority of the incorporators, for the purpose of adopting bylaws, electing officers and the transaction of such other business as may come before the meeting. The incorporators calling the meeting shall give at least three days’ notice thereof by mail to each director so named, which notice shall state the time and place of the meeting. 24.06.180 [Title 24 RCW—page 39] 24.06.185 Title 24 RCW: Corporations and Associations (Nonprofit) A first meeting of the members and shareholders may be held at the call of the directors, or a majority of them, upon at least three days’ notice, for such purposes as shall be stated in the notice of the meeting. [1969 ex.s. c 120 § 36.] 24.06.185 Right to amend articles of incorporation. A corporation may amend its articles of incorporation from time to time in any and as many respects as may be desired, so long as its articles of incorporation as amended contain only such provisions as are lawful under this chapter. A member or shareholder of a corporation does not have a vested property right resulting from any provision in the articles of incorporation. [2001 c 271 § 10; 1969 ex.s. c 120 § 37.] 24.06.185 24.06.190 Procedure to amend articles of incorporation. Amendments to the articles of incorporation shall be made in the following manner: A corporation’s board of directors may amend the articles of incorporation to change the name of the corporation, without seeking member or shareholder approval. With respect to amendments other than to change the name of the corporation, the board of directors shall adopt a resolution setting forth the proposed amendment and directing that it be submitted to a vote at a meeting of members and shareholders, which may be either an annual or a special meeting. Written or printed notice or, if specifically permitted by the articles of incorporation or bylaws of the corporation, notice by electronic transmission, setting forth the proposed amendment or a summary of the changes to be effected thereby shall be given to each member and shareholder entitled to vote at such meeting within the time and in the manner provided in this chapter for the giving of notice of meetings of members and shareholders. The proposed amendment shall be adopted upon receiving at least two-thirds of the votes which members or shareholders present in person or by mail or by electronic transmission at such meeting or represented by proxy are entitled to cast: PROVIDED, That when any class of shares or members is entitled to vote thereon by class, the proposed amendment must receive at least two-thirds of the votes of the members or shareholders of each class entitled to vote thereon as a class, who are present in person, by mail, by electronic transmission, or represented by proxy at such meeting. Any number of amendments may be submitted and voted upon at any one meeting. [2001 c 271 § 11; 2000 c 167 § 6; 1969 ex.s. c 120 § 38.] 24.06.190 24.06.195 Articles of amendment. The articles of amendment shall be executed in duplicate originals by the corporation by an officer of the corporation, and shall set forth: (1) The name of the corporation. (2) Any amendment so adopted. (3) If an amendment was adopted by the board of directors without being submitted for member or shareholder action, a statement to that effect and that member or shareholder action was not required; or a statement setting forth the date of the meeting of members and shareholders at which the amendment was adopted, that a quorum was present at 24.06.195 [Title 24 RCW—page 40] such meeting, and that such amendment received at least twothirds of the votes which members or shareholders of the corporation, and of each class entitled to vote thereon as a class, present at such meeting in person, by mail, by electronic transmission, or represented by proxy were entitled to cast, or a statement that such amendment was adopted by a consent in writing signed by all members and shareholders entitled to vote with respect thereto. [2001 c 271 § 12; 2000 c 167 § 7; 1982 c 35 § 130; 1981 c 302 § 6; 1969 ex.s. c 120 § 39.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. Severability—1981 c 302: See note following RCW 19.76.100. 24.06.200 Filing of articles of amendment—Procedure. Duplicate originals of the articles of amendment shall be delivered to the secretary of state. If the secretary of state finds that the articles of amendment conform to law, he or she shall, when all fees have been paid as prescribed in this chapter: (1) Endorse on each of such originals the word "filed", and the effective date of the filing thereof. (2) File one of such originals in his or her office. (3) Issue a certificate of amendment to which he or she shall affix one of such originals. The certificate of amendment, together with the other duplicate original of the articles of amendment affixed thereto by the secretary of state shall be returned to the corporation or its representative and shall be retained by the corporation. [1982 c 35 § 131; 1981 c 302 § 7; 1969 ex.s. c 120 § 40.] 24.06.200 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. Severability—1981 c 302: See note following RCW 19.76.100. 24.06.205 When amendment becomes effective— Existing actions and rights not affected. Upon the filing of the articles of amendment by the secretary of state, the amendment shall become effective and the articles of incorporation shall be deemed to be amended accordingly. No amendment shall affect any existing cause of action in favor of or against such corporation, nor any pending action to which such corporation shall be a party, nor the existing rights of persons other than members; and, in the event the corporate name shall be changed by amendment, no action brought by or against such corporation under its former name shall abate for that reason. [1982 c 35 § 132; 1969 ex.s. c 120 § 41.] 24.06.205 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.207 Restated articles of incorporation. A domestic corporation may at any time restate its articles of incorporation as theretofore amended, by a resolution adopted by the board of directors. Upon the adoption of the resolution, restated articles of incorporation shall be executed in duplicate by the corporation by one of its officers and shall set forth all of the operative provisions of the articles of incorporation as theretofore amended together with a statement that the restated articles of incorporation correctly set forth without change the corresponding provisions of the articles of incorporation as there24.06.207 (2008 Ed.) Nonprofit Miscellaneous and Mutual Corporations Act tofore amended and that the restated articles of incorporation supersede the original articles of incorporation and all amendments thereto. Duplicate originals of the restated articles of incorporation shall be delivered to the secretary of state. If the secretary of state finds that the restated articles of incorporation conform to law, the secretary of state shall, when all fees required by this title have been paid: (1) Endorse on each duplicate original the word "Filed" and the effective date of the filing thereof; (2) File one duplicate original; and (3) Issue a restated certificate of incorporation, to which the other duplicate original shall be affixed. The restated certificate of incorporation, together with the duplicate original of the restated articles of incorporation affixed thereto by the secretary of state, shall be returned to the corporation or its representative. Upon the filing of the restated articles of incorporation by the secretary of state, the restated articles of incorporation shall become effective and shall supersede the original articles of incorporation and all amendments thereto. [1982 c 35 § 133.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.210 Procedure for merger. Any two or more domestic corporations may merge into one of such corporations pursuant to a plan of merger approved in the manner provided in this chapter. Each corporation shall adopt a plan of merger setting forth: (1) The names of the corporations proposing to merge, and the name of the corporation into which they propose to merge, which is hereinafter designated as the surviving corporation. (2) The terms and conditions of the proposed merger. (3) A statement of any changes in the articles of incorporation of the surviving corporation to be effected by such merger. (4) Such other provisions with respect to the proposed merger as are deemed necessary or desirable. [1969 ex.s. c 120 § 42.] 24.06.210 24.06.215 Procedure for consolidation. Any two or more domestic corporations may consolidate into a new corporation pursuant to a plan of consolidation approved in the manner provided in this chapter. Each corporation shall adopt a plan of consolidation setting forth: (1) The names of the corporations proposing to consolidate, and the name of the new corporation into which they propose to consolidate, which is hereinafter designated as the new corporation. (2) The terms and conditions of the proposed consolidation. (3) With respect to the new corporation, all of the statements required to be set forth in articles of incorporation for corporations organized under this chapter. (4) Such other provisions with respect to the proposed consolidation as are deemed necessary or desirable. [1969 ex.s. c 120 § 43.] 24.06.215 (2008 Ed.) 24.06.225 24.06.220 Approval of merger or consolidation. A plan of merger or consolidation shall be adopted in the following manner: The board of directors of such corporation shall adopt a resolution approving the proposed plan and directing that it be submitted to a vote at a meeting of members or shareholders which may be either an annual or a special meeting. Written or printed notice or, if specifically permitted by the articles of incorporation or bylaws of the corporation, notice by electronic transmission, setting forth the proposed plan or a summary thereof shall be given to each member and shareholder within the time and in the manner provided in this chapter for the giving of notice of meetings of members and shareholders. The proposed plan shall be adopted upon receiving at least two-thirds of the votes which members and shareholders present in person or by mail or by electronic transmission at each such meeting or represented by proxy are entitled to cast: PROVIDED, That when any class of shares or members is entitled to vote thereon as a class, the proposed amendment must receive at least two-thirds of the votes of the members or shareholders of each class entitled to vote thereon as a class, who are present in person, by mail, by electronic transmission, or represented by proxy at such meeting. After such approval, and at any time prior to the filing of the articles of merger or consolidation, the merger or consolidation may be abandoned pursuant to provisions therefor, if any, set forth in the plan of merger or consolidation. [2000 c 167 § 8; 1969 ex.s. c 120 § 44.] 24.06.220 24.06.225 Articles of merger or consolidation. (1) Upon approval, articles of merger or articles of consolidation shall be executed in duplicate originals by each corporation, by an officer of each corporation, and shall set forth: (a) The plan of merger or the plan of consolidation; (b) A statement setting forth the date of the meeting of members or shareholders at which the plan was adopted, that a quorum was present at such meeting, and that such plan received at least two-thirds of the votes which members and shareholders of the corporation and of each class entitled to vote thereon as a class, present at such meeting in person or by mail or by electronic transmission or represented by proxy were entitled to cast, or a statement that such amendment was adopted by a consent in writing signed by all members; (2) Duplicate originals of the articles of merger or articles of consolidation shall be delivered to the secretary of state. If the secretary of state finds that such articles conform to law, he or she shall, when all fees have been paid as prescribed in this chapter: (a) Endorse on each of such originals the word "filed", and the effective date of the filing thereof; (b) File one of such originals in his or her office; (c) Issue a certificate of merger or a certificate of consolidation to which he or she shall affix one of such originals. The certificate of merger or certificate of consolidation, together with the original of the articles of merger or articles of consolidation affixed thereto by the secretary of state shall be returned to the surviving or new corporation, as the case may be, or its representative, and shall be retained by the corporation. [2000 c 167 § 9; 1982 c 35 § 134; 1981 c 302 § 8; 1969 ex.s. c 120 § 45.] 24.06.225 [Title 24 RCW—page 41] 24.06.230 Title 24 RCW: Corporations and Associations (Nonprofit) 24.06.230 Merger or consolidation—When effected. Upon the filing of articles of merger, or the articles of consolidation by the secretary of state, the merger or consolidation shall be effected. [1982 c 35 § 135; 1969 ex.s. c 120 § 46.] each corporation signing the notice. If the secretary of state finds the notice conforms to law, the secretary of state shall: (a) Endorse on each of the originals the word "Filed" and the effective date of the filing thereof; (b) File one of the triplicate originals in the secretary of state’s office; and (c) Issue the other triplicate originals to the respective parties or their representatives. [1982 c 35 § 136.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.233 Merger or consolidation of domestic and foreign corporation—Participation in an exchange. One or more foreign corporations and one or more domestic corporations may be merged or consolidated or participate in an exchange in the following manner, if such merger, consolidation, or exchange is permitted by the laws of the state under which each such foreign corporation is organized: (1) Each domestic corporation shall comply with the provisions of this title with respect to the merger, consolidation, or exchange, as the case may be, of domestic corporations and each foreign corporation shall comply with the applicable provisions of the laws of the state under which it is organized. (2) If the surviving or new corporation in a merger or consolidation is to be governed by the laws of any state other than this state, it shall comply with the provisions of this title with respect to foreign corporations if it is to transact business in this state, and in every case it shall file with the secretary of state of this state: (a) An agreement that it may be served with process in this state in any proceeding for the enforcement of any obligation of any domestic corporation which is a party to such merger or consolidation and in any proceeding for the enforcement of the rights, if any, of a dissenting shareholder of any such domestic corporation against the surviving or new corporation; (b) An irrevocable appointment of the secretary of state of this state as its agent to accept service of process in any such proceeding; and (c) An agreement that it will promptly pay to the dissenting shareholders of any such domestic corporation the amount, if any, to which they shall be entitled under the provisions of this title with respect to the rights of dissenting shareholders. The effect of such merger or consolidation shall be the same as in the case of the merger or consolidation of domestic corporations, if the surviving or new corporation is to be governed by the laws of this state. If the surviving or new corporation is to be governed by the laws of any state other than this state, the effect of such merger or consolidation shall be the same as in the case of the merger or consolidation of domestic corporations except insofar as the laws of such other state provide otherwise. (3) At any time prior to the effective date of the articles of merger, consolidation, or exchange, the merger, consolidation, or exchange, may be abandoned pursuant to provision therefor, if any, set forth in the plan of merger, consolidation or exchange. In the event the merger, consolidation, or exchange is abandoned, the parties thereto shall execute a notice of abandonment in triplicate signed by an officer for 24.06.235 Effect of merger or consolidation. When such merger or consolidation has been effected: (1) The several corporations party to the plan of merger or consolidation shall be a single corporation, which, in the case of a merger, shall be that corporation designated in the plan of merger as the surviving corporation, and, in the case of a consolidation, shall be the new corporation provided for in the plan of consolidation. (2) The separate existence of all corporations party to the plan of merger or consolidation, except the surviving or new corporation, shall cease. (3) The surviving or new corporation shall have all the rights, privileges, immunities and powers, and shall be subject to all the duties and liabilities of a corporation organized under this chapter. (4) The surviving or new corporation shall thereupon and thereafter possess all the rights, privileges, immunities, and franchises, whether of a public or a private nature, of each of the merging or consolidating corporations; all property, real, personal and mixed, and all debts due on whatever account, and all other choses in action, and all and every other interest, of or belonging to or due to each of the corporations so merged or consolidated, shall be taken and deemed to be transferred to and vested in such single corporation without further act or deed; and no title to any real estate, or any interest therein, vested in any of such corporations shall not revert nor be in any way impaired by reason of such merger or consolidation. (5) The surviving or new corporation shall thenceforth be responsible and liable for all the liabilities and obligations of each of the corporations so merged or consolidated; and any claim existing or action or proceeding pending by or against any of such corporations may be prosecuted as if such merger or consolidation had not taken place, or such surviving or new corporation may be substituted in its place. No rights of creditors nor any liens upon the property of any such corporation shall be impaired by such merger or consolidation. (6) In the case of a merger, the articles of incorporation of the surviving corporation shall be deemed to be amended to the extent, if any, that changes in its articles of incorporation are stated in the plan of merger; and, in the case of a consolidation, the statements set forth in the articles of consolidation and which are required or permitted to be set forth in the articles of incorporation of corporations organized under this chapter shall be deemed to be the articles of incorporation of the new corporation. [1969 ex.s. c 120 § 47.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. Severability—1981 c 302: See note following RCW 19.76.100. 24.06.230 24.06.233 [Title 24 RCW—page 42] 24.06.235 24.06.240 Sale, lease, exchange, etc., of property and assets. A sale, lease, exchange, or other disposition of all or 24.06.240 (2008 Ed.) Nonprofit Miscellaneous and Mutual Corporations Act substantially all of the property and assets of a corporation may be made upon such terms and conditions and for such consideration, which may consist in whole or in part of money or property, real or personal, including shares of any corporation for profit, domestic or foreign, as may be authorized in the following manner: (1) The board of directors shall adopt a resolution recommending a sale, lease, exchange, or other disposition and directing that it be submitted to a vote at a meeting of members or shareholders which may be either an annual or a special meeting. (2) Written or printed notice or, if specifically permitted by the articles of incorporation or bylaws of the corporation, notice by electronic transmission, stating that the purpose or one of the purposes of such meeting is to consider the sale, lease, exchange, or other disposition of all or substantially all of the property and assets of the corporation shall be given to each member and shareholder within the time and in the manner provided by this chapter for the giving of notice of meetings of members and shareholders. (3) At such meeting the members may authorize such sale, lease, exchange, or other disposition and may fix, or may authorize the board of directors to fix, any or all of the terms and conditions thereof and the consideration to be received by the corporation therefor. (4) Such authorization shall require at least two-thirds of the votes which members and shareholders present at such meetings in person, by mail, by electronic transmission, or represented by proxy are entitled to cast: PROVIDED, That even after such authorization by a vote of members or shareholders, the board of directors may, in its discretion, without further action or approval by members, abandon such sale, lease, exchange, or other disposition of assets, subject only to the rights of third parties under any contracts relating thereto. [2000 c 167 § 10; 1969 ex.s. c 120 § 48.] 24.06.245 Right of member or shareholder to dissent. Any member or shareholder of a corporation shall have the right to dissent from any of the following corporate actions: (1) Any plan of merger or consolidation to which the corporation is a party other than a merger or consolidation in which all members or shareholders of the corporation have the right to continue their membership or shareholder status in the surviving corporation on substantially similar terms; or (2) Any sale or exchange of all or substantially all of the property and assets of the corporation not made in the usual and regular course of its business, including a sale in dissolution, but not including a sale pursuant to an order of a court having jurisdiction in the premises or a sale for cash on terms requiring that all or substantially all of the net proceeds of sale be distributed to the shareholders in accordance with their respective interests within one year after the date of sale; or (3) Any amendment to the articles of incorporation that materially reduces the number of shares owned by a shareholder to a fraction of a share if the fractional share is to be acquired by the corporation for cash; or (4) Any corporate action taken pursuant to a member or shareholder vote to the extent that the articles of incorporation, bylaws, or a resolution of the board of directors provides 24.06.245 (2008 Ed.) 24.06.250 that voting or nonvoting members or shareholders are entitled to dissent and obtain payment for their membership or shares. A member or shareholder entitled to dissent and obtain payment for the member’s or shareholder’s membership interest or shares under this chapter may not challenge the corporate action creating the member’s or shareholder’s entitlement unless the action fails to comply with the procedural requirements imposed by this title, the articles of incorporation, or the bylaws, or is fraudulent with respect to the member or shareholder or the corporation. The provisions of this section shall not apply to the members or shareholders of the surviving corporation in a merger if such corporation is on the date of the filing of the articles of merger the owner of all the outstanding shares of the other corporations, domestic or foreign, which are parties to the merger. The meeting notice for any meeting at which a proposed corporate action creating dissenters’ rights is submitted to a vote must state that members or shareholders are or may be entitled to assert dissenters’ rights and be accompanied by a copy of RCW 24.06.250. [2001 c 271 § 13; 1969 ex.s. c 120 § 49.] 24.06.250 Exercise of right of dissent—Rights and liabilities. Any member or shareholder electing to exercise such right of dissent shall file with the corporation, prior to or at the meeting of members and shareholders at which such proposed corporate action is submitted to a vote, a written objection to such proposed corporate action. If such proposed corporate action be approved by the required vote and such member or shareholder shall not have voted in favor thereof, such member or shareholder may, within ten days after the date on which the vote was taken, make written demand on the corporation, or, in the case of a merger or consolidation, on the surviving or new corporation, domestic or foreign, for payment of the fair value of such member’s membership or of such shareholder’s shares, and, if such proposed corporate action is effected, such corporation shall pay to such member, upon surrender of his or her membership certificate, if any, or to such shareholder, upon surrender of the certificate or certificates representing such shares, the fair value thereof as of the day prior to the date on which the vote was taken approving the proposed corporate action, excluding any appreciation or depreciation in anticipation of such corporate action. Any member or shareholder failing to make demand within the ten day period shall be bound by the terms of the proposed corporate action. Any member or shareholder making such demand shall thereafter be entitled only to payment as in this section provided and shall not be entitled to vote or to exercise any other rights of a member or shareholder. No such demand shall be withdrawn unless the corporation shall consent thereto. The right of such member or shareholder to be paid the fair value of his or her membership or shares shall cease and his or her status as a member or shareholder shall be restored, without prejudice to any corporate proceedings which may have been taken during the interim, if: (1) Such demand shall be withdrawn upon consent; or (2) The proposed corporate action shall be abandoned or rescinded or the members or shareholders shall revoke the authority to effect such action; or 24.06.250 [Title 24 RCW—page 43] 24.06.250 Title 24 RCW: Corporations and Associations (Nonprofit) (3) In the case of a merger, on the date of the filing of the articles of merger the surviving corporation is the owner of all the outstanding shares of the other corporations, domestic and foreign, that are parties to the merger; or (4) A court of competent jurisdiction shall determine that such member or shareholder is not entitled to the relief provided by this section. Within ten days after such corporate action is effected, the corporation, or, in the case of a merger or consolidation, the surviving or new corporation, domestic or foreign, shall give written notice thereof to each dissenting member or shareholder who has made demand as herein provided, and shall make a written offer to each such member or shareholder to pay for such shares or membership at a specified price deemed by such corporation to be the fair value thereof. Except in cases where the fair value payable to dissenters is fixed in the articles of incorporation or pursuant to RCW 24.06.255, such notice and offer shall be accompanied by a balance sheet of the corporation in which the member holds his or her membership or the dissenting shareholder holds shares, as of the latest available date and not more than twelve months prior to the making of such offer, and a profit and loss statement of such corporation for the twelve months’ period ended on the date of such balance sheet. If the fair value payable to dissenting members or shareholders is fixed in the articles of incorporation or pursuant to RCW 24.06.255, or if within thirty days after the date on which such corporate action was effected the fair value of such shares or membership is agreed upon between any such dissenting member or shareholder and the corporation, payment therefor shall be made within ninety days after the date on which such corporate action was effected, upon surrender of the membership certificate, if any, or upon surrender of the certificate or certificates representing such shares. Upon payment of the agreed value the dissenting member or shareholder shall cease to have any interest in such membership or shares. If the fair value payable to dissenting members or shareholders is not fixed in the articles of incorporation or pursuant to RCW 24.06.025, and within such period of thirty days a dissenting member or shareholder and the corporation do not so agree, then the dissenting member or shareholder shall be entitled to make written demand to the corporation, within sixty days after the date on which such corporate action was effected, requesting that the corporation petition for a determination of the fair value by a court. If such a demand is not timely made on the corporation, the right of such member or shareholder to demand to be paid the fair value of his or her membership or shares shall be forfeited. Within thirty days after receipt of such a written demand from any dissenting member or shareholder, the corporation shall, or at its election at any time within ninety days after the date on which such corporate action was effected may, file a petition in any court of competent jurisdiction in the county in this state where the registered office of the corporation is located praying that the fair value of such membership or shares be found and determined. If, in the case of a merger or consolidation, the surviving or new corporation is a foreign corporation without a registered office in this state, such petition shall be filed in the county where the registered office of the domestic corporation was last located. If the corporation shall fail to [Title 24 RCW—page 44] institute the proceeding as herein provided, any dissenting member or shareholder may do so in the name of the corporation. All dissenting members and shareholders, wherever residing, shall be made parties to the proceeding as an action against their memberships or shares quasi in rem. A copy of the petition shall be served on each dissenting member and shareholder who is a resident of this state and shall be served by registered or certified mail on each dissenting member or shareholder who is a nonresident. Service on nonresidents shall also be made by publication as provided by law. The jurisdiction of the court shall be plenary and exclusive. All members and shareholders who are parties to the proceeding shall be entitled to judgment against the corporation for the amount of the fair value of their shares. The court may, if it so elects, appoint one or more persons as appraisers to receive evidence and recommend a decision on the question of fair value. The appraisers shall have such power and authority as shall be specified in the order of their appointment or an amendment thereof. The judgment shall be payable only upon and concurrently with the surrender to the corporation of the membership certificate, if any, or of the certificate or certificates representing such shares. Upon payment of the judgment, the dissenting shareholder or member shall cease to have any interest in such shares or membership. The judgment shall include an allowance for interest at such rate as the court may find to be fair and equitable in all the circumstances, from the date on which the vote was taken on the proposed corporate action to the date of payment. The costs and expenses of any such proceeding shall be determined by the court and shall be assessed against the corporation, but all or any part of such costs and expenses may be apportioned and assessed as the court may deem equitable against any or all of the dissenting members and shareholders who are parties to the proceeding to whom the corporation shall have made an offer to pay for membership or shares if the court shall find that the action of such members or shareholders in failing to accept such offer was arbitrary or vexatious or not in good faith. Such expenses shall include reasonable compensation for and reasonable expenses of the appraisers, but shall exclude the fees and expenses of counsel for and experts employed by any party; but if the fair value of the memberships or shares as determined materially exceeds the amount which the corporation offered to pay therefor, or if no offer was made, the court in its discretion may award to any member or shareholder who is a party to the proceeding such sum as the court may determine to be reasonable compensation to any expert or experts employed by the member or shareholder in the proceeding. Within twenty days after demanding payment for his or her shares or membership, each member and shareholder demanding payment shall submit the certificate or certificates representing his or her membership or shares to the corporation for notation thereon that such demand has been made. His or her failure to do so shall, at the option of the corporation, terminate his or her rights under this section unless a court of competent jurisdiction, for good and sufficient cause shown, shall otherwise direct. If membership or shares represented by a certificate on which notation has been so made shall be transferred, each new certificate issued therefor shall bear a similar notation, together with the name of the original dissenting holder of such membership or shares, and a trans(2008 Ed.) Nonprofit Miscellaneous and Mutual Corporations Act feree of such membership or shares shall acquire by such transfer no rights in the corporation other than those which the original dissenting member or shareholder had after making demand for payment of the fair value thereof. [2001 c 271 § 14; 2000 c 167 § 11; 1969 ex.s. c 120 § 50.] 24.06.255 24.06.255 Payment of fair value to dissenting member or shareholder. Notwithstanding any provision in this chapter for the payment of fair value to a dissenting member or shareholder, (1) the articles of incorporation may provide that a dissenting member or shareholder shall be limited to a return of a lesser amount, but in no event shall a dissenting member or shareholder be limited to a return of less than the consideration paid to the corporation for the membership or shares which he or she holds unless the fair value of the membership or shares is less than the consideration paid to the corporation, and (2) the fair value payable to a dissenting member of a consumer cooperative shall be a fixed amount equal to the consideration paid to the corporation for the member’s current membership unless the articles of incorporation expressly provide for a greater or lesser amount. [2001 c 271 § 15; 1969 ex.s. c 120 § 51.] 24.06.260 24.06.260 Voluntary dissolution. A corporation may dissolve and wind up its affairs in the following manner: (1) The board of directors shall adopt a resolution recommending that the corporation be dissolved, and directing that the question of such dissolution be submitted to a vote at a meeting of members and shareholders which may be either an annual or a special meeting. (2) Written or printed notice or, if specifically permitted by the articles of incorporation or bylaws of the corporation, notice by electronic transmission, stating that the purpose or one of the purposes of such meeting is to consider the advisability of dissolving the corporation shall be given to each member and shareholder within the time and in the manner provided in this chapter for the giving of notice of meetings of members and shareholders. (3) A resolution to dissolve the corporation shall be adopted upon receiving at least two-thirds of the votes which members and shareholders present in person or by mail or by electronic transmission at such meeting or represented by proxy are entitled to cast. Upon the adoption of such resolution by the members and shareholders, the corporation shall cease to conduct its affairs and, except insofar as may be necessary for the winding up thereof, shall immediately cause a notice of the proposed dissolution to be mailed to each known creditor of the corporation and to the department of revenue, and shall proceed to collect its assets and to apply and distribute them as provided in RCW 24.06.265. [2000 c 167 § 12; 1982 c 35 § 137; 1969 ex.s. c 120 § 52.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.265 24.06.265 Distribution of assets. The assets of a corporation in the process of dissolution shall be applied and distributed as follows: (2008 Ed.) 24.06.275 (1) All liabilities and obligations of the corporation shall be paid, satisfied and discharged, or adequate provision made therefor; (2) Assets held by the corporation upon condition requiring return, transfer or conveyance, which condition occurs by reason of the dissolution, shall be returned, transferred, or conveyed in accordance with such requirements; (3) Remaining assets, if any shall be distributed to the members, shareholders or others in accordance with the provisions of the articles of incorporation. [1969 ex.s. c 120 § 53.] 24.06.270 Revocation of voluntary dissolution proceedings. A corporation may, at any time prior to the issuance of a certificate of dissolution by the secretary of state, revoke the action theretofore taken to dissolve the corporation, in the following manner: (1) The board of directors shall adopt a resolution recommending that the voluntary dissolution proceedings be revoked, and directing that the question of such revocation be submitted to a vote at a meeting of members or shareholders which may be either an annual or a special meeting. (2) Written or printed notice or, if specifically permitted by the articles of incorporation or bylaws of the corporation, notice by electronic transmission, stating that the purpose or one of the purposes of the meeting is to consider the advisability of revoking the voluntary dissolution proceedings shall be given to each member and shareholder within the time and in the manner provided in this chapter for the giving of notice of meetings of members or shareholders. (3) A resolution to revoke voluntary dissolution proceedings shall be adopted upon receiving at least two-thirds of the votes which members and shareholders present in person or by mail or by electronic transmission at such meeting or represented by proxy are entitled to cast. [2000 c 167 § 13; 1969 ex.s. c 120 § 54.] 24.06.270 24.06.275 Articles of dissolution. If voluntary dissolution proceedings have not been revoked, then after all debts, liabilities and obligations of the corporation shall have been paid and discharged, or adequate provision shall have been made therefor, and all of the remaining property and assets of the corporation shall have been transferred, conveyed or distributed in accordance with the provisions of this chapter, articles of dissolution shall be executed in duplicate by the corporation, by an officer of the corporation; and such statement shall set forth: (1) The name of the corporation. (2) The date of the meeting of members or shareholders at which the resolution to dissolve was adopted, certifying that: (a) A quorum was present at such meeting; (b) Such resolution received at least two-thirds of the votes which members and shareholders present in person or by mail or by electronic transmission at such meeting or represented by proxy were entitled to cast or was adopted by a consent in writing signed by all members and shareholders; (c) All debts, obligations, and liabilities of the corporation have been paid and discharged or that adequate provision has been made therefor; 24.06.275 [Title 24 RCW—page 45] 24.06.280 Title 24 RCW: Corporations and Associations (Nonprofit) (d) All the remaining property and assets of the corporation have been transferred, conveyed or distributed in accordance with the provisions of this chapter; (e) There are no suits pending against the corporation in any court or, if any suits are pending against it, that adequate provision has been made for the satisfaction of any judgment, order or decree which may be entered; and (f) A copy of a revenue clearance certificate issued pursuant to chapter 82.32 RCW. [2000 c 167 § 14; 1993 c 356 § 17; 1982 c 35 § 138; 1969 ex.s. c 120 § 55.] Effective date—1993 c 356: See note following RCW 24.03.046. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.280 Filing of articles of dissolution. Duplicate originals of articles of dissolution shall be delivered to the secretary of state. If the secretary of state finds that such articles of dissolution conform to law, he or she shall, when all requirements have been met as prescribed in this chapter: (1) Endorse on each of such originals the word "filed", and the effective date of the filing thereof. (2) File one of the originals in his or her office. (3) Issue a certificate of dissolution which he or she shall affix to one of such originals. The certificate of dissolution, together with the original of the articles of dissolution affixed thereto by the secretary of state, shall be returned to the representative of the dissolved corporation and shall be retained with the corporation minutes. Upon the filing of the articles of dissolution, the corporate existence shall cease, except for the purpose of determining such suits, other proceedings and appropriate corporate action by members, directors and officers as are authorized in this chapter. [1982 c 35 § 139; 1981 c 302 § 9; 1969 ex.s. c 120 § 56.] 24.06.280 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. Severability—1981 c 302: See note following RCW 19.76.100. 24.06.285 Involuntary dissolution. A corporation may be dissolved by decree of the superior court in an action filed on petition of the attorney general upon a showing that: (1) The corporation procured its articles of incorporation through fraud; or (2) The corporation has continued to exceed or abuse the authority conferred upon it by law. [1982 c 35 § 140; 1969 ex.s. c 120 § 57.] 24.06.285 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.290 Proceedings for involuntary dissolution— Rights, duties, and remedies—Penalties—Fee set by rule. Failure of the corporation to file its annual report within the time required shall not derogate from the rights of its creditors, or prevent the corporation from being sued and from defending lawsuits, nor shall it release the corporation from any of the duties or liabilities of a corporation under law. A corporation shall be dissolved by the secretary of state upon the conditions prescribed in this section when the corporation: 24.06.290 [Title 24 RCW—page 46] (1) Has failed to file or complete its annual report within the time required by law; (2) Has failed for thirty days to appoint or maintain a registered agent in this state; or (3) Has failed for thirty days, after change of its registered agent or registered office, to file in the office of the secretary of state a statement of such change. A corporation shall not be dissolved under this section unless the secretary of state has given the corporation not less than sixty days’ notice of its delinquency or omission, by first-class mail, postage prepaid, addressed to the registered office, or, if there is no registered office, to the last known address of any officer or director as shown by the records of the secretary of state, and unless the corporation has failed to correct the omission or delinquency before expiration of the sixty-day period. When a corporation has given cause for dissolution under this section, and has failed to correct the delinquency or omission as provided in this section, the secretary of state shall dissolve the corporation by issuing a certificate of involuntary dissolution containing a statement that the corporation has been dissolved and the date and reason for which it was dissolved. The original certificate of involuntary dissolution shall be filed in the records of the secretary of state, and a copy of the certificate shall forthwith be mailed to the corporation at its registered office or, if there is no registered office, to the last known address of the corporation or any officer, director, or incorporator of the corporation, as shown by the records of the secretary of state. Upon the filing of the certificate of involuntary dissolution, the existence of the corporation shall cease, except as otherwise provided in this chapter, and its name shall be available to and may be adopted by another corporation after the dissolution. A corporation which has been dissolved by operation of this section may be reinstated within a period of three years following its dissolution if it completes and files a current annual report for the current reinstatement year or it appoints or maintains a registered agent, or files a required statement of change of registered agent or registered office and in addition pays the reinstatement fee as set by rule by the secretary of state, plus the full amount of all annual fees that would have been assessed for the years of administrative dissolution had the corporation been in active status, including the reinstatement year plus any penalties as established by rule by the secretary of state. If during the period of dissolution another person or corporation has reserved or adopted a corporate name which is identical or deceptively similar to the dissolved corporation’s name, the dissolved corporation seeking reinstatement shall be required to adopt another name consistent with the requirements of this chapter and to amend its articles accordingly. When a corporation has been dissolved by operation of this section, remedies available to or against it shall survive in the manner provided by RCW 24.06.335 and thereafter the directors of the corporation shall hold title to the property of the corporation as trustees for the benefit of its creditors and shareholders. [1994 c 287 § 10; 1993 c 356 § 18; 1982 c 35 § 141; 1973 c 70 § 1; 1969 ex.s. c 120 § 58.] Effective date—1993 c 356: See note following RCW 24.03.046. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. (2008 Ed.) Nonprofit Miscellaneous and Mutual Corporations Act 24.06.293 Administrative dissolution or revocation of a certificate of authority—Corporation name not distinguishable from name of governmental entity—Application by governmental entity. RCW 23B.14.203 applies to this chapter. [1997 c 12 § 3.] 24.06.293 24.06.295 Venue and process. Every action for the involuntary dissolution of a corporation shall be commenced by the attorney general either in the superior court of the county in which the registered office of the corporation is situated, or in the superior court of Thurston county. Summons shall issue and be served as in other civil actions. If process is returned not found, the attorney general shall cause publication to be made as in other civil cases in a newspaper published in the county where the registered office of the corporation is situated, notifying the corporation of the pendency of such action, the title of the court, the title of the action, the date on or after which default may be entered, giving the corporation thirty days within which to appear, answer, and defend. The attorney general may include in one notice the names of any number of corporations against which actions are then pending in the same court. The attorney general shall cause a copy of such notice to be mailed by certified mail to the corporation at its registered office within ten days after the first publication thereof. The certificate of the attorney general of the mailing of such notice shall be prima facie evidence thereof. Such notice shall be published at least once each week for two successive weeks, and the first publication thereof may begin at any time after the summons has been returned not found. Unless a corporation shall have been personally served with summons, no default shall be taken against it less than thirty days from the first publication of such notice. [1969 ex.s. c 120 § 59.] 24.06.295 24.06.300 Jurisdiction of court to liquidate assets and dissolve corporation. The superior court shall have full power to liquidate the assets and to provide for the dissolution of a corporation when: (1) In any action by a member, shareholder or director it is made to appear that: (a) The directors are deadlocked in the management of the corporate affairs and that irreparable injury to the corporation is being suffered or is threatened by reason thereof, and that the members or shareholders are unable to break the deadlock; or (b) The acts of the directors or those in control of the corporation are illegal, oppressive, or fraudulent; or (c) The corporate assets are being misapplied or wasted; or (d) The corporation is unable to carry out its purposes; or (e) The shareholders have failed, for a period which includes at least two consecutive annual meeting dates, to elect successors to directors whose terms have expired or would have expired upon the election of their successors. (2) In an action by a creditor: (a) The claim of the creditor has been reduced to judgment and an execution thereon has been returned unsatisfied, and it is established that the corporation is insolvent; or (b) The corporation has admitted in writing that the claim of the creditor is due and owing, and it is established that the corporation is insolvent. 24.06.300 (2008 Ed.) 24.06.310 (3) A corporation applies to have its dissolution continued under the supervision of the court. (4) An action has been filed by the attorney general to dissolve the corporation and it is established that liquidation of its affairs should precede the entry of a decree of dissolution. Proceedings under subsections (1), (2) or (3) of this section shall be brought in the county in which the registered office or the principal office of the corporation is situated. It shall not be necessary to make directors, members or shareholders party to any such action or proceedings unless relief is sought against them personally. [1969 ex.s. c 120 § 60.] 24.06.305 Procedure in liquidation of corporation in court. (1) In proceedings to liquidate the assets and affairs of a corporation the court shall have the power to: (a) Issue injunctions; (b) Appoint a receiver or receivers pendente lite, with such powers and duties as the court may, from time to time, direct; (c) Take such other proceedings as may be requisite to preserve the corporate assets wherever situated; and (d) Carry on the affairs of the corporation until a full hearing can be had. After a hearing had upon such notice as the court may direct to be given to all parties to the proceedings, and to any other parties in interest designated by the court, the court may appoint a receiver. (2) The assets of the corporation or the proceeds resulting from the sale, conveyance, or other disposition thereof shall be applied and distributed as follows: (a) All costs and expenses of the court proceedings, and all liabilities and obligations of the corporation shall be paid, satisfied and discharged, or adequate provision made therefor; (b) Assets held by the corporation upon condition requiring return, transfer, or conveyance, which condition occurs by reason of the dissolution or liquidation, shall be returned, transferred, or conveyed in accordance with such requirements; (c) Remaining assets, if any, shall be distributed to the members, shareholders, or others in accordance with the provisions of the articles of incorporation. (3) The court shall have power to make periodic allowances, as expenses of the liquidation and compensation to the receivers and attorneys in the proceeding accrue, and to direct the payment thereof from the assets of the corporation or from the proceeds of any sale or disposition of such assets. [2004 c 165 § 41; 1969 ex.s. c 120 § 61.] 24.06.305 Purpose—Captions not law—2004 c 165: See notes following RCW 7.60.005. 24.06.310 Qualifications of receivers—Bond. A receiver shall in all cases be a citizen of the United States or a corporation for profit authorized to act as receiver, which corporation may be a domestic corporation or a foreign corporation authorized to transact business in this state, and shall in all cases give such bond as the court may direct with such sureties as the court may require. [1969 ex.s. c 120 § 62.] 24.06.310 [Title 24 RCW—page 47] 24.06.315 Title 24 RCW: Corporations and Associations (Nonprofit) 24.06.315 Filing of claims in liquidation proceedings. In proceedings to liquidate the assets and affairs of a corporation the court may require all creditors of the corporation to file with the clerk of the court or with the receiver, in such form as the court may prescribe, proofs under oath of their respective claims. If the court requires the filing of claims it shall fix a date, which shall be not less than four months from the date of the order, as the last day for the filing of claims, and shall prescribe the notice that shall be given to creditors and claimants of the date so fixed. Prior to the date so fixed, the court may extend the time for the filing of claims. Creditors and claimants failing to file proofs of claim on or before the date so fixed may be barred, by order of court, from participating in the distribution of the assets of the corporation. [1969 ex.s. c 120 § 63.] 24.06.315 24.06.320 Discontinuance of liquidation proceedings. The liquidation of the assets and affairs of a corporation may be discontinued at any time during the liquidation proceedings when it is established that cause for liquidation no longer exists. In such event the court shall dismiss the proceedings and direct the receiver to redeliver to the corporation all its remaining property and assets. [1969 ex.s. c 120 § 64.] 24.06.320 24.06.325 Decree of involuntary dissolution. In proceedings to liquidate the assets and affairs of a corporation, when the costs and expenses of such proceedings and all debts, obligations, and liabilities of the corporation shall have been paid and discharged and all of its remaining property and assets distributed in accordance with the provisions of this chapter, or in case its property and assets are not sufficient to satisfy and discharge such costs, expenses, debts, and obligations, and all the property and assets have been applied so far as they will go to their payment, the court shall enter a decree dissolving the corporation, whereupon the corporate existence shall cease. [1969 ex.s. c 120 § 65.] 24.06.325 24.06.330 Filing of decree of dissolution. In case the court shall enter a decree dissolving a corporation, it shall be the duty of the court clerk to cause a certified copy of the decree to be filed with the secretary of state. No fee shall be charged by the secretary of state for the filing thereof. [1969 ex.s. c 120 § 66.] 24.06.330 24.06.335 Survival of remedies after dissolution. The dissolution of a corporation whether (1) by the filing and issuance of a certificate of dissolution, voluntary or involuntary, by the secretary of state, or (2) by a decree of court when the court has not liquidated the assets and affairs of the corporation as provided in this chapter, or (3) by expiration of its period of duration, shall not take away or impair any remedy available to or against such corporation, its directors, officers, members, or shareholders, for any right or claim existing, or any liability incurred, prior to such dissolution if action or other proceeding thereon is commenced within two years from the date of dissolution. Any such action or proceeding by or against the corporation may be prosecuted or defended by the corporation in its corporate name and capacity. The members, shareholders, directors, and officers shall have power to take such corporate or other action as shall be 24.06.335 [Title 24 RCW—page 48] appropriate to protect any remedy, right, or claim. If the corporation was dissolved by the expiration of its period of duration, such corporation may amend its articles of incorporation at any time during the two years following dissolution, in order to extend its period of duration. If, during the period of dissolution, another person or corporation has reserved or adopted a corporate name which is identical to or deceptively similar to the dissolved corporation’s name, the corporation extending its period of duration shall be required to adopt another name consistent with the requirements of this chapter and to amend its articles of incorporation accordingly. The corporation shall also pay to the state all fees and penalties which would otherwise have been due if the corporate charter had not expired, plus a reinstatement fee of twenty-five dollars. [1982 c 35 § 142; 1969 ex.s. c 120 § 67.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.340 Admission of foreign corporation. (1) No foreign corporation shall have the right to conduct affairs in this state until it shall have procured a certificate of authority from the secretary of state to do so. No foreign corporation shall be entitled to procure a certificate of authority under this chapter to conduct in this state any affairs which a corporation organized under this chapter is not permitted to conduct: PROVIDED, That no foreign corporation shall be denied a certificate of authority by reason of the fact that the laws of the state or country under which such corporation is organized governing its organization and internal affairs differ from the laws of this state: PROVIDED FURTHER, That nothing in this chapter contained shall be construed to authorize this state to regulate the organization or the internal affairs of such corporation. (2) Without excluding other activities not constituting the conduct of affairs in this state, a foreign corporation shall, for purposes of this chapter, not be considered to be conducting affairs in this state by reason of carrying on in this state any one or more of the following activities: (a) Maintaining or defending any action or suit or any administrative or arbitration proceeding, or effecting the settlement thereof, or the settlement of claims or disputes. (b) Holding meetings of its directors, members, or shareholders, or carrying on other activities concerning its internal affairs. (c) Maintaining bank accounts. (d) Creating evidences of debt, mortgages or liens on real or personal property. (e) Securing or collecting debts due to it or enforcing any rights in property securing the same. [1969 ex.s. c 120 § 68.] 24.06.340 24.06.345 Powers and duties, etc., of foreign corporation. A foreign corporation which shall have received a certificate of authority under this chapter shall, until a certificate of revocation or of withdrawal shall have been issued as provided in this chapter, enjoy the same but no greater rights and privileges as a domestic corporation organized for the purposes set forth in the application pursuant to which such certificate of authorization is issued, and shall be subject to the same duties, restrictions, penalties and liabilities now or hereafter imposed upon a domestic corporation of like character. [1969 ex.s. c 120 § 69.] 24.06.345 (2008 Ed.) Nonprofit Miscellaneous and Mutual Corporations Act 24.06.350 Corporate name of foreign corporation. No certificate of authority shall be issued to a foreign corporation unless the corporate name of such corporation complies with the provisions of RCW 24.06.045. However, a foreign corporation applying for a certificate of authority may file with the secretary of state a resolution of its board of directors adopting a fictitious name for use in transacting business in this state, if the fictitious name complies with RCW 24.06.045. [1982 c 35 § 143; 1969 ex.s. c 120 § 70.] 24.06.350 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. Registration of corporate name: RCW 24.06.047. Reservation of exclusive right to use corporate name: RCW 24.06.046. 24.06.355 Change of name by foreign corporation. Whenever a foreign corporation which is authorized to conduct affairs in this state shall change its name to one under which a certificate of authority would not be granted to it on application therefor, the certificate of authority of such corporation shall be suspended and it shall not thereafter conduct any affairs in this state until it has changed its name to a name which is available to it under the laws of this state. [1969 ex.s. c 120 § 71.] 24.06.355 24.06.360 Certificate of authority—Application for, contents. A foreign corporation, in order to procure a certificate of authority to conduct affairs in this state, shall make application therefor to the secretary of state, which application shall set forth: (1) The name of the corporation and the state or country under the laws of which it is incorporated. (2) The date of incorporation and the period of duration of the corporation. (3) The address of the principal office of the corporation in the state or country under the laws of which it is incorporated. (4) The address of the proposed registered office of the corporation in this state, and the name of its proposed registered agent in this state at such address. (5) For the purpose or purposes of the corporation which it proposes to pursue in conducting its affairs in this state. (6) The names and respective addresses of the directors and officers of the corporation. (7) Such additional information as may be necessary or appropriate in order to enable the secretary of state to determine whether such corporation is entitled to a certificate of authority to conduct affairs in this state. [1989 c 307 § 38; 1982 c 45 § 2; 1969 ex.s. c 120 § 72.] 24.06.360 Legislative finding—1989 c 307: See note following RCW 23.86.007. Application—1989 c 307: See RCW 23.86.900. 24.06.365 Filing of application for certificate of authority—Issuance. Duplicate originals of the application of the corporation for a certificate of authority shall be delivered to the secretary of state together with a certificate of good standing which has been issued within the previous sixty days and certified to by the proper officer of the state or county under the laws of which it is incorporated. 24.06.365 (2008 Ed.) 24.06.375 If the secretary of state finds that such application conforms to law, he or she shall, when all fees have been paid as prescribed in this chapter: (1) Endorse on each of such documents the word "filed", and the effective date thereof. (2) File in his or her office one of such duplicate originals of the application and the copy of the articles of incorporation and amendments thereto. (3) Issue a certificate of authority to conduct affairs in this state to which the other duplicate original application shall be affixed. The certificate of authority, together with the duplicate original of the application affixed thereto by the secretary of state, shall be returned to the corporation or its representative. [1982 c 35 § 144; 1969 ex.s. c 120 § 73.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.367 Certificate of authority as insurance company—Filing of documents. For those corporations that have a certificate of authority, are applying for, or intend to apply for a certificate of authority from the insurance commissioner as an insurance company under chapter 48.05 RCW, whenever under this chapter corporate documents are required to be filed with the secretary of state, the documents shall be filed with the insurance commissioner rather than the secretary of state. [1998 c 23 § 14.] 24.06.367 24.06.369 Certificate of authority as insurance company—Registration or reservation of name. For those corporations that intend to apply for a certificate of authority from the insurance commissioner as an insurance company under chapter 48.05 RCW, whenever under this chapter a corporation may register or reserve a corporate name, the registration or reservation shall be filed with the insurance commissioner rather than the secretary of state. The secretary of state and insurance commissioner shall cooperate with each other in registering or reserving a corporate name so that there is no duplication of the name. [1998 c 23 § 15.] 24.06.369 24.06.370 Effect of filing application for certificate of authority. Upon the filing of the application for certificate of authority by the secretary of state, the corporation shall be authorized to conduct affairs in this state for those purposes set forth in its application: PROVIDED, That the state may suspend or revoke such authority as provided in this chapter for revocation and suspension of domestic corporation franchises. [1982 c 35 § 145; 1969 ex.s. c 120 § 74.] 24.06.370 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.375 Registered office and registered agent of foreign corporation. Every foreign corporation authorized to conduct affairs in this state shall have and continuously maintain in this state: (1) A registered office which may but need not be the same as its principal office. (2) A registered agent, who may be: (a) An individual resident of this state whose business office is identical with the registered office; or 24.06.375 [Title 24 RCW—page 49] 24.06.380 Title 24 RCW: Corporations and Associations (Nonprofit) (b) A domestic corporation organized under any law of this state; or (c) A foreign corporation authorized under any law of this state to transact business or conduct affairs in this state, having an office identical with the registered office. [1969 ex.s. c 120 § 75.] 24.06.380 Change of registered office or registered agent of foreign corporation. A foreign corporation authorized to conduct affairs in this state may change its registered office or change its registered agent, or both, upon filing in the office of the secretary of state in a form approved by the secretary of state a statement setting forth: (1) The name of the corporation. (2) If the address of the current registered office is to be changed, such new address. (3) If the current registered agent is to be changed, the name of the new registered agent. (4) That the address of its registered office and the address of the office of its registered agent, as changed, will be identical. Such statement shall be executed by the corporation, by an officer of the corporation, and delivered to the secretary of state, together with a written consent of the registered agent to his or its appointment, if applicable. If the secretary of state finds that such statement conforms to the provisions of this chapter, he or she shall file such statement in his or her office, and upon such filing the change of address of the registered office, or the appointment of a new registered agent, or both, as the case may be, shall become effective. If a registered agent changes his or her business address to another place within the state, the registered agent may change such address and the address of the registered office of any corporation of which the registered agent is registered agent by filing a statement as required by this section, except that it need be signed only by the registered agent, it need not be responsive to subsection (3) of this section, and it shall recite that a copy of the statement has been mailed to the corporation. [1993 c 356 § 19; 1982 c 35 § 146; 1969 ex.s. c 120 § 76.] 24.06.380 Effective date—1993 c 356: See note following RCW 24.03.046. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.385 Resignation of registered agent. Any registered agent in this state appointed by a foreign corporation may resign as such agent upon filing a written notice thereof, executed in duplicate, with the secretary of state, who shall forthwith mail a copy thereof to the foreign corporation at its principal office in the state or country under the laws of which it is incorporated as shown by its most recent annual report. The appointment of such agent shall terminate upon the expiration of thirty days after receipt of such notice by the secretary of state. [1969 ex.s. c 120 § 77.] 24.06.385 24.06.390 Service of process upon registered agent. The registered agent so appointed by a foreign corporation authorized to conduct affairs in this state shall be an agent of such corporation upon whom any process, notice or demand 24.06.390 [Title 24 RCW—page 50] required or permitted by law to be served upon the corporation may be served. [1969 ex.s. c 120 § 78.] 24.06.395 Service of process upon secretary of state. Whenever a foreign corporation authorized to conduct affairs in this state shall fail to appoint or maintain a registered agent in this state, or whenever any such registered agent cannot with reasonable diligence be found at the registered office, or whenever the certificate of authority of a foreign corporation shall be suspended or revoked, then the secretary of state shall be an agent of such corporation upon whom any such process, notice, or demand may be served. Service on the secretary of state of any such process, notice, or demand shall be made by delivering to and leaving with the secretary of state, or with any duly authorized clerk of the corporation department of the secretary of state’s office, duplicate copies of such process, notice or demand. In the event any such process, notice or demand is served on the secretary of state, the secretary of state shall immediately cause one of such copies thereof to be forwarded by certified mail, addressed to the corporation at its principal office in the state or country under the laws of which it is incorporated. Any service so had on the secretary of state shall be returnable in not less than thirty days. The secretary of state shall keep a record of all processes, notices and demands served upon the secretary of state under this action, and shall record therein the time of such service and his or her action with reference thereto: PROVIDED, That nothing contained in this section shall limit or affect the right to serve any process, notice or demand, required or permitted by law to be served upon a corporation in any other manner now or hereafter permitted by law. [1982 c 35 § 147; 1969 ex.s. c 120 § 79.] 24.06.395 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.400 Amendment to articles of incorporation of foreign corporation. Whenever the articles of incorporation of a foreign corporation authorized to conduct affairs in this state are amended, such foreign corporation shall, within thirty days after such amendment becomes effective, file in the office of the secretary of state a copy of such amendment duly authenticated by the proper officer designated under the laws of the state or country in which it is incorporated: PROVIDED, That the filing thereof shall not of itself enlarge or alter the purpose or purposes for which such corporation is authorized to pursue in conducting its affairs in this state, nor authorize such corporation to conduct affairs in this state under any other name than the name set forth in its certificate of authority. [1969 ex.s. c 120 § 80.] 24.06.400 24.06.405 Merger of foreign corporation authorized to conduct affairs in this state. Whenever a foreign corporation authorized to conduct affairs in this state shall be a party to a statutory merger permitted by the laws of the state or country under which it is incorporated, and such corporation shall be the surviving corporation, it shall, within thirty days after such merger becomes effective, file with the secretary of state a copy of the articles of merger duly authenticated by the proper officer designated under the laws of the 24.06.405 (2008 Ed.) Nonprofit Miscellaneous and Mutual Corporations Act state or country in which such statutory merger was effected; and it shall not be necessary for such corporation to procure either a new or amended certificate of authority to conduct affairs in this state unless the name of such corporation be changed thereby or unless the corporation desires to pursue in this state other or additional purposes than those which it is then authorized to pursue in this state. [1969 ex.s. c 120 § 81.] 24.06.410 Amended certificate of authority. A foreign corporation authorized to conduct affairs in this state shall apply for an amended certificate of authority in the event that it wishes to change its corporate name, or desires to pursue in this state purposes other or additional to those set forth in its initial application for a certificate of authority. The requirements with respect to the form and content of such application, the manner of its execution, the filing, the issuance of an amended certificate of authority, and the effect thereof shall be the same as in the case of an original application for a certificate of authority. [1969 ex.s. c 120 § 82.] 24.06.410 24.06.415 Withdrawal of foreign corporation. A foreign corporation authorized to conduct affairs in this state may withdraw from this state upon procuring from the secretary of state a certificate of withdrawal. In order to procure such certificate of withdrawal, the foreign corporation shall deliver to the secretary of state an application for withdrawal, which shall set forth: (1) The name of the corporation and the state or country under whose laws it is incorporated. (2) A declaration that the corporation is not conducting affairs in this state. (3) A surrender of its authority to conduct affairs in this state. (4) A notice that the corporation revokes the authority of its registered agent in this state to accept service of process and consents that service of process in any action, suit or proceeding, based upon any cause of action arising in this state during the time the corporation was authorized to conduct affairs in this state, may thereafter be made upon such corporation by service thereof on the secretary of state. (5) A copy of the revenue clearance certificate issued pursuant to chapter 82.32 RCW. (6) A post office address to which the secretary of state may mail a copy of any process that may be served on the secretary of state as agent for the corporation. The application for withdrawal shall be made on forms prescribed and furnished by the secretary of state and shall be executed by the corporation, by one of the officers of the corporation, or, if the corporation is in the hands of a receiver or trustee, shall be executed on behalf of the corporation by such receiver or trustee. [1993 c 356 § 20; 1982 c 35 § 148; 1969 ex.s. c 120 § 83.] 24.06.415 Effective date—1993 c 356: See note following RCW 24.03.046. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.420 Filing of application for withdrawal—Issuance of certificate of withdrawal. Duplicate originals of an application for withdrawal shall be delivered to the secretary 24.06.420 (2008 Ed.) 24.06.425 of state. If the secretary of state finds that such application conforms to the provisions of this chapter, the secretary of state shall, when all requirements have been met as prescribed in this chapter: (1) Endorse on each of such duplicate originals the word "filed", and the effective date of the filing thereof. (2) File one of such duplicate originals. (3) Issue a certificate of withdrawal to which the other duplicate original shall be fixed. The certificate of withdrawal, together with the duplicate original of the application for withdrawal affixed thereto by the secretary of state, shall be returned to the corporation or its representative. Upon the filing of such application of withdrawal, the authority of the corporation to conduct affairs in this state shall cease. [1982 c 35 § 149; 1969 ex.s. c 120 § 84.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.425 Revocation of certificate of authority. (1) The certificate of authority of a foreign corporation to conduct affairs in this state may be revoked by the secretary of state upon the conditions prescribed in this section when: (a) The corporation has failed to file its annual report within the time required by this chapter or has failed to pay any fees or penalties prescribed by this chapter as they become due and payable; or (b) The corporation has failed for thirty days to appoint and maintain a registered agent in this state as required by this chapter; or (c) The corporation has failed, for thirty days after change of its registered agent or registered office, to file in the office of the secretary of state a statement of such change as required by this chapter; or (d) The corporation has failed to file in the office of the secretary of state any amendment to its articles of incorporation or any articles of merger within the time prescribed by this chapter; or (e) The certificate of authority of the corporation was procured through fraud practiced upon the state; or (f) The corporation has continued to exceed or abuse the authority conferred upon it by this chapter; or (g) A misrepresentation has been made as to any material matter in any application, report, affidavit, or other document, submitted by such corporation pursuant to this chapter. (2) No certificate of authority of a foreign corporation shall be revoked by the secretary of state unless the secretary of state shall have given the corporation not less than sixty days’ notice thereof by first-class mail addressed to its registered office in this state, or, if there is no registered office, to the last known address of any officer or director of the corporation as shown by the records of the secretary of state, and the corporation shall have failed prior to revocation to (a) file such annual report, (b) pay such fees or penalties, (c) file the required statement of change of registered agent or registered office, (d) file such articles of amendment or articles of merger, or (e) correct any delinquency, omission, or material misrepresentation in its application, report, affidavit, or other document. [1982 c 35 § 150; 1969 ex.s. c 120 § 85.] 24.06.425 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. [Title 24 RCW—page 51] 24.06.430 Title 24 RCW: Corporations and Associations (Nonprofit) 24.06.430 Issuance and filing of certificate of revocation—Effect. Upon revoking any certificate of authority under RCW 24.06.425, the secretary of state shall: (1) Issue a certificate of revocation in duplicate. (2) File one of such certificates. (3) Mail to such corporation at its registered office in this state a notice of such revocation accompanied by one of the two certificates of revocation. Upon filing of the certificate of revocation, the corporate authority to conduct affairs in this state shall cease. [1982 c 35 § 151; 1969 ex.s. c 120 § 86.] 24.06.430 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.433 Foreign corporations—Application for reinstatement. (1) A corporation revoked under RCW 24.06.425 may apply to the secretary of state for reinstatement within three years after the effective date of revocation. An application filed within such three-year period may be amended or supplemented and any such amendment or supplement shall be effective as of the date of original filing. The application filed under this section shall be filed under and by authority of an officer of the corporation. (2) The application shall: (a) State the name of the corporation and, if applicable, the name the corporation had elected to use in this state at the time of revocation, and the effective date of its revocation; (b) Provide an explanation to show that the grounds for revocation either did not exist or have been eliminated; (c) State the name of the corporation at the time of reinstatement and, if applicable, the name the corporation elects to use in this state at the time of reinstatement which may be reserved under RCW 24.06.046; (d) Appoint a registered agent and state the registered office address under RCW 24.06.375; and (e) Be accompanied by payment of applicable fees and penalties. (3) If the secretary of state determines that the application conforms to law, and that all applicable fees have been paid, the secretary of state shall cancel the certificate of revocation, prepare and file a certificate of reinstatement, and mail a copy of the certificate of reinstatement to the corporation. (4) Reinstatement under this section relates back to and takes effect as of the date of revocation. The corporate authority shall be deemed to have continued without interruption from that date. (5) In the event the application for reinstatement states a corporate name that the secretary of state finds to be contrary to the requirements of RCW 24.06.046, the application, amended application, or supplemental application shall be amended to adopt another corporate name that is in compliance with RCW 24.06.046. In the event the reinstatement application so adopts a new corporate name for use in Washington, the application for authority shall be deemed to have been amended to change the corporation’s name to the name so adopted for use in Washington, effective as of the effective date of the certificate of reinstatement. [1993 c 356 § 21.] 24.06.433 Effective date—1993 c 356: See note following RCW 24.03.046. [Title 24 RCW—page 52] 24.06.435 Conducting affairs without certificate of authority. No foreign corporation conducting affairs in this state without a certificate of authority shall be permitted to maintain any action, suit, or proceeding in any court of this state until such corporation shall have obtained a certificate of authority. Nor shall any action, suit or proceeding be maintained in any court of this state by any successor or assignee of such corporation on any right, claim, or demand arising out of the conduct of affairs by such corporation in this state until a certificate of authority shall have been obtained by the corporation or by a valid corporation which has (1) acquired all or substantially all of its assets and (2) assumed all of its liabilities: PROVIDED, That the failure of a foreign corporation to obtain a certificate of authority to conduct affairs in this state shall not impair the substantive validity of any contract or act of such corporation, and shall not prevent such corporation from defending any action, suit or proceeding in any court of this state under such terms and conditions as a court may find just. [1969 ex.s. c 120 § 87.] 24.06.435 24.06.440 Annual or biennial report of domestic and foreign corporations. Each domestic corporation, and each foreign corporation authorized to conduct affairs in this state, shall file, within the time prescribed by this chapter, an annual or biennial report, established by the secretary of state by rule, in the form prescribed by the secretary of state setting forth: (1) The name of the corporation and the state or country under whose laws it is incorporated. (2) The address of the registered office of the corporation in this state, including street and number, the name of its registered agent in this state at such address, and, in the case of a foreign corporation, the address of its principal office in the state or country under whose laws it is incorporated. (3) A brief statement of the character of the affairs in which the corporation is engaged, or, in the case of a foreign corporation, engaged in this state. (4) The names and respective addresses of the directors and officers of the corporation. (5) The corporation’s unified business identifier number. The information shall be given as of the date of the execution of the report. It shall be executed by the corporation by an officer of the corporation, or, if the corporation is in the hands of a receiver or trustee, it shall be executed on behalf of the corporation by such receiver or trustee. The secretary of state may by rule adopted under chapter 34.05 RCW provide that correction or updating of information appearing on previous annual or biennial filings is sufficient to constitute the current filing. [1993 c 356 § 22; 1982 c 35 § 152; 1969 ex.s. c 120 § 88.] 24.06.440 Effective date—1993 c 356: See note following RCW 24.03.046. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.445 Filing of annual or biennial report of domestic and foreign corporations. An annual or biennial report of each domestic or foreign corporation shall be delivered to the secretary of state between the first day of January and the first day of March of each year or on such annual or biennial renewal date as the secretary of state may establish. The secretary of state may adopt rules to establish biennial 24.06.445 (2008 Ed.) Nonprofit Miscellaneous and Mutual Corporations Act reporting dates and to stagger reporting dates. Proof to the satisfaction of the secretary of state that the report was deposited in the United States mails, in a sealed envelope, properly addressed to the secretary of state, with postage prepaid thereon, prior to the corporation’s annual or biennial renewal date, shall be deemed compliance with this requirement. If the secretary of state finds that a report substantially conforms to the requirements of this chapter, the secretary of state shall file the same. Failure of the secretary of state to mail any such notice shall not relieve a corporation from its obligation to file the annual reports required by this chapter. [1993 c 356 § 23; 1982 c 35 § 153; 1973 c 146 § 1; 1969 ex.s. c 120 § 89.] Effective date—1993 c 356: See note following RCW 24.03.046. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.450 Fees for filing documents and issuing certificates. (1) The secretary of state shall charge and collect for: (a) Filing articles of incorporation, thirty dollars. (b) Filing an annual report, ten dollars. (c) Filing an application of a foreign corporation for a certificate of authority to conduct affairs in this state, thirty dollars. (2) The secretary of state shall establish by rule, fees for the following: (a) Filing articles of amendment or restatement. (b) Filing articles of merger or consolidation. (c) Filing a statement of change of address of registered office or change of registered agent, or revocation, resignation, or any combination of these. A separate fee for filing such statement shall not be charged if the statement appears in an amendment to the articles of incorporation or in conjunction with the annual report. (d) Filing articles of dissolution, no fee. (e) Filing an application of a foreign corporation for an amended certificate of authority to conduct affairs in this state. (f) Filing a copy of an amendment to the articles of incorporation of a foreign corporation holding a certificate of authority to conduct affairs in this state. (g) Filing a copy of articles of merger of a foreign corporation holding a certificate of authority to conduct affairs in this state. (h) Filing an application for withdrawal of a foreign corporation and issuing a certificate of withdrawal, no fee. (i) Filing a certificate by a foreign corporation of the appointment of a registered agent. A separate fee for filing such certificate shall not be charged if the statement appears in an amendment to the articles of incorporation or in conjunction with the annual report. (j) Filing a certificate by a foreign corporation of the revocation of the appointment of a registered agent. A separate fee for filing such certificate shall not be charged if the statement appears in an amendment to the articles of incorporation or in conjunction with the annual report. (k) Filing an application to reserve a corporate name. (l) Filing a notice of transfer of a reserved corporate name. 24.06.450 (2008 Ed.) 24.06.465 (m) Filing any other statement or report of a domestic or foreign corporation. (3) Fees shall be adjusted by rule in an amount that does not exceed the average biennial increase in the cost of providing service. This shall be determined in a biennial cost study performed by the secretary. [1993 c 269 § 7; 1991 c 223 § 2; 1982 c 35 § 154; 1981 c 230 § 6; 1973 c 70 § 2; 1969 ex.s. c 120 § 90.] Effective date—1993 c 269: See note following RCW 23.86.070. Effective date—1991 c 223: See note following RCW 24.03.405. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.455 Miscellaneous fees. The secretary of state shall establish by rule, fees for the following: (1) For furnishing a certified copy of any charter document or any other document, instrument, or paper relating to a corporation; (2) For furnishing a certificate, under seal, attesting to the status of a corporation; or any other certificate; (3) For furnishing copies of any document, instrument, or paper relating to a corporation; and (4) At the time of any service of process on the secretary of state as resident agent of any corporation. This amount may be recovered as taxable costs by the party to the suit or action causing such service to be made if such party prevails in the suit or action. [1993 c 269 § 8; 1982 c 35 § 155; 1979 ex.s. c 133 § 3; 1973 c 70 § 3; 1969 ex.s. c 120 § 91.] 24.06.455 Effective date—1993 c 269: See note following RCW 23.86.070. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. Deposit of certain fees recovered under this section in secretary of state’s revolving fund: RCW 43.07.130. 24.06.460 Disposition of fees. Any money received by the secretary of state under the provisions of this chapter shall be deposited forthwith into the state treasury as provided by law. [1982 c 35 § 156; 1969 ex.s. c 120 § 92.] 24.06.460 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.462 Fees for services by secretary of state. See RCW 43.07.120. 24.06.462 24.06.465 Penalties imposed upon corporation— Penalty established by secretary of state. (1) Each corporation, domestic or foreign, which fails or refuses to file its annual report for any year within the time prescribed by this chapter shall be subject to a penalty as established and assessed by the secretary of state. (2) Each corporation, domestic or foreign, which fails or refuses to answer truthfully and fully within the time prescribed by this chapter any interrogatories propounded by the secretary of state in accordance with the provisions of this chapter, is guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed five hundred dollars on each count. [2003 c 53 § 165; 1994 c 287 § 11; 1969 ex.s. c 120 § 93.] 24.06.465 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. [Title 24 RCW—page 53] 24.06.470 Title 24 RCW: Corporations and Associations (Nonprofit) 24.06.470 Penalties imposed upon directors and officers. Each director and officer of a corporation, domestic or foreign, who fails or refuses within the time prescribed by this chapter, to answer truthfully and fully any interrogatories propounded to him by the secretary of state in accordance with the provisions of this chapter, or who signs any articles, statement, report, application, or other document filed with the secretary of state, which is known to such officer or director to be false in any material respect, shall be deemed to be guilty of a misdemeanor, and upon conviction thereof shall be fined in an amount not to exceed five hundred dollars on each count. [1969 ex.s. c 120 § 94.] 24.06.470 24.06.475 Interrogatories by secretary of state. The secretary of state may propound to any corporation, domestic or foreign, subject to the provisions of this chapter, and to any officer or director thereof such interrogatories as may be reasonably necessary and proper to enable the secretary of state to ascertain whether such corporation has complied with all of the provisions of this chapter applicable to such corporation. All such interrogatories shall be answered within thirty days after the mailing thereof, or within such additional time as shall be fixed by the secretary of state, and the answers thereto shall be full and complete, made in writing, and under oath. If such interrogatories are directed to an individual, they shall be answered personally by him, and if directed to the corporation they shall be answered by the president, a vice president, a secretary or any assistant secretary thereof. The secretary of state need not file any document to which such interrogatories relate until such interrogatories are answered as required by this section, and even not then if the answers thereto disclose that the document is not in conformity with the provisions of this chapter. The secretary of state shall certify to the attorney general, for such action as the attorney general may deem appropriate, all interrogatories and answers thereto which disclose a violation of any of the provisions of this chapter. [1982 c 35 § 157; 1969 ex.s. c 120 § 95.] 24.06.475 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.480 Confidential nature of information disclosed by interrogatories. Interrogatories propounded by the secretary of state and the answers thereto shall not be open to public inspection, nor shall the secretary of state disclose any facts or information obtained therefrom unless (1) his or her official duty may require that the same be made public, or (2) such interrogatories or the answers thereto are required for use in evidence in any criminal proceedings or other action by the state. [1982 c 35 § 158; 1969 ex.s. c 120 § 96.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. Power and authority of secretary of state: RCW 23B.01.210 and 23B.01.300. 24.06.490 24.06.490 Appeal from secretary of state’s actions. (1) If the secretary of state shall fail to approve any articles of incorporation, amendment, merger, consolidation, or dissolution, or any other document required by this chapter to be approved by the secretary of state before the same shall be filed in his or her office, the secretary of state shall, within ten days after the delivery of such document to him or her, give written notice of disapproval to the person or corporation, domestic or foreign, delivering the same, specifying the reasons therefor. The person or corporation may apply to the superior court of the county in which the registered office of such corporation is situated, or is proposed, in the document, by filing a petition with the clerk of such court setting forth a copy of the articles or other document tendered to the secretary of state, together with a copy of the written disapproval thereof by the secretary of state; whereupon the matter shall be tried to the court on all questions of fact and law; and the court shall either sustain or overrule the action of the secretary of state. (2) If the secretary of state shall revoke the certificate of authority to conduct affairs in this state of any foreign corporation, such foreign corporation may likewise apply to the superior court of the county where the registered office of such corporation in this state is situated, by filing with the clerk of such court a petition setting forth a copy of its certificate of authority to conduct affairs in this state and a copy of the notice of revocation given by the secretary of state; whereupon the matter shall be tried to the court on all questions of fact and law; and the court shall either sustain or overrule the action of the secretary of state. (3) Appeals from all final orders and judgments entered by the superior court under this section, in the review of any ruling or decision of the secretary of state may be taken as in other civil actions. [1982 c 35 § 160; 1969 ex.s. c 120 § 98.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.480 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.485 Power and authority of secretary of state. The secretary of state shall have all power and authority reasonably necessary for the efficient and effective administration of this chapter, including the adoption of rules under chapter 34.05 RCW. [1982 c 35 § 159; 1969 ex.s. c 120 § 97.] 24.06.485 [Title 24 RCW—page 54] 24.06.495 24.06.495 Certificates and certified copies to be received in evidence. All certificates issued by the secretary of state in accordance with the provisions of this chapter, and all copies of documents filed in the office of the secretary of state in accordance with the provisions of this chapter when certified by the secretary of state under the seal of the state, shall be taken and received in all courts, public offices, and official bodies as prima facie evidence of the facts therein stated. A certificate by the secretary of state under the seal of this state, as to the existence or nonexistence of the facts relating to corporations which would not appear from a certified copy of any of the foregoing documents or certificates, shall be taken and received in all courts, public offices, and official bodies as prima facie evidence of the existence or nonexistence of the facts therein stated. [1982 c 35 § 161; 1969 ex.s. c 120 § 99.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. (2008 Ed.) Nonprofit Miscellaneous and Mutual Corporations Act 24.06.500 24.06.500 Greater voting requirements. Whenever, with respect to any action to be taken by the members, shareholders or directors of a corporation, the articles of incorporation require the vote or concurrence of a greater proportion of the members, shareholders or directors, as the case may be, than required by this chapter with respect to such action, the provisions of the articles of incorporation shall control. [1969 ex.s. c 120 § 100.] 24.06.505 24.06.505 Waiver of notice. Whenever any notice is required to be given to any member, shareholder or director of a corporation under the provisions of this chapter or under the provisions of the articles of incorporation or bylaws of the corporation, a waiver thereof in writing signed by the person or persons entitled to such notice, whether made before or given after the time stated therein, shall be equivalent to the giving of such notice. [1969 ex.s. c 120 § 101.] 24.06.510 24.06.510 Action by members or directors without a meeting. Any action required by this chapter to be taken at a meeting of the members, shareholders or directors of a corporation, or any action which may be taken at a meeting of the members, shareholders or directors, may be taken without a meeting, if a consent in writing, setting forth the action so taken, is signed by all of the members and shareholders entitled to vote thereon, or by all of the directors, as the case may be, unless the articles or bylaws provide to the contrary. Such consent shall have the same force and effect as a unanimous vote, and may be stated as such in any articles or document filed with the secretary of state. [1969 ex.s. c 120 § 102.] 24.06.515 24.06.515 Unauthorized assumption of corporate powers. All persons who assume to act as a corporation without authority so to do shall be jointly and severally liable for all debts and liabilities incurred or arising as a result thereof. [1969 ex.s. c 120 § 103.] 24.06.520 24.06.520 Reinstatement and renewal of corporate existence—Fee. If the term of existence of a corporation which was organized under this chapter, or which has availed itself of the privileges thereby provided expires, such corporation shall have the right to renew within two years of the expiration of its term of existence. The corporation may renew the term of its existence for a definite period or perpetually and be reinstated under any name not then in use by or reserved for a domestic corporation organized under any act of this state or a foreign corporation authorized under any act of this state to transact business or conduct affairs in this state. To do so the directors, members and officers shall adopt amended articles of incorporation containing a certification that the purpose thereof is a reinstatement and renewal of the corporate existence. They shall proceed in accordance with the provisions of this chapter for the adoption and filing of amendments to articles of incorporation. Thereupon such corporation shall be reinstated and its corporate existence renewed as of the date on which its previous term of existence expired and all things done or omitted by it or by its officers, directors, agents and members before such reinstate(2008 Ed.) 24.06.610 ment shall be as valid and have the same legal effect as if its previous term of existence had not expired. A corporation reinstating under this section shall pay to the state all fees and penalties which would have been due if the corporate charter had not expired, plus a reinstatement fee established by the secretary of state by rule. [1993 c 269 § 9; 1982 c 35 § 162; 1969 ex.s. c 120 § 106.] Effective date—1993 c 269: See note following RCW 23.86.070. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.525 Reorganization of corporations or associations in accordance with this chapter. Any corporation or association organized under any other statute may be reorganized under the provisions of this chapter by adopting and filing amendments to its articles of incorporation in accordance with the provisions of this chapter for amending articles of incorporation. The articles of incorporation as amended must conform to the requirements of this chapter, and shall state that the corporation accepts the benefits and will be bound by the provisions of this chapter. [1969 ex.s. c 120 § 107.] 24.06.525 24.06.600 Locally regulated utilities—Attachments to poles. (1) As used in this section: (a) "Attachment" means the affixation or installation of any wire, cable or other physical material capable of carrying electronic impulses or light waves for the carrying of intelligence for telecommunications or television, including, but not limited to cable, and any related device, apparatus, or auxiliary equipment upon any pole owned or controlled in whole or in part by one or more locally regulated utilities where the installation has been made with the necessary consent. (b) "Locally regulated utility" means an [a] mutual corporation organized under this chapter for the purpose of providing utility service and not subject to rate or service regulation by the utilities and transportation commission. (c) "Nondiscriminatory" means that pole owners may not arbitrarily differentiate among or between similar classes of persons approved for attachments. (2) All rates, terms, and conditions made, demanded or received by a locally regulated utility for attachments to its poles must be just, reasonable, nondiscriminatory and sufficient. A locally regulated utility shall levy attachment space rental rates that are uniform for the same class of service within the locally regulated utility service area. (3) Nothing in this section shall be construed or is intended to confer upon the utilities and transportation commission any authority to exercise jurisdiction over locally regulated utilities. [1996 c 32 § 2.] 24.06.600 24.06.610 Tariff for irrigation pumping service— Authority for locally regulated utility to buy back electricity. The board may approve a tariff for irrigation pumping service that allows the locally regulated utility to buy back electricity from customers to reduce electricity usage by those customers during the locally regulated utility’s particular irrigation season. [2001 c 122 § 5.] 24.06.610 Effective date—2001 c 122: See note following RCW 80.28.310. [Title 24 RCW—page 55] 24.06.900 Title 24 RCW: Corporations and Associations (Nonprofit) 24.06.900 Short title. This chapter shall be known and may be cited as the "Nonprofit Miscellaneous and Mutual Corporation Act". [1982 c 35 § 163; 1969 ex.s. c 120 § 104.] 24.06.900 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.06.905 Existing liabilities not terminated—Continuation of corporate existence—Application of chapter. The enactment of this chapter shall not have the effect of terminating, or in any way modifying, any liability, civil or criminal, which shall already be in existence at the date this chapter becomes effective; and any corporation existing under any prior law which expires on or before the date when this chapter takes effect shall continue its corporate existence: PROVIDED, That this chapter shall apply prospectively to all existing corporations which do not otherwise qualify under the provisions of Titles 23B and 24 RCW, to the extent permitted by the Constitution of this state and of the United States. [1991 c 72 § 44; 1969 ex.s. c 120 § 105.] and its existing public institutions and shall take effect July 1, 1969: PROVIDED, That no corporation existing on the effective date of this chapter shall be required to conform to the provisions of this chapter until July 1, 1971. [1969 ex.s. c 120 § 110.] 24.06.905 24.06.910 Severability—1969 ex.s. c 120. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the application of the provision to other persons or circumstances is not affected, and the effect of such invalidity shall be confined to the clause, sentence, paragraph, section or part of this chapter so held to be invalid. [1969 ex.s. c 120 § 108.] Chapter 24.12 Chapter 24.12 RCW CORPORATIONS SOLE Sections 24.12.010 24.12.020 24.12.025 24.12.030 24.12.040 24.12.050 24.12.060 Corporations sole—Church and religious societies. Corporate powers. Indemnification of agents of any corporation authorized. Filing articles—Property held in trust. Existing corporations sole. Fees for services by secretary of state. Administrative dissolution or revocation of a certificate of authority—Corporation name not distinguishable from name of governmental entity—Application by governmental entity. Revolving fund of secretary of state, deposit of moneys for costs of carrying out secretary of state’s functions under this chapter: RCW 43.07.130. 24.06.910 24.06.915 Notice to existing corporations. (1) The secretary of state shall notify all existing miscellaneous and mutual corporations thirty days prior to the date this chapter becomes effective as to their requirements for filing an annual report. (2) If the notification provided under subsection (1) of this section, from the secretary of state to any corporation was or has been returned unclaimed or undeliverable, the secretary of state shall proceed to dissolve the corporation by striking the name of such corporation from the records of active corporations. (3) Corporations dissolved under subsection (2) of this section may be reinstated at any time within three years of the dissolution action by the secretary of state. The corporation shall be reinstated by filing a request for reinstatement, by appointment of a registered agent and designation of a registered office as required by this chapter, and by filing an annual report for the reinstatement year. No fees may be charged for reinstatements under this section. If, during the period of dissolution, another person or corporation has reserved or adopted a corporate name which is identical to or deceptively similar to the dissolved corporation’s name, the corporation seeking reinstatement shall be required to adopt another name consistent with the requirements of this chapter and to amend its articles of incorporation accordingly. [1982 c 35 § 164; 1969 ex.s. c 120 § 109.] 24.06.915 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. Effective date—1969 ex.s. c 120: See RCW 24.06.920. 24.06.920 Effective date—1969 ex.s. c 120. This chapter is necessary for the immediate preservation of the public peace, health and safety, the support of the state government 24.06.920 [Title 24 RCW—page 56] 24.12.010 Corporations sole—Church and religious societies. Any person, being the bishop, overseer or presiding elder of any church or religious denomination in this state, may, in conformity with the constitution, canons, rules, regulations or discipline of such church or denomination, become a corporation sole, in the manner prescribed in this chapter, as nearly as may be; and, thereupon, said bishop, overseer or presiding elder, as the case may be, together with his successors in office or position, by his official designation, shall be held and deemed to be a body corporate, with all the rights and powers prescribed in the case of corporations aggregate; and with all the privileges provided by law for religious corporations. [1915 c 79 § 1; RRS § 3884.] 24.12.010 24.12.020 Corporate powers. Every corporation sole shall, for the purpose of the trust, have power to contract in the same manner and to the same extent as a natural person, and may sue and be sued, and may defend in all courts and places, in all matters and proceedings whatever, and shall have authority to borrow money and give promissory notes therefor, and to secure the payment of the same by mortgage or other lien upon property, real and personal; to buy, sell, lease, mortgage and in every way deal in real and personal property in the same manner as a natural person may, and without the order of any court; to receive bequests and devises for its own use or upon trusts, to the same extent as natural persons may; and to appoint attorneys-in-fact. [1915 c 79 § 2; RRS § 3885.] 24.12.020 24.12.025 Indemnification of agents of any corporation authorized. See RCW 23B.17.030. 24.12.025 24.12.030 Filing articles—Property held in trust. Articles of incorporation shall be filed in like manner as provided by law for corporations aggregate, and therein shall be set forth the facts authorizing such incorporation, and declare the manner in which any vacancy occurring in the incumbency of such bishop, overseer or presiding elder, as the case may be, is required by the constitution, canons, rules, regulations or discipline of such church or denomination to be 24.12.030 (2008 Ed.) Fraternal Societies filled, which statement shall be verified by affidavit, and for proof of the appointment or election of such bishop, overseer or presiding elder, as the case may be, or any succeeding incumbent of such corporation, it shall be sufficient to file with the secretary of state the original or a copy of his commission, or certificate, or letters of election or appointment, duly attested: PROVIDED, All property held in such official capacity by such bishop, overseer or presiding elder, as the case may be, shall be in trust for the use, purpose, benefit and behoof of his religious denomination, society or church. [1981 c 302 § 10; 1915 c 79 § 3; RRS § 3886.] Severability—1981 c 302: See note following RCW 19.76.100. 24.12.040 Existing corporations sole. Any corporation sole heretofore organized and existing under the laws of this state may elect to continue its existence under *this title [chapter] by filing a certificate to that effect, under its corporate seal and the hand of its incumbent, or by filing amended articles of incorporation, in the form, as near as may be, as provided for corporations aggregate, and from and after the filing of such certificate of amended articles, such corporation shall be entitled to the privileges and subject to the duties, liabilities and provisions in *this title [chapter] expressed. [1915 c 79 § 4; RRS § 3887.] 24.12.040 *Reviser’s note: The language "this title" appeared in chapter 79, Laws of 1915, an independent act, codified herein as chapter 24.12 RCW. 24.12.050 Fees for services by secretary of state. See RCW 43.07.120. 24.12.050 24.20.050 (1) The name of such lodge or other society, and the place of holding its meetings; (2) the name of the grand body from which it derives its rights and powers as such lodge or society; or if it be a grand lodge, the manner in which its powers as such grand lodge are derived; (3) the names of the presiding officer and the secretary having the custody of the seal of such lodge or society; (4) what officers shall join in the execution of any contract by such lodge or society to give it force and effect in accordance with the usages of such lodges or society. [1981 c 302 § 11; 1925 ex.s. c 63 § 1; 1903 c 80 § 1; RRS § 3865. Cf. Code 1881 § 2452; 1873 p 410 § 3.] Severability—1981 c 302: See note following RCW 19.76.100. 24.20.020 Filing fee. The secretary of state shall file such articles of incorporation in the secretary of state’s office and issue a certificate of incorporation to any such lodge or other society upon the payment of the sum of twenty dollars. [1993 c 269 § 10; 1982 c 35 § 165; 1903 c 80 § 2; RRS § 3866.] 24.20.020 Effective date—1993 c 269: See note following RCW 23.86.070. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.20.025 Fees for services by secretary of state. See RCW 43.07.120. 24.20.025 24.12.060 Administrative dissolution or revocation of a certificate of authority—Corporation name not distinguishable from name of governmental entity—Application by governmental entity. RCW 23B.14.203 applies to this chapter. [1997 c 12 § 4.] 24.20.030 Powers—Not subject to license fees. Such lodge or other society shall be a body politic and corporate with all the powers and incidents of a corporation upon its compliance with RCW 24.20.010 and 24.20.020: PROVIDED, HOWEVER, That such fraternal corporation shall not be subject to any license fee or other corporate tax of commercial corporations. [1903 c 80 § 3; RRS § 3867.] Chapter 24.20 RCW FRATERNAL SOCIETIES 24.20.035 Indemnification of agents of any corporation authorized. See RCW 23B.17.030. 24.20.030 24.12.060 Chapter 24.20 24.20.035 Sections 24.20.040 Reincorporation. Any lodge or society, or the members thereof, having heretofore attempted to incorporate as a body under the provisions of an act entitled "An act to provide for the incorporation of associations for social, charitable and educational purposes," approved March 21st, 1895 [*chapter 24.16 RCW], such lodge or society may incorporate under its original corporate name by complying with the provisions of RCW 24.20.010 and 24.20.020: PROVIDED, That such lodge or society shall attach to and file with the articles of incorporation provided for in this chapter a certificate duly signed, executed and attested by the officers of the said corporation consenting to such reincorporation and waiving all rights of the original corporation to such corporate name. [1903 c 80 § 4; RRS § 3868.] 24.20.040 24.20.010 24.20.020 24.20.025 24.20.030 24.20.035 24.20.040 24.20.050 Incorporation—Articles. Filing fee. Fees for services by secretary of state. Powers—Not subject to license fees. Indemnification of agents of any corporation authorized. Reincorporation. Administrative dissolution or revocation of a certificate of authority—Corporation name not distinguishable from name of governmental entity—Application by governmental entity. Revolving fund of secretary of state, deposit of moneys for costs of carrying out secretary of state’s functions under this chapter: RCW 43.07.130. 24.20.010 Incorporation—Articles. Any grand lodge, encampment, chapter or any subordinate lodge or body of Free and Accepted Masons, Independent Order of Odd Fellows, Knights of Pythias, or other fraternal society, desiring to incorporate, shall make articles of incorporation in duplicate, and file one of such articles in the office of the secretary of state; such articles shall be signed by the presiding officer and the secretary of such lodge, chapter or encampment, and attested by the seal thereof, and shall specify: 24.20.010 (2008 Ed.) *Reviser’s note: "chapter 24.16 RCW" was repealed by the Washington Nonprofit Corporation Act, 1967 c 235, (chapter 24.03 RCW). 24.20.050 Administrative dissolution or revocation of a certificate of authority—Corporation name not distinguishable from name of governmental entity—Applica24.20.050 [Title 24 RCW—page 57] Chapter 24.24 Title 24 RCW: Corporations and Associations (Nonprofit) tion by governmental entity. RCW 23B.14.203 applies to this chapter. [1997 c 12 § 5.] Chapter 24.24 RCW BUILDING CORPORATIONS COMPOSED OF FRATERNAL SOCIETY MEMBERS Chapter 24.24 for fraternal and social purposes, and for the benefit of the several bodies represented in such association; (4) The place where the corporation proposes to have its principal place of business; (5) The amount of capital stock and the par value thereof per share, if it shall be organized as a joint stock company. [1927 c 190 § 2; RRS § 3887-2.] Sections 24.24.010 24.24.015 24.24.020 24.24.030 24.24.040 24.24.050 24.24.060 24.24.070 24.24.080 24.24.090 24.24.100 24.24.110 24.24.120 24.24.130 Who may incorporate—Filing fee. Fees for services by secretary of state. Articles—Contents. Powers. Membership certificates. Bylaws. Membership—Trustees—Elections. Control of business—Officers. Right of corporations under the statutes. Certificates of capital stock. Fees. Exemption from ordinary corporate taxes. Indemnification of agents of any corporation authorized. Administrative dissolution or revocation of a certificate of authority—Corporation name not distinguishable from name of governmental entity—Application by governmental entity. Revolving fund of secretary of state, deposit of moneys for costs of carrying out secretary of state’s functions under this chapter: RCW 43.07.130. 24.24.010 Who may incorporate—Filing fee. Any ten or more residents of this state who are members of any chartered body or of different chartered bodies of any fraternal order or society who shall desire to incorporate for the purpose of owning real or personal property or both real and personal property for the purpose and for the benefit of such bodies, may make and execute articles of incorporation, which shall be executed in duplicate, and shall be subscribed by each of the persons so associating themselves together: PROVIDED, That no lodge shall be incorporated contrary to the provisions of the laws and regulations of the order or society of which it is a constituent part. Such articles, at the election of the incorporators, may either provide for the issuing of capital stock or for incorporation as a society of corporation without shares of stock. One of such articles shall be filed in the office of the secretary of state, accompanied by a filing fee of twenty dollars, and the other of such articles shall be preserved in the records of the corporation. [1982 c 35 § 166; 1981 c 302 § 12; 1927 c 190 § 1; RRS § 3887-1.] 24.24.010 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. Severability—1981 c 302: See note following RCW 19.76.100. 24.24.015 Fees for services by secretary of state. See RCW 43.07.120. 24.24.015 24.24.020 Articles—Contents. The articles of incorporation shall set forth; (1) The names of the persons so associating themselves together, their places of residence and the name and location of the lodge, chapter, or society to which they severally belong; (2) The corporate name assumed by the corporation and the duration of the same if limited; (3) The purpose of the association, which shall be to provide, maintain and operate a building or buildings to be used 24.24.020 [Title 24 RCW—page 58] 24.24.030 Powers. Upon making and filing such articles of incorporation the persons subscribing the same and their successors in office and associates, by the name assumed in such articles, shall thereafter be deemed a body corporate, and may acquire and possess real and personal property and may erect and own suitable building or buildings to be used, in whole or in part, for meetings of fraternal bodies, and for all social and fraternal purposes of the several bodies represented in the membership of the corporation, and may exercise all other powers that may lawfully be exercised by other corporations organized under the general incorporation laws of Washington, including the power to borrow money, and for that purpose may issue its bonds and mortgage its property to secure the payment of such bonds. [1927 c 190 § 3; RRS § 3887-3.] 24.24.030 24.24.040 Membership certificates. If the corporation shall not be a joint stock company, then it may provide by its bylaws for issuing to the several bodies represented in its membership certificates of participation, which shall evidence the respective equitable interests of such bodies in the properties held by such corporation. [1927 c 190 § 4; RRS § 3887-4.] 24.24.040 24.24.050 Bylaws. Every such corporation shall have full power and authority to provide by its bylaws for the manner in which such certificates of participation of its certificates or shares of stock shall be held and represented, and may also in like manner provide, that its shares of stock shall not be transferred to, or be held or owned by any person, or by any corporation other than a chartered body of the order or society represented in its membership. [1927 c 190 § 5; RRS § 3887-5.] 24.24.050 24.24.060 Membership—Trustees—Elections. Every such corporation shall have power to provide by its bylaws for succession to its original membership and for new membership, and also for the election from its members of a board of trustees, or a board of directors, and to fix the number and term of office of such trustees or directors; PROVIDED, That there shall always be upon such board of trustees or board of directors at least one representative from each of the several bodies represented in the membership of the association, and the term of office of a trustee shall not exceed three years. [1927 c 190 § 6; RRS § 3887-6.] 24.24.060 24.24.070 Control of business—Officers. The management and control of the business and property of such corporation shall be fixed in said board of trustees or board of directors, as the case may be. Said trustees or directors shall elect from their own number at each annual meeting of the corporation a president, vice president, secretary and trea24.24.070 (2008 Ed.) Granges surer, who shall perform the duties of their respective office in accordance with the bylaws of the corporation and the rules and regulations prescribed by the board of trustees or board of directors. [1927 c 190 § 7; RRS § 3887-7.] 24.24.080 Right of corporations under the statutes. Any corporation composed of fraternal organizations and/or members of fraternal organizations, heretofore incorporated under the laws of the state of Washington, may elect to subject [the] corporation and its capital stock and the rights of its stockholders therein to the provisions of this chapter by a majority vote of its trustees or directors and the unanimous assent or vote of the capital stock of such corporation. If the unanimous written assent of the capital stock has not been obtained then the unanimous vote of all of the stockholders may be taken at any regular meeting of the stockholders or at any special meeting of the stockholders called for that purpose in the manner provided by the bylaws of such corporation for special meetings of the stockholders. The president and secretary of such corporation shall certify said amendment in triplicate under the seal of such corporation as having been adopted by a majority vote of its trustees or directors and by the unanimous written assent or vote as the case may be of all of its stockholders, and file and keep the same as in the case of original articles; and from the time of filing said certificate such corporation and its capital stock and the rights of its stockholders therein shall be subject to all of the provisions of this chapter; PROVIDED, That nothing in this chapter shall affect the rights of the third person, pledgees of any shares of such capital stock, in such pledged stock, under pledges subsisting at the date of the filing of said amendment. [1927 c 190 § 8; RRS § 3887-8.] 24.24.080 24.24.090 Certificates of capital stock. All certificates of capital stock of corporations incorporated under or becoming subject to the provisions of this chapter shall have expressly stated on the face thereof that such corporation and its capital stock and the rights of stockholders therein are subject to the provisions of this chapter and that its capital stock is not assignable or transferable except as in this chapter provided. [1927 c 190 § 9; RRS § 3887-9.] 24.24.090 24.24.100 Fees. The secretary of state shall file such articles of incorporation or amendment thereto in the secretary of state’s office and issue a certificate of incorporation or amendment, as the case may be, to such fraternal association upon the payment of a fee in the sum of twenty dollars. [1993 c 269 § 11; 1982 c 35 § 167; 1927 c 190 § 10; RRS § 388710.] 24.24.100 Effective date—1993 c 269: See note following RCW 23.86.070. Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 24.24.110 Exemption from ordinary corporate taxes. Such fraternal association shall be a body politic and corporate with all powers and incidents of a corporation upon its compliance with the provisions of this chapter; PROVIDED, HOWEVER, That such fraternal corporation shall not be subject to any license fee or other corporate tax of commercial corporations. [1927 c 190 § 11; RRS § 3887-11.] 24.24.110 (2008 Ed.) 24.28.020 24.24.120 Indemnification of agents of any corporation authorized. See RCW 23B.17.030. 24.24.120 24.24.130 Administrative dissolution or revocation of a certificate of authority—Corporation name not distinguishable from name of governmental entity—Application by governmental entity. RCW 23B.14.203 applies to this chapter. [1997 c 12 § 6.] 24.24.130 Chapter 24.28 Chapter 24.28 RCW GRANGES Sections 24.28.010 24.28.020 24.28.030 24.28.035 24.28.040 24.28.045 24.28.050 Manner of incorporating a grange. In what pursuits such corporation may engage. General rights and liabilities. Indemnification of agents of any corporation authorized. Use of term "grange"—"Person" defined. Administrative dissolution or revocation of a certificate of authority—Corporation name not distinguishable from name of governmental entity—Application by governmental entity. Fees for services by secretary of state. Revolving fund of secretary of state, deposit of moneys for costs of carrying out secretary of state’s functions under this chapter: RCW 43.07.130. 24.28.010 Manner of incorporating a grange. Any grange of the patrons of husbandry, desiring hereafter to incorporate, may incorporate and become bodies politic in this state, by filing in the office of the secretary of state of Washington, a certificate or article subscribed and acknowledged by not less than five members of such grange and by the master of the Washington state grange embodying: (1) The name of such grange and the place of holding its meetings. (2) What elective officers the said grange will have, when such officers shall be elected; how, and by whom, the business of the grange shall be conducted or managed, and what officers shall join in the execution of any contract by such grange to give force and effect in accordance with the usages of the order of the patrons of husbandry; such articles shall be subscribed by the master of such grange attested by the secretary, with the seal of the grange. (3) A copy of the bylaws of such grange shall also be filed in the said office of the secretary of state. (4) The names of all such officers at the time of filing the application, and the time for which they may be respectively elected. When such articles shall be filed, such grange shall be a body politic and corporate, with all the incidents of a corporation, subject nevertheless to the laws and parts of laws now in force or hereafter to be passed regulating corporations. [1981 c 302 § 13; 1959 c 207 § 1; 1875 p 97 § 1; RRS § 3901. FORMER PART OF SECTION: 1875 c 97 § 2, part, now codified in RCW 24.28.020.] 24.28.010 Severability—1981 c 302: See note following RCW 19.76.100. 24.28.020 In what pursuits such corporation may engage. Said grange may engage in any industrial pursuit, manufacturing, mining, milling, wharfing, docking, commercial, mechanical, mercantile, building, farming, building, equipping or running railroads, or generally engage in any species of trade or industry; loan money on security, purchase and sell on real estate, but when desiring to engage in either 24.28.020 [Title 24 RCW—page 59] 24.28.030 Title 24 RCW: Corporations and Associations (Nonprofit) or any of the above pursuits or industries, said grange shall be subject to all the conditions and liabilities imposed by the provisions of the general corporation laws, and in addition to the conditions to be performed as recited in RCW 24.28.010, shall file additional articles with said secretary of state stating the object, business or industry proposed to be pursued or engaged in; the amount of capital stock, the time of its existence, not to exceed fifty years; the number of shares of which the capital stock shall consist, and price per share, and the names of officers necessary to manage said business, and the places where said officers shall pursue the same. [1981 c 302 § 14; 1875 p 97 § 2; RRS § 3902. Formerly RCW 24.28.010, part and 24.28.020.] Severability—1981 c 302: See note following RCW 19.76.100. 24.28.030 General rights and liabilities. As a business corporation said grange, after having complied with RCW 24.28.020, shall be to all intents and purposes a domestic corporation, with all the rights, privileges and immunities allowed, and all the liabilities imposed by chapter one of the act entitled "an act to provide for the formation of corporations," approved November 13, 1873. [1875 p 98 § 3; RRS § 3903.] 24.28.030 Reviser’s note: The reference to chapter one of the 1873 act relates to the general corporation act in effect at the time the above section was enacted. Such general corporation laws were also compiled as Code 1881 §§ 2421-2449. See also table of prior laws following the Title 23 RCW digest. 24.28.035 Indemnification of agents of any corporation authorized. See RCW 23B.17.030. 24.28.035 24.28.040 Use of term "grange"—"Person" defined. No person, doing business in this state shall be entitled to use or to register the term "grange" as part or all of his business name or other name or in connection with his products or services, or otherwise, unless either (1) he has complied with the provisions of this chapter or (2) he has obtained written consent of the Washington state grange certified thereto by its master. Any person violating the provisions of this section may be enjoined from using or displaying such name and doing business under such name at the instance of the Washington state grange or any grange organized under this chapter, or any member thereof: PROVIDED, That nothing herein shall prevent the continued use of the term "grange" by any person using said name prior to the adoption of *this act. For the purposes of this section "person" shall include any person, partnership, corporation, or association of individuals. [1959 c 207 § 2.] Chapter 24.34 Chapter 24.34 RCW AGRICULTURAL PROCESSING AND MARKETING ASSOCIATIONS Sections 24.34.010 24.34.020 Who may organize—Purposes—Limitations. Monopoly or restraint of trade—Complaint—Procedure. Agricultural marketing: Chapters 15.65, 15.66 RCW. 24.34.010 Who may organize—Purposes—Limitations. Persons engaged in the production of agricultural products as farmers, planters, ranchmen, dairymen, nut growers or fruit growers may act together in associations, corporate or otherwise, with or without capital stock, in collectively processing, preparing for market, handling, and marketing in intrastate commerce, such products of persons so engaged. Such associations may have marketing agencies in common; and such associations and their members may make the necessary contracts and agreements to effect such purposes: PROVIDED, That such associations are operated for the mutual benefit of the members thereof, as such producers, and conform to one or both of the following requirements: First. That no member of the association is allowed more than one vote because of the amount of stock or membership capital he may own therein, or, Second. That the association does not pay dividends on stock or membership capital in excess of eight percent per annum. And in any case to the following: Third. That the association shall not deal in the products of nonmembers to an amount greater in value than such as are handled by it for members. [1967 c 187 § 1.] 24.34.010 24.28.040 *Reviser’s note: "this act" first appeared in chapter 207, Laws of 1959, section 1 of which amended RCW 24.28.010. 24.28.045 24.28.045 Administrative dissolution or revocation of a certificate of authority—Corporation name not distinguishable from name of governmental entity—Application by governmental entity. RCW 23B.14.203 applies to this chapter. [1997 c 12 § 7.] 24.28.050 Fees for services by secretary of state. See RCW 43.07.120. 24.28.050 [Title 24 RCW—page 60] 24.34.020 Monopoly or restraint of trade—Complaint—Procedure. If the attorney general has reason to believe that any such association as provided for in RCW 24.34.010 monopolizes or restrains trade to such an extent that the price of any agricultural product is unduly enhanced by reason thereof, he shall serve upon such association a complaint stating his charge in that respect, to which complaint shall be attached, or contained therein, a notice of hearing, specifying a day and place not less than thirty days after the service thereof, requiring the association to show cause why an order should not be made directing it to cease and desist from monopolization or restraint of trade. Such hearing, and any appeal which may be made from such hearing, shall be conducted and held subject to and in conformance with the provisions for adjudicative proceedings and judicial review in chapter 34.05 RCW, the Administrative Procedure Act. [1989 c 175 § 75; 1967 c 187 § 2.] 24.34.020 Effective date—1989 c 175: See note following RCW 34.05.010. Chapter 24.36 Chapter 24.36 RCW FISH MARKETING ACT Sections 24.36.010 24.36.020 24.36.030 24.36.040 24.36.050 24.36.055 Short title. Declaration of purpose. Definitions. Associations deemed nonprofit. General laws relating to corporations for profit applicable. Fees for services by secretary of state. (2008 Ed.) Fish Marketing Act 24.36.060 24.36.070 24.36.080 24.36.090 24.36.100 24.36.110 24.36.120 24.36.130 24.36.140 24.36.150 24.36.160 24.36.170 24.36.180 24.36.190 24.36.200 24.36.210 24.36.220 24.36.230 24.36.240 24.36.250 24.36.260 24.36.270 24.36.280 24.36.290 24.36.300 24.36.310 24.36.320 24.36.330 24.36.340 24.36.350 24.36.360 24.36.370 24.36.380 24.36.390 24.36.400 24.36.410 24.36.420 24.36.430 24.36.440 24.36.450 24.36.460 24.36.470 Securities act inapplicable. Associations deemed not a conspiracy, in restraint of trade, etc.—Contracts not illegal. Conflicting laws not applicable—Exemptions apply. Merger, consolidation of associations authorized—Procedure. Stock associations—Statement in articles. Stock associations—Classified shares—Statement in articles. Nonstock associations—Statement in articles. Bylaws of association. Bylaws of association—Transfer of stock, membership certificates limited. Bylaws of association—Quorum, voting, directors, penalties. Bylaws of association—Fees, charges, marketing contract, dividends. Bylaws of association—Membership. Bylaws of association—Meetings. Bylaws of association—Direct election of directors from districts of territory. Bylaws of association—Election of directors by representatives or advisers from districts of territory. Bylaws of association—Primary elections to nominate directors. Bylaws of association—Nomination of directors by public officials or other directors—Limitation. Bylaws of association—Terms of directors—Staggering. Bylaws of association—Executive committee. Qualifications of members, stockholders. Certificate of membership in nonstock associations. Liability of member for association’s debts. Place of membership meetings. Appraisal of expelled member’s property—Payment. Powers of association—General scope of activities. Powers of association—Incurring indebtedness—Advances to members. Association as agent for member. Reserves—Investments. Powers relating to capital stock or bonds of other corporations or associations. Powers relating to real or personal property. Levy of assessments. General powers, rights, privileges of association. Use of association’s facilities—Disposition of proceeds. Power of association to form, control, own stock in or be member of another corporation or association—Warehouse receipts. Contracts and agreements with other corporations or associations—Joint operations. Marketing contracts with members. When title passes on sale by member to association. Association may sell products without taking title—Powers and duties. Liability of member for breach of marketing contract. Injunctions, specific performance if breach or threatened breach by member. Presumption that landlord or lessor can control delivery— Remedies for nondelivery or breach. Enforcement by association to secure delivery by member. Revolving fund of secretary of state, deposit of moneys for costs of carrying out secretary of state’s functions under this chapter: RCW 43.07.130. 24.36.090 (2) "Member" includes members of associations without capital stock and holders of common stock in associations organized with shares of stock. (3) "Association" means any corporation organized under this chapter. [1959 c 312 § 3.] 24.36.040 24.36.040 Associations deemed nonprofit. Associations shall be deemed "nonprofit", inasmuch as they are not organized to make profit for themselves, as such, or for their members, as such, but only for their members as producers of fishery products. [1959 c 312 § 4.] 24.36.050 24.36.050 General laws relating to corporations for profit applicable. The provisions of Title 23B RCW and all powers and rights thereunder, apply to associations, except where such provisions are in conflict with or inconsistent with the express provisions of this chapter. [1991 c 72 § 45; 1959 c 312 § 5.] 24.36.055 24.36.055 Fees for services by secretary of state. See RCW 43.07.120. 24.36.060 Securities act inapplicable. No association is subject in any manner to the terms of chapter 21.20 RCW and all associations may issue their membership certificates or stock or other securities as provided in this division without the necessity of any permit from the director of licenses. [1983 c 3 § 27; 1959 c 312 § 6.] 24.36.060 24.36.070 Associations deemed not a conspiracy, in restraint of trade, etc.—Contracts not illegal. An association shall be deemed not to be a conspiracy, nor a combination in restraint of trade nor an illegal monopoly; nor an attempt to lessen competition or to fix prices arbitrarily or to create a combination or pool in violation of any law of the state; and the marketing contracts and agreements between the association and its members and any agreements authorized in this chapter shall be considered not to be illegal nor in restraint of trade nor contrary to the provisions of any statute enacted against pooling or combinations. [1959 c 312 § 7.] 24.36.070 24.36.080 Conflicting laws not applicable—Exemptions apply. Any provisions of law which are in conflict with this chapter shall not be construed as applying to associations. Any exemptions under any laws applying to fishery products in the possession or under the control of the individual producer shall apply similarly and completely to such fishery products delivered by its members, in the possession or under the control of the association. [1959 c 312 § 8.] 24.36.080 24.36.010 Short title. This chapter may be cited as "The Fish Marketing Act". [1959 c 312 § 1.] 24.36.010 24.36.020 Declaration of purpose. The purpose of this chapter is to promote, foster, and encourage the intelligent and orderly marketing of fish and fishery products through cooperation; to eliminate speculation and waste; to make the distribution of fish and fishery products between producer and consumer as direct as can be efficiently done; and to stabilize the marketing of fish and fishery products. [1959 c 312 § 2.] 24.36.020 24.36.030 Definitions. As used in this chapter: (1) "Fishery products" includes fish, crustaceans, mollusks, and marine products for human consumption. 24.36.030 (2008 Ed.) 24.36.090 24.36.090 Merger, consolidation of associations authorized—Procedure. Any two or more associations may be merged into one such constituent association or consolidated into a new association. Such merger or consolidation shall be made in the manner prescribed by RCW 23B.07.050 and chapter 23B.11 RCW for domestic corporations. [1991 c 72 § 46; 1983 c 3 § 28; 1959 c 312 § 9.] [Title 24 RCW—page 61] 24.36.100 Title 24 RCW: Corporations and Associations (Nonprofit) 24.36.100 Stock associations—Statement in articles. If the association is organized with shares of stock, the articles shall state the number of shares which may be issued and if the shares are to have a par value, the par value of each share, and the aggregate par value of all shares; and if the shares are to be without par value it shall be so stated. [1959 c 312 § 10.] (5) Penalties for violations of the bylaws. [1959 c 312 § 24.36.100 24.36.110 Stock associations—Classified shares— Statement in articles. If the shares are to be classified, the articles shall contain a description of the classes of shares and a statement of the number of shares of each kind or class and the nature and extent of the preferences, rights, privileges and restrictions granted to or imposed upon the holders of the respective classes of stock. [1959 c 312 § 11.] 24.36.110 24.36.120 Nonstock associations—Statement in articles. If the association is organized without shares of stock, the articles shall state whether the voting power and the property rights and interest of each member are equal or unequal; and if unequal the general rule or rules applicable to all members by which the voting power and the property rights and interests, respectively, of each member may be and are determined and fixed; and shall also provide for the admission of new members who shall be entitled to vote and to share in the property of the association with the old members, in accordance with such general rule or rules. [1959 c 312 § 12.] 24.36.120 24.36.130 Bylaws of association. Each association shall within thirty days after its incorporation, adopt for its government and management, a code of bylaws, not inconsistent with this chapter. A majority vote of the members or shares of stock issued and outstanding and entitled to vote, or the written assent of a majority of the members or of stockholders representing a majority of all the shares of stock issued and outstanding and entitled to vote, is necessary to adopt such bylaws and is effectual to repeal or amend any bylaws or to adopt additional bylaws. The power to repeal and amend the bylaws, and adopt new bylaws, may, by a similar vote, or similar written assent, be delegated to the board of directors, which authority may, by a similar vote, or similar written assent, be revoked. [1959 c 312 § 13.] 24.36.130 24.36.140 Bylaws of association—Transfer of stock, membership certificates limited. The bylaws shall prohibit the transfer of the common stock or membership certificates of the associations to persons not engaged in the production of the products handled by the association. [1959 c 312 § 14.] 24.36.140 15.] 24.36.160 Bylaws of association—Fees, charges, marketing contract, dividends. The bylaws may provide: (1) The amount of entrance, organization and membership fees, if any; the manner and method of collection of the same; and the purposes for which they may be used. (2) The amount which each member shall be required to pay annually, or from time to time, if at all, to carry on the business of the association; the charge, if any, to be paid by each member for services rendered by the association to him and the time of payment and the manner of collection; and the marketing contract between the association and its members which every member may be required to sign. (3) The amount of any dividends which may be declared on the stock or membership capital, which dividends shall not exceed eight percent per annum and which dividends shall be in the nature of interest and shall not affect the nonprofit character of any association organized hereunder. [1959 c 312 § 16.] 24.36.160 24.36.170 Bylaws of association—Membership. The bylaws may provide: (1) The number and qualification of members of the association and the conditions precedent to membership or ownership of common stock. (2) The method, time and manner of permitting members to withdraw or the holders of common stock to transfer their stock. (3) The manner of assignment and transfer of the interest of members and of the shares of common stock. (4) The conditions upon which and time when membership of any member shall cease. (5) For the automatic suspension of the rights of a member when he ceases to be eligible to membership in the association; and the mode, manner and effect of the expulsion of a member. (6) The manner of determining the value of a member’s interest and provision for its purchase by the association upon the death or withdrawal of a member or upon the expulsion of a member or forfeiture of his membership, or at the option of the association, the purchase at a price fixed by conclusive appraisal by the board of directors; and the conditions and terms for the repurchase by the corporation from its stockholders of their stock upon their disqualification as stockholders. [1959 c 312 § 17.] 24.36.170 24.36.180 Bylaws of association—Meetings. The bylaws may provide for the time, place, and manner of calling and conducting meetings of the association. [1959 c 312 § 18.] 24.36.180 24.36.150 Bylaws of association—Quorum, voting, directors, penalties. The bylaws may provide: (1) The number of members constituting a quorum. (2) The right of members to vote by proxy or by mail or both, and the conditions, manner, form and effects of such votes; the right of members to cumulate their votes and the prohibition, if desired, of cumulative voting. (3) The number of directors constituting a quorum. (4) The qualifications, compensation and duties and term of office of directors and officers and the time of their election. 24.36.150 [Title 24 RCW—page 62] 24.36.190 Bylaws of association—Direct election of directors from districts of territory. The bylaws may provide that the territory in which the association has members shall be divided into districts and that directors shall be elected from the several districts. In such case, the bylaws shall specify the number of directors to be elected by each district, the manner and method of reapportioning the direc24.36.190 (2008 Ed.) Fish Marketing Act tors and of redistricting the territory covered by the association. [1959 c 312 § 19.] 24.36.200 24.36.200 Bylaws of association—Election of directors by representatives or advisers from districts of territory. The bylaws may provide that the territory in which the association has members shall be divided into districts, and that the directors shall be elected by representatives or advisers, who themselves have been elected by the members from the several territorial districts. In such case, the bylaws shall specify the number of representatives or advisers to be elected by each district, the manner and method of reapportioning the representatives or advisers and of redistricting the territory covered by the association. [1959 c 312 § 20.] 24.36.210 24.36.210 Bylaws of association—Primary elections to nominate directors. The bylaws may provide that primary elections shall be held to nominate directors. Where the bylaws provide that the territory in which the association has members shall be divided into districts, the bylaws may also provide that the results of the primary elections in the various districts shall be final and shall be ratified at the annual meeting of the association. [1959 c 312 § 21.] 24.36.220 24.36.220 Bylaws of association—Nomination of directors by public officials or other directors—Limitation. The bylaws may provide that one or more directors may be nominated by any public official or commission or by the other directors selected by the members. Such directors shall represent primarily the interest of the general public in such associations. The directors so nominated need not be members of the association, but shall have the same powers and rights as other directors. Such directors shall not number more than one-fifth of the entire number of directors. [1959 c 312 § 22.] 24.36.230 24.36.230 Bylaws of association—Terms of directors—Staggering. The bylaws may provide that directors shall be elected for terms of from one to five years: PROVIDED, That at each annual election the same fraction of the total number of directors shall be elected as one year bears to the number of years of the term of office. [1959 c 312 § 23.] 24.36.330 (2) If a member of a nonstock association is other than a natural person, such member may be represented by any individual duly authorized in writing. (3) One association may become a member or stockholder of any other association. [1959 c 312 § 25.] 24.36.260 Certificate of membership in nonstock associations. When a member of an association established without shares of stock has paid his membership fee in full, he shall receive a certificate of membership. [1959 c 312 § 26.] 24.36.260 24.36.270 Liability of member for association’s debts. No member shall be liable for the debts of the association to an amount exceeding the sum remaining unpaid on his membership fee or his subscription to the capital stock, including any unpaid balance on any promissory note given in payment thereof. [1959 c 312 § 27.] 24.36.270 24.36.280 Place of membership meetings. Meetings of members shall be held at the place as provided in the bylaws; and if no provision is made, in the city where the principal place of business is located at a place designated by the board of directors. [1959 c 312 § 28.] 24.36.280 24.36.290 Appraisal of expelled member’s property—Payment. In case of the expulsion of a member, and where the bylaws do not provide any procedure or penalty, the board of directors shall equitably and conclusively appraise his property interest in the association and shall fix the amount thereof in money, which shall be paid to him within one year after such expulsion. [1959 c 312 § 29.] 24.36.290 24.36.300 Powers of association—General scope of activities. An association may: Engage in any activity in connection with the marketing, selling, preserving, harvesting, drying, processing, manufacturing, canning, packing, grading, storing, handling, or utilization of any fishery products produced or delivered to it by its members; or the manufacturing or marketing of the byproducts thereof; or any activity in connection with the purchase, hiring, or use by its members of supplies, machinery, or equipment, or in the financing of any such activities. [1959 c 312 § 30.] 24.36.300 24.36.240 24.36.240 Bylaws of association—Executive committee. The bylaws may provide for an executive committee and may allot to such committee all the functions and powers of the board of directors, subject to the general direction and control of the board. [1959 c 312 § 24.] 24.36.250 24.36.250 Qualifications of members, stockholders. (1) Under the terms and conditions prescribed in the bylaws, an association may admit as members, or issue common stock to, only such persons as are engaged in the production of fishery products to be handled by or through the association, including the lessees and tenants of boats and equipment used for the production of such fishery products and any lessors and landlords who receive as rent all or part of the fish produced by such leased equipment. (2008 Ed.) 24.36.310 Powers of association—Incurring indebtedness—Advances to members. An association may borrow without limitation as to amount of corporate indebtedness or liability and may make advances to members. [1959 c 312 § 31.] 24.36.310 24.36.320 Association as agent for member. An association may act as the agent or representative of any member or members in any of the two next preceding sections. [1959 c 312 § 32.] 24.36.320 24.36.330 Reserves—Investments. An association may establish reserves and invest the funds thereof in bonds or in such other property as may be provided in the bylaws. [1959 c 312 § 33.] 24.36.330 [Title 24 RCW—page 63] 24.36.340 Title 24 RCW: Corporations and Associations (Nonprofit) 24.36.340 Powers relating to capital stock or bonds of other corporations or associations. An association may purchase or otherwise acquire, hold, own, and exercise all rights of ownership in, sell, transfer, pledge, or guarantee the payment of dividends or interest on, or the retirement or redemption of, shares of the capital stock or bonds of any corporation or association engaged in any related activity or in the warehousing or handling or marketing or packing or manufacturing or processing or preparing for market of any of the fishery products handled by the association. [1959 c 312 § 34.] 24.36.340 24.36.350 Powers relating to real or personal property. An association may buy, hold and exercise all privileges or ownership, over such real or personal property as may be necessary or convenient for the conduct and operation of any of the business of the association, or incidental thereto. [1959 c 312 § 35.] 24.36.350 24.36.360 Levy of assessments. An association may levy assessments in the manner and in the amount provided in its bylaws. [1959 c 312 § 36.] 24.36.360 24.36.370 General powers, rights, privileges of association. An association may do each and every thing necessary, suitable or proper for the accomplishment of any one of the purposes or the attainment of any one or more of the objects enumerated in this chapter; or conducive to or expedient for the interest or benefit of the association; and contract accordingly; and in addition exercise and possess all powers, rights and privileges necessary or incidental to the purposes for which the association is organized or to the activities in which it is engaged; and, in addition, any other rights, powers and privileges granted by the laws of this state to ordinary corporations, except such as are inconsistent with the express provisions of this chapter; and do any such thing anywhere. [1959 c 312 § 37.] 24.36.370 24.36.380 Use of association’s facilities—Disposition of proceeds. An association may use or employ any of its facilities for any purpose: PROVIDED, That the proceeds arising from such use and employment go to reduce the cost of operation for its members; but the fishery products of nonmembers shall not be dealt in to an amount greater in value than such as are handled by it for its members. [1959 c 312 § 38.] 24.36.380 24.36.390 Power of association to form, control, own stock in or be member of another corporation or association—Warehouse receipts. An association may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any other corporation or corporations, with or without capital stock and engaged in preserving, drying, processing, canning, packing, storing, handling, shipping, utilizing, manufacturing, marketing, or selling of the fishery products handled by the association, or the byproducts thereof. If such corporations are warehousing corporations, they may issue legal warehouse receipts to the association against the commodities delivered by it, or to any other person and 24.36.390 [Title 24 RCW—page 64] such legal warehouse receipts shall be considered as adequate collateral to the extent of the usual and current value of the commodity represented thereby. In case such warehouse is licensed or licensed and bonded under the laws of this state or the United States, its warehouse receipt delivered to the association on commodities of the association or its members, or delivered by the association or its members, shall not be challenged or discriminated against because of ownership or control, wholly or in part, by the association. [1959 c 312 § 39.] 24.36.400 Contracts and agreements with other corporations or associations—Joint operations. Any association may, upon resolution adopted by its board of directors, enter into all necessary and proper contracts and agreements and make all necessary and proper stipulations, agreements and contracts and arrangements with any other cooperative or other corporation, association, or associations, formed in this or in any other state, for the cooperative and more economical carrying on of its business or any part or parts thereof. Any two or more associations may, by agreement between them, unite in employing and using or may separately employ and use the same personnel, methods, means, and agencies for carrying on and conducting their respective business. [1959 c 312 § 40.] 24.36.400 24.36.410 Marketing contracts with members. An association and its members may make and execute marketing contracts, requiring the members to sell, for any period of time, not over fifteen years, all or any specified part of their fishery products or specified commodities exclusively to or through the association or any facilities to be created by the association. [1959 c 312 § 41.] 24.36.410 24.36.420 When title passes on sale by member to association. If the members contract a sale to the association, it shall be conclusively held that title to the products passes absolutely and unreservedly, except for recorded liens, to the association upon delivery or at any other time expressly and definitely specified in the contract. [1959 c 312 § 42.] 24.36.420 24.36.430 Association may sell products without taking title—Powers and duties. The contract may provide that the association may sell or resell the fishery products delivered by its members, with or without taking title thereto; and pay over to its members the resale price, after deducting all necessary selling, overhead, and other costs and expenses, including interest on preferred stock, not exceeding eight percent per annum, and reserves for retiring the stock, if any; and other proper reserves; and interest not exceeding eight percent per annum upon common stock. [1959 c 312 § 43.] 24.36.430 24.36.440 Liability of member for breach of marketing contract. The marketing contract may fix, as liquidated damages, specific sums to be paid by the member to the association upon the breach by him of any provision of the marketing contract regarding the sale or delivery or withholding of fishery products; and may further provide that the member will pay all costs, premiums for bonds, expenses and fees, in case any action is brought upon the contract by the association; and any such provisions shall be valid and enforceable 24.36.440 (2008 Ed.) Tax Reform Act of 1969, State Implementation—Not for Profit Corporations in the courts of this state; and such clauses providing for liquidated damages shall be enforceable as such and shall not be regarded as penalties. [1959 c 312 § 44.] 24.40.060 shall apply only for its federal taxable years beginning after December 31, 1971. [1971 c 59 § 2.] 24.40.020 Articles of incorporation deemed to contain prohibiting provisions. The articles of incorporation of every corporation to which this chapter applies shall be deemed to contain provisions prohibiting the corporation from: (1) Engaging in any act of "self-dealing" (as defined in section 4941(d) of the Internal Revenue Code of 1954), which would give rise to any liability for the tax imposed by section 4941(a) of the Internal Revenue Code of 1954; (2) Retaining any "excess business holdings" (as defined in section 4943(c) of the Internal Revenue Code of 1954), which would give rise to any liability for the tax imposed by section 4943(a) of the Internal Revenue Code of 1954; (3) Making any investment which would jeopardize the carrying out of any of its exempt purposes, within the meaning of section 4944 of the Internal Revenue Code of 1954, so as to give rise to any liability for the tax imposed by section 4944(a) of the Internal Revenue Code of 1954; and (4) Making any "taxable expenditures" (as defined in section 4945(d) of the Internal Revenue Code of 1954) which would give rise to any liability for the tax imposed by section 4945(a) of the Internal Revenue Code of 1954. [1971 c 59 § 3.] 24.40.020 24.36.450 Injunctions, specific performance if breach or threatened breach by member. In the event of any such breach or threatened breach of such marketing contract by a member the association shall be entitled to an injunction to prevent the further breach of the contract and to a decree of specific performance thereof. Pending the adjudication of such an action and upon filing a verified complaint showing the breach or threatened breach, and upon filing sufficient bond, the association shall be entitled to a temporary restraining order and preliminary injunction against the member. [1959 c 312 § 45.] 24.36.450 24.36.460 Presumption that landlord or lessor can control delivery—Remedies for nondelivery or breach. In any action upon such marketing agreements, it shall be conclusively presumed that a landlord or lessor is able to control the delivery of fishery products produced by his equipment by tenants, or others, whose tenancy or possession or work on such equipment or the terms of whose tenancy or possession or labor thereon were created or changed after execution by the landlord or lessor, of such a marketing agreement; and in such actions, the foregoing remedies for nondelivery or breach shall lie and be enforceable against such landlord or lessor. [1959 c 312 § 46.] 24.36.460 24.36.470 Enforcement by association to secure delivery by member. A contract entered into by a member of an association, providing for the delivery to such association of products produced or acquired by the member, may be specifically enforced by the association to secure the delivery to it of such fishery products, any provisions of law to the contrary notwithstanding. [1959 c 312 § 47.] 24.36.470 24.40.030 Articles of incorporation deemed to contain provisions for distribution. The articles of incorporation of every corporation to which this chapter applies shall be deemed to contain a provision requiring such corporation to distribute, for the purposes specified in its articles of incorporation, for each taxable year, amounts at least sufficient to avoid liability for the tax imposed by section 4942(a) of the Internal Revenue Code of 1954. [1971 c 59 § 4.] 24.40.030 24.40.040 Rights, powers, of courts, attorney general, not impaired. Nothing in this chapter shall impair the rights and powers of the courts or the attorney general of this state with respect to any corporation. [1971 c 59 § 5.] 24.40.040 Chapter 24.40 Chapter 24.40 RCW TAX REFORM ACT OF 1969, STATE IMPLEMENTATION—NOT FOR PROFIT CORPORATIONS Sections 24.40.010 24.40.020 24.40.030 24.40.040 24.40.050 24.40.060 24.40.070 24.40.080 Application. Articles of incorporation deemed to contain prohibiting provisions. Articles of incorporation deemed to contain provisions for distribution. Rights, powers, of courts, attorney general, not impaired. Construction of references to federal code. Present articles of incorporation may be amended—Application to new corporation. Severability—1971 c 59. Tax reform act of 1969, state implementation—Charitable trusts. 24.40.010 Application. This chapter shall apply to every not for profit corporation to which Title 24 RCW applies, and which is a "private foundation" as defined in section 509 of the Internal Revenue Code of 1954, and which has been or shall be incorporated under the laws of the state of Washington after December 31, 1969. As to any such corporation so incorporated before January 1, 1970, this chapter 24.40.010 (2008 Ed.) 24.40.050 Construction of references to federal code. All references to sections of the Internal Revenue Code of 1954 shall include future amendments to such sections and corresponding provisions of future internal revenue laws. [1971 c 59 § 6.] 24.40.050 24.40.060 Present articles of incorporation may be amended—Application to new corporation. Nothing in this chapter shall limit the power of any corporation not for profit now or hereafter incorporated under the laws of the state of Washington (1) to at any time amend its articles of incorporation or other instrument governing such corporation by any amendment process open to such corporation under the laws of the state of Washington to provide that some or all provisions of RCW 24.40.010 and 24.40.020 shall have no application to such corporation; or (2) in the case of any such corporation formed after June 10, 1971, to provide in its articles of incorporation that some 24.40.060 [Title 24 RCW—page 65] 24.40.070 Title 24 RCW: Corporations and Associations (Nonprofit) or all provisions of RCW 24.40.010 and 24.40.020 shall have no application to such corporation. [1971 c 59 § 7.] property is transferred to or held by an institution as an institutional fund. [1973 c 17 § 1.] 24.40.070 Severability—1971 c 59. If any provision of RCW 24.40.010 through 24.40.070 or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of RCW 24.40.010 through 24.40.070 which can be given effect without the invalid provision or application, and to this end the provisions of RCW 24.40.010 through 24.40.070 are declared to be severable. [1971 c 59 § 8.] 24.44.020 Appropriation of appreciation. The governing board may appropriate for expenditure for the uses and purposes for which an endowment fund is established so much of the net appreciation, realized and unrealized, in the fair value of the assets of an endowment fund over the historic dollar value of the fund as is prudent under the standard established by RCW 24.44.050. This section does not limit the authority of the governing board to expend funds as permitted under other law, the terms of the applicable gift instrument, or the character [charter] of an institution. [1973 c 17 § 2.] 24.40.070 24.40.080 Tax reform act of 1969, state implementation—Charitable trusts. See RCW 11.110.200 through 11.110.260. 24.40.080 24.44.020 24.44.030 Investment authority. In addition to an investment otherwise authorized by law or by the applicable gift instrument, and without restriction to investments a fiduciary is authorized to make, the governing board (subject to any specific limitations set forth in the applicable gift instrument or in applicable law other than law relating to investments a fiduciary is authorized to make) may: (1) Invest and reinvest an institutional fund in any real or personal property deemed advisable by the governing board, whether or not it produces a current return, including mortgages, stocks and bonds, debentures, and other securities of profit or nonprofit corporations, shares in or obligations of associations, partnerships, or individuals, and obligations of any government or subdivision or instrumentality thereof; (2) Retain property contributed by a donor to an institutional fund for as long as the governing board deems advisable; (3) Include all or any part of an institutional fund in any pooled or common fund maintained by the institution; and (4) Invest all or any part of an institutional fund in any other pooled or common fund available for investment, including shares or interests in regulated investment companies, mutual funds, common trust funds, investment partnerships, real estate investment trusts, or similar organizations in which funds are commingled and investment determinations are made by persons other than the governing board. [1973 c 17 § 3.] 24.44.030 Chapter 24.44 Chapter 24.44 RCW UNIFORM MANAGEMENT OF INSTITUTIONAL FUNDS ACT Sections 24.44.010 24.44.020 24.44.030 24.44.040 24.44.050 24.44.060 24.44.070 24.44.080 24.44.090 24.44.900 Definitions. Appropriation of appreciation. Investment authority. Delegation of investment management. Standard of conduct. Release of restrictions on use or investments. Uniformity of application and construction. Short title. Section headings. Severability—1973 c 17. 24.44.010 Definitions. As used in this chapter: (1) "Institution" means an incorporated or unincorporated organization organized and operated exclusively for educational, religious, charitable, or other eleemosynary purposes or a governmental organization to the extent that it holds funds exclusively for any of these purposes; (2) "Institutional fund" means a fund held by an institution for its exclusive use, benefit or purposes, but does not include (a) a fund held for an institution by a trustee which is not an institution, or (b) a fund in which a beneficiary which is not an institution has an interest other than possible rights which could arise upon violation or failure of the purposes of the fund; (3) "Endowment fund" means an institutional fund, or any part thereof, which is not wholly expendable by the institution on a current basis under the terms of the applicable gift instrument; (4) "Governing board" means the body responsible for the management of an institution or of an institutional fund; (5) "Historic dollar value" means the fair value in dollars of an endowment fund at the time it first became an endowment fund, plus the fair value in dollars of each subsequent donation to the fund at the time it is made, plus the fair value in dollars of each accumulation made pursuant to a direction in the applicable gift instrument at the time the accumulation is added to the fund. The determination of historic dollar value made in good faith by the institution is conclusive; (6) "Gift instrument" means a will, deed, grant, conveyance, agreement, memorandum, writing, or other governing document (including the terms of any institutional solicitations from which an institutional fund resulted) under which 24.44.010 [Title 24 RCW—page 66] 24.44.040 Delegation of investment management. Except as otherwise provided by the applicable gift instrument or by applicable law relating to governmental institutions or funds, the governing board may: (1) Delegate to its committees, to officers or employees of the institution or the fund, or to agents (including investment counsel) the authority to act in place of the board in investment and reinvestment of institutional funds; (2) Contract with independent investment advisors, investment counsel or managers, banks, or trust companies, so to act; and (3) Authorize the payment of compensation for investment advisory or management services. [1973 c 17 § 4.] 24.44.040 24.44.050 Standard of conduct. In the administration of the powers to appropriate appreciation, to make and retain investments, and to delegate investment management of 24.44.050 (2008 Ed.) Washington Manufacturing Services institutional funds, members of a governing board shall exercise ordinary business care and prudence under the facts and circumstances prevailing at the time of the action or decision, and in so doing they shall consider long and short term needs of the institution in carrying out its educational, religious, charitable, or other eleemosynary purposes, its present and anticipated financial requirements, expected total return on its investments, price level trends, and general economic conditions. [1973 c 17 § 5.] 24.44.060 24.44.060 Release of restrictions on use or investments. (1) A restriction on the use or investment of an institutional fund imposed by the applicable gift instrument may be released, entirely or in part, by the governing board with the written consent of the donor. (2) If consent of the donor cannot be obtained by reason of the death, disability or unavailability, or impossibility of identification of the donor, upon application of the governing board, a restriction on the use or investment of an institutional fund imposed by the applicable gift instrument may be released, entirely or in part, by order of the superior court after reasonable notice to the attorney general and an opportunity for him to be heard, and upon a finding that the restriction on the use or investment of the fund is obsolete, inappropriate or impracticable. A release under this subsection may not change an endowment fund to a fund which is not an endowment fund. (3) A release under this section may not allow a fund to be used for purposes other than the educational, religious, charitable, or other eleemosynary purposes of the institution affected. (4) The provisions of this section do not limit the application of the doctrine of cy pres. [1973 c 17 § 6.] Chapter 24.46 24.50.005 Chapter 24.46 RCW FOREIGN TRADE ZONES Sections 24.46.010 24.46.020 Legislative finding—Intent. Application for permission to establish, operate and maintain foreign trade zones authorized. Operation of foreign trade zones by port districts: RCW 53.08.030. 24.46.010 Legislative finding—Intent. It is the finding of the legislature that foreign trade zones serve an important public purpose by the creation of employment opportunities within the state and that the establishment of zones designed to accomplish this purpose is to be encouraged. It is the further intent of the legislature that the department of community, trade, and economic development provide assistance to entities planning to apply to the United States for permission to establish such zones. [1995 c 399 § 12; 1985 c 466 § 39; 1977 ex.s. c 196 § 1.] 24.46.010 Effective date—Severability—1985 c 466: See notes following RCW 43.31.125. Effective date—1977 ex.s. c 196: "This 1977 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1977." [1977 ex.s. c 196 § 8.] 24.46.020 Application for permission to establish, operate and maintain foreign trade zones authorized. A nonprofit corporation or organization, as zone sponsor, may apply to the United States for permission to establish, operate, and maintain foreign trade zones: PROVIDED, That nothing herein shall be construed to prevent these zones from being operated and financed by a private corporation(s) on behalf of said nonprofit corporation acting as zone sponsor. [1977 ex.s. c 196 § 2.] 24.46.020 Effective date—1977 ex.s. c 196: See note following RCW 24.46.010. Chapter 24.50 RCW WASHINGTON MANUFACTURING SERVICES Chapter 24.50 24.44.070 24.44.070 Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among those states which enact it. [1973 c 17 § 8.] Sections 24.50.005 24.50.010 24.50.005 Findings—Intent. (1) The legislature finds 24.50.005 24.44.080 24.44.080 Short title. This chapter may be cited as the "Uniform Management of Institutional Funds Act". [1973 c 17 § 9.] 24.44.090 24.44.090 Section headings. Section headings as used in this chapter do not constitute any part of the law. [1973 c 17 § 10.] 24.44.900 24.44.900 Severability—1973 c 17. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable. [1973 c 17 § 7.] (2008 Ed.) Findings—Intent. Washington manufacturing services—Organization—Mission—Board of directors—Powers—Duties. that: (a) To perform in the emerging global marketplace, Washington manufacturers must master new technologies, production processes, and methods of work organization; (b) Only through modernization can Washington manufacturers both compete successfully in the market of the future and pay good wages; (c) Most small and midsize manufacturers cannot easily access the technical assistance and skills training needed to make them globally competitive; (d) To be effective, any program to improve the capability of Washington small and midsize manufacturers must reflect the specific needs and capabilities of those firms. (2) It is the intent of the legislature that the state increase its support for delivery of modernization services to small and midsize manufacturers and leverage federal and private [Title 24 RCW—page 67] 24.50.010 Title 24 RCW: Corporations and Associations (Nonprofit) resources devoted to such efforts. It is the further intent of the legislature that the state facilitate the delivery of modernization services and: (a) Encourage small and midsize firms to aggregate their demand for training and other modernization services, thus driving down the cost to the individual firm and securing more effective services; and (b) Encourage large firms to support training consortia among their suppliers and validate the importance of high performance work organization and workplace learning as desirable supplier practices. [2006 c 34 § 1.] 24.50.010 Washington manufacturing services— Organization—Mission—Board of directors—Powers— Duties. (1) Washington manufacturing services is organized as a private, nonprofit corporation in accordance with chapter 24.03 RCW and this section. The mission of the center is to operate a modernization extension system, coordinate a network of public and private modernization resources, and stimulate the competitiveness of small and midsize manufacturers in Washington. (2) Washington manufacturing services shall be governed by a board of directors. A majority of the board of directors shall be representatives of small and medium-sized manufacturing firms and industry associations, networks, or consortia. The board shall also include at least one member representing labor unions or labor councils and, as ex officio members, the director of the department of community, trade, and economic development, the executive director of the state board for community and technical colleges, and the director of the workforce training and education coordinating board, or their respective designees. (3) Washington manufacturing services may: (a) Charge fees for services, make and execute contracts with any individual, corporation, association, public agency, or any other entity, and employ all other legal instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions under this chapter; and (b) Receive funds from federal, state, or local governments, private businesses, foundations, or any other source for purposes consistent with this chapter. (4) Washington manufacturing services shall: (a) Develop policies, plans, and programs to assist in the modernization of businesses in targeted sectors of Washington’s economy and coordinate the delivery of modernization services; (b) Provide information about the advantages of modernization and the modernization services available in the state to federal, state, and local economic development officials, state colleges and universities, and private providers; (c) Collaborate with the Washington quality initiative in the development of manufacturing quality standards and quality certification programs; (d) Serve as an information clearinghouse and provide access for users to the federal manufacturing extension partnership national research and information system; and (e) Provide, either directly or through contracts, assistance to industry associations, networks, or consortia, that would be of value to their member firms in: 24.50.010 [Title 24 RCW—page 68] (i) Adopting advanced business management practices such as strategic planning and total quality management; (ii) Developing mechanisms for interfirm collaboration and cooperation; (iii) Appraising, purchasing, installing, and effectively using equipment, technologies, and processes that improve the quality of goods and services and the productivity of the firm; (iv) Improving human resource systems and workforce training in a manner that moves firms toward flexible, highperformance work organizations; (v) Developing new products; (vi) Conducting market research, analysis, and development of new sales channels and export markets; (vii) Improving processes to enhance environmental, health, and safety compliance; and (viii) Improving credit, capital management, and business finance skills. [2006 c 34 § 2.] (2008 Ed.) Title 25 PARTNERSHIPS Title 25 Chapters 25.04 General and limited liability partnerships. 25.05 Revised uniform partnership act. 25.10 Limited partnerships. 25.12 Limited partnerships existing prior to June 6, 1945. 25.15 Limited liability companies. Powers of appointment: Chapter 11.95 RCW. Probate provisions relating to partnership property: Chapter 11.64 RCW. Chapter 25.04 Chapter 25.04 RCW GENERAL AND LIMITED LIABILITY PARTNERSHIPS (Formerly: General partnerships) Sections LIMITED LIABILITY PARTNERSHIPS 25.04.710 25.04.715 25.04.716 Registration—Application—Fee—Forms. Name. Name—Reservation of exclusive right—Filing. A person or partnership may transfer the right to the exclusive use of a reserved name to any other person by filing in the office of the secretary of state a notice of the transfer, executed by the applicant for whom the name was reserved and specifying the name and address of the transferee. [1998 c 102 § 7.] Chapter 25.05 RCW REVISED UNIFORM PARTNERSHIP ACT Chapter 25.05 Sections ARTICLE 1 GENERAL PROVISIONS 25.05.005 25.05.010 25.05.015 25.05.020 25.05.025 25.05.030 25.05.035 ARTICLE 2 NATURE OF PARTNERSHIP LIMITED LIABILITY PARTNERSHIPS 25.04.710 25.04.710 Registration—Application—Fee—Forms. Reviser’s note: RCW 25.04.710 was amended by 1998 c 102 § 5 without reference to its repeal by 1998 c 103 § 1308. It has been decodified for publication purposes under RCW 1.12.025. 25.05.050 25.05.055 25.05.060 25.05.065 25.04.715 Name. 25.04.716 Name—Reservation of exclusive right— Filing. (1) The exclusive right to the use of a name may be reserved by: (a) A person intending to organize a limited liability partnership under this chapter and to adopt that name; (b) A domestic or foreign limited liability partnership registered in this state which intends to adopt that name; (c) A foreign limited liability partnership intending to register in this state and to adopt that name; and (d) A person intending to organize a foreign limited liability partnership and intending to have it registered in this state and adopt that name. (2) The reservation shall be made by filing with the secretary of state an application, executed by the applicant, to reserve a specified name, accompanied by a fee established by the secretary of state by rule. If the secretary of state finds that the name is available for use by a domestic or foreign limited liability partnership, the secretary of state shall reserve the name for the exclusive use of the applicant for a period of one hundred eighty days. The reservation is limited to one filing and is nonrenewable. 25.04.716 (2008 Ed.) Partnership as entity. Formation of partnership. Partnership property. When property is partnership property. ARTICLE 3 RELATIONS OF PARTNERS TO PERSONS DEALING WITH PARTNERSHIP 25.04.715 Reviser’s note: RCW 25.04.715 was amended by 1998 c 102 § 6 without reference to its repeal by 1998 c 103 § 1308. It has been decodified for publication purposes under RCW 1.12.025. Definitions. Knowledge and notice. Effect of partnership agreement—Nonwaivable provisions. Supplemental principles of law. Execution and filing of statements. Governing law. Partnership subject to amendment or repeal of chapter. 25.05.100 25.05.105 25.05.110 25.05.115 25.05.120 25.05.125 25.05.130 25.05.135 Partner agent of partnership. Transfer of partnership property. Statement of partnership authority. Statement of denial. Partnership liable for partner’s actionable conduct. Partner’s liability. Actions by and against partnership and partners. Liability of purported partner. ARTICLE 4 RELATIONS OF PARTNERS TO EACH OTHER AND TO PARTNERSHIP 25.05.150 25.05.155 25.05.160 25.05.165 25.05.170 25.05.175 Partner’s rights and duties. Distributions in kind. Partner’s rights and duties with respect to information. General standards of partner’s conduct. Actions by partnership and partners. Continuation of partnership beyond definite term or particular undertaking. ARTICLE 5 TRANSFEREES AND CREDITORS OF PARTNER 25.05.200 25.05.205 25.05.210 25.05.215 Partner not co-owner of partnership property. Partner’s transferable interest in partnership. Transfer of partner’s transferable interest. Partner’s transferable interest subject to charging order. ARTICLE 6 PARTNER’S DISSOCIATION 25.05.225 25.05.230 25.05.235 Events causing partner’s dissociation. Partner’s power to dissociate—Wrongful dissociation. Effect of partner’s dissociation. [Title 25 RCW—page 1] 25.05.005 Title 25 RCW: Partnerships ARTICLE 7 PARTNER’S DISSOCIATION WHEN BUSINESS NOT WOUND UP 25.05.250 25.05.255 25.05.260 25.05.265 25.05.270 Purchase of dissociated partner’s interest. Dissociated partner’s power to bind and liability to partnership. Dissociated partner’s liability to other persons. Statement of dissociation. Continued use of partnership name. ARTICLE 8 WINDING UP PARTNERSHIP BUSINESS 25.05.300 25.05.305 25.05.310 25.05.315 25.05.320 25.05.325 25.05.330 Events causing dissolution and winding up of partnership business. Partnership continues after dissolution. Right to wind up partnership business. Partner’s power to bind partnership after dissolution. Statement of dissolution. Partner’s liability to other partners after dissolution. Settlement of accounts and contributions among partners. ARTICLE 9 CONVERSIONS AND MERGERS 25.05.350 25.05.355 25.05.360 25.05.365 25.05.370 25.05.375 25.05.380 25.05.385 25.05.390 25.05.395 Definitions. Conversion of partnership to limited partnership. Conversion of limited partnership to partnership. Effect of conversion—Entity unchanged. Merger of partnerships. Merger—Plan—Approval. Articles of merger—Filing. Effect of merger. Merger—Foreign and domestic. Nonexclusive. ARTICLE 10 DISSENTERS’ RIGHTS 25.05.420 25.05.425 25.05.430 25.05.435 25.05.440 25.05.445 25.05.450 25.05.455 25.05.460 25.05.465 25.05.470 25.05.475 Definitions. Partner—Dissent—Payment of fair value. Dissenters’ rights—Notice—Timing. Partner—Dissent—Voting restriction. Partners—Dissenters’ notice—Requirements. Partner—Payment demand—Entitlement. Partners’ interests—Transfer restriction. Payment of fair value—Requirements for compliance. Merger—Not effective within sixty days—Transfer restrictions. Dissenter’s estimate of fair value—Notice. Unsettled demand for payment—Proceeding—Parties— Appraisers. Unsettled demand for payment—Costs—Fees and expenses of counsel. ARTICLE 11 LIMITED LIABILITY PARTNERSHIP 25.05.500 25.05.505 25.05.510 Formation—Registration—Application—Fee—Forms. Name. Rendering professional services. ARTICLE 12 FOREIGN LIMITED LIABILITY PARTNERSHIP 25.05.550 25.05.555 25.05.560 25.05.565 25.05.570 Law governing foreign limited liability partnership. Statement of foreign qualification. Effect of failure to qualify. Activities not constituting transacting business. Action by attorney general. ARTICLE 13 MISCELLANEOUS PROVISIONS 25.05.901 25.05.902 25.05.903 25.05.904 25.05.905 25.05.906 25.05.907 Dates of applicability. Establishment of filing fees and miscellaneous charges—Secretary of state. Authority to adopt rules—Secretary of state. Uniformity of application and construction—1998 c 103. Short title—1998 c 103. Severability clause—1998 c 103. Savings clause—1998 c 103. [Title 25 RCW—page 2] ARTICLE 1 GENERAL PROVISIONS 25.05.005 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise: (1) "Business" includes every trade, occupation, and profession. (2) "Debtor in bankruptcy" means a person who is the subject of: (a) An order for relief under Title 11 of the United States Code or a comparable order under a successor statute of general application; or (b) A comparable order under federal, state, or foreign law governing insolvency. (3) "Distribution" means a transfer of money or other property from a partnership to a partner in the partner’s capacity as a partner or to the partner’s transferee. (4) "Foreign limited liability partnership" means a partnership that: (a) Is formed under laws other than the laws of this state; and (b) Has the status of a limited liability partnership under those laws. (5) "Limited liability partnership" means a partnership that has filed *a statement of qualification under RCW 25.05.500 and does not have a similar statement in effect in any other jurisdiction. (6) "Partnership" means an association of two or more persons to carry on as co-owners a business for profit formed under RCW 25.05.055, predecessor law, or comparable law of another jurisdiction. (7) "Partnership agreement" means the agreement, whether written, oral, or implied, among the partners concerning the partnership, including amendments to the partnership agreement. (8) "Partnership at will" means a partnership in which the partners have not agreed to remain partners until the expiration of a definite term or the completion of a particular undertaking. (9) "Partnership interest" or "partner’s interest in the partnership" means all of a partner’s interests in the partnership, including the partner’s transferable interest and all management and other rights. (10) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (11) "Property" means all property, real, personal, or mixed, tangible or intangible, or any interest therein. (12) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. (13) "Statement" means a statement of partnership authority under RCW 25.05.110, a statement of denial under RCW 25.05.115, a statement of dissociation under RCW 25.05.265, a statement of dissolution under RCW 25.05.320, or an amendment or cancellation of any statement under these sections. 25.05.005 (2008 Ed.) Revised Uniform Partnership Act (14) "Transfer" includes an assignment, conveyance, lease, mortgage, deed, and encumbrance. [1998 c 103 § 101.] *Reviser’s note: The phrase "a statement of qualification" appears erroneous. The phrase "an application" was apparently intended. 25.05.010 Knowledge and notice. (1) A person knows a fact if the person has actual knowledge of it. (2) A person has notice of a fact if the person: (a) Knows of it; (b) Has received a notification of it; or (c) Has reason to know it exists from all of the facts known to the person at the time in question. (3) A person notifies or gives a notification to another by taking steps reasonably required to inform the other person in ordinary course, whether or not the other person learns of it. (4) A person receives a notification when the notification: (a) Comes to the person’s attention; or (b) Is duly delivered at the person’s place of business or at any other place held out by the person as a place for receiving communications. (5) Except as otherwise provided in subsection (6) of this section, a person other than an individual knows, has notice, or receives a notification of a fact for purposes of a particular transaction when the individual conducting the transaction knows, has notice, or receives a notification of the fact, or in any event when the fact would have been brought to the individual’s attention if the person had exercised reasonable diligence. The person exercises reasonable diligence if the person maintains reasonable routines for communicating significant information to the individual conducting the transaction and there is reasonable compliance with the routines. Reasonable diligence does not require an individual acting for the person to communicate information unless the communication is part of the individual’s regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information. (6) A partner’s knowledge, notice, or receipt of a notification of a fact relating to the partnership is effective immediately as knowledge by, notice to, or receipt of a notification by the partnership, except in the case of a fraud on the partnership committed by or with the consent of that partner. [1998 c 103 § 102.] 25.05.010 25.05.015 Effect of partnership agreement—Nonwaivable provisions. (1) Except as otherwise provided in subsection (2) of this section, relations among the partners and between the partners and the partnership are governed by the partnership agreement. To the extent the partnership agreement does not otherwise provide, this chapter governs relations among the partners and between the partners and the partnership. (2) The partnership agreement may not: (a) Vary the rights and duties under RCW 25.05.025 except to eliminate the duty to provide copies of statements to all of the partners; (b) Unreasonably restrict the right of access to books and records under RCW 25.05.160(2); (c) Eliminate the duty of loyalty under RCW 25.05.165(2) or 25.05.235(2)(c), but, if not manifestly unreasonable: 25.05.015 (2008 Ed.) 25.05.030 (i) The partnership agreement may identify specific types or categories of activities that do not violate the duty of loyalty; or (ii) All of the partners or a number or percentage specified in the partnership agreement may authorize or ratify, after full disclosure of all material facts, a specific act or transaction that otherwise would violate the duty of loyalty; (d) Unreasonably reduce the duty of care under RCW 25.05.165(3) or 25.05.235(2)(c); (e) Eliminate the obligation of good faith and fair dealing under RCW 25.05.165(4), but the partnership agreement may prescribe the standards by which the performance of the obligation is to be measured, if the standards are not manifestly unreasonable; (f) Vary the power to dissociate as a partner under RCW 25.05.230(1), except to require the notice under RCW 25.05.225(1) to be in writing; (g) Vary the right of a court to expel a partner in the events specified in RCW 25.05.225(5); (h) Vary the requirement to wind up the partnership business in cases specified in RCW 25.05.300 (4), (5), or (6); (i) Vary the law applicable to a limited liability partnership under RCW 25.05.030(2); or (j) Restrict rights of third parties under this chapter. [1998 c 103 § 103.] 25.05.020 Supplemental principles of law. (1) Unless displaced by particular provisions of this chapter, the principles of law and equity supplement this chapter. (2) If an obligation to pay interest arises under this chapter and the rate is not specified, the rate is that specified in RCW 19.52.010(1). [1998 c 103 § 104.] 25.05.020 25.05.025 Execution and filing of statements. (1) A statement may be filed in the office of the secretary of state. A certified copy of a statement that is filed in an office in another state may be filed in the office of the secretary of state. Either filing has the effect provided in this chapter with respect to partnership property located in or transactions that occur in this state. (2) A statement filed by a partnership must be executed by at least two partners. Other statements must be executed by a partner or other person authorized by this chapter. An individual who executes a statement as, or on behalf of, a partner or other person shall personally declare under penalty of perjury that the contents of the statement are accurate. (3) A person authorized by this chapter to file a statement may amend or cancel the statement by filing an amendment or cancellation that names the partnership, identifies the statement, and states the substance of the amendment or cancellation. (4) A person who files a statement pursuant to this section shall promptly send a copy of the statement to every nonfiling partner and to any other person named as a partner in the statement. Failure to send a copy of a statement to a partner or other person does not limit the effectiveness of the statement as to a person not a partner. [1998 c 103 § 105.] 25.05.025 25.05.030 Governing law. (1) Except as otherwise provided in subsection (2) of this section, the law of the jurisdic25.05.030 [Title 25 RCW—page 3] 25.05.035 Title 25 RCW: Partnerships tion in which a partnership has its chief executive office governs relations among the partners and the partnership. (2) The law of this state governs relations among the partners and the partnership and the liability of partners for an obligation of a limited liability partnership. [1998 c 103 § 106.] 25.05.035 25.05.035 Partnership subject to amendment or repeal of chapter. A partnership governed by this chapter is subject to any amendment to or repeal of this chapter. [1998 c 103 § 107.] ARTICLE 2 NATURE OF PARTNERSHIP 25.05.050 25.05.050 Partnership as entity. (1) A partnership is an entity distinct from its partners. (2) A limited liability partnership continues to be the same entity that existed before the filing of an application under RCW 25.05.500(2). [2000 c 169 § 10; 1998 c 103 § 201.] 25.05.055 25.05.055 Formation of partnership. (1) Except as otherwise provided in subsection (2) of this section, the association of two or more persons to carry on as co-owners a business for profit forms a partnership, whether or not the persons intend to form a partnership. (2) An association formed under a statute other than this chapter, a predecessor statute, or a comparable statute of another jurisdiction is not a partnership under this chapter. (3) In determining whether a partnership is formed, the following rules apply: (a) Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common property, or part ownership does not by itself establish a partnership, even if the coowners share profits made by the use of the property; (b) The sharing of gross returns does not by itself establish a partnership, even if the persons sharing them have a joint or common right or interest in property from which the returns are derived; and (c) A person who receives a share of the profits of a business is presumed to be a partner in the business, unless the profits were received in payment: (i) Of a debt by installments or otherwise; (ii) For services as an independent contractor or of wages or other compensation to an employee; (iii) Of rent; (iv) Of an annuity or other retirement or health benefit to a beneficiary, representative, or designee of a deceased or retired partner; (v) Of interest or other charge on a loan, even if the amount of payment varies with the profits of the business, including a direct or indirect present or future ownership of the collateral, or rights to income, proceeds, or increase in value derived from the collateral; or (vi) For the sale of the goodwill of a business or other property by installments or otherwise. [1998 c 103 § 202.] [Title 25 RCW—page 4] 25.05.060 Partnership property. Property acquired by a partnership is property of the partnership and not of the partners individually. [1998 c 103 § 203.] 25.05.060 25.05.065 When property is partnership property. (1) Property is partnership property if acquired in the name of: (a) The partnership; or (b) One or more partners with an indication in the instrument transferring title to the property of the person’s capacity as a partner or of the existence of a partnership, whether or not there is an indication of the name of the partnership. (2) Property is acquired in the name of the partnership by a transfer to: (a) The partnership in its name; or (b) One or more partners in their capacity as partners in the partnership, if the name of the partnership is indicated in the instrument transferring title to the property. (3) Property is presumed to be partnership property if purchased with partnership assets, even if not acquired in the name of the partnership or of one or more partners with an indication in the instrument transferring title to the property of the person’s capacity as a partner or of the existence of a partnership. (4) Property acquired in the name of one or more of the partners, without an indication in the instrument transferring title to the property of the person’s capacity as a partner or of the existence of a partnership and without use of partnership assets, is presumed to be separate property, even if used for partnership purposes. [1998 c 103 § 204.] 25.05.065 ARTICLE 3 RELATIONS OF PARTNERS TO PERSONS DEALING WITH PARTNERSHIP 25.05.100 Partner agent of partnership. Subject to the effect of a statement of partnership authority under RCW 25.05.110: (1) Each partner is an agent of the partnership for the purpose of its business. An act of a partner, including the execution of an instrument in the partnership name, for apparently carrying on in the ordinary course the partnership business or business of the kind carried on by the partnership binds the partnership, unless the partner had no authority to act for the partnership in the particular matter and the person with whom the partner was dealing knew or had received a notification that the partner lacked authority. (2) An act of a partner which is not apparently for carrying on in the ordinary course the partnership business or business of the kind carried on by the partnership binds the partnership only if the act was authorized by the other partners. [1998 c 103 § 301.] 25.05.100 25.05.105 Transfer of partnership property. (1) Partnership property may be transferred as follows: (a) Subject to the effect of a statement of partnership authority under RCW 25.05.110, partnership property held in the name of the partnership may be transferred by an instrument of transfer executed by a partner in the partnership name; 25.05.105 (2008 Ed.) Revised Uniform Partnership Act (b) Partnership property held in the name of one or more partners with an indication in the instrument transferring the property to them of their capacity as partners or of the existence of a partnership, but without an indication of the name of the partnership, may be transferred by an instrument of transfer executed by the persons in whose name the property is held; or (c) Partnership property held in the name of one or more persons other than the partnership, without an indication in the instrument transferring the property to them of their capacity as partners or of the existence of a partnership, may be transferred by an instrument of transfer executed by the persons in whose name the property is held. (2) A partnership may recover partnership property from a transferee only if it proves that execution of the instrument of initial transfer did not bind the partnership under RCW 25.05.100, and: (a) As to a subsequent transferee who gave value for property transferred under subsection (1)(a) and (b) of this section, proves that the subsequent transferee knew or had received a notification that the person who executed the instrument of initial transfer lacked authority to bind the partnership; or (b) As to a transferee who gave value for property transferred under subsection (1)(c) of this section, proves that the transferee knew or had received a notification that the property was partnership property and that the person who executed the instrument of initial transfer lacked authority to bind the partnership. (3) A partnership may not recover partnership property from a subsequent transferee if the partnership would not have been entitled to recover the property, under subsection (2) of this section, from any earlier transferee of the property. (4) If a person holds all of the partners’ interests in the partnership, all of the partnership property vests in that person. The person may execute a document in the name of the partnership to evidence vesting of the property in that person and may file or record the document. [1998 c 103 § 302.] 25.05.110 Statement of partnership authority. (1) A partnership may file a statement of partnership authority, which: (a) Must include: (i) The name of the partnership; and (ii) The street address of its chief executive office and of one office in this state, if there is one; and (b) May state the names of all of the partners, the names of the partners authorized to execute an instrument transferring real property held in the name of the partnership, the authority, or limitations on the authority, of some or all of the partners to enter into other transactions on behalf of the partnership and any other matter. (2) A grant of authority contained in a filed statement of partnership authority is conclusive in favor of a person not a partner who gives value without knowledge to the contrary, so long as and to the extent that a limitation on that authority is not then contained in a subsequently filed statement. A filed cancellation of a limitation on authority revives the previous grant of authority. (3) A person not a partner is deemed to know of a limitation on the authority of a partner to transfer real property held 25.05.110 (2008 Ed.) 25.05.125 in the name of the partnership if the limitation is contained in a filed statement of partnership authority. (4) Except as otherwise provided in subsection (3) of this section and RCW 25.05.265 and 25.05.320, a person not a partner is not deemed to know of a limitation on the authority of a partner merely because the limitation is contained in a filed statement. (5) Unless earlier canceled, a filed statement of partnership authority is canceled by operation of law five years after the date on which the statement, or the most recent amendment, was filed with the secretary of state. [1998 c 103 § 303.] 25.05.115 Statement of denial. A partner, or other person named as a partner in a filed statement of partnership authority, may file a statement of denial stating the name of the partnership and the fact that is being denied, which may include denial of a person’s authority or status as a partner. A statement of denial is a limitation on authority as provided in RCW 25.05.110 (2) and (3). [1998 c 103 § 304.] 25.05.115 25.05.120 Partnership liable for partner’s actionable conduct. (1) A partnership is liable for loss or injury caused to a person, or for a penalty incurred, as a result of a wrongful act or omission, or other actionable conduct, of a partner acting in the ordinary course of business of the partnership or with authority of the partnership. (2) If, in the course of the partnership’s business or while acting with authority of the partnership, a partner receives or causes the partnership to receive money or property of a person not a partner, and the money or property is misapplied by a partner, the partnership is liable for the loss. [1998 c 103 § 305.] 25.05.120 25.05.125 Partner’s liability. (1) Except as otherwise provided in subsections (2), (3), and (4) of this section, all partners are liable jointly and severally for all obligations of the partnership unless otherwise agreed by the claimant or provided by law. (2) A person admitted as a partner into an existing partnership is not personally liable for any partnership obligation incurred before the person’s admission as a partner. (3) Except as otherwise provided in subsection (4) of this section, an obligation of a partnership incurred while the partnership is a limited liability partnership, whether arising in contract, tort, or otherwise, is solely the obligation of the partnership. A partner is not personally liable, directly or indirectly, by way of contribution or otherwise, for such an obligation solely by reason of being or so acting as a partner. This subsection applies notwithstanding anything inconsistent in the partnership agreement that existed, in the case of a limited liability partnership in existence on June 11, 1998, and, in the case of a partnership becoming a limited liability partnership after June 11, 1998, immediately before the vote required to become a limited liability partnership under RCW 25.05.500(1). (4) If the partners of a limited liability partnership or a foreign limited liability partnership are required to be licensed to provide professional services as defined in RCW 18.100.030, and the partnership fails to maintain for itself and 25.05.125 [Title 25 RCW—page 5] 25.05.130 Title 25 RCW: Partnerships for its members practicing in this state a policy of professional liability insurance, bond, deposit in trust, bank escrow of cash, bank certificates of deposit, United States treasury obligations, bank letter of credit, insurance company bond, or other evidence of financial responsibility of a kind designated by rule by the state insurance commissioner and in the amount of at least one million dollars or such greater amount, not to exceed three million dollars, as the state insurance commissioner may establish by rule for a licensed profession or for any specialty within a profession, taking into account the nature and size of the businesses within the profession or specialty, then the partners shall be personally liable to the extent that, had such insurance, bond, deposit in trust, bank escrow of cash, bank certificates of deposit, United States treasury obligations, bank letter of credit, insurance company bond, or other evidence of responsibility been maintained, it would have covered the liability in question. [1998 c 103 § 306.] 25.05.130 Actions by and against partnership and partners. (1) A partnership may sue and be sued in the name of the partnership. (2) An action may be brought against the partnership and, to the extent not inconsistent with RCW 25.05.125, any or all of the partners in the same action or in separate actions. (3) A judgment against a partnership is not by itself a judgment against a partner. A judgment against a partnership may not be satisfied from a partner’s assets unless there is also a judgment against the partner. (4) A judgment creditor of a partner may not levy execution against the assets of the partner to satisfy a judgment based on a claim against the partnership unless the partner is personally liable for the claim under RCW 25.05.125, and: (a) A judgment based on the same claim has been obtained against the partnership and a writ of execution on the judgment has been returned unsatisfied in whole or in part; (b) The partnership is a debtor in bankruptcy; (c) The partner has agreed that the creditor need not exhaust partnership assets; (d) A court grants permission to the judgment creditor to levy execution against the assets of a partner based on a finding that partnership assets subject to execution are clearly insufficient to satisfy the judgment, that exhaustion of partnership assets is excessively burdensome, or that the grant of permission is an appropriate exercise of the court’s equitable powers; or (e) Liability is imposed on the partner by law or contract independent of the existence of the partnership. (5) This section applies to any partnership liability or obligation resulting from a representation by a partner or purported partner under RCW 25.05.135. [1998 c 103 § 307.] 25.05.130 25.05.135 Liability of purported partner. (1) If a person, by words or conduct, purports to be a partner, or consents to being represented by another as a partner, in a partnership or with one or more persons not partners, the purported partner is liable to a person to whom the representation is made, if that person, relying on the representation, enters into a transaction with the actual or purported partnership. If 25.05.135 [Title 25 RCW—page 6] the representation, either by the purported partner or by a person with the purported partner’s consent, is made in a public manner, the purported partner is liable to a person who relies upon the purported partnership even if the purported partner is not aware of being held out as a partner to the claimant. If partnership liability results, the purported partner is liable with respect to that liability as if the purported partner were a partner. If no partnership liability results, the purported partner is liable with respect to that liability jointly and severally with any other person consenting to the representation. (2) If a person is thus represented to be a partner in an existing partnership, or with one or more persons not partners, the purported partner is an agent of persons consenting to the representation to bind them to the same extent and in the same manner as if the purported partner were a partner, with respect to persons who enter into transactions in reliance upon the representation. If all of the partners of the existing partnership consent to the representation, a partnership act or obligation results. If fewer than all of the partners of the existing partnership consent to the representation, the person acting and the partners consenting to the representation are jointly and severally liable. (3) A person is not liable as a partner merely because the person is named by another in a statement of partnership authority. (4) A person does not continue to be liable as a partner merely because of a failure to file a statement of dissociation or to amend a statement of partnership authority to indicate the partner’s dissociation from the partnership. (5) Except as otherwise provided in subsections (1) and (2) of this section, persons who are not partners as to each other are not liable as partners to other persons. [1998 c 103 § 308.] ARTICLE 4 RELATIONS OF PARTNERS TO EACH OTHER AND TO PARTNERSHIP 25.05.150 Partner’s rights and duties. (1) Each partner is deemed to have an account that is: (a) Credited with an amount equal to the money plus the value of any other property, net of the amount of any liabilities, the partner contributes to the partnership and the partner’s share of the partnership profits; and (b) Charged with an amount equal to the money plus the value of any other property, net of the amount of any liabilities, distributed by the partnership to the partner and the partner’s share of the partnership losses. (2) Each partner is entitled to an equal share of the partnership profits and is chargeable with a share of the partnership losses in proportion to the partner’s share of the profits. (3) A partnership shall reimburse a partner for payments made and indemnify a partner for liabilities incurred by the partner in the ordinary course of the business of the partnership or for the preservation of its business or property. (4) A partnership shall reimburse a partner for an advance to the partnership beyond the amount of capital the partner agreed to contribute. (5) A payment or advance made by a partner which gives rise to a partnership obligation under subsection (3) or (4) of 25.05.150 (2008 Ed.) Revised Uniform Partnership Act this section constitutes a loan to the partnership which accrues interest from the date of the payment or advance. (6) Each partner has equal rights in the management and conduct of the partnership business. (7) A partner may use or possess partnership property only on behalf of the partnership. (8) A partner is not entitled to remuneration for services performed for the partnership, except for reasonable compensation for services rendered in winding up the business of the partnership. (9) A person may become a partner only with the consent of all of the partners. (10) A difference arising as to a matter in the ordinary course of business of a partnership may be decided by a majority of the partners. An act outside the ordinary course of business of a partnership and an amendment to the partnership agreement may be undertaken only with the consent of all of the partners. (11) This section does not affect the obligations of a partnership to other persons under RCW 25.05.100. [1998 c 103 § 401.] 25.05.155 Distributions in kind. A partner has no right to receive, and may not be required to accept, a distribution in kind. [1998 c 103 § 402.] 25.05.155 25.05.160 Partner’s rights and duties with respect to information. (1) A partnership shall keep its books and records, if any, at its chief executive office. (2) A partnership shall provide partners and their agents and attorneys access to its books and records. It shall provide former partners and their agents and attorneys access to books and records pertaining to the period during which they were partners. The right of access provides the opportunity to inspect and copy books and records during ordinary business hours. A partnership may impose a reasonable charge, covering the costs of labor and material, for copies of documents furnished. (3) Each partner and the partnership shall furnish to a partner, and to the legal representative of a deceased partner or partner under legal disability: (a) Without demand, any information concerning the partnership’s business and affairs reasonably required for the proper exercise of the partner’s rights and duties under the partnership agreement or this chapter; and (b) On demand, any other information concerning the partnership’s business and affairs, except to the extent the demand or the information demanded is unreasonable or otherwise improper under the circumstances. [1998 c 103 § 403.] 25.05.160 25.05.165 General standards of partner’s conduct. (1) The only fiduciary duties a partner owes to the partnership and the other partners are the duty of loyalty and the duty of care set forth in subsections (2) and (3) of this section. (2) A partner’s duty of loyalty to the partnership and the other partners is limited to the following: (a) To account to the partnership and hold as trustee for it any property, profit, or benefit derived by the partner in the conduct and winding up of the partnership business or 25.05.165 (2008 Ed.) 25.05.170 derived from a use by the partner of partnership property, including the appropriation of a partnership opportunity; (b) To refrain from dealing with the partnership in the conduct or winding up of the partnership business as or on behalf of a party having an interest adverse to the partnership; and (c) To refrain from competing with the partnership in the conduct of the partnership business before the dissolution of the partnership. (3) A partner’s duty of care to the partnership and the other partners in the conduct and winding up of the partnership business is limited to refraining from engaging in grossly negligent or reckless conduct, intentional misconduct, or a knowing violation of law. (4) A partner shall discharge the duties to the partnership and the other partners under this chapter or under the partnership agreement and exercise any rights consistently with the obligation of good faith and fair dealing. (5) A partner does not violate a duty or obligation under this chapter or under the partnership agreement merely because the partner’s conduct furthers the partner’s own interest. (6) A partner may lend money to and transact other business with the partnership, and as to each loan or transaction the rights and obligations of the partner are the same as those of a person who is not a partner, subject to other applicable law. (7) This section applies to a person winding up the partnership business as the personal or legal representative of the last surviving partner as if the person were a partner. [1998 c 103 § 404.] 25.05.170 Actions by partnership and partners. (1) A partnership may maintain an action against a partner for a breach of the partnership agreement, or for the violation of a duty to the partnership, causing harm to the partnership. (2) A partner may maintain an action against the partnership or another partner for legal or equitable relief, with or without an accounting as to partnership business, to: (a) Enforce the partner’s rights under the partnership agreement; (b) Enforce the partner’s rights under this chapter, including: (i) The partner’s rights under RCW 25.05.150, 25.05.160, or 25.05.165; (ii) The partner’s right on dissociation to have the partner’s interest in the partnership purchased pursuant to RCW 25.05.250 or enforce any other right under article 6 or 7 of this chapter; or (iii) The partner’s right to compel a dissolution and winding up of the partnership business under RCW 25.05.300 or enforce any other right under article 8 of this chapter; or (c) Enforce the rights and otherwise protect the interests of the partner, including rights and interests arising independently of the partnership relationship. (3) The accrual of, and any time limitation on, a right of action for a remedy under this section is governed by other law. A right to an accounting upon a dissolution and winding up does not revive a claim barred by law. [1998 c 103 § 405.] 25.05.170 [Title 25 RCW—page 7] 25.05.175 Title 25 RCW: Partnerships 25.05.175 Continuation of partnership beyond definite term or particular undertaking. (1) If a partnership for a definite term or particular undertaking is continued, without an express agreement, after the expiration of the term or completion of the undertaking, the rights and duties of the partners remain the same as they were at the expiration or completion, so far as is consistent with a partnership at will. (2) If the partners, or those of them who habitually acted in the business during the term or undertaking, continue the business without any settlement or liquidation of the partnership, they are presumed to have agreed that the partnership will continue. [1998 c 103 § 406.] 25.05.175 ARTICLE 5 TRANSFEREES AND CREDITORS OF PARTNER 25.05.200 Partner not co-owner of partnership property. A partner is not a co-owner of partnership property and has no interest in partnership property which can be transferred, either voluntarily or involuntarily. [1998 c 103 § 501.] 25.05.200 25.05.205 Partner’s transferable interest in partnership. The only transferable interest of a partner in the partnership is the partner’s share of the profits and losses of the partnership and the partner’s right to receive distributions. The interest is personal property. [1998 c 103 § 502.] 25.05.205 25.05.210 Transfer of partner’s transferable interest. (1) A transfer, in whole or in part, of a partner’s transferable interest in the partnership: (a) Is permissible; (b) Does not by itself cause the partner’s dissociation or a dissolution and winding up of the partnership business; and (c) Does not, as against the other partners or the partnership, entitle the transferee, during the continuance of the partnership, to participate in the management or conduct of the partnership business, to require access to information concerning partnership transactions, or to inspect or copy the partnership books or records. (2) A transferee of a partner’s transferable interest in the partnership has a right: (a) To receive, in accordance with the transfer, allocations of profits and losses of the partnership and distributions to which the transferor would otherwise be entitled; (b) To receive upon the dissolution and winding up of the partnership business, in accordance with the transfer, the net amount otherwise distributable to the transferor; and (c) To seek under RCW 25.05.300(6) a judicial determination that it is equitable to wind up the partnership business. (3) In a dissolution and winding up, a transferee is entitled to an account of partnership transactions only from the date of the latest account agreed to by all of the partners. (4) Upon transfer, the transferor retains the rights and duties of a partner other than the interest in profits and losses of the partnership and distributions transferred. (5) A partnership need not give effect to a transferee’s rights under this section until it has notice of the transfer. (6) A transfer of a partner’s transferable interest in the partnership in violation of a restriction on transfer contained in the partnership agreement is ineffective as to a person hav25.05.210 [Title 25 RCW—page 8] ing notice of the restriction at the time of transfer. [1998 c 103 § 503.] 25.05.215 Partner’s transferable interest subject to charging order. (1) On application by a judgment creditor of a partner or of a partner’s transferee, a court having jurisdiction may charge the transferable interest of the judgment debtor to satisfy the judgment. The court may appoint a receiver of the share of the distributions due or to become due to the judgment debtor in respect of the partnership and make all other orders, directions, accounts, and inquiries the judgment debtor might have made or which the circumstances of the case may require. (2) A charging order constitutes a lien on the judgment debtor’s transferable interest in the partnership. The court may order a foreclosure of the interest subject to the charging order at any time. The purchaser at the foreclosure sale has the rights of a transferee. (3) At any time before foreclosure, an interest charged may be redeemed: (a) By the judgment debtor; (b) With property other than partnership property, by one or more of the other partners; or (c) With partnership property, by one or more of the other partners with the consent of all of the partners whose interests are not so charged. (4) This chapter does not deprive a partner of a right under exemption laws with respect to the interest in the partnership. (5) This section provides the exclusive remedy by which a judgment creditor of a partner or partner’s transferee may satisfy a judgment out of the judgment debtor’s transferable interest in the partnership. [1998 c 103 § 504.] 25.05.215 ARTICLE 6 PARTNER’S DISSOCIATION 25.05.225 Events causing partner’s dissociation. A partner is dissociated from a partnership upon the occurrence of any of the following events: (1) The partnership’s having notice of the partner’s express will to withdraw as a partner or on a later date specified by the partner; (2) An event agreed to in the partnership agreement as causing the partner’s dissociation; (3) The partner’s expulsion pursuant to the partnership agreement; (4) The partner’s expulsion by the unanimous vote of the other partners if: (a) It is unlawful to carry on the partnership business with that partner; (b) There has been a transfer of all or substantially all of that partner’s transferable interest in the partnership, other than a transfer for security purposes or a court order charging the partner’s interest which, in either case, has not been foreclosed; (c) Within ninety days after the partnership notifies a corporate partner that it will be expelled because it has filed articles of dissolution, it has been administratively or judicially dissolved, or its right to conduct business has been suspended by the jurisdiction of its incorporation, and there is no 25.05.225 (2008 Ed.) Revised Uniform Partnership Act revocation of the articles of dissolution, no reinstatement following its administrative dissolution, or reinstatement of its right to conduct business by the jurisdiction of its incorporation, as applicable; or (d) A partnership or limited liability company that is a partner has been dissolved and its business is being wound up; (5) On application by the partnership or another partner, the partner’s expulsion by judicial determination because: (a) The partner engaged in wrongful conduct that adversely and materially affected the partnership business; (b) The partner willfully or persistently committed a material breach of the partnership agreement or of a duty owed to the partnership or the other partners under RCW 25.05.165; or (c) The partner engaged in conduct relating to the partnership business which makes it not reasonably practicable to carry on the business in partnership with the partner; (6) The partner’s: (a) Becoming a debtor in bankruptcy; (b) Executing an assignment for the benefit of creditors; (c) Seeking, consenting to, or acquiescing in the appointment of a trustee, receiver, or liquidator of that partner or of all or substantially all of that partner’s property; or (d) Failing, within ninety days after the appointment, to have vacated or stayed the appointment of a trustee, receiver, or liquidator of the partner or of all or substantially all of the partner’s property obtained without the partner’s consent or acquiescence, or failing within ninety days after the expiration of a stay to have the appointment vacated; (7) In the case of a partner who is an individual: (a) The partner’s death; (b) The appointment of a guardian or general conservator for the partner; or (c) A judicial determination that the partner has otherwise become incapable of performing the partner’s duties under the partnership agreement; (8) In the case of a partner that is a trust or is acting as a partner by virtue of being a trustee of a trust, distribution of the trust’s entire transferable interest in the partnership, but not merely by reason of the substitution of a successor trustee; (9) In the case of a partner that is an estate or is acting as a partner by virtue of being a personal representative of an estate, distribution of the estate’s entire transferable interest in the partnership, but not merely by reason of the substitution of a successor personal representative; or (10) Termination of a partner who is not an individual, partnership, corporation, limited liability company, trust, or estate. [2000 c 169 § 11; 1998 c 103 § 601.] 25.05.230 Partner’s power to dissociate—Wrongful dissociation. (1) A partner has the power to dissociate at any time, rightfully or wrongfully, by express will pursuant to RCW 25.05.225(1). (2) A partner’s dissociation is wrongful only if: (a) It is in breach of an express provision of the partnership agreement; or (b) In the case of a partnership for a definite term or particular undertaking, before the expiration of the term or the completion of the undertaking: 25.05.230 (2008 Ed.) 25.05.250 (i) The partner withdraws by express will, unless the withdrawal follows within ninety days after another partner’s dissociation by death or otherwise under RCW 25.05.225 (6) through (10) or wrongful dissociation under this subsection; (ii) The partner is expelled by judicial determination under RCW 25.05.225(5); (iii) The partner is dissociated as the result of an event described in RCW 25.05.225(6); or (iv) In the case of a partner who is not an individual, trust other than a business trust, or estate, the partner is expelled or otherwise dissociated because it willfully dissolved or terminated. (3) A partner who wrongfully dissociates is liable to the partnership and to the other partners for damages caused by the dissociation. The liability is in addition to any other obligation of the partner to the partnership or to the other partners. [1998 c 103 § 602.] 25.05.235 Effect of partner’s dissociation. (1) If a partner’s dissociation results in a dissolution and winding up of the partnership business, article 8 of this chapter applies; otherwise, article 7 of this chapter applies. (2) Upon a partner’s dissociation: (a) The partner’s right to participate in the management and conduct of the partnership business terminates, except as otherwise provided in RCW 25.05.310; (b) The partner’s duty of loyalty under RCW 25.05.165(2)(c) terminates; and (c) The partner’s duty of loyalty under RCW 25.05.165(2) (a) and (b) and duty of care under RCW 25.05.165(3) continue only with regard to matters arising and events occurring before the partner’s dissociation, unless the partner participates in winding up the partnership’s business pursuant to RCW 25.05.310. [1998 c 103 § 603.] 25.05.235 ARTICLE 7 PARTNER’S DISSOCIATION WHEN BUSINESS NOT WOUND UP 25.05.250 Purchase of dissociated partner’s interest. (1) If a partner is dissociated from a partnership without resulting in a dissolution and winding up of the partnership business under RCW 25.05.300, the partnership shall cause the dissociated partner’s interest in the partnership to be purchased for a buyout price determined pursuant to subsection (2) of this section. (2) The buyout price of a dissociated partner’s interest is the amount that would have been distributable to the dissociating partner under RCW 25.05.330(2) if, on the date of dissociation, the assets of the partnership were sold at a price equal to the greater of the liquidation value or the value based on a sale of the entire business as a going concern without the dissociated partner and the partnership were wound up as of that date. Interest must be paid from the date of dissociation to the date of payment. (3) Damages for wrongful dissociation under RCW 25.05.230(2), and all other amounts owing, whether or not presently due, from the dissociated partner to the partnership, must be offset against the buyout price. Interest must be paid from the date the amount owed becomes due to the date of payment. 25.05.250 [Title 25 RCW—page 9] 25.05.255 Title 25 RCW: Partnerships (4) A partnership shall indemnify a dissociated partner whose interest is being purchased against all partnership liabilities, whether incurred before or after the dissociation, except liabilities incurred by an act of the dissociated partner under RCW 25.05.255. (5) If no agreement for the purchase of a dissociated partner’s interest is reached within one hundred twenty days after a written demand for payment, the partnership shall pay, or cause to be paid, in cash to the dissociated partner the amount the partnership estimates to be the buyout price and accrued interest, reduced by any offsets and accrued interest under subsection (3) of this section. (6) If a deferred payment is authorized under subsection (8) of this section, the partnership may tender a written offer to pay the amount it estimates to be the buyout price and accrued interest, reduced by any offsets under subsection (3) of this section, stating the time of payment, the amount and type of security for payment, and the other terms and conditions of the obligation. (7) The payment or tender required by subsection (5) or (6) of this section must be accompanied by the following: (a) A statement of partnership assets and liabilities as of the date of dissociation; (b) The latest available partnership balance sheet and income statement, if any; (c) An explanation of how the estimated amount of the payment was calculated; and (d) Written notice that the payment is in full satisfaction of the obligation to purchase unless, within one hundred twenty days after the written notice, the dissociated partner commences an action to determine the buyout price, any offsets under subsection (3) of this section, or other terms of the obligation to purchase. (8) A partner who wrongfully dissociates before the expiration of a definite term or the completion of a particular undertaking is not entitled to payment of any portion of the buyout price until the expiration of the term or completion of the undertaking, unless the partner establishes to the satisfaction of the court that earlier payment will not cause undue hardship to the business of the partnership. A deferred payment must be adequately secured and bear interest. (9) A dissociated partner may maintain an action against the partnership, pursuant to RCW 25.05.170(2)(b)(ii), to determine the buyout price of that partner’s interest, any offsets under subsection (3) of this section, or other terms of the obligation to purchase. The action must be commenced within one hundred twenty days after the partnership has tendered payment or an offer to pay or within one year after written demand for payment if no payment or offer to pay is tendered. The court shall determine the buyout price of the dissociated partner’s interest, any offset due under subsection (3) of this section, and accrued interest, and enter judgment for any additional payment or refund. If deferred payment is authorized under subsection (8) of this section, the court shall also determine the security for payment and other terms of the obligation to purchase. The court may assess reasonable attorneys’ fees and the fees and expenses of appraisers or other experts for a party to the action, in amounts the court finds equitable, against a party that the court finds acted arbitrarily, vexatiously, or not in good faith. The finding may be based on the partnership’s failure to tender payment or an [Title 25 RCW—page 10] offer to pay or to comply with subsection (7) of this section. [1998 c 103 § 701.] 25.05.255 Dissociated partner’s power to bind and liability to partnership. (1) For two years after a partner dissociates without resulting in a dissolution and winding up of the partnership business, the partnership, including a surviving partnership under article 9 of this chapter, is bound by an act of the dissociated partner which would have bound the partnership under RCW 25.05.100 before dissociation only if at the time of entering into the transaction the other party: (a) Reasonably believed that the dissociated partner was then a partner; (b) Did not have notice of the partner’s dissociation; and (c) Is not deemed to have had knowledge under RCW 25.05.110(3) or notice under RCW 25.05.265(3). (2) A dissociated partner is liable to the partnership for any damage caused to the partnership arising from an obligation incurred by the dissociated partner after dissociation for which the partnership is liable under subsection (1) of this section. [1998 c 103 § 702.] 25.05.255 25.05.260 Dissociated partner’s liability to other persons. (1) A partner’s dissociation does not of itself discharge the partner’s liability for a partnership obligation incurred before dissociation. A dissociated partner is not liable for a partnership obligation incurred after dissociation, except as otherwise provided in subsection (2) of this section. (2) A partner who dissociates without resulting in a dissolution and winding up of the partnership business is liable as a partner to the other party in a transaction entered into by the partnership, or a surviving partnership under article 9 of this chapter, within two years after the partner’s dissociation, only if the partner is liable for the obligation under RCW 25.05.125 and at the time of entering into the transaction the other party: (a) Reasonably believed that the dissociated partner was then a partner; (b) Did not have notice of the partner’s dissociation; and (c) Is not deemed to have had knowledge under RCW 25.05.110(3) or notice under RCW 25.05.265(3). (3) By agreement with the partnership creditor and the partners continuing the business, a dissociated partner may be released from liability for a partnership obligation. (4) A dissociated partner is released from liability for a partnership obligation if a partnership creditor, with notice of the partner’s dissociation but without the partner’s consent, agrees to a material alteration in the nature or time of payment of a partnership obligation. [1998 c 103 § 703.] 25.05.260 25.05.265 Statement of dissociation. (1) A dissociated partner or the partnership may file a statement of dissociation stating the name of the partnership and that the partner is dissociated from the partnership. (2) A statement of dissociation is a limitation on the authority of a dissociated partner for the purposes of RCW 25.05.110 (2) and (3). (3) For the purposes of RCW 25.05.255(1)(c) and 25.05.260(2)(c), a person not a partner is deemed to have 25.05.265 (2008 Ed.) Revised Uniform Partnership Act notice of the dissociation ninety days after the statement of dissociation is filed. [1998 c 103 § 704.] 25.05.270 Continued use of partnership name. Continued use of a partnership name, or a dissociated partner’s name as part thereof, by partners continuing the business does not of itself make the dissociated partner liable for an obligation of the partners or the partnership continuing the business. [1998 c 103 § 705.] 25.05.320 (b) At any time, if the partnership was a partnership at will at the time of the transfer or entry of the charging order that gave rise to the transfer. [1998 c 103 § 801.] 25.05.270 ARTICLE 8 WINDING UP PARTNERSHIP BUSINESS 25.05.300 Events causing dissolution and winding up of partnership business. A partnership is dissolved, and its business must be wound up, only upon the occurrence of any of the following events: (1) In a partnership at will, the partnership’s having notice from a partner, other than a partner who is dissociated under RCW 25.05.225 (2) through (10), of that partner’s express will to withdraw as a partner, or on a later date specified by the partner; (2) In a partnership for a definite term or particular undertaking: (a) Within ninety days after a partner’s dissociation by death or otherwise under RCW 25.05.225 (6) through (10) or wrongful dissociation under RCW 25.05.230(2) if a majority of the remaining partners decide to wind up the partnership business, and for purposes of this subsection a partner’s rightful dissociation pursuant to RCW 25.05.230(2)(b)(i) constitutes the expression of that partner’s will to wind up the partnership business; (b) The express will of all of the partners to wind up the partnership business; or (c) The expiration of the term or the completion of the undertaking; (3) An event agreed to in the partnership agreement resulting in the winding up of the partnership business; (4) An event that makes it unlawful for all or substantially all of the business of the partnership to be continued, but a cure of illegality within ninety days after notice to the partnership of the event is effective retroactively to the date of the event for purposes of this section; (5) On application by a partner, a judicial determination that: (a) The economic purpose of the partnership is likely to be unreasonably frustrated; (b) Another partner has engaged in conduct relating to the partnership business which makes it not reasonably practicable to carry on the business in partnership with that partner; or (c) It is not otherwise reasonably practicable to carry on the partnership business in conformity with the partnership agreement; or (6) On application by a transferee of a partner’s transferable interest, a judicial determination that it is equitable to wind up the partnership business: (a) After the expiration of the term or completion of the undertaking, if the partnership was for a definite term or particular undertaking at the time of the transfer or entry of the charging order that gave rise to the transfer; or 25.05.300 (2008 Ed.) 25.05.305 Partnership continues after dissolution. (1) Subject to subsection (2) of this section, a partnership continues after dissolution only for the purpose of winding up its business. The partnership is terminated when the winding up of its business is completed. (2) At any time after the dissolution of a partnership and before the winding up of its business is completed, all of the partners, including any dissociating partner other than a wrongfully dissociating partner, may waive the right to have the partnership’s business wound up and the partnership terminated. In that event: (a) The partnership resumes carrying on its business as if dissolution had never occurred, and any liability incurred by the partnership or a partner after the dissolution and before the waiver is determined as if dissolution had never occurred; and (b) The rights of a third party accruing under RCW 25.05.315(1) or arising out of conduct in reliance on the dissolution before the third party knew or received a notification of the waiver may not be adversely affected. [1998 c 103 § 802.] 25.05.305 25.05.310 Right to wind up partnership business. (1) After dissolution, a partner who has not wrongfully dissociated may participate in winding up the partnership’s business, but on application of any partner, partner’s legal representative, or transferee, the superior court, for good cause shown, may order judicial supervision of the winding up. (2) The legal representative of the last surviving partner may wind up a partnership’s business. (3) A person winding up a partnership’s business may preserve the partnership business or property as a going concern for a reasonable time, prosecute and defend actions and proceedings, whether civil, criminal, or administrative, settle and close the partnership’s business, dispose of and transfer the partnership’s property, discharge the partnership’s liabilities, distribute the assets of the partnership pursuant to RCW 25.05.330, settle disputes by mediation or arbitration, and perform other necessary acts. [1998 c 103 § 803.] 25.05.310 25.05.315 Partner’s power to bind partnership after dissolution. Subject to RCW 25.05.320, a partnership is bound by a partner’s act after dissolution that: (1) Is appropriate for winding up the partnership business; or (2) Would have bound the partnership under RCW 25.05.100 before dissolution, if the other party to the transaction did not have notice of the dissolution. [1998 c 103 § 804.] 25.05.315 25.05.320 Statement of dissolution. (1) After dissolution, a partner who has not wrongfully dissociated may file a statement of dissolution stating the name of the partnership and that the partnership has dissolved and is winding up its business. 25.05.320 [Title 25 RCW—page 11] 25.05.325 Title 25 RCW: Partnerships (2) A statement of dissolution cancels all previously filed statements of partnership authority. (3) For the purposes of RCW 25.05.100 and 25.05.315, a person not a partner is deemed to have notice of the dissolution and the limitation on the partners’ authority as a result of the statement of dissolution ninety days after it is filed. (4) After filing a statement of dissolution, a dissolved partnership may file a statement of partnership authority which will operate with respect to a person not a partner as provided in RCW 25.05.110 (2) and (3) in any transaction, whether or not the transaction is appropriate for winding up the partnership business. [1998 c 103 § 805.] 25.05.325 Partner’s liability to other partners after dissolution. (1) Except as otherwise provided in subsection (2) of this section, after dissolution a partner is liable to the other partners for the partner’s share of any partnership liability incurred under RCW 25.05.315. (2) A partner who, with knowledge of the dissolution, incurs a partnership liability under RCW 25.05.315(2) by an act that is not appropriate for winding up the partnership business is liable to the partnership for any damage caused to the partnership arising from the liability. [1998 c 103 § 806.] nership losses, the amount necessary to satisfy partnership obligations that were not known at the time of the settlement and for which the partner is personally liable under RCW 25.05.125. (5) The estate of a deceased partner is liable for the partner’s obligation to contribute to the partnership. (6) An assignee for the benefit of creditors of a partnership or a partner, or a person appointed by a court to represent creditors of a partnership or a partner, may enforce a partner’s obligation to contribute to the partnership. [1998 c 103 § 807.] ARTICLE 9 CONVERSIONS AND MERGERS 25.05.325 25.05.330 Settlement of accounts and contributions among partners. (1) In winding up a partnership’s business, the assets of the partnership, including the contributions of the partners required by this section, must be applied to discharge its obligations to creditors, including, to the extent permitted by law, partners who are creditors. Any surplus must be applied to pay in cash the net amount distributable to partners in accordance with their right to distributions under subsection (2) of this section. (2) Each partner is entitled to a settlement of all partnership accounts upon winding up the partnership business. In settling accounts among the partners, profits and losses that result from the liquidation of the partnership assets must be credited and charged to the partners’ accounts. The partnership shall make a distribution to a partner in an amount equal to any excess of the credits over the charges in the partner’s account. A partner shall contribute to the partnership an amount equal to any excess of the charges over the credits in the partner’s account, except, in the case of a limited liability partnership the partner shall make such contribution only to the extent of his or her share of any unpaid partnership obligations for which the partner has personal liability under RCW 25.05.125. (3) If a partner fails to contribute the full amount required under subsection (2) of this section, all of the other partners shall contribute, in the proportions in which those partners share partnership losses, the additional amount necessary to satisfy the partnership obligations for which they are personally liable under RCW 25.05.125. A partner or partner’s legal representative may recover from the other partners any contributions the partner makes to the extent the amount contributed exceeds that partner’s share of the partnership obligations for which the partner is personally liable under RCW 25.05.125. (4) After the settlement of accounts, each partner shall contribute, in the proportion in which the partner shares part25.05.330 [Title 25 RCW—page 12] 25.05.350 Definitions. The definitions in this article [section] apply throughout this article unless the context clearly requires otherwise: (1) "General partner" means a partner in a partnership and a general partner in a limited partnership. (2) "Limited partner" means a limited partner in a limited partnership. (3) "Limited partnership" means a limited partnership created under the Washington uniform limited partnership act, predecessor law, or comparable law of another jurisdiction. (4) "Partner" includes both a general partner and a limited partner. [1998 c 103 § 901.] 25.05.350 25.05.355 Conversion of partnership to limited partnership. (1) A partnership may be converted to a limited partnership pursuant to this section. (2) The terms and conditions of a conversion of a partnership to a limited partnership must be approved by all of the partners or by a number or percentage specified for conversion in the partnership agreement. (3) After the conversion is approved by the partners, the partnership shall file a certificate of limited partnership in the jurisdiction in which the limited partnership is to be formed. The certificate must include: (a) A statement that the partnership was converted to a limited partnership from a partnership; (b) Its former name; and (c) A statement of the number of votes cast by the partners for and against the conversion and, if the vote is less than unanimous, the number or percentage required to approve the conversion under the partnership agreement. (4) If the partnership was converted to a domestic limited partnership, the certificate must also include: (a) The name of the limited partnership; (b) The address of the office for records and the name and address of the agent for service of process appointed pursuant to RCW 25.10.040; (c) The name and the geographical and mailing address of each general partner; (d) The latest date upon which the limited partnership is to dissolve; and (e) Any other matters the general partners determine to include therein. 25.05.355 (2008 Ed.) Revised Uniform Partnership Act (5) The conversion takes effect when the certificate of limited partnership is filed or at any later date specified in the certificate. (6) A general partner who becomes a limited partner as a result of the conversion remains liable as a general partner for an obligation incurred by the partnership before the conversion takes effect. If the other party to a transaction with the limited partnership reasonably believes when entering the transaction that the limited partner is a general partner, the limited partner is liable for an obligation incurred by the limited partnership within ninety days after the conversion takes effect. The limited partner’s liability for all other obligations of the limited partnership incurred after the conversion takes effect is that of a limited partner as provided in the Washington uniform limited partnership act. [1998 c 103 § 902.] 25.05.360 Conversion of limited partnership to partnership. (1) A limited partnership may be converted to a partnership pursuant to this section. (2) Notwithstanding a provision to the contrary in a limited partnership agreement, the terms and conditions of a conversion of a limited partnership to a partnership must be approved by all of the partners. (3) After the conversion is approved by the partners, the limited partnership shall cancel its certificate of limited partnership. (4) The conversion takes effect when the certificate of limited partnership is canceled. (5) A limited partner who becomes a general partner as a result of the conversion remains liable only as a limited partner for an obligation incurred by the limited partnership before the conversion takes effect. Except as otherwise provided in RCW 25.05.125, the partner is liable as a general partner for an obligation of the partnership incurred after the conversion takes effect. [1998 c 103 § 903.] 25.05.360 25.05.365 Effect of conversion—Entity unchanged. (1) A partnership or limited partnership that has been converted pursuant to this article is for all purposes the same entity that existed before the conversion. (2) When a conversion takes effect: (a) All property owned by the converting partnership or limited partnership remains vested in the converted entity; (b) All obligations of the converting partnership or limited partnership continue as obligations of the converted entity; and (c) An action or proceeding pending against the converting partnership or limited partnership may be continued as if the conversion had not occurred. [1998 c 103 § 904.] 25.05.365 25.05.370 Merger of partnerships. (1) One or more domestic partnerships may merge with one or more domestic partnerships, domestic limited partnerships, domestic limited liability companies, or domestic corporations pursuant to a plan of merger approved or adopted as provided in RCW 25.05.375. (2) The plan of merger must set forth: (a) The name of each partnership, limited liability company, limited partnership, and corporation planning to merge and the name of the surviving partnership, limited liability 25.05.370 (2008 Ed.) 25.05.380 company, limited partnership, or corporation into which the other partnership, limited liability company, limited partnership, or corporation plans to merge; (b) The terms and conditions of the merger; and (c) The manner and basis of converting the interests of each member of each limited liability company, the partnership interests in each partnership and each limited partnership, and the shares of each corporation party to the merger into the interests, shares, obligations, or other securities of the surviving or any other partnership, limited liability company, limited partnership, or corporation or into cash or other property in whole or part. (3) The plan of merger may set forth: (a) Amendments to the certificate of formation of the surviving limited liability company; (b) Amendments to the certificate of limited partnership of the surviving limited partnership; (c) Amendments to the articles of incorporation of the surviving corporation; and (d) Other provisions relating to the merger. (4) If the plan of merger does not specify a delayed effective date, it shall become effective upon the filing of articles of merger. If the plan of merger specifies a delayed effective time and date, the plan of merger becomes effective at the time and date specified. If the plan of merger specifies a delayed effective date but no time is specified, the plan of merger is effective at the close of business on that date. A delayed effective date for a plan of merger may not be later than the ninetieth day after the date it is filed. [1998 c 103 § 905.] 25.05.375 Merger—Plan—Approval. (1) Unless otherwise provided in the partnership agreement, approval of a plan of merger by a domestic partnership party to the merger shall occur when the plan is approved by all of the partners. (2) If a domestic limited partnership is a party to the merger, the plan of merger shall be adopted and approved as provided in RCW 25.10.810. (3) If a domestic limited liability company is a party to the merger, the plan of merger shall be adopted and approved as provided in RCW 25.15.400. (4) If a domestic corporation is a party to the merger, the plan of merger shall be adopted and approved as provided in chapter 23B.11 RCW. [1998 c 103 § 906.] 25.05.375 25.05.380 Articles of merger—Filing. (1) Except as otherwise provided in subsection (2) of this section, after a plan of merger is approved or adopted, the surviving partnership, limited liability company, limited partnership, or corporation shall deliver to the secretary of state for filing articles of merger setting forth: (a) The plan of merger; (b) If the approval of any partners, members, or shareholders of one or more partnerships, limited liability companies, limited partnerships, or corporations party to the merger was not required, a statement to that effect; or (c) If the approval of any partners, members, or shareholders of one or more of the partnerships, limited liability companies, limited partnerships, or corporations party to the merger was required, a statement that the merger was duly 25.05.380 [Title 25 RCW—page 13] 25.05.385 Title 25 RCW: Partnerships approved by such members, partners, and shareholders pursuant to RCW 25.15.400, 25.05.375, or chapter 23B.11 RCW. (2) If the merger involves only two or more partnerships and one or more of such partnerships has filed a statement of partnership authority with the secretary of state, the surviving partnership shall file articles of merger as provided in subsection (1) of this section. [1998 c 103 § 907.] 25.05.385 Effect of merger. (1) When a merger takes effect: (a) Every other partnership, limited liability company, limited partnership, or corporation that is party to the merger merges into the surviving partnership, limited liability company, limited partnership, or corporation and the separate existence of every partnership, limited liability company, limited partnership, or corporation except the surviving partnership, limited liability company, limited partnership, or corporation ceases; (b) The title to all real estate and other property owned by each partnership, limited liability company, limited partnership, and corporation party to the merger is vested in the surviving partnership, limited liability company, limited partnership, or corporation without reversion or impairment; (c) The surviving partnership, limited liability company, limited partnership, or corporation has all liabilities of each partnership, limited liability company, limited partnership, and corporation that is party to the merger; (d) A proceeding pending against any partnership, limited liability company, limited partnership, or corporation that is party to the merger may be continued as if the merger did not occur or the surviving partnership, limited liability company, limited partnership, or corporation may be substituted in the proceeding for the partnership, limited liability company, limited partnership, or corporation whose existence ceased; (e) The certificate of formation of the surviving limited liability company is amended to the extent provided in the plan of merger; (f) The partnership agreement of the surviving limited partnership is amended to the extent provided in the plan of merger; (g) The articles of incorporation of the surviving corporation are amended to the extent provided in the plan of merger; and (h) The former members of every limited liability company party to the merger, the former holders of the partnership interests of every domestic partnership or limited partnership that is party to the merger, and the former holders of the shares of every domestic corporation that is party to the merger are entitled only to the rights provided in the plan of merger, or to their rights under this article, to their rights under RCW 25.10.900 through 25.10.955, or to their rights under chapter 23B.13 RCW. (2) Unless otherwise agreed, a merger of a domestic partnership, including a domestic partnership which is not the surviving entity in the merger, shall not require the domestic partnership to wind up its affairs under article 8 of this chapter. (3) Unless otherwise agreed, a merger of a domestic limited partnership, including a domestic limited partnership 25.05.385 [Title 25 RCW—page 14] which is not the surviving entity in the merger, shall not require the domestic limited partnership to wind up its affairs under RCW 25.10.460 or pay its liabilities and distribute its assets under RCW 25.10.470. (4) Unless otherwise agreed, a merger of a domestic limited liability company, including a domestic limited liability company which is not the surviving entity in the merger, shall not require the domestic limited liability company to wind up its affairs under RCW 25.15.295 or pay its liabilities and distribute its assets under RCW 25.15.300. [1998 c 103 § 908.] 25.05.390 Merger—Foreign and domestic. (1) One or more foreign partnerships, foreign limited liability companies, foreign limited partnerships, and foreign corporations may merge with one or more domestic partnerships, domestic limited liability companies, domestic limited partnerships, or domestic corporations if: (a) The merger is permitted by the law of the jurisdiction under which each foreign partnership was organized, each foreign limited liability company was formed, each foreign limited partnership was organized, and each foreign corporation was incorporated, and each foreign partnership, foreign limited liability company, foreign limited partnership, and foreign corporation complies with that law in effecting the merger; (b) The surviving entity complies with RCW 25.05.380; (c) Each domestic limited liability company complies with RCW 25.15.400; (d) Each domestic limited partnership complies with RCW 25.10.810; and (e) Each domestic corporation complies with RCW 23B.11.080. (2) Upon the merger taking effect, a surviving foreign limited liability company, limited partnership, or corporation is deemed to appoint the secretary of state as its agent for service of process in a proceeding to enforce any obligation or the rights of dissenting members, partners, or shareholders of each domestic limited liability company, domestic limited partnership, or domestic corporation party to the merger. [1998 c 103 § 909.] 25.05.390 25.05.395 Nonexclusive. This article is not exclusive. Partnerships, limited partnerships, limited liability companies, or corporations may be converted or merged in any other manner provided by law. [1998 c 103 § 910.] 25.05.395 ARTICLE 10 DISSENTERS’ RIGHTS 25.05.420 Definitions. The definitions in this section apply throughout this article, unless the context clearly requires otherwise. (1) "Partnership" means the domestic partnership in which the dissenter holds or held a partnership interest, or the surviving partnership, limited liability company, limited partnership, or corporation by merger, whether foreign or domestic, of that partnership. (2) "Dissenter" means a partner who is entitled to dissent from a plan of merger and who exercises that right when and in the manner required by this article. 25.05.420 (2008 Ed.) Revised Uniform Partnership Act (3) "Fair value," with respect to a dissenter’s partnership interest, means the value of the partner’s interest immediately before the effectuation of the merger to which the dissenter objects, excluding any appreciation or depreciation in anticipation of the merger unless exclusion would be inequitable. (4) "Interest" means interest from the effective date of the merger until the date of payment, at the average rate currently paid by the partnership on its principal bank loans or, if none, at a rate that is fair and equitable under all the circumstances. [1998 c 103 § 1001.] 25.05.425 Partner—Dissent—Payment of fair value. (1) Except as provided in RCW 25.05.435 or 25.05.445(2), a partner in a domestic partnership is entitled to dissent from, and obtain payment of the fair value of the partner’s interest in a partnership in the event of consummation of a plan of merger to which the partnership is a party as permitted by RCW 25.05.370 or 25.05.390. (2) A partner entitled to dissent and obtain payment for the partner’s interest in a partnership under this article may not challenge the merger creating the partner’s entitlement unless the merger fails to comply with the procedural requirements imposed by this title, Title 23B RCW, RCW 25.10.800 through 25.10.840, or 25.15.430, as applicable, or the partnership agreement, or is fraudulent with respect to the partner or the partnership. (3) The right of a dissenting partner in a partnership to obtain payment of the fair value of the partner’s interest in the partnership shall terminate upon the occurrence of any one of the following events: (a) The proposed merger is abandoned or rescinded; (b) A court having jurisdiction permanently enjoins or sets aside the merger; or (c) The partner’s demand for payment is withdrawn with the written consent of the partnership. [1998 c 103 § 1002.] 25.05.425 25.05.430 Dissenters’ rights—Notice—Timing. (1) Not less than ten days prior to the approval of a plan of merger, the partnership must send a written notice to all partners who are entitled to vote on or approve the plan of merger that they may be entitled to assert dissenters’ rights under this article. Such notice shall be accompanied by a copy of this article. (2) The partnership shall notify in writing all partners not entitled to vote on or approve the plan of merger that the plan of merger was approved, and send them the dissenters’ notice as required by RCW 25.05.440. [1998 c 103 § 1003.] 25.05.430 25.05.435 Partner—Dissent—Voting restriction. A partner of a partnership who is entitled to vote on or approve the plan of merger and who wishes to assert dissenters’ rights must not vote in favor of or approve the plan of merger. A partner who does not satisfy the requirements of this section is not entitled to payment for the partner’s interest in the partnership under this article. [1998 c 103 § 1004.] 25.05.435 25.05.440 Partners—Dissenters’ notice—Requirements. (1) If the plan of merger is approved, the partnership shall deliver a written dissenters’ notice to all partners who satisfied the requirements of RCW 25.05.435. 25.05.440 (2008 Ed.) 25.05.460 (2) The dissenters’ notice required by RCW 25.05.430(2) or by subsection (1) of this section must be sent within ten days after the approval of the plan of merger, and must: (a) State where the payment demand must be sent; (b) Inform partners as to the extent transfer of the partner’s interest in the partnership will be restricted as permitted by RCW 25.05.450 after the payment demand is received; (c) Supply a form for demanding payment; (d) Set a date by which the partnership must receive the payment demand, which date may not be fewer than thirty nor more than sixty days after the date the notice under this section is delivered; and (e) Be accompanied by a copy of this article. [1998 c 103 § 1005.] 25.05.445 Partner—Payment demand—Entitlement. (1) A partner who demands payment retains all other rights of a partner in the partnership until the proposed merger becomes effective. (2) A partner in a partnership sent a dissenters’ notice who does not demand payment by the date set in the dissenters’ notice is not entitled to payment for the partner’s interest in the partnership under this article. [1998 c 103 § 1006.] 25.05.445 25.05.450 Partners’ interests—Transfer restriction. The partnership agreement may restrict the transfer of partners’ interests in the partnership from the date the demand for their payment is received until the proposed merger becomes effective or the restriction is released under this article. [1998 c 103 § 1007.] 25.05.450 25.05.455 Payment of fair value—Requirements for compliance. (1) Within thirty days of the later of the date the proposed merger becomes effective, or the payment demand is received, the partnership shall pay each dissenter who complied with RCW 25.05.445 the amount the partnership estimates to be the fair value of the dissenting partner’s interest in the partnership, plus accrued interest. (2) The payment must be accompanied by: (a) Copies of the financial statements for the partnership for its most recent fiscal year; (b) An explanation of how the partnership estimated the fair value of the partner’s interest in the partnership; (c) An explanation of how the accrued interest was calculated; (d) A statement of the dissenter’s right to demand payment; and (e) A copy of this article. [1998 c 103 § 1008.] 25.05.455 25.05.460 Merger—Not effective within sixty days— Transfer restrictions. (1) If the proposed merger does not become effective within sixty days after the date set for demanding payment, the partnership shall release any transfer restrictions imposed as permitted by RCW 25.05.450. (2) If, after releasing transfer restrictions, the proposed merger becomes effective, the partnership must send a new dissenters’ notice as provided in RCW 25.05.430(2) and 25.05.440 and repeat the payment demand procedure. [1998 c 103 § 1009.] 25.05.460 [Title 25 RCW—page 15] 25.05.465 Title 25 RCW: Partnerships 25.05.465 Dissenter’s estimate of fair value—Notice. (1) A dissenting partner may notify the partnership in writing of the dissenter’s own estimate of the fair value of the dissenter’s interest in the partnership, and amount of interest due, and demand payment of the dissenter’s estimate, less any payment under RCW 25.05.460, if: (a) The dissenter believes that the amount paid is less than the fair value of the dissenter’s interest in the partnership, or that the interest due is incorrectly calculated; (b) The partnership fails to make payment within sixty days after the date set for demanding payment; or (c) The partnership, having failed to effectuate the proposed merger, does not release the transfer restrictions imposed on the partners’ interests as permitted by RCW 25.05.450 within sixty days after the date set for demanding payment. (2) A dissenter waives the right to demand payment under this section unless the dissenter notifies the partnership of the dissenter’s demand in writing under subsection (1) of this section within thirty days after the partnership made payment for the dissenter’s interest in the partnership. [1998 c 103 § 1010.] 25.05.465 25.05.470 Unsettled demand for payment—Proceeding—Parties—Appraisers. (1) If a demand for payment under RCW 25.05.445 remains unsettled, the partnership shall commence a proceeding within sixty days after receiving the payment demand and petition the court to determine the fair value of the dissenting partner’s interest in the partnership, and accrued interest. If the partnership does not commence the proceeding within the sixty-day period, it shall pay each dissenter whose demand remains unsettled the amount demanded. (2) The partnership shall commence the proceeding in the superior court. If the partnership is a domestic partnership, it shall commence the proceeding in the county where its chief executive office is maintained. (3) The partnership shall make all dissenters, whether or not residents of this state, whose demands remain unsettled parties to the proceeding as in an action against their partnership interests in the partnership and all parties must be served with a copy of the petition. Nonresidents may be served by registered or certified mail or by publication as provided by law. (4) The partnership may join as a party to the proceeding any partner who claims to be a dissenter but who has not, in the opinion of the partnership, complied with the provisions of this article. If the court determines that such partner has not complied with the provisions of this article, the partner shall be dismissed as a party. (5) The jurisdiction of the court in which the proceeding is commenced is plenary and exclusive. The court may appoint one or more persons as appraisers to receive evidence and recommend decisions on the question of fair value. The appraisers have the powers described in the order appointing them or in any amendment to it. The dissenters are entitled to the same discovery rights as parties in other civil proceedings. (6) Each dissenter made a party to the proceeding is entitled to judgment for the amount, if any, by which the court finds the fair value of the dissenter’s partnership interest in 25.05.470 [Title 25 RCW—page 16] the partnership, plus interest, exceeds the amount paid by the partnership. [1998 c 103 § 1011.] 25.05.475 Unsettled demand for payment—Costs— Fees and expenses of counsel. (1) The court in a proceeding commenced under RCW 25.05.470 shall determine all costs of the proceeding, including the reasonable compensation and expenses of appraisers appointed by the court. The court shall assess the costs against the partnership, except that the court may assess the costs against all or some of the dissenters, in amounts the court finds equitable, to the extent the court finds the dissenters acted arbitrarily, vexatiously, or not in good faith in demanding payment. (2) The court may also assess the fees and expenses of counsel and experts for the respective parties, in amounts the court finds equitable: (a) Against the partnership and in favor of any or all dissenters if the court finds the partnership did not substantially comply with the requirements of this article; or (b) Against either the partnership or a dissenter, in favor of any other party, if the court finds that the party against whom the fees and expenses are assessed acted arbitrarily, vexatiously, or not in good faith with respect to the rights provided by this article. (3) If the court finds that the services of counsel for any dissenter were of substantial benefit to other dissenters similarly situated, and that the fees for those services should not be assessed against the partnership, the court may award to these counsel reasonable fees to be paid out of the amounts awarded to the dissenters who were benefited. [1998 c 103 § 1012.] 25.05.475 ARTICLE 11 LIMITED LIABILITY PARTNERSHIP 25.05.500 Formation—Registration—Application— Fee—Forms. (1) A partnership which is not a limited liability partnership on June 11, 1998, may become a limited liability partnership upon the approval of the terms and conditions upon which it becomes a limited liability partnership by the vote necessary to amend the partnership agreement except, in the case of a partnership agreement that expressly considers obligations to contribute to the partnership, the vote necessary to amend those provisions, and by filing the applications required by subsection (2) of this section. A partnership which is a limited liability partnership on June 11, 1998, continues as a limited liability partnership under this chapter. (2) To become and to continue as a limited liability partnership, a partnership shall file with the secretary of state an application stating the name of the partnership; the address of its principal office; if the partnership’s principal office is not located in this state, the address of a registered office and the name and address of a registered agent for service of process in this state which the partnership will be required to maintain; the number of partners; a brief statement of the business in which the partnership engages; any other matters that the partnership determines to include; and that the partnership thereby applies for status as a limited liability partnership. (3) The application shall be accompanied by a fee of one hundred seventy-five dollars for each partnership. 25.05.500 (2008 Ed.) Revised Uniform Partnership Act (4) The secretary of state shall register as a limited liability partnership any partnership that submits a completed application with the required fee. (5) A partnership registered under this section shall pay an annual fee, in each year following the year in which its application is filed, on a date and in an amount specified by the secretary of state. The fee must be accompanied by a notice, on a form provided by the secretary of state, of the number of partners currently in the partnership and of any material changes in the information contained in the partnership’s application for registration. (6) Registration is effective immediately after the date an application is filed, and remains effective until: (a) It is voluntarily withdrawn by filing with the secretary of state a written withdrawal notice executed by a majority of the partners or by one or more partners or other persons authorized to execute a withdrawal notice; or (b) Thirty days after receipt by the partnership of a notice from the secretary of state, which notice shall be sent by firstclass mail, postage prepaid, that the partnership has failed to make timely payment of the annual fee specified in subsection (5) of this section, unless the fee is paid within such a thirty-day period. (7) The status of a partnership as a limited liability partnership, and the liability of the partners thereof, shall not be affected by: (a) Errors in the information stated in an application under subsection (2) of this section or a notice under subsection (6) of this section; or (b) changes after the filing of such an application or notice in the information stated in the application or notice. (8) The secretary of state may provide forms for the application under subsection (2) of this section or a notice under subsection (6) of this section. [1998 c 103 § 1101.] 25.05.505 Name. The name of a limited liability partnership shall contain the words "limited liability partnership" or the abbreviation "L.L.P." or "LLP" as the last words or letters of its name. [1998 c 103 § 1102.] 25.05.505 25.05.510 Rendering professional services. (1) A person or group of persons licensed or otherwise legally authorized to render professional services, as defined in RCW 18.100.030, within this state may organize and become a member or members of a limited liability partnership under the provisions of this chapter for the purposes of rendering professional service. Nothing in this section prohibits a person duly licensed or otherwise legally authorized to render professional services in any jurisdiction other than this state from becoming a member of a limited liability partnership organized for the purpose of rendering the same professional services. Nothing in this section prohibits a limited liability partnership from rendering professional services outside this state through individuals who are not duly licensed or otherwise legally authorized to render such professional services within this state. (2)(a) Notwithstanding any other provision of this chapter, health care professionals who are licensed or certified pursuant to chapters 18.06, 18.225, 18.22, 18.25, 18.29, 18.34, 18.35, 18.36A, 18.50, 18.53, 18.55, 18.64, 18.79, 18.83, 18.89, 18.108, and 18.138 RCW may join and render 25.05.510 (2008 Ed.) 25.05.560 their individual professional services through one limited liability partnership and are to be considered, for the purpose of forming a limited liability partnership, as rendering the "same specific professional services" or "same professional services" or similar terms. (b) Notwithstanding any other provision of this chapter, health care professionals who are licensed pursuant to chapters 18.57 and 18.71 RCW may join and render their individual professional services through one limited liability partnership and are to be considered, for the purpose of forming a limited liability partnership, as rendering the "same specific professional services" or "same professional services" or similar terms. (c) Formation of a limited liability partnership under this subsection does not restrict the application of the uniform disciplinary act under chapter 18.130 RCW, or any applicable health care professional statutes under Title 18 RCW, including but not limited to restrictions on persons practicing a health profession without being appropriately credentialed and persons practicing beyond the scope of their credential. [2001 c 251 § 31; 1998 c 103 § 1103.] Severability—2001 c 251: See RCW 18.225.900. ARTICLE 12 FOREIGN LIMITED LIABILITY PARTNERSHIP 25.05.550 Law governing foreign limited liability partnership. (1) The law under which a foreign limited liability partnership is formed governs relations among the partners and between the partners and the partnership and, except as otherwise provided in RCW 25.05.125(4), the liability of partners for obligations of the partnership. (2) A foreign limited liability partnership may not be denied a statement of foreign qualification by reason of any difference between the law under which the partnership was formed and the law of this state. (3) A statement of foreign qualification does not authorize a foreign limited liability partnership to engage in any business or exercise any power that a partnership may not engage in or exercise in this state as a limited liability partnership. [1998 c 103 § 1201.] 25.05.550 25.05.555 Statement of foreign qualification. Before transacting business in this state, a foreign limited liability partnership must register with the secretary of state under this chapter in the same manner as a limited liability partnership, except that if the foreign limited liability partnership’s name contains the words "registered limited liability partnership" or the abbreviation "R.L.L.P." or "RLLP," it may include those words or abbreviations in its application with the secretary of state. [1998 c 103 § 1202.] 25.05.555 25.05.560 Effect of failure to qualify. (1) A foreign limited liability partnership transacting business in this state may not maintain an action or proceeding in this state unless it has in effect a registration as a foreign limited liability partnership. (2) The failure of a foreign limited liability partnership to have in effect a registration as a foreign limited liability partnership does not impair the validity of a contract or act of the 25.05.560 [Title 25 RCW—page 17] 25.05.565 Title 25 RCW: Partnerships foreign limited liability partnership or preclude it from defending an action or proceeding in this state. (3) A limitation on personal liability of a partner is not waived solely by transacting business in this state without registration as a foreign limited liability partnership. (4) If a foreign limited liability partnership transacts business in this state without a registration as a foreign limited liability partnership, the secretary of state is its agent for service of process with respect to a right of action arising out of the transaction of business in this state. [1998 c 103 § 1203.] 25.05.565 Activities not constituting transacting business. (1) Activities of a foreign limited liability partnership which do not constitute transacting business for the purpose of this article include: (a) Maintaining, defending, or settling an action or proceeding; (b) Holding meetings of its partners or carrying on any other activity concerning its internal affairs; (c) Maintaining bank accounts; (d) Maintaining offices or agencies for the transfer, exchange, and registration of the partnership’s own securities or maintaining trustees or depositories with respect to those securities; (e) Selling through independent contractors; (f) Soliciting or obtaining orders, whether by mail or through employees or agents or otherwise, if the orders require acceptance outside this state before they become contracts; (g) Creating or acquiring indebtedness, with or without a mortgage, or other security interest in property; (h) Collecting debts or foreclosing mortgages or other security interests in property securing the debts, and holding, protecting, and maintaining property so acquired; (i) Conducting an isolated transaction that is completed within thirty days and is not one in the course of similar transactions; and (j) Transacting business in interstate commerce. (2) For purposes of this article, the ownership in this state of income-producing real property or tangible personal property, other than property excluded under subsection (1) of this section, constitutes transacting business in this state. (3) This section does not apply in determining the contacts or activities that may subject a foreign limited liability partnership to service of process, taxation, or regulation under any other law of this state. [1998 c 103 § 1204.] 25.05.565 25.05.570 Action by attorney general. The attorney general may maintain an action to restrain a foreign limited liability partnership from transacting business in this state in violation of this chapter. [1998 c 103 § 1205.] 25.05.570 ARTICLE 13 MISCELLANEOUS PROVISIONS (a) After June 11, 1998, unless that partnership is continuing the business of a dissolved partnership under *RCW 25.04.410; and (b) Before June 11, 1998, that elects, as provided by subsection (3) of this section, to be governed by this chapter. (2) Effective January 1, 1999, this chapter governs all partnerships. (3) Before January 1, 1999, a partnership voluntarily may elect, in the manner provided in its partnership agreement or by law for amending the partnership agreement, to be governed by this chapter. The provisions of this chapter relating to the liability of the partnership’s partners to third parties apply to limit those partners’ liability to a third party who had done business with the partnership within one year preceding the partnership’s election to be governed by this chapter, only if the third party knows or has received a notification of the partnership’s election to be governed by this chapter. [1998 c 103 § 1304.] *Reviser’s note: RCW 25.04.410 was repealed by 1998 c 103 § 1308, effective January 1, 1999. 25.05.902 Establishment of filing fees and miscellaneous charges—Secretary of state. (1) The secretary of state shall adopt rules establishing fees which shall be charged and collected for: (a) Filing of a statement; (b) Filing of a certified copy of a statement that is filed in an office in another state; (c) Filing amendments to any of the foregoing or any other certificate, statement, or report authorized or permitted to be filed; and (d) Copies, certified copies, certificates, and expedited filings or other special services. (2) In the establishment of a fee schedule, the secretary of state shall, insofar as is possible and reasonable, be guided by the fee schedule provided for corporations covered by Title 23B RCW. Fees for copies, certified copies, and certificates of record shall be as provided for in RCW 23B.01.220. (3) All fees collected by the secretary of state shall be deposited with the state treasurer pursuant to law. [1998 c 103 § 1306.] 25.05.902 25.05.903 Authority to adopt rules—Secretary of state. The secretary of state shall adopt such rules as are necessary to implement the keeping of records required by this chapter. [1998 c 103 § 1307.] 25.05.903 25.05.904 Uniformity of application and construction—1998 c 103. This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it. [1998 c 103 § 1301.] 25.05.904 25.05.905 Short title—1998 c 103. This chapter may be cited as the Washington revised uniform partnership act. [1998 c 103 § 1302.] 25.05.905 25.05.906 Severability clause—1998 c 103. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the applica25.05.906 25.05.901 Dates of applicability. (1) Before January 1, 1999, this chapter governs only a partnership formed: 25.05.901 [Title 25 RCW—page 18] (2008 Ed.) Limited Partnerships tion of the provision to other persons or circumstances is not affected. [1998 c 103 § 1303.] 25.10.430 25.05.907 Savings clause—1998 c 103. This act does not affect an action or proceeding commenced or right accrued before June 11, 1998. [1998 c 103 § 1305.] 25.10.440 25.10.450 25.10.453 25.10.455 25.05.907 Chapter 25.10 RCW LIMITED PARTNERSHIPS 25.10.460 25.10.470 25.10.005 25.10.010 25.10.020 25.10.030 25.10.040 25.10.050 25.10.060 25.10.070 25.10.075 Periodic reports required—Contents—Due dates—Rules. Definitions. Name. Reservation of name. Registered office and agent. Records to be kept. Nature of business. Business transactions of partner with the partnership. Indemnification of agents of any corporation authorized. 25.10.480 25.10.490 25.10.500 25.10.510 25.10.520 25.10.530 25.10.540 25.10.550 25.10.553 25.10.555 Certificate of limited partnership. Amendment to certificate—Restatement of certificate. Cancellation of certificate. Execution of documents. Execution of certificate by judicial act. Filing in office of secretary of state. Liability for false statement in certificate. Notice. Delivery of certificates to limited partners. 25.10.560 25.10.570 25.10.580 25.10.590 Admission of limited partners. Voting. Liability to third parties. Person erroneously believing that he or she is limited partner. Information. ARTICLE 4 GENERAL PARTNERS 25.10.220 25.10.230 25.10.240 25.10.250 25.10.260 Admission of additional general partners. Events of withdrawal of general partner. General powers and liabilities of general partner. Contributions by a general partner. Voting. ARTICLE 5 FINANCE 25.10.270 25.10.280 25.10.290 25.10.300 Form of contribution. Liability for contributions. Sharing of profits and losses. Sharing of distributions. ARTICLE 6 DISTRIBUTIONS AND WITHDRAWAL 25.10.310 25.10.320 25.10.330 25.10.340 25.10.350 25.10.360 25.10.370 Interim distributions. Withdrawal of general partner. Withdrawal of limited partner. Distribution upon withdrawal. Distribution in kind. Right to distribution. Limitations on distributions. ARTICLE 7 ASSIGNMENT OF PARTNERSHIP INTERESTS 25.10.390 25.10.400 25.10.410 25.10.420 (2008 Ed.) Nature of partnership interest. Assignment of partnership interest—Certificate of partnership interest. Rights of creditor. Right of assignee to become limited partner. Right of action. Proper plaintiff. Pleading. Expenses. ARTICLE 11 FEES AND CHARGES 25.10.600 25.10.605 ARTICLE 3 LIMITED PARTNERS 25.10.170 25.10.180 25.10.190 25.10.200 25.10.210 Law governing. Registration. Issuance of registration. Name—Foreign limited partnership. Changes and amendments. Cancellation of registration. Transaction of business without registration. Action by secretary of state. Revocation of registration—Commencement of proceeding. Revocation of registration—Notice—Opportunity to correct deficiencies. ARTICLE 10 DERIVATIVE ACTIONS ARTICLE 2 FORMATION; CERTIFICATE OF LIMITED PARTNERSHIP 25.10.080 25.10.090 25.10.100 25.10.110 25.10.120 25.10.130 25.10.140 25.10.150 25.10.160 Nonjudicial dissolution. Judicial dissolution. Administrative dissolution—Commencement of proceeding. Administrative dissolution—Notice—Opportunity to correct deficiencies. Administrative dissolution—Reinstatement—Application— When effective. Winding up. Distribution of assets. ARTICLE 9 FOREIGN LIMITED PARTNERSHIPS Sections ARTICLE 1 GENERAL PROVISIONS Power of estate of deceased or incompetent partner. ARTICLE 8 DISSOLUTION 25.10.457 Chapter 25.10 Chapter 25.10 Establishment of filing fees and miscellaneous charges. Fees for services by secretary of state. ARTICLE 12 MISCELLANEOUS 25.10.610 25.10.620 25.10.630 25.10.640 25.10.650 25.10.660 25.10.670 25.10.680 25.10.690 Authority to adopt rules. Construction and application. Short title. Severability—1981 c 51. Effective date and extended effective date—1981 c 51. Rules for class not provided for in this chapter. Application to existing partnerships. Effect of invalidity of part of this title. Section captions. ARTICLE 13 MERGERS 25.10.800 25.10.810 25.10.820 25.10.830 25.10.840 Merger—Plan—Effective date. Merger—Plan—Approval. Articles of merger—Filing. Effect of merger. Merger—Foreign and domestic. ARTICLE 14 DISSENTERS’ RIGHTS 25.10.900 25.10.905 25.10.910 25.10.915 25.10.920 25.10.925 25.10.930 25.10.935 25.10.940 25.10.945 25.10.950 25.10.955 Definitions. Partner—Dissent—Payment of fair value. Dissenters’ rights—Notice—Timing. Partner—Dissent—Voting restriction. Partners—Dissenters’ notice—Requirements. Partner—Payment demand—Entitlement. Partnership interests—Transfer restrictions. Payment of fair value—Requirements for compliance. Merger—Not effective within sixty days—Transfer restrictions. Dissenter’s estimate of fair value—Notice. Unsettled demand for payment—Proceeding—Parties— Appraisers. Unsettled demand for payment—Costs—Fees and expenses of counsel. Reviser’s note: Throughout this chapter the phrase "this act" has been changed to "this chapter." "This act" [1981 c 51] consists of this chapter and the repeal of chapters 25.08 and 25.98 RCW. [Title 25 RCW—page 19] 25.10.005 Title 25 RCW: Partnerships Materials specifically authorized to be printed and distributed by secretary of state: RCW 43.07.140. Revolving fund of secretary of state, deposit of moneys for costs of carrying out secretary of state’s functions under this chapter: RCW 43.07.130. ARTICLE 1 GENERAL PROVISIONS 25.10.005 Periodic reports required—Contents— Due dates—Rules. (1) A limited partnership formed or registered under this chapter shall deliver to the secretary of state for filing periodic reports that set forth: (a) The name of the limited partnership; (b) The street address of its registered office and the name of its registered agent in this state; (c) In the case of a foreign limited partnership, the address of its principle office in the state or country under the laws of which it is formed; and (d) The address of the principle place of business of the limited partnership in this state. (2) Periodic reports are due every five years on the anniversary date of the formation or registration of the limited partnership. The secretary of state may provide by rule for a longer period of time between reports. Periodic reports must be accompanied by a fee equal to the corporation license fee under Title 23B RCW. (3) As to limited partnerships formed or registered before June 11, 1998, the secretary of state shall provide by administrative rule for a schedule under which the first reports under this section shall be due. The reports may not be due earlier than one year after June 11, 1998. [1998 c 277 § 5.] 25.10.005 25.10.010 Definitions. As used in this chapter, unless the context otherwise requires: (1) "Certificate of limited partnership" means the certificate referred to in RCW 25.10.080, and the certificate as amended or restated. (2) "Contribution" means any cash, property, services rendered, or a promissory note or other binding obligation to contribute cash or property or to perform services, which a partner contributes to a limited partnership in his capacity as a partner. (3) "Event of withdrawal of a general partner" means an event that causes a person to cease to be a general partner as provided in RCW 25.10.230. (4) "Foreign limited partnership" means a partnership formed under laws other than the laws of this state and having as partners one or more general partners and one or more limited partners. (5) "General partner" means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and named in the certificate of limited partnership as a general partner. (6) "Limited partner" means a person who has been admitted to a limited partnership as a limited partner in accordance with the partnership agreement. (7) "Limited partnership" and "domestic limited partnership" means a partnership formed by two or more persons under the laws of this state and having one or more general partners and one or more limited partners. 25.10.010 [Title 25 RCW—page 20] (8) "Partner" means a limited or general partner. (9) "Partnership agreement" means any valid agreement, written or oral, of the partners as to the affairs of a limited partnership and the conduct of its business. (10) "Partnership interest" means a partner’s share of the profits and losses of a limited partnership and the right to receive distributions of partnership assets. (11) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (12) "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. (13) "Conforms to law" as used in connection with duties of the secretary of state in reviewing documents for filing under this chapter, means the secretary of state has determined the document complies as to form with the applicable requirements of this chapter. (14) "Effective date" means, in connection with a document filing made by the secretary of state, the date which is shown by affixing a "filed" stamp on the documents. When a document is received for filing by the secretary of state in a form which complies with the requirements of this chapter and which would entitle the document to be filed immediately upon receipt, but the secretary of state’s approval action occurs subsequent to the date of receipt, the secretary of state’s filing date shall relate back to the date on which the secretary of state first received the document in acceptable form. An applicant may request a specific effective date no more than thirty days later than the receipt date which might otherwise be applied as the effective date. [2002 c 296 § 2; 1987 c 55 § 1; 1982 c 35 § 177; 1981 c 51 § 1.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 25.10.020 Name. (1) The name of each limited partnership formed pursuant to this chapter as set forth in its certificate of limited partnership: (a) Shall contain the words "limited partnership" or the abbreviation "LP" or "L.P."; (b) May not contain the name of a limited partner unless (i) it is also the name of a general partner, or the corporate name of a corporate general partner, or (ii) the business of the limited partnership had been carried on under that name before the admission of that limited partner; (c) May not contain any of the following words or phrases: "Bank", "banking", "banker", "trust", "cooperative"; or any combination of the words "industrial" and "loan"; or any combination of any two or more of the words "building", "savings", "loan", "home", "association" and "society"; or any other words or phrases prohibited by any statute of this state; (d) Except as authorized by subsections (2) and (3) of this section, must be distinguishable upon the records of the secretary of state from: (i) The name or reserved name of a foreign or domestic limited partnership; (ii) The name of a limited liability company reserved, registered, or formed under the laws of this state or qualified 25.10.020 (2008 Ed.) Limited Partnerships to do business as a foreign limited liability company in this state under chapter 25.15 RCW; (iii) The corporate name of a corporation incorporated or authorized to transact business in this state; (iv) A corporate name reserved or registered under chapter 23B.04 RCW; (v) The corporate name or reserved name of a not-forprofit corporation incorporated or authorized to conduct affairs in this state under chapter 24.03 RCW; (vi) The name or reserved name of a mutual corporation or miscellaneous corporation incorporated or authorized to do business under chapter 24.06 RCW; (vii) The fictitious name adopted under RCW 23B.15.060 by a foreign corporation authorized to transact business in this state because its real name is unavailable; and (viii) The name or reserved name of a limited liability partnership registered under chapter 25.04 RCW. (2) A limited partnership may apply to the secretary of state for authorization to use a name that is not distinguishable upon the records from one or more of the names described in subsection (1) of this section. The secretary of state shall authorize use of the name applied for if: (a) The other limited partnership, company, corporation, limited liability partnership, or holder consents to the use in writing and files with the secretary of state documents necessary to change its name or the name reserved or registered to a name that is distinguishable upon the records of the secretary of state from the name of the applying limited partnership; or (b) The applicant delivers to the secretary of state a certified copy of the final judgment of a court of competent jurisdiction establishing the applicant’s right to use the name applied for in this state. (3) A limited partnership may use the name, including the fictitious name, of another domestic or foreign limited partnership, limited liability company, limited liability partnership, or corporation that is used in this state if the other entity is organized, incorporated, formed, or authorized to transact business in this state and the proposed user limited partnership: (a) Has merged with the other limited partnership, limited liability company, limited liability partnership, or corporation; or (b) Results from reorganization with the other limited partnership, limited liability company, or corporation. (4) A name shall not be considered distinguishable upon the records of the secretary of state by virtue of: (a) A variation in any of the following designations for the same name: "Corporation," "incorporated," "company," "limited," "partnership," "limited partnership," "limited liability company," or "limited liability partnership," or the abbreviations "corp.," "inc.," "co.," "ltd.," "LP," "L.P.," "LLP," "L.L.P.," "LLC," or "L.L.C."; (b) The addition or deletion of an article or conjunction such as "the" or "and" from the same name; (c) Punctuation, capitalization, or special characters or symbols in the same name; or (d) Use of abbreviation or the plural form of a word in the same name. (5) This chapter does not control the use of assumed business names or "trade names." [1998 c 102 § 8; 1996 c 76 (2008 Ed.) 25.10.040 § 1; 1994 c 211 § 1309; 1991 c 269 § 1; (1991 c 72 § 47 repealed by 1991 sp.s. c 11 § 2); 1987 c 55 § 2; 1981 c 51 § 2.] Effective date—Severability—1994 c 211: See RCW 25.15.900 and 25.15.902. Name of foreign limited partnership: RCW 25.10.510. 25.10.030 Reservation of name. (1) The exclusive right to the use of a name may be reserved by: (a) Any person intending to organize a limited partnership under this chapter and to adopt that name; (b) Any domestic limited partnership or any foreign limited partnership registered in this state which, in either case, intends to adopt that name; (c) Any foreign limited partnership intending to register in this state and to adopt that name; and (d) Any person intending to organize a foreign limited partnership and intending to have it registered in this state and adopt that name. (2) The reservation shall be made by filing with the secretary of state an application, executed by the applicant, to reserve a specified name. If the secretary of state finds that the name is available for use by a domestic or foreign limited partnership, he or she shall reserve the name for the exclusive use of the applicant for a period of one hundred and eighty days. Such reservation shall be limited to one filing and shall be nonrenewable. The right to the exclusive use of a reserved name may be transferred to any other person by filing in the office of the secretary of state a notice of the transfer, executed by the applicant for whom the name was reserved and specifying the name and address of the transferee. [1991 c 269 § 2; 1981 c 51 § 3.] 25.10.030 25.10.040 Registered office and agent. (1) Each limited partnership shall continuously maintain in this state an office which may but need not be a place of its business in this state, at which shall be kept the records required by RCW 25.10.050 to be maintained. The office shall be at a specific geographical location in this state and be identified by number, if any, and street or building address or rural route or other geographical address. The office shall not be identified only by post office box number or other nongeographic address. For purposes of communicating by mail, the secretary of state may permit the use of a post office address in conjunction with the office address. (2) Each limited partnership shall continuously maintain in this state an agent for service of process on the limited partnership, which agent must be an individual resident of this state, a domestic corporation, or a foreign corporation authorized to do business in this state. The agent may, but need not, be located at the office identified in RCW 25.10.040(1). The agent’s address shall be at a specific geographical location in this state and be identified by number, if any, and street or building address or rural route or other geographical address. The agent’s address shall not be identified only by post office box number or other nongeographic address. For purposes of communicating by mail, the secretary of state may permit the use of a post office address in conjunction with the agent’s geographic address. 25.10.040 [Title 25 RCW—page 21] 25.10.050 Title 25 RCW: Partnerships (3) A registered agent shall not be appointed without having given prior written consent to the appointment. The written consent shall be filed with the secretary of state in such form as the secretary may prescribe. The written consent shall be filed with or as a part of the document first appointing a registered agent. In the event any individual or corporation has been appointed agent without consent, that person or corporation may file a notarized statement attesting to that fact, and the name shall forthwith be removed from the records of the secretary of state. The registered agent so appointed by a limited partnership shall be an agent of such limited partnership upon whom any process, notice, or demand required or permitted by law to be served upon the limited partnership may be served. If a limited partnership fails to appoint or maintain a registered agent in this state, or if its registered agent cannot with reasonable diligence be found, then the secretary of state shall be an agent of such limited partnership upon whom any such process, notice, or demand may be served. Service on the secretary of state of any such process, notice, or demand shall be made by delivering to and leaving with the secretary of state, or with any authorized clerk of the corporation department of the secretary of state’s office, duplicate copies of such process, notice, or demand. In the event any such process, notice, or demand is served on the secretary of state, the secretary of state shall immediately cause one of the copies thereof to be forwarded by certified mail, addressed to the limited partnership at the office referred to in RCW 25.10.040(1). Any service so had on the secretary of state shall be returnable in no fewer than thirty days. The secretary of state shall keep a record of all processes, notices, and demands served upon the secretary of state under this section, and shall record therein the time of such service and the secretary of state’s action with reference thereto. Nothing in this section limits or affects the right to serve any process, notice, or demand required or permitted by law to be served upon a limited partnership in any other manner now or hereafter permitted by law. Any registered agent may resign as such agent upon filing a written notice thereof, executed in duplicate, with the secretary of state, who shall forthwith mail one copy thereof to the limited partnership. The appointment of such agent shall terminate upon the expiration of thirty days after receipt of such notice by the secretary of state. [1987 c 55 § 3; 1981 c 51 § 4.] 25.10.050 25.10.050 Records to be kept. Each limited partnership shall keep at the office referred to in RCW 25.10.040(1) the following: (1) A current list of the full name and last known address of each partner, specifying separately the general and limited partners; (2) A copy of the certificate of limited partnership and all certificates of amendment thereto, together with executed copies of any powers of attorney pursuant to which any certificate has been executed; (3) Copies of the limited partnership’s federal, state, and local tax returns and reports, if any, for the three most recent years; [Title 25 RCW—page 22] (4) Copies of any then effective written partnership agreements and of any financial statements of the limited partnership for the three most recent years; and (5) Unless contained in a written partnership agreement, a written statement of: (a) The amount of cash and a description and statement of the agreed value of the other property or services contributed by each partner and which each partner has agreed to contribute; (b) The times at which or events on the happening of which any additional contributions agreed to be made by each partner are to be made; (c) Any right of a partner to receive, or of a general partner to make, distributions to a partner which include a return of all or any part of the partner’s contribution; and (d) Any events upon the happening of which the limited partnership is to be dissolved and its affairs wound up. The books and records are subject to inspection and copying at the reasonable request, and at the expense, of any partner during ordinary business hours. [1987 c 55 § 4; 1981 c 51 § 5.] 25.10.060 Nature of business. A limited partnership may carry on any business that a partnership without limited partners may carry on. [1981 c 51 § 6.] 25.10.060 25.10.070 Business transactions of partner with the partnership. Except as provided in the partnership agreement, a partner may lend money to and transact other business with the limited partnership and, subject to other applicable law, has the same rights and obligations with respect thereto as a person who is not a partner. [1981 c 51 § 7.] 25.10.070 25.10.075 Indemnification of agents of any corporation authorized. See RCW 23B.17.030. 25.10.075 ARTICLE 2 FORMATION; CERTIFICATE OF LIMITED PARTNERSHIP 25.10.080 Certificate of limited partnership. (1) In order to form a limited partnership a certificate of limited partnership must be executed and duplicate originals filed in the office of the secretary of state. The certificate shall set forth: (a) The name of the limited partnership; (b) The address of the office for records and the name and address of the agent for service of process appointed pursuant to RCW 25.10.040; (c) The name and the geographical and mailing addresses of each general partner; (d) If the limited partnership is to have a specific date of dissolution, the latest date upon which the limited partnership is to dissolve; and (e) Any other matters the general partners determine to include therein. (2) A limited partnership is formed at the time of the filing of the certificate of limited partnership in the office of the secretary of state or at any later time specified in the certificate of limited partnership if, in either case, there has been 25.10.080 (2008 Ed.) Limited Partnerships substantial compliance with the requirements of this section. [2000 c 169 § 5; 1987 c 55 § 5; 1981 c 51 § 8.] 25.10.090 Amendment to certificate—Restatement of certificate. (1) A certificate of limited partnership is amended by filing duplicate originals of a certificate of amendment thereto in the office of the secretary of state. The certificate shall set forth: (a) The name of the limited partnership; (b) The date and place of filing of the original certificate of limited partnership; and (c) The amendment to the certificate of limited partnership. (2) Within thirty days after the happening of any of the following events an amendment to a certificate of limited partnership reflecting the occurrence of the event or events shall be filed: (a) The admission of a new general partner; (b) The withdrawal of a general partner; (c) The continuation of the business under RCW 25.10.440 after an event of withdrawal of a general partner; or (d) A change in the name of the limited partnership, a change in the office described in RCW 25.10.040(1), a change in the name or address of the agent for service of process, a change in the name or address of any general partner, or a change in the date upon which the limited partnership is to dissolve. (3) A general partner who becomes aware that any statement in a certificate of limited partnership was false when made or that any arrangements or other facts described have changed, making the certificate inaccurate in any respect, shall promptly amend the certificate, but an amendment to show a change of address of a general partner need be filed only once every twelve months. (4) A certificate of limited partnership may be amended at any time for any other proper purpose the general partners may determine. (5) No person has any liability because an amendment to a certificate of limited partnership has not been filed to reflect the occurrence of any event referred to in subsection (2) of this section if the amendment is filed within the thirty-day period specified in subsection (2) of this section. (6) A certificate of limited partnership is restated by filing duplicate originals of a certificate of restatement in the office of the secretary of state. The certificate shall set forth: (a) The name of the limited partnership; (b) The date and place of filing of the original certificate; and (c) A statement setting forth all operative provisions of the certificate of limited partnership as theretofore amended together with a statement that the restated articles correctly set forth without change the provisions of the certificate of limited partnership as theretofore amended and that the restated certificate supersedes the original certificate and all amendments thereto. [1987 c 55 § 6; 1981 c 51 § 9.] 25.10.090 25.10.100 Cancellation of certificate. (1) Upon the dissolution and completion of winding up of a limited partnership or at any time there are no limited partners, duplicate 25.10.100 (2008 Ed.) 25.10.120 originals of a certificate of cancellation shall be filed with the secretary of state and set forth: (a) The name of the limited partnership; (b) The date and place of filing of its original certificate of limited partnership; (c) The reason for dissolution; (d) The effective date, which shall be a later date certain, of cancellation if it is not to be effective upon the filing of the certificate; and (e) Any other information the person filing the certificate determines. (2) A certificate of limited partnership shall be canceled upon the effective date of a certificate of cancellation. (3) A certificate of limited partnership for a domestic limited partnership which is not the surviving entity in a merger shall be canceled upon the effective date of the merger. [1991 c 269 § 3; 1987 c 55 § 7; 1981 c 51 § 10.] 25.10.110 Execution of documents. (1) Each document required by this article to be filed in the office of the secretary of state shall be executed in the following manner: (a) Each original certificate of limited partnership must be signed by all general partners named therein; (b) A certificate of amendment or restatement must be signed by at least one general partner and by each other general partner designated in the certificate as a new general partner; (c) A certificate of cancellation must be signed by all general partners or the limited partners winding up the partnership pursuant to RCW 25.10.460; (d) If a surviving domestic limited partnership is filing articles of merger, the articles of merger must be signed by at least one general partner of the domestic limited partnership, or if the articles of merger are being filed by a surviving foreign limited partnership or by a corporation, the articles of merger must be signed by a person authorized by such foreign limited partnership or corporation; and (e) A foreign limited partnership’s application for a certificate of authority must be signed by one of its general partners. (2) Any person may sign a certificate, articles of merger, or partnership agreement by an attorney-in-fact: PROVIDED, That each document signed in such manner identifies the capacity in which the signator signed. (3) The person executing the document shall sign it and state beneath or opposite the signature the name of the person and capacity in which the person signs. The document must be typewritten or printed, and must meet such legibility or other standards as may be prescribed by the secretary of state. (4) The execution of a certificate or articles of merger by a partner constitutes an affirmation under the penalties of perjury that the facts stated therein are true. [1991 c 269 § 4; 1987 c 55 § 8; 1981 c 51 § 11.] 25.10.110 25.10.120 Execution of certificate by judicial act. If a person required by RCW 25.10.110 to execute a certificate fails or refuses to do so, any other person who is adversely affected by the failure or refusal, may petition any court of competent jurisdiction to direct the execution. If the court finds that it is proper for the certificate to be executed and that 25.10.120 [Title 25 RCW—page 23] 25.10.130 Title 25 RCW: Partnerships any person so designated has failed or refused to execute the certificate, the court shall order the secretary of state to record an appropriate certificate. [1987 c 55 § 9; 1981 c 51 § 12.] 25.10.130 25.10.130 Filing in office of secretary of state. (1) Two signed copies of the certificate of limited partnership and of any certificates of amendment, restatement, or cancellation (or of any judicial decree of amendment or cancellation) shall be delivered to the secretary of state. A person who executes a certificate as an agent or fiduciary need not exhibit evidence of his authority as a prerequisite to filing. Unless the secretary of state finds that any certificate does not conform to law, upon receipt of all filing fees required by law the secretary of state shall: (a) Endorse on each duplicate original the word "Filed" and the effective date of the filing; (b) File one duplicate original; and (c) Return the other duplicate original to the person who filed it or the person’s representative. (2) Upon the filing of a certificate of amendment or restatement, or judicial decree of amendment, in the office of the secretary of state, the certificate of limited partnership shall be amended or restated as set forth therein, and upon the effective date of a certificate of cancellation or a judicial decree thereof, the certificate of limited partnership is canceled. [1991 c 269 § 5; 1987 c 55 § 10; 1982 c 35 § 178; 1981 c 51 § 13.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 25.10.160 Delivery of certificates to limited partners. Upon the return by the secretary of state pursuant to RCW 25.10.130 of a certificate marked "Filed", the general partners shall promptly deliver or mail a copy of the certificate of limited partnership and each certificate of amendment, restatement, or cancellation to each limited partner unless the partnership agreement provides otherwise. [1991 c 269 § 7; 1987 c 55 § 13; 1981 c 51 § 16.] 25.10.160 ARTICLE 3 LIMITED PARTNERS 25.10.170 Admission of limited partners. (1) A person becomes a limited partner on the later of: (a) The date the original certificate of limited partnership is filed; or (b) The date stated in the records of the limited partnership as the date that person becomes a limited partner. (2) After the filing of a limited partnership’s original certificate of limited partnership, a person may be admitted as an additional limited partner: (a) In the case of a person acquiring a partnership interest directly from the limited partnership, upon the compliance with the partnership agreement or, if the partnership agreement does not so provide, upon the written consent of all partners; and (b) In the case of an assignee of a partnership interest of a partner who has the power, as provided in RCW 25.10.420, to grant the assignee the right to become a limited partner, upon the exercise of that power and compliance with any conditions limiting the grant or exercise of the power. [1987 c 55 § 14; 1981 c 51 § 17.] 25.10.170 25.10.140 25.10.140 Liability for false statement in certificate. If any certificate of limited partnership or certificate of amendment, restatement, or cancellation contains a false statement, one who suffers loss by reliance on the statement may recover damages for the loss from: (1) Any person who executes the certificate, or causes another to execute it on his behalf, and knew, and any general partner who knew or should have known, the statement to be false at the time the certificate was executed; and (2) Any general partner who thereafter knows or should have known that any arrangement or other fact described in the certificate has changed, making the statement inaccurate in any respect within a sufficient time before the statement was relied upon reasonably to have enabled that general partner to cancel or amend the certificate, or to file a petition for its cancellation or amendment under RCW 25.10.120. [1991 c 269 § 6; 1987 c 55 § 11; 1981 c 51 § 14.] 25.10.150 25.10.150 Notice. (1) The fact that a certificate of limited partnership is on file in the office of the secretary of state is notice that the partnership is a limited partnership and the persons designated therein as general partners are general partners, but is not notice of any other fact. (2) A restated certificate of limited partnership shall be notice that the prior certificate of limited partnership and all amendments thereto are superseded. [1987 c 55 § 12; 1981 c 51 § 15.] [Title 25 RCW—page 24] 25.10.180 Voting. Subject to RCW 25.10.190, the partnership agreement may grant to all or a specified group of the limited partners the right to vote on a per capita or other basis upon any matter. [1981 c 51 § 18.] 25.10.180 25.10.190 Liability to third parties. (1) Except as provided in subsection (4) of this section, a limited partner is not liable for the obligations of a limited partnership unless the limited partner is also a general partner or, in addition to the exercise of rights and powers as a limited partner, the limited partner participates in the control of the business. However, if the limited partner participates in the control of the business, the limited partner is liable only to persons who transact business with the limited partnership reasonably believing, based upon the limited partner’s conduct, that the limited partner is a general partner. (2) A limited partner does not participate in the control of the business within the meaning of subsection (1) of this section solely by doing one or more of the following: (a) Being a contractor for or an agent or employee of the limited partnership or of a general partner, or being an officer, director, or shareholder of a general partner that is a corporation; (b) Consulting with and advising a general partner with respect to the business of the limited partnership; (c) Acting as surety for the limited partnership or guaranteeing or assuming one or more specific obligations of the 25.10.190 (2008 Ed.) Limited Partnerships limited partnership or providing collateral for partnership obligations; (d) Taking any action required or permitted by law to bring or pursue a derivative action in the right of the limited partnership; (e) Requesting or attending a meeting of partners; (f) Proposing, approving, or disapproving, by voting or otherwise, on one or more of the following matters: (i) The dissolution and winding up of the limited partnership; (ii) The sale, exchange, lease, mortgage, pledge, or other transfer of all or substantially all of the assets of the limited partnership; (iii) The incurrence of indebtedness by the limited partnership other than in the ordinary course of its business; (iv) A change in the nature of its business; (v) The admission or removal of a limited partner; (vi) The admission or removal of a general partner; (vii) A transaction involving an actual or potential conflict of interest between a general partner and the limited partnership or the limited partners; (viii) An amendment to the partnership agreement or certificate of limited partnership; or (ix) Matters related to the business of the limited partnership not otherwise enumerated in this subsection (2), that the partnership agreement states in writing may be subject to the approval or disapproval of limited partners or a committee of limited partners; (g) Winding up the limited partnership pursuant to RCW 25.10.460 or conducting the affairs of the limited partnership during any portion of the ninety days referred to in RCW 25.10.440; or (h) Exercising any right or power permitted to limited partners under this chapter and not specifically enumerated in this subsection (2). (3) The enumeration in subsection (2) of this section does not mean that the possession or exercise of any other powers by a limited partner constitutes participation by him in the control of the business of the limited partnership. (4) A limited partner who knowingly permits his name to be used in the name of the limited partnership, except under circumstances permitted by *RCW 25.10.020(2), is liable to creditors who extend credit to the limited partnership without actual knowledge that the limited partner is not a general partner. [1987 c 55 § 15; 1981 c 51 § 19.] *Reviser’s note: RCW 25.10.020 was amended by 1991 c 269 § 1, changing subsection (2) to subsection (1)(b). 25.10.200 Person erroneously believing that he or she is limited partner. (1) Except as provided in subsection (2) of this section, a person who makes a contribution to a business enterprise and erroneously but in good faith believes that he or she has become a limited partner in the enterprise is not a general partner in the enterprise and is not bound by its obligations by reason of making the contribution, receiving distributions from the enterprise, or exercising any rights of a limited partner, if, within a reasonable time after ascertaining the mistake, the person: (a) Causes an appropriate certificate of limited partnership or a certificate of amendment to be executed and filed; or 25.10.200 (2008 Ed.) 25.10.230 (b) Withdraws from future equity participation in the enterprise by executing and filing in the office of the secretary of state a certificate or statement declaring withdrawal under this section. (2) A person who makes a contribution of the kind described in subsection (1) of this section is liable as a general partner to any third party who transacts business with the enterprise (a) before the person withdraws and an appropriate certificate is filed to show withdrawal, or (b) before an appropriate certificate is filed to show that the person is not a general partner, but in either case only if the third party actually believed in good faith that the person was a general partner at the time of the transaction. [1987 c 55 § 16; 1983 c 302 § 1; 1981 c 51 § 20.] 25.10.210 Information. Each limited partner or limited partner’s agent or attorney has the right to: (1) Inspect and copy any of the partnership records required to be maintained by RCW 25.10.050; and (2) Obtain from the general partners from time to time upon reasonable demand (a) true and full information regarding the state of the business and financial condition of the limited partnership, (b) promptly after becoming available, a copy of the limited partnership’s federal income tax returns and state business and occupation tax return for each year, and (c) other information regarding the affairs of the limited partnership as is just and reasonable. [1991 c 269 § 10; 1987 c 55 § 17; 1981 c 51 § 21.] 25.10.210 ARTICLE 4 GENERAL PARTNERS 25.10.220 Admission of additional general partners. Unless otherwise provided in the partnership agreement, after the filing of a limited partnership’s original certificate of limited partnership, additional general partners may be admitted only with the specific written consent of each general partner, if any, and limited partners representing at least two-thirds of the agreed value, as stated in the records of the partnership required to be kept under RCW 25.10.050, of contributions made, or required to be made, by all limited partners. [2000 c 169 § 6; 1981 c 51 § 22.] 25.10.220 25.10.230 Events of withdrawal of general partner. Except as approved by the specific written consent of all partners at the time, a person ceases to be a general partner of a limited partnership, and the person or its successor in interest attains the status of an assignee as set forth in RCW 25.10.400(1), upon the happening of any of the following events: (1) The general partner withdraws from the limited partnership as provided in RCW 25.10.320; (2) The general partner ceases to be a member of the limited partnership as provided in RCW 25.10.400; (3) The general partner is removed as a general partner in accordance with the partnership agreement; (4) Unless otherwise provided in writing in the partnership agreement, the general partner: (a) Makes an assignment for the benefit of creditors; (b) Files a voluntary petition in bankruptcy; 25.10.230 [Title 25 RCW—page 25] 25.10.240 Title 25 RCW: Partnerships (c) Is adjudicated a bankrupt or insolvent; (d) Files a petition or answer seeking for himself or herself any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation; (e) Files an answer or other pleading admitting or failing to contest the material allegations of a petition filed against him or her in any proceeding of this nature; or (f) Seeks, consents to, or acquiesces in the appointment of a trustee, receiver, or liquidator of the general partner or of all or any substantial part of his or her properties; (5) Unless otherwise provided in the certificate of limited partnership, ninety days after the commencement of any proceeding against the general partner seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation, the proceeding has not been dismissed, or if within sixty days after the appointment without the general partner’s consent or acquiescence of a trustee, receiver, or liquidator of the general partner of all or any substantial part of his or her properties, the appointment is not vacated or stayed, or within sixty days after the expiration of any such stay, the appointment is not vacated; (6) In the case of a general partner who is a natural person: (a) His or her death; or (b) The entry by a court of competent jurisdiction adjudicating the general partner incompetent to manage his or her person or estate; (7) In the case of a general partner who is acting as a general partner by virtue of being a trustee of a trust, the termination of the trust (but not merely the substitution of a new trustee); (8) In the case of a general partner that is a separate partnership, the dissolution and commencement of winding up of the separate partnership; (9) In the case of a general partner that is a corporation, the filing of a certificate of dissolution, or its equivalent, for the corporation or the revocation of its charter; or (10) In the case of an estate, the distribution by the fiduciary of the estate’s entire interest in the partnership. [2000 c 169 § 7; 1987 c 55 § 18; 1981 c 51 § 23.] 25.10.240 General powers and liabilities of general partner. (1) Except as provided in this chapter or in the partnership agreement, a general partner of a limited partnership has the rights and powers and is subject to the restrictions of a partner in a partnership without limited partners. (2) Except as provided in this chapter, a general partner of a limited partnership has the liabilities of a partner in a partnership without limited partners to persons other than the limited partnership and the other partners. Except as provided in this chapter or in the partnership agreement, a general partner of a limited partnership has the liabilities of a partner in a partnership without limited partners to the limited partnership and to the other partners. [1987 c 55 § 19; 1983 c 302 § 2; 1981 c 51 § 24.] 25.10.240 25.10.250 Contributions by a general partner. A general partner of a limited partnership may make contribu25.10.250 [Title 25 RCW—page 26] tions to the limited partnership and share in the profits and losses of, and in distributions from, the limited partnership as a general partner. A general partner also may make contributions to and share in profits, losses, and distributions as a limited partner. A person who is both a general partner and a limited partner has the rights and powers, and is subject to the restrictions and liabilities, of a general partner and, except as provided in the partnership agreement, also has the powers, and is subject to the restrictions, of a limited partner to the extent of his or her participation in the partnership as a limited partner. [1987 c 55 § 20; 1981 c 51 § 25.] 25.10.260 Voting. The partnership agreement may grant to all or certain identified general partners the right to vote on a per capita or any other basis, separately or with all or any class of the limited partners, on any matter. [1981 c 51 § 26.] 25.10.260 ARTICLE 5 FINANCE 25.10.270 Form of contribution. The contribution of a partner may be in cash, property, or services rendered, or a promissory note or other obligation to contribute cash or property or to perform services. [1981 c 51 § 27.] 25.10.270 Prospective application: RCW 25.10.650. 25.10.280 Liability for contributions. (1) Except as provided in the partnership agreement, a partner is obligated to the limited partnership to perform any promise to contribute cash or property or to perform services, even if the partner is unable to perform because of death, disability, or any other reason. If a partner does not make the required contribution of property or services, the partner is obligated at the option of the limited partnership to contribute cash equal to that portion of the value, as stated in the partnership agreement or, if not stated in the agreement, in the limited partnership records required to be kept pursuant to RCW 25.10.050(5), of the stated contribution that has not been made. (2) Unless otherwise provided in the partnership agreement, the obligation of a partner to make a contribution or return money or other property paid or distributed in violation of this chapter may be compromised only by consent of all the partners. Notwithstanding the compromise, a creditor of a limited partnership who extends credit, or whose claim arises, after the entering into of a partnership agreement or an amendment thereto which, in either case, reflects the obligation, and before the amendment or cancellation thereof to reflect the compromise, may enforce the original obligation to the extent that, in extending credit, the creditor reasonably relied on the obligation of a partner to make a contribution. [1987 c 55 § 21; 1981 c 51 § 28.] 25.10.280 Prospective application: RCW 25.10.650. 25.10.290 Sharing of profits and losses. The profits and losses of a limited partnership shall be allocated among the partners, and among classes of partners, in the manner provided in the partnership agreement. If the partnership agreement does not so provide, profits and losses shall be allocated on the basis of the value, as stated in the partnership 25.10.290 (2008 Ed.) Limited Partnerships agreement or, if not stated therein, in the limited partnership records required to be kept pursuant to RCW 25.10.050(5), of the contributions made by each partner to the extent they have been received by the limited partnership and have not been returned. [1987 c 55 § 22; 1981 c 51 § 29.] 25.10.300 Sharing of distributions. Distributions of cash or other assets of a limited partnership shall be allocated among the partners, and among classes of partners, in the manner provided in the partnership agreement. If the partnership agreement does not so provide, distributions shall be made on the basis of the value, as stated in the partnership agreement or, if not stated therein, in the limited partnership records required to be kept pursuant to RCW 25.10.050(5), of the contributions made by each partner to the extent they have been received by the limited partnership and have not been returned. [1987 c 55 § 23; 1981 c 51 § 30.] 25.10.300 ARTICLE 6 DISTRIBUTIONS AND WITHDRAWAL 25.10.310 Interim distributions. Except as provided in this article, a partner is entitled to receive distributions from a limited partnership before the partner’s withdrawal from the limited partnership and before the dissolution and winding up thereof to the extent and at the times or upon the happening of the events specified in the partnership agreement. [1987 c 55 § 24; 1982 c 35 § 179; 1981 c 51 § 31.] 25.10.310 Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 25.10.320 Withdrawal of general partner. A general partner may withdraw from a limited partnership at any time by giving written notice to the other partners, but if the withdrawal violates the partnership agreement, the limited partnership may recover from the withdrawing general partner damages for breach of the partnership agreement and offset the damages against the amount otherwise distributable to him. [1981 c 51 § 32.] 25.10.320 25.10.330 Withdrawal of limited partner. A limited partner may withdraw from a limited partnership at the time or upon the happening of events specified in and in accordance with the partnership agreement. If the partnership agreement does not specify the time or the events upon the happening of which a limited partner may withdraw, a limited partner may not withdraw prior to the time for the dissolution and winding up of the limited partnership. [1996 c 76 § 2; 1987 c 55 § 25; 1981 c 51 § 33.] 25.10.330 25.10.340 Distribution upon withdrawal. Except as provided in this article, upon withdrawal any withdrawing partner is entitled to receive any distribution to which he or she is entitled under the partnership agreement and, if not otherwise provided in the partnership agreement, the partner is entitled to receive, within a reasonable time after withdrawal, the fair value of his or her interest in the limited partnership as of the date of withdrawal based upon his or her right to share in distributions from the limited partnership. [1987 c 55 § 26; 1981 c 51 § 34.] 25.10.340 (2008 Ed.) 25.10.390 25.10.350 25.10.350 Distribution in kind. Except as provided in the partnership agreement, a partner, regardless of the nature of his or her contribution, has no right to demand and receive any distribution from a limited partnership in any form other than cash. Except as provided in the partnership agreement, a partner may not be compelled to accept a distribution of any asset in kind from a limited partnership to the extent that the percentage of the asset distributed to the partner exceeds a percentage of that asset which is equal to the percentage in which he or she shares in distributions from the limited partnership. [1987 c 55 § 27; 1981 c 51 § 35.] 25.10.360 25.10.360 Right to distribution. At the time a partner becomes entitled to receive a distribution, he has the status of and is entitled to all remedies available to a creditor of the limited partnership with respect to the distribution. [1981 c 51 § 36.] 25.10.370 25.10.370 Limitations on distributions. (1) A limited partnership shall not make a distribution to a partner to the extent that at the time of the distribution, after giving effect to the distribution, (a) the limited partnership would not be able to pay its debts as they become due in the usual course of business, or (b) all liabilities of the limited partnership, other than liabilities to partners on account of their partnership interests and liabilities for which the recourse of creditors is limited to specified property of the limited partnership, exceed the fair value of the assets of the limited partnership, except that the fair value of property that is subject to a liability for which the recourse of creditors is limited shall be included in the assets of the limited partnership only to the extent that the fair value of that property exceeds that liability. (2)(a) A limited partner who receives a distribution in violation of subsection (1) of this section, and who knew at the time of the distribution that the distribution violated subsection (1) of this section, shall be liable to the limited partnership for the amount of the distribution. (b) A limited partner who receives a distribution in violation of subsection (1) of this section, and who did not know at the time of the distribution that the distribution violated subsection (1) of this section, shall not be liable for the amount of the distribution. This subsection (2)(b) shall not affect any obligation or liability of a limited partner under a partnership agreement or other applicable law for the amount of a distribution. (3) A limited partner who receives a distribution from a limited partnership shall have no liability under this chapter for the amount of the distribution after the expiration of three years from the date of the distribution, except to the extent such limited partner shall have agreed in writing to extend liability beyond the expiration of the three-year period. [1991 c 269 § 29; 1987 c 55 § 28; 1981 c 51 § 37.] ARTICLE 7 ASSIGNMENT OF PARTNERSHIP INTERESTS 25.10.390 25.10.390 Nature of partnership interest. A partnership interest is personal property. [1981 c 51 § 39.] [Title 25 RCW—page 27] 25.10.400 Title 25 RCW: Partnerships 25.10.400 Assignment of partnership interest—Certificate of partnership interest. (1) Unless otherwise provided in the partnership agreement: (a) A partnership interest is assignable in whole or in part; (b) An assignment of a partnership interest does not dissolve a limited partnership or entitle the assignee to become or to exercise any rights or powers of a partner; (c) An assignment entitles the assignee to share in such profits and losses, to receive such distribution or distributions, and to receive such allocation of income, gain, loss, deduction, or credit or similar item to which the assignor was entitled, to the extent assigned; and (d) A partner ceases to be a partner and to have the power to exercise any rights or powers of a partner upon assignment of all of his or her partnership interest. (2) The partnership agreement may provide that a partner’s interest in a limited partnership may be evidenced by a certificate of partnership interest issued by the limited partnership and may also provide for the assignment or transfer of any partnership interest represented by such a certificate and make other provisions with respect to such certificates. [1987 c 55 § 30; 1981 c 51 § 40.] 25.10.400 25.10.410 Rights of creditor. On application to a court of competent jurisdiction by any judgment creditor of a partner, the court may charge the partnership interest of the partner with payment of the unsatisfied amount of the judgment with interest. To the extent so charged, the judgment creditor has only the rights of an assignee of the partnership interest. This chapter does not deprive any partner of the benefit of any exemption laws applicable to his partnership interest. [1981 c 51 § 41.] 25.10.410 25.10.420 Right of assignee to become limited partner. (1) An assignee of a partnership interest, including an assignee of a general partner, may become a limited partner if and to the extent that (a) the assignor gives the assignee that right in accordance with authority described in the partnership agreement, or (b) all other partners consent. (2) An assignee who has become a limited partner has, to the extent assigned, the rights and powers, and is subject to the restrictions and liabilities, of a limited partner under the partnership agreement and this chapter. An assignee who becomes a limited partner also is liable for the obligations of his or her assignor to make and return contributions as provided in Articles 5 and 6 of this chapter. However, the assignee is not obligated for liabilities unknown to the assignee at the time he or she became a limited partner. (3) If an assignee of a partnership interest becomes a limited partner, the assignor is not released from his or her liability to the limited partnership under RCW 25.10.140 and 25.10.280. [1987 c 55 § 31; 1981 c 51 § 42.] 25.10.420 Prospective application: RCW 25.10.650. 25.10.430 Power of estate of deceased or incompetent partner. If a partner who is an individual dies or a court of competent jurisdiction adjudges him to be incompetent to manage his person or his property, the partner’s executor, administrator, guardian, conservator, or other legal represen- tative may exercise all of the partner’s rights for the purpose of settling the partner’s estate or administering the partner’s property, including any power the partner had to give an assignee the right to become a limited partner. If a partner is a corporation, trust, or other entity and is dissolved or terminated, the powers of that partner may be exercised by its legal representative or successor. [1981 c 51 § 43.] ARTICLE 8 DISSOLUTION 25.10.440 Nonjudicial dissolution. A limited partnership is dissolved and its affairs shall be wound up upon the happening of the first to occur of the following: (1) The dissolution date, if any, specified in the certificate of limited partnership. If a dissolution date is not specified in the certificate of limited partnership, the limited partnership’s existence shall continue until the first to occur of the events described in subsections (2) through (6) of this section. If a dissolution date is specified in the certificate of limited partnership and unless the limited partnership agreement provides otherwise, the certificate of limited partnership may be amended and the existence of the limited partnership may be extended by the vote of all the partners; (2) Upon the happening of events specified in the partnership agreement; (3) Written consent of all partners; (4) Unless the limited partnership agreement provides otherwise, ninety days following: (a) The withdrawal of, or the assignment of the interest of, the last remaining limited partner if by the ninetieth day a majority of the number of general partners have failed to vote to admit one or more limited partners; or (b) An event of withdrawal with respect to the last remaining general partner if by the ninetieth day the limited partners have failed to vote to admit one or more general partners. For the purposes of this subsection (4)(b) and unless the limited partnership agreement provides otherwise, the vote of the limited partners shall be the vote of limited partners representing two-thirds of the total agreed value, as stated in the records of the partnership required to be kept under RCW 25.10.050, of contributions made, or required to be made, by all limited partners; (5) Entry of a decree of judicial dissolution under RCW 25.10.450; or (6) Administrative dissolution under RCW 25.10.455. [2000 c 169 § 8; 1996 c 76 § 3; 1991 c 269 § 30; 1987 c 55 § 32; 1981 c 51 § 44.] 25.10.440 25.10.450 Judicial dissolution. On application by or for a partner, the superior courts may decree dissolution of a limited partnership whenever: (1) It is not reasonably practicable to carry on the business in conformity with the partnership agreement; or (2) when other circumstances render dissolution equitable. [1981 c 51 § 45.] 25.10.450 25.10.430 [Title 25 RCW—page 28] 25.10.453 Administrative dissolution—Commencement of proceeding. The secretary of state may commence a proceeding under RCW 25.10.455 to administratively dissolve a limited partnership if: 25.10.453 (2008 Ed.) Limited Partnerships (1) An amendment to the certificate of limited partnership required by RCW 25.10.090(2)(c) is not filed when specified by that provision; (2) The limited partnership is without a registered agent or registered office in this state for sixty days or more; (3) The limited partnership does not notify the secretary of state within sixty days that its registered agent or registered office has been changed, that its registered agent has resigned, or that its registered office has been discontinued; or (4) The limited partnership does not deliver its completed periodic report to the secretary of state when it is due. [1998 c 277 § 3; 1991 c 269 § 31.] 25.10.490 amendment to its certificate of limited partnership reflecting a change of name. (3) When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the limited partnership may resume carrying on its business as if the administrative dissolution had never occurred. (4) If an application for reinstatement is not made within the two-year period set forth in subsection (1) of this section, or if the application made within this period is not granted, the secretary of state shall cancel the limited partnership’s certificate of limited partnership. [1991 c 269 § 33.] 25.10.460 25.10.455 Administrative dissolution—Notice— Opportunity to correct deficiencies. (1) If the secretary of state determines that one or more grounds exist under RCW 25.10.453 for dissolving a limited partnership, the secretary of state shall give the limited partnership written notice of the determination by first-class mail, postage prepaid reciting the grounds therefor. Notice shall be sent to the address of the office for records and address of the agent for service of process contained in the certificate having this information which is most recently filed with the secretary of state. (2) If the limited partnership does not correct each ground for dissolution or demonstrate to the reasonable satisfaction of the secretary of state that each ground determined by the secretary of state does not exist within sixty days after notice is sent, the limited partnership is thereupon dissolved, the secretary of state shall give the limited partnership written notice of the dissolution that recites the ground or grounds therefor and its effective date. (3) A limited partnership administratively dissolved continues its limited partnership existence but may not carry on any business except that necessary to wind up and liquidate its business and affairs. (4) The administrative dissolution of a limited partnership does not terminate the authority of its registered agent. [1991 c 269 § 32.] 25.10.455 25.10.457 Administrative dissolution—Reinstatement—Application—When effective. (1) A limited partnership administratively dissolved under RCW 25.10.455 may apply to the secretary of state for reinstatement within two years after the effective date of dissolution. The application must: (a) Recite the name of the limited partnership and the effective date of its administrative dissolution; (b) State that the ground or grounds for dissolution either did not exist or have been eliminated; and (c) State that the limited partnership’s name satisfies the requirements of RCW 25.10.020. (2) If the secretary of state determines that the application contains the information required by subsection (1) of this section and that the name is available, the secretary of state shall reinstate the limited partnership and give the limited partnership written notice, as provided in RCW 25.10.455(1) of the reinstatement that recites the effective date of reinstatement. If the name is not available, the limited partnership must file with its application for reinstatement an 25.10.460 Winding up. Except as provided in the partnership agreement, the general partners who have not wrongfully dissolved a limited partnership or, if none, the limited partners, may wind up the limited partnership’s affairs. The superior courts may wind up the limited partnership’s affairs upon application of any partner, that partner’s legal representative, or assignee. [1981 c 51 § 46.] 25.10.470 25.10.470 Distribution of assets. Upon the winding up of a limited partnership, the assets shall be distributed as follows: (1) To creditors, including partners who are creditors, to the extent otherwise permitted by law, in satisfaction of liabilities of the limited partnership other than liabilities for distribution to partners under RCW 25.10.310 or 25.10.340; (2) Except as provided in the partnership agreement, to partners and former partners in satisfaction of liabilities for distributions under RCW 25.10.310 or 25.10.340; and (3) Except as provided in the partnership agreement, to partners first for the return of their contributions and secondly respecting their partnership interests, in the proportions in which the partners share in distributions. [1981 c 51 § 47.] ARTICLE 9 FOREIGN LIMITED PARTNERSHIPS 25.10.457 (2008 Ed.) 25.10.480 25.10.480 Law governing. Subject to the Constitution of the state of Washington, (1) the laws of the state, province, or other jurisdiction under which a foreign limited partnership is organized govern its organization and internal affairs and the liability of its limited partners, and (2) a foreign limited partnership may not be denied registration by reason of any difference between those laws and the laws of this state. [1981 c 51 § 48.] 25.10.490 25.10.490 Registration. Before transacting business in this state, a foreign limited partnership shall register with the secretary of state. In order to register, a foreign limited partnership shall submit to the secretary of state, in duplicate, an application for registration as a foreign limited partnership, signed and sworn to by a general partner and setting forth: (1) The name of the foreign limited partnership as set forth in its certificate of limited partnership and, if different, the name under which it proposes to register and transact business in this state; [Title 25 RCW—page 29] 25.10.500 Title 25 RCW: Partnerships (2) The state, province, or other jurisdiction under which the foreign limited partnership was organized and the date of its formation; (3) The name and address of any agent for service of process on the foreign limited partnership whom the foreign limited partnership appoints pursuant to RCW 25.10.040(2) and (3). The agent must be an individual resident of this state, a domestic corporation, or a foreign corporation having a place of business in, and authorized to do business in this state; (4) A statement that the secretary of state is appointed the agent of the foreign limited partnership for service of process if the agent’s authority has been revoked or if the agent cannot be found or served with the exercise of reasonable diligence; (5) The address of the office required to be maintained in the state or other jurisdiction of its organization by the laws of that state or other jurisdiction or, if not so required, of the principal office of the foreign limited partnership; (6) The name and business address of each general partner; (7) The addresses of the office at which a list is kept of the names and addresses of the limited partners and their capital contributions, together with an undertaking by the foreign limited partnership to keep those records until the foreign limited partnership’s registration in this state is canceled; and (8) If the foreign limited partnership was organized under laws of a jurisdiction other than another state, a copy of a written partnership agreement, in English language. [1987 c 55 § 33; 1981 c 51 § 49.] 25.10.500 Issuance of registration. (1) If the secretary of state finds that an application for registration conforms to law and all requisite fees have been paid, the secretary shall: (a) Endorse on the application the word "Filed", and the month, day, and year of the filing thereof; (b) File in his or her office a duplicate original of the application; and (c) Issue a certificate of registration to transact business in this state. (2) The certificate of registration, together with a duplicate original of the application, shall be returned to the person who filed the application or his representative. [1981 c 51 § 50.] 25.10.500 25.10.510 Name—Foreign limited partnership. A foreign limited partnership may register with the secretary of state under any name, whether or not it is the name under which it is registered in its place of organization, that includes the words "limited partnership" or the abbreviation "L.P." and that could be registered by a domestic limited partnership. [1987 c 55 § 34; 1981 c 51 § 51.] 25.10.510 Name of limited partnership: RCW 25.10.020, 25.10.030. 25.10.520 Changes and amendments. If any statement in the application for registration of a foreign limited partnership was false when made or any arrangements or other facts described have changed, making the application inaccurate in any respect, the general partner of the foreign limited partnership shall promptly file in the office of the secretary of state a 25.10.520 [Title 25 RCW—page 30] certificate, signed and sworn to by a general partner, correcting such statement. [1981 c 51 § 52.] 25.10.530 25.10.530 Cancellation of registration. A foreign limited partnership may cancel its registration by filing with the secretary of state a certificate of cancellation signed and sworn to by a general partner. A cancellation does not terminate the authority of the secretary of state to accept service of process on the foreign limited partnership with respect to causes of action arising out of the transactions of business in this state. [1981 c 51 § 53.] 25.10.540 Transaction of business without registration. (1) A foreign limited partnership transacting business in this state may not maintain any action, suit, or proceeding in any court of this state until it has registered in this state. (2) The failure of a foreign limited partnership to register in this state does not impair the validity of any contract or act of the foreign limited partnership or prevent the foreign limited partnership from defending any action, suit, or proceeding in any court of this state. (3) A limited partner of a foreign limited partnership is not liable as a general partner of the foreign limited partnership solely by reason of having transacted business in this state without registration. (4) Without excluding other activities which may not constitute transacting business in this state, a foreign limited partnership shall not be considered to be transacting business in this state, for the purposes of this title, by reason of carrying on in this state any one or more of the following activities: (a) Defending any action or suit or any administrative or arbitration proceeding, or effecting the settlement thereof or the settlement of claims or disputes. (b) Holding meetings of its partners or carrying on other activities concerning its internal affairs. (c) Maintaining bank accounts. (d) Maintaining offices or agencies for the transfer, exchange, and registration of its interests, or appointing and maintaining trustees or depositaries with relation to its interests. (e) Effecting sales through independent contractors. (f) Soliciting or procuring orders, whether by mail or through employees or agents or otherwise, where such orders require acceptance without this state before becoming binding contracts. (g) Creating evidences of debt, mortgages, or liens on real or personal property. (h) Securing or collecting debts or enforcing any rights in property securing the same. (i) Transacting any business in interstate commerce. (j) Conducting an isolated transaction completed within a period of thirty days and not in the course of a number of repeated transactions of like nature. (5) A foreign limited partnership, by transacting business in this state without registration, appoints the secretary of state as its agent for service of process with respect to causes of action arising out of the transaction of business in this state. [1981 c 51 § 54.] 25.10.540 (2008 Ed.) Limited Partnerships 25.10.550 25.10.550 Action by secretary of state. The secretary of state may bring an action to restrain a foreign limited partnership from transacting business in this state in violation of this article. [1981 c 51 § 55.] 25.10.553 25.10.553 Revocation of registration—Commencement of proceeding. The secretary of state may commence a proceeding under RCW 25.10.555 to revoke registration of a foreign limited partnership authorized to transact business in this state if: (1) The foreign limited partnership is without a registered agent or registered office in this state for sixty days or more; (2) The foreign limited partnership does not inform the secretary of state under RCW 25.10.520 that its registered agent or registered office has changed, that its registered agent has resigned, or that its registered office has been discontinued within sixty days of the change, resignation, or discontinuance; (3) A general partner or other agent of the foreign limited partnership signed a document knowing it was false in any material respect with intent that the document be delivered to the secretary of state for filing; (4) The secretary of state receives a duly authenticated certificate from the secretary of state or other official having custody of partnership records in the jurisdiction under which the foreign limited partnership was organized stating that the foreign limited partnership has been dissolved or its limited partnership certificate canceled; or (5) The foreign limited partnership does not deliver its completed periodic report to the secretary of state when it is due. [1998 c 277 § 4; 1991 c 269 § 43.] 25.10.555 25.10.555 Revocation of registration—Notice— Opportunity to correct deficiencies. (1) If the secretary of state determines that one or more grounds exist under RCW 25.10.553 for revocation of a foreign limited partnership’s registration, the secretary of state shall give the foreign limited partnership written notice of the determination by firstclass mail, postage prepaid, stating in the notice the ground or grounds for and effective date of the secretary of state’s determination, which date shall not be earlier than the date on which the notice is mailed. (2) If the foreign limited partnership does not correct each ground for revocation or demonstrate to the reasonable satisfaction of the secretary of state that each ground determined by the secretary of state does not exist within sixty days after notice is effective, the secretary of state shall revoke the foreign limited partnership’s registration by signing a certificate of revocation that recites the ground or grounds for revocation and its effective date. The secretary of state shall file the original of the certificate and mail a copy to the foreign limited partnership. (3) Documents to be mailed by the secretary of state to a foreign limited partnership for which provision is made in this section shall be sent to the foreign limited partnership at the address of the agent for service of process contained in the application or certificate of this partnership which is most recently filed with the secretary of state. (2008 Ed.) 25.10.600 (4) The authority of a foreign limited partnership to transact business in this state ceases on the date shown on the certificate revoking its registration. (5) The secretary of state’s revocation of a foreign limited partnership’s registration appoints the secretary of state the foreign limited partnership’s agent for service of process in any proceeding based on a cause of action which arose during the time the foreign limited partnership was authorized to transact business in this state. (6) Revocation of a foreign limited partnership’s registration does not terminate the authority of the registered agent of the foreign limited partnership. [1991 c 269 § 44.] ARTICLE 10 DERIVATIVE ACTIONS 25.10.560 Right of action. A limited partner may bring an action in the right of a limited partnership to recover a judgment in its favor if general partners with authority to do so have refused to bring the action or if an effort to cause those general partners to bring the action is not likely to succeed. [1981 c 51 § 56.] 25.10.560 25.10.570 Proper plaintiff. In a derivative action, the plaintiff must be a partner at the time of bringing the action and (1) at the time of the transaction of which he complains or (2) his status as a partner had devolved upon him by operation of law or pursuant to the terms of the partnership agreement from a person who was a partner at the time of the transaction. [1981 c 51 § 57.] 25.10.570 25.10.580 Pleading. In a derivative action, the complaint shall set forth with particularity the effort of the plaintiff to secure initiation of the action by a general partner or the reasons for not making the effort. [1981 c 51 § 58.] 25.10.580 25.10.590 Expenses. If a derivative action is successful, in whole or in part, or if anything is received by the plaintiff as a result of a judgment, compromise, or settlement of an action or claim, the court may award the plaintiff reasonable expenses, including reasonable attorney’s fees, and shall direct the plaintiff to remit to the limited partnership the remainder of those proceeds received by him. [1981 c 51 § 59.] 25.10.590 ARTICLE 11 FEES AND CHARGES 25.10.600 Establishment of filing fees and miscellaneous charges. The secretary of state shall adopt rules establishing fees which shall be charged and collected for: (1) Filing of a certificate of limited partnership for a domestic or foreign limited partnership; (2) Filing of a certificate of cancellation for a domestic or foreign limited partnership; (3) Filing of a certificate of amendment or restatement for a domestic or foreign limited partnership; (4) Filing an application to reserve or transfer a limited partnership name; 25.10.600 [Title 25 RCW—page 31] 25.10.605 Title 25 RCW: Partnerships (5) Filing any other statement or report authorized or permitted to be filed; (6) Copies, certified copies, certificates, service of process filings, and expedited filings or other special services. In the establishment of a fee schedule, the secretary of state shall, insofar as is possible and reasonable, be guided by the fee schedule provided for corporations registering pursuant to Title 23B RCW. Fees for copies, certified copies, certificates of record, and service of process filings shall be as provided for in RCW 23B.01.220. All fees collected by the secretary of state shall be deposited with the state treasurer pursuant to law. [1991 c 269 § 12; 1991 c 72 § 48; 1987 c 55 § 35; 1981 c 51 § 60.] Reviser’s note: This section was amended by 1991 c 72 § 48 and by 1991 c 269 § 12, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). (3) Sections 27, 28, and 38 of this act apply only to contributions and distributions made after the effective date of this act. (4) Section 42 of this act applies only to assignment made after the effective date of this act. (5) Article 9 of this act, dealing with registration of foreign limited partnerships, is not effective until the extended effective date. [1981 c 51 § 65.] 25.10.660 Rules for class not provided for in this chapter. In any case not provided for in this chapter, the provisions of the Washington revised uniform partnership act, or its successor statute, govern. [2000 c 169 § 9; 1981 c 51 § 66.] 25.10.660 Uniform partnership act: Chapter 25.04 RCW. 25.10.670 Application to existing partnerships. (1) Except as provided in subsections (1) and (2) of this section, the provisions of this title shall apply to all existing limited partnerships formed after June 6, 1945, under any prior statute of this state providing for the formation of limited partnerships, except to the extent provisions of this title are inconsistent with provisions of the certificate or partnership agreement of such existing limited partnerships, which partnership provisions were applicable to such limited partnerships as of January 1, 1982, and which partnership provisions would have been valid under any such applicable prior statutes. Insofar as the provisions of this title are substantially the same as statutory provisions repealed by this title and relate to the same subject matter, such provisions shall be construed as restatements and continuations, and not as new enactments. Neither the enactment of this title nor the amendment of this title nor the repeal of the prior title shall take away or impair any liability or cause of action existing or accrued by or against any limited partnership or its partners. (2) On or before September 30, 1982, each county clerk shall transmit all files, records, indexes, and other documents maintained in the county clerk’s office, pursuant to prior statutes requiring limited partnership filings at the office of county clerk, to the office of the secretary of state. (3) Upon receipt of the limited partnership records from the county clerks, the secretary of state shall thereafter treat such county filings as a filing with the secretary of state. The secretary of state shall establish by September 30, 1982, a filing and record system for integration of the records received from the county clerks and to accomplish the purposes of this chapter relating to centralized filing. [1981 c 51 § 67.] 25.10.670 25.10.605 Fees for services by secretary of state. See RCW 43.07.120. 25.10.605 ARTICLE 12 MISCELLANEOUS 25.10.610 Authority to adopt rules. The secretary of state shall adopt such rules as are necessary to implement the transfer of duties and records required by this chapter including rules providing for the transfer of existing certificates from the counties to the secretary. [1981 c 51 § 61.] 25.10.610 25.10.620 Construction and application. This chapter shall be so applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. [1981 c 51 § 62.] 25.10.620 25.10.630 Short title. This chapter may be cited as the Washington uniform limited partnership act. [1981 c 51 § 63.] 25.10.630 25.10.640 Severability—1981 c 51. If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of the act are severable. [1981 c 51 § 64.] 25.10.640 25.10.650 Effective date and extended effective date—1981 c 51. Except as set forth below, the effective date of this act is January 1, 1982: (1) The existing provisions for execution and filing of certificates of limited partnerships and amendments thereunder and cancellations thereof continue in effect until October 1, 1982, the extended effective date, and sections 2, 3, 4, 5, 8, 9, 10, 11, and 13 of this act are not effective until the extended effective dates. (2) Section 23 of this act, specifying the conditions under which a general partner ceases to be a member of a limited partnership, is not effective until the extended effective date, and the applicable provisions of existing law continue to govern until the extended effective date. 25.10.650 [Title 25 RCW—page 32] 25.10.680 Effect of invalidity of part of this title. If a court of competent jurisdiction shall adjudge to be invalid or unconstitutional any clause, sentence, paragraph, section, or part of this title, such judgment or decree shall not affect, impair, invalidate, or nullify the remainder of this title, but the effect thereof shall be confined to the clause, sentence, paragraph, section, or part of this title so adjudged to be invalid or unconstitutional. [1981 c 51 § 68.] 25.10.680 25.10.690 Section captions. Section captions as used in this chapter do not constitute any part of the law. [1981 c 51 § 71.] 25.10.690 (2008 Ed.) Limited Partnerships ARTICLE 13 MERGERS 25.10.800 Merger—Plan—Effective date. (1) One or more domestic limited partnerships may merge with one or more domestic limited partnerships, domestic corporations, domestic partnerships, or domestic limited liability companies pursuant to a plan of merger approved or adopted as provided in RCW 25.10.810. (2) The plan of merger must set forth: (a) The name of each limited partnership, corporation, partnership, or limited liability company planning to merge and the name of the surviving limited partnership, corporation, partnership, or limited liability company into which the other limited partnership, corporation, partnership, or limited liability company plans to merge; (b) The terms and conditions of the merger; and (c) The manner and basis of converting the partnership interests of each limited partnership and each partnership, and the member interests of each limited liability company, and the shares of each corporation party to the merger into the partnership interests, shares, member interests, obligations, or other securities of the surviving or any other limited partnership, partnership, corporation, or limited liability company or into cash or other property in whole or part. (3) The plan of merger may set forth: (a) Amendments to the certificate of limited partnership of the surviving limited partnership; (b) Amendments to the articles of incorporation of the surviving corporation; (c) Amendments to the certificate of formation of the surviving limited liability company; and (d) Other provisions relating to the merger. (4) If the plan of merger does not specify a delayed effective date, it shall become effective upon the filing of articles of merger. If the plan of merger specifies a delayed effective time and date, the plan of merger becomes effective at the time and date specified. If the plan of merger specifies a delayed effective date but no time is specified, the plan of merger is effective at the close of business on that date. A delayed effective date for a plan of merger may not be later than the ninetieth day after the date it is filed. [1998 c 103 § 1314; 1991 c 269 § 11.] 25.10.800 25.10.810 Merger—Plan—Approval. (1) Unless otherwise provided in its partnership agreement, approval of a plan of merger by a domestic limited partnership party to a merger shall occur when the plan is approved (a) by all general partners of such limited partnership, and (b) by the limited partners or, if there is more than one class of limited partners, then by each class or group of limited partners of such limited partnership, in either case, by limited partners who own more than fifty percent of the then current percentage or other interest in the profits of such limited partnership owned by all limited partners or by the limited partners in each class or group, as appropriate. (2) If a domestic corporation is a party to the merger, the plan of merger shall be adopted and approved as provided in chapter 23B.11 RCW. 25.10.810 (2008 Ed.) 25.10.830 (3) If a domestic partnership is a party to the merger, the plan of merger shall be approved as provided in RCW 25.05.375. (4) If a domestic limited liability company is a party to the merger, the plan of merger shall be approved as provided in RCW 25.15.400. [1998 c 103 § 1315; 1991 c 269 § 13.] 25.10.820 25.10.820 Articles of merger—Filing. After a plan of merger is approved or adopted, the surviving limited partnership, corporation, partnership, or limited liability company shall deliver to the secretary of state for filing articles of merger setting forth: (1) The plan of merger; (2) If the approval of any partners, shareholders, or members of one or more limited partnerships, corporations, partnerships, or limited liability companies party to the merger was not required, a statement to that effect; or (3) If the approval of any partners, shareholders, or members of one or more of the limited partnerships, corporations, partnerships, or limited liability companies party to the merger was required, a statement that the merger was duly approved by such partners, shareholders, and members pursuant to RCW 25.10.810, chapter 23B.11 RCW, chapter 25.15 RCW, or RCW 25.05.375. [1998 c 103 § 1316; 1991 c 269 § 14.] 25.10.830 25.10.830 Effect of merger. (1) When a merger takes effect: (a) Every other partnership, limited partnership, corporation, or limited liability company that is party to the merger merges into the surviving partnership, limited partnership, corporation, or limited liability company and the separate existence of every partnership, limited partnership, corporation, and limited liability company except the surviving partnership, limited partnership, corporation, or limited liability company ceases; (b) The title to all real estate and other property owned by each partnership, limited partnership, corporation, and limited liability company party to the merger is vested in the surviving partnership, limited partnership, corporation, or limited liability company without reversion or impairment; (c) The surviving partnership, limited partnership, corporation, or limited liability company has all liabilities of each partnership, limited partnership, corporation, and limited liability company that is party to the merger; (d) A proceeding pending against any partnership, limited partnership, corporation, or limited liability company that is party to the merger may be continued as if the merger did not occur or the surviving partnership, limited partnership, corporation, or limited liability company may be substituted in the proceeding for the partnership, limited partnership, corporation, or limited liability company whose existence ceased; (e) The partnership agreement of the surviving limited partnership is amended to the extent provided in the plan of merger; (f) The articles of incorporation of the surviving corporation are amended to the extent provided in the plan of merger; [Title 25 RCW—page 33] 25.10.840 Title 25 RCW: Partnerships (g) The certificate of formation of the surviving limited liability company is amended to the extent provided in the plan of merger; and (h) The former holders of the partnership interests of every domestic partnership or limited partnership that is party to the merger and the former holders of the shares of every domestic corporation that is party to the merger and the former holders of member interests of every domestic limited liability company are entitled only to the rights provided in the articles of merger or to their rights under RCW 25.10.900 through 25.10.955, to the rights under chapter 23B.13 RCW, to the rights under chapter 25.05 RCW, or to the rights under RCW 25.15.425 through 25.15.480. (2) Unless otherwise agreed, a merger of a domestic limited partnership, including a domestic limited partnership which is not the surviving entity in the merger, shall not require the domestic limited partnership to wind up its affairs under RCW 25.10.460 or pay its liabilities and distribute its assets under RCW 25.10.470. (3) Unless otherwise agreed, a merger of a domestic partnership, including a domestic partnership which is not the surviving entity in the merger, shall not require the domestic partnership to wind up its affairs under article 8 of chapter 25.05 RCW. (4) Unless otherwise agreed, a merger of a domestic limited liability company, including a domestic limited liability company which is not the surviving entity in the merger, shall not require the domestic limited liability company to wind up its affairs under article 8 of chapter 25.15 RCW. [1998 c 103 § 1317; 1991 c 269 § 15.] 25.10.840 Merger—Foreign and domestic. (1) One or more foreign limited partnerships, foreign partnerships, foreign limited liability companies, and one or more foreign corporations may merge with one or more domestic partnerships, domestic limited partnerships, domestic limited liability companies, or domestic corporations if: (a) The merger is permitted by the law of the jurisdiction under which each foreign limited partnership was organized, and each foreign corporation was incorporated, and each foreign partnership, foreign limited partnership, foreign limited liability company, and foreign corporation complies with that law in effecting the merger; (b) The surviving entity complies with RCW 25.10.820 and 25.05.380; (c) Each domestic limited partnership complies with RCW 25.10.810; (d) Each domestic corporation complies with RCW 23B.11.080; and (e) Each domestic limited liability company complies with RCW 25.15.400. (2) Upon the merger taking effect, a surviving foreign partnership, foreign limited partnership, foreign limited liability company, or foreign corporation is deemed to appoint the secretary of state as its agent for service of process in a proceeding to enforce any obligation or the rights of dissenting partners or shareholders of each domestic partnership, domestic limited partnership, domestic limited liability company, or domestic corporation party to the merger. [1998 c 103 § 1318; 1991 c 269 § 16.] 25.10.840 [Title 25 RCW—page 34] ARTICLE 14 DISSENTERS’ RIGHTS 25.10.900 Definitions. As used in this article: (1) "Limited partnership" means the domestic limited partnership in which the dissenter holds or held a partnership interest, or the surviving limited partnership or corporation by merger, whether foreign or domestic, of that limited partnership. (2) "Dissenter" means a partner who is entitled to dissent from a plan of merger and who exercises that right when and in the manner required by this article. (3) "Fair value," with respect to a dissenter’s partnership interest, means the value of the partnership interest immediately before the effectuation of the merger to which the dissenter objects, excluding any appreciation or depreciation in anticipation of the merger unless exclusion would be inequitable. (4) "Interest" means interest from the effective date of the merger until the date of payment, at the average rate currently paid by the limited partnership on its principal bank loans or, if none, at a rate that is fair and equitable under all the circumstances. [1991 c 269 § 17.] 25.10.900 25.10.905 Partner—Dissent—Payment of fair value. (1) Except as provided in RCW 25.10.915 or 25.10.925(2), a partner of a domestic limited partnership is entitled to dissent from, and obtain payment of, the fair value of the partner’s partnership interest in the event of consummation of a plan of merger to which the limited partnership is a party as permitted by RCW 25.10.800 or 25.10.840. (2) A partner entitled to dissent and obtain payment for the partner’s partnership interest under this article may not challenge the merger creating the partner’s entitlement unless the merger fails to comply with the procedural requirements imposed by this title, Title 23B RCW, the partnership agreement, or is fraudulent with respect to the partner or the limited partnership. (3) The right of a dissenting partner to obtain payment of the fair value of the partner’s partnership interest shall terminate upon the occurrence of any one of the following events: (a) The proposed merger is abandoned or rescinded; (b) A court having jurisdiction permanently enjoins or sets aside the merger; or (c) The partner’s demand for payment is withdrawn with the written consent of the limited partnership. [1991 c 269 § 18.] 25.10.905 25.10.910 Dissenters’ rights—Notice—Timing. (1) Not less than ten days prior to the approval of a plan of merger, the limited partnership must send a written notice to all partners who are entitled to vote on or approve the plan of merger that they may be entitled to assert dissenters’ rights under this article. Such notice shall be accompanied by a copy of this article. (2) The limited partnership shall notify in writing all partners not entitled to vote on or approve the plan of merger that the plan of merger was approved, and send them the dissenters’ notice as required by RCW 25.10.920. [1991 c 269 § 19.] 25.10.910 (2008 Ed.) Limited Partnerships 25.10.915 Partner—Dissent—Voting restriction. A partner who is entitled to vote on or approve the plan of merger and who wishes to assert dissenters’ rights must not vote in favor of or approve the plan of merger. A partner who does not satisfy the requirements of this section is not entitled to payment for the partner’s interest under this article. [1991 c 269 § 20.] 25.10.915 25.10.920 Partners—Dissenters’ notice—Requirements. (1) If the plan of merger is approved, the limited partnership shall deliver a written dissenters’ notice to all partners who satisfied the requirements of RCW 25.10.915. (2) The dissenters’ notice required by RCW 25.10.910(2) or by subsection (1) of this section must be sent within ten days after the approval of the plan of merger, and must: (a) State where the payment demand must be sent; (b) Inform holders of the partnership interest as to the extent transfer of the partnership interest will be restricted as permitted by RCW 25.10.930 after the payment demand is received; (c) Supply a form for demanding payment; (d) Set a date by which the limited partnership must receive the payment demand, which date may not be fewer than thirty nor more than sixty days after the date the notice under this section is delivered; and (e) Be accompanied by a copy of this article. [1991 c 269 § 21.] 25.10.920 25.10.925 Partner—Payment demand—Entitlement. (1) A partner who demands payment retains all other rights of a partner until the proposed merger becomes effective. (2) A partner sent a dissenters’ notice who does not demand payment by the date set in the dissenters’ notice is not entitled to payment for the partner’s partnership interest under this article. [1991 c 269 § 22.] 25.10.925 25.10.930 Partnership interests—Transfer restrictions. The limited partnership may restrict the transfer of partnership interests from the date the demand for their payment is received until the proposed merger becomes effective or the restriction is released under this article. [1991 c 269 § 23.] 25.10.950 (e) A copy of this article. [1991 c 269 § 24.] 25.10.940 Merger—Not effective within sixty days— Transfer restrictions. (1) If the proposed merger does not become effective within sixty days after the date set for demanding payment, the limited partnership shall release any transfer restrictions imposed as permitted by RCW 25.10.930. (2) If, after releasing transfer restrictions, the proposed merger becomes effective, the limited partnership must send a new dissenters’ notice as provided in RCW 25.10.910(2) and 25.10.920 and repeat the payment demand procedure. [1991 c 269 § 25.] 25.10.940 25.10.945 Dissenter’s estimate of fair value—Notice. (1) A dissenter may notify the limited partnership in writing of the dissenter’s own estimate of the fair value of the dissenter’s partnership interest and amount of interest due, and demand payment of the dissenter’s estimate, less any payment under RCW 25.10.935, if: (a) The dissenter believes that the amount paid is less than the fair value of the dissenter’s partnership interest or that the interest due is incorrectly calculated; (b) The limited partnership fails to make payment within sixty days after the date set for demanding payment; or (c) The limited partnership, having failed to effectuate the proposed merger, does not release the transfer restrictions imposed on partnership interests as permitted by RCW 25.10.930 within sixty days after the date set for demanding payment. (2) A dissenter waives the right to demand payment under this section unless the dissenter notifies the limited partnership of the dissenter’s demand in writing under subsection (1) of this section within thirty days after the limited partnership made payment for the dissenter’s partnership interest. [1991 c 269 § 26.] 25.10.945 25.10.930 25.10.935 Payment of fair value—Requirements for compliance. (1) Within thirty days of the later of the date the proposed merger becomes effective, or the payment demand is received, the limited partnership shall pay each dissenter who complied with RCW 25.10.925 the amount the limited partnership estimates to be the fair value of the partnership interest, plus accrued interest. (2) The payment must be accompanied by: (a) Copies of the financial statements for the most recent fiscal year maintained as required by RCW 25.10.050; (b) An explanation of how the limited partnership estimated the fair value of the partnership interest; (c) An explanation of how the accrued interest was calculated; (d) A statement of the dissenter’s right to demand payment; and 25.10.935 (2008 Ed.) 25.10.950 Unsettled demand for payment—Proceeding—Parties—Appraisers. (1) If a demand for payment under RCW 25.10.945 remains unsettled, the limited partnership shall commence a proceeding within sixty days after receiving the payment demand and petition the court to determine the fair value of the partnership interest and accrued interest. If the limited partnership does not commence the proceeding within the sixty-day period, it shall pay each dissenter whose demand remains unsettled the amount demanded. (2) The limited partnership shall commence the proceeding in the superior court. If the limited partnership is a domestic limited partnership, it shall commence the proceeding in the county where its office is maintained as required by RCW 25.10.040(1). If the limited partnership is a domestic corporation, it shall commence the proceeding in the county where its principal office, as defined in *RCW 23B.01.400(17), is located, or if none is in this state, its registered office under RCW 23B.05.010. If the limited partnership is a foreign limited partnership or corporation without a registered office in this state, it shall commence the proceeding in the county in this state where the office of the domestic limited partnership maintained pursuant to RCW 25.10.040(1) merged with the 25.10.950 [Title 25 RCW—page 35] 25.10.955 Title 25 RCW: Partnerships foreign limited partnership or foreign corporation was located. (3) The limited partnership shall make all dissenters (whether or not residents of this state) whose demands remain unsettled parties to the proceeding as in an action against their partnership interests and all parties must be served with a copy of the petition. Nonresidents may be served by registered or certified mail or by publication as provided by law. (4) The limited partnership may join as a party to the proceeding any partner who claims to be a dissenter but who has not, in the opinion of the limited partnership, complied with the provisions of this chapter. If the court determines that such partner has not complied with the provisions of this article, the partner shall be dismissed as a party. (5) The jurisdiction of the court in which the proceeding is commenced is plenary and exclusive. The court may appoint one or more persons as appraisers to receive evidence and recommend decisions on the question of fair value. The appraisers have the powers described in the order appointing them or in any amendment to it. The dissenters are entitled to the same discovery rights as parties in other civil proceedings. (6) Each dissenter made a party to the proceeding is entitled to judgment for the amount, if any, by which the court finds the fair value of the dissenter’s partnership interest, plus interest, exceeds the amount paid by the limited partnership. [1991 c 269 § 27.] *Reviser’s note: RCW 23B.01.400 was amended by 1991 c 269 § 35, changing subsection (17) to subsection (19); was subsequently amended by 2000 c 168 § 1, changing subsection (19) to subsection (20); and was subsequently amended by 2002 c 297 § 9, changing subsection (20) to subsection (22). amounts awarded the dissenters who were benefited. [1991 c 269 § 28.] Chapter 25.12 Chapter 25.12 RCW LIMITED PARTNERSHIPS EXISTING PRIOR TO JUNE 6, 1945 Sections 25.12.005 25.12.010 25.12.020 25.12.030 25.12.040 25.12.050 25.12.060 25.12.070 25.12.080 25.12.090 25.12.100 Application of chapter. Limited partnership may be formed. Of whom composed—Liability of members. Certificate to be made, acknowledged and filed. Certificate of partnership—Publication. Renewal of limited partnership. Name of firm—When special partner liable as general partner. Withdrawal of stock and profits—Effect. Suits by and against limited partnership—Parties. Dissolution, how accomplished. Liabilities and rights of members of firm. 25.12.005 Application of chapter. The provisions of this chapter shall apply only to those limited partnerships which were in existence on or prior to June 6, 1945 and which have not become a limited partnership under *chapter 25.08 RCW. [1955 c 15 § 25.12.005.] 25.12.005 *Reviser’s note: Chapter 25.08 RCW was repealed in its entirety by 1981 c 51 § 72; later enactment, see chapter 25.10 RCW. 25.12.010 Limited partnership may be formed. Limited partnerships for the transaction of mercantile, mechanical, or manufacturing business may be formed within this state, by two or more persons, upon the terms and subject to the conditions contained in this chapter. [1955 c 15 § 25.12.010. Prior: 1869 p 380 § 1; RRS § 9966.] 25.12.010 25.12.020 Of whom composed—Liability of members. A limited partnership may consist of two or more persons, who are known and called general partners, and are jointly liable as general partners now are by law, and of two or more persons who shall contribute to the common stock a specific sum in actual money as capital, and are known and called special partners, and are not personally liable for any of the debts of the partnership, except as in this chapter specially provided. [1955 c 15 § 25.12.020. Prior: 1927 c 106 § 1; 1869 p 380 § 2; RRS § 9967.] 25.12.020 25.10.955 25.10.955 Unsettled demand for payment—Costs— Fees and expenses of counsel. (1) The court in a proceeding commenced under RCW 25.10.950 shall determine all costs of the proceeding, including the reasonable compensation and expenses of appraisers appointed by the court. The court shall assess the costs against the limited partnership, except that the court may assess the costs against all or some of the dissenters, in amounts the court finds equitable, to the extent the court finds the dissenters acted arbitrarily, vexatiously, or not in good faith in demanding payment. (2) The court may also assess the fees and expenses of counsel and experts for the respective parties, in amounts the court finds equitable: (a) Against the limited partnership and in favor of any or all dissenters if the court finds the limited partnership did not substantially comply with the requirements of this article; or (b) Against either the limited partnership or a dissenter, in favor of any other party, if the court finds that the party against whom the fees and expenses are assessed acted arbitrarily, vexatiously, or not in good faith with respect to the rights provided by this article. (3) If the court finds that the services of counsel for any dissenter were of substantial benefit to other dissenters similarly situated, and that the fees for those services should not be assessed against the limited partnership, the court may award to these counsel reasonable fees to be paid out of the [Title 25 RCW—page 36] 25.12.030 Certificate to be made, acknowledged and filed. The persons forming such partnership shall make and severally subscribe a certificate, in duplicate, and file one of such certificates with the county auditor of the county in which the principal place of business of the partnership is to be. Before being filed, the execution of such certificate shall be acknowledged by each partner subscribing it before some officer authorized to take acknowledgments of deeds; and such certificate shall contain the name assumed by the partnership and under which its business is to be conducted, the names and respective places of residence of all the general and special partners, the amount of capital which each special partner has contributed to the common stock, the general nature of the business to be transacted, and the time when the partnership is to commence, and when it is to terminate. [1955 c 15 § 25.12.030. Prior: 1869 p 380 § 3; RRS § 9968.] 25.12.030 (2008 Ed.) Limited Liability Companies 25.12.040 Certificate of partnership—Publication. The partnership cannot commence before the filing of the certificate of partnership, and if a false statement is made in the certificate, all the persons subscribing thereto are liable as general partners for all the debts of the partnership. The partners shall, for four consecutive weeks immediately after the filing of the certificate of partnership, publish a copy of it in some newspaper of general circulation in the county where the principal place of business of the partnership is, and until the publication is made and completed, the partnership is to be deemed general. [1985 c 469 § 12; 1955 c 15 § 25.12.040. Prior: 1869 p 380 § 4; RRS § 9969.] 25.12.040 25.12.050 Renewal of limited partnership. A limited partnership may be continued or renewed by making, acknowledging, filing, and publishing a certificate thereof, in the manner provided in this chapter for the formation of such partnership originally, and every such partnership, not renewed or continued as herein provided, from and after the expiration thereof according to the original certificate, shall be a general partnership. [1955 c 15 § 25.12.050. Prior: 1869 p 381 § 5; RRS § 9970.] 25.12.050 where special partners are severally liable on account of sums or amounts received or withdrawn from the capital stock as provided in RCW 25.12.070. [1955 c 15 § 25.12.080. Prior: 1869 p 381 § 8; RRS § 9973.] 25.12.090 Dissolution, how accomplished. No dissolution of a limited partnership shall take place except by operation of law, before the time specified in the certificate of partnership, unless a notice of such dissolution, subscribed by the general and special partners is filed with the original certificate of partnership or the certificate, if any, renewing or continuing such partnership nor unless a copy of such notice be published for the time and in the manner prescribed for the publication of the certificate of partnership. [1955 c 15 § 25.12.090. Prior: 1869 p 382 § 9; RRS § 9974.] 25.12.090 25.12.100 Liabilities and rights of members of firm. In all cases not otherwise provided for in this chapter, all the members of limited partnerships shall be subject to all the liabilities and entitled to all the rights of general partners. [1955 c 15 § 25.12.100. Prior: 1869 p 382 § 10; RRS § 9975.] 25.12.100 Chapter 25.15 25.12.060 Name of firm—When special partner liable as general partner. The business of the partnership may be conducted under a name in which the names of the general partners only shall be inserted, without the addition of the word "company" or any other general term. If the name of any special partner is used in such firm with his consent or privity, he shall be deemed and treated as a general partner, or if he personally makes any contract respecting the concerns of the partnership with any person except the general partners, he shall be deemed and treated as a general partner in relation to such contract, unless he makes it appear that in making such contract he acted and was recognized as a special partner only. [1955 c 15 § 25.12.060. Prior: 1869 p 381 § 6; RRS § 9971.] 25.12.060 25.12.070 Withdrawal of stock and profits—Effect. During the continuance of any partnership formed under this chapter no part of the capital stock thereof shall be withdrawn, nor any division of interests or profits be made, so as to reduce such capital stock below the sum stated in the certificate of partnership before mentioned; and if at any time during the continuance or at the termination of such partnership, the property or assets thereof are not sufficient to satisfy the partnership debts then the special partners shall be severally liable for all sums or amounts by them in any way received or withdrawn from such capital stock, with interest thereon from the time they were so received or withdrawn respectively. [1955 c 15 § 25.12.070. Prior: 1869 p 381 § 7; RRS § 9972.] 25.12.070 25.12.080 Suits by and against limited partnership— Parties. All actions, suits or proceedings respecting the business of such partnership shall be prosecuted by and against the general partners only, except in those cases where special partners or partnerships are to be deemed general partners or partnerships, in which case all the partners deemed general partners may join therein; and excepting also those cases Chapter 25.15 RCW LIMITED LIABILITY COMPANIES Sections ARTICLE I. GENERAL PROVISIONS 25.15.005 25.15.007 25.15.010 25.15.015 25.15.020 25.15.025 25.15.030 25.15.035 25.15.040 25.15.045 25.15.050 25.15.055 25.15.060 Definitions. Standards for electronic filing—Rules. Name set forth in certificate of formation. Reserved name—Registered name. Registered office—Registered agent. Service of process on domestic limited liability companies. Nature of business permitted—Powers. Business transactions of member or manager with the limited liability company. Limitation of liability and indemnification. Professional limited liability companies. Member agreements. Membership residency. Piercing the veil. ARTICLE II. FORMATION: CERTIFICATE OF FORMATION, AMENDMENT, FILING AND EXECUTION 25.15.070 25.15.075 25.15.080 25.15.085 25.15.090 25.15.095 25.15.100 25.15.105 Certificate of formation. Amendment to certificate of formation. Cancellation of certificate. Execution. Execution, amendment, or cancellation by judicial order. Filing. Restated certificate. Initial and annual reports. ARTICLE III. MEMBERS 25.15.115 25.15.120 25.15.125 25.15.130 25.15.135 25.15.140 Admission of members. Voting and classes of membership. Liability of members and managers to third parties. Events of dissociation. Records and information. Remedies for breach of limited liability company agreement by member. ARTICLE IV. MANAGEMENT AND MANAGERS 25.12.080 (2008 Ed.) Chapter 25.15 25.15.150 25.15.155 25.15.160 25.15.165 25.15.170 25.15.175 25.15.180 Management. Liability of managers and members. Manager—Members’ rights and duties. Voting and classes of managers. Remedies for breach of limited liability company agreement by manager. Reliance on reports and information by member or manager. Resignation of manager. [Title 25 RCW—page 37] 25.15.005 Title 25 RCW: Partnerships 25.15.185 Loss of sole remaining manager. 25.15.190 25.15.195 25.15.200 25.15.205 Form of contribution. Liability for contribution. Allocation of profits and losses. Allocation of distributions. ARTICLE V. FINANCE ARTICLE VI. DISTRIBUTIONS AND RESIGNATION 25.15.215 25.15.220 25.15.225 25.15.230 25.15.235 Interim distributions. Distribution on event of dissociation. Distribution in-kind. Right to distribution. Limitations on distribution. 25.15.475 25.15.480 ARTICLE XIII. MISCELLANEOUS 25.15.800 25.15.805 25.15.810 25.15.900 25.15.901 25.15.902 25.15.250 25.15.255 25.15.260 Nature of limited liability company interest—Certificate of interest. Assignment of limited liability company interest. Rights of judgment creditor. Right of assignee to become member. ARTICLE VIII. DISSOLUTION 25.15.270 25.15.275 25.15.280 25.15.285 25.15.290 25.15.295 25.15.300 25.15.303 Dissolution. Judicial dissolution. Administrative dissolution—Commencement of proceeding. Administrative dissolution—Notice—Opportunity to correct deficiencies. Administrative dissolution—Reinstatement—Application— When effective. Winding up. Distribution of assets. Remedies available after dissolution. ARTICLE IX. FOREIGN LIMITED LIABILITY COMPANIES 25.15.310 25.15.315 25.15.320 25.15.325 25.15.330 25.15.335 25.15.340 25.15.345 25.15.350 25.15.355 25.15.360 25.15.365 25.15.366 Law governing. Registration required—Application. Issuance of registration. Name—Registered office—Registered agent. Amendments to application. Cancellation of registration. Doing business without registration. Foreign limited liability companies doing business without having qualified—Injunctions. Transactions not constituting transacting business. Service of process on registered foreign limited liability companies. Service of process on unregistered foreign limited liability companies. Revocation of registration—Requirements for commencement. Revocation of registration—Procedure—Notice—Correction of grounds—Certificate of revocation—Authority of agent. ARTICLE X. DERIVATIVE ACTIONS 25.15.370 25.15.375 25.15.380 25.15.385 Right to bring action. Proper plaintiff. Complaint. Expenses. 25.15.395 25.15.400 25.15.405 25.15.410 25.15.415 Merger—Plan—Effective date. Merger—Plan—Approval. Articles of merger—Filing. Effect of merger. Merger—Foreign and domestic. 25.15.425 25.15.430 25.15.435 25.15.440 25.15.445 25.15.450 25.15.455 25.15.460 25.15.465 Definitions. Member—Dissent—Payment of fair value. Dissenters’ rights—Notice—Timing. Member—Dissent—Voting restriction. Members—Dissenters’ notice—Requirements. Member—Payment demand—Entitlement. Member’s interests—Transfer restriction. Payment of fair value—Requirements for compliance. Merger—Not effective within sixty days—Transfer restrictions. Dissenter’s estimate of fair value—Notice. ARTICLE XI. MERGERS ARTICLE XII. DISSENTERS’ RIGHTS 25.15.470 [Title 25 RCW—page 38] Construction and application of chapter and limited liability company agreement. Establishment of filing fees and miscellaneous charges. Authority to adopt rules. Effective date—1994 c 211. Short title. Severability—1994 c 211. Limited liability partnerships: Chapter 25.04 RCW. ARTICLE VII. ASSIGNMENT OF LIMITED LIABILITY COMPANY INTERESTS 25.15.245 Unsettled demand for payment—Proceeding—Parties— Appraisers. Unsettled demand for payment—Costs—Fees and expenses of counsel. ARTICLE I. GENERAL PROVISIONS 25.15.005 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Certificate of formation" means the certificate referred to in RCW 25.15.070, and the certificate as amended. (2) "Event of dissociation" means an event that causes a person to cease to be a member as provided in RCW 25.15.130. (3) "Foreign limited liability company" means an entity that is formed under: (a) The limited liability company laws of any state other than this state; or (b) The laws of any foreign country that is: (i) An unincorporated association, (ii) formed under a statute pursuant to which an association may be formed that affords to each of its members limited liability with respect to the liabilities of the entity, and (iii) not required, in order to transact business or conduct affairs in this state, to be registered or qualified under Title 23B or 24 RCW, or any other chapter of the Revised Code of Washington authorizing the formation of a domestic entity and the registration or qualification in this state of similar entities formed under the laws of a jurisdiction other than this state. (4) "Limited liability company" and "domestic limited liability company" means a limited liability company having one or more members that is organized and existing under this chapter. (5) "Limited liability company agreement" means any written agreement of the members, or any written statement of the sole member, as to the affairs of a limited liability company and the conduct of its business which is binding upon the member or members. (6) "Limited liability company interest" means a member’s share of the profits and losses of a limited liability company and a member’s right to receive distributions of the limited liability company’s assets. (7) "Manager" or "managers" means, with respect to a limited liability company that has set forth in its certificate of formation that it is to be managed by managers, the person, or persons designated in accordance with RCW 25.15.150(2). (8) "Member" means a person who has been admitted to a limited liability company as a member as provided in RCW 25.15.115 and who has not been dissociated from the limited liability company. (9) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, 25.15.005 (2008 Ed.) Limited Liability Companies association, joint venture, government, governmental subdivision, agency, or instrumentality, or a separate legal entity comprised of two or more of these entities, or any other legal or commercial entity. (10) "Professional limited liability company" means a limited liability company which is organized for the purpose of rendering professional service and whose certificate of formation sets forth that it is a professional limited liability company subject to RCW 25.15.045. (11) "Professional service" means the same as defined under RCW 18.100.030. (12) "State" means the District of Columbia or the Commonwealth of Puerto Rico or any state, territory, possession, or other jurisdiction of the United States other than the state of Washington. [2008 c 198 § 4; 2002 c 296 § 3; 2000 c 169 § 1; 1995 c 337 § 13; 1994 c 211 § 101.] Finding—2008 c 198: See note following RCW 39.34.030. Effective date—1995 c 337: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995." [1995 c 337 § 23.] 25.15.007 Standards for electronic filing—Rules. The secretary of state may adopt rules to facilitate electronic filing. The rules will detail the circumstances under which the electronic filing of documents will be permitted, how the documents will be filed, and how the secretary of state will return filed documents. The rules may also impose additional requirements related to implementation of electronic filing processes, including but not limited to file formats, signature technologies, delivery, and the types of entities, records, or documents permitted. [2002 c 74 § 15.] 25.15.007 Captions not law—2002 c 74: See note following RCW 19.09.020. 25.15.010 Name set forth in certificate of formation. (1) The name of each limited liability company as set forth in its certificate of formation: (a) Must contain the words "Limited Liability Company," the words "Limited Liability" and abbreviation "Co.," or the abbreviation "L.L.C." or "LLC"; (b) Except as provided in subsection (1)(d) of this section, may contain the name of a member or manager; (c) Must not contain language stating or implying that the limited liability company is organized for a purpose other than those permitted by RCW 25.15.030; (d) Must not contain any of the words or phrases:"Bank," "banking," "banker," "trust," "cooperative," "partnership," "corporation," "incorporated," or the abbreviations "corp.," "ltd.," or "inc.," or "LP," "L.P.," "LLP," "L.L.P.," or any combination of the words "industrial" and "loan," or any combination of any two or more of the words "building," "savings," "loan," "home," "association," and "society," or any other words or phrases prohibited by any statute of this state; and (e) Must be distinguishable upon the records of the secretar y o f sta te fr o m th e n a mes d e scrib e d in R CW 23B.04.010(1)(d) and 25.10.020(1)(d), and the names of any limited liability company reserved, registered, or formed under the laws of this state or qualified to do business as a foreign limited liability company in this state. (2) A limited liability company may apply to the secretary of state for authorization to use any name which is not 25.15.010 (2008 Ed.) 25.15.015 distinguishable upon the records of the secretary of state from one or more of the names described in subsection (1)(e) of this section. The secretary of state shall authorize use of the name applied for if the other corporation, limited partnership, limited liability partnership, or limited liability company consents in writing to the use and files with the secretary of state documents necessary to change its name or the name reserved or registered to a name that is distinguishable upon the records of the secretary of state from the name of the applying limited liability company. (3) A name shall not be considered distinguishable upon the records of the secretary of state by virtue of: (a) A variation in any of the following designations for the same name: "Corporation," "incorporated," "company," "limited," "partnership," "limited partnership," "limited liability company," or "limited liability partnership," or the abbreviations "corp.," "inc.," "co.," "ltd.," "LP," "L.P.," "LLP," "L.L.P.," "LLC," or "L.L.C."; (b) The addition or deletion of an article or conjunction such as "the" or "and" from the same name; (c) Punctuation, capitalization, or special characters or symbols in the same name; or (d) Use of abbreviation or the plural form of a word in the same name. (4) This chapter does not control the use of assumed business names or "trade names." [1998 c 102 § 9; 1996 c 231 § 5; 1994 c 211 § 102.] 25.15.015 Reserved name—Registered name. (1) Reserved Name. (a) A person may reserve the exclusive use of a limited liability company name by delivering an application to the secretary of state for filing. The application must set forth the name and address of the applicant and the name proposed to be reserved. If the secretary of state finds that the limited liability company name applied for is available, the secretary of state shall reserve the name for the applicant’s exclusive use for a nonrenewable one hundred eighty-day period. (b) The owner of a reserved limited liability company name may transfer the reservation to another person by delivering to the secretary of state a signed notice of the transfer that states the name and address of the transferee. (2) Registered Name. (a) A foreign limited liability company may register its name if the name is distinguishable upon the records of the secretary of state from the names specified in RCW 25.15.010. (b) A foreign limited liability company registers its name by delivering to the secretary of state for filing an application that: (i) Sets forth its name and the state or country and date of its organization; and (ii) Is accompanied by a certificate of existence, or a document of similar import, from the state or country of organization. (c) The name is registered for the applicant’s exclusive use upon the effective date of the application and until the close of the calendar year in which the application for registration is filed. (d) A foreign limited liability company whose registration is effective may renew it for successive years by deliver25.15.015 [Title 25 RCW—page 39] 25.15.020 Title 25 RCW: Partnerships ing to the secretary of state for filing a renewal application, which complies with the requirements of (b) of this subsection, between October 1st and December 31st of the preceding year. The renewal application when filed renews the registration for the following calendar year. (e) A foreign limited liability company whose registration is effective may thereafter qualify as a foreign limited liability company under the registered name, or consent in writing to the use of that name by a limited liability company thereafter organized under this chapter, by a corporation thereafter formed under Title 23B RCW, by a limited partnership thereafter formed under chapter 25.10 RCW, or by another foreign limited liability company, foreign corporation, or foreign limited partnership thereafter authorized to transact business in this state. The registration terminates when the domestic limited liability company is organized, the domestic corporation is incorporated, or the domestic limited partnership is formed, or the foreign limited liability company qualifies or consents to the qualification of another foreign limited liability company, corporation, or limited partnership under the registered name. [1998 c 102 § 11; 1994 c 211 § 103.] 25.15.020 Registered office—Registered agent. (1) Each limited liability company shall continuously maintain in this state: (a) A registered office, which may but need not be a place of its business in this state. The registered office shall be at a specific geographic location in this state, and be identified by number, if any, and street, or building address or rural route, or, if a commonly known street or rural route address does not exist, by legal description. A registered office may not be identified by post office box number or other nongeographic address. For purposes of communicating by mail, the secretary of state may permit the use of a post office address in conjunction with the registered office address if the limited liability company also maintains on file the specific geographic address of the registered office where personal service of process may be made; (b) A registered agent for service of process on the limited liability company, which agent may be either an individual resident of this state whose business office is identical with the limited liability company’s registered office, or a domestic corporation, limited partnership, or limited liability company, or a foreign corporation, limited partnership, or limited liability company authorized to do business in this state having a business office identical with such registered office; and (c) A registered agent who shall not be appointed without having given prior written consent to the appointment. The written consent shall be filed with the secretary of state in such form as the secretary may prescribe. The written consent shall be filed with or as a part of the document first appointing a registered agent. (2) A limited liability company may change its registered office or registered agent by delivering to the secretary of state for filing a statement of change that sets forth: (a) The name of the limited liability company; (b) If the current registered office is to be changed, the street address of the new registered office in accord with subsection (1) of this section; 25.15.020 [Title 25 RCW—page 40] (c) If the current registered agent is to be changed, the name of the new registered agent and the new agent’s written consent, either on the statement or attached to it, to the appointment; and (d) That after the change or changes are made, the street addresses of its registered office and the business office of its registered agent will be identical. (3) If a registered agent changes the street address of the agent’s business office, the registered agent may change the street address of the registered office of any limited liability company for which the agent is the registered agent by notifying the limited liability company in writing of the change and signing, either manually or in facsimile, and delivering to the secretary of state for filing a statement that complies with the requirements of subsection (2) of this section and recites that the limited liability company has been notified of the change. (4) A registered agent may resign as agent by signing and delivering to the secretary of state for filing a statement that the registered office is also discontinued. After filing the statement the secretary of state shall mail a copy of the statement to the limited liability company at its principal office. The agency appointment is terminated, and the registered office discontinued is so provided, on the thirty-first day after the date on which the statement was filed. [2002 c 74 § 16; 1996 c 231 § 6; 1994 c 211 § 104.] Captions not law—2002 c 74: See note following RCW 19.09.020. 25.15.025 25.15.025 Service of process on domestic limited liability companies. (1) A limited liability company’s registered agent is its agent for service of process, notice, or demand required or permitted by law to be served on the limited liability company. (2) The secretary of state shall be an agent of a limited liability company upon whom any such process, notice, or demand may be served if: (a) The limited liability company fails to appoint or maintain a registered agent in this state; or (b) The registered agent cannot with reasonable diligence be found at the registered office. (3) Service on the secretary of state of any such process, notice, or demand shall be made by delivering to and leaving with the secretary of state, or with any duly authorized clerk of the secretary of state’s office, the process, notice, or demand. In the event any such process, notice, or demand is served on the secretary of state, the secretary of state shall immediately cause a copy thereof to be forwarded by certified mail, addressed to the limited liability company at its principal place of business as it appears on the records of the secretary of state. Any service so had on the secretary of state shall be returnable in not less than thirty days. (4) The secretary of state shall keep a record of all processes, notices, and demands served upon the secretary of state under this section, and shall record therein the time of such service and the secretary of state’s action with reference thereto. (5) This section does not limit or affect the right to serve any process, notice, or demand required or permitted by law to be served upon a limited liability company in any other (2008 Ed.) Limited Liability Companies manner now or hereafter permitted by law. [1994 c 211 § 105.] 25.15.030 Nature of business permitted—Powers. (1) Every limited liability company formed under this chapter may carry on any lawful business or activity unless a more limited purpose is set forth in the certificate of formation. A limited liability company may not be formed under this chapter for the purposes of engaging in business as an insurer. (2) Unless this chapter, its certificate of formation, or its limited liability company agreement provides otherwise, a limited liability company has the same powers as an individual to do all things necessary or convenient to carry out its business and affairs. [2006 c 48 § 1; 1994 c 211 § 106.] 25.15.030 25.15.035 Business transactions of member or manager with the limited liability company. Except as provided in a limited liability company agreement, a member or manager may lend money to, act as a surety, guarantor, or endorser for, guarantee or assume one or more specific obligations of, provide collateral for, and transact other business with a limited liability company and, subject to other applicable law, has the same rights and obligations with respect to any such matter as a person who is not a member or manager. [1994 c 211 § 107.] 25.15.035 25.15.040 Limitation of liability and indemnification. (1) The limited liability company agreement may contain provisions not inconsistent with law that: (a) Eliminate or limit the personal liability of a member or manager to the limited liability company or its members for monetary damages for conduct as a member or manager, provided that such provisions shall not eliminate or limit the liability of a member or manager for acts or omissions that involve intentional misconduct or a knowing violation of law by a member or manager, for conduct of the member or manager, violating RCW 25.15.235, or for any transaction from which the member or manager will personally receive a benefit in money, property, or services to which the member or manager is not legally entitled; or (b) Indemnify any member or manager from and against any judgments, settlements, penalties, fines, or expenses incurred in a proceeding to which an individual is a party because he or she is, or was, a member or a manager, provided that no such indemnity shall indemnify a member or a manager from or on account of acts or omissions of the member or manager finally adjudged to be intentional misconduct or a knowing violation of law by the member or manager, conduct of the member or manager adjudged to be in violation of RCW 25.15.235, or any transaction with respect to which it was finally adjudged that such member or manager received a benefit in money, property, or services to which such member or manager was not legally entitled. (2) To the extent that, at law or in equity, a member or manager has duties (including fiduciary duties) and liabilities relating thereto to a limited liability company or to another member or manager (a) any such member or manager acting under a limited liability company agreement shall not be liable to the limited liability company or to any such other member or manager for the member’s or manager’s good faith 25.15.040 (2008 Ed.) 25.15.045 reliance on the provisions of the limited liability company agreement, and (b) the member’s or manager’s duties and liabilities may be expanded or restricted by provisions in a limited liability company agreement. [1994 c 211 § 108.] 25.15.045 25.15.045 Professional limited liability companies. (1) A person or group of persons licensed or otherwise legally authorized to render professional services within this or any other state may organize and become a member or members of a professional limited liability company under the provisions of this chapter for the purposes of rendering professional service. A "professional limited liability company" is subject to all the provisions of chapter 18.100 RCW that apply to a professional corporation, and its managers, members, agents, and employees shall be subject to all the provisions of chapter 18.100 RCW that apply to the directors, officers, shareholders, agents, or employees of a professional corporation, except as provided otherwise in this section. Nothing in this section prohibits a person duly licensed or otherwise legally authorized to render professional services in any jurisdiction other than this state from becoming a member of a professional limited liability company organized for the purpose of rendering the same professional services. Nothing in this section prohibits a professional limited liability company from rendering professional services outside this state through individuals who are not duly licensed or otherwise legally authorized to render such professional services within this state. Persons engaged in a profession and otherwise meeting the requirements of this chapter may operate under this chapter as a professional limited liability company so long as each member personally engaged in the practice of the profession in this state is duly licensed or otherwise legally authorized to practice the profession in this state and: (a) At least one manager of the company is duly licensed or otherwise legally authorized to practice the profession in this state; or (b) Each member in charge of an office of the company in this state is duly licensed or otherwise legally authorized to practice the profession in this state. (2) If the company’s members are required to be licensed to practice such profession, and the company fails to maintain for itself and for its members practicing in this state a policy of professional liability insurance, bond, or other evidence of financial responsibility of a kind designated by rule by the state insurance commissioner and in the amount of at least one million dollars or a greater amount as the state insurance commissioner may establish by rule for a licensed profession or for any specialty within a profession, taking into account the nature and size of the business, then the company’s members are personally liable to the extent that, had the insurance, bond, or other evidence of responsibility been maintained, it would have covered the liability in question. (3) For purposes of applying the provisions of chapter 18.100 RCW to a professional limited liability company, the terms "director" or "officer" means manager, "shareholder" means member, "corporation" means professional limited liability company, "articles of incorporation" means certificate of formation, "shares" or "capital stock" means a limited liability company interest, "incorporator" means the person who [Title 25 RCW—page 41] 25.15.050 Title 25 RCW: Partnerships executes the certificate of formation, and "bylaws" means the limited liability company agreement. (4) The name of a professional limited liability company must contain either the words "Professional Limited Liability Company," or the words "Professional Limited Liability" and the abbreviation "Co.," or the abbreviation "P.L.L.C." or "PLLC" provided that the name of a professional limited liability company organized to render dental services shall contain the full names or surnames of all members and no other word than "chartered" or the words "professional services" or the abbreviation "P.L.L.C." or "PLLC." (5) Subject to the provisions in article VII of this chapter, the following may be a member of a professional limited liability company and may be the transferee of the interest of an ineligible person or deceased member of the professional limited liability company: (a) A professional corporation, if its shareholders, directors, and its officers other than the secretary and the treasurer, are licensed or otherwise legally authorized to render the same specific professional services as the professional limited liability company; and (b) Another professional limited liability company, if the managers and members of both professional limited liability companies are licensed or otherwise legally authorized to render the same specific professional services. (6)(a) Notwithstanding any other provision of this chapter, health care professionals who are licensed or certified pursuant to chapters 18.06, 18.225, 18.22, 18.25, 18.29, 18.34, 18.35, 18.36A, 18.50, 18.53, 18.55, 18.57, 18.57A, 18.64, 18.71, 18.71A, 18.79, 18.83, 18.89, 18.108, and 18.138 RCW may own membership interests in and render their individual professional services through one limited liability company and are to be considered, for the purpose of forming a limited liability company, as rendering the "same specific professional services" or "same professional services" or similar terms. (b) Notwithstanding any other provision of this chapter, health care professionals who are regulated under chapters 18.59 and 18.74 RCW may own membership interests in and render their individual professional services through one limited liability company formed for the sole purpose of providing professional services within their respective scope of practice. (c) Formation of a limited liability company under this subsection does not restrict the application of the uniform disciplinary act under chapter 18.130 RCW, or any applicable health care professional statutes under Title 18 RCW, including but not limited to restrictions on persons practicing a health profession without being appropriately credentialed and persons practicing beyond the scope of their credential. [2001 c 251 § 32; 1999 c 128 § 2; 1998 c 293 § 5; 1997 c 390 § 4. Prior: 1996 c 231 § 7; 1996 c 22 § 2; 1995 c 337 § 14; 1994 c 211 § 109.] Severability—2001 c 251: See RCW 18.225.900. Effective date—1995 c 337: See note following RCW 25.15.005. 25.15.050 Member agreements. In addition to agreeing among themselves with respect to the provisions of this chapter, the members of a limited liability company or professional limited liability company may agree among them25.15.050 [Title 25 RCW—page 42] selves to any otherwise lawful provision governing the company which is not in conflict with this chapter. Such agreements include, but are not limited to, buy-sell agreements among the members and agreements relating to expulsion of members. [1994 c 211 § 110.] 25.15.055 Membership residency. Nothing in this chapter requires a limited liability company or a professional limited liability company to restrict membership to persons residing in or engaging in business in this state. [1994 c 211 § 111.] 25.15.055 25.15.060 Piercing the veil. Members of a limited liability company shall be personally liable for any act, debt, obligation, or liability of the limited liability company to the extent that shareholders of a Washington business corporation would be liable in analogous circumstances. In this regard, the court may consider the factors and policies set forth in established case law with regard to piercing the corporate veil, except that the failure to hold meetings of members or managers or the failure to observe formalities pertaining to the calling or conduct of meetings shall not be considered a factor tending to establish that the members have personal liability for any act, debt, obligation, or liability of the limited liability company if the certificate of formation and limited liability company agreement do not expressly require the holding of meetings of members or managers. [1995 c 337 § 15; 1994 c 211 § 112.] 25.15.060 Effective date—1995 c 337: See note following RCW 25.15.005. ARTICLE II. FORMATION: CERTIFICATE OF FORMATION, AMENDMENT, FILING AND EXECUTION 25.15.070 Certificate of formation. (1) In order to form a limited liability company, one or more persons must execute a certificate of formation. The certificate of formation shall be filed in the office of the secretary of state and set forth: (a) The name of the limited liability company; (b) The address of the registered office and the name and address of the registered agent for service of process required to be maintained by RCW 25.15.020; (c) The address of the principal place of business of the limited liability company; (d) If the limited liability company is to have a specific date of dissolution, the latest date on which the limited liability company is to dissolve; (e) If management of the limited liability company is vested in a manager or managers, a statement to that effect; (f) Any other matters the members decide to include therein; and (g) The name and address of each person executing the certificate of formation. (2) Effect of filing: (a) Unless a delayed effective date is specified, a limited liability company is formed when its certificate of formation is filed by the secretary of state. A delayed effective date for a certificate of formation may be no later than the ninetieth day after the date it is filed. 25.15.070 (2008 Ed.) Limited Liability Companies (b) The secretary of state’s filing of the certificate of formation is conclusive proof that the persons executing the certificate satisfied all conditions precedent to the formation except in a proceeding by the state to cancel the certificate. (c) A limited liability company formed under this chapter shall be a separate legal entity, the existence of which as a separate legal entity shall continue until cancellation of the limited liability company’s certificate of formation. [1994 c 211 § 201.] 25.15.075 Amendment to certificate of formation. (1) A certificate of formation is amended by filing a certificate of amendment thereto with the secretary of state. The certificate of amendment shall set forth: (a) The name of the limited liability company; and (b) The amendment to the certificate of formation. (2) A manager or, if there is no manager, then any member who becomes aware that any statement in a certificate of formation was false when made, or that any matter described has changed making the certificate of formation false in any material respect, shall promptly amend the certificate of formation. (3) A certificate of formation may be amended at any time for any other proper purpose. (4) Unless otherwise provided in this chapter or unless a later effective date (which shall be a date not later than the ninetieth day after the date it is filed) is provided for in the certificate of amendment, a certificate of amendment shall be effective when filed by the secretary of state. [1994 c 211 § 202.] 25.15.075 25.15.080 Cancellation of certificate. A certificate of formation shall be canceled upon the effective date of the certificate of cancellation, or as provided in RCW 25.15.290, or upon the filing of articles of merger if the limited liability company is not the surviving or resulting entity in a merger. A certificate of cancellation shall be filed in the office of the secretary of state to accomplish the cancellation of a certificate of formation upon the dissolution and the completion of winding up of a limited liability company and shall set forth: (1) The name of the limited liability company; (2) The date of filing of its certificate of formation; (3) The reason for filing the certificate of cancellation; (4) The future effective date (which shall be a date not later than the ninetieth day after the date it is filed) of cancellation if it is not to be effective upon the filing of the certificate; and (5) Any other information the person filing the certificate of cancellation determines. [1994 c 211 § 203.] 25.15.080 25.15.085 Execution. (1) Each document required by this chapter to be filed in the office of the secretary of state shall be executed in the following manner, or in compliance with the rules established to facilitate electronic filing under RCW 25.15.007, except as set forth in RCW 25.15.105(4)(b): (a) Each original certificate of formation must be signed by the person or persons forming the limited liability company; (b) A reservation of name may be signed by any person; 25.15.085 (2008 Ed.) 25.15.090 (c) A transfer of reservation of name must be signed by, or on behalf of, the applicant for the reserved name; (d) A registration of name must be signed by any member or manager of the foreign limited liability company; (e) A certificate of amendment or restatement must be signed by at least one manager, or by a member if management of the limited liability company is reserved to the members; (f) A certificate of cancellation must be signed by the person or persons authorized to wind up the limited liability company’s affairs pursuant to RCW 25.15.295(1); (g) If a surviving domestic limited liability company is filing articles of merger, the articles of merger must be signed by at least one manager, or by a member if management of the limited liability company is reserved to the members, or if the articles of merger are being filed by a surviving foreign limited liability company, limited partnership, or corporation, the articles of merger must be signed by a person authorized by such foreign limited liability company, limited partnership, or corporation; and (h) A foreign limited liability company’s application for registration as a foreign limited liability company doing business within the state must be signed by any member or manager of the foreign limited liability company. (2) Any person may sign a certificate, articles of merger, limited liability company agreement, or other document by an attorney-in-fact or other person acting in a valid representative capacity, so long as each document signed in such manner identifies the capacity in which the signator signed. (3) The person executing the document shall sign it and state beneath or opposite the signature the name of the person and capacity in which the person signs. The document must be typewritten or printed, and must meet such legibility or other standards as may be prescribed by the secretary of state. (4) The execution of a certificate or articles of merger by any person constitutes an affirmation under the penalties of perjury that the facts stated therein are true. [2002 c 74 § 17; 2001 c 307 § 3; 1995 c 337 § 16; 1994 c 211 § 204.] Captions not law—2002 c 74: See note following RCW 19.09.020. Effective date—2001 c 307: See note following RCW 23B.16.220. Effective date—1995 c 337: See note following RCW 25.15.005. 25.15.090 Execution, amendment, or cancellation by judicial order. (1) If a person required to execute a certificate required by this chapter fails or refuses to do so, any other person who is adversely affected by the failure or refusal may petition the superior courts to direct the execution of the certificate. If the court finds that the execution of the certificate is proper and that any person so designated has failed or refused to execute the certificate, it shall order the secretary of state to record an appropriate certificate. (2) If a person required to execute a limited liability company agreement or amendment thereof fails or refuses to do so, any other person who is adversely affected by the failure or refusal may petition the superior courts to direct the execution of the limited liability company agreement or amendment thereof. If the court finds that the limited liability company agreement or amendment thereof should be executed and that any person required to execute the limited liability company agreement or amendment thereof has failed or 25.15.090 [Title 25 RCW—page 43] 25.15.095 Title 25 RCW: Partnerships refused to do so, it shall enter an order granting appropriate relief. [1994 c 211 § 205.] 25.15.095 Filing. (1) The original signed copy, together with a duplicate copy that may be either a signed, photocopied, or conformed copy, of the certificate of formation or any other document required to be filed pursuant to this chapter, except as set forth under RCW 25.15.105 or unless a duplicate is not required under rules adopted under RCW 25.15.007, shall be delivered to the secretary of state. If the secretary of state determines that the documents conform to the filing provisions of this chapter, he or she shall, when all required filing fees have been paid: (a) Endorse on each signed original and duplicate copy the word "filed" and the date of its acceptance for filing; (b) Retain the signed original in the secretary of state’s files; and (c) Return the duplicate copy to the person who filed it or the person’s representative. (2) If the secretary of state is unable to make the determination required for filing by subsection (1) of this section at the time any documents are delivered for filing, the documents are deemed to have been filed at the time of delivery if the secretary of state subsequently determines that: (a) The documents as delivered conform to the filing provisions of this chapter; or (b) Within twenty days after notification of nonconformance is given by the secretary of state to the person who delivered the documents for filing or the person’s representative, the documents are brought into conformance. (3) If the filing and determination requirements of this chapter are not satisfied completely within the time prescribed in subsection (2)(b) of this section, the documents shall not be filed. (4) Upon the filing of a certificate of amendment (or judicial decree of amendment) or restated certificate in the office of the secretary of state, or upon the future effective date or time of a certificate of amendment (or judicial decree thereof) or restated certificate, as provided for therein, the certificate of formation shall be amended or restated as set forth therein. Upon the filing of a certificate of cancellation (or a judicial decree thereof), or articles of merger which act as a certificate of cancellation, or upon the future effective date or time of a certificate of cancellation (or a judicial decree thereof) or of articles of merger which act as a certificate of cancellation, as provided for therein, or as specified in RCW 25.15.290, the certificate of formation is canceled. [2002 c 74 § 18; 2001 c 307 § 4; 1994 c 211 § 206.] 25.15.095 Captions not law—2002 c 74: See note following RCW 19.09.020. Effective date—2001 c 307: See note following RCW 23B.16.220. 25.15.100 Restated certificate. (1) A limited liability company may, whenever desired, integrate into a single instrument all of the provisions of its certificate of formation which are then in effect and operative as a result of there having theretofore been filed with the secretary of state one or more certificates or other instruments pursuant to any of the sections referred to in this chapter and it may at the same time also further amend its certificate of formation by adopting a restated certificate of formation. 25.15.100 [Title 25 RCW—page 44] (2) If a restated certificate of formation merely restates and integrates but does not amend the initial certificate of formation, as theretofore amended or supplemented by any instrument that was executed and filed pursuant to any of the sections in this chapter, it shall be specifically designated in its heading as a "Restated Certificate of Formation" together with such other words as the limited liability company may deem appropriate and shall be executed by at least one manager, or by a member if management of the limited liability company is reserved to its members, and filed as provided in RCW 25.15.095 in the office of the secretary of state. If a restated certificate restates and integrates and also amends in any respect the certificate of formation, as theretofore amended or supplemented, it shall be specifically designated in its heading as an "Amended and Restated Certificate of Formation" together with such other words as the limited liability company may deem appropriate and shall be executed by at least one manager, or by a member if management of the limited liability company is reserved to its members, and filed as provided in RCW 25.15.095 in the office of the secretary of state. (3) A restated certificate of formation shall state, either in its heading or in an introductory paragraph, the limited liability company’s present name, and, if it has been changed, the name under which it was originally filed, and the date of filing of its original certificate of formation with the secretary of state, and the future effective date (which shall be a date not later than the ninetieth day after the date it is filed) of the restated certificate if it is not to be effective upon the filing of the restated certificate. A restated certificate shall also state that it was duly executed and is being filed in accordance with this section. If a restated certificate only restates and integrates and does not further amend a limited liability company’s certificate of formation as theretofore amended or supplemented and there is no discrepancy between those provisions and the restated certificate, it shall state that fact as well. (4) Upon the filing of a restated certificate of formation with the secretary of state, or upon the future effective date or time of a restated certificate of formation as provided for therein, the initial certificate of formation, as theretofore amended or supplemented, shall be superseded; thenceforth, the restated certificate of formation, including any further amendment or changes made thereby, shall be the certificate of formation of the limited liability company, but the original effective date of formation shall remain unchanged. (5) Any amendment or change effected in connection with the restatement and integration of the certificate of formation shall be subject to any other provision of this chapter, not inconsistent with this section, which would apply if a separate certificate of amendment were filed to effect such amendment or change. [1994 c 211 § 207.] 25.15.105 25.15.105 Initial and annual reports. (1) Each domestic limited liability company, and each foreign limited liability company authorized to transact business in this state, shall deliver to the secretary of state for filing, both initial and annual reports that set forth: (a) The name of the company and the state or country under whose law it is organized; (2008 Ed.) Limited Liability Companies (b) The street address of its registered office and the name of its registered agent at that office in this state; (c) In the case of a foreign company, the address of its principal office in the state or country under the laws of which it is organized; (d) The address of the principal place of business of the company in this state; (e) The names and addresses of the company’s members, or if the management of the company is vested in a manager or managers, then the name and address of its manager or managers; and (f) A brief description of the nature of its business. (2) Information in an initial report or an annual report must be current as of the date the report is executed on behalf of the company. (3) A company’s initial report must be delivered to the secretary of state within one hundred twenty days of the date on which a domestic company’s certificate of formation was filed, or on which a foreign company’s application for registration was submitted. Subsequent annual reports must be delivered to the secretary of state on a date determined by the secretary of state, and at such additional times as the company elects. (4)(a) The secretary of state may allow a company to file an annual report through electronic means. If allowed, the secretary of state shall adopt rules detailing the circumstances under which the electronic filing of such reports shall be permitted and how such reports may be filed. (b) For purposes of this section only, a person executing an electronically filed annual report may deliver the report to the office of the secretary of state without a signature and without an exact or conformed copy, but the person’s name must appear in the electronic filing as the person executing the filing, and the filing must state the capacity in which the person is executing the filing. [2001 c 307 § 2; 1994 c 211 § 208.] Effective date—2001 c 307: See note following RCW 23B.16.220. ARTICLE III. MEMBERS 25.15.115 Admission of members. (1) In connection with the formation of a limited liability company, a person acquiring a limited liability company interest is admitted as a member of the limited liability company upon the later to occur of: (a) The formation of the limited liability company; or (b) The time provided in and upon compliance with the limited liability company agreement or, if the limited liability company agreement does not so provide or does not exist, when the person’s admission is reflected in the records of the limited liability company. (2) After the formation of a limited liability company, a person acquiring a limited liability company interest is admitted as a member of the limited liability company: (a) In the case of a person acquiring a limited liability company interest directly from the limited liability company, at the time provided in and upon compliance with the limited liability company agreement or, if the limited liability company agreement does not so provide or does not exist, upon the consent of all members and when the person’s admission is reflected in the records of the limited liability company; or 25.15.115 (2008 Ed.) 25.15.120 (b) In the case of an assignee of a limited liability company interest who meets the conditions for membership set forth in RCW 25.15.260(1), at the time provided in and upon compliance with the limited liability company agreement or, if the limited liability company agreement does not so provide or does not exist, when any such assignee’s admission as a member is reflected in the records of the limited liability company. [1994 c 211 § 301.] 25.15.120 Voting and classes of membership. (1) Except as provided in this chapter, or in the limited liability company agreement, and subject to subsection (2) of this section, the affirmative vote, approval, or consent of members contributing, or required to contribute, more than fifty percent of the agreed value (as stated in the records of the limited liability company required to be kept pursuant to RCW 25.15.135) of the contributions made, or required to be made, by all members shall be necessary for actions requiring member approval. (2) Except as provided in the limited liability company agreement, the affirmative vote, approval, or consent of all members shall be required to: (a) Amend the limited liability company agreement; or (b) Authorize a manager, member, or other person to do any act on behalf of the limited liability company that contravenes the limited liability company agreement, including any provision thereof which expressly limits the purpose, business, or affairs of the limited liability company or the conduct thereof. (3) A limited liability company agreement may provide for classes or groups of members having such relative rights, powers, and duties as the limited liability company agreement may provide, and may make provision for the future creation in the manner provided in the limited liability company agreement of additional classes or groups of members having such relative rights, powers, and duties as may from time to time be established, including rights, powers, and duties senior to existing classes and groups of members. A limited liability company agreement may provide for the taking of an action, including the amendment of the limited liability company agreement, without the vote or approval of any member or class or group of members, including an action to create under the provisions of the limited liability company agreement a class or group of limited liability company interests that was not previously outstanding. (4) A limited liability company agreement may grant to all or certain identified members or a specified class or group of the members the right to vote separately or with all or any class or group of the members or managers, on any matter. If the limited liability company agreement so provides, voting by members may be on a per capita, number, profit share, class, group, or any other basis. (5) A limited liability company agreement which contains provisions related to voting rights of members may set forth provisions relating to notice of the time, place, or purpose of any meeting at which any matter is to be voted on by any members, waiver of any such notice, action by consent without a meeting, the establishment of a record date, quorum requirements, voting in person or by proxy, or any other matter with respect to the exercise of any such right to vote. [1994 c 211 § 302.] 25.15.120 [Title 25 RCW—page 45] 25.15.125 Title 25 RCW: Partnerships 25.15.125 Liability of members and managers to third parties. (1) Except as otherwise provided by this chapter, the debts, obligations, and liabilities of a limited liability company, whether arising in contract, tort or otherwise, shall be solely the debts, obligations, and liabilities of the limited liability company; and no member or manager of a limited liability company shall be obligated personally for any such debt, obligation, or liability of the limited liability company solely by reason of being a member or acting as a manager of the limited liability company. (2) A member or manager of a limited liability company is personally liable for his or her own torts. [1994 c 211 § 303.] 25.15.125 25.15.130 Events of dissociation. (1) A person ceases to be a member of a limited liability company, and the person or its successor in interest attains the status of an assignee as set forth in RCW 25.15.250(2), upon the occurrence of one or more of the following events: (a) The member dies or withdraws by voluntary act from the limited liability company as provided in subsection (3) of this section; (b) The member ceases to be a member as provided in RCW 25.15.250(2)(b) following an assignment of all the member’s limited liability company interest; (c) The member is removed as a member in accordance with the limited liability company agreement; (d) Unless otherwise provided in the limited liability company agreement, or with the written consent of all other members at the time, the member (i) makes a general assignment for the benefit of creditors; (ii) files a voluntary petition in bankruptcy; (iii) becomes the subject of an order for relief in bankruptcy proceedings; (iv) files a petition or answer seeking for himself or herself any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation; (v) files an answer or other pleading admitting or failing to contest the material allegations of a petition filed against him or her in any proceeding of the nature described in (d) (i) through (iv) of this subsection; or (vi) seeks, consents to, or acquiesces in the appointment of a trustee, receiver, or liquidator of the member or of all or any substantial part of the member’s properties; (e) Unless otherwise provided in the limited liability company agreement, or with the consent of all other members at the time, one hundred twenty days after the commencement of any proceeding against the member seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation, the proceeding has not been dismissed, or if within ninety days after the appointment without his or her consent or acquiescence of a trustee, receiver, or liquidator of the member or of all or any substantial part of the member’s properties, the appointment is not vacated or stayed, or within ninety days after the expiration of any stay, the appointment is not vacated; (f) Unless otherwise provided in the limited liability company agreement, or with written consent of all other members at the time, in the case of a member who is an individual, the entry of an order by a court of competent jurisdic25.15.130 [Title 25 RCW—page 46] tion adjudicating the member incapacitated, as used and defined under chapter 11.88 RCW, as to his or her estate; (g) Unless otherwise provided in the limited liability company agreement, or with written consent of all other members at the time, in the case of a member that is another limited liability company, the dissolution and commencement of winding up of such limited liability company; (h) Unless otherwise provided in the limited liability company agreement, or with written consent of all other members at the time, in the case of a member that is a corporation, the filing of articles of dissolution or the equivalent for the corporation or the administrative dissolution of the corporation and the lapse of any period authorized for application for reinstatement; or (i) Unless otherwise provided in the limited liability company agreement, or with written consent of all other members at the time, in the case of a member that is a limited partnership, the dissolution and commencement of winding up of such limited partnership. (2) The limited liability company agreement may provide for other events the occurrence of which result in a person ceasing to be a member of the limited liability company. (3) A member may withdraw from a limited liability company at the time or upon the happening of events specified in and in accordance with the limited liability company agreement. If the limited liability company agreement does not specify the time or the events upon the happening of which a member may withdraw, a member may not withdraw prior to the time for the dissolution and commencement of winding up of the limited liability company, without the written consent of all other members at the time. [2000 c 169 § 2; 1995 c 337 § 17; 1994 c 211 § 304.] Effective date—1995 c 337: See note following RCW 25.15.005. 25.15.135 Records and information. (1) A limited liability company shall keep at its principal place of business the following: (a) A current and a past list, setting forth the full name and last known mailing address of each member and manager, if any; (b) A copy of its certificate of formation and all amendments thereto; (c) A copy of its current limited liability company agreement and all amendments thereto, and a copy of any prior agreements no longer in effect; (d) Unless contained in its certificate of formation or limited liability company agreement, a written statement of: (i) The amount of cash and a description of the agreed value of the other property or services contributed by each member (including that member’s predecessors in interest), and which each member has agreed to contribute; (ii) The times at which or events on the happening of which any additional contributions agreed to be made by each member are to be made; and (iii) Any right of any member to receive distributions which include a return of all or any part of the member’s contribution. (e) A copy of the limited liability company’s federal, state, and local tax returns and reports, if any, for the three most recent years; and 25.15.135 (2008 Ed.) Limited Liability Companies (f) A copy of any financial statements of the limited liability company for the three most recent years. (2) The records required by subsection (1) of this section to be kept by a limited liability company are subject to inspection and copying at the reasonable request, and at the expense, of any member during ordinary business hours. A member’s agent or attorney has the same inspection and copying rights as the member. (3) Each manager shall have the right to examine all of the information described in subsection (1) of this section for a purpose reasonably related to his or her position as a manager. (4) A limited liability company may maintain its records in other than a written form if such form is capable of conversion into written form within a reasonable time. (5) Any action to enforce any right arising under this section shall be brought in the superior courts. [1994 c 211 § 305.] 25.15.165 company required to be kept pursuant to RCW 25.15.135) of the contributions made, or required to be made, by all members at the time of such action; (b) Need not be members of the limited liability company or natural persons; and (c) Unless they have been earlier removed or have earlier resigned, shall hold office until their successors shall have been elected and qualified. (3) If the certificate of formation vests management of the limited liability company in a manager or managers, no member, acting solely in the capacity as a member, is an agent of the limited liability company. [1996 c 231 § 8; 1994 c 211 § 401.] Application—1996 c 231 § 8: "Section 8, chapter 231, Laws of 1996 does not apply to a limited liability company formed prior to June 6, 1996, unless the certificate of formation of the limited liability company is amended after June 6, 1996, to provide that the limited liability company has perpetual duration." [1996 c 231 § 13.] 25.15.155 Liability of managers and members. Unless otherwise provided in the limited liability company agreement: (1) A member or manager shall not be liable, responsible, or accountable in damages or otherwise to the limited liability company or to the members of the limited liability company for any action taken or failure to act on behalf of the limited liability company unless such act or omission constitutes gross negligence, intentional misconduct, or a knowing violation of law. (2) Every member and manager must account to the limited liability company and hold as trustee for it any profit or benefit derived by him or her without the consent of a majority of the disinterested managers or members, or other persons participating in the management of the business or affairs of the limited liability company from (a) any transaction connected with the conduct or winding up of the limited liability company or (b) any use by him or her of its property, including, but not limited to, confidential or proprietary information of the limited liability company or other matters entrusted to him or her as a result of his or her status as manager or member. [1994 c 211 § 402.] 25.15.155 25.15.140 Remedies for breach of limited liability company agreement by member. A limited liability company agreement may provide that (1) a member who fails to perform in accordance with, or to comply with the terms and conditions of, the limited liability company agreement shall be subject to specified penalties or specified consequences, and (2) at the time or upon the happening of events specified in the limited liability company agreement, a member shall be subject to specified penalties or specified consequences. [1994 c 211 § 306.] 25.15.140 ARTICLE IV. MANAGEMENT AND MANAGERS 25.15.150 Management. (1) Unless the certificate of formation vests management of the limited liability company in a manager or managers: (a) Management of the business or affairs of the limited liability company shall be vested in the members; and (b) each member is an agent of the limited liability company for the purpose of its business and the act of any member for apparently carrying on in the usual way the business of the limited liability company binds the limited liability company unless the member so acting has in fact no authority to act for the limited liability company in the particular matter and the person with whom the member is dealing has knowledge of the fact that the member has no such authority. Subject to any provisions in the limited liability company agreement or this chapter restricting or enlarging the management rights and duties of any person or group or class of persons, the members shall have the right and authority to manage the affairs of the limited liability company and to make all decisions with respect thereto. (2) If the certificate of formation vests management of the limited liability company in one or more managers, then such persons shall have such power to manage the business or affairs of the limited liability company as is provided in the limited liability company agreement. Unless otherwise provided in the limited liability company agreement, such persons: (a) Shall be designated, appointed, elected, removed, or replaced by a vote, approval, or consent of members contributing, or required to contribute, more than fifty percent of the agreed value (as stated in the records of the limited liability 25.15.150 (2008 Ed.) 25.15.160 Manager—Members’ rights and duties. A person who is both a manager and a member has the rights and powers, and is subject to the restrictions and liabilities, of a manager and, except as provided in a limited liability company agreement, also has the rights and powers, and is subject to the restrictions and liabilities, of a member to the extent of his or her participation in the limited liability company as a member. [1994 c 211 § 403.] 25.15.160 25.15.165 Voting and classes of managers. (1) Unless the limited liability company agreement provides otherwise, the affirmative vote, approval, or consent of more than onehalf by number of the managers shall be required to decide any matter connected with the business and affairs of the limited liability company. (2) A limited liability company agreement may provide for classes or groups of managers having such relative rights, powers, and duties as the limited liability company agreement may provide, and may make provision for the future 25.15.165 [Title 25 RCW—page 47] 25.15.170 Title 25 RCW: Partnerships creation in the manner provided in the limited liability company agreement of additional classes or groups of managers having such relative rights, powers, and duties as may from time to time be established, including rights, powers, and duties senior to existing classes and groups of managers. A limited liability company agreement may provide for the taking of an action, including the amendment of the limited liability company agreement, without the vote or approval of any manager or class or group of managers, including an action to create under the provisions of the limited liability company agreement a class or group of limited liability company interests that was not previously outstanding. (3) A limited liability company agreement may grant to all or certain identified managers or a specified class or group of the managers the right to vote, separately or with all or any class or group of managers or members, on any matter. If the limited liability company agreement so provides, voting by managers may be on a financial interest, class, group, or any other basis. (4) A limited liability company agreement which contains provisions related to voting rights of managers may set forth provisions relating to notice of the time, place, or purpose of any meeting at which any matter is to be voted on by any manager or class or group of managers, waiver of any such notice, action by consent without a meeting, the establishment of a record date, quorum requirements, voting in person or by proxy, or any other matter with respect to the exercise of any such right to vote. [1994 c 211 § 404.] 25.15.180 Resignation of manager. A manager may resign as a manager of a limited liability company at the time or upon the happening of events specified in a limited liability company agreement and in accordance with the limited liability company agreement. A limited liability company agreement may provide that a manager shall not have the right to resign as a manager of a limited liability company. Notwithstanding that a limited liability company agreement provides that a manager does not have the right to resign as a manager of a limited liability company, a manager may resign as a manager of a limited liability company at any time by giving written notice to the members and other managers. If the resignation of a manager violates a limited liability company agreement, in addition to any remedies otherwise available under applicable law, a limited liability company may recover from the resigning manager damages for breach of the limited liability company agreement and offset the damages against the amount otherwise distributable to the resigning manager. [1994 c 211 § 407.] 25.15.180 25.15.185 Loss of sole remaining manager. In the event of the death, resignation, or removal of the sole remaining manager, or if one of the events described in RCW 25.15.130(1) (d) through (i) occurs with regard to the sole remaining manager, and unless the limited liability company agreement provides otherwise, the limited liability company shall become member-managed unless one or more managers are appointed by majority vote of the members within ninety days after the occurrence of such an event. [2000 c 169 § 3.] 25.15.185 ARTICLE V. FINANCE 25.15.170 25.15.170 Remedies for breach of limited liability company agreement by manager. A limited liability company agreement may provide that (1) a manager who fails to perform in accordance with, or to comply with the terms and conditions of, the limited liability company agreement shall be subject to specified penalties or specified consequences, and (2) at the time or upon the happening of events specified in the limited liability company agreement, a manager shall be subject to specified penalties or specified consequences. [1994 c 211 § 405.] 25.15.175 25.15.175 Reliance on reports and information by member or manager. In discharging the duties of a manager or a member, a member or manager of a limited liability company is entitled to rely in good faith upon the records of the limited liability company and upon such information, opinions, reports, or statements presented to the limited liability company by any of its other managers, members, officers, employees, or committees of the limited liability company, or by any other person, as to matters the member or manager reasonably believes are within such other person’s professional or expert competence and who has been selected with reasonable care by or on behalf of the limited liability company, including information, opinions, reports, or statements as to the value and amount of the assets, liabilities, profits, or losses of the limited liability company or any other facts pertinent to the existence and amount of assets from which distributions to members might properly be paid. [1994 c 211 § 406.] [Title 25 RCW—page 48] 25.15.190 Form of contribution. The contribution of a member to a limited liability company may be made in cash, property or services rendered, or a promissory note or other obligation to contribute cash or property or to perform services. [1994 c 211 § 501.] 25.15.190 25.15.195 Liability for contribution. (1) Except as provided in a limited liability company agreement, a member is obligated to a limited liability company to perform any promise to contribute cash or property or to perform services, even if the member is unable to perform because of death, disability, or any other reason. If a member does not make the required contribution of property or services, the member is obligated at the option of the limited liability company to contribute cash equal to that portion of the agreed value (as stated in the records of the limited liability company required to be kept pursuant to RCW 25.15.135) of the contribution that has not been made. This option shall be in addition to, and not in lieu of, any other rights, including the right to specific performance, that the limited liability company may have against such member under the limited liability company agreement or applicable law. (2) Unless otherwise provided in a limited liability company agreement, the obligation of a member to make a contribution or return money or other property paid or distributed in violation of this chapter may be compromised only by consent of all the members. Notwithstanding the compromise, a creditor of a limited liability company who extends credit, after either the certificate of formation, limited liability com25.15.195 (2008 Ed.) Limited Liability Companies pany agreement or an amendment thereto, or records required to be kept under RCW 25.15.135 reflect the obligation, and before the amendment of any thereof to reflect the compromise, may enforce the original obligation to the extent that, in extending credit, the creditor reasonably relied on the obligation of a member to make a contribution or return. A conditional obligation of a member to make a contribution or return money or other property to a limited liability company may not be enforced unless the conditions of the obligation have been satisfied or waived as to or by such member. Conditional obligations include contributions payable upon a discretionary call of a limited liability company prior to the time the call occurs. (3) A limited liability company agreement may provide that the interest of any member who fails to make any contribution that the member is obligated to make shall be subject to specified penalties for, or specified consequences of, such failure. Such penalty or consequence may take the form of reducing or eliminating the defaulting member’s proportionate interest in a limited liability company, subordinating the member’s limited liability company interest to that of nondefaulting members, a forced sale of the member’s limited liability company interest, forfeiture of the member’s limited liability company interest, the lending by other members of the amount necessary to meet the member’s commitment, a fixing of the value of the member’s limited liability company interest by appraisal or by formula and redemption or sale of the member’s limited liability company interest at such value, or other penalty or consequence. [1994 c 211 § 502.] 25.15.200 25.15.200 Allocation of profits and losses. The profits and losses of a limited liability company shall be allocated among the members, and among classes or groups of members, in the manner provided in a limited liability company agreement. If the limited liability company agreement does not so provide, profits and losses shall be allocated in proportion to the agreed value (as stated in the records of the limited liability company required to be kept pursuant to RCW 25.15.135) of the contributions made, or required to be made, by each member. [1994 c 211 § 503.] 25.15.205 25.15.205 Allocation of distributions. Distributions of cash or other assets of a limited liability company shall be allocated among the members, and among classes or groups of members, in the manner provided in a limited liability company agreement. If the limited liability company agreement does not so provide, distributions shall be made in proportion to the agreed value (as stated in the records of the limited liability company required to be kept pursuant to RCW 25.15.135) of the contributions made, or required to be made, by each member. [1994 c 211 § 504.] ARTICLE VI. DISTRIBUTIONS AND RESIGNATION 25.15.215 25.15.215 Interim distributions. Except as provided in this article, to the extent and at the times or upon the happening of the events specified in a limited liability company agreement, a member is entitled to receive from a limited liability company distributions before the member’s dissocia(2008 Ed.) 25.15.235 tion from the limited liability company and before the dissolution and winding up thereof. [1994 c 211 § 601.] 25.15.220 Distribution on event of dissociation. Unless otherwise provided in the limited liability company agreement, upon the occurrence of an event of dissociation under RCW 25.15.130 which does not cause dissolution (other than an event of dissociation specified in RCW 25.15.130(1)(b) where the dissociating member’s assignee is admitted as a member), a dissociating member (or the member’s assignee) is entitled to receive any distribution to which an assignee would be entitled. [1995 c 337 § 18; 1994 c 211 § 602.] 25.15.220 Effective date—1995 c 337: See note following RCW 25.15.005. 25.15.225 Distribution in-kind. Except as provided in a limited liability company agreement, a member, regardless of the nature of the member’s contribution, has no right to demand and receive any distribution from a limited liability company in any form other than cash. Except as provided in a limited liability company agreement, a member may not be compelled to accept a distribution of any asset in-kind from a limited liability company to the extent that the percentage of the asset distributed to the member exceeds a percentage of that asset which is equal to the percentage in which he or she shares in distributions from the limited liability company. [1994 c 211 § 603.] 25.15.225 25.15.230 Right to distribution. Subject to RCW 25.15.235 and 25.15.300, and unless otherwise provided in a limited liability company agreement, at the time a member becomes entitled to receive a distribution, he or she has the status of, and is entitled to all remedies available to, a creditor of a limited liability company with respect to the distribution. A limited liability company agreement may provide for the establishment of a record date with respect to allocations and distributions by a limited liability company. [1994 c 211 § 604.] 25.15.230 25.15.235 Limitations on distribution. (1) A limited liability company shall not make a distribution to a member to the extent that at the time of the distribution, after giving effect to the distribution (a) the limited liability company would not be able to pay its debts as they became due in the usual course of business, or (b) all liabilities of the limited liability company, other than liabilities to members on account of their limited liability company interests and liabilities for which the recourse of creditors is limited to specified property of the limited liability company, exceed the fair value of the assets of the limited liability company, except that the fair value of property that is subject to a liability for which the recourse of creditors is limited shall be included in the assets of the limited liability company only to the extent that the fair value of that property exceeds that liability. (2) A member who receives a distribution in violation of subsection (1) of this section, and who knew at the time of the distribution that the distribution violated subsection (1) of this section, shall be liable to a limited liability company for the amount of the distribution. A member who receives a distribution in violation of subsection (1) of this section, and 25.15.235 [Title 25 RCW—page 49] 25.15.245 Title 25 RCW: Partnerships who did not know at the time of the distribution that the distribution violated subsection (1) of this section, shall not be liable for the amount of the distribution. Subject to subsection (3) of this section, this subsection (2) shall not affect any obligation or liability of a member under a limited liability company agreement or other applicable law for the amount of a distribution. (3) Unless otherwise agreed, a member who receives a distribution from a limited liability company shall have no liability under this chapter or other applicable law for the amount of the distribution after the expiration of three years from the date of the distribution unless an action to recover the distribution from such member is commenced prior to the expiration of the said three-year period and an adjudication of liability against such member is made in the said action. [1994 c 211 § 605.] ARTICLE VII. ASSIGNMENT OF LIMITED LIABILITY COMPANY INTERESTS 25.15.245 Nature of limited liability company interest—Certificate of interest. (1) A limited liability company interest is personal property. A member has no interest in specific limited liability company property. (2) A limited liability company agreement may provide that a member’s interest in a limited liability company may be evidenced by a certificate of limited liability company interest issued by the limited liability company. [1994 c 211 § 701.] 25.15.245 25.15.250 Assignment of limited liability company interest. (1) A limited liability company interest is assignable in whole or in part except as provided in a limited liability company agreement. The assignee of a member’s limited liability company interest shall have no right to participate in the management of the business and affairs of a limited liability company except: (a) Upon the approval of all of the members of the limited liability company other than the member assigning his or her limited liability company interest; or (b) As provided in a limited liability company agreement. (2) Unless otherwise provided in a limited liability company agreement: (a) An assignment entitles the assignee to share in such profits and losses, to receive such distributions, and to receive such allocation of income, gain, loss, deduction, or credit or similar item to which the assignor was entitled, to the extent assigned; and (b) A member ceases to be a member and to have the power to exercise any rights or powers of a member upon assignment of all of his or her limited liability company interest. (3) For the purposes of this chapter, unless otherwise provided in a limited liability company agreement: (a) The pledge of, or granting of a security interest, lien, or other encumbrance in or against, any or all of the limited liability company interest of a member shall not be deemed to be an assignment of the member’s limited liability company interest, but a foreclosure or execution sale or exercise of similar rights with respect to all of a member’s limited liabil25.15.250 [Title 25 RCW—page 50] ity company interest shall be deemed to be an assignment of the member’s limited liability company interest to the transferee pursuant to such foreclosure or execution sale or exercise of similar rights; (b) Where a limited liability company interest is held in a trust or estate, or is held by a trustee, personal representative, or other fiduciary, the transfer of the limited liability company interest, whether to a beneficiary of the trust or estate or otherwise, shall be deemed to be an assignment of such limited liability company interest, but the mere substitution or replacement of the trustee, personal representative, or other fiduciary shall not constitute an assignment of any portion of such limited liability company interest. (4) Unless otherwise provided in a limited liability company agreement and except to the extent assumed by agreement, until an assignee of a limited liability company interest becomes a member, the assignee shall have no liability as a member solely as a result of the assignment. [1995 c 337 § 19; 1994 c 211 § 702.] Effective date—1995 c 337: See note following RCW 25.15.005. 25.15.255 Rights of judgment creditor. On application to a court of competent jurisdiction by any judgment creditor of a member, the court may charge the limited liability company interest of the member with payment of the unsatisfied amount of the judgment with interest. To the extent so charged, the judgment creditor has only the rights of an assignee of the limited liability company interest. This chapter does not deprive any member of the benefit of any exemption laws applicable to the member’s limited liability company interest. [1994 c 211 § 703.] 25.15.255 25.15.260 Right of assignee to become member. (1) An assignee of a limited liability company interest may become a member upon: (a) The approval of all of the members of the limited liability company other than the member assigning his or her limited liability company interest; or (b) Compliance with any procedure provided for in the limited liability company agreement. (2) An assignee who has become a member has, to the extent assigned, the rights and powers, and is subject to the restrictions and liabilities, of a member under a limited liability company agreement and this chapter. An assignee who becomes a member is liable for the obligations of his or her assignor to make contributions as provided in RCW 25.15.195, and for the obligations of his or her assignor under article VI of this chapter. (3) Whether or not an assignee of a limited liability company interest becomes a member, the assignor is not released from his or her liability to a limited liability company under articles V and VI of this chapter. [1994 c 211 § 704.] 25.15.260 ARTICLE VIII. DISSOLUTION 25.15.270 Dissolution. A limited liability company is dissolved and its affairs shall be wound up upon the first to occur of the following: (1)(a) The dissolution date, if any, specified in the certificate of formation. If a dissolution date is not specified in the 25.15.270 (2008 Ed.) Limited Liability Companies certificate of formation, the limited liability company’s existence will continue until the first to occur of the events described in subsections (2) through (6) of this section. If a dissolution date is specified in the certificate of formation, the certificate of formation may be amended and the existence of the limited liability company may be extended by vote of all the members; (b) This subsection does not apply to a limited liability company formed under RCW 30.08.025 or 32.08.025. (2) The happening of events specified in a limited liability company agreement; (3) The written consent of all members; (4) Unless the limited liability company agreement provides otherwise, ninety days following an event of dissociation of the last remaining member, unless those having the rights of assignees in the limited liability company under RCW 25.15.130(1) have, by the ninetieth day, voted to admit one or more members, voting as though they were members, and in the manner set forth in RCW 25.15.120(1); (5) The entry of a decree of judicial dissolution under RCW 25.15.275; or (6) The expiration of two years after the effective date of dissolution under RCW 25.15.285 without the reinstatement of the limited liability company. [2006 c 48 § 4; 2000 c 169 § 4; 1997 c 21 § 1; 1996 c 231 § 9; 1994 c 211 § 801.] 25.15.275 Judicial dissolution. On application by or for a member or manager the superior courts may decree dissolution of a limited liability company whenever: (1) It is not reasonably practicable to carry on the business in conformity with a limited liability company agreement; or (2) other circumstances render dissolution equitable. [1994 c 211 § 802.] 25.15.275 25.15.280 Administrative dissolution—Commencement of proceeding. The secretary of state may commence a proceeding under RCW 25.15.285 to administratively dissolve a limited liability company if: (1) The limited liability company does not pay any license fees or penalties, imposed by this chapter, when they become due; (2) The limited liability company does not deliver its completed initial report or annual report to the secretary of state when it is due; (3) The limited liability company is without a registered agent or registered office in this state for sixty days or more; or (4) The limited liability company does not notify the secretary of state within sixty days that its registered agent or registered office has been changed, that its registered agent has resigned, or that its registered office has been discontinued. [1995 c 337 § 20; 1994 c 211 § 803.] 25.15.280 25.15.295 address of the principal place of business of the limited liability company as it appears in the records of the secretary of state. (2) If the limited liability company does not correct each ground for dissolution or demonstrate to the reasonable satisfaction of the secretary of state that each ground determined by the secretary of state does not exist within sixty days after notice is sent, the limited liability company is thereupon dissolved. The secretary of state shall give the limited liability company written notice of the dissolution that recites the ground or grounds therefor and its effective date. (3) A limited liability company administratively dissolved continues its existence but may not carry on any business except as necessary to wind up and liquidate its business and affairs. (4) The administrative dissolution of a limited liability company does not terminate the authority of its registered agent. [1994 c 211 § 804.] 25.15.290 Administrative dissolution—Reinstatement—Application—When effective. (1) A limited liability company administratively dissolved under RCW 25.15.285 may apply to the secretary of state for reinstatement within two years after the effective date of dissolution. The application must: (a) Recite the name of the limited liability company and the effective date of its administrative dissolution; (b) State that the ground or grounds for dissolution either did not exist or have been eliminated; and (c) State that the limited liability company’s name satisfies the requirements of RCW 25.15.010. (2) If the secretary of state determines that the application contains the information required by subsection (1) of this section and that the name is available, the secretary of state shall reinstate the limited liability company and give the limited liability company written notice, as provided in RCW 25.15.285(1), of the reinstatement that recites the effective date of reinstatement. If the name is not available, the limited liability company must file with its application for reinstatement an amendment to its certificate of formation reflecting a change of name. (3) When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the limited liability company may resume carrying on its business as if the administrative dissolution had never occurred. (4) If an application for reinstatement is not made within the two-year period set forth in subsection (1) of this section, or if the application made within this period is not granted, the secretary of state shall cancel the limited liability company’s certificate of formation. [1994 c 211 § 805.] 25.15.290 Effective date—1995 c 337: See note following RCW 25.15.005. 25.15.295 Winding up. (1) Unless otherwise provided in a limited liability company agreement, a manager who has not wrongfully dissolved a limited liability company or, if none, the members or a person approved by the members or, if there is more than one class or group of members, then by each class or group of members, in either case, by members contributing, or required to contribute, more than fifty percent of the agreed value (as stated in the records of the limited 25.15.295 25.15.285 Administrative dissolution—Notice— Opportunity to correct deficiencies. (1) If the secretary of state determines that one or more grounds exist under RCW 25.15.280 for dissolving a limited liability company, the secretary of state shall give the limited liability company written notice of the determination by first-class mail, postage prepaid, reciting the grounds therefor. Notice shall be sent to the 25.15.285 (2008 Ed.) [Title 25 RCW—page 51] 25.15.300 Title 25 RCW: Partnerships liability company required to be kept pursuant to RCW 25.15.135) of the contributions made, or required to be made, by all members, or by the members in each class or group, as appropriate, may wind up the limited liability company’s affairs. The superior courts, upon cause shown, may wind up the limited liability company’s affairs upon application of any member or manager, his or her legal representative or assignee, and in connection therewith, may appoint a receiver. (2) Upon dissolution of a limited liability company and until the filing of a certificate of cancellation as provided in RCW 25.15.080, the persons winding up the limited liability company’s affairs may, in the name of, and for and on behalf of, the limited liability company, prosecute and defend suits, whether civil, criminal, or administrative, gradually settle and close the limited liability company’s business, dispose of and convey the limited liability company’s property, discharge or make reasonable provision for the limited liability company’s liabilities, and distribute to the members any remaining assets of the limited liability company. [1994 c 211 § 806.] 25.15.300 Distribution of assets. (1) Upon the winding up of a limited liability company, the assets shall be distributed as follows: (a) To creditors, including members and managers who are creditors, to the extent otherwise permitted by law, in satisfaction of liabilities of the limited liability company (whether by payment or the making of reasonable provision for payment thereof) other than liabilities for which reasonable provision for payment has been made and liabilities for distributions to members under RCW 25.15.215 or 25.15.230; (b) Unless otherwise provided in a limited liability company agreement, to members and former members in satisfaction of liabilities for distributions under RCW 25.15.215 or 25.15.230; and (c) Unless otherwise provided in a limited liability company agreement, to members first for the return of their contributions and second respecting their limited liability company interests, in the proportions in which the members share in distributions. (2) A limited liability company which has dissolved shall pay or make reasonable provision to pay all claims and obligations, including all contingent, conditional, or unmatured claims and obligations, known to the limited liability company and all claims and obligations which are known to the limited liability company but for which the identity of the claimant is unknown. If there are sufficient assets, such claims and obligations shall be paid in full and any such provision for payment made shall be made in full. If there are insufficient assets, such claims and obligations shall be paid or provided for according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefor. Unless otherwise provided in a limited liability company agreement, any remaining assets shall be distributed as provided in this chapter. Any person winding up a limited liability company’s affairs who has complied with this section is not personally liable to the claimants of the dissolved limited liability company by reason of such per25.15.300 [Title 25 RCW—page 52] son’s actions in winding up the limited liability company. [1994 c 211 § 807.] 25.15.303 25.15.303 Remedies available after dissolution. The dissolution of a limited liability company does not take away or impair any remedy available against that limited liability company, its managers, or its members for any right or claim existing, or any liability incurred at any time, whether prior to or after dissolution, unless an action or other proceeding thereon is not commenced within three years after the effective date of dissolution. Such an action or proceeding against the limited liability company may be defended by the limited liability company in its own name. [2006 c 325 § 1.] ARTICLE IX. FOREIGN LIMITED LIABILITY COMPANIES 25.15.310 25.15.310 Law governing. (1) Subject to the Constitution of the state of Washington: (a) The laws of the state, territory, possession, or other jurisdiction or country under which a foreign limited liability company is organized govern its organization and internal affairs and the liability of its members and managers; and (b) A foreign limited liability company may not be denied registration by reason of any difference between those laws and the laws of this state. (2) A foreign limited liability company is subject to RCW 25.15.030 and, notwithstanding subsection (1)(a) of this section, a foreign limited liability company rendering professional services in this state is also subject to RCW 25.15.045(2). (3) A foreign limited liability company and its members and managers doing business in this state thereby submit to personal jurisdiction of the courts of this state and are subject to RCW 25.15.125. [1995 c 337 § 21; 1994 c 211 § 901.] Effective date—1995 c 337: See note following RCW 25.15.005. 25.15.315 25.15.315 Registration required—Application. Before doing business in this state, a foreign limited liability company shall register with the secretary of state. In order to register, a foreign limited liability company shall submit to the secretary of state, an application for registration as a foreign limited liability company executed by any member or manager of the foreign limited liability company, setting forth: (1) The name of the foreign limited liability company and, if different, the name under which it proposes to register and do business in this state; (2) The state, territory, possession, or other jurisdiction or country where formed, the date of its formation and a duly authenticated statement from the secretary of state or other official having custody of limited liability company records in the jurisdiction under whose law it was formed, that as of the date of filing the foreign limited liability company validly exists as a limited liability company under the laws of the jurisdiction of its formation; (3) The nature of the business or purposes to be conducted or promoted in this state; (2008 Ed.) Limited Liability Companies (4) The address of the registered office and the name and address of the registered agent for service of process required to be maintained by RCW 25.15.325(2); (5) The address of the principal place of business of the foreign limited liability company; (6) A statement that the secretary of state is appointed the agent of the foreign limited liability company for service of process under the circumstances set forth in RCW 25.15.355(2); and (7) The date on which the foreign limited liability company first did, or intends to do, business in this state. [1994 c 211 § 902.] 25.15.320 Issuance of registration. (1) If the secretary of state finds that an application for registration conforms to law and all requisite fees have been paid, the secretary shall: (a) Certify that the application has been filed in his or her office by endorsing upon the original application the word "Filed," and the date of the filing. This endorsement is conclusive of the date of its filing in the absence of actual fraud; (b) File the endorsed application. (2) The duplicate of the application, similarly endorsed, shall be returned to the person who filed the application or that person’s representative. [1994 c 211 § 903.] 25.15.320 25.15.325 Name—Registered office—Registered agent. (1) A foreign limited liability company may register with the secretary of state under any name (whether or not it is the name under which it is registered in the jurisdiction of its formation) that includes the words "Limited Liability Company," the words "Limited Liability" and the abbreviation "Co.," or the abbreviation "L.L.C." or "LLC" and that could be registered by a domestic limited liability company. A foreign limited liability company may apply to the secretary of state for authorization to use a name which is not distinguishable upon the records of the office of the secretary of state from the names described in RCW 23B.04.010 and 25.10.020, and the names of any domestic or foreign limited liability company reserved, registered, or formed under the laws of this state. The secretary of state shall authorize use of the name applied for if the other corporation, limited liability company, limited liability partnership, or limited partnership consents in writing to the use and files with the secretary of state documents necessary to change its name, or the name reserved or registered to a name that is distinguishable upon the records of the secretary of state from the name of the applying foreign limited liability company. (2) Each foreign limited liability company shall continuously maintain in this state: (a) A registered office, which may but need not be a place of its business in this state. The registered office shall be at a specific geographic location in this state, and be identified by number, if any, and street, or building address or rural route, or, if a commonly known street or rural route address does not exist, by legal description. A registered office may not be identified by post office box number or other nongeographic address. For purposes of communicating by mail, the secretary of state may permit the use of a post office address in conjunction with the registered office address if the foreign limited liability company also main25.15.325 (2008 Ed.) 25.15.325 tains on file the specific geographic address of the registered office where personal service of process may be made; (b) A registered agent for service of process on the foreign limited liability company, which agent may be either an individual resident of this state whose business office is identical with the foreign limited liability company’s registered office, or a domestic corporation, a limited partnership or limited liability company, or a foreign corporation authorized to do business in this state having a business office identical with such registered office; and (c) A registered agent who shall not be appointed without having given prior written consent to the appointment. The written consent shall be filed with the secretary of state in such form as the secretary may prescribe. The written consent shall be filled with or as a part of the document first appointing a registered agent. In the event any individual, limited liability company, limited partnership, or corporation has been appointed agent without consent, that person or corporation may file a notarized statement attesting to that fact, and the name shall forthwith be removed from the records of the secretary of state. (3) A foreign limited liability company may change its registered office or registered agent by delivering to the secretary of state for filing a statement of change that sets forth: (a) The name of the foreign limited liability company; (b) If the current registered office is to be changed, the street address of the new registered office in accord with subsection (2)(a) of this section; (c) If the current registered agent is to be changed, the name of the new registered agent and the new agent’s written consent, either on the statement or attached to it, to the appointment; and (d) That after the change or changes are made, the street addresses of its registered office and the business office of its registered agent will be identical. (4) If a registered agent changes the street address of the agent’s business office, the registered agent may change the street address of the registered office of any foreign limited liability company for which the agent is the registered agent by notifying the foreign limited liability company in writing of the change and signing, either manually or in facsimile, and delivering to the secretary of state for filing a statement that complies with the requirements of subsection (3) of this section and recites that the foreign limited liability company has been notified of the change. (5) A registered agent of any foreign limited liability company may resign as agent by signing and delivering to the secretary of state for filing a statement that the registered office is also discontinued. After filing the statement the secretary of state shall mail a copy of the statement to the foreign limited liability company at its principal place of business shown in its application for certificate of registration if no annual report has been filed. The agency appointment is terminated, and the registered office discontinued if so provided, on the thirty-first day after the date on which the statement was filed. [2002 c 74 § 19; 1998 c 102 § 10; 1996 c 231 § 10; 1994 c 211 § 904.] Captions not law—2002 c 74: See note following RCW 19.09.020. [Title 25 RCW—page 53] 25.15.330 Title 25 RCW: Partnerships 25.15.330 Amendments to application. If any statement in the application for registration of a foreign limited liability company was false when made or any arrangements or other facts described have changed, making the application false in any respect, the foreign limited liability company shall promptly file in the office of the secretary of state a certificate, executed by any member or manager, correcting such statement. [1994 c 211 § 905.] 25.15.330 25.15.335 Cancellation of registration. (1) A foreign limited liability company may cancel its registration by filing with the secretary of state a certificate of cancellation, executed by any member or manager. A cancellation does not terminate the authority of the secretary of state to accept service of process on the foreign limited liability company with respect to causes of action arising out of the doing of business in this state. (2) The certificate of cancellation shall set forth: (a) The name of the foreign limited liability company; (b) The date of filing of its certificate of registration; (c) The reason for filing the certificate of cancellation; (d) The future effective date (not later than the ninetieth day after the date it is filed) of cancellation if it is not to be effective upon filing of the certificate; (e) The address to which service of process may be forwarded; and (f) Any other information the person filing the certificate of cancellation desires. [1994 c 211 § 906.] 25.15.335 25.15.340 Doing business without registration. (1) A foreign limited liability company doing business in this state may not maintain any action, suit, or proceeding in this state until it has registered in this state, and has paid to this state all fees and penalties for the years or parts thereof, during which it did business in this state without having registered. (2) The failure of a foreign limited liability company to register in this state does not impair: (a) The validity of any contract or act of the foreign limited liability company; (b) The right of any other party to the contract to maintain any action, suit, or proceeding on the contract; or (c) Prevent the foreign limited liability company from defending any action, suit, or proceeding in any court of this state. (3) A member or a manager of a foreign limited liability company is not liable for the obligations of the foreign limited liability company solely by reason of the limited liability company’s having done business in this state without registration. [1994 c 211 § 907.] 25.15.340 in any county in which such foreign limited liability company is doing or has done business. [1994 c 211 § 908.] 25.15.350 Transactions not constituting transacting business. (1) The following activities, among others, do not constitute transacting business within the meaning of this article: (a) Maintaining or defending any action or suit or any administrative or arbitration proceeding, or effecting the settlement thereof or the settlement of claims or disputes; (b) Holding meetings of the members, or managers if any, or carrying on other activities concerning internal limited liability company affairs; (c) Maintaining bank accounts, share accounts in savings and loan associations, custodian or agency arrangements with a bank or trust company, or stock or bond brokerage accounts; (d) Maintaining offices or agencies for the transfer, exchange, and registration of the foreign limited liability company’s own securities or interests or maintaining trustees or depositaries with respect to those securities or interests; (e) Selling through independent contractors; (f) Soliciting or procuring orders, whether by mail or through employees or agents or otherwise, where the orders require acceptance outside this state before becoming binding contracts and where the contracts do not involve any local performance other than delivery and installation; (g) Making loans or creating or acquiring evidences of debt, mortgages, or liens on real or personal property, or recording same; (h) Securing or collecting debts or enforcing mortgages and security interests in property securing the debts; (i) Owning, without more, real or personal property; (j) Conducting an isolated transaction that is completed within thirty days and that is not one in the course of repeated transactions of a like nature; (k) Transacting business in interstate commerce; (l) Owning a controlling interest in a corporation or a foreign corporation that transacts business within this state; (m) Participating as a limited partner of a domestic or foreign limited partnership that transacts business within this state; or (n) Participating as a member or a manager of a domestic or foreign limited liability company that transacts business within this state. (2) The list of activities in subsection (1) of this section is not exhaustive. [1994 c 211 § 909.] 25.15.350 25.15.355 Service of process on registered foreign limited liability companies. (1) A foreign limited liability company’s registered agent is its agent for service of process, notice, or demand required or permitted by law to be served on the foreign limited liability company. (2) The secretary of state shall be an agent of a foreign limited liability company upon whom any such process, notice, or demand may be served if: (a) The foreign limited liability company fails to appoint or maintain a registered agent in this state; or (b) The registered agent cannot with reasonable diligence be found at the registered office. 25.15.355 25.15.345 Foreign limited liability companies doing business without having qualified—Injunctions. The superior courts shall have jurisdiction to enjoin any foreign limited liability company, or any agent thereof, from doing any business in this state if such foreign limited liability company has failed to register under this article or if such foreign limited liability company has secured a certificate of registration from the secretary of state under RCW 25.15.320 on the basis of false or misleading representations. The secretary of state shall, upon the secretary’s own motion or upon the relation of proper parties, proceed for this purpose by complaint 25.15.345 [Title 25 RCW—page 54] (2008 Ed.) Limited Liability Companies (3) Service on the secretary of state of any such process, notice, or demand shall be made by delivering to and leaving with the secretary of state, or with any duly authorized clerk of the secretary of state’s office, the process, notice, or demand. In the event any such process, notice, or demand is served on the secretary of state, the secretary of state shall immediately cause a copy thereof to be forwarded by certified mail, addressed to the foreign limited liability company at the address of its principal place of business as it appears on the records of the secretary of state. Any service so had on the secretary of state shall be returnable in not less than thirty days. (4) The secretary of state shall keep a record of all processes, notices, and demands served upon the secretary of state under this section, and shall record therein the time of such service and the secretary of state’s action with reference thereto. (5) This section does not limit or affect the right to serve any process, notice, or demand required or permitted by law to be served upon a foreign limited liability company in any other manner now or hereafter permitted by law. [1994 c 211 § 910.] 25.15.360 Service of process on unregistered foreign limited liability companies. (1) Any foreign limited liability company which shall do business in this state without having registered under RCW 25.15.315 shall be deemed to have thereby appointed and constituted the secretary of state its agent for the acceptance of legal process in any civil action, suit, or proceeding against it in any state or federal court in this state arising or growing out of any business done by it within this state. The doing of business in this state by such foreign limited liability company shall be a signification of the agreement of such foreign limited liability company that any such process when so served shall be of the same legal force and validity as if served upon a registered agent personally within this state. (2) In the event of service upon the secretary of state in accordance with subsection (1) of this section, the secretary of state shall forthwith notify the foreign limited liability company thereof by letter, certified mail, return receipt requested, directed to the foreign limited liability company at the address furnished to the secretary of state by the plaintiff in such action, suit, or proceeding. Such letter shall enclose a copy of the process and any other papers served upon the secretary of state. It shall be the duty of the plaintiff in the event of such service to serve process and any other papers in duplicate, to notify the secretary of state that service is being made pursuant to this subsection. [1994 c 211 § 911.] 25.15.360 25.15.365 Revocation of registration—Requirements for commencement. The secretary of state may commence a proceeding under *section 11 of this act to revoke registration of a foreign limited liability company authorized to transact business in this state if: (1) The foreign limited liability company is without a registered agent or registered office in this state for sixty days or more; (2) The foreign limited liability company does not inform the secretary of state under RCW 25.15.330 that its 25.15.365 (2008 Ed.) 25.15.366 registered agent or registered office has changed, that its registered agent has resigned, or that its registered office has been discontinued within sixty days of the change, resignation, or discontinuance; (3) A manager or other agent of the foreign limited liability company signed a document knowing it was false in any material respect with intent that the document be delivered to the secretary of state for filing; or (4) The secretary of state receives a duly authenticated certificate from the secretary of state or other official having custody of limited liability company records in the jurisdiction under which the foreign limited liability company was organized stating that the foreign limited liability company has been dissolved or its certificate or articles of formation canceled. [1996 c 231 § 11.] *Reviser’s note: The reference to "section 11 of this act" appears to be erroneous. The error arose in the renumbering of sections when the bill was engrossed. Section 12, codified as RCW 25.15.366, was apparently intended. 25.15.366 Revocation of registration—Procedure— Notice—Correction of grounds—Certificate of revocation—Authority of agent. (1) If the secretary of state determines that one or more grounds exist under *section 10 of this act for revocation of a foreign limited liability company’s registration, the secretary of state shall give the foreign limited liability company written notice of the determination by first-class mail, postage prepaid, stating in the notice the ground or grounds for and effective date of the secretary of state’s determination, which date shall not be earlier than the date on which the notice is mailed. (2) If the foreign limited liability company does not correct each ground for revocation or demonstrate to the reasonable satisfaction of the secretary of state that each ground determined by the secretary of state does not exist within sixty days after notice is effective, the secretary of state shall revoke the foreign limited liability company’s registration by signing a certificate of revocation that recites the ground or grounds for revocation and its effective date. The secretary of state shall file the original of the certificate and mail a copy to the foreign limited liability company. (3) Documents to be mailed by the secretary of state to a foreign limited liability company for which provision is made in this section shall be sent to the foreign limited liability company at the address of the agent for service of process contained in the application or certificate of this limited liability company which is most recently filed with the secretary of state. (4) The authority of a foreign limited liability company to transact business in this state ceases on the date shown on the certificate revoking its registration. (5) The secretary of state’s revocation of a foreign limited liability company’s registration appoints the secretary of state the foreign limited liability company’s agent for service of process in any proceeding based on a cause of action which arose during the time the foreign limited liability company was authorized to transact business in this state. (6) Revocation of a foreign limited liability company’s registration does not terminate the authority of the registered agent of the foreign limited liability company. [1996 c 231 § 12.] 25.15.366 [Title 25 RCW—page 55] 25.15.370 Title 25 RCW: Partnerships *Reviser’s note: The reference to "section 10 of this act" appears to be erroneous. The error arose in the renumbering of sections when the bill was engrossed. Section 11, codified as RCW 25.15.365, was apparently intended. ARTICLE X. DERIVATIVE ACTIONS 25.15.370 Right to bring action. A member may bring an action in the superior courts in the right of a limited liability company to recover a judgment in its favor if managers or members with authority to do so have refused to bring the action or if an effort to cause those managers or members to bring the action is not likely to succeed. [1994 c 211 § 1001.] 25.15.370 25.15.375 Proper plaintiff. In a derivative action, the plaintiff must be a member at the time of bringing the action and: (1) At the time of the transaction of which the plaintiff complains; or (2) The plaintiff’s status as a member had devolved upon him or her by operation of law or pursuant to the terms of a limited liability company agreement from a person who was a member at the time of the transaction. [1994 c 211 § 1002.] 25.15.375 25.15.380 Complaint. In a derivative action, the complaint shall set forth with particularity the effort, if any, of the plaintiff to secure initiation of the action by a manager or member or the reasons for not making the effort. [1994 c 211 § 1003.] 25.15.380 25.15.385 Expenses. If a derivative action is successful, in whole or in part, as a result of a judgment, compromise, or settlement of any such action, the court may award the plaintiff reasonable expenses, including reasonable attorneys’ fees, from any recovery in any such action or from a limited liability company. [1994 c 211 § 1004.] 25.15.385 ARTICLE XI. MERGERS 25.15.395 Merger—Plan—Effective date. (1) One or more domestic limited liability companies may merge with one or more domestic partnerships, domestic limited partnerships, domestic limited liability companies, or domestic corporations pursuant to a plan of merger approved or adopted as provided in RCW 25.15.400. (2) The plan of merger must set forth: (a) The name of each partnership, limited liability company, limited partnership, and corporation planning to merge and the name of the surviving partnership, limited liability company, limited partnership, or corporation into which the other partnership, limited liability company, limited partnership, or corporation plans to merge; (b) The terms and conditions of the merger; and (c) The manner and basis of converting the interests of each member of each limited liability company, the partnership interests in each partnership or limited partnership, and the shares of each corporation party to the merger into the interests, shares, obligations, or other securities of the surviving or any other partnership, limited liability company, limited partnership, or corporation or into cash or other property in whole or part. (3) The plan of merger may set forth: 25.15.395 [Title 25 RCW—page 56] (a) Amendments to the certificate of formation of the surviving limited liability company; (b) Amendments to the certificate of limited partnership of the surviving limited partnership; (c) Amendments to the articles of incorporation of the surviving corporation; and (d) Other provisions relating to the merger. (4) If the plan of merger does not specify a delayed effective date, it shall become effective upon the filing of articles of merger. If the plan of merger specifies a delayed effective time and date, the plan of merger becomes effective at the time and date specified. If the plan of merger specifies a delayed effective date but no time is specified, the plan of merger is effective at the close of business on that date. A delayed effective date for a plan of merger may not be later than the ninetieth day after the date it is filed. [1998 c 103 § 1319; 1994 c 211 § 1101.] 25.15.400 Merger—Plan—Approval. (1) Unless otherwise provided in the limited liability company agreement, approval of a plan of merger by a domestic limited liability company party to the merger shall occur when the plan is approved by the members, or if there is more than one class or group of members, then by each class or group of members, in either case, by members contributing more than fifty percent of the agreed value (as stated in the records of the limited liability company required to be kept pursuant to RCW 25.15.135) of the contributions made, or obligated to be made, by all members or by the members in each class or group, as appropriate. (2) If a domestic limited partnership is a party to the merger, the plan of merger shall be adopted and approved as provided in RCW 25.10.810. (3) If a domestic corporation is a party to the merger, the plan of merger shall be adopted and approved as provided in chapter 23B.11 RCW. (4) If a domestic partnership is a party to the merger, the plan of merger must be approved as provided in RCW 25.05.375. [1998 c 103 § 1320; 1994 c 211 § 1102.] 25.15.400 25.15.405 Articles of merger—Filing. After a plan of merger is approved or adopted, the surviving partnership, limited liability company, limited partnership, or corporation shall deliver to the secretary of state for filing articles of merger setting forth: (1) The plan of merger; (2) If the approval of any members, partners, or shareholders of one or more partnerships, limited liability companies, limited partnerships, or corporations party to the merger was not required, a statement to that effect; or (3) If the approval of any members, partners, or shareholders of one or more of the partnerships, limited liability companies, limited partnerships, or corporations party to the merger was required, a statement that the merger was duly approved by such members, partners, and shareholders pursuant to RCW 25.05.375, 25.15.400, 25.10.810, or chapter 23B.11 RCW. [1998 c 103 § 1321; 1994 c 211 § 1103.] 25.15.405 25.15.410 Effect of merger. (1) When a merger takes effect: 25.15.410 (2008 Ed.) Limited Liability Companies (a) Every other partnership, limited liability company, limited partnership, or corporation that is party to the merger merges into the surviving partnership, limited liability company, limited partnership, or corporation and the separate existence of every partnership, limited liability company, limited partnership, or corporation except the surviving partnership, limited liability company, limited partnership, or corporation ceases; (b) The title to all real estate and other property owned by each partnership, limited liability company, limited partnership, and corporation party to the merger is vested in the surviving partnership, limited liability company, limited partnership, or corporation without reversion or impairment; (c) The surviving partnership, limited liability company, limited partnership, or corporation has all liabilities of each partnership, limited liability company, limited partnership, and corporation that is party to the merger; (d) A proceeding pending against any partnership, limited liability company, limited partnership, or corporation that is party to the merger may be continued as if the merger did not occur or the surviving partnership, limited liability company, limited partnership, or corporation may be substituted in the proceeding for the partnership, limited liability company, limited partnership, or corporation whose existence ceased; (e) The certificate of formation of the surviving limited liability company is amended to the extent provided in the plan of merger; (f) The partnership agreement of the surviving limited partnership is amended to the extent provided in the plan of merger; (g) The articles of incorporation of the surviving corporation are amended to the extent provided in the plan of merger; and (h) The former members of every limited liability company party to the merger, holders of the partnership interests of every domestic partnership or domestic limited partnership that is party to the merger, and the former holders of the shares of every domestic corporation that is party to the merger are entitled only to the rights provided in the plan of merger, to their rights under chapter 25.05 RCW, to their rights under this article, to their rights under RCW 25.10.900 through 25.10.955, or to their rights under chapter 23B.13 RCW. (2) Unless otherwise agreed, a merger of a domestic limited liability company, including a domestic limited liability company which is not the surviving entity in the merger, shall not require the domestic limited liability company to wind up its affairs under RCW 25.15.295 or pay its liabilities and distribute its assets under RCW 25.15.300. (3) Unless otherwise agreed, a merger of a domestic limited partnership, including a domestic limited partnership which is not the surviving entity in the merger, shall not require the domestic limited partnership to wind up its affairs under RCW 25.10.460 or pay its liabilities and distribute its assets under RCW 25.10.470. (4) Unless otherwise agreed, a merger of a domestic partnership, including a domestic partnership which is not the surviving entity in the merger, shall not require the domestic partnership to wind up its affairs under article 8 of chapter 25.05 RCW. (2008 Ed.) 25.15.425 (5) Unless otherwise agreed, a merger of a domestic limited liability company, including a domestic limited liability company which is not the surviving entity in the merger, shall not require the domestic limited liability company to wind up its affairs under article 8 of chapter 25.15 RCW. [1998 c 103 § 1322; 1994 c 211 § 1104.] 25.15.415 Merger—Foreign and domestic. (1) One or more foreign partnerships, one or more foreign limited liability companies, one or more foreign limited partnerships, and one or more foreign corporations may merge with one or more domestic partnerships, domestic limited liability companies, domestic limited partnerships, or domestic corporations if: (a) The merger is permitted by the law of the jurisdiction under which each foreign limited liability company was formed, each foreign partnership or foreign limited partnership was organized, and each foreign corporation was incorporated, and each foreign limited liability company, foreign partnership, foreign limited partnership, and foreign corporation complies with that law in effecting the merger; (b) The surviving entity complies with RCW 25.15.405 and 25.05.380; (c) Each domestic limited liability company complies with RCW 25.15.400; (d) Each domestic limited partnership complies with RCW 25.10.810; and (e) Each domestic corporation complies with RCW 23B.11.080. (2) Upon the merger taking effect, a surviving foreign limited liability company, limited partnership, or corporation is deemed to appoint the secretary of state as its agent for service of process in a proceeding to enforce any obligation or the rights of dissenting partners or shareholders of each domestic limited liability company, domestic limited partnership, or domestic corporation party to the merger. [1998 c 103 § 1323; 1994 c 211 § 1105.] 25.15.415 ARTICLE XII. DISSENTERS’ RIGHTS 25.15.425 Definitions. As used in this article, unless the context otherwise requires: (1) "Limited liability company" means the domestic limited liability company in which the dissenter holds or held a membership interest, or the surviving limited liability company, limited partnership, or corporation by merger, whether foreign or domestic, of that limited liability company. (2) "Dissenter" means a member who is entitled to dissent from a plan of merger and who exercises that right when and in the manner required by this article. (3) "Fair value," with respect to a dissenter’s limited liability company interest, means the value of the member’s limited liability company interest immediately before the effectuation of the merger to which the dissenter objects, excluding any appreciation or depreciation in anticipation of the merger unless exclusion would be inequitable. (4) "Interest" means interest from the effective date of the merger until the date of payment, at the average rate currently paid by the limited liability company on its principal bank loans or, if none, at a rate that is fair and equitable under all the circumstances. [1994 c 211 § 1201.] 25.15.425 [Title 25 RCW—page 57] 25.15.430 Title 25 RCW: Partnerships 25.15.430 Member—Dissent—Payment of fair value. (1) Except as provided in RCW 25.15.440 or 25.15.450(2), a member of a domestic limited liability company is entitled to dissent from, and obtain payment of, the fair value of the member’s interest in a limited liability company in the event of consummation of a plan of merger to which the limited liability company is a party as permitted by RCW 25.15.395 or 25.15.415. (2) A member entitled to dissent and obtain payment for the member’s interest in a limited liability company under this article may not challenge the merger creating the member’s entitlement unless the merger fails to comply with the procedural requirements imposed by this title, Title 23B RCW, RCW 25.10.800 through 25.10.840, or the limited liability company agreement, or is fraudulent with respect to the member or the limited liability company. (3) The right of a dissenting member in a limited liability company to obtain payment of the fair value of the member’s interest in the limited liability company shall terminate upon the occurrence of any one of the following events: (a) The proposed merger is abandoned or rescinded; (b) A court having jurisdiction permanently enjoins or sets aside the merger; or (c) The member’s demand for payment is withdrawn with the written consent of the limited liability company. [1994 c 211 § 1202.] 25.15.430 25.15.435 Dissenters’ rights—Notice—Timing. (1) Not less than ten days prior to the approval of a plan of merger, the limited liability company must send a written notice to all members who are entitled to vote on or approve the plan of merger that they may be entitled to assert dissenters’ rights under this article. Such notice shall be accompanied by a copy of this article. (2) The limited liability company shall notify in writing all members not entitled to vote on or approve the plan of merger that the plan of merger was approved, and send them the dissenters’ notice as required by RCW 25.15.445. [1994 c 211 § 1203.] restricted as permitted by RCW 25.15.455 after the payment demand is received; (c) Supply a form for demanding payment; (d) Set a date by which the limited liability company must receive the payment demand, which date may not be fewer than thirty nor more than sixty days after the date the notice under this section is delivered; and (e) Be accompanied by a copy of this article. [1994 c 211 § 1205.] 25.15.450 Member—Payment demand—Entitlement. (1) A member of a limited liability company who demands payment retains all other rights of a member of such company until the proposed merger becomes effective. (2) A member of a limited liability company sent a dissenters’ notice who does not demand payment by the date set in the dissenters’ notice is not entitled to payment for the member’s interest in the limited liability company under this article. [1994 c 211 § 1206.] 25.15.450 25.15.455 Member’s interests—Transfer restriction. The limited liability company agreement may restrict the transfer of members’ interests in the limited liability company from the date the demand for their payment is received until the proposed merger becomes effective or the restriction is released under this article. [1994 c 211 § 1207.] 25.15.455 25.15.435 25.15.440 Member—Dissent—Voting restriction. A member of a limited liability company who is entitled to vote on or approve the plan of merger and who wishes to assert dissenters’ rights must not vote in favor of or approve the plan of merger. A member who does not satisfy the requirements of this section is not entitled to payment for the member’s interest in the limited liability company under this article. [1994 c 211 § 1204.] 25.15.460 Payment of fair value—Requirements for compliance. (1) Within thirty days of the later of the date the proposed merger becomes effective, or the payment demand is received, the limited liability company shall pay each dissenter who complied with RCW 25.15.450 the amount the limited liability company estimates to be the fair value of the dissenting member’s interest in the limited liability company, plus accrued interest. (2) The payment must be accompanied by: (a) Copies of the financial statements for the limited liability company for its most recent fiscal year; (b) An explanation of how the limited liability company estimated the fair value of the member’s interest in the limited liability company; (c) An explanation of how the accrued interest was calculated; (d) A statement of the dissenter’s right to demand payment; and (e) A copy of this article. [1994 c 211 § 1208.] 25.15.445 Members—Dissenters’ notice—Requirements. (1) If the plan of merger is approved, the limited liability company shall deliver a written dissenters’ notice to all members who satisfied the requirements of RCW 25.15.440. (2) The dissenters’ notice required by RCW 25.15.435(2) or by subsection (1) of this section must be sent within ten days after the approval of the plan of merger, and must: (a) State where the payment demand must be sent; (b) Inform members as to the extent transfer of the member’s interest in the limited liability company will be 25.15.465 Merger—Not effective within sixty days— Transfer restrictions. (1) If the proposed merger does not become effective within sixty days after the date set for demanding payment, the limited liability company shall release any transfer restrictions imposed as permitted by RCW 25.15.455. (2) If, after releasing transfer restrictions, the proposed merger becomes effective, the limited liability company must send a new dissenters’ notice as provided in RCW 25.15.435(2) and 25.15.445 and repeat the payment demand procedure. [1994 c 211 § 1209.] 25.15.440 25.15.445 [Title 25 RCW—page 58] 25.15.460 25.15.465 (2008 Ed.) Limited Liability Companies 25.15.470 Dissenter’s estimate of fair value—Notice. (1) A dissenting member may notify the limited liability company in writing of the dissenter’s own estimate of the fair value of the dissenter’s interest in the limited liability company, and amount of interest due, and demand payment of the dissenter’s estimate, less any payment under RCW 25.15.460, if: (a) The dissenter believes that the amount paid is less than the fair value of the dissenter’s interest in the limited liability company, or that the interest due is incorrectly calculated; (b) The limited liability company fails to make payment within sixty days after the date set for demanding payment; or (c) The limited liability company, having failed to effectuate the proposed merger, does not release the transfer restrictions imposed on members’ interests as permitted by RCW 25.15.455 within sixty days after the date set for demanding payment. (2) A dissenter waives the right to demand payment under this section unless the dissenter notifies the limited liability company of the dissenter’s demand in writing under subsection (1) of this section within thirty days after the limited liability company made payment for the dissenter’s interest in the limited liability company. [1994 c 211 § 1210.] 25.15.470 25.15.475 Unsettled demand for payment—Proceeding—Parties—Appraisers. (1) If a demand for payment under RCW 25.15.450 remains unsettled, the limited liability company shall commence a proceeding within sixty days after receiving the payment demand and petition the court to determine the fair value of the dissenting member’s interest in the limited liability company, and accrued interest. If the limited liability company does not commence the proceeding within the sixty-day period, it shall pay each dissenter whose demand remains unsettled the amount demanded. (2) The limited liability company shall commence the proceeding in the superior court. If the limited liability company is a domestic limited liability company, it shall commence the proceeding in the county where its registered office is maintained. (3) The limited liability company shall make all dissenters (whether or not residents of this state) whose demands remain unsettled parties to the proceeding as in an action against their membership interests in the limited liability company and all parties must be served with a copy of the petition. Nonresidents may be served by registered or certified mail or by publication as provided by law. (4) The limited liability company may join as a party to the proceeding any member who claims to be a dissenter but who has not, in the opinion of the limited liability company, complied with the provisions of this article. If the court determines that such member has not complied with the provisions of this article, the member shall be dismissed as a party. (5) The jurisdiction of the court in which the proceeding is commenced is plenary and exclusive. The court may appoint one or more persons as appraisers to receive evidence and recommend decisions on the question of fair value. The appraisers have the powers described in the order appointing them or in any amendment to it. The dissenters are entitled to the same discovery rights as parties in other civil proceedings. 25.15.475 (2008 Ed.) 25.15.805 (6) Each dissenter made a party to the proceeding is entitled to judgment for the amount, if any, by which the court finds the fair value of the dissenter’s membership interest in the limited liability company, plus interest, exceeds the amount paid by the limited liability company. [1994 c 211 § 1211.] 25.15.480 Unsettled demand for payment—Costs— Fees and expenses of counsel. (1) The court in a proceeding commenced under RCW 25.15.475 shall determine all costs of the proceeding, including the reasonable compensation and expenses of appraisers appointed by the court. The court shall assess the costs against the limited liability company, except that the court may assess the costs against all or some of the dissenters, in amounts the court finds equitable, to the extent the court finds the dissenters acted arbitrarily, vexatiously, or not in good faith in demanding payment. (2) The court may also assess the fees and expenses of counsel and experts for the respective parties, in amounts the court finds equitable: (a) Against the limited liability company and in favor of any or all dissenters if the court finds the limited liability company did not substantially comply with the requirements of this article; or (b) Against either the limited liability company or a dissenter, in favor of any other party, if the court finds that the party against whom the fees and expenses are assessed acted arbitrarily, vexatiously, or not in good faith with respect to the rights provided by this article. (3) If the court finds that the services of counsel for any dissenter were of substantial benefit to other dissenters similarly situated, and that the fees for those services should not be assessed against the limited liability company, the court may award to these counsel reasonable fees to be paid out of the amounts awarded to the dissenters who were benefited. [1994 c 211 § 1212.] 25.15.480 ARTICLE XIII. MISCELLANEOUS 25.15.800 Construction and application of chapter and limited liability company agreement. (1) The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this chapter. (2) It is the policy of this chapter to give the maximum effect to the principle of freedom of contract and to the enforceability of limited liability company agreements. (3) Unless the context otherwise requires, as used in this chapter, the singular shall include the plural and the plural may refer to only the singular. The captions contained herein are for purposes of convenience only and shall not control or affect the construction of this chapter and do not constitute part of the law. [1994 c 211 § 1301.] 25.15.800 25.15.805 Establishment of filing fees and miscellaneous charges. (1) The secretary of state shall adopt rules establishing fees which shall be charged and collected for: (a) Filing of a certificate of formation for a domestic limited liability company or an application for registration of a foreign limited liability company; 25.15.805 [Title 25 RCW—page 59] 25.15.810 Title 25 RCW: Partnerships (b) Filing of a certificate of cancellation for a domestic or foreign limited liability company; (c) Filing of a certificate of amendment or restatement for a domestic or foreign limited liability company; (d) Filing an application to reserve, register, or transfer a limited liability company name; (e) Filing any other certificate, statement, or report authorized or permitted to be filed; (f) Copies, certified copies, certificates, service of process filings, and expedited filings or other special services. (2) In the establishment of a fee schedule, the secretary of state shall, insofar as is possible and reasonable, be guided by the fee schedule provided for corporations governed by Title 23B RCW. Fees for copies, certified copies, certificates of record, and service of process filings shall be as provided for in RCW 23B.01.220. (3) All fees collected by the secretary of state shall be deposited with the state treasurer pursuant to law. [1994 c 211 § 1302.] 25.15.810 Authority to adopt rules. The secretary of state shall adopt such rules as are necessary to implement the transfer of duties and records required by this chapter. [1994 c 211 § 1303.] 25.15.810 25.15.900 Effective date—1994 c 211. This act shall take effect October 1, 1994. [1994 c 211 § 1312.] 25.15.900 25.15.901 Short title. This chapter may be cited as the "Washington Limited Liability Company Act." [1994 c 211 § 1313.] 25.15.901 25.15.902 Severability—1994 c 211. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1994 c 211 § 1314.] 25.15.902 [Title 25 RCW—page 60] (2008 Ed.) Title 26 Chapters 26.04 26.09 26.10 26.12 26.16 26.18 26.19 26.20 26.21A 26.23 26.25 26.26 26.27 26.28 26.30 26.33 26.34 26.40 26.44 26.50 26.52 26.60 Title 26 DOMESTIC RELATIONS Marriage. Dissolution proceedings—Legal separation. Nonparental actions for child custody. Family court. Rights and liabilities—Community property. Child support enforcement. Child support schedule. Family abandonment or nonsupport. Uniform interstate family support act. State support registry. Cooperative child support services—Indian tribes. Uniform parentage act. Uniform child custody jurisdiction act. Age of majority. Uniform minor student capacity to borrow act. Adoption. Interstate compact on placement of children. Handicapped children. Abuse of children. Domestic violence prevention. Foreign protection order full faith and credit act. State registered domestic partnerships. Action against parent for willful injury to property by minor child: RCW 4.24.190. Action by parent for sale or transfer of controlled substance to minor: RCW 69.50.414. Child welfare services: Chapter 74.13 RCW. Children, expectant mothers and adults with developmental disabilities, care and placement agencies: Chapter 74.15 RCW. Children’s center for research and training in mental retardation: RCW 28B.20.410 through 28B.20.414. Community property, descent and distribution, devise: RCW 11.02.070, 11.04.015. Contempts: Chapter 7.21 RCW. Council for children and families: Chapter 43.121 RCW. Displaced homemaker act: Chapter 28B.04 RCW. Enforcement of judgments: Title 6 RCW. Evidence—Who are disqualified—Privileged communications: RCW 5.60.060. Homesteads: Chapter 6.13 RCW. Joint tenancies: Chapter 64.28 RCW. Jurisdiction over Indians as to domestic relations and adoption: Chapter 37.12 RCW. Personal exemptions: Chapter 6.15 RCW. Probate and trust law: Title 11 RCW. Sex crimes: Chapter 9A.44 RCW. Sexually transmitted disease treatment and care for minors, consent, liability: RCW 70.24.110. Shoplifting by minors, liability of parents, guardians: RCW 4.24.230. Solicitation of minor for immoral purposes: RCW 71.06.010. Special proceedings and actions: Title 7 RCW. rights of action: Chapter 4.24 RCW. (2008 Ed.) Survival of actions: Chapter 4.20 RCW. Transfers to minors act: Chapter 11.114 RCW. Trial—Implied bias defined: RCW 4.44.180. Wages due on death of employee—Payment to survivor under community property agreement: RCW 49.48.120. Youth development and conservation corps: Chapter 79A.05 RCW. Chapter 26.04 Chapter 26.04 RCW MARRIAGE Sections 26.04.010 26.04.020 26.04.050 26.04.060 26.04.070 26.04.080 26.04.090 26.04.100 26.04.105 26.04.110 26.04.120 26.04.130 26.04.140 26.04.150 26.04.160 26.04.165 26.04.170 26.04.175 26.04.180 26.04.190 26.04.200 26.04.210 26.04.220 26.04.240 26.04.250 Marriage contract—Void marriages. Prohibited marriages. Who may solemnize. Marriage before unauthorized cleric—Effect. Form of solemnization. Marriage certificate—Contents. Certificate for files of county auditor and state registrar of vital statistics—Forms. Filing and recording—County auditor. Preservation of copies of applications and licenses—County auditor. Penalty for failure to deliver certificates. Marriage according to religious ritual. Voidable marriages. Marriage license. Application for license—May be secured by mail—Execution and acknowledgment. Application for license—Contents—Oath. Additional marriage certificate form. Inspection of applications. When disclosure of marriage applications and records prohibited. License—Time limitations as to issuance and use—Notification. Refusal of license—Appeal. Penalty for violations—1939 c 204. Affidavits required for issuance of license—Penalties. Retention of license by person solemnizing—Auditor’s record. Penalty for unlawful solemnization—Code 1881. Penalty for unlawful solemnization—1909 c 249. Certificates for out-of-state marriage license requirements: RCW 70.58.380. Interschool athletic and other extracurricular activities for students, discrimination because of marital status prohibited: RCW 28A.600.200. Statute of frauds—Contracts, etc., void unless in writing: RCW 19.36.010. Veterans and veterans’ affairs—Free documents related to marriage, divorce, and domestic partnerships: RCW 73.04.120. 26.04.010 Marriage contract—Void marriages. (1) Marriage is a civil contract between a male and a female who have each attained the age of eighteen years, and who are otherwise capable. (2) Every marriage entered into in which either the husband or the wife has not attained the age of seventeen years is void except where this section has been waived by a superior court judge of the county in which one of the parties resides on a showing of necessity. [1998 c 1 § 3; 1973 1st ex.s. c 154 § 26; 1970 ex.s. c 17 § 2; 1963 c 230 § 1; Code 1881 § 2380; 1866 p 81 § 1; 1854 p 404 §§ 1, 5; RRS § 8437.] 26.04.010 [Title 26 RCW—page 1] 26.04.020 Title 26 RCW: Domestic Relations Finding—1998 c 1: "(1) In P.L. 104-199; 110 Stat. 219 [2419], the Defense of Marriage Act, Congress granted authority to the individual states to either grant or deny recognition of same-sex marriages recognized as valid in another state. The Defense of Marriage Act defines marriage for purposes of federal law as a legal union between one man and one woman as husband and wife and provides that a state shall not be required to give effect to any public act or judicial proceeding of any other state respecting marriage between persons of the same sex if the state has determined that it will not recognize same-sex marriages. (2) The legislature and the people of the state of Washington find that matters pertaining to marriage are matters reserved to the sovereign states and, therefore, such matters should be determined by the people within each individual state and not by the people or courts of a different state." [1998 c 1 § 1.] Intent—1998 c 1: "(1) It is a compelling interest of the state of Washington to reaffirm its historical commitment to the institution of marriage as a union between a man and a woman as husband and wife and to protect that institution. (2) The court in Singer v. Hara, 11 Wn. App. 247 (1974) held that the Washington state marriage statute does not allow marriage between persons of the same sex. It is the intent of the legislature by this act to codify the Singer opinion and to fully exercise the authority granted the individual states by Congress in P.L. 104-199; 110 Stat. 219 [2419], the Defense of Marriage Act, to establish public policy against same-sex marriage in statutory law that clearly and definitively declares same-sex marriages will not be recognized in Washington, even if they are made legal in other states." [1998 c 1 § 2.] Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030. 26.04.020 Prohibited marriages. (1) Marriages in the following cases are prohibited: (a) When either party thereto has a wife or husband living at the time of such marriage; (b) When the husband and wife are nearer of kin to each other than second cousins, whether of the whole or half blood computing by the rules of the civil law; or (c) When the parties are persons other than a male and a female. (2) It is unlawful for any man to marry his father’s sister, mother’s sister, daughter, sister, son’s daughter, daughter’s daughter, brother’s daughter or sister’s daughter; it is unlawful for any woman to marry her father’s brother, mother’s brother, son, brother, son’s son, daughter’s son, brother’s son or sister’s son. (3) A marriage between two persons that is recognized as valid in another jurisdiction is valid in this state only if the marriage is not prohibited or made unlawful under subsection (1)(a), (1)(c), or (2) of this section. [1998 c 1 § 4; 1927 c 189 § 1; Code 1881 § 949; 1866 p 81 § 2; 1854 p 96 § 115; RRS § 8438.] 1; 1890 p 98 § 1; 1883 p 43 § 1; Code 1881 § 2382; 1866 p 82 § 4; 1854 p 404 § 4; RRS § 8441.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 26.04.060 Marriage before unauthorized cleric— Effect. A marriage solemnized before any person professing to be a minister or a priest of any religious denomination in this state or professing to be an authorized officer thereof, is not void, nor shall the validity thereof be in any way affected on account of any want of power or authority in such person, if such marriage be consummated with a belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage. [1975-’76 2nd ex.s. c 42 § 25; Code 1881 § 2388; 1866 p 83 §§ 10 and 11; 1854 p 405 § 6; RRS § 8442. Formerly RCW 26.04.060 and 26.24.200.] 26.04.060 26.04.070 Form of solemnization. In the solemnization of marriage no particular form is required, except that the parties thereto shall assent or declare in the presence of the minister, priest, or judicial officer solemnizing the same, and in the presence of at least two attending witnesses, that they take each other to be husband and wife. [Code 1881 § 2383; 1866 p 82 § 5; RRS § 8443.] 26.04.070 26.04.020 Finding—Intent—1998 c 1: See notes following RCW 26.04.010. Bigamy: RCW 9A.64.010. Incest—Penalties: RCW 9A.64.020. 26.04.050 Who may solemnize. The following named officers and persons, active or retired, are hereby authorized to solemnize marriages, to wit: Justices of the supreme court, judges of the court of appeals, judges of the superior courts, supreme court commissioners, court of appeals commissioners, superior court commissioners, any regularly licensed or ordained minister or any priest of any church or religious denomination, and judges of courts of limited jurisdiction as defined in RCW 3.02.010. [2007 c 29 § 1; 1987 c 291 § 1; 1984 c 258 § 95; 1983 c 186 § 1; 1971 c 81 § 69; 1913 c 35 § 26.04.050 [Title 26 RCW—page 2] 26.04.080 Marriage certificate—Contents. The person solemnizing a marriage shall give to each of the parties thereto, if required, a certificate thereof, specifying therein the names and residence of the parties, and of at least two witnesses present, the time and place of such marriage, and the date of the license thereof, and by whom issued. [Code 1881 § 2384; 1866 p 82 § 6; RRS § 8444.] 26.04.080 26.04.090 Certificate for files of county auditor and state registrar of vital statistics—Forms. A person solemnizing a marriage shall, within thirty days thereafter, make and deliver to the county auditor of the county wherein the license was issued a certificate for the files of the county auditor, and a certificate for the files of the state registrar of vital statistics. The certificate for the files of the county auditor shall be substantially as follows: 26.04.090 STATE OF WASHINGTON COUNTY OF . . . . . . . . . . . . . .      This is to certify that the undersigned, a . . . . . ., by authority of a license bearing date the . . . . day of . . . . . . A.D., 19. . ., and issued by the County auditor of the county of . . . . . ., did, on the . . . . day of . . . . . . A.D., 19. . ., at . . . . . . in this county and state, join in lawful wedlock A.B. of the county of . . . . . ., state of . . . . . . and C.D. of the county of . . . . . ., state of . . . . . ., with their mutual assent, in the presence of F H and E G, witnesses. In Testimony Whereof, witness the signatures of the parties to said ceremony, the witnesses and myself, this . . . . day of . . . . . ., A.D., 19. . . The certificate for the files of the state registrar of vital statistics shall be in accordance with *RCW 70.58.200. The certificate forms for the files of the county auditor and for the (2008 Ed.) Marriage files of the state registrar of vital statistics shall be provided by the state registrar of vital statistics. [1967 c 26 § 4; 1947 c 59 § 1; 1927 c 172 § 1; Code 1881 § 2385; 1866 p 82 § 7; 1854 p 405 § 7; RRS § 8445.] *Reviser’s note: RCW 70.58.200 was repealed by 1991 c 96 § 6. Effective date—1967 c 26: See note following RCW 43.70.150. 26.04.100 26.04.100 Filing and recording—County auditor. The county auditor shall file said certificates and record them or bind them into numbered volumes, and note on the original index to the license issued the volume and page wherein such certificate is recorded or bound. He shall enter the date of filing and his name on the certificates for the files of the state registrar of vital statistics, and transmit, by the tenth day of each month, all such certificates filed with him during the preceding month. [1967 c 26 § 5; 1947 c 59 § 2; 1886 p 66 § 1; Code 1881 § 2386; 1867 p 105 § 2; 1866 p 82 § 8; Rem. Supp. 1947 § 8446.] Effective date—1967 c 26: See note following RCW 43.70.150. 26.04.105 26.04.105 Preservation of copies of applications and licenses—County auditor. The county auditor may preserve copies of marriage license applications submitted and marriage licenses issued under this chapter in the same manner as authorized for the recording of instruments under RCW 65.04.040. [1985 c 44 § 1.] 26.04.110 26.04.110 Penalty for failure to deliver certificates. Any person solemnizing a marriage, who shall wilfully refuse or neglect to make and deliver to the county auditor for record, the certificates mentioned in RCW 26.04.090, within the time in such section specified, shall be deemed guilty of a misdemeanor, and upon conviction shall pay for such refusal, or neglect, a fine of not less than twenty-five nor more than three hundred dollars. [1967 c 26 § 6; 1947 c 59 § 3; 1886 p 66 § 2; Code 1881 § 2387; 1866 p 83 § 9; Rem. Supp. 1947 § 8447.] Effective date—1967 c 26: See note following RCW 43.70.150. 26.04.120 26.04.120 Marriage according to religious ritual. All marriages to which there are no legal impediments, solemnized before or in any religious organization or congregation, according to the established ritual or form commonly practiced therein, are valid, and a certificate containing the particulars specified in RCW 26.04.080 and 26.04.090, shall be made and filed for record by the person or persons presiding or officiating in or recording the proceedings of such religious organization or congregation, in the manner and with like effect as in ordinary cases. [Code 1881 § 2389; RRS § 8448.] 26.04.170 26.04.140 26.04.140 Marriage license. Before any persons can be joined in marriage, they shall procure a license from a county auditor, as provided in RCW 26.04.150 through 26.04.190. [1985 c 82 § 1; 1939 c 204 § 2; RRS § 8450-1. Prior: Code 1881 § 2390; 1866 p 83 § 12.] 26.04.150 26.04.150 Application for license—May be secured by mail—Execution and acknowledgment. Any person may secure by mail from the county auditor of the county in the state of Washington where he intends to be married, an application, and execute and acknowledge said application before a notary public. [1963 c 230 § 2; 1939 c 204 § 3; RRS § 8450-2.] 26.04.160 26.04.160 Application for license—Contents—Oath. (1) Application for a marriage license must be made and filed with the appropriate county auditor upon blanks to be provided by the county auditor for that purpose, which application shall be under the oath of each of the applicants, and each application shall state the name, address at the time of execution of application, age, social security number, birthplace, whether single, widowed or divorced, and whether under control of a guardian, residence during the past six months: PROVIDED, That each county may require such other and further information on said application as it shall deem necessary. (2) The county legislative authority may impose an additional fee up to fifteen dollars on a marriage license for the purpose of funding family services such as family support centers. [1997 c 58 § 909; 1993 c 451 § 1; 1985 c 82 § 2; 1967 c 26 § 7; 1939 c 204 § 4; RRS § 8450-3.] Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective date—1967 c 26: See note following RCW 43.70.150. 26.04.165 26.04.165 Additional marriage certificate form. In addition to the application provided for in RCW 26.04.160, the county auditor for the county wherein the license is issued shall submit to each applicant at the time for application for a license the Washington state department of health marriage certificate form prescribed by *RCW 70.58.200 to be completed by the applicants and returned to the county auditor for the files of the state registrar of vital statistics. After the execution of the application for, and the issuance of a license, no county shall require the persons authorized to solemnize marriages to obtain any further information from the persons to be married except the names and county of residence of the persons to be married. [1989 1st ex.s. c 9 § 203; 1979 c 141 § 34; 1969 ex.s. c 279 § 1.] *Reviser’s note: RCW 70.58.200 was repealed by 1991 c 96 § 6. 26.04.130 26.04.130 Voidable marriages. When either party to a marriage shall be incapable of consenting thereto, for want of legal age or a sufficient understanding, or when the consent of either party shall be obtained by force or fraud, such marriage is voidable, but only at the suit of the party laboring under the disability, or upon whom the force or fraud is imposed. [Code 1881 § 2381; 1866 p 81 § 3; RRS § 8449.] (2008 Ed.) Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. 26.04.170 26.04.170 Inspection of applications. Any such application shall be open to public inspection as a part of the records of the office of such county auditor. [1985 c 82 § 3; 1939 c 204 § 5; RRS § 8450-4.] [Title 26 RCW—page 3] 26.04.175 Title 26 RCW: Domestic Relations 26.04.175 When disclosure of marriage applications and records prohibited. If a program participant under chapter 40.24 RCW notifies the appropriate county auditor as required under rules adopted by the secretary of state, the county auditor shall not make available for inspection or copying the name and address of a program participant contained in marriage applications and records filed under chapter 26.04 RCW, except under the following circumstances: (1) If requested by a law enforcement agency, to the law enforcement agency; and (2) If directed by a court order, to a person identified in the order. [1991 c 23 § 12.] 26.04.175 26.04.180 License—Time limitations as to issuance and use—Notification. The county auditor may issue the marriage license at the time of application, but shall issue such license no later than the third full day following the date of the application. A marriage license issued pursuant to the provisions of this chapter may not be used until three days after the date of application and shall become void if the marriage is not solemnized within sixty days of the date of the issuance of the license, and the county auditor shall notify the applicant in writing of this requirement at the time of issuance of the license. [1985 c 82 § 4; 1979 ex.s. c 128 § 1; 1963 c 230 § 3; 1953 c 107 § 1. Prior: 1943 c 250 § 1; 1939 c 204 § 6; Rem. Supp. 1943 § 8450-5.] 26.04.180 is required, the license may be granted in cases where the female has attained the age of seventeen years or the male has attained the age of seventeen years. Such affidavit may be subscribed and sworn to before any person authorized to administer oaths. (2) Anyone knowingly swearing falsely to any of the statements contained in the affidavits mentioned in this section is guilty of perjury under chapter 9A.72 RCW. (3) The affidavit form shall be designed to require a statement that no contagious sexually transmitted disease is present or that the condition is known to both applicants, without requiring the applicants to state whether or not either or both of them are afflicted by such disease. (4) Any person knowingly violating this section is guilty of a class C felony and shall be punished by a fine of not more than one thousand dollars, or by imprisonment in a state correctional facility for a period of not more than three years, or by both such fine and imprisonment. [2003 c 53 § 166; 1995 c 301 § 78; 1985 c 82 § 5; 1979 ex.s. c 128 § 2; 1973 1st ex.s. c 154 § 29; 1970 ex.s. c 17 § 5; 1963 c 230 § 4; 1959 c 149 § 3; 1909 ex.s. c 16 § 3; 1909 c 174 § 3; Code 1881 §§ 2391, 2392; 1867 p 104 § 1; 1866 p 83 §§ 13, 14; RRS § 8451.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030. 26.04.220 Retention of license by person solemnizing—Auditor’s record. The person solemnizing the marriage is authorized to retain in his possession the license, but the county auditor who issues the same, before delivering it, shall enter in his marriage record a memorandum of the names of the parties, the consent of the parents or guardian, if any, and the name of the affiant and the substance of the affidavit upon which said license issued, and the date of such license. [Code 1881 § 2393; 1866 p 84 § 15; RRS § 8453.] 26.04.220 26.04.190 Refusal of license—Appeal. Any county auditor is hereby authorized to refuse to issue a license to marry if, in his discretion, the applications executed by the parties or information coming to his knowledge as a result of the execution of said applications, justifies said refusal: PROVIDED, HOWEVER, The denied parties may appeal to the superior court of said county for an order to show cause, directed to said county auditor to appear before said court to show why said court should not grant an order to issue a license to said denied parties and, after due hearing, or if the auditor fails to appear, said court may in its discretion, issue an order to said auditor directing him to issue said license; any hearings held by a superior court under RCW 26.04.140 through 26.04.200 may, in the discretion of said court, be held in chambers. [1939 c 204 § 7; RRS § 8450-6.] 26.04.190 26.04.200 Penalty for violations—1939 c 204. Any person intentionally violating any provision of RCW 26.04.140 through 26.04.190 shall be guilty of a misdemeanor. [1939 c 204 § 8; RRS § 8450-7.] 26.04.200 Punishment of misdemeanor when not fixed by statute: RCW 9.92.030. 26.04.210 Affidavits required for issuance of license—Penalties. (1) The county auditor, before a marriage license is issued, upon the payment of a license fee as fixed in RCW 36.18.010 shall require each applicant therefor to make and file in the auditor’s office upon blanks to be provided by the county for that purpose, an affidavit showing that if an applicant is afflicted with any contagious sexually transmitted disease, the condition is known to both applicants, and that the applicants are the age of eighteen years or over. If the consent in writing is obtained of the father, mother, or legal guardian of the person for whom the license 26.04.210 [Title 26 RCW—page 4] 26.04.240 Penalty for unlawful solemnization—Code 1881. Any person who shall undertake to join others in marriage knowing that he is not lawfully authorized so to do, or any person authorized to solemnize marriage, who shall join persons in marriage contrary to the provisions of *this chapter, shall, upon conviction thereof, be punished by a fine of not more than five hundred, nor less than one hundred dollars. [Code 1881 § 2395; 1866 p 84 § 17; RRS § 8454. FORMER PART OF SECTION: 1909 c 249 § 419; RRS § 2671 now codified as RCW 26.04.250.] 26.04.240 *Reviser’s note: "This chapter" (chapter 182, Code 1881) is codified as RCW 26.04.010, 26.04.050 through 26.04.140, and 26.04.220 through 26.04.240. Code 1881 §§ 2391 and 2392, being part of chapter 182, Code 1881, appear to be superseded by 1909 ex.s. c 16 § 3 (RCW 26.04.210) which is subject to the penalties of RCW 26.04.230. 26.04.250 Penalty for unlawful solemnization—1909 c 249. Every person who shall solemnize a marriage when either party thereto is known to him to be under the age of legal consent or a marriage to which, within his knowledge, any legal impediment exists, shall be guilty of a gross misdemeanor. [1979 ex.s. c 128 § 3; 1909 c 249 § 419; RRS § 2671. Formerly RCW 26.04.240, part.] 26.04.250 Punishment of gross misdemeanor when not fixed by statute: RCW 9.92.020. (2008 Ed.) Dissolution Proceedings—Legal Separation Chapter 26.09 Chapter 26.09 RCW DISSOLUTION PROCEEDINGS— LEGAL SEPARATION Sections 26.09.002 26.09.003 26.09.004 26.09.006 26.09.010 26.09.013 26.09.015 26.09.016 26.09.020 26.09.030 26.09.040 26.09.050 26.09.060 26.09.070 26.09.080 26.09.090 26.09.100 26.09.105 26.09.110 26.09.120 26.09.135 26.09.138 26.09.140 26.09.150 26.09.160 26.09.165 26.09.170 26.09.173 26.09.175 26.09.181 26.09.182 26.09.184 26.09.187 26.09.191 26.09.194 26.09.197 26.09.210 26.09.220 26.09.225 26.09.231 26.09.240 26.09.255 26.09.260 (2008 Ed.) 26.09.270 26.09.280 26.09.285 Policy. Policy—Intent—Findings. Definitions. Mandatory use of approved forms. Civil practice to govern—Designation of proceedings— Decrees. Interpretive services—Literacy assistance—Guardian ad litem charges—Telephone or interactive videoconference participation—Residential time in cases involving domestic violence or child abuse—Supervised visitation and safe exchange centers. Mediation proceedings. Mediation in cases involving domestic violence or child abuse. Petition—Dissolution of marriage or domestic partnership, legal separation, or for a declaration concerning validity of marriage or domestic partnership—Contents—Parties— Certificate. Petition for dissolution of marriage or domestic partnership— Court proceedings, findings—Transfer to family court— Legal separation in lieu of dissolution. Petition to have marriage or domestic partnership declared invalid or judicial determination of validity—Procedure— Findings—Grounds—Legitimacy of children. Decrees—Contents—Restraining orders—Enforcement— Notice of termination or modification of restraining order. Temporary maintenance or child support—Temporary restraining order—Preliminary injunction—Domestic violence or antiharassment protection order—Notice of termination or modification of restraining order—Support debts, notice. Separation contracts. Disposition of property and liabilities—Factors. Maintenance orders for either spouse or either domestic partner—Factors. Child support—Apportionment of expense—Periodic adjustments or modifications. Child support—Health insurance coverage—Conditions. Minor or dependent child—Court appointed attorney to represent—Payment of costs, fees, and disbursements. Support or maintenance payments—To whom paid. Order or decree for child support—Compliance with RCW 26.23.050. Mandatory assignment of public retirement benefits—Remedies exclusive. Payment of costs, attorney’s fees, etc. Decree of dissolution of marriage or domestic partnership, legal separation, or declaration of invalidity—Finality— Appeal—Conversion of decree of legal separation to decree of dissolution—Name of party. Failure to comply with decree or temporary injunction—Obligation to make support or maintenance payments or permit contact with children not suspended—Penalties. Court orders—Required language. Modification of decree for maintenance or support, property disposition—Termination of maintenance obligation and child support—Grounds. Modification of child support order—Child support order summary report. Modification of order of child support. Procedure for determining permanent parenting plan. Permanent parenting plan—Determination of relevant information. Permanent parenting plan. Criteria for establishing permanent parenting plan. Restrictions in temporary or permanent parenting plans. Proposed temporary parenting plan—Temporary order— Amendment—Vacation of order. Issuance of temporary parenting plan—Criteria. Parenting plans—Interview with child by court—Advice of professional personnel. Parenting arrangements—Investigation and report—Appointment of guardian ad litem. Access to child’s education and health care records. Residential time summary report. Visitation rights—Person other than parent—Grandparents’ visitation rights. Remedies when a child is taken, enticed, or concealed. Modification of parenting plan or custody decree. 26.09.290 26.09.300 26.09.310 26.09.002 Child custody—Temporary custody order, temporary parenting plan, or modification of custody decree—Affidavits required. Parenting plan or child support modification or enforcement— Venue. Designation of custody for the purpose of other state and federal statutes. Final decree of dissolution nunc pro tunc. Restraining orders—Notice—Refusal to comply—Arrest— Penalty—Defense—Peace officers, immunity. Provision of health care to minor—Immunity of health care provider. NOTICE REQUIREMENTS AND STANDARDS FOR PARENTAL RELOCATION 26.09.405 26.09.410 26.09.420 26.09.430 26.09.440 26.09.450 26.09.460 26.09.470 26.09.480 26.09.490 26.09.500 26.09.510 26.09.520 26.09.530 26.09.540 26.09.550 26.09.560 26.09.900 26.09.901 26.09.902 26.09.907 26.09.909 26.09.910 26.09.911 26.09.912 26.09.913 26.09.914 Applicability. Definitions. Grant of authority. Notice requirement. Notice—Contents and delivery. Notice—Relocation within the same school district. Limitation of notices. Failure to give notice. Objection to relocation or proposed revised residential schedule. Required provision in residential orders. Failure to object. Temporary orders. Basis for determination. Factor not to be considered. Objections by nonparents. Sanctions. Priority for hearing. Construction—Pending divorce actions. Conversion of pending action to dissolution proceeding. RCW 26.09.900 and 26.09.901 deemed in effect on July 16, 1973. Construction—Pending actions as of January 1, 1988. Decrees entered into prior to January 1, 1988. Short title—1987 c 460. Section captions—1987 c 460. Effective date—1987 c 460. Severability—1987 c 460. Severability—1989 c 375. Child support enforcement: Chapter 26.18 RCW. Child support registry: Chapter 26.23 RCW. Domestic violence prevention: Chapter 26.50 RCW. Living in marital relationship within state submits person to state jurisdiction as to proceedings under this chapter: RCW 4.28.185. Missing children clearinghouse and hot line: Chapter 13.60 RCW. Nonparental actions for child custody: Chapter 26.10 RCW. Process—Domestic relations actions: Rules of court: CR 4.1. Uniform child custody jurisdiction act: Chapter 26.27 RCW. 26.09.002 Policy. Parents have the responsibility to make decisions and perform other parental functions necessary for the care and growth of their minor children. In any proceeding between parents under this chapter, the best interests of the child shall be the standard by which the court determines and allocates the parties’ parental responsibilities. The state recognizes the fundamental importance of the parent-child relationship to the welfare of the child, and that the relationship between the child and each parent should be fostered unless inconsistent with the child’s best interests. Residential time and financial support are equally important components of parenting arrangements. The best interests of the child are served by a parenting arrangement that best maintains a child’s emotional growth, health and stability, and physical care. Further, the best interest of the child is ordinarily served when the existing pattern of interaction between a parent and child is altered only to the extent necessitated by the changed relationship of the parents or as 26.09.002 [Title 26 RCW—page 5] 26.09.003 Title 26 RCW: Domestic Relations required to protect the child from physical, mental, or emotional harm. [2007 c 496 § 101; 1987 c 460 § 2.] (f) Providing for the financial support of the child. [2008 c 6 § 1003; 1987 c 460 § 3.] Part headings not law—2007 c 496: "Part headings used in this act are not any part of the law." [2007 c 496 § 801.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 26.09.003 Policy—Intent—Findings. The legislature reaffirms the intent of the current law as expressed in RCW 26.09.002. However, after review, the legislature finds that there are certain components of the existing law which do not support the original legislative intent. In order to better implement the existing legislative intent the legislature finds that incentives for parties to reduce family conflict and additional alternative dispute resolution options can assist in reducing the number of contested trials. Furthermore, the legislature finds that the identification of domestic violence as defined in RCW 26.50.010 and the treatment needs of the parties to dissolutions are necessary to improve outcomes for children. When judicial officers have the discretion to tailor individualized resolutions, the legislative intent expressed in RCW 26.09.002 can more readily be achieved. Judicial officers should have the discretion and flexibility to assess each case based on the merits of the individual cases before them. [2007 c 496 § 102.] 26.09.006 Mandatory use of approved forms. (1) Effective January 1, 1992, a party shall not file any pleading with the clerk of the court in an action commenced under this chapter unless on forms approved by the administrator for the courts. (2) The parties shall comply with requirements for submission to the court of forms as provided in RCW 26.18.220. [1992 c 229 § 1; 1990 1st ex.s. c 2 § 26.] 26.09.003 Part headings not law—2007 c 496: See note following RCW 26.09.002. 26.09.004 Definitions. The definitions in this section apply throughout this chapter. (1) "Temporary parenting plan" means a plan for parenting of the child pending final resolution of any action for dissolution of marriage or domestic partnership, declaration of invalidity, or legal separation which is incorporated in a temporary order. (2) "Permanent parenting plan" means a plan for parenting the child, including allocation of parenting functions, which plan is incorporated in any final decree or decree of modification in an action for dissolution of marriage or domestic partnership, declaration of invalidity, or legal separation. (3) "Parenting functions" means those aspects of the parent-child relationship in which the parent makes decisions and performs functions necessary for the care and growth of the child. Parenting functions include: (a) Maintaining a loving, stable, consistent, and nurturing relationship with the child; (b) Attending to the daily needs of the child, such as feeding, clothing, physical care and grooming, supervision, health care, and day care, and engaging in other activities which are appropriate to the developmental level of the child and that are within the social and economic circumstances of the particular family; (c) Attending to adequate education for the child, including remedial or other education essential to the best interests of the child; (d) Assisting the child in developing and maintaining appropriate interpersonal relationships; (e) Exercising appropriate judgment regarding the child’s welfare, consistent with the child’s developmental level and the family’s social and economic circumstances; and 26.09.004 [Title 26 RCW—page 6] 26.09.006 Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100. 26.09.010 Civil practice to govern—Designation of proceedings—Decrees. (1) Except as otherwise specifically provided herein, the practice in civil action shall govern all proceedings under this chapter, except that trial by jury is dispensed with. (2) A proceeding for dissolution of marriage or domestic partnership, legal separation or a declaration concerning the validity of a marriage or domestic partnership shall be entitled "In re the marriage of . . . . . . and . . . . . ." or "In re the domestic partnership of . . . . . . and . . . . . ." Such proceedings may be filed in the superior court of the county where the petitioner resides. (3) In cases where there has been no prior proceeding in this state involving the marital or domestic partnership status of the parties or support obligations for a minor child, a separate parenting and support proceeding between the parents shall be entitled "In re the parenting and support of . . . . . ." (4) The initial pleading in all proceedings under this chapter shall be denominated a petition. A responsive pleading shall be denominated a response. Other pleadings, and all pleadings in other matters under this chapter shall be denominated as provided in the civil rules for superior court. (5) In this chapter, "decree" includes "judgment". (6) A decree of dissolution, of legal separation, or a declaration concerning the validity of a marriage or domestic partnership shall not be awarded to one of the parties, but shall provide that it affects the status previously existing between the parties in the manner decreed. [2008 c 6 § 1004; 1989 c 375 § 1; 1987 c 460 § 1; 1975 c 32 § 1; 1973 1st ex.s. c 157 § 1.] 26.09.010 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 26.09.013 Interpretive services—Literacy assistance—Guardian ad litem charges—Telephone or interactive videoconference participation—Residential time in cases involving domestic violence or child abuse—Supervised visitation and safe exchange centers. In order to provide judicial officers with better information and to facilitate decision making which allows for the protection of children from physical, mental, or emotional harm and in order to facilitate consistent healthy contact between both parents and their children: (1) Parties and witnesses who require the assistance of interpreters shall be provided access to qualified interpreters 26.09.013 (2008 Ed.) Dissolution Proceedings—Legal Separation pursuant to chapter 2.42 or 2.43 RCW. To the extent practicable and within available resources, interpreters shall also be made available at dissolution-related proceedings. (2) Parties and witnesses who require literacy assistance shall be referred to the multipurpose service centers established in chapter 28B.04 RCW. (3) In matters involving guardian ad litems, the court shall specify the hourly rate the guardian ad litem may charge for his or her services, and shall specify the maximum amount the guardian ad litem may charge without additional review. Counties may, and to the extent state funding is provided therefor counties shall, provide indigent parties with guardian ad litem services at a reduced or waived fee. (4) Parties may request to participate by telephone or interactive videoconference. The court may allow telephonic or interactive videoconference participation of one or more parties at any proceeding in its discretion. The court may also allow telephonic or interactive videoconference participation of witnesses. (5) In cases involving domestic violence or child abuse, if residential time is ordered, the court may: (a) Order exchange of a child to occur in a protected setting; (b) Order residential time supervised by a neutral and independent adult and pursuant to an adequate plan for supervision of such residential time. The court shall not approve of a supervisor for contact between the child and the parent unless the supervisor is willing to and capable of protecting the child from harm. The court shall revoke court approval of the supervisor if the court determines, after a hearing, that the supervisor has failed to protect the child or is no longer willing or capable of protecting the child. If the court allows a family or household member to supervise residential time, the court shall establish conditions to be followed during residential time. (6) In cases in which the court finds that the parties do not have a satisfactory history of cooperation or there is a high level of parental conflict, the court may order the parties to use supervised visitation and safe exchange centers or alternative safe locations to facilitate the exercise of residential time. [2007 c 496 § 401.] Part headings not law—2007 c 496: See note following RCW 26.09.002. 26.09.015 Mediation proceedings. (Effective until January 1, 2009.) (1) In any proceeding under this chapter, the matter may be set for mediation of the contested issues before or concurrent with the setting of the matter for hearing. The purpose of the mediation proceeding shall be to reduce acrimony which may exist between the parties and to develop an agreement assuring the child’s close and continuing contact with both parents after the marriage or the domestic partnership is dissolved. The mediator shall use his or her best efforts to effect a settlement of the dispute. (2) Each superior court may make available a mediator. The mediator may be a member of the professional staff of a family court or mental health services agency, or may be any other person or agency designated by the court. In order to provide mediation services, the court is not required to institute a family court. 26.09.015 (2008 Ed.) 26.09.015 (3)(a) Mediation proceedings under this chapter shall be governed in all respects by chapter 7.07 RCW, except as follows: (i) Mediation communications in postdecree mediations mandated by a parenting plan are admissible in subsequent proceedings for the limited purpose of proving: (A) Abuse, neglect, abandonment, exploitation, or unlawful harassment as defined in RCW 9A.46.020(1), of a child; (B) Abuse or unlawful harassment as defined in RCW 9A.46.020(1), of a family or household member as defined in RCW 26.50.010(2); or (C) That a parent used or frustrated the dispute resolution process without good reason for purposes of RCW 26.09.184(4)(d). (ii) If a postdecree mediation-arbitration proceeding is required pursuant to a parenting plan and the same person acts as both mediator and arbitrator, mediation communications in the mediation phase of such a proceeding may be admitted during the arbitration phase, and shall be admissible in the judicial review of such a proceeding under RCW 26.09.184(4)(e) to the extent necessary for such review to be effective. (b) None of the exceptions under (a)(i) and (ii) of this subsection shall subject a mediator to compulsory process to testify except by court order for good cause shown, taking into consideration the need for the mediator’s testimony and the interest in the mediator maintaining an appearance of impartiality. If a mediation communication is not privileged under (a)(i) of this subsection or that portion of (a)(ii) of this subsection pertaining to judicial review, only the portion of the communication necessary for the application of the exception may be admitted, and such admission of evidence shall not render any other mediation communication discoverable or admissible except as may be provided in chapter 7.07 RCW. (4) The mediator shall assess the needs and interests of the child or children involved in the controversy and may interview the child or children if the mediator deems such interview appropriate or necessary. (5) Any agreement reached by the parties as a result of mediation shall be reported to the court and to counsel for the parties by the mediator on the day set for mediation or any time thereafter designated by the court. [2008 c 6 § 1043; 2007 c 496 § 602; 2005 c 172 § 17; 1991 c 367 § 2; 1989 c 375 § 2; 1986 c 95 § 4.] Expiration date—2008 c 6 § 1043: "Section 1043 of this act expires January 1, 2009." [2008 c 6 § 1304.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Part headings not law—2007 c 496: See note following RCW 26.09.002. Short title—Captions not law—Severability—Effective date—2005 c 172: See RCW 7.07.900 through 7.07.902 and 7.07.904. Severability—1991 c 367: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1991 c 367 § 54.] Effective date—1991 c 367: "This act shall take effect September 1, 1991." [1991 c 367 § 55.] Captions not law—1991 c 367: "Captions as used in this act do not constitute any part of the law." [1991 c 367 § 57.] [Title 26 RCW—page 7] 26.09.015 Title 26 RCW: Domestic Relations Mediation testimony competency: RCW 5.60.070 and 5.60.072. 26.09.015 Mediation proceedings. (Effective January 1, 2009.) (1) In any proceeding under this chapter, the matter may be set for mediation of the contested issues before or concurrent with the setting of the matter for hearing. The purpose of the mediation proceeding shall be to reduce acrimony which may exist between the parties and to develop an agreement assuring the child’s close and continuing contact with both parents after the marriage or the domestic partnership is dissolved. The mediator shall use his or her best efforts to effect a settlement of the dispute. (2)(a) Each superior court may make available a mediator. The court shall use the most cost-effective mediation services that are readily available unless there is good cause to access alternative providers. The mediator may be a member of the professional staff of a family court or mental health services agency, or may be any other person or agency designated by the court. In order to provide mediation services, the court is not required to institute a family court. (b) In any proceeding involving issues relating to residential time or other matters governed by a parenting plan, the matter may be set for mediation of the contested issues before or concurrent with the setting of the matter for hearing. Counties may, and to the extent state funding is provided therefor counties shall, provide both predecree and postdecree mediation at reduced or waived fee to the parties within one year of the filing of the dissolution petition. (3)(a) Mediation proceedings under this chapter shall be governed in all respects by chapter 7.07 RCW, except as follows: (i) Mediation communications in postdecree mediations mandated by a parenting plan are admissible in subsequent proceedings for the limited purpose of proving: (A) Abuse, neglect, abandonment, exploitation, or unlawful harassment as defined in RCW 9A.46.020(1), of a child; (B) Abuse or unlawful harassment as defined in RCW 9A.46.020(1), of a family or household member as defined in RCW 26.50.010(2); or (C) That a parent used or frustrated the dispute resolution process without good reason for purposes of RCW 26.09.184(4)(d). (ii) If a postdecree mediation-arbitration proceeding is required pursuant to a parenting plan and the same person acts as both mediator and arbitrator, mediation communications in the mediation phase of such a proceeding may be admitted during the arbitration phase, and shall be admissible in the judicial review of such a proceeding under RCW 26.09.184(4)(e) to the extent necessary for such review to be effective. (b) None of the exceptions under (a)(i) and (ii) of this subsection shall subject a mediator to compulsory process to testify except by court order for good cause shown, taking into consideration the need for the mediator’s testimony and the interest in the mediator maintaining an appearance of impartiality. If a mediation communication is not privileged under (a)(i) of this subsection or that portion of (a)(ii) of this subsection pertaining to judicial review, only the portion of the communication necessary for the application of the exception may be admitted, and such admission of evidence 26.09.015 [Title 26 RCW—page 8] shall not render any other mediation communication discoverable or admissible except as may be provided in chapter 7.07 RCW. (4) The mediator shall assess the needs and interests of the child or children involved in the controversy and may interview the child or children if the mediator deems such interview appropriate or necessary. (5) Any agreement reached by the parties as a result of mediation shall be reported to the court and to counsel for the parties by the mediator on the day set for mediation or any time thereafter designated by the court. [2008 c 6 § 1044. Prior: 2007 c 496 § 602; 2007 c 496 § 501; 2005 c 172 § 17; 1991 c 367 § 2; 1989 c 375 § 2; 1986 c 95 § 4.] Effective date—2008 c 6 § 1044: "Section 1044 of this act takes effect January 1, 2009." [2008 c 6 § 1305.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Effective dates—2007 c 496 §§ 201, 202, 204, and 501: See note following RCW 26.12.260. Part headings not law—2007 c 496: See note following RCW 26.09.002. Short title—Captions not law—Severability—Effective date—2005 c 172: See RCW 7.07.900 through 7.07.902 and 7.07.904. Severability—1991 c 367: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1991 c 367 § 54.] Effective date—1991 c 367: "This act shall take effect September 1, 1991." [1991 c 367 § 55.] Captions not law—1991 c 367: "Captions as used in this act do not constitute any part of the law." [1991 c 367 § 57.] Mediation testimony competency: RCW 5.60.070 and 5.60.072. 26.09.016 Mediation in cases involving domestic violence or child abuse. Mediation is generally inappropriate in cases involving domestic violence and child abuse. In order to effectively identify cases where issues of domestic violence and child abuse are present and reduce conflict in dissolution matters: (1) Where appropriate parties shall be provided access to trained domestic violence advocates; and (2) in cases where a victim requests mediation the court may make exceptions and permit mediation, so long as the court makes a finding that mediation is appropriate under the circumstances and the victim is permitted to have a supporting person present during the mediation proceedings. [2007 c 496 § 301.] 26.09.016 Part headings not law—2007 c 496: See note following RCW 26.09.002. 26.09.020 Petition—Dissolution of marriage or domestic partnership, legal separation, or for a declaration concerning validity of marriage or domestic partnership—Contents—Parties—Certificate. (1) A petition in a proceeding for dissolution of marriage or domestic partnership, legal separation, or for a declaration concerning the validity of a marriage or domestic partnership shall allege: (a) The last known state of residence of each party, and if a party’s last known state of residence is Washington, the last known county of residence; (b) The date and place of the marriage or, for domestic partnerships, the date of registration, and place of residence when the domestic partnership was registered; 26.09.020 (2008 Ed.) Dissolution Proceedings—Legal Separation (c) If the parties are separated the date on which the separation occurred; (d) The names and ages of any child dependent upon either or both spouses or either or both domestic partners and whether the wife or domestic partner is pregnant; (e) Any arrangements as to the residential schedule of, decision making for, dispute resolution for, and support of the children and the maintenance of a spouse or domestic partner; (f) A statement specifying whether there is community or separate property owned by the parties to be disposed of; (g) If the county has established a program under RCW 26.12.260, a statement affirming that the moving party met and conferred with the program prior to filing the petition; (h) The relief sought. (2) Either or both parties to the marriage or to the domestic partnership may initiate the proceeding. (3) The petitioner shall complete and file with the petition a certificate under RCW 43.70.150 on the form provided by the department of health and the confidential information form under RCW 26.23.050. (4) Nothing in this section shall be construed to limit or prohibit the ability of parties to obtain appropriate emergency orders. [2008 c 6 § 1005; 2007 c 496 § 203; 2001 c 42 § 1; 1997 c 58 § 945. Prior: 1989 1st ex.s. c 9 § 204; 1989 c 375 § 3; 1983 1st ex.s. c 45 § 2; 1973 2nd ex.s. c 23 § 1; 1973 1st ex.s. c 157 § 2.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Part headings not law—2007 c 496: See note following RCW 26.09.002. Effective date—2001 c 42: "This act takes effect October 1, 2001." [2001 c 42 § 7.] Severability—2001 c 42: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2001 c 42 § 8.] Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. 26.09.040 (b) If the other party alleges that the petitioner was induced to file the petition by fraud, or coercion, the court shall make a finding as to that allegation and, if it so finds shall dismiss the petition. (c) If the other party denies that the marriage or domestic partnership is irretrievably broken the court shall consider all relevant factors, including the circumstances that gave rise to the filing of the petition and the prospects for reconciliation and shall: (i) Make a finding that the marriage or domestic partnership is irretrievably broken and enter a decree of dissolution of the marriage or domestic partnership; or (ii) At the request of either party or on its own motion, transfer the cause to the family court, refer them to another counseling service of their choice, and request a report back from the counseling service within sixty days, or continue the matter for not more than sixty days for hearing. If the cause is returned from the family court or at the adjourned hearing, the court shall: (A) Find that the parties have agreed to reconciliation and dismiss the petition; or (B) Find that the parties have not been reconciled, and that either party continues to allege that the marriage or domestic partnership is irretrievably broken. When such facts are found, the court shall enter a decree of dissolution of the marriage or domestic partnership. (d) If the petitioner requests the court to decree legal separation in lieu of dissolution, the court shall enter the decree in that form unless the other party objects and petitions for a decree of dissolution or declaration of invalidity. (e) In considering a petition for dissolution of marriage or domestic partnership, a court shall not use a party’s pregnancy as the sole basis for denying or delaying the entry of a decree of dissolution of marriage or domestic partnership. Granting a decree of dissolution of marriage or domestic partnership when a party is pregnant does not affect further proceedings under the uniform parentage act, chapter 26.26 RCW. [2008 c 6 § 1006; 2005 c 55 § 1; 1996 c 23 § 1; 1973 1st ex.s. c 157 § 3.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 26.09.040 Petition to have marriage or domestic partnership declared invalid or judicial determination of validity—Procedure—Findings—Grounds—Legitimacy of children. (1) While both parties to an alleged marriage or domestic partnership are living, and at least one party is resident in this state or a member of the armed service and stationed in the state, a petition to have the marriage or domestic partnership declared invalid may be sought by: (a) Either or both parties, or the guardian of an incompetent spouse or incompetent domestic partner, for any cause specified in subsection (4) of this section; or (b) Either or both parties, the legal spouse or domestic partner, or a child of either party when it is alleged that either or both parties is married to or in a domestic partnership with another person. (2) If the validity of a marriage or domestic partnership is denied or questioned at any time, either or both parties to the marriage or either or both parties to the domestic partner26.09.040 26.09.030 Petition for dissolution of marriage or domestic partnership—Court proceedings, findings— Transfer to family court—Legal separation in lieu of dissolution. When a party who (1) is a resident of this state, or (2) is a member of the armed forces and is stationed in this state, or (3) is married or in a domestic partnership to a party who is a resident of this state or who is a member of the armed forces and is stationed in this state, petitions for a dissolution of marriage or dissolution of domestic partnership, and alleges that the marriage or domestic partnership is irretrievably broken and when ninety days have elapsed since the petition was filed and from the date when service of summons was made upon the respondent or the first publication of summons was made, the court shall proceed as follows: (a) If the other party joins in the petition or does not deny that the marriage or domestic partnership is irretrievably broken, the court shall enter a decree of dissolution. 26.09.030 (2008 Ed.) [Title 26 RCW—page 9] 26.09.050 Title 26 RCW: Domestic Relations ship may petition the court for a judicial determination of the validity of such marriage or domestic partnership. (3) In a proceeding to declare the invalidity of a marriage or domestic partnership, the court shall proceed in the manner and shall have the jurisdiction, including the authority to provide for maintenance, a parenting plan for minor children, and division of the property of the parties, provided by this chapter. (4) After hearing the evidence concerning the validity of a marriage or domestic partnership, if both parties to the alleged marriage or domestic partnership are still living, the court: (a) If it finds the marriage or domestic partnership to be valid, shall enter a decree of validity; (b) If it finds that: (i) The marriage or domestic partnership should not have been contracted because of age of one or both of the parties, lack of required parental or court approval, a prior undissolved marriage of one or both of the parties, a prior domestic partnership of one or both parties that has not been terminated or dissolved, reasons of consanguinity, or because a party lacked capacity to consent to the marriage or domestic partnership, either because of mental incapacity or because of the influence of alcohol or other incapacitating substances, or because a party was induced to enter into the marriage or domestic partnership by force or duress, or by fraud involving the essentials of marriage or domestic partnership, and that the parties have not ratified their marriage or domestic partnership by voluntarily cohabiting after attaining the age of consent, or after attaining capacity to consent, or after cessation of the force or duress or discovery of the fraud, shall declare the marriage or domestic partnership invalid as of the date it was purportedly contracted; (ii) The marriage or domestic partnership should not have been contracted because of any reason other than those above, shall upon motion of a party, order any action which may be appropriate to complete or to correct the record and enter a decree declaring such marriage or domestic partnership to be valid for all purposes from the date upon which it was purportedly contracted; (c) If it finds that a marriage or domestic partnership contracted in a jurisdiction other than this state, was void or voidable under the law of the place where the marriage or domestic partnership was contracted, and in the absence of proof that such marriage or domestic partnership was subsequently validated by the laws of the place of contract or of a subsequent domicile of the parties, shall declare the marriage or domestic partnership invalid as of the date of the marriage or domestic partnership. (5) Any child of the parties born or conceived during the existence of a marriage or domestic partnership of record is legitimate and remains legitimate notwithstanding the entry of a declaration of invalidity of the marriage or domestic partnership. [2008 c 6 § 1007; 1987 c 460 § 4; 1975 c 32 § 2; 1973 1st ex.s. c 157 § 4.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. marriage or domestic partnership, legal separation, or declaration of invalidity, the court shall determine the marital or domestic partnership status of the parties, make provision for a parenting plan for any minor child of the marriage or domestic partnership, make provision for the support of any child of the marriage or domestic partnership entitled to support, consider or approve provision for the maintenance of either spouse or either domestic partner, make provision for the disposition of property and liabilities of the parties, make provision for the allocation of the children as federal tax exemptions, make provision for any necessary continuing restraining orders including the provisions contained in RCW 9.41.800, make provision for the issuance within this action of the restraint provisions of a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW, and make provision for the change of name of any party. (2) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST. (3) The court shall order that any restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section, in addition to the law enforcement information sheet or proof of service of the order, be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state. (4) If a restraining order issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system. [2008 c 6 § 1008; 2000 c 119 § 6; 1995 c 93 § 2; 1994 sp.s. c 7 § 451; 1989 c 375 § 29; 1987 c 460 § 5; 1973 1st ex.s. c 157 § 5.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Application—2000 c 119: See note following RCW 26.50.021. Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540. Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439460: See note following RCW 9.41.010. 26.09.060 Temporary maintenance or child support—Temporary restraining order—Preliminary injunction—Domestic violence or antiharassment protection order—Notice of termination or modification of 26.09.060 26.09.050 Decrees—Contents—Restraining orders— Enforcement—Notice of termination or modification of restraining order. (1) In entering a decree of dissolution of 26.09.050 [Title 26 RCW—page 10] (2008 Ed.) Dissolution Proceedings—Legal Separation restraining order—Support debts, notice. (1) In a proceeding for: (a) Dissolution of marriage or domestic partnership, legal separation, or a declaration of invalidity; or (b) Disposition of property or liabilities, maintenance, or support following dissolution of the marriage or the domestic partnership by a court which lacked personal jurisdiction over the absent spouse or absent domestic partner; either party may move for temporary maintenance or for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested. (2) As a part of a motion for temporary maintenance or support or by independent motion accompanied by affidavit, either party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from: (a) Transferring, removing, encumbering, concealing, or in any way disposing of any property except in the usual course of business or for the necessities of life, and, if so restrained or enjoined, requiring him or her to notify the moving party of any proposed extraordinary expenditures made after the order is issued; (b) Molesting or disturbing the peace of the other party or of any child; (c) Going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child upon a showing of the necessity therefor; (d) Knowingly coming within, or knowingly remaining within, a specified distance from a specified location; and (e) Removing a child from the jurisdiction of the court. (3) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW on a temporary basis. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080. Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time. (4) In issuing the order, the court shall consider the provisions of RCW 9.41.800. (5) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed. (6) The court may issue a temporary restraining order or preliminary injunction and an order for temporary maintenance or support in such amounts and on such terms as are just and proper in the circumstances. The court may in its discretion waive the filing of the bond or the posting of security. (7) Restraining orders issued under this section restraining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of (2008 Ed.) 26.09.060 any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST. (8) The court shall order that any temporary restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the computerbased criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state. (9) If a restraining order issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system. (10) A temporary order, temporary restraining order, or preliminary injunction: (a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding; (b) May be revoked or modified; (c) Terminates when the final decree is entered, except as provided under subsection (11) of this section, or when the petition for dissolution, legal separation, or declaration of invalidity is dismissed; (d) May be entered in a proceeding for the modification of an existing decree. (11) Delinquent support payments accrued under an order for temporary support remain collectible and are not extinguished when a final decree is entered unless the decree contains specific language to the contrary. A support debt under a temporary order owed to the state for public assistance expenditures shall not be extinguished by the final decree if: (a) The obligor was given notice of the state’s interest under chapter 74.20A RCW; or (b) The temporary order directs the obligor to make support payments to the office of support enforcement or the Washington state support registry. [2008 c 6 § 1009; 2000 c 119 § 7; 1995 c 246 § 26; 1994 sp.s. c 7 § 452; 1992 c 229 § 9; 1989 c 360 § 37; 1984 c 263 § 26; 1983 1st ex.s. c 41 § 1; 1983 c 232 § 10; 1975 c 32 § 3; 1973 1st ex.s. c 157 § 6.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Application—2000 c 119: See note following RCW 26.50.021. Severability—1995 c 246: See note following RCW 26.50.010. Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540. [Title 26 RCW—page 11] 26.09.070 Title 26 RCW: Domestic Relations Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439460: See note following RCW 9.41.010. Effective date—Severability—1984 c 263: See RCW 26.50.901 and 26.50.902. Severability—1983 1st ex.s. c 41: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1983 1st ex.s. c 41 § 46.] Severability—1983 c 232: See note following RCW 9.41.010. Arrest without warrant in domestic violence cases: RCW 10.31.100(2). Child abuse, temporary restraining order: RCW 26.44.063. Ex parte temporary order for protection: RCW 26.50.070. Orders for protection in cases of domestic violence: RCW 26.50.030. Orders prohibiting contact: RCW 10.99.040. 26.09.070 Separation contracts. (1) The parties to a marriage or a domestic partnership, in order to promote the amicable settlement of disputes attendant upon their separation or upon the filing of a petition for dissolution of their marriage or domestic partnership, a decree of legal separation, or declaration of invalidity of their marriage or domestic partnership, may enter into a written separation contract providing for the maintenance of either of them, the disposition of any property owned by both or either of them, the parenting plan and support for their children and for the release of each other from all obligation except that expressed in the contract. (2) If the parties to such contract elect to live separate and apart without any court decree, they may record such contract and cause notice thereof to be published in a legal newspaper of the county wherein the parties resided prior to their separation. Recording such contract and publishing notice of the making thereof shall constitute notice to all persons of such separation and of the facts contained in the recorded document. (3) If either or both of the parties to a separation contract shall at the time of the execution thereof, or at a subsequent time, petition the court for dissolution of their marriage or domestic partnership, for a decree of legal separation, or for a declaration of invalidity of their marriage or domestic partnership, the contract, except for those terms providing for a parenting plan for their children, shall be binding upon the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties on their own motion or on request of the court, that the separation contract was unfair at the time of its execution. Child support may be included in the separation contract and shall be reviewed in the subsequent proceeding for compliance with RCW 26.19.020. (4) If the court in an action for dissolution of marriage or domestic partnership, legal separation, or declaration of invalidity finds that the separation contract was unfair at the time of its execution, it may make orders for the maintenance of either party, the disposition of their property and the discharge of their obligations. (5) Unless the separation contract provides to the contrary, the agreement shall be set forth in the decree of dissolution, legal separation, or declaration of invalidity, or filed in the action or made an exhibit and incorporated by reference, except that in all cases the terms of the parenting plan shall be 26.09.070 [Title 26 RCW—page 12] set out in the decree, and the parties shall be ordered to comply with its terms. (6) Terms of the contract set forth or incorporated by reference in the decree may be enforced by all remedies available for the enforcement of a judgment, including contempt, and are enforceable as contract terms. (7) When the separation contract so provides, the decree may expressly preclude or limit modification of any provision for maintenance set forth in the decree. Terms of a separation contract pertaining to a parenting plan for the children and, in the absence of express provision to the contrary, terms providing for maintenance set forth or incorporated by reference in the decree are automatically modified by modification of the decree. (8) If at any time the parties to the separation contract by mutual agreement elect to terminate the separation contract they may do so without formality unless the contract was recorded as in subsection (2) of this section, in which case a statement should be filed terminating the contract. [2008 c 6 § 1010; 1989 c 375 § 4; 1987 c 460 § 6; 1973 1st ex.s. c 157 § 7.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 26.09.080 Disposition of property and liabilities— Factors. In a proceeding for dissolution of the marriage or domestic partnership, legal separation, declaration of invalidity, or in a proceeding for disposition of property following dissolution of the marriage or the domestic partnership by a court which lacked personal jurisdiction over the absent spouse or absent domestic partner or lacked jurisdiction to dispose of the property, the court shall, without regard to misconduct, make such disposition of the property and the liabilities of the parties, either community or separate, as shall appear just and equitable after considering all relevant factors including, but not limited to: (1) The nature and extent of the community property; (2) The nature and extent of the separate property; (3) The duration of the marriage or domestic partnership; and (4) The economic circumstances of each spouse or domestic partner at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to a spouse or domestic partner with whom the children reside the majority of the time. [2008 c 6 § 1011; 1989 c 375 § 5; 1973 1st ex.s. c 157 § 8.] 26.09.080 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 26.09.090 Maintenance orders for either spouse or either domestic partner—Factors. (1) In a proceeding for dissolution of marriage or domestic partnership, legal separation, declaration of invalidity, or in a proceeding for maintenance following dissolution of the marriage or domestic partnership by a court which lacked personal jurisdiction over the absent spouse or absent domestic partner, the court may grant a maintenance order for either spouse or either domestic partner. The maintenance order shall be in such amounts and for such periods of time as the court deems just, without regard 26.09.090 (2008 Ed.) Dissolution Proceedings—Legal Separation to misconduct, after considering all relevant factors including but not limited to: (a) The financial resources of the party seeking maintenance, including separate or community property apportioned to him or her, and his or her ability to meet his or her needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party; (b) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find employment appropriate to his or her skill, interests, style of life, and other attendant circumstances; (c) The standard of living established during the marriage or domestic partnership; (d) The duration of the marriage or domestic partnership; (e) The age, physical and emotional condition, and financial obligations of the spouse or domestic partner seeking maintenance; and (f) The ability of the spouse or domestic partner from whom maintenance is sought to meet his or her needs and financial obligations while meeting those of the spouse or domestic partner seeking maintenance. [2008 c 6 § 1012; 1989 c 375 § 6; 1973 1st ex.s. c 157 § 9.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 26.09.100 Child support—Apportionment of expense—Periodic adjustments or modifications. (1) In a proceeding for dissolution of marriage or domestic partnership, legal separation, declaration of invalidity, maintenance, or child support, after considering all relevant factors but without regard to misconduct, the court shall order either or both parents owing a duty of support to any child of the marriage or the domestic partnership dependent upon either or both spouses or domestic partners to pay an amount determined under chapter 26.19 RCW. (2) The court may require automatic periodic adjustments or modifications of child support. That portion of any decree that requires periodic adjustments or modifications of child support shall use the provisions in chapter 26.19 RCW as the basis for the adjustment or modification. Provisions in the decree for periodic adjustment or modification shall not conflict with RCW 26.09.170 except that the decree may require periodic adjustments or modifications of support more frequently than the time periods established pursuant to RCW 26.09.170. (3) Upon motion of a party and without a substantial change of circumstances, the court shall modify the decree to comply with subsection (2) of this section as to installments accruing subsequent to entry of the court’s order on the motion for modification. (4) The adjustment or modification provision may be modified by the court due to economic hardship consistent with the provisions of RCW 26.09.170(5)(a). [2008 c 6 § 1013; 1991 sp.s. c 28 § 1; 1990 1st ex.s. c 2 § 1; 1989 c 375 § 7; 1988 c 275 § 9; 1987 c 430 § 3; 1973 1st ex.s. c 157 § 10.] 26.09.100 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Severability—1991 sp.s. c 28: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act (2008 Ed.) 26.09.105 or the application of the provision to other persons or circumstances is not affected." [1991 sp.s. c 28 § 9.] Effective date—1991 sp.s. c 28: "Sections 1 through 9 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect September 1, 1991." [1991 sp.s. c 28 § 10.] Captions not law—1991 sp.s. c 28: "Captions as used in this act do not constitute any part of the law." [1991 sp.s. c 28 § 11.] Effective dates—1990 1st ex.s. c 2: "(1) Sections 5 and 22 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 26, 1990]. (2) The remainder of this act shall take effect July 1, 1990." [1990 1st ex.s. c 2 § 30.] Severability—1990 1st ex.s. c 2: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1990 1st ex.s. c 2 § 31.] Effective dates—Severability—1988 c 275: See notes following RCW 26.19.001. Severability—1987 c 430: See note following RCW 26.09.170. 26.09.105 Child support—Health insurance coverage—Conditions. (1) In entering or modifying a support order under this chapter, the court shall require either or both parents to maintain or provide health insurance coverage except as provided in subsection (2) of this section, for any child named in the order if: (a) Coverage that can be extended to cover the child is or becomes available to that parent through employment or is union-related; and (b) The cost of such coverage does not exceed twentyfive percent of the obligated parent’s basic child support obligation. (2) The court shall consider the best interests of the child and have discretion to order health insurance coverage when entering or modifying a support order under this chapter if the cost of such coverage exceeds twenty-five percent of the obligated parent’s basic support obligation. (3) The parents shall maintain such coverage required under this section until: (a) Further order of the court; (b) The child is emancipated, if there is no express language to the contrary in the order; or (c) Health insurance is no longer available through the parents’ employer or union and no conversion privileges exist to continue coverage following termination of employment. (4) A parent who is required to extend health insurance coverage to a child under this section is liable for any covered health care costs for which the parent receives direct payment from an insurer. (5) This section shall not be construed to limit the authority of the court to enter or modify support orders containing provisions for payment of uninsured health expenses, health care costs, or insurance premiums which are in addition to and not inconsistent with this section. (6) A parent ordered to provide health insurance coverage shall provide proof of such coverage or proof that such coverage is unavailable within twenty days of the entry of the order to: (a) The physical custodian; or 26.09.105 [Title 26 RCW—page 13] 26.09.110 Title 26 RCW: Domestic Relations (b) The department of social and health services if the parent has been notified or ordered to make support payments to the Washington state support registry. (7) Every order requiring a parent to provide health care or insurance coverage shall be entered in compliance with *RCW 26.23.050 and be subject to direct enforcement as provided under chapter 26.18 RCW. (8) "Health insurance coverage" as used in this section does not include medical assistance provided under chapter 74.09 RCW. [1994 c 230 § 1; 1989 c 416 § 1; 1985 c 108 § 1; 1984 c 201 § 1.] *Reviser’s note: The reference to RCW 26.23.050 appears to refer to the amendments made by 1989 c 416 § 8, which was vetoed by the governor. 26.09.110 Minor or dependent child—Court appointed attorney to represent—Payment of costs, fees, and disbursements. The court may appoint an attorney to represent the interests of a minor or dependent child with respect to provision for the parenting plan in an action for dissolution of marriage or domestic partnership, legal separation, or declaration concerning the validity of a marriage or domestic partnership. The court shall enter an order for costs, fees, and disbursements in favor of the child’s attorney. The order shall be made against either or both parents, except that, if both parties are indigent, the costs, fees, and disbursements shall be borne by the county. [2008 c 6 § 1014; 1987 c 460 § 11; 1973 1st ex.s. c 157 § 11.] 26.09.110 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Process—Domestic relations actions: Rules of court: CR 4.1. 26.09.120 Support or maintenance payments—To whom paid. (1) The court shall order support payments, including maintenance if child support is ordered, to be made to the Washington state support registry, or the person entitled to receive the payments under an order approved by the court as provided in RCW 26.23.050. (2) Maintenance payments, when ordered in an action where there is no dependent child, may be ordered to be paid to the person entitled to receive the payments, or the clerk of the court as trustee for remittance to the persons entitled to receive the payments. (3) If support or maintenance payments are made to the clerk of court, the clerk: (a) Shall maintain records listing the amount of payments, the date when payments are required to be made, and the names and addresses of the parties affected by the order; (b) May by local court rule accept only certified funds or cash as payment; and (c) Shall accept only certified funds or cash for five years in all cases after one check has been returned for nonsufficient funds or account closure. (4) The parties affected by the order shall inform the registry through which the payments are ordered to be paid of any change of address or of other conditions that may affect the administration of the order. [2008 c 6 § 1015; 1994 c 230 § 2; 1989 c 360 § 11. Prior: 1987 c 435 § 15; 1987 c 363 § 5; 1983 1st ex.s. c 45 § 3; 1973 1st ex.s. c 157 § 12.] 26.09.120 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Effective date—1987 c 435: See RCW 26.23.900. [Title 26 RCW—page 14] 26.09.135 Order or decree for child support—Compliance with RCW 26.23.050. Every court order or decree establishing a child support obligation shall be entered in compliance with the provisions of RCW 26.23.050. [1987 c 435 § 16; 1986 c 138 § 1; 1984 c 260 § 21.] 26.09.135 Effective date—1987 c 435: See RCW 26.23.900. Severability—1984 c 260: See RCW 26.18.900. 26.09.138 Mandatory assignment of public retirement benefits—Remedies exclusive. (1) Any obligee of a court order or decree establishing a spousal maintenance obligation may seek a mandatory benefits assignment order under chapter 41.50 RCW if any spousal maintenance payment is more than fifteen days past due and the total of such past due payments is equal to or greater than one hundred dollars, or if the obligor requests a withdrawal of accumulated contributions from the department of retirement systems. (2) Any court order or decree establishing a spousal maintenance obligation may state that, if any spousal maintenance payment is more than fifteen days past due and the total of such past due payments is equal to or greater than one hundred dollars, or if the obligor requests a withdrawal of accumulated contributions from the department of retirement systems, the obligee may seek a mandatory benefits assignment order under chapter 41.50 RCW without prior notice to the obligor. Any such court order or decree may also, or in the alternative, contain a provision that would allow the department to make a direct payment of all or part of a withdrawal of accumulated contributions pursuant to RCW 41.50.550(3). Failure to include this provision does not affect the validity of the court order or decree establishing the spousal maintenance, nor does such failure affect the general applicability of RCW 41.50.500 through 41.50.650 to such obligations. (3) The remedies in RCW 41.50.530 through 41.50.630 are the exclusive provisions of law enforceable against the department of retirement systems in connection with any action for enforcement of a spousal maintenance obligation ordered pursuant to a divorce, dissolution, or legal separation, and no other remedy ordered by a court under this chapter shall be enforceable against the department of retirement systems for collection of spousal maintenance. (4)(a) Nothing in this section regarding mandatory assignment of benefits to enforce a spousal maintenance obligation shall abridge the right of an ex spouse to receive direct payment of retirement benefits payable pursuant to: (i) A court decree of dissolution or legal separation; or (ii) any court order or court-approved property settlement agreement; or (iii) incident to any court decree of dissolution or legal separation, if such dissolution orders fully comply with RCW 41.50.670 and 41.50.700, or as applicable, RCW 2.10.180, 2.12.090, *41.04.310, 41.04.320, 41.04.330, **41.26.180, 41.32.052, 41.40.052, or 43.43.310 as those statutes existed before July 1, 1987, and as those statutes exist on and after July 28, 1991. (b) Persons whose dissolution orders as defined in RCW 41.50.500(3) were entered between July 1, 1987, and July 28, 1991, shall be entitled to receive direct payments of retirement benefits to satisfy court-ordered property divisions if the dissolution orders filed with the department comply or are amended to comply with RCW 41.50.670 through 41.50.720 26.09.138 (2008 Ed.) Dissolution Proceedings—Legal Separation 26.09.160 and, as applicable, RCW 2.10.180, 2.12.090, **41.26.180, 41.32.052, 41.40.052, or 43.43.310. [1991 c 365 § 24; 1987 c 326 § 26.] Prior: 1989 1st ex.s. c 9 § 205; 1989 c 375 § 30; 1973 1st ex.s. c 157 § 15.] Reviser’s note: *(1) RCW 41.04.310, 41.04.320, and 41.04.330 were repealed by 1987 c 326 § 21, effective July 1, 1987. **(2) RCW 41.26.180 was recodified as RCW 41.26.053 pursuant to 1994 c 298 § 5. Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Severability—1991 c 365: See note following RCW 41.50.500. Effective date—1987 c 326: See RCW 41.50.901. 26.09.140 Payment of costs, attorney’s fees, etc. The court from time to time after considering the financial resources of both parties may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding under this chapter and for reasonable attorney’s fees or other professional fees in connection therewith, including sums for legal services rendered and costs incurred prior to the commencement of the proceeding or enforcement or modification proceedings after entry of judgment. Upon any appeal, the appellate court may, in its discretion, order a party to pay for the cost to the other party of maintaining the appeal and attorney’s fees in addition to statutory costs. The court may order that the attorney’s fees be paid directly to the attorney who may enforce the order in his name. [1973 1st ex.s. c 157 § 14.] *Reviser’s note: RCW 70.58.200 was repealed by 1991 c 96 § 6. Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920. Effect of entry of a decree of dissolution of marriage or a declaration of invalidity or certification of termination of a state registered domestic partnership on nonprobate assets: RCW 11.07.010. 26.09.140 26.09.150 Decree of dissolution of marriage or domestic partnership, legal separation, or declaration of invalidity—Finality—Appeal—Conversion of decree of legal separation to decree of dissolution—Name of party. (1) A decree of dissolution of marriage or domestic partnership, legal separation, or declaration of invalidity is final when entered, subject to the right of appeal. An appeal which does not challenge the finding that the marriage or domestic partnership is irretrievably broken or was invalid, does not delay the finality of the dissolution or declaration of invalidity and either party may remarry or enter into a domestic partnership pending such an appeal. (2)(a) No earlier than six months after entry of a decree of legal separation, on motion of either party, the court shall convert the decree of legal separation to a decree of dissolution of marriage or domestic partnership. The clerk of court shall complete the certificate as provided for in *RCW 70.58.200 on the form provided by the department of health. On or before the tenth day of each month, the clerk of the court shall forward to the state registrar of vital statistics the certificate of each decree of divorce, dissolution of marriage or domestic partnership, annulment, or separate maintenance granted during the preceding month. (b) Once a month, the state registrar of vital statistics shall prepare a list of persons for whom a certificate of dissolution of domestic partnership was transmitted to the registrar and was not included in a previous list, and shall supply the list to the secretary of state. (3) Upon request of a party whose marriage or domestic partnership is dissolved or declared invalid, the court shall order a former name restored or the court may, in its discretion, order a change to another name. [2008 c 6 § 1016. 26.09.150 (2008 Ed.) 26.09.160 Failure to comply with decree or temporary injunction—Obligation to make support or maintenance payments or permit contact with children not suspended—Penalties. (1) The performance of parental functions and the duty to provide child support are distinct responsibilities in the care of a child. If a party fails to comply with a provision of a decree or temporary order of injunction, the obligation of the other party to make payments for support or maintenance or to permit contact with children is not suspended. An attempt by a parent, in either the negotiation or the performance of a parenting plan, to condition one aspect of the parenting plan upon another, to condition payment of child support upon an aspect of the parenting plan, to refuse to pay ordered child support, to refuse to perform the duties provided in the parenting plan, or to hinder the performance by the other parent of duties provided in the parenting plan, shall be deemed bad faith and shall be punished by the court by holding the party in contempt of court and by awarding to the aggrieved party reasonable attorneys’ fees and costs incidental in bringing a motion for contempt of court. (2)(a) A motion may be filed to initiate a contempt action to coerce a parent to comply with an order establishing residential provisions for a child. If the court finds there is reasonable cause to believe the parent has not complied with the order, the court may issue an order to show cause why the relief requested should not be granted. (b) If, based on all the facts and circumstances, the court finds after hearing that the parent, in bad faith, has not complied with the order establishing residential provisions for the child, the court shall find the parent in contempt of court. Upon a finding of contempt, the court shall order: (i) The noncomplying parent to provide the moving party additional time with the child. The additional time shall be equal to the time missed with the child, due to the parent’s noncompliance; (ii) The parent to pay, to the moving party, all court costs and reasonable attorneys’ fees incurred as a result of the noncompliance, and any reasonable expenses incurred in locating or returning a child; and (iii) The parent to pay, to the moving party, a civil penalty, not less than the sum of one hundred dollars. The court may also order the parent to be imprisoned in the county jail, if the parent is presently able to comply with the provisions of the court-ordered parenting plan and is presently unwilling to comply. The parent may be imprisoned until he or she agrees to comply with the order, but in no event for more than one hundred eighty days. (3) On a second failure within three years to comply with a residential provision of a court-ordered parenting plan, a motion may be filed to initiate contempt of court proceedings 26.09.160 [Title 26 RCW—page 15] 26.09.165 Title 26 RCW: Domestic Relations according to the procedure set forth in subsection (2)(a) and (b) of this section. On a finding of contempt under this subsection, the court shall order: (a) The noncomplying parent to provide the other parent or party additional time with the child. The additional time shall be twice the amount of the time missed with the child, due to the parent’s noncompliance; (b) The noncomplying parent to pay, to the other parent or party, all court costs and reasonable attorneys’ fees incurred as a result of the noncompliance, and any reasonable expenses incurred in locating or returning a child; and (c) The noncomplying parent to pay, to the moving party, a civil penalty of not less than two hundred fifty dollars. The court may also order the parent to be imprisoned in the county jail, if the parent is presently able to comply with the provisions of the court-ordered parenting plan and is presently unwilling to comply. The parent may be imprisoned until he or she agrees to comply with the order but in no event for more than one hundred eighty days. (4) For purposes of subsections (1), (2), and (3) of this section, the parent shall be deemed to have the present ability to comply with the order establishing residential provisions unless he or she establishes otherwise by a preponderance of the evidence. The parent shall establish a reasonable excuse for failure to comply with the residential provision of a courtordered parenting plan by a preponderance of the evidence. (5) Any monetary award ordered under subsections (1), (2), and (3) of this section may be enforced, by the party to whom it is awarded, in the same manner as a civil judgment. (6) Subsections (1), (2), and (3) of this section authorize the exercise of the court’s power to impose remedial sanctions for contempt of court and is in addition to any other contempt power the court may possess. (7) Upon motion for contempt of court under subsections (1) through (3) of this section, if the court finds the motion was brought without reasonable basis, the court shall order the moving party to pay to the nonmoving party, all costs, reasonable attorneys’ fees, and a civil penalty of not less than one hundred dollars. [1991 c 367 § 4; 1989 c 318 § 1; 1987 c 460 § 12; 1973 1st ex.s. c 157 § 16.] Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015. Severability—1989 c 318: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1989 c 318 § 6.] 26.09.165 Court orders—Required language. All court orders containing parenting plan provisions or orders of contempt, entered pursuant to RCW 26.09.160, shall include the following language: 26.09.165 WARNING: VIOLATION OF THE RESIDENTIAL PROVISIONS OF THIS ORDER WITH ACTUAL KNOWLEDGE OF ITS TERMS IS PUNISHABLE BY CONTEMPT OF COURT, AND MAY BE A CRIMINAL OFFENSE UNDER RCW 9A.40.060(2) or 9A.40.070(2). VIOLATION OF THIS ORDER MAY SUBJECT A VIOLATOR TO ARREST. [Title 26 RCW—page 16] [1994 c 162 § 2; 1989 c 318 § 4.] Severability—1989 c 318: See note following RCW 26.09.160. 26.09.170 26.09.170 Modification of decree for maintenance or support, property disposition—Termination of maintenance obligation and child support—Grounds. (1) Except as otherwise provided in subsection (7) of RCW 26.09.070, the provisions of any decree respecting maintenance or support may be modified: (a) Only as to installments accruing subsequent to the petition for modification or motion for adjustment except motions to compel court-ordered adjustments, which shall be effective as of the first date specified in the decree for implementing the adjustment; and, (b) except as otherwise provided in subsections (5), (6), (9), and (10) of this section, only upon a showing of a substantial change of circumstances. The provisions as to property disposition may not be revoked or modified, unless the court finds the existence of conditions that justify the reopening of a judgment under the laws of this state. (2) Unless otherwise agreed in writing or expressly provided in the decree the obligation to pay future maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance or registration of a new domestic partnership of the party receiving maintenance. (3) Unless otherwise agreed in writing or expressly provided in the decree, provisions for the support of a child are terminated by emancipation of the child or by the death of the parent obligated to support the child. (4) Unless expressly provided by an order of the superior court or a court of comparable jurisdiction, the support provisions of the order are terminated upon the marriage or registration of a domestic partnership to each other of parties to a paternity order, or upon remarriage or registration of a domestic partnership to each other of parties to a decree of dissolution. The remaining provisions of the order, including provisions establishing paternity, remain in effect. (5) An order of child support may be modified one year or more after it has been entered without showing a substantial change of circumstances: (a) If the order in practice works a severe economic hardship on either party or the child; (b) If a party requests an adjustment in an order for child support which was based on guidelines which determined the amount of support according to the child’s age, and the child is no longer in the age category on which the current support amount was based; (c) If a child is still in high school, upon a finding that there is a need to extend support beyond the eighteenth birthday to complete high school; or (d) To add an automatic adjustment of support provision consistent with RCW 26.09.100. (6) An order or decree entered prior to June 7, 1984, may be modified without showing a substantial change of circumstances if the requested modification is to: (a) Require health insurance coverage for a child named therein; or (b) Modify an existing order for health insurance coverage. (2008 Ed.) Dissolution Proceedings—Legal Separation (7) An obligor’s voluntary unemployment or voluntary underemployment, by itself, is not a substantial change of circumstances. (8) The department of social and health services may file an action to modify an order of child support if public assistance money is being paid to or for the benefit of the child and the child support order is twenty-five percent or more below the appropriate child support amount set forth in the standard calculation as defined in RCW 26.19.011 and reasons for the deviation are not set forth in the findings of fact or order. The determination of twenty-five percent or more shall be based on the current income of the parties and the department shall not be required to show a substantial change of circumstances if the reasons for the deviations were not set forth in the findings of fact or order. (9)(a) All child support decrees may be adjusted once every twenty-four months based upon changes in the income of the parents without a showing of substantially changed circumstances. Either party may initiate the adjustment by filing a motion and child support worksheets. (b) A party may petition for modification in cases of substantially changed circumstances under subsection (1) of this section at any time. However, if relief is granted under subsection (1) of this section, twenty-four months must pass before a motion for an adjustment under (a) of this subsection may be filed. (c) If, pursuant to (a) of this subsection or subsection (10) of this section, the court adjusts or modifies a child support obligation by more than thirty percent and the change would cause significant hardship, the court may implement the change in two equal increments, one at the time of the entry of the order and the second six months from the entry of the order. Twenty-four months must pass following the second change before a motion for an adjustment under (a) of this subsection may be filed. (d) A parent who is receiving transfer payments who receives a wage or salary increase may not bring a modification action pursuant to subsection (1) of this section alleging that increase constitutes a substantial change of circumstances. (e) The department of social and health services may file an action at any time to modify an order of child support in cases of substantially changed circumstances if public assistance money is being paid to or for the benefit of the child. The determination of the existence of substantially changed circumstances by the department that lead to the filing of an action to modify the order of child support is not binding upon the court. (10) An order of child support may be adjusted twentyfour months from the date of the entry of the decree or the last adjustment or modification, whichever is later, based upon changes in the economic table or standards in chapter 26.19 RCW. [2008 c 6 § 1017; 2002 c 199 § 1; 1997 c 58 § 910; 1992 c 229 § 2; 1991 sp.s. c 28 § 2; 1990 1st ex.s. c 2 § 2; 1989 c 416 § 3; 1988 c 275 § 17; 1987 c 430 § 1; 1973 1st ex.s. c 157 § 17.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal (2008 Ed.) 26.09.175 requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Severability—Effective date—Captions not law—1991 sp.s. c 28: See notes following RCW 26.09.100. Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100. Effective dates—Severability—1988 c 275: See notes following RCW 26.19.001. Severability—1987 c 430: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1987 c 430 § 4.] 26.09.173 Modification of child support order— Child support order summary report. The party seeking the establishment or modification of a child support order shall file with the clerk of the court the child support order summary report. The summary report shall be on the form developed by the administrator for the courts pursuant to RCW 26.18.210. The party must complete the form and file the form with the court order. The clerk of the court must forward the form to the division of child support on at least a monthly basis. [2007 c 313 § 2; 1990 1st ex.s. c 2 § 23.] 26.09.173 Findings—2007 c 313: See note following RCW 26.19.025. Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100. 26.09.175 Modification of order of child support. (1) A proceeding for the modification of an order of child support shall commence with the filing of a petition and worksheets. The petition shall be in the form prescribed by the administrator for the courts. There shall be a fee of twenty dollars for the filing of a petition for modification of dissolution. (2) The petitioner shall serve upon the other party the summons, a copy of the petition, and the worksheets in the form prescribed by the administrator for the courts. If the modification proceeding is the first action filed in this state, service shall be made by personal service. If the decree to be modified was entered in this state, service shall be by personal service or by any form of mail requiring a return receipt. If the support obligation has been assigned to the state pursuant to RCW 74.20.330 or the state has a subrogated interest under RCW 74.20A.030, the summons, petition, and worksheets shall also be served on the attorney general; except that notice shall be given to the office of the prosecuting attorney for the county in which the action is filed in lieu of the office of the attorney general in those counties and in the types of cases as designated by the office of the attorney general by letter sent to the presiding superior court judge of that county. Proof of service shall be filed with the court. (3) The responding party’s answer and worksheets shall be served and the answer filed within twenty days after service of the petition or sixty days if served out of state. The responding party’s failure to file an answer within the time required shall result in entry of a default judgment for the petitioner. (4) At any time after responsive pleadings are filed, either party may schedule the matter for hearing. (5) Unless both parties stipulate to arbitration or the presiding judge authorizes oral testimony pursuant to subsection (6) of this section, a petition for modification of an order of 26.09.175 [Title 26 RCW—page 17] 26.09.181 Title 26 RCW: Domestic Relations child support shall be heard by the court on affidavits, the petition, answer, and worksheets only. (6) A party seeking authority to present oral testimony on the petition to modify a support order shall file an appropriate motion not later than ten days after the time of notice of hearing. Affidavits and exhibits setting forth the reasons oral testimony is necessary to a just adjudication of the issues shall accompany the petition. The affidavits and exhibits must demonstrate the extraordinary features of the case. Factors which may be considered include, but are not limited to: (a) Substantial questions of credibility on a major issue; (b) insufficient or inconsistent discovery materials not correctable by further discovery; or (c) particularly complex circumstances requiring expert testimony. [2002 c 199 § 2; 1992 c 229 § 3; 1991 c 367 § 6; 1990 1st ex.s. c 2 § 3; 1987 c 430 § 2.] Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015. Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100. Severability—1987 c 430: See note following RCW 26.09.170. 26.09.181 Procedure for determining permanent parenting plan. (1) SUBMISSION OF PROPOSED PLANS. (a) In any proceeding under this chapter, except a modification, each party shall file and serve a proposed permanent parenting plan on or before the earliest date of: (i) Thirty days after filing and service by either party of a notice for trial; or (ii) One hundred eighty days after commencement of the action which one hundred eighty day period may be extended by stipulation of the parties. (b) In proceedings for a modification of custody or a parenting plan, a proposed parenting plan shall be filed and served with the motion for modification and with the response to the motion for modification. (c) No proposed permanent parenting plan shall be required after filing of an agreed permanent parenting plan, after entry of a final decree, or after dismissal of the cause of action. (d) A party who files a proposed parenting plan in compliance with this section may move the court for an order of default adopting that party’s parenting plan if the other party has failed to file a proposed parenting plan as required in this section. (2) AMENDING PROPOSED PARENTING PLANS. Either party may file and serve an amended proposed permanent parenting plan according to the rules for amending pleadings. (3) GOOD FAITH PROPOSAL. The parent submitting a proposed parenting plan shall attach a verified statement that the plan is proposed by that parent in good faith. (4) AGREED PERMANENT PARENTING PLANS. The parents may make an agreed permanent parenting plan. (5) MANDATORY SETTLEMENT CONFERENCE. Where mandatory settlement conferences are provided under court rule, the parents shall attend a mandatory settlement conference. The mandatory settlement conference shall be presided over by a judge or a court commissioner, who shall apply the criteria in RCW 26.09.187 and 26.09.191. The parents shall in good faith review the proposed terms of the 26.09.181 [Title 26 RCW—page 18] parenting plans and any other issues relevant to the cause of action with the presiding judge or court commissioner. Facts and legal issues that are not then in dispute shall be entered as stipulations for purposes of final hearing or trial in the matter. (6) TRIAL SETTING. Trial dates for actions involving minor children brought under this chapter shall receive priority. (7) ENTRY OF FINAL ORDER. The final order or decree shall be entered not sooner than ninety days after filing and service. This subsection does not apply to decrees of legal separation. [1989 2nd ex.s. c 2 § 1; 1989 c 375 § 8; 1987 c 460 § 7.] 26.09.182 Permanent parenting plan—Determination of relevant information. Before entering a permanent parenting plan, the court shall determine the existence of any information and proceedings relevant to the placement of the child that are available in the judicial information system and databases. [2007 c 496 § 304.] 26.09.182 Part headings not law—2007 c 496: See note following RCW 26.09.002. 26.09.184 Permanent parenting plan. (1) OBJECTIVES. The objectives of the permanent parenting plan are to: (a) Provide for the child’s physical care; (b) Maintain the child’s emotional stability; (c) Provide for the child’s changing needs as the child grows and matures, in a way that minimizes the need for future modifications to the permanent parenting plan; (d) Set forth the authority and responsibilities of each parent with respect to the child, consistent with the criteria in RCW 26.09.187 and 26.09.191; (e) Minimize the child’s exposure to harmful parental conflict; (f) Encourage the parents, where appropriate under RCW 26.09.187 and 26.09.191, to meet their responsibilities to their minor children through agreements in the permanent parenting plan, rather than by relying on judicial intervention; and (g) To otherwise protect the best interests of the child consistent with RCW 26.09.002. (2) CONTENTS OF THE PERMANENT PARENTING PLAN. The permanent parenting plan shall contain provisions for resolution of future disputes between the parents, allocation of decision-making authority, and residential provisions for the child. (3) CONSIDERATION IN ESTABLISHING THE PERMANENT PARENTING PLAN. In establishing a permanent parenting plan, the court may consider the cultural heritage and religious beliefs of a child. (4) DISPUTE RESOLUTION. A process for resolving disputes, other than court action, shall be provided unless precluded or limited by RCW 26.09.187 or 26.09.191. A dispute resolution process may include counseling, mediation, or arbitration by a specified individual or agency, or court action. In the dispute resolution process: (a) Preference shall be given to carrying out the parenting plan; 26.09.184 (2008 Ed.) Dissolution Proceedings—Legal Separation (b) The parents shall use the designated process to resolve disputes relating to implementation of the plan, except those related to financial support, unless an emergency exists; (c) A written record shall be prepared of any agreement reached in counseling or mediation and of each arbitration award and shall be provided to each party; (d) If the court finds that a parent has used or frustrated the dispute resolution process without good reason, the court shall award attorneys’ fees and financial sanctions to the prevailing parent; (e) The parties have the right of review from the dispute resolution process to the superior court; and (f) The provisions of (a) through (e) of this subsection shall be set forth in the decree. (5) ALLOCATION OF DECISION-MAKING AUTHORITY. (a) The plan shall allocate decision-making authority to one or both parties regarding the children’s education, health care, and religious upbringing. The parties may incorporate an agreement related to the care and growth of the child in these specified areas, or in other areas, into their plan, consistent with the criteria in RCW 26.09.187 and 26.09.191. Regardless of the allocation of decision-making in the parenting plan, either parent may make emergency decisions affecting the health or safety of the child. (b) Each parent may make decisions regarding the dayto-day care and control of the child while the child is residing with that parent. (c) When mutual decision making is designated but cannot be achieved, the parties shall make a good-faith effort to resolve the issue through the dispute resolution process. (6) RESIDENTIAL PROVISIONS FOR THE CHILD. The plan shall include a residential schedule which designates in which parent’s home each minor child shall reside on given days of the year, including provision for holidays, birthdays of family members, vacations, and other special occasions, consistent with the criteria in RCW 26.09.187 and 26.09.191. (7) PARENTS’ OBLIGATION UNAFFECTED. If a parent fails to comply with a provision of a parenting plan or a child support order, the other parent’s obligations under the parenting plan or the child support order are not affected. Failure to comply with a provision in a parenting plan or a child support order may result in a finding of contempt of court, under RCW 26.09.160. (8) PROVISIONS TO BE SET FORTH IN PERMANENT PARENTING PLAN. The permanent parenting plan shall set forth the provisions of subsections (4)(a) through (c), (5)(b) and (c), and (7) of this section. [2007 c 496 § 601; 1991 c 367 § 7; 1989 c 375 § 9; 1987 c 460 § 8.] Part headings not law—2007 c 496: See note following RCW 26.09.002. Severability—Effective date—Captions not law—1991 c 367:See notes following RCW 26.09.015. Custody, designation of for purposes of other statutes: RCW 26.09.285. Failure to comply with decree or temporary injunction—Obligations not suspended: RCW 26.09.160. 26.09.187 Criteria for establishing permanent parenting plan. (1) DISPUTE RESOLUTION PROCESS. 26.09.187 (2008 Ed.) 26.09.187 The court shall not order a dispute resolution process, except court action, when it finds that any limiting factor under RCW 26.09.191 applies, or when it finds that either parent is unable to afford the cost of the proposed dispute resolution process. If a dispute resolution process is not precluded or limited, then in designating such a process the court shall consider all relevant factors, including: (a) Differences between the parents that would substantially inhibit their effective participation in any designated process; (b) The parents’ wishes or agreements and, if the parents have entered into agreements, whether the agreements were made knowingly and voluntarily; and (c) Differences in the parents’ financial circumstances that may affect their ability to participate fully in a given dispute resolution process. (2) ALLOCATION OF DECISION-MAKING AUTHORITY. (a) AGREEMENTS BETWEEN THE PARTIES. The court shall approve agreements of the parties allocating decision-making authority, or specifying rules in the areas listed in RCW 26.09.184(5)(a), when it finds that: (i) The agreement is consistent with any limitations on a parent’s decision-making authority mandated by RCW 26.09.191; and (ii) The agreement is knowing and voluntary. (b) SOLE DECISION-MAKING AUTHORITY. The court shall order sole decision-making to one parent when it finds that: (i) A limitation on the other parent’s decision-making authority is mandated by RCW 26.09.191; (ii) Both parents are opposed to mutual decision making; (iii) One parent is opposed to mutual decision making, and such opposition is reasonable based on the criteria in (c) of this subsection. (c) MUTUAL DECISION-MAKING AUTHORITY. Except as provided in (a) and (b) of this subsection, the court shall consider the following criteria in allocating decisionmaking authority: (i) The existence of a limitation under RCW 26.09.191; (ii) The history of participation of each parent in decision making in each of the areas in RCW 26.09.184(5)(a); (iii) Whether the parents have a demonstrated ability and desire to cooperate with one another in decision making in each of the areas in RCW 26.09.184(5)(a); and (iv) The parents’ geographic proximity to one another, to the extent that it affects their ability to make timely mutual decisions. (3) RESIDENTIAL PROVISIONS. (a) The court shall make residential provisions for each child which encourage each parent to maintain a loving, stable, and nurturing relationship with the child, consistent with the child’s developmental level and the family’s social and economic circumstances. The child’s residential schedule shall be consistent with RCW 26.09.191. Where the limitations of RCW 26.09.191 are not dispositive of the child’s residential schedule, the court shall consider the following factors: (i) The relative strength, nature, and stability of the child’s relationship with each parent; [Title 26 RCW—page 19] 26.09.191 Title 26 RCW: Domestic Relations (ii) The agreements of the parties, provided they were entered into knowingly and voluntarily; (iii) Each parent’s past and potential for future perform a n c e o f p a r e n ti n g fu n c t io n s a s d e f in e d i n RC W 26.09.004(3), including whether a parent has taken greater responsibility for performing parenting functions relating to the daily needs of the child; (iv) The emotional needs and developmental level of the child; (v) The child’s relationship with siblings and with other significant adults, as well as the child’s involvement with his or her physical surroundings, school, or other significant activities; (vi) The wishes of the parents and the wishes of a child who is sufficiently mature to express reasoned and independent preferences as to his or her residential schedule; and (vii) Each parent’s employment schedule, and shall make accommodations consistent with those schedules. Factor (i) shall be given the greatest weight. (b) Where the limitations of RCW 26.09.191 are not dispositive, the court may order that a child frequently alternate his or her residence between the households of the parents for brief and substantially equal intervals of time if such provision is in the best interests of the child. In determining whether such an arrangement is in the best interests of the child, the court may consider the parties geographic proximity to the extent necessary to ensure the ability to share performance of the parenting functions. (c) For any child, residential provisions may contain any reasonable terms or conditions that facilitate the orderly and meaningful exercise of residential time by a parent, including but not limited to requirements of reasonable notice when residential time will not occur. [2007 c 496 § 603; 1989 c 375 § 10; 1987 c 460 § 9.] Part headings not law—2007 c 496: See note following RCW 26.09.002. Custody, designation of for purposes of other statutes: RCW 26.09.285. 26.09.191 26.09.191 Restrictions in temporary or permanent parenting plans. (1) The permanent parenting plan shall not require mutual decision-making or designation of a dispute resolution process other than court action if it is found that a parent has engaged in any of the following conduct: (a) Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions; (b) physical, sexual, or a pattern of emotional abuse of a child; or (c) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault which causes grievous bodily harm or the fear of such harm. (2)(a) The parent’s residential time with the child shall be limited if it is found that the parent has engaged in any of the following conduct: (i) Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions; (ii) physical, sexual, or a pattern of emotional abuse of a child; (iii) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault which causes grievous bodily harm or the fear of such harm; or (iv) the parent has been convicted as an adult of a sex offense under: [Title 26 RCW—page 20] (A) RCW 9A.44.076 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (d) of this subsection; (B) RCW 9A.44.079 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (d) of this subsection; (C) RCW 9A.44.086 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (d) of this subsection; (D) RCW 9A.44.089; (E) RCW 9A.44.093; (F) RCW 9A.44.096; (G) RCW 9A.64.020 (1) or (2) if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (d) of this subsection; (H) Chapter 9.68A RCW; (I) Any predecessor or antecedent statute for the offenses listed in (a)(iv)(A) through (H) of this subsection; (J) Any statute from any other jurisdiction that describes an offense analogous to the offenses listed in (a)(iv)(A) through (H) of this subsection. This subsection (2)(a) shall not apply when (c) or (d) of this subsection applies. (b) The parent’s residential time with the child shall be limited if it is found that the parent resides with a person who has engaged in any of the following conduct: (i) Physical, sexual, or a pattern of emotional abuse of a child; (ii) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault that causes grievous bodily harm or the fear of such harm; or (iii) the person has been convicted as an adult or as a juvenile has been adjudicated of a sex offense under: (A) RCW 9A.44.076 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (e) of this subsection; (B) RCW 9A.44.079 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (e) of this subsection; (C) RCW 9A.44.086 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (e) of this subsection; (D) RCW 9A.44.089; (E) RCW 9A.44.093; (F) RCW 9A.44.096; (G) RCW 9A.64.020 (1) or (2) if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (e) of this subsection; (H) Chapter 9.68A RCW; (I) Any predecessor or antecedent statute for the offenses listed in (b)(iii)(A) through (H) of this subsection; (J) Any statute from any other jurisdiction that describes an offense analogous to the offenses listed in (b)(iii)(A) through (H) of this subsection. This subsection (2)(b) shall not apply when (c) or (e) of this subsection applies. (c) If a parent has been found to be a sexual predator under chapter 71.09 RCW or under an analogous statute of any other jurisdiction, the court shall restrain the parent from contact with a child that would otherwise be allowed under this chapter. If a parent resides with an adult or a juvenile who has been found to be a sexual predator under chapter (2008 Ed.) Dissolution Proceedings—Legal Separation 71.09 RCW or under an analogous statute of any other jurisdiction, the court shall restrain the parent from contact with the parent’s child except contact that occurs outside that person’s presence. (d) There is a rebuttable presumption that a parent who has been convicted as an adult of a sex offense listed in (d)(i) through (ix) of this subsection poses a present danger to a child. Unless the parent rebuts this presumption, the court shall restrain the parent from contact with a child that would otherwise be allowed under this chapter: (i) RCW 9A.64.020 (1) or (2), provided that the person convicted was at least five years older than the other person; (ii) RCW 9A.44.073; (iii) RCW 9A.44.076, provided that the person convicted was at least eight years older than the victim; (iv) RCW 9A.44.079, provided that the person convicted was at least eight years older than the victim; (v) RCW 9A.44.083; (vi) RCW 9A.44.086, provided that the person convicted was at least eight years older than the victim; (vii) RCW 9A.44.100; (viii) Any predecessor or antecedent statute for the offenses listed in (d)(i) through (vii) of this subsection; (ix) Any statute from any other jurisdiction that describes an offense analogous to the offenses listed in (d)(i) through (vii) of this subsection. (e) There is a rebuttable presumption that a parent who resides with a person who, as an adult, has been convicted, or as a juvenile has been adjudicated, of the sex offenses listed in (e)(i) through (ix) of this subsection places a child at risk of abuse or harm when that parent exercises residential time in the presence of the convicted or adjudicated person. Unless the parent rebuts the presumption, the court shall restrain the parent from contact with the parent’s child except for contact that occurs outside of the convicted or adjudicated person’s presence: (i) RCW 9A.64.020 (1) or (2), provided that the person convicted was at least five years older than the other person; (ii) RCW 9A.44.073; (iii) RCW 9A.44.076, provided that the person convicted was at least eight years older than the victim; (iv) RCW 9A.44.079, provided that the person convicted was at least eight years older than the victim; (v) RCW 9A.44.083; (vi) RCW 9A.44.086, provided that the person convicted was at least eight years older than the victim; (vii) RCW 9A.44.100; (viii) Any predecessor or antecedent statute for the offenses listed in (e)(i) through (vii) of this subsection; (ix) Any statute from any other jurisdiction that describes an offense analogous to the offenses listed in (e)(i) through (vii) of this subsection. (f) The presumption established in (d) of this subsection may be rebutted only after a written finding that: (i) If the child was not the victim of the sex offense committed by the parent requesting residential time, (A) contact between the child and the offending parent is appropriate and poses minimal risk to the child, and (B) the offending parent has successfully engaged in treatment for sex offenders or is engaged in and making progress in such treatment, if any was (2008 Ed.) 26.09.191 ordered by a court, and the treatment provider believes such contact is appropriate and poses minimal risk to the child; or (ii) If the child was the victim of the sex offense committed by the parent requesting residential time, (A) contact between the child and the offending parent is appropriate and poses minimal risk to the child, (B) if the child is in or has been in therapy for victims of sexual abuse, the child’s counselor believes such contact between the child and the offending parent is in the child’s best interest, and (C) the offending parent has successfully engaged in treatment for sex offenders or is engaged in and making progress in such treatment, if any was ordered by a court, and the treatment provider believes such contact is appropriate and poses minimal risk to the child. (g) The presumption established in (e) of this subsection may be rebutted only after a written finding that: (i) If the child was not the victim of the sex offense committed by the person who is residing with the parent requesting residential time, (A) contact between the child and the parent residing with the convicted or adjudicated person is appropriate and that parent is able to protect the child in the presence of the convicted or adjudicated person, and (B) the convicted or adjudicated person has successfully engaged in treatment for sex offenders or is engaged in and making progress in such treatment, if any was ordered by a court, and the treatment provider believes such contact is appropriate and poses minimal risk to the child; or (ii) If the child was the victim of the sex offense committed by the person who is residing with the parent requesting residential time, (A) contact between the child and the parent in the presence of the convicted or adjudicated person is appropriate and poses minimal risk to the child, (B) if the child is in or has been in therapy for victims of sexual abuse, the child’s counselor believes such contact between the child and the parent residing with the convicted or adjudicated person in the presence of the convicted or adjudicated person is in the child’s best interest, and (C) the convicted or adjudicated person has successfully engaged in treatment for sex offenders or is engaged in and making progress in such treatment, if any was ordered by a court, and the treatment provider believes contact between the parent and child in the presence of the convicted or adjudicated person is appropriate and poses minimal risk to the child. (h) If the court finds that the parent has met the burden of rebutting the presumption under (f) of this subsection, the court may allow a parent who has been convicted as an adult of a sex offense listed in (d)(i) through (ix) of this subsection to have residential time with the child supervised by a neutral and independent adult and pursuant to an adequate plan for supervision of such residential time. The court shall not approve of a supervisor for contact between the child and the parent unless the court finds, based on the evidence, that the supervisor is willing and capable of protecting the child from harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is no longer willing or capable of protecting the child. (i) If the court finds that the parent has met the burden of rebutting the presumption under (g) of this subsection, the court may allow a parent residing with a person who has been adjudicated as a juvenile of a sex offense listed in (e)(i) [Title 26 RCW—page 21] 26.09.191 Title 26 RCW: Domestic Relations through (ix) of this subsection to have residential time with the child in the presence of the person adjudicated as a juvenile, supervised by a neutral and independent adult and pursuant to an adequate plan for supervision of such residential time. The court shall not approve of a supervisor for contact between the child and the parent unless the court finds, based on the evidence, that the supervisor is willing and capable of protecting the child from harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is no longer willing or capable of protecting the child. (j) If the court finds that the parent has met the burden of rebutting the presumption under (g) of this subsection, the court may allow a parent residing with a person who, as an adult, has been convicted of a sex offense listed in (e)(i) through (ix) of this subsection to have residential time with the child in the presence of the convicted person supervised by a neutral and independent adult and pursuant to an adequate plan for supervision of such residential time. The court shall not approve of a supervisor for contact between the child and the parent unless the court finds, based on the evidence, that the supervisor is willing and capable of protecting the child from harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is no longer willing or capable of protecting the child. (k) A court shall not order unsupervised contact between the offending parent and a child of the offending parent who was sexually abused by that parent. A court may order unsupervised contact between the offending parent and a child who was not sexually abused by the parent after the presumption under (d) of this subsection has been rebutted and supervised residential time has occurred for at least two years with no further arrests or convictions of sex offenses involving children under chapter 9A.44 RCW, RCW 9A.64.020, or chapter 9.68A RCW and (i) the sex offense of the offending parent was not committed against a child of the offending parent, and (ii) the court finds that unsupervised contact between the child and the offending parent is appropriate and poses minimal risk to the child, after consideration of the testimony of a state-certified therapist, mental health counselor, or social worker with expertise in treating child sexual abuse victims who has supervised at least one period of residential time between the parent and the child, and after consideration of evidence of the offending parent’s compliance with community supervision requirements, if any. If the offending parent was not ordered by a court to participate in treatment for sex offenders, then the parent shall obtain a psychosexual evaluation conducted by a certified sex offender treatment provider or a certified affiliate sex offender treatment provider indicating that the offender has the lowest likelihood of risk to reoffend before the court grants unsupervised contact between the parent and a child. (l) A court may order unsupervised contact between the parent and a child which may occur in the presence of a juvenile adjudicated of a sex offense listed in (e)(i) through (ix) of this subsection who resides with the parent after the presumption under (e) of this subsection has been rebutted and supervised residential time has occurred for at least two years during which time the adjudicated juvenile has had no further arrests, adjudications, or convictions of sex offenses involv[Title 26 RCW—page 22] ing children under chapter 9A.44 RCW, RCW 9A.64.020, or chapter 9.68A RCW, and (i) the court finds that unsupervised contact between the child and the parent that may occur in the presence of the adjudicated juvenile is appropriate and poses minimal risk to the child, after consideration of the testimony of a state-certified therapist, mental health counselor, or social worker with expertise in treatment of child sexual abuse victims who has supervised at least one period of residential time between the parent and the child in the presence of the adjudicated juvenile, and after consideration of evidence of the adjudicated juvenile’s compliance with community supervision or parole requirements, if any. If the adjudicated juvenile was not ordered by a court to participate in treatment for sex offenders, then the adjudicated juvenile shall obtain a psychosexual evaluation conducted by a certified sex offender treatment provider or a certified affiliate sex offender treatment provider indicating that the adjudicated juvenile has the lowest likelihood of risk to reoffend before the court grants unsupervised contact between the parent and a child which may occur in the presence of the adjudicated juvenile who is residing with the parent. (m)(i) The limitations imposed by the court under (a) or (b) of this subsection shall be reasonably calculated to protect the child from the physical, sexual, or emotional abuse or harm that could result if the child has contact with the parent requesting residential time. The limitations shall also be reasonably calculated to provide for the safety of the parent who may be at risk of physical, sexual, or emotional abuse or harm that could result if the parent has contact with the parent requesting residential time. The limitations the court may impose include, but are not limited to: Supervised contact between the child and the parent or completion of relevant counseling or treatment. If the court expressly finds based on the evidence that limitations on the residential time with the child will not adequately protect the child from the harm or abuse that could result if the child has contact with the parent requesting residential time, the court shall restrain the parent requesting residential time from all contact with the child. (ii) The court shall not enter an order under (a) of this subsection allowing a parent to have contact with a child if the parent has been found by clear and convincing evidence in a civil action or by a preponderance of the evidence in a dependency action to have sexually abused the child, except upon recommendation by an evaluator or therapist for the child that the child is ready for contact with the parent and will not be harmed by the contact. The court shall not enter an order allowing a parent to have contact with the child in the offender’s presence if the parent resides with a person who has been found by clear and convincing evidence in a civil action or by a preponderance of the evidence in a dependency action to have sexually abused a child, unless the court finds that the parent accepts that the person engaged in the harmful conduct and the parent is willing to and capable of protecting the child from harm from the person. (iii) If the court limits residential time under (a) or (b) of this subsection to require supervised contact between the child and the parent, the court shall not approve of a supervisor for contact between a child and a parent who has engaged in physical, sexual, or a pattern of emotional abuse of the child unless the court finds based upon the evidence that the supervisor accepts that the harmful conduct occurred and is (2008 Ed.) Dissolution Proceedings—Legal Separation willing to and capable of protecting the child from harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is no longer willing to or capable of protecting the child. (n) If the court expressly finds based on the evidence that contact between the parent and the child will not cause physical, sexual, or emotional abuse or harm to the child and that the probability that the parent’s or other person’s harmful or abusive conduct will recur is so remote that it would not be in the child’s best interests to apply the limitations of (a), (b), and (m)(i) and (iii) of this subsection, or if the court expressly finds that the parent’s conduct did not have an impact on the child, then the court need not apply the limitations of (a), (b), and (m)(i) and (iii) of this subsection. The weight given to the existence of a protection order issued under chapter 26.50 RCW as to domestic violence is within the discretion of the court. This subsection shall not apply when (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), and (m)(ii) of this subsection apply. (3) A parent’s involvement or conduct may have an adverse effect on the child’s best interests, and the court may preclude or limit any provisions of the parenting plan, if any of the following factors exist: (a) A parent’s neglect or substantial nonperformance of parenting functions; (b) A long-term emotional or physical impairment which interferes with the parent’s performance of parenting functions as defined in RCW 26.09.004; (c) A long-term impairment resulting from drug, alcohol, or other substance abuse that interferes with the performance of parenting functions; (d) The absence or substantial impairment of emotional ties between the parent and the child; (e) The abusive use of conflict by the parent which creates the danger of serious damage to the child’s psychological development; (f) A parent has withheld from the other parent access to the child for a protracted period without good cause; or (g) Such other factors or conduct as the court expressly finds adverse to the best interests of the child. (4) In cases involving allegations of limiting factors under subsection (2)(a)(ii) and (iii) of this section, both parties shall be screened to determine the appropriateness of a comprehensive assessment regarding the impact of the limiting factor on the child and the parties. (5) In entering a permanent parenting plan, the court shall not draw any presumptions from the provisions of the temporary parenting plan. (6) In determining whether any of the conduct described in this section has occurred, the court shall apply the civil rules of evidence, proof, and procedure. (7) For the purposes of this section, a parent’s child means that parent’s natural child, adopted child, or stepchild. [2007 c 496 § 303; 2004 c 38 § 12; 1996 c 303 § 1; 1994 c 267 § 1. Prior: 1989 c 375 § 11; 1989 c 326 § 1; 1987 c 460 § 10.] Part headings not law—2007 c 496: See note following RCW 26.09.002. Effective date—2004 c 38: See note following RCW 18.155.075. Effective date—1996 c 303: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state gov(2008 Ed.) 26.09.194 ernment and its existing public institutions, and takes effect immediately [March 30, 1996]." [1996 c 303 § 3.] Effective date—1994 c 267: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 1, 1994]." [1994 c 267 § 6.] 26.09.194 Proposed temporary parenting plan— Temporary order—Amendment—Vacation of order. (1) A parent seeking a temporary order relating to parenting shall file and serve a proposed temporary parenting plan by motion. The other parent, if contesting the proposed temporary parenting plan, shall file and serve a responsive proposed parenting plan. Either parent may move to have a proposed temporary parenting plan entered as part of a temporary order. The parents may enter an agreed temporary parenting plan at any time as part of a temporary order. The proposed temporary parenting plan may be supported by relevant evidence and shall be accompanied by an affidavit or declaration which shall state at a minimum the following: (a) The name, address, and length of residence with the person or persons with whom the child has lived for the preceding twelve months; (b) The performance by each parent during the last twelve months of the parenting functions relating to the daily needs of the child; (c) The parents’ work and child-care schedules for the preceding twelve months; (d) The parents’ current work and child-care schedules; and (e) Any of the circumstances set forth in RCW 26.09.191 that are likely to pose a serious risk to the child and that warrant limitation on the award to a parent of temporary residence or time with the child pending entry of a permanent parenting plan. (2) At the hearing, the court shall enter a temporary parenting order incorporating a temporary parenting plan which includes: (a) A schedule for the child’s time with each parent when appropriate; (b) Designation of a temporary residence for the child; (c) Allocation of decision-making authority, if any. Absent allocation of decision-making authority consistent with RCW 26.09.187(2), neither party shall make any decision for the child other than those relating to day-to-day or emergency care of the child, which shall be made by the party who is present with the child; (d) Provisions for temporary support for the child; and (e) Restraining orders, if applicable, under RCW 26.09.060. (3) A parent may make a motion for an order to show cause and the court may enter a temporary order, including a temporary parenting plan, upon a showing of necessity. (4) A parent may move for amendment of a temporary parenting plan, and the court may order amendment to the temporary parenting plan, if the amendment conforms to the limitations of RCW 26.09.191 and is in the best interest of the child. (5) If a proceeding for dissolution of marriage or dissolution of domestic partnership, legal separation, or declaration of invalidity is dismissed, any temporary order or temporary 26.09.194 [Title 26 RCW—page 23] 26.09.197 Title 26 RCW: Domestic Relations parenting plan is vacated. [2008 c 6 § 1045; 1987 c 460 § 13.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 26.09.197 Issuance of temporary parenting plan— Criteria. After considering the affidavit required by RCW 26.09.194(1) and other relevant evidence presented, the court shall make a temporary parenting plan that is in the best interest of the child. In making this determination, the court shall give particular consideration to: (1) The relative strength, nature, and stability of the child’s relationship with each parent; and (2) Which parenting arrangements will cause the least disruption to the child’s emotional stability while the action is pending. The court shall also consider the factors used to determine residential provisions in the permanent parenting plan. [2007 c 496 § 604; 1987 c 460 § 14.] 26.09.197 Part headings not law—2007 c 496: See note following RCW 26.09.002. 26.09.210 Parenting plans—Interview with child by court—Advice of professional personnel. The court may interview the child in chambers to ascertain the child’s wishes as to the child’s residential schedule in a proceeding for dissolution of marriage or domestic partnership, legal separation, or declaration of invalidity. The court may permit counsel to be present at the interview. The court shall cause a record of the interview to be made and to be made part of the record in the case. The court may seek the advice of professional personnel whether or not they are employed on a regular basis by the court. The advice given shall be in writing and shall be made available by the court to counsel upon request. Counsel may call for cross-examination any professional personnel consulted by the court. [2008 c 6 § 1018; 1987 c 460 § 15; 1973 1st ex.s. c 157 § 21.] 26.09.210 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 26.09.220 Parenting arrangements—Investigation and report—Appointment of guardian ad litem. (1) The court may order an investigation and report concerning parenting arrangements for the child, or may appoint a guardian ad litem pursuant to RCW 26.12.175, or both. The investigation and report may be made by the guardian ad litem, the staff of the juvenile court, or other professional social service organization experienced in counseling children and families. (2) In preparing the report concerning a child, the investigator may consult any person who may have information about the child and the potential parenting or custodian arrangements. Upon order of the court, the investigator may refer the child to professional personnel for diagnosis. The investigator may consult with and obtain information from medical, psychiatric, or other expert persons who have served the child in the past without obtaining the consent of the parent or the child’s custodian; but the child’s consent must be obtained if the child has reached the age of twelve, unless the court finds that the child lacks mental capacity to consent. If the requirements of subsection (3) of this section are fulfilled, 26.09.220 [Title 26 RCW—page 24] the investigator’s report may be received in evidence at the hearing. (3) The investigator shall mail the investigator’s report to counsel and to any party not represented by counsel at least ten days prior to the hearing unless a shorter time is ordered by the court for good cause shown. The investigator shall make available to counsel and to any party not represented by counsel the investigator’s file of underlying data and reports, complete texts of diagnostic reports made to the investigator pursuant to the provisions of subsection (2) of this section, and the names and addresses of all persons whom the investigator has consulted. Any party to the proceeding may call the investigator and any person whom the investigator has consulted for cross-examination. A party may not waive the right of cross-examination prior to the hearing. [1993 c 289 § 1; 1989 c 375 § 12; 1987 c 460 § 16; 1973 1st ex.s. c 157 § 22.] 26.09.225 Access to child’s education and health care records. (1) Each parent shall have full and equal access to the education and health care records of the child absent a court order to the contrary. Neither parent may veto the access requested by the other parent. (2) Educational records are limited to academic, attendance, and disciplinary records of public and private schools in all grades kindergarten through twelve and any form of alternative school for all periods for which child support is paid or the child is the dependent in fact of the parent requesting access to the records. (3) Educational records of postsecondary educational institutions are limited to enrollment and academic records necessary to determine, establish, or continue support ordered pursuant to RCW 26.19.090. [1991 sp.s. c 28 § 3; 1990 1st ex.s. c 2 § 18; 1987 c 460 § 17.] 26.09.225 Severability—Effective date—Captions not law—1991 sp.s. c 28: See notes following RCW 26.09.100. Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100. 26.09.231 Residential time summary report. The parties to dissolution matters shall file with the clerk of the court the residential time summary report. The summary report shall be on the form developed by the administrative office of the courts in consultation with the department of social and health services division of child support. The parties must complete the form and file the form with the court order. The clerk of the court must forward the form to the division of child support on at least a monthly basis. [2007 c 496 § 701.] 26.09.231 Part headings not law—2007 c 496: See note following RCW 26.09.002. 26.09.240 Visitation rights—Person other than parent—Grandparents’ visitation rights. (1) A person other than a parent may petition the court for visitation with a child at any time or may intervene in a pending dissolution, legal separation, or modification of parenting plan proceeding. A person other than a parent may not petition for visitation under this section unless the child’s parent or parents have commenced an action under this chapter. (2) A petition for visitation with a child by a person other than a parent must be filed in the county in which the child resides. 26.09.240 (2008 Ed.) Dissolution Proceedings—Legal Separation (3) A petition for visitation or a motion to intervene pursuant to this section shall be dismissed unless the petitioner or intervenor can demonstrate by clear and convincing evidence that a significant relationship exists with the child with whom visitation is sought. If the petition or motion is dismissed for failure to establish the existence of a significant relationship, the petitioner or intervenor shall be ordered to pay reasonable attorney’s fees and costs to the parent, parents, other custodian, or representative of the child who responds to this petition or motion. (4) The court may order visitation between the petitioner or intervenor and the child between whom a significant relationship exists upon a finding supported by the evidence that the visitation is in the child’s best interests. (5)(a) Visitation with a grandparent shall be presumed to be in the child’s best interests when a significant relationship has been shown to exist. This presumption may be rebutted by a preponderance of evidence showing that visitation would endanger the child’s physical, mental, or emotional health. (b) If the court finds that reasonable visitation by a grandparent would be in the child’s best interest except for hostilities that exist between the grandparent and one or both of the parents or person with whom the child lives, the court may set the matter for mediation under RCW 26.09.015. (6) The court may consider the following factors when making a determination of the child’s best interests: (a) The strength of the relationship between the child and the petitioner; (b) The relationship between each of the child’s parents or the person with whom the child is residing and the petitioner; (c) The nature and reason for either parent’s objection to granting the petitioner visitation; (d) The effect that granting visitation will have on the relationship between the child and the child’s parents or the person with whom the child is residing; (e) The residential time sharing arrangements between the parents; (f) The good faith of the petitioner; (g) Any criminal history or history of physical, emotional, or sexual abuse or neglect by the petitioner; and (h) Any other factor relevant to the child’s best interest. (7) The restrictions of RCW 26.09.191 that apply to parents shall be applied to a petitioner or intervenor who is not a parent. The nature and extent of visitation, subject to these restrictions, is in the discretion of the court. (8) The court may order an investigation and report concerning the proposed visitation or may appoint a guardian ad litem as provided in RCW 26.09.220. (9) Visitation granted pursuant to this section shall be incorporated into the parenting plan for the child. (10) The court may modify or terminate visitation rights granted pursuant to this section in any subsequent modification action upon a showing that the visitation is no longer in the best interest of the child. [1996 c 177 § 1; 1989 c 375 § 13; 1987 c 460 § 18; 1977 ex.s. c 271 § 1; 1973 1st ex.s. c 157 § 24.] Reviser’s note: This section was declared unconstitutional and invalid by the Washington State Supreme Court in "In re Parentage of C.A.M.A.," No. 75262-1, April 7, 2005. (2008 Ed.) 26.09.260 26.09.255 Remedies when a child is taken, enticed, or concealed. (1) A relative may bring civil action against any other relative if, with intent to deny access to a child by that relative of the child who has a right to physical custody of or visitation with the child or a parent with whom the child resides pursuant to a parenting plan order, the relative takes, entices, or conceals the child from that relative. The plaintiff may be awarded, in addition to any damages awarded by the court, the reasonable expenses incurred by the plaintiff in locating the child, including, but not limited to, investigative services and reasonable attorneys’ fees. (2) "Relative" means an ancestor, descendant, or sibling including a relative of the same degree through marriage, domestic partnership, or adoption, or a spouse or domestic partner. [2008 c 6 § 1019; 1987 c 460 § 22; 1984 c 95 § 6.] 26.09.255 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Severability—1984 c 95: See note following RCW 9A.40.060. 26.09.260 Modification of parenting plan or custody decree. (1) Except as otherwise provided in subsections (4), (5), (6), (8), and (10) of this section, the court shall not modify a prior custody decree or a parenting plan unless it finds, upon the basis of facts that have arisen since the prior decree or plan or that were unknown to the court at the time of the prior decree or plan, that a substantial change has occurred in the circumstances of the child or the nonmoving party and that the modification is in the best interest of the child and is necessary to serve the best interests of the child. (2) In applying these standards, the court shall retain the residential schedule established by the decree or parenting plan unless: (a) The parents agree to the modification; (b) The child has been integrated into the family of the petitioner with the consent of the other parent in substantial deviation from the parenting plan; (c) The child’s present environment is detrimental to the child’s physical, mental, or emotional health and the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child; or (d) The court has found the nonmoving parent in contempt of court at least twice within three years because the parent failed to comply with the residential time provisions in the court-ordered parenting plan, or the parent has been convicted of custodial interference in the first or second degree under RCW 9A.40.060 or 9A.40.070. (3) A conviction of custodial interference in the first or second degree under RCW 9A.40.060 or 9A.40.070 shall constitute a substantial change of circumstances for the purposes of this section. (4) The court may reduce or restrict contact between the child and the parent with whom the child does not reside a majority of the time if it finds that the reduction or restriction would serve and protect the best interests of the child using the criteria in RCW 26.09.191. (5) The court may order adjustments to the residential aspects of a parenting plan upon a showing of a substantial change in circumstances of either parent or of the child, and without consideration of the factors set forth in subsection (2) of this section, if the proposed modification is only a minor modification in the residential schedule that does not change 26.09.260 [Title 26 RCW—page 25] 26.09.270 Title 26 RCW: Domestic Relations the residence the child is scheduled to reside in the majority of the time and: (a) Does not exceed twenty-four full days in a calendar year; or (b) Is based on a change of residence of the parent with whom the child does not reside the majority of the time or an involuntary change in work schedule by a parent which makes the residential schedule in the parenting plan impractical to follow; or (c) Does not result in a schedule that exceeds ninety overnights per year in total, if the court finds that, at the time the petition for modification is filed, the decree of dissolution or parenting plan does not provide reasonable time with the parent with whom the child does not reside a majority of the time, and further, the court finds that it is in the best interests of the child to increase residential time with the parent in excess of the residential time period in (a) of this subsection. However, any motion under this subsection (5)(c) is subject to the factors established in subsection (2) of this section if the party bringing the petition has previously been granted a modification under this same subsection within twenty-four months of the current motion. Relief granted under this section shall not be the sole basis for adjusting or modifying child support. (6) The court may order adjustments to the residential aspects of a parenting plan pursuant to a proceeding to permit or restrain a relocation of the child. The person objecting to the relocation of the child or the relocating person’s proposed revised residential schedule may file a petition to modify the parenting plan, including a change of the residence in which the child resides the majority of the time, without a showing of adequate cause other than the proposed relocation itself. A hearing to determine adequate cause for modification shall not be required so long as the request for relocation of the child is being pursued. In making a determination of a modification pursuant to relocation of the child, the court shall first determine whether to permit or restrain the relocation of the child using the procedures and standards provided in RCW 26.09.405 through 26.09.560. Following that determination, the court shall determine what modification pursuant to relocation should be made, if any, to the parenting plan or custody order or visitation order. (7) A parent with whom the child does not reside a majority of the time and whose residential time with the child is subject to limitations pursuant to RCW 26.09.191 (2) or (3) may not seek expansion of residential time under subsection (5)(c) of this section unless that parent demonstrates a substantial change in circumstances specifically related to the basis for the limitation. (8) If a parent with whom the child does not reside a majority of the time voluntarily fails to exercise residential time for an extended period, that is, one year or longer, the court upon proper motion may make adjustments to the parenting plan in keeping with the best interests of the minor child. (9) A parent with whom the child does not reside a majority of the time who is required by the existing parenting plan to complete evaluations, treatment, parenting, or other classes may not seek expansion of residential time under subsection (5)(c) of this section unless that parent has fully complied with such requirements. [Title 26 RCW—page 26] (10) The court may order adjustments to any of the nonresidential aspects of a parenting plan upon a showing of a substantial change of circumstances of either parent or of a child, and the adjustment is in the best interest of the child. Adjustments ordered under this section may be made without consideration of the factors set forth in subsection (2) of this section. (11) If the court finds that a motion to modify a prior decree or parenting plan has been brought in bad faith, the court shall assess the attorney’s fees and court costs of the nonmoving parent against the moving party. [2000 c 21 § 19; 1999 c 174 § 1; 1991 c 367 § 9. Prior: 1989 c 375 § 14; 1989 c 318 § 3; 1987 c 460 § 19; 1973 1st ex.s. c 157 § 26.] Applicability—2000 c 21: See RCW 26.09.405. Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405. Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015. Severability—1989 c 318: See note following RCW 26.09.160. 26.09.270 Child custody—Temporary custody order, temporary parenting plan, or modification of custody decree—Affidavits required. A party seeking a temporary custody order or a temporary parenting plan or modification of a custody decree or parenting plan shall submit together with his motion, an affidavit setting forth facts supporting the requested order or modification and shall give notice, together with a copy of his affidavit, to other parties to the proceedings, who may file opposing affidavits. The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the affidavits, in which case it shall set a date for hearing on an order to show cause why the requested order or modification should not be granted. [1989 c 375 § 15; 1973 1st ex.s. c 157 § 27.] 26.09.270 26.09.280 Parenting plan or child support modification or enforcement—Venue. Every action or proceeding to change, modify, or enforce any final order, judgment, or decree entered in any dissolution or legal separation or declaration concerning the validity of a marriage or domestic partnership, whether under this chapter or prior law, regarding the parenting plan or child support for the minor children of the marriage or the domestic partnership may be brought in the county where the minor children are then residing, or in the court in which the final order, judgment, or decree was entered, or in the county where the parent or other person who has the care, custody, or control of the children is then residing. [2008 c 6 § 1020; 1991 c 367 § 10; 1987 c 460 § 20; 1975 c 32 § 4; 1973 1st ex.s. c 157 § 28.] 26.09.280 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015. 26.09.285 Designation of custody for the purpose of other state and federal statutes. Solely for the purposes of all other state and federal statutes which require a designation or determination of custody, a parenting plan shall designate the parent with whom the child is scheduled to reside a majority of the time as the custodian of the child. However, this designation shall not affect either parent’s rights and 26.09.285 (2008 Ed.) Dissolution Proceedings—Legal Separation responsibilities under the parenting plan. In the absence of such a designation, the parent with whom the child is scheduled to reside the majority of the time shall be deemed to be the custodian of the child for the purposes of such federal and state statutes. [1989 c 375 § 16; 1987 c 460 § 21.] 26.09.290 Final decree of dissolution nunc pro tunc. Whenever either of the parties in an action for dissolution of marriage or domestic partnership is, under the law, entitled to a final judgment, but by mistake, negligence, or inadvertence the same has not been signed, filed, or entered, if no appeal has been taken from the interlocutory order or motion for a new trial made, the court, on the motion of either party thereto or upon its own motion, may cause a final judgment to be signed, dated, filed, and entered therein granting the dissolution as of the date when the same could have been given or made by the court if applied for. The court may cause such final judgment to be signed, dated, filed, and entered nunc pro tunc as aforesaid, even though a final judgment may have been previously entered where by mistake, negligence or inadvertence the same has not been signed, filed, or entered as soon as such final judgment, the parties to such action shall be deemed to have been restored to the status of single persons as of the date affixed to such judgment, and any marriage or any domestic partnership of either of such parties subsequent to six months after the granting of the interlocutory order as shown by the minutes of the court, and after the final judgment could have been entered under the law if applied for, shall be valid for all purposes as of the date affixed to such final judgment, upon the filing thereof. [2008 c 6 § 1021; 1973 1st ex.s. c 157 § 29.] 26.09.290 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 26.09.405 (a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or (b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court. (4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that: (a) A restraining order has been issued under this chapter; (b) The respondent or person to be restrained knows of the order; and (c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location. (5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule. (6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice. [2000 c 119 § 21; 1996 c 248 § 9; 1995 c 246 § 27; 1984 c 263 § 28; 1974 ex.s. c 99 § 1.] Application—2000 c 119: See note following RCW 26.50.021. Severability—1995 c 246: See note following RCW 26.50.010. Effective date—Severability—1984 c 263: See RCW 26.50.901 and 26.50.902. 26.09.310 Provision of health care to minor—Immunity of health care provider. No health care provider or facility, or their agent, shall be liable for damages in any civil action brought by a parent or guardian based only on a lack of the parent or guardian’s consent for medical care of a minor child, if consent to the care has been given by a parent or guardian of the minor. The immunity provided by this section shall apply regardless of whether: (1) The parents are married, unmarried, in a domestic partnership or not, or separated at the time of consent or treatment; (2) The consenting parent is, or is not, a custodial parent of the minor; (3) The giving of consent by a parent is, or is not, full performance of any agreement between the parents, or of any order or decree in any action entered pursuant to chapter 26.09 RCW; (4) The action or suit is brought by or on behalf of the nonconsenting parent, the minor child, or any other person. [2008 c 6 § 1022; 1989 c 377 § 1.] 26.09.310 26.09.300 Restraining orders—Notice—Refusal to comply—Arrest—Penalty—Defense—Peace officers, immunity. (1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, is punishable under RCW 26.50.110. (2) A person is deemed to have notice of a restraining order if: (a) The person to be restrained or the person’s attorney signed the order; (b) The order recites that the person to be restrained or the person’s attorney appeared in person before the court; (c) The order was served upon the person to be restrained; or (d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court. (3) A peace officer shall verify the existence of a restraining order by: 26.09.300 (2008 Ed.) Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. NOTICE REQUIREMENTS AND STANDARDS FOR PARENTAL RELOCATION 26.09.405 Applicability. (1) The provisions of RCW 26.09.405 through 26.09.560 and the chapter 21, Laws of 26.09.405 [Title 26 RCW—page 27] 26.09.410 Title 26 RCW: Domestic Relations 26.09.430 Notice requirement. Except as provided in RCW 26.09.460, a person with whom the child resides a majority of the time shall notify every other person entitled to residential time or visitation with the child under a court order if the person intends to relocate. Notice shall be given as prescribed in RCW 26.09.440 and 26.09.450. [2000 c 21 § 5.] (ii) No more than five days after the date that the person knows the information required to be furnished under subsection (2) of this section, if the person did not know and could not reasonably have known the information in sufficient time to provide the sixty-days’ notice, and it is not reasonable to delay the relocation. (2)(a) The notice of intended relocation of the child must include: (i) An address at which service of process may be accomplished during the period for objection; (ii) a brief statement of the specific reasons for the intended relocation of the child; and (iii) a notice to the nonrelocating person that an objection to the intended relocation of the child or to the relocating person’s proposed revised residential schedule must be filed with the court and served on the opposing person within thirty days or the relocation of the child will be permitted and the residential schedule may be modified pursuant to RCW 26.09.500. The notice shall not be deemed to be in substantial compliance for purposes of RCW 26.09.470 unless the notice contains the following statement: "THE RELOCATION OF THE CHILD WILL BE PERMITTED AND THE PROPOSED REVISED R ESIDENTIAL SCHEDULE MAY BE CONFIRMED UNLESS, WITHIN THIRTY DAYS, YOU FILE A PETITION AND MOTION WITH THE COURT TO BLOCK THE RELOCATION OR OBJECT TO THE PROPOSED REVISED RESIDENTIAL SCHEDULE AND SERVE THE PETITION AND MOTION ON THE PERSON PROPOSING RELOCATION AND ALL OTHER PERSONS ENTITLED BY COURT ORDER TO RESIDENTIAL TIME OR VISITATION WITH THE CHILD." (b) Except as provided in RCW 26.09.450 and 26.09.460, the following information shall also be included in every notice of intended relocation of the child, if available: (i) The specific street address of the intended new residence, if known, or as much of the intended address as is known, such as city and state; (ii) The new mailing address, if different from the intended new residence address; (iii) The new home telephone number; (iv) The name and address of the child’s new school and day care facility, if applicable; (v) The date of the intended relocation of the child; and (vi) A proposal in the form of a proposed parenting plan for a revised schedule of residential time or visitation with the child, if any. (3) A person required to give notice of an intended relocation of the child has a continuing duty to promptly update the information required with the notice as that new information becomes known. [2000 c 21 § 6.] Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405. Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405. 26.09.440 Notice—Contents and delivery. (1) Except as provided in RCW 26.09.450 and 26.09.460, the notice of an intended relocation of the child must be given by: (a) Personal service or any form of mail requiring a return receipt; and (b) No less than: (i) Sixty days before the date of the intended relocation of the child; or 26.09.450 Notice—Relocation within the same school district. (1) When the intended relocation of the child is within the school district in which the child currently resides the majority of the time, the person intending to relocate the child, in lieu of notice prescribed in RCW 26.09.440, may provide actual notice by any reasonable means to every other person entitled to residential time or visitation with the child under a court order. 2000 amendments to RCW 26.09.260, 26.10.190, and 26.26.160 apply to a court order regarding residential time or visitation with a child issued: (a) After June 8, 2000; and (b) Before June 8, 2000, if the existing court order does not expressly govern relocation of the child. (2) To the extent that a provision of RCW 26.09.405 through 26.09.560 and the chapter 21, Laws of 2000 amendments to RCW 26.09.260, 26.10.190, and 26.26.160 conflicts with the express terms of a court order existing prior to June 8, 2000, then RCW 26.09.405 through 26.09.560 and the chapter 21, Laws of 2000 amendments to RCW 26.09.260, 26.10.190, and 26.26.160 do not apply to those terms of that order governing relocation of the child. (3) The provisions of RCW 26.09.405 through 26.09.560 do not apply to visitation orders entered in dependency proceedings as provided in RCW 13.34.385. [2008 c 259 § 2; 2000 c 21 § 3.] Intent—2000 c 21: "By this act, the legislature intends to supersede the state supreme court’s decisions In Re the Marriage of Littlefield, 133 Wn.2d 39 (1997), and In Re the Marriage of Pape, Docket No. 67527-9, December 23, 1999." [2000 c 21 § 1.] Captions not law—2000 c 21: "Captions used in this act are not any part of the law." [2000 c 21 § 22.] 26.09.410 Definitions. The definitions in this section apply throughout RCW 26.09.405 through 26.09.560 and 26.09.260 unless the context clearly requires otherwise. (1) "Court order" means a temporary or permanent parenting plan, custody order, visitation order, or other order governing the residence of a child under this title. (2) "Relocate" means a change in principal residence either permanently or for a protracted period of time. [2000 c 21 § 2.] 26.09.410 Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405. 26.09.420 Grant of authority. When entering or modifying a court order, the court has the authority to allow or not allow a person to relocate the child. [2000 c 21 § 4.] 26.09.420 Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405. 26.09.430 26.09.440 [Title 26 RCW—page 28] 26.09.450 (2008 Ed.) Dissolution Proceedings—Legal Separation (2) A person who is entitled to residential time or visitation with the child under a court order may not object to the intended relocation of the child within the school district in which the child currently resides the majority of the time, but he or she retains the right to move for modification under RCW 26.09.260. [2000 c 21 § 7.] Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405. 26.09.460 Limitation of notices. (1) If a person intending to relocate the child is entering a domestic violence shelter due to the danger imposed by another person, notice may be delayed for twenty-one days. This section shall not be construed to compel the disclosure by any domestic violence shelter of information protected by confidentiality except as provided by RCW 70.123.075 or equivalent laws of the state in which the shelter is located. (2) If a person intending to relocate the child is a participant in the address confidentiality program pursuant to chapter 40.24 RCW or has a court order which permits the party to withhold some or all of the information required by RCW 26.09.440(2)(b), the confidential or protected information is not required to be given with the notice. (3) If a person intending to relocate the child is relocating to avoid a clear, immediate, and unreasonable risk to the health or safety of a person or the child, notice may be delayed for twenty-one days. (4) A person intending to relocate the child who believes that his or her health or safety or the health or safety of the child would be unreasonably put at risk by notice or disclosure of certain information in the notice may request an ex parte hearing with the court to have all or part of the notice requirements waived. If the court finds that the health or safety of a person or a child would be unreasonably put at risk by notice or the disclosure of certain information in the notice, the court may: (a) Order that the notice requirements be less than complete or waived to the extent necessary to protect confidentiality or the health or safety of a person or child; or (b) Provide such other relief as the court finds necessary to facilitate the legitimate needs of the parties and the best interests of the child under the circumstances. (5) This section does not deprive a person entitled to residential time or visitation with a child under a court order the opportunity to object to the intended relocation of the child or the proposed revised residential schedule before the relocation occurs. [2000 c 21 § 8.] 26.09.460 Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405. 26.09.470 Failure to give notice. (1) The failure to provide the required notice is grounds for sanctions, including contempt if applicable. (2) In determining whether a person has failed to comply with the notice requirements for the purposes of this section, the court may consider whether: (a) The person has substantially complied with the notice requirements; (b) The court order in effect at the time of the relocation was issued prior to June 8, 2000, and the person substantially 26.09.470 (2008 Ed.) 26.09.500 complied with the notice requirements, if any, in the existing order; (c) A waiver of notice was granted; (d) A person entitled to receive notice was substantially harmed; and (e) Any other factor the court deems relevant. (3) A person entitled to file an objection to the intended relocation of the child may file such objection whether or not the person has received proper notice. [2000 c 21 § 9.] Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405. 26.09.480 Objection to relocation or proposed revised residential schedule. (1) A party objecting to the intended relocation of the child or the relocating parent’s proposed revised residential schedule shall do so by filing the objection with the court and serving the objection on the relocating party and all other persons entitled by court order to residential time or visitation with the child by means of personal service or mailing by any form of mail requiring a return receipt to the relocating party at the address designated for service on the notice of intended relocation and to other parties requiring notice at their mailing address. The objection must be filed and served, including a three-day waiting period if the objection is served by mail, within thirty days of receipt of the notice of intended relocation of the child. The objection shall be in the form of: (a) A petition for modification of the parenting plan pursuant to relocation; or (b) other court proceeding adequate to provide grounds for relief. (2) Unless the special circumstances described in RCW 26.09.460 apply, the person intending to relocate the child shall not, without a court order, change the principal residence of the child during the period in which a party may object. The order required under this subsection may be obtained ex parte. If the objecting party notes a court hearing to prevent the relocation of the child for a date not more than fifteen days following timely service of an objection to relocation, the party intending to relocate the child shall not change the principal residence of the child pending the hearing unless the special circumstances described in RCW 26.09.460(3) apply. (3) The administrator for the courts shall develop a standard form, separate from existing dissolution or modification forms, for use in filing an objection to relocation of the child or objection of the relocating person’s proposed revised residential schedule. [2000 c 21 § 10.] 26.09.480 Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405. 26.09.490 Required provision in residential orders. Unless waived by court order, after June 8, 2000, every court order shall include a clear restatement of the provisions in RCW 26.09.430 through 26.09.480. [2000 c 21 § 11.] 26.09.490 Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405. 26.09.500 Failure to object. (1) Except for good cause shown, if a person entitled to object to the relocation of the child does not file an objection with the court within thirty days after receipt of the relocation notice, then the relocation of the child shall be permitted. 26.09.500 [Title 26 RCW—page 29] 26.09.510 Title 26 RCW: Domestic Relations (2) A nonobjecting person shall be entitled to the residential time or visitation with the child specified in the proposed residential schedule included with the relocation notice. (3) Any person entitled to residential time or visitation with a child under a court order retains his or her right to move for modification under RCW 26.09.260. (4) If a person entitled to object to the relocation of the child does not file an objection with the court within thirty days after receipt of the relocation notice, a person entitled to residential time with the child may not be held in contempt of court for any act or omission that is in compliance with the proposed revised residential schedule set forth in the notice given. (5) Any party entitled to residential time or visitation with the child under a court order may, after thirty days have elapsed since the receipt of the notice, obtain ex parte and file with the court an order modifying the residential schedule in conformity with the relocating party’s proposed residential schedule specified in the notice upon filing a copy of the notice and proof of service of such notice. A party may obtain ex parte and file with the court an order modifying the residential schedule in conformity with the proposed residential schedule specified in the notice before the thirty days have elapsed if the party files a copy of the notice, proof of service of such notice, and proof that no objection will be filed. [2000 c 21 § 12.] Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405. 26.09.510 Temporary orders. (1) The court may grant a temporary order restraining relocation of the child, or ordering return of the child if the child’s relocation has occurred, if the court finds: (a) The required notice of an intended relocation of the child was not provided in a timely manner and the nonrelocating party was substantially prejudiced; (b) The relocation of the child has occurred without agreement of the parties, court order, or the notice required by RCW 26.09.405 through 26.09.560 and the chapter 21, Laws of 2000 amendments to RCW 26.09.260, 26.10.190, and 26.26.160; or (c) After examining evidence presented at a hearing for temporary orders in which the parties had adequate opportunity to prepare and be heard, there is a likelihood that on final hearing the court will not approve the intended relocation of the child or no circumstances exist sufficient to warrant a relocation of the child prior to a final determination at trial. (2) The court may grant a temporary order authorizing the intended relocation of the child pending final hearing if the court finds: (a) The required notice of an intended relocation of the child was provided in a timely manner or that the circumstances otherwise warrant issuance of a temporary order in the absence of compliance with the notice requirements and issues an order for a revised schedule for residential time with the child; and (b) After examining the evidence presented at a hearing for temporary orders in which the parties had adequate opportunity to prepare and be heard, there is a likelihood that on 26.09.510 [Title 26 RCW—page 30] final hearing the court will approve the intended relocation of the child. [2000 c 21 § 13.] Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405. 26.09.520 Basis for determination. The person proposing to relocate with the child shall provide his or her reasons for the intended relocation. There is a rebuttable presumption that the intended relocation of the child will be permitted. A person entitled to object to the intended relocation of the child may rebut the presumption by demonstrating that the detrimental effect of the relocation outweighs the benefit of the change to the child and the relocating person, based upon the following factors. The factors listed in this section are not weighted. No inference is to be drawn from the order in which the following factors are listed: (1) The relative strength, nature, quality, extent of involvement, and stability of the child’s relationship with each parent, siblings, and other significant persons in the child’s life; (2) Prior agreements of the parties; (3) Whether disrupting the contact between the child and the person with whom the child resides a majority of the time would be more detrimental to the child than disrupting contact between the child and the person objecting to the relocation; (4) Whether either parent or a person entitled to residential time with the child is subject to limitations under RCW 26.09.191; (5) The reasons of each person for seeking or opposing the relocation and the good faith of each of the parties in requesting or opposing the relocation; (6) The age, developmental stage, and needs of the child, and the likely impact the relocation or its prevention will have on the child’s physical, educational, and emotional development, taking into consideration any special needs of the child; (7) The quality of life, resources, and opportunities available to the child and to the relocating party in the current and proposed geographic locations; (8) The availability of alternative arrangements to foster and continue the child’s relationship with and access to the other parent; (9) The alternatives to relocation and whether it is feasible and desirable for the other party to relocate also; (10) The financial impact and logistics of the relocation or its prevention; and (11) For a temporary order, the amount of time before a final decision can be made at trial. [2000 c 21 § 14.] 26.09.520 Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405. 26.09.530 Factor not to be considered. In determining whether to permit or restrain the relocation of the child, the court may not admit evidence on the issue of whether the person seeking to relocate the child will forego his or her own relocation if the child’s relocation is not permitted or whether the person opposing relocation will also relocate if the child’s relocation is permitted. The court may admit and consider such evidence after it makes the decision to allow or restrain relocation of the child and other parenting, custody, or visita26.09.530 (2008 Ed.) Dissolution Proceedings—Legal Separation tion issues remain before the court, such as what, if any, modifications to the parenting plan are appropriate and who the child will reside with the majority of the time if the court has denied relocation of the child and the person is relocating without the child. [2000 c 21 § 15.] Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405. 26.09.540 Objections by nonparents. A court may not restrict the right of a parent to relocate the child when the sole objection to the relocation is from a third party, unless that third party is entitled to residential time or visitation under a court order and has served as the primary residential care provider to the child for a substantial period of time during the thirty-six consecutive months preceding the intended relocation. [2000 c 21 § 16.] 26.09.540 Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405. 26.09.550 Sanctions. The court may sanction a party if it finds that a proposal to relocate the child or an objection to an intended relocation or proposed revised residential schedule was made to harass a person, to interfere in bad faith with the relationship between the child and another person entitled to residential time or visitation with the child, or to unnecessarily delay or needlessly increase the cost of litigation. [2000 c 21 § 17.] 26.09.550 Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405. 26.09.560 Priority for hearing. A hearing involving relocations or intended relocations of children shall be accorded priority on the court’s motion calendar and trial docket. [2000 c 21 § 18.] 26.09.560 Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405. 26.09.914 26.09.902 26.09.902 RCW 26.09.900 and 26.09.901 deemed in effect on July 16, 1973. The provisions of RCW 26.09.900 and 26.09.901 are remedial and procedural and shall be construed to have been in effect as of July 16, 1973. [1974 ex.s. c 15 § 3.] 26.09.907 26.09.907 Construction—Pending actions as of January 1, 1988. Notwithstanding the repeals of prior laws, actions which were properly and validly pending in the superior courts of this state as of January 1, 1988, shall not be governed by chapter 460, Laws of 1987 but shall be governed by the provisions of law in effect on December 31, 1987. [1989 c 375 § 17; 1987 c 460 § 23.] 26.09.909 26.09.909 Decrees entered into prior to January 1, 1988. (1) Decrees under this chapter involving child custody, visitation, or child support entered in actions commenced prior to January 1, 1988, shall be deemed to be parenting plans for purposes of this chapter. (2) The enactment of the 1987 revisions to this chapter does not constitute substantially changed circumstances for the purposes of modifying decrees entered under this chapter in actions commenced prior to January 1, 1988, involving child custody, visitation, or child support. Any action to modify any decree involving child custody, visitation, child support, or a parenting plan shall be governed by the provisions of this chapter. (3) Actions brought for clarification or interpretation of decrees entered under this chapter in actions commenced prior to January 1, 1988, shall be determined under the law in effect immediately prior to January 1, 1988. [1990 1st ex.s. c 2 § 16; 1989 c 375 § 18; 1987 c 460 § 24.] Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100. 26.09.910 26.09.900 Construction—Pending divorce actions. Notwithstanding the repeals of prior laws enumerated in section 30, chapter 157, Laws of 1973 1st ex. sess., actions for divorce which were properly and validly pending in the superior courts of this state as of the effective date of such repealer (July 15, 1973) shall be governed and may be pursued to conclusion under the provisions of law applicable thereto at the time of commencement of such action and all decrees and orders heretofore or hereafter in all other respects regularly entered in such proceedings are declared valid: PROVIDED, That upon proper cause being shown at any time before final decree, the court may convert such action to an action for dissolution of marriage as provided for in RCW 26.09.901. [1974 ex.s. c 15 § 1.] 26.09.900 26.09.901 Conversion of pending action to dissolution proceeding. Any divorce action which was filed prior to July 15, 1973 and for which a final decree has not been entered on February 11, 1974, may, upon order of the superior court having jurisdiction over such proceeding for good cause shown, be converted to a dissolution proceeding and thereafter be continued under the provisions of this chapter. [1974 ex.s. c 15 § 2.] 26.09.901 (2008 Ed.) 26.09.910 Short title—1987 c 460. This act shall be known as the parenting act of 1987. [1987 c 460 § 57.] 26.09.911 26.09.911 Section captions—1987 c 460. Section captions as used in this act do not constitute any part of the law. [1987 c 460 § 58.] 26.09.912 26.09.912 Effective date—1987 c 460. This act shall take effect on January 1, 1988. [1987 c 460 § 59.] 26.09.913 26.09.913 Severability—1987 c 460. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of this act or the application of the provision to other persons or circumstances is not affected. [1987 c 460 § 60.] 26.09.914 26.09.914 Severability—1989 c 375. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1989 c 375 § 33.] [Title 26 RCW—page 31] Chapter 26.10 Title 26 RCW: Domestic Relations Chapter 26.10 RCW NONPARENTAL ACTIONS FOR CHILD CUSTODY Chapter 26.10 Sections 26.10.010 26.10.015 26.10.020 26.10.030 26.10.032 26.10.034 26.10.040 26.10.045 26.10.050 26.10.060 26.10.070 26.10.080 26.10.090 26.10.100 26.10.110 26.10.115 26.10.120 26.10.130 26.10.135 26.10.140 26.10.150 26.10.160 26.10.170 26.10.180 26.10.190 26.10.195 26.10.200 26.10.210 26.10.220 26.10.910 26.10.911 26.10.912 26.10.913 Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100. 26.10.020 Civil practice to govern—Designation of proceedings—Decrees. (1) Except as otherwise specifically provided in this chapter, the practice in civil action shall govern all proceedings under this chapter, except that trial by jury is dispensed with. (2) In cases where a party other than a parent seeks custody of a minor child, a separate custody proceeding shall be entitled "In re the custody of . . . . . ." (3) The initial pleading in all proceedings under this chapter shall be denominated a petition. A responsive pleading shall be denominated a response. Other pleadings, and all pleadings in other matters under this chapter shall be denominated as provided in the civil rules for superior court. [1987 c 460 § 26.] 26.10.020 Intent. Mandatory use of approved forms. Civil practice to govern—Designation of proceedings— Decrees. Child custody proceeding—Commencement—Notice—Intervention. Child custody motion—Affidavit required—Notice—Denial of motion—Show cause hearing. Child custody petitions, orders, and decrees—Application of Indian child welfare act. Provisions for child support, custody, and visitation—Federal tax exemption—Continuing restraining orders—Domestic violence or antiharassment protection orders—Notice of modification or termination of restraining order. Child support schedule. Child support by parents—Apportionment of expense. Health insurance coverage—Conditions. Minor or dependent child—Court appointed attorney to represent—Payment of costs, fees, and disbursements. Payment of costs, attorney’s fees, etc. Failure to comply with decree or temporary injunction—Obligation to make support payments or permit visitation not suspended—Motion. Determination of custody—Child’s best interests. Temporary custody order—Vacation of order. Temporary orders—Support—Restraining orders—Domestic violence or antiharassment protection orders—Notice of modification or termination of restraining order—Preservation of support debt. Interview with child by court—Advice of professional personnel. Investigation and report. Custody orders—Background information to be consulted. Hearing—Record—Expenses of witnesses. Access to child’s education and medical records. Visitation rights—Limitations. Powers and duties of custodian—Supervision by appropriate agency when necessary. Remedies when a child is taken, enticed, or concealed. Petitions for modification and proceedings concerning relocation of child—Assessment of attorneys’ fees. Modification of child support order—Child support order summary report. Temporary custody order or modification of custody decree— Affidavits required. Venue. Restraining orders—Notice—Refusal to comply—Arrest— Penalty—Defense—Peace officers, immunity. Short title—1987 c 460. Section captions—1987 c 460. Effective date—1987 c 460. Severability—1987 c 460. Child support registry: Chapter 26.23 RCW. 26.10.010 Intent. It is the intent of the legislature to reenact and continue the law relating to third-party actions involving custody of minor children in order to distinguish that body of law from the *1987 parenting act amendments to chapter 26.09 RCW, which previously contained these provisions. [1987 c 460 § 25.] 26.10.010 *Reviser’s note: For codification of the 1987 parenting act, 1987 c 460, see Codification Tables, Volume 0. 26.10.015 Mandatory use of approved forms. (1) Effective January 1, 1992, a party shall not file any pleading with the clerk of the court in an action commenced under this chapter unless on forms approved by the administrator for the courts. (2) The parties shall comply with requirements for submission to the court of forms as provided in RCW 26.18.220. [1992 c 229 § 4; 1990 1st ex.s. c 2 § 27.] 26.10.015 [Title 26 RCW—page 32] 26.10.030 Child custody proceeding—Commencement—Notice—Intervention. (1) Except as authorized for proceedings brought under chapter 13.34 RCW, or chapter 26.50 RCW in district or municipal courts, a child custody proceeding is commenced in the superior court by a person other than a parent, by filing a petition seeking custody of the child in the county where the child is permanently resident or where the child is found, but only if the child is not in the physical custody of one of its parents or if the petitioner alleges that neither parent is a suitable custodian. In proceedings in which the juvenile court has not exercised concurrent jurisdiction and prior to a child custody hearing, the court shall determine if the child is the subject of a pending dependency action. (2) Notice of a child custody proceeding shall be given to the child’s parent, guardian and custodian, who may appear and be heard and may file a responsive pleading. The court may, upon a showing of good cause, permit the intervention of other interested parties. (3) The petitioner shall include in the petition the names of any adult members of the petitioner’s household. [2003 c 105 § 3; 2000 c 135 § 3; 1998 c 130 § 4; 1987 c 460 § 27.] 26.10.030 2 6. 1 0.0 32 Ch ild c u st od y m ot io n— Aff id av it required—Notice—Denial of motion—Show cause hearing. (1) A party seeking a custody order shall submit, along with his or her motion, an affidavit declaring that the child is not in the physical custody of one of its parents or that neither parent is a suitable custodian and setting forth facts supporting the requested order. The party seeking custody shall give notice, along with a copy of the affidavit, to other parties to the proceedings, who may file opposing affidavits. (2) The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the affidavits, in which case it shall set a date for hearing on an order to show cause why the requested order should not be granted. [2003 c 105 § 6.] 26.10.032 26.10.034 Child custody petitions, orders, and decrees—Application of Indian child welfare act. (1)(a) Every petition filed in proceedings under this chapter shall contain a statement alleging whether the child is or may be an Indian child as defined in 25 U.S.C. Sec. 1903. If the child is 26.10.034 (2008 Ed.) Nonparental Actions for Child Custody an Indian child as defined under the Indian child welfare act, the provisions of the act shall apply. (b) Whenever the court or the petitioning party in a proceeding under this chapter knows or has reason to know that an Indian child is involved, the petitioning party shall promptly provide notice to the child’s parent or Indian custodian and to the agent designated by the child’s Indian tribe to receive such notices. Notice shall be by certified mail with return receipt requested. If the identity or location of the parent or Indian custodian and the tribe cannot be determined, notice shall be given to the secretary of the interior in the manner described in 25 C.F.R. 23.11. If the child may be a member of more than one tribe, the petitioning party shall send notice to all tribes the petitioner has reason to know may be affiliated with the child. (c) The notice shall: (i) Contain a statement notifying the parent or custodian and the tribe of the pending proceeding; and (ii) notify the tribe of the tribe’s right to intervene and/or request that the case be transferred to tribal court. (2) Every order or decree entered in any proceeding under this chapter shall contain a finding that the Indian child welfare act does or does not apply. Where there is a finding that the Indian child welfare act does apply, the decree or order must also contain a finding that all notice requirements and evidentiary requirements under the Indian child welfare act have been satisfied. [2004 c 64 § 1; 2003 c 105 § 7.] 26.10.040 Provisions for child support, custody, and visitation—Federal tax exemption—Continuing restraining orders—Domestic violence or antiharassment protection orders—Notice of modification or termination of restraining order. (1) In entering an order under this chapter, the court shall consider, approve, or make provision for: (a) Child custody, visitation, and the support of any child entitled to support; (b) The allocation of the children as a federal tax exemption; (c) Any necessary continuing restraining orders, including the provisions contained in RCW 9.41.800; (d) A domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080; (e) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST. (2) The court shall order that any restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section, in addition to the law enforcement infor26.10.040 (2008 Ed.) 26.10.060 mation sheet or proof of service of the order, be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state. (3) If a restraining order issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system. [2000 c 119 § 8; 1995 c 93 § 3; 1994 sp.s. c 7 § 453; 1989 c 375 § 31; 1987 c 460 § 28.] Application—2000 c 119: See note following RCW 26.50.021. Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540. Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439460: See note following RCW 9.41.010. Severability—1989 c 375: See RCW 26.09.914. 26.10.045 Child support schedule. A determination of child support shall be based upon the child support schedule and standards adopted under *RCW 26.19.040. [1988 c 275 § 12.] 26.10.045 *Reviser’s note: RCW 26.19.040 was repealed by 1991 sp.s. c 28 § 8, effective September 1, 1991. Effective dates—Severability—1988 c 275: See notes following RCW 26.19.001. 26.10.050 Child support by parents—Apportionment of expense. In a custody proceeding, the court may order either or both parents owing a duty of support to any child of the marriage or the domestic partnership dependent upon either or both spouses or either or both domestic partners to pay an amount reasonable or necessary for the child’s support. [2008 c 6 § 1023; 1987 c 460 § 29.] 26.10.050 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 26.10.060 Health insurance coverage—Conditions. In entering or modifying a custody order under this chapter, the court shall require either or both parents to maintain or provide health insurance coverage for any dependent child if the following conditions are met: (1) Health insurance that can be extended to cover the child is available to that parent through an employer or other organization; and (2) The employer or other organization offering health insurance will contribute all or a part of the premium for coverage of the child. A parent who is required to extend insurance coverage to a child under this section is liable for any covered health care costs for which the parent receives direct payment from an insurer. This section shall not be construed to limit the authority of the court to enter or modify support orders containing provisions for payment of medical expenses, medical costs, or insurance premiums which are in addition to and not incon26.10.060 [Title 26 RCW—page 33] 26.10.070 Title 26 RCW: Domestic Relations sistent with this section. "Health insurance" as used in this section does not include medical assistance provided under chapter 74.09 RCW. [1989 c 375 § 19; 1987 c 460 § 30.] Severability—1989 c 375: See RCW 26.09.914. 26.10.070 Minor or dependent child—Court appointed attorney to represent—Payment of costs, fees, and disbursements. The court may appoint an attorney to represent the interests of a minor or dependent child with respect to custody, support, and visitation. The court shall enter an order for costs, fees, and disbursements in favor of the child’s attorney. The order shall be made against any or all parties, except that, if all parties are indigent, the costs, fees, and disbursements shall be borne by the county. [1989 c 375 § 20; 1987 c 460 § 31.] 26.10.070 Severability—1989 c 375: See RCW 26.09.914. 26.10.080 Payment of costs, attorney’s fees, etc. The court from time to time, after considering the financial resources of all parties, may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding under this chapter and for reasonable attorney’s fees or other professional fees in connection therewith, including sums for legal services rendered and costs incurred prior to the commencement of the proceeding or enforcement or modification proceedings after entry of judgment. Upon any appeal, the appellate court may, in its discretion, order a party to pay for the cost to the other party of maintaining the appeal and attorney’s fees in addition to statutory costs. The court may order that the attorney’s fees be paid directly to the attorney who may enforce the order in his or her name. [1987 c 460 § 35.] 26.10.080 26.10.090 Failure to comply with decree or temporary injunction—Obligation to make support payments or permit visitation not suspended—Motion. If a party fails to comply with a provision of an order or temporary order of injunction, the obligation of the other party to make payments for support or to permit visitation is not suspended, but the party may move the court to grant an appropriate order. [1987 c 460 § 36.] 26.10.090 26.10.100 Determination of custody—Child’s best interests. The court shall determine custody in accordance with the best interests of the child. [1987 c 460 § 38.] 26.10.100 26.10.110 Temporary custody order—Vacation of order. A party to a custody proceeding may move for a temporary custody order. The motion must be supported by an affidavit as provided in RCW 26.10.200. The court may award temporary custody after a hearing, or, if there is no objection, solely on the basis of the affidavits. If a custody proceeding commenced under this chapter is dismissed, any temporary order is vacated. [1987 c 460 § 39.] 26.10.110 26.10.115 Temporary orders—Support—Restraining orders—Domestic violence or antiharassment protec26.10.115 [Title 26 RCW—page 34] tion orders—Notice of modification or termination of restraining order—Preservation of support debt. (1) In a proceeding under this chapter either party may file a motion for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amount requested. (2) In a proceeding under this chapter either party may file a motion for a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from: (a) Molesting or disturbing the peace of the other party or of any child; (b) Entering the family home or the home of the other party upon a showing of the necessity therefor; (c) Knowingly coming within, or knowingly remaining within, a specified distance from a specified location; and (d) Removing a child from the jurisdiction of the court. (3) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW on a temporary basis. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080. Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time. (4) In issuing the order, the court shall consider the provisions of RCW 9.41.800. (5) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed. (6) The court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances. (7) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST. (8) The court shall order that any temporary restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the computer(2008 Ed.) Nonparental Actions for Child Custody based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state. (9) If a restraining order issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system. (10) A temporary order, temporary restraining order, or preliminary injunction: (a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding; (b) May be revoked or modified; (c) Terminates when the final order is entered or when the motion is dismissed; (d) May be entered in a proceeding for the modification of an existing order. (11) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding. [2000 c 119 § 9; 1995 c 246 § 29; 1994 sp.s. c 7 § 454; 1989 c 375 § 32.] Application—2000 c 119: See note following RCW 26.50.021. Severability—1995 c 246: See note following RCW 26.50.010. Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540. Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439460: See note following RCW 9.41.010. Severability—1989 c 375: See RCW 26.09.914. 26.10.120 Interview with child by court—Advice of professional personnel. The court may interview the child in chambers to ascertain the child’s wishes as to his or her custodian and as to visitation privileges. The court may permit counsel to be present at the interview. The court shall cause a record of the interview to be made and to be made part of the record in the case. The court may seek the advice of professional personnel whether or not they are employed on a regular basis by the court. The advice given shall be in writing and shall be made available by the court to counsel upon request. Counsel may 26.10.120 (2008 Ed.) 26.10.140 call for cross-examination any professional personnel consulted by the court. [1987 c 460 § 40.] 26.10.130 26.10.130 Investigation and report. (1) In contested custody proceedings, and in other custody proceedings if a parent or the child’s custodian so requests, the court may order an investigation and report concerning custodian arrangements for the child, or may appoint a guardian ad litem pursuant to RCW 26.12.175, or both. The investigation and report may be made by the guardian ad litem, the staff of the juvenile court, or other professional social service organization experienced in counseling children and families. (2) In preparing the report concerning a child, the investigator may consult any person who may have information about the child and potential custodian arrangements. Upon order of the court, the investigator may refer the child to professional personnel for diagnosis. The investigator may consult with and obtain information from medical, psychiatric, or other expert persons who have served the child in the past without obtaining the consent of the parent or the child’s custodian; but the child’s consent must be obtained if the child has reached the age of twelve, unless the court finds that the child lacks mental capacity to consent. If the requirements of subsection (3) of this section are fulfilled, the investigator’s report may be received in evidence at the hearing. (3) The investigator shall mail the investigator’s report to counsel and to any party not represented by counsel at least ten days prior to the hearing unless a shorter time is ordered by the court for good cause shown. The investigator shall make available to counsel and to any party not represented by counsel the investigator’s file of underlying data and reports, complete texts of diagnostic reports made to the investigator pursuant to the provisions of subsection (2) of this section, and the names and addresses of all persons whom the investigator has consulted. Any party to the proceeding may call the investigator and any person whom the investigator has consulted for cross-examination. A party may not waive the right of cross-examination prior to the hearing. [1993 c 289 § 2; 1987 c 460 § 41.] 26.10.135 26.10.135 Custody orders—Background information to be consulted. (1) Before granting any order regarding the custody of a child under this chapter, the court shall consult the judicial information system, if available, to determine the existence of any information and proceedings that are relevant to the placement of the child. (2) Before entering a final order, the court shall: (a) Direct the department of social and health services to release information as provided under RCW 13.50.100; and (b) Require the petitioner to provide the results of an examination of state and national criminal identification data provided by the Washington state patrol criminal identification system as described in chapter 43.43 RCW for the petitioner and adult members of the petitioner’s household. [2003 c 105 § 1.] 26.10.140 26.10.140 Hearing—Record—Expenses of witnesses. Custody proceedings shall receive priority in being set for hearing. [Title 26 RCW—page 35] 26.10.150 Title 26 RCW: Domestic Relations A party may petition the court to authorize the payment of necessary travel and other expenses incurred by any witness whose presence at the hearing the court deems necessary to determine the best interests of the child. The court without a jury shall determine questions of law and fact. If it finds that a public hearing may be detrimental to the child’s best interests, the court may exclude the public from a custody hearing, but may admit any person who has a direct and legitimate interest in the work of the court. If the court finds it necessary to protect the child’s welfare that the record of any interview, report, investigation, or testimony in a custody proceeding be kept secret, the court may make an appropriate order sealing the record. [1987 c 460 § 42.] 26.10.150 Access to child’s education and medical records. Each parent shall have full and equal access to the education and medical records of the child absent a court order to the contrary. [1987 c 460 § 43.] 26.10.150 26.10.160 Visitation rights—Limitations. (1) A parent not granted custody of the child is entitled to reasonable visitation rights except as provided in subsection (2) of this section. (2)(a) Visitation with the child shall be limited if it is found that the parent seeking visitation has engaged in any of the following conduct: (i) Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions; (ii) physical, sexual, or a pattern of emotional abuse of a child; (iii) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault which causes grievous bodily harm or the fear of such harm; or (iv) the parent has been convicted as an adult of a sex offense under: (A) RCW 9A.44.076 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (d) of this subsection; (B) RCW 9A.44.079 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (d) of this subsection; (C) RCW 9A.44.086 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (d) of this subsection; (D) RCW 9A.44.089; (E) RCW 9A.44.093; (F) RCW 9A.44.096; (G) RCW 9A.64.020 (1) or (2) if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (d) of this subsection; (H) Chapter 9.68A RCW; (I) Any predecessor or antecedent statute for the offenses listed in (a)(iv)(A) through (H) of this subsection; (J) Any statute from any other jurisdiction that describes an offense analogous to the offenses listed in (a)(iv)(A) through (H) of this subsection. This subsection (2)(a) shall not apply when (c) or (d) of this subsection applies. (b) The parent’s visitation with the child shall be limited if it is found that the parent resides with a person who has engaged in any of the following conduct: (i) Physical, sexual, 26.10.160 [Title 26 RCW—page 36] or a pattern of emotional abuse of a child; (ii) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault that causes grievous bodily harm or the fear of such harm; or (iii) the person has been convicted as an adult or as a juvenile has been adjudicated of a sex offense under: (A) RCW 9A.44.076 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (e) of this subsection; (B) RCW 9A.44.079 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (e) of this subsection; (C) RCW 9A.44.086 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (e) of this subsection; (D) RCW 9A.44.089; (E) RCW 9A.44.093; (F) RCW 9A.44.096; (G) RCW 9A.64.020 (1) or (2) if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (e) of this subsection; (H) Chapter 9.68A RCW; (I) Any predecessor or antecedent statute for the offenses listed in (b)(iii)(A) through (H) of this subsection; (J) Any statute from any other jurisdiction that describes an offense analogous to the offenses listed in (b)(iii)(A) through (H) of this subsection. This subsection (2)(b) shall not apply when (c) or (e) of this subsection applies. (c) If a parent has been found to be a sexual predator under chapter 71.09 RCW or under an analogous statute of any other jurisdiction, the court shall restrain the parent from contact with a child that would otherwise be allowed under this chapter. If a parent resides with an adult or a juvenile who has been found to be a sexual predator under chapter 71.09 RCW or under an analogous statute of any other jurisdiction, the court shall restrain the parent from contact with the parent’s child except contact that occurs outside that person’s presence. (d) There is a rebuttable presumption that a parent who has been convicted as an adult of a sex offense listed in (d)(i) through (ix) of this subsection poses a present danger to a child. Unless the parent rebuts this presumption, the court shall restrain the parent from contact with a child that would otherwise be allowed under this chapter: (i) RCW 9A.64.020 (1) or (2), provided that the person convicted was at least five years older than the other person; (ii) RCW 9A.44.073; (iii) RCW 9A.44.076, provided that the person convicted was at least eight years older than the victim; (iv) RCW 9A.44.079, provided that the person convicted was at least eight years older than the victim; (v) RCW 9A.44.083; (vi) RCW 9A.44.086, provided that the person convicted was at least eight years older than the victim; (vii) RCW 9A.44.100; (viii) Any predecessor or antecedent statute for the offenses listed in (d)(i) through (vii) of this subsection; (ix) Any statute from any other jurisdiction that describes an offense analogous to the offenses listed in (d)(i) through (vii) of this subsection. (2008 Ed.) Nonparental Actions for Child Custody (e) There is a rebuttable presumption that a parent who resides with a person who, as an adult, has been convicted, or as a juvenile has been adjudicated, of the sex offenses listed in (e)(i) through (ix) of this subsection places a child at risk of abuse or harm when that parent exercises visitation in the presence of the convicted or adjudicated person. Unless the parent rebuts the presumption, the court shall restrain the parent from contact with the parent’s child except for contact that occurs outside of the convicted or adjudicated person’s presence: (i) RCW 9A.64.020 (1) or (2), provided that the person convicted was at least five years older than the other person; (ii) RCW 9A.44.073; (iii) RCW 9A.44.076, provided that the person convicted was at least eight years older than the victim; (iv) RCW 9A.44.079, provided that the person convicted was at least eight years older than the victim; (v) RCW 9A.44.083; (vi) RCW 9A.44.086, provided that the person convicted was at least eight years older than the victim; (vii) RCW 9A.44.100; (viii) Any predecessor or antecedent statute for the offenses listed in (e)(i) through (vii) of this subsection; (ix) Any statute from any other jurisdiction that describes an offense analogous to the offenses listed in (e)(i) through (vii) of this subsection. (f) The presumption established in (d) of this subsection may be rebutted only after a written finding that: (i) If the child was not the victim of the sex offense committed by the parent requesting visitation, (A) contact between the child and the offending parent is appropriate and poses minimal risk to the child, and (B) the offending parent has successfully engaged in treatment for sex offenders or is engaged in and making progress in such treatment, if any was ordered by a court, and the treatment provider believes such contact is appropriate and poses minimal risk to the child; or (ii) If the child was the victim of the sex offense committed by the parent requesting visitation, (A) contact between the child and the offending parent is appropriate and poses minimal risk to the child, (B) if the child is in or has been in therapy for victims of sexual abuse, the child’s counselor believes such contact between the child and the offending parent is in the child’s best interest, and (C) the offending parent has successfully engaged in treatment for sex offenders or is engaged in and making progress in such treatment, if any was ordered by a court, and the treatment provider believes such contact is appropriate and poses minimal risk to the child. (g) The presumption established in (e) of this subsection may be rebutted only after a written finding that: (i) If the child was not the victim of the sex offense committed by the person who is residing with the parent requesting visitation, (A) contact between the child and the parent residing with the convicted or adjudicated person is appropriate and that parent is able to protect the child in the presence of the convicted or adjudicated person, and (B) the convicted or adjudicated person has successfully engaged in treatment for sex offenders or is engaged in and making progress in such treatment, if any was ordered by a court, and the treatment provider believes such contact is appropriate and poses minimal risk to the child; or (2008 Ed.) 26.10.160 (ii) If the child was the victim of the sex offense committed by the person who is residing with the parent requesting visitation, (A) contact between the child and the parent in the presence of the convicted or adjudicated person is appropriate and poses minimal risk to the child, (B) if the child is in or has been in therapy for victims of sexual abuse, the child’s counselor believes such contact between the child and the parent residing with the convicted or adjudicated person in the presence of the convicted or adjudicated person is in the child’s best interest, and (C) the convicted or adjudicated person has successfully engaged in treatment for sex offenders or is engaged in and making progress in such treatment, if any was ordered by a court, and the treatment provider believes contact between the parent and child in the presence of the convicted or adjudicated person is appropriate and poses minimal risk to the child. (h) If the court finds that the parent has met the burden of rebutting the presumption under (f) of this subsection, the court may allow a parent who has been convicted as an adult of a sex offense listed in (d)(i) through (ix) of this subsection to have visitation with the child supervised by a neutral and independent adult and pursuant to an adequate plan for supervision of such visitation. The court shall not approve of a supervisor for contact between the child and the parent unless the court finds, based on the evidence, that the supervisor is willing and capable of protecting the child from harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is no longer willing or capable of protecting the child. (i) If the court finds that the parent has met the burden of rebutting the presumption under (g) of this subsection, the court may allow a parent residing with a person who has been adjudicated as a juvenile of a sex offense listed in (e)(i) through (ix) of this subsection to have visitation with the child in the presence of the person adjudicated as a juvenile, supervised by a neutral and independent adult and pursuant to an adequate plan for supervision of such visitation. The court shall not approve of a supervisor for contact between the child and the parent unless the court finds, based on the evidence, that the supervisor is willing and capable of protecting the child from harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is no longer willing or capable of protecting the child. (j) If the court finds that the parent has met the burden of rebutting the presumption under (g) of this subsection, the court may allow a parent residing with a person who, as an adult, has been convicted of a sex offense listed in (e)(i) through (ix) of this subsection to have visitation with the child in the presence of the convicted person supervised by a neutral and independent adult and pursuant to an adequate plan for supervision of such visitation. The court shall not approve of a supervisor for contact between the child and the parent unless the court finds, based on the evidence, that the supervisor is willing and capable of protecting the child from harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is no longer willing or capable of protecting the child. [Title 26 RCW—page 37] 26.10.160 Title 26 RCW: Domestic Relations (k) A court shall not order unsupervised contact between the offending parent and a child of the offending parent who was sexually abused by that parent. A court may order unsupervised contact between the offending parent and a child who was not sexually abused by the parent after the presumption under (d) of this subsection has been rebutted and supervised visitation has occurred for at least two years with no further arrests or convictions of sex offenses involving children under chapter 9A.44 RCW, RCW 9A.64.020, or chapter 9.68A RCW and (i) the sex offense of the offending parent was not committed against a child of the offending parent, and (ii) the court finds that unsupervised contact between the child and the offending parent is appropriate and poses minimal risk to the child, after consideration of the testimony of a state-certified therapist, mental health counselor, or social worker with expertise in treating child sexual abuse victims who has supervised at least one period of visitation between the parent and the child, and after consideration of evidence of the offending parent’s compliance with community supervision requirements, if any. If the offending parent was not ordered by a court to participate in treatment for sex offenders, then the parent shall obtain a psychosexual evaluation conducted by a certified sex offender treatment provider or a certified affiliate sex offender treatment provider indicating that the offender has the lowest likelihood of risk to reoffend before the court grants unsupervised contact between the parent and a child. (l) A court may order unsupervised contact between the parent and a child which may occur in the presence of a juvenile adjudicated of a sex offense listed in (e)(i) through (ix) of this subsection who resides with the parent after the presumption under (e) of this subsection has been rebutted and supervised visitation has occurred for at least two years during which time the adjudicated juvenile has had no further arrests, adjudications, or convictions of sex offenses involving children under chapter 9A.44 RCW, RCW 9A.64.020, or chapter 9.68A RCW, and (i) the court finds that unsupervised contact between the child and the parent that may occur in the presence of the adjudicated juvenile is appropriate and poses minimal risk to the child, after consideration of the testimony of a state-certified therapist, mental health counselor, or social worker with expertise in treatment of child sexual abuse victims who has supervised at least one period of visitation between the parent and the child in the presence of the adjudicated juvenile, and after consideration of evidence of the adjudicated juvenile’s compliance with community supervision or parole requirements, if any. If the adjudicated juvenile was not ordered by a court to participate in treatment for sex offenders, then the adjudicated juvenile shall obtain a psychosexual evaluation conducted by a certified sex offender treatment provider or a certified affiliate sex offender treatment provider indicating that the adjudicated juvenile has the lowest likelihood of risk to reoffend before the court grants unsupervised contact between the parent and a child which may occur in the presence of the adjudicated juvenile who is residing with the parent. (m)(i) The limitations imposed by the court under (a) or (b) of this subsection shall be reasonably calculated to protect the child from the physical, sexual, or emotional abuse or harm that could result if the child has contact with the parent requesting visitation. If the court expressly finds based on [Title 26 RCW—page 38] the evidence that limitations on visitation with the child will not adequately protect the child from the harm or abuse that could result if the child has contact with the parent requesting visitation, the court shall restrain the person seeking visitation from all contact with the child. (ii) The court shall not enter an order under (a) of this subsection allowing a parent to have contact with a child if the parent has been found by clear and convincing evidence in a civil action or by a preponderance of the evidence in a dependency action to have sexually abused the child, except upon recommendation by an evaluator or therapist for the child that the child is ready for contact with the parent and will not be harmed by the contact. The court shall not enter an order allowing a parent to have contact with the child in the offender’s presence if the parent resides with a person who has been found by clear and convincing evidence in a civil action or by a preponderance of the evidence in a dependency action to have sexually abused a child, unless the court finds that the parent accepts that the person engaged in the harmful conduct and the parent is willing to and capable of protecting the child from harm from the person. (iii) If the court limits visitation under (a) or (b) of this subsection to require supervised contact between the child and the parent, the court shall not approve of a supervisor for contact between a child and a parent who has engaged in physical, sexual, or a pattern of emotional abuse of the child unless the court finds based upon the evidence that the supervisor accepts that the harmful conduct occurred and is willing to and capable of protecting the child from harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is no longer willing to or capable of protecting the child. (n) If the court expressly finds based on the evidence that contact between the parent and the child will not cause physical, sexual, or emotional abuse or harm to the child and that the probability that the parent’s or other person’s harmful or abusive conduct will recur is so remote that it would not be in the child’s best interests to apply the limitations of (a), (b), and (m)(i) and (iii) of this subsection, or if the court expressly finds that the parent’s conduct did not have an impact on the child, then the court need not apply the limitations of (a), (b), and (m)(i) and (iii) of this subsection. The weight given to the existence of a protection order issued under chapter 26.50 RCW as to domestic violence is within the discretion of the court. This subsection shall not apply when (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), and (m)(ii) of this subsection apply. (3) Any person may petition the court for visitation rights at any time including, but not limited to, custody proceedings. The court may order visitation rights for any person when visitation may serve the best interest of the child whether or not there has been any change of circumstances. (4) The court may modify an order granting or denying visitation rights whenever modification would serve the best interests of the child. Modification of a parent’s visitation rights shall be subject to the requirements of subsection (2) of this section. (5) For the purposes of this section, a parent’s child means that parent’s natural child, adopted child, or stepchild. [2004 c 38 § 13; 1996 c 303 § 2; 1994 c 267 § 2; 1989 c 326 § 2; 1987 c 460 § 44.] (2008 Ed.) Nonparental Actions for Child Custody Effective date—2004 c 38: See note following RCW 18.155.075. Effective date—1996 c 303: See note following RCW 26.09.191. Effective date—1994 c 267: See note following RCW 26.09.191. 26.10.170 26.10.170 Powers and duties of custodian—Supervision by appropriate agency when necessary. Except as otherwise agreed by the parties in writing at the time of the custody decree, the custodian may determine the child’s upbringing, including education, health care, and religious training, unless the court after hearing, finds, upon motion by the noncustodial parent, that in the absence of a specific limitation of the custodian’s authority, the child’s physical, mental, or emotional health would be endangered. If both parents or all contestants agree to the order, or if the court finds that in the absence of the order the child’s physical, mental, or emotional health would be endangered, the court may order an appropriate agency which regularly deals with children to exercise continuing supervision over the case to assure that the custodial or visitation terms of the decree are carried out. Such order may be modified by the court at any time upon petition by either party. [1987 c 460 § 45.] 26.10.180 26.10.180 Remedies when a child is taken, enticed, or concealed. (1) A relative may bring civil action against any other relative who, with intent to deny access to a child by another relative of the child who has a right to physical custody of or visitation with the child, takes, entices, or conceals the child from that relative. The plaintiff may be awarded, in addition to any damages awarded by the court, the reasonable expenses incurred by the plaintiff in locating the child, including, but not limited to, investigative services and reasonable attorneys’ fees. (2) "Relative" means an ancestor, descendant, or sibling including a relative of the same degree through marriage, domestic partnership, or adoption, or a spouse or domestic partner. [2008 c 6 § 1024; 1989 c 375 § 21; 1987 c 460 § 46.] 26.10.220 26.10.195 Modification of child support order— Child support order summary report. The party seeking the establishment or modification of a child support order shall file with the clerk of the court the child support order summary report. The summary report shall be on the form developed by the administrator for the courts pursuant to RCW 26.18.210. The party must complete the form and file the form with the court order. The clerk of the court must forward the form to the division of child support on at least a monthly basis. [2007 c 313 § 3; 1990 1st ex.s. c 2 § 24.] 26.10.195 Findings—2007 c 313: See note following RCW 26.19.025. Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100. 26.10.200 Temporary custody order or modification of custody decree—Affidavits required. A party seeking a temporary custody order or modification of a custody decree shall submit together with his or her motion, an affidavit setting forth facts supporting the requested order or modification and shall give notice, together with a copy of the affidavit, to other parties to the proceedings, who may file opposing affidavits. The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the affidavits, in which case it shall set a date for hearing on an order to show cause why the requested order or modification should not be granted. [1987 c 460 § 48.] 26.10.200 26.10.210 Venue. Every action or proceeding to change, modify, or enforce any final order, judgment, or decree heretofore or hereafter entered, whether under this chapter or prior law, in relation to the care, custody, control, or support of the minor children may be brought in the county where the minor children are then residing, or in the court in which the final order, judgment, or decree was entered, or in the county where the parent or other person who has the care, custody, or control of the children is then residing. [1987 c 460 § 49.] 26.10.210 26.10.220 Restraining orders—Notice—Refusal to comply—Arrest—Penalty—Defense—Peace officers, immunity. (1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, is punishable under RCW 26.50.110. (2) A person is deemed to have notice of a restraining order if: (a) The person to be restrained or the person’s attorney signed the order; (b) The order recites that the person to be restrained or the person’s attorney appeared in person before the court; (c) The order was served upon the person to be restrained; or (d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accu26.10.220 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Severability—1989 c 375: See RCW 26.09.914. 26.10.190 26.10.190 Petitions for modification and proceedings concerning relocation of child—Assessment of attorneys’ fees. (1) The court shall hear and review petitions for modifications of a parenting plan, custody order, visitation order, or other order governing the residence of a child, and conduct any proceedings concerning a relocation of the residence where the child resides a majority of the time, pursuant to chapter 26.09 RCW. (2) If the court finds that a motion to modify a prior custody decree has been brought in bad faith, the court shall assess the attorney’s fees and court costs of the custodian against the petitioner. [2000 c 21 § 21; 1989 c 375 § 24; 1987 c 460 § 47.] Applicability—2000 c 21: See RCW 26.09.405. Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405. Severability—1989 c 375: See RCW 26.09.914. (2008 Ed.) [Title 26 RCW—page 39] 26.10.910 Title 26 RCW: Domestic Relations rate copy of the original by a notary public or by the clerk of the court. (3) A peace officer shall verify the existence of a restraining order by: (a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or (b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court. (4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that: (a) A restraining order has been issued under this chapter; (b) The respondent or person to be restrained knows of the order; and (c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location. (5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule. (6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice. [2000 c 119 § 22; 1999 c 184 § 11; 1996 c 248 § 10; 1995 c 246 § 30; 1987 c 460 § 50.] Application—2000 c 119: See note following RCW 26.50.021. Short title—Severability—1999 c 184: See RCW 26.52.900 and 26.52.902. Severability—1995 c 246: See note following RCW 26.50.010. 26.10.910 Short title—1987 c 460. 26.09.910. 26.10.910 See RCW 26.10.911 Section captions—1987 c 460. 26.09.911. See RCW 26.10.912 Effective date—1987 c 460. 26.09.912. See RCW 26.10.913 Severability—1987 c 460. 26.09.913. See RCW 26.10.911 26.10.912 26.10.913 Chapter 26.12 Chapter 26.12 RCW FAMILY COURT Sections 26.12.010 26.12.020 26.12.030 26.12.040 26.12.050 26.12.060 26.12.070 26.12.080 Jurisdiction conferred on superior court—Family court proceeding defined. Designation of judge—Number of sessions. Transfer of cases to presiding judge. Substitute judge of family court. Family courts—Appointment of assistants. Court commissioners—Duties. Probation officers—Powers and duties. Protection of privacy of parties. [Title 26 RCW—page 40] 26.12.160 26.12.170 26.12.172 26.12.175 26.12.177 26.12.180 26.12.183 26.12.185 26.12.187 26.12.190 26.12.205 26.12.215 26.12.220 26.12.230 26.12.240 26.12.250 26.12.260 26.12.800 26.12.802 26.12.804 When and where court may be convened. Authority of family court judges and court commissioners to order or recommend services—Report by court of child abuse or neglect. Parenting seminars—Rules. Appointment of guardian ad litem—Independent investigation—Court-appointed special advocate program—Background information—Review of appointment. Guardians ad litem and investigators—Training—Registry— Subregistry—Selection—Substitution—Exceptions. Guardian ad litem, special advocate, or investigator—Information discoverable—Confidentiality. Guardian ad litem or investigator—Fees. Guardian ad litem, special advocate, or investigator—Release of information. Guardian ad litem, special advocate, or investigator—Ex parte communications—Removal. Family court jurisdiction as to pending actions—Use of family court services. Priority for proceedings involving children. Revision by the superior court. Funding family court or family court services—Increase in marriage license fee authorized—Family court services program—Fees. Joint family court services. Courthouse facilitator program—Fee or surcharge. Therapeutic courts. Program to provide services to parties involved in dissolutions and legal separations—Fees. Family court pilot program—Legislative recognition. Family court pilot program—Created. Family court pilot program—Rules. Dissolution of marriage, legal separation, declarations concerning validity of marriage: Chapter 26.09 RCW. Domestic violence prevention: Chapter 26.50 RCW. Nonparental actions for child custody: Chapter 26.10 RCW. 26.12.010 Jurisdiction conferred on superior court— Family court proceeding defined. Each superior court shall exercise the jurisdiction conferred by this chapter and while sitting in the exercise of such jurisdiction shall be known and referred to as the "family court." A family court proceeding under this chapter is: (1) Any proceeding under this title or any proceeding in which the family court is requested to adjudicate or enforce the rights of the parties or their children regarding the determination or modification of parenting plans, child custody, visitation, or support, or the distribution of property or obligations, or (2) concurrent with the juvenile court, any proceeding under Title 13 or chapter 28A.225 RCW. [1999 c 397 § 6; 1994 sp.s. c 7 § 537; 1991 c 367 § 11; 1983 c 219 § 1; 1949 c 50 § 1; Rem. Supp. 1949 § 997-30.] 26.12.010 Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540. Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015. 26.12.020 Designation of judge—Number of sessions. In counties having more than one judge of the superior court the judges of such court shall annually, in the month of January, designate one or more of their number to hear all cases under this chapter. The judge or judges so designated shall hold as many sessions of the family court in each week as are necessary for the prompt disposition of matters before the court. [1949 c 50 § 2; Rem. Supp. 1949 § 997-31.] 26.12.020 26.12.030 Transfer of cases to presiding judge. The judge of the family court may transfer any case before the family court pursuant to this chapter to the department of the presiding judge of the superior court for assignment for trial 26.12.030 (2008 Ed.) Family Court or other proceedings by another judge of the court, whenever in the opinion of the judge of the family court such transfer is necessary to expedite the business of the family court or to insure the prompt consideration of the case. When any case is so transferred, the judge to whom it is transferred shall act as the judge of the family court in the matter. [1949 c 50 § 3; Rem. Supp. 1949 § 997-32.] 26.12.040 Substitute judge of family court. In counties having more than one judge of the superior court the presiding judge may appoint a judge other than the judge of the family court to act as judge of the family court during any period when the judge of the family court is on vacation, absent, or for any reason unable to perform his duties. Any judge so appointed shall have all the powers and authority of a judge of the family court in cases under this chapter. [1949 c 50 § 4; Rem. Supp. 1949 § 997-33.] 26.12.040 26.12.050 Family courts—Appointment of assistants. (1) Except as provided in subsection (2) of this section, in each county the superior court may appoint the following persons to assist the family court in disposing of its business: (a) One or more attorneys to act as family court commissioners, and (b) Such investigators, stenographers and clerks as the court shall find necessary to carry on the work of the family court. (2) The county legislative authority must approve the creation of family court commissioner positions. (3) The appointments provided for in this section shall be made by majority vote of the judges of the superior court of the county and may be made in addition to all other appointments of commissioners and other judicial attaches otherwise authorized by law. Family court commissioners and investigators shall serve at the pleasure of the judges appointing them and shall receive such compensation as the county legislative authority shall determine. The appointments may be full or part-time positions. A person appointed as a family court commissioner may also be appointed to any other commissioner position authorized by law. [1993 c 15 § 1; 1991 c 363 § 17; 1989 c 199 § 1; 1965 ex.s. c 83 § 1; 1949 c 50 § 5; Rem. Supp. 1949 § 997-34.] 26.12.050 Effective date—1993 c 15: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 12, 1993]." [1993 c 15 § 3.] Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. Court clerks, reporters, and bailiffs: Chapter 2.32 RCW. commissioners and referees: Chapter 2.24 RCW. 26.12.060 Court commissioners—Duties. The court commissioners shall: (1) Make appropriate referrals to county family court services program if the county has a family court services program or appoint a guardian ad litem pursuant to RCW 26.12.175; (2) order investigation and reporting of the facts upon which to base warrants, subpoenas, orders or directions in actions or proceedings under this chapter; (3) exercise all the powers and perform all the duties of court commissioners; (4) make written reports of all proceed26.12.060 (2008 Ed.) 26.12.170 ings had which shall become a part of the record of the family court; (5) provide supervision over the exercise of its jurisdiction as the judge of the family court may order; (6) cause the orders and findings of the family court to be entered in the same manner as orders and findings are entered in cases in the superior court; (7) cause other reports to be made and records kept as will indicate the value and extent of reconciliation, mediation, investigation, and treatment services; and (8) conduct hearings under Title 13 and chapter 28A.225 RCW, as provided in RCW 13.04.021. [1999 c 397 § 7; 1993 c 289 § 3; 1991 c 367 § 12; 1988 c 232 § 4; 1949 c 50 § 6; Rem. Supp. 1949 § 997-35.] Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015. 26.12.070 Probation officers—Powers and duties. The probation officer in every county shall give such assistance to the family court as may be requested to carry out the purposes of this chapter and to that end the probation officer shall, upon request, make investigations and reports as requested, and in cases pursuant to this chapter shall exercise all the powers and perform all the duties granted or imposed by the laws of this state relating to probation or to probation officers. [1949 c 50 § 7; Rem. Supp. 1949 § 997-36.] 26.12.070 Indeterminate sentences: Chapter 9.95 RCW. Probation officers—Appointment—Powers—Compensation: RCW 13.04.040. 26.12.080 Protection of privacy of parties. Whenever the court before whom any matter arising under this chapter is pending, deems publication of any matter before the court contrary to public policy or injurious to the interests of children or to the public morals, the court may by order close the files or any part thereof in the matter and make such other orders to protect the privacy of the parties as is necessary. [1989 c 375 § 22; 1949 c 50 § 8; Rem. Supp. 1949 § 997-37.] 26.12.080 Severability—1989 c 375: See RCW 26.09.914. 26.12.160 When and where court may be convened. For the purpose of conducting hearings pursuant to this chapter the family court may be convened at any time and place within the county and the hearing may be had in chambers or otherwise. [1949 c 50 § 16; Rem. Supp. 1949 § 997-45.] 26.12.160 26.12.170 Authority of family court judges and court commissioners to order or recommend services—Report by court of child abuse or neglect. To facilitate and promote the purposes of this chapter, family court judges and court commissioners may order or recommend family court services, parenting seminars, drug and alcohol abuse evaluations and monitoring of the parties through public or private treatment services, other treatment services, the aid of physicians, psychiatrists, other specialists, or other services or may recommend the aid of the pastor or director of any religious denomination to which the parties may belong. If the court has reasonable cause to believe that a child of the parties has suffered abuse or neglect it may file a report with the proper law enforcement agency or the department of social and health services as provided in RCW 26.44.040. Upon receipt of such a report the law enforcement agency or 26.12.170 [Title 26 RCW—page 41] 26.12.172 Title 26 RCW: Domestic Relations the department of social and health services will conduct an investigation into the cause and extent of the abuse or neglect. The findings of the investigation may be made available to the court if ordered by the court as provided in RCW 42.56.210(2). The findings shall be restricted to the issue of abuse and neglect and shall not be considered custody investigations. [2005 c 274 § 241; 1994 c 267 § 3; 1991 c 367 § 13; 1983 c 219 § 5; 1971 ex.s. c 151 § 2; 1949 c 50 § 17; Rem. Supp. 1949 § 997-46.] Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. Effective date—1994 c 267: See note following RCW 26.09.191. Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015. 26.12.172 Parenting seminars—Rules. Any court rules adopted for the implementation of parenting seminars shall include the following provisions: (1) In no case shall opposing parties be required to attend seminars together; (2) Upon a showing of domestic violence or abuse which would not require mutual decision making pursuant to RCW 26.09.191, or that a parent’s attendance at the seminar is not in the children’s best interests, the court shall either: (a) Waive the requirement of completion of the seminar; or (b) Provide an alternative, voluntary parenting seminar for battered spouses or battered domestic partners; and (3) The court may waive the seminar for good cause. [2008 c 6 § 1046; 1994 c 267 § 5.] 26.12.172 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Effective date—1994 c 267: See note following RCW 26.09.191. 26.12.175 Appointment of guardian ad litem—Independent investigation—Court-appointed special advocate program—Background information—Review of appointment. (1)(a) The court may appoint a guardian ad litem to represent the interests of a minor or dependent child when the court believes the appointment of a guardian ad litem is necessary to protect the best interests of the child in any proceeding under this chapter. The family court services professionals may also make a recommendation to the court regarding whether a guardian ad litem should be appointed for the child. The court may appoint a guardian ad litem from the court-appointed special advocate program, if that program exists in the county. (b) Unless otherwise ordered, the guardian ad litem’s role is to investigate and report factual information to the court concerning parenting arrangements for the child, and to represent the child’s best interests. Guardians ad litem and investigators under this title may make recommendations based upon an independent investigation regarding the best interests of the child, which the court may consider and weigh in conjunction with the recommendations of all of the parties. If a child expresses a preference regarding the parenting plan, the guardian ad litem shall report the preferences to the court, together with the facts relative to whether any preferences are being expressed voluntarily and the degree of the child’s understanding. The court may require the guardian ad litem to provide periodic reports to the parties regarding the 26.12.175 [Title 26 RCW—page 42] status of his or her investigation. The guardian ad litem shall file his or her report at least sixty days prior to trial. (c) The parties to the proceeding may file with the court written responses to any report filed by the guardian ad litem or investigator. The court shall consider any written responses to a report filed by the guardian ad litem or investigator, including any factual information or recommendations provided in the report. (d) The court shall enter an order for costs, fees, and disbursements to cover the costs of the guardian ad litem. The court may order either or both parents to pay for the costs of the guardian ad litem, according to their ability to pay. If both parents are indigent, the county shall bear the cost of the guardian, subject to appropriation for guardians’ ad litem services by the county legislative authority. Guardians ad litem who are not volunteers shall provide the parties with an itemized accounting of their time and billing for services each month. (2)(a) If the guardian ad litem appointed is from the county court-appointed special advocate program, the program shall supervise any guardian ad litem assigned to the case. The court-appointed special advocate program shall be entitled to notice of all proceedings in the case. (b) The legislative authority of each county may authorize creation of a court-appointed special advocate program. The county legislative authority may adopt rules of eligibility for court-appointed special advocate program services. (3) Each guardian ad litem program shall maintain a background information record for each guardian ad litem in the program. The background file shall include, but is not limited to, the following information: (a) Level of formal education; (b) Training related to the guardian’s duties; (c) Number of years’ experience as a guardian ad litem; (d) Number of appointments as a guardian ad litem and county or counties of appointment; (e) The names of any counties in which the person was removed from a guardian ad litem registry pursuant to a grievance action, and the name of the court and the cause number of any case in which the court has removed the person for cause; and (f) Criminal history, as defined in RCW 9.94A.030. The background information report shall be updated annually. As a condition of appointment, the guardian ad litem’s background information record shall be made available to the court. If the appointed guardian ad litem is not a member of a guardian ad litem program the person shall provide the background information to the court. Upon appointment, the guardian ad litem, or guardian ad litem program, shall provide the parties or their attorneys with a statement containing: His or her training relating to the duties as a guardian ad litem; the name of any counties in which the person was removed from a guardian ad litem registry pursuant to a grievance action, and the name of the court and the cause number of any case in which the court has removed the person for cause; and his or her criminal history as defined in RCW 9.94A.030 for the period covering ten years prior to the appointment. The background statement shall not include identifying information that may be used to harm a guardian ad litem, such as home addresses and home telephone numbers, and for volunteer guardians ad litem the (2008 Ed.) Family Court court may allow the use of maiden names or pseudonyms as necessary for their safety. (4) When a court-appointed special advocate or volunteer guardian ad litem is requested on a case, the program shall give the court the name of the person it recommends and the appointment shall be effective immediately. The court shall appoint the person recommended by the program. If a party in a case reasonably believes the court-appointed special advocate or volunteer is inappropriate or unqualified, the party may request a review of the appointment by the program. The program must complete the review within five judicial days and remove any appointee for good cause. If the party seeking the review is not satisfied with the outcome of the review, the party may file a motion with the court for the removal of the court-appointed special advocate on the grounds the advocate or volunteer is inappropriate or unqualified. [2000 c 124 § 6; 1996 c 249 § 15; 1993 c 289 § 4; 1991 c 367 § 17.] Grievance rules—2000 c 124: See note following RCW 11.88.090. Intent—1996 c 249: See note following RCW 2.56.030. Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015. 26.12.185 able for the particular proceeding, or has a conflict of interest, the party may, within three judicial days from the appointment, move for substitution of the appointed guardian ad litem by filing a motion with the court. (d) Under this section, within either registry referred to in (a) of this subsection, a subregistry may be created that consists of guardians ad litem under contract with the department of social and health services’ division of child support. Guardians ad litem on such a subregistry shall be selected and appointed in state-initiated paternity cases only. (e) The superior court shall remove any person from the guardian ad litem registry who misrepresents his or her qualifications pursuant to a grievance procedure established by the court. (3) The rotational registry system shall not apply to court-appointed special advocate programs. [2007 c 496 § 305; 2005 c 282 § 30; 2000 c 124 § 7; 1997 c 41 § 7; 1996 c 249 § 18.] Part headings not law—2007 c 496: See note following RCW 26.09.002. Intent—1996 c 249: See note following RCW 2.56.030. 26.12.180 Guardian ad litem, special advocate, or investigator—Information discoverable—Confidentiality. All information, records, and reports obtained or created by a guardian ad litem, court-appointed special advocate, or investigator under this title shall be discoverable pursuant to statute and court rule. The guardian ad litem, court-appointed special advocate, or investigator shall not release private or confidential information to any nonparty except pursuant to a court order signed by a judge. The guardian ad litem, courtappointed special advocate, or investigator may share private or confidential information with experts or staff he or she has retained as necessary to perform the duties of guardian ad litem, court-appointed special advocate, or investigator. Any expert or staff retained are subject to the confidentiality rules governing the guardian ad litem, court-appointed special advocate, or investigator. Nothing in this section shall be interpreted to authorize disclosure of guardian ad litem records in personal injury actions. [2000 c 124 § 8.] 26.12.180 26.12.177 Guardians ad litem and investigators— Training—Registry—Subregistry—Selection—Substitution—Exceptions. (1) All guardians ad litem and investigators appointed under this title must comply with the training requirements established under RCW 2.56.030(15), prior to their appointment in cases under Title 26 RCW, except that volunteer guardians ad litem or court-appointed special advocates may comply with alternative training requirements approved by the administrative office of the courts that meet or exceed the statewide requirements. In cases involving allegations of limiting factors under RCW 26.09.191, the guardians ad litem and investigators appointed under this title must have additional relevant training under RCW 2.56.030(15) and as recommended under RCW 2.53.040, when it is available. (2)(a) Each guardian ad litem program for compensated guardians ad litem shall establish a rotational registry system for the appointment of guardians ad litem and investigators under this title. If a judicial district does not have a program the court shall establish the rotational registry system. Guardians ad litem and investigators under this title shall be selected from the registry except in exceptional circumstances as determined and documented by the court. The parties may make a joint recommendation for the appointment of a guardian ad litem from the registry. (b) In judicial districts with a population over one hundred thousand, a list of three names shall be selected from the registry and given to the parties along with the background information as specified in RCW 26.12.175(3), including their hourly rate for services. Each party may, within three judicial days, strike one name from the list. If more than one name remains on the list, the court shall make the appointment from the names on the list. In the event all three names are stricken the person whose name appears next on the registry shall be appointed. (c) If a party reasonably believes that the appointed guardian ad litem lacks the necessary expertise for the proceeding, charges an hourly rate higher than what is reason26.12.177 (2008 Ed.) 26.12.183 Guardian ad litem or investigator—Fees. Except for guardians ad litem appointed by the court from the subregistry created under RCW 26.12.177(2)(d), the court shall specify the hourly rate the guardian ad litem or investigator under this title may charge for his or her services, and shall specify the maximum amount the guardian ad litem or investigator under this title may charge without additional court review and approval. The court shall specify rates and fees in the order of appointment or at the earliest date the court is able to determine the appropriate rates and fees and prior to the guardian ad litem billing for his or her services. This section shall apply except as provided by local court rule. [2000 c 124 § 15.] 26.12.183 26.12.185 Guardian ad litem, special advocate, or investigator—Release of information. A guardian ad litem, court-appointed special advocate, or investigator under this title appointed under this chapter may release confidential information, records, and reports to the office of the family 26.12.185 [Title 26 RCW—page 43] 26.12.187 Title 26 RCW: Domestic Relations and children’s ombudsman for the purposes of carrying out its duties under chapter 43.06A RCW. [2000 c 124 § 9; 1999 c 390 § 4.] 26.12.187 Guardian ad litem, special advocate, or investigator—Ex parte communications—Removal. A guardian ad litem, court-appointed special advocate, or investigator shall not engage in ex parte communications with any judicial officer involved in the matter for which he or she is appointed during the pendency of the proceeding, except as permitted by court rule or statute for ex parte motions. Ex parte motions shall be heard in open court on the record. The record may be preserved in a manner deemed appropriate by the county where the matter is heard. The court, upon its own motion, or upon the motion of a party, may consider the removal of any guardian ad litem, court-appointed special advocate, or investigator who violates this section from any pending case or from any court-authorized registry, and if so removed may require forfeiture of any fees for professional services on the pending case. [2000 c 124 § 12.] 26.12.187 26.12.190 Family court jurisdiction as to pending actions—Use of family court services. (1) The family court shall have jurisdiction and full power in all pending cases to make, alter, modify, and enforce all temporary and permanent orders regarding the following: Parenting plans, child support, custody of children, visitation, possession of property, maintenance, contempt, custodial interference, and orders for attorneys’ fees, suit money or costs as may appear just and equitable. Court commissioners or judges shall not have authority to require the parties to mediate disputes concerning child support. (2) Family court investigation, evaluation, mediation, treatment, and reconciliation services, and any other services may be used to assist the court to develop an order as the court deems necessary to preserve the marriage or the domestic partnership, implement an amicable settlement, and resolve the issues in controversy. [2008 c 6 § 1025; 1991 c 367 § 14; 1983 c 219 § 7; 1949 c 50 § 19; Rem. Supp. 1949 § 997-48.] 26.12.190 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015. 26.12.205 Priority for proceedings involving children. The family court shall give proceedings involving children priority over cases without children. [1991 c 367 § 16.] 26.12.205 Family court services program—Fees. (1) The legislative authority of any county may authorize family court services as provided in RCW 26.12.230. The legislative authority may impose a fee in excess of that prescribed in RCW 36.18.010 for the issuance of a marriage license. The fee shall not exceed eight dollars. (2) In addition to any other funds used therefor, the governing body of any county shall use the proceeds from the fee increase authorized by this section to pay the expenses of the family court and the family court services under chapter 26.12 RCW. If there is no family court in the county, the legislative authority may provide such services through other county agencies or may contract with a public or private agency or person to provide such services. Family court services also may be provided jointly with other counties as provided in RCW 26.12.230. (3) The family court services program may hire professional employees to provide the investigation, evaluation and reporting, and mediation services, or the county may contract for these services, or both. To facilitate and promote the purposes of this chapter, the court may order or recommend the aid of physicians, psychiatrists, or other specialists. (4) The family court services program may provide or contract for: (a) Mediation; (b) investigation, evaluation, and reporting to the court; and (c) reconciliation; and may provide a referral mechanism for drug and alcohol testing, monitoring, and treatment; and any other treatment, parenting, or anger management programs the family court professional considers necessary or appropriate. (5) Services other than family court investigation, evaluation, reconciliation, and mediation services shall be at the expense of the parties involved absent a court order to the contrary. The parties shall bear all or a portion of the cost of parenting seminars and family court investigation, evaluation, reconciliation, and mediation services according to the parties’ ability to pay. (6) The county legislative authority may establish rules of eligibility for the family court services funded under this section. The rules shall not conflict with rules of the court adopted under chapter 26.12 RCW or any other statute. (7) The legislative authority may establish fees for family court investigation, evaluation, reconciliation, and mediation services under this chapter according to the parties’ ability to pay for the services. Fees collected under this section shall be collected and deposited in the same manner as other county funds are collected and deposited, and shall be maintained in a separate account to be used as provided in this section. [1994 c 267 § 4; 1991 c 367 § 15; 1980 c 124 § 1.] Effective date—1994 c 267: See note following RCW 26.09.191. Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015. Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015. 26.12.215 Revision by the superior court. All acts and proceedings of the court commissioners shall be subject to revision by the superior court as provided in RCW 2.24.050. [1991 c 367 § 18.] 26.12.230 Joint family court services. (1) Any county may contract under chapter 39.34 RCW with any other county or counties to provide joint family court services. (2) Any agreement between two or more counties for the operation of a joint family court service may provide that the treasurer of one participating county shall be the custodian of moneys made available for the purposes of the joint services, and that the treasurer may make payments from the moneys upon proper authorization. 26.12.215 Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015. 26.12.220 Funding family court or family court services—Increase in marriage license fee authorized— 26.12.220 [Title 26 RCW—page 44] 26.12.230 (2008 Ed.) Family Court (3) Any agreement between two or more counties for the operation of a joint family court service may also provide: (a) For the joint provision or operation of services and facilities or for the provision or operation of services and facilities by one participating county under contract for the other participating counties; (b) For appointments of members of the staff of the family court including the supervising counselor; (c) That, for specified purposes, the members of the staff of the family court including the supervising counselor, but excluding the judges of the family court and other court personnel, shall be considered to be employees of one participating county; (d) For other matters as are necessary to carry out the purposes of this chapter. (4) The provisions of this chapter relating to family court services provided by a single county are equally applicable to counties which contract, under this section, to provide joint family court services. [1986 c 95 § 3.] 26.12.240 Courthouse facilitator program—Fee or surcharge. A county may create a courthouse facilitator program to provide basic services to pro se litigants in family law cases. The legislative authority of any county may impose user fees or may impose a surcharge of up to twenty dollars on only those superior court cases filed under Title 26 RCW, or both, to pay for the expenses of the courthouse facilitator program. Fees collected under this section shall be collected and deposited in the same manner as other county funds are collected and deposited, and shall be maintained in a separate account to be used as provided in this section. [2005 c 457 § 15; 1993 c 435 § 2.] 26.12.240 Intent—2005 c 457: See note following RCW 43.08.250. 26.12.250 Therapeutic courts. (1) Every county that authorizes the tax provided in RCW 82.14.460 shall, and every county may, establish and operate a therapeutic court component for dependency proceedings designed to be effective for the court’s size, location, and resources. A county with a drug court for criminal cases or with a mental health court may include a therapeutic court for dependency proceedings as a component of its existing program. (2) For the purposes of this section, "therapeutic court" means a court that has special calendars or dockets designed for the intense judicial supervision, coordination, and oversight of treatment provided to parents and families who have substance abuse or mental health problems and who are involved in the dependency and is designed to achieve a reduction in: (a) Child abuse and neglect; (b) Out-of-home placement of children; (c) Termination of parental rights; and (d) Substance abuse or mental health symptoms among parents or guardians and their children. (3) To the extent possible, the therapeutic court shall provide services for parents and families colocated with the court or as near to the court as practicable. (4) The department of social and health services shall furnish services to the therapeutic court unless a court contracts with providers outside of the department. 26.12.250 (2008 Ed.) 26.12.260 (5) Any jurisdiction that receives a state appropriation to fund a therapeutic court must first exhaust all federal funding available for the development and operation of the therapeutic court and associated services. (6) Moneys allocated by the state for a therapeutic court must be used to supplement, not supplant, other federal, state, local, and private funding for court operations and associated services under this section. (7) Any county that establishes a therapeutic court or receives funds for an existing court under this section shall: (a) Establish minimum requirements for the participation in the program; and (b) Develop an evaluation component of the court, including tracking the success rates in graduating from treatment, reunifying parents with their children, and the costs and benefits of the court. [2005 c 504 § 503.] Findings—Intent—Severability—Application—Construction— Captions, part headings, subheadings not law—Adoption of rules— Effective dates—2005 c 504: See notes following RCW 71.05.027. Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020. 26.12.260 Program to provide services to parties involved in dissolutions and legal separations—Fees. (Effective July 1, 2009.) (1) After July 1, 2009, but no later than November 1, 2009, a county may, and to the extent state funding is provided to meet the minimum requirements of the program a county shall, create a program to provide services to all parties involved in proceedings under chapter 26.09 RCW. Minimum components of this program shall include: (a) An individual to serve as an initial point of contact for parties filing petitions for dissolutions or legal separations under chapter 26.09 RCW; (b) informing parties about courthouse facilitation programs and orientations; (c) informing parties of alternatives to filing a dissolution petition, such as marriage or domestic partnership counseling; (d) informing parties of alternatives to litigation including counseling, legal separation, and mediation services if appropriate; (e) informing parties of supportive family services available in the community; (f) screening for referral for services in the areas of domestic violence as defined in RCW 26.50.010, child abuse, substance abuse, and mental health; and (g) assistance to the court in superior court cases filed under chapter 26.09 RCW. (2) This program shall not provide legal advice. No attorney-client relationship or privilege is created, by implication or by inference, between persons providing basic information under this section and the participants in the program. (3) The legislative authority of any county may impose user fees or may impose a surcharge of up to twenty dollars on only those superior court cases filed under this title, or both, to pay for the expenses of this program. Fees collected under this section shall be collected and deposited in the same manner as other county funds are collected and deposited, and shall be maintained in a separate account to be used as provided in this section. The program shall provide services to indigent persons at no expense. (4) Persons who implement the program shall be appointed in the same manner as investigators, stenographers, and clerks as described in RCW 26.12.050. 26.12.260 [Title 26 RCW—page 45] 26.12.800 Title 26 RCW: Domestic Relations (5) If the county has a program under this section, any petition under RCW 26.09.020 must allege that the moving party met and conferred with the program prior to the filing of the petition. (6) If the county has a program under this section, parties shall meet and confer with the program prior to participation in mediation under RCW 26.09.016. [2008 c 6 § 1047; 2007 c 496 § 201.] Effective date—2008 c 6 § 1047: "Section 1047 of this act takes effect July 1, 2009." [2008 c 6 § 1306.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Effective dates—2007 c 496 §§ 201, 202, 204, and 501: "(1) Sections 201 and 204 of this act take effect July 1, 2009. (2) Section 202 of this act takes effect January 1, 2008. (3) Section 501 of this act takes effect January 1, 2009." [2007 c 496 § 805.] Part headings not law—2007 c 496: See note following RCW 26.09.002. 26.12.800 Family court pilot program—Legislative recognition. The legislature recognizes the increasing incidence of concurrent involvement of family members in multiple areas of the justice system. Analysis shows significant case overlap in the case types of juvenile offender, juvenile dependency, at-risk youth, child in need of services, truancy, domestic violence, and domestic relations. Also recognized is the increased complexity of the problems facing family members and the increased complexity of the laws affecting families. It is believed that in such situations, an efficient and effective response is through the creation of a unified court system centered around the family that: Provides a dedicated, trained, and informed judiciary; incorporates case management practices based on a family’s judicial system needs; enables multiple case type resolution by one judicial officer or judicial team; provides coordinated legal and social services; and considers and evaluates the needs of the family as a whole. [1999 c 397 § 1.] 26.12.800 26.12.802 Family court pilot program—Created. The administrative office of the courts shall conduct a unified family court pilot program. (1) Pilot program sites shall be selected through a request for proposal process, and shall be established in no more than three superior court judicial districts. (2) To be eligible for consideration as a pilot project site, judicial districts must have a statutorily authorized judicial complement of at least five judges. (3) The administrative office of the courts shall develop criteria for the unified family court pilot program. The pilot program shall include: (a) All case types under Title 13 RCW, chapters 26.09, 26.10, 26.12, 26.18, 26.19, 26.20, 26.26, 26.50, 26.27, and 28A.225 RCW; (b) Unified family court judicial officers, who volunteer for the program, and meet training requirements established by local court rule; (c) Case management practices that provide a flexible response to the diverse court-related needs of families involved in multiple areas of the justice system. Case management practices should result in a reduction in process redundancies and an efficient use of time and resources, and 26.12.802 [Title 26 RCW—page 46] create a system enabling multiple case type resolution by one judicial officer or judicial team; (d) A court facilitator to provide assistance to parties with matters before the unified family court; and (e) An emphasis on providing nonadversarial methods of dispute resolution such as a settlement conference, evaluative mediation by attorney mediators, and facilitative mediation by nonattorney mediators. (4) The administrative office of the courts shall publish and disseminate a state-approved listing of definitions of nonadversarial methods of dispute resolution so that court officials, practitioners, and users can choose the most appropriate process for the matter at hand. (5) The administrative office of the courts shall provide to the judicial districts selected for the pilot program the computer resources needed by each judicial district to implement the unified family court pilot program. (6) The administrative office of the courts shall conduct a study of the pilot program measuring improvements in the judicial system’s response to family involvement in the judicial system. The administrator for the courts shall report preliminary findings and final results of the study to the governor, the chief justice of the supreme court, and the legislature on a biennial basis. The initial report is due by July 1, 2000, and the final report is due by December 1, 2004. [2005 c 282 § 31; 1999 c 397 § 2.] 26.12.804 Family court pilot program—Rules. The judges of the superior court judicial districts with unified family court pilot programs shall adopt local court rules directing the program. The local court rules shall comply with the criteria established by the administrative office of the courts and shall include: (1) A requirement that all judicial officers hearing cases in unified family court: (a) Complete an initial training program including the topic areas of childhood development, domestic violence, cultural awareness, child abuse and neglect, chemical dependency, and mental illness; and (b) Subsequent to the training in (a) of this subsection, annually attend a minimum of eight hours of continuing education of pertinence to the unified family court; (2) Case management that is based on the practice of one judge or judicial team handling all matters relating to a family; (3) An emphasis on coordinating or consolidating, to the extent possible, all cases before the unified family court relating to a family; and (4) Programs that provide for record confidentiality to protect the confidentiality of court records in accordance with the law. However law enforcement agencies shall have access to the records to the extent permissible under the law. [2005 c 282 § 32; 1999 c 397 § 3.] 26.12.804 Chapter 26.16 Chapter 26.16 RCW RIGHTS AND LIABILITIES— COMMUNITY PROPERTY Sections 26.16.010 26.16.020 Separate property of spouse. Separate property of domestic partner. (2008 Ed.) Rights and Liabilities—Community Property 26.16.030 26.16.040 26.16.050 26.16.060 26.16.070 26.16.080 26.16.090 26.16.095 26.16.100 26.16.110 26.16.120 26.16.125 26.16.140 26.16.150 26.16.160 26.16.180 26.16.190 26.16.200 26.16.205 26.16.210 26.16.220 26.16.230 26.16.240 26.16.250 Community property defined—Management and control. Community realty subject to liens, execution. Conveyances between spouses or domestic partners. Power of attorney between spouses or domestic partners. Powers of attorney as to separate estate. Execution of conveyance under power. Powers of attorney as to community estate. Purchaser of community real property protected by record title. Claim of spouse or domestic partner in community realty to be filed. Cloud on title—Removal. Agreements as to status. Custody of children. Earnings and accumulations of spouses or domestic partners living apart, minor children. Rights of married persons or domestic partners in general. Civil disabilities of wife abolished. Spouses or domestic partners may sue each other. Liability for acts of other spouse or other domestic partner. Debts incurred before marriage or domestic partnership—Separate debts—Child support obligation—Liability. Liability for family support—Support obligation of stepparent. Burden of proof in transactions between spouses or domestic partners. Quasi-community property defined. Quasi-community property—Disposition at death. Quasi-community property—Effect of lifetime transfers— Claims by surviving spouse or surviving domestic partner— Waiver. Quasi-community property—Characterization limited to determination of disposition at death—Waiver by written agreement. Assignment of future wages invalid without written consent of spouse: RCW 49.48.100. Banks and trust companies—Deposits: Chapter 30.20 RCW. Cemeteries, morgues and human remains—Title and rights to cemetery plots: Chapter 68.32 RCW. Crimes and punishment bigamy: RCW 9A.64.010. homicide by other person, when justifiable: RCW 9A.16.030. libel, slander: Chapter 9.58 RCW. Labor relations child labor: Chapter 49.12 RCW. hours of labor: Chapter 49.28 RCW. Mental illness: Chapter 71.05 RCW. Parties to actions—Spouse or domestic partner: RCW 4.08.030 and 4.08.040. Privileged communications: RCW 5.60.060. Probate and trust law: Title 11 RCW. Public assistance: Title 74 RCW. Public health and safety—Vital statistics: Chapter 70.58 RCW. Tenancy in dower and by curtesy abolished: RCW 11.04.060. Unemployment compensation, benefits and claims: Chapter 50.20 RCW. Worker’s compensation actions at law for injury or death: Chapter 51.24 RCW. right to and amount: Chapter 51.32 RCW. 26.16.010 Separate property of spouse. Property and pecuniary rights owned by a spouse before marriage and that acquired by him or her afterwards by gift, bequest, devise, descent, or inheritance, with the rents, issues and profits thereof, shall not be subject to the debts or contracts of his or her spouse, and he or she may manage, lease, sell, convey, encumber or devise by will such property without his or her spouse joining in such management, alienation or encumbrance, as fully, and to the same extent or in the same manner as though he or she were unmarried. [2008 c 6 § 602; Code 1881 § 2408; RRS § 6890. Prior: See Reviser’s note below.] 26.16.010 Reviser’s note: For prior laws dealing with this subject see Laws 1879 pp 77-81; 1873 pp 450-455; 1871 pp 67-74; 1869 pp 318-323. (2008 Ed.) 26.16.030 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Construction: "The rule of common law that statutes in derogation thereof are to be strictly construed has no application to this chapter. This chapter establishes the law of the state respecting the subject to which it relates, and its provisions and all proceedings under it shall be liberally construed with a view to effect its object." [Code 1881 § 2417.] "This chapter shall not be construed to operate retrospectively and any right established, accrued or accruing or in any thing done prior to the time this chapter goes into effect shall be governed by the law in force at the time such right was established or accrued." [Code 1881 § 2418.] This applies to RCW 26.16.010 through 26.16.040, 26.16.060, 26.16.120, 26.16.140 through 26.16.160, and 26.16.180 through 26.16.210. Descent of separate real property: RCW 11.04.015. Distribution of separate personal estate: RCW 11.04.015. Rights of married persons or domestic partners in general: RCW 26.16.150. 26.16.020 Separate property of domestic partner. Property and pecuniary rights owned by a person in a state registered domestic partnership before registration of the domestic partnership or afterwards acquired by gift, bequest, devise, descent, or inheritance, with the rents, issues and profits thereof, shall not be subject to the debts or contracts of his or her domestic partner, and he or she may manage, lease, sell, convey, encumber or devise by will such property without his or her domestic partner joining in such management, alienation, or encumbrance, as fully, to the same extent and in the same manner as though he or she were not in a state registered domestic partnership. [2008 c 6 § 603; Code 1881 § 2400; RRS § 6891. Prior: See Reviser’s note following RCW 26.16.010.] 26.16.020 Reviser’s note: See notes following RCW 26.16.010. Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Civil disabilities of wife abolished: RCW 26.16.160. Earnings of spouse or domestic partner and minor children living apart: RCW 26.16.140. Exemption of separate property of married person from attachment and execution upon liability of spouse: RCW 6.15.040. 26.16.030 Community property defined—Management and control. Property not acquired or owned, as prescribed in RCW 26.16.010 and 26.16.020, acquired after marriage or after registration of a state registered domestic partnership by either domestic partner or either husband or wife or both, is community property. Either spouse or either domestic partner, acting alone, may manage and control community property, with a like power of disposition as the acting spouse or domestic partner has over his or her separate property, except: (1) Neither person shall devise or bequeath by will more than one-half of the community property. (2) Neither person shall give community property without the express or implied consent of the other. (3) Neither person shall sell, convey, or encumber the community real property without the other spouse or other domestic partner joining in the execution of the deed or other instrument by which the real estate is sold, conveyed, or encumbered, and such deed or other instrument must be acknowledged by both spouses or both domestic partners. (4) Neither person shall purchase or contract to purchase community real property without the other spouse or other 26.16.030 [Title 26 RCW—page 47] 26.16.040 Title 26 RCW: Domestic Relations domestic partner joining in the transaction of purchase or in the execution of the contract to purchase. (5) Neither person shall create a security interest other than a purchase money security interest as defined in *RCW 62A.9-107 in, or sell, community household goods, furnishings, or appliances, or a community mobile home unless the other spouse or other domestic partner joins in executing the security agreement or bill of sale, if any. (6) Neither person shall acquire, purchase, sell, convey, or encumber the assets, including real estate, or the good will of a business where both spouses or both domestic partners participate in its management without the consent of the other: PROVIDED, That where only one spouse or one domestic partner participates in such management the participating spouse or participating domestic partner may, in the ordinary course of such business, acquire, purchase, sell, convey or encumber the assets, including real estate, or the good will of the business without the consent of the nonparticipating spouse or nonparticipating domestic partner. [2008 c 6 § 604; 1981 c 304 § 1; 1972 ex.s. c 108 § 3; Code 1881 § 2409; RRS § 6892.] creditors of the grantor at the time of such transfer, gift or conveyance. AND PROVIDED FURTHER, That any deeds of gift conveyances or releases of community estate by or between spouses or between domestic partners heretofore made but in which both spouses or both domestic partners have not joined as grantors, said deeds, where made in good faith and without intent to hinder, delay or defraud creditors, shall be and the same are hereby fully legalized as valid and binding. [2008 c 6 § 605; 1888 c 27 § 1; RRS § 10572.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Validating—1888 c 27: "All powers of attorney heretofore made and executed by any married woman joined with her husband and duly acknowledged and certified and all powers of attorney heretofore made or executed by husband or wife to the other, authorizing the sale or other disposition of real estate, whether separate or community real estate duly acknowledged conformably with the previous sections, and all conveyances heretofore and hereafter executed under and by virtue of such powers of attorney and acknowledged and certified in the manner provided herein, shall be valid and binding; provided, that any rights vested in third persons shall not be affected by anything in this section contained." [1888 c 27 § 5.] This applies to RCW 26.16.050 and 26.16.070 through 26.16.090. Acknowledgments: Chapter 64.08 RCW. *Reviser’s note: Article 62A.9 RCW was repealed in its entirety by 2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see Article 62A.9A RCW. Burden of proof in transactions between spouses or domestic partners: RCW 26.16.210. Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 26.16.060 Power of attorney between spouses or domestic partners. A spouse or domestic partner may constitute the other his or her attorney-in-fact to manage, control or dispose of his or her property with the same power of revocation or substitution as could be exercised were they unmarried persons or were they not in a state registered domestic partnership. [2008 c 6 § 606; Code 1881 § 2403; No RRS.] Severability—1981 c 304: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1981 c 304 § 46.] Community property—Homestead selection: RCW 6.13.020. Descent and distribution of community property: RCW 11.04.015. Quasi-community property defined: RCW 26.16.220. Simultaneous death, uniform act: Chapter 11.05A RCW. 26.16.060 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 26.16.070 Powers of attorney as to separate estate. A spouse or domestic partner may make and execute powers of attorney for the sale, conveyance, transfer or encumbrance of his or her separate estate both real and personal, without the other spouse or other domestic partner joining in the execution thereof. Such power of attorney shall be acknowledged and certified in the manner provided by law for the conveyance of real estate. Nor shall anything herein contained be so construed as to prevent either spouse or either domestic partner from appointing the other his or her attorney-in-fact for the purposes provided in this section. [2008 c 6 § 607; 1888 c 27 § 2; RRS § 10573.] 26.16.070 26.16.040 Community realty subject to liens, execution. Community real estate shall be subject to the liens of mechanics and others for labor and materials furnished in erecting structures and improvements thereon as provided by law in other cases, to liens of judgments recovered for community debts, and to sale on execution issued thereon. [1972 ex.s. c 108 § 4; Code 1881 § 2410; RRS § 6893.] 26.16.040 Acknowledgments: Chapter 64.08 RCW. Liens: Title 60 RCW. 26.16.050 Conveyances between spouses or domestic partners. A spouse or domestic partner may give, grant, sell or convey directly to the other spouse or other domestic partner his or her community right, title, interest or estate in all or any portion of their community real property: And every deed made from one spouse to the other or one domestic partner to the other, shall operate to divest the real estate therein recited from any or every claim or demand as community property and shall vest the same in the grantee as separate property. The grantor in all such deeds, or the party releasing such community interest or estate shall sign, seal, execute and acknowledge the deed as a single person without the joinder therein of the married party or party to a state registered domestic partnership therein named as grantee: PROVIDED, HOWEVER, That the conveyances or transfers hereby authorized shall not affect any existing equity in favor of 26.16.050 [Title 26 RCW—page 48] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 26.16.080 Execution of conveyance under power. Any conveyance, transfer, deed, lease or other encumbrances executed under and by virtue of such power of attorney shall be executed, acknowledged and certified in the same manner as if the person making such power of attorney had been unmarried or not in a state registered domestic partnership. [2008 c 6 § 608; 1888 c 27 § 3; RRS § 10574.] 26.16.080 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 26.16.090 Powers of attorney as to community estate. A spouse or domestic partner may make and execute a letter 26.16.090 (2008 Ed.) Rights and Liabilities—Community Property of attorney to his or her spouse or domestic partner authorizing the sale or other disposition of his or her community interest or estate in the community property and as such attorney-in-fact to sign the name of such spouse or such domestic partner to any deed, conveyance, mortgage, lease or other encumbrance or to any instrument necessary to be executed by which the property conveyed or transferred shall be released from any claim as community property. And either spouse or either domestic partner may make and execute a letter of attorney to any third person to join with the other in the conveyance of any interest either in separate real estate of either, or in the community estate held by such spouse or such domestic partner in any real property. And both spouses or both domestic partners owning community property may jointly execute a power of attorney to a third person authorizing the sale, encumbrance or other disposition of community real property, and so execute the necessary conveyance or transfer of said real estate. [2008 c 6 § 609; 1888 c 27 § 4; RRS § 10575.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 26.16.095 Purchaser of community real property protected by record title. Whenever any person, married, in a state registered domestic partnership, or single, having in his or her name the legal title of record to any real estate, shall sell or dispose of the same to an actual bona fide purchaser, a deed of such real estate from the person holding such legal record title to such actual bona fide purchaser shall be sufficient to convey to, and vest in, such purchaser the full legal and equitable title to such real estate free and clear of any and all claims of any and all persons whatsoever, not appearing of record in the auditor’s office of the county in which such real estate is situated. [2008 c 6 § 610; 1891 c 151 § 1; RRS § 10577. Formerly RCW 64.04.080.] [SLC-RO-16] 26.16.095 26.16.120 if either spouse or either domestic partner fails to cause such an instrument to be filed in the auditor’s office in the county in which real estate is situated, the legal title to which is held by the other, within a period of ninety days from the date when such legal title has been made a matter of record, any actual bona fide purchaser of such real estate from the person in whose name the legal title stands of record, receiving a deed of such real estate from the person thus holding the legal title, shall be deemed and held to have received the full legal and equitable title to such real estate free and clear of all claim of the other spouse or other domestic partner. [2008 c 6 § 611; 1891 c 151 § 2; RRS § 10578.] [SLC-RO-16] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Recording of real property by county auditor: Chapters 65.04 and 65.08 RCW. 26.16.110 Cloud on title—Removal. The instrument in writing provided for in RCW 26.16.100 shall be deemed to be a cloud upon the title of said real estate, and may be removed by the release of the party filing the same, or by any court having jurisdiction in the county where said real estate is situated, whenever it shall appear to said court that the real estate described in said instrument is the separate property of the person in whose name the title to the said real estate, or any part thereof, appears to be vested, from the conveyances on record in the office of the auditor of the county where said real estate is situated. [1891 c 151 § 3; RRS § 10579.] 26.16.110 Saving—1891 c 151: "In so far as this act affects married persons having already acquired and now holding real estate under existing laws, a period of three months from the date at which this act shall take effect is hereby allowed to such persons within which to comply with its provisions." [1891 c 151 § 4.] This applies to RCW 26.16.095 through 26.16.110. 26.16.100 Claim of spouse or domestic partner in community realty to be filed. A spouse or domestic partner having an interest in real estate, by virtue of the marriage relation or state registered domestic partnership, the legal title of record to which real estate is or shall be held by the other, may protect such interest from sale or disposition by the other spouse or other domestic partner, as the case may be, in whose name the legal title is held, by causing to be filed and recorded in the auditor’s office of the county in which such real estate is situated an instrument in writing setting forth that the person filing such instrument is the spouse or domestic partner, as the case may be, of the person holding the legal title to the real estate in question, describing such real estate and the claimant’s interest therein; and when thus presented for record such instrument shall be filed and recorded by the auditor of the county in which such real estate is situated, in the same manner and with like effect as regards notice to all the world, as deeds of real estate are filed and recorded. And 26.16.120 Agreements as to status. Nothing contained in any of the provisions of *this chapter or in any law of this state, shall prevent both spouses or both domestic partners from jointly entering into any agreement concerning the status or disposition of the whole or any portion of the community property, then owned by them or afterwards to be acquired, to take effect upon the death of either. But such agreement may be made at any time by both spouses or both domestic partners by the execution of an instrument in writing under their hands and seals, and to be witnessed, acknowledged and certified in the same manner as deeds to real estate are required to be, under the laws of the state, and the same may at any time thereafter be altered or amended in the same manner. Such agreement shall not derogate from the right of creditors; nor be construed to curtail the powers of the superior court to set aside or cancel such agreement for fraud or under some other recognized head of equity jurisdiction, at the suit of either party; nor prevent the application of laws governing the community property and inheritance rights of slayers under chapter 11.84 RCW. [2008 c 6 § 612; 1998 c 292 § 505; Code 1881 § 2416; RRS § 6894.] *Reviser’s note: "this chapter", which is Code 1881, chapter CLXXXIII, is codified as RCW 26.16.010 through 26.16.040, 26.16.060, 26.16.120, 26.16.140 through 26.16.160, and 26.16.180 through 26.16.210. Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 26.16.100 (2008 Ed.) 26.16.120 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Application—Conflict with federal requirements—1998 c 292: See notes following RCW 41.04.273. Part headings and section captions not law—Effective dates—1998 c 292: See RCW 11.11.902 and 11.11.903. Acknowledgments: Chapter 64.08 RCW. Descent and distribution of community property: RCW 11.04.015. [Title 26 RCW—page 49] 26.16.125 Title 26 RCW: Domestic Relations Private seals abolished: RCW 64.04.090. 26.16.125 Custody of children. Henceforth the rights and responsibilities of the parents in the absence of misconduct shall be equal, and one parent shall be as fully entitled to the custody, control and earnings of the children as the other parent, and in case of one parent’s death, the other parent shall come into full and complete control of the children and their estate. [2008 c 6 § 640; Code 1881 § 2399; 1879 p 151 § 2; RRS § 6907. Formerly RCW 26.20.020.] domestic partnership. [2008 c 6 § 615; Code 1881 § 2401; 1879 p 80 § 28; 1873 p 452 § 8; RRS § 6903.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Privileged communications: RCW 5.60.060. 26.16.125 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 26.16.140 Earnings and accumulations of spouses or domestic partners living apart, minor children. When spouses or domestic partners are living separate and apart, their respective earnings and accumulations shall be the separate property of each. The earnings and accumulations of minor children shall be the separate property of the spouse or domestic partner who has their custody or, if no custody award has been made, then the separate property of the spouse or domestic partner with whom said children are living. [2008 c 6 § 613; 1972 ex.s. c 108 § 5; Code 1881 § 2413; RRS § 6896.] 26.16.140 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 26.16.150 Rights of married persons or domestic partners in general. Every married person or domestic partner shall hereafter have the same right and liberty to acquire, hold, enjoy and dispose of every species of property, and to sue and be sued, as if he or she were unmarried or were not in a state registered domestic partnership. [2008 c 6 § 614; Code 1881 § 2396; RRS § 6900.] 26.16.150 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Separate property of spouse: RCW 26.16.010. of domestic partner: RCW 26.16.020. 26.16.160 Civil disabilities of wife abolished. All laws which impose or recognize civil disabilities upon a wife, which are not imposed or recognized as existing as to the husband, are hereby abolished, and for any unjust usurpation of her natural or property rights, she shall have the same right to appeal in her own individual name, to the courts of law or equity for redress and protection that the husband has: PROVIDED, ALWAYS, That nothing in *this chapter shall be construed to confer upon the wife any right to vote or hold office, except as otherwise provided by law. [Code 1881 § 2398; 1879 p 151 § 1; RRS § 6901.] 26.16.160 *Reviser’s note: "this chapter," see note following RCW 26.16.120. 26.16.180 Spouses or domestic partners may sue each other. Should either spouse or either domestic partner obtain possession or control of property belonging to the other, either before or after marriage or before or after entering into a state registered domestic partnership, the owner of the property may maintain an action therefor, or for any right growing out of the same, in the same manner and to the same extent as if they were unmarried or were not in a state registered 26.16.190 Liability for acts of other spouse or other domestic partner. For all injuries committed by a married person or domestic partner, there shall be no recovery against the separate property of the other spouse or other domestic partner except in cases where there would be joint responsibility if the marriage or the state registered domestic partnership did not exist. [2008 c 6 § 616; 1972 ex.s. c 108 § 6; Code 1881 § 2402; RRS § 6904.] 26.16.190 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 26.16.200 Debts incurred before marriage or domestic partnership—Separate debts—Child support obligation—Liability. Neither person in a marriage or state registered domestic partnership is liable for the debts or liabilities of the other incurred before marriage or state registered domestic partnership, nor for the separate debts of each other, nor is the rent or income of the separate property of either liable for the separate debts of the other: PROVIDED, That the earnings and accumulations of the spouse or domestic partner shall be available to the legal process of creditors for the satisfaction of debts incurred by such spouse or domestic partner prior to the marriage or the state registered domestic partnership. For the purpose of this section, neither person in the marriage or the state registered domestic partnership shall be construed to have any interest in the earnings of the other: PROVIDED FURTHER, That no separate debt, except a child support or maintenance obligation, may be the basis of a claim against the earnings and accumulations of either spouse or either domestic partner unless the same is reduced to judgment within three years of the marriage or the state registered domestic partnership of the parties. The obligation of a parent or stepparent to support a child may be collected out of the parent’s or stepparent’s separate property, the parent’s or stepparent’s earnings and accumulations, and the parent’s or stepparent’s share of community personal and real property. Funds in a community bank account which can be identified as the earnings of the nonobligated spouse or nonobligated domestic partner are exempt from satisfaction of the child support obligation of the debtor spouse or debtor domestic partner. [2008 c 6 § 617; 1983 1st ex.s. c 41 § 2; 1969 ex.s. c 121 § 1; Code 1881 § 2405; 1873 p 452 § 10; RRS § 6905.] 26.16.200 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060. Collection actions against community bank account: RCW 74.20A.120. 26.16.180 [Title 26 RCW—page 50] 26.16.205 Liability for family support—Support obligation of stepparent. The expenses of the family and the education of the children, including stepchildren, are chargeable upon the property of both spouses or both domestic partners, or either of them, and they may be sued jointly or separately. When a petition for dissolution of marriage or state registered domestic partnership or a petition for legal 26.16.205 (2008 Ed.) Rights and Liabilities—Community Property 26.16.240 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 26.16.230 Quasi-community property—Disposition at death. Upon the death of any person domiciled in this state, one-half of any quasi-community property shall belong to the surviving spouse or surviving domestic partner and the other one-half of such property shall be subject to disposition at death by the decedent, and in the absence thereof, shall descend in the manner provided for community property under chapter 11.04 RCW. [2008 c 6 § 621; 1988 c 34 § 2; 1986 c 72 § 2.] Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100. Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 26.16.210 Burden of proof in transactions between spouses or domestic partners. In every case, where any question arises as to the good faith of any transaction between spouses or between domestic partners, whether a transaction between them directly or by intervention of third person or persons, the burden of proof shall be upon the party asserting the good faith. [2008 c 6 § 619; Code 1881 § 2397; RRS § 5828.] 26.16.240 Quasi-community property—Effect of lifetime transfers—Claims by surviving spouse or surviving domestic partner—Waiver. (1) If a decedent domiciled in this state on the date of his or her death made a lifetime transfer of a property interest that is quasi-community property to a person other than the surviving spouse or surviving domestic partner within three years of death, then within the time for filing claims against the estate as provided by RCW 11.40.010, the surviving spouse or surviving domestic partner may require the transferee to restore to the decedent’s estate one-half of such property interest, if the transferee retains the property interest, and, if not, one-half of its proceeds, or, if none, one-half of its value at the time of transfer, if: (a) The decedent retained, at the time of death, the possession or enjoyment of or the right to income from the property interest; (b) The decedent retained, at the time of death, a power, either alone or in conjunction with any other person, to revoke or to consume, invade or dispose of the property interest for the decedent’s own benefit; or (c) The decedent held the property interest at the time of death with another with the right of survivorship. (2) Notwithstanding subsection (1) of this section, no such property interest, proceeds, or value may be required to be restored to the decedent’s estate if: (a) Such property interest was transferred for adequate consideration; (b) Such property interest was transferred with the consent of the surviving spouse or surviving domestic partner; or (c) The transferee purchased such property interest in property from the decedent while believing in good faith that the property or property interest was the separate property of the decedent and did not constitute quasi-community property. (3) All property interests, proceeds, or value restored to the decedent’s estate under this section shall belong to the surviving spouse or surviving domestic partner pursuant to RCW 26.16.230 as though the transfer had never been made. (4) The surviving spouse or surviving domestic partner may waive any right granted hereunder by written instrument filed in the probate proceedings. If the surviving spouse or surviving domestic partner acts as personal representative of the decedent’s estate and causes the estate to be closed before the time for exercising any right granted by this section expires, such closure shall act as a waiver by the surviving spouse or surviving domestic partner of any and all rights granted by this section. [2008 c 6 § 622; 1988 c 34 § 3; 1986 c 72 § 3.] separation is filed, the court may, upon motion of the stepparent, terminate the obligation to support the stepchildren. The obligation to support stepchildren shall cease upon the entry of a decree of dissolution, decree of legal separation, or death. [2008 c 6 § 618; 1990 1st ex.s. c 2 § 13; 1969 ex.s. c 207 § 1; Code 1881 § 2407; RRS § 6906. Formerly RCW 26.20.010.] 26.16.210 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 26.16.220 Quasi-community property defined. (1) Unless the context clearly requires otherwise, as used in RCW 26.16.220 through 26.16.250 "quasi-community property" means all personal property wherever situated and all real property described in subsection (2) of this section that is not community property and that was heretofore or hereafter acquired: (a) By the decedent while domiciled elsewhere and that would have been the community property of the decedent and of the decedent’s surviving spouse or surviving domestic partner had the decedent been domiciled in this state at the time of its acquisition; or (b) In derivation or in exchange for real or personal property, wherever situated, that would have been the community property of the decedent and his or her surviving spouse or surviving domestic partner if the decedent had been domiciled in this state at the time the original property was acquired. (2) For purposes of this section, real property includes: (a) Real property situated in this state; (b) Real property situated outside this state if the law of the state where the real property is located provides that the law of the decedent’s domicile at death shall govern the rights of the decedent’s surviving spouse or surviving domestic partner to a share of such property; and (c) Leasehold interests in real property described in (a) or (b) of this subsection. (3) For purposes of this section, all legal presumptions and principles applicable to the proper characterization of property as community property under the laws and decisions of this state shall apply in determining whether property would have been the community property of the decedent and his or her surviving spouse or surviving domestic partner under the provisions of subsection (1) of this section. [2008 c 6 § 620; 1988 c 34 § 1; 1986 c 72 § 1.] 26.16.220 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. (2008 Ed.) 26.16.230 26.16.240 [Title 26 RCW—page 51] 26.16.250 Title 26 RCW: Domestic Relations Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 26.16.250 Quasi-community property—Characterization limited to determination of disposition at death— Waiver by written agreement. The characterization of property as quasi-community property under this chapter shall be effective solely for the purpose of determining the disposition of such property at the time of a death, and such characterization shall not affect the rights of the decedent’s creditors. For all other purposes property characterized as quasi-community property under this chapter shall be characterized without regard to the provisions of this chapter. Both spouses or both domestic partners may waive, modify, or relinquish any quasi-community property right granted or created by this chapter by signed written agreement, wherever executed, before or after June 11, 1986, including without limitation, community property agreements, prenuptial and postnuptial agreements, or agreements as to status of property. [2008 c 6 § 623; 1988 c 34 § 4; 1986 c 72 § 4.] 26.16.250 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Chapter 26.18 Chapter 26.18 RCW CHILD SUPPORT ENFORCEMENT Sections 26.18.010 26.18.020 26.18.030 26.18.035 26.18.040 26.18.050 26.18.055 26.18.070 26.18.080 26.18.090 26.18.100 26.18.110 26.18.120 26.18.130 26.18.140 26.18.150 26.18.160 26.18.170 26.18.180 26.18.190 26.18.210 26.18.220 26.18.230 26.18.240 26.18.900 Legislative findings. Definitions. Application—Liberal construction. Other civil and criminal remedies applicable. Support or maintenance proceedings. Failure to comply with support or maintenance order—Contempt action—Order to show cause—Bench warrant—Continuing jurisdiction. Child support liens. Mandatory wage assignment—Petition or motion. Wage assignment order—Issuance—Information transmitted to state support registry. Wage assignment order—Contents—Amounts—Apportionment of disbursements. Wage assignment order—Form. Wage assignment order—Employer’s answer, duties, and liability—Priorities. Wage assignment order—Employer’s answer—Form. Wage assignment order—Service. Hearing to quash, modify, or terminate wage assignment order—Grounds—Alternate payment plan. Bond or other security. Costs. Health insurance coverage—Enforcement—Rules. Liability of employer or union—Penalties. Compensation paid by agency, self-insurer, or social security administration on behalf of child. Child support order summary report form. Standard court forms—Mandatory use. Residential time summary report form. Extension of rights and responsibilities—Domestic partnerships. Severability—1984 c 260. Child support registry: Chapter 26.23 RCW. Domestic violence prevention: Chapter 26.50 RCW. Family abandonment, penalty: RCW 26.20.030. Family nonsupport, penalty: RCW 26.20.035. Homestead subject to execution for child support or spousal maintenance: RCW 6.13.080. [Title 26 RCW—page 52] 26.18.010 26.18.010 Legislative findings. The legislature finds that there is an urgent need for vigorous enforcement of child support and maintenance obligations, and that stronger and more efficient statutory remedies need to be established to supplement and complement the remedies provided in chapters 26.09, 26.21A, 26.26, 74.20, and 74.20A RCW. [2008 c 6 § 1026; 1993 c 426 § 1; 1984 c 260 § 1.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 26.18.020 26.18.020 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Dependent child" means any child for whom a support order has been established or for whom a duty of support is owed. (2) "Duty of maintenance" means the duty to provide for the needs of a spouse or former spouse or domestic partner or former domestic partner imposed under chapter 26.09 RCW. (3) "Duty of support" means the duty to provide for the needs of a dependent child, which may include necessary food, clothing, shelter, education, and health care. The duty includes any obligation to make monetary payments, to pay expenses, including maintenance in cases in which there is a dependent child, or to reimburse another person or an agency for the cost of necessary support furnished a dependent child. The duty may be imposed by court order, by operation of law, or otherwise. (4) "Obligee" means the custodian of a dependent child, the spouse or former spouse or domestic partner or former domestic partner, or person or agency, to whom a duty of support or duty of maintenance is owed, or the person or agency to whom the right to receive or collect support or maintenance has been assigned. (5) "Obligor" means the person owing a duty of support or duty of maintenance. (6) "Support or maintenance order" means any judgment, decree, or order of support or maintenance issued by the superior court or authorized agency of the state of Washington; or a judgment, decree, or other order of support or maintenance issued by a court or agency of competent jurisdiction in another state or country, which has been registered or otherwise made enforceable in this state. (7) "Employer" includes the United States government, a state or local unit of government, and any person or entity who pays or owes earnings or remuneration for employment to the obligor. (8) "Earnings" means compensation paid or payable for personal services or remuneration for employment, whether denominated as wages, salary, commission, bonus, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy support or maintenance obligations, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW. (2008 Ed.) Child Support Enforcement (9) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of any amount required by law to be withheld. (10) "Department" means the department of social and health services. (11) "Health insurance coverage" includes any coverage under which medical services are provided by an employer or a union whether that coverage is provided through a selfinsurance program, under the employee retirement income security act of 1974, a commercial insurer pursuant to chapters 48.20 and 48.21 RCW, a health care service contractor pursuant to chapter 48.44 RCW, or a health maintenance organization pursuant to chapter 48.46 RCW, and the state through chapter 41.05 RCW. (12) "Insurer" means a commercial insurance company providing disability insurance under chapter 48.20 or 48.21 RCW, a health care service contractor providing health care coverage under chapter 48.44 RCW, a health maintenance organization providing comprehensive health care services under chapter 48.46 RCW, and shall also include any employer or union which is providing health insurance coverage on a self-insured basis. (13) "Remuneration for employment" means moneys due from or payable by the United States to an individual within the scope of 42 U.S.C. Sec. 659 and 42 U.S.C. Sec. 662(f). [2008 c 6 § 1027; 1993 c 426 § 2; 1989 c 416 § 2; 1987 c 435 § 17; 1984 c 260 § 2.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Effective date—1987 c 435: See RCW 26.23.900. 26.18.030 26.18.030 Application—Liberal construction. (1) The remedies provided in this chapter are in addition to, and not in substitution for, any other remedies provided by law. (2) This chapter applies to any dependent child, whether born before or after June 7, 1984, and regardless of the past or current marital status or domestic partnership status of the parents, and to a spouse or former spouse or domestic partner or former domestic partner. (3) This chapter shall be liberally construed to assure that all dependent children are adequately supported. [2008 c 6 § 1028; 1993 c 426 § 3; 1984 c 260 § 3.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 26.18.035 26.18.035 Other civil and criminal remedies applicable. Nothing in this chapter limits the authority of the attorney general or prosecuting attorney to use any and all civil and criminal remedies to enforce child support obligations regardless of whether or not the custodial parent receives public assistance payments. [1984 c 260 § 24.] 26.18.055 (2) Venue for the action is in the superior court of the county where the dependent child resides or is present, where the obligor or obligee resides, or where the prior support or maintenance order was entered. The petition or motion may be filed by the obligee, the state, or any agency providing care or support to the dependent child. A filing fee shall not be assessed in cases brought on behalf of the state of Washington. (3) The court retains continuing jurisdiction under this chapter until all duties of either support or maintenance, or both, of the obligor, including arrearages, have been satisfied. [2008 c 6 § 1029; 1993 c 426 § 4; 1984 c 260 § 4.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 26.18.050 Failure to comply with support or maintenance order—Contempt action—Order to show cause— Bench warrant—Continuing jurisdiction. (1) If an obligor fails to comply with a support or maintenance order, a petition or motion may be filed without notice under RCW 26.18.040 to initiate a contempt action as provided in chapter 7.21 RCW. If the court finds there is reasonable cause to believe the obligor has failed to comply with a support or maintenance order, the court may issue an order to show cause requiring the obligor to appear at a certain time and place for a hearing, at which time the obligor may appear to show cause why the relief requested should not be granted. A copy of the petition or motion shall be served on the obligor along with the order to show cause. (2) Service of the order to show cause shall be by personal service, or in the manner provided in the civil rules of superior court or applicable statute. (3) If the order to show cause served upon the obligor included a warning that an arrest warrant could be issued for failure to appear, the court may issue a bench warrant for the arrest of the obligor if the obligor fails to appear on the return date provided in the order. (4) If the obligor contends at the hearing that he or she lacked the means to comply with the support or maintenance order, the obligor shall establish that he or she exercised due diligence in seeking employment, in conserving assets, or otherwise in rendering himself or herself able to comply with the court’s order. (5) As provided in RCW 26.18.040, the court retains continuing jurisdiction under this chapter and may use a contempt action to enforce a support or maintenance order until the obligor satisfies all duties of support, including arrearages, that accrued pursuant to the support or maintenance order. [2008 c 6 § 1030; 1993 c 426 § 5; 1989 c 373 § 22; 1984 c 260 § 5.] 26.18.050 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Severability—1989 c 373: See RCW 7.21.900. 26.18.055 Child support liens. Child support debts, not paid when due, become liens by operation of law against all property of the debtor with priority of a secured creditor. This lien shall be separate and apart from, and in addition to, any other lien created by, or provided for, in this title. The lien attaches to all real and personal property of the debtor on the date of filing with the county auditor of the county in 26.18.055 26.18.040 26.18.040 Support or maintenance proceedings. (1) A proceeding to enforce a duty of support or maintenance is commenced: (a) By filing a petition for an original action; or (b) By motion in an existing action or under an existing cause number. (2008 Ed.) [Title 26 RCW—page 53] 26.18.070 Title 26 RCW: Domestic Relations which the property is located. Liens filed by other states or jurisdictions that comply with the procedural rules for filing liens under chapter 65.04 RCW shall be accorded full faith and credit and are enforceable without judicial notice or hearing. [2000 c 86 § 1; 1997 c 58 § 942.] Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. 26.18.070 Mandatory wage assignment—Petition or motion. (1) A petition or motion seeking a mandatory wage assignment in an action under RCW 26.18.040 may be filed by an obligee if the obligor is: (a) Subject to a support order allowing immediate income withholding; or (b) More than fifteen days past due in child support or maintenance payments in an amount equal to or greater than the obligation payable for one month. (2) The petition or motion shall include a sworn statement by the obligee, stating the facts authorizing the issuance of the wage assignment order, including: (a) That the obligor, stating his or her name and residence, is: (i) Subject to a support order allowing immediate income withholding; or (ii) More than fifteen days past due in child support or maintenance payments in an amount equal to or greater than the obligation payable for one month; (b) A description of the terms of the order requiring payment of support or maintenance, and the amount past due, if any; (c) The name and address of the obligor’s employer; (d) That notice by personal service or any form of mail requiring a return receipt, has been provided to the obligor at least fifteen days prior to the obligee seeking a mandatory wage assignment, unless the order for support or maintenance states that the obligee may seek a mandatory wage assignment without notice to the obligor; and (e) In cases not filed by the state, whether the obligee has received public assistance from any source and, if the obligee has received public assistance, that the department of social and health services has been notified in writing of the pending action. (3) If the court in which a mandatory wage assignment is sought does not already have a copy of the support or maintenance order in the court file, then the obligee shall attach a copy of the support or maintenance order to the petition or motion seeking the wage assignment. [2008 c 6 § 1031; 1994 c 230 § 3; 1993 c 426 § 6; 1987 c 435 § 18; 1984 c 260 § 7.] 26.18.070 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Effective date—1987 c 435: See RCW 26.23.900. 26.18.080 Wage assignment order—Issuance— Information transmitted to state support registry. (1) Upon receipt of a petition or motion seeking a mandatory wage assignment that complies with RCW 26.18.070, the court shall issue a wage assignment order, as provided in RCW 26.18.100 and including the information required in RCW 26.18.090(1), directed to the employer, and command26.18.080 [Title 26 RCW—page 54] ing the employer to answer the order on the forms served with the order that comply with RCW 26.18.120 within twenty days after service of the order upon the employer. (2) The clerk of the court shall forward a copy of the mandatory wage assignment order, a true and correct copy of the support orders in the court file, and a statement containing the obligee’s address and social security number shall be forwarded to the Washington state support registry within five days of the entry of the order. [1987 c 435 § 19; 1984 c 260 § 8.] Effective date—1987 c 435: See RCW 26.23.900. 26.18.090 Wage assignment order—Contents— Amounts—Apportionment of disbursements. (1) The wage assignment order in RCW 26.18.080 shall include: (a) The maximum amount of current support or maintenance, if any, to be withheld from the obligor’s earnings each month, or from each earnings disbursement; and (b) The total amount of the arrearage or reimbursement judgment previously entered by the court, if any, together with interest, if any. (2) The total amount to be withheld from the obligor’s earnings each month, or from each earnings disbursement, shall not exceed fifty percent of the disposable earnings of the obligor. If the amounts to be paid toward the arrearage are specified in the support or maintenance order, then the maximum amount to be withheld is the sum of: Either the current support or maintenance ordered, or both; and the amount ordered to be paid toward the arrearage, or fifty percent of the disposable earnings of the obligor, whichever is less. (3) The provisions of RCW 6.27.150 do not apply to wage assignments for child support or maintenance authorized under this chapter, but fifty percent of the disposable earnings of the obligor are exempt, and may be disbursed to the obligor. (4) If an obligor is subject to two or more attachments for child support on account of different obligees, the employer shall, if the nonexempt portion of the obligor’s earnings is not sufficient to respond fully to all the attachments, apportion the obligor’s nonexempt disposable earnings between or among the various obligees equally. Any obligee may seek a court order reapportioning the obligor’s nonexempt disposable earnings upon notice to all interested obligees. Notice shall be by personal service, or in the manner provided by the civil rules of superior court or applicable statute. (5) If an obligor is subject to two or more attachments for maintenance on account of different obligees, the employer shall, if the nonexempt portion of the obligor’s earnings is not sufficient to respond fully to all the attachments, apportion the obligor’s nonexempt disposable earnings between or among the various obligees equally. An obligee may seek a court order reapportioning the obligor’s nonexempt disposable earnings upon notice to all interested obligees. Notice shall be by personal service, or in the manner provided by the civil rules of superior court or applicable statute. [2008 c 6 § 1032; 1993 c 426 § 7; 1984 c 260 § 9.] 26.18.090 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 26.18.100 Wage assignment order—Form. The wage assignment order shall be substantially in the following form: 26.18.100 (2008 Ed.) Child Support Enforcement IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF . . . . . . . . . ............, Obligee vs. ............, Obligor ............, Employer No. . . . . WAGE ASSIGNMENT ORDER THE STATE OF WASHINGTON TO: . . . . . . . . . . . . . . Employer AND TO: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligor The above-named obligee claims that the above-named obligor is subject to a support order requiring immediate income withholding or is more than fifteen days past due in either child support or maintenance payments, or both, in an amount equal to or greater than the child support or maintenance payable for one month. The amount of the accrued child support or maintenance debt as of this date is . . . . . . dollars, the amount of arrearage payments specified in the support or maintenance order (if applicable) is . . . . . . dollars per . . . . . ., and the amount of the current and continuing support or maintenance obligation under the order is . . . . . . dollars per . . . . . . You are hereby commanded to answer this order by filling in the attached form according to the instructions, and you must mail or deliver the original of the answer to the court, one copy to the Washington state support registry, one copy to the obligee or obligee’s attorney, and one copy to the obligor within twenty days after service of this wage assignment order upon you. If you possess any earnings or other remuneration for employment due and owing to the obligor, then you shall do as follows: (1) Withhold from the obligor’s earnings or remuneration each month, or from each regular earnings disbursement, the lesser of: (a) The sum of the accrued support or maintenance debt and the current support or maintenance obligation; (b) The sum of the specified arrearage payment amount and the current support or maintenance obligation; or (c) Fifty percent of the disposable earnings or remuneration of the obligor. (2) The total amount withheld above is subject to the wage assignment order, and all other sums may be disbursed to the obligor. (3) Upon receipt of this wage assignment order you shall make immediate deductions from the obligor’s earnings or remuneration and remit to the Washington state support registry or other address specified below the proper amounts within five working days of each regular pay interval. You shall continue to withhold the ordered amounts from nonexempt earnings or remuneration of the obligor until notified by: (a) The court that the wage assignment has been modified or terminated; or (2008 Ed.) 26.18.100 (b) The addressee specified in the wage assignment order under this section that the accrued child support or maintenance debt has been paid. You shall promptly notify the court and the addressee specified in the wage assignment order under this section if and when the employee is no longer employed by you, or if the obligor no longer receives earnings or remuneration from you. If you no longer employ the employee, the wage assignment order shall remain in effect until you are no longer in possession of any earnings or remuneration owed to the employee. You shall deliver the withheld earnings or remuneration to the Washington state support registry or other address stated below within five working days of each regular pay interval. You shall deliver a copy of this order to the obligor as soon as is reasonably possible. This wage assignment order has priority over any other wage assignment or garnishment, except for another wage assignment or garnishment for child support or maintenance, or order to withhold or deliver under chapter 74.20A RCW. WHETHER OR NOT YOU OWE ANYTHING TO THE OBLIGOR, YOUR FAILURE TO ANSWER AS REQUIRED MAY MAKE YOU LIABLE FOR THE AMOUNT OF SUPPORT MONEYS THAT SHOULD HAVE BEEN WITHHELD FROM THE OBLIGOR’S EARNINGS OR SUBJECT TO CONTEMPT OF COURT. NOTICE TO OBLIGOR: YOU HAVE A RIGHT TO REQUEST A HEARING IN THE SUPERIOR COURT THAT ISSUED THIS WAGE ASSIGNMENT ORDER, TO REQUEST THAT THE COURT QUASH, MODIFY, OR TERMINATE THE WAGE ASSIGNMENT ORDER. REGARDLESS OF THE FACT THAT YOUR WAGES ARE BEING WITHHELD PURSUANT TO THIS ORDER, YOU MAY HAVE SUSPENDED OR NOT RENEWED A PROFESSIONAL, DRIVER’S, OR OTHER LICENSE IF YOU ACCRUE CHILD SUPPORT ARREARAGES TOTALING MORE THAN SIX MONTHS OF CHILD SUPPORT PAYMENTS OR FAIL TO MAKE PAYMENTS TOWARDS A SUPPORT ARREARAGE IN AN AMOUNT THAT EXCEEDS SIX MONTHS OF PAYMENTS. DATED THIS . . . . day of . . . ., 19. . . ..................... Obligee, or obligee’s attorney Send withheld payments to: ..................... Judge/Court Commissioner ..................... ..................... ..................... ..................... [2008 c 6 § 1033; 1998 c 77 § 1. Prior: 1997 c 296 § 10; 1997 c 58 § 889; 1994 c 230 § 4; 1993 c 426 § 8; 1991 c 367 § 20; 1989 c 416 § 10; 1987 c 435 § 20; 1984 c 260 § 10.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal [Title 26 RCW—page 55] 26.18.110 Title 26 RCW: Domestic Relations requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015. Effective date—1987 c 435: See RCW 26.23.900. 26.18.110 Wage assignment order—Employer’s answer, duties, and liability—Priorities. (1) An employer upon whom service of a wage assignment order has been made shall answer the order by sworn affidavit within twenty days after the date of service. The answer shall state whether the obligor is employed by or receives earnings or other remuneration from the employer, whether the employer will honor the wage assignment order, and whether there are either multiple child support or maintenance attachments, or both, against the obligor. (2) If the employer possesses any earnings or remuneration due and owing to the obligor, the earnings subject to the wage assignment order shall be withheld immediately upon receipt of the wage assignment order. The withheld earnings shall be delivered to the Washington state support registry or, if the wage assignment order is to satisfy a duty of maintenance, to the addressee specified in the assignment within five working days of each regular pay interval. (3) The employer shall continue to withhold the ordered amounts from nonexempt earnings or remuneration of the obligor until notified by: (a) The court that the wage assignment has been modified or terminated; or (b) The Washington state support registry or obligee that the accrued child support or maintenance debt has been paid, provided the wage assignment order contains the language set forth under RCW 26.18.100(3)(b). The employer shall promptly notify the addressee specified in the assignment when the employee is no longer employed. If the employer no longer employs the employee, the wage assignment order shall remain in effect for one year after the employee has left the employment or the employer has been in possession of any earnings or remuneration owed to the employee, whichever is later. The employer shall continue to hold the wage assignment order during that period. If the employee returns to the employer’s employment during the one-year period the employer shall immediately begin to withhold the employee’s earnings or remuneration according to the terms of the wage assignment order. If the employee has not returned within one year, the wage assignment shall cease to have effect at the expiration of the one-year period, unless the employer continues to owe remuneration for employment to the obligor. (4) The employer may deduct a processing fee from the remainder of the employee’s earnings after withholding under the wage assignment order, even if the remainder is exempt under RCW 26.18.090. The processing fee may not exceed (a) ten dollars for the first disbursement made by the employer to the Washington state support registry; and (b) one dollar for each subsequent disbursement to the clerk. (5) An order for wage assignment for support for a dependent child entered under this chapter shall have priority over any other wage assignment or garnishment, except for 26.18.110 [Title 26 RCW—page 56] another wage assignment or garnishment for child support, or order to withhold and deliver under chapter 74.20A RCW. An order for wage assignment for spousal maintenance entered under this chapter shall have priority over any other wage assignment or garnishment, except for a wage assignment, garnishment, or order to withhold and deliver under chapter 74.20A RCW for support of a dependent child, and except for another wage assignment or garnishment for maintenance. (6) An employer who fails to withhold earnings as required by a wage assignment issued under this chapter may be held liable to the obligee for one hundred percent of the support or maintenance debt, or the amount of support or maintenance moneys that should have been withheld from the employee’s earnings whichever is the lesser amount, if the employer: (a) Fails or refuses, after being served with a wage assignment order, to deduct and promptly remit from the unpaid earnings the amounts of money required in the order; (b) Fails or refuses to submit an answer to the notice of wage assignment after being served; or (c) Is unwilling to comply with the other requirements of this section. Liability may be established in superior court. Awards in superior court shall include costs, interest under RCW 19.52.020 and 4.56.110, and reasonable attorneys’ fees. (7) No employer who complies with a wage assignment issued under this chapter may be liable to the employee for wrongful withholding. (8) No employer may discharge, discipline, or refuse to hire an employee because of the entry or service of a wage assignment issued and executed under this chapter. If an employer discharges, disciplines, or refuses to hire an employee in violation of this section, the employee or person shall have a cause of action against the employer. The employer shall be liable for double the amount of damages suffered as a result of the violation and for costs and reasonable attorneys’ fees, and shall be subject to a civil penalty of not more than two thousand five hundred dollars for each violation. The employer may also be ordered to hire, rehire, or reinstate the aggrieved individual. (9) For wage assignments payable to the Washington state support registry, an employer may combine amounts withheld from various employees into a single payment to the Washington state support registry, if the payment includes a listing of the amounts attributable to each employee and other information as required by the registry. (10) An employer shall deliver a copy of the wage assignment order to the obligor as soon as is reasonably possible. [2008 c 6 § 1034; 1998 c 77 § 2; 1994 c 230 § 5; 1993 c 426 § 9; 1991 c 367 § 21; 1989 c 416 § 11; 1987 c 435 § 21; 1984 c 260 § 11.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015. Effective date—1987 c 435: See RCW 26.23.900. 26.18.120 Wage assignment order—Employer’s answer—Form. The answer of the employer shall be made 26.18.120 (2008 Ed.) Child Support Enforcement on forms, served on the employer with the wage assignment order, substantially as follows: IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF . . . . . . . . . ............ Obligee vs. ............ Obligor ............ Employer No. . . . . . . . . . . . . ANSWER TO WAGE ASSIGNMENT ORDER Yes . . . . . . No . . . . . . (check one). 2. Are there any other attachments for child support or maintenance currently in effect against the obligor? Yes . . . . . . No . . . . . . (check one). 3. If the answer to question one is yes and the employer cannot comply with the wage assignment order, provide an explanation: I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. ................... Signature of employer .................... Date and place ................... Signature of person answering for employer .................... .................... Address for future notice to employer ................... Connection with employer [2008 c 6 § 1035; 1993 c 426 § 10; 1984 c 260 § 12.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 26.18.130 Wage assignment order—Service. (1) Service of the wage assignment order on the employer is invalid unless it is served with five answer forms in substantial conformance with RCW 26.18.120, together with stamped envelopes addressed to, respectively, the clerk of the court where the order was issued, the Washington state support registry, the obligee’s attorney or the obligee, and the obligor. The obligee shall also include an extra copy of the wage assignment order for the employer to deliver to the obligor. Service on the employer shall be in person or by any form of mail requiring a return receipt. (2) On or before the date of service of the wage assignment order on the employer, the obligee shall mail or cause to be mailed by certified mail a copy of the wage assignment order to the obligor at the obligor’s last known post office address; or, in the alternative, a copy of the wage assignment order shall be served on the obligor in the same manner as a summons in a civil action on, before, or within two days after (2008 Ed.) the date of service of the order on the employer. This requirement is not jurisdictional, but if the copy is not mailed or served as this subsection provides, or if any irregularity appears with respect to the mailing or service, the superior court, in its discretion, may quash the wage assignment order, upon motion of the obligor promptly made and supported by an affidavit showing that the obligor has suffered substantial injury due to the failure to mail or serve the copy. [1987 c 435 § 22; 1984 c 260 § 13.] Effective date—1987 c 435: See RCW 26.23.900. 26.18.140 Hearing to quash, modify, or terminate wage assignment order—Grounds—Alternate payment plan. (1) Except as provided in subsection (2) of this section, in a hearing to quash, modify, or terminate the wage assignment order, the court may grant relief only upon a showing that the wage assignment order causes extreme hardship or substantial injustice. Satisfaction by the obligor of all past due payments subsequent to the issuance of the wage assignment order is not grounds to quash, modify, or terminate the wage assignment order. If a wage assignment order has been in operation for twelve consecutive months and the obligor’s support or maintenance obligation is current, the court may terminate the order upon motion of the obligor unless the obligee can show good cause as to why the wage assignment order should remain in effect. (2) The court may enter an order delaying, modifying, or terminating the wage assignment order and order the obligor to make payments directly to the obligee as provided in RCW 26.23.050(2). [2008 c 6 § 1036; 1994 c 230 § 6; 1993 c 426 § 11; 1991 c 367 § 22; 1984 c 260 § 14.] 26.18.140 1. At the time of the service of the wage assignment order on the employer, was the above-named obligor employed by or receiving earnings or other remuneration for employment from the employer? 26.18.130 26.18.160 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015. 26.18.150 Bond or other security. (1) In any action to enforce a support or maintenance order under Title 26 RCW, the court may, in its discretion, order a parent obligated to pay support for a minor child or person owing a duty of maintenance to post a bond or other security with the court. The bond or other security shall be in the amount of support or maintenance due for a two-year period. The bond or other security is subject to approval by the court. The bond shall include the name and address of the issuer. If the bond is canceled, any person issuing a bond under this section shall notify the court and the person entitled to receive payment under the order. (2) If the obligor fails to make payments as required under the court order, the person entitled to receive payment may recover on the bond or other security in the existing proceeding. The court may, after notice and hearing, increase the amount of the bond or other security. Failure to comply with the court’s order to obtain and maintain a bond or other security may be treated as contempt of court. [2008 c 6 § 1037; 1993 c 426 § 12; 1984 c 260 § 15.] 26.18.150 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 26.18.160 Costs. In any action to enforce a support or maintenance order under this chapter, the prevailing party is 26.18.160 [Title 26 RCW—page 57] 26.18.170 Title 26 RCW: Domestic Relations entitled to a recovery of costs, including an award for reasonable attorney fees. An obligor may not be considered a prevailing party under this section unless the obligee has acted in bad faith in connection with the proceeding in question. [1993 c 426 § 13; 1984 c 260 § 25.] 26.18.170 Health insurance coverage—Enforcement—Rules. (1) Whenever a parent who has been ordered to provide health insurance coverage for a dependent child fails to provide such coverage or lets it lapse, the department or a parent may seek enforcement of the coverage order as provided under this section. (2)(a) If the parent’s order to provide health insurance coverage contains language notifying the parent that failure to provide such coverage or proof that such coverage is unavailable may result in direct enforcement of the order and orders payments through, or has been submitted to, the Washington state support registry for enforcement, then the department may, without further notice to the parent, send a national medical support notice pursuant to 42 U.S.C. Sec. 666(a)(19), and sections 401 (e) and (f) of the federal child support and performance incentive act of 1998 to the parent’s employer or union. The notice shall be served: (i) By regular mail; (ii) In the manner prescribed for the service of a summons in a civil action; (iii) By certified mail, return receipt requested; or (iv) By electronic means if there is an agreement between the secretary of the department and the person, firm, corporation, association, political subdivision, department of the state, or agency, subdivision, or instrumentality of the United States to accept service by electronic means. (b) The notice shall require the employer or union to enroll the child in the health insurance plan as provided in subsection (3) of this section. (c) The returned part A of the national medical support notice to the division of child support by the employer constitutes proof of service of the notice in the case where the notice was served by regular mail. (d) If the parent’s order to provide health insurance coverage does not order payments through, and has not been submitted to, the Washington state support registry for enforcement: (i) The parent seeking enforcement may, without further notice to the other parent, send a certified copy of the order requiring health insurance coverage to the obligor’s employer or union by certified mail, return receipt requested; and (ii) The parent seeking enforcement shall attach a notarized statement to the order declaring that the order is the latest order addressing coverage entered by the court and require the employer or union to enroll the child in the health insurance plan as provided in subsection (3) of this section. (3) Upon receipt of an order that provides for health insurance coverage: (a) The parent’s employer or union shall answer the party who sent the order within twenty days and confirm that the child: (i) Has been enrolled in the health insurance plan; (ii) Will be enrolled; or (iii) Cannot be covered, stating the reasons why such coverage cannot be provided; 26.18.170 [Title 26 RCW—page 58] (b) The employer or union shall withhold any required premium from the parent’s income or wages; (c) If more than one plan is offered by the employer or union, and each plan may be extended to cover the child, then the child shall be enrolled in the parent’s plan. If the parent’s plan does not provide coverage which is accessible to the child, the child shall be enrolled in the least expensive plan otherwise available to the parent; (d) The employer or union shall provide information about the name of the health insurance coverage provider or issuer and the extent of coverage available to the parent and shall make available any necessary claim forms or enrollment membership cards. (4) Upon receipt of a national medical support notice from a child support agency operating under Title IV-D of the federal social security act: (a) The parent’s employer or union shall comply with the provisions of the notice, including meeting response time frames and withholding requirements required under part A of the notice; (b) The parent’s employer or union shall also be responsible for complying with forwarding part B of the notice to the child’s plan administrator, if required by the notice; (c) The plan administrator shall be responsible for complying with the provisions of the notice. (5) If the order for coverage contains no language notifying either or both parents that failure to provide health insurance coverage or proof that such coverage is unavailable may result in direct enforcement of the order, the department or the parent seeking enforcement may serve a written notice of intent to enforce the order on the other parent by certified mail, return receipt requested, or by personal service. If the parent required to provide medical support fails to provide written proof that such coverage has been obtained or applied for or fails to provide proof that such coverage is unavailable within twenty days of service of the notice, the department or the parent seeking enforcement may proceed to enforce the order directly as provided in subsection (2) of this section. (6) If the parent ordered to provide health insurance coverage elects to provide coverage that will not be accessible to the child because of geographic or other limitations when accessible coverage is otherwise available, the department or the parent seeking enforcement may serve a written notice of intent to purchase health insurance coverage on the parent required to provide medical support by certified mail, return receipt requested. The notice shall also specify the type and cost of coverage. (7) If the department serves a notice under subsection (6) of this section the parent required to provide medical support shall, within twenty days of the date of service: (a) File an application for an adjudicative proceeding; or (b) Provide written proof to the department that the parent has either applied for, or obtained, coverage accessible to the child. (8) If the parent seeking enforcement serves a notice under subsection (6) of this section, within twenty days of the date of service the parent required to provide medical support shall provide written proof to the parent seeking enforcement that the parent required to provide medical support has either applied for, or obtained, coverage accessible to the child. (2008 Ed.) Child Support Enforcement (9) If the parent required to provide medical support fails to respond to a notice served under subsection (6) of this section to the party who served the notice, the party who served the notice may purchase the health insurance coverage specified in the notice directly. The amount of the monthly premium shall be added to the support debt and be collectible without further notice. The amount of the monthly premium may be collected or accrued until the parent required to provide medical support provides proof of the required coverage. (10) The signature of the parent seeking enforcement or of a department employee shall be a valid authorization to the coverage provider or issuer for purposes of processing a payment to the child’s health services provider. An order for health insurance coverage shall operate as an assignment of all benefit rights to the parent seeking enforcement or to the child’s health services provider, and in any claim against the coverage provider or issuer, the parent seeking enforcement or his or her assignee shall be subrogated to the rights of the parent obligated to provide medical support for the child. Notwithstanding the provisions of this section regarding assignment of benefits, this section shall not require a health care service contractor authorized under chapter 48.44 RCW or a health maintenance organization authorized under chapter 48.46 RCW to deviate from their contractual provisions and restrictions regarding reimbursement for covered services. If the coverage is terminated, the employer shall mail a notice of termination to the department or the parent seeking enforcement at that parent’s last known address within thirty days of the termination date. (11) This section shall not be construed to limit the right of the parents or parties to the support order to bring an action in superior court at any time to enforce, modify, or clarify the original support order. (12) Where a child does not reside in the issuer’s service area, an issuer shall cover no less than urgent and emergent care. Where the issuer offers broader coverage, whether by policy or reciprocal agreement, the issuer shall provide such coverage to any child otherwise covered that does not reside in the issuer’s service area. (13) If a parent required to provide medical support fails to pay his or her portion, determined under RCW 26.19.080, of any deductible, copay, or uninsured medical expense incurred on behalf of the child, pursuant to a child support order, the department or the obligee parent may enforce collection of that parent’s portion of the deductible, copay, or uninsured medical expense incurred on behalf of the child. If the department is enforcing the order, the parent required to provide medical support shall have his or her portion of the deductible, copay, or uninsured medical expenses incurred on behalf of the child added to the support debt and be collectible without further notice, following the reduction of the expenses to a sum certain either in a court order or by the department, pursuant to RCW 26.23.110. (14) The department has rule-making authority to enact rules consistent with 42 U.S.C. Sec. 652(f) and 42 U.S.C. Sec. 666(a)(19) as amended by section 7307 of the deficit reduction act of 2005. Additionally, the department has rulemaking authority to implement regulations required under parts 45 C.F.R. 302, 303, 304, 305, and 308. [2007 c 143 § 1; 2000 c 86 § 2; 1995 c 34 § 7; 1994 c 230 § 7; 1993 c 426 § 14; 1989 c 416 § 5.] (2008 Ed.) 26.18.210 Severability—2007 c 143: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2007 c 143 § 10.] 26.18.180 Liability of employer or union—Penalties. (1) An obligated parent’s employer or union shall be liable for a fine of up to one thousand dollars per occurrence, if the employer or union fails or refuses, within twenty days of receiving the order or notice for health insurance coverage to: (a) Promptly enroll the obligated parent’s child in the health insurance plan; or (b) Make a written answer to the person or entity who sent the order or notice for health insurance coverage stating that the child: (i) Will be enrolled in the next available open enrollment period; or (ii) Cannot be covered and explaining the reasons why coverage cannot be provided. (2) Liability may be established and the fine may be collected by the office of support enforcement under chapter 74.20A or 26.23 RCW using any of the remedies contained in those chapters. (3) Any employer or union who enrolls a child in a health insurance plan in compliance with chapter 26.18 RCW shall be exempt from liability resulting from such enrollment. [2000 c 86 § 3; 1989 c 416 § 9.] 26.18.180 26.18.190 Compensation paid by agency, selfinsurer, or social security administration on behalf of child. (1) When the department of labor and industries or a self-insurer pays compensation under chapter 51.32 RCW on behalf of or on account of the child or children of the injured worker for whom the injured worker owes a duty of child support, the amount of compensation the department or selfinsurer pays on behalf of the child or children shall be treated for all purposes as if the injured worker paid the compensation toward satisfaction of the injured worker’s child support obligations. (2) When the social security administration pays social security disability dependency benefits, retirement benefits, or survivors insurance benefits on behalf of or on account of the child or children of a disabled person, a retired person, or a deceased person, the amount of benefits paid for the child or children shall be treated for all purposes as if the disabled person, the retired person, or the deceased person paid the benefits toward the satisfaction of that person’s child support obligation for that period for which benefits are paid. (3) Under no circumstances shall the person who has the obligation to make the transfer payment have a right to reimbursement of any compensation paid under subsection (1) or (2) of this section. [1995 c 236 § 1; 1990 1st ex.s. c 2 § 17.] 26.18.190 Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100. 26.18.210 Child support order summary report form. (1) The administrative office of the courts shall develop a child support order summary report form to provide for the reporting of summary information in every case in which a child support order is entered or modified either judicially or administratively. The child support order sum26.18.210 [Title 26 RCW—page 59] 26.18.220 Title 26 RCW: Domestic Relations mary report must be included at the top of the first page of the Washington state child support worksheets, but must not be considered part of the worksheets. (2) The child support order summary report form must include all data the department of social and health services division of child support has determined necessary, in order to perform the required quadrennial review of the Washington state child support guidelines under RCW 26.19.025. The division of child support must store and maintain all of the order summary report information and prepare a report at least every four years. On a monthly basis, the clerk of the court must forward all child support worksheets that have been filed with the court to the division of child support. [2007 c 313 § 4; 2005 c 282 § 33; 1990 1st ex.s. c 2 § 22.] Findings—2007 c 313: See note following RCW 26.19.025. Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100. 26.18.220 Standard court forms—Mandatory use. (1) The administrative office of the courts shall develop not later than July 1, 1991, standard court forms and format rules for mandatory use by litigants in all actions commenced under chapters 26.09, 26.10, and 26.26 RCW effective January 1, 1992. The administrator for the courts shall develop mandatory forms for financial affidavits for integration into the worksheets. The forms shall be developed and approved not later than September 1, 1992. The parties shall use the mandatory form for financial affidavits for actions commenced on or after September 1, 1992. The administrative office of the courts has continuing responsibility to develop and revise mandatory forms and format rules as appropriate. (2) A party may delete unnecessary portions of the forms according to the rules established by the administrative office of the courts. A party may supplement the mandatory forms with additional material. (3) A party’s failure to use the mandatory forms or follow the format rules shall not be a reason to dismiss a case, refuse a filing, or strike a pleading. However, the court may require the party to submit a corrected pleading and may impose terms payable to the opposing party or payable to the court, or both. (4) The administrative office of the courts shall distribute a master copy of the forms to all county court clerks. The administrative office of the courts and county clerks shall distribute the mandatory forms to the public upon request and may charge for the cost of production and distribution of the forms. Private vendors may distribute the mandatory forms. Distribution may be in printed or electronic form. [2005 c 282 § 34; 1992 c 229 § 5; 1990 1st ex.s. c 2 § 25.] 26.18.220 Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100. 26.18.230 Residential time summary report form. (1) The administrative office of the courts in consultation with the department of social and health services, division of child support, shall develop a residential time summary report form to provide for the reporting of summary information in every case in which residential time with children is to be established or modified. (2) The residential time summary report must include at a minimum: A breakdown of residential schedules with a 26.18.230 [Title 26 RCW—page 60] reasonable degree of specificity regarding actual time with each parent, including enforcement practices, representation status of the parties, whether domestic violence, child abuse, chemical dependency, or mental health issues exist, and whether the matter was agreed or contested. (3) The division of child support shall compile and electronically transmit the information in the residential time summary reports to the administrative office of the courts for purposes of tracking residential time awards by parent, enforcement practices, representation status of the parties, the existence of domestic violence, child abuse, chemical dependency, or mental health issues and whether the matter was agreed or contested. (4) The administrative office of the courts shall report the compiled information, organized by each county, on at least an annual basis. The information shall be itemized by quarter. These reports shall be made publicly available through the judicial information public access services and shall not contain any personal identifying information of parties in the proceedings. [2007 c 496 § 702.] Part headings not law—2007 c 496: See note following RCW 26.09.002. 26.18.240 Extension of rights and responsibilities— Domestic partnerships. (1) For the purposes of chapter 26.21A RCW, any privilege, immunity, right, benefit, or responsibility granted or imposed by chapter 26.21A RCW, the uniform interstate family support act, to or on an individual because the individual is or was married is granted or imposed on equivalent terms, substantive and procedural, to or on an individual who is or was in a domestic partnership. (2) For the purposes of chapter 26.21A RCW, any privilege, immunity, right, benefit, or responsibility granted or imposed by chapter 26.21A RCW, the uniform interstate family support act, to or on a spouse with respect to a child is granted or imposed on equivalent terms, substantive and procedural, to or on a domestic partner with respect to a child. [2008 c 6 § 1048.] 26.18.240 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 26.18.900 Severability—1984 c 260. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1984 c 260 § 43.] 26.18.900 Chapter 26.19 Chapter 26.19 RCW CHILD SUPPORT SCHEDULE Sections 26.19.001 26.19.011 26.19.020 26.19.025 26.19.026 26.19.027 26.19.035 26.19.045 26.19.050 Legislative intent and finding. Definitions. Child support economic table. Quadrennial review of child support guidelines and child support review report—Work group membership—Report to legislature. Joint legislative audit and review committee review and analysis—Report. Work group review and recommendations. Standards for application of the child support schedule. Veterans’ disability pensions, compensation for disability, and aid and attendant care payments. Worksheets and instructions. (2008 Ed.) Child Support Schedule 26.19.055 26.19.065 26.19.071 26.19.075 26.19.080 26.19.090 26.19.100 Payments for attendant services in cases of disability. Standards for establishing lower and upper limits on child support amounts. Standards for determination of income. Standards for deviation from the standard calculation. Allocation of child support obligation between parents— Court-ordered day care or special child rearing expenses. Standards for postsecondary educational support awards. Federal income tax exemptions. 26.19.001 Legislative intent and finding. The legislature intends, in establishing a child support schedule, to insure that child support orders are adequate to meet a child’s basic needs and to provide additional child support commensurate with the parents’ income, resources, and standard of living. The legislature also intends that the child support obligation should be equitably apportioned between the parents. The legislature finds that these goals will be best achieved by the adoption and use of a statewide child support schedule. Use of a statewide schedule will benefit children and their parents by: (1) Increasing the adequacy of child support orders through the use of economic data as the basis for establishing the child support schedule; (2) Increasing the equity of child support orders by providing for comparable orders in cases with similar circumstances; and (3) Reducing the adversarial nature of the proceedings by increasing voluntary settlements as a result of the greater predictability achieved by a uniform statewide child support schedule. [1988 c 275 § 1.] 26.19.001 Effective dates—1988 c 275: "Except for sections 4, 8, and 9 of this act, this act shall take effect July 1, 1988. Sections 4 and 8 of this act are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately [March 24, 1988]." [1988 c 275 § 23.] Severability—1988 c 275: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1988 c 275 § 24.] 26.19.011 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Basic child support obligation" means the monthly child support obligation determined from the economic table based on the parties’ combined monthly net income and the number of children for whom support is owed. (2) "Child support schedule" means the standards, economic table, worksheets, and instructions, as defined in this chapter. (3) "Court" means a superior court judge, court commissioner, and presiding and reviewing officers who administratively determine or enforce child support orders. (4) "Deviation" means a child support amount that differs from the standard calculation. (5) "Economic table" means the child support table for the basic support obligation provided in RCW 26.19.020. (6) "Instructions" means the instructions developed by the administrative office of the courts pursuant to RCW 26.19.050 for use in completing the worksheets. (7) "Standards" means the standards for determination of child support as provided in this chapter. 26.19.011 (2008 Ed.) 26.19.020 (8) "Standard calculation" means the presumptive amount of child support owed as determined from the child support schedule before the court considers any reasons for deviation. (9) "Support transfer payment" means the amount of money the court orders one parent to pay to another parent or custodian for child support after determination of the standard calculation and deviations. If certain expenses or credits are expected to fluctuate and the order states a formula or percentage to determine the additional amount or credit on an ongoing basis, the term "support transfer payment" does not mean the additional amount or credit. (10) "Worksheets" means the forms developed by the administrative office of the courts pursuant to RCW 26.19.050 for use in determining the amount of child support. [2005 c 282 § 35; 1991 sp.s. c 28 § 4.] Severability—Effective date—Captions not law—1991 sp.s. c 28: See notes following RCW 26.09.100. 26.19.020 Child support economic table. 26.19.020 ECONOMIC TABLE MONTHLY BASIC SUPPORT OBLIGATION PER CHILD KEY: A= AGE 0-11 B= AGE 12-18 COMBINED MONTHLY NET INCOME ONE CHILD FAMILY TWO CHILDREN FAMILY A B A B 0 100 200 300 For income less than $600 the obligation is based 400 upon the resources and living expenses of each 500 household. Minimum support shall not be less than $25 per child per month except when allowed by RCW 26.19.065(2). 600 133 164 103 127 700 155 191 120 148 800 177 218 137 170 900 199 246 154 191 1000 220 272 171 211 1100 242 299 188 232 1200 264 326 205 253 1300 285 352 221 274 1400 307 379 238 294 1500 327 404 254 313 1600 347 428 269 333 1700 367 453 285 352 1800 387 478 300 371 1900 407 503 316 390 2000 427 527 331 409 2100 447 552 347 429 2200 467 577 362 448 2300 487 601 378 467 2400 506 626 393 486 2500 526 650 408 505 2600 534 661 416 513 2700 542 670 421 520 [Title 26 RCW—page 61] 26.19.020 Title 26 RCW: Domestic Relations 2800 2900 3000 3100 3200 3300 3400 3500 3600 3700 3800 3900 4000 4100 4200 4300 4400 4500 4600 4700 4800 4900 5000 5100 5200 5300 5400 5500 5600 5700 5800 5900 6000 6100 6200 6300 6400 6500 6600 6700 6800 6900 7000 549 556 561 566 569 573 574 575 577 578 581 596 609 623 638 651 664 677 689 701 713 726 738 751 763 776 788 800 812 825 837 850 862 875 887 899 911 924 936 949 961 974 986 679 686 693 699 704 708 710 711 712 713 719 736 753 770 788 805 821 836 851 866 882 897 912 928 943 959 974 989 1004 1019 1035 1050 1065 1081 1096 1112 1127 1142 1157 1172 1188 1203 1218 427 431 436 439 442 445 446 447 448 449 452 463 473 484 495 506 516 525 535 545 554 564 574 584 593 602 612 622 632 641 650 660 670 680 689 699 709 718 728 737 747 757 767 527 533 538 543 546 549 551 552 553 554 558 572 584 598 611 625 637 649 661 673 685 697 708 720 732 744 756 768 779 791 803 815 827 839 851 863 875 887 899 911 923 935 946 COMBINED MONTHLY 0 100 200 300 400 500 FIVE CHILDREN CHILDREN FAMILY FAMILY FAMILY A INCOME FOUR CHILDREN NET THREE A A B B B For income less than $600 the obligation is based upon the resources and living expenses of each household. Minimum support shall not be less than $25 per child per month except when allowed by RCW 26.19.065(2). [Title 26 RCW—page 62] 600 700 800 900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 2400 2500 2600 2700 2800 2900 3000 3100 3200 3300 3400 3500 3600 3700 3800 3900 4000 4100 4200 4300 4400 4500 4600 4700 4800 4900 5000 5100 5200 5300 86 100 115 129 143 157 171 185 199 212 225 238 251 264 277 289 302 315 328 341 346 351 356 360 364 367 369 371 372 373 374 375 377 386 395 404 413 422 431 438 446 455 463 470 479 487 494 503 106 124 142 159 177 194 211 228 246 262 278 294 310 326 342 358 374 390 406 421 428 435 440 445 449 453 457 459 460 461 462 463 466 477 488 500 511 522 532 542 552 562 572 581 592 602 611 621 73 85 97 109 121 133 144 156 168 179 190 201 212 223 234 245 256 267 278 288 293 298 301 305 308 310 312 314 315 316 317 318 319 326 334 341 350 357 364 371 377 384 391 398 404 411 418 425 90 105 120 135 149 164 179 193 208 221 235 248 262 275 289 303 316 330 343 356 362 368 372 376 380 383 386 388 389 390 391 392 394 404 413 422 431 441 449 458 467 475 483 491 500 509 517 525 63 74 84 95 105 116 126 136 147 156 166 175 185 194 204 213 223 233 242 251 256 259 262 266 268 270 272 273 274 275 276 277 278 284 291 298 305 311 317 323 329 335 341 347 353 359 365 371 78 91 104 118 130 143 156 168 181 193 205 217 228 240 252 264 276 288 299 311 316 321 324 328 331 334 336 339 340 341 342 343 344 352 360 368 377 385 392 400 407 414 422 429 437 443 451 458 (2008 Ed.) Child Support Schedule 5400 5500 5600 5700 5800 5900 6000 6100 6200 6300 6400 6500 6600 6700 6800 6900 7000 511 518 527 535 543 551 559 567 575 583 591 599 607 615 623 631 639 632 641 651 661 671 681 691 701 710 721 731 740 750 761 770 780 790 432 439 446 452 459 466 473 479 486 493 500 506 513 520 527 533 540 533 542 551 559 567 575 584 593 601 609 617 626 635 643 651 659 668 377 383 389 395 401 407 413 418 424 430 436 442 448 454 460 466 472 466 473 480 488 495 502 509 517 524 532 539 546 554 561 568 575 583 The economic table is presumptive for combined monthly net incomes up to and including five thousand dollars. When combined monthly net income exceeds five thousand dollars, support shall not be set at an amount lower than the presumptive amount of support set for combined monthly net incomes of five thousand dollars unless the court finds a reason to deviate below that amount. The economic table is advisory but not presumptive for combined monthly net incomes that exceed five thousand dollars. When combined monthly net income exceeds seven thousand dollars, the court may set support at an advisory amount of support set for combined monthly net incomes between five thousand and seven thousand dollars or the court may exceed the advisory amount of support set for combined monthly net incomes of seven thousand dollars upon written findings of fact. [1998 c 163 § 2; 1991 c 367 § 25; 1990 1st ex.s. c 2 § 19; 1989 c 175 § 76; 1988 c 275 § 3.] Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015. Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100. Effective date—1989 c 175: See note following RCW 34.05.010. Effective dates—Severability—1988 c 275: See notes following RCW 26.19.001. 26.19.025 26.19.025 Quadrennial review of child support guidelines and child support review report—Work group membership—Report to legislature. (1) Beginning in 2011 and every four years thereafter, the division of child support shall convene a work group to review the child support guidelines and the child support review report prepared under RCW 26.19.026 and determine if the application of the child support guidelines results in appropriate support orders. Membership of the work group shall be determined as provided in this subsection. (a) The president of the senate shall appoint one member from each of the two largest caucuses of the senate; (2008 Ed.) 26.19.026 (b) The speaker of the house of representatives shall appoint one member from each of the two largest caucuses of the house of representatives; (c) The governor, in consultation with the division of child support, shall appoint the following members: (i) The director of the division of child support; (ii) A professor of law specializing in family law; (iii) A representative from the Washington state bar association’s family law executive committee; (iv) An economist; (v) A representative of the tribal community; (vi) Two representatives from the superior court judges association, including a superior court judge and a court commissioner who is familiar with child support issues; (vii) A representative from the administrative office of the courts; (viii) A prosecutor appointed by the Washington association of prosecuting attorneys; (ix) A representative from legal services; (x) Three noncustodial parents, each of whom may be a representative of an advocacy group, an attorney, or an individual, with at least one representing the interests of lowincome, noncustodial parents; (xi) Three custodial parents, each of whom may be a representative of an advocacy group, an attorney, or an individual, with at least one representing the interests of lowincome, custodial parents; and (xii) An administrative law judge appointed by the office of administrative hearings. (2) Appointments to the work group shall be made by December 1, 2010, and every four years thereafter. The governor shall appoint the chair from among the work group membership. (3) The division of child support shall provide staff support to the work group, and shall carefully consider all input received from interested organizations and individuals during the review process. (4) The work group may form an executive committee, create subcommittees, designate alternative representatives, and define other procedures, as needed, for operation of the work group. (5) Legislative members of the work group shall be reimbursed for travel expenses under RCW 44.04.120. Nonlegislative members, except those representing an employee or organization, are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. (6) By October 1, 2011, and every four years thereafter, the work group shall report its findings and recommendations to the legislature, including recommendations for legislative action, if necessary. [2007 c 313 § 5; 1991 c 367 § 26.] Findings—2007 c 313: "Federal law requires the states to periodically review and update their child support guidelines. Accurate and consistent reporting of the terms of child support orders entered by the courts or administrative agencies in Washington state is necessary in order to accomplish a review of the child support guidelines. In addition, a process for review of the guidelines should be established to ensure the integrity of any reviews undertaken to comply with federal law." [2007 c 313 § 1.] Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015. 26.19.026 Joint legislative audit and review committee review and analysis—Report. (Expires July 1, 2011.) 26.19.026 [Title 26 RCW—page 63] 26.19.027 Title 26 RCW: Domestic Relations By July 1, 2010, the joint legislative audit and review committee shall: (1) Review and analyze data collected from the order summary report, the recommendations of the child support work group in RCW 26.19.027, the current child support guidelines, and other relevant research and data regarding the cost of child rearing, as well as research and data on the application of, and deviations from, the child support guidelines. (2) Prepare a report on the application of the current child support guidelines and the recommendations of the work group. This section expires July 1, 2011. [2007 c 313 § 6.] Findings—2007 c 313: See note following RCW 26.19.025. 26.19.027 Work group review and recommendations. (Expires June 30, 2009.) (1) By August 1, 2007, the division of child support shall convene a work group to examine the current laws, administrative rules, and practices regarding child support, with members as provided in this subsection. The objective of the work group shall be to continue the work of the 2005 child support guidelines work group, and produce findings and recommendations to the legislature, including recommendations for legislative action, by December 30, 2008. (a) The speaker of the house of representatives shall appoint one member from each of the two largest caucuses of the house of representatives; (b) The president of the senate shall appoint one member from each of the two largest caucuses in the senate; (c) The governor, in consultation with the division of child support, shall appoint the following members: (i) The director of the division of child support; (ii) A professor of law specializing in family law; (iii) A representative from the Washington state bar association’s family law executive committee; (iv) An economist; (v) A representative of the tribal community; (vi) Two representatives from the superior court judges association, including a superior court judge and a court commissioner who is familiar with child support issues; (vii) A representative from the administrative office of the courts; (viii) A prosecutor appointed by the Washington association of prosecuting attorneys; (ix) A representative from legal services; (x) Three noncustodial parents, each of whom may be a representative of an advocacy group, an attorney, or an individual, with at least one representing the interests of lowincome, noncustodial parents; (xi) Three custodial parents, each of whom may be a representative of an advocacy group, an attorney, or an individual, with at least one representing the interests of lowincome, custodial parents; (xii) An administrative law judge appointed by the office of administrative hearings. (2) The director of the division of child support shall serve as chair of the work group. (3) The division of child support shall provide staff support to the work group. 26.19.027 [Title 26 RCW—page 64] (4) The work group shall review and make recommendations to the legislature and the governor regarding the child support guidelines in Washington state. In preparing the recommendations, the work group shall, at a minimum, review the following issues: (a) How the support schedule and guidelines shall treat children from other relationships, including whether the whole family formula should be applied presumptively; (b) Whether the economic table for calculating child support should include combined income greater than five thousand dollars; (c) Whether the economic table should start at one hundred twenty-five percent of the federal poverty guidelines, and move upward in one hundred dollar increments; (d) Whether the economic table should distinguish between children under twelve years of age and over twelve years of age; (e) Whether child care costs and ordinary medical costs should be included in the economic table, or treated separately; (f) Whether the estimated cost of child rearing, as reflected in the economic table, should be based on the Rothbarth estimate, the Engle estimator, or some other basis for calculating the cost of child rearing; (g) Whether the self-support reserve should be tied to the federal poverty level; (h) How to treat imputation of income for purposes of calculating the child support obligation, including whether minimum wage should be imputed in the absence of adequate information regarding income; (i) How extraordinary medical expenses should be addressed, either through the basic child support obligation or independently; (j) Whether the amount of the presumptive minimum order should be adjusted; (k) Whether gross or net income should be used for purposes of calculating the child support obligation; (l) How to treat overtime income or income from a second job for purposes of calculating the child support obligation; (m) Whether the noncustodial parent’s current child support obligation should be limited to forty-five percent of net income; and (n) Whether the residential schedule should affect the amount of the child support obligation. (5) Legislative members of the work group shall be reimbursed for travel expenses under RCW 44.04.120. Nonlegislative members, except those representing an employee or organization, are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. (6) This section expires June 30, 2009. [2007 c 313 § 7.] Findings—2007 c 313: See note following RCW 26.19.025. 26.19.035 Standards for application of the child support schedule. (1) Application of the child support schedule. The child support schedule shall be applied: (a) In each county of the state; (b) In judicial and administrative proceedings under this title or Title 13 or 74 RCW; 26.19.035 (2008 Ed.) Child Support Schedule (c) In all proceedings in which child support is determined or modified; (d) In setting temporary and permanent support; (e) In automatic modification provisions or decrees entered pursuant to RCW 26.09.100; and (f) In addition to proceedings in which child support is determined for minors, to adult children who are dependent on their parents and for whom support is ordered pursuant to RCW 26.09.100. The provisions of this chapter for determining child support and reasons for deviation from the standard calculation shall be applied in the same manner by the court, presiding officers, and reviewing officers. (2) Written findings of fact supported by the evidence. An order for child support shall be supported by written findings of fact upon which the support determination is based and shall include reasons for any deviation from the standard calculation and reasons for denial of a party’s request for deviation from the standard calculation. The court shall enter written findings of fact in all cases whether or not the court: (a) Sets the support at the presumptive amount, for combined monthly net incomes below five thousand dollars; (b) sets the support at an advisory amount, for combined monthly net incomes between five thousand and seven thousand dollars; or (c) deviates from the presumptive or advisory amounts. (3) Completion of worksheets. Worksheets in the form developed by the administrative office of the courts shall be completed under penalty of perjury and filed in every proceeding in which child support is determined. The court shall not accept incomplete worksheets or worksheets that vary from the worksheets developed by the administrative office of the courts. (4) Court review of the worksheets and order. The court shall review the worksheets and the order setting support for the adequacy of the reasons set forth for any deviation or denial of any request for deviation and for the adequacy of the amount of support ordered. Each order shall state the amount of child support calculated using the standard calculation and the amount of child support actually ordered. Worksheets shall be attached to the decree or order or if filed separately shall be initialed or signed by the judge and filed with the order. [2005 c 282 § 36; 1992 c 229 § 6; 1991 c 367 § 27.] Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015. 26.19.045 Veterans’ disability pensions, compensation for disability, and aid and attendant care payments. Veterans’ disability pensions or regular compensation for disability incurred in or aggravated by service in the United States armed forces paid by the veterans’ administration shall be disclosed to the court. The court may consider either type of compensation as disposable income for purposes of calculating the child support obligation. Aid and attendant care payments to prevent hospitalization paid by the veterans’ administration solely to provide physical home care for a disabled veteran, and special medical compensation paid under 38 U.S.C. Sec. 314 (k) through (r) to provide either special care or special aids, or both, to assist with routine daily functions shall also be disclosed. The court may not include either 26.19.045 (2008 Ed.) 26.19.065 aid and attendant care or special medical compensation payments in gross income for purposes of calculating the child support obligation or for purposes of deviating from the standard calculation. [1991 c 367 § 30.] Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015. 26.19.050 Worksheets and instructions. (1) The administrative office of the courts shall develop and adopt worksheets and instructions to assist the parties and courts in establishing the appropriate child support level and apportionment of support. The administrative office of the courts shall attempt to the greatest extent possible to make the worksheets and instructions understandable by persons who are not represented by legal counsel. (2) The administrative office of the courts shall develop and adopt standards for the printing of worksheets and shall establish a process for certifying printed worksheets. The administrator may maintain a register of sources for approved worksheets. (3) The administrative office of the courts should explore methods to assist pro se parties and judges in the courtroom to calculate support payments through automated software, equipment, or personal assistance. [2005 c 282 § 37; 1990 1st ex.s. c 2 § 5; 1988 c 275 § 6.] 26.19.050 Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100. Effective dates—Severability—1988 c 275: See notes following RCW 26.19.001. 26.19.055 Payments for attendant services in cases of disability. Payments from any source, other than veterans’ aid and attendance allowances or special medical compensation paid under 38 U.S.C. Sec. 314 (k) through (r), for services provided by an attendant in case of a disability when the disability necessitates the hiring of the services of an attendant shall be disclosed but shall not be included in gross income and shall not be a reason to deviate from the standard calculation. [1991 c 367 § 31.] 26.19.055 Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015. 26.19.065 Standards for establishing lower and upper limits on child support amounts. (1) Limit at fortyfive percent of a parent’s net income. Neither parent’s total child support obligation may exceed forty-five percent of net income except for good cause shown. Good cause includes but is not limited to possession of substantial wealth, children with day care expenses, special medical need, educational need, psychological need, and larger families. (2) Income below six hundred dollars. When combined monthly net income is less than six hundred dollars, a support order of not less than twenty-five dollars per child per month shall be entered for each parent unless the obligor parent establishes that it would be unjust or inappropriate to do so in that particular case. The decision whether there is a sufficient basis to deviate below the presumptive minimum payment must take into consideration the best interests of the child and the circumstances of each parent. Such circumstances can include comparative hardship to the affected households, assets or liabilities, and earning capacity. A par26.19.065 [Title 26 RCW—page 65] 26.19.071 Title 26 RCW: Domestic Relations ent’s support obligation shall not reduce his or her net income below the need standard for one person established pursuant to RCW 74.04.770, except for the presumptive minimum payment of twenty-five dollars per child per month or in cases where the court finds reasons for deviation. This section shall not be construed to require monthly substantiation of income. (3) Income above five thousand and seven thousand dollars. The economic table is presumptive for combined monthly net incomes up to and including five thousand dollars. When combined monthly net income exceeds five thousand dollars, support shall not be set at an amount lower than the presumptive amount of support set for combined monthly net incomes of five thousand dollars unless the court finds a reason to deviate below that amount. The economic table is advisory but not presumptive for combined monthly net incomes that exceed five thousand dollars. When combined monthly net income exceeds seven thousand dollars, the court may set support at an advisory amount of support set for combined monthly net incomes between five thousand and seven thousand dollars or the court may exceed the advisory amount of support set for combined monthly net incomes of seven thousand dollars upon written findings of fact. [1998 c 163 § 1; 1991 c 367 § 33.] Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015. 26.19.071 Standards for determination of income. (1) Consideration of all income. All income and resources of each parent’s household shall be disclosed and considered by the court when the court determines the child support obligation of each parent. Only the income of the parents of the children whose support is at issue shall be calculated for purposes of calculating the basic support obligation. Income and resources of any other person shall not be included in calculating the basic support obligation. (2) Verification of income. Tax returns for the preceding two years and current paystubs shall be provided to verify income and deductions. Other sufficient verification shall be required for income and deductions which do not appear on tax returns or paystubs. (3) Income sources included in gross monthly income. Except as specifically excluded in subsection (4) of this section, monthly gross income shall include income from any source, including: (a) Salaries; (b) Wages; (c) Commissions; (d) Deferred compensation; (e) Overtime; (f) Contract-related benefits; (g) Income from second jobs; (h) Dividends; (i) Interest; (j) Trust income; (k) Severance pay; (l) Annuities; (m) Capital gains; (n) Pension retirement benefits; (o) Workers’ compensation; (p) Unemployment benefits; 26.19.071 [Title 26 RCW—page 66] (q) Maintenance actually received; (r) Bonuses; (s) Social security benefits; and (t) Disability insurance benefits. (4) Income sources excluded from gross monthly income. The following income and resources shall be disclosed but shall not be included in gross income: (a) Income of a new spouse or new domestic partner or income of other adults in the household; (b) Child support received from other relationships; (c) Gifts and prizes; (d) Temporary assistance for needy families; (e) Supplemental security income; (f) General assistance; and (g) Food stamps. Receipt of income and resources from temporary assistance for needy families, supplemental security income, general assistance, and food stamps shall not be a reason to deviate from the standard calculation. (5) Determination of net income. The following expenses shall be disclosed and deducted from gross monthly income to calculate net monthly income: (a) Federal and state income taxes; (b) Federal insurance contributions act deductions; (c) Mandatory pension plan payments; (d) Mandatory union or professional dues; (e) State industrial insurance premiums; (f) Court-ordered maintenance to the extent actually paid; (g) Up to two thousand dollars per year in voluntary pension payments actually made if the contributions were made for the two tax years preceding the earlier of the (i) tax year in which the parties separated with intent to live separate and apart or (ii) tax year in which the parties filed for dissolution; and (h) Normal business expenses and self-employment taxes for self-employed persons. Justification shall be required for any business expense deduction about which there is disagreement. Items deducted from gross income under this subsection shall not be a reason to deviate from the standard calculation. (6) Imputation of income. The court shall impute income to a parent when the parent is voluntarily unemployed or voluntarily underemployed. The court shall determine whether the parent is voluntarily underemployed or voluntarily unemployed based upon that parent’s work history, education, health, and age, or any other relevant factors. A court shall not impute income to a parent who is gainfully employed on a full-time basis, unless the court finds that the parent is voluntarily underemployed and finds that the parent is purposely underemployed to reduce the parent’s child support obligation. Income shall not be imputed for an unemployable parent. Income shall not be imputed to a parent to the extent the parent is unemployed or significantly underemployed due to the parent’s efforts to comply with courtordered reunification efforts under chapter 13.34 RCW or under a voluntary placement agreement with an agency supervising the child. In the absence of information to the contrary, a parent’s imputed income shall be based on the median income of year-round full-time workers as derived from the United States bureau of census, current populations (2008 Ed.) Child Support Schedule reports, or such replacement report as published by the bureau of census. [2008 c 6 § 1038; 1997 c 59 § 4; 1993 c 358 § 4; 1991 sp.s. c 28 § 5.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Severability—Effective date—Captions not law—1991 sp.s. c 28: See notes following RCW 26.09.100. 26.19.075 Standards for deviation from the standard calculation. (1) Reasons for deviation from the standard calculation include but are not limited to the following: (a) Sources of income and tax planning. The court may deviate from the standard calculation after consideration of the following: (i) Income of a new spouse or new domestic partner if the parent who is married to the new spouse or in a partnership with a new domestic partner is asking for a deviation based on any other reason. Income of a new spouse or new domestic partner is not, by itself, a sufficient reason for deviation; (ii) Income of other adults in the household if the parent who is living with the other adult is asking for a deviation based on any other reason. Income of the other adults in the household is not, by itself, a sufficient reason for deviation; (iii) Child support actually received from other relationships; (iv) Gifts; (v) Prizes; (vi) Possession of wealth, including but not limited to savings, investments, real estate holdings and business interests, vehicles, boats, pensions, bank accounts, insurance plans, or other assets; (vii) Extraordinary income of a child; or (viii) Tax planning considerations. A deviation for tax planning may be granted only if the child would not receive a lesser economic benefit due to the tax planning. (b) Nonrecurring income. The court may deviate from the standard calculation based on a finding that a particular source of income included in the calculation of the basic support obligation is not a recurring source of income. Depending on the circumstances, nonrecurring income may include overtime, contract-related benefits, bonuses, or income from second jobs. Deviations for nonrecurring income shall be based on a review of the nonrecurring income received in the previous two calendar years. (c) Debt and high expenses. The court may deviate from the standard calculation after consideration of the following expenses: (i) Extraordinary debt not voluntarily incurred; (ii) A significant disparity in the living costs of the parents due to conditions beyond their control; (iii) Special needs of disabled children; (iv) Special medical, educational, or psychological needs of the children; or (v) Costs incurred or anticipated to be incurred by the parents in compliance with court-ordered reunification efforts under chapter 13.34 RCW or under a voluntary placement agreement with an agency supervising the child. (d) Residential schedule. The court may deviate from the standard calculation if the child spends a significant amount of time with the parent who is obligated to make a 26.19.075 (2008 Ed.) 26.19.080 support transfer payment. The court may not deviate on that basis if the deviation will result in insufficient funds in the household receiving the support to meet the basic needs of the child or if the child is receiving temporary assistance for needy families. When determining the amount of the deviation, the court shall consider evidence concerning the increased expenses to a parent making support transfer payments resulting from the significant amount of time spent with that parent and shall consider the decreased expenses, if any, to the party receiving the support resulting from the significant amount of time the child spends with the parent making the support transfer payment. (e) Children from other relationships. The court may deviate from the standard calculation when either or both of the parents before the court have children from other relationships to whom the parent owes a duty of support. (i) The child support schedule shall be applied to the mother, father, and children of the family before the court to determine the presumptive amount of support. (ii) Children from other relationships shall not be counted in the number of children for purposes of determining the basic support obligation and the standard calculation. (iii) When considering a deviation from the standard calculation for children from other relationships, the court may consider only other children to whom the parent owes a duty of support. The court may consider court-ordered payments of child support for children from other relationships only to the extent that the support is actually paid. (iv) When the court has determined that either or both parents have children from other relationships, deviations under this section shall be based on consideration of the total circumstances of both households. All child support obligations paid, received, and owed for all children shall be disclosed and considered. (2) All income and resources of the parties before the court, new spouses or new domestic partners, and other adults in the households shall be disclosed and considered as provided in this section. The presumptive amount of support shall be determined according to the child support schedule. Unless specific reasons for deviation are set forth in the written findings of fact and are supported by the evidence, the court shall order each parent to pay the amount of support determined by using the standard calculation. (3) The court shall enter findings that specify reasons for any deviation or any denial of a party’s request for any deviation from the standard calculation made by the court. The court shall not consider reasons for deviation until the court determines the standard calculation for each parent. (4) When reasons exist for deviation, the court shall exercise discretion in considering the extent to which the factors would affect the support obligation. (5) Agreement of the parties is not by itself adequate reason for any deviations from the standard calculation. [2008 c 6 § 1039; 1997 c 59 § 5; 1993 c 358 § 5; 1991 sp.s. c 28 § 6.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Severability—Effective date—Captions not law—1991 sp.s. c 28: See notes following RCW 26.09.100. 26.19.080 Allocation of child support obligation between parents—Court-ordered day care or special 26.19.080 [Title 26 RCW—page 67] 26.19.090 Title 26 RCW: Domestic Relations child rearing expenses. (1) The basic child support obligation derived from the economic table shall be allocated between the parents based on each parent’s share of the combined monthly net income. (2) Ordinary health care expenses are included in the economic table. Monthly health care expenses that exceed five percent of the basic support obligation shall be considered extraordinary health care expenses. Extraordinary health care expenses shall be shared by the parents in the same proportion as the basic child support obligation. (3) Day care and special child rearing expenses, such as tuition and long-distance transportation costs to and from the parents for visitation purposes, are not included in the economic table. These expenses shall be shared by the parents in the same proportion as the basic child support obligation. If an obligor pays court or administratively ordered day care or special child rearing expenses that are not actually incurred, the obligee must reimburse the obligor for the overpayment if the overpayment amounts to at least twenty percent of the obligor’s annual day care or special child rearing expenses. The obligor may institute an action in the superior court or file an application for an adjudicative hearing with the department of social and health services for reimbursement of day care and special child rearing expense overpayments that amount to twenty percent or more of the obligor’s annual day care and special child rearing expenses. Any ordered overpayment reimbursement shall be applied first as an offset to child support arrearages of the obligor. If the obligor does not have child support arrearages, the reimbursement may be in the form of a direct reimbursement by the obligee or a credit against the obligor’s future support payments. If the reimbursement is in the form of a credit against the obligor’s future child support payments, the credit shall be spread equally over a twelve-month period. Absent agreement of the obligee, nothing in this section entitles an obligor to pay more than his or her proportionate share of day care or other special child rearing expenses in advance and then deduct the overpayment from future support transfer payments. (4) The court may exercise its discretion to determine the necessity for and the reasonableness of all amounts ordered in excess of the basic child support obligation. [1996 c 216 § 1; 1990 1st ex.s. c 2 § 7.] Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100. 26.19.090 Standards for postsecondary educational support awards. (1) The child support schedule shall be advisory and not mandatory for postsecondary educational support. (2) When considering whether to order support for postsecondary educational expenses, the court shall determine whether the child is in fact dependent and is relying upon the parents for the reasonable necessities of life. The court shall exercise its discretion when determining whether and for how long to award postsecondary educational support based upon consideration of factors that include but are not limited to the following: Age of the child; the child’s needs; the expectations of the parties for their children when the parents were together; the child’s prospects, desires, aptitudes, abilities or disabilities; the nature of the postsecondary education sought; and the parents’ level of education, standard of living, and 26.19.090 [Title 26 RCW—page 68] current and future resources. Also to be considered are the amount and type of support that the child would have been afforded if the parents had stayed together. (3) The child must enroll in an accredited academic or vocational school, must be actively pursuing a course of study commensurate with the child’s vocational goals, and must be in good academic standing as defined by the institution. The court-ordered postsecondary educational support shall be automatically suspended during the period or periods the child fails to comply with these conditions. (4) The child shall also make available all academic records and grades to both parents as a condition of receiving postsecondary educational support. Each parent shall have full and equal access to the postsecondary education records as provided in RCW 26.09.225. (5) The court shall not order the payment of postsecondary educational expenses beyond the child’s twenty-third birthday, except for exceptional circumstances, such as mental, physical, or emotional disabilities. (6) The court shall direct that either or both parents’ payments for postsecondary educational expenses be made directly to the educational institution if feasible. If direct payments are not feasible, then the court in its discretion may order that either or both parents’ payments be made directly to the child if the child does not reside with either parent. If the child resides with one of the parents the court may direct that the parent making the support transfer payments make the payments to the child or to the parent who has been receiving the support transfer payments. [1991 sp.s. c 28 § 7; 1990 1st ex.s. c 2 § 9.] Severability—Effective date—Captions not law—1991 sp.s. c 28: See notes following RCW 26.09.100. Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100. 26.19.100 Federal income tax exemptions. The parties may agree which parent is entitled to claim the child or children as dependents for federal income tax exemptions. The court may award the exemption or exemptions and order a party to sign the federal income tax dependency exemption waiver. The court may divide the exemptions between the parties, alternate the exemptions between the parties, or both. [1990 1st ex.s. c 2 § 10.] 26.19.100 Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100. Chapter 26.20 Chapter 26.20 RCW FAMILY ABANDONMENT OR NONSUPPORT (Formerly: Family desertion) Sections 26.20.030 26.20.035 26.20.071 26.20.080 Family abandonment—Penalty—Exception. Family nonsupport—Penalty—Exception. Evidence—Spouse or domestic partner as witness. Proof of wilfulness—Application of penalty provisions. Child support enforcement: Chapter 26.18 RCW. Child support registry: Chapter 26.23 RCW. Council for children and families: Chapter 43.121 RCW. Uniform interstate family support act: Chapter 26.21A RCW. (2008 Ed.) Uniform Interstate Family Support Act 26.20.030 Family abandonment—Penalty—Exception. (1) Except as provided in subsection (2) of this section, any person who has a child dependent upon him or her for care, education or support and deserts such child in any manner whatever with intent to abandon it is guilty of the crime of family abandonment. (2) A parent of a newborn who transfers the newborn to a qualified person at an appropriate location pursuant to RCW 13.34.360 is not subject to criminal liability under this section. (3) The crime of family abandonment is a class C felony under chapter 9A.20 RCW. [2002 c 331 § 6; 1984 c 260 § 26; 1973 1st ex.s. c 154 § 34; 1969 ex.s. c 207 § 2; 1955 c 249 § 1; 1953 c 255 § 1; 1943 c 158 § 1; 1913 c 28 § 1; Rem. Supp. 1943 § 6908. Prior: 1907 c 103 § 1, part.] 26.20.030 Intent—Effective date—2002 c 331: See notes following RCW 13.34.360. Severability—1984 c 260: See RCW 26.18.900. Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030. Leaving children unattended in parked automobile: RCW 9.91.060. 26.20.035 Family nonsupport—Penalty—Exception. (1) Except as provided in subsection (2) of this section, any person who is able to provide support, or has the ability to earn the means to provide support, and who: (a) Willfully omits to provide necessary food, clothing, shelter, or medical attendance to a child dependent upon him or her; or (b) Willfully omits to provide necessary food, clothing, shelter, or medical attendance to his or her spouse or his or her domestic partner, is guilty of the crime of family nonsupport. (2) A parent of a newborn who transfers the newborn to a qualified person at an appropriate location pursuant to RCW 13.34.360 is not subject to criminal liability under this section. (3) The crime of family nonsupport is a gross misdemeanor under chapter 9A.20 RCW. [2008 c 6 § 1040; 2002 c 331 § 7; 1984 c 260 § 27.] dance for a spouse or domestic partner, or for a child or children, is prima facie evidence that the nonsupport or omission to furnish food, clothing, shelter, or medical attendance is wilful. The provisions of RCW 26.20.030 and 26.20.035 are applicable regardless of the marital or domestic partnership status of the person who has a child dependent upon him or her, and regardless of the nonexistence of any decree requiring payment of support or maintenance. [2008 c 6 § 1042; 1984 c 260 § 28; 1973 1st ex.s. c 154 § 36; 1913 c 28 § 3; RRS § 6910. Formerly RCW 26.20.080 and 26.20.090.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Severability—1984 c 260: See RCW 26.18.900. Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030. Chapter 26.21A RCW UNIFORM INTERSTATE FAMILY SUPPORT ACT Chapter 26.21A Sections ARTICLE 1 GENERAL PROVISIONS 26.20.035 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Intent—Effective date—2002 c 331: See notes following RCW 13.34.360. Severability—1984 c 260: See RCW 26.18.900. 26.20.071 Evidence—Spouse or domestic partner as witness. In any proceedings relating to nonsupport or family desertion the laws attaching a privilege against the disclosure of communications between spouses or domestic partners shall be inapplicable and both spouses or domestic partners in such proceedings shall be competent witnesses to testify to any relevant matter, including marriage, domestic partnership, and parentage. [2008 c 6 § 1041; 1963 c 10 § 1.] 26.20.071 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Uniform criminal extradition act: Chapter 10.88 RCW. 26.20.080 Proof of wilfulness—Application of penalty provisions. Proof of the nonsupport of a spouse or domestic partner or of a child or children, or the omission to furnish necessary food, clothing, shelter, or medical atten26.20.080 (2008 Ed.) Chapter 26.21A 26.21A.005 26.21A.010 26.21A.015 26.21A.020 Short title. Definitions. Tribunal of this state. Remedies cumulative. ARTICLE 2 JURISDICTION PART 1 EXTENDED PERSONAL JURISDICTION 26.21A.100 Bases for jurisdiction over nonresident. 26.21A.105 Procedure when exercising jurisdiction over nonresident. PART 2 PROCEEDINGS INVOLVING TWO OR MORE STATES 26.21A.110 Initiating and responding tribunal of this state. 26.21A.115 Simultaneous proceedings. 26.21A.120 Continuing, exclusive jurisdiction to modify child support order. 26.21A.125 Continuing jurisdiction to enforce child support order. PART 3 RECONCILIATION OF TWO OR MORE ORDERS 26.21A.130 26.21A.135 26.21A.140 26.21A.145 26.21A.150 Determination of controlling child support order. Child support orders for two or more obligees. Credit for payments. Continuing, exclusive jurisdiction over nonresident party. Continuing, exclusive jurisdiction to modify spousal support order. ARTICLE 3 CIVIL PROVISIONS OF GENERAL APPLICATION 26.21A.200 26.21A.205 26.21A.210 26.21A.215 26.21A.220 26.21A.225 26.21A.230 26.21A.235 26.21A.240 26.21A.245 26.21A.250 26.21A.255 26.21A.260 26.21A.265 26.21A.270 26.21A.275 26.21A.280 26.21A.285 26.21A.290 Proceedings under this chapter. Proceeding by minor parent. Application of law of this state. Duties of initiating tribunal. Duties and powers of responding tribunal. Inappropriate tribunal. Duties of support enforcement agency. Duty of state official or agency. Private counsel. Duties of state information agency. Pleadings and accompanying documents. Nondisclosure of information in exceptional circumstances. Costs and fees. Limited immunity of petitioner. Nonparentage as defense. Special rules of evidence and procedures. Communications between tribunals. Assistance with discovery. Receipt and disbursement of payments. [Title 26 RCW—page 69] 26.21A.005 Title 26 RCW: Domestic Relations ARTICLE 4 ESTABLISHMENT OF SUPPORT ORDER 26.21A.350 Petition to establish support order. ARTICLE 5 ENFORCEMENT OF ORDER OF ANOTHER STATE WITHOUT REGISTRATION 26.21A.400 Employer’s receipt of income-withholding order of another state. 26.21A.405 Employer’s compliance with income-withholding order of another state. 26.21A.410 Employer’s compliance with two or more income-withholding orders. 26.21A.415 Immunity from civil liability. 26.21A.420 Penalties for noncompliance. 26.21A.425 Contest by obligor. 26.21A.430 Administrative enforcement of orders. ARTICLE 6 REGISTRATION, ENFORCEMENT, AND MODIFICATION OF SUPPORT ORDER PART 1 REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER 26.21A.500 26.21A.505 26.21A.510 26.21A.515 Registration of order for enforcement. Procedure to register order for enforcement. Effect of registration for enforcement. Choice of law. PART 2 CONTEST OF VALIDITY OR ENFORCEMENT 26.21A.520 Notice of registration of order. 26.21A.525 Procedure to contest validity or enforcement of registered order. 26.21A.530 Contest of registration or enforcement. 26.21A.535 Confirmed order. PART 3 REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER 26.21A.540 Procedure to register child support order of another state for modification. 26.21A.545 Effect of registration for modification. 26.21A.550 Modification of child support order of another state. 26.21A.555 Recognition of order modified in another state. 26.21A.560 Jurisdiction to modify child support order of another state when individual parties reside in this state. 26.21A.565 Notice to issuing tribunal of modification. 26.21A.570 Jurisdiction to modify child support order of foreign country or political subdivision. ARTICLE 7 DETERMINATION OF PARENTAGE 26.21A.600 Proceeding to determine parentage. ARTICLE 8 INTERSTATE RENDITION 26.21A.650 Grounds for rendition. 26.21A.655 Conditions of rendition. ARTICLE 9 MISCELLANEOUS PROVISIONS 26.21A.900 26.21A.905 26.21A.910 26.21A.915 Effective date—2002 c 198. Uniformity of application and construction. Severability—2002 c 198. Captions, part headings, and articles not part of law—2002 c 198. ARTICLE 1 GENERAL PROVISIONS 26.21A.005 Short title. This chapter may be cited as the uniform interstate family support act. [2002 c 198 § 101.] 26.21A.005 Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.010 Definitions. In this chapter: 26.21A.010 [Title 26 RCW—page 70] (1) "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual’s parent or who is or is alleged to be the beneficiary of a support order directed to the parent. (2) "Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state. (3) "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support. (4) "Home state" means the state in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period. (5) "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state. (6) "Income-withholding order" means an order or other legal process directed to an obligor’s employer or other debtor, as defined by RCW 50.04.080, to withhold support from the income of the obligor. (7) "Initiating state" means a state from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under this chapter or a law or procedure substantially similar to this chapter. (8) "Initiating tribunal" means the authorized tribunal in an initiating state. (9) "Issuing state" means the state in which a tribunal issues a support order or renders a judgment determining parentage. (10) "Issuing tribunal" means the tribunal that issues a support order or renders a judgment determining parentage. (11) "Law" includes decisional and statutory law and rules having the force of law. (12) "Obligee" means: (a) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered; (b) A state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or (c) An individual seeking a judgment determining parentage of the individual’s child. (13) "Obligor" means an individual, or the estate of a decedent: (a) Who owes or is alleged to owe a duty of support; (b) Who is alleged but has not been adjudicated to be a parent of a child; or (c) Who is liable under a support order. (14) "Person" means: An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. (2008 Ed.) Uniform Interstate Family Support Act (15) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (16) "Register" means to record or file a support order or judgment determining parentage in the appropriate location for the recording or filing of foreign judgments generally or foreign support orders specifically. (17) "Registering tribunal" means a tribunal in which a support order is registered. (18) "Responding state" means a state in which a proceeding is filed or to which a proceeding is forwarded for filing from an initiating state under this chapter or a law or procedure substantially similar to this chapter. (19) "Responding tribunal" means the authorized tribunal in a responding state. (20) "Spousal support order" means a support order for a spouse or former spouse of the obligor. (21) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes: (a) An Indian tribe; and (b) A foreign country or political subdivision that: (i) Has been declared to be a foreign reciprocating country or political subdivision under federal law; (ii) Has established a reciprocal arrangement for child support with this state as provided in RCW 26.21A.235; or (iii) Has enacted a law or established procedures for issuance and enforcement of support orders which are substantially similar to the procedures under this chapter. (22) "Support enforcement agency" means a public official or agency authorized to seek: (a) Enforcement of support orders or laws relating to the duty of support; (b) Establishment or modification of child support; (c) Determination of parentage; (d) Location of obligors or their assets; or (e) Determination of the controlling child support order. (23) "Support order" means a judgment, decree, order, or directive, whether temporary, final, or subject to modification, issued by a tribunal for the benefit of a child, a spouse, or a former spouse, that provides for monetary support, health care, arrearages, or reimbursement, and may include related costs and fees, interest, income withholding, attorneys’ fees, and other relief. (24) "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage. [2002 c 198 § 102.] Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.015 Tribunal of this state. The superior court is the state tribunal for judicial proceedings and the department of social and health services division of child support is the state tribunal for administrative proceedings. [2002 c 198 § 103.] 26.21A.015 Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.020 Remedies cumulative. (1) Remedies provided by this chapter are cumulative and do not affect the 26.21A.020 (2008 Ed.) 26.21A.105 availability of remedies under other law, including the recognition of a support order of a foreign country or political subdivision on the basis of comity. (2) This chapter does not: (a) Provide the exclusive method of establishing or enforcing a support order under the law of this state; or (b) Grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this chapter. [2002 c 198 § 104.] Effective date—2002 c 198: See RCW 26.21A.900. ARTICLE 2 JURISDICTION PART 1 EXTENDED PERSONAL JURISDICTION 26.21A.100 Bases for jurisdiction over nonresident. (1) In a proceeding to establish or enforce a support order or to determine parentage, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual’s guardian or conservator if: (a) The individual is personally served with a citation, summons, or notice within this state; (b) The individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction; (c) The individual resided with the child in this state; (d) The individual resided in this state and provided prenatal expenses or support for the child; (e) The child resides in this state as a result of the acts or directives of the individual; (f) The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse; (g) The individual asserted parentage in the putative father registry maintained in this state by the state registrar of vital statistics; or (h) There is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction. (2) The bases of personal jurisdiction set forth in subsection (1) of this section or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of the state to modify a child support order of another state unless the requirements of RCW 26.21A.550 or 26.21A.570 are met. (3) Personal jurisdiction acquired under subsection (1) of this section continues so long as the tribunal of this state that acquired personal jurisdiction has continuing, exclusive jurisdiction to enforce or modify its order. [2002 c 198 § 201.] 26.21A.100 Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.105 Procedure when exercising jurisdiction over nonresident. A tribunal of this state exercising personal jurisdiction over a nonresident under RCW 26.21A.100 or recognizing a support order of a foreign country or political subdivision on the basis of comity, may receive evidence from another state, pursuant to RCW 26.21A.275, communicate with a tribunal of another state pursuant to RCW 26.21A.105 [Title 26 RCW—page 71] 26.21A.110 Title 26 RCW: Domestic Relations 26.21A.280, and obtain discovery through a tribunal of another state pursuant to RCW 26.21A.285. In all other respects, Articles 3 through 7 do not apply and the tribunal shall apply the procedural and substantive law of this state. [2002 c 198 § 202.] Effective date—2002 c 198: See RCW 26.21A.900. PART 2 PROCEEDINGS INVOLVING TWO OR MORE STATES 26.21A.110 Initiating and responding tribunal of this state. Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to another state and as a responding tribunal for proceedings initiated in another state. [2002 c 198 § 203.] 26.21A.110 Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.115 Simultaneous proceedings. (1) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state only if: (a) The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state for filing a responsive pleading challenging the exercise of jurisdiction by the other state; (b) The contesting party timely challenges the exercise of jurisdiction in the other state; and (c) If relevant, this state is the home state of the child. (2) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state if: (a) The petition or comparable pleading in the other state is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state; (b) The contesting party timely challenges the exercise of jurisdiction in this state; and (c) If relevant, the other state is the home state of the child. [2002 c 198 § 204.] 26.21A.115 Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.120 Continuing, exclusive jurisdiction to modify child support order. (1) A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and: (a) At the time of the filing of a request for modification this state is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or (b) Even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order. (2) A tribunal of this state that has issued a child support order consistent with the law of this state shall not exercise continuing, exclusive jurisdiction to modify the order if: (a) All of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or (b) Its order is not the controlling order. (3) If a tribunal of another state has issued a child support order pursuant to the uniform interstate family support act or a law substantially similar to that act which modifies a child support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state. (4) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state. (5) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal. [2002 c 198 § 205.] Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.125 Continuing jurisdiction to enforce child support order. (1) A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce: (a) The order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the uniform interstate family support act; or (b) A money judgment for arrears of support and interest on the order accrued before a determination that an order of other state is the controlling order. (2) A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order. [2002 c 198 § 206.] 26.21A.125 Effective date—2002 c 198: See RCW 26.21A.900. PART 3 RECONCILIATION OF TWO OR MORE ORDERS 26.21A.120 [Title 26 RCW—page 72] 26.21A.130 Determination of controlling child support order. (1) If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the order of that tribunal controls and must be so recognized. (2) If a proceeding is brought under this chapter, and two or more child support orders have been issued by tribunals of this state or another state with regard to the same obligor and same child, a tribunal of this state having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls: (a) If only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the order of that tribunal controls and must be so recognized. 26.21A.130 (2008 Ed.) Uniform Interstate Family Support Act (b) If more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter, an order issued by a tribunal in the current home state of the child controls. However, if an order has not been issued in the current home state of the child, the order most recently issued controls. (c) If none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this state shall issue a child support order, which controls. (3) If two or more child support orders have been issued for the same obligor and same child, upon request of a party who is an individual or a support enforcement agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection (2) of this section. The request may be filed with a registration for enforcement or registration for modification pursuant to Article 6 of this chapter, or may be filed as a separate proceeding. (4) A request to determine which is the controlling order must be accompanied by a copy of every child support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination. (5) The tribunal that issued the controlling order under subsection (1), (2), or (3) of this section has continuing jurisdiction to the extent provided in RCW 26.21A.120 or 26.21A.125. (6) A tribunal of this state that determines by order which is the controlling order under subsection (2)(a) or (b) or (3) of this section or that issues a new controlling order under subsection (2)(c) of this section shall state in that order: (a) The basis upon which the tribunal made its determination; (b) The amount of prospective support, if any; and (c) The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by RCW 26.21A.140. (7) Within thirty days after issuance of an order determining which is the controlling order, the party obtaining the order shall file a certified copy of it in each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order. (8) An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this section must be recognized in proceedings under this chapter. [2002 c 198 § 207.] Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.135 Child support orders for two or more obligees. In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state, a tribunal of this state shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this state. [2002 c 198 § 208.] 26.21A.135 (2008 Ed.) 26.21A.205 Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.140 Credit for payments. A tribunal of this state shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this or another state. [2002 c 198 § 209.] 26.21A.140 Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.145 Continuing, exclusive jurisdiction over nonresident party. If a party to a proceeding subject to the continuing, exclusive jurisdiction of a tribunal of this state no longer resides in the issuing state, in subsequent proceedings the tribunal may receive evidence from another state pursuant to RCW 26.21A.275, to communicate with a tribunal of another state pursuant to RCW 26.21A.280, and obtain discovery through a tribunal of another state pursuant to RCW 26.21A.285. In all other respects, Articles 3 through 7 of this chapter do not apply and the tribunal shall apply the procedural and substantive law of this state. [2002 c 198 § 210.] 26.21A.145 Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.150 Continuing, exclusive jurisdiction to modify spousal support order. (1) A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation. (2) A tribunal of this state may not modify a spousal support order issued by a tribunal of another state having continuing, exclusive jurisdiction over that order under the law of that state. (3) A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support order may serve as: (a) An initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state; or (b) A responding tribunal to enforce or modify its own spousal support order. [2002 c 198 § 211.] 26.21A.150 Effective date—2002 c 198: See RCW 26.21A.900. ARTICLE 3 CIVIL PROVISIONS OF GENERAL APPLICATION 26.21A.200 Proceedings under this chapter. (1) Except as otherwise provided in this chapter, this article applies to all proceedings under this chapter. (2) An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state which has or can obtain personal jurisdiction over the respondent. [2002 c 198 § 301.] 26.21A.200 Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.205 Proceeding by minor parent. A minor parent, or a guardian or other legal representative of a minor 26.21A.205 [Title 26 RCW—page 73] 26.21A.210 Title 26 RCW: Domestic Relations parent, may maintain a proceeding on behalf of or for the benefit of the minor’s child. [2002 c 198 § 302.] Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.210 Application of law of this state. Except as otherwise provided by this chapter, a responding tribunal of this state shall: (1) Apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and (2) Determine the duty of support and the amount payable in accordance with the law and support guidelines of this state. [2002 c 198 § 303.] 26.21A.210 Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.215 Duties of initiating tribunal. (1) Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward the petition and its accompanying documents: (a) To the responding tribunal or appropriate support enforcement agency in the responding state; or (b) If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged. (2) If requested by the responding tribunal, a tribunal of this state shall issue a certificate or other document and make findings required by the law of the responding state. If the responding state is a foreign country or political subdivision, upon request the tribunal shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official exchange rates as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding state. [2002 c 198 § 304.] 26.21A.215 Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.220 Duties and powers of responding tribunal. (1) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to RCW 26.21A.200(2), it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed. (2) A responding tribunal of this state, to the extent not prohibited by other law, may do one or more of the following: (a) Issue or enforce a support order, modify a child support order, determine the controlling child support order, or determine parentage; (b) Order an obligor to comply with a support order, specifying the amount and the manner of compliance; (c) Order income withholding; (d) Determine the amount of any arrearages, and specify a method of payment; (e) Enforce orders by civil or criminal contempt, or both; (f) Set aside property for satisfaction of the support order; (g) Place liens and order execution on the obligor’s property; 26.21A.220 [Title 26 RCW—page 74] (h) Order an obligor to keep the tribunal informed of the obligor’s current residential address, telephone number, employer, address of employment, and telephone number at the place of employment; (i) Issue a bench warrant or writ of arrest for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant or writ of arrest in any local and state computer systems for criminal warrants; (j) Order the obligor to seek appropriate employment by specified methods; (k) Award reasonable attorneys’ fees and other fees and costs; and (l) Grant any other available remedy. (3) A responding tribunal of this state shall include in a support order issued under this chapter, or in the documents accompanying the order, the calculations on which the support order is based. (4) A responding tribunal of this state may not condition the payment of a support order issued under this chapter upon compliance by a party with provisions for visitation. (5) If a responding tribunal of this state issues an order under this chapter, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any. (6) If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under applicable official exchange rates as publicly reported. [2002 c 198 § 305.] Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.225 Inappropriate tribunal. If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner where and when the pleading was sent. [2002 c 198 § 306.] 26.21A.225 Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.230 Duties of support enforcement agency. (1) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this chapter. (2) A support enforcement agency of this state that is providing services to the petitioner shall: (a) Take all steps necessary to enable an appropriate tribunal in this state or another state to obtain jurisdiction over the respondent; (b) Request an appropriate tribunal to set a date, time, and place for a hearing; (c) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties; (d) Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner; 26.21A.230 (2008 Ed.) Uniform Interstate Family Support Act (e) Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written communication in a record from the respondent or the respondent’s attorney, send a copy of the communication to the petitioner; and (f) Notify the petitioner if jurisdiction over the respondent cannot be obtained. (3) A support enforcement agency of this state that requests registration of a child support order in this state for enforcement or for modification shall make reasonable efforts: (a) To ensure that the order to be registered is the controlling order; or (b) If two or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so. (4) A support enforcement agency of this state that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under applicable official exchange rates as publicly reported. (5) A support enforcement agency of this state shall issue or request a tribunal of this state to issue a child support order and an income-withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to RCW 26.21A.290. (6) This chapter does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency. [2002 c 198 § 307.] Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.235 Duty of state official or agency. (1) If the appropriate state official or agency determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the state official or agency may order the agency to perform its duties under this chapter or may provide those services directly to the individual. (2) The appropriate state official or agency may determine that a foreign country or political subdivision has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination. [2002 c 198 § 308.] 26.21A.235 Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.240 Private counsel. An individual may employ private counsel to represent the individual in proceedings authorized by this chapter. [2002 c 198 § 309.] 26.21A.240 Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.255 this state and transmit a copy to the state information agency of every other state; (b) Maintain a register of names and addresses of tribunals and support enforcement agencies received from other states; (c) Forward to the appropriate tribunal in the county in this state in which the obligee who is an individual or the obligor resides, or in which the obligor’s property is believed to be located, all documents concerning a proceeding under this chapter received from an initiating tribunal or the state information agency of the initiating state; and (d) Obtain information concerning the location of the obligor and the obligor’s property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor’s address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver’s licenses, and social security. [2002 c 198 § 310.] Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.250 Pleadings and accompanying documents. (1) In a proceeding under this chapter, a petitioner seeking to establish a support order, to determine parentage, or to register and modify a support order of another state must file a petition. Unless otherwise ordered under RCW 26.21A.255, the petition or accompanying documents must provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex, residential address, social security number, and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent. (2) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency. (3) A petitioner seeking to establish or modify a support order or to determine parentage in a proceeding under this chapter shall file a properly completed confidential information form or equivalent as described in RCW 26.23.050 to satisfy the requirements of subsection (1) of this section. A completed confidential information form shall be deemed an "accompanying document" under subsection (1) of this section. [2002 c 198 § 311.] 26.21A.250 Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.245 Duties of state information agency. (1) The Washington state support registry under chapter 26.23 RCW is the state information agency under this chapter. (2) The state information agency shall: (a) Compile and maintain a current list, including addresses, of the tribunals in this state that have jurisdiction under this chapter and any support enforcement agencies in 26.21A.245 (2008 Ed.) 26.21A.255 Nondisclosure of information in exceptional circumstances. If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a 26.21A.255 [Title 26 RCW—page 75] 26.21A.260 Title 26 RCW: Domestic Relations hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice. [2002 c 198 § 312.] Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.260 Costs and fees. (1) The petitioner may not be required to pay a filing fee or other costs. (2) If an obligee prevails, a responding tribunal may assess against an obligor filing fees, reasonable attorneys’ fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee’s witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state, except as provided by other law. Attorneys’ fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney’s own name. Payment of support owed to the obligee has priority over fees, costs, and expenses. (3) The tribunal shall order the payment of costs and reasonable attorneys’ fees if it determines that a hearing was requested primarily for delay. In a proceeding under Article 6 of this chapter, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change. [2002 c 198 § 313.] 26.21A.260 Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.265 Limited immunity of petitioner. (1) Participation by a petitioner in a proceeding under this chapter before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding. (2) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this chapter. (3) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this chapter committed by a party while physically present in this state to participate in the proceeding. [2002 c 198 § 314.] 26.21A.265 Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.270 Nonparentage as defense. A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this chapter. [2002 c 198 § 315.] 26.21A.270 Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.275 Special rules of evidence and procedures. (1) The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage. (2) An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, that would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing in another state. (3) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and is admissible to show whether payments were made. (4) Copies of bills for testing for parentage, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary. (5) Documentary evidence transmitted from another state to a tribunal of this state by telephone, telecopier, or other means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission. (6) In a proceeding under this chapter, a tribunal of this state shall permit a party or witness residing in another state to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location in that state. A tribunal of this state shall cooperate with tribunals of other states in designating an appropriate location for the deposition or testimony. (7) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal. (8) A privilege against disclosure of communications between spouses does not apply in a proceeding under this chapter. (9) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this chapter. (10) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child. [2002 c 198 § 316.] Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.280 Communications between tribunals. A tribunal of this state may communicate with a tribunal of another state or foreign country or political subdivision in a record, or by telephone or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding in the other state or foreign country or political subdivision. A tribunal of this state may furnish similar information by similar means to a tribunal of another state or foreign country or political subdivision. [2002 c 198 § 317.] 26.21A.280 26.21A.275 [Title 26 RCW—page 76] Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.285 Assistance with discovery. A tribunal of this state may: (1) Request a tribunal of another state to assist in obtaining discovery; and (2) Upon request, compel a person over whom it has jurisdiction to respond to a discovery order issued by a tribunal of another state. [2002 c 198 § 318.] 26.21A.285 Effective date—2002 c 198: See RCW 26.21A.900. (2008 Ed.) Uniform Interstate Family Support Act 26.21A.290 Receipt and disbursement of payments. (1) A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state a certified statement by the custodian of the record of the amounts and dates of all payments received. (2) If the obligor, the obligee who is an individual, or the child does not reside in this state, upon request from the support enforcement agency of this state or another state, the support enforcement agency of this state or a tribunal of this state shall: (a) Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and (b) Issue and send to the obligor’s employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments. (3) The support enforcement agency of this state receiving redirected payments from another state pursuant to a law similar to subsection (2) of this section shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received. [2002 c 198 § 319.] 26.21A.290 Effective date—2002 c 198: See RCW 26.21A.900. ARTICLE 4 ESTABLISHMENT OF SUPPORT ORDER 26.21A.350 Petition to establish support order. (1) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state may issue a support order if: (a) The individual seeking the order resides in another state; or (b) The support enforcement agency seeking the order is located in another state. (2) The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is: (a) A presumed father of the child; (b) Petitioning to have his paternity adjudicated; (c) Identified as the father of the child through genetic testing; (d) An alleged father who has declined to submit to genetic testing; (e) Shown by clear and convincing evidence to be the father of the child; (f) An acknowledged father as provided by applicable state law; (g) The mother of the child; or (h) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated. (3) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to RCW 26.21A.220. [2002 c 198 § 401.] 26.21A.350 Effective date—2002 c 198: See RCW 26.21A.900. (2008 Ed.) 26.21A.410 ARTICLE 5 ENFORCEMENT OF ORDER OF ANOTHER STATE WITHOUT REGISTRATION 26.21A.400 Employer’s receipt of income-withholding order of another state. An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor’s employer under RCW 50.04.080 without first filing a petition or comparable pleading or registering the order with a tribunal of this state. [2002 c 198 § 501.] 26.21A.400 Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.405 Employer’s compliance with incomewithholding order of another state. (1) Upon receipt of an income-withholding order, the obligor’s employer shall immediately provide a copy of the order to the obligor. (2) The employer shall treat an income-withholding order issued in another state that appears regular on its face as if it had been issued by a tribunal of this state. (3) Except as provided in subsection (4) of this section and RCW 26.21A.410, the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order which specify: (a) The duration and amount of periodic payments of current child support, stated as a sum certain; (b) The person designated to receive payments and the address to which the payments are to be forwarded; (c) Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor’s employment; (d) The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee’s attorney, stated as sums certain; and (e) The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain. (4) An employer shall comply with the law of the state of the obligor’s principal place of employment for withholding from income with respect to: (a) The employer’s fee for processing an income-withholding order; (b) The maximum amount permitted to be withheld from the obligor’s income; and (c) The times within which the employer must implement the withholding order and forward the child support payment. [2002 c 198 § 502.] 26.21A.405 Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.410 Employer’s compliance with two or more income-withholding orders. If an obligor’s employer receives two or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor’s principal place of employment to establish the priorities for withholding and allocating income withheld for two or more child support obligees. [2002 c 198 § 503.] 26.21A.410 Effective date—2002 c 198: See RCW 26.21A.900. [Title 26 RCW—page 77] 26.21A.415 Title 26 RCW: Domestic Relations REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER 26.21A.415 26.21A.415 Immunity from civil liability. An employer who complies with an income-withholding order issued in another state in accordance with this article is not subject to civil liability to an individual or agency with regard to the employer’s withholding of child support from the obligor’s income. [2002 c 198 § 504.] Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.500 Registration of order for enforcement. A support order or income-withholding order issued by a tribunal of another state may be registered in this state for enforcement. [2002 c 198 § 601.] 26.21A.500 Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.420 26.21A.420 Penalties for noncompliance. An employer who willfully fails to comply with an income-withholding order issued by another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state. [2002 c 198 § 505.] Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.425 26.21A.425 Contest by obligor. (1) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in Article 6 of this chapter, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state. RCW 26.21A.515 applies to the contest. (2) The obligor shall give notice of the contest to: (a) A support enforcement agency providing services to the obligee; (b) Each employer that has directly received an incomewithholding order relating to the obligor; and (c) The person designated to receive payments in the income-withholding order or, if no person or agency is designated, to the obligee. [2002 c 198 § 506.] Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.430 26.21A.430 Administrative enforcement of orders. (1) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of this state. (2) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this chapter. [2002 c 198 § 507.] Effective date—2002 c 198: See RCW 26.21A.900. ARTICLE 6 REGISTRATION, ENFORCEMENT, AND MODIFICATION OF SUPPORT ORDER PART 1 [Title 26 RCW—page 78] 26.21A.505 Procedure to register order for enforcement. (1) A support order or income-withholding order of another state may be registered in this state by sending the following records and information to the appropriate tribunal in this state: (a) A letter of transmittal to the tribunal requesting registration and enforcement; (b) Two copies, including one certified copy, of the order to be registered, including any modification of the order; (c) A sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage; (d) The name of the obligor and, if known: (i) The obligor’s address and social security number; (ii) The name and address of the obligor’s employer and any other source of income of the obligor; and (iii) A description and the location of property of the obligor in this state not exempt from execution; and (e) Except as otherwise provided in RCW 26.21A.255, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted. (2) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form. (3) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought. (4) If two or more orders are in effect, the person requesting registration shall: (a) Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section; (b) Specify the order alleged to be the controlling order, if any; and (c) Specify the amount of consolidated arrears, if any. (5) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination. [2002 c 198 § 602.] 26.21A.505 Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.510 Effect of registration for enforcement. (1) A support order or income-withholding order issued in another state is registered when the order is filed in the registering tribunal of this state. 26.21A.510 (2008 Ed.) Uniform Interstate Family Support Act (2) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state. (3) Except as otherwise provided in this article, a tribunal of this state shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction. [2002 c 198 § 603.] Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.515 Choice of law. (1) Except as otherwise provided in subsection (4) of this section, the law of the issuing state governs: (a) The nature, extent, amount, and duration of current payments under a registered support order; (b) The computation and payment of arrearages and accrual of interest on the arrearages under the registered support order; and (c) The existence and satisfaction of other obligations under the registered support order. (2) In a proceeding for arrears under a registered support order, the statute of limitation of this state or of the issuing state, whichever is longer, applies. (3) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state registered in this state. (4) After a tribunal of this or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state issuing the registered controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears. [2002 c 198 § 604.] 26.21A.515 Effective date—2002 c 198: See RCW 26.21A.900. PART 2 CONTEST OF VALIDITY OR ENFORCEMENT 26.21A.520 Notice of registration of order. (1) When a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order. (2) A notice must inform the nonregistering party: (a) That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state; (b) That a hearing to contest the validity or enforcement of the registered order must be requested within twenty days after notice; (c) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and (d) Of the amount of any alleged arrearages. (3) If the registering party asserts that two or more orders are in effect, a notice must also: 26.21A.520 (2008 Ed.) 26.21A.530 (a) Identify the two or more orders and the order alleged by the registering person to be the controlling order and the consolidated arrears, if any; (b) Notify the nonregistering party of the right to a determination of which is the controlling order; (c) State that the procedures provided in subsection (2) of this section apply to the determination of which is the controlling order; and (d) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order. (4) Upon registration of an income-withholding order for enforcement, the registering tribunal shall notify the obligor’s employer pursuant to the income-withholding law of this state. [2002 c 198 § 605.] Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.525 Procedure to contest validity or enforcement of registered order. (1) A nonregistering party seeking to contest the validity or enforcement of a registered order in this state shall request a hearing within twenty days after notice of the registration. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to RCW 26.21A.530. (2) If the nonregistering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law. (3) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing. [2002 c 198 § 606.] 26.21A.525 Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.530 Contest of registration or enforcement. (1) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses: (a) The issuing tribunal lacked personal jurisdiction over the contesting party; (b) The order was obtained by fraud; (c) The order has been vacated, suspended, or modified by a later order; (d) The issuing tribunal has stayed the order pending appeal; (e) There is a defense under the law of this state to the remedy sought; (f) Full or partial payment has been made; (g) The statute of limitation under RCW 26.21A.515 precludes enforcement of some or all of the alleged arrearages; or (h) The alleged controlling order is not the controlling order. (2) If a party presents evidence establishing a full or partial defense under subsection (1) of this section, a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evi26.21A.530 [Title 26 RCW—page 79] 26.21A.535 Title 26 RCW: Domestic Relations dence, and issue other appropriate orders. An uncontested portion of the registered order may be enforced by all remedies available under the law of this state. (3) If the contesting party does not establish a defense under subsection (1) of this section to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order. [2002 c 198 § 607.] Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.535 Confirmed order. Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. [2002 c 198 § 608.] 26.21A.535 Effective date—2002 c 198: See RCW 26.21A.900. PART 3 REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER 26.21A.540 Procedure to register child support order of another state for modification. A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in Part 1 of this article if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification. [2002 c 198 § 609.] 26.21A.540 Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.545 Effect of registration for modification. A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered order may be modified only if the requirements of RCW 26.21A.550 have been met. [2002 c 198 § 610.] 26.21A.545 (2) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner. (3) Except as otherwise provided in RCW 26.21A.570, a tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state. If two or more tribunals have issued child support orders for the same obligor and same child, the order that controls and must be so recognized under RCW 26.21A.130 establishes the aspects of the support order that are nonmodifiable. (4) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor’s fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state. (5) On issuance of an order by a tribunal of this state modifying a child support order issued in another state, the tribunal of this state becomes the tribunal having continuing, exclusive jurisdiction. [2002 c 198 § 611.] Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.555 Recognition of order modified in another state. If a child support order issued by a tribunal of this state is modified by a tribunal of another state that assumed jurisdiction pursuant to the uniform interstate family support act, a tribunal of this state: (1) May enforce its order that was modified only as to arrears and interest accruing before the modification; (2) May provide other appropriate relief for violations of its order which occurred before the effective date of the modification; and (3) Shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement. [2002 c 198 § 612.] 26.21A.555 Effective date—2002 c 198: See RCW 26.21A.900. Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.560 Jurisdiction to modify child support order of another state when individual parties reside in this state. (1) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state’s child support order in a proceeding to register that order. (2) A tribunal of this state exercising jurisdiction under this section shall apply the provisions of Articles 1 and 2 of this chapter, this article, and the procedural and substantive law of this state to the proceeding for enforcement or modification. Articles 3, 4, 5, 7, and 8 of this chapter do not apply. [2002 c 198 § 613.] 26.21A.560 26.21A.550 Modification of child support order of another state. (1) If RCW 26.21A.560 does not apply, except as otherwise provided in RCW 26.21A.570, upon petition a tribunal of this state may modify a child support order issued in another state which is registered in this state if, after notice and hearing the tribunal finds that: (a) The following requirements are met: (i) The child, the obligee who is an individual, and the obligor do not reside in the issuing state; (ii) A petitioner who is a nonresident of this state seeks modification; and (iii) The respondent is subject to the personal jurisdiction of the tribunal of this state; or (b) This state is either the state of residence of the child or of a party who is an individual subject to the personal jurisdiction of the tribunal of this state, and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction. 26.21A.550 [Title 26 RCW—page 80] Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.565 Notice to issuing tribunal of modification. Within thirty days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and 26.21A.565 (2008 Ed.) Uniform Interstate Family Support Act in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction. [2002 c 198 § 614.] Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.570 Jurisdiction to modify child support order of foreign country or political subdivision. (1) If a foreign country or political subdivision that is a state will not or may not modify its order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether or not the consent to modification of a child support order otherwise required of the individual pursuant to RCW 26.21A.550 has been given or whether the individual seeking modification is a resident of this state or of the foreign country or political subdivision. (2) An order issued pursuant to this section is the controlling order. [2002 c 198 § 615.] 26.21A.570 Effective date—2002 c 198: See RCW 26.21A.900. ARTICLE 7 DETERMINATION OF PARENTAGE 26.21A.600 Proceeding to determine parentage. (1) A tribunal of this state may serve as an initiating or responding tribunal in a proceeding brought under this chapter or a law or procedure substantially similar to this chapter to determine whether the petitioner is a parent of a particular child or to determine whether a respondent is a parent of that child. (2) In a proceeding to determine parentage, a responding tribunal of this state shall apply the uniform parentage act and the procedural and substantive law of this state. [2002 c 198 § 701.] 26.21A.600 Effective date—2002 c 198: See RCW 26.21A.900. ARTICLE 8 INTERSTATE RENDITION 26.21A.650 Grounds for rendition. (1) For purposes of this article, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this chapter. (2) The governor of this state may: (a) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or (b) On the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee. (3) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed 26.21A.650 (2008 Ed.) 26.21A.915 and has not fled from the demanding state. [2002 c 198 § 801.] Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.655 26.21A.655 Conditions of rendition. (1) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least sixty days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail. (2) If, under this chapter or a law substantially similar to this chapter, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding. (3) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order. [2002 c 198 § 802.] Effective date—2002 c 198: See RCW 26.21A.900. ARTICLE 9 MISCELLANEOUS PROVISIONS 26.21A.900 26.21A.900 Effective date—2002 c 198. This act takes effect January 1, 2007. [2006 c 96 § 1; 2002 c 198 § 906.] 26.21A.905 26.21A.905 Uniformity of application and construction. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [2002 c 198 § 903.] Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.910 26.21A.910 Severability—2002 c 198. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [2002 c 198 § 904.] Effective date—2002 c 198: See RCW 26.21A.900. 26.21A.915 26.21A.915 Captions, part headings, and articles not part of law—2002 c 198. Captions, part headings, and articles used in this act are not any part of the law. [2002 c 198 § 902.] Effective date—2002 c 198: See RCW 26.21A.900. [Title 26 RCW—page 81] Chapter 26.23 Chapter 26.23 Title 26 RCW: Domestic Relations Chapter 26.23 RCW STATE SUPPORT REGISTRY Sections 26.23.010 26.23.020 26.23.030 26.23.033 26.23.035 26.23.040 26.23.045 26.23.050 26.23.055 26.23.060 26.23.070 26.23.075 26.23.080 26.23.090 26.23.100 26.23.110 26.23.120 26.23.130 26.23.140 26.23.150 26.23.900 Intent. Definitions. Registry—Creation—Duties—Interest on unpaid child support—Record retention. State case registry—Submission of support orders. Distribution of support received—Rules. Employment reporting requirements—Exceptions—Penalties—Retention of records. Support enforcement services. Support orders—Provisions—Enforcement—Confidential information form—Rules. Support proceedings, orders, and registry—Required information—Duty to update—Service. Notice of payroll deduction—Answer—Processing fee. Payments to registry—Methods—Immunity from civil liability. Payments—Dishonored checks—Fees—Rules. Certain acts by employers prohibited—Penalties. Employer liability for failure or refusal to respond or remit earnings. Motion to quash, modify, or terminate payroll deduction— Grounds for relief. Procedures when amount of support obligation needs to be determined—Notice—Adjudicative proceeding—Rules. Information and records—Confidentiality—Disclosure— Adjudicative proceeding—Rules—Penalties. Notice to department of child support or maintenance orders. Collection and disclosure of social security numbers—Finding—Waiver requested to prevent fraud. Recording of social security numbers—Compliance with federal requirement—Restricted disclosure. Effective date—1987 c 435. Authority of office of support enforcement to take support enforcement action against earnings within the state: RCW 74.20A.095. 26.23.010 Intent. The legislature recognizes the financial impact on custodial parents and children when child support is not received on time, or in the correct amount. The legislature also recognizes the burden placed upon the responsible parent and the second family when enforcement action must be taken to collect delinquent support. It is the intent of the legislature to create a central Washington state support registry to improve the recordkeeping of support obligations and payments, thereby providing protection for both parties, and reducing the burden on employers by creating a single standardized process through which support payments are deducted from earnings. It is also the intent of the legislature that child support payments be made through mandatory wage assignment or payroll deduction if the responsible parent becomes delinquent in making support payments under a court or administrative order for support. To that end, it is the intent of the legislature to interpret all existing statutes and processes to give effect to, and to implement, one central registry for recording and distributing support payments in this state. [1987 c 435 § 1.] 26.23.010 26.23.020 Definitions. (1) The definitions contained in RCW 74.20A.020 shall be incorporated into and made a part of this chapter. (2) "Support order" means a superior court order or administrative order, as defined in RCW 74.20A.020. (3) "Earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and, notwithstanding any other provision of law making the payments exempt from 26.23.020 [Title 26 RCW—page 82] garnishment, attachment, or other process to satisfy support obligations, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW. Earnings shall specifically include all gain from capital, from labor, or from both combined, not including profit gained through sale or conversion of capital assets. (4) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of an amount required by law to be withheld. (5) "Employer" means any person or entity who pays or owes earnings in employment as defined in Title 50 RCW to the responsible parent including but not limited to the United States government, or any state or local unit of government. (6) "Employee" means a person in employment as defined in Title 50 RCW to whom an employer is paying, owes or anticipates paying earnings as a result of services performed. [1987 c 435 § 2.] 26.23.030 Registry—Creation—Duties—Interest on unpaid child support—Record retention. (1) There is created a Washington state support registry within the division of child support as the agency designated in Washington state to administer the child support program under Title IV-D of the federal social security act. The registry shall: (a) Provide a central unit for collection of support payments made to the registry; (b) Account for and disburse all support payments received by the registry; (c) Maintain the necessary records including, but not limited to, information on support orders, support debts, the date and amount of support due; the date and amount of payments; and the names, social security numbers, and addresses of the parties; (d) Develop procedures for providing information to the parties regarding action taken by, and support payments collected and distributed by the registry; and (e) Maintain a state child support case registry to compile and maintain records on all child support orders entered in the state of Washington. (2) The division of child support may assess and collect interest at the rate of twelve percent per year on unpaid child support that has accrued under any support order entered into the registry. This interest rate shall not apply to those support orders already specifying an interest assessment at a different rate. (3) The secretary of social and health services shall adopt rules for the maintenance and retention of records of support payments and for the archiving and destruction of such records when the support obligation terminates or is satisfied. When a support obligation established under court order entered in a superior court of this state has been satisfied, a satisfaction of judgment form shall be prepared by the registry and filed with the clerk of the court in which the order was entered. [1997 c 58 § 905; 1989 c 360 § 6; 1988 c 275 § 18; 1987 c 435 § 3.] 26.23.030 Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. (2008 Ed.) State Support Registry Effective dates—Severability—1988 c 275: See notes following RCW 26.19.001. 26.23.033 State case registry—Submission of support orders. (1) The division of child support, Washington state support registry shall operate a state case registry containing records of all orders establishing or modifying a support order that are entered after October 1, 1998. (2) The superior court clerk, the office of administrative hearings, and the department of social and health services shall, within five days of entry, forward to the Washington state support registry, a true and correct copy of all superior court orders or administrative orders establishing or modifying a support obligation that provide that support payments shall be made to the support registry. (3) The division of child support shall reimburse the clerk for the reasonable costs of copying and sending copies of court orders to the registry at the reimbursement rate provided in Title IV-D of the federal social security act. (4) Effective October 1, 1998, the superior court clerk, the office of administrative hearings, and the department of social and health services shall, within five days of entry, forward to the Washington state support registry a true and correct copy of all superior court orders or administrative orders establishing or modifying a support obligation. (5) Receipt of a support order by the registry or other action under this section on behalf of a person or persons who have not made a written application for support enforcement services to the division of child support and who are not recipients of public assistance is deemed to be: (a) A request for payment services only if the order requires payment to the Washington state support registry; (b) A submission for inclusion in the state case registry if the order does not require that support payments be made to the Washington state support registry. [1997 c 58 § 903.] 26.23.033 Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. 26.23.035 Distribution of support received—Rules. (1) The department of social and health services shall adopt rules for the distribution of support money collected by the division of child support. These rules shall: (a) Comply with Title IV-D of the federal social security act as amended by the personal responsibility and work opportunity reconciliation act of 1996 and the federal deficit reduction act of 2005; (b) Direct the division of child support to distribute support money within eight days of receipt, unless one of the following circumstances, or similar circumstances specified in the rules, prevents prompt distribution: (i) The location of the custodial parent is unknown; (ii) The support debt is in litigation; (iii) The division of child support cannot identify the responsible parent or the custodian; (c) Provide for proportionate distribution of support payments if the responsible parent owes a support obligation or a support debt for two or more Title IV-D cases; and (d) Authorize the distribution of support money, except money collected under 42 U.S.C. Sec. 664, to satisfy a sup26.23.035 (2008 Ed.) 26.23.040 port debt owed to the IV-D custodian before the debt owed to the state when the custodian stops receiving a public assistance grant. (2) The division of child support may distribute support payments to the payee under the support order or to another person who has lawful physical custody of the child or custody with the payee’s consent. The payee may file an application for an adjudicative proceeding to challenge distribution to such other person. Prior to distributing support payments to any person other than the payee, the registry shall: (a) Obtain a written statement from the child’s physical custodian, under penalty of perjury, that the custodian has lawful custody of the child or custody with the payee’s consent; (b) Mail to the responsible parent and to the payee at the payee’s last known address a copy of the physical custodian’s statement and a notice which states that support payments will be sent to the physical custodian; and (c) File a copy of the notice with the clerk of the court that entered the original support order. (3) If the Washington state support registry distributes a support payment to a person in error, the registry may obtain restitution by means of a set-off against future payments received on behalf of the person receiving the erroneous payment, or may act according to RCW 74.20A.270 as deemed appropriate. Any set-off against future support payments shall be limited to amounts collected on the support debt and ten percent of amounts collected as current support. (4) The division of child support shall ensure that the fifty dollar pass through payment, as required by 42 U.S.C. Sec. 657 before the adoption of P.L. 104-193, is terminated immediately upon July 27, 1997, and all rules to the contrary adopted before July 27, 1997, are without force and effect. (5) Effective October 1, 2008, consistent with 42 U.S.C. Sec. 657(a) as amended by section 7301(b)(7)(B) of the federal deficit reduction act of 2005, the department shall pass through child support that does not exceed one hundred dollars per month collected on behalf of a family, or in the case of a family that includes two or more children, an amount that is not more than two hundred dollars per month. The department has rule-making authority to implement this subsection. [2007 c 143 § 2; 1997 c 58 § 933; 1991 c 367 § 38; 1989 c 360 § 34.] Severability—2007 c 143: See note following RCW 26.18.170. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015. 26.23.040 Employment reporting requirements— Exceptions—Penalties—Retention of records. (1) All employers doing business in the state of Washington shall report to the Washington state support registry: (a) The hiring of any person who resides or works in this state to whom the employer anticipates paying earnings; and (b) The rehiring or return to work of any employee who was laid off, furloughed, separated, granted a leave without pay, or terminated from employment. 26.23.040 [Title 26 RCW—page 83] 26.23.045 Title 26 RCW: Domestic Relations The secretary of the department of social and health services may adopt rules to establish additional exemptions if needed to reduce unnecessary or burdensome reporting. (2) Employers may report by mailing the employee’s copy of the W-4 form, or other means authorized by the registry which will result in timely reporting. (3) Employers shall submit reports within twenty days of the hiring, rehiring, or return to work of the employee, except as provided in subsection (4) of this section. The report shall contain: (a) The employee’s name, address, social security number, and date of birth; and (b) The employer’s name, address, and identifying number assigned under section 6109 of the internal revenue code of 1986. (4) In the case of an employer transmitting reports magnetically or electronically, the employer shall report newly hired employees by two monthly transmissions, if necessary, not less than twelve days nor more than sixteen days apart. (5) An employer who fails to report as required under this section shall be subject to a civil penalty of: (a) Twenty-five dollars per month per employee; or (b) Five hundred dollars, if the failure to report is the result of a conspiracy between the employer and the employee not to supply the required report, or to supply a false report. All violations within a single month shall be considered a single violation for purposes of assessing the penalty. The penalty may be imposed and collected by the division of child support under RCW 74.20A.350. (6) The registry shall retain the information for a particular employee only if the registry is responsible for establishing, enforcing, or collecting a support debt of the employee. The registry may, however, retain information for a particular employee for as long as may be necessary to: (a) Transmit the information to the national directory of new hires as required under federal law; or (b) Provide the information to other state agencies for comparison with records or information possessed by those agencies as required by law. Information that is not permitted to be retained shall be promptly destroyed. Agencies that obtain information from the department of social and health services under this section shall maintain the confidentiality of the information received, except as necessary to implement the agencies’ responsibilities. [1998 c 160 § 5; 1997 c 58 § 944; 1997 c 58 § 943; 1994 c 127 § 1; 1993 c 480 § 1; 1989 c 360 § 39; 1987 c 435 § 4.] Effective date—1998 c 160 §§ 1, 5, and 8: See note following RCW 74.20A.080. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—1997 c 58: See note following RCW 74.20A.320. Effective date—1993 c 480: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 17, 1993]." [1993 c 480 § 2.] Effective dates—1989 c 360 §§ 9, 10, 16, and 39: See note following RCW 74.20A.060. [Title 26 RCW—page 84] 26.23.045 Support enforcement services. (1) The division of child support, Washington state support registry, shall provide support enforcement services under the following circumstances: (a) Whenever public assistance under RCW 74.20.330 is paid; (b) Whenever a request for support enforcement services under RCW 74.20.040 is received; (c) When a support order which contains language directing a responsible parent to make support payments to the Washington state support registry under RCW 26.23.050 is submitted and the division of child support receives a written application for services or is already providing services; (d) When the obligor submits a support order or support payment, and an application, to the Washington state support registry. (2) The division of child support shall continue to provide support enforcement services for so long as and under such conditions as the department shall establish by regulation or until the superior court enters an order removing the requirement that the obligor make support payments to the Washington state support registry as provided for in RCW 26.23.050. [1997 c 58 § 902; 1994 c 230 § 8; 1989 c 360 § 33.] 26.23.045 Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. 26.23.050 Support orders—Provisions—Enforcement—Confidential information form—Rules. (1) If the division of child support is providing support enforcement services under RCW 26.23.045, or if a party is applying for support enforcement services by signing the application form on the bottom of the support order, the superior court shall include in all court orders that establish or modify a support obligation: (a) A provision that orders and directs the responsible parent to make all support payments to the Washington state support registry; (b) A statement that withholding action may be taken against wages, earnings, assets, or benefits, and liens enforced against real and personal property under the child support statutes of this or any other state, without further notice to the responsible parent at any time after entry of the court order, unless: (i) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding and that withholding should be delayed until a payment is past due; or (ii) The parties reach a written agreement that is approved by the court that provides for an alternate arrangement; (c) A statement that the receiving parent might be required to submit an accounting of how the support is being spent to benefit the child; and (d) A statement that the responsible parent’s privileges to obtain and maintain a license, as def ined in RCW 74.20A.320, may not be renewed, or may be suspended if the parent is not in compliance with a support order as provided in RCW 74.20A.320. 26.23.050 (2008 Ed.) State Support Registry As used in this subsection and subsection (3) of this section, "good cause not to require immediate income withholding" means a written determination of why implementing immediate wage withholding would not be in the child’s best interests and, in modification cases, proof of timely payment of previously ordered support. (2) In all other cases not under subsection (1) of this section, the court may order the responsible parent to make payments directly to the person entitled to receive the payments, to the Washington state support registry, or may order that payments be made in accordance with an alternate arrangement agreed upon by the parties. (a) The superior court shall include in all orders under this subsection that establish or modify a support obligation: (i) A statement that withholding action may be taken against wages, earnings, assets, or benefits, and liens enforced against real and personal property under the child support statutes of this or any other state, without further notice to the responsible parent at any time after entry of the court order, unless: (A) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding and that withholding should be delayed until a payment is past due; or (B) The parties reach a written agreement that is approved by the court that provides for an alternate arrangement; and (ii) A statement that the receiving parent may be required to submit an accounting of how the support is being spent to benefit the child. As used in this subsection, "good cause not to require immediate income withholding" is any reason that the court finds appropriate. (b) The superior court may order immediate or delayed income withholding as follows: (i) Immediate income withholding may be ordered if the responsible parent has earnings. If immediate income withholding is ordered under this subsection, all support payments shall be paid to the Washington state support registry. The superior court shall issue a mandatory wage assignment order as set forth in chapter 26.18 RCW when the support order is signed by the court. The parent entitled to receive the transfer payment is responsible for serving the employer with the order and for its enforcement as set forth in chapter 26.18 RCW. (ii) If immediate income withholding is not ordered, the court shall require that income withholding be delayed until a payment is past due. The support order shall contain a statement that withholding action may be taken against wages, earnings, assets, or benefits, and liens enforced against real and personal property under the child support statutes of this or any other state, without further notice to the responsible parent, after a payment is past due. (c) If a mandatory wage withholding order under chapter 26.18 RCW is issued under this subsection and the division of child support provides support enforcement services under RCW 26.23.045, the existing wage withholding assignment is prospectively superseded upon the division of child support’s subsequent service of an income withholding notice. (3) The office of administrative hearings and the department of social and health services shall require that all sup(2008 Ed.) 26.23.050 port obligations established as administrative orders include a provision which orders and directs that the responsible parent shall make all support payments to the Washington state support registry. All administrative orders shall also state that the responsible parent’s privileges to obtain and maintain a license, as defined in RCW 74.20A.320, may not be renewed, or may be suspended if the parent is not in compliance with a support order as provided in RCW 74.20A.320. All administrative orders shall also state that withholding action may be taken against wages, earnings, assets, or benefits, and liens enforced against real and personal property under the child support statutes of this or any other state without further notice to the responsible parent at any time after entry of the order, unless: (a) One of the parties demonstrates, and the presiding officer finds, that there is good cause not to require immediate income withholding; or (b) The parties reach a written agreement that is approved by the presiding officer that provides for an alternate agreement. (4) If the support order does not include the provision ordering and directing that all payments be made to the Washington state support registry and a statement that withholding action may be taken against wages, earnings, assets, or benefits if a support payment is past due or at any time after the entry of the order, or that a parent’s licensing privileges may not be renewed, or may be suspended, the division of child support may serve a notice on the responsible parent stating such requirements and authorizations. Service may be by personal service or any form of mail requiring a return receipt. (5) Every support order shall state: (a) The address where the support payment is to be sent; (b) That withholding action may be taken against wages, earnings, assets, or benefits, and liens enforced against real and personal property under the child support statutes of this or any other state, without further notice to the responsible parent at any time after entry of a support order, unless: (i) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding; or (ii) The parties reach a written agreement that is approved by the court that provides for an alternate arrangement; (c) The income of the parties, if known, or that their income is unknown and the income upon which the support award is based; (d) The support award as a sum certain amount; (e) The specific day or date on which the support payment is due; (f) The names and ages of the dependent children; (g) A provision requiring both the responsible parent and the custodial parent to keep the Washington state support registry informed of whether he or she has access to health insurance coverage at reasonable cost and, if so, the health insurance policy information; (h) That either or both the responsible parent and the custodial parent shall be obligated to provide health insurance coverage for his or her child if coverage that can be extended to cover the child is or becomes available to the parent [Title 26 RCW—page 85] 26.23.055 Title 26 RCW: Domestic Relations through employment or is union-related as provided under RCW 26.09.105; (i) That if proof of health insurance coverage or proof that the coverage is unavailable is not provided within twenty days, the parent seeking enforcement or the department may seek direct enforcement of the coverage through the employer or union of the parent required to provide medical support without further notice to the parent as provided under chapter 26.18 RCW; (j) The reasons for not ordering health insurance coverage if the order fails to require such coverage; (k) That the responsible parent’s privileges to obtain and maintain a license, as defined in RCW 74.20A.320, may not be renewed, or may be suspended if the parent is not in compliance with a sup po rt or der as pr ovid ed in RCW 74.20A.320; (l) That each parent must: (i) Promptly file with the court and update as necessary the confidential information form required by subsection (7) of this section; and (ii) Provide the state case registry and update as necessary the information required by subsection (7) of this section; and (m) That parties to administrative support orders shall provide to the state case registry and update as necessary their residential addresses and the address of the responsible parent’s employer. The division of child support may adopt rules that govern the collection of parties’ current residence and mailing addresses, telephone numbers, dates of birth, social security numbers, the names of the children, social security numbers of the children, dates of birth of the children, driver’s license numbers, and the names, addresses, and telephone numbers of the parties’ employers to enforce an administrative support order. The division of child support shall not release this information if the division of child support determines that there is reason to believe that release of the information may result in physical or emotional harm to the party or to the child, or a restraining order or protective order is in effect to protect one party from the other party. (6) After the responsible parent has been ordered or notified to make payments to the Washington state support registry under this section, the responsible parent shall be fully responsible for making all payments to the Washington state support registry and shall be subject to payroll deduction or other income-withholding action. The responsible parent shall not be entitled to credit against a support obligation for any payments made to a person or agency other than to the Washington state support registry except as provided under RCW 74.20.101. A civil action may be brought by the payor to recover payments made to persons or agencies who have received and retained support moneys paid contrary to the provisions of this section. (7) All petitioners and parties to all court actions under chapters 26.09, 26.10, 26.12, 26.18, 26.21A, 26.23, 26.26, and 26.27 RCW shall complete to the best of their knowledge a verified and signed confidential information form or equivalent that provides the parties’ current residence and mailing addresses, telephone numbers, dates of birth, social security numbers, driver’s license numbers, and the names, addresses, and telephone numbers of the parties’ employers. The clerk of the court shall not accept petitions, except in parentage [Title 26 RCW—page 86] actions initiated by the state, orders of child support, decrees of dissolution, or paternity orders for filing in such actions unless accompanied by the confidential information form or equivalent, or unless the confidential information form or equivalent is already on file with the court clerk. In lieu of or in addition to requiring the parties to complete a separate confidential information form, the clerk may collect the information in electronic form. The clerk of the court shall transmit the confidential information form or its data to the division of child support with a copy of the order of child support or paternity order, and may provide copies of the confidential information form or its data and any related findings, decrees, parenting plans, orders, or other documents to the state administrative agency that administers Title IV-A, IV-D, IV-E, or XIX of the federal social security act. In state initiated paternity actions, the parties adjudicated the parents of the child or children shall complete the confidential information form or equivalent or the state’s attorney of record may complete that form to the best of the attorney’s knowledge. (8) The department has rule-making authority to enact rules consistent with 42 U.S.C. Sec. 652(f) and 42 U.S.C. Sec. 666(a)(19) as amended by section 7307 of the deficit reduction act of 2005. Additionally, the department has rulemaking authority to implement regulations required under parts 45 C.F.R. 302, 303, 304, 305, and 308. [2007 c 143 § 3; 2001 c 42 § 3; 1998 c 160 § 2; 1997 c 58 § 888; 1994 c 230 § 9; 1993 c 207 § 1; 1991 c 367 § 39; 1989 c 360 § 15; 1987 c 435 § 5.] Severability—2007 c 143: See note following RCW 26.18.170. Effective date—Severability—2001 c 42: See notes following RCW 26.09.020. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Intent—1997 c 58: See note following RCW 74.20A.320. Severability—Effective date—Captions not law—1991 c 367:See notes following RCW 26.09.015. 26.23.055 Support proceedings, orders, and registry—Required information—Duty to update—Service. (1) Each party to a paternity or child support proceeding must provide the court and the Washington state child support registry with the confidential information form as required under RCW 26.23.050. (2) Each party to an order entered in a child support or paternity proceeding shall update the information required under subsection (1) of this section promptly after any change in the information. The duty established under this section continues as long as any monthly support or support debt remains due under the support order. (3) In any proceeding to establish, enforce, or modify the child support order between the parties, a party may demonstrate to the presiding officer that he or she has diligently attempted to locate the other party. Upon a showing of diligent efforts to locate, the presiding officer shall deem service of process for the action by delivery of written notice to the address most recently provided by the party under this section to be adequate notice of the action. (4) All support orders shall contain notice to the parties of the obligations established by this section and possibility 26.23.055 (2008 Ed.) State Support Registry of service of process according to subsection (3) of this section. [2001 c 42 § 4; 1998 c 160 § 3; 1997 c 58 § 904.] Effective date—Severability—2001 c 42: See notes following RCW 26.09.020. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. 26.23.060 Notice of payroll deduction—Answer— Processing fee. (1) The division of child support may issue a notice of payroll deduction: (a) As authorized by a support order that contains a notice clearly stating that child support may be collected by withholding from earnings, wages, or benefits without further notice to the obligated parent; or (b) After service of a notice containing an income-withholding provision under this chapter or chapter 74.20A RCW. (2) The division of child support shall serve a notice of payroll deduction upon a responsible parent’s employer or upon the employment security department for the state in possession of or owing any benefits from the unemployment compensation fund to the responsible parent pursuant to Title 50 RCW: (a) In the manner prescribed for the service of a summons in a civil action; (b) By certified mail, return receipt requested; (c) By electronic means if there is an agreement between the secretary and the person, firm, corporation, association, political subdivision, department of the state, or agency, subdivision, or instrumentality of the United States to accept service by electronic means; or (d) By regular mail to a responsible parent’s employer unless the division of child support reasonably believes that service of process in the manner prescribed in (a) or (b) of this subsection is required for initiating an action to ensure employer compliance with the withholding requirement. (3) Service of a notice of payroll deduction upon an employer or employment security department requires the employer or employment security department to immediately make a mandatory payroll deduction from the responsible parent’s unpaid disposable earnings or unemployment compensation benefits. The employer or employment security department shall thereafter deduct each pay period the amount stated in the notice divided by the number of pay periods per month. The payroll deduction each pay period shall not exceed fifty percent of the responsible parent’s disposable earnings. (4) A notice of payroll deduction for support shall have priority over any wage assignment, garnishment, attachment, or other legal process. (5) The notice of payroll deduction shall be in writing and include: (a) The name and social security number of the responsible parent; (b) The amount to be deducted from the responsible parent’s disposable earnings each month, or alternate amounts and frequencies as may be necessary to facilitate processing of the payroll deduction; 26.23.060 (2008 Ed.) 26.23.060 (c) A statement that the total amount withheld shall not exceed fifty percent of the responsible parent’s disposable earnings; (d) The address to which the payments are to be mailed or delivered; and (e) A notice to the responsible parent warning the responsible parent that, despite the payroll deduction, the responsible parent’s privileges to obtain and maintain a license, as defined in RCW 74.20A.320, may not be renewed, or may be suspended if the parent is not in compliance with a support order as defined in RCW 74.20A.320. (6) An informational copy of the notice of payroll deduction shall be mailed to the last known address of the responsible parent by regular mail. (7) An employer or employment security department that receives a notice of payroll deduction shall make immediate deductions from the responsible parent’s unpaid disposable earnings and remit proper amounts to the Washington state support registry within seven working days of the date the earnings are payable to the responsible parent. (8) An employer, or the employment security department, upon whom a notice of payroll deduction is served, shall make an answer to the division of child support within twenty days after the date of service. The answer shall confirm compliance and institution of the payroll deduction or explain the circumstances if no payroll deduction is in effect. The answer shall also state whether the responsible parent is employed by or receives earnings from the employer or receives unemployment compensation benefits from the employment security department, whether the employer or employment security department anticipates paying earnings or unemployment compensation benefits and the amount of earnings. If the responsible parent is no longer employed, or receiving earnings from the employer, the answer shall state the present employer’s name and address, if known. If the responsible parent is no longer receiving unemployment compensation benefits from the employment security department, the answer shall state the present employer’s name and address, if known. The returned answer or a payment remitted to the division of child support by the employer constitutes proof of service of the notice of payroll deduction in the case where the notice was served by regular mail. (9) The employer may deduct a processing fee from the remainder of the responsible parent’s earnings after withholding under the notice of payroll deduction, even if the remainder is exempt under RCW 26.18.090. The processing fee may not exceed: (a) Ten dollars for the first disbursement made to the Washington state support registry; and (b) one dollar for each subsequent disbursement to the registry. (10) The notice of payroll deduction shall remain in effect until released by the division of child support, the court enters an order terminating the notice and approving an alternate arrangement under RCW 26.23.050, or until the employer no longer employs the responsible parent and is no longer in possession of or owing any earnings to the responsible parent. The employer shall promptly notify the office of support enforcement when the employer no longer employs the parent subject to the notice. For the employment security department, the notice of payroll deduction shall remain in [Title 26 RCW—page 87] 26.23.070 Title 26 RCW: Domestic Relations effect until released by the division of child support or until the court enters an order terminating the notice. (11) The division of child support may use uniform interstate withholding forms adopted by the United States department of health and human services to take withholding actions under this section whether the responsible parent is receiving earnings or unemployment compensation in this state or in another state. [2000 c 86 § 4; 2000 c 29 § 1; 1998 c 160 § 8; 1997 c 58 § 890; 1994 c 230 § 10; 1991 c 367 § 40; 1989 c 360 § 32; 1987 c 435 § 6.] Reviser’s note: This section was amended by 2000 c 29 § 1 and by 2000 c 86 § 4, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Severability—2000 c 29: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2000 c 29 § 2.] Conflict with federal requirements—2000 c 29: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this act. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state." [2000 c 29 § 3.] Effective date—2000 c 29: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 17, 2000]." [2000 c 29 § 4.] Effective date—1998 c 160 §§ 1, 5, and 8: See note following RCW 74.20A.080. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015. 26.23.070 Payments to registry—Methods—Immunity from civil liability. (1) The employer or the employment security department may combine amounts withheld from the earnings of more than one responsible parent in a single payment to the Washington state support registry, listing separately the amount of the payment which is attributable to each individual. (2) No employer nor employment security department that complies with a notice of payroll deduction under this chapter shall be civilly liable to the responsible parent for complying with a notice of payroll deduction under this chapter. [1991 c 367 § 41; 1987 c 435 § 7.] 26.23.070 Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015. 26.23.075 Payments—Dishonored checks—Fees— Rules. For any payment made by a check as defined in RCW 62A.3-104, if the instrument is dishonored under RCW 62A.3-515, the costs and fees authorized under RCW 62A.3515 apply. The department may establish procedures and adopt rules to enforce this section. [2000 c 215 § 4.] 26.23.075 [Title 26 RCW—page 88] 26.23.080 Certain acts by employers prohibited— Penalties. No employer shall discipline or discharge an employee or refuse to hire a person by reason of an action authorized in this chapter. If an employer disciplines or discharges an employee or refuses to hire a person in violation of this section, the employee or person shall have a cause of action against the employer. The employer shall be liable for double the amount of lost wages and any other damages suffered as a result of the violation and for costs and reasonable attorney fees, and shall be subject to a civil penalty of not more than two thousand five hundred dollars for each violation. The employer may also be ordered to hire, rehire, or reinstate the aggrieved individual. [1987 c 435 § 9.] 26.23.080 26.23.090 Employer liability for failure or refusal to respond or remit earnings. (1) The employer shall be liable to the Washington state support registry, or to the agency or firm providing child support enforcement for another state, under Title IV-D of the federal social security act and issuing a notice, garnishment, or wage assignment attaching wages or earnings in satisfaction of a support obligation, for the amount of support moneys which should have been withheld from the employee’s earnings, if the employer: (a) Fails or refuses, after being served with a notice of payroll deduction, or substantially similar action issued by the agency or firm providing child support enforcement for another state, under Title IV-D of the federal social security act, to deduct and promptly remit from unpaid earnings the amounts of money required in the notice; (b) Fails or refuses to submit an answer to the notice of payroll deduction, or substantially similar action issued by the agency or firm providing child support enforcement for another state, under Title IV-D of the federal social security act, after being served; or (c) Is unwilling to comply with the other requirements of RCW 26.23.060. (2) Liability may be established in superior court or may be established pursuant to RCW 74.20A.350. Awards in superior court and in actions pursuant to RCW 74.20A.350 shall include costs, interest under RCW 19.52.020 and 4.56.110, and reasonable attorneys’ fees and staff costs as a part of the award. Debts established pursuant to this section may be collected by the division of child support using any of the remedies available under chapter 26.09, 26.18, *26.21, 26.23, 74.20, or 74.20A RCW for the collection of child support. [1997 c 296 § 13; 1997 c 58 § 894; 1990 c 165 § 2; 1987 c 435 § 10.] 26.23.090 Reviser’s note: *(1) Chapter 26.21 RCW was repealed by 2002 c 198 § 901, effective January 1, 2007. Later enactment, see chapter 26.21A RCW. (2) This section was amended by 1997 c 58 § 894 and by 1997 c 296 § 13, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. 26.23.100 Motion to quash, modify, or terminate payroll deduction—Grounds for relief. (1) The responsible parent subject to a payroll deduction pursuant to this 26.23.100 (2008 Ed.) State Support Registry chapter, may file a motion in superior court to quash, modify, or terminate the payroll deduction. (2) Except as provided in subsections (4) and (5) of this section, the court may grant relief only upon a showing: (a) That the payroll deduction causes extreme hardship or substantial injustice; or (b) that the support payment was not past due under the terms of the order when the notice of payroll deduction was served on the employer. (3) Satisfaction by the obligor of all past due payments subsequent to the issuance of the notice of payroll deduction is not grounds to quash, modify, or terminate the notice of payroll deduction. (4) If a notice of payroll deduction has been in operation for twelve consecutive months and the obligor’s support obligation is current, upon motion of the obligor, the court may order the office of support enforcement to terminate the payroll deduction, unless the obligee can show good cause as to why the payroll deduction should remain in effect. (5) Subsection (2) of this section shall not prevent the court from ordering an alternative arrangement as provided under RCW 26.23.050(2). [1994 c 230 § 11; 1991 c 367 § 42; 1989 c 360 § 31; 1987 c 435 § 8.] Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015. 26.23.110 Procedures when amount of support obligation needs to be determined—Notice—Adjudicative proceeding—Rules. (1) The department may serve a notice of support owed on a responsible parent when a support order: (a) Does not state the current and future support obligation as a fixed dollar amount; (b) Contains an escalation clause or adjustment provision for which additional information not contained in the support order is needed to determine the fixed dollar amount of the support debt or the fixed dollar amount of the current and future support obligation, or both; or (c) Provides that the responsible parent is responsible for paying for a portion of uninsured medical costs, copayments, and/or deductibles incurred on behalf of the child, but does not reduce the costs to a fixed dollar amount. (2) The department may serve a notice of support owed on a parent who has been designated to pay per a support order a portion of uninsured medical costs, copayments, or deductibles incurred on behalf of the child, but only when the support order does not reduce the costs to a fixed dollar amount. (3) The notice of support owed shall facilitate enforcement of the support order and implement and effectuate the terms of the support order, rather than modify those terms. When the office of support enforcement issues a notice of support owed, the office shall inform the payee under the support order. (4) The notice of support owed shall be served on a responsible parent by personal service or any form of mailing requiring a return receipt. The notice shall be served on the applicant or recipient of services by first-class mail to the last known address. The notice of support owed shall contain an initial finding of the fixed dollar amount of current and future support obligation that should be paid or the fixed dollar 26.23.110 (2008 Ed.) 26.23.110 amount of the support debt owed under the support order, or both. (5) A parent who objects to the fixed dollar amounts stated in the notice of support owed has twenty days from the date of the service of the notice of support owed to file an application for an adjudicative proceeding or initiate an action in superior court. (6) The notice of support owed shall state that the parent may: (a) File an application for an adjudicative proceeding governed by chapter 34.05 RCW, the administrative procedure act, in which the parent will be required to appear and show cause why the fixed dollar amount of support debt or current and future support obligation, or both, stated in the notice of support owed is incorrect and should not be ordered; or (b) Initiate an action in superior court. (7) If either parent does not file an application for an adjudicative proceeding or initiate an action in superior court, the fixed dollar amount of current and future support obligation or support debt, or both, stated in the notice of support owed shall become final and subject to collection action. (8) If an adjudicative proceeding is requested, the department shall mail a copy of the notice of adjudicative proceeding to the parties. (9) If either parent does not initiate an action in superior court, and serve notice of the action on the department and the other party to the support order within the twenty-day period, the parent shall be deemed to have made an election of remedies and shall be required to exhaust administrative remedies under this chapter with judicial review available as provided for in RCW 34.05.510 through 34.05.598. (10) An adjudicative order entered in accordance with this section shall state the basis, rationale, or formula upon which the fixed dollar amounts established in the adjudicative order were based. The fixed dollar amount of current and future support obligation or the amount of the support debt, or both, determined under this section shall be subject to collection under this chapter and other applicable state statutes. (11) The department shall also provide for: (a) An annual review of the support order if either the office of support enforcement or the parent requests such a review; and (b) A late adjudicative proceeding if the parent fails to file an application for an adjudicative proceeding in a timely manner under this section. (12) If an annual review or late adjudicative proceeding is requested under subsection (11) of this section, the department shall mail a copy of the notice of adjudicative proceeding to the parties’ last known address. (13) The department has rule-making authority to enact rules consistent with 42 U.S.C. Sec. 652(f) and 42 U.S.C. Sec. 666(a)(19) as amended by section 7307 of the deficit reduction act of 2005. Additionally, the department has rulemaking authority to implement regulations required under parts 45 C.F.R. 302, 303, 304, 305, and 308. [2007 c 143 § 4; 1993 c 12 § 1. Prior: 1989 c 360 § 16; 1989 c 175 § 77; 1987 c 435 § 11.] Severability—2007 c 143: See note following RCW 26.18.170. Effective dates—1989 c 360 §§ 9, 10, 16, and 39: See note following RCW 74.20A.060. [Title 26 RCW—page 89] 26.23.120 Title 26 RCW: Domestic Relations Effective date—1989 c 175: See note following RCW 34.05.010. 26.23.120 Information and records—Confidentiality—Disclosure—Adjudicative proceeding—Rules—Penalties. (1) Any information or records concerning individuals who owe a support obligation or for whom support enforcement services are being provided which are obtained or maintained by the Washington state support registry, the division of child support, or under chapter 74.20 RCW shall be private and confidential and shall only be subject to public disclosure as provided in subsection (2) of this section. (2) The secretary of the department of social and health services may adopt rules: (a) That specify what information is confidential; (b) That specify the individuals or agencies to whom this information and these records may be disclosed; (c) Limiting the purposes for which the information may be disclosed; (d) Establishing procedures to obtain the information or records; or (e) Establishing safeguards necessary to comply with federal law requiring safeguarding of information. (3) The rules adopted under subsection (2) of this section shall provide for disclosure of the information and records, under appropriate circumstances, which shall include, but not be limited to: (a) When authorized or required by federal statute or regulation governing the support enforcement program; (b) To the person the subject of the records or information, unless the information is exempt from disclosure under chapter 42.56 RCW; (c) To government agencies, whether state, local, or federal, and including federally recognized tribes, law enforcement agencies, prosecuting agencies, and the executive branch, if the disclosure is necessary for child support enforcement purposes or required under Title IV-D of the federal social security act; (d) To the parties in a judicial or adjudicative proceeding upon a specific written finding by the presiding officer that the need for the information outweighs any reason for maintaining the privacy and confidentiality of the information or records; (e) To private persons, federally recognized tribes, or organizations if the disclosure is necessary to permit private contracting parties to assist in the management and operation of the department; (f) Disclosure of address and employment information to the parties to an action for purposes relating to a child support order, subject to the limitations in subsections (4) and (5) of this section; (g) Disclosure of information or records when necessary to the efficient administration of the support enforcement program or to the performance of functions and responsibilities of the support registry and the division of child support as set forth in state and federal statutes; or (h) Disclosure of the information or records when authorized under RCW 74.04.060. (4) Prior to disclosing the whereabouts of a physical custodian, custodial parent or a child to the other parent or party, a notice shall be mailed, if appropriate under the circumstances, to the parent or physical custodian whose where26.23.120 [Title 26 RCW—page 90] abouts are to be disclosed, at that person’s last known address. The notice shall advise the parent or physical custodian that a request for disclosure has been made and will be complied with unless the department: (a) Receives a copy of a court order within thirty days which enjoins the disclosure of the information or restricts or limits the requesting party’s right to contact or visit the parent or party whose address is to be disclosed or the child; (b) Receives a hearing request within thirty days under subsection (5) of this section; or (c) Has reason to believe that the release of the information may result in physical or emotional harm to the physical custodian whose whereabouts are to be released, or to the child. (5) A person receiving notice under subsection (4) of this section may request an adjudicative proceeding under chapter 34.05 RCW, at which the person may show that there is reason to believe that release of the information may result in physical or emotional harm to the person or the child. The administrative law judge shall determine whether the whereabouts of the person or child should be disclosed based on subsection (4)(c) of this section, however no hearing is necessary if the department has in its possession a protective order or an order limiting visitation or contact. (6) The notice and hearing process in subsections (4) and (5) of this section do not apply to protect the whereabouts of a noncustodial parent, unless that parent has requested notice before whereabouts information is released. A noncustodial parent may request such notice by submitting a written request to the division of child support. (7) Nothing in this section shall be construed as limiting or restricting the effect of RCW 42.56.070(9). Nothing in this section shall be construed to prevent the disclosure of information and records if all details identifying an individual are deleted or the individual consents to the disclosure. (8) It shall be unlawful for any person or agency in violation of this section to solicit, publish, disclose, receive, make use of, or to authorize, knowingly permit, participate in or acquiesce in the use of any lists of names for commercial or political purposes or the use of any information for purposes other than those purposes specified in this section. A violation of this section shall be a gross misdemeanor as provided in chapter 9A.20 RCW. [2005 c 274 § 242; 1998 c 160 § 4; 1997 c 58 § 908; 1994 c 230 § 12. Prior: 1989 c 360 § 17; 1989 c 175 § 78; 1987 c 435 § 12.] Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective date—1989 c 175: See note following RCW 34.05.010. 26.23.130 Notice to department of child support or maintenance orders. The department shall be given twenty calendar days prior notice of the entry of any final order and five days prior notice of the entry of any temporary order in any proceeding involving child support or maintenance if the department has a financial interest based on an assignment of support rights under RCW 74.20.330 or the state has a subrogated interest under RCW 74.20A.030. Service of this notice 26.23.130 (2008 Ed.) Cooperative Child Support Services—Indian Tribes upon the department shall be by personal service on, or mailing by any form of mail requiring a return receipt to, the office of the attorney general; except that notice shall be given to the office of the prosecuting attorney for the county in which the action is filed in lieu of the office of the attorney general in those counties and in the types of cases as designated by the office of the attorney general by letter sent to the presiding superior court judge of that county. The department shall not be entitled to terms for a party’s failure to serve the department within the time requirements for this section, unless the department proves that the party knew that the department had an assignment of support rights or a subrogated interest and that the failure to serve the department was intentional. [2002 c 199 § 3; 1991 c 367 § 43.] Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015. 26.23.140 26.23.140 Collection and disclosure of social security numbers—Finding—Waiver requested to prevent fraud. The federal personal responsibility and work opportunity reconciliation act of 1996, P.L. 104-193, requires states to collect social security numbers as part of the application process for professional licenses, driver’s licenses, occupational licenses, and recreational licenses. The legislature finds that if social security numbers are accessible to the public, it will be relatively easy for someone to use another’s social security number fraudulently to assume that person’s identity and gain access to bank accounts, credit services, billing information, driving history, and other sources of personal information. Public Law 104-193 could compound and exacerbate the disturbing trend of social security number-related fraud. In order to prevent fraud and curtail invasions of privacy, the governor, through the department of social and health services, shall seek a waiver to the federal mandate to record social security numbers on applications for professional, driver’s, occupational, and recreational licenses. If a waiver is not granted, the licensing agencies shall collect and disclose social security numbers as required under RCW 26.23.150. [1998 c 160 § 6.] 26.23.150 26.23.150 Recording of social security numbers— Compliance with federal requirement—Restricted disclosure. In order to assist in child support enforcement as required by federal law, all applicants for an original, replacement, or renewal of a professional license, commercial driver’s license, occupational license, or recreational license must furnish the licensing agency with the applicant’s social security number, which shall be recorded on the application. No applicant for an original, replacement, or renewal noncommercial driver’s license is required to furnish the licensing agency with the applicant’s social security number for purposes of assisting in child support enforcement prior to the time necessary to comply with the *federal deadline. The licensing agencies collecting social security numbers shall not display the social security number on the license document. Social security numbers collected by licensing agencies shall not be disclosed except as required by state or federal law or under RCW 26.23.120. [1999 c 138 § 2; 1998 c 160 § 7.] *Reviser’s note: The federal deadline was October 1, 2000. (2008 Ed.) 26.25.010 Finding—Implementation—Intent—1999 c 138: "The legislature declares that enhancing the effectiveness of child support enforcement is an essential public policy goal, but that the use of social security numbers on licenses is an inappropriate, intrusive, and offensive method of improving enforceability. The legislature also finds that, in 1997, the federal government threatened sanction by withholding of funds for programs for poor families if states did not comply with a federal requirement to use social security numbers on licenses, thus causing the legislature to enact such provisions under protest. Since that time, the federal government has delayed implementation of the noncommercial driver’s license requirement until October 1, 2000. The legislature will require compliance with federal law in this matter only at such time and in the event that the federal government actually implements the requirement of using social security numbers on noncommercial driver’s license applications. Therefore, the legislature intends to delay the implementation of provisions enacted in 1998 requiring social security numbers be recorded on all applications for noncommercial driver’s licenses." [1999 c 138 § 1.] 26.23.900 Effective date—1987 c 435. Sections 1 through 3 and 5 through 36 of this act shall take effect January 1, 1988. [1987 c 435 § 37.] 26.23.900 Chapter 26.25 RCW COOPERATIVE CHILD SUPPORT SERVICES— INDIAN TRIBES Chapter 26.25 Sections 26.25.010 26.25.020 26.25.030 26.25.040 Purpose. Cooperative agreements—Authorized. Cooperative agreements—Contents. Rules. 26.25.010 Purpose. The legislature recognizes that Indian tribes are sovereign nations and the relationship between the state and the tribe is sovereign-to-sovereign. The federal government acknowledged the importance of including Indian tribes in child support systems established by the federal government and the states. The personal responsibility and work opportunity reconciliation act of 1996, P.L. 104-193, provides Indian tribes the option of developing their own tribal plan and tribal child support enforcement program to receive funds directly from the federal government for their own Title IV-D program similar to that of other states. The act also expressly authorizes the states and Indian tribe or tribal organization to enter into cooperative agreements to provide for the delivery of child support enforcement services. It is the purpose of this chapter to encourage the department of social and health services, division of child support, and the Indian tribes within the state’s borders to enter into cooperative agreements that will assist the state and tribal governments in carrying out their respective responsibilities. The legislature recognizes that the state and the tribes each possess resources that are sometimes distinct to that government. The legislature intends that the state and the tribes work together to make the most efficient and productive use of all resources and authorities. Cooperative agreements will enable the state and the tribes to better provide child support services to Indian children and to establish and enforce child support obligations, orders, and judgments. Under cooperative agreements, the state and the tribes can work as partners to provide culturally relevant child support services, consistent with state and federal laws, that are based on tribal laws and customs. The leg26.25.010 [Title 26 RCW—page 91] 26.25.020 Title 26 RCW: Domestic Relations islature recognizes that the preferred method for handling cases where all or some of the parties are enrolled tribal members living on the tribal reservation is to develop an agreement so that appropriate cases are referred to the tribe to be processed in the tribal court. The legislature recognizes that cooperative agreements serve the best interests of the children. [1997 c 386 § 60.] 26.25.020 26.25.020 Cooperative agreements—Authorized. (1) The department of social and health services may enter into an agreement with an Indian tribe or tribal organization, which is within the state’s borders and recognized by the federal government, for joint or cooperative action on child support services and child support enforcement. (2) In determining the scope and terms of the agreement, the department and the tribe should consider, among other factors, whether the tribe has an established tribal court system with the authority to establish, modify, or enforce support orders, establish paternity, or enter support orders in accordance with child support guidelines established by the tribe. [1997 c 386 § 61.] 26.25.030 26.25.030 Cooperative agreements—Contents. An agreement established under this section may, but is not required to, address the following: (1) Recognizing the state’s and tribe’s authority to address child support matters with the development of a process designed to determine how tribal member cases may be handled; (2) The authority, procedures, and guidelines for all aspects of establishing, entering, modifying, and enforcing child support orders in the tribal court and the state court; (3) The authority, procedures, and guidelines the department and tribe will follow for the establishment of paternity; (4) The establishment and agreement of culturally relevant factors that may be considered in child support enforcement; (5) The authority, procedures, and guidelines for the garnishing of wages of tribal members or employees of a tribe, tribally owned enterprise, or an Indian-owned business located on the reservation; (6) The department’s and tribe’s responsibilities to each other; (7) The ability for the department and the tribe to address the fiscal responsibilities between each other; (8) Requirements for alternative dispute resolution procedures; (9) The necessary procedures for notice and the continual sharing of information; and (10) The duration of the agreement, under what circumstances the parties may terminate the agreement, and the consequences of breaching the provisions in the agreement. [1997 c 386 § 62.] Chapter 26.26 Sections 26.26.011 26.26.021 26.26.031 26.26.041 26.26.051 26.26.065 26.26.101 26.26.106 26.26.111 26.26.116 26.26.130 26.26.132 26.26.134 26.26.138 26.26.140 26.26.145 26.26.150 26.26.160 26.26.165 26.26.190 26.26.210 26.26.220 26.26.230 26.26.240 26.26.250 26.26.260 26.26.270 26.26.300 26.26.305 26.26.310 26.26.315 26.26.320 26.26.325 26.26.330 26.26.335 26.26.340 26.26.345 26.26.350 26.26.355 26.26.360 26.26.365 26.26.370 26.26.375 26.26.400 26.26.405 26.26.410 26.26.415 26.26.420 26.26.425 26.26.430 26.26.435 26.26.440 26.26.445 26.26.450 26.26.500 26.26.505 26.26.510 26.26.515 26.26.520 26.26.525 26.26.530 26.25.040 26.25.040 Rules. The department of social and health services may adopt rules to implement this chapter. [1997 c 386 § 63.] [Title 26 RCW—page 92] Chapter 26.26 RCW UNIFORM PARENTAGE ACT 26.26.535 26.26.540 Definitions. Scope of act—Choice of law—Surrogate parentage contracts. Courts of this state—Authority. Protection of participants. Determination of maternity. Mandatory use of approved forms. Establishment of parent-child relationship. No discrimination based on marital status. Consequences of establishment of parentage. Presumption of paternity in context of marriage. Judgment or order determining parent and child relationship— Support judgment and orders—Residential provisions— Custody—Restraining orders—Notice of modification or termination of restraining order. Support orders—Compliance with RCW 26.23.050. Support orders—Time limit, exception. Restraining order—Knowing violation—Penalty—Law enforcement immunity. Costs. Proof of certain support and paternity establishment costs. Enforcement of judgments or orders. Modification of judgment or order—Continuing jurisdiction. Health insurance coverage. Relinquishment of child for adoption—Notice to other parent. Surrogate parenting—Definitions. Surrogate parenting—Persons excluded from contracting. Surrogate parenting—Compensation prohibited. Surrogate parenting—Contract for compensation void. Surrogate parenting—Provisions violated—Penalty. Surrogate parenting—Custody of child. Parenting plan—Designation of parent for other state and federal purposes. Acknowledgment of paternity. Execution of acknowledgment of paternity. Denial of paternity. Rules for acknowledgment and denial of paternity. Effect of acknowledgment or denial of paternity. Filing fee for acknowledgment or denial of paternity. Proceeding for rescission of acknowledgment or denial of paternity. Challenge after expiration of time for rescission of acknowledgment or denial of paternity. Procedure for rescission or challenge of acknowledgment or denial of paternity. Ratification barred of unchallenged acknowledgment of paternity. Full faith and credit. Forms for acknowledgment and denial of paternity. Release of information. Adoption of rules. Acknowledgment of paternity—Application of RCW 26.26.300 through 26.26.375—Adjudication. Judicial proceedings. Genetic testing—Application of RCW 26.26.405 through 26.26.450. Order for genetic testing. Requirements for genetic testing. Report of genetic testing. Genetic testing results—Rebuttal. Costs of genetic testing. Additional genetic testing. Genetic testing when specimen not available. Genetic testing—Deceased individual. Genetic testing—Identical brothers. Confidentiality of genetic testing—Penalty. Proceeding to adjudicate parentage authorized. Standing to maintain proceeding to adjudicate parentage. Parties to proceeding to adjudicate parentage. Proceeding to adjudicate parentage—Personal jurisdiction. Proceeding to adjudicate parentage—Venue. Proceeding to adjudicate parentage—No time limitation: Child having no presumed, acknowledged, or adjudicated father. Proceeding to adjudicate parentage—Time limitation: Child having presumed father. Proceeding to adjudicate parentage—Authority to deny genetic testing. Proceeding to adjudicate parentage—Time limitation: Child having acknowledged or adjudicated father. (2008 Ed.) Uniform Parentage Act 26.26.545 26.26.550 26.26.555 26.26.570 26.26.575 26.26.585 26.26.590 26.26.600 26.26.605 26.26.610 26.26.615 26.26.620 26.26.625 26.26.630 26.26.700 26.26.705 26.26.710 26.26.715 26.26.720 26.26.725 26.26.730 26.26.735 26.26.740 26.26.903 26.26.904 26.26.911 26.26.912 26.26.913 Joinder of proceedings. Proceeding to determine parentage—Before birth. Child as party—Representation. Proceeding to adjudicate parentage—Admissibility of results of genetic testing—Expenses. Proceeding to adjudicate parentage—Consequences of declining genetic testing. Proceeding to adjudicate parentage—Admission of paternity authorized. Proceeding to adjudicate parentage—Temporary order. Rules for adjudication of paternity. Proceeding to adjudicate parentage—Jury prohibited. Proceeding to adjudicate parentage—Hearings—Inspection of records. Adjudication of paternity—Order on default. Dismissal for want of prosecution. Order adjudicating parentage. Binding effect of determination of parentage. Application of RCW 26.26.705 through 26.26.740. Child of assisted reproduction—Parental status of donor. Husband’s paternity of child of assisted reproduction. Consent to assisted reproduction. Child of assisted reproduction—Limitation on husband’s dispute of paternity. Child of assisted reproduction—Effect of dissolution of marriage. Child of assisted reproduction—Parental status of deceased spouse. Child of assisted reproduction—Effect of agreement between ovum donor and woman who gives birth. Child of assisted reproduction—Issuance of birth certificate. Uniformity of application and construction—2002 c 302. Transitional provision. Short title—2002 c 302. Severability—2002 c 302. Captions, article designations, and article headings not law. Arrest without warrant in domestic violence cases: RCW 10.31.100. Child support enforcement: Chapter 26.18 RCW. Child support registry: Chapter 26.23 RCW. Domestic violence prevention: Chapter 26.50 RCW. 26.26.011 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Acknowledged father" means a man who has established a father-child relationship under RCW 26.26.300 through 26.26.375. (2) "Adjudicated father" means a man who has been adjudicated by a court of competent jurisdiction to be the father of a child. (3) "Alleged father" means a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined. The term does not include: (a) A presumed father; (b) A man whose parental rights have been terminated or declared not to exist; or (c) A male donor. (4) "Assisted reproduction" means a method of causing pregnancy other than sexual intercourse. The term includes: (a) Intrauterine insemination; (b) Donation of eggs; (c) Donation of embryos; (d) In vitro fertilization and transfer of embryos; and (e) Intracytoplasmic sperm injection. (5) "Child" means an individual of any age whose parentage may be determined under this chapter. (6) "Commence" means to file the petition seeking an adjudication of parentage in a superior court of this state or to serve a summons and the petition. 26.26.011 (2008 Ed.) 26.26.011 (7) "Determination of parentage" means the establishment of the parent-child relationship by the signing of a valid acknowledgment of paternity under RCW 26.26.300 through 26.26.375 or adjudication by the court. (8) "Donor" means an individual who produces eggs or sperm used for assisted reproduction, whether or not for consideration. The term does not include: (a) A husband who provides sperm, or a wife who provides eggs, to be used for assisted reproduction by the wife; or (b) A woman who gives birth to a child by means of assisted reproduction, except as otherwise provided in RCW 26.26.210 through 26.26.260 or 26.26.735. (9) "Ethnic or racial group" means, for purposes of genetic testing, a recognized group that an individual identifies as all or part of his or her ancestry or that is so identified by other information. (10) "Genetic testing" means an analysis of genetic markers only to exclude or identify a man as the father or a woman as the mother of a child. The term includes an analysis of one or a combination of the following: (a) Deoxyribonucleic acid; and (b) Blood-group antigens, red-cell antigens, human-leukocyte antigens, serum enzymes, serum proteins, or red-cell enzymes. (11) "Man" means a male individual of any age. (12) "Parent" means an individual who has established a parent-child relationship under RCW 26.26.101. (13) "Parent-child relationship" means the legal relationship between a child and a parent of the child. The term includes the mother-child relationship and the father-child relationship. (14) "Paternity index" means the likelihood of paternity calculated by computing the ratio between: (a) The likelihood that the tested man is the father, based on the genetic markers of the tested man, mother, and child, conditioned on the hypothesis that the tested man is the father of the child; and (b) The likelihood that the tested man is not the father, based on the genetic markers of the tested man, mother, and child, conditioned on the hypothesis that the tested man is not the father of the child and that the father is from the same ethnic or racial group as the tested man. (15) "Presumed father" means a man who, under RCW 26.26.116, is recognized to be the father of a child until that status is rebutted or confirmed in a judicial proceeding. (16) "Probability of paternity" means the measure, for the ethnic or racial group to which the alleged father belongs, of the probability that the individual in question is the father of the child, compared with a random, unrelated man of the same ethnic or racial group, expressed as a percentage incorporating the paternity index and a prior probability. (17) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (18) "Signatory" means an individual who authenticates a record and is bound by its terms. (19) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, any territory or insular possession subject to the jurisdiction of the United States, or an Indian tribe or band, or [Title 26 RCW—page 93] 26.26.021 Title 26 RCW: Domestic Relations Alaskan native village, that is recognized by federal law or formally acknowledged by state law. (20) "Support enforcement agency" means a public official or agency authorized to seek: (a) Enforcement of support orders or laws relating to the duty of support; (b) Establishment or modification of child support; (c) Determination of parentage; or (d) Location of child support obligors and their income and assets. [2002 c 302 § 102.] 26.26.021 Scope of act—Choice of law—Surrogate parentage contracts. (1) This chapter governs every determination of parentage in this state. (2) The court shall apply the law of this state to adjudicate the parent-child relationship. The applicable law does not depend on: (a) The place of birth of the child; or (b) The past or present residence of the child. (3) This chapter does not create, enlarge, or diminish parental rights or duties under other law of this state. (4) If a birth results under a surrogate parentage contract that is unenforceable under the law of this state, the parentchild relationship is determined as provided in RCW 26.26.101 through 26.26.116. [2002 c 302 § 103.] 26.26.021 26.26.031 Courts of this state—Authority. The superior courts of this state are authorized to adjudicate parentage under this chapter. [2002 c 302 § 104.] 26.26.031 26.26.041 Protection of participants. Proceedings under this chapter are subject to other law of this state governing the health, safety, privacy, and liberty of a child or other individuals that could be jeopardized by disclosure of identifying information, including the address, telephone number, place of employment, social security number, and the child’s day-care facility and school. [2002 c 302 § 105.] 26.26.041 26.26.051 Determination of maternity. The provisions relating to determination of paternity may be applied to a determination of maternity. [2002 c 302 § 106.] (d) A valid surrogate parentage contract, under which the mother is an intended parent of the child, as provided in RCW 26.26.210 through 26.26.260; or (e) An affidavit and physician’s certificate in a form prescribed by the department of health wherein the donor of ovum or surrogate gestation carrier sets forth her intent to be legally bound as the parent of a child or children born through alternative reproductive medical technology by filing the affidavit and physician’s certificate with the registrar of vital statistics within ten days after the date of the child’s birth pursuant to RCW 26.26.735. (2) The father-child relationship is established between a child and a man by: (a) An unrebutted presumption of the man’s paternity of the child under RCW 26.26.116; (b) The man’s having signed an acknowledgment of paternity under RCW 26.26.300 through 26.26.375, unless the acknowledgment has been rescinded or successfully challenged; (c) An adjudication of the man’s paternity; (d) Adoption of the child by the man; (e) The man’s having consented to assisted reproduction by his wife under RCW 26.26.700 through 26.26.730 that resulted in the birth of the child; or (f) A valid surrogate parentage contract, under which the father is an intended parent of the child, as provided in RCW 26.26.210 through 26.26.260. [2002 c 302 § 201.] 26.26.106 No discrimination based on marital status. A child born to parents who are not married to each other has the same rights under the law as a child born to parents who are married to each other. [2002 c 302 § 202.] 26.26.106 26.26.111 Consequences of establishment of parentage. Unless parental rights are terminated, the parent-child relationship established under this chapter applies for all purposes, except as otherwise provided by other law of this state. [2002 c 302 § 203.] 26.26.111 26.26.051 26.26.065 Mandatory use of approved forms. (1) Effective January 1, 1992, a party shall not file any pleading with the clerk of the court in an action commenced under this chapter unless on forms approved by the administrative office of the courts. (2) The parties shall comply with requirements for submission to the court of forms as provided in RCW 26.18.220. [2005 c 282 § 38; 1992 c 229 § 7; 1990 1st ex.s. c 2 § 28.] 26.26.065 Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100. 26.26.101 Establishment of parent-child relationship. (1) The mother-child relationship is established between a child and a woman by: (a) The woman’s having given birth to the child, except as otherwise provided in RCW 26.26.210 through 26.26.260; (b) An adjudication of the woman’s maternity; (c) Adoption of the child by the woman; 26.26.101 [Title 26 RCW—page 94] 26.26.116 Presumption of paternity in context of marriage. (1) A man is presumed to be the father of a child if: (a) He and the mother of the child are married to each other and the child is born during the marriage; (b) He and the mother of the child were married to each other and the child is born within three hundred days after the marriage is terminated by death, annulment, dissolution of marriage, legal separation, or declaration of invalidity; (c) Before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is, or could be, declared invalid and the child is born during the invalid marriage or within three hundred days after its termination by death, annulment, dissolution of marriage, legal separation, or declaration of invalidity; or (d) After the birth of the child, he and the mother of the child have married each other in apparent compliance with law, whether or not the marriage is, or could be declared invalid, and he voluntarily asserted his paternity of the child, and: 26.26.116 (2008 Ed.) Uniform Parentage Act (i) The assertion is in a record filed with the state registrar of vital statistics; (ii) Agreed to be and is named as the child’s father on the child’s birth certificate; or (iii) Promised in a record to support the child as his own. (2) A presumption of paternity established under this section may be rebutted only by an adjudication under RCW 26.26.500 through 26.26.630. [2002 c 302 § 204.] 26.26.130 Judgment or order determining parent and child relationship—Support judgment and orders— Residential provisions—Custody—Restraining orders— Notice of modification or termination of restraining order. (1) The judgment and order of the court determining the existence or nonexistence of the parent and child relationship shall be determinative for all purposes. (2) If the judgment and order of the court is at variance with the child’s birth certificate, the court shall order that an amended birth certificate be issued. (3) The judgment and order shall contain other appropriate provisions directed to the appropriate parties to the proceeding, concerning the duty of current and future support, the extent of any liability for past support furnished to the child if that issue is before the court, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. The judgment and order may direct the father to pay the reasonable expenses of the mother’s pregnancy and confinement. The judgment and order may include a continuing restraining order or injunction. In issuing the order, the court shall consider the provisions of RCW 9.41.800. (4) The judgment and order shall contain a provision that each party must file with the court and the Washington state child support registry and update as necessary the information required in the confidential information form required by RCW 26.23.050. (5) Support judgment and orders shall be for periodic payments which may vary in amount. The court may limit the father’s liability for the past support to the child to the proportion of the expenses already incurred as the court deems just. The court shall not limit or affect in any manner the right of nonparties including the state of Washington to seek reimbursement for support and other services previously furnished to the child. (6) After considering all relevant factors, the court shall order either or both parents to pay an amount determined pursuant to the schedule and standards contained in chapter 26.19 RCW. (7) On the same basis as provided in chapter 26.09 RCW, the court shall make residential provisions with regard to minor children of the parties, except that a parenting plan shall not be required unless requested by a party. (8) In any dispute between the natural parents of a child and a person or persons who have (a) commenced adoption proceedings or who have been granted an order of adoption, and (b) pursuant to a court order, or placement by the department of social and health services or by a licensed agency, have had actual custody of the child for a period of one year or more before court action is commenced by the natural parent or parents, the court shall consider the best welfare and interests of the child, including the child’s need for situation 26.26.130 (2008 Ed.) 26.26.132 stability, in determining the matter of custody, and the parent or person who is more fit shall have the superior right to custody. (9) In entering an order under this chapter, the court may issue any necessary continuing restraining orders, including the restraint provisions of domestic violence protection orders under chapter 26.50 RCW or antiharassment protection orders under chapter 10.14 RCW. (10) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing another party, from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST. (11) The court shall order that any restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state. (12) If a restraining order issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system. [2001 c 42 § 5; 2000 c 119 § 10; 1997 c 58 § 947; 1995 c 246 § 31; 1994 sp.s. c 7 § 455. Prior: 1989 c 375 § 23; 1989 c 360 § 18; 1987 c 460 § 56; 1983 1st ex.s. c 41 § 8; 1975-’76 2nd ex.s. c 42 § 14.] Effective date—Severability—2001 c 42: See notes following RCW 26.09.020. Application—2000 c 119: See note following RCW 26.50.021. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Severability—1995 c 246: See note following RCW 26.50.010. Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540. Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439460: See note following RCW 9.41.010. Severability—1989 c 375: See RCW 26.09.914. Short title—Section captions—Effective date—Severability—1987 c 460: See RCW 26.09.910 through 26.09.913. Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060. 26.26.132 Support orders—Compliance with RCW 26.23.050. Every court order or decree establishing a child support obligation shall be entered in compliance with RCW 26.26.132 [Title 26 RCW—page 95] 26.26.134 Title 26 RCW: Domestic Relations 26.23.050. [1987 c 435 § 27; 1986 c 138 § 3; 1984 c 260 § 23.] Effective date—1987 c 435: See RCW 26.23.900. Severability—1984 c 260: See RCW 26.18.900. 26.26.134 Support orders—Time limit, exception. A court may not order payment for support provided or expenses incurred more than five years prior to the commencement of the action. Any period of time in which the responsible party has concealed himself or avoided the jurisdiction of the court under this chapter shall not be included within the five-year period. [1983 1st ex.s. c 41 § 11.] 26.26.134 Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060. 26.26.138 Restraining order—Knowing violation— Penalty—Law enforcement immunity. (1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, is punishable under RCW 26.50.110. (2) A person is deemed to have notice of a restraining order if: (a) The person to be restrained or the person’s attorney signed the order; (b) The order recites that the person to be restrained or the person’s attorney appeared in person before the court; (c) The order was served upon the person to be restrained; or (d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court. (3) A peace officer shall verify the existence of a restraining order by: (a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or (b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court. (4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that: (a) A restraining order has been issued under this chapter; (b) The respondent or person to be restrained knows of the order; and (c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location. 26.26.138 [Title 26 RCW—page 96] (5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule. (6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice. [2000 c 119 § 23; 1999 c 184 § 12; 1996 c 248 § 11; 1995 c 246 § 33.] Application—2000 c 119: See note following RCW 26.50.021. Short title—Severability—1999 c 184: See RCW 26.52.900 and 26.52.902. Severability—1995 c 246: See note following RCW 26.50.010. 26.26.140 Costs. The court may order reasonable fees of experts and the child’s guardian ad litem, and other costs of the action, including blood or genetic test costs, to be paid by the parties in proportions and at times determined by the court. The court may order that all or a portion of a party’s reasonable attorney’s fees be paid by another party, except that an award of attorney’s fees assessed against the state or any of its agencies or representatives shall be under RCW 4.84.185. [1994 c 146 § 4; 1984 c 260 § 35; 1975-’76 2nd ex.s. c 42 § 15.] 26.26.140 Severability—1984 c 260: See RCW 26.18.900. 26.26.145 Proof of certain support and paternity establishment costs. In all actions brought under this chapter, bills for pregnancy, childbirth, and genetic testing shall: (1) Be admissible as evidence without requiring thirdparty foundation testimony; and (2) Constitute prima facie evidence of amounts incurred for such services or for testing on behalf of the child. [1997 c 58 § 939.] 26.26.145 Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. 26.26.150 Enforcement of judgments or orders. (1) If existence of the father and child relationship is declared, or paternity or a duty of support has been acknowledged or adjudicated under this chapter or under prior law, the obligation of the father may be enforced in the same or other proceedings by the mother, the child, the state of Washington, the public authority that has furnished or may furnish the reasonable expenses of pregnancy, confinement, education, support, or funeral, or by any other person, including a private agency, to the extent he has furnished or is furnishing these expenses. (2) The court shall order support payments to be made to the Washington state support registry, or the person entitled to receive the payments under an alternate arrangement approved by the court as provided in RCW 26.23.050(2). (3) All remedies for the enforcement of judgments apply. [1994 c 230 § 16; 1987 c 435 § 28; 1975-’76 2nd ex.s. c 42 § 16.] 26.26.150 Effective date—1987 c 435: See RCW 26.23.900. 26.26.160 Modification of judgment or order—Continuing jurisdiction. (1) Except as provided in subsection (2) of this section the court has continuing jurisdiction to prospectively modify a judgment and order for future education 26.26.160 (2008 Ed.) Uniform Parentage Act and future support, and with respect to matters listed in RCW 26.26.130 (3) and (5), and RCW 26.26.150(2) upon showing a substantial change of circumstances. The procedures set forth in RCW 26.09.175 shall be used in modification proceedings under this section. (2) A judgment or order entered under this chapter may be modified without a showing of substantial change of circumstances upon the same grounds as RCW 26.09.170 permits support orders to be modified without a showing of a substantial change of circumstance. (3) The court may modify a parenting plan or residential provisions adopted pursuant to RCW 26.26.130(7) in accordance with the provisions of chapter 26.09 RCW. (4) The court shall hear and review petitions for modifications of a parenting plan, custody order, visitation order, or other order governing the residence of a child, and conduct any proceedings concerning a relocation of the residence where the child resides a majority of the time, pursuant to chapter 26.09 RCW. [2000 c 21 § 20; 1992 c 229 § 8; 1989 c 360 § 36; 1975-’76 2nd ex.s. c 42 § 17.] Applicability—2000 c 21: See RCW 26.09.405. Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405. 26.26.165 Health insurance coverage. (1) In entering or modifying a support order under this chapter, the court shall require either or both parents to maintain or provide health insurance coverage for any dependent child as provided under RCW 26.09.105. (2) This section shall not be construed to limit the authority of the court to enter or modify support orders containing provisions for payment of uninsured health expenses, health costs, or insurance premiums which are in addition to and not inconsistent with this section. "Health insurance coverage" as used in this section does not include medical assistance provided under chapter 74.09 RCW. (3) A parent ordered to provide health insurance coverage shall provide proof of such coverage or proof that such coverage is unavailable within twenty days of the entry of the order to: (a) The physical custodian; or (b) The department of social and health services if the parent has been notified or ordered to make support payments to the Washington state support registry. (4) Every order requiring a parent to provide health insurance coverage shall be entered in compliance with *RCW 26.23.050 and be subject to direct enforcement as provided under chapter 26.18 RCW. [1994 c 230 § 17; 1989 c 416 § 4.] 26.26.165 26.26.270 (1) "Compensation" means a payment of money, objects, services, or anything else having monetary value except payment of expenses incurred as a result of the pregnancy and the actual medical expenses of a surrogate mother, and the payment of reasonable attorney fees for the drafting of a surrogate parentage contract. (2) "Surrogate gestation" means the implantation in a female of an embryo not genetically related to that female and subsequent gestation of a child by that female. (3) "Surrogate mother" means a female, who is not married to the contributor of the sperm, and who is naturally or artificially inseminated and who subsequently gestates a child conceived through the insemination pursuant to a surrogate parentage contract. (4) "Surrogate parentage contract" means a contract, agreement, or arrangement in which a female, not married to the contributor of the sperm, agrees to conceive a child through natural or artificial insemination or in which a female agrees to surrogate gestation, and to voluntarily relinquish her parental rights to the child. [1989 c 404 § 1.] 26.26.220 Surrogate parenting—Persons excluded from contracting. A person shall not enter into, induce, arrange, procure, or otherwise assist in the formation of a surrogate parentage contract under which an unemancipated minor female or a female diagnosed as being mentally retarded or as having a mental illness or developmental disability is the surrogate mother. [1989 c 404 § 2.] 26.26.220 26.26.230 Surrogate parenting—Compensation prohibited. No person, organization, or agency shall enter into, induce, arrange, procure, or otherwise assist in the formation of a surrogate parentage contract, written or unwritten, for compensation. [1989 c 404 § 3.] 26.26.230 26.26.240 Surrogate parenting—Contract for compensation void. A surrogate parentage contract entered into for compensation, whether executed in the state of Washington or in another jurisdiction, shall be void and unenforceable in the state of Washington as contrary to public policy. [1989 c 404 § 4.] 26.26.240 26.26.250 Surrogate parenting—Provisions violated—Penalty. Any person, organization, or agency who intentionally violates any provision of RCW 26.26.210 through 26.26.260 shall be guilty of a gross misdemeanor. [1989 c 404 § 5.] 26.26.250 26.26.260 Surrogate parenting—Custody of child. If a child is born to a surrogate mother pursuant to a surrogate parentage contract, and there is a dispute between the parties concerning custody of the child, the party having physical custody of the child may retain physical custody of the child until the superior court orders otherwise. The superior court shall award legal custody of the child based upon the factors listed in RCW 26.09.187(3) and 26.09.191. [1989 c 404 § 6.] 26.26.260 *Reviser’s note: The reference to RCW 26.23.050 appears to refer to the amendments made by 1989 c 416 § 8, which was vetoed by the governor. 26.26.190 Relinquishment of child for adoption— Notice to other parent. If a parent relinquishes or proposes to relinquish for adoption a child, the other parent shall be given notice of the adoption proceeding and have the rights provided under the provisions of chapter 26.33 RCW. [1985 c 7 § 87; 1975-’76 2nd ex.s. c 42 § 20.] 26.26.190 26.26.270 Parenting plan—Designation of parent for other state and federal purposes. Solely for the purposes of all other state and federal statutes which require a designation 26.26.270 26.26.210 Surrogate parenting—Definitions. As used in RCW 26.26.210 through 26.26.260: 26.26.210 (2008 Ed.) [Title 26 RCW—page 97] 26.26.300 Title 26 RCW: Domestic Relations or determination of custody, a parenting plan shall designate the parent with whom the child is scheduled to reside a majority of the time as the custodian of the child. However, this designation shall not affect either parent’s rights and responsibilities under the parenting plan. In the absence of such a designation, the parent with whom the child is scheduled to reside the majority of the time shall be deemed to be the custodian of the child for the purposes of such federal and state statutes. [1989 c 375 § 25.] Severability—1989 c 375: See RCW 26.09.914. 26.26.300 Acknowledgment of paternity. The mother of a child and a man claiming to be the father of the child conceived as the result of his sexual intercourse with the mother may sign an acknowledgment of paternity with intent to establish the man’s paternity. [2002 c 302 § 301.] 26.26.300 26.26.305 Execution of acknowledgment of paternity. (1) An acknowledgment of paternity must: (a) Be in a record; (b) Be signed under penalty of perjury by the mother and by the man seeking to establish his paternity; (c) State that the child whose paternity is being acknowledged: (i) Does not have a presumed father, or has a presumed father whose full name is stated; and (ii) Does not have another acknowledged or adjudicated father; (d) State whether there has been genetic testing and, if so, that the acknowledging man’s claim of paternity is consistent with the results of the testing; and (e) State that the signatories understand that the acknowledgment is the equivalent of a judicial adjudication of paternity of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred after two years. (2) An acknowledgment of paternity is void if it: (a) States that another man is a presumed father, unless a denial of paternity signed by the presumed father is filed with the state registrar of vital statistics; (b) States that another man is an acknowledged or adjudicated father; or (c) Falsely denies the existence of a presumed, acknowledged, or adjudicated father of the child. (3) A presumed father may sign an acknowledgment of paternity. [2002 c 302 § 302.] 26.26.305 26.26.310 Denial of paternity. A presumed father of a child may sign a denial of his paternity. The denial is valid only if: (1) An acknowledgment of paternity signed by another man is filed under RCW 26.26.320; (2) The denial is in a record, and signed under penalty of perjury; and (3) The presumed father has not previously: (a) Acknowledged his paternity, unless the previous acknowledgment has been rescinded under RCW 26.26.330 or successfully challenged under RCW 26.26.335; or (b) Been adjudicated to be the father of the child. [2002 c 302 § 303.] 26.26.315 Rules for acknowledgment and denial of paternity. (1) An acknowledgment of paternity and a denial of paternity may be contained in a single document or may be signed in counterparts, and may be filed separately or simultaneously. (2) An acknowledgment of paternity or a denial of paternity may be signed before the birth of the child. (3) An acknowledgment and denial of paternity, if any, take effect on the birth of the child or the filing of the document with the state registrar of vital statistics, whichever occurs later. (4) An acknowledgment or denial of paternity signed by a minor is valid if otherwise in compliance with this chapter. [2002 c 302 § 304.] 26.26.315 26.26.320 Effect of acknowledgment or denial of paternity. (1) Except as otherwise provided in RCW 26.26.330 and 26.26.335, a valid acknowledgment of paternity filed with the state registrar of vital statistics is equivalent to an adjudication of paternity of a child and confers upon the acknowledged father all the rights and duties of a parent. (2) Except as otherwise provided in RCW 26.26.330 and 26.26.335, a valid denial of paternity filed with the state registrar of vital statistics in conjunction with a valid acknowledgment of paternity is equivalent to an adjudication of the nonpaternity of the presumed father and discharges the presumed father from all of the rights and duties of a parent. [2002 c 302 § 305.] 26.26.320 26.26.325 26.26.325 Filing fee for acknowledgment or denial of paternity. The state registrar of vital statistics may charge a fee for filing an acknowledgment or denial of paternity. [2002 c 302 § 306.] 26.26.330 Proceeding for rescission of acknowledgment or denial of paternity. A signatory may rescind an acknowledgment or denial of paternity by commencing a court proceeding to rescind before the earlier of: (1) Sixty days after the effective date of the acknowledgment or denial, as provided in RCW 26.26.315; or (2) The date of the first hearing in a proceeding to which the signatory is a party before a court to adjudicate an issue relating to the child, including a proceeding that establishes support. [2004 c 111 § 1; 2002 c 302 § 307.] 26.26.330 26.26.310 [Title 26 RCW—page 98] 26.26.335 Challenge after expiration of time for rescission of acknowledgment or denial of paternity. (1) After the period for rescission under RCW 26.26.330 has elapsed, a signatory of an acknowledgment or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only: (a) On the basis of fraud, duress, or material mistake of fact; and (b) Within two years after the acknowledgment or denial is filed with the state registrar of vital statistics. (2) A party challenging an acknowledgment or denial of paternity has the burden of proof. [2002 c 302 § 308.] 26.26.335 (2008 Ed.) Uniform Parentage Act 26.26.340 Procedure for rescission or challenge of acknowledgment or denial of paternity. (1) Every signatory to an acknowledgment or denial of paternity must be made a party to a proceeding to rescind or challenge the acknowledgment or denial. (2) For the purpose of rescission of, or challenge to, an acknowledgment or denial of paternity, a signatory submits to personal jurisdiction of this state by signing the acknowledgment or denial, effective upon the filing of the document with the state registrar of vital statistics. (3) Except for good cause shown, during the pendency of a proceeding to rescind or challenge an acknowledgment or denial of paternity, the court may not suspend the legal responsibilities of a signatory arising from an acknowledgment, including the duty to pay child support. (4) A proceeding to rescind or to challenge an acknowledgment or denial of paternity must be conducted in the same manner as a proceeding to adjudicate parentage under RCW 26.26.500 through 26.26.630. (5) At the conclusion of a proceeding to rescind or challenge an acknowledgment or denial of paternity, the court shall order the state registrar of vital statistics to amend the birth record of the child, if appropriate. [2002 c 302 § 309.] 26.26.340 26.26.345 Ratification barred of unchallenged acknowledgment of paternity. A court or administrative agency conducting a judicial or administrative proceeding is not required or permitted to ratify an unchallenged acknowledgment of paternity. [2002 c 302 § 310.] 26.26.345 26.26.350 Full faith and credit. A court of this state shall give full faith and credit to an acknowledgment or denial of paternity effective in another state if the acknowledgment or denial has been signed and is otherwise in compliance with the law of the other state. [2002 c 302 § 311.] 26.26.350 26.26.355 Forms for acknowledgment and denial of paternity. (1) To facilitate compliance with RCW 26.26.300 through 26.26.350, the state registrar of vital statistics shall prescribe forms for the acknowledgment and the denial of paternity. The acknowledgment of paternity shall state, in prominent lettering, that signing the acknowledgment of paternity is equivalent to an adjudication of paternity and confers upon the acknowledged father all the rights and duties of a parent, such as the payment of child support, if the acknowledgment is not challenged or rescinded as prescribed under RCW 26.26.310 through 26.26.340. The form shall include copies of the provisions in RCW 26.26.310 through 26.26.340. (2) A valid acknowledgment or denial of paternity is not affected by a later modification of the prescribed form. [2002 c 302 § 312.] 26.26.355 26.26.360 Release of information. The state registrar of vital statistics may release information relating to the acknowledgment or denial of paternity, not expressly sealed under a court order, to: (1) A signatory of the acknowledgment or denial or their attorneys of record; (2) the courts of this or any other state; (3) the agencies of this or any other state operating a child support program under Title IV-D of 26.26.360 (2008 Ed.) 26.26.400 the social security act; or (4) the agencies of this or any other state involved in a dependency determination for a child named in the acknowledgment or denial of paternity. [2002 c 302 § 313.] 26.26.365 Adoption of rules. The state registrar of vital statistics may adopt rules to implement RCW 26.26.300 through 26.26.375. [2002 c 302 § 314.] 26.26.365 26.26.370 Acknowledgment of paternity—Application of RCW 26.26.300 through 26.26.375—Adjudication. (1) RCW 26.26.300 through 26.26.375 apply to all acknowledgments of paternity executed on or after July 1, 1997. (2) A man who executed an acknowledgment of paternity before July 1, 1997, is rebuttably identified as the father of the child named therein. Any dispute of the parentage, custody, visitation, or support of the child named therein shall be determined in a proceeding to adjudicate the child’s parentage commenced under RCW 26.26.500 through 26.26.630. [2002 c 302 § 315.] 26.26.370 26.26.375 Judicial proceedings. (1) After the period for rescission of an acknowledgment of paternity provided in RCW 26.26.330 has passed, a parent executing an acknowledgment of paternity of the child named therein may commence a judicial proceeding for: (a) Making residential provisions or a parenting plan with regard to the minor child on the same basis as provided in chapter 26.09 RCW; or (b) Establishing a child support obligation under chapter 26.19 RCW and maintaining health insurance coverage under RCW 26.09.105. (2) Pursuant to RCW 26.09.010(3), a proceeding authorized by this section shall be entitled "In re the parenting and support of...." (3) Before the period for a challenge to the acknowledgment or denial of paternity has elapsed under RCW 26.26.335, the petitioner must specifically allege under penalty of perjury, to the best of the petitioner’s knowledge, that: (a) No man other than the man who executed the acknowledgment of paternity is the father of the child; (b) there is not currently pending a proceeding to adjudicate the parentage of the child or that another man is adjudicated the child’s father; and (c) the petitioner has provided notice of the proceeding to any other men who have claimed parentage of the child. Should the respondent or any other person appearing in the action deny the allegations, a permanent parenting plan or residential schedule may not be entered for the child without the matter being converted to a proceeding to challenge the acknowledgment of paternity under RCW 26.26.335 and 26.26.340. A copy of the acknowledgment of paternity must be filed with the petition or response. The court may convert the matter to a proceeding to challenge the acknowledgment on its own motion. [2002 c 302 § 316.] 26.26.375 26.26.400 Genetic testing—Application of RCW 26.26.405 through 26.26.450. RCW 26.26.405 through 26.26.450 govern genetic testing of an individual only to determine parentage, whether the individual: (1) Voluntarily submits to testing; or 26.26.400 [Title 26 RCW—page 99] 26.26.405 Title 26 RCW: Domestic Relations (2) Is tested pursuant to an order of the court or a support enforcement agency. [2002 c 302 § 401.] 26.26.405 Order for genetic testing. (1) Except as otherwise provided in this section and RCW 26.26.410 through 26.26.630, the court shall order the child and other designated individuals to submit to genetic testing if the request for testing is supported by the sworn statement of a party to the proceeding: (a) Alleging paternity and stating facts establishing a reasonable probability of the requisite sexual contact between the individuals; or (b) Denying paternity and stating facts establishing a possibility that sexual contact between the individuals, if any, did not result in the conception of the child. (2) A support enforcement agency may order genetic testing only if there is no presumed, acknowledged, or adjudicated father. (3) If a request for genetic testing of a child is made before birth, the court or support enforcement agency may not order in utero testing. (4) If two or more men are subject to court-ordered genetic testing, the testing may be ordered concurrently or sequentially. [2002 c 302 § 402.] 26.26.405 26.26.410 Requirements for genetic testing. (1) Genetic testing must be of a type reasonably relied upon by experts in the field of genetic testing and performed in a testing laboratory accredited by: (a) The American association of blood banks, or a successor to its functions; (b) The American society for histocompatibility and immunogenetics, or a successor to its functions; or (c) An accrediting body designated by the United States secretary of health and human services. (2) A specimen used in genetic testing may consist of one or more samples or a combination of samples of blood, buccal cells, bone, hair, or other body tissue or fluid. The specimen used in the testing need not be of the same kind for each individual undergoing genetic testing. (3) Based on the ethnic or racial group of an individual, the testing laboratory shall determine the databases from which to select frequencies for use in the calculations. If there is disagreement as to the testing laboratory’s choice, the following rules apply: (a) The individual objecting may require the testing laboratory, within thirty days after receipt of the report of the test, to recalculate the probability of paternity using an ethnic or racial group different from that used by the laboratory. (b) The individual objecting to the testing laboratory’s initial choice shall: (i) If the frequencies are not available to the testing laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies; or (ii) Engage another testing laboratory to perform the calculations. (c) The testing laboratory may use its own statistical estimate if there is a question regarding which ethnic or racial group is appropriate. If available, the testing laboratory shall 26.26.410 [Title 26 RCW—page 100] calculate the frequencies using statistics for any other ethnic or racial group requested. (4) If, after recalculation using a different ethnic or racial group, genetic testing does not rebuttably identify a man as the father of a child under RCW 26.26.420, an individual who has been tested may be required to submit to additional genetic testing. [2002 c 302 § 403.] 26.26.415 Report of genetic testing. (1) The report of genetic testing must be in a record and signed under penalty of perjury by a designee of the testing laboratory. A report made under the requirements of this section is self-authenticating. (2) Documentation from the testing laboratory of the following information is sufficient to establish a reliable chain of custody that allows the results of genetic testing to be admissible without testimony: (a) The names and photographs of the individuals whose specimens have been taken; (b) The names of the individuals who collected the specimens; (c) The places and dates the specimens were collected; (d) The names of the individuals who received the specimens in the testing laboratory; and (e) The dates the specimens were received. [2002 c 302 § 404.] 26.26.415 26.26.420 Genetic testing results— Rebuttal. (1) Under this chapter, a man is rebuttably identified as the father of a child if the genetic testing complies with this section and RCW 26.26.400 through 26.26.415 and 26.26.425 through 26.26.450 and the results disclose that: (a) The man has at least a ninety-nine percent probability of paternity, using a prior probability of 0.50, as calculated by using the combined paternity index obtained in the testing; and (b) A combined paternity index of at least one hundred to one. (2) A man identified under subsection (1) of this section as the father of the child may rebut the genetic testing results only by other genetic testing satisfying the requirements of this section and RCW 26.26.400 through 26.26.415 and 26.26.425 through 26.26.450 which: (a) Excludes the man as a genetic father of the child; or (b) Identifies another man as the father of the child. (3) Except as otherwise provided in RCW 26.26.445, if more than one man is identified by genetic testing as the possible father of the child, the court shall order them to submit to further genetic testing to identify the genetic father. [2002 c 302 § 405.] 26.26.420 26.26.425 Costs of genetic testing. (1) Subject to assessment of costs under RCW 26.26.500 through 26.26.630, the cost of initial genetic testing must be advanced: (a) By a support enforcement agency in a proceeding in which the support enforcement agency is providing services; (b) By the individual who made the request; (c) As agreed by the parties; or (d) As ordered by the court. 26.26.425 (2008 Ed.) Uniform Parentage Act 26.26.525 (2) In cases in which the cost is advanced by the support enforcement agency, the agency may seek reimbursement from a man who is rebuttably identified as the father. [2002 c 302 § 406.] 26.26.500 Proceeding to adjudicate parentage authorized. A civil proceeding may be maintained to adjudicate the parentage of a child. The proceeding is governed by the rules of civil procedure. [2002 c 302 § 501.] 26.26.430 Additional genetic testing. The court or the support enforcement agency shall order additional genetic testing upon the request of a party who contests the result of the original testing. If the previous genetic testing identified a man as the father of the child under RCW 26.26.420, the court or agency may not order additional testing unless the party provides advance payment for the testing. [2002 c 302 § 407.] 26.26.505 Standing to maintain proceeding to adjudicate parentage. Subject to RCW 26.26.300 through 26.26.375, 26.26.530, and 26.26.540, a proceeding to adjudicate parentage may be maintained by: (1) The child; (2) The mother of the child; (3) A man whose paternity of the child is to be adjudicated; (4) The division of child support; (5) An authorized adoption agency or licensed childplacing agency; (6) A representative authorized by law to act for an individual who would otherwise be entitled to maintain a proceeding but who is deceased, incapacitated, or a minor; or (7) An intended parent under a surrogate parentage contract, as provided in RCW 26.26.210 through 26.26.260. [2002 c 302 § 502.] 26.26.430 26.26.435 Genetic testing when specimen not available. (1) If a genetic testing specimen is not available from a man who may be the father of a child, for good cause and under circumstances the court considers to be just, a court may order the following individuals to submit specimens for genetic testing: (a) The parents of the man; (b) Brothers and sisters of the man; (c) Other children of the man and their mothers; and (d) Other relatives of the man necessary to complete genetic testing. (2) If a specimen from the mother of a child is not available for genetic testing, the court may order genetic testing to proceed without a specimen from the mother. (3) Issuance of an order under this section requires a finding that a need for genetic testing outweighs the legitimate interests of the individual sought to be tested. [2002 c 302 § 408.] 26.26.435 26.26.440 Genetic testing—Deceased individual. For good cause shown, the court may order genetic testing of a deceased individual. [2002 c 302 § 409.] 26.26.440 26.26.445 Genetic testing—Identical brothers. (1) The court may order genetic testing of a brother of a man identified as the father of a child if the man is commonly believed to have an identical brother and evidence suggests that the brother may be the genetic father of the child. (2) If genetic testing excludes none of the brothers as the genetic father, and each brother satisfies the requirements as the identified father of the child under RCW 26.26.420 without consideration of another identical brother being identified as the father of the child, the court may rely on nongenetic evidence to adjudicate which brother is the father of the child. [2002 c 302 § 410.] 26.26.445 26.26.500 26.26.505 26.26.510 Parties to proceeding to adjudicate parentage. The following individuals must be joined as parties in a proceeding to adjudicate parentage: (1) The mother of the child; (2) A man whose paternity of the child is to be adjudicated; and (3) An intended parent under a surrogate parentage contract, as provided in RCW 26.26.210 through 26.26.260. [2002 c 302 § 503.] 26.26.510 26.26.515 Proceeding to adjudicate parentage—Personal jurisdiction. (1) An individual may not be adjudicated to be a parent unless the court has personal jurisdiction over the individual. (2) A court of this state having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual, or the guardian or conservator of the individual, if the conditions prescribed in *RCW 26.21.075 are fulfilled. (3) Lack of jurisdiction over one individual does not preclude the court from making an adjudication of parentage binding on another individual over whom the court has personal jurisdiction. [2002 c 302 § 504.] 26.26.515 *Reviser’s note: RCW 26.21.075 was repealed by 2002 c 198 § 901, effective January 1, 2007. Later enactment, see RCW 26.21A.100. 26.26.520 Proceeding to adjudicate parentage— Venue. Venue for a proceeding to adjudicate parentage is in the county of this state in which: (1) The child resides or is found; (2) The respondent resides or is found if the child does not reside in this state; or (3) A proceeding for probate of the presumed or alleged father’s estate has been commenced. [2002 c 302 § 505.] 26.26.520 26.26.450 Confidentiality of genetic testing—Penalty. (1) Release of the report of genetic testing for parentage is controlled by chapter 70.02 RCW. (2) An individual commits a gross misdemeanor punishable under RCW 9.92.020 if the individual intentionally releases an identifiable specimen of another individual for any purpose other than that relevant to the proceeding regarding parentage without a court order or the written permission of the individual who furnished the specimen. [2002 c 302 § 411.] 26.26.450 (2008 Ed.) 26.26.525 Proceeding to adjudicate parentage—No time limitation: Child having no presumed, acknowl26.26.525 [Title 26 RCW—page 101] 26.26.530 Title 26 RCW: Domestic Relations edged, or adjudicated father. A proceeding to adjudicate the parentage of a child having no presumed, acknowledged, or adjudicated father may be commenced at any time during the life of the child, even after: (1) The child becomes an adult; or (2) An earlier proceeding to adjudicate paternity has been dismissed based on the application of a statute of limitation then in effect. [2002 c 302 § 506.] 26.26.530 Proceeding to adjudicate parentage— Time limitation: Child having presumed father. (1) Except as otherwise provided in subsection (2) of this section, a proceeding brought by a presumed father, the mother, or another individual to adjudicate the parentage of a child having a presumed father must be commenced not later than two years after the birth of the child. (2) A proceeding seeking to disprove the father-child relationship between a child and the child’s presumed father may be maintained at any time if the court determines that: (a) The presumed father and the mother of the child neither cohabited nor engaged in sexual intercourse with each other during the probable time of conception; and (b) The presumed father never openly treated the child as his own. [2002 c 302 § 507.] 26.26.530 26.26.535 Proceeding to adjudicate parentage— Authority to deny genetic testing. (1) In a proceeding to adjudicate parentage under circumstances described in RCW 26.26.530, a court may deny genetic testing of the mother, the child, and the presumed father if the court determines that: (a) The conduct of the mother or the presumed father estops that party from denying parentage; and (b) It would be inequitable to disprove the father-child relationship between the child and the presumed father. (2) In determining whether to deny genetic testing under this section, the court shall consider the best interest of the child, including the following factors: (a) The length of time between the proceeding to adjudicate parentage and the time that the presumed father was placed on notice that he might not be the genetic father; (b) The length of time during which the presumed father has assumed the role of father of the child; (c) The facts surrounding the presumed father’s discovery of his possible nonpaternity; (d) The nature of the father-child relationship; (e) The age of the child; (f) The harm to the child which may result if presumed paternity is successfully disproved; (g) The relationship of the child to any alleged father; (h) The extent to which the passage of time reduces the chances of establishing the paternity of another man and a child support obligation in favor of the child; and (i) Other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the presumed father or the chance of other harm to the child. (3) In a proceeding involving the application of this section, the child must be represented by a guardian ad litem. (4) A denial of genetic testing must be based on clear and convincing evidence. 26.26.535 [Title 26 RCW—page 102] (5) If the court denies genetic testing, it shall issue an order adjudicating the presumed father to be the father of the child. [2002 c 302 § 508.] 26.26.540 Proceeding to adjudicate parentage— Time limitation: Child having acknowledged or adjudicated father. (1) If a child has an acknowledged father, a signatory to the acknowledgment or denial of paternity must commence any proceeding seeking to rescind or challenge the paternity of that child only within the time allowed under RCW 26.26.330 or 26.26.335. (2) If a child has an acknowledged father or an adjudicated father, an individual, other than the child, who is neither a signatory to the acknowledgment nor a party to the adjudication and who seeks an adjudication of paternity of the child must commence a proceeding not later than two years after the effective date of the acknowledgment or adjudication. [2002 c 302 § 509.] 26.26.540 26.26.545 Joinder of proceedings. (1) Except as provided in subsection (2) of this section, a proceeding to adjudicate parentage may be joined with a proceeding for: Adoption or termination of parental rights under chapter 26.33 RCW; determination of a parenting plan, child support, annulment, dissolution of marriage, or legal separation under chapter 26.09 or 26.19 RCW; or probate or administration of an estate under chapter 11.48 or 11.54 RCW, or other appropriate proceeding. (2) A respondent may not join the proceedings described in subsection (1) of this section with a proceeding to adjudicate parentage brought under *chapter 26.21 RCW. [2002 c 302 § 510.] 26.26.545 *Reviser’s note: Chapter 26.21 RCW was repealed by 2002 c 198 § 901, effective January 1, 2007. Later enactment, see chapter 26.21A RCW. 26.26.550 Proceeding to determine parentage— Before birth. Although a proceeding to determine parentage may be commenced before the birth of the child, the proceeding may not be concluded until after the birth of the child. The following actions may be taken before the birth of the child: (1) Service of process; (2) Discovery; (3) Except as prohibited by RCW 26.26.405, collection of specimens for genetic testing; and (4) Temporary orders authorized under RCW 26.26.590. [2002 c 302 § 511.] 26.26.550 26.26.555 Child as party— Representation. (1) A minor child is a permissible party, but is not a necessary party to a proceeding under RCW 26.26.500 through 26.26.630. (2) If the child is a party, or if the court finds that the interests of a minor child or incapacitated child are not adequately represented, the court shall appoint a guardian ad litem to represent the child, subject to RCW 74.20.310 neither the child’s mother or father may represent the child as guardian or otherwise. [2002 c 302 § 512.] 26.26.555 26.26.570 Proceeding to adjudicate parentage— Admissibility of results of genetic testing—Expenses. (1) 26.26.570 (2008 Ed.) Uniform Parentage Act Except as otherwise provided in subsection (3) of this section, a record of a genetic testing expert is admissible as evidence of the truth of the facts asserted in the report unless a party objects to its admission within fourteen days after its receipt by the objecting party and cites specific grounds for exclusion. The admissibility of the report is not affected by whether the testing was performed: (a) Voluntarily or under an order of the court or a support enforcement agency; or (b) Before or after the commencement of the proceeding. (2) A party objecting to the results of genetic testing may call one or more genetic testing experts to testify in person or by telephone, videoconference, deposition, or another method approved by the court. Unless otherwise ordered by the court, the party offering the testimony bears the expense for the expert testifying. (3) If a child has a presumed, acknowledged, or adjudicated father, the results of genetic testing are inadmissible to adjudicate parentage unless performed: (a) With the consent of both the mother and the presumed, acknowledged, or adjudicated father; or (b) Under an order of the court under RCW 26.26.405. (4) Copies of bills for genetic testing and for prenatal and postnatal health care for the mother and child that are furnished to the adverse party not less than ten days before the date of a hearing are admissible to establish: (a) The amount of the charges billed; and (b) That the charges were reasonable, necessary, and customary. [2002 c 302 § 521.] 26.26.575 Proceeding to adjudicate parentage—Consequences of declining genetic testing. (1) An order for genetic testing is enforceable by contempt. (2) If an individual whose paternity is being determined declines to submit to genetic testing as ordered by the court, the court may on that basis adjudicate parentage contrary to the position of that individual. (3) Genetic testing of the mother of a child is not a condition precedent to testing the child and a man whose paternity is being determined. If the mother is unavailable or declines to submit to genetic testing, the court may order the testing of the child and every man whose paternity is being adjudicated. [2002 c 302 § 522.] 26.26.575 26.26.585 Proceeding to adjudicate parentage— Admission of paternity authorized. (1) A respondent in a proceeding to adjudicate parentage may admit to the paternity of a child by filing a pleading to that effect or by admitting paternity under penalty of perjury when making an appearance or during a hearing. (2) If the court finds that the admission of paternity was made under this section and finds that there is no reason to question the admission, the court shall issue an order adjudicating the child to be the child of the man admitting paternity. [2002 c 302 § 523.] 26.26.585 26.26.590 Proceeding to adjudicate parentage— Temporary order. This section applies to any proceeding under RCW 26.26.500 through 26.26.630. 26.26.590 (2008 Ed.) 26.26.590 (1) The court shall issue a temporary order for support of a child if the individual ordered to pay support: (a) Is a presumed father of the child; (b) Is petitioning to have his paternity adjudicated or has admitted paternity in pleadings filed with the court; (c) Is identified as the father through genetic testing under RCW 26.26.420; (d) Has declined to submit to genetic testing but is shown by clear and convincing evidence to be the father of the child; or (e) Is the mother of the child. (2) A temporary order may, on the same basis as provided in chapter 26.09 RCW, make residential provisions with regard to minor children of the parties, except that a parenting plan is not required unless requested by a parent. (3) Any party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any party from: (a) Molesting or disturbing the peace of another party; (b) Going onto the grounds of or entering the home, workplace, or school of another party or the day care or school of any child; (c) Knowingly coming within, or knowingly remaining within, a specified distance from a specified location; and (d) Removing a child from the jurisdiction of the court. (4) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW on a temporary basis. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080. Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time. (5) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST. (6) The court shall order that any temporary restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state. [Title 26 RCW—page 103] 26.26.600 Title 26 RCW: Domestic Relations (7) If a restraining order issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system. (8) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed. (9) The court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances. In issuing the order, the court shall consider the provisions of RCW 9.41.800. (10) A temporary order, temporary restraining order, or preliminary injunction: (a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding; (b) May be revoked or modified; (c) Terminates when the final order is entered or when the petition is dismissed; and (d) May be entered in a proceeding for the modification of an existing order. (11) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding. [2002 c 302 § 524.] 26.26.600 Rules for adjudication of paternity. The court shall apply the following rules to adjudicate the paternity of a child: (1) The paternity of a child having a presumed, acknowledged, or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child or identifying another man to be the father of the child. (2) Unless the results of genetic testing are admitted to rebut other results of genetic testing, the man identified as the father of the child under RCW 26.26.420 must be adjudicated the father of the child. (3) If the court finds that genetic testing under RCW 26.26.420 neither identifies nor excludes a man as the father 26.26.600 [Title 26 RCW—page 104] of a child, the court may not dismiss the proceeding. In that event, the results of genetic testing, along with other evidence, are admissible to adjudicate the issue of paternity. (4) Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man excluded as the father of a child by genetic testing must be adjudicated not to be the father of the child. [2002 c 302 § 531.] 26.26.605 Proceeding to adjudicate parentage—Jury prohibited. The court, without a jury, shall adjudicate parentage of a child. [2002 c 302 § 532.] 26.26.605 26.26.610 Proceeding to adjudicate parentage— Hearings—Inspection of records. (1) On request of a party and for good cause shown, the court may close a proceeding under this section and RCW 26.26.500 through 26.26.605 and 26.26.615 through 26.26.630. (2) A final order in a proceeding under this section and RCW 26.26.500 through 26.26.605 and 26.26.615 through 26.26.630 is available for public inspection. Other papers and records are available only with the consent of the parties or on order of the court for good cause. [2002 c 302 § 533.] 26.26.610 26.26.615 Adjudication of paternity—Order on default. The court shall issue an order adjudicating the paternity of a man who: (1) After service of process, is in default; and (2) Is found by the court to be the father of a child. [2002 c 302 § 534.] 26.26.615 26.26.620 Dismissal for want of prosecution. The court may issue an order dismissing a proceeding commenced under this chapter for want of prosecution only without prejudice. An order of dismissal for want of prosecution with prejudice is void and may be challenged in another judicial or an administrative proceeding. [2002 c 302 § 535.] 26.26.620 26.26.625 Order adjudicating parentage. (1) The court shall issue an order adjudicating whether a man alleged or claiming to be the father is the parent of the child. (2) An order adjudicating parentage must identify the child by name and age. (3) Except as otherwise provided in subsection (4) of this section, the court may assess filing fees, reasonable attorneys’ fees, fees for genetic testing, other costs, and necessary travel and other reasonable expenses incurred in a proceeding under this section and RCW 26.26.500 through 26.26.620 and 26.26.630. The court may award attorneys’ fees, which may be paid directly to the attorney, who may enforce the order in the attorney’s own name. (4) The court may not assess fees, costs, or expenses against the support enforcement agency of this state or another state, except as provided by other law. (5) On request of a party and for good cause shown, the court may order that the name of the child be changed. (6) If the order of the court is at variance with the child’s birth certificate, the court shall order the state registrar of vital statistics to issue an amended birth certificate. [2002 c 302 § 536.] 26.26.625 (2008 Ed.) Uniform Parentage Act 26.26.630 Binding effect of determination of parentage. (1) Except as otherwise provided in subsection (2) of this section, a determination of parentage is binding on: (a) All signatories to an acknowledgment or denial of paternity as provided in RCW 26.26.300 through 26.26.375; and (b) All parties to an adjudication by a court acting under circumstances that satisfy the jurisdictional requirements of *RCW 26.21.075. (2) A child is not bound by a determination of parentage under this chapter unless: (a) The acknowledgment of paternity is consistent with the results of the genetic testing; (b) The adjudication of parentage was based on a finding consistent with the results of genetic testing and the consistency is declared in the determination or is otherwise shown; or (c) The child was represented in the proceeding determining parentage by a guardian ad litem. (3) In a proceeding to dissolve a marriage, the court is deemed to have made an adjudication of the parentage of a child if the court acts under circumstances that satisfy the jurisdictional requirements of *RCW 26.21.075, and the final order: (a) Expressly identifies a child as a "child of the marriage," "issue of the marriage," or similar words indicating that the husband is the father of the child; or (b) Provides for support of the child by the husband unless paternity is specifically disclaimed in the order. (4) Except as otherwise provided in subsection (2) of this section, a determination of parentage may be a defense in a subsequent proceeding seeking to adjudicate parentage by an individual who was not a party to the earlier proceeding. (5) A party to an adjudication of paternity may challenge the adjudication only under law of this state relating to appeal, vacation of judgments, and other judicial review. [2002 c 302 § 537.] 26.26.630 *Reviser’s note: RCW 26.21.075 was repealed by 2002 c 198 § 901, effective January 1, 2007. Later enactment, see RCW 26.21A.100. 26.26.700 Application of RCW 26.26.705 through 26.26.740. RCW 26.26.705 through 26.26.740 do not apply to the birth of a child conceived by means of sexual intercourse. [2002 c 302 § 601.] 26.26.700 26.26.705 Child of assisted reproduction—Parental status of donor. A donor is not a parent of a child conceived by means of assisted reproduction. [2002 c 302 § 602.] 26.26.705 26.26.710 Husband’s paternity of child of assisted reproduction. If a husband provides sperm for, or consents to, assisted reproduction by his wife as provided in RCW 26.26.715, he is the father of a resulting child born to his wife. [2002 c 302 § 603.] 26.26.710 26.26.715 Consent to assisted reproduction. (1) A consent to assisted reproduction by a married woman must be in a record signed by the woman and her husband. This requirement does not apply to the donation of eggs for assisted reproduction by another woman. 26.26.715 (2008 Ed.) 26.26.735 (2) Failure of the husband to sign a consent required by subsection (1) of this section, before or after birth of the child, does not preclude a finding that the husband is the father of a child born to his wife if the wife and husband openly treated the child as their own. [2002 c 302 § 604.] 26.26.720 Child of assisted reproduction—Limitation on husband’s dispute of paternity. (1) Except as otherwise provided in subsection (2) of this section, the husband of a wife who gives birth to a child by means of assisted reproduction may not challenge his paternity of the child unless: (a) Within two years after learning of the birth of the child he commences a proceeding to adjudicate his paternity; and (b) The court finds that he did not consent to the assisted reproduction, before or after birth of the child. (2) A proceeding to adjudicate paternity may be maintained at any time if the court determines that: (a) The husband did not provide sperm for, or before or after the birth of the child consent to, assisted reproduction by his wife; (b) The husband and the mother of the child have not cohabited since the probable time of assisted reproduction; and (c) The husband never openly treated the child as his own. (3) The limitation provided in this section applies to a marriage declared invalid after assisted reproduction. [2002 c 302 § 605.] 26.26.720 26.26.725 Child of assisted reproduction—Effect of dissolution of marriage. (1) If a marriage is dissolved before placement of eggs, sperm, or an embryo, the former spouse is not a parent of the resulting child unless the former spouse consented in a record that if assisted reproduction were to occur after a divorce, the former spouse would be a parent of the child. (2) The consent of the former spouse to assisted reproduction may be revoked by that individual in a record at any time before placement of eggs, sperm, or embryos. [2002 c 302 § 606.] 26.26.725 26.26.730 Child of assisted reproduction—Parental status of deceased spouse. If a spouse dies before placement of eggs, sperm, or an embryo, the deceased spouse is not a parent of the resulting child unless the deceased spouse consented in a record that if assisted reproduction were to occur after death, the deceased spouse would be a parent of the child. [2002 c 302 § 607.] 26.26.730 26.26.735 Child of assisted reproduction—Effect of agreement between ovum donor and woman who gives birth. The donor of ovum provided to a licensed physician for use in the alternative reproductive medical technology process of attempting to achieve a pregnancy in a woman other than the donor is treated in law as if she were not the natural mother of a child thereafter conceived and born unless the donor and the woman who gives birth to a child as a result of the alternative reproductive medical technology proce26.26.735 [Title 26 RCW—page 105] 26.26.740 Title 26 RCW: Domestic Relations dures agree in writing that the donor is to be a parent. RCW 26.26.705 does not apply in such case. A woman who gives birth to a child conceived through alternative reproductive medical technology procedures under the supervision and with the assistance of a licensed physician is treated in law as if she were the natural mother of the child unless an agreement in writing signed by an ovum donor and the woman giving birth to the child states otherwise. An agreement pursuant to this section must be in writing and signed by the ovum donor and the woman who gives birth to the child and any other intended parent of the child. The physician shall certify the parties’ signatures and the date of the ovum harvest, identify the subsequent medical procedures undertaken, and identify the intended parents. The agreement, including the affidavit and certification referenced in *RCW 26.26.030, must be filed with the registrar of vital statistics, where it must be kept confidential and in a sealed file. [2002 c 302 § 608.] *Reviser’s note: RCW 26.26.030 was repealed by 2002 c 302 § 711. 26.26.740 Child of assisted reproduction—Issuance of birth certificate. The department of health shall, upon request, issue a birth certificate for any child born as a result of an alternative reproductive medical technology procedure indicating the legal parentage of such child as intended by any agreement filed with the registrar of vital statistics pursuant to RCW 26.26.735. [2002 c 302 § 609.] 26.27.031 26.27.041 26.27.051 26.27.061 26.27.071 26.27.081 26.27.091 26.27.101 26.27.111 26.27.121 ARTICLE 2 JURISDICTION 26.27.201 26.27.211 26.27.221 26.27.231 26.27.241 26.27.251 26.27.261 26.27.271 26.27.281 26.27.291 26.26.903 Uniformity of application and construction—2002 c 302. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [2002 c 302 § 709.] 26.26.904 Transitional provision. A proceeding to adjudicate parentage which was commenced before June 13, 2002, is governed by the law in effect at the time the proceeding was commenced. [2002 c 302 § 712.] 26.27.401 26.27.411 26.27.421 26.27.431 26.27.441 26.27.451 26.27.461 26.27.471 26.27.481 26.27.491 26.27.501 26.27.511 26.27.521 26.27.531 26.27.541 26.27.551 26.27.561 Definitions. Enforcement under Hague Convention. Duty to enforce. Temporary visitation. Registration of child custody determination. Enforcement of registered determination. Simultaneous proceedings. Expedited enforcement of child custody determination. Service of petition and order. Hearing and order. Authorization to take physical custody of child. Costs, fees, and expenses. Recognition and enforcement. Appeals. Role of prosecutor or attorney general. Role of law enforcement. Costs and expenses. ARTICLE 4 MISCELLANEOUS PROVISIONS 26.26.904 26.26.911 Short title—2002 c 302. This act may be known and cited as the uniform parentage act. [2002 c 302 § 101.] Initial child custody jurisdiction. Exclusive, continuing jurisdiction. Jurisdiction to modify determination. Temporary emergency jurisdiction. Notice—Opportunity to be heard—Joinder. Simultaneous proceedings. Inconvenient forum. Jurisdiction declined by reason of conduct. Information to be submitted to court. Appearance of parties and child. ARTICLE 3 ENFORCEMENT 26.26.740 26.26.903 Proceedings governed by other law. Application to Indian tribes. International application of chapter. Effect of child custody determination. Priority. Notice to persons outside state. Appearance and limited immunity. Communication between courts. Taking testimony in another state. Cooperation between courts—Preservation of records. 26.27.901 26.27.911 26.27.921 26.27.931 Application—Construction. Severability—2001 c 65. Transitional provision. Captions, article designations, and article headings not law. 26.26.911 26.26.912 Severability—2002 c 302. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [2002 c 302 § 710.] 26.26.912 26.26.913 Captions, article designations, and article headings not law. Captions, article designations, and article headings used in this chapter are not any part of the law. [2002 c 302 § 713.] 26.26.913 Chapter 26.27 RCW UNIFORM CHILD CUSTODY JURISDICTION ACT Chapter 26.27 Sections ARTICLE 1 GENERAL PROVISIONS 26.27.011 26.27.021 Short title. Definitions. [Title 26 RCW—page 106] ARTICLE 1 GENERAL PROVISIONS 26.27.011 Short title. This chapter may be cited as the uniform child custody jurisdiction and enforcement act. [2001 c 65 § 101.] 26.27.011 26.27.021 Definitions. The definitions in this section apply throughout this chapter, unless the context clearly requires otherwise. (1) "Abandoned" means left without provision for reasonable and necessary care or supervision. (2) "Child" means an individual who has not attained eighteen years of age. (3) "Child custody determination" means a judgment, decree, parenting plan, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual. 26.27.021 (2008 Ed.) Uniform Child Custody Jurisdiction Act (4) "Child custody proceeding" means a proceeding in which legal custody, physical custody, a parenting plan, or visitation with respect to a child is an issue. The term includes a proceeding for dissolution, divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, emancipation proceedings under chapter 13.64 RCW, proceedings under chapter 13.32A RCW, or enforcement under Article 3. (5) "Commencement" means the filing of the first pleading in a proceeding. (6) "Court" means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. (7) "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with a parent or person acting as a parent. A period of temporary absence of a child, parent, or person acting as a parent is part of the period. (8) "Initial determination" means the first child custody determination concerning a particular child. (9) "Issuing court" means the court that makes a child custody determination for which enforcement is sought under this chapter. (10) "Issuing state" means the state in which a child custody determination is made. (11) "Modification" means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. (12) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. (13) "Person acting as a parent" means a person, other than a parent, who: (a) Has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and (b) Has been awarded legal custody by a court or claims a right to legal custody under the law of this state. (14) "Physical custody" means the physical care and supervision of a child. (15) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (16) "Tribe" means an Indian tribe or band, or Alaskan Native village, that is recognized by federal law or formally acknowledged by a state. (17) "Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child. [2001 c 65 § 102.] (2008 Ed.) 26.27.081 26.27.031 Proceedings governed by other law. This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child. [2001 c 65 § 103.] 26.27.031 26.27.041 Application to Indian tribes. (1) A child custody proceeding that pertains to an Indian child as defined in the federal Indian child welfare act, 25 U.S.C. Sec. 1901 et seq., is not subject to this chapter to the extent that it is governed by the federal Indian child welfare act. (2) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying Articles 1 and 2. (3) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under Article 3. [2001 c 65 § 104.] 26.27.041 26.27.051 International application of chapter. (1) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying Articles 1 and 2. (2) Except as otherwise provided in subsection (3) of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under Article 3. (3) A court of this state need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights. [2001 c 65 § 105.] 26.27.051 26.27.061 Effect of child custody determination. A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this state or notified in accordance with RCW 26.27.081 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified. [2001 c 65 § 106.] 26.27.061 26.27.071 Priority. If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon proper motion, must be given priority on the calendar and handled expeditiously. [2001 c 65 § 107.] 26.27.071 26.27.081 Notice to persons outside state. (1) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed for service of process by the law of the state in which the service is made or given in a manner reasonably calculated to give actual notice, and may be made in any of the following ways: (a) Personal delivery outside this state in the manner prescribed for service of process within this state; (b) By any form of mail addressed to the person to be served and requesting a receipt; or (c) As directed by the court, including publication if other means of notification are ineffective. 26.27.081 [Title 26 RCW—page 107] 26.27.091 Title 26 RCW: Domestic Relations (2) Proof of service outside this state may be made: (a) By affidavit of the individual who made the service; (b) In the manner prescribed by the law of this state or the law of the state in which the service is made; or (c) As directed by the order under which the service is made. If service is made by mail, proof may be a receipt signed by the addressee or other evidence of delivery to the addressee. (3) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court. [2001 c 65 § 108.] 26.27.091 Appearance and limited immunity. (1) Except as provided in subsection (2) of this section, a party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding. (2) A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state. (3) The immunity granted by subsection (1) of this section does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in this state. [2001 c 65 § 109.] 26.27.091 26.27.101 Communication between courts. (1) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. (2) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made. (3) Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication. (4) Except as otherwise provided in subsection (3) of this section, a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record. (5) For the purposes of this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. [2001 c 65 § 110.] 26.27.101 26.27.111 Taking testimony in another state. (1) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable 26.27.111 [Title 26 RCW—page 108] in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken. (2) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony. (3) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission. [2001 c 65 § 111.] 26.27.121 Cooperation between courts—Preservation of records. (1) A court of this state may request the appropriate court of another state to: (a) Hold an evidentiary hearing; (b) Order a person to produce or give evidence pursuant to procedures of that state; (c) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding; (d) Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and (e) Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child. (2) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (1) of this section. (3) Travel and other necessary and reasonable expenses incurred under subsections (1) and (2) of this section may be assessed against the parties according to the law of this state. (4) A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding until the child attains eighteen years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records. [2001 c 65 § 112.] 26.27.121 ARTICLE 2 JURISDICTION 26.27.201 Initial child custody jurisdiction. (1) Except as otherwise provided in RCW 26.27.231, a court of this state has jurisdiction to make an initial child custody determination only if: (a) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state; (b) A court of another state does not have jurisdiction under (a) of this subsection, or a court of the home state of the child has declined to exercise jurisdiction on the ground that 26.27.201 (2008 Ed.) Uniform Child Custody Jurisdiction Act this state is the more appropriate forum under RCW 26.27.261 or 26.27.271, and: (i) The child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and (ii) Substantial evidence is available in this state concerning the child’s care, protection, training, and personal relationships; (c) All courts having jurisdiction under (a) of this subsection have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under RCW 26.27.261 or 26.27.271; or (d) No court of any other state would have jurisdiction under the criteria specified in (a), (b), or (c) of this subsection. (2) Subsection (1) of this section is the exclusive jurisdictional basis for making a child custody determination by a court of this state. (3) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination. [2001 c 65 § 201.] 26.27.211 26.27.211 Exclusive, continuing jurisdiction. (1) Except as otherwise provided in RCW 26.27.231, a court of this state that has made a child custody determination consistent with RCW 26.27.201 or 26.27.221 has exclusive, continuing jurisdiction over the determination until: (a) A court of this state determines that neither the child, the child’s parents, and any person acting as a parent do not have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child’s care, protection, training, and personal relationships; or (b) A court of this state or a court of another state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in this state. (2) A court of this state that has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under RCW 26.27.201. [2001 c 65 § 202.] 26.27.241 26.27.231 Temporary emergency jurisdiction. (1) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with abuse. (2) If there is no previous child custody determination that is entitled to be enforced under this chapter and a child custody proceeding has not been commenced in a court of a state having jurisdiction under RCW 26.27.201 through 26.27.221, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under RCW 26.27.201 through 26.27.221. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under RCW 26.27.201 through 26.27.221, a child custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child. (3) If there is a previous child custody determination that is entitled to be enforced under this chapter, or a child custody proceeding has been commenced in a court of a state having jurisdiction under RCW 26.27.201 through 26.27.221, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under RCW 26.27.201 through 26.27.221. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires. (4) A court of this state that has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under RCW 26.27.201 through 26.27.221, shall immediately communicate with the other court. A court of this state that is exercising jurisdiction pursuant to RCW 26.27.201 through 26.27.221, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order. [2001 c 65 § 204.] 26.27.231 26.27.241 Notice—Opportunity to be heard—Joinder. (1) Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of RCW 26.27.081 must be given to: (a) All persons entitled to notice under the law of this state as in child custody proceedings between residents of this state; (b) any parent whose parental rights have not been previously terminated; and (c) any person having physical custody of the child. (2) This chapter does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard. (3) The obligation to join a party and the right to intervene as a party in a child custody proceeding under this chapter are governed by the law of this state as in child custody 26.27.241 26.27.221 26.27.221 Jurisdiction to modify determination. Except as otherwise provided in RCW 26.27.231, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under RCW 26.27.201(1) (a) or (b) and: (1) The court of the other state determines it no longer has exclusive, continuing jurisdiction under RCW 26.27.211 or that a court of this state would be a more convenient forum under RCW 26.27.261; or (2) A court of this state or a court of the other state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in the other state. [2001 c 65 § 203.] (2008 Ed.) [Title 26 RCW—page 109] 26.27.251 Title 26 RCW: Domestic Relations proceedings between residents of this state. [2001 c 65 § 205.] 26.27.251 Simultaneous proceedings. (1) Except as otherwise provided in RCW 26.27.231, a court of this state may not exercise its jurisdiction under this article if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this chapter, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under RCW 26.27.261. (2) Except as otherwise provided in RCW 26.27.231, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to RCW 26.27.281. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this chapter, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding. (3) In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may: (a) Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement; (b) Enjoin the parties from continuing with the proceeding for enforcement; or (c) Proceed with the modification under conditions it considers appropriate. [2001 c 65 § 206.] 26.27.251 26.27.261 Inconvenient forum. (1) A court of this state which has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court’s own motion, or request of another court. (2) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including: (a) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child; (b) The length of time the child has resided outside this state; (c) The distance between the court in this state and the court in the state that would assume jurisdiction; (d) The relative financial circumstances of the parties; 26.27.261 [Title 26 RCW—page 110] (e) Any agreement of the parties as to which state should assume jurisdiction; (f) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child; (g) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and (h) The familiarity of the court of each state with the facts and issues in the pending litigation. (3) If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper. (4) A court of this state may decline to exercise its jurisdiction under this chapter if a child custody determination is incidental to an action for dissolution or another proceeding while still retaining jurisdiction over the dissolution or other proceeding. [2001 c 65 § 207.] 26.27.271 Jurisdiction declined by reason of conduct. (1) Except as otherwise provided in RCW 26.27.231 or by other law of this state, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless: (a) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction; (b) A court of the state otherwise having jurisdiction under RCW 26.27.201 through 26.27.221 determines that this state is a more appropriate forum under RCW 26.27.261; or (c) No court of any other state would have jurisdiction under the criteria specified in RCW 26.27.201 through 26.27.221. (2) If a court of this state declines to exercise its jurisdiction pursuant to subsection (1) of this section, it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under RCW 26.27.201 through 26.27.221. (3) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (1) of this section, it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorneys’ fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state unless authorized by law other than this chapter. [2001 c 65 § 208.] 26.27.271 26.27.281 Information to be submitted to court. (1) Subject to laws providing for the confidentiality of procedures, addresses, and other identifying information, in a child custody proceeding, each party, in its first pleading or in an 26.27.281 (2008 Ed.) Uniform Child Custody Jurisdiction Act attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child’s present address or whereabouts, the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party: (a) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child custody determination, if any; (b) Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; and (c) Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons. (2) If the information required by subsection (1) of this section is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished. (3) If the declaration as to any of the items described in subsection (1)(a) through (c) of this section is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court’s jurisdiction and the disposition of the case. (4) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding. (5) If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice. [2001 c 65 § 209.] 26.27.431 (3) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section. (4) If a party to a child custody proceeding who is outside this state is directed to appear under subsection (2) of this section or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child. [2001 c 65 § 210.] ARTICLE 3 ENFORCEMENT 26.27.401 Definitions. The definitions in this section apply throughout this article, unless the context clearly requires otherwise. (1) "Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. (2) "Respondent" means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. [2001 c 65 § 301.] 26.27.401 26.27.411 Enforcement under Hague Convention. Under this article a court of this state may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination. [2001 c 65 § 302.] 26.27.411 26.27.421 Duty to enforce. (1) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter. (2) A court of this state may use any remedy available under other law of this state including writs of habeas corpus under chapter 7.36 RCW and enforcement proceedings under Title 26 RCW to enforce a child custody determination made by a court of another state. The remedies provided in this article are cumulative and do not affect the availability of other remedies to enforce a child custody determination. [2001 c 65 § 303.] 26.27.421 26.27.291 26.27.291 Appearance of parties and child. (1) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child. (2) If a party to a child custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to RCW 26.27.081 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party. (2008 Ed.) 26.27.431 Temporary visitation. (1) A court of this state that does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing: (a) A visitation schedule made by a court of another state; or (b) The visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule. (2) If a court of this state makes an order under subsection (1)(b) of this section, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria spec26.27.431 [Title 26 RCW—page 111] 26.27.441 Title 26 RCW: Domestic Relations ified in Article 2. The order remains in effect until an order is obtained from the other court or the period expires. [2001 c 65 § 304.] ther contest of the determination with respect to any matter that could have been asserted at the time of registration. [2001 c 65 § 305.] 26.27.441 Registration of child custody determination. (1) A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the appropriate court in this state: (a) A letter or other document requesting registration; (b) Two copies, including one certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration, the determination has not been modified; and (c) Except as otherwise provided in RCW 26.27.281, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child custody determination sought to be registered. (2) On receipt of the documents required by subsection (1) of this section, the registering court shall: (a) Cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form; and (b) Serve notice upon the persons named pursuant to subsection (1)(c) of this section and provide them with an opportunity to contest the registration in accordance with this section. (3) The notice required by subsection (2)(b) of this section must state that: (a) A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state; (b) A hearing to contest the validity of the registered determination must be requested within twenty days after service of notice; and (c) Failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted. (4) A person seeking to contest the validity of a registered determination must request a hearing within twenty days after service of the notice. At that hearing, the court shall confirm the registered determination unless the person contesting registration establishes that: (a) The issuing court did not have jurisdiction under Article 2; (b) The child custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2; or (c) The person contesting registration was entitled to notice, but notice was not given in accordance with the standards of RCW 26.27.081, in the proceedings before the court that issued the determination for which registration is sought. (5) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation. (6) Confirmation of a registered determination, whether by operation of law or after notice and hearing, precludes fur- 26.27.451 Enforcement of registered determination. (1) A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state. (2) A court of this state shall recognize and enforce, but may not modify, except in accordance with Article 2, a registered child custody determination of a court of another state. [2001 c 65 § 306.] 26.27.441 [Title 26 RCW—page 112] 26.27.451 26.27.461 Simultaneous proceedings. If a proceeding for enforcement under this article is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under Article 2, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding. [2001 c 65 § 307.] 26.27.461 26.27.471 Expedited enforcement of child custody determination. (1) A petition under this article must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original. (2) A petition for enforcement of a child custody determination must state: (a) Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was; (b) Whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision must be enforced under this chapter and, if so, identify the court, the case number, and the nature of the proceeding; (c) Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; (d) The present physical address of the child and the respondent, if known; (e) Whether relief in addition to the immediate physical custody of the child and attorneys’ fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought; and (f) If the child custody determination has been registered and confirmed under RCW 26.27.441, the date and place of registration. (3) Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing must be held on the next judicial day after service of the order unless that date is impossible. In that event, the court 26.27.471 (2008 Ed.) Uniform Child Custody Jurisdiction Act shall hold the hearing on the first judicial day possible. The court may extend the date of hearing at the request of the petitioner. (4) An order issued under subsection (3) of this section must state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and the payment of fees, costs, and expenses under RCW 26.27.511, and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that: (a) The child custody determination has not been registered and confirmed under RCW 26.27.441 and that: (i) The issuing court did not have jurisdiction under Article 2; (ii) The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2; (iii) The respondent was entitled to notice, but notice was not given in accordance with the standards of RCW 26.27.081, in the proceedings before the court that issued the order for which enforcement is sought; or (b) The child custody determination for which enforcement is sought was registered and confirmed under RCW 26.27.431, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2. [2001 c 65 § 308.] 26.27.481 Service of petition and order. Except as otherwise provided in RCW 26.27.501, the petition and order must be served, by any method authorized by the law of this state, upon the respondent and any person who has physical custody of the child. [2001 c 65 § 309.] 26.27.481 26.27.491 Hearing and order. (1) Unless the court issues a temporary emergency order pursuant to RCW 26.27.231, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that: (a) The child custody determination has not been registered and confirmed under RCW 26.27.441 and that: (i) The issuing court did not have jurisdiction under Article 2; (ii) The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2; or (iii) The respondent was entitled to notice, but notice was not given in accordance with the standards of RCW 26.27.081, in the proceedings before the court that issued the order for which enforcement is sought; or (b) The child custody determination for which enforcement is sought was registered and confirmed under RCW 26.27.441 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2. (2) The court shall award the fees, costs, and expenses authorized under RCW 26.27.511 and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate. 26.27.491 (2008 Ed.) 26.27.541 (3) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal. (4) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this article. [2001 c 65 § 310.] 26.27.501 Authorization to take physical custody of child. An order under this chapter directing law enforcement to obtain physical custody of the child from the other parent or a third party holding the child may only be sought pursuant to a writ of habeas corpus under chapter 7.36 RCW. [2001 c 65 § 311.] 26.27.501 26.27.511 Costs, fees, and expenses. (1) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorneys’ fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate. (2) The court may not assess fees, costs, or expenses against a state unless authorized by law other than this chapter. [2001 c 65 § 312.] 26.27.511 26.27.521 Recognition and enforcement. A court of this state shall accord full faith and credit to an order issued by another state and consistent with this chapter that enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2. [2001 c 65 § 313.] 26.27.521 26.27.531 Appeals. An appeal may be taken from a final order in a proceeding under this article in accordance with expedited appellate procedures in other civil cases relating to minor children. Unless the court enters a temporary emergency order under RCW 26.27.231, the enforcing court may not stay an order enforcing a child custody determination pending appeal. [2001 c 65 § 314.] 26.27.531 26.27.541 Role of prosecutor or attorney general. (1) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or attorney general may take any lawful action, including resorting to a proceeding under this article or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child custody determination if there is: (a) An existing child custody determination; (b) A request to do so from a court in a pending child custody proceeding; (c) A reasonable belief that a criminal statute has been violated; or (d) A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction. 26.27.541 [Title 26 RCW—page 113] 26.27.551 Title 26 RCW: Domestic Relations (2) A prosecutor or attorney general acting under this section acts on behalf of the court and may not represent any party. [2001 c 65 § 315.] 26.27.551 Role of law enforcement. At the request of a prosecutor or attorney general acting under RCW 26.27.541, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor or attorney general with responsibilities under RCW 26.27.541. [2001 c 65 § 316.] 26.27.551 minor purchasing liquor: RCW 66.44.290. minors frequenting off-limits area—Misrepresenting age: RCW 66.44.310. treating minor, etc., in tavern: RCW 66.44.300. Baseball—Contracts with minors: Chapter 67.04 RCW. Child labor: Chapter 49.12 RCW. support enforcement: Chapter 26.18 RCW. welfare agencies: Chapter 74.15 RCW. Children and youth services: RCW 43.20A.360, chapter 72.05 RCW. Civil defense—Minors entitled to benefits: RCW 38.52.270. Costs (civil) against guardian of infant plaintiff: RCW 4.84.140. 26.27.561 Costs and expenses. If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or attorney general and law enforcement officers under RCW 26.27.541 or 26.27.551. [2001 c 65 § 317.] 26.27.561 ARTICLE 4 MISCELLANEOUS PROVISIONS 26.27.901 Application—Construction. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [2001 c 65 § 401.] 26.27.901 26.27.911 Severability—2001 c 65. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [2001 c 65 § 402.] 26.27.911 Council for children and families: Chapter 43.121 RCW. Crimes and punishment firearms, dangerous weapons delivery to ineligible persons: RCW 9.41.080. possession of pistol by person from eighteen to twenty-one: RCW 9.41.240. frauds and swindles, substitution of child: RCW 9.45.020. kidnapping: Chapter 9A.40 RCW. leaving children unattended in parked automobile: RCW 9.91.060. obscenity—Obscene literature: Chapter 9.68 RCW. sex crimes: Chapter 9A.44 RCW. Department of social and health services, advisory committee on children and youth services: RCW 43.20A.360. District courts (civil) action against infant—Guardian ad litem: RCW 12.04.150. commencement of actions—Action by infant: RCW 12.04.140. Domestic violence prevention: Chapter 26.50 RCW. Family abandonment or nonsupport: Chapter 26.20 RCW. Firearm training program: RCW 77.32.155. Game and game fish—Areas may be set aside for use of minors: RCW 77.12.330. Green Hill School: Chapter 72.16 RCW. 26.27.921 Transitional provision. A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination that was commenced before July 22, 2001, is governed by the law in effect at the time the motion or other request was made. [2001 c 65 § 404.] 26.27.921 Health care records, rights: RCW 70.02.130. Hours of labor: Chapter 49.28 RCW. Juvenile courts and juvenile offenders: Title 13 RCW. Limitation of actions (civil) minors suing guardians for estates sold: RCW 4.16.070. statutes tolled by personal disability: RCW 4.16.190. Maple Lane School: Chapter 72.20 RCW. 26.27.931 Captions, article designations, and article headings not law. Captions, article designations, and article headings used in this chapter are not any part of the law. [2001 c 65 § 405.] 26.27.931 Chapter 26.28 Chapter 26.28 RCW AGE OF MAJORITY (Formerly: Infants) Sections 26.28.010 26.28.015 26.28.020 26.28.030 26.28.040 26.28.050 26.28.060 26.28.070 26.28.080 26.28.085 Age of majority. Age of majority for enumerated specific purposes. Married persons—When deemed of full age. Contracts of minors—Disaffirmance. Disaffirmance barred in certain cases. Satisfaction of minor’s contract for services. Child labor—Penalty. Certain types of employment prohibited—Penalty. Selling or giving tobacco to minor—Belief of representative capacity, no defense—Penalty. Applying tattoo to a minor—Penalty. Alcohol and drug treatment: RCW 70.96A.095. Alcoholic beverage control furnishing liquor to minors—Possession, use: RCW 66.44.270. minor applying for permit: RCW 66.44.280. [Title 26 RCW—page 114] Medical consent, liability of provider: RCW 26.09.310. Mental health treatment: Chapter 71.34 RCW. Missing children clearinghouse and hot line: Chapter 13.60 RCW. Motor vehicle operators’ licenses application of person under eighteen—Signature of parent, etc.: RCW 46.20.100. juvenile agricultural driving permits: RCW 46.20.070. persons ineligible, generally: RCW 46.20.031. Parties to actions (civil)—Guardian ad litem for infant: RCW 4.08.050. Partition guardian may consent to partition: RCW 7.52.470. infant’s share of proceeds to guardian: RCW 7.52.450. Probate descent and distribution to legitimate, illegitimate, adopted children: Chapter 11.04 RCW. escheats—Limitation when claimant is minor: RCW 11.08.280. guardianship—Guardian ad litem: RCW 11.88.090. letters testamentary and of administration—Procedure during minority or absence of executor: RCW 11.28.040. Property taxes—Certificate of delinquency—Redemption before deed— Minors and legally incompetent: RCW 84.64.070. Recognizances for minors: RCW 10.16.150. Savings and loan associations, minors as members: RCW 33.20.040. Schools and colleges, generally: Titles 28A and 28B RCW. (2008 Ed.) Age of Majority Sexual psychopaths and psychopathic delinquents: Chapter 71.06 RCW. Sexually transmitted diseases: RCW 70.24.110. 26.28.060 out the necessity for a guardian ad litem. [1992 c 111 § 12; 1971 ex.s. c 292 § 2.] Shoplifting by minors, liability of parents, guardians: RCW 4.24.230. Severability—1992 c 111: See RCW 26.50.903. Special education—Children with handicapping conditions: Chapter 28A.155 RCW. Findings—1992 c 111: See note following RCW 26.50.030. Severability—1971 ex.s. c 292: See note following RCW 26.28.010. Special rights of action (civil) action by parent for sale or transfer of controlled substance to minor: RCW 69.50.414. action by parent for seduction of child: RCW 4.24.020. action for injury or death of child: RCW 4.24.010. Alcohol and drug treatment: RCW 70.96A.095. State school for blind and deaf—Who may be admitted: RCW 72.40.040. 26.28.020 Married persons—When deemed of full age. All minor persons married to a person of full age shall be deemed and taken to be of full age. [1973 1st ex.s. c 154 § 38; Code 1881 § 2364; 1863 p 434 § 2; 1854 p 407 § 2; RRS § 10549.] State school for girls: Chapter 72.20 RCW. State training school for boys: Chapter 72.16 RCW. Survival of actions (civil)—Action for personal injury survives to spouse, state registered domestic partner, child, stepchildren, or heirs: RCW 4.20.060. Temporary assistance for needy families: Chapter 74.12 RCW. Unemployment compensation, "employment"—Newspaper delivery person exemption: RCW 50.04.240. Uniform transfers to minors act: Chapter 11.114 RCW. Uniform veterans’ guardianship act—Guardian for minor: RCW 73.36.060. Vital statistics, supplemental report on name of child: RCW 70.58.100. Worker’s compensation—"Child" defined: RCW 51.08.030. 26.28.010 Age of majority. Except as otherwise specifically provided by law, all persons shall be deemed and taken to be of full age for all purposes at the age of eighteen years. [1971 ex.s. c 292 § 1; 1970 ex.s. c 17 § 1; 1923 c 72 § 2; Code 1881 § 2363; 1866 p 92 § 1; 1863 p 434 § 1; 1854 p 407 § 1; RRS § 10548.] Mental health treatment: Chapter 71.34 RCW. Sexually transmitted diseases: RCW 70.24.110. 26.28.020 Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030. 26.28.030 Contracts of minors—Disaffirmance. A minor is bound, not only by contracts for necessaries, but also by his other contracts, unless he disaffirms them within a reasonable time after he attains his majority, and restores to the other party all money and property received by him by virtue of the contract, and remaining within his control at any time after his attaining his majority. [1866 p 92 § 2; RRS § 5829.] 26.28.030 26.28.010 Severability—1971 ex.s. c 292: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1971 ex.s. c 292 § 77.] Saving—1923 c 72: "This act shall not apply to females who shall have attained the age of eighteen years at the time this act shall go into effect." [1923 c 72 § 3.] 1923 c 72 was codified as RCW 11.92.010 and 26.28.010. Age of majority for probate law and procedure purposes: RCW 11.76.080, 11.76.095, 11.88.020, and 11.92.010. 26.28.015 Age of majority for enumerated specific purposes. Notwithstanding any other provision of law, and except as provided under RCW 26.50.020, all persons shall be deemed and taken to be of full age for the specific purposes hereafter enumerated at the age of eighteen years: (1) To enter into any marriage contract without parental consent if otherwise qualified by law; (2) To execute a will for the disposition of both real and personal property if otherwise qualified by law; (3) To vote in any election if authorized by the Constitution and otherwise qualified by law; (4) To enter into any legal contractual obligation and to be legally bound thereby to the full extent as any other adult person; (5) To make decisions in regard to their own body and the body of their lawful issue whether natural born to or adopted by such person to the full extent allowed to any other adult person including but not limited to consent to surgical operations; (6) To sue and be sued on any action to the full extent as any other adult person in any of the courts of this state, with- 26.28.040 Disaffirmance barred in certain cases. No contract can be thus disaffirmed in cases where on account of the minor’s own misrepresentations as to his majority, or from his having engaged in business as an adult, the other party had good reasons to believe the minor capable of contracting. [1866 p 93 § 3; RRS § 5830.] 26.28.040 26.28.050 Satisfaction of minor’s contract for services. When a contract for the personal services of a minor has been made with him alone, and those services are afterwards performed, payment made therefor to such minor in accordance with the terms of the contract, is a full satisfaction for those services, and the parents or guardian cannot recover therefor. [1866 p 93 § 4; RRS § 5831.] 26.28.050 26.28.015 (2008 Ed.) 26.28.060 Child labor—Penalty. (1) Every person who shall employ, and every parent, guardian or other person having the care, custody or control of such child, who shall permit to be employed, by another, any child under the age of fourteen years at any labor whatever, in or in connection with any store, shop, factory, mine or any inside employment not connected with farm or house work, without the written permit thereto of a judge of a superior court of the county wherein such child may live, shall be guilty of a misdemeanor. (2) Subsection (1) of this section does not apply to children employed as: (a) Actors or performers in film, video, audio, or theatrical productions; or (b) Youth soccer referees who have been certified by a national referee certification program. [2007 c 464 § 1; 1994 c 62 § 1; 1973 1st ex.s. c 154 § 39; 1909 c 249 § 195; RRS § 2447.] 26.28.060 Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030. Child labor: Chapter 49.12 RCW. [Title 26 RCW—page 115] 26.28.070 Title 26 RCW: Domestic Relations Employment permits: RCW 28A.225.080. 26.28.070 Certain types of employment prohibited— Penalty. Every person who shall employ, or cause to be employed, exhibit or have in his custody for exhibition or employment any minor actually or apparently under the age of eighteen years; and every parent, relative, guardian, employer or other person having the care, custody, or control of any such minor, who shall in any way procure or consent to the employment of such minor: (1) In begging, receiving alms, or in any mendicant occupation; or, (2) In any indecent or immoral exhibition or practice; or, (3) In any practice or exhibition dangerous or injurious to life, limb, health or morals; or, (4) As a messenger for delivering letters, telegrams, packages or bundles, to any known house of prostitution or assignation; Shall be guilty of a misdemeanor. [1909 c 249 § 194; RRS § 2446.] 26.28.070 Juvenile courts and juvenile offenders: Title 13 RCW. 26.28.080 Selling or giving tobacco to minor—Belief of representative capacity, no defense—Penalty. Every person who sells or gives, or permits to be sold or given to any person under the age of eighteen years any cigar, cigarette, cigarette paper or wrapper, or tobacco in any form is guilty of a gross misdemeanor. It shall be no defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another. [1994 sp.s. c 7 § 437. Prior: 1987 c 250 § 2; 1987 c 204 § 1; 1971 ex.s. c 292 § 37; 1919 c 17 § 1; 1911 c 133 § 1; 1909 ex.s. c 27 § 1; 1909 c 249 § 193; 1901 c 122 § 1; 1895 c 126 §§ 1, 3 and 4; RRS § 2445. Formerly RCW 26.08.080, 26.08.090, and 26.08.100.] 26.28.080 Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540. Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439460: See note following RCW 9.41.010. Severability—1971 ex.s. c 292: See note following RCW 26.28.010. Juvenile courts and juvenile offenders: Title 13 RCW. Minors, access to tobacco, role of liquor control board: Chapter 70.155 RCW. 26.28.085 Applying tattoo to a minor—Penalty. Every person who applies a tattoo to any minor under the age of eighteen is guilty of a misdemeanor. It is not a defense to a violation of this section that the person applying the tattoo did not know the minor’s age unless the person applying the tattoo establishes by a preponderance of the evidence that he or she made a reasonable, bona fide attempt to ascertain the true age of the minor by requiring production of a driver’s license or other picture identification card or paper and did not rely solely on the oral allegations or apparent age of the minor. For the purposes of this section, "tattoo" includes any permanent marking or coloring of the skin with any pigment, ink, or dye, or any procedure that leaves a visible scar on the skin. Medical procedures performed by a licensed physician are exempted from this section. [1995 c 373 § 1.] 26.28.085 [Title 26 RCW—page 116] Chapter 26.30 RCW UNIFORM MINOR STUDENT CAPACITY TO BORROW ACT Chapter 26.30 Sections 26.30.010 26.30.020 26.30.900 26.30.910 26.30.920 Definitions. Minors—Contracts—Educational purposes—Enforceability. Uniformity of interpretation. Short title. Effective date—1970 ex.s. c 4. 26.30.010 Definitions. As used in this chapter: (1) "Person" means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. (2) "Educational institution" means any university, college, community college, junior college, high school, technical, vocational, or professional school, or similar institution, wherever located, which has been accredited by the Northwest Association of Higher and Secondary Institutions or approved by the state agency having regulatory powers over the class of schools to which the school belongs, or accredited or approved by the appropriate official, department, or agency of the state in which the institution is located. (3) "Educational loan" means a loan or other aid or assistance for the purpose of furthering the obligor’s education at an educational institution. [1970 ex.s. c 4 § 1.] 26.30.010 Student financial aid program: Chapter 28B.92 RCW. 26.30.020 Minors—Contracts—Educational purposes—Enforceability. Any written obligation signed by a minor sixteen or more years of age in consideration of an educational loan received by him from any person is enforceable as if he were an adult at the time of execution, but only if prior to the making of the educational loan an educational institution has certified in writing to the person making the educational loan that the minor is enrolled, or has been accepted for enrollment, in the educational institution. [1970 ex.s. c 4 § 2.] 26.30.020 Contracts of minors, disaffirmance: RCW 26.28.030. 26.30.900 Uniformity of interpretation. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. [1970 ex.s. c 4 § 3.] 26.30.900 26.30.910 Short title. This chapter may be cited as the "Uniform Minor Student Capacity to Borrow Act." [1970 ex.s. c 4 § 4.] 26.30.910 26.30.920 Effective date—1970 ex.s. c 4. This chapter shall take effect on July 1, 1970. [1970 ex.s. c 4 § 5.] 26.30.920 Chapter 26.33 Chapter 26.33 RCW ADOPTION Sections 26.33.010 26.33.020 26.33.030 Intent. Definitions. Petitions—Place of filing—Consolidation of petitions and hearings. (2008 Ed.) Adoption 26.33.040 26.33.045 26.33.050 26.33.060 26.33.070 26.33.080 26.33.090 26.33.100 26.33.110 26.33.120 26.33.130 26.33.140 26.33.150 26.33.160 26.33.170 26.33.180 26.33.190 26.33.200 26.33.210 26.33.220 26.33.230 26.33.240 26.33.250 26.33.260 26.33.270 26.33.280 26.33.290 26.33.295 26.33.300 26.33.310 26.33.320 26.33.330 26.33.340 26.33.343 26.33.345 26.33.347 26.33.350 26.33.360 26.33.370 26.33.380 26.33.385 26.33.390 26.33.400 26.33.900 26.33.901 Petitions—Application of Indian child welfare act—Requirements—Soldiers and Sailors Civil Relief Act statement and findings. Delay or denial of adoption on basis of race, color, or national origin prohibited—Consideration in placement—Exception—Training. Validity of consents, relinquishments, or orders of termination from other jurisdictions—Burden of proof. Hearings—Procedure—Witnesses. Appointment of guardian ad litem—When required—Payment of fees. Petition for relinquishment—Filing—Written consent required. Petition for relinquishment—Hearing—Temporary custody order—Notice—Order of relinquishment. Petition for termination—Who may file—Contents—Time. Petition for termination—Time and place of hearing—Notice of hearing and petition—Contents. Termination—Grounds—Failure to appear. Termination order—Effect. Who may adopt or be adopted. Petition for adoption—Filing—Contents—Preplacement report required. Consent to adoption—When revocable—Procedure. Consent to adoption—When not required. Preplacement report required before placement with adoptive parents—Exception. Preplacement report—Requirements—Fees. Post-placement report—Requirements—Exception—Fees. Preplacement or post-placement report—Department or agency may make report. Preplacement and post-placement reports—When not required. Notice of proceedings at which preplacement reports considered—Contents—Proof of service—Appearance— Waiver. Petition for adoption—Hearing—Notice—Disposition. Decree of adoption—Determination of place and date of birth. Decree of adoption—Effect—Accelerated appeal—Limited grounds to challenge—Intent. Decree of adoption—Protection of certain rights and benefits. Decree of adoption—Transmittal to state registrar of vital statistics. Decree of adoption—Duties of state registrar of vital statistics. Open adoption agreements—Agreed orders—Enforcement. Adoption statistical data. Notice—Requirements—Waiver. Adoption of hard to place children—Court’s consideration of state’s agreement with prospective adoptive parents. Records sealed—Inspection—Fee. Department, agency, and court files confidential—Limited disclosure of information. Search for birth parent or adopted child—Confidential intermediary. Search for birth parent or adopted child—Limited release of information—Noncertified copies of original birth certificate. Consent or refusal to release adoptee’s identifying information—Desire to be contacted—Certified statement. Medical reports—Requirements. Petition by natural parent to set aside adoption—Costs— Time limit. Permanent care and custody of a child—Assumption, relinquishment, or transfer except by court order or statute, when prohibited—Penalty. Family and social history report required—Identity of birth parents confidential. Standards for locating records and information—Rules. Information on adoption-related services. Advertisements—Prohibitions—Exceptions—Application of consumer protection act. Effective date—Application—1984 c 155. Severability—1984 c 155. Child selling and child buying, class C felony: RCW 9A.64.030. Dependent and delinquent children: Title 13 RCW. Descent and distribution—Adopted children: Chapter 11.04 RCW. Paternity, determination: Chapter 26.26 RCW. Welfare agencies for children: Title 13 RCW. (2008 Ed.) 26.33.020 26.33.010 Intent. The legislature finds that the purpose of adoption is to provide stable homes for children. Adoptions should be handled efficiently, but the rights of all parties must be protected. The guiding principle must be determining what is in the best interest of the child. It is the intent of the legislature that this chapter be used only as a means for placing children in adoptive homes and not as a means for parents to avoid responsibility for their children unless the department, an agency, or a prospective adoptive parent is willing to assume the responsibility for the child. [1984 c 155 § 1.] 26.33.010 26.33.020 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Alleged father" means a person whose parent-child relationship has not been terminated, who is not a presumed father under chapter 26.26 RCW, and who alleges himself or whom a party alleges to be the father of the child. It includes a person whose marriage to the mother was terminated more than three hundred days before the birth of the child or who was separated from the mother more than three hundred days before the birth of the child. (2) "Child" means a person under eighteen years of age. (3) "Adoptee" means a person who is to be adopted or who has been adopted. (4) "Adoptive parent" means the person or persons who seek to adopt or have adopted an adoptee. (5) "Court" means the superior court. (6) "Department" means the department of social and health services. (7) "Agency" means any public or private association, corporation, or individual licensed or certified by the department as a child placing agency under chapter 74.15 RCW or as an adoption agency. (8) "Parent" means the natural or adoptive mother or father of a child, including a presumed father under chapter 26.26 RCW. It does not include any person whose parentchild relationship has been terminated by a court of competent jurisdiction. (9) "Legal guardian" means the department, an agency, or a person, other than a parent or stepparent, appointed by the court to promote the child’s general welfare, with the authority and duty to make decisions affecting the child’s development. (10) "Guardian ad litem" means a person, not related to a party to the action, appointed by the court to represent the best interests of a party who is under a legal disability. (11) "Relinquish or relinquishment" means the voluntary surrender of custody of a child to the department, an agency, or prospective adoptive parents. (12) "Individual approved by the court" or "qualified salaried court employee" means a person who has a master’s degree in social work or a related field and one year of experience in social work, or a bachelor’s degree and two years of experience in social work, and includes a person not having such qualifications only if the court makes specific findings of fact that are entered of record establishing that the person has reasonably equivalent experience. (13) "Birth parent" means the biological mother or biological or alleged father of a child, including a presumed 26.33.020 [Title 26 RCW—page 117] 26.33.030 Title 26 RCW: Domestic Relations father under chapter 26.26 RCW, whether or not any such person’s parent-child relationship has been terminated by a court of competent jurisdiction. "Birth parent" does not include a biological mother or biological or alleged father, including a presumed father under chapter 26.26 RCW, if the parent-child relationship was terminated because of an act for which the person was found guilty under chapter 9A.42 or 9A.44 RCW. (14) "Nonidentifying information" includes, but is not limited to, the following information about the birth parents, adoptive parents, and adoptee: (a) Age in years at the time of adoption; (b) Heritage, including nationality, ethnic background, and race; (c) Education, including number of years of school completed at the time of adoption, but not name or location of school; (d) General physical appearance, including height, weight, color of hair, eyes, and skin, or other information of a similar nature; (e) Religion; (f) Occupation, but not specific titles or places of employment; (g) Talents, hobbies, and special interests; (h) Circumstances leading to the adoption; (i) Medical and genetic history of birth parents; (j) First names; (k) Other children of birth parents by age, sex, and medical history; (l) Extended family of birth parents by age, sex, and medical history; (m) The fact of the death, and age and cause, if known; (n) Photographs; (o) Name of agency or individual that facilitated the adoption. [1993 c 81 § 1; 1990 c 146 § 1; 1984 c 155 § 2.] 26.33.030 Petitions—Place of filing—Consolidation of petitions and hearings. (1) A petition under this chapter may be filed in the superior court of the county in which the petitioner is a resident or of the county in which the adoptee is domiciled. (2) A petition under this chapter may be consolidated with any other petition under this chapter. A hearing under this chapter may be consolidated with any other hearing under this chapter. [1984 c 155 § 3.] and evidentiary requirements under the Indian child welfare act have been satisfied. (c) In proceedings under this chapter, the adoption facilitator shall file a sworn statement documenting efforts to determine whether an Indian child as defined under the Indian child welfare act, 25 U.S.C. Sec. 1903, is involved. (d) Whenever the court or the petitioning party knows or has reason to know that an Indian child is involved in any termination, relinquishment, or placement proceeding under this chapter, the petitioning party shall promptly provide notice to the child’s parent or Indian custodian and to the agent designated by the child’s Indian tribe to receive such notices. Notice shall be by certified mail with return receipt requested. If the identity or location of the parent or Indian custodian and the tribe cannot be determined, notice shall be given to the secretary of the interior in the manner described in 25 C.F.R. 23.11. If the child may be a member of more than one tribe, the petitioning party shall send notice to all tribes the petitioner has reason to know may be affiliated with the child. (e) The notice shall: (i) Contain a statement notifying the parent or custodian and the tribe of the pending proceeding; and (ii) notify the tribe of the tribe’s right to intervene and/or request that the case be transferred to tribal court. (f) No termination, relinquishment, or placement proceeding shall be held until at least ten days after receipt of notice by the tribe. If the tribe requests, the court shall grant the tribe up to twenty additional days to prepare for such proceeding. (2) Every petition filed in proceedings under this chapter shall contain a statement alleging whether the Soldiers and Sailors Civil Relief Act of 1940, 50 U.S.C. Sec. 501 et seq. applies to the proceeding. Every order or decree entered in any proceeding under this chapter shall contain a finding that the Soldiers and Sailors Civil Relief Act of 1940 does or does not apply. [2004 c 64 § 2; 1991 c 136 § 1; 1984 c 155 § 4.] 26.33.030 26.33.040 Petitions—Application of Indian child welfare act—Requirements—Soldiers and Sailors Civil Relief Act statement and findings. (1)(a) Every petition filed in proceedings under this chapter shall contain a statement alleging whether the child is or may be an Indian child as defined in 25 U.S.C. Sec. 1903. If the child is an Indian child as defined under the Indian child welfare act, the provisions of the act shall apply. (b) Every order or decree entered in any proceeding under this chapter shall contain a finding that the Indian child welfare act does or does not apply. Where there is a finding that the Indian child welfare act does apply, the decree or order must also contain a finding that all notice requirements 26.33.040 [Title 26 RCW—page 118] 26.33.045 26.33.045 Delay or denial of adoption on basis of race, color, or national origin prohibited—Consideration in placement—Exception—Training. (1) An adoption shall not be delayed or denied on the basis of the race, color, or national origin of the adoptive parent or the child involved. However, when the department or an agency considers whether a placement option is in a child’s best interests, the department or agency may consider the cultural, ethnic, or racial background of the child and the capacity of prospective adoptive parents to meet the needs of a child of this background. This provision shall not apply to or affect the application of the Indian Child Welfare Act of 1978, 25 U.S.C. Sec. 1901 et seq. (2) The department shall create standardized training to be provided to all department employees involved in the placement of a child to assure compliance with Title IV of the civil rights act of 1964 and the multiethnic placement act of 1994, as amended by the interethnic adoption provisions of the small business job protection act of 1996. Such training shall be open to agency employees. [2006 c 248 § 1; 1995 c 270 § 8.] Finding—1995 c 270: See note following RCW 74.13.118. (2008 Ed.) Adoption 26.33.050 Validity of consents, relinquishments, or orders of termination from other jurisdictions—Burden of proof. Any consent, relinquishment, or order of termination that would be valid in the jurisdiction in which it was executed or obtained, and which comports with due process of law, is valid in Washington state, but the burden of proof as to validity and compliance is on the petitioner. [1984 c 155 § 5.] 26.33.050 26.33.060 Hearings—Procedure—Witnesses. All hearings under this chapter shall be heard by the court without a jury. Unless the parties and the court agree otherwise, proceedings of contested hearings shall be recorded. The general public shall be excluded and only those persons shall be admitted whose presence is requested by any person entitled to notice under this chapter or whom the judge finds to have a direct interest in the case or in the work of the court. Persons so admitted shall not disclose any information obtained at the hearing which would identify the individual adoptee or parent involved. The court may require the presence of witnesses deemed necessary to the disposition of the petition, including persons making any report, study, or examination which is before the court if those persons are reasonably available. A person who has executed a valid waiver need not appear at the hearing. If the court finds that it is in the child’s best interest, the child may be excluded from the hearing. [1984 c 155 § 6.] 26.33.060 26.33.070 Appointment of guardian ad litem—When required—Payment of fees. (1) The court shall appoint a guardian ad litem for any parent or alleged father under eighteen years of age in any proceeding under this chapter. The court may appoint a guardian ad litem for a child adoptee or any incompetent party in any proceeding under this chapter. The guardian ad litem for a parent or alleged father, in addition to determining what is in the best interest of the party, shall make an investigation and report to the court concerning whether any written consent to adoption or petition for relinquishment signed by the parent or alleged father was signed voluntarily and with an understanding of the consequences of the action. (2) The county in which a petition is filed shall pay the fees of a guardian ad litem or attorney appointed under this chapter. [1984 c 155 § 7.] 26.33.070 26.33.080 Petition for relinquishment—Filing— Written consent required. (1) A parent, an alleged father, the department, or an agency may file with the court a petition to relinquish a child to the department or an agency. The parent’s or alleged father’s written consent to adoption shall accompany the petition. The written consent of the department or the agency to assume custody shall be filed with the petition. (2) A parent, alleged father, or prospective adoptive parent may file with the court a petition to relinquish a child to the prospective adoptive parent. The parent’s or alleged father’s written consent to adoption shall accompany the petition. The written consent of the prospective adoptive parent to assume custody shall be filed with the petition. The identity of the prospective adoptive parent need not be disclosed to the petitioner. 26.33.080 (2008 Ed.) 26.33.090 (3) A petition for relinquishment, together with the written consent to adoption, may be filed before the child’s birth. If the child is an Indian child as defined in 25 U.S.C. Sec. 1903(4), the petition and consent shall not be signed until at least ten days after the child’s birth and shall be recorded before a court of competent jurisdiction pursuant to 25 U.S.C. Sec. 1913(a). [1987 c 170 § 3; 1985 c 421 § 1; 1984 c 155 § 8.] Severability—1987 c 170: See note following RCW 13.04.030. 26.33.090 26.33.090 Petition for relinquishment—Hearing— Temporary custody order—Notice—Order of relinquishment. (1) The court shall set a time and place for a hearing on the petition for relinquishment. The hearing may not be held sooner than forty-eight hours after the child’s birth or the signing of all necessary consents to adoption, whichever is later. However, if the child is an Indian child, the hearing shall not be held sooner than ten days after the child’s birth, and no consent shall be valid unless signed at least ten days after the child’s birth and recorded before a court of competent jurisdiction pursuant to 25 U.S.C. Sec. 1913(a). Except where the child is an Indian child, the court may enter a temporary order giving custody of the child to the prospective adoptive parent, if a preplacement report has been filed, or to the department or agency to whom the child will be relinquished pending the court’s hearing on the petition. If the child is an Indian child, the court may enter a temporary custody order under this subsection only if the requirements of 25 U.S.C. Sec. 1913(a) regarding voluntary foster care placement have been satisfied. (2) Notice of the hearing shall be served on any relinquishing parent or alleged father, and the department or agency in the manner prescribed by RCW 26.33.310. If the child is an Indian child, notice of the hearing shall also be served on the child’s tribe in the manner prescribed by RCW 26.33.310. (3) The court may require the parent to appear personally and enter his or her consent to adoption on the record. However, if the child is an Indian child, the court shall require the consenting parent to appear personally before a court of competent jurisdiction to enter on the record his or her consent to the relinquishment or adoption. The court shall determine that any written consent has been validly executed, and if the child is an Indian child, such court shall further certify that the requirements of 25 U.S.C. Sec. 1913(a) have been satisfied. If the court determines it is in the best interests of the child, the court shall approve the petition for relinquishment. (4) If the court approves the petition, it shall award custody of the child to the department, agency, or prospective adoptive parent, who shall be appointed legal guardian. The legal guardian shall be financially responsible for support of the child until further order of the court. The court shall also enter an order pursuant to RCW 26.33.130 terminating the parent-child relationship of the parent and the child. (5) An order of relinquishment to an agency or the department shall include an order authorizing the agency to place the child with a prospective adoptive parent. [1987 c 170 § 4; 1985 c 421 § 2; 1984 c 155 § 9.] Severability—1987 c 170: See note following RCW 13.04.030. [Title 26 RCW—page 119] 26.33.100 Title 26 RCW: Domestic Relations 26.33.100 Petition for termination—Who may file— Contents—Time. (1) A petition for termination of the parent-child relationship of a parent or alleged father who has not executed a written consent to adoption may be filed by: (a) The department or an agency; (b) The prospective adoptive parent to whom a child has been or may be relinquished if the prospective adoptive parent has filed or consented to a petition for relinquishment; or (c) The prospective adoptive parent if he or she seeks to adopt the child of his or her spouse. (2) The petition for termination of the parent-child relationship shall contain a statement of facts identifying the petitioner, the parents, the legal guardian, a guardian ad litem for a party, any alleged father, and the child. The petition shall state the facts forming the basis for the petition and shall be signed under penalty of perjury or be verified. (3) The petition may be filed before the child’s birth. [1985 c 421 § 3; 1984 c 155 § 10.] 26.33.100 26.33.110 Petition for termination—Time and place of hearing—Notice of hearing and petition—Contents. (1) The court shall set a time and place for a hearing on the petition for termination of the parent-child relationship, which shall not be held sooner than forty-eight hours after the child’s birth. However, if the child is an Indian child, the hearing shall not be held sooner than ten days after the child’s birth and the time of the hearing shall be extended up to twenty additional days from the date of the scheduled hearing upon the motion of the parent, Indian custodian, or the child’s tribe. (2) Notice of the hearing shall be served on the petitioner, the nonconsenting parent or alleged father, the legal guardian of a party, and the guardian ad litem of a party, in the manner prescribed by RCW 26.33.310. If the child is an Indian child, notice of the hearing shall also be served on the child’s tribe in the manner prescribed by 25 U.S.C. Sec. 1912(a). (3) Except as otherwise provided in this section, the notice of the petition shall: (a) State the date and place of birth. If the petition is filed prior to birth, the notice shall state the approximate date and location of conception of the child and the expected date of birth, and shall identify the mother; (b) Inform the nonconsenting parent or alleged father that: (i) He or she has a right to be represented by counsel and that counsel will be appointed for an indigent person who requests counsel; and (ii) failure to respond to the termination action within twenty days of service if served within the state or thirty days if served outside of this state, will result in the termination of his or her parent-child relationship with respect to the child; (c) Inform an alleged father that failure to file a claim of paternity under chapter 26.26 RCW or to respond to the petition, within twenty days of the date of service of the petition is grounds to terminate his parent-child relationship with respect to the child; (d) Inform an alleged father of an Indian child that if he acknowledges paternity of the child or if his paternity of the child is established prior to the termination of the parentchild relationship, that his parental rights may not be terminated unless he: (i) Gives valid consent to termination, or (ii) 26.33.110 [Title 26 RCW—page 120] his parent-child relationship is terminated involuntarily pursuant to chapter 26.33 or 13.34 RCW. [1995 c 270 § 5; 1987 c 170 § 5; 1985 c 421 § 4; 1984 c 155 § 11.] Finding—1995 c 270: See note following RCW 74.13.118. Severability—1987 c 170: See note following RCW 13.04.030. 26.33.120 Termination—Grounds—Failure to appear. (1) Except in the case of an Indian child and his or her parent, the parent-child relationship of a parent may be terminated upon a showing by clear, cogent, and convincing evidence that it is in the best interest of the child to terminate the relationship and that the parent has failed to perform parental duties under circumstances showing a substantial lack of regard for his or her parental obligations and is withholding consent to adoption contrary to the best interest of the child. (2) Except in the case of an Indian child and his or her alleged father, the parent-child relationship of an alleged father who appears and claims paternity may be terminated upon a showing by clear, cogent, and convincing evidence that it is in the best interest of the child to terminate the relationship and that: (a) The alleged father has failed to perform parental duties under circumstances showing a substantial lack of regard for his parental obligations and is withholding consent to adoption contrary to the best interest of the child; or (b) He is not the father. (3) The parent-child relationship of a parent or an alleged father may be terminated if the parent or alleged father fails to appear after being notified of the hearing in the manner prescribed by RCW 26.33.310. (4) The parent-child relationship of an Indian child and his or her parent or alleged father where paternity has been claimed or established, may be terminated only pursuant to the standards set forth in 25 U.S.C. Sec. 1912(f). [1987 c 170 § 6; 1984 c 155 § 12.] 26.33.120 Severability—1987 c 170: See note following RCW 13.04.030. 26.33.130 Termination order—Effect. (1) If the court determines, after a hearing, that the parent-child relationship should be terminated pursuant to RCW 26.33.090 or 26.33.120, the court shall enter an appropriate order terminating the parent-child relationship. (2) An order terminating the parent-child relationship divests the parent and the child of all legal rights, powers, privileges, immunities, duties, and obligations with respect to each other except past-due child support obligations owed by the parent. (3) The parent-child relationship may be terminated with respect to one parent without affecting the parent-child relationship between the child and the other parent. (4) The parent or alleged father whose parent-child relationship with the child has been terminated is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent or alleged father any right to contest the adoption or otherwise to participate in the proceedings unless an appeal from the termination order is pending or unless otherwise ordered by the court. [1984 c 155 § 13.] 26.33.130 (2008 Ed.) Adoption 26.33.140 Who may adopt or be adopted. (1) Any person may be adopted, regardless of his or her age or residence. (2) Any person who is legally competent and who is eighteen years of age or older may be an adoptive parent. [1984 c 155 § 14.] 26.33.140 26.33.150 Petition for adoption—Filing—Contents— Preplacement report required. (1) An adoption proceeding is initiated by filing with the court a petition for adoption. The petition shall be filed by the prospective adoptive parent. (2) A petition for adoption shall contain the following information: (a) The name and address of the petitioner; (b) The name, if any, gender, and place and date of birth, if known, of the adoptee; (c) A statement that the child is or is not an Indian child covered by the Indian Child Welfare Act; and (d) The name and address of the department or any agency, legal guardian, or person having custody of the child. (3) The written consent to adoption of any person, the department, or agency which has been executed shall be filed with the petition. (4) The petition shall be signed under penalty of perjury by the petitioner. If the petitioner is married, the petitioner’s spouse shall join in the petition. (5) If a preplacement report prepared pursuant to RCW 26.33.190 has not been previously filed with the court, the preplacement report shall be filed with the petition for adoption. [1984 c 155 § 15.] 26.33.150 26.33.160 Consent to adoption—When revocable— Procedure. (1) Except as otherwise provided in RCW 26.33.170, consent to an adoption shall be required of the following if applicable: (a) The adoptee, if fourteen years of age or older; (b) The parents and any alleged father of an adoptee under eighteen years of age; (c) An agency or the department to whom the adoptee has been relinquished pursuant to RCW 26.33.080; and (d) The legal guardian of the adoptee. (2) Except as otherwise provided in subsection (4)(h) of this section, consent to adoption is revocable by the consenting party at any time before the consent is approved by the court. The revocation may be made in either of the following ways: (a) Written revocation may be delivered or mailed to the clerk of the court before approval; or (b) Written revocation may be delivered or mailed to the clerk of the court after approval, but only if it is delivered or mailed within forty-eight hours after a prior notice of revocation that was given within forty-eight hours after the birth of the child. The prior notice of revocation shall be given to the agency or person who sought the consent and may be either oral or written. (3) Except as provided in subsections (2)(b) and (4)(h) of this section and in this subsection, a consent to adoption may not be revoked after it has been approved by the court. Within one year after approval, a consent may be revoked for fraud or duress practiced by the person, department, or agency requesting the consent, or for lack of mental competency on 26.33.160 (2008 Ed.) 26.33.160 the part of the person giving the consent at the time the consent was given. A written consent to adoption may not be revoked more than one year after it is approved by the court. (4) Except as provided in (h) of this subsection, the written consent to adoption shall be signed under penalty of perjury and shall state that: (a) It is given subject to approval of the court; (b) It has no force or effect until approved by the court; (c) The birth parent is or is not of Native American or Alaska native ancestry; (d) The consent will not be presented to the court until forty-eight hours after it is signed or forty-eight hours after the birth of the child, whichever occurs later; (e) It is revocable by the consenting party at any time before its approval by the court. It may be revoked in either of the following ways: (i) Written revocation may be delivered or mailed to the clerk of the court before approval of the consent by the court; or (ii) Written revocation may be delivered or mailed to the clerk of the court after approval, but only if it is delivered or mailed within forty-eight hours after a prior notice of revocation that was given within forty-eight hours after the birth of the child. The prior notice of revocation shall be given to the agency or person who sought the consent and may be either oral or written; (f) The address of the clerk of court where the consent will be presented is included; (g) Except as provided in (h) of this subsection, after it has been approved by the court, the consent is not revocable except for fraud or duress practiced by the person, department, or agency requesting the consent or for lack of mental competency on the part of the person giving the consent at the time the consent was given. A written consent to adoption may not be revoked more than one year after it is approved by the court; (h) In the case of a consent to an adoption of an Indian child, no consent shall be valid unless the consent is executed in writing more than ten days after the birth of the child and unless the consent is recorded before a court of competent jurisdiction pursuant to 25 U.S.C. Sec. 1913(a). Consent may be withdrawn for any reason at any time prior to the entry of the final decree of adoption. Consent may be withdrawn for fraud or duress within two years of the entry of the final decree of adoption. Revocation of the consent prior to a final decree of adoption, may be delivered or mailed to the clerk of the court or made orally to the court which shall certify such revocation. Revocation of the consent is effective if received by the clerk of the court prior to the entry of the final decree of adoption or made orally to the court at any time prior to the entry of the final decree of adoption. Upon withdrawal of consent, the court shall return the child to the parent unless the child has been taken into custody pursuant to RCW 13.34.050 or 26.44.050, placed in shelter care pursuant to RCW 13.34.060, or placed in foster care pursuant to RCW 13.34.130; and (i) The following statement has been read before signing the consent: I understand that my decision to relinquish the child is an extremely important one, that the legal effect [Title 26 RCW—page 121] 26.33.170 Title 26 RCW: Domestic Relations of this relinquishment will be to take from me all legal rights and obligations with respect to the child, and that an order permanently terminating all of my parental rights to the child will be entered. I also understand that there are social services and counseling services available in the community, and that there may be financial assistance available through state and local governmental agencies. (5) A written consent to adoption which meets all the requirements of this chapter but which does not name or otherwise identify the adopting parent is valid if it contains a statement that it is voluntarily executed without disclosure of the name or other identification of the adopting parent. (6) There must be a witness to the consent of the parent or alleged father. The witness must be at least eighteen years of age and selected by the parent or alleged father. The consent document shall contain a statement identifying by name, address, and relationship the witness selected by the parent or alleged father. [1991 c 136 § 2; 1990 c 146 § 2; 1987 c 170 § 7; 1985 c 421 § 5; 1984 c 155 § 16.] Severability—1987 c 170: See note following RCW 13.04.030. 26.33.170 Consent to adoption—When not required. (1) An agency’s, the department’s, or a legal guardian’s consent to adoption may be dispensed with if the court determines by clear, cogent and convincing evidence that the proposed adoption is in the best interests of the adoptee. (2) An alleged father’s, birth parent’s, or parent’s consent to adoption may be dispensed with if the court finds that the proposed adoption is in the best interests of the adoptee and: (a) The alleged father, birth parent, or parent has been found guilty of rape under chapter 9A.44 RCW or incest under RCW 9A.64.020, where the adoptee was the victim of the rape or incest; or (b) The alleged father, birth parent, or parent has been found guilty of rape under chapter 9A.44 RCW or incest under RCW 9A.64.020, where the other parent of the adoptee was the victim of the rape or incest and the adoptee was conceived as a result of the rape or incest. (3) Nothing in this section shall be construed to eliminate the notice provisions of this chapter. [1999 c 173 § 1; 1988 c 203 § 1; 1984 c 155 § 17.] 26.33.170 Severability—1999 c 173: See note following RCW 13.34.125. 26.33.180 Preplacement report required before placement with adoptive parents—Exception. Except as provided in RCW 26.33.220, a child shall not be placed with prospective adoptive parents until a preplacement report has been filed with the court. [1984 c 155 § 18.] 26.33.180 26.33.190 Preplacement report—Requirements— Fees. (1) Any person may at any time request an agency, the department, an individual approved by the court, or a qualified salaried court employee to prepare a preplacement report. A certificate signed under penalty of perjury by the person preparing the report specifying his or her qualifications as required in this chapter shall be attached to or filed with each preplacement report and shall include a statement of training or experience that qualifies the person preparing 26.33.190 [Title 26 RCW—page 122] the report to discuss relevant adoption issues. A person may have more than one preplacement report prepared. All preplacement reports shall be filed with the court in which the petition for adoption is filed. (2) The preplacement report shall be a written document setting forth all relevant information relating to the fitness of the person requesting the report as an adoptive parent. The report shall be based on a study which shall include an investigation of the home environment, family life, health, facilities, and resources of the person requesting the report. The report shall include a list of the sources of information on which the report is based. The report shall include a recommendation as to the fitness of the person requesting the report to be an adoptive parent. The report shall also verify that the following issues were discussed with the prospective adoptive parents: (a) The concept of adoption as a lifelong developmental process and commitment; (b) The potential for the child to have feelings of identity confusion and loss regarding separation from the birth parents; (c) Disclosure of the fact of adoption to the child; (d) The child’s possible questions about birth parents and relatives; and (e) The relevance of the child’s racial, ethnic, and cultural heritage. (3) All preplacement reports shall include a background check of any conviction records, pending charges, or disciplinary board final decisions of prospective adoptive parents. The background check shall include an examination of state and national criminal identification data provided by the Washington state patrol criminal identification system including, but not limited to, a fingerprint-based background check of national crime information databases for any person being investigated. It shall also include a review of any child abuse and neglect history of any adult living in the prospective adoptive parents’ home. The background check of the child abuse and neglect history shall include a review of the child abuse and neglect registries of all states in which the prospective adoptive parents or any other adult living in the home have lived during the five years preceding the date of the preplacement report. (4) An agency, the department, or a court approved individual may charge a reasonable fee based on the time spent in conducting the study and preparing the preplacement report. The court may set a reasonable fee for conducting the study and preparing the report when a court employee has prepared the report. An agency, the department, a court approved individual, or the court may reduce or waive the fee if the financial condition of the person requesting the report so warrants. An agency’s, the department’s, or court approved individual’s, fee is subject to review by the court upon request of the person requesting the report. (5) The person requesting the report shall designate to the agency, the department, the court approved individual, or the court in writing the county in which the preplacement report is to be filed. If the person requesting the report has not filed a petition for adoption, the report shall be indexed in the name of the person requesting the report and a cause number shall be assigned. A fee shall not be charged for filing the report. The applicable filing fee may be charged at the time a (2008 Ed.) Adoption petition governed by this chapter is filed. Any subsequent preplacement reports shall be filed together with the original report. (6) A copy of the completed preplacement report shall be delivered to the person requesting the report. (7) A person may request that a report not be completed. A reasonable fee may be charged for the value of work done. [2007 c 387 § 2; 1991 c 136 § 3; 1990 c 146 § 3; 1984 c 155 § 19.] 26.33.200 Post-placement report—Requirements— Exception—Fees. (1) Except as provided in RCW 26.33.220, at the time the petition for adoption is filed, the court shall order a post-placement report made to determine the nature and adequacy of the placement and to determine if the placement is in the best interest of the child. The report shall be prepared by an agency, the department, an individual approved by the court, or a qualified salaried court employee appointed by the court. A certificate signed under penalty of perjury by the person preparing the report specifying his or her qualifications as required in this chapter shall be attached to or filed with each post-placement report. The report shall be in writing and contain all reasonably available information concerning the physical and mental condition of the child, home environment, family life, health, facilities and resources of the petitioners, and any other facts and circumstances relating to the propriety and advisability of the adoption. The report shall also include, if relevant, information on the child’s special cultural heritage, including membership in any Indian tribe or band. The report shall be filed within sixty days of the date of appointment, unless the time is extended by the court. The preplacement report shall be made available to the person appointed to make the post-placement report. (2) A fee may be charged for preparation of the postplacement report in the same manner as for a preplacement report under RCW 26.33.190. [1990 c 146 § 4; 1984 c 155 § 20.] 26.33.200 26.33.210 Preplacement or post-placement report— Department or agency may make report. The department or an agency having the custody of a child may make the preplacement or post-placement report on a petitioner for the adoption of that child. [1984 c 155 § 21.] 26.33.210 26.33.220 Preplacement and post-placement reports—When not required. Unless otherwise ordered by the court, the reports required by RCW 26.33.190 are not required if the petitioner seeks to adopt the child of the petitioner’s spouse. The reports required by RCW 26.33.190 and 26.33.200 are not required if the adoptee is eighteen years of age or older. [1984 c 155 § 22.] 26.33.250 proceeding, the time and place of the hearing, and the object of the hearing. Proof of service on the agency or court approved individual in form satisfactory to the court shall be furnished. The agency or court approved individual may appear at the hearing and give testimony concerning any matters relevant to the relinquishment or the adoption and its recommendation as to the fitness of petitioners as parents. The agency or court approved individual may in writing acknowledge notice and state to the court that the agency or court approved individual does not desire to participate in the hearing or the agency or court approved individual may in writing waive notice of any hearing. [1984 c 155 § 24.] 26.33.240 Petition for adoption—Hearing—Notice— Disposition. (1) After the reports required by RCW 26.33.190 and 26.33.200 have been filed, the court shall schedule a hearing on the petition for adoption upon request of the petitioner for adoption. Notice of the date, time, and place of hearing shall be given to the petitioner and any person or agency whose consent to adoption is required under RCW 26.33.160, unless the person or agency has waived in writing the right to receive notice of the hearing. If the child is an Indian child, notice shall also be given to the child’s tribe. Notice shall be given in the manner prescribed by RCW 26.33.310. (2) Notice of the adoption hearing shall also be given to any person who or agency which has prepared a preplacement report. The notice shall be given in the manner prescribed by RCW 26.33.230. (3) If the court determines, after review of the petition, preplacement and post-placement reports, and other evidence introduced at the hearing, that all necessary consents to adoption are valid or have been dispensed with pursuant to RCW 26.33.170 and that the adoption is in the best interest of the adoptee, and, in the case of an adoption of an Indian child, that the adoptive parents are within the placement preferences of 25 U.S.C. Sec. 1915 or good cause to the contrary has been shown on the record, the court shall enter a decree of adoption pursuant to RCW 26.33.250. (4) If the court determines the petition should not be granted because the adoption is not in the best interest of the child, the court shall make appropriate provision for the care and custody of the child. [1987 c 170 § 8; 1984 c 155 § 23.] 26.33.240 Severability—1987 c 170: See note following RCW 13.04.030. 26.33.220 26.33.230 Notice of proceedings at which preplacement reports considered—Contents—Proof of service— Appearance—Waiver. The petitioner shall give not less than three days written notice of any proceeding at which a preplacement report will be considered to all agencies, any court approved individual, or any court employee requested by the petitioner to make a preplacement report. The notice shall state the name of the petitioner, the cause number of the 26.33.230 (2008 Ed.) 26.33.250 Decree of adoption—Determination of place and date of birth. (1) A decree of adoption shall provide, as a minimum, the following information: (a) The full original name of the person to be adopted; (b) The full name of each petitioner for adoption; (c) Whether the petitioner or petitioners are husband and wife, stepparent, or a single parent; (d) The full new name of the person adopted, unless the name of the adoptee is not to be changed; (e) Information to be incorporated in any new certificate of birth to be issued by the state or territorial registrar of vital records; and (f) The adoptee’s date of birth and place of birth as determined under subsection (3) of this section. 26.33.250 [Title 26 RCW—page 123] 26.33.260 Title 26 RCW: Domestic Relations (2) Except for the names of the person adopted and the petitioner, information set forth in the decree that differs from that shown on the original birth certificate, alternative birth record, or other information used in lieu of such a record shall be included in the decree only upon a clear showing that the information in the original record is erroneous. (3) In determining the date and place of birth of a person born outside the United States, the court shall: (a) If available, enter in the decree the exact date and place of birth as stated in the birth certificate from the country of origin or in the United States department of state’s report of birth abroad or in the documents of the United States immigration and naturalization service; (b) If the exact place of birth is unknown, enter in the decree such information as may be known and designate a place of birth in the country of origin; (c) If the exact date of birth is unknown, determine a date of birth based upon medical testimony as to the probable chronological age of the adoptee and other evidence regarding the adoptee’s age that the court finds appropriate to consider; (d) In any other case where documents of the United States immigration and naturalization service are not available, the court shall determine the date and place of birth based upon such evidence as the court in its discretion determines appropriate. [1984 c 155 § 25.] 26.33.260 Decree of adoption—Effect—Accelerated appeal—Limited grounds to challenge—Intent. (1) The entry of a decree of adoption divests any parent or alleged father who is not married to the adoptive parent or who has not joined in the petition for adoption of all legal rights and obligations in respect to the adoptee, except past-due child support obligations. The adoptee shall be free from all legal obligations of obedience and maintenance in respect to the parent. The adoptee shall be, to all intents and purposes, and for all legal incidents, the child, legal heir, and lawful issue of the adoptive parent, entitled to all rights and privileges, including the right of inheritance and the right to take under testamentary disposition, and subject to all the obligations of a natural child of the adoptive parent. (2) Any appeal of an adoption decree shall be decided on an accelerated review basis. (3) Except as otherwise provided in RCW 26.33.160 (3) and (4)(h), no person may challenge an adoption decree on the grounds of: (a) A person claiming or alleging paternity subsequently appears and alleges lack of prior notice of the proceeding; or (b) The adoption proceedings were in any other manner defective. (4) It is the intent of the legislature that this section provide finality for adoptive placements and stable homes for children. [1995 c 270 § 7; 1984 c 155 § 26.] 26.33.260 Finding—1995 c 270: See note following RCW 74.13.118. Inheritance by adopted child: RCW 11.04.085. 26.33.270 Decree of adoption—Protection of certain rights and benefits. An order or decree entered under this chapter shall not disentitle a child to any benefit due the child from any third person, agency, state, or the United States. 26.33.270 [Title 26 RCW—page 124] Action under this chapter shall not affect any rights and benefits that a native American child derives from the child’s descent from a member of an Indian tribe or band. [1984 c 155 § 27.] 26.33.280 Decree of adoption—Transmittal to state registrar of vital statistics. After a decree of adoption is entered, as soon as the time for appeal has expired, or if an appeal is taken, and the adoption is affirmed on appeal, the clerk of the court shall transmit to the state registrar of vital statistics a certified copy of the decree, along with any additional information and fees required by the registrar. [1984 c 155 § 28.] 26.33.280 26.33.290 Decree of adoption—Duties of state registrar of vital statistics. Upon receipt of a decree of adoption, the state registrar of vital statistics shall: (1) Return the decree to the court clerk if all information required by RCW 26.33.250 is not included in the decree; (2) If the adoptee was born in a state other than Washington, or in a territory of the United States, forward the certificate of adoption to the appropriate health record recording agency of the state or territory of the United States in which the birth occurred; (3) If the adoptee was born outside of the United States or its territories, issue a new certificate of birth by the office of the state registrar of vital statistics which reflects the information contained in the decree. [1984 c 155 § 29.] 26.33.290 Vital statistics: Chapter 70.58 RCW. 26.33.295 Open adoption agreements—Agreed orders—Enforcement. (1) Nothing in this chapter shall be construed to prohibit the parties to a proceeding under this chapter from entering into agreements regarding communication with or contact between child adoptees, adoptive parents, and a birth parent or parents. (2) Agreements regarding communication with or contact between child adoptees, adoptive parents, and a birth parent or parents shall not be legally enforceable unless the terms of the agreement are set forth in a written court order entered in accordance with the provisions of this section. The court shall not enter a proposed order unless the terms of such order have been approved in writing by the prospective adoptive parents, any birth parent whose parental rights have not previously been terminated, and, if the child is in the custody of the department or a licensed child-placing agency, a representative of the department or child-placing agency. If the child is represented by an attorney or guardian ad litem in a proceeding under this chapter or in any other child-custody proceeding, the terms of the proposed order also must be approved in writing by the child’s representative. An agreement under this section need not disclose the identity of the parties to be legally enforceable. The court shall not enter a proposed order unless the court finds that the communication or contact between the child adoptee, the adoptive parents, and a birth parent or parents as agreed upon and as set forth in the proposed order, would be in the child adoptee’s best interests. (3) Failure to comply with the terms of an agreed order regarding communication or contact that has been entered by 26.33.295 (2008 Ed.) Adoption the court pursuant to this section shall not be grounds for setting aside an adoption decree or revocation of a written consent to an adoption after that consent has been approved by the court as provided in this chapter. (4) An agreed order entered pursuant to this section may be enforced by a civil action and the prevailing party in that action may be awarded, as part of the costs of the action, a reasonable amount to be fixed by the court as attorneys’ fees. The court shall not modify an agreed order under this section unless it finds that the modification is necessary to serve the best interests of the child adoptee, and that: (a) The modification is agreed to by the adoptive parent and the birth parent or parents; or (b) exceptional circumstances have arisen since the agreed order was entered that justify modification of the order. [1990 c 285 § 4.] Findings—Purpose—Severability—1990 c 285: See notes following RCW 74.04.005. 26.33.300 Adoption statistical data. The department of health shall be a depository for statistical data concerning adoption. It shall furnish to the clerk of each county a data card which shall be completed and filed with the clerk on behalf of each petitioner. The clerk shall forward the completed cards to the department of health which shall compile the data and publish reports summarizing the data. A birth certificate shall not be issued showing the petitioner as the parent of any child adopted in the state of Washington until a data card has been completed and filed. [1991 c 3 § 288; 1990 c 146 § 5; 1984 c 155 § 30.] 26.33.300 26.33.310 Notice—Requirements—Waiver. (1) Petitions governed by this chapter shall be served in the manner as set forth in the superior court civil rules. Subsequent notice, papers, and pleadings may be served in the manner provided in superior court civil rules. (2) If personal service on any parent or alleged father who has not consented to the termination of his or her parental rights can be given, the summons and notice of hearing on the petition to terminate parental rights shall be served at least twenty days before the hearing date if served within the state or thirty days if served outside of this state. (3) If personal service on the parent or any alleged father, either within or without this state, cannot be given, notice shall be given: (a) By first-class and registered mail, mailed at least thirty days before the hearing to the person’s last known address; and (b) by publication at least once a week for three consecutive weeks with the first publication date at least thirty days before the hearing. Publication shall be in a legal newspaper in the city or town of the last known address within the United States and its territories of the parent or alleged father, whether within or without this state, or, if no address is known to the petitioner, publication shall be in the city or town of the last known whereabouts within the United States and its territories; or if no address or whereabouts are known to the petitioner or the last known address is not within the United States and its territories, in the city or town where the proceeding has been commenced. (4) Notice and appearance may be waived by the department, an agency, a parent, or an alleged father before the court or in a writing signed under penalty of perjury. The waiver shall contain the current address of the department, 26.33.310 (2008 Ed.) 26.33.330 agency, parent, or alleged father. The face of the waiver for a hearing on termination of the parent-child relationship shall contain language explaining the meaning and consequences of the waiver and the meaning and consequences of termination of the parent-child relationship. A person or agency who has executed a waiver shall not be required to appear except in the case of an Indian child where consent to termination or adoption must be certified before a court of competent jurisdiction pursuant to 25 U.S.C. Sec. 1913(a). (5) If a person entitled to notice is known to the petitioner to be unable to read or understand English, all notices, if practicable, shall be given in that person’s native language or through an interpreter. (6) Where notice to an Indian tribe is to be provided pursuant to this chapter and the department is not a party to the proceeding, notice shall be given to the tribe at least ten business days prior to the hearing by registered mail return receipt requested. [1995 c 270 § 6; 1987 c 170 § 9; 1985 c 421 § 6; 1984 c 155 § 31.] Finding—1995 c 270: See note following RCW 74.13.118. Severability—1987 c 170: See note following RCW 13.04.030. 26.33.320 26.33.320 Adoption of hard to place children— Court’s consideration of state’s agreement with prospective adoptive parents. (1) In deciding whether to grant a petition for adoption of a hard to place child and in reviewing any request for the vacation or modification of a decree of adoption, the superior court shall consider any agreement made or proposed to be made between the department and any prospective adoptive parent for any payment or payments which have been provided or which are to be provided by the department in support of the adoption of such child. Before the date of the hearing on the petition to adopt, vacate, or modify an adoption decree, the department shall file as part of the adoption file with respect to the child a copy of any initial agreement, together with any changes made in the agreement, or in the related standards. (2) If the court, in its judgment, finds the provision made in an agreement to be inadequate, it may make any recommendation as it deems warranted with respect to the agreement to the department. The court shall not, however, solely by virtue of this section, be empowered to direct the department to make payment. This section shall not be deemed to limit any other power of the superior court with respect to the adoption and any related matter. [1984 c 155 § 32.] 26.33.330 26.33.330 Records sealed—Inspection—Fee. (1) All records of any proceeding under this chapter shall be sealed and shall not be thereafter open to inspection by any person except upon order of the court for good cause shown, or except by using the procedure described in RCW 26.33.343. In determining whether good cause exists, the court shall consider any certified statement on file with the department of health as provided in RCW 26.33.347. (2) The state registrar of vital statistics may charge a reasonable fee for the review of any of its sealed records. [1996 c 243 § 3; 1990 c 145 § 3; 1984 c 155 § 33.] Finding—1996 c 243: See note following RCW 26.33.347. [Title 26 RCW—page 125] 26.33.340 Title 26 RCW: Domestic Relations 26.33.340 Department, agency, and court files confidential—Limited disclosure of information. Department, agency, and court files regarding an adoption shall be confidential except that reasonably available nonidentifying information may be disclosed upon the written request for the information from the adoptive parent, the adoptee, or the birth parent. If the adoption facilitator refuses to disclose nonidentifying information, the individual may petition the superior court. Identifying information may also be disclosed through the procedure described in RCW 26.33.343. [1993 c 81 § 2; 1990 c 145 § 4; 1984 c 155 § 34.] 26.33.340 26.33.343 Search for birth parent or adopted child— Confidential intermediary. (1) An adopted person over the age of twenty-one years, or under twenty-one with the permission of the adoptive parent, or a birth parent or member of the birth parent’s family after the adoptee has reached the age of twenty-one may petition the court to appoint a confidential intermediary. A petition under this section shall state whether a certified statement is on file with the department of health as provided for in RCW 26.33.347 and shall also state the intent of the adoptee as set forth in any such statement. The intermediary shall search for and discreetly contact the birth parent or adopted person, or if they are not alive or cannot be located within one year, the intermediary may attempt to locate members of the birth parent or adopted person’s family. These family members shall be limited to the natural grandparents of the adult adoptee, a brother or sister of a natural parent, or the child of a natural parent. The court, for good cause shown, may allow a relative more distant in degree to petition for disclosure. (2)(a) Confidential intermediaries appointed under this section shall complete training provided by a licensed adoption service or another court-approved entity and file an oath of confidentiality and a certificate of completion of training with the superior court of every county in which they serve as intermediaries. The court may dismiss an intermediary if the intermediary engages in conduct which violates professional or ethical standards. (b) The confidential intermediary shall sign a statement of confidentiality substantially as follows: I, . . . . . ., signing under penalty of contempt of court, state: "As a condition of appointment as a confidential intermediary, I affirm that, when adoption records are opened to me: I will not disclose to the petitioner, directly or indirectly, any identifying information in the records without further order from the court. I will conduct a diligent search for the person being sought and make a discreet and confidential inquiry as to whether that person will consent to being put in contact with the petitioner, and I will report back to the court the results of my search and inquiry. If the person sought consents to be put in contact with the petitioner, I will attempt to obtain a dated, written consent from the person, and attach the original of the consent to my report to the court. If the person sought does not consent to the disclosure of his or her identity, I shall report the refusal of consent to the court. I will not make any charge or accept any compensation for my services except as approved by the court, or as reim26.33.343 [Title 26 RCW—page 126] bursement from the petitioner for actual expenses incurred in conducting the search. These expenses will be listed in my report to the court. I recognize that unauthorized release of confidential information may subject me to civil liability under state law, and subjects me to being found in contempt of court." /s/ date (c) The confidential intermediary shall be entitled to reimbursement from the petitioner for actual expenses in conducting the search. The court may authorize a reasonable fee in addition to these expenses. (3) If the confidential intermediary is unable to locate the person being sought within one year, the confidential intermediary shall make a recommendation to the court as to whether or not a further search is warranted, and the reasons for this recommendation. (4) In the case of a petition filed on behalf of a natural parent or other blood relative of the adoptee, written consent of any living adoptive parent shall be obtained prior to contact with the adoptee if the adoptee: (a) Is less than twenty-five years of age and is residing with the adoptive parent; or (b) Is less than twenty-five years of age and is a dependent of the adoptive parent. (5) If the confidential intermediary locates the person being sought, a discreet and confidential inquiry shall be made as to whether or not that person will consent to having his or her present identity disclosed to the petitioner. The identity of the petitioner shall not be disclosed to the party being sought. If the party being sought consents to the disclosure of his or her identity, the confidential intermediary shall obtain the consent in writing and shall include the original of the consent in the report filed with the court. If the party being sought refuses disclosure of his or her identity, the confidential intermediary shall report the refusal to the court and shall refrain from further and subsequent inquiry without judicial approval. (6)(a) If the confidential intermediary obtains from the person being sought written consent for disclosure of his or her identity to the petitioner, the court may then order that the name and other identifying information of that person be released to the petitioner. (b) If the person being sought is deceased, the court may order disclosure of the identity of the deceased to the petitioner. (c) If the confidential intermediary is unable to contact the person being sought within one year, the court may order that the search be continued for a specified time or be terminated. [1996 c 243 § 4; 1990 c 145 § 1.] Finding—1996 c 243: See note following RCW 26.33.347. 26.33.345 Search for birth parent or adopted child— Limited release of information—Noncertified copies of original birth certificate. (1) The department of social and health services, adoption agencies, and independent adoption facilitators shall release the name and location of the court where a relinquishment of parental rights or finalization of an adoption took place to an adult adoptee, a birth parent of an adult adoptee, an adoptive parent, a birth or adoptive grand26.33.345 (2008 Ed.) Adoption parent of an adult adoptee, or an adult sibling of an adult adoptee, or the legal guardian of any of these. (2) The department of health shall make available a noncertified copy of the original birth certificate of a child to the child’s birth parents upon request. (3) For adoptions finalized after October 1, 1993, the department of health shall make available a noncertified copy of the original birth certificate to the adoptee after the adoptee’s eighteenth birthday unless the birth parent has filed an affidavit of nondisclosure. [1993 c 81 § 3; 1990 c 145 § 2.] 26.33.347 Consent or refusal to release adoptee’s identifying information—Desire to be contacted—Certified statement. (1) An adopted person over the age of eighteen may file with the department of health a certified statement declaring any one or more of the following: (a) The adoptee refuses to consent to the release of any identifying information to a biological parent, biological sibling, or other biological relative and does not wish to be contacted by a confidential intermediary except in the case of a medical emergency as determined by a court of competent jurisdiction; (b) The adoptee consents to the release of any identifying information to a confidential intermediary appointed under RCW 26.33.343, a biological parent, biological sibling, or other biological relative; (c) The adoptee desires to be contacted by his or her biological parents, biological siblings, other biological relatives, or a confidential intermediary appointed under RCW 26.33.343; (d) The current name, address, and telephone number of the adoptee who desires to be contacted. (2) The certified statement shall be filed with the department of health and placed with the adoptee’s original birth certificate if the adoptee was born in this state, or in a separate registry file for reference purposes if the adoptee was born in another state or outside of the United States. When the statement includes a request for confidentiality or a refusal to consent to the disclosure of identifying information, a prominent notice stating substantially the following shall also be placed at the front of the file: "AT THE REQUEST OF THE ADOPTEE, ALL RECORDS AND IDENTIFYING INFORMATION RELATING TO THIS ADOPTION SHALL REMAIN CONFIDENTIAL AND SHALL NOT BE DISCLOSED OR RELEASED WITHOUT A COURT ORDER SO DIRECTING." (3) An adopted person who files a certified statement under subsection (1) of this section may subsequently file another certified statement requesting to rescind or amend the prior certified statement. [1996 c 243 § 2.] 26.33.347 Finding—1996 c 243: "The legislature finds that it is in the best interest of the people of the state of Washington to support the adoption process in a variety of ways, including protecting the privacy interests of adult adoptees when the confidential intermediary process is used." [1996 c 243 § 1.] 26.33.350 Medical reports—Requirements. (1) Every person, firm, society, association, corporation, or state agency receiving, securing a home for, or otherwise caring for a minor child shall transmit to the prospective adopting parent prior to placement and shall make available to all persons with whom a child has been placed by adoption a com26.33.350 (2008 Ed.) 26.33.370 plete medical report containing all known and available information concerning the mental, physical, and sensory handicaps of the child. (2) The report shall not reveal the identity of the birth parent of the child except as authorized under this chapter but shall include any known or available mental or physical health history of the birth parent that needs to be known by the adoptive parent to facilitate proper health care for the child or that will assist the adoptive parent in maximizing the developmental potential of the child. (3) Where known or available, the information provided shall include: (a) A review of the birth family’s and the child’s previous medical history, including the child’s x-rays, examinations, hospitalizations, and immunizations. After July 1, 1992, medical histories shall be given on a standardized reporting form developed by the department; (b) A physical exam of the child by a licensed physician with appropriate laboratory tests and x-rays; (c) A referral to a specialist if indicated; and (d) A written copy of the evaluation with recommendations to the adoptive family receiving the report. (4) Entities and persons obligated to provide information under this section shall make reasonable efforts to locate records and information concerning the child’s mental, physical, and sensory handicaps. The entities or persons providing the information have no duty, beyond providing the information, to explain or interpret the records or information regarding the child’s present or future health. [1994 c 170 § 1; 1991 c 136 § 4; 1990 c 146 § 6; 1989 c 281 § 1; 1984 c 155 § 37.] 26.33.360 Petition by natural parent to set aside adoption—Costs—Time limit. (1) If a natural parent unsuccessfully petitions to have an adoption set aside, the court shall award costs, including reasonable attorneys’ fees, to the adoptive parent. (2) If a natural parent successfully petitions to have an adoption set aside, the natural parent shall be liable to the adoptive parent for both the actual expenditures and the value of services rendered by the adoptive parents in caring for the child. (3) A natural parent who has executed a written consent to adoption shall not bring an action to set aside an adoption more than one year after the date the court approved the written consent. [1984 c 155 § 35.] 26.33.360 26.33.370 Permanent care and custody of a child— Assumption, relinquishment, or transfer except by court order or statute, when prohibited—Penalty. (1) Unless otherwise permitted by court order or statute, it is unlawful for any person, partnership, society, association, or corporation, except the parents, to assume the permanent care and custody of a child. Unless otherwise permitted by court order or statute, it is unlawful for any parent to relinquish or transfer to another person, partnership, society, association, or corporation the permanent care and custody of any child for adoption or any other purpose. (2) Any relinquishment or transfer in violation of this section shall be void. 26.33.370 [Title 26 RCW—page 127] 26.33.380 Title 26 RCW: Domestic Relations (3) Violation of this section is a gross misdemeanor. [1984 c 155 § 36.] 26.33.380 26 . 33 . 3 80 F am ily a nd so c ial hist o r y r e p ort required—Identity of birth parents confidential. (1) Every person, firm, society, association, corporation, or state agency receiving, securing a home for, or otherwise caring for a minor child shall transmit to the prospective adopting parent prior to placement and shall make available to all persons with whom a child has been placed by adoption, a family background and child and family social history report, which includes a chronological history of the circumstances surrounding the adoptive placement and any available psychiatric reports, psychological reports, court reports pertaining to dependency or custody, or school reports. Such reports or information shall not reveal the identity of the birth parents of the child but shall contain reasonably available nonidentifying information. (2) Entities and persons obligated to provide information under this section shall make reasonable efforts to locate records and information concerning the child’s family background and social history. The entities or persons providing the information have no duty, beyond providing the information, to explain or interpret the records or information regarding the child’s mental or physical health. [1994 c 170 § 2; 1993 c 81 § 4; 1989 c 281 § 2.] 26.33.385 Standards for locating records and information—Rules. The department shall adopt rules, in consultation with affected parties, establishing minimum standards for making reasonable efforts to locate records and information relating to adoptions as required under RCW 26.33.350 and 26.33.380. [1994 c 170 § 3.] 26.33.385 26.33.390 26.33.390 Information on adoption-related services. (1) All persons adopting a child through the department shall receive written information on the department’s adoptionrelated services including, but not limited to, adoption support, family reconciliation services, archived records, mental health, and developmental disabilities. (2) Any person adopting a child shall receive from the adoption facilitator written information on adoption-related services. This information may be that published by the department or any other social service provider and shall include information about how to find and evaluate appropriate adoption therapists, and may include other resources for adoption-related issues. (3) Any person involved in providing adoption-related services shall respond to requests for written information by providing materials explaining adoption procedures, practices, policies, fees, and services. [1991 c 136 § 5; 1990 c 146 § 7; 1989 c 281 § 3.] 26.33.400 Advertisements—Prohibitions—Exceptions—Application of consumer protection act. (1) Unless the context clearly requires otherwise, "advertisement" means communication by newspaper, radio, television, handbills, placards or other print, broadcast, or the electronic medium. This definition applies throughout this section. 26.33.400 [Title 26 RCW—page 128] (2) No person or entity shall cause to be published for circulation, or broadcast on a radio or television station, within the geographic borders of this state, an advertisement of a child or children offered or wanted for adoption, or shall hold himself or herself out through such advertisement as having the ability to place, locate, dispose, or receive a child or children for adoption unless such person or entity is: (a) A duly authorized agent, contractee, or employee of the department or a children’s agency or institution licensed by the department to care for and place children; (b) A person who has a completed preplacement report as set forth in RCW 26.33.190 (1) and (2) or chapter 26.34 RCW with a favorable recommendation as to the fitness of the person to be an adoptive parent, or such person’s duly authorized uncompensated agent, or such person’s attorney who is licensed to practice in the state. Verification of compliance with the requirements of this section shall consist of a written declaration by the person or entity who prepared the preplacement report. Nothing in this section prohibits an attorney licensed to practice in Washington state from advertising his or her availability to practice or provide services related to the adoption of children. (3)(a) A violation of subsection (2) of this section is a matter affecting the public interest and constitutes an unfair or deceptive act or practice in trade or commerce for the purpose of applying chapter 19.86 RCW. (b) The attorney general may bring an action in the name of the state against any person violating the provisions of this section in accordance with the provisions of RCW 19.86.080. (c) Nothing in this section applies to any radio or television station or any publisher, printer, or distributor of any newspaper, magazine, billboard, or other advertising medium which accepts advertising in good faith without knowledge of its violation of any provision of this section after an attempt to verify the advertising is in compliance with this section. [2006 c 248 § 4; 1991 c 136 § 6; 1989 c 255 § 1.] 26.33.900 Effective date—Application—1984 c 155. This act shall take effect January 1, 1985. Any proceeding initiated before January 1, 1985, shall be governed by the law in effect on the date the proceeding was initiated. [1984 c 155 § 41.] 26.33.900 26.33.901 Severability—1984 c 155. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1984 c 155 § 42.] 26.33.901 Chapter 26.34 Chapter 26.34 RCW INTERSTATE COMPACT ON PLACEMENT OF CHILDREN Sections 26.34.010 26.34.020 26.34.030 26.34.040 26.34.050 26.34.060 Compact enacted—Provisions. Financial responsibility. "Appropriate public authorities" defined. "Appropriate authority of the receiving state" defined. Authority of state officers and agencies to enter into agreements—Approval. Jurisdiction of courts. (2008 Ed.) Interstate Compact on Placement of Children 26.34.070 26.34.080 "Executive head" defined—Compact administrator. Violations—Penalty. 26.34.010 Compact enacted—Provisions. The interstate compact on the placement of children is hereby enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as follows: 26.34.010 ARTICLE I. Purpose and Policy It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that: (a) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care. (b) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child. (c) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made. (d) Appropriate jurisdictional arrangements for the care of children will be promoted. ARTICLE II. Definitions As used in this compact: (a) "Child" means a person who, by reason of minority, is legally subject to parental, guardianship or similar control. (b) "Sending agency" means a party state, officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency or other entity which sends, brings, or causes to be sent or brought any child to another party state. (c) "Receiving state" means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons. (d) "Placement" means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective or epileptic or any institution primarily educational in character, and any hospital or other medical facility. ARTICLE III. Conditions for Placement (a) No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein. (b) Prior to sending, bringing or causing any child to be sent or brought into a receiving state for placement in foster (2008 Ed.) 26.34.010 care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain: (1) The name, date and place of birth of the child. (2) The identity and address or addresses of the parents or legal guardian. (3) The name and address of the person, agency or institution to or with which the sending agency proposes to send, bring, or place the child. (4) A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made. (c) Any public officer or agency in a receiving state which is in receipt of a notice pursuant to paragraph (b) of this article may request of the sending agency, or any other appropriate officer or agency of or in the sending agency’s state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact. (d) The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child. ARTICLE IV. Penalty for Illegal Placement The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, any such violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency which empowers or allows it to place, or care for children. ARTICLE V. Retention of Jurisdiction (a) The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment and disposition of the child which it would have had if the child had remained in the sending agency’s state, until the child is adopted, reaches majority, becomes self-supporting or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein. [Title 26 RCW—page 129] 26.34.020 Title 26 RCW: Domestic Relations (b) When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of such case by the latter as agent for the sending agency. (c) Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state; nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in paragraph (a) hereof. ARTICLE VI. Institutional Care of Delinquent Children A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to his being sent to such other party jurisdiction for institutional care and the court finds that: (1) Equivalent facilities for the child are not available in the sending agency’s jurisdiction; and (2) Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship. ARTICLE VII. Compact Administrator The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in his jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact. ARTICLE VIII. Limitations This compact shall not apply to: (a) The sending or bringing of a child into a receiving state by his parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or his guardian and leaving the child with any such relative or nonagency guardian in the receiving state. (b) Any placement, sending or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between said states which has the force of law. ARTICLE IX. Enactment and Withdrawal This compact shall be open to joinder by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of Congress, the Government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two years after the effective date of such statute and until [Title 26 RCW—page 130] written notice of the withdrawal has been given by the withdrawing state to the governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal. ARTICLE X. Construction and Severability The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. [1971 ex.s. c 168 § 1.] 26.34.020 Financial responsibility. Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Children shall be determined in accordance with the provisions of Article V thereof in the first instance. However, in the event of partial or complete default of performance thereunder, the provisions of RCW 26.16.205 and 26.20.030 shall apply. [1971 ex.s. c 168 § 2.] 26.34.020 26.34.030 "Appropriate public authorities" defined. The "appropriate public authorities" as used in Article III of the Interstate Compact on the Placement of Children shall, with reference to this state, mean the department of social and health services, and said agency shall receive and act with reference to notices required by said Article III. [1971 ex.s. c 168 § 3.] 26.34.030 26.34.040 "Appropriate authority of the receiving state" defined. As used in paragraph (a) of Article V of the Interstate Compact on the Placement of Children, the phrase "appropriate authority in the receiving state" with reference to this state shall mean the department of social and health services. [1971 ex.s. c 168 § 4.] 26.34.040 26.34.050 Authority of state officers and agencies to enter into agreements—Approval. The officers and agencies of this state and its subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to paragraph (b) of Article V of the Interstate Compact on the Placement of Children. Any such agreement which contains a financial commitment or imposes a financial obligation on this state or subdivision or agency thereof shall not be binding unless it has the approval in writing of the director of financial management in the case of the state and of the treasurer in the case of a subdivision of the state. [1979 c 151 § 10; 1971 ex.s. c 168 § 5.] 26.34.050 (2008 Ed.) Handicapped Children 26.34.060 Jurisdiction of courts. Any court having jurisdiction to place delinquent children may place such a child in an institution of or in another state pursuant to Article VI of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in Article V thereof. [1971 ex.s. c 168 § 6.] 26.34.060 26.34.070 "Executive head" defined—Compact administrator. As used in Article VII of the Interstate Compact on the Placement of Children, the term "executive head" means the governor. The governor is hereby authorized to appoint a compact administrator in accordance with the terms of said Article VII. [1971 ex.s. c 168 § 7.] 26.34.070 26.34.080 Violations—Penalty. Any person, firm, corporation, association or agency which places a child in the state of Washington without meeting the requirements set forth herein, or any person, firm, corporation, association or agency which receives a child in the state of Washington, where there has been no compliance with the requirements set forth herein, shall be guilty of a misdemeanor. Each day of violation shall constitute a separate offense. [1971 ex.s. c 168 § 8.] 26.34.080 Chapter 26.40 Chapter 26.40 RCW HANDICAPPED CHILDREN Sections 26.40.010 26.40.020 26.40.030 26.40.040 26.40.050 26.40.060 26.40.070 26.40.080 26.40.090 26.40.100 26.40.110 Declaration of purpose. Removal, denial of parental responsibility—Commitment not an admission requirement to any school. Petition by parent for order of commitment—Grounds. Petition by parent for order of commitment—Contents—Who may be co-custodians—Effective date. Petition by parent for order of commitment—Hearing—Written consent of co-custodians required. Notice, copies, filing of order of commitment. Petition by parent for rescission, change in co-custodians, determination of parental responsibility. Health and welfare of committed child—State and co-custodian responsibilities. Petition by co-custodians for rescission of commitment— Hearing. Chapter does not affect commitments under other laws. Lease of buses to transport children with disabilities. Child welfare agencies: Chapter 74.15 RCW. Council for children and families: Chapter 43.121 RCW. Juvenile courts and offenders: Title 13 RCW. Mental illness: Chapter 71.05 RCW. Special education: Chapter 28A.155 RCW. State institutions: Title 72 RCW. Temporary assistance for needy families—Child welfare services—Services to children with disabilities: Chapter 74.12 RCW. 26.40.060 26.40.020 Removal, denial of parental responsibility—Commitment not an admission requirement to any school. So long as the parents of a handicapped child are able to assume parental responsibility for such child, their parental responsibility may not be removed or denied, and commitment by the state or any officer or official thereof shall never be a requirement for the admission of such child to any state school, or institution, or to the common schools. [1955 c 272 § 2.] 26.40.020 26.40.030 Petition by parent for order of commitment—Grounds. The parents or parent of any child who is temporarily or permanently delayed in normal educational processes and/or normal social adjustment by reason of physical, sensory or mental handicap, or by reason of social or emotional maladjustment, or by reason of other handicap, may petition the superior court for the county in which such child resides for an order for the commitment of such child to custody as provided in RCW 26.40.040, as now or hereafter amended. [1977 ex.s. c 80 § 23; 1955 c 272 § 3.] 26.40.030 Purpose—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190. 26.40.040 Petition by parent for order of commitment—Contents—Who may be co-custodians—Effective date. The petition for an order for the commitment of a child to custody shall request the court to issue an order for the commitment of such child to the co-custody of the state and a relative or relatives, a friend or friends, an attorney or attorneys, a church through its chief officers, a fraternal organization through its chief officers, or a service organization through its chief officers, who shall be named in the petition. The petition shall also request the court to issue such order making the commitment of such child to custody effective as of the date that both parents of such child are deceased or are determined by the court to be unable to continue parental responsibilities for such child as provided in RCW 26.40.070. [1955 c 272 § 4.] 26.40.040 26.40.050 Petition by parent for order of commitment—Hearing—Written consent of co-custodians required. Upon the filing of a petition for an order for the commitment of a child to custody, a hearing upon such petition shall be held in open court, and, if the court finds that the petition should be granted, the court shall issue an order for the commitment of the child to custody as petitioned and not otherwise. Written consent of the co-custodians other than the state must be filed with the court before such order for commitment may be issued. [1955 c 272 § 5.] 26.40.050 26.40.060 Notice, copies, filing of order of commitment. Upon the issuance of an order for the commitment of a child to custody, the court shall transmit copies thereof to the co-custodians named therein. For the state as co-custodian the copy of such order shall be filed with the department of social and health services whose duty it shall be to notify the state superintendent of public instruction, the state department of social and health services, and such other state departments or agencies as may have services for the child, of the filing of such order, which notice shall be given by the department of social and health services at the time commit26.40.060 26.40.010 Declaration of purpose. The purpose of this chapter is to assure the right of every physically, mentally or sensory handicapped child to parental love and care as long as possible, to provide for adequate custody of a handicapped child who has lost parental care, and to make available to the handicapped child the services of the state through its various departments and agencies. [1977 ex.s. c 80 § 22; 1955 c 272 § 1.] 26.40.010 Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190. (2008 Ed.) [Title 26 RCW—page 131] 26.40.070 Title 26 RCW: Domestic Relations ment to custody becomes effective under the order. [1982 c 35 § 195; 1979 c 141 § 35; 1955 c 272 § 6.] Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160. 26.40.070 Petition by parent for rescission, change in co-custodians, determination of parental responsibility. The parents or parent upon whose petition an order for the commitment of a child to custody has been issued may, before such commitment becomes effective, petition the court for a rescission of the order or for a change in the cocustodians other than the state, or to determine that they are unable to continue parental responsibilities for the child, and the court shall proceed on such petition as on the original petition. [1955 c 272 § 7.] 26.40.070 Chapter 26.44 (Formerly: Abuse of children and adult dependent persons) Sections 26.44.010 26.44.015 26.44.020 26.44.030 26.44.031 26.44.032 26.44.035 26.44.040 26.44.050 26.40.080 Health and welfare of committed child— State and co-custodian responsibilities. It shall be the responsibility of the state and the appropriate departments and agencies thereof to discover methods and procedures by which the mental and/or physical health of the child in custody may be improved and, with the consent of the co-custodians, to apply those methods and procedures. The co-custodians other than the state shall have no financial responsibility for the child committed to their co-custody except as they may in written agreement with the state accept such responsibility. At any time after the commitment of such child they may inquire into his well-being, and the state and any of its agencies may do nothing with respect to the child that would in any way affect his mental or physical health without the consent of the co-custodians. The legal status of the child may not be changed without the consent of the co-custodians. If it appears to the state as co-custodian of a child that the health and/or welfare of such child is impaired or jeopardized by the failure of the co-custodians other than the state to consent to the application of certain methods and procedures with respect to such child, the state through its proper department or agency may petition the court for an order to proceed with such methods and procedures. Upon the filing of such petition a hearing shall be held in open court, and if the court finds that such petition should be granted it shall issue the order. [1955 c 272 § 8.] 26.44.053 26.40.090 Petition by co-custodians for rescission of commitment—Hearing. When the co-custodians of any child committed to custody under provisions of this chapter agree that such child is no longer in need of custody they may petition the court for a rescission of the commitment to custody. Upon the filing of such petition a hearing shall be held in open court and if the court finds that such petition should be granted it shall rescind the order of commitment to custody. [1955 c 272 § 9.] 26.44.180 26.40.080 26.40.090 26.40.100 Chapter does not affect commitments under other laws. Nothing in this chapter shall be construed as affecting the authority of the courts to make commitments as otherwise provided by law. [1955 c 272 § 10.] 26.40.100 26.40.110 Lease of buses to transport children with disabilities. See RCW 28A.160.040 through 28A.160.060. 26.40.110 [Title 26 RCW—page 132] Chapter 26.44 RCW ABUSE OF CHILDREN 26.44.056 26.44.060 26.44.061 26.44.063 26.44.067 26.44.075 26.44.080 26.44.100 26.44.105 26.44.110 26.44.115 26.44.120 26.44.125 26.44.130 26.44.140 26.44.150 26.44.160 26.44.170 26.44.185 26.44.190 26.44.195 26.44.200 26.44.210 26.44.220 26.44.230 26.44.240 26.44.900 Declaration of purpose. Limitations of chapter. Definitions. Reports—Duty and authority to make—Duty of receiving agency—Duty to notify—Case planning and consultation— Penalty for unauthorized exchange of information—Filing dependency petitions—Interviews of children—Records— Risk assessment process. Unfounded referrals—Report retention. Legal defense of public employee. Response to complaint by more than one agency—Procedure—Written records. Reports—Oral, written—Contents. Abuse or neglect of child—Duty of law enforcement agency or department of social and health services—Taking child into custody without court order, when. Guardian ad litem, appointment—Examination of person having legal custody—Hearing—Procedure. Protective detention or custody of abused child—Reasonable cause—Notice—Time limits—Monitoring plan—Liability. Immunity from civil or criminal liability—Confidential communications not violated—Actions against state not affected—False report, penalty. False reporting—Statement warning against—Determination letter and referral. Temporary restraining order or preliminary injunction— Enforcement—Notice of modification or termination of restraining order. Temporary restraining order or preliminary injunction—Contents—Notice—Noncompliance—Defense—Penalty. Inclusion of number of child abuse reports and cases in prosecuting attorney’s annual report. Violation—Penalty. Information about rights—Legislative purpose—Notification of investigation, report, and findings. Information about rights—Oral and written information— Copies of dependency petition and any court order. Information about rights—Custody without court order— Written statement required—Contents. Child taken into custody under court order—Information to parents. Information about rights—Notice to noncustodial parent. Alleged perpetrators—Right to review and amendment of finding—Hearing. Arrest without warrant. Treatment for abusive person removed from home. Temporary restraining order restricting visitation for persons accused of sexually or physically abusing a child—Penalty for violating court order. Allegations that child under twelve committed sex offense— Investigation—Referral to prosecuting attorney—Referral to department—Referral for treatment. Alleged child abuse or neglect—Use of alcohol or controlled substances as contributing factor—Evaluation. Investigation of child sexual abuse—Protocols—Documentation of agencies’ roles. Investigation of child sexual abuse—Revision and expansion of protocols—Child fatality, child physical abuse, and criminal child neglect cases. Investigation of child abuse or neglect—Participation by law enforcement officer. Negligent treatment or maltreatment—Offer of services—Evidence of substance abuse—In-home services—Initiation of dependency proceedings. Methamphetamine manufacture—Presence of child. Alleged child abuse or neglect at state school for the deaf— Investigation by department—Investigation report. Abuse of adolescents—Staff training curriculum. Abuse of adolescents—Reviews and reports. Out-of-home care—Emergency placement—Criminal history record check. Severability—1975 1st ex.s. c 217. Child abuse, investigation: RCW 74.13.031. Child abuse and neglect training for participants in early childhood education programs: RCW 43.63A.066. Council for children and families: Chapter 43.121 RCW. (2008 Ed.) Abuse of Children Day care—Information to parents and providers: RCW 74.15.200. Domestic violence prevention: Chapter 26.50 RCW. Missing children clearinghouse and hot line: Chapter 13.60 RCW. Persons over sixty, abuse: Chapter 74.34 RCW. Primary prevention program for child abuse and neglect: RCW 28A.300.160. Record checks: RCW 43.43.830 through 43.43.840 and 43.20A.710. School districts to develop policies and participate in programs: RCW 28A.230.080. Shaken baby syndrome: RCW 43.121.140. Witness of offense against child, duty: RCW 9.69.100. 26.44.010 Declaration of purpose. The Washington state legislature finds and declares: The bond between a child and his or her parent, custodian, or guardian is of paramount importance, and any intervention into the life of a child is also an intervention into the life of the parent, custodian, or guardian; however, instances of nonaccidental injury, neglect, death, sexual abuse and cruelty to children by their parents, custodians or guardians have occurred, and in the instance where a child is deprived of his or her right to conditions of minimal nurture, health, and safety, the state is justified in emergency intervention based upon verified information; and therefore the Washington state legislature hereby provides for the reporting of such cases to the appropriate public authorities. It is the intent of the legislature that, as a result of such reports, protective services shall be made available in an effort to prevent further abuses, and to safeguard the general welfare of such children: PROVIDED, That such reports shall be maintained and disseminated with strictest regard for the privacy of the subjects of such reports and so as to safeguard against arbitrary, malicious or erroneous information or actions: PROVIDED FURTHER, That this chapter shall not be construed to authorize interference with child-raising practices, including reasonable parental discipline, which are not proved to be injurious to the child’s health, welfare and safety. [1999 c 176 § 27; 1987 c 206 § 1; 1984 c 97 § 1; 1977 ex.s. c 80 § 24; 1975 1st ex.s. c 217 § 1; 1969 ex.s. c 35 § 1; 1965 c 13 § 1.] 26.44.010 Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005. Severability—1984 c 97: See RCW 74.34.900. Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190. 26.44.015 Limitations of chapter. (1) This chapter shall not be construed to authorize interference with childraising practices, including reasonable parental discipline, which are not injurious to the child’s health, welfare, or safety. (2) Nothing in this chapter may be used to prohibit the reasonable use of corporal punishment as a means of discipline. (3) No parent or guardian may be deemed abusive or neglectful solely by reason of the parent’s or child’s blindness, deafness, developmental disability, or other handicap. [2005 c 512 § 4; 1999 c 176 § 28; 1997 c 386 § 23; 1993 c 412 § 11.] 26.44.015 Finding—Intent—Effective date—Short title—2005 c 512: See notes following RCW 26.44.100. (2008 Ed.) 26.44.020 Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005. Application—Effective date—1997 c 386: See notes following RCW 13.50.010. 26.44.020 Definitions. (Effective until October 1, 2008.) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Court" means the superior court of the state of Washington, juvenile department. (2) "Law enforcement agency" means the police department, the prosecuting attorney, the state patrol, the director of public safety, or the office of the sheriff. (3) "Practitioner of the healing arts" or "practitioner" means a person licensed by this state to practice podiatric medicine and surgery, optometry, chiropractic, nursing, dentistry, osteopathic medicine and surgery, or medicine and surgery or to provide other health services. The term "practitioner" includes a duly accredited Christian Science practitioner: PROVIDED, HOWEVER, That a person who is being furnished Christian Science treatment by a duly accredited Christian Science practitioner will not be considered, for that reason alone, a neglected person for the purposes of this chapter. (4) "Institution" means a private or public hospital or any other facility providing medical diagnosis, treatment or care. (5) "Department" means the state department of social and health services. (6) "Child" or "children" means any person under the age of eighteen years of age. (7) "Professional school personnel" include, but are not limited to, teachers, counselors, administrators, child care facility personnel, and school nurses. (8) "Social service counselor" means anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support or education of children, or providing social services to adults or families, including mental health, drug and alcohol treatment, and domestic violence programs, whether in an individual capacity, or as an employee or agent of any public or private organization or institution. (9) "Psychologist" means any person licensed to practice psychology under chapter 18.83 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution. (10) "Pharmacist" means any registered pharmacist under chapter 18.64 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution. (11) "Clergy" means any regularly licensed or ordained minister, priest, or rabbi of any church or religious denomination, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution. (12) "Abuse or neglect" means sexual abuse, sexual exploitation, or injury of a child by any person under circumstances which cause harm to the child’s health, welfare, or safety, excluding conduct permitted under RCW 9A.16.100; or the negligent treatment or maltreatment of a child by a person responsible for or providing care to the child. An abused 26.44.020 [Title 26 RCW—page 133] 26.44.020 Title 26 RCW: Domestic Relations child is a child who has been subjected to child abuse or neglect as defined in this section. (13) "Child protective services section" means the child protective services section of the department. (14) "Sexual exploitation" includes: (a) Allowing, permitting, or encouraging a child to engage in prostitution by any person; or (b) allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child by any person. (15) "Negligent treatment or maltreatment" means an act or a failure to act, or the cumulative effects of a pattern of conduct, behavior, or inaction, that evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to a child’s health, welfare, or safety, including but not limited to conduct prohibited under RCW 9A.42.100. When considering whether a clear and present danger exists, evidence of a parent’s substance abuse as a contributing factor to negligent treatment or maltreatment shall be given great weight. The fact that siblings share a bedroom is not, in and of itself, negligent treatment or maltreatment. Poverty, homelessness, or exposure to domestic violence as defined in RCW 26.50.010 that is perpetrated against someone other than the child does not constitute negligent treatment or maltreatment in and of itself. (16) "Child protective services" means those services provided by the department designed to protect children from child abuse and neglect and safeguard such children from future abuse and neglect, and conduct investigations of child abuse and neglect reports. Investigations may be conducted regardless of the location of the alleged abuse or neglect. Child protective services includes referral to services to ameliorate conditions that endanger the welfare of children, the coordination of necessary programs and services relevant to the prevention, intervention, and treatment of child abuse and neglect, and services to children to ensure that each child has a permanent home. In determining whether protective services should be provided, the department shall not decline to provide such services solely because of the child’s unwillingness or developmental inability to describe the nature and severity of the abuse or neglect. (17) "Malice" or "maliciously" means an evil intent, wish, or design to vex, annoy, or injure another person. Such malice may be inferred from an act done in willful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a willful disregard of social duty. (18) "Sexually aggressive youth" means a child who is defined in RCW 74.13.075(1)(b) as being a sexually aggressive youth. (19) "Unfounded" means available information indicates that, more likely than not, child abuse or neglect did not occur. No unfounded allegation of child abuse or neglect may be disclosed to a child-placing agency, private adoption agency, or any other provider licensed under chapter 74.15 RCW. [2006 c 339 § 108; 2005 c 512 § 5; 2000 c 162 § 19; 1999 c 176 § 29; 1998 c 314 § 7. Prior: 1997 c 386 § 45; 1997 c 386 § 24; 1997 c 282 § 4; 1997 c 132 § 2; 1996 c 178 § 10; prior: 1993 c 412 § 12; 1993 c 402 § 1; 1988 c 142 § 1; prior: 1987 c 524 § 9; 1987 c 206 § 2; 1984 c 97 § 2; 1982 c 129 § 6; 1981 c 164 § 1; 1977 ex.s. c 80 § 25; 1975 1st ex.s. c 217 § 2; 1969 ex.s. c 35 § 2; 1965 c 13 § 2.] [Title 26 RCW—page 134] Effective date—2006 c 339 § 108: "Section 108 of this act takes effect January 1, 2007." [2006 c 339 § 404.] Intent—Part headings not law—2006 c 339: See notes following RCW 70.96A.325. Finding—Intent—Effective date—Short title—2005 c 512: See notes following RCW 26.44.100. Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005. Application—Effective date—1997 c 386: See notes following RCW 13.50.010. Findings—1997 c 132: "The legislature finds that housing is frequently influenced by the economic situation faced by the family. This may include siblings sharing a bedroom. The legislature also finds that the family living situation due to economic circumstances in and of itself is not sufficient to justify a finding of child abuse, negligent treatment, or maltreatment." [1997 c 132 § 1.] Effective date—1996 c 178: See note following RCW 18.35.110. Severability—1984 c 97: See RCW 74.34.900. Severability—1982 c 129: See note following RCW 9A.04.080. Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190. 26.44.020 Definitions. (Effective October 1, 2008.) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Abuse or neglect" means sexual abuse, sexual exploitation, or injury of a child by any person under circumstances which cause harm to the child’s health, welfare, or safety, excluding conduct permitted under RCW 9A.16.100; or the negligent treatment or maltreatment of a child by a person responsible for or providing care to the child. An abused child is a child who has been subjected to child abuse or neglect as defined in this section. (2) "Child" or "children" means any person under the age of eighteen years of age. (3) "Child protective services" means those services provided by the department designed to protect children from child abuse and neglect and safeguard such children from future abuse and neglect, and conduct investigations of child abuse and neglect reports. Investigations may be conducted regardless of the location of the alleged abuse or neglect. Child protective services includes referral to services to ameliorate conditions that endanger the welfare of children, the coordination of necessary programs and services relevant to the prevention, intervention, and treatment of child abuse and neglect, and services to children to ensure that each child has a permanent home. In determining whether protective services should be provided, the department shall not decline to provide such services solely because of the child’s unwillingness or developmental inability to describe the nature and severity of the abuse or neglect. (4) "Child protective services section" means the child protective services section of the department. (5) "Clergy" means any regularly licensed or ordained minister, priest, or rabbi of any church or religious denomination, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution. (6) "Court" means the superior court of the state of Washington, juvenile department. (7) "Department" means the state department of social and health services. 26.44.020 (2008 Ed.) Abuse of Children (8) "Founded" means the determination following an investigation by the department that, based on available information, it is more likely than not that child abuse or neglect did occur. (9) "Inconclusive" means the determination following an investigation by the department, prior to October 1, 2008, that based on available information a decision cannot be made that more likely than not, child abuse or neglect did or did not occur. (10) "Institution" means a private or public hospital or any other facility providing medical diagnosis, treatment, or care. (11) "Law enforcement agency" means the police department, the prosecuting attorney, the state patrol, the director of public safety, or the office of the sheriff. (12) "Malice" or "maliciously" means an intent, wish, or design to intimidate, annoy, or injure another person. Such malice may be inferred from an act done in willful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a willful disregard of social duty. (13) "Negligent treatment or maltreatment" means an act or a failure to act, or the cumulative effects of a pattern of conduct, behavior, or inaction, that evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to a child’s health, welfare, or safety, including but not limited to conduct prohibited under RCW 9A.42.100. When considering whether a clear and present danger exists, evidence of a parent’s substance abuse as a contributing factor to negligent treatment or maltreatment shall be given great weight. The fact that siblings share a bedroom is not, in and of itself, negligent treatment or maltreatment. Poverty, homelessness, or exposure to domestic violence as defined in RCW 26.50.010 that is perpetrated against someone other than the child does not constitute negligent treatment or maltreatment in and of itself. (14) "Pharmacist" means any registered pharmacist under chapter 18.64 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution. (15) "Practitioner of the healing arts" or "practitioner" means a person licensed by this state to practice podiatric medicine and surgery, optometry, chiropractic, nursing, dentistry, osteopathic medicine and surgery, or medicine and surgery or to provide other health services. The term "practitioner" includes a duly accredited Christian Science practitioner: PROVIDED, HOWEVER, That a person who is being furnished Christian Science treatment by a duly accredited Christian Science practitioner will not be considered, for that reason alone, a neglected person for the purposes of this chapter. (16) "Professional school personnel" include, but are not limited to, teachers, counselors, administrators, child care facility personnel, and school nurses. (17) "Psychologist" means any person licensed to practice psychology under chapter 18.83 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution. (18) "Screened-out report" means a report of alleged child abuse or neglect that the department has determined (2008 Ed.) 26.44.030 does not rise to the level of a credible report of abuse or neglect and is not referred for investigation. (19) "Sexual exploitation" includes: (a) Allowing, permitting, or encouraging a child to engage in prostitution by any person; or (b) allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child by any person. (20) "Sexually aggressive youth" means a child who is defined in RCW 74.13.075(1)(b) as being a sexually aggressive youth. (21) "Social service counselor" means anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support or education of children, or providing social services to adults or families, including mental health, drug and alcohol treatment, and domestic violence programs, whether in an individual capacity, or as an employee or agent of any public or private organization or institution. (22) "Unfounded" means the determination following an investigation by the department that available information indicates that, more likely than not, child abuse or neglect did not occur, or that there is insufficient evidence for the department to determine whether the alleged child abuse did or did not occur. [2007 c 220 § 1; 2006 c 339 § 108; (2006 c 339 § 107 expired January 1, 2007); 2005 c 512 § 5; 2000 c 162 § 19; 1999 c 176 § 29; 1998 c 314 § 7. Prior: 1997 c 386 § 45; 1997 c 386 § 24; 1997 c 282 § 4; 1997 c 132 § 2; 1996 c 178 § 10; prior: 1993 c 412 § 12; 1993 c 402 § 1; 1988 c 142 § 1; prior: 1987 c 524 § 9; 1987 c 206 § 2; 1984 c 97 § 2; 1982 c 129 § 6; 1981 c 164 § 1; 1977 ex.s. c 80 § 25; 1975 1st ex.s. c 217 § 2; 1969 ex.s. c 35 § 2; 1965 c 13 § 2.] Effective date—2007 c 220 §§ 1-3: "Sections 1 through 3 of this act take effect October 1, 2008." [2007 c 220 § 10.] Implementation—2007 c 220 §§ 1-3: "The secretary of the department of social and health services may take the necessary steps to ensure that sections 1 through 3 of this act are implemented on their effective date." [2007 c 220 § 11.] Effective date—2006 c 339 § 108: "Section 108 of this act takes effect January 1, 2007." [2006 c 339 § 404.] Expiration date—2006 c 339 § 107: "Section 107 of this act expires January 1, 2007." [2006 c 339 § 403.] Intent—Part headings not law—2006 c 339: See notes following RCW 70.96A.325. Finding—Intent—Effective date—Short title—2005 c 512: See notes following RCW 26.44.100. Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005. Application—Effective date—1997 c 386: See notes following RCW 13.50.010. Findings—1997 c 132: "The legislature finds that housing is frequently influenced by the economic situation faced by the family. This may include siblings sharing a bedroom. The legislature also finds that the family living situation due to economic circumstances in and of itself is not sufficient to justify a finding of child abuse, negligent treatment, or maltreatment." [1997 c 132 § 1.] Effective date—1996 c 178: See note following RCW 18.35.110. Severability—1984 c 97: See RCW 74.34.900. Severability—1982 c 129: See note following RCW 9A.04.080. Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190. 26.44.030 Reports—Duty and authority to make— Duty of receiving agency—Duty to notify—Case planning 26.44.030 [Title 26 RCW—page 135] 26.44.030 Title 26 RCW: Domestic Relations and consultation—Penalty for unauthorized exchange of information—Filing dependency petitions—Interviews of children—Records—Risk assessment process. (Effective until October 1, 2008.) (1)(a) When any practitioner, county coroner or medical examiner, law enforcement officer, professional school personnel, registered or licensed nurse, social service counselor, psychologist, pharmacist, employee of the department of early learning, licensed or certified child care providers or their employees, employee of the department, juvenile probation officer, placement and liaison specialist, responsible living skills program staff, HOPE center staff, or state family and children’s ombudsman or any volunteer in the ombudsman’s office has reasonable cause to believe that a child has suffered abuse or neglect, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040. (b) When any person, in his or her official supervisory capacity with a nonprofit or for-profit organization, has reasonable cause to believe that a child has suffered abuse or neglect caused by a person over whom he or she regularly exercises supervisory authority, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency, provided that the person alleged to have caused the abuse or neglect is employed by, contracted by, or volunteers with the organization and coaches, trains, educates, or counsels a child or children or regularly has unsupervised access to a child or children as part of the employment, contract, or voluntary service. No one shall be required to report under this section when he or she obtains the information solely as a result of a privileged communication as provided in RCW 5.60.060. Nothing in this subsection (1)(b) shall limit a person’s duty to report under (a) of this subsection. For the purposes of this subsection, the following definitions apply: (i) "Official supervisory capacity" means a position, status, or role created, recognized, or designated by any nonprofit or for-profit organization, either for financial gain or without financial gain, whose scope includes, but is not limited to, overseeing, directing, or managing another person who is employed by, contracted by, or volunteers with the nonprofit or for-profit organization. (ii) "Regularly exercises supervisory authority" means to act in his or her official supervisory capacity on an ongoing or continuing basis with regards to a particular person. (c) The reporting requirement also applies to department of corrections personnel who, in the course of their employment, observe offenders or the children with whom the offenders are in contact. If, as a result of observations or information received in the course of his or her employment, any department of corrections personnel has reasonable cause to believe that a child has suffered abuse or neglect, he or she shall report the incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040. (d) The reporting requirement shall also apply to any adult who has reasonable cause to believe that a child who resides with them, has suffered severe abuse, and is able or capable of making a report. For the purposes of this subsection, "severe abuse" means any of the following: Any single [Title 26 RCW—page 136] act of abuse that causes physical trauma of sufficient severity that, if left untreated, could cause death; any single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling; or more than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness. (e) The report must be made at the first opportunity, but in no case longer than forty-eight hours after there is reasonable cause to believe that the child has suffered abuse or neglect. The report must include the identity of the accused if known. (2) The reporting requirement of subsection (1) of this section does not apply to the discovery of abuse or neglect that occurred during childhood if it is discovered after the child has become an adult. However, if there is reasonable cause to believe other children are or may be at risk of abuse or neglect by the accused, the reporting requirement of subsection (1) of this section does apply. (3) Any other person who has reasonable cause to believe that a child has suffered abuse or neglect may report such incident to the proper law enforcement agency or to the department of social and health services as provided in RCW 26.44.040. (4) The department, upon receiving a report of an incident of alleged abuse or neglect pursuant to this chapter, involving a child who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means or who has been subjected to alleged sexual abuse, shall report such incident to the proper law enforcement agency. In emergency cases, where the child’s welfare is endangered, the department shall notify the proper law enforcement agency within twenty-four hours after a report is received by the department. In all other cases, the department shall notify the law enforcement agency within seventy-two hours after a report is received by the department. If the department makes an oral report, a written report must also be made to the proper law enforcement agency within five days thereafter. (5) Any law enforcement agency receiving a report of an incident of alleged abuse or neglect pursuant to this chapter, involving a child who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means, or who has been subjected to alleged sexual abuse, shall report such incident in writing as provided in RCW 26.44.040 to the proper county prosecutor or city attorney for appropriate action whenever the law enforcement agency’s investigation reveals that a crime may have been committed. The law enforcement agency shall also notify the department of all reports received and the law enforcement agency’s disposition of them. In emergency cases, where the child’s welfare is endangered, the law enforcement agency shall notify the department within twenty-four hours. In all other cases, the law enforcement agency shall notify the department within seventy-two hours after a report is received by the law enforcement agency. (6) Any county prosecutor or city attorney receiving a report under subsection (5) of this section shall notify the victim, any persons the victim requests, and the local office of the department, of the decision to charge or decline to charge a crime, within five days of making the decision. (2008 Ed.) Abuse of Children (7) The department may conduct ongoing case planning and consultation with those persons or agencies required to report under this section, with consultants designated by the department, and with designated representatives of Washington Indian tribes if the client information exchanged is pertinent to cases currently receiving child protective services. Upon request, the department shall conduct such planning and consultation with those persons required to report under this section if the department determines it is in the best interests of the child. Information considered privileged by statute and not directly related to reports required by this section must not be divulged without a valid written waiver of the privilege. (8) Any case referred to the department by a physician licensed under chapter 18.57 or 18.71 RCW on the basis of an expert medical opinion that child abuse, neglect, or sexual assault has occurred and that the child’s safety will be seriously endangered if returned home, the department shall file a dependency petition unless a second licensed physician of the parents’ choice believes that such expert medical opinion is incorrect. If the parents fail to designate a second physician, the department may make the selection. If a physician finds that a child has suffered abuse or neglect but that such abuse or neglect does not constitute imminent danger to the child’s health or safety, and the department agrees with the physician’s assessment, the child may be left in the parents’ home while the department proceeds with reasonable efforts to remedy parenting deficiencies. (9) Persons or agencies exchanging information under subsection (7) of this section shall not further disseminate or release the information except as authorized by state or federal statute. Violation of this subsection is a misdemeanor. (10) Upon receiving reports of alleged abuse or neglect, the department or law enforcement agency may interview children. The interviews may be conducted on school premises, at day-care facilities, at the child’s home, or at other suitable locations outside of the presence of parents. Parental notification of the interview must occur at the earliest possible point in the investigation that will not jeopardize the safety or protection of the child or the course of the investigation. Prior to commencing the interview the department or law enforcement agency shall determine whether the child wishes a third party to be present for the interview and, if so, shall make reasonable efforts to accommodate the child’s wishes. Unless the child objects, the department or law enforcement agency shall make reasonable efforts to include a third party in any interview so long as the presence of the third party will not jeopardize the course of the investigation. (11) Upon receiving a report of alleged child abuse and neglect, the department or investigating law enforcement agency shall have access to all relevant records of the child in the possession of mandated reporters and their employees. (12) In investigating and responding to allegations of child abuse and neglect, the department may conduct background checks as authorized by state and federal law. (13) If a report of alleged abuse or neglect is founded and constitutes the third founded report received by the department within the last twelve months involving the same child or family, the department shall promptly notify the office of the family and children’s ombudsman of the contents of the (2008 Ed.) 26.44.030 report. The department shall also notify the ombudsman of the disposition of the report. (14) The department shall maintain investigation records and conduct timely and periodic reviews of all cases constituting abuse and neglect. The department shall maintain a log of screened-out nonabusive cases. (15) The department shall use a risk assessment process when investigating alleged child abuse and neglect referrals. The department shall present the risk factors at all hearings in which the placement of a dependent child is an issue. Substance abuse must be a risk factor. The department shall, within funds appropriated for this purpose, offer enhanced community-based services to persons who are determined not to require further state intervention. (16) Upon receipt of a report of alleged abuse or neglect the law enforcement agency may arrange to interview the person making the report and any collateral sources to determine if any malice is involved in the reporting. (17) The department shall make reasonable efforts to learn the name, address, and telephone number of each person making a report of abuse or neglect under this section. The department shall provide assurances of appropriate confidentiality of the identification of persons reporting under this section. If the department is unable to learn the information required under this subsection, the department shall only investigate cases in which: (a) The department believes there is a serious threat of substantial harm to the child; (b) the report indicates conduct involving a criminal offense that has, or is about to occur, in which the child is the victim; or (c) the department has, after investigation, a report of abuse or neglect that has been founded with regard to a member of the household within three years of receipt of the referral. (18) Upon receiving a report of alleged abuse or neglect involving a child under the court’s jurisdiction under chapter 13.34 RCW, the department shall promptly notify the child’s guardian ad litem of the report’s contents. The department shall also notify the guardian ad litem of the disposition of the report. For purposes of this subsection, "guardian ad litem" has the meaning provided in RCW 13.34.030. [2008 c 211 § 4; 2007 c 387 § 3; 2005 c 417 § 1; 2003 c 207 § 4. Prior: 1999 c 267 § 20; 1999 c 176 § 30; 1998 c 328 § 5; 1997 c 386 § 25; 1996 c 278 § 2; 1995 c 311 § 17; prior: 1993 c 412 § 13; 1993 c 237 § 1; 1991 c 111 § 1; 1989 c 22 § 1; prior: 1988 c 142 § 2; 1988 c 39 § 1; prior: 1987 c 524 § 10; 1987 c 512 § 23; 1987 c 206 § 3; 1986 c 145 § 1; 1985 c 259 § 2; 1984 c 97 § 3; 1982 c 129 § 7; 1981 c 164 § 2; 1977 ex.s. c 80 § 26; 1975 1st ex.s. c 217 § 3; 1971 ex.s. c 167 § 1; 1969 ex.s. c 35 § 3; 1965 c 13 § 3.] Expiration date—2008 c 211 § 4: "Section 4 of this act expires October 1, 2008." [2008 c 211 § 7.] Severability—2005 c 417: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2005 c 417 § 2.] Findings—Intent—Severability—1999 c 267: See notes following RCW 43.20A.790. Short title—Purpose—Entitlement not granted—Federal waivers—1999 c 267 §§ 10-26: See RCW 74.15.900 and 74.15.901. Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005. Application—Effective date—1997 c 386: See notes following RCW 13.50.010. [Title 26 RCW—page 137] 26.44.030 Title 26 RCW: Domestic Relations Finding—Intent—1996 c 278: "The legislature finds that including certain department of corrections personnel among the professionals who are mandated to report suspected abuse or neglect of children, dependent adults, or people with developmental disabilities is an important step toward improving the protection of these vulnerable populations. The legislature intends, however, to limit the circumstances under which department of corrections personnel are mandated reporters of suspected abuse or neglect to only those circumstances when the information is obtained during the course of their employment. This act is not to be construed to alter the circumstances under which other professionals are mandated to report suspected abuse or neglect, nor is it the legislature’s intent to alter current practices and procedures utilized by other professional organizations who are mandated reporters under RCW 26.44.030(1)(a)." [1996 c 278 § 1.] Severability—1987 c 512: See RCW 18.19.901. Legislative findings—1985 c 259: "The Washington state legislature finds and declares: The children of the state of Washington are the state’s greatest resource and the greatest source of wealth to the state of Washington. Children of all ages must be protected from child abuse. Governmental authorities must give the prevention, treatment, and punishment of child abuse the highest priority, and all instances of child abuse must be reported to the proper authorities who should diligently and expeditiously take appropriate action, and child abusers must be held accountable to the people of the state for their actions. The legislature recognizes the current heavy caseload of governmental authorities responsible for the prevention, treatment, and punishment of child abuse. The information obtained by child abuse reporting requirements, in addition to its use as a law enforcement tool, will be used to determine the need for additional funding to ensure that resources for appropriate governmental response to child abuse are available." [1985 c 259 § 1.] Severability—1984 c 97: See RCW 74.34.900. Severability—1982 c 129: See note following RCW 9A.04.080. Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190. 26.44.030 Reports—Duty and authority to make— Duty of receiving agency—Duty to notify—Case planning and consultation—Penalty for unauthorized exchange of information—Filing dependency petitions—Investigations—Interviews of children—Records—Risk assessment process. (Effective October 1, 2008.) (1)(a) When any practitioner, county coroner or medical examiner, law enforcement officer, professional school personnel, registered or licensed nurse, social service counselor, psychologist, pharmacist, employee of the department of early learning, licensed or certified child care providers or their employees, employee of the department, juvenile probation officer, placement and liaison specialist, responsible living skills program staff, HOPE center staff, or state family and children’s ombudsman or any volunteer in the ombudsman’s office has reasonable cause to believe that a child has suffered abuse or neglect, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040. (b) When any person, in his or her official supervisory capacity with a nonprofit or for-profit organization, has reasonable cause to believe that a child has suffered abuse or neglect caused by a person over whom he or she regularly exercises supervisory authority, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency, provided that the person alleged to have caused the abuse or neglect is employed by, contracted by, or volunteers with the organization and coaches, trains, educates, or counsels a child or children or regularly has unsupervised access to a child or children as part of the employment, contract, or voluntary service. No one shall be required 26.44.030 [Title 26 RCW—page 138] to report under this section when he or she obtains the information solely as a result of a privileged communication as provided in RCW 5.60.060. Nothing in this subsection (1)(b) shall limit a person’s duty to report under (a) of this subsection. For the purposes of this subsection, the following definitions apply: (i) "Official supervisory capacity" means a position, status, or role created, recognized, or designated by any nonprofit or for-profit organization, either for financial gain or without financial gain, whose scope includes, but is not limited to, overseeing, directing, or managing another person who is employed by, contracted by, or volunteers with the nonprofit or for-profit organization. (ii) "Regularly exercises supervisory authority" means to act in his or her official supervisory capacity on an ongoing or continuing basis with regards to a particular person. (c) The reporting requirement also applies to department of corrections personnel who, in the course of their employment, observe offenders or the children with whom the offenders are in contact. If, as a result of observations or information received in the course of his or her employment, any department of corrections personnel has reasonable cause to believe that a child has suffered abuse or neglect, he or she shall report the incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040. (d) The reporting requirement shall also apply to any adult who has reasonable cause to believe that a child who resides with them, has suffered severe abuse, and is able or capable of making a report. For the purposes of this subsection, "severe abuse" means any of the following: Any single act of abuse that causes physical trauma of sufficient severity that, if left untreated, could cause death; any single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling; or more than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness. (e) The report must be made at the first opportunity, but in no case longer than forty-eight hours after there is reasonable cause to believe that the child has suffered abuse or neglect. The report must include the identity of the accused if known. (2) The reporting requirement of subsection (1) of this section does not apply to the discovery of abuse or neglect that occurred during childhood if it is discovered after the child has become an adult. However, if there is reasonable cause to believe other children are or may be at risk of abuse or neglect by the accused, the reporting requirement of subsection (1) of this section does apply. (3) Any other person who has reasonable cause to believe that a child has suffered abuse or neglect may report such incident to the proper law enforcement agency or to the department of social and health services as provided in RCW 26.44.040. (4) The department, upon receiving a report of an incident of alleged abuse or neglect pursuant to this chapter, involving a child who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means or who has been subjected to alleged sexual abuse, (2008 Ed.) Abuse of Children shall report such incident to the proper law enforcement agency. In emergency cases, where the child’s welfare is endangered, the department shall notify the proper law enforcement agency within twenty-four hours after a report is received by the department. In all other cases, the department shall notify the law enforcement agency within seventy-two hours after a report is received by the department. If the department makes an oral report, a written report must also be made to the proper law enforcement agency within five days thereafter. (5) Any law enforcement agency receiving a report of an incident of alleged abuse or neglect pursuant to this chapter, involving a child who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means, or who has been subjected to alleged sexual abuse, shall report such incident in writing as provided in RCW 26.44.040 to the proper county prosecutor or city attorney for appropriate action whenever the law enforcement agency’s investigation reveals that a crime may have been committed. The law enforcement agency shall also notify the department of all reports received and the law enforcement agency’s disposition of them. In emergency cases, where the child’s welfare is endangered, the law enforcement agency shall notify the department within twenty-four hours. In all other cases, the law enforcement agency shall notify the department within seventy-two hours after a report is received by the law enforcement agency. (6) Any county prosecutor or city attorney receiving a report under subsection (5) of this section shall notify the victim, any persons the victim requests, and the local office of the department, of the decision to charge or decline to charge a crime, within five days of making the decision. (7) The department may conduct ongoing case planning and consultation with those persons or agencies required to report under this section, with consultants designated by the department, and with designated representatives of Washington Indian tribes if the client information exchanged is pertinent to cases currently receiving child protective services. Upon request, the department shall conduct such planning and consultation with those persons required to report under this section if the department determines it is in the best interests of the child. Information considered privileged by statute and not directly related to reports required by this section must not be divulged without a valid written waiver of the privilege. (8) Any case referred to the department by a physician licensed under chapter 18.57 or 18.71 RCW on the basis of an expert medical opinion that child abuse, neglect, or sexual assault has occurred and that the child’s safety will be seriously endangered if returned home, the department shall file a dependency petition unless a second licensed physician of the parents’ choice believes that such expert medical opinion is incorrect. If the parents fail to designate a second physician, the department may make the selection. If a physician finds that a child has suffered abuse or neglect but that such abuse or neglect does not constitute imminent danger to the child’s health or safety, and the department agrees with the physician’s assessment, the child may be left in the parents’ home while the department proceeds with reasonable efforts to remedy parenting deficiencies. (2008 Ed.) 26.44.030 (9) Persons or agencies exchanging information under subsection (7) of this section shall not further disseminate or release the information except as authorized by state or federal statute. Violation of this subsection is a misdemeanor. (10) Upon receiving a report of alleged abuse or neglect, the department shall make reasonable efforts to learn the name, address, and telephone number of each person making a report of abuse or neglect under this section. The department shall provide assurances of appropriate confidentiality of the identification of persons reporting under this section. If the department is unable to learn the information required under this subsection, the department shall only investigate cases in which: (a) The department believes there is a serious threat of substantial harm to the child; (b) The report indicates conduct involving a criminal offense that has, or is about to occur, in which the child is the victim; or (c) The department has a prior founded report of abuse or neglect with regard to a member of the household that is within three years of receipt of the referral. (11)(a) For reports of alleged abuse or neglect that are accepted for investigation by the department, the investigation shall be conducted within time frames established by the department in rule. In no case shall the investigation extend longer than ninety days from the date the report is received, unless the investigation is being conducted under a written protocol pursuant to RCW 26.44.180 and a law enforcement agency or prosecuting attorney has determined that a longer investigation period is necessary. At the completion of the investigation, the department shall make a finding that the report of child abuse or neglect is founded or unfounded. (b) If a court in a civil or criminal proceeding, considering the same facts or circumstances as are contained in the report being investigated by the department, makes a judicial finding by a preponderance of the evidence or higher that the subject of the pending investigation has abused or neglected the child, the department shall adopt the finding in its investigation. (12) In conducting an investigation of alleged abuse or neglect, the department or law enforcement agency: (a) May interview children. The interviews may be conducted on school premises, at day-care facilities, at the child’s home, or at other suitable locations outside of the presence of parents. Parental notification of the interview must occur at the earliest possible point in the investigation that will not jeopardize the safety or protection of the child or the course of the investigation. Prior to commencing the interview the department or law enforcement agency shall determine whether the child wishes a third party to be present for the interview and, if so, shall make reasonable efforts to accommodate the child’s wishes. Unless the child objects, the department or law enforcement agency shall make reasonable efforts to include a third party in any interview so long as the presence of the third party will not jeopardize the course of the investigation; and (b) Shall have access to all relevant records of the child in the possession of mandated reporters and their employees. (13) If a report of alleged abuse or neglect is founded and constitutes the third founded report received by the department within the last twelve months involving the same child [Title 26 RCW—page 139] 26.44.031 Title 26 RCW: Domestic Relations or family, the department shall promptly notify the office of the family and children’s ombudsman of the contents of the report. The department shall also notify the ombudsman of the disposition of the report. (14) In investigating and responding to allegations of child abuse and neglect, the department may conduct background checks as authorized by state and federal law. (15) The department shall maintain investigation records and conduct timely and periodic reviews of all founded cases of abuse and neglect. The department shall maintain a log of screened-out nonabusive cases. (16) The department shall use a risk assessment process when investigating alleged child abuse and neglect referrals. The department shall present the risk factors at all hearings in which the placement of a dependent child is an issue. Substance abuse must be a risk factor. The department shall, within funds appropriated for this purpose, offer enhanced community-based services to persons who are determined not to require further state intervention. (17) Upon receipt of a report of alleged abuse or neglect the law enforcement agency may arrange to interview the person making the report and any collateral sources to determine if any malice is involved in the reporting. (18) Upon receiving a report of alleged abuse or neglect involving a child under the court’s jurisdiction under chapter 13.34 RCW, the department shall promptly notify the child’s guardian ad litem of the report’s contents. The department shall also notify the guardian ad litem of the disposition of the report. For purposes of this subsection, "guardian ad litem" has the meaning provided in RCW 13.34.030. [2008 c 211 § 5. Prior: 2007 c 387 § 3; 2007 c 220 § 2; 2005 c 417 § 1; 2003 c 207 § 4; prior: 1999 c 267 § 20; 1999 c 176 § 30; 1998 c 328 § 5; 1997 c 386 § 25; 1996 c 278 § 2; 1995 c 311 § 17; prior: 1993 c 412 § 13; 1993 c 237 § 1; 1991 c 111 § 1; 1989 c 22 § 1; prior: 1988 c 142 § 2; 1988 c 39 § 1; prior: 1987 c 524 § 10; 1987 c 512 § 23; 1987 c 206 § 3; 1986 c 145 § 1; 1985 c 259 § 2; 1984 c 97 § 3; 1982 c 129 § 7; 1981 c 164 § 2; 1977 ex.s. c 80 § 26; 1975 1st ex.s. c 217 § 3; 1971 ex.s. c 167 § 1; 1969 ex.s. c 35 § 3; 1965 c 13 § 3.] Effective date—2008 c 211 § 5: "Section 5 of this act takes effect October 1, 2008." [2008 c 211 § 8.] Effective date—Implementation—2007 c 220 §§ 1-3: See notes following RCW 26.44.020. Severability—2005 c 417: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2005 c 417 § 2.] Findings—Intent—Severability—1999 c 267: See notes following RCW 43.20A.790. Short title—Purpose—Entitlement not granted—Federal waivers—1999 c 267 §§ 10-26: See RCW 74.15.900 and 74.15.901. Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005. Application—Effective date—1997 c 386: See notes following RCW 13.50.010. Finding—Intent—1996 c 278: "The legislature finds that including certain department of corrections personnel among the professionals who are mandated to report suspected abuse or neglect of children, dependent adults, or people with developmental disabilities is an important step toward improving the protection of these vulnerable populations. The legislature intends, however, to limit the circumstances under which department of corrections personnel are mandated reporters of suspected abuse or neglect to only those circumstances when the information is obtained during the course of their employment. This act is not to be construed to alter the circum[Title 26 RCW—page 140] stances under which other professionals are mandated to report suspected abuse or neglect, nor is it the legislature’s intent to alter current practices and procedures utilized by other professional organizations who are mandated reporters under RCW 26.44.030(1)(a)." [1996 c 278 § 1.] Severability—1987 c 512: See RCW 18.19.901. Legislative findings—1985 c 259: "The Washington state legislature finds and declares: The children of the state of Washington are the state’s greatest resource and the greatest source of wealth to the state of Washington. Children of all ages must be protected from child abuse. Governmental authorities must give the prevention, treatment, and punishment of child abuse the highest priority, and all instances of child abuse must be reported to the proper authorities who should diligently and expeditiously take appropriate action, and child abusers must be held accountable to the people of the state for their actions. The legislature recognizes the current heavy caseload of governmental authorities responsible for the prevention, treatment, and punishment of child abuse. The information obtained by child abuse reporting requirements, in addition to its use as a law enforcement tool, will be used to determine the need for additional funding to ensure that resources for appropriate governmental response to child abuse are available." [1985 c 259 § 1.] Severability—1984 c 97: See RCW 74.34.900. Severability—1982 c 129: See note following RCW 9A.04.080. Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190. 26.44.031 Unfounded referrals—Report retention. (Effective until October 1, 2008.) To protect the privacy in reporting and the maintenance of reports of nonaccidental injury, neglect, death, sexual abuse, and cruelty to children by their parents, and to safeguard against arbitrary, malicious, or erroneous information or actions, the department shall not maintain information related to unfounded referrals in files or reports of child abuse or neglect for longer than six years except as provided in this section. At the end of six years from receipt of the unfounded report, the information shall be purged unless an additional report has been received in the intervening period. [1997 c 282 § 1.] 26.44.031 26.44.031 Records—Maintenance and disclosure— Destruction of screened-out, unfounded, or inconclusive reports—Rules—Proceedings for enforcement. (Effective October 1, 2008.) (1) To protect the privacy in reporting and the maintenance of reports of nonaccidental injury, neglect, death, sexual abuse, and cruelty to children by their parents, and to safeguard against arbitrary, malicious, or erroneous information or actions, the department shall not disclose or maintain information related to reports of child abuse or neglect except as provided in this section or as otherwise required by state and federal law. (2) The department shall destroy all of its records concerning: (a) A screened-out report, within three years from the receipt of the report; and (b) An unfounded or inconclusive report, within six years of completion of the investigation, unless a prior or subsequent founded report has been received regarding the child who is the subject of the report, a sibling or half-sibling of the child, or a parent, guardian, or legal custodian of the child, before the records are destroyed. (3) The department may keep records concerning founded reports of child abuse or neglect as the department determines by rule. 26.44.031 (2008 Ed.) Abuse of Children (4) An unfounded, screened-out, or inconclusive report may not be disclosed to a child-placing agency, private adoption agency, or any other provider licensed under chapter 74.15 RCW. (5)(a) If the department fails to comply with this section, an individual who is the subject of a report may institute proceedings for injunctive or other appropriate relief for enforcement of the requirement to purge information. These proceedings may be instituted in the superior court for the county in which the person resides or, if the person is not then a resident of this state, in the superior court for Thurston county. (b) If the department fails to comply with subsection (4) of this section and an individual who is the subject of the report is harmed by the disclosure of information, in addition to the relief provided in (a) of this subsection, the court may award a penalty of up to one thousand dollars and reasonable attorneys’ fees and court costs to the petitioner. (c) A proceeding under this subsection does not preclude other methods of enforcement provided for by law. (6) Nothing in this section shall prevent the department from retaining general, nonidentifying information which is required for state and federal reporting and management purposes. [2007 c 220 § 3; 1997 c 282 § 1.] Effective date—Implementation—2007 c 220 §§ 1-3: See notes following RCW 26.44.020. 26.44.032 Legal defense of public employee. In cases in which a public employee subject to RCW 26.44.030 acts in good faith and without gross negligence in his or her reporting duty, and if the employee’s judgment as to what constitutes reasonable cause to believe that a child has suffered abuse or neglect is being challenged, the public employer shall provide for the legal defense of the employee. [1999 c 176 § 31; 1988 c 87 § 1.] 26.44.032 Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005. 26.44.035 Response to complaint by more than one agency—Procedure—Written records. (1) If the department or a law enforcement agency responds to a complaint of alleged child abuse or neglect and discovers that another agency has also responded to the complaint, the agency shall notify the other agency of their presence, and the agencies shall coordinate the investigation and keep each other apprised of progress. (2) The department, each law enforcement agency, each county prosecuting attorney, each city attorney, and each court shall make as soon as practicable a written record and shall maintain records of all incidents of suspected child abuse reported to that person or agency. (3) Every employee of the department who conducts an interview of any person involved in an allegation of abuse or neglect shall retain his or her original written records or notes setting forth the content of the interview unless the notes were entered into the electronic system operated by the department which is designed for storage, retrieval, and preservation of such records. (4) Written records involving child sexual abuse shall, at a minimum, be a near verbatim record for the disclosure interview. The near verbatim record shall be produced within 26.44.035 (2008 Ed.) 26.44.050 fifteen calendar days of the disclosure interview, unless waived by management on a case-by-case basis. (5) Records kept under this section shall be identifiable by means of an agency code for child abuse. [1999 c 389 § 7; 1997 c 386 § 26; 1985 c 259 § 3.] Application—Effective date—1997 c 386: See notes following RCW 13.50.010. Legislative findings—1985 c 259: See note following RCW 26.44.030. 26.44.040 Reports—Oral, written—Contents. An immediate oral report must be made by telephone or otherwise to the proper law enforcement agency or the department of social and health services and, upon request, must be followed by a report in writing. Such reports must contain the following information, if known: (1) The name, address, and age of the child; (2) The name and address of the child’s parents, stepparents, guardians, or other persons having custody of the child; (3) The nature and extent of the alleged injury or injuries; (4) The nature and extent of the alleged neglect; (5) The nature and extent of the alleged sexual abuse; (6) Any evidence of previous injuries, including their nature and extent; and (7) Any other information that may be helpful in establishing the cause of the child’s death, injury, or injuries and the identity of the alleged perpetrator or perpetrators. [1999 c 176 § 32; 1997 c 386 § 27; 1993 c 412 § 14; 1987 c 206 § 4; 1984 c 97 § 4; 1977 ex.s. c 80 § 27; 1975 1st ex.s. c 217 § 4; 1971 ex.s. c 167 § 2; 1969 ex.s. c 35 § 4; 1965 c 13 § 4.] 26.44.040 Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005. Application—Effective date—1997 c 386: See notes following RCW 13.50.010. Severability—1984 c 97: See RCW 74.34.900. Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190. 26.44.050 Abuse or neglect of child—Duty of law enforcement agency or department of social and health services—Taking child into custody without court order, when. Upon the receipt of a report concerning the possible occurrence of abuse or neglect, the law enforcement agency or the department of social and health services must investigate and provide the protective services section with a report in accordance with chapter 74.13 RCW, and where necessary to refer such report to the court. A law enforcement officer may take, or cause to be taken, a child into custody without a court order if there is probable cause to believe that the child is abused or neglected and that the child would be injured or could not be taken into custody if it were necessary to first obtain a court order pursuant to RCW 13.34.050. The law enforcement agency or the department of social and health services investigating such a report is hereby authorized to photograph such a child for the purpose of providing documentary evidence of the physical condition of the child. [1999 c 176 § 33. Prior: 1987 c 450 § 7; 1987 c 206 § 5; 1984 c 97 § 5; 1981 c 164 § 3; 1977 ex.s. c 291 § 51; 1977 ex.s. c 80 § 28; 1975 1st ex.s. c 217 § 5; 1971 ex.s. c 302 § 15; 1969 ex.s. c 35 § 5; 1965 c 13 § 5.] 26.44.050 [Title 26 RCW—page 141] 26.44.053 Title 26 RCW: Domestic Relations Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005. Severability—1984 c 97: See RCW 74.34.900. Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005. Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190. Severability—1971 ex.s. c 302: See note following RCW 9.41.010. 26.44.053 Guardian ad litem, appointment—Examination of person having legal custody—Hearing—Procedure. (1) In any judicial proceeding under this chapter or chapter 13.34 RCW in which it is alleged that a child has been subjected to child abuse or neglect, the court shall appoint a guardian ad litem for the child as provided in chapter 13.34 RCW. The requirement of a guardian ad litem may be deemed satisfied if the child is represented by counsel in the proceedings. (2) At any time prior to or during a hearing in such a case, the court may, on its own motion, or the motion of the guardian ad litem, or other parties, order the examination by a physician, psychologist, or psychiatrist, of any parent or child or other person having custody of the child at the time of the alleged child abuse or neglect, if the court finds such an examination is necessary to the proper determination of the case. The hearing may be continued pending the completion of such examination. The physician, psychologist, or psychiatrist conducting such an examination may be required to testify concerning the results of such examination and may be asked to give his or her opinion as to whether the protection of the child requires that he or she not be returned to the custody of his or her parents or other persons having custody of him or her at the time of the alleged child abuse or neglect. Persons so testifying shall be subject to cross-examination as are other witnesses. No information given at any such examination of the parent or any other person having custody of the child may be used against such person in any subsequent criminal proceedings against such person or custodian concerning the alleged abuse or neglect of the child. (3) A parent or other person having legal custody of a child alleged to be abused or neglected shall be a party to any proceeding that may impair or impede such person’s interest in and custody or control of the child. [1997 c 386 § 28; 1996 c 249 § 16; 1994 c 110 § 1; 1993 c 241 § 4. Prior: 1987 c 524 § 11; 1987 c 206 § 7; 1975 1st ex.s. c 217 § 8.] 26.44.053 Application—Effective date—1997 c 386: See notes following RCW 13.50.010. Intent—1996 c 249: See note following RCW 2.56.030. Conflict with federal requirements—1993 c 241: See note following RCW 13.34.030. 26.44.056 Protective detention or custody of abused child—Reasonable cause—Notice—Time limits—Monitoring plan—Liability. (1) An administrator of a hospital or similar institution or any physician, licensed pursuant to chapters 18.71 or 18.57 RCW, may detain a child without consent of a person legally responsible for the child whether or not medical treatment is required, if the circumstances or conditions of the child are such that the detaining individual has reasonable cause to believe that permitting the child to continue in his or her place of residence or in the care and 26.44.056 [Title 26 RCW—page 142] custody of the parent, guardian, custodian or other person legally responsible for the child’s care would present an imminent danger to that child’s safety: PROVIDED, That such administrator or physician shall notify or cause to be notified the appropriate law enforcement agency or child protective services pursuant to RCW 26.44.040. Such notification shall be made as soon as possible and in no case longer than seventy-two hours. Such temporary protective custody by an administrator or doctor shall not be deemed an arrest. Child protective services may detain the child until the court assumes custody, but in no case longer than seventy-two hours, excluding Saturdays, Sundays, and holidays. (2) Whenever an administrator or physician has reasonable cause to believe that a child would be in imminent danger if released to a parent, guardian, custodian, or other person or is in imminent danger if left in the custody of a parent, guardian, custodian, or other person, the administrator or physician may notify a law enforcement agency and the law enforcement agency shall take the child into custody or cause the child to be taken into custody. The law enforcement agency shall release the child to the custody of child protective services. Child protective services shall detain the child until the court assumes custody or upon a documented and substantiated record that in the professional judgment of the child protective services the child’s safety will not be endangered if the child is returned. If the child is returned, the department shall establish a six-month plan to monitor and assure the continued safety of the child’s life or health. The monitoring period may be extended for good cause. (3) A child protective services employee, an administrator, doctor, or law enforcement officer shall not be held liable in any civil action for the decision for taking the child into custody, if done in good faith under this section. [1983 c 246 § 3; 1982 c 129 § 8; 1975 1st ex.s. c 217 § 9.] Severability—1982 c 129: See note following RCW 9A.04.080. 26.44.060 26.44.060 Immunity from civil or criminal liability— Confidential communications not violated—Actions against state not affected—False report, penalty. (1)(a) Except as provided in (b) of this subsection, any person participating in good faith in the making of a report pursuant to this chapter or testifying as to alleged child abuse or neglect in a judicial proceeding shall in so doing be immune from any liability arising out of such reporting or testifying under any law of this state or its political subdivisions. (b) A person convicted of a violation of subsection (4) of this section shall not be immune from liability under (a) of this subsection. (2) An administrator of a hospital or similar institution or any physician licensed pursuant to chapters 18.71 or 18.57 RCW taking a child into custody pursuant to RCW 26.44.056 shall not be subject to criminal or civil liability for such taking into custody. (3) Conduct conforming with the reporting requirements of this chapter shall not be deemed a violation of the confidential communication privilege of RCW 5.60.060 (3) and (4), 18.53.200 and 18.83.110. Nothing in this chapter shall be construed as to supersede or abridge remedies provided in chapter 4.92 RCW. (2008 Ed.) Abuse of Children (4) A person who, intentionally and in bad faith, knowingly makes a false report of alleged abuse or neglect shall be guilty of a misdemeanor punishable in accordance with RCW 9A.20.021. (5) A person who, in good faith and without gross negligence, cooperates in an investigation arising as a result of a report made pursuant to this chapter, shall not be subject to civil liability arising out of his or her cooperation. This subsection does not apply to a person who caused or allowed the child abuse or neglect to occur. [2007 c 118 § 1; 2004 c 37 § 1; 1997 c 386 § 29; 1988 c 142 § 3; 1982 c 129 § 9; 1975 1st ex.s. c 217 § 6; 1965 c 13 § 6.] Application—Effective date—1997 c 386: See notes following RCW 13.50.010. Severability—1982 c 129: See note following RCW 9A.04.080. Nurse-patient privilege subject to RCW 26.44.060(3): RCW 5.62.030. 26.44.061 26.44.061 False reporting—Statement warning against—Determination letter and referral. (1) The child protective services section shall prepare a statement warning against false reporting of alleged child abuse or neglect for inclusion in any instructions, informational brochures, educational forms, and handbooks developed or prepared for or by the department and relating to the reporting of abuse or neglect of children. Such statement shall include information on the criminal penalties that apply to false reports of alleged child abuse or neglect under RCW 26.44.060(4). It shall not be necessary to reprint existing materials if any other less expensive technique can be used. Materials shall be revised when reproduced. (2) The child protective services section shall send a letter by certified mail to any person determined by the section to have made a false report of child abuse or neglect informing the person that such a determination has been made and that a second or subsequent false report will be referred to the proper law enforcement agency for investigation. [2007 c 118 § 2.] 26.44.063 26.44.063 Temporary restraining order or preliminary injunction—Enforcement—Notice of modification or termination of restraining order. (1) It is the intent of the legislature to minimize trauma to a child involved in an allegation of sexual or physical abuse. The legislature declares that removing the child from the home or the care of a parent, guardian, or legal custodian often has the effect of further traumatizing the child. It is, therefore, the legislature’s intent that the alleged abuser, rather than the child, shall be removed or restrained from the child’s residence and that this should be done at the earliest possible point of intervention in accordance with RCW 10.31.100, chapter 13.34 RCW, this section, and RCW 26.44.130. (2) In any judicial proceeding in which it is alleged that a child has been subjected to sexual or physical abuse, if the court finds reasonable grounds to believe that an incident of sexual or physical abuse has occurred, the court may, on its own motion, or the motion of the guardian ad litem or other parties, issue a temporary restraining order or preliminary injunction restraining or enjoining the person accused of committing the abuse from: (2008 Ed.) 26.44.063 (a) Molesting or disturbing the peace of the alleged victim; (b) Entering the family home of the alleged victim except as specifically authorized by the court; (c) Having any contact with the alleged victim, except as specifically authorized by the court; (d) Knowingly coming within, or knowingly remaining within, a specified distance of a specified location. (3) If the caretaker is willing, and does comply with the duties prescribed in subsection (8) of this section, uncertainty by the caretaker that the alleged abuser has in fact abused the alleged victim shall not, alone, be a basis to remove the alleged victim from the caretaker, nor shall it be considered neglect. (4) In issuing a temporary restraining order or preliminary injunction, the court may impose any additional restrictions that the court in its discretion determines are necessary to protect the child from further abuse or emotional trauma pending final resolution of the abuse allegations. (5) The court shall issue a temporary restraining order prohibiting a person from entering the family home if the court finds that the order would eliminate the need for an outof-home placement to protect the child’s right to nurturance, health, and safety and is sufficient to protect the child from further sexual or physical abuse or coercion. (6) The court may issue a temporary restraining order without requiring notice to the party to be restrained or other parties only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed. (7) A temporary restraining order or preliminary injunction: (a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding; and (b) May be revoked or modified. (8) The person having physical custody of the child shall have an affirmative duty to assist in the enforcement of the restraining order including but not limited to a duty to notify the court as soon as practicable of any violation of the order, a duty to request the assistance of law enforcement officers to enforce the order, and a duty to notify the department of social and health services of any violation of the order as soon as practicable if the department is a party to the action. Failure by the custodial party to discharge these affirmative duties shall be subject to contempt proceedings. (9) Willful violation of a court order entered under this section is a misdemeanor. A written order shall contain the court’s directive and shall bear the legend: "Violation of this order with actual notice of its terms is a criminal offense under chapter 26.44 RCW, is also subject to contempt proceedings, and will subject a violator to arrest." (10) If a restraining order issued under this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system. [2008 c 267 § 4; 2000 c 119 § 12; 1993 c 412 § 15; 1988 c 190 § 3; 1985 c 35 § 1.] Application—2000 c 119: See note following RCW 26.50.021. [Title 26 RCW—page 143] 26.44.067 Title 26 RCW: Domestic Relations Ex parte temporary order for protection: RCW 26.50.070. Orders for protection in cases of domestic violence: RCW 26.50.030. Orders prohibiting contact: RCW 10.99.040. Temporary restraining order: RCW 26.09.060. 26.44.067 Temporary restraining order or preliminary injunction—Contents—Notice—Noncompliance— Defense—Penalty. (1) Any person having had actual notice of the existence of a restraining order issued by a court of competent jurisdiction pursuant to RCW 26.44.063 who refuses to comply with the provisions of such order shall be guilty of a misdemeanor. (2) The notice requirements of subsection (1) of this section may be satisfied by the peace officer giving oral or written evidence to the person subject to the order by reading from or handing to that person a copy certified by a notary public or the clerk of the court to be an accurate copy of the original court order which is on file. The copy may be supplied by the court or any party. (3) The remedies provided in this section shall not apply unless restraining orders subject to this section bear this legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.44 RCW AND IS ALSO SUBJECT TO CONTEMPT PROCEEDINGS. (4) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule. No right of action shall accrue against any peace officer acting upon a properly certified copy of a court order lawful on its face if such officer employs otherwise lawful means to effect the arrest. [2000 c 119 § 13; 1993 c 412 § 16; 1989 c 373 § 23; 1985 c 35 § 2.] 26.44.067 Application—2000 c 119: See note following RCW 26.50.021. Severability—1989 c 373: See RCW 7.21.900. 26.44.075 Inclusion of number of child abuse reports and cases in prosecuting attorney’s annual report. Commencing in 1986, the prosecuting attorney shall include in the annual report a section stating the number of child abuse reports received by the office under this chapter and the number of cases where charges were filed. [1985 c 259 § 4.] 26.44.075 Legislative findings—1985 c 259: See note following RCW 26.44.030. 26.44.080 Violation—Penalty. Every person who is required to make, or to cause to be made, a report pursuant to RCW 26.44.030 and 26.44.040, and who knowingly fails to make, or fails to cause to be made, such report, shall be guilty of a gross misdemeanor. [1982 c 129 § 10; 1971 ex.s. c 167 § 3.] 26.44.080 Severability—1982 c 129: See note following RCW 9A.04.080. 26.44.100 Information about rights—Legislative purpose—Notification of investigation, report, and findings. (1) The legislature finds parents and children often are not aware of their due process rights when agencies are investigating allegations of child abuse and neglect. The legislature reaffirms that all citizens, including parents, shall be afforded due process, that protection of children remains the priority of the legislature, and that this protection includes 26.44.100 [Title 26 RCW—page 144] protecting the family unit from unnecessary disruption. To facilitate this goal, the legislature wishes to ensure that parents and children be advised in writing and orally, if feasible, of their basic rights and other specific information as set forth in this chapter, provided that nothing contained in this chapter shall cause any delay in protective custody action. (2) The department shall notify the parent, guardian, or legal custodian of a child of any allegations of child abuse or neglect made against such person at the initial point of contact with such person, in a manner consistent with the laws maintaining the confidentiality of the persons making the complaints or allegations. Investigations of child abuse and neglect should be conducted in a manner that will not jeopardize the safety or protection of the child or the integrity of the investigation process. Whenever the department completes an investigation of a child abuse or neglect report under chapter 26.44 RCW, the department shall notify the subject of the report of the department’s investigative findings. The notice shall also advise the subject of the report that: (a) A written response to the report may be provided to the department and that such response will be filed in the record following receipt by the department; (b) Information in the department’s record may be considered in subsequent investigations or proceedings related to child protection or child custody; (c) Founded reports of child abuse and neglect may be considered in determining whether the person is disqualified from being licensed to provide child care, employed by a licensed child care agency, or authorized by the department to care for children; and (d) A subject named in a founded report of child abuse or neglect has the right to seek review of the finding as provided in this chapter. (3) The notification required by this section shall be made by certified mail, return receipt requested, to the person’s last known address. (4) The duty of notification created by this section is subject to the ability of the department to ascertain the location of the person to be notified. The department shall exercise reasonable, good-faith efforts to ascertain the location of persons entitled to notification under this section. (5) The department shall provide training to all department personnel who conduct investigations under this section that shall include, but is not limited to, training regarding the legal duties of the department from the initial time of contact during investigation through treatment in order to protect children and families. [2005 c 512 § 1; 1998 c 314 § 8; 1997 c 282 § 2; 1993 c 412 § 17; 1985 c 183 § 1.] Finding—Intent—2005 c 512: "The legislature finds that whenever possible, children should remain in the home of their parents. It is only when the safety of the child is in jeopardy that the child should be removed from the home. It is the intent of the legislature that the department of social and health services be permitted to intervene in cases of chronic neglect where the health, welfare, or safety of the child is at risk. One incident of neglect may not rise to the level requiring state intervention; however, a pattern of neglect has been shown to cause damage to the health and well-being of the child subject to the neglect. It is the intent of the legislature that, when chronic neglect has been found to exist in a family, the legal system reinforce the need for the parent’s early engagement in services that will decrease the likelihood of future neglect. However, if the parents fail to comply with the offered necessary (2008 Ed.) Abuse of Children and available services, the state has the authority to intervene to protect the children who are at risk. If a parent fails to engage in available substance abuse or mental health services necessary to maintain the safety of a child or a parent fails to correct substance abuse deficiencies that jeopardize the safety of a child, the state has the authority to intervene to protect a child." [2005 c 512 § 2.] Effective date—2005 c 512: "This act takes effect January 1, 2007." [2005 c 512 § 10.] Short title—2005 c 512: "This act may be known and cited as the Justice and Raiden Act." [2005 c 512 § 11.] 26.44.105 Information about rights—Oral and written information—Copies of dependency petition and any court order. Whenever a dependency petition is filed by the department of social and health services, it shall advise the parents, and any child over the age of twelve who is subject to the dependency action, of their respective rights under RCW 13.34.090. The parents and the child shall be provided a copy of the dependency petition and a copy of any court orders which have been issued. This advice of rights under RCW 13.34.090 shall be in writing. The department caseworker shall also make reasonable efforts to advise the parent and child of these same rights orally. [1985 c 183 § 2.] 26.44.105 26.44.110 Information about rights—Custody without court order—Written statement required—Contents. If a child has been taken into custody by law enforcement pursuant to RCW 26.44.050, the law enforcement agency shall leave a written statement with a parent or in the residence of the parent if no parent is present. The statement shall give the reasons for the removal of the child from the home and the telephone number of the child protective services office in the parent’s jurisdiction. [1985 c 183 § 3.] 26.44.110 26.44.115 Child taken into custody under court order—Information to parents. If a child is taken into custody by child protective services pursuant to a court order issued under RCW 13.34.062, the child protective services worker shall take reasonable steps to advise the parents immediately, regardless of the time of day, that the child has been taken into custody, the reasons why the child was taken into custody, and general information about the child’s placement. The department shall comply with RCW 13.34.060 when providing notice under this section. [2000 c 122 § 39; 1990 c 246 § 10; 1985 c 183 § 4.] 26.44.115 Severability—1990 c 246: See note following RCW 13.34.060. 26.44.120 Information about rights—Notice to noncustodial parent. Whenever the child protective services worker is required to notify parents and children of their basic rights and other specific information as set forth in RCW 26.44.105 through 26.44.115, the child protective services worker shall also make a reasonable effort to notify the noncustodial parent of the same information in a timely manner. [1985 c 183 § 5.] 26.44.120 26.44.125 Alleged perpetrators—Right to review and amendment of finding—Hearing. (1) A person who is named as an alleged perpetrator after October 1, 1998, in a founded report of child abuse or neglect has the right to seek review and amendment of the finding as provided in this section. 26.44.125 (2008 Ed.) 26.44.140 (2) Within twenty calendar days after receiving written notice from the department under RCW 26.44.100 that a person is named as an alleged perpetrator in a founded report of child abuse or neglect, he or she may request that the department review the finding. The request must be made in writing. If a request for review is not made as provided in this subsection, the alleged perpetrator may not further challenge the finding and shall have no right to agency review or to an adjudicative hearing or judicial review of the finding. (3) Upon receipt of a written request for review, the department shall review and, if appropriate, may amend the finding. Management level staff within the children’s administration designated by the secretary shall be responsible for the review. The review must be conducted in accordance with procedures the department establishes by rule. Upon completion of the review, the department shall notify the alleged perpetrator in writing of the agency’s determination. The notification must be sent by certified mail, return receipt requested, to the person’s last known address. (4) If, following agency review, the report remains founded, the person named as the alleged perpetrator in the report may request an adjudicative hearing to contest the finding. The adjudicative proceeding is governed by chapter 34.05 RCW and this section. The request for an adjudicative proceeding must be filed within thirty calendar days after receiving notice of the agency review determination. If a request for an adjudicative proceeding is not made as provided in this subsection, the alleged perpetrator may not further challenge the finding and shall have no right to agency review or to an adjudicative hearing or judicial review of the finding. (5) Reviews and hearings conducted under this section are confidential and shall not be open to the public. Information about reports, reviews, and hearings may be disclosed only in accordance with federal and state laws pertaining to child welfare records and child protective services reports. (6) The department may adopt rules to implement this section. [1998 c 314 § 9.] Effective date—1998 c 314 § 9: "Section 9 of this act takes effect October 1, 1998." [1998 c 314 § 45.] 26.44.130 Arrest without warrant. When a peace officer responds to a call alleging that a child has been subjected to sexual or physical abuse or criminal mistreatment and has probable cause to believe that a crime has been committed or responds to a call alleging that a temporary restraining order or preliminary injunction has been violated, the peace officer has the authority to arrest the person without a warrant pursuant to RCW 10.31.100. [2002 c 219 § 11; 1988 c 190 § 4.] 26.44.130 Intent—Finding—2002 c 219: See note following RCW 9A.42.037. 26.44.140 Treatment for abusive person removed from home. The court shall require that an individual who, while acting in a parental role, has physically or sexually abused a child and has been removed from the home pursuant to a court order issued in a proceeding under chapter 13.34 RCW, prior to being permitted to reside in the home where the child resides, complete the treatment and education requirements necessary to protect the child from future abuse. The court may require the individual to continue treatment as 26.44.140 [Title 26 RCW—page 145] 26.44.150 Title 26 RCW: Domestic Relations a condition for remaining in the home where the child resides. Unless a parent, custodian, or guardian has been convicted of the crime for the acts of abuse determined in a factfinding hearing under chapter 13.34 RCW, such person shall not be required to admit guilt in order to begin to fulfill any necessary treatment and education requirements under this section. The department of social and health services or supervising agency shall be responsible for advising the court as to appropriate treatment and education requirements, providing referrals to the individual, monitoring and assessing the individual’s progress, informing the court of such progress, and providing recommendations to the court. The person removed from the home shall pay for these services unless the person is otherwise eligible to receive financial assistance in paying for such services. Nothing in this section shall be construed to create in any person an entitlement to services or financial assistance in paying for services. [1997 c 344 § 1; 1991 c 301 § 15; 1990 c 3 § 1301.] Finding—1991 c 301: See note following RCW 10.99.020. Index, part headings not law—Severability—Effective dates— Application—1990 c 3: See RCW 18.155.900 through 18.155.902. 26.44.150 Temporary restraining order restricting visitation for persons accused of sexually or physically abusing a child—Penalty for violating court order. (1) If a person who has unsupervised visitation rights with a minor child pursuant to a court order is accused of sexually or physically abusing a child and the alleged abuse has been reported to the proper authorities for investigation, the law enforcement officer conducting the investigation may file an affidavit with the prosecuting attorney stating that the person is currently under investigation for sexual or physical abuse of a child and that there is a risk of harm to the child if a temporary restraining order is not entered. Upon receipt of the affidavit, the prosecuting attorney shall determine whether there is a risk of harm to the child if a temporary restraining order is not entered. If the prosecutor determines there is a risk of harm, the prosecutor shall immediately file a motion for an order to show cause seeking to restrict visitation with the child, and seek a temporary restraining order. The restraining order shall be issued for up to ninety days or until the investigation has been concluded in favor of the alleged abuser, whichever is shorter. (2) Willful violation of a court order entered under this section is a misdemeanor. The court order shall state: "Violation of this order is a criminal offense under chapter 26.44 RCW and will subject the violator to arrest." [1993 c 412 § 18.] 26.44.150 26.44.160 Allegations that child under twelve committed sex offense—Investigation—Referral to prosecuting attorney—Referral to department—Referral for treatment. (1) If a law enforcement agency receives a complaint that alleges that a child under age twelve has committed a sex offense as defined in RCW 9.94A.030, the agency shall investigate the complaint. If the investigation reveals that probable cause exists to believe that the youth may have committed a sex offense and the child is at least eight years of age, the agency shall refer the case to the proper county prosecuting attorney for appropriate action to determine whether 26.44.160 [Title 26 RCW—page 146] the child may be prosecuted or is a sexually aggressive youth. If the child is less than eight years old, the law enforcement agency shall refer the case to the department. (2) If the prosecutor or a judge determines the child cannot be prosecuted for the alleged sex offense because the child is incapable of committing a crime as provided in RCW 9A.04.050 and the prosecutor believes that probable cause exists to believe that the child engaged in acts that would constitute a sex offense, the prosecutor shall refer the child as a sexually aggressive youth to the department. The prosecutor shall provide the department with an affidavit stating that the prosecutor has determined that probable cause exists to believe that the juvenile has committed acts that could be prosecuted as a sex offense but the case is not being prosecuted because the juvenile is incapable of committing a crime as provided in RCW 9A.04.050. (3) The department shall investigate any referrals that allege that a child is a sexually aggressive youth. The purpose of the investigation shall be to determine whether the child is abused or neglected, as defined in this chapter, and whether the child or the child’s parents are in need of services or treatment. The department may offer appropriate available services and treatment to a sexually aggressive youth and his or her parents or legal guardians as provided in RCW 74.13.075 and may refer the child and his or her parents to appropriate treatment and services available within the community. If the parents refuse to accept or fail to obtain appropriate treatment or services under circumstances that indicate that the refusal or failure is child abuse or neglect, as defined in this chapter, the department may pursue a dependency action as provided in chapter 13.34 RCW. (4) Nothing in this section shall affect the responsibility of a law enforcement agency to report incidents of abuse or neglect as required in RCW 26.44.030(5). [1993 c 402 § 2.] 26.44.170 26.44.170 Alleged child abuse or neglect—Use of alcohol or controlled substances as contributing factor— Evaluation. (1) When, as a result of a report of alleged child abuse or neglect, an investigation is made that includes an inperson contact with the person who is alleged to have committed the abuse or neglect, there shall be a determination of whether it is probable that the use of alcohol or controlled substances is a contributing factor to the alleged abuse or neglect. (2) The department shall provide appropriate training for persons who conduct the investigations under subsection (1) of this section. The training shall include methods of identifying indicators of abuse of alcohol or controlled substances. (3) If a determination is made under subsection (1) of this section that there is probable cause to believe abuse of alcohol or controlled substances has contributed to the child abuse or neglect, the department shall, within available funds, cause a comprehensive chemical dependency evaluation to be made of the person or persons so identified. The evaluation shall be conducted by a physician or persons certified under rules adopted by the department to make such evaluation. The department shall perform the duties assigned under this section within existing personnel resources. [1997 c 386 § 48.] (2008 Ed.) Abuse of Children 26.44.180 Investigation of child sexual abuse—Protocols—Documentation of agencies’ roles. (1) Each agency involved in investigating child sexual abuse shall document its role in handling cases and how it will coordinate with other local agencies or systems and shall adopt a local protocol based on the state guidelines. The department and local law enforcement agencies may include other agencies and systems that are involved with child sexual abuse victims in the multidisciplinary coordination. (2) Each county shall develop a written protocol for handling criminal child sexual abuse investigations. The protocol shall address the coordination of child sexual abuse investigations between the prosecutor’s office, law enforcement, the department, local advocacy groups, and any other local agency involved in the criminal investigation of child sexual abuse, including those investigations involving multiple victims and multiple offenders. The protocol shall be developed by the prosecuting attorney with the assistance of the agencies referenced in this subsection. (3) Local protocols under this section shall be adopted and in place by July 1, 2000, and shall be submitted to the legislature prior to that date. [1999 c 389 § 4.] 26.44.180 26.44.185 Investigation of child sexual abuse—Revision and expansion of protocols—Child fatality, child physical abuse, and criminal child neglect cases. (1) Each county shall revise and expand its existing child sexual abuse investigation protocol to address investigations of child fatality, child physical abuse, and criminal child neglect cases and to incorporate the statewide guidelines for first responders to child fatalities developed by the criminal justice training commission. The protocols shall address the coordination of child fatality, child physical abuse, and criminal child neglect investigations between the county and city prosecutor’s offices, law enforcement, children’s protective services, local advocacy groups, emergency medical services, and any other local agency involved in the investigation of such cases. The protocol revision and expansion shall be developed by the prosecuting attorney in collaboration with the agencies referenced in this section. (2) Revised and expanded protocols under this section shall be adopted and in place by July 1, 2008. Thereafter, the protocols shall be reviewed every two years to determine whether modifications are needed. [2007 c 410 § 3.] 26.44.185 Short title—2007 c 410: See note following RCW 13.34.138. 26.44.190 Investigation of child abuse or neglect— Participation by law enforcement officer. A law enforcement agency shall not allow a law enforcement officer to participate as an investigator in the investigation of alleged abuse or neglect concerning a child for whom the law enforcement officer is, or has been, a parent, guardian, or foster parent. This section is not intended to limit the authority or duty of a law enforcement officer to report, testify, or be examined as authorized or required by this chapter, or to perform other official duties as a law enforcement officer. [1999 c 389 § 9.] 26.44.190 Findings—Intent—1999 c 389 § 9: "The legislature finds that the parent, guardian, or foster parent of a child who may be the victim of abuse or neglect may become involved in the investigation of the abuse or neglect. The parent, guardian, or foster parent may also be made a party to later court (2008 Ed.) 26.44.200 proceedings and be subject to a court-ordered examination by a physician, psychologist, or psychiatrist. It is the intent of the legislature by enacting section 9 of this act to avoid actual or perceived conflicts of interest that may occur when the parent, guardian, or foster parent is also a law enforcement officer and is assigned to conduct the investigation of alleged abuse or neglect concerning the child." [1999 c 389 § 8.] 26.44.195 Negligent treatment or maltreatment— Offer of services—Evidence of substance abuse—Inhome services—Initiation of dependency proceedings. (1) If the department, upon investigation of a report that a child has been abused or neglected as defined in this chapter, determines that the child has been subject to negligent treatment or maltreatment, the department may offer services to the child’s parents, guardians, or legal custodians to: (a) Ameliorate the conditions that endangered the welfare of the child; or (b) address or treat the effects of mistreatment or neglect upon the child. (2) When evaluating whether the child has been subject to negligent treatment or maltreatment, evidence of a parent’s substance abuse as a contributing factor to a parent’s failure to provide for a child’s basic health, welfare, or safety shall be given great weight. (3) If the child’s parents, guardians, or legal custodians are available and willing to participate on a voluntary basis in in-home services, and the department determines that inhome services on a voluntary basis are appropriate for the family, the department may offer such services. (4) In cases where the department has offered appropriate and reasonable services under subsection (1) of this section, and the parents, guardians, or legal custodians refuse to accept or fail to obtain available and appropriate treatment or services, or are unable or unwilling to participate in or successfully and substantially complete the treatment or services identified by the department, the department may initiate a dependency proceeding under chapter 13.34 RCW on the basis that the negligent treatment or maltreatment by the parent, guardian, or legal custodian constitutes neglect. When evaluating whether to initiate a dependency proceeding on this basis, the evidence of a parent’s substance abuse as a contributing factor to the negligent treatment or maltreatment shall be given great weight. (5) Nothing in this section precludes the department from filing a dependency petition as provided in chapter 13.34 RCW if it determines that such action is necessary to protect the child from abuse or neglect. (6) Nothing in this section shall be construed to create in any person an entitlement to services or financial assistance in paying for services or to create judicial authority to order the provision of services to any person or family if the services are unavailable or unsuitable or if the child or family is not eligible for such services. [2005 c 512 § 6.] 26.44.195 Finding—Intent—Effective date—Short title—2005 c 512: See notes following RCW 26.44.100. 26.44.200 Methamphetamine manufacture—Presence of child. A law enforcement agency in the course of investigating: (1) An allegation under *RCW 69.50.401(a) relating to manufacture of methamphetamine; or (2) an allegation under RCW 69.50.440 relating to possession of ephedrine or any of its salts or isomers or salts of isomers, pseudoephedrine or any of its salts or isomers or salts of isomers, 26.44.200 [Title 26 RCW—page 147] 26.44.210 Title 26 RCW: Domestic Relations pressurized ammonia gas, or pressurized ammonia gas solution with intent to manufacture methamphetamine, that discovers a child present at the site, shall contact the department immediately. [2002 c 134 § 4; 2001 c 52 § 3.] *Reviser’s note: RCW 69.50.401 was amended by 2003 c 53 § 331, changing subsection (a) to subsections (1) and (2)(a) through (e), effective July 1, 2004. Effective date—2002 c 134: See note following RCW 69.50.440. Finding—Construction—2001 c 52: See notes following RCW 13.34.350. 26.44.210 Alleged child abuse or neglect at state school for the deaf—Investigation by department—Investigation report. (1) The department must investigate referrals of alleged child abuse or neglect occurring at the state school for the deaf, including alleged incidents involving students abusing other students; determine whether there is a finding of abuse or neglect; and determine whether a referral to law enforcement is appropriate under this chapter. (2) The department must send a copy of the investigation report, including the finding, regarding any incidents of alleged child abuse or neglect at the state school for the deaf to the school’s superintendent. The department may include recommendations to the superintendent and the board of trustees or its successor board for increasing the safety of the school’s students. [2002 c 208 § 1.] 26.44.210 26.44.220 Abuse of adolescents—Staff training curriculum. (1) Within existing resources, the department shall develop a curriculum designed to train staff of the department’s children’s administration who assess or provide services to adolescents on how to screen and respond to referrals to child protective services when those referrals may involve victims of abuse or neglect between the ages of eleven and eighteen. At a minimum, the curriculum developed pursuant to this section shall include: (a) Review of relevant laws and regulations, including the requirement that the department investigate complaints if a parent’s or caretaker’s actions result in serious physical or emotional harm or present an imminent risk of serious harm to any person under eighteen; (b) Review of policies of the department’s children’s administration that require assessment and screening of abuse and neglect referrals on the basis of risk and not age; (c) Explanation of safety assessment and risk assessment models; (d) Case studies of situations in which the department has received reports of alleged abuse or neglect of older children and adolescents; (e) Discussion of best practices in screening and responding to referrals involving older children and adolescents; and (f) Discussion of how abuse and neglect referrals related to adolescents are investigated and when law enforcement must be notified. (2) As it develops its curriculum pursuant to this section, the department shall request that the office of the family and children’s ombudsman review and comment on its proposed training materials. The department shall consider the comments and recommendations of the office of the family and 26.44.220 [Title 26 RCW—page 148] children’s ombudsman as it develops the curriculum required by this section. (3) The department shall complete the curriculum materials required by this section no later than December 31, 2005. (4) Within existing resources, the department shall incorporate training on the curriculum developed pursuant to this section into existing training for child protective services workers who screen intake calls, children’s administration staff responsible for assessing or providing services to older children and adolescents, and all new employees of the children’s administration responsible for assessing or providing services to older children and adolescents. [2005 c 345 § 1.] 26.44.230 26.44.230 Abuse of adolescents—Reviews and reports. (1) The department shall review a sampling of the screening decisions by child protective services related to children between the ages of eleven and eighteen on a quarterly basis through June 30, 2007. The sampling shall consist of not less than the proportionate share of the two and onehalf percent of all screening decisions regularly reviewed by the department that are related to children between the ages of eleven and eighteen. The sampling shall be representative of the diversity of screening decisions related to children between the ages of eleven and eighteen. (2) The department shall use the results of the quarterly reviews required by this section to improve practice and to improve the curriculum required by RCW 26.44.220. The department shall also report to the governor and the appropriate committees of the legislature on the quarterly reviews required by this section on August 1, 2006, and August 1, 2007. [2005 c 345 § 2.] 26.44.240 26.44.240 Out-of-home care—Emergency placement—Criminal history record check. (1) During an emergency situation when a child must be placed in out-ofhome care due to the absence of appropriate parents or custodians, the department shall request a federal name-based criminal history record check of each adult residing in the home of the potential placement resource. Upon receipt of the results of the name-based check, the department shall provide a complete set of each adult resident’s fingerprints to the Washington state patrol for submission to the federal bureau of investigation within fourteen calendar days from the date the name search was conducted. The child shall be removed from the home immediately if any adult resident fails to provide fingerprints and written permission to perform a federal criminal history record check when requested. (2) When placement of a child in a home is denied as a result of a name-based criminal history record check of a resident, and the resident contests that denial, the resident shall, within fifteen calendar days, submit to the department a complete set of the resident’s fingerprints with written permission allowing the department to forward the fingerprints to the Washington state patrol for submission to the federal bureau of investigation. (3) The Washington state patrol and the federal bureau of investigation may each charge a reasonable fee for processing a fingerprint-based criminal history record check. (2008 Ed.) Domestic Violence Prevention (4) As used in this section, "emergency placement" refers to those limited instances when the department is placing a child in the home of private individuals, including neighbors, friends, or relatives, as a result of a sudden unavailability of the child’s primary caretaker. [2008 c 232 § 2.] Finding—2008 c 232: "The legislature finds that the safety of children in foster care depends upon receipt of comprehensive, accurate, and timely information about the background of prospective foster parents. It is vital to ensure that all relevant information about prospective foster parents is received and carefully reviewed. The legislature believes that some foster parents may have previously resided in other countries and that it is important to determine whether those countries have background information on the prospective foster parents that might impact the safety of children in their care." [2008 c 232 § 1.] 26.44.900 Severability—1975 1st ex.s. c 217. If any provision of this 1975 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected. [1975 1st ex.s. c 217 § 10.] 26.44.900 Chapter 26.50 Chapter 26.50 RCW DOMESTIC VIOLENCE PREVENTION Sections 26.50.010 26.50.020 26.50.021 26.50.025 26.50.030 26.50.035 26.50.040 26.50.050 26.50.055 26.50.060 26.50.070 26.50.080 26.50.085 26.50.090 26.50.095 26.50.100 26.50.110 26.50.115 26.50.120 26.50.123 26.50.125 26.50.130 26.50.135 26.50.140 26.50.150 26.50.160 26.50.165 26.50.200 26.50.210 26.50.220 26.50.900 26.50.901 26.50.902 26.50.903 (2008 Ed.) Definitions. Commencement of action—Jurisdiction—Venue. Actions on behalf of vulnerable adults—Authority of department of social and health services—Immunity from liability. Orders under this chapter and chapter 26.09, 26.10, or 26.26 RCW—Enforcement—Consolidation. Petition for an order for protection—Availability of forms and informational brochures—Bond not required. Development of instructions, informational brochures, forms, and handbook by the administrative office of the courts— Community resource list—Distribution of master copy. Fees not permitted—Filing, service of process, certified copies. Hearing—Service—Time. Appointment of interpreter. Relief—Duration—Realignment of designation of parties— Award of costs, service fees, and attorneys’ fees. Ex parte temporary order for protection. Issuance of order—Assistance of peace officer—Designation of appropriate law enforcement agency. Hearing reset after ex parte order—Service by publication— Circumstances. Order—Service—Fees. Order following service by publication. Order—Transmittal to law enforcement agency—Record in law enforcement information system—Enforceability. Violation of order—Penalties. Enforcement of ex parte order—Knowledge of order prerequisite to penalties—Reasonable efforts to serve copy of order. Violation of order—Prosecuting attorney or attorney for municipality may be requested to assist—Costs and attorney’s fee. Service by mail. Service by publication or mailing—Costs. Order—Service—Modification—Transmittal. Residential placement or custody of a child—Prerequisite. Peace officers—Immunity. Domestic violence perpetrator programs. Judicial information system—Database. Judicial information system—Names of adult cohabitants in third-party custody actions. Title to real estate—Effect. Proceedings additional. Parenting plan—Designation of parent for other state and federal purposes. Short title. Effective date—1984 c 263. Severability—1984 c 263. Severability—1992 c 111. 26.50.010 Abuse of children: Chapter 26.44 RCW. Arrest without warrant: RCW 10.31.100(2). Dissolution of marriage: Chapter 26.09 RCW. Domestic violence, official response: Chapter 10.99 RCW. Nonparental actions for child custody: Chapter 26.10 RCW. Shelters for victims of domestic violence: Chapter 70.123 RCW. 26.50.010 Definitions. As used in this chapter, the following terms shall have the meanings given them: (1) "Domestic violence" means: (a) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members; (b) sexual assault of one family or household member by another; or (c) stalking as defined in RCW 9A.46.110 of one family or household member by another family or household member. (2) "Family or household members" means spouses, domestic partners, former spouses, former domestic partners, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren. (3) "Dating relationship" means a social relationship of a romantic nature. Factors that the court may consider in making this determination include: (a) The length of time the relationship has existed; (b) the nature of the relationship; and (c) the frequency of interaction between the parties. (4) "Court" includes the superior, district, and municipal courts of the state of Washington. (5) "Judicial day" does not include Saturdays, Sundays, or legal holidays. (6) "Electronic monitoring" means a program in which a person’s presence at a particular location is monitored from a remote location by use of electronic equipment. (7) "Essential personal effects" means those items necessary for a person’s immediate health, welfare, and livelihood. "Essential personal effects" includes but is not limited to clothing, cribs, bedding, documents, medications, and personal hygiene items. [2008 c 6 § 406; 1999 c 184 § 13; 1995 c 246 § 1. Prior: 1992 c 111 § 7; 1992 c 86 § 3; 1991 c 301 § 8; 1984 c 263 § 2.] 26.50.010 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Short title—Severability—1999 c 184: See RCW 26.52.900 and 26.52.902. Severability—1995 c 246: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1995 c 246 § 40.] Findings—1992 c 111: See note following RCW 26.50.030. Finding—1991 c 301: See note following RCW 10.99.020. Domestic violence offenses defined: RCW 10.99.020. [Title 26 RCW—page 149] 26.50.020 Title 26 RCW: Domestic Relations 26.50.020 Commencement of action—Jurisdiction— Venue. (1) Any person may seek relief under this chapter by filing a petition with a court alleging that the person has been the victim of domestic violence committed by the respondent. The person may petition for relief on behalf of himself or herself and on behalf of minor family or household members. (2) A person under eighteen years of age who is sixteen years of age or older may seek relief under this chapter and is not required to seek relief by a guardian or next friend. (3) No guardian or guardian ad litem need be appointed on behalf of a respondent to an action under this chapter who is under eighteen years of age if such respondent is sixteen years of age or older. (4) The court may, if it deems necessary, appoint a guardian ad litem for a petitioner or respondent who is a party to an action under this chapter. (5) The courts defined in *RCW 26.50.010(3) have jurisdiction over proceedings under this chapter. The jurisdiction of district and municipal courts under this chapter shall be limited to enforcement of RCW 26.50.110(1), or the equivalent municipal ordinance, and the issuance and enforcement of temporary orders for protection provided for in RCW 26.50.070 if: (a) A superior court has exercised or is exercising jurisdiction over a proceeding under this title or chapter 13.34 RCW involving the parties; (b) the petition for relief under this chapter presents issues of residential schedule of and contact with children of the parties; or (c) the petition for relief under this chapter requests the court to exclude a party from the dwelling which the parties share. When the jurisdiction of a district or municipal court is limited to the issuance and enforcement of a temporary order, the district or municipal court shall set the full hearing provided for in RCW 26.50.050 in superior court and transfer the case. If the notice and order are not served on the respondent in time for the full hearing, the issuing court shall have concurrent jurisdiction with the superior court to extend the order for protection. (6) An action under this chapter shall be filed in the county or the municipality where the petitioner resides, unless the petitioner has left the residence or household to avoid abuse. In that case, the petitioner may bring an action in the county or municipality of the previous or the new household or residence. (7) A person’s right to petition for relief under this chapter is not affected by the person leaving the residence or household to avoid abuse. [1992 c 111 § 8; 1989 c 375 § 28; 1987 c 71 § 1; 1985 c 303 § 1; 1984 c 263 § 3.] 26.50.020 *Reviser’s note: RCW 26.50.010(3) was renumbered as RCW 26.50.010(4) by 1992 c 111 § 7. Findings—1992 c 111: See note following RCW 26.50.030. Severability—1989 c 375: See RCW 26.09.914. Effective date—1985 c 303 §§ 1, 2: "Sections 1 and 2 of this act shall take effect September 1, 1985." [1985 c 303 § 15.] 26.50.021 Actions on behalf of vulnerable adults— Authority of department of social and health services— Immunity from liability. The department of social and health services, in its discretion, may seek the relief provided in this chapter on behalf of and with the consent of any vulnerable adult as those persons are defined in RCW 74.34.020. Neither the department nor the state of Washington shall be 26.50.021 [Title 26 RCW—page 150] liable for failure to seek relief on behalf of any persons under this section. [2000 c 119 § 1.] Application—2000 c 119: "The penalties prescribed in this act apply to violations of court orders which occur on or after July 1, 2000, regardless of the date the court issued the order." [2000 c 119 § 31.] 26.50.025 Orders under this chapter and chapter 26.09, 26.10, or 26.26 RCW—Enforcement—Consolidation. (1) Any order available under this chapter may be issued in actions under chapter 26.09, 26.10, or 26.26 RCW. If an order for protection is issued in an action under chapter 26.09, 26.10, or 26.26 RCW, the order shall be issued on the forms mandated by RCW 26.50.035(1). An order issued in accordance with this subsection is fully enforceable and shall be enforced under the provisions of this chapter. (2) If a party files an action under chapter 26.09, 26.10, or 26.26 RCW, an order issued previously under this chapter between the same parties may be consolidated by the court under that action and cause number. Any order issued under this chapter after consolidation shall contain the original cause number and the cause number of the action under chapter 26.09, 26.10, or 26.26 RCW. Relief under this chapter shall not be denied or delayed on the grounds that the relief is available in another action. [1995 c 246 § 2.] 26.50.025 Severability—1995 c 246: See note following RCW 26.50.010. 26.50.030 Petition for an order for protection— Availability of forms and informational brochures— Bond not required. There shall exist an action known as a petition for an order for protection in cases of domestic violence. (1) A petition for relief shall allege the existence of domestic violence, and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances from which relief is sought. Petitioner and respondent shall disclose the existence of any other litigation concerning the custody or residential placement of a child of the parties as set forth in RCW 26.27.281 and the existence of any other restraining, protection, or no-contact orders between the parties. (2) A petition for relief may be made regardless of whether or not there is a pending lawsuit, complaint, petition, or other action between the parties except in cases where the court realigns petitioner and respondent in accordance with RCW 26.50.060(4). (3) Within ninety days of receipt of the master copy from the administrative office of the courts, all court clerk’s offices shall make available the standardized forms, instructions, and informational brochures required by RCW 26.50.035 and shall fill in and keep current specific program names and telephone numbers for community resources. Any assistance or information provided by clerks under this section does not constitute the practice of law and clerks are not responsible for incorrect information contained in a petition. (4) No filing fee may be charged for proceedings under this section. Forms and instructional brochures shall be provided free of charge. (5) A person is not required to post a bond to obtain relief in any proceeding under this section. [2005 c 282 § 39; 1996 c 248 § 12; 1995 c 246 § 3; 1992 c 111 § 2; 1985 c 303 § 2; 1984 c 263 § 4.] 26.50.030 (2008 Ed.) Domestic Violence Prevention Severability—1995 c 246: See note following RCW 26.50.010. Findings—1992 c 111: "The legislature finds that: Domestic violence is a problem of immense proportions affecting individuals as well as communities. Domestic violence has long been recognized as being at the core of other major social problems: Child abuse, other crimes of violence against person or property, juvenile delinquency, and alcohol and drug abuse. Domestic violence costs millions of dollars each year in the state of Washington for health care, absence from work, services to children, and more. The crisis is growing. While the existing protection order process can be a valuable tool to increase safety for victims and to hold batterers accountable, specific problems in its use have become evident. Victims have difficulty completing the paperwork required particularly if they have limited English proficiency; model forms have been modified to be inconsistent with statutory language; different forms create confusion for law enforcement agencies about the contents and enforceability of orders. Refinements are needed so that victims have the easy, quick, and effective access to the court system envisioned at the time the protection order process was first created. When courts issue mutual protection orders without the filing of separate written petitions, notice to each respondent, and hearing on each petition, the original petitioner is deprived of due process. Mutual protection orders label both parties as violent and treat both as being equally at fault: Batterers conclude that the violence is excusable or provoked and victims who are not violent are confused and stigmatized. Enforcement may be ineffective and mutual orders may be used in other proceedings as evidence that the victim is equally at fault. Valuable information about the reported incidents of domestic violence in the state of Washington is unobtainable without gathering data from all law enforcement agencies; without this information, it is difficult for policymakers, funders, and service providers to plan for the resources and services needed to address the issue. Domestic violence must be addressed more widely and more effectively in our state: Greater knowledge by professionals who deal frequently with domestic violence is essential to enforce existing laws, to intervene in domestic violence situations that do not come to the attention of the law enforcement or judicial systems, and to reduce and prevent domestic violence by intervening before the violence becomes severe. Adolescent dating violence is occurring at increasingly high rates: Preventing and confronting adolescent violence is important in preventing potential violence in future adult relationships." [1992 c 111 § 1.] Effective date—1985 c 303 §§ 1, 2: See note following RCW 26.50.020. Child abuse, temporary restraining order: RCW 26.44.063. Orders prohibiting contact: RCW 10.99.040. Temporary restraining order: RCW 26.09.060. 26.50.035 Development of instructions, informational brochures, forms, and handbook by the administrative office of the courts—Community resource list— Distribution of master copy. (1) The administrative office of the courts shall develop and prepare instructions and informational brochures required under RCW 26.50.030(4), standard petition and order for protection forms, and a court staff handbook on domestic violence and the protection order process. The standard petition and order for protection forms must be used after September 1, 1994, for all petitions filed and orders issued under this chapter. The instructions, brochures, forms, and handbook shall be prepared in consultation with interested persons, including a representative of the state domestic violence coalition, judges, and law enforcement personnel. (a) The instructions shall be designed to assist petitioners in completing the petition, and shall include a sample of standard petition and order for protection forms. (b) The informational brochure shall describe the use of and the process for obtaining, modifying, and terminating a domestic violence protection order as provided under this chapter, an antiharassment no-contact order as provided 26.50.035 (2008 Ed.) 26.50.035 under chapter 9A.46 RCW, a domestic violence no-contact order as provided under chapter 10.99 RCW, a restraining order as provided under chapters 26.09, 26.10, 26.26, and 26.44 RCW, an antiharassment protection order as provided by chapter 10.14 RCW, and a foreign protection order as defined in chapter 26.52 RCW. (c) The order for protection form shall include, in a conspicuous location, notice of criminal penalties resulting from violation of the order, and the following statement: "You can be arrested even if the person or persons who obtained the order invite or allow you to violate the order’s prohibitions. The respondent has the sole responsibility to avoid or refrain from violating the order’s provisions. Only the court can change the order upon written application." (d) The court staff handbook shall allow for the addition of a community resource list by the court clerk. (2) All court clerks shall obtain a community resource list from a domestic violence program, defined in RCW 70.123.020, serving the county in which the court is located. The community resource list shall include the names and telephone numbers of domestic violence programs serving the community in which the court is located, including law enforcement agencies, domestic violence agencies, sexual assault agencies, legal assistance programs, interpreters, multicultural programs, and batterers’ treatment programs. The court shall make the community resource list available as part of or in addition to the informational brochures described in subsection (1) of this section. (3) The administrative office of the courts shall distribute a master copy of the petition and order forms, instructions, and informational brochures to all court clerks and shall distribute a master copy of the petition and order forms to all superior, district, and municipal courts. (4) For purposes of this section, "court clerks" means court administrators in courts of limited jurisdiction and elected court clerks. (5) The administrative office of the courts shall determine the significant non-English-speaking or limited English-speaking populations in the state. The administrator shall then arrange for translation of the instructions and informational brochures required by this section, which shall contain a sample of the standard petition and order for protection forms, into the languages spoken by those significant nonEnglish-speaking populations and shall distribute a master copy of the translated instructions and informational brochures to all court clerks by January 1, 1997. (6) The administrative office of the courts shall update the instructions, brochures, standard petition and order for protection forms, and court staff handbook when changes in the law make an update necessary. [2005 c 282 § 40; 2000 c 119 § 14; 1995 c 246 § 4; 1993 c 350 § 2; 1985 c 303 § 3; 1984 c 263 § 31.] Application—2000 c 119: See note following RCW 26.50.021. Severability—1995 c 246: See note following RCW 26.50.010. Findings—1993 c 350: "The legislature finds that domestic violence is a problem of immense proportions affecting individuals as well as communities. Domestic violence has long been recognized as being at the core of other major social problems including child abuse, crimes of violence against person or property, juvenile delinquency, and alcohol and drug abuse. Domestic violence costs include the loss of lives as well as millions of dollars each year in the state of Washington for health care, absence from work, and services to children. The crisis is growing. [Title 26 RCW—page 151] 26.50.040 Title 26 RCW: Domestic Relations While the existing protection order process can be a valuable tool to increase safety for victims and to hold batterers accountable, specific problems in its use have become evident. Victims have difficulty completing the paperwork required; model forms have been modified to be inconsistent with statutory language; different forms create confusion for law enforcement agencies about the contents and enforceability of orders. Refinements are needed so that victims have the easy, quick, and effective access to the court system envisioned at the time the protection order process was first created. Valuable information about the reported incidents of domestic violence in the state of Washington is unobtainable without gathering data from all law enforcement agencies. Without this information, it is difficult for policymakers, funders, and service providers to plan for the resources and services needed to address the issue." [1993 c 350 § 1.] Severability—1993 c 350: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1993 c 350 § 9.] 26.50.040 Fees not permitted—Filing, service of process, certified copies. No fees for filing or service of process may be charged by a public agency to petitioners seeking relief under this chapter. Petitioners shall be provided the necessary number of certified copies at no cost. [1995 c 246 § 5; 1985 c 303 § 4; 1984 c 263 § 5.] 26.50.040 Severability—1995 c 246: See note following RCW 26.50.010. 26.50.050 Hearing—Service—Time. Upon receipt of the petition, the court shall order a hearing which shall be held not later than fourteen days from the date of the order. The court may schedule a hearing by telephone pursuant to local court rule, to reasonably accommodate a disability, or in exceptional circumstances to protect a petitioner from further acts of domestic violence. The court shall require assurances of the petitioner’s identity before conducting a telephonic hearing. Except as provided in RCW 26.50.085 and 26.50.123, personal service shall be made upon the respondent not less than five court days prior to the hearing. If timely personal service cannot be made, the court shall set a new hearing date and shall either require an additional attempt at obtaining personal service or permit service by publication as provided in RCW 26.50.085 or service by mail as provided in RCW 26.50.123. The court shall not require more than two attempts at obtaining personal service and shall permit service by publication or by mail unless the petitioner requests additional time to attempt personal service. If the court permits service by publication or by mail, the court shall set the hearing date not later than twenty-four days from the date of the order. The court may issue an ex parte order for protection pending the hearing as provided in RCW 26.50.070, 26.50.085, and 26.50.123. [2008 c 287 § 2; 1995 c 246 § 6; 1992 c 143 § 1; 1984 c 263 § 6.] 26.50.050 Short title—2008 c 287: "This act shall be known as the Rebecca Jane Griego act. Recent tragic events have demonstrated the need to find ways to make legal protections for domestic violence victims more accessible. On March 6, 2007, Rebecca Jane Griego, an employee at the University of Washington, had obtained a temporary protection order against the man who eventually shot her and then himself in a murder-suicide on April 2, 2007. However, because her stalker had evaded the police and service of process, Ms. Griego had to return to court numerous times and did not have the opportunity to have a hearing for a permanent protection order. Under current court rules, which vary by court, if a process server fails to serve process after an unspecified number of times, process may be served by publication or by mail. Establishing greater uniformity in the service of process of petitions for orders for protection or modifications of protection orders in domestic violence cases may help to protect the safety of future domestic violence victims." [2008 c 287 § 1.] [Title 26 RCW—page 152] Severability—1995 c 246: See note following RCW 26.50.010. 26.50.055 Appointment of interpreter. (1) Pursuant to chapter 2.42 RCW, an interpreter shall be appointed for any party who, because of a hearing or speech impairment, cannot readily understand or communicate in spoken language. (2) Pursuant to chapter 2.43 RCW, an interpreter shall be appointed for any party who cannot readily speak or understand the English language. (3) The interpreter shall translate or interpret for the party in preparing forms, participating in the hearing and court-ordered assessments, and translating any orders. [1995 c 246 § 11.] 26.50.055 Severability—1995 c 246: See note following RCW 26.50.010. 26.50.060 Relief—Duration—Realignment of designation of parties—Award of costs, service fees, and attorneys’ fees. (1) Upon notice and after hearing, the court may provide relief as follows: (a) Restrain the respondent from committing acts of domestic violence; (b) Exclude the respondent from the dwelling that the parties share, from the residence, workplace, or school of the petitioner, or from the day care or school of a child; (c) Prohibit the respondent from knowingly coming within, or knowingly remaining within, a specified distance from a specified location; (d) On the same basis as is provided in chapter 26.09 RCW, the court shall make residential provision with regard to minor children of the parties. However, parenting plans as specified in chapter 26.09 RCW shall not be required under this chapter; (e) Order the respondent to participate in a domestic violence perpetrator treatment program approved under RCW 26.50.150; (f) Order other relief as it deems necessary for the protection of the petitioner and other family or household members sought to be protected, including orders or directives to a peace officer, as allowed under this chapter; (g) Require the respondent to pay the administrative court costs and service fees, as established by the county or municipality incurring the expense and to reimburse the petitioner for costs incurred in bringing the action, including reasonable attorneys’ fees; (h) Restrain the respondent from having any contact with the victim of domestic violence or the victim’s children or members of the victim’s household; (i) Require the respondent to submit to electronic monitoring. The order shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The order also may include a requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the respondent to pay for electronic monitoring; (j) Consider the provisions of RCW 9.41.800; (k) Order possession and use of essential personal effects. The court shall list the essential personal effects with sufficient specificity to make it clear which property is included; and (l) Order use of a vehicle. 26.50.060 (2008 Ed.) Domestic Violence Prevention (2) If a protection order restrains the respondent from contacting the respondent’s minor children the restraint shall be for a fixed period not to exceed one year. This limitation is not applicable to orders for protection issued under chapter 26.09, 26.10, or 26.26 RCW. With regard to other relief, if the petitioner has petitioned for relief on his or her own behalf or on behalf of the petitioner’s family or household members or minor children, and the court finds that the respondent is likely to resume acts of domestic violence against the petitioner or the petitioner’s family or household members or minor children when the order expires, the court may either grant relief for a fixed period or enter a permanent order of protection. If the petitioner has petitioned for relief on behalf of the respondent’s minor children, the court shall advise the petitioner that if the petitioner wants to continue protection for a period beyond one year the petitioner may either petition for renewal pursuant to the provisions of this chapter or may seek relief pursuant to the provisions of chapter 26.09 or 26.26 RCW. (3) If the court grants an order for a fixed time period, the petitioner may apply for renewal of the order by filing a petition for renewal at any time within the three months before the order expires. The petition for renewal shall state the reasons why the petitioner seeks to renew the protection order. Upon receipt of the petition for renewal the court shall order a hearing which shall be not later than fourteen days from the date of the order. Except as provided in RCW 26.50.085, personal service shall be made on the respondent not less than five days before the hearing. If timely service cannot be made the court shall set a new hearing date and shall either require additional attempts at obtaining personal service or permit service by publication as provided in RCW 26.50.085 or by mail as provided in RCW 26.50.123. If the court permits service by publication or mail, the court shall set the new hearing date not later than twenty-four days from the date of the order. If the order expires because timely service cannot be made the court shall grant an ex parte order of protection as provided in RCW 26.50.070. The court shall grant the petition for renewal unless the respondent proves by a preponderance of the evidence that the respondent will not resume acts of domestic violence against the petitioner or the petitioner’s children or family or household members when the order expires. The court may renew the protection order for another fixed time period or may enter a permanent order as provided in this section. The court may award court costs, service fees, and reasonable attorneys’ fees as provided in *subsection (1)(f) of this section. (4) In providing relief under this chapter, the court may realign the designation of the parties as "petitioner" and "respondent" where the court finds that the original petitioner is the abuser and the original respondent is the victim of domestic violence and may issue an ex parte temporary order for protection in accordance with RCW 26.50.070 on behalf of the victim until the victim is able to prepare a petition for an order for protection in accordance with RCW 26.50.030. (5) Except as provided in subsection (4) of this section, no order for protection shall grant relief to any party except upon notice to the respondent and hearing pursuant to a petition or counter-petition filed and served by the party seeking relief in accordance with RCW 26.50.050. (2008 Ed.) 26.50.070 (6) The court order shall specify the date the order expires if any. The court order shall also state whether the court issued the protection order following personal service, service by publication, or service by mail and whether the court has approved service by publication or mail of an order issued under this section. (7) If the court declines to issue an order for protection or declines to renew an order for protection, the court shall state in writing on the order the particular reasons for the court’s denial. [2000 c 119 § 15; 1999 c 147 § 2; 1996 c 248 § 13; 1995 c 246 § 7; 1994 sp.s. c 7 § 457. Prior: 1992 c 143 § 2; 1992 c 111 § 4; 1992 c 86 § 4; 1989 c 411 § 1; 1987 c 460 § 55; 1985 c 303 § 5; 1984 c 263 § 7.] *Reviser’s note: Subsection (1)(f) of this section was renumbered as subsection (1)(g) by 2000 c 119 § 15. Application—2000 c 119: See note following RCW 26.50.021. Severability—1995 c 246: See note following RCW 26.50.010. Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540. Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439460: See note following RCW 9.41.010. Findings—1992 c 111: See note following RCW 26.50.030. Short title—Section captions—Effective date—Severability—1987 c 460: See RCW 26.09.910 through 26.09.913. 26.50.070 Ex parte temporary order for protection. (1) Where an application under this section alleges that irreparable injury could result from domestic violence if an order is not issued immediately without prior notice to the respondent, the court may grant an ex parte temporary order for protection, pending a full hearing, and grant relief as the court deems proper, including an order: (a) Restraining any party from committing acts of domestic violence; (b) Restraining any party from going onto the grounds of or entering the dwelling that the parties share, from the residence, workplace, or school of the other, or from the day care or school of a child until further order of the court; (c) Prohibiting any party from knowingly coming within, or knowingly remaining within, a specified distance from a specified location; (d) Restraining any party from interfering with the other’s custody of the minor children or from removing the children from the jurisdiction of the court; (e) Restraining any party from having any contact with the victim of domestic violence or the victim’s children or members of the victim’s household; and (f) Considering the provisions of RCW 9.41.800. (2) Irreparable injury under this section includes but is not limited to situations in which the respondent has recently threatened petitioner with bodily injury or has engaged in acts of domestic violence against the petitioner. (3) The court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day. (4) An ex parte temporary order for protection shall be effective for a fixed period not to exceed fourteen days or twenty-four days if the court has permitted service by publication under RCW 26.50.085 or by mail under RCW 26.50.123. The ex parte order may be reissued. A full hearing, as provided in this chapter, shall be set for not later than 26.50.070 [Title 26 RCW—page 153] 26.50.080 Title 26 RCW: Domestic Relations fourteen days from the issuance of the temporary order or not later than twenty-four days if service by publication or by mail is permitted. Except as provided in RCW 26.50.050, 26.50.085, and 26.50.123, the respondent shall be personally served with a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing. (5) Any order issued under this section shall contain the date and time of issuance and the expiration date and shall be entered into a statewide judicial information system by the clerk of the court within one judicial day after issuance. (6) If the court declines to issue an ex parte temporary order for protection the court shall state the particular reasons for the court’s denial. The court’s denial of a motion for an ex parte order of protection shall be filed with the court. [2000 c 119 § 16; 1996 c 248 § 14; 1995 c 246 § 8; 1994 sp.s. c 7 § 458; 1992 c 143 § 3; 1989 c 411 § 2; 1984 c 263 § 8.] Application—2000 c 119: See note following RCW 26.50.021. Severability—1995 c 246: See note following RCW 26.50.010. Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540. Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439460: See note following RCW 9.41.010. Child abuse, temporary restraining order: RCW 26.44.063. Orders prohibiting contact: RCW 10.99.040. Temporary restraining order: RCW 26.09.060. 26.50.080 Issuance of order—Assistance of peace officer—Designation of appropriate law enforcement agency. (1) When an order is issued under this chapter upon request of the petitioner, the court may order a peace officer to accompany the petitioner and assist in placing the petitioner in possession of those items indicated in the order or to otherwise assist in the execution of the order of protection. The order shall list all items that are to be included with sufficient specificity to make it clear which property is included. Orders issued under this chapter shall include a designation of the appropriate law enforcement agency to execute, serve, or enforce the order. (2) Upon order of a court, a peace officer shall accompany the petitioner in an order of protection and assist in placing the petitioner in possession of all items listed in the order and to otherwise assist in the execution of the order. [1995 c 246 § 9; 1984 c 263 § 9.] 26.50.080 Severability—1995 c 246: See note following RCW 26.50.010. 26.50.085 Hearing reset after ex parte order—Service by publication—Circumstances. (1) If the respondent was not personally served with the petition, notice of hearing, and ex parte order before the hearing, the court shall reset the hearing for twenty-four days from the date of entry of the order and may order service by publication instead of personal service under the following circumstances: (a) The sheriff or municipal officer files an affidavit stating that the officer was unable to complete personal service upon the respondent. The affidavit must describe the number and types of attempts the officer made to complete service; (b) The petitioner files an affidavit stating that the petitioner believes that the respondent is hiding from the server to avoid service. The petitioner’s affidavit must state the rea26.50.085 [Title 26 RCW—page 154] sons for the belief that the petitioner [respondent] is avoiding service; (c) The server has deposited a copy of the summons, in substantially the form prescribed in subsection (3) of this section, notice of hearing, and the ex parte order of protection in the post office, directed to the respondent at the respondent’s last known address, unless the server states that the server does not know the respondent’s address; and (d) The court finds reasonable grounds exist to believe that the respondent is concealing himself or herself to avoid service, and that further attempts to personally serve the respondent would be futile or unduly burdensome. (2) The court shall reissue the temporary order of protection not to exceed another twenty-four days from the date of reissuing the ex parte protection order and order to provide service by publication. (3) The publication shall be made in a newspaper of general circulation in the county where the petition was brought and in the county of the last known address of the respondent once a week for three consecutive weeks. The newspaper selected must be one of the three most widely circulated papers in the county. The publication of summons shall not be made until the court orders service by publication under this section. Service of the summons shall be considered complete when the publication has been made for three consecutive weeks. The summons must be signed by the petitioner. The summons shall contain the date of the first publication, and shall require the respondent upon whom service by publication is desired, to appear and answer the petition on the date set for the hearing. The summons shall also contain a brief statement of the reason for the petition and a summary of the provisions under the ex parte order. The summons shall be essentially in the following form: In the . . . . . . . . . court of the state of Washington for the county of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., Petitioner vs. No. . . . . . . . . . . . . . . . . . . . . . . . . . . ., Respondent The state of Washington to . . . . . . . . . . . (respondent): You are hereby summoned to appear on the . . . . day of . . . . . ., 19 . . ., at . . . . a.m./p.m., and respond to the petition. If you fail to respond, an order of protection will be issued against you pursuant to the provisions of the domestic violence protection act, chapter 26.50 RCW, for a minimum of one year from the date you are required to appear. A temporary order of protection has been issued against you, restraining you from the following: (Insert a brief statement of the provisions of the ex parte order). A copy of the petition, notice of hearing, and ex parte order has been filed with the clerk of this court. ..................... Petitioner . . . . . . . . . . . . . [1992 c 143 § 4.] 26.50.090 Order—Service—Fees. (1) An order issued under this chapter shall be personally served upon the respon26.50.090 (2008 Ed.) Domestic Violence Prevention dent, except as provided in subsections (6) and (8) of this section. (2) The sheriff of the county or the peace officers of the municipality in which the respondent resides shall serve the respondent personally unless the petitioner elects to have the respondent served by a private party. (3) If service by a sheriff or municipal peace officer is to be used, the clerk of the court shall have a copy of any order issued under this chapter forwarded on or before the next judicial day to the appropriate law enforcement agency specified in the order for service upon the respondent. Service of an order issued under this chapter shall take precedence over the service of other documents unless they are of a similar emergency nature. (4) If the sheriff or municipal peace officer cannot complete service upon the respondent within ten days, the sheriff or municipal peace officer shall notify the petitioner. The petitioner shall provide information sufficient to permit notification. (5) Returns of service under this chapter shall be made in accordance with the applicable court rules. (6) If an order entered by the court recites that the respondent appeared in person before the court, the necessity for further service is waived and proof of service of that order is not necessary. (7) Municipal police departments serving documents as required under this chapter may collect from respondents ordered to pay fees under RCW 26.50.060 the same fees for service and mileage authorized by RCW 36.18.040 to be collected by sheriffs. (8) If the court previously entered an order allowing service of the notice of hearing and temporary order of protection by publication pursuant to RCW 26.50.085 or by mail pursuant to RCW 26.50.123, the court may permit service by publication or by mail of the order of protection issued under RCW 26.50.060. Service by publication must comply with the requirements of RCW 26.50.085 and service by mail must comply with the requirements of RCW 26.50.123. The court order must state whether the court permitted service by publication or by mail. [1995 c 246 § 10; 1992 c 143 § 6; 1985 c 303 § 6; 1984 c 263 § 10.] Severability—1995 c 246: See note following RCW 26.50.010. 26.50.095 Order following service by publication. Following completion of service by publication as provided in RCW 26.50.085 or by mail as provided in RCW 26.50.123, if the respondent fails to appear at the hearing, the court may issue an order of protection as provided in RCW 26.50.060. That order must be served pursuant to RCW 26.50.090, and forwarded to the appropriate law enforcement agency pursuant to RCW 26.50.100. [1995 c 246 § 12; 1992 c 143 § 5.] 26.50.095 Severability—1995 c 246: See note following RCW 26.50.010. 26.50.100 Order—Transmittal to law enforcement agency—Record in law enforcement information system—Enforceability. (1) A copy of an order for protection granted under this chapter shall be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. 26.50.100 (2008 Ed.) 26.50.110 Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order shall remain in the computer for the period stated in the order. The law enforcement agency shall only expunge from the computer-based criminal intelligence information system orders that are expired, vacated, or superseded. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state. (2) The information entered into the computer-based criminal intelligence information system shall include notice to law enforcement whether the order was personally served, served by publication, or served by mail. [1996 c 248 § 15; 1995 c 246 § 13; 1992 c 143 § 7; 1984 c 263 § 11.] Severability—1995 c 246: See note following RCW 26.50.010. 26.50.110 Violation of order—Penalties. (1)(a) Whenever an order is granted under this chapter, chapter 7.90, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or there is a valid foreign protection order as defined in RCW 26.52.020, and the respondent or person to be restrained knows of the order, a violation of any of the following provisions of the order is a gross misdemeanor, except as provided in subsections (4) and (5) of this section: (i) The restraint provisions prohibiting acts or threats of violence against, or stalking of, a protected party, or restraint provisions prohibiting contact with a protected party; (ii) A provision excluding the person from a residence, workplace, school, or day care; (iii) A provision prohibiting a person from knowingly coming within, or knowingly remaining within, a specified distance of a location; or (iv) A provision of a foreign protection order specifically indicating that a violation will be a crime. (b) Upon conviction, and in addition to any other penalties provided by law, the court may require that the respondent submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services, and the terms under which the monitoring shall be performed. The order also may include a requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring. (2) A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order issued under this chapter, chapter 7.90, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020, that restrains the person or excludes the person from a residence, workplace, school, or day care, or prohibits the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, if the person restrained knows of the order. Presence of the order in the law enforcement computer-based criminal intelligence information system is not the only means of establishing knowledge of the order. (3) A violation of an order issued under this chapter, chapter 7.90, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of 26.50.110 [Title 26 RCW—page 155] 26.50.115 Title 26 RCW: Domestic Relations a valid foreign protection order as defined in RCW 26.52.020, shall also constitute contempt of court, and is subject to the penalties prescribed by law. (4) Any assault that is a violation of an order issued under this chapter, chapter 7.90, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign protection order as defined in RCW 26.52.020, and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and any conduct in violation of such an order that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony. (5) A violation of a court order issued under this chapter, chapter 7.90, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign protection order as defined in RCW 26.52.020, is a class C felony if the offender has at least two previous convictions for violating the provisions of an order issued under this chapter, chapter 7.90, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020. The previous convictions may involve the same victim or other victims specifically protected by the orders the offender violated. (6) Upon the filing of an affidavit by the petitioner or any peace officer alleging that the respondent has violated an order granted under this chapter, chapter 7.90, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020, the court may issue an order to the respondent, requiring the respondent to appear and show cause within fourteen days why the respondent should not be found in contempt of court and punished accordingly. The hearing may be held in the court of any county or municipality in which the petitioner or respondent temporarily or permanently resides at the time of the alleged violation. [2007 c 173 § 2; 2006 c 138 § 25; 2000 c 119 § 24; 1996 c 248 § 16; 1995 c 246 § 14; 1992 c 86 § 5; 1991 c 301 § 6; 1984 c 263 § 12.] Finding—Intent—2007 c 173: "The legislature finds this act necessary to restore and make clear its intent that a willful violation of a no-contact provision of a court order is a criminal offense and shall be enforced accordingly to preserve the integrity and intent of the domestic violence act. This act is not intended to broaden the scope of law enforcement power or effectuate any substantive change to any criminal provision in the Revised Code of Washington." [2007 c 173 § 1.] Short title—2006 c 138: See RCW 7.90.900. Application—2000 c 119: See note following RCW 26.50.021. Severability—1995 c 246: See note following RCW 26.50.010. Finding—1991 c 301: See note following RCW 10.99.020. Violation of order protecting vulnerable adult: RCW 74.34.145. 26.50.115 Enforcement of ex parte order—Knowledge of order prerequisite to penalties—Reasonable efforts to serve copy of order. (1) When the court issues an ex parte order pursuant to RCW 26.50.070 or an order of protection pursuant to RCW 26.50.060, the court shall advise the petitioner that the respondent may not be subjected to the penalties set forth in RCW 26.50.110 for a violation of the order unless the respondent knows of the order. (2) When a peace officer investigates a report of an alleged violation of an order for protection issued under this chapter the officer shall attempt to determine whether the respondent knew of the existence of the protection order. If 26.50.115 [Title 26 RCW—page 156] the law enforcement officer determines that the respondent did not or probably did not know about the protection order and the officer is provided a current copy of the order, the officer shall serve the order on the respondent if the respondent is present. If the respondent is not present, the officer shall make reasonable efforts to serve a copy of the order on the respondent. If the officer serves the respondent with the petitioner’s copy of the order, the officer shall give petitioner a receipt indicating that petitioner’s copy has been served on the respondent. After the officer has served the order on the respondent, the officer shall enforce prospective compliance with the order. (3) Presentation of an unexpired, certified copy of a protection order with proof of service is sufficient for a law enforcement officer to enforce the order regardless of the presence of the order in the law enforcement computer-based criminal intelligence information system. [1996 c 248 § 17; 1995 c 246 § 15; 1992 c 143 § 8.] Severability—1995 c 246: See note following RCW 26.50.010. 26.50.120 Violation of order—Prosecuting attorney or attorney for municipality may be requested to assist— Costs and attorney’s fee. When a party alleging a violation of an order for protection issued under this chapter states that the party is unable to afford private counsel and asks the prosecuting attorney for the county or the attorney for the municipality in which the order was issued for assistance, the attorney shall initiate and prosecute a contempt proceeding if there is probable cause to believe that the violation occurred. In this action, the court may require the violator of the order to pay the costs incurred in bringing the action, including a reasonable attorney’s fee. [1984 c 263 § 13.] 26.50.120 26.50.123 Service by mail. (1) In circumstances justifying service by publication under RCW 26.50.085(1), if the serving party files an affidavit stating facts from which the court determines that service by mail is just as likely to give actual notice as service by publication and that the serving party is unable to afford the cost of service by publication, the court may order that service be made by mail. Such service shall be made by any person over eighteen years of age, who is competent to be a witness, other than a party, by mailing copies of the order and other process to the party to be served at his or her last known address or any other address determined by the court to be appropriate. Two copies shall be mailed, postage prepaid, one by ordinary first-class mail and the other by a form of mail requiring a signed receipt showing when and to whom it was delivered. The envelopes must bear the return address of the sender. (2) Proof of service under this section shall be consistent with court rules for civil proceedings. (3) Service under this section may be used in the same manner and shall have the same jurisdictional effect as service by publication for purposes of this chapter. Service shall be deemed complete upon the mailing of two copies as prescribed in this section. [1995 c 246 § 16.] 26.50.123 Severability—1995 c 246: See note following RCW 26.50.010. 26.50.125 Service by publication or mailing—Costs. Except as provided in RCW 10.14.055, the court may permit 26.50.125 (2008 Ed.) Domestic Violence Prevention service by publication or by mail under this chapter only if the petitioner pays the cost of publication or mailing unless the county legislative authority allocates funds for service of process by publication or by mail for indigent petitioners. [2002 c 117 § 5; 1995 c 246 § 17; 1992 c 143 § 9.] Severability—1995 c 246: See note following RCW 26.50.010. 26.50.130 Order—Service—Modification—Transmittal. (1) Upon application with notice to all parties and after a hearing, the court may modify the terms of an existing order for protection. (2) Except as provided in RCW 26.50.085 and 26.50.123, personal service shall be made upon the nonmoving party not less than five court days prior to the hearing to modify. (a) If timely personal service cannot be made, the court shall set a new hearing date and shall either require an additional attempt at obtaining personal service or permit service by publication as provided in RCW 26.50.085 or service by mail as provided in RCW 26.50.123. (b) The court shall not require more than two attempts at obtaining personal service and shall permit service by publication or by mail unless the moving party requests additional time to attempt personal service. (c) If the court permits service by publication or by mail, the court shall set the hearing date not later than twenty-four days from the date of the order permitting service by publication or by mail. (3) In any situation where an order is terminated or modified before its expiration date, the clerk of the court shall forward on or before the next judicial day a true copy of the modified order or the termination order to the appropriate law enforcement agency specified in the modified or termination order. Upon receipt of the order, the law enforcement agency shall promptly enter it in the law enforcement information system. [2008 c 287 § 3; 1984 c 263 § 14.] 26.50.130 Short title—2008 c 287: See note following RCW 26.50.050. 26.50.135 Residential placement or custody of a child—Prerequisite. (1) Before granting an order under this chapter directing residential placement of a child or restraining or limiting a party’s contact with a child, the court shall consult the judicial information system, if available, to determine the pendency of other proceedings involving the residential placement of any child of the parties for whom residential placement has been requested. (2) Jurisdictional issues regarding out-of-state proceedings involving the custody or residential placement of any child of the parties shall be governed by the uniform child custody jurisdiction act, chapter 26.27 RCW. [1995 c 246 § 19.] 26.50.135 Severability—1995 c 246: See note following RCW 26.50.010. 26.50.140 Peace officers—Immunity. No peace officer may be held criminally or civilly liable for making an arrest under RCW 26.50.110 if the police officer acts in good faith and without malice. [1984 c 263 § 17.] 26.50.140 26.50.150 Domestic violence perpetrator programs. The department of social and health services shall adopt rules 26.50.150 (2008 Ed.) 26.50.150 for standards of approval of domestic violence perpetrator programs that accept perpetrators of domestic violence into treatment to satisfy court orders or that represent the programs as ones that treat domestic violence perpetrators. The treatment must meet the following minimum qualifications: (1) All treatment must be based upon a full, complete clinical intake including: Current and past violence history; a lethality risk assessment; a complete diagnostic evaluation; a substance abuse assessment; criminal history; assessment of cultural issues, learning disabilities, literacy, and special language needs; and a treatment plan that adequately and appropriately addresses the treatment needs of the individual. (2) To facilitate communication necessary for periodic safety checks and case monitoring, the program must require the perpetrator to sign the following releases: (a) A release for the program to inform the victim and victim’s community and legal advocates that the perpetrator is in treatment with the program, and to provide information, for safety purposes, to the victim and victim’s community and legal advocates; (b) A release to prior and current treatment agencies to provide information on the perpetrator to the program; and (c) A release for the program to provide information on the perpetrator to relevant legal entities including: Lawyers, courts, parole, probation, child protective services, and child welfare services. (3) Treatment must be for a minimum treatment period defined by the secretary of the department by rule. The weekly treatment sessions must be in a group unless there is a documented, clinical reason for another modality. Any other therapies, such as individual, marital, or family therapy, substance abuse evaluations or therapy, medication reviews, or psychiatric interviews, may be concomitant with the weekly group treatment sessions described in this section but not a substitute for it. (4) The treatment must focus primarily on ending the violence, holding the perpetrator accountable for his or her violence, and changing his or her behavior. The treatment must be based on nonvictim-blaming strategies and philosophies and shall include education about the individual, family, and cultural dynamics of domestic violence. If the perpetrator or the victim has a minor child, treatment must specifically include education regarding the effects of domestic violence on children, such as the emotional impacts of domestic violence on children and the long-term consequences that exposure to incidents of domestic violence may have on children. (5) Satisfactory completion of treatment must be contingent upon the perpetrator meeting specific criteria, defined by rule by the secretary of the department, and not just upon the end of a certain period of time or a certain number of sessions. (6) The program must have policies and procedures for dealing with reoffenses and noncompliance. (7) All evaluation and treatment services must be provided by, or under the supervision of, qualified personnel. (8) The secretary of the department may adopt rules and establish fees as necessary to implement this section. [1999 c 147 § 1; 1991 c 301 § 7.] Finding—1991 c 301: See note following RCW 10.99.020. [Title 26 RCW—page 157] 26.50.160 Title 26 RCW: Domestic Relations 26.50.160 Judicial information system—Database. To prevent the issuance of competing protection orders in different courts and to give courts needed information for issuance of orders, the judicial information system shall be available in each district, municipal, and superior court by July 1, 1997, and shall include a database containing the following information: (1) The names of the parties and the cause number for every order of protection issued under this title, every sexual assault protection order issued under chapter 7.90 RCW, every criminal no-contact order issued under chapters 9A.46 and 10.99 RCW, every antiharassment order issued under chapter 10.14 RCW, every dissolution action under chapter 26.09 RCW, every third-party custody action under chapter 26.10 RCW, every parentage action under chapter 26.26 RCW, every restraining order issued on behalf of an abused child or adult dependent person under chapter 26.44 RCW, every foreign protection order filed under chapter 26.52 RCW, and every order for protection of a vulnerable adult under chapter 74.34 RCW. When a guardian or the department of social and health services has petitioned for relief on behalf of an abused child, adult dependent person, or vulnerable adult, the name of the person on whose behalf relief was sought shall be included in the database as a party rather than the guardian or department; (2) A criminal history of the parties; and (3) Other relevant information necessary to assist courts in issuing orders under this chapter as determined by the judicial information system committee. [2006 c 138 § 26. Prior: 2000 c 119 § 25; 2000 c 51 § 1; 1995 c 246 § 18.] 26.50.160 such a designation, the parent with whom the child is scheduled to reside the majority of the time shall be deemed to be the custodian of the child for the purposes of such federal and state statutes. [1989 c 375 § 26.] Severability—1989 c 375: See RCW 26.09.914. 26.50.900 Short title. This chapter may be cited as the "Domestic Violence Prevention Act". [1984 c 263 § 1.] 26.50.900 26.50.901 Effective date—1984 c 263. Sections 1 through 29 of this act shall take effect on September 1, 1984. [1984 c 263 § 32.] 26.50.901 26.50.902 Severability—1984 c 263. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1984 c 263 § 33.] 26.50.902 26.50.903 Severability—1992 c 111. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1992 c 111 § 14.] 26.50.903 Chapter 26.52 RCW FOREIGN PROTECTION ORDER FULL FAITH AND CREDIT ACT Chapter 26.52 Short title—2006 c 138: See RCW 7.90.900. Sections Application—2000 c 119: See note following RCW 26.50.021. 26.52.005 26.52.010 26.52.020 26.52.030 26.52.040 Severability—1995 c 246: See note following RCW 26.50.010. 26.50.165 Judicial information system—Names of adult cohabitants in third-party custody actions. In addition to the information required to be included in the judicial information system under RCW 26.50.160, the database shall contain the names of any adult cohabitant of a petitioner to a third-party custody action under chapter 26.10 RCW. [2003 c 105 § 4.] 26.50.165 26.50.200 Title to real estate—Effect. Nothing in this chapter may affect the title to real estate: PROVIDED, That a judgment for costs or fees awarded under this chapter shall constitute a lien on real estate to the extent provided in chapter 4.56 RCW. [1985 c 303 § 7; 1984 c 263 § 15.] 26.52.050 26.52.060 26.52.070 26.52.080 26.52.900 26.52.901 26.52.902 Findings—Intent. Definitions. Foreign protection orders—Validity. Foreign protection orders—Filing—Assistance. Filed foreign protection orders—Transmittal to law enforcement agency—Entry into law enforcement information system. Peace officer immunity. Fees not permitted for filing, preparation, or copies. Violation of foreign orders—Penalties. Child custody disputes. Short title—1999 c 184. Captions not law—1999 c 184. Severability—1999 c 184. 26.50.200 26.50.210 Proceedings additional. Any proceeding under chapter 263, Laws of 1984 is in addition to other civil or criminal remedies. [1984 c 263 § 16.] 26.50.210 26.50.220 Parenting plan—Designation of parent for other state and federal purposes. Solely for the purposes of all other state and federal statutes which require a designation or determination of custody, a parenting plan shall designate the parent with whom the child is scheduled to reside a majority of the time as the custodian of the child. However, this designation shall not affect either parent’s rights and responsibilities under the parenting plan. In the absence of 26.50.220 [Title 26 RCW—page 158] 26.52.005 Findings—Intent. The problem of women fleeing across state lines to escape their abusers is epidemic in the United States. In 1994, Congress enacted the violence against women act (VAWA) as Title IV of the violent crime control and law enforcement act (P.L. 103-322). The VAWA provides for improved prevention and prosecution of violent crimes against women and children. Section 2265 of the VAWA (Title IV, P.L. 103-322) provides for nation-wide enforcement of civil and criminal protection orders in state and tribal courts throughout the country. The legislature finds that existing statutes may not provide an adequate mechanism for victims, police, prosecutors, and courts to enforce a foreign protection order in our state. It is the intent of the legislature that the barriers faced by persons entitled to protection under a foreign protection order will be removed and that violations of foreign protection orders be criminally prosecuted in this state. [1999 c 184 § 2.] 26.52.005 (2008 Ed.) Foreign Protection Order Full Faith and Credit Act 26.52.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Domestic or family violence" includes, but is not limited to, conduct when committed by one family member against another that is classified in the jurisdiction where the conduct occurred as a domestic violence crime or a crime committed in another jurisdiction that under the laws of this state would be classified as domestic violence under RCW 10.99.020. (2) "Family or household members" means spouses, former spouses, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren. (3) "Foreign protection order" means an injunction or other order related to domestic or family violence, harassment, sexual abuse, or stalking, for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to another person issued by a court of another state, territory, or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, or any United States military tribunal, or a tribal court, in a civil or criminal action. (4) "Harassment" includes, but is not limited to, conduct that is classified in the jurisdiction where the conduct occurred as harassment or a crime committed in another jurisdiction that under the laws of this state would be classified as harassment under RCW 9A.46.040. (5) "Judicial day" does not include Saturdays, Sundays, or legal holidays in Washington state. (6) "Person entitled to protection" means a person, regardless of whether the person was the moving party in the foreign jurisdiction, who is benefited by the foreign protection order. (7) "Person under restraint" means a person, regardless of whether the person was the responding party in the foreign jurisdiction, whose ability to contact or communicate with another person, or to be physically close to another person, is restricted by the foreign protection order. (8) "Sexual abuse" includes, but is not limited to, conduct that is classified in the jurisdiction where the conduct occurred as a sex offense or a crime committed in another jurisdiction that under the laws of this state would be classified as a sex offense under RCW 9.94A.030. (9) "Stalking" includes, but is not limited to, conduct that is classified in the jurisdiction where the conduct occurred as stalking or a crime committed in another jurisdiction that under the laws of this state would be classified as stalking under RCW 9A.46.110. (10) "Washington court" includes the superior, district, and municipal courts of the state of Washington. [1999 c 184 § 3.] 26.52.010 (2008 Ed.) 26.52.030 26.52.020 Foreign protection orders—Validity. A foreign protection order is valid if the issuing court had jurisdiction over the parties and matter under the law of the state, territory, possession, tribe, or United States military tribunal. There is a presumption in favor of validity where an order appears authentic on its face. A person under restraint must be given reasonable notice and the opportunity to be heard before the order of the foreign state, territory, possession, tribe, or United States military tribunal was issued, provided, in the case of ex parte orders, notice and opportunity to be heard was given as soon as possible after the order was issued, consistent with due process. [1999 c 184 § 4.] 26.52.020 26.52.030 Foreign protection orders—Filing—Assistance. (1) A person entitled to protection who has a valid foreign protection order may file that order by presenting a certified, authenticated, or exemplified copy of the foreign protection order to a clerk of the court of a Washington court in which the person entitled to protection resides or to a clerk of the court of a Washington court where the person entitled to protection believes enforcement may be necessary. Any outof-state department, agency, or court responsible for maintaining protection order records, may by facsimile or electronic transmission send a reproduction of the foreign protection order to the clerk of the court of Washington as long as it contains a facsimile or digital signature by any person authorized to make such transmission. (2) Filing of a foreign protection order with a court and entry of the foreign protection order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants are not prerequisites for enforcement of the foreign protection order. (3) The court shall accept the filing of a foreign protection order without a fee or cost. (4) The clerk of the court shall provide information to a person entitled to protection of the availability of domestic violence, sexual abuse, and other services to victims in the community where the court is located and in the state. (5) The clerk of the court shall assist the person entitled to protection in completing an information form that must include, but need not be limited to, the following: (a) The name of the person entitled to protection and any other protected parties; (b) The name and address of the person who is subject to the restraint provisions of the foreign protection order; (c) The date the foreign protection order was entered; (d) The date the foreign protection order expires; (e) The relief granted under . . . . . . . . . . (specify the relief awarded and citations thereto, and designate which of the violations are arrestable offenses); (f) The judicial district and contact information for court administration for the court in which the foreign protection order was entered; (g) The social security number, date of birth, and description of the person subject to the restraint provisions of the foreign protection order; (h) Whether the person who is subject to the restraint provisions of the foreign protection order is believed to be armed and dangerous; 26.52.030 [Title 26 RCW—page 159] 26.52.040 Title 26 RCW: Domestic Relations (i) Whether the person who is subject to the restraint provisions of the foreign protection order was served with the order, and if so, the method used to serve the order; (j) The type and location of any other legal proceedings between the person who is subject to the restraint provisions and the person entitled to protection. An inability to answer any of the above questions does not preclude the filing or enforcement of a foreign protection order. (6) The clerk of the court shall provide the person entitled to protection with a copy bearing proof of filing with the court. (7) Any assistance provided by the clerk under this section does not constitute the practice of law. The clerk is not liable for any incomplete or incorrect information that he or she is provided. [1999 c 184 § 5.] 26.52.040 Filed foreign protection orders—Transmittal to law enforcement agency—Entry into law enforcement information system. (1) The clerk of the court shall forward a copy of a foreign protection order that is filed under this chapter on or before the next judicial day to the county sheriff along with the completed information form. The clerk may forward the foreign protection order to the county sheriff by facsimile or electronic transmission. Upon receipt of a filed foreign protection order, the county sheriff shall immediately enter the foreign protection order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The foreign protection order must remain in the computer for the period stated in the order. The county sheriff shall only expunge from the computer-based criminal intelligence information system foreign protection orders that are expired, vacated, or superseded. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the foreign protection order. The foreign protection order is fully enforceable in any county in the state. (2) The information entered into the computer-based criminal intelligence information system must include, if available, notice to law enforcement whether the foreign protection order was served and the method of service. [1999 c 184 § 6.] 26.52.040 26.52.050 Peace officer immunity. A peace officer or a peace officer’s legal advisor may not be held criminally or civilly liable for making an arrest under this chapter if the peace officer or the peace officer’s legal advisor acted in good faith and without malice. [1999 c 184 § 7.] 26.52.050 26.52.070 Violation of foreign orders—Penalties. (1) Whenever a foreign protection order is granted to a person entitled to protection and the person under restraint knows of the foreign protection order, a violation of a provision prohibiting the person under restraint from contacting or communicating with another person, or of a provision excluding the person under restraint from a residence, workplace, school, or day care, or of a provision prohibiting a person from knowingly coming within, or knowingly remaining within, a specified distance of a location, or a violation of any provision for which the foreign protection order specifically indicates that a violation will be a crime, is punishable under RCW 26.50.110. (2) A peace officer shall arrest without a warrant and take into custody a person when the peace officer has probable cause to believe that a foreign protection order has been issued of which the person under restraint has knowledge and the person under restraint has violated a provision of the foreign protection order that prohibits the person under restraint from contacting or communicating with another person, or a provision that excludes the person under restraint from a residence, workplace, school, or day care, or of a provision prohibiting a person from knowingly coming within, or knowingly remaining within, a specified distance of a location, or a violation of any provision for which the foreign protection order specifically indicates that a violation will be a crime. Presence of the order in the law enforcement computer-based criminal intelligence information system is not the only means of establishing knowledge of the order. [2000 c 119 § 26; 1999 c 184 § 9.] 26.52.070 Application—2000 c 119: See note following RCW 26.50.021. 26.52.080 Child custody disputes. (1) Any disputes regarding provisions in foreign protection orders dealing with custody of children, residential placement of children, or visitation with children shall be resolved judicially. The proper venue and jurisdiction for such judicial proceedings shall be determined in accordance with chapter 26.27 RCW and in accordance with the parental kidnapping prevention act, 28 U.S.C. 1738A. (2) A peace officer shall not remove a child from his or her current placement unless: (a) A writ of habeas corpus to produce the child has been issued by a superior court of this state; or (b) There is probable cause to believe that the child is abused or neglected and the child would be injured or could not be taken into custody if it were necessary to first obtain a court order pursuant to RCW 13.34.050. [1999 c 184 § 10.] 26.52.080 26.52.900 Short title—1999 c 184. This act may be known and cited as the foreign protection order full faith and credit act. [1999 c 184 § 1.] 26.52.900 26.52.060 Fees not permitted for filing, preparation, or copies. A public agency may not charge a fee for filing or preparation of certified, authenticated, or exemplified copies to a person entitled to protection who seeks relief under this chapter or to a foreign prosecutor or a foreign law enforcement agency seeking to enforce a protection order entered by a Washington court. A person entitled to protection and foreign prosecutors or law enforcement agencies must be provided the necessary number of certified, authenticated, or exemplified copies at no cost. [1999 c 184 § 8.] 26.52.060 [Title 26 RCW—page 160] 26.52.901 Captions not law—1999 c 184. Captions used in this chapter are not part of the law. [1999 c 184 § 16.] 26.52.901 26.52.902 Severability—1999 c 184. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the 26.52.902 (2008 Ed.) State Registered Domestic Partnerships provision to other persons or circumstances is not affected. [1999 c 184 § 17.] Chapter 26.60 RCW STATE REGISTERED DOMESTIC PARTNERSHIPS Chapter 26.60 Sections 26.60.010 26.60.020 26.60.025 26.60.030 26.60.040 26.60.050 26.60.055 26.60.060 26.60.070 26.60.080 26.60.090 26.60.900 26.60.901 Legislative findings. Definitions. Definition—Domestic partnership. Requirements. Registration—Records—Fees. Termination—Records—Fees. Termination. Domestic partnerships created by subdivisions of the state. Patient visitation. Community property rights—Date of application. Reciprocity. Part headings not law—2008 c 6. Severability—2008 c 6. Certificate of death—Domestic partnership information: RCW 70.58.175. Domestic partnership registry—Forms—Rules: RCW 43.07.400. Public employees—Same sex domestic partner benefits: RCW 41.05.066. 26.60.010 Legislative findings. Many Washingtonians are in intimate, committed, and exclusive relationships with another person to whom they are not legally married. These relationships are important to the individuals involved and their families; they also benefit the public by providing a private source of mutual support for the financial, physical, and emotional health of those individuals and their families. The public has an interest in providing a legal framework for such mutually supportive relationships, whether the partners are of the same or different sexes, and irrespective of their sexual orientation. The legislature finds that same sex couples, because they cannot marry in this state, do not automatically have the same access that married couples have to certain rights and benefits, such as those associated with hospital visitation, health care decision-making, organ donation decisions, and other issues related to illness, incapacity, and death. Although many of these rights and benefits may be secured by private agreement, doing so often is costly and complex. The legislature also finds that the public interest would be served by extending rights and benefits to different sex couples in which either or both of the partners is at least sixty-two years of age. While these couples are entitled to marry under the state’s marriage statutes, some social security and pension laws nevertheless make it impractical for these couples to marry. For this reason, chapter 156, Laws of 2007 specifically allows couples to enter into a state registered domestic partnership if one of the persons is at least sixty-two years of age, the age at which many people choose to retire and are eligible to begin collecting social security and pension benefits. The rights granted to state registered domestic partners in chapter 156, Laws of 2007 will further Washington’s interest in promoting family relationships and protecting family members during life crises. Chapter 156, Laws of 2007 does not affect marriage or any other ways in which legal rights and responsibilities between two adults may be created, recognized, or given effect in Washington. [2007 c 156 § 1.] 26.60.010 (2008 Ed.) 26.60.040 26.60.020 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "State registered domestic partners" means two adults who meet the requirements for a valid state registered domestic partnership as established by RCW 26.60.030 and who have been issued a certificate of state registered domestic partnership by the secretary. (2) "Secretary" means the secretary of state’s office. (3) "Share a common residence" means inhabit the same residence. Two persons shall be considered to share a common residence even if: (a) Only one of the domestic partners has legal ownership of the common residence; (b) One or both domestic partners have additional residences not shared with the other domestic partner; or (c) One domestic partner leaves the common residence with the intent to return. [2007 c 156 § 2.] 26.60.020 26.60.025 Definition—Domestic partnership. Whenever the term "domestic partnership" is used in the Revised Code of Washington it shall be defined to mean "state registered domestic partnership" and whenever the term "domestic partner" is used in the Revised Code of Washington it shall be defined to mean "state registered domestic partner." [2008 c 6 § 1201.] 26.60.025 26.60.030 Requirements. To enter into a state registered domestic partnership the two persons involved must meet the following requirements: (1) Both persons share a common residence; (2) Both persons are at least eighteen years of age; (3) Neither person is married to someone other than the party to the domestic partnership and neither person is in a state registered domestic partnership with another person; (4) Both persons are capable of consenting to the domestic partnership; (5) Both of the following are true: (a) The persons are not nearer of kin to each other than second cousins, whether of the whole or half blood computing by the rules of the civil law; and (b) Neither person is a sibling, child, grandchild, aunt, uncle, niece, or nephew to the other person; and (6) Either (a) both persons are members of the same sex; or (b) at least one of the persons is sixty-two years of age or older. [2007 c 156 § 4.] 26.60.030 26.60.040 Registration—Records—Fees. (1) Two persons desiring to become state registered domestic partners who meet the requirements of RCW 26.60.030 may register their domestic partnership by filing a declaration of state registered domestic partnership with the secretary and paying the filing fee established pursuant to subsection (4) of this section. The declaration must be signed by both parties and notarized. (2) Upon receipt of a signed, notarized declaration and the filing fee, the secretary shall register the declaration and provide a certificate of state registered domestic partnership to each party named on the declaration. (3) The secretary shall permanently maintain a record of each declaration of state registered domestic partnership filed 26.60.040 [Title 26 RCW—page 161] 26.60.050 Title 26 RCW: Domestic Relations with the secretary. The secretary shall provide the state registrar of vital statistics with records of declarations of state registered domestic partnerships. (4) The secretary shall set by rule and collect a reasonable fee for filing the declaration, calculated to cover the secretary’s costs, but not to exceed fifty dollars. Fees collected under this section are expressly designated for deposit in the secretary of state’s revolving fund established under RCW 43.07.130. [2007 c 156 § 5.] 26.60.050 Termination—Records—Fees. (1) Parties to a state registered domestic partnership meeting the conditions in RCW 26.60.055 may terminate the relationship without filing a petition under chapter 26.09 RCW by filing with the secretary a notice of termination of the state registered domestic partnership and an affidavit stating the parties meet the conditions in RCW 26.60.055 and paying the filing fee established pursuant to subsection (5) of this section. (2) The state registered domestic partnership shall be terminated effective ninety days after the date of filing the notice of termination and payment of the filing fee. (3) Upon receipt of a signed, notarized notice of termination, and the filing fee, the secretary shall register the notice of termination and provide a certificate of termination of the state registered domestic partnership to each party named on the notice. The secretary shall maintain a record of each notice of termination filed with the secretary and each certificate of termination issued by the secretary. The secretary shall provide the state registrar of vital statistics with records of terminations of state registered domestic partnerships, except for those state registered domestic partnerships terminated under subsection (4) of this section. (4) A state registered domestic partnership is automatically terminated if, subsequent to the registration of the domestic partnership with the secretary, the parties enter into a marriage to each other that is recognized as valid in this state. (5) The secretary shall set by rule and collect a reasonable fee for filing the declaration, calculated to cover the secretary’s costs, but not to exceed fifty dollars. Fees collected under this section are expressly designated for deposit in the secretary of state’s revolving fund established under RCW 43.07.130. [2008 c 6 § 1002; 2007 c 156 § 6.] 26.60.050 26.60.055 Termination. (1) Notwithstanding this chapter, a domestic partnership may be terminated without filing a petition for dissolution in superior court, provided that all of the following conditions exist at the time of the filing of the notice of termination: (a) The notice of termination of state registered domestic partnership is signed by both registered domestic partners. (b) Neither party has children under the age of eighteen, whether born or adopted before or after registration of the domestic partnership, and neither of the registered domestic partners, to their knowledge, is pregnant. (c) The state registered domestic partnership is not more than five years in duration. (d) Neither party has any ownership interest in real property wherever situated, and neither party leases a residence, 26.60.055 [Title 26 RCW—page 162] with the exception of the lease of a residence occupied by either party which satisfies the following requirements: (i) The lease does not include an option to purchase; and (ii) The lease terminates within one year from the date of filing the notice of termination of state registered domestic partnership. (e) There are no unpaid obligations in excess of four thousand dollars, as adjusted by subsection (3) of this section, incurred by either or both of the parties after registration of the domestic partnership, excluding the amount of any unpaid obligation with respect to an automobile. (f) The total fair market value of community property assets, net of any encumbrances, including any deferred compensation or retirement plan, is less than twenty-five thousand dollars, as adjusted by subsection (3) of this section, and neither party has separate property assets, net of any encumbrances, in excess of that amount. (g) The parties have executed an agreement setting forth the division of assets and the assumption of liabilities of the community property, and have executed any documents, title certificates, bills of sale, or other evidence of transfer necessary to effectuate the agreement. (h) The parties waive any rights to maintenance by the other domestic partner. (i) Both parties desire that the domestic partnership be terminated. (2) The termination of a domestic partnership pursuant to this section does not prejudice nor bar the rights of either of the parties to institute an action in the superior court to set aside the termination for fraud, duress, mistake, or any other ground recognized at law or in equity. A court may set aside the termination of state registered domestic partnership and declare the termination of the domestic partnership null and void upon proof that the parties did not meet the requirements of this section at the time of the filing of the notice of termination of state registered domestic partnership with the secretary of state. (3) On January 1, 2009, and on each January 1st of each odd-numbered year thereafter, the amounts in subsection (1)(e) and (f) of this section shall be adjusted to reflect any change in the value of the dollar. The adjustments shall be made by multiplying the base amounts by the percentage change in the Washington state consumer price index, with the result rounded to the nearest thousand dollars. The administrative office of the courts shall compute and publish the amounts. [2008 c 6 § 1001.] 26.60.060 Domestic partnerships created by subdivisions of the state. (1)(a) A domestic partnership created by a subdivision of the state is not a state registered domestic partnership for the purposes of a state registered domestic partnership under this chapter. Those persons desiring to become state registered domestic partners under this chapter must register pursuant to RCW 26.60.040. (b) A subdivision of the state that provides benefits to the domestic partners of its employees and chooses to use the definition of state registered domestic partner as set forth in RCW 26.60.020 must allow the certificate issued by the secretary of state to satisfy any registration requirements of the subdivision. A subdivision that uses the definition of state registered domestic partner as set forth in RCW 26.60.020 26.60.060 (2008 Ed.) State Registered Domestic Partnerships 26.60.901 shall notify the secretary of state. The secretary of state shall compile and maintain a list of all subdivisions that have filed such notice. The secretary of state shall post this list on the secretary’s web page and provide a copy of the list to each person that receives a certificate of state registered domestic partnership under RCW 26.60.040(2). (c) Nothing in this section shall affect domestic partnerships created by any public entity. (2) Nothing in chapter 156, Laws of 2007 affects any remedy available in common law. [2007 c 156 § 7.] 26.60.070 Patient visitation. A patient’s state registered domestic partner shall have the same rights as a spouse with respect to visitation of the patient in a health care facility as defined in RCW 48.43.005. [2007 c 156 § 8.] 26.60.070 26.60.080 Community property rights—Date of application. Any community property rights of domestic partners established by chapter 6, Laws of 2008 shall apply from the date of the initial registration of the domestic partnership or June 12, 2008, whichever is later. [2008 c 6 § 601.] 26.60.080 26.60.090 Reciprocity. A legal union of two persons of the same sex, other than a marriage, that was validly formed in another jurisdiction, and that is substantially equivalent to a domestic partnership under this chapter, shall be recognized as a valid domestic partnership in this state regardless of whether it bears the name domestic partnership. [2008 c 6 § 1101.] 26.60.090 26.60.900 Part headings not law—2008 c 6. Part headings used in this act are not any part of the law. [2008 c 6 § 1301.] 26.60.900 26.60.901 Severability—2008 c 6. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [2008 c 6 § 1302.] 26.60.901 (2008 Ed.) [Title 26 RCW—page 163] Title 27 LIBRARIES, MUSEUMS, AND HISTORICAL ACTIVITIES Title 27 Chapters 27.04 State library. 27.12 Public libraries. 27.15 Library capital facility areas. 27.18 Interstate library compact. 27.20 State law library. 27.24 County law libraries. 27.34 State historical societies—Historic preservation. 27.40 Thomas Burke Memorial Washington State Museum of University of Washington. 27.44 Indian graves and records. 27.48 Preservation of historical materials. 27.53 Archaeological sites and resources. Chapter not to apply to certain materials printed in library or library district: RCW 82.04.600. City libraries: RCW 35.22.280. Highway advertising control act of 1961: Chapter 47.42 RCW. Incorporation of libraries and scientific societies: Chapter 24.03 RCW. Librarians—Qualifications and certification: RCW 27.04.055. Periodicals, postage, purchase by public agencies—Manner of payment: RCW 42.24.035. Power of cities and towns to acquire art museums, auditoriums, etc.: RCW 35.21.020. Public bodies may retain collection agencies to collect public debts—Fees: RCW 19.16.500. State publications distribution center: Chapter 40.06 RCW. Chapter 27.04 Chapter 27.04 RCW STATE LIBRARY Sections 27.04.010 27.04.045 27.04.055 27.04.100 27.04.900 27.04.901 Library created—Rule-making authority—Appointment of state librarian. Duties of state librarian—Lending fees for interlibrary services. Qualifications of librarians—Rules—Fees. Reimbursement of employees for offender or resident assaults. State library commission—Transfer of functions to office of the secretary of state. Effective date—2002 c 342. Certain library records exempt from public inspection: RCW 42.56.310. 27.04.010 Library created—Rule-making authority—Appointment of state librarian. (1) There shall be a state library within the office of the secretary of state, and a state librarian to serve as its chief executive officer. (2) The secretary of state may make such rules under chapter 34.05 RCW as necessary and proper to carry out the purposes of this chapter. (3) The secretary of state shall appoint a state librarian who shall serve at the pleasure of the secretary of state. [2002 c 342 § 2; 1999 c 123 § 1; 1943 c 207 § 1; Rem. Supp. 1943 § 8225-1. Prior: See Reviser’s note below.] 27.04.010 Reviser’s note: For prior laws on this subject, see Laws 1929 c 159; 1921 c 7 § 13; 1913 c 72; 1903 c 171; 1901 c 43 and 46; 1893 c 63; 1891 c 37; Code 1881 §§ 2588-2613. (2008 Ed.) 27.04.045 Duties of state librarian—Lending fees for interlibrary services. The state librarian shall be responsible and accountable for the following functions: (1) Establishing content-related standards for common formats and agency indexes for state agency-produced information. In developing these standards, the state librarian is encouraged to seek involvement of, and comments from, public and private entities with an interest in such standards; (2) Managing and administering the state library; (3) Exerting leadership in information access and the development of library services; (4) Acquiring library materials, equipment, and supplies by purchase, exchange, gift, or otherwise; and, as appropriate, assisting the legislature, other state agencies, and other libraries in the cost-effective purchase of information resources; (5) Employing and terminating personnel in accordance with chapter 41.06 RCW as may be necessary to implement the purposes of this chapter; (6) Entering into agreements with other public or private entities as a means of implementing the mission, goals, and objectives of the state library and the entity with which it enters such agreements. In agreements for services between the library and other state agencies, the library may negotiate an exchange of services in lieu of monetary reimbursement for the library’s indirect or overhead costs, when such an arrangement facilitates the delivery of library services; (7) Maintaining a library at the state capitol grounds to effectively provide library and information services to members of the legislature, state officials, and state employees in connection with their official duties; (8) Serving as the depository for newspapers published in the state of Washington thus providing a central location for a valuable historical record for scholarly, personal, and commercial reference and circulation; (9) Promoting and facilitating electronic access to public information and services, including providing, or providing for, a service that identifies, describes, and provides location information for government information through electronic means, and that assists government agencies in making their information more readily available to the public; (10) Collecting and distributing copies of state publications, as defined in RCW 40.06.010, prepared by any state agency for distribution. The state library shall maintain the state publications distribution center, as provided in chapter 40.06 RCW to provide copies of materials that are not available in electronic format to state depository libraries; (11) Providing for the sale of library material in accordance with RCW 27.12.305; (12) Providing advisory services to state agencies regarding their information needs; (13) Providing for library and information service to residents and staff of state-supported residential institutions; 27.04.045 [Title 27 RCW—page 1] 27.04.055 Title 27 RCW: Libraries, Museums, and Historical Activities (14) Providing for library and information services to persons throughout the state who are blind and/or physically handicapped; (15) Assisting individuals and groups such as libraries, library boards, governing bodies, and citizens throughout the state toward the establishment and development of library services; (16) Making studies and surveys of library needs in order to provide, expand, enlarge, and otherwise improve access to library facilities and services throughout the state; (17) Serving as an interlibrary loan, information, reference, and referral resource for all libraries in the state. The state library may charge lending fees to other libraries that charge the state library for similar services. Money paid as fees shall be retained by the state library as a recovery of costs; and (18) Accepting and expending in accordance with the terms thereof grants of federal, state, local, or private funds. For the purpose of qualifying to receive such grants, the state librarian is authorized to make applications and reports required by the grantor. [2006 c 199 § 2; 2002 c 342 § 3; 1999 c 123 § 5; 1996 c 171 § 6; 1989 c 96 § 7; 1984 c 152 § 2.] Findings—2006 c 199: "The state of Washington recognizes that an informed citizenry is indispensable to the proper functioning of a democratic society. It is the basic right of citizens to know about the activities of their government, to benefit from the information developed at public expense, and to have permanent access to the information published by state agencies. The secretary of state through the state library must ensure permanent public access to public state government publications, regardless of the format, and prescribe the conditions for use of state publications in depository libraries." [2006 c 199 § 1.] Captions not law—Effective dates—1996 c 171: See notes following RCW 43.105.250. 27.04.055 Qualifications of librarians—Rules—Fees. No library serving a community having over four thousand population, nor any library operated by the state or under its authority, may have in its employ, in the position of librarian or in any other full-time professional library position, a person who does not hold a librarian’s certificate issued by the state librarian or its predecessor. A full-time professional library position, is one that requires, in the opinion of the state librarian, a knowledge of information resources and library/information service delivery equivalent to that required for graduation from an accredited library education program. This section does not apply to the state law library or to county law libraries. The state librarian shall: (1) Establish rules for, and prescribe and hold examinations to test, the qualifications of those seeking certificates as librarians; (2) Grant librarians’ certificates without examination to applicants who are graduates of library schools programs accredited or otherwise officially recognized by the American library association for general library training, and grant certificates to other applicants when it has satisfied itself by examination that the applicant has attainments and abilities equivalent to those of a graduate of a library school program accredited or otherwise officially recognized by the American library association; and (3) Charge a fee to recover the costs associated with the application to be paid by each applicant for a librarian’s cer27.04.055 [Title 27 RCW—page 2] tificate. Money paid as fees shall be retained by the state library as a recovery of costs. [2002 c 342 § 4; 1999 c 123 § 4.] 27.04.100 Reimbursement of employees for offender or resident assaults. (1) In recognition of prison overcrowding and the hazardous nature of employment in state institutions and offices, the legislature hereby provides a supplementary program to reimburse employees of the state library for some of their costs attributable to their being the victims of offender or resident assaults. This program shall be limited to the reimbursement provided in this section. (2) An employee is only entitled to receive the reimbursement provided in this section if the state librarian, or the state librarian’s designee, finds that each of the following has occurred: (a) An offender or resident has assaulted the employee while the employee is performing the employee’s official duties and as a result thereof the employee has sustained injuries which have required the employee to miss days of work; and (b) The assault cannot be attributable to any extent to the employee’s negligence, misconduct, or failure to comply with any rules or conditions of employment. (3) The reimbursement authorized under this section shall be as follows: (a) The employee’s accumulated sick leave days shall not be reduced for the workdays missed; (b) For each workday missed for which the employee is not eligible to receive compensation under chapter 51.32 RCW, the employee shall receive full pay; and (c) With respect to workdays missed for which the employee will receive or has received compensation under chapter 51.32 RCW, the employee shall be reimbursed in an amount which, when added to that compensation, will result in the employee receiving full pay for the workdays missed. (4) Reimbursement under this section may not last longer than three hundred sixty-five consecutive days after the date of the injury. (5) The employee shall not be entitled to the reimbursement provided in subsection (3) of this section for any workday for which the state librarian, or the state librarian’s designee, finds that the employee has not diligently pursued his or her compensation remedies under chapter 51.32 RCW. (6) The reimbursement shall only be made for absences which the state librarian, or the state librarian’s designee, believes are justified. (7) While the employee is receiving reimbursement under this section, he or she shall continue to be classified as a state employee and the reimbursement amount shall be considered as salary or wages. (8) All reimbursement payments required to be made to employees under this section shall be made by the state library. The payments shall be considered as a salary or wage expense and shall be paid by the state library in the same manner and from the same appropriations as other salary and wage expenses of the state library. (9) Should the legislature revoke the reimbursement authorized under this section or repeal this section, no affected employee is entitled thereafter to receive the reimbursement as a matter of contractual right. 27.04.100 (2008 Ed.) Public Libraries (10) For the purposes of this section, "offender or resident" means: (a) Inmate as defined in *RCW 72.09.020, (b) offender as defined in RCW 9.94A.030, (c) any other person in the custody of or subject to the jurisdiction of the department of corrections, or (d) a resident of a state institution. [1990 c 68 § 1.] *Reviser’s note: RCW 72.09.020 was repealed by 1995 1st sp.s. c 19 § 36. 27.04.900 State library commission—Transfer of functions to office of the secretary of state. (1) The state library commission is hereby abolished and its powers, duties, and functions are hereby transferred to the office of the secretary of state. All references to the state library commission in the Revised Code of Washington shall be construed to mean the secretary of state or the office of the secretary of state. (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the state library commission or the state library shall be delivered to the custody of the office of the secretary of state. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the state library commission or the state library shall be made available to the office of the secretary of state. All funds, credits, or other assets held by the state library commission or the state library shall be assigned to the office of the secretary of state. (b) Any appropriations made to the state library commission or the state library shall, on July 1, 2002, be transferred and credited to the office of the secretary of state. (c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned. (3) All employees of the state library commission and the state library are transferred to the jurisdiction of the office of the secretary of state. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the office of the secretary of state to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service. (4) All rules and all pending business before the state library commission or the state library shall be continued and acted upon by the office of the secretary of state. All existing contracts and obligations shall remain in full force and shall be performed by the office of the secretary of state. (5) The transfer of the powers, duties, functions, and personnel of the state library commission and the state library shall not affect the validity of any act performed before July 1, 2002. (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjust27.04.900 (2008 Ed.) Chapter 27.12 ments in funds and appropriation accounts and equipment records in accordance with the certification. (7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel resources board as provided by law. (8) Subsequent to the merger of the state library into the office of the secretary of state, any reduction-in-force actions that occur on or before June 30, 2005, with respect to positions within the boundaries of the individual agency as the agencies existed on June 30, 2002, shall afford lay-off rights only to those positions that were within the boundaries of the respective individual agency as the agencies existed on June 30, 2002. [2002 c 342 § 1.] 27.04.901 Effective date—2002 c 342. This act takes effect July 1, 2002. [2002 c 342 § 8.] 27.04.901 Chapter 27.12 Chapter 27.12 RCW PUBLIC LIBRARIES Sections 27.12.010 27.12.020 27.12.025 27.12.030 27.12.040 27.12.050 27.12.060 27.12.070 27.12.079 27.12.080 27.12.090 27.12.100 27.12.110 27.12.120 27.12.130 27.12.140 27.12.150 27.12.160 27.12.170 27.12.180 27.12.190 27.12.210 27.12.212 27.12.215 27.12.220 27.12.222 27.12.223 27.12.240 27.12.260 27.12.270 27.12.280 27.12.285 27.12.290 27.12.300 27.12.305 27.12.310 27.12.320 27.12.321 Definitions. Policy of state. Authorization. Libraries, how established. Rural library districts—Establishment. Rural library districts—Board of library trustees—Tax levies. Rural library districts—General powers. Rural county library districts or rural partial-county library districts—Disbursement of revenues and collection of taxes. Disincorporation of district located in county with a population of two hundred ten thousand or more and inactive for five years. Regional libraries. Intercounty rural library districts—Establishment. Intercounty rural library districts—Establishment—Procedure. Intercounty rural library districts—Expansion of existing districts. Intercounty rural library districts—Assumption of property, assets, liabilities. Intercounty rural library districts—Board of trustees. Intercounty rural library districts—Name may be adopted. Intercounty rural library districts—Tax levies. Intercounty rural library districts—District treasurer. Intercounty rural library districts—Powers of board—Procedures. Contracts for library service. Library trustees—Appointment, election, removal, compensation. Library trustees—Organization—Bylaws—Powers and duties. Community revitalization financing—Public improvements. Job recruitment expenditures authorized. Rural, island, and intercounty rural districts—Budget for capital outlays—Accumulation of funds. Rural, island, and intercounty rural districts—General obligation bonds—Excess levies. Bonds—Sale—Security for deposit. Annual appropriations—Control of expenditures. Annual report of trustees. Rules and regulations—Free use of libraries. Use by nonresidents—Exchange of books. Library services for Indian tribes. Violators may be excluded. Gifts—Title to property. Sale of library materials authorized—Disposition of proceeds. Charter provisions superseded. Dissolution—Disposition of property. School district public libraries abolished—Disposition of assets. [Title 27 RCW—page 3] 27.12.010 27.12.330 27.12.340 27.12.350 27.12.355 27.12.360 27.12.370 27.12.380 27.12.390 27.12.395 27.12.400 27.12.410 27.12.420 27.12.430 27.12.440 27.12.450 27.12.470 Title 27 RCW: Libraries, Museums, and Historical Activities Penalty for injury to property. Wilfully retaining books—Infraction. Executory conditional sales contracts for purchase of property—Limit on indebtedness—Election, when. Rural county library district, island library district, or intercounty rural library district—Withdrawal or reannexation of areas. Annexation of city or town into rural county library district, island library district, or intercounty rural library district— Initiation procedure. Annexation of city or town into library district—Special election procedure. Annexation of city or town into library district—Withdrawal of annexed city or town. Annexation of city or town into library district—Tax levies. Annexation of city or town into library district—Assumption of liabilities. Island library districts—Establishment—Procedure. Island library districts—Restrictions on establishment. Island library districts—Board of trustees—Tax levies. Island library districts—Name may be adopted. Island library districts—Powers and limitations for indebtedness. Island library districts—Dissolution, when. Rural partial-county library districts. Certain library records exempt from public inspection: RCW 42.56.310. Librarians—Qualifications and certification: RCW 27.04.055. Rural library district regular property tax levy: RCW 84.52.063. Special purpose districts, expenditures to recruit job candidates: RCW 42.24.170. 27.12.010 Definitions. As used in this chapter, unless the context requires a different meaning: (1) "Governmental unit" means any county, city, town, rural county library district, intercounty rural library district, rural partial-county library district, or island library district; (2) "Legislative body" means the body authorized to determine the amount of taxes to be levied in a governmental unit; in rural county library districts, in intercounty rural library districts, and in island library districts, the legislative body shall be the board of library trustees of the district; (3) "Library" means a free public library supported in whole or in part with money derived from taxation; (4) "Regional library" means a free public library maintained by two or more counties or other governmental units as provided in RCW 27.12.080; (5) "Rural county library district" means a library serving all the area of a county not included within the area of incorporated cities and towns: PROVIDED, That any city or town with a population of one hundred thousand or less at the time of annexation may be included therein as provided in RCW 27.12.360 through 27.12.390; (6) "Intercounty rural library district" means a municipal corporation organized to provide library service for all areas outside of incorporated cities and towns within two or more counties: PROVIDED, That any city or town with a population of one hundred thousand or less at the time of annexation may be included therein as provided in RCW 27.12.360 through 27.12.390; (7) "Island library district" means a municipal corporation organized to provide library service for all areas outside of incorporated cities and towns on a single island only, and not all of the area of the county, in counties composed entirely of islands and having a population of less than twenty-five thousand at the time the island library district was created: PROVIDED, That any city or town with a population of one hundred thousand or less at the time of annex27.12.010 [Title 27 RCW—page 4] ation may be included therein as provided in RCW 27.12.360 through 27.12.390; and (8) "Rural partial-county library district" means a municipal corporation organized to provide library service for a portion of the unincorporated area of a county. Any city or town located in the same county as a rural partial-county library district may annex to the district if the city or town has a population of one hundred thousand or less at the time of annexation. [1994 c 198 § 1; 1993 c 284 § 2; 1982 c 123 § 1; 1981 c 26 § 1; 1977 ex.s. c 353 § 5; 1965 c 122 § 1; 1947 c 75 § 10; 1941 c 65 § 1; 1935 c 119 § 2; Rem. Supp. 1947 § 82262.] 27.12.020 Policy of state. It is hereby declared to be the policy of the state, as a part of its provision for public education, to promote the establishment and development of public library service throughout its various subdivisions. [1935 c 119 § 1; RRS § 8226-1. FORMER PART OF SECTION: 1941 c 65 § 2; 1935 c 119 § 3; Rem. Supp. 1941 § 8226-3 now codified as RCW 27.12.025.] 27.12.020 27.12.025 Authorization. Any governmental unit has power to establish and maintain a library, either by itself or in cooperation with one or more other governmental units. [1941 c 65 § 2; 1935 c 119 § 3; Rem. Supp. 1941 § 8226-3. Formerly RCW 27.12.020, part.] 27.12.025 27.12.030 Libraries, how established. A library may be established in any county, city, or town either (1) by its legislative body of its own initiative; or (2) upon the petition of one hundred taxpayers of such a governmental unit, the legislative body shall submit to a vote of the qualified electors thereof, at the next municipal or special election held therein (in the case of a city or town) or the next general election or special election held therein (in the case of a county), the question whether a library shall be established; and if a majority of the electors voting on the question vote in favor of the establishment of a library, the legislative body shall forthwith establish one. [1965 c 122 § 2; 1941 c 65 § 3; 1935 c 119 § 4; Rem. Supp. 1941 § 8226-4. Prior: 1915 c 12 § 1; 1913 c 123 § 1; 1909 c 116 § 1; 1901 c 166 § 1.] 27.12.030 27.12.040 Rural library districts—Establishment. The procedure for the establishment of a rural county library district shall be as follows: (1) Petitions signed by at least ten percent of the registered voters of the county who voted in the last general election, outside of the area of incorporated cities and towns, asking that the question, "Shall a rural county library district be established?" be submitted to a vote of the people, shall be filed with the county legislative authority. (2) The county legislative authority, after having determined that the petitions were signed by the requisite number of registered voters, shall place the proposition for the establishment of a rural county library district on the ballot for the vote of the people of the county, outside incorporated cities and towns, at the next succeeding general or special election. (3) If a majority of those voting on the proposition vote in favor of the establishment of the rural county library district, the county legislative authority shall forthwith declare it 27.12.040 (2008 Ed.) Public Libraries established. [1990 c 259 § 1; 1955 c 59 § 4. Prior: 1947 c 75 § 11, part; 1943 c 251 § 1, part; 1941 c 65 § 4, part; Rem. Supp. 1947 § 8226-4a, part.] 27.12.100 27.12.079 Disincorporation of district located in county with a population of two hundred ten thousand or more and inactive for five years. See chapter 57.90 RCW. 27.12.079 Dissolution—Disposition of property: RCW 27.12.320. 27.12.080 Regional libraries. Two or more counties, or other governmental units, by action of their legislative bodies, may join in establishing and maintaining a regional library under the terms of a contract to which all will agree. The expenses of the regional library shall be apportioned between or among the contracting parties concerned on such basis as shall be agreed upon in the contract. The treasurer of one of the governmental units, as shall be provided in the contract, shall have the custody of the funds of the regional library; and the treasurers of the other governmental units concerned shall transfer quarterly to him all moneys collected for free public library purposes in their respective governmental units. If the legislative body of any governmental unit decides to withdraw from a regional library contract, the governmental unit withdrawing shall be entitled to a division of the property on the basis of its contributions. [1941 c 65 § 5; 1935 c 119 § 5; Rem. Supp. 1941 § 8226-5.] 27.12.080 Dissolution of island library district: RCW 27.12.450. 27.12.050 27.12.050 Rural library districts—Board of library trustees—Tax levies. After the board of county commissioners has declared a rural county library district established, it shall appoint a board of library trustees and provide funds for the establishment and maintenance of library service for the district by making a tax levy on the property in the district of not more than fifty cents per thousand dollars of assessed value per year sufficient for the library service as shown to be required by the budget submitted to the board of county commissioners by the board of library trustees, and by making a tax levy in such further amount as shall be authorized pursuant to RCW 27.12.222 or 84.52.052 or 84.52.056. Such levies shall be a part of the general tax roll and shall be collected as a part of the general taxes against the property in the district. [1973 1st ex.s. c 195 § 5; 1955 c 59 § 5. Prior: 1947 c 75 § 11, part; 1943 c 251 § 1, part; 1941 c 65 § 4, part; Rem. Supp. 1947 § 8226-4a, part.] Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. Budget for capital outlays—Accumulation of funds: RCW 27.12.220. Capital outlays—Bonds—Excess levies: RCW 27.12.222. 27.12.090 Intercounty rural library districts—Establishment. Intercounty rural library districts may be established to provide throughout several counties free public library service similar to that provided within a single county by a rural county library district. [1947 c 75 § 1; Rem. Supp. 1947 § 8246-1.] 27.12.090 Dissolution—Disposition of property: RCW 27.12.320. 27.12.060 27.12.060 Rural library districts—General powers. A rural county library district shall be a public corporation with such powers as are necessary to carry out its functions and for taxation purposes shall have the power vested in municipal corporations for such purposes. [1984 c 186 § 6; 1983 c 167 § 19; 1980 c 100 § 1; 1955 c 59 § 6. Prior: 1947 c 75 § 11, part; 1943 c 251 § 1, part; 1941 c 65 § 4, part; Rem. Supp. 1947 § 8226-4a, part.] Purpose—1984 c 186: See note following RCW 39.46.110. Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 27.12.070 27.12.070 Rural county library districts or rural partial-county library districts—Disbursement of revenues and collection of taxes. The county treasurer of the county in which any rural county library district or rural partialcounty library district is created shall receive and disburse all district revenues and collect all taxes levied under this chapter. [1993 c 284 § 3; 1984 c 186 § 7; 1973 1st ex.s. c 195 § 6; 1970 ex.s. c 42 § 2; 1955 c 59 § 7. Prior: 1947 c 75 § 11, part; 1943 c 251 § 1, part; 1941 c 65 § 4, part; Rem. Supp. 1947 § 8226-4a, part.] Purpose—1984 c 186: See note following RCW 39.46.110. Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. Severability—Effective date—1970 ex.s. c 42: See notes following RCW 39.36.015. Annual appropriations—Control of expenditures: RCW 27.12.240. Capital outlays—General obligation bonds—Excess levies: RCW 27.12.222. (2008 Ed.) 27.12.100 Intercounty rural library districts—Establishment—Procedure. An intercounty rural library district shall be established by joint action of two or more counties proceeding by either of the following alternative methods: (1) The boards of county commissioners of any two or more counties shall adopt identical resolutions proposing the formation of such a district to include all of the areas outside of incorporated cities or towns in such counties as may be designated in such resolutions. In lieu of such resolutions a petition of like purport signed by ten percent of the registered voters residing outside of incorporated cities or towns of a county, may be filed with the county auditor thereof, and shall have the same effect as a resolution. The proposition for the formation of the district as stated on the petition shall be prepared by the attorney general upon request of the state library commission. Action to initiate the formation of such a district shall become ineffective in any county if corresponding action is not completed within one year thereafter by each other county included in such proposal. The county auditor in each county shall check the validity of the signatures on the petition and shall certify to the board of county commissioners the sufficiency of the signatures. If each petition contains the signatures of ten percent of the registered voters residing outside the incorporated cities and towns of the county, each board of county commissioners shall pass a resolution calling an election for the purpose of submitting the question to the voters and setting the date of said election. When such action has been taken in each of the counties involved, notification shall be made by each board of county commissioners to the board of county commissioners of the county having the larg27.12.100 [Title 27 RCW—page 5] 27.12.110 Title 27 RCW: Libraries, Museums, and Historical Activities est population according to the last federal census, who shall give proper notification to each county auditor. At the next general or special election held in the respective counties there shall be submitted to the voters in the areas outside of incorporated cities and towns a question as to whether an intercounty rural library district shall be established as outlined in the resolutions or petitions. Notice of said election shall be given the county auditor pursuant to *RCW 29.27.080. The county auditor shall provide for the printing of a separate ballot and shall provide for the distribution of ballots to the polling places pursuant to *RCW 29.04.020. The county auditor shall instruct the election boards in split precincts. The respective county canvassing boards in each county to be included within the intercounty rural library district shall canvass the votes and certify the results to the county auditor pursuant to **chapter 29.62 RCW; the result shall then be certified by each county auditor to the county auditor of the county having the largest population according to the last federal census. If a majority of the electors voting on the proposition in each of the counties affected shall vote in favor of such district it shall thereby become established, and the board of county commissioners of the county having the largest population according to the last federal census shall declare the intercounty rural library district established. If two or more of the counties affected are in an existing intercounty rural library district, then the electors in areas outside incorporated cities and towns in those counties shall vote as a unit and the electors in areas outside incorporated cities and towns in each of the other affected counties shall vote as separate units. If a majority of the electors voting on the proposition in the existing district and a majority of the voters in any of the other affected counties shall vote in favor of an expanded intercounty rural library district it shall thereby become established. (2) The county commissioners of two or more counties meeting in joint session attended by a majority of the county commissioners of each county may, by majority vote of those present, order the establishment of an intercounty rural library district to include all of the area outside of incorporated cities and towns in as many of the counties represented at such joint meeting as shall be determined by resolution of such joint meeting. If two or more counties are in an existing intercounty rural library district, then a majority vote of all of the commissioners present from those counties voting as a unit, and a majority vote of the commissioners present from any other county shall cause the joint session to order the establishment of an expanded intercounty rural library district. No county, however, shall be included in such district if a majority of its county commissioners vote against its inclusion in such district. [1965 c 63 § 1; 1961 c 82 § 1; 1947 c 75 § 2; Rem. Supp. 1947 § 8246-2.] Reviser’s note: *(1) RCW 29.27.080 and 29.04.020 were recodified as RCW 29A.52.350 and 29A.04.215, respectively, pursuant to 2003 c 111 § 2401, effective July 1, 2004. RCW 29A.52.350 and 29A.04.215 were subsequently repealed by 2004 c 271 § 193. Later enactment of RCW 29A.52.350, see RCW 29A.52.351. **(2) Chapter 29.62 RCW was recodified as chapter 29A.60 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004. 27.12.110 Intercounty rural library districts— Expansion of existing districts. An existing rural county library district may be expanded into an intercounty rural 27.12.110 [Title 27 RCW—page 6] library district or an established intercounty rural library district may be expanded to include additional counties by joint action of all counties included in the proposed expanded district taken in the same manner as prescribed for the initiation of an intercounty rural library district. [1947 c 75 § 3; Rem. Supp. 1947 § 8246-3.] 27.12.120 Intercounty rural library districts— Assumption of property, assets, liabilities. All property, assets and liabilities of preexisting library districts within the area included in an intercounty rural library district shall pass to and be assumed by an intercounty rural library district: PROVIDED, That where within any intercounty rural library district heretofore or hereafter organized under the provisions of this chapter a preexisting library district had incurred a bonded indebtedness which was outstanding at the time of the formation of the intercounty rural library district, such preexisting library district shall retain its corporate existence insofar as is necessary for the purpose until the bonded indebtedness outstanding against it on and after the effective date of said formation has been paid in full: PROVIDED FURTHER, That a special election may be called by the board of trustees of the intercounty rural library district, to be held at the next general or special election held in the respective counties for the purpose of affording the voters residing within the area outside of the preexisting library district an opportunity to assume the obligation of the bonded indebtedness of the preexisting library district or the question may be submitted to the voters as a separate proposition at the election on the proposal for the formation of the intercounty rural library district. [1961 c 82 § 2; 1947 c 75 § 4; Rem. Supp. 1947 § 8246-4.] 27.12.120 27.12.130 Intercounty rural library districts—Board of trustees. Immediately following the establishment of an intercounty rural library district the boards of county commissioners of the counties affected shall jointly appoint a board of five or seven trustees for the district in accordance with RCW 27.12.190. The board of trustees shall appoint a librarian for the district. [1959 c 133 § 1; 1947 c 75 § 5; Rem. Supp. 1947 § 8246-5.] 27.12.130 27.12.140 Intercounty rural library districts—Name may be adopted. The board of trustees of an intercounty rural library district may adopt a name by which the district shall be known and under which it shall transact all of its business. [1947 c 75 § 6; Rem. Supp. 1947 § 8246-6.] 27.12.140 27.12.150 Intercounty rural library districts—Tax levies. Funds for the establishment and maintenance of the library service of the district shall be provided by the boards of county commissioners of the respective counties by means of an annual tax levy on the property in the district of not more than fifty cents per thousand dollars of assessed value per year. The tax levy in the several counties shall be at a uniform rate and shall be based on a budget to be compiled by the board of trustees of the intercounty rural library district who shall determine the uniform tax rate necessary and certify their determination to the respective boards of county commissioners. 27.12.150 (2008 Ed.) Public Libraries Excess levies authorized pursuant to RCW 27.12.222 and 84.52.052 or 84.52.056 shall be at a uniform rate which uniform rate shall be determined by the board of trustees of the intercounty rural library district and certified to the respective boards of county commissioners. [1973 1st ex.s. c 195 § 7; 1955 c 59 § 8; 1947 c 75 § 7; Rem. Supp. 1947 § 8246-7.] Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. Budget for capital outlays—Accumulation of funds: RCW 27.12.220. Capital outlays—Bonds—Excess levies: RCW 27.12.222. 27.12.160 Intercounty rural library districts—District treasurer. The board of trustees of an intercounty rural library district shall designate the county treasurer of one of the counties included in the district to act as treasurer for the district. All moneys raised for the district by taxation within the participating counties or received by the district from any other sources shall be paid over to him, and he shall disburse the funds of the district upon warrants drawn thereon by the auditor of the county to which he belongs pursuant to vouchers approved by the trustees of the district. [1947 c 75 § 8; Rem. Supp. 1947 § 8246-8.] 27.12.160 Annual expenditures—Control of appropriations: RCW 27.12.240. 27.12.170 Intercounty rural library districts—Powers of board—Procedures. Except as otherwise specifically provided intercounty rural library districts and the trustees thereof shall have the same powers as are prescribed by RCW 27.12.040 through 27.12.070, for rural county library districts and shall follow the same procedures and be subject to the same limitations as are provided therein with respect to the contracting of indebtedness. [1947 c 75 § 9; Rem. Supp. 1947 § 8246-9.] 27.12.170 27.12.180 Contracts for library service. Instead of establishing or maintaining an independent library, the legislative body of any governmental unit authorized to maintain a library shall have power to contract to receive library service from an existing library, the board of trustees of which shall have reciprocal power to contract to render the service with the consent of the legislative body of its governmental unit. Such a contract shall require that the existing library perform all the functions of a library within the governmental unit wanting service. In like manner a legislative body may contract for library service from a library not owned by a public corporation but maintained for free public use: PROVIDED, That such a library be subject to inspection by the state librarian and be certified by him as maintaining a proper standard. Any school district may contract for school library service from any existing library, such service to be paid for from funds available to the school district for library purposes. [1941 c 65 § 6; 1935 c 119 § 7; Rem. Supp. 1941 § 8226-7.] 27.12.180 27.12.190 Library trustees—Appointment, election, removal, compensation. The management and control of a library shall be vested in a board of either five or seven trustees as hereinafter in this section provided. In cities and towns five trustees shall be appointed by the mayor with the consent 27.12.190 (2008 Ed.) 27.12.210 of the legislative body. In counties, rural county library districts, and island library districts, five trustees shall be appointed by the board of county commissioners. In a regional library district a board of either five or seven trustees shall be appointed by the joint action of the legislative bodies concerned. In intercounty rural library districts a board of either five or seven trustees shall be appointed by the joint action of the boards of county commissioners of each of the counties included in a district. The first appointments for boards comprised of but five trustees shall be for terms of one, two, three, four, and five years respectively, and thereafter a trustee shall be appointed annually to serve for five years. The first appointments for boards comprised of seven trustees shall be for terms of one, two, three, four, five, six, and seven years respectively, and thereafter a trustee shall be appointed annually to serve for seven years. No person shall be appointed to any board of trustees for more than two consecutive terms. Vacancies shall be filled for unexpired terms as soon as possible in the manner in which members of the board are regularly chosen. A library trustee shall not receive a salary or other compensation for services as trustee, but necessary expenses actually incurred shall be paid from the library funds. A library trustee in the case of a city or town may be removed only by vote of the legislative body. A trustee of a county library, a rural county library district library, or an island library district library may be removed for just cause by the county commissioners after a public hearing upon a written complaint stating the ground for removal, which complaint, with a notice of the time and place of hearing, shall have been served upon the trustee at least fifteen days before the hearing. A trustee of an intercounty rural library district may be removed by the joint action of the board of county commissioners of the counties involved in the same manner as provided herein for the removal of a trustee of a county library. [1982 c 123 § 8; 1981 c 26 § 2; 1965 c 122 § 3; 1959 c 133 § 2; 1947 c 75 § 12; 1941 c 65 § 7; 1939 c 108 § 1; 1935 c 119 § 8; Rem. Supp. 1947 § 8226-8. Prior: 1915 c 12 § 2; 1909 c 116 § 4; 1901 c 166 § 4. Formerly RCW 27.12.190 and 27.12.200.] 27.12.210 Library trustees—Organization— Bylaws—Powers and duties. The trustees, immediately after their appointment or election, shall meet and organize by the election of such officers as they deem necessary. They shall: (1) Adopt such bylaws, rules, and regulations for their own guidance and for the government of the library as they deem expedient; (2) Have the supervision, care, and custody of all property of the library, including the rooms or buildings constructed, leased, or set apart therefor; (3) Employ a librarian, and upon his recommendation employ such other assistants as may be necessary, all in accordance with the provisions of *RCW 27.08.010, prescribe their duties, fix their compensation, and remove them for cause; (4) Submit annually to the legislative body a budget containing estimates in detail of the amount of money necessary for the library for the ensuing year; except that in a library district the board of library trustees shall prepare its budget, 27.12.210 [Title 27 RCW—page 7] 27.12.212 Title 27 RCW: Libraries, Museums, and Historical Activities certify the same and deliver it to the board of county commissioners in ample time for it to make the tax levies for the purpose of the district; (5) Have exclusive control of the finances of the library; (6) Accept such gifts of money or property for library purposes as they deem expedient; (7) Lease or purchase land for library buildings; (8) Lease, purchase, or erect an appropriate building or buildings for library purposes, and acquire such other property as may be needed therefor; (9) Purchase books, periodicals, maps, and supplies for the library; and (10) Do all other acts necessary for the orderly and efficient management and control of the library. [1982 c 123 § 9; 1941 c 65 § 8; 1935 c 119 § 9; Rem. Supp. 1941 § 8226-9. Prior: 1909 c 116 § 5; 1901 c 166 § 5.] *Reviser’s note: RCW 27.08.010 was repealed by 1987 c 330 § 402. See RCW 27.04.055 for qualifications of librarians. 27.12.212 Community revitalization financing— Public improvements. In addition to other authority that a rural county library district or intercounty rural library district possesses, a rural county library district or an intercounty rural library district may provide any public improvement as defined under RCW 39.89.020, but this additional authority is limited to participating in the financing of the public improvements as provided under RCW 39.89.050. This section does not limit the authority of a rural county library district or intercounty rural library district to otherwise participate in the public improvements if that authority exists elsewhere. [2001 c 212 § 11.] 27.12.212 Severability—2001 c 212: See RCW 39.89.902. 27.12.215 Job recruitment expenditures authorized. The trustees of a library or a library district have the authority to spend funds to recruit job candidates. The trustees have the authority to reimburse job candidates for reasonable and necessary travel expenses including transportation, subsistence, and lodging. [1979 ex.s. c 40 § 1.] 27.12.215 27.12.220 Rural, island, and intercounty rural districts—Budget for capital outlays—Accumulation of funds. The trustees of any rural county library district, any island library district, or any intercounty rural library district may include in the annual budget of such district an item for the accumulation during such year of a specified sum of money to be expended in a future year for the acquisition, enlargement or improvement of real or personal property for library purposes. [1982 c 123 § 10; 1947 c 22 § 1; Rem. Supp. 1947 § 8246a.] 27.12.220 27.12.222 Rural, island, and intercounty rural districts—General obligation bonds—Excess levies. A rural county library district, intercounty rural library district, or island library district may contract indebtedness and issue general obligation bonds not to exceed an amount, together with any outstanding nonvoter approved general obligation indebtedness, equal to one-tenth of one percent of the value of the taxable property within the district, as the term "value of the taxable property" is defined in RCW 39.36.015. The 27.12.222 [Title 27 RCW—page 8] maximum term of nonvoter approved general obligation bonds shall not exceed six years. A rural county library district, island library district, or intercounty rural library district may additionally contract indebtedness and issue general obligation bonds for capital purposes only, together with any outstanding general indebtedness, not to exceed an amount equal to one-half of one percent of the value of the taxable property within the district, as the term "value of the taxable property" is defined in RCW 39.36.015 whenever a proposition authorizing the issuance of such bonds has been approved by the voters of the district pursuant to RCW 39.36.050, by three-fifths of the persons voting on the proposition at which election the number of persons voting on the proposition shall constitute not less than forty percent of the total number of votes cast in such taxing district at the last preceding general election. If the voters shall so authorize at an election held pursuant to RCW 39.36.050, the district may levy annual taxes in excess of normal legal limitations to pay the principal and interest upon such bonds as they shall become due. The excess levies mentioned in this section or in RCW 84.52.052 or 84.52.056 may be made notwithstanding anything contained in RCW 27.12.050 or 27.12.150 or any other statute pertaining to such library districts. [1984 c 186 § 8; 1982 c 123 § 11; 1970 ex.s. c 42 § 3; 1955 c 59 § 1.] Purpose—1984 c 186: See note following RCW 39.46.110. Severability—Effective date—1970 ex.s. c 42: See notes following RCW 39.36.015. Island library districts—Tax levies: RCW 27.12.420. 27.12.223 Bonds—Sale—Security for deposit. Bonds authorized by RCW 27.12.222 shall be issued and sold in accordance with chapter 39.46 RCW. All such bonds shall be legal securities for any bank or trust company for deposit with the state treasurer or any county or city treasurer as security for deposits in lieu of a surety bond under any law relating to deposits of public moneys. [1984 c 186 § 9; 1983 c 167 § 20; 1970 ex.s. c 56 § 6; 1969 ex.s. c 232 § 4; 1955 c 59 § 2.] 27.12.223 Purpose—1984 c 186: See note following RCW 39.46.110. Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Purpose—1970 ex.s. c 56: See note following RCW 39.52.020. Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020. 27.12.240 Annual appropriations—Control of expenditures. After a library shall have been established or library service contracted for, the legislative body of the governmental unit for which the library was established or the service engaged, shall appropriate money annually for the support of the library. All funds for the library, whether derived from taxation or otherwise, shall be in the custody of the treasurer of the governmental unit, and shall be designated by him in some manner for identification, and shall not be used for any but library purposes. The board of trustees shall have the exclusive control of expenditures for library purposes subject to any examination of accounts required by the state and money shall be paid for library purposes only upon vouchers of the board of trustees, without further audit. The board shall not make expenditures or incur indebtedness in any year in excess of the amount of money appropriated and/or available for library purposes. [1965 c 122 § 4; 1941 27.12.240 (2008 Ed.) Public Libraries c 65 § 9; 1939 c 108 § 3; 1935 c 119 § 10; Rem. Supp. 1941 § 8226-10. Prior: 1909 c 116 § 3; 1901 c 166 § 3. Formerly RCW 27.12.240 and 27.12.250.] 27.12.260 Annual report of trustees. At the close of each year the board of trustees of every library shall make a report to the legislative body of the governmental unit wherein the board serves, showing the condition of their trust during the year, the sums of money received for the library fund from taxes and other sources, the sums of money expended and the purposes of the expenditures, the number of books and periodicals on hand, the number added during the year, the number retired, the number loaned out, and such other statistics and information and such suggestions as they deem of public interest. A copy of this report shall be filed with the state librarian. [1935 c 119 § 12; RRS § 8226-12. Prior: 1909 c 116 § 8; 1901 c 166 § 8.] 27.12.320 its facilities or any person whose physical condition is deemed dangerous or offensive to other library users. [1935 c 119 § 15; RRS § 8226-15. Prior: 1909 c 116 § 9, part; 1901 c 166 § 9, part.] 27.12.260 27.12.270 Rules and regulations—Free use of libraries. Every library established or maintained under *this act shall be free for the use of the inhabitants of the governmental unit in which it is located, subject to such reasonable rules and regulations as the trustees find necessary to assure the greatest benefit to the greatest number, except that the trustees may charge a reasonable fee for the use of certain duplicate copies of popular books. [1935 c 119 § 13; RRS § 822613. Prior: 1909 c 116 § 9, part; 1901 c 166 § 9, part.] 27.12.270 *Reviser’s note: Term "this act" was first used in basic act, 1935 c 119 and appeared in subsequent amendments. Chapter 119, Laws of 1935 was codified in RCW 27.08.010, 27.12.010 through 27.12.080, 27.12.180 through 27.12.210, 27.12.230 through 27.12.280, 27.12.290 through 27.12.320, 27.12.330, and 27.12.340. 27.12.280 Use by nonresidents—Exchange of books. The board of trustees of a library, under such rules and regulations as it may deem necessary and upon such terms and conditions as may be agreed upon, may allow nonresidents of the governmental unit in which the library is situated to use the books thereof, and may make exchanges of books with any other library, either permanently or temporarily. [1935 c 119 § 14; RRS § 8226-14. Prior: 1909 c 116 § 10; 1901 c 166 § 10.] 27.12.280 27.12.285 Library services for Indian tribes. The legislature finds that it is necessary to give the several boards of library trustees in this state additional powers in order to effectuate the state’s policy with regard to libraries as set forth in RCW 27.12.020. On and after March 27, 1975 the board of library trustees in any county of this state, in addition to any other powers and duties, is hereby authorized to provide library services to Indian tribes recognized as such by the federal government or to supplement any existing library services of such an Indian tribe. The power granted by this section shall extend beyond the geographic limits of the library district and the county or counties in which the district is located. [1975 c 50 § 1.] 27.12.285 27.12.290 Violators may be excluded. A board of library trustees may exclude from the use of the library under its charge any person who wilfully and persistently violates any rule or regulation prescribed for the use of the library or 27.12.290 (2008 Ed.) 27.12.300 Gifts—Title to property. The title to money or property given to or for the use or benefit of a library shall vest in the board of trustees, to be held and used according to the terms of the gift. [1935 c 119 § 18; RRS § 8226-18. Prior: 1909 c 116 § 20; 1901 c 166 § 20.] 27.12.300 27.12.305 Sale of library materials authorized—Disposition of proceeds. Any public library, including the state library created pursuant to chapter 27.04 RCW, shall have the authority to provide for the sale of library materials developed by the library staff for its use but which are of value to others such as book catalogs, books published by the library, indexes, films, slides, book lists, and similar materials. The library commission, board of library trustees, or other governing authority charged with the direct control of a public library shall determine the prices and quantities of materials to be prepared and offered for sale. Prices shall be limited to the publishing and preparation costs, exclusive of staff salaries and overhead. Any moneys received from the sales of such materials shall be placed in the appropriate library fund. Nothing in this section shall be construed to authorize any library to charge any resident for a library service nor to authorize any library to sell materials to a branch library or library which is part of a depository library system when such materials may be distributed free of cost to such library nor shall this section be construed to prevent, curtail, or inhibit any free distribution programs or exchange programs between libraries or between libraries and other agencies. [1972 ex.s. c 90 § 1.] 27.12.305 27.12.310 Charter provisions superseded. Every existing free public library shall be considered as if established under *this act, and the board of trustees and the legislative body of the governmental unit in which the library is located shall proceed forthwith to make such changes as may be necessary to effect compliance with the terms hereof; and every existing contract for library service shall continue in force and be subject to *this act until the contract be terminated or a library be established by the governmental unit for which the service was engaged. The provisions of *this act shall be construed as superseding the provisions of any municipal charter in conflict herewith. [1935 c 119 § 19; RRS § 8226-19.] 27.12.310 *Reviser’s note: For "this act," see note following RCW 27.12.270. 27.12.320 Dissolution—Disposition of property. A library established or maintained under this chapter (except a regional or a rural county library district library, an intercounty rural library district library, or an island library district library) may be abolished only in pursuance of a vote of the electors of the governmental unit in which the library is located, taken in the manner prescribed in RCW 27.12.030 for a vote upon the establishment of a library. If a library of a city or town be abolished, the books and other printed or writ27.12.320 [Title 27 RCW—page 9] 27.12.321 Title 27 RCW: Libraries, Museums, and Historical Activities ten matter belonging to it shall go to the library of the county whereof the municipality is a part, if there be a county library, but if not, then to the state library. If a library of a county or region be abolished, the books and other printed matter belonging to it shall go to the state library. All other library property shall be disposed of as the legislative body of the governmental unit shall direct. After a rural county library district, an island library district, or an intercounty rural library district has been in operation for three or more years, it may be dissolved pursuant to a majority vote of all of the qualified electors residing outside of incorporated cities and towns voting upon a proposition for its dissolution, at a general election, which proposition may be placed upon the ballot at any such election whenever a petition by ten percent or more qualified voters residing outside of incorporated cities or towns within a rural county library district, an island library district, or an intercounty rural library district requesting such dissolution shall be filed with the board of trustees of such district not less than ninety days prior to the holding of any such election. An island library district may also be dissolved pursuant to RCW 27.12.450. If a rural county library district is dissolved, the books and other printed matter belonging to it shall go to the state library. All other library property shall be disposed of as the legislative body of the governmental unit shall direct. When an intercounty rural library district is dissolved, the books, funds and other property thereof shall be divided among the participating counties in the most equitable manner possible as determined by the state librarian, who shall give consideration to such items as the original source of property, the amount of funds raised from each county by the district, and the ability of the counties to make further use of such property or equipment for library purposes. Printed material which the state librarian finds will not be used by any of the participating counties for further library purposes shall be turned over to the state library. When an island library district is dissolved pursuant to this section, the books and other printed matter belonging to it shall go to the state library. All other library property shall be disposed of as the legislative body of the governmental unit shall direct. When an island library district is dissolved due to the establishment of a county library district, pursuant to RCW 27.12.450, all property, assets, and liabilities of the preexisting island library district within the area included in the county rural library district shall pass to and be assumed by the county rural library district: PROVIDED, That where within any county rural library district heretofore or hereafter organized under the provisions of this chapter a preexisting island library district has incurred a bonded indebtedness which was outstanding at the time of the formation of the county rural library district, the preexisting island library district shall retain its corporate existence insofar as is necessary for the purpose until the bonded indebtedness outstanding against it on and after the effective date of the formation has been paid in full: PROVIDED FURTHER, That a special election may be called by the board of trustees of the county rural library district, to be held at the next general or special election held in the respective counties, for the purpose of affording the voters residing within the area outside of the preexisting island library district an opportunity to assume [Title 27 RCW—page 10] the obligation of the bonded indebtedness of the preexisting island library district or the question may be submitted to the voters as a separate proposition at the election on the proposal for the formation of the county rural library district. [1982 c 123 § 12; 1965 c 122 § 5; 1947 c 75 § 13; 1935 c 119 § 20; Rem. Supp. 1947 § 8226-20. Prior: 1909 c 116 § 19; 1901 c 166 § 19.] 27.12.321 School district public libraries abolished— Disposition of assets. School district public libraries organized under chapter 119, Laws of 1935, as amended prior to *this 1965 amendatory act, are hereby abolished as of January 1, 1966. All assets belonging to any school district public library abolished by this section shall go to the rural county library district of the county in which the school district public library is located. [1965 c 122 § 6.] 27.12.321 *Reviser’s note: For codification of "this 1965 amendatory act" [1965 ex.s. c 122], see Codification Tables, Volume 0. 27.12.330 Penalty for injury to property. Whoever intentionally injures, defaces, or destroys any property belonging to or deposited in any public library, reading room, or other educational institution, shall be guilty of a misdemeanor. [1935 c 119 § 16; RRS § 8226-16. Prior: 1909 c 116 § 11; 1901 c 166 § 11.] 27.12.330 27.12.340 Wilfully retaining books—Infraction. It is a class 4 civil infraction for any person to wilfully retain any book, newspaper, magazine, pamphlet, manuscript, or other property belonging in or to any public library, reading room, or other educational institution, for thirty days after notice in writing to return the same, given after the expiration of the time that by the rules of such institution such article or other property may be kept. [1987 c 456 § 29; 1935 c 119 § 17; RRS § 8226-17. Prior: 1909 c 116 § 12; 1901 c 166 § 12.] 27.12.340 Legislative finding—1987 c 456: See RCW 7.80.005. Effective date—1987 c 456 §§ 9-31: See RCW 7.80.901. 27.12.350 Executory conditional sales contracts for purchase of property—Limit on indebtedness—Election, when. See RCW 39.30.010. 27.12.350 27.12.355 Rural county library district, island library district, or intercounty rural library district— Withdrawal or reannexation of areas. (1) As provided in this section, a rural county library district, island library district, or intercounty rural library district may withdraw areas from its boundaries, or reannex areas into the library district that previously had been withdrawn from the library district under this section. (2) The withdrawal of an area shall be authorized upon: (a) Adoption of a resolution by the board of trustees requesting the withdrawal and finding that, in the opinion of the board, inclusion of this area within the library district will result in a reduction of the district’s tax levy rate under the provisions of RCW 84.52.010; and (b) adoption of a resolution by the city or town council approving the withdrawal, if the area is located within the city or town, or adoption of a resolution by the county legislative authority of the county 27.12.355 (2008 Ed.) Public Libraries within which the area is located approving the withdrawal, if the area is located outside of a city or town. A withdrawal shall be effective at the end of the day on the thirty-first day of December in the year in which the resolutions are adopted, but for purposes of establishing boundaries for property tax purposes, the boundaries shall be established immediately upon the adoption of the second resolution. The authority of an area to be withdrawn from a library district as provided under this section is in addition, and not subject, to the provisions of RCW 27.12.380. The withdrawal of an area from the boundaries of a library district shall not exempt any property therein from taxation for the purpose of paying the costs of redeeming any indebtedness of the library district existing at the time of the withdrawal. (3) An area that has been withdrawn from the boundaries of a library district under this section may be reannexed into the library district upon: (a) Adoption of a resolution by the board of trustees proposing the reannexation; and (b) adoption of a resolution by the city or town council approving the reannexation, if the area is located within the city or town, or adoption of a resolution by the county legislative authority of the county within which the area is located approving the reannexation, if the area is located outside of a city or town. The reannexation shall be effective at the end of the day on the thirty-first day of December in the year in which the adoption of the second resolution occurs, but for purposes of establishing boundaries for property tax purposes, the boundaries shall be established immediately upon the adoption of the second resolution. Referendum action on the proposed reannexation may be taken by the voters of the area proposed to be reannexed if a petition calling for a referendum is filed with the city or town council, or county legislative authority, within a thirty-day period after the adoption of the second resolution, which petition has been signed by registered voters of the area proposed to be reannexed equal in number to ten percent of the total number of the registered voters residing in that area. If a valid petition signed by the requisite number of registered voters has been so filed, the effect of the resolutions shall be held in abeyance and a ballot proposition to authorize the reannexation shall be submitted to the voters of the area at the next special election date according to RCW 29A.04.330. Approval of the ballot proposition authorizing the reannexation by a simple majority vote shall authorize the reannexation. [2006 c 344 § 18; 1987 c 138 § 1.] Effective date—2006 c 344 §§ 1-16 and 18-40: See note following RCW 29A.04.311. 27.12.390 the library board of the city or town for its review and recommendations. If no library board exists in the city or town, the state librarian shall be notified of the proposed ordinance. If the board of trustees of the library district concurs in the annexation, notification thereof shall be transmitted to the legislative authority or authorities of the counties in which the city or town is situated. [1982 c 123 § 13; 1981 c 26 § 3; 1977 ex.s. c 353 § 1.] 27.12.370 Annexation of city or town into library district—Special election procedure. The county legislative authority or authorities shall by resolution call a special election to be held in such city or town at the next special election date according to RCW 29A.04.321, and shall cause notice of such election to be given as provided for in RCW 29A.52.351. The election on the annexation of the city or town into the library district shall be conducted by the auditor of the county or counties in which the city or town is located in accordance with the general election laws of the state and the results thereof shall be canvassed by the canvassing board of the county or counties. No person shall be entitled to vote at such election unless he or she is registered to vote in said city or town for at least thirty days preceding the date of the election. The ballot proposition shall be in substantially the following form: 27.12.370 "Shall the city or town of . . . . . . be annexed to and be a part of . . . . . . library district? â YES .......................... NO .......................... â" If a majority of the persons voting on the proposition shall vote in favor thereof, the city or town shall thereupon be annexed and shall be a part of such library district. [2006 c 344 § 19; 1982 c 123 § 14; 1977 ex.s. c 353 § 2.] Effective date—2006 c 344 §§ 1-16 and 18-40: See note following RCW 29A.04.311. 27.12.380 Annexation of city or town into library district—Withdrawal of annexed city or town. The legislative body of such a city or town which has annexed to such a library district, may, by resolution, present to the voters of such city or town a proposition to withdraw from said library district at any general election held at least three years following the annexation to the library district. [1982 c 123 § 15; 1977 ex.s. c 353 § 3.] 27.12.380 27.12.390 Annexation of city or town into library district—Tax levies. The annual tax levy authorized by RCW 27.12.050, 27.12.150, and 27.12.420 shall be imposed throughout the library district, including any city or town annexed thereto. Any city or town annexed to a rural library district, island library district, or intercounty rural library district shall be entitled to levy up to three dollars and sixty cents per thousand dollars of assessed valuation less any regular levy made by such library district in the incorporated area, notwithstanding any other provision of law: PROVIDED, That the limitations upon regular property taxes imposed by chapter 84.55 RCW shall apply. [1982 c 123 § 16; 1977 ex.s. c 353 § 4.] 27.12.390 27.12.360 Annexation of city or town into rural county library district, island library district, or intercounty rural library district—Initiation procedure. Any city or town with a population of one hundred thousand or less at the time of annexation may become a part of any rural county library district, island library district, or intercounty rural library district lying contiguous thereto by annexation in the following manner: The inclusion of such a city or town may be initiated by the adoption of an ordinance by the legislative authority thereof stating its intent to join the library district and finding that the public interest will be served thereby. Before adoption, the ordinance shall be submitted to 27.12.360 (2008 Ed.) [Title 27 RCW—page 11] 27.12.395 Title 27 RCW: Libraries, Museums, and Historical Activities 27.12.395 Annexation of city or town into library district—Assumption of liabilities. (1) All liabilities of a city or town that is annexed to a rural county library district or intercounty rural library district, which liabilities were incurred for the purpose of or in the course of acquiring, operating, or maintaining a library or libraries, may, if provided for in the ordinance providing for annexation and in the resolution of the district consenting to annexation, pass to and be assumed by the rural county library district or intercounty rural library district. Notwithstanding the foregoing, if the city or town has incurred any voted bonded indebtedness for the purpose of acquiring, operating, or maintaining a library or libraries, and if the indebtedness is outstanding at the time of the annexation, the voted bonded indebtedness shall not be assumed by the annexing district. (2) Notwithstanding subsection (1) of this section, if the annexed city or town has outstanding at the time of the annexation any voted bonded indebtedness incurred for the purpose of acquiring, operating, or maintaining a library or libraries, a special election may be called by the board of trustees of the rural county library district or intercounty rural library district, to be held at the next general or special election held in the applicable county or counties, for the purpose of affording the voters residing within the area of the district outside the annexed city or town an opportunity to assume the voted bonded indebtedness of the annexed city or town upon the assent of three-fifths of the voters. [1985 c 392 § 1.] 27.12.395 27.12.400 Island library districts—Establishment— Procedure. The procedure for the establishment of an island library district shall be as follows: (1) Petitions signed by at least ten percent of the registered voters of the island, outside of the area of incorporated cities and towns, asking that the question, "Shall an island library district be established?" be submitted to a vote of the people of the island, shall be filed with the board of county commissioners. (2) The board of county commissioners, after having determined that the petitions were signed by the requisite number of qualified petitioners, shall place the proposition for the establishment of an island library district on the ballot for the vote of the people of the island, outside incorporated cities and towns, at the next succeeding general or special election. (3) If a majority of those voting on the proposition vote in favor of the establishment of the island library district, the board of county commissioners shall forthwith declare it established. [1982 c 123 § 2.] 27.12.400 27.12.410 Island library districts—Restrictions on establishment. An island library district may not be established if there is in existence a library district serving all of the area of the county not included within the area of incorporated cities and towns. [1982 c 123 § 3.] 27.12.410 27.12.420 Island library districts—Board of trustees—Tax levies. Immediately following the establishment of an island library district, the board of county commissioners shall appoint a board of library trustees for the district in accordance with RCW 27.12.190. The board of trustees shall appoint a librarian for the district. 27.12.420 [Title 27 RCW—page 12] Funds for the establishment and maintenance of the library service of the district shall be provided by the board of county commissioners by means of an annual tax levy on the property in the district of not more than fifty cents per thousand dollars of assessed value per year. The tax levy shall be based on a budget to be compiled by the board of trustees of the island library district who shall determine the tax rate necessary and certify their determination to the board of county commissioners. Excess levies authorized pursuant to RCW 27.12.222, 84.52.052, or 84.52.056 shall be at a rate determined by the board of trustees of the island library district and certified to the board of county commissioners. [1982 c 123 § 4.] 27.12.430 Island library districts—Name may be adopted. The board of trustees of an island library district may adopt a name by which the district shall be known and under which it shall transact all of its business. [1982 c 123 § 6.] 27.12.430 27.12.440 Island library districts—Powers and limitations for indebtedness. Except as otherwise specifically provided, island library districts and the trustees thereof shall have the same powers and limitations as are prescribed by RCW 27.12.060 through 27.12.070 for rural county library districts and shall follow the same procedures and be subject to the same limitations as are provided therein with respect to the contracting of indebtedness. [1982 c 123 § 5.] 27.12.440 27.12.450 Island library districts—Dissolution, when. If after an island library district serving a single island has been established, a rural county library district serving all of the area of the county not included within the area of incorporated cities and towns is established as provided in RCW 27.12.040, the district serving the single island in the county shall be dissolved. [1982 c 123 § 7.] 27.12.450 Dissolution of library districts: RCW 27.12.320. 27.12.470 Rural partial-county library districts. A rural partial-county library district may be created in a portion of the unincorporated area of a county as provided in this section if a rural county library district, intercounty rural library district, or island library district has not been created in the county. The procedure to create a rural partial-county library district is initiated by the filing of petitions with the county auditor proposing the creation of the district that have been signed by at least ten percent of the registered voters residing in the area proposed to be included in the rural partial-county library district. The county auditor shall review the petitions and certify the sufficiency or insufficiency of the signatures to the county legislative authority. If the petitions are certified as having sufficient valid signatures, the county legislative authority shall hold a public hearing on the proposed rural partial-county library district, may adjust the boundaries of the proposed district, and may cause a ballot proposition to be submitted to the voters of the proposed rural partial-county library district authorizing its creation if the county legislative authority finds that the creation of the rural partial-county library district is in the public 27.12.470 (2008 Ed.) Library Capital Facility Areas interest. A subsequent public hearing shall be held if additional territory is added to the proposed rural partial-county library district by action of the county legislative authority. The rural partial-county library district shall be created if the ballot proposition authorizing the creation of the district is approved by a simple majority vote of the voters voting on the proposition. Immediately after creation of the rural partial-county library district the county legislative authority shall appoint a board of library trustees for the district as provided under RCW 27.12.190. Except as provided in this section, a rural partial-county library district is subject to all the provisions of law applicable to a rural county library district and shall have all the powers, duties, and authorities of a rural county library district, including, but not limited to, the authority to impose property taxes, incur debt, and annex a city or town with a population of less than one hundred thousand at the time of the annexation that is located in the same county as the rural partial-county library district. Adjacent unincorporated territory in the county may be annexed to a rural partial-county library district in the same manner as territory is annexed to a water-sewer district, except that an annexation is not subject to potential review by a boundary review board. If, at the time of creation, a rural partial-county library district has an assessed valuation of less than fifty million dollars, it may provide library services only by contracting for the services through an interlocal agreement with an adjacent library district, or an adjacent city or town that maintains its own library. If the assessed valuation of the rural partialcounty library district subsequently reaches fifty million dollars as a result of annexation or appreciation, the fifty million dollar limitation shall not apply. If a ballot proposition is approved creating a rural county library district in the county, every rural partial-county library district in that county shall be dissolved and its assets and liabilities transferred to the rural county library district. Where a rural partial-county library district has annexed a city or town, the voters of the city or town shall be allowed to vote on the proposed creation of a rural county library district and, if created, the rural county library district shall include each city and town that was annexed to the rural partialcounty library district. Nothing in this section authorizes the consolidation of a rural partial-county library district with any rural county library district; island library district; city, county, or regional library; intercounty library district; or other rural partialcounty library district, unless, in addition to any other requirements imposed by statute, the boards of all library districts involved approve the consolidation. [1999 c 153 § 25; 1994 c 198 § 2; 1993 c 284 § 1.] Part headings not law—1999 c 153: See note following RCW 57.04.050. Chapter 27.15 RCW Chapter 27.15 LIBRARY CAPITAL FACILITY AREAS Sections 27.15.005 27.15.010 (2008 Ed.) Findings. Definitions. 27.15.020 27.15.030 27.15.040 27.15.050 27.15.060 27.15.020 Request to establish library capital facility area—Ballot propositions. Governing body. Authority to construct, acquire, maintain, and remodel facilities—Interlocal agreements—Legal title. Financing—Bonds authorized. Dissolution of library capital facility area. 27.15.005 Findings. The legislature finds that it is in the interests of the people of the state of Washington to be able to establish library capital facility areas as quasi-municipal corporations and independent taxing units existing within the boundaries of existing rural county library districts, rural intercounty library districts, rural partial-county library districts, or island library districts, for the purpose of financing the construction of capital library facilities. [1995 c 368 § 1.] 27.15.005 27.15.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Library district" means rural county library district, rural intercounty library district, rural partial-county library district, or island library district. (2) "Library capital facility area" means a quasi-municipal corporation and independent taxing authority within the meaning of Article VII, section 1 of the state Constitution, and a taxing district within the meaning of Article VII, section 2 of the state Constitution, created by a county legislative authority of one or several counties. A library capital facility area may include all or a portion of a city or town. (3) "Library capital facilities" includes both real and personal property including, but not limited to, land, buildings, site improvements, equipment, furnishings, collections, and all necessary costs related to acquisition, financing, design, construction, equipping, and remodeling. [1995 c 368 § 2.] 27.15.010 27.15.020 Request to establish library capital facility area—Ballot propositions. Upon receipt of a completed written request to both establish a library capital facility area and submit a ballot proposition under RCW 27.15.050 to finance library capital facilities, that is signed by a majority of the members of the board of trustees of a library district or board of trustees of a city or town library, the county legislative authority or county legislative authorities for the county or counties in which a proposed library capital facility area is to be established shall submit separate ballot propositions to voters to authorize establishing the proposed library capital facility area and authorizing the library capital facility area, if established, to finance library capital facilities by issuing general indebtedness and imposing excess levies to retire the indebtedness. The ballot propositions shall be submitted to voters at a general or special election. If the proposed election date is not a general election, the county legislative authority is encouraged to request an election when another unit of local government with territory located in the proposed library capital facility area is already holding a special election under *RCW 29.13.020. Approval of the ballot proposition to create a library capital facility area shall be by a simple majority vote. A completed request submitted under this section shall include: (1) A description of the boundaries of the library 27.15.020 [Title 27 RCW—page 13] 27.15.030 Title 27 RCW: Libraries, Museums, and Historical Activities capital facility area; and (2) a copy of the resolution of the legislative authority of each city or town, and board of trustees of each library district, with territory included within the proposed library capital facility area indicating both: (a) Its approval of the creation of the proposed library capital facility area; and (b) agreement on how election costs will be paid for submitting ballot propositions to voters that authorize the library capital facility area to incur general indebtedness and impose excess levies to retire the general indebtedness. [1996 c 258 § 1; 1995 c 368 § 3.] lishing of the library capital facility area is submitted. If the proposed election date is not a general election, the county legislative authority is encouraged to request an election when another unit of local government with territory located in the proposed library capital facility area is already holding a special election under *RCW 29.13.020. (2) A library capital facility area may accept gifts or grants of money or property of any kind for the same purposes for which it is authorized to borrow money in subsection (1) of this section. [1996 c 258 § 2; 1995 c 368 § 6.] *Reviser’s note: RCW 29.13.020 was recodified as RCW 29A.04.330 pursuant to 2003 c 111 § 2401, effective July 1, 2004. *Reviser’s note: RCW 29.13.020 was recodified as RCW 29A.04.330 pursuant to 2003 c 111 § 2401, effective July 1, 2004. 27.15.030 Governing body. The governing body of the library capital facility area shall be three members of the county legislative authority from each county in which the library capital facility area is located. In counties that have more than three members of their legislative body, the three members who shall serve on the governing body of the library capital facility area shall be chosen by the full membership of the county legislative authority. Where the library capital facility area is located in more than one county, a county may be represented by less than three members by mutual agreement of the legislative authorities of the participating counties. [1995 c 368 § 4.] 27.15.060 Dissolution of library capital facility area. (1) A library capital facility area may be dissolved by a majority vote of the governing body when all obligations under any general obligation bonds issued by the library capital facility area have been discharged and any other contractual obligations of the library capital facility area have either been discharged or assumed by another governmental entity. (2) A library capital facility area shall be dissolved by the governing body if the first two ballot propositions under RCW 27.15.050 that are submitted to voters are not approved. [1995 c 368 § 7.] 27.15.030 27.15.060 Chapter 27.18 27.15.040 Authority to construct, acquire, maintain, and remodel facilities—Interlocal agreements—Legal title. A library capital facilities [facility] area may construct, acquire, maintain, and remodel library capital facilities and the governing body of the library capital facility area may, by interlocal agreement or otherwise, contract with a county, city, town, or library district to design, administer the construction of, operate, or maintain a library capital facility financed pursuant to this chapter. Legal title to library capital facilities acquired or constructed pursuant to this chapter may be transferred, acquired, or held by the library capital facility area or by a county, city, town, or library district in which the facility is located. [1995 c 368 § 5.] 27.15.040 27.15.050 Financing—Bonds authorized. (1) A library capital facility area may contract indebtedness or borrow money to finance library capital facilities and may issue general obligation bonds for such purpose not exceeding an amount, together with any existing indebtedness of the library capital facility area, equal to one and one-quarter percent of the value of the taxable property in the district and impose excess property tax levies to retire the general indebtedness as provided in RCW 39.36.050 if a ballot proposition authorizing both the indebtedness and excess levies is approved by at least three-fifths of the voters of the library capital facility area voting on the proposition, and the total number of voters voting on the proposition constitutes not less than forty percent of the total number of voters in the library capital facility area voting at the last preceding general election. The term "value of the taxable property" has the meaning set forth in RCW 39.36.015. Such a proposition shall be submitted to voters at a general or special election and may be submitted to voters at the same election as the election when the ballot proposition authorizing the estab27.15.050 [Title 27 RCW—page 14] Chapter 27.18 RCW INTERSTATE LIBRARY COMPACT Sections 27.18.010 27.18.020 27.18.030 27.18.040 27.18.050 Definitions. Compact enacted—Provisions. Compact administrator—Deputies—Library agreements, submittal. Compliance with tax and bonding laws enjoined. Withdrawal—Compact administrator to send and receive notices. 27.18.010 Definitions. As used in this chapter, except where the context otherwise requires: (1) "Compact" means the interstate library compact. (2) "Public library agency", with reference to this state, means the state library and any county or city library or any regional library, rural county library district library, island library district library, or intercounty rural library district library. (3) "State library agency", with reference to this state, means the commissioners of the state library. [1982 c 123 § 17; 1965 ex.s. c 93 § 1.] 27.18.010 27.18.020 Compact enacted—Provisions. The interstate library compact hereby is enacted into law and entered into by this state with all states legally joining therein in the form substantially as follows: 27.18.020 INTERSTATE LIBRARY COMPACT ARTICLE I. POLICY AND PURPOSE Because the desire for the services provided by libraries transcends governmental boundaries and can most effectively be satisfied by giving such services to communities and people regardless of jurisdictional lines, it is the policy of the states party to this compact to cooperate and share their (2008 Ed.) Interstate Library Compact responsibilities; to authorize cooperation and sharing with respect to those types of library facilities and services which can be more economically or efficiently developed and maintained on a cooperative basis; and to authorize cooperation and sharing among localities, states and others in providing joint or cooperative library services in areas where the distribution of population or of existing and potential library resources make the provision of library service on an interstate basis the most effective way of providing adequate and efficient service. ARTICLE II. DEFINITIONS As used in this compact: (a) "Public library agency" means any unit or agency of local or state government operating or having power to operate a library. (b) "Private library agency" means any nongovernmental entity which operates or assumes a legal obligation to operate a library. (c) "Library agreement" means a contract establishing an interstate library district pursuant to this compact or providing for the joint or cooperative furnishing of library services. ARTICLE III. INTERSTATE LIBRARY DISTRICTS (a) Any one or more public library agencies in a party state in cooperation with any public library agency or agencies in one or more other party states may establish and maintain an interstate library district. Subject to the provisions of this compact and any other laws of the party states which pursuant hereto remain applicable, such district may establish, maintain and operate some or all of the library facilities and services for the area concerned in accordance with the terms of a library agreement therefor. Any private library agency or agencies within an interstate library district may cooperate therewith, assume duties, responsibilities and obligations thereto, and receive benefits therefrom as provided in any library agreement to which such agency or agencies become party. (b) Within an interstate library district, and as provided by a library agreement, the performance of library functions may be undertaken on a joint or cooperative basis or may be undertaken by means of one or more arrangements between or among public or private library agencies for the extension of library privileges to the use of facilities or services operated or rendered by one or more of the individual library agencies. (c) If a library agreement provides for joint establishment, maintenance or operation of library facilities or services by an interstate library district, such district shall have power to do any one or more of the following in accordance with such library agreement: 1. Undertake, administer and participate in programs or arrangements for securing, lending or servicing books and other publications, any other materials suitable to be kept or made available by libraries, library equipment or for the dissemination of information about libraries, the value and significance of particular items therein, and the use thereof. 2. Accept for any of its purposes under this compact any and all donations, and grants of money, equipment, supplies, materials, and services, (conditional or otherwise), from any state or the United States or any subdivision or agency (2008 Ed.) 27.18.020 thereof, or interstate agency, or from any institution, person, firm or corporation, and receive, utilize and dispose of the same. 3. Operate mobile library units or equipment for the purpose of rendering bookmobile service within the district. 4. Employ professional, technical, clerical and other personnel, and fix terms of employment, compensation and other appropriate benefits; and where desirable, provide for the inservice training of such personnel. 5. Sue and be sued in any court of competent jurisdiction. 6. Acquire, hold, and dispose of any real or personal property or any interest or interests therein as may be appropriate to the rendering of library service. 7. Construct, maintain and operate a library, including any appropriate branches thereof. 8. Do such other things as may be incidental to or appropriate for the carrying out of any of the foregoing powers. ARTICLE IV. INTERSTATE LIBRARY DISTRICTS, GOVERNING BOARD (a) An interstate library district which establishes, maintains or operates any facilities or services in its own right shall have a governing board which shall direct the affairs of the district and act for it in all matters relating to its business. Each participating public library agency in the district shall be represented on the governing board which shall be organized and conduct its business in accordance with provision therefor in the library agreement. But in no event shall a governing board meet less often than twice a year. (b) Any private library agency or agencies party to a library agreement establishing an interstate library district may be represented on or advise with the governing board of the district in such manner as the library agreement may provide. ARTICLE V. STATE LIBRARY AGENCY COOPERATION Any two or more state library agencies of two or more of the party states may undertake and conduct joint or cooperative library programs, render joint or cooperative library services, and enter into and perform arrangements for the cooperative or joint acquisition, use, housing and disposition of items or collections of materials which, by reason of expense, rarity, specialized nature, or infrequency of demand therefor would be appropriate for central collection and shared use. Any such programs, services or arrangements may include provision for the exercise on a cooperative or joint basis of any power exercisable by an interstate library district and an agreement embodying any such program, service or arrangement shall contain provisions covering the subjects detailed in Article VI of this compact for interstate library agreements. ARTICLE VI. LIBRARY AGREEMENTS (a) In order to provide for any joint or cooperative undertaking pursuant to this compact, public and private library agencies may enter into library agreements. Any agreement executed pursuant to the provisions of this compact shall, as among the parties to the agreement: [Title 27 RCW—page 15] 27.18.030 Title 27 RCW: Libraries, Museums, and Historical Activities 1. Detail the specific nature of the services, programs, facilities, arrangements or properties to which it is applicable. 2. Provide for the allocation of costs and other financial responsibilities. 3. Specify the respective rights, duties, obligations and liabilities of the parties. 4. Set forth the terms and conditions for duration, renewal, termination, abrogation, disposal of joint or common property, if any, and all other matters which may be appropriate to the proper effectuation and performance of the agreement. (b) No public or private library agency shall undertake to exercise itself, or jointly with any other library agency, by means of a library agreement any power prohibited to such agency by the constitution or statutes of its state. (c) No library agreement shall become effective until filed with the compact administrator of each state involved, and approved in accordance with Article VII of this compact. ARTICLE VII. APPROVAL OF LIBRARY AGREEMENTS (a) Every library agreement made pursuant to this compact shall, prior to and as a condition precedent to its entry into force, be submitted to the attorney general of each state in which a public library agency party thereto is situated, who shall determine whether the agreement is in proper form and compatible with the laws of his state. The attorneys general shall approve any agreement submitted to them unless they shall find that it does not meet the conditions set forth herein and shall detail in writing addressed to the governing bodies of the public library agencies concerned the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted hereunder within ninety days of its submission shall constitute approval thereof. (b) In the event that a library agreement made pursuant to this compact shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control and shall be approved or disapproved by him or it as to all matters within his or its jurisdiction in the same manner and subject to the same requirements governing the action of the attorneys general pursuant to paragraph (a) of this article. This requirement of submission and approval shall be in addition to and not in substitution for the requirement of submission to and approval by the attorneys general. ARTICLE VIII. OTHER LAWS APPLICABLE Nothing in this compact or in any library agreement shall be construed to supersede, alter or otherwise impair any obligation imposed on any library by otherwise applicable law, nor to authorize the transfer or disposition of any property held in trust by a library agency in a manner contrary to the terms of such trust. ARTICLE IX. APPROPRIATIONS AND AID (a) Any public library agency party to a library agreement may appropriate funds to the interstate library district [Title 27 RCW—page 16] established thereby in the same manner and to the same extent as to a library wholly maintained by it and, subject to the laws of the state in which such public library agency is situated, may pledge its credit in support of an interstate library district established by the agreement. (b) Subject to the provisions of the library agreement pursuant to which it functions and the laws of the states in which such district is situated, an interstate library district may claim and receive any state and federal aid which may be available to library agencies. ARTICLE X. COMPACT ADMINISTRATOR Each state shall designate a compact administrator with whom copies of all library agreements to which his state or any public library agency thereof is party shall be filed. The administrator shall have such other powers as may be conferred upon him by the laws of his state and may consult and cooperate with the compact administrators of other party states and take such steps as may effectuate the purposes of this compact. If the laws of a party state so provide, such state may designate one or more deputy compact administrators in addition to its compact administrator. ARTICLE XI. ENTRY INTO FORCE AND WITHDRAWAL (a) This compact shall enter into force and effect immediately upon its enactment into law by any two states. Thereafter, it shall enter into force and effect as to any other state upon the enactment thereof by such state. (b) This compact shall continue in force with respect to a party state and remain binding upon such state until six months after such state has given notice to each other party state of the repeal thereof. Such withdrawal shall not be construed to relieve any party to a library agreement entered into pursuant to this compact from any obligation of that agreement prior to the end of its duration as provided therein. ARTICLE XII. CONSTRUCTION AND SEVERABILITY This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. [1965 ex.s. c 93 § 2.] 27.18.030 Compact administrator—Deputies— Library agreements, submittal. The state librarian shall be the compact administrator pursuant to Article X of the compact. The state librarian shall appoint one or more deputy compact administrators. Every library agreement made pursuant to Article VI of the compact shall, as a condition precedent to its entry into force, be submitted to the state librarian for his recommendations. [1965 ex.s. c 93 § 3.] 27.18.030 (2008 Ed.) County Law Libraries 27.18.040 Compliance with tax and bonding laws enjoined. No regional library, county library, rural county library district library, island library district library, intercounty rural library district library, or city library of this state shall be a party to a library agreement which provides for the construction or maintenance of a library pursuant to Article III, subdivision (c-7) of the compact, nor levy a tax or issue bonds to contribute to the construction or maintenance of such a library, except after compliance with any laws applicable to regional libraries, county libraries, rural county library district libraries, island library district libraries, intercounty rural library district libraries, or city libraries relating to or governing the levying of taxes or the issuance of bonds. [1982 c 123 § 18; 1965 ex.s. c 93 § 4.] 27.18.040 27.18.050 Withdrawal—Compact administrator to send and receive notices. In the event of withdrawal from the compact the compact administrator shall send and receive any notices required by Article XI(b) of the compact. [1965 ex.s. c 93 § 5.] 27.18.050 Chapter 27.20 Chapter 27.20 RCW STATE LAW LIBRARY Sections 27.20.030 27.20.040 27.20.050 Library part of judicial branch. State law librarian and assistants—Appointment, tenure, compensation. Duties of law librarian. 27.20.030 Library part of judicial branch. The state law library shall be a part of the judicial branch of state government and shall be under the exclusive jurisdiction and control of the supreme court. [1959 c 188 § 1.] 27.20.030 Committee abolished: "The state law library committee is hereby abolished." [1959 c 188 § 5.] Provisions relating to the state law library committee were formerly codified in chapter 43.36 RCW but were repealed by 1959 c 188 § 6. 27.20.040 State law librarian and assistants— Appointment, tenure, compensation. The supreme court shall appoint a state law librarian, who may be removed at its pleasure. The librarian shall receive such compensation only as shall be fixed by the court. The court may also appoint and fix the salaries of such assistants and clerical personnel as may be required. [1959 c 188 § 2.] 27.20.040 Rules of court: SAR 18. 27.20.050 Duties of law librarian. The duties of the state law librarian shall be as prescribed by statute and by rules of court. [1959 c 188 § 3.] 27.20.050 Duties of state law librarian relative to session laws, legislative journals and supreme court reports: Chapter 40.04 RCW. Chapter 27.24 Chapter 27.24 RCW COUNTY LAW LIBRARIES Sections 27.24.010 27.24.020 27.24.030 (2008 Ed.) Establishment. Board of trustees—Composition—Terms. Powers of board. 27.24.040 27.24.062 27.24.066 27.24.067 27.24.068 27.24.070 27.24.090 27.24.900 27.24.020 Annual report. Establishment of regional law libraries. Library rooms and service. Free use of library. Establishment of county law library—Trustee—Free use of library. Portion of filing fees for county or regional law library. Discontinuance of fees. Effective date—1992 c 62. 27.24.010 Establishment. Each county with a population of eight thousand or more shall have a county law library, which shall be governed and maintained as hereinafter provided. [1992 c 62 § 1; 1919 c 84 § 1; RRS § 8247.] 27.24.010 27.24.020 Board of trustees—Composition—Terms. (1) Unless a regional law library is created pursuant to RCW 27.24.062, every county with a population of three hundred thousand or more must have a board of law library trustees consisting of five members to be constituted as follows: The chairman of the county legislative authority is an ex officio trustee, the judges of the superior court of the county shall choose two of their number to be trustees, and the members of the county bar association shall choose two members of the bar of the county to be trustees. (2) Unless a regional law library is created pursuant to RCW 27.24.062, every county with a population of eight thousand or more but less than three hundred thousand must have a board of law library trustees consisting of five members to be constituted as follows: The chairman of the county legislative authority is an ex officio trustee, the judges of the superior court of the county shall choose one of their number to be a trustee, and the members of the county bar association shall choose three members of the county to be trustees. If there is no county bar association, then the lawyers of the county shall choose three of their number to be trustees. (3) If a county has a population of less than eight thousand, then the provisions contained in RCW 27.24.068 shall apply to the establishment and operation of the county law library. (4) If a regional law library is created pursuant to RCW 27.24.062, then it shall be governed by one board of trustees. The board shall consist of the following representatives from each county: The judges of the superior court of the county shall choose one of their number to be a trustee, the county legislative authority shall choose one of their number to be a trustee, and the members of the county bar association shall choose one member of the bar of the county to be a trustee. If there is no county bar association, then the lawyers of the county shall choose one of their number to be a trustee. (5) The term of office of a member of the board who is a judge is for as long as he or she continues to be a judge, and the term of a member who is from the bar is four years. Vacancies shall be filled as they occur and in the manner directed in this section. The office of trustee shall be without salary or other compensation. The board shall elect one of their number president and the librarian shall act as secretary, except that in counties with a population of eight thousand or more but less than three hundred thousand, the board shall elect one of their number to act as secretary if no librarian is appointed. Meetings shall be held at least once per year, and if more often, then at such times as may be prescribed by rule. [2005 c 63 § 2; 1992 c 62 § 2; 1919 c 84 § 2; RRS § 8248.] 27.24.020 [Title 27 RCW—page 17] 27.24.030 Title 27 RCW: Libraries, Museums, and Historical Activities 27.24.030 Powers of board. The board of law library trustees shall have power: (1) To make and enforce rules for their own procedure and for the government, care and use of the library, and for the guidance of employees. (2) To remove any trustee, except an ex officio trustee, for neglect to attend the meetings of the board. (3) To employ a librarian and assistants and to prescribe their duties, fix their compensation and remove them at will. (4) To purchase books, periodicals and other property suitable for the library and to accept gifts and bequests of money and property for the library, and to sell property which is unsuitable or not needed for the library. (5) To examine and approve for payment claims and demands payable out of the county law library fund. [1919 c 84 § 3; RRS § 8249.] 27.24.030 27.24.040 Annual report. The board of law library trustees shall, on or before the first Monday in September of each year, make a report to the county legislative authority of their county giving the condition of their trust, with a full statement of all property received and how used, the number of books and other publications on hand, the number added by purchase, gift or otherwise during the preceding year, the number lost or missing, and such other information as may be of public interest, together with a financial report showing all receipts and disbursements of money. [1992 c 62 § 3; 1919 c 84 § 4; RRS § 8250.] 27.24.040 27.24.062 Establishment of regional law libraries. Two or more counties each with a population of from eight thousand to less than one hundred twenty-five thousand at the time of creation of the regional law library may, by agreement of the respective law library boards of trustees as described in RCW 27.24.020(2), create a regional law library and establish and maintain one principal law library at such location as the regional board of trustees may determine will best suit the needs of the users: PROVIDED, HOWEVER, That there shall be at all times a law library in such size as the board of trustees may determine necessary to be located at the courthouse where each superior court is located. [2005 c 63 § 1; 1992 c 62 § 4; 1991 c 363 § 18; 1971 ex.s. c 141 § 1; 1943 c 195 § 1; 1933 c 167 § 1; 1925 ex.s. c 94 § 1; Rem. Supp. 1943 § 8254-1.] 27.24.062 Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. 27.24.068 Establishment of county law library— Trustee—Free use of library. In each county with a population of less than eight thousand, there may be a county law library which shall be governed and maintained by the prosecuting attorney who shall also serve as trustee of such library without additional salary or other compensation. The use of the county law library shall be free to the judges of the state, to state and county officials, and to members of the bar, and to such others as the prosecuting attorney may by rule provide. [1991 c 363 § 19; 1975 c 37 § 1.] 27.24.068 Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. 27.24.070 Portion of filing fees for county or regional law library. In each county pursuant to this chapter, the county treasurer shall deposit in the county or regional law library fund a sum equal to seventeen dollars for every new probate or civil filing fee, including appeals and for every fee for filing a counterclaim, cross-claim, or third-party claim in any civil action, collected by the clerk of the superior court and seven dollars for every fee collected for the commencement of a civil action and for the filing of a counterclaim, cross-claim, or third-party claim in any civil action in district court for the support of the law library in that county or the regional law library to which the county belongs: PROVIDED, That upon a showing of need the seventeen dollar contribution may be increased up to twenty dollars or in counties with multiple library sites up to thirty dollars upon the request of the law library board of trustees and with the approval of the county legislative body or bodies. [2005 c 457 § 16; 1992 c 54 § 6; 1985 c 389 § 2; 1984 c 258 § 310; 1979 c 126 § 1; 1971 ex.s. c 141 § 3; 1969 c 25 § 2; 1961 c 304 § 9; 1957 c 31 § 1; 1953 c 249 § 1. Prior: (i) 1937 c 32 § 1, part; 1919 c 84 § 8, part; RRS § 8254, part. (ii) 1933 c 167 § 2, part; 1925 ex.s. c 94 § 3, part; RRS § 8254-3, part. (iii) 1943 c 195 § 2; Rem. Supp. 1943 § 8254-9.] 27.24.070 Intent—2005 c 457: See note following RCW 43.08.250. Effective date—1992 c 54: See note following RCW 36.18.020. Effective date—1985 c 389: "Sections 2 through 9 of this act are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1985." [1985 c 389 § 10.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Intent—1984 c 258: See note following RCW 3.34.130. County clerk’s fees: RCW 36.18.020. District courts, filing fees in civil cases: RCW 3.62.060. 27.24.066 Library rooms and service. The county legislative authority of each county that is required to maintain a county law library shall upon demand by the board of law library trustees, provide a room suitable for the law library, with adequate heat, light, and janitor service. [1992 c 62 § 5; 1933 c 167 § 3, part; RRS § 8254-7.] 27.24.066 27.24.067 Free use of library. The use of the county law library shall be free to the judges of the state, to state and county officials, and to members of the bar, and to such others as the board of trustees may by rule provide. Residents of counties with a population of three hundred thousand or more shall have free use of the law library. [1992 c 62 § 6; 1933 c 167 § 3, part; RRS § 8254-8.] 27.24.067 [Title 27 RCW—page 18] 27.24.090 Discontinuance of fees. The collection of the fees directed in RCW 27.24.070 shall be discontinued whenever the board of trustees of a county library or the prosecuting attorney, as the case may be, files with the county clerk and clerks of the district courts a written resolution to the effect that the county library fund in its county is sufficient for all present needs, which resolution shall remain effective until it is later rescinded. Upon its rescission, the county clerk and clerks of the district courts shall resume the collection of such fees. [1987 c 202 § 188; 1975 c 37 § 2; 1953 c 249 § 3; 1933 c 167 § 2, part; 1925 ex.s. c 94 § 3, part; RRS § 8254-3, part.] 27.24.090 Intent—1987 c 202: See note following RCW 2.04.190. (2008 Ed.) State Historical Societies—Historic Preservation 27.24.900 Effective date—1992 c 62. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect April 1, 1992. [1992 c 62 § 10.] 27.24.900 Chapter 27.34 Chapter 27.34 RCW STATE HISTORICAL SOCIETIES— HISTORIC PRESERVATION Sections 27.34.010 27.34.020 27.34.060 27.34.070 27.34.075 27.34.080 27.34.200 27.34.220 27.34.230 27.34.240 27.34.250 27.34.260 27.34.270 27.34.280 27.34.330 27.34.350 27.34.360 27.34.365 27.34.370 27.34.375 27.34.380 27.34.390 27.34.395 27.34.400 27.34.405 27.34.410 27.34.415 27.34.900 27.34.906 27.34.910 27.34.915 27.34.916 Purpose. Definitions. State historical societies—Budget requests. State historical societies—Powers and duties. Educational publications printing. State historical societies—Appointment of directors— Removal. Archaeology and historic preservation—Legislative declaration. Director—Powers. Director—Duties. Apportionment of grants. Advisory council on historic preservation—Members. Advisory council—Compensation and reimbursement of members. Advisory council—Duties. Advisory council, heritage council—Financial and administrative services. Heritage capital projects—Proposals for funding—Prioritized list. Governor’s award for excellence in teaching history. Women’s history consortium—Created—Washington state historical society as managing agency. Women’s history consortium—Board of advisors. Women’s history consortium—Responsibilities of board of advisors. Women’s history consortium—Responsibilities. Women’s history consortium—Report to the legislature. Vancouver national historic reserve. Vancouver national historic reserve—Designated partner representative—Duties of Washington state historical society. Heritage barn preservation program. Heritage barn preservation advisory board—Report. Heritage barn preservation fund. Cemeteries—Burial sites—Centralized database. State capital historical museum. Pickett House—In trust—Reverter. Effective date—1983 c 91. Severability—1993 c 101. Effective date—1993 c 101. Archaeological sites and resources: Chapter 27.53 RCW. Historic preservation—Authority of county, city, or town to acquire property, borrow money, issue bonds, etc.: RCW 35.21.395, 36.32.435. 27.34.010 Purpose. The legislature finds that those articles and properties which illustrate the history of the state of Washington should be maintained and preserved for the use and benefit of the people of the state. It is the purpose of this chapter to designate the two state historical societies as trustees of the state for these purposes, and to establish: (1) A comprehensive and consistent statewide policy pertaining to archaeology, history, historic preservation, and other historical matters; (2) Statewide coordination of historical programs; and (3) A coordinated budget for all state historical agencies. [1993 c 101 § 9; 1983 c 91 § 1.] 27.34.010 Findings—1993 c 101: "The legislature finds that: (1) There is a strong community of interest between the Washington state historical society and the state capital historical association. This community of interest is expressed through many common goals, missions, and heritage programs, as well as a close geographic proximity between these (2008 Ed.) 27.34.020 two state historical agencies. (2) The capacity to preserve our state’s rich and diverse heritage and the unique political and cultural history of the state capital will be strengthened if the programs of both agencies are combined into a single, cohesive entity. (3) In a time of limited state resources, operational efficiencies and savings can be achieved if the programs and personnel of both agencies are managed by a single entity. It is, therefore, the purpose of this act to transfer the powers and duties of the state historical agency known as the state capital historical association to the Washington state historical society. However, it is the intent of the legislature that as the consolidation of these two agencies occurs, the unique missions and programs of the state capital historical association and the state capital historical museum be preserved." [1993 c 101 § 1.] 27.34.020 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter: (1) "Advisory council" means the advisory council on historic preservation. (2) "Department" means the department of archaeology and historic preservation. (3) "Director" means the director of the department of archaeology and historic preservation. (4) "Federal act" means the national historic preservation act of 1966 (Public Law 89-655; 80 Stat. 915). (5) "Heritage barn" means any large agricultural outbuilding used to house animals, crops, or farm equipment, that is over fifty years old and has been determined by the department to: (a) Be eligible for listing on the Washington heritage register or the national register of historic places; or (b) have been listed on a local historic register and approved by the advisory council. In addition to barns, "heritage barn" includes agricultural resources such as milk houses, sheds, silos, or other outbuildings, that are historically associated with the working life of the farm or ranch, if these outbuildings are on the same property as a heritage barn. (6) "Heritage council" means the Washington state heritage council. (7) "Historic preservation" includes the protection, rehabilitation, restoration, identification, scientific excavation, and reconstruction of districts, sites, buildings, structures, and objects significant in American and Washington state history, architecture, archaeology, or culture. (8) "Preservation officer" means the state historic preservation officer as provided for in RCW 43.334.020. (9) "Project" means programs leading to the preservation for public benefit of historical properties, whether by state and local governments or other public bodies, or private organizations or individuals, including the acquisition of title or interests in, and the development of, any district, site, building, structure, or object that is significant in American and Washington state history, architecture, archaeology, or culture, and property used in connection therewith, or for its development. (10) "State historical agencies" means the state historical societies and the department. (11) "State historical societies" means the Washington state historical society and the eastern Washington state historical society. (12) "Cultural resource management plan" means a comprehensive plan which identifies and organizes information on the state of Washington’s historic, archaeological, and 27.34.020 [Title 27 RCW—page 19] 27.34.060 Title 27 RCW: Libraries, Museums, and Historical Activities architectural resources into a set of management criteria, and which is to be used for producing reliable decisions, recommendations, and advice relative to the identification, evaluation, and protection of these resources. [2007 c 333 § 5; 2005 c 333 § 13; 1995 c 399 § 13; 1993 c 101 § 10; 1986 c 266 § 9; 1983 c 91 § 2.] Finding—Purpose—2007 c 333: See note following RCW 27.34.400. Findings—1993 c 101: See note following RCW 27.34.010. Severability—1986 c 266: See note following RCW 38.52.005. Transfer of powers and duties of office of archaeology and historic preservation—Construction of statutory references: See note following RCW 38.52.005. 27.34.060 State historical societies—Budget requests. Each state historical society shall submit its budget requests to the heritage council for review and comment. [1983 c 91 § 6.] 27.34.060 27.34.070 State historical societies—Powers and duties. (1) Each state historical society is designated a trustee for the state whose powers and duties include but are not limited to the following: (a) To collect, catalog, preserve, and interpret objects, manuscripts, sites, photographs, and other materials illustrative of the cultural, artistic, and natural history of this state; (b) To operate state museums and assist and encourage cultural and historical studies and museum interpretive efforts throughout the state, including those sponsored by local historical organizations, and city, county, and state agencies; (c) To engage in cultural, artistic, and educational activities, including classes, exhibits, seminars, workshops, and conferences if these activities are related to the basic purpose of the society; (d) To plan for and conduct celebrations of significant events in the history of the state of Washington and to give assistance to and coordinate with state agencies, local governments, and local historical organizations in planning and conducting celebrations; (e) To create one or more classes of membership in the society; (f) To engage in the sale of various articles which are related to the basic purpose of the society; (g) To engage in appropriate fund-raising activities for the purpose of increasing the self-support of the society; (h) To accept gifts, grants, conveyances, bequests, and devises, of real or personal property, or both, in trust or otherwise, and sell, lease, exchange, invest, or expend the same or the proceeds, rents, profits, and income therefrom except as limited by the donor’s terms. The governing boards of the state historical societies shall adopt rules to govern and protect the receipt and expenditure of the proceeds, rents, profits, and income of all such gifts, grants, conveyances, bequests, and devises; (i) To accept on loan or lend objects of historical interest, and sell, exchange, divest itself of, or refuse to accept, items which do not enhance the collection; and (j) To charge general or special admission fees to its museums or exhibits and to waive or decrease such fees as it finds appropriate. (2) All objects, sites, manuscripts, photographs, and all property, including real property, now held or hereafter acquired by the state historical societies shall be held by the societies in trust for the use and benefit of the people of Washington state. [2005 c 333 § 14; 1983 c 91 § 7.] 27.34.075 27.34.075 Educational publications printing. The provisions of chapter 43.78 RCW shall not apply to the printing of educational publications of the state historical societies. [1994 c 82 § 2.] 27.34.080 27.34.080 State historical societies—Appointment of directors—Removal. The governing board of each state historical society shall appoint its respective director with the consent of the governor. The governor may remove a director for cause or if a majority of the society’s governing board votes for removal. [1983 c 91 § 8.] 27.34.070 [Title 27 RCW—page 20] 27.34.200 27.34.200 Archaeology and historic preservation— Legislative declaration. The legislature hereby finds that the promotion, enhancement, perpetuation, and use of structures, sites, districts, buildings, and objects of historic, archaeological, architectural, and cultural significance is desirable in the interest of the public pride and general welfare of the people of the state; and the legislature further finds that the economic, cultural, and aesthetic standing of the state can be maintained and enhanced by protecting the heritage of the state and by preventing the destruction or defacement of these assets; therefore, it is hereby declared by the legislature to be the public policy and in the public interest of the state to designate, preserve, protect, enhance, and perpetuate those structures, sites, districts, buildings, and objects which reflect outstanding elements of the state’s historic, archaeological, architectural, or cultural heritage, for the inspiration and enrichment of the citizens of the state. [1983 c 91 § 10.] 27.34.220 27.34.220 Director—Powers. The director or the director’s designee is authorized: (1) To promulgate and maintain the Washington heritage register of districts, sites, buildings, structures, and objects significant in American or Washington state history, architecture, archaeology, and culture, and to prepare comprehensive statewide historic surveys and plans and research and evaluation of surveyed resources for the preparation of nominations to the Washington heritage register and the national register of historic places, in accordance with criteria approved by the advisory council established under RCW 27.34.250. Nominations to the national register of historic places shall comply with any standards and regulations promulgated by the United States secretary of the interior for the preservation, acquisition, and development of such properties. Nominations to the Washington heritage register shall comply with rules adopted under this chapter. (2) To establish a program of matching grants-in-aid to public agencies, public or private organizations, or individuals for projects having as their purpose the preservation for public benefit of properties that are significant in American or Washington state history, architecture, archaeology, and culture. (2008 Ed.) State Historical Societies—Historic Preservation (3) To promote historic preservation efforts throughout the state, including private efforts and those of city, county, and state agencies. (4) To enhance the effectiveness of the state preservation program through the initiation of legislation, the use of varied funding sources, the creation of special purpose programs, and contact with state, county, and city officials, civic groups, and professionals. (5) To spend funds, subject to legislative appropriation and the availability of funds, where necessary to assist the Indian tribes of Washington state in removing prehistoric human remains for scientific examination and reburial, if the human remains have been unearthed inadvertently or through vandalism and if no other public agency is legally responsible for their preservation. (6) To consult with the governor and the legislature on issues relating to the conservation of the man-made environment and their impact on the well-being of the state and its citizens. (7) To charge fees for professional and clerical services provided by the *office. (8) To adopt such rules, in accordance with chapter 34.05 RCW, as are necessary to carry out RCW 27.34.200 through 27.34.280. [1997 c 145 § 1; 1987 c 505 § 8; 1986 c 266 § 11; 1985 c 64 § 2; 1983 c 91 § 12.] *Reviser’s note: Powers, duties, and functions of the office of archaeology and historic preservation were transferred to the department of archaeology and historic preservation pursuant to 2005 c 333 § 12. Severability—1986 c 266: See note following RCW 38.52.005. 27.34.230 Director—Duties. The director or the director’s designee shall: (1) Receive, administer, and disburse such gifts, grants, and endowments from private sources as may be made in trust or otherwise for the purposes of RCW 27.34.200 through 27.34.220 or the federal act; and (2) Develop and implement a cultural resource management plan. [2005 c 333 § 15; 1986 c 266 § 12; 1983 c 91 § 13.] 27.34.230 Severability—1986 c 266: See note following RCW 38.52.005. 27.34.330 (c) A representative from the Washington archaeological community; and (d) A native American. (2) Each member of the council shall serve a four-year term. (3) A vacancy in the council shall not affect its powers, but shall be filled in the same manner as the original appointment for the balance of the unexpired term. (4) The chairperson of the council shall be designated by the governor. (5) Five members of the council shall constitute a quorum. [1995 c 150 § 1. Prior: 1993 c 185 § 1; 1993 c 101 § 12; 1983 c 91 § 15.] Effective date—1993 c 185: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 30, 1993." [1993 c 185 § 2.] Findings—1993 c 101: See note following RCW 27.34.010. 27.34.260 Advisory council—Compensation and reimbursement of members. The directors of the state historical societies shall serve as members of the advisory council on historic preservation without additional compensation. All other members of the advisory council shall be reimbursed for travel expenses incurred in the performance of the duties of the council in accordance with RCW 43.03.050 and 43.03.060. [1983 c 91 § 18.] 27.34.260 27.34.270 Advisory council—Duties. The advisory council shall: (1) Advise the governor and the department on matters relating to historic preservation; recommend measures to coordinate activities of state and local agencies, private institutions, and individuals relating to historic preservation; and advise on the dissemination of information pertaining to such activities; and (2) Review and recommend nominations for the national register of historic places to the preservation officer and the director. [1997 c 145 § 2; 1986 c 266 § 14; 1983 c 91 § 17.] 27.34.270 Severability—1986 c 266: See note following RCW 38.52.005. 27.34.280 Advisory council, heritage council— Financial and administrative services. The department shall provide administrative and financial services to the advisory council on historic preservation and to the Washington state heritage council. [1986 c 266 § 15; 1983 c 91 § 16.] 27.34.280 27.34.240 Apportionment of grants. The amounts made available for grants to the public agencies, public or private organizations, or individuals for projects for each fiscal year shall be apportioned among program applicants by the director or the director’s designee, with the advice of the preservation officer, in accordance with needs as contained in statewide archaeology and historic preservation plans developed by the department. [1986 c 266 § 13; 1983 c 91 § 14.] 27.34.240 Severability—1986 c 266: See note following RCW 38.52.005. 27.34.250 Advisory council on historic preservation—Members. (1) There is hereby established an advisory council on historic preservation, which shall be composed of nine members appointed by the governor as follows: (a) A representative of a local or state heritage organization; (b) Six members of the public who are interested and experienced in matters to be considered by the council including the fields of history, architecture, and archaeology; 27.34.250 (2008 Ed.) Severability—1986 c 266: See note following RCW 38.52.005. 27.34.330 Heritage capital projects—Proposals for funding—Prioritized list. The Washington state historical society shall establish a competitive process to solicit proposals for and prioritize heritage capital projects for potential funding in the state capital budget. The society shall adopt rules governing project eligibility and evaluation criteria. Application for funding of specific projects may be made to the society by local governments, public development authorities, nonprofit corporations, tribal governments, and other entities, as determined by the society. The society, with the advice of leaders in the heritage field, including but not limited to representatives from the office of the secretary of state, the eastern Washington state historical society, and the 27.34.330 [Title 27 RCW—page 21] 27.34.350 Title 27 RCW: Libraries, Museums, and Historical Activities department of archaeology and historic preservation, shall establish and submit a prioritized list of heritage capital projects to the governor and the legislature in the society’s biennial capital budget request. The list shall include a description of each project, the amount of recommended state funding, and documentation of nonstate funds to be used for the project. The total amount of recommended state funding for projects on a biennial project list shall not exceed ten million dollars. The prioritized list shall be developed through open and public meetings and the amount of state funding shall not exceed thirty-three percent of the total cost of the project. The nonstate portion of the total project cost may include cash, the value of real property when acquired solely for the purpose of the project, and in-kind contributions. The department shall not sign contracts or otherwise financially obligate funds under this section until the legislature has approved a specific list of projects. In contracts for grants authorized under this section, the society shall include provisions requiring that capital improvements be held by the grantee for a specified period of time appropriate to the amount of the grant and that facilities be used for the express purpose of the grant. If the grantee is found to be out of compliance with provisions of the contract, the grantee shall repay to the state general fund the principal amount of the grant plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the date of authorization of the grant. [2006 c 371 § 232; (2006 c 371 § 231 expired June 30, 2007). Prior: (2005 c 333 § 16 expired June 30, 2007); 2005 c 160 § 3; 1999 c 295 § 2; 1995 c 182 § 2.] Reviser’s note: This section has two effective dates. Section 239, chapter 371, Laws of 2006 provided that "section 232 of this act" takes effect June 30, 2007, and section 242, chapter 371, Laws of 2006 provided that "this act" takes effect immediately [March 31, 2006]. Effective date—2006 c 371 § 232: "Section 232 of this act takes effect June 30, 2007." [2006 c 371 § 239.] Expiration dates—2006 c 371 §§ 229 and 231: "(1) Section 229 of this act expires June 30, 2011. (2) Section 231 of this act expires June 30, 2007." [2006 c 371 § 238.] Part headings not law—Severability—Effective date—2006 c 371: See notes following RCW 43.325.040. Expiration date—2005 c 333 §§ 16-18: "Sections 16 through 18 of this act expire June 30, 2007." [2005 c 333 § 26.] Findings—1995 c 182: "The legislature finds that the state of Washington has a rich heritage in historical sites and artifacts that have the potential to provide life-long learning opportunities for citizens of the state. Further, the legislature finds that many of these historical treasures are not readily accessible to citizens, and that there is a need to create an ongoing program to support the capital needs of heritage organizations and facilities." [1995 c 182 § 1.] 27.34.350 Governor’s award for excellence in teaching history. (1) Many people throughout the state contribute significantly to the promotion of historical study as a means to give the state’s citizens a better sense of the past. The Washington state historical society recognizes the accomplishments of many men and women in the teaching professions whose skill and achievement in the inculcating of historic values are not given the recognition nor the support they deserve or given the encouragement to continue their work. (2) The governor’s award for excellence in teaching history is created to annually recognize teachers and public and private nonprofit historical organizations that have orga27.34.350 [Title 27 RCW—page 22] nized, conducted, published, or offered on a consistently exemplary basis, outstanding activities that promote a better understanding and appreciation of the state’s history. One cash award to an individual teacher and one cash award to an organization shall be made each year. The sums described in this section shall be raised through solicitations from private donors. (3) The Washington state historical society’s board of trustees shall make the final determination of award recipients. [1997 c 263 § 1.] 27.34.360 Women’s history consortium—Created— Washington state historical society as managing agency. (1) A women’s history consortium is created with the Washington state historical society as the managing agency. To ensure geographic, demographic, and subject matter diversity, the consortium shall be managed by a board of advisors representing a range of perspectives, including private citizens, business, labor, historical societies, colleges and universities, educators, tribes, and public officials. Appointment of the board of advisors must be completed by September 30, 2005. (2) The consortium is attached to the Washington state historical society as the managing agency. Accordingly, the agency shall: (a) Direct and supervise the budgeting, recordkeeping, recording, and related administrative and clerical functions of the consortium; (b) Include the consortium’s budgetary requests in the society’s departmental budget; (c) Collect all nonappropriated revenues for the consortium and deposit them in the proper fund or account; (d) Provide staff support for the consortium; (e) Print and disseminate for the consortium any required notices, rules, or orders adopted by the consortium; and (f) Allocate or otherwise provide office space for the consortium as may be necessary. [2005 c 391 § 2.] 27.34.360 Finding—Intent—2005 c 391: "The legislature finds that Washington state is widely recognized as being a steady leader in advancing rights and opportunities for women in all spheres of life. The legislature declares its intent to initiate the establishment of a Washington women’s history consortium. This will improve the availability of historical information about the many actions taken by Washingtonians which have resulted in such notable and influential achievements for women and girls, for use by citizens, educators, researchers, and historians." [2005 c 391 § 1.] 27.34.365 Women’s history consortium—Board of advisors. The board of advisors shall consist of fifteen members. The governor shall appoint eleven members to the board of advisors. Two members of the senate, one each representing the two largest caucuses of the senate, shall be appointed by the president of the senate, and two members of the house of representatives, one each representing the two largest caucuses of the house of representatives[,] shall be appointed by the speaker of the house of representatives. [2005 c 391 § 3.] 27.34.365 Finding—Intent—2005 c 391: See note following RCW 27.34.360. 27.34.370 Women’s history consortium—Responsibilities of board of advisors. Key responsibilities of the board of advisors include: 27.34.370 (2008 Ed.) State Historical Societies—Historic Preservation (1) Organizational and fiscal planning, management, and oversight; (2) Adopting criteria and procedures for consortium membership and member responsibilities; (3) Identifying short-term and long-term priorities of the consortium, with special emphasis on short-term priorities relating to preserving historical information from the last several decades before it is lost; (4) Appointing special committees and task forces including people from consortium members and nonmembers to assist with the consortium’s tasks; and (5) Developing recommendations for statewide commemoration of the centennial of the adoption in 1910 of the fifth amendment to the Washington state Constitution, guaranteeing women’s suffrage. [2005 c 391 § 4.] Finding—Intent—2005 c 391: See note following RCW 27.34.360. 27.34.375 Women’s history consortium—Responsibilities. Within available resources, the consortium responsibilities include: (1) Compiling a comprehensive index of existing historically relevant materials and making it available in electronic and print form; (2) Identifying topics, historical periods, materials, or activities not well represented in publicly accessible collections and developing strategies for making them publicly available, including topics related to motherhood and the accomplishments of mothers in Washington; (3) Encouraging collection and preservation of materials important to understanding Washington women’s history, with special emphasis on the last several decades; (4) Referring potential donors of historical materials to appropriate museums, archives, libraries, and other organizations throughout the state; (5) Developing protocols for protection of donations, loans, leases, and purchases of historically relevant materials; (6) Encouraging exhibit development and sharing among member organizations and others; (7) Encouraging public access and educational institution access to women’s history information, materials, and exhibits; (8) Seeking private donations to assist with consortium work; (9) Developing a concept for a grant program; (10) Developing a volunteer program; and (11) Encouraging development of curriculum materials. [2005 c 391 § 5.] 27.34.375 Finding—Intent—2005 c 391: See note following RCW 27.34.360. 27.34.380 Women’s history consortium—Report to the legislature. The consortium board of advisors shall provide a report to the appropriate committees of the legislature by December 1, 2006, addressing the following: (1) Progress on activities identified in RCW 27.34.370 and 27.34.375; and (2) Consortium needs and plans for the future. [2005 c 391 § 6.] 27.34.380 Finding—Intent—2005 c 391: See note following RCW 27.34.360. (2008 Ed.) 27.34.395 27.34.390 Vancouver national historic reserve. The legislature affirms that the state of Washington is partner in the Vancouver national historic reserve as mandated under Public Law 104-333: The omnibus parks and public lands management act of 1996. As such, the state will take an active role in supporting the protection, preservation, interpretation, and rehabilitation of the Vancouver national historic reserve. [2007 c 138 § 2.] 27.34.390 Finding—Purpose—2007 c 138: "The three hundred sixty-six acre Vancouver national historic reserve was created by Congress through Public Law 104-333: The "omnibus parks and public lands management act of 1996" in recognition of the significant cultural, historic, and natural resources of the area. The historic reserve includes Fort Vancouver national historic site, Pearson airfield, Pearson air museum, officers row, Vancouver barracks, and a section of the Columbia river waterfront. The four legislatively designated partners in the reserve are the national park service, the United States army, the state of Washington, and the city of Vancouver. The Vancouver national historic reserve trust, a 501(c)(3), was created in 1998 as the official nonprofit for the reserve. P.L. 104-333 required that the reserve be administered under a general management plan to be developed no later than three years after the enactment of the law. The management plan was adopted in February 2000 with the state of Washington as one of the signatories. The legislature finds that the state of Washington, as one of four federally designated partners in the Vancouver national historic reserve, should be actively engaged in the protection, preservation, interpretation, and rehabilitation of the historic reserve for the use and benefit of the people of the state. Southwest Washington is a traditionally underserved area of the state with regard to cultural and recreational opportunities. The Vancouver national historic reserve is a unique historic site that offers a variety of historic, cultural, natural, and recreational opportunities and currently serves almost one million visitors per year. From the Hudson’s Bay company fort, the story of the early settlers and fur traders to Vancouver barracks, over one hundred fifty years of military history, to the story of pioneering aviation and the golden age of flight at Pearson field, the historic reserve is unique because of the layers of history visitors can experience in one location. In addition, the historic reserve offers acres of green space and waterfront in the midst of the large Portland/Vancouver metropolitan area. The legislature has declared through RCW 27.34.200 that it is the public policy and in the public interest of the state to designate, preserve, protect, enhance, and perpetuate those structures, sites, districts, buildings, and objects that reflect outstanding elements of the state’s historic, archaeological, architectural, or cultural heritage, for the inspiration and enrichment of the people of the state. The Vancouver national historic reserve is on both the state and federal registers as a historic district and encompasses some of the richest historic, archaeological, architectural, and cultural resources in the state. It is the purpose of this act to: (1) Confirm the role of the state of Washington in the development and management of the Vancouver national historic reserve; (2) Identify the role of state agencies in the Vancouver national historic reserve; and (3) Establish an account in the state treasury through the Washington state historical society for funds designated specifically for the Vancouver national historic reserve." [2007 c 138 § 1.] 27.34.395 Vancouver national historic reserve—Designated partner representative—Duties of Washington state historical society. The legislature affirms that the Washington state historical society is the state’s designated partner representative for the Vancouver national historic reserve. Accordingly, the Washington state historical society shall: (1) Participate in the regularly scheduled coordination meetings of the Vancouver national historic reserve partners; (2) Participate in the development of management, education, and interpretive plans and policies associated with the Vancouver national historic reserve; (3) Partner with Washington State University and other agencies for purposes of managing the center for Columbia 27.34.395 [Title 27 RCW—page 23] 27.34.400 Title 27 RCW: Libraries, Museums, and Historical Activities river history, headquartered on the Vancouver national historic reserve, and with the department for preservation and rehabilitation of the site; and (4) Develop and submit to the office of financial management and the legislature operating and capital budget requests concurrent with the biennial cycle and oversee the management of all funds appropriated by the state for the Vancouver national historic reserve. [2007 c 138 § 3.] Finding—Purpose—2007 c 138: See note following RCW 27.34.390. 27.34.400 Heritage barn preservation program. (1) The Washington state heritage barn preservation program is created in the department. (2) The director, in consultation with the heritage barn preservation advisory board, shall conduct a thematic study of Washington state’s barns. The study shall include a determination of types, an assessment of the most unique and significant barns in the state, and a condition and needs assessment of historic barns in the state. (3)(a) The department, in consultation with the heritage barn preservation advisory board, shall establish a heritage barn recognition program. To apply for recognition as a heritage barn, the barn owner shall supply to the department photos of the barn, photos of the farm and surrounding landscape, a brief history of the farm, and a construction date for the barn. (b) Three times a year, the governor’s advisory council on historic places shall review the list of barns submitted by the department for formal recognition as a heritage barn. (4) Eligible applicants for heritage barn preservation fund awards include property owners, nonprofit organizations, and local governments. (5) To apply for support from the heritage barn preservation fund, an applicant must submit an application to the department in a form prescribed by the department. Applicants must provide at least fifty percent of the cost of the project through in-kind labor, the applicant’s own moneys, or other funding sources. (6) The following types of projects are eligible for funding: (a) Stabilization of endangered heritage barns and related agricultural buildings, including but not limited to repairs to foundations, sills, windows, walls, structural framework, and the repair and replacement of roofs; and (b) Work that preserves the historic character, features, and materials of a historic barn. (7) In making awards, the advisory board shall consider the following criteria: (a) Relative historical and cultural significance of the barn; (b) Urgency of the threat and need for repair; (c) Extent to which the project preserves historic character and extends the useful life of the barn or associated agricultural building; (d) Visibility of the barn from a state designated scenic byway or other publicly traveled way; (e) Extent to which the project leverages other sources of financial assistance; (f) Provision for long-term preservation; 27.34.400 [Title 27 RCW—page 24] (g) Readiness of the applicant to initiate and complete the project; and (h) Extent to which the project contributes to the equitable geographic distribution of heritage barn preservation fund awards across the state. (8) In awarding funds, special consideration shall be given to barns that are: (a) Still in agricultural use; (b) Listed on the national register of historic places; or (c) Outstanding examples of their type or era. (9) The conditions in this subsection must be met by recipients of funding in order to satisfy the public benefit requirements of the heritage barn preservation program. (a) Recipients must execute a contract with the department before commencing work. The contract must include a historic preservation easement for between five to fifteen years depending on the amount of the award. The contract must specify public benefit and minimum maintenance requirements. (b) Recipients must proactively maintain their historic barn for a minimum of ten years. (c) Public access to the exterior of properties that are not visible from a public right-of-way must be provided under reasonable terms and circumstances, including the requirement that visits by nonprofit organizations or school groups must be offered at least one day per year. (10) All work must comply with the United States secretary of the interior’s standards for the rehabilitation of historic properties; however, exceptions may be made for the retention or installation of metal roofs on a case-by-case basis. (11) The heritage barn preservation fund shall be acknowledged on any materials produced and in publicity for the project. A sign acknowledging the fund shall be posted at the worksite for the duration of the preservation agreement. (12) Projects must be initiated within one year of funding approval and completed within two years, unless an extension is provided by the department in writing. (13) If a recipient of a heritage barn preservation fund award, or subsequent owner of a property that was assisted by the fund, takes any action within ten years of the funding award with respect to the assisted property such as dismantlement, removal, or substantial alteration, which causes it to be no longer eligible for listing in the Washington heritage register, the fund shall be repaid in full within one year. [2007 c 333 § 2.] Finding—Purpose—2007 c 333: "The legislature finds that historic barns are essential symbols of Washington’s heritage representing a pioneering spirit of industriousness. Important for their association with broad patterns of agricultural history and community development and as examples of distinct architectural styles and methods of construction, historic barns serve as highly visible icons for local residents and visitors alike. The legislature acknowledges that factors such as changes in the agricultural economy and farming technologies, prohibitive rehabilitation costs, development pressures, and regulations restricting new uses, collectively work to endanger historic barns statewide and contribute to their falling into decay or being demolished altogether. As historic barns represent irreplaceable resources, and recognizing that barn preservation will work to retain these structures as functional and economically viable elements of working lands, the purpose of this act is to create a system acknowledging heritage barns statewide that provides emergency assistance to heritage barn owners through matching grants, assesses the need for long-term barn preservation, and considers additional incentives and regulatory revisions that work toward the preservation of heritage barns (2008 Ed.) State Historical Societies—Historic Preservation as integral components of Washington’s historic landscapes." [2007 c 333 § 1.] 27.34.405 Heritage barn preservation advisory board—Report. (Expires December 31, 2010.) (1) The director shall establish a Washington state heritage barn preservation advisory board that includes: (a) Two members representing owners of heritage barns nominated by recognized agricultural organizations; (b) The chair of the advisory council, or the chair’s designee; (c) A representative of a statewide historic preservation organization; (d) A representative of a county heritage commission that is recognized by the department as a certified local government; (e) Two elected county officials, one appointed by the Washington state association of counties and one appointed by the Washington association of county officials; (f) A representative of a private foundation with an interest in the preservation of barns; (g) A representative of a land trust that is experienced with easements; and (h) At least one at large member with appropriate expertise in barn architecture, architectural history, construction, engineering, or a related field. (2) The director may invite representatives of federal agencies that have barn preservation programs or expertise to participate on the advisory board, who shall serve as ex officio members. (3) The director shall work to assure that the advisory board members are from diverse geographic regions of the state. The director may serve as chair, or appoint a person to serve as chair. (4) The advisory board shall provide advice to the director regarding: (a) The criteria for designation of heritage barns; (b) The criteria for determining eligibility for grant funds including contracting provisions between the department and grant recipients. In developing this criteria, the department and the advisory board shall consult with the state attorney general; and (c) The criteria for awarding grants for barn rehabilitation. (5) The advisory board shall examine regulatory issues that impose constraints on the ability to use heritage barns for contemporary economically productive purposes including building and land use codes. (6) By December 1, 2010, the department shall provide a final report to appropriate committees of the legislature that summarizes the accomplishments of the program, addresses regulatory issues examined under subsection (5) of this section, and makes final recommendations. (7) This section expires December 31, 2010. [2007 c 333 § 3.] 27.34.405 Finding—Purpose—2007 c 333: See note following RCW 27.34.400. 27.34.410 Heritage barn preservation fund. (1) The heritage barn preservation fund is created as an account in the state treasury. All receipts from appropriations and private sources must be deposited into the account. Moneys in the 27.34.910 account may be spent only after appropriation. Expenditures from the account may be used only to provide assistance to owners of heritage barns in Washington state in the stabilization and restoration of their barns so that these historic properties may continue to serve the community. (2) The department shall minimize the amount of funds that are used for program administration, which shall include consultation with the department of general administration’s barrier-free facilities program for input regarding accessibility for people with disabilities where public access to historic barns is permitted. (3) The primary public benefit of funding through the heritage barn preservation program is the preservation and enhancement of significant historic properties that provide economic benefit to the state’s citizens and enrich communities throughout the state. [2007 c 333 § 4.] Finding—Purpose—2007 c 333: See note following RCW 27.34.400. 27.34.415 Cemeteries--Burial sites--Centralized database. The department of archaeology and historic preservation shall develop and maintain a centralized database and geographic information systems spatial layer of all known cemeteries and known sites of burials of human remains in Washington state. The information in the database is subject to public disclosure, except as provided in RCW 42.56.300; exempt information is available by confidentiality agreement to federal, state, and local agencies for purposes of environmental review, and to tribes in order to participate in environmental review, protect their ancestors, and perpetuate their cultures. Information provided to state and local agencies under this section is subject to public disclosure, except as provided in RCW 42.56.300. [2008 c 275 § 6.] 27.34.415 Reporting requirements--2008 c 275: See note following RCW 68.50.645. 27.34.900 State capital historical museum. The building and grounds designated as Block 2, Grainger’s Addition to the City of Olympia, County of Thurston, acquired by the state under senate joint resolution No. 18, session of 1939, is hereby designated a part of the state capitol, to be known as the state capital historical museum. This structure is to be used to house and interpret the collection of the Washington state historical society. This section does not limit the society’s use of other structures. [1993 c 101 § 13; 1981 c 253 § 3; 1941 c 44 § 3; Rem. Supp. 1941 § 8265-6. Formerly RCW 27.36.020.] 27.34.900 Findings—1993 c 101: See note following RCW 27.34.010. 27.34.906 Pickett House—In trust—Reverter. Said chapter, by acceptance of such conveyance, shall be deemed to have agreed to hold said property in trust for the state of Washington, and to maintain and keep the same open to the public as an historical site, and, in case of its failure so to do, title to said property shall revert to the state of Washington. [1965 c 31 § 2. Formerly RCW 27.28.022.] 27.34.906 27.34.410 (2008 Ed.) 27.34.910 Effective date—1983 c 91. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its 27.34.910 [Title 27 RCW—page 25] 27.34.915 Title 27 RCW: Libraries, Museums, and Historical Activities existing public institutions, and shall take effect June 30, 1983. [1983 c 91 § 27.] 27.34.915 Severability—1993 c 101. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1993 c 101 § 16.] 27.34.915 27.34.916 Effective date—1993 c 101. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993. [1993 c 101 § 17.] 27.34.916 Chapter 27.40 RCW THOMAS BURKE MEMORIAL WASHINGTON STATE MUSEUM OF UNIVERSITY OF WASHINGTON Chapter 27.40 (Formerly: Museum of University of Washington) Sections 27.40.010 27.40.030 27.40.034 27.40.036 27.40.040 Thomas Burke Memorial Washington State Museum constituted state natural history and anthropology museum. Acceptance of materials from private sources. Permanent acquisition of documents and materials on loan to museum, procedure—Return of stolen documents and materials to owner. Sale or trade of acquired documents or materials—Use of proceeds. Management in board of regents. 27.40.010 Thomas Burke Memorial Washington State Museum constituted state natural history and anthropology museum. The Thomas Burke Memorial Washington State Museum of the University of Washington is hereby constituted the state natural history and anthropology museum as a repository for the preservation, exhibition, interpretation, and conservation of documents and objects of a systematic anthropological, geological, and zoological character for the state. [1985 c 29 § 1; 1899 c 30 § 1; RRS § 8255.] 27.40.010 Effective date—1985 c 29: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on June 30, 1985." [1985 c 29 § 3.] 27.40.030 Acceptance of materials from private sources. This museum may receive all such above named documents or material for preservation and exhibition from any private person under such rules and regulations as the board of regents of the University of Washington may deem proper to make for the care of the aforesaid museum. [1899 c 30 § 3; RRS § 8257.] 27.40.030 27.40.034 Permanent acquisition of documents and materials on loan to museum, procedure—Return of stolen documents and materials to owner. The board of regents may provide, by rule or regulation, for: (1) The permanent acquisition of documents or materials on loan to the state museum at the University of Washington, if the documents or materials have not been claimed by the owner thereof within ninety days after notice is sent by certi27.40.034 [Title 27 RCW—page 26] fied mail, return receipt requested, to the owner at his last known address by the board of regents and if the certified letter be returned because it could not be delivered to the addressee, public notice shall be published by the University of Washington once each week during two successive weeks in a newspaper circulating in the city of Seattle and the county of King describing the unclaimed documents or materials, giving the name of the reputed owner thereof and requesting all persons who may have any knowledge of the whereabouts of the owner to contact the office of the museum of the University of Washington: PROVIDED HOWEVER, That more than one item may be described in each of the notices; (2) The return to the rightful owner of documents or materials in the possession of the museum, which documents or materials are determined to have been stolen: PROVIDED, That any person claiming to be the rightful legal owner of the documents or materials who wishes to challenge the determination by the board shall have the right to commence a declaratory judgment action pursuant to chapter 7.24 RCW in the superior court for King county to determine the validity of his claim of ownership to the documents or materials. [1985 c 469 § 13; 1975 1st ex.s. c 159 § 1.] 27.40.036 Sale or trade of acquired documents or materials—Use of proceeds. Documents or materials acquired under the provisions of RCW 27.40.034 may be sold, or may be traded for other documents or materials. The proceeds from the sale of any such documents or materials may be used to acquire additional documents or materials or may be used to defray the cost of operating the museum. [1975 1st ex.s. c 159 § 2.] 27.40.036 27.40.040 Management in board of regents. The board of regents of the University of Washington ex officio shall have full charge and management of the state museum hereby created. [1899 c 30 § 4; RRS § 8258.] 27.40.040 Chapter 27.44 Chapter 27.44 RCW INDIAN GRAVES AND RECORDS Sections 27.44.020 27.44.030 27.44.040 27.44.050 27.44.055 27.44.900 27.44.901 Examination permitted—Removal to archaeological repository. Intent. Protection of Indian graves—Penalty. Civil action by Indian tribe or member—Time for commencing action—Venue—Damages—Attorneys’ fees. Skeletal human remains—Duty to notify—Ground disturbing activities—Coroner determination—Definitions. Captions not law—1989 c 44. Liberal construction—1989 c 44. 27.44.020 Examination permitted—Removal to archaeological repository. Any archaeologist or interested person may copy and examine such glyptic or painted records or examine the surface of any such cairn or grave, but no such record or archaeological material from any such cairn or grave may be removed unless the same shall be destined for reburial or perpetual preservation in a duly recognized archaeological repository and permission for scientific research and removal of specimens of such records and material has been granted by the state historic preservation officer. 27.44.020 (2008 Ed.) Indian Graves and Records Whenever a request for permission to remove records or material is received, the state historic preservation officer shall notify the affected Indian tribe or tribes. [1985 c 64 § 1; 1977 ex.s. c 169 § 6; 1941 c 216 § 2; Rem. Supp. 1941 § 3207-11.] Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 27.44.030 Intent. The legislature hereby declares that: (1) Native Indian burial grounds and historic graves are acknowledged to be a finite, irreplaceable, and nonrenewable cultural resource, and are an intrinsic part of the cultural heritage of the people of Washington. The legislature recognizes the value and importance of respecting all graves, and the spiritual significance of such sites to the people of this state; (2) There have been reports and incidents of deliberate interference with native Indian and historic graves for profitmaking motives; (3) There has been careless indifference in cases of accidental disturbance of sites, graves, and burial grounds; (4) Indian burial sites, cairns, glyptic markings, and historic graves located on public and private land are to be protected and it is therefore the legislature’s intent to encourage voluntary reporting and respectful handling in cases of accidental disturbance and provide enhanced penalties for deliberate desecration. [1989 c 44 § 1.] 27.44.030 27.44.040 Protection of Indian graves—Penalty. (1) Any person who knowingly removes, mutilates, defaces, injures, or destroys any cairn or grave of any native Indian, or any glyptic or painted record of any tribe or peoples is guilty of a class C felony punishable under chapter 9A.20 RCW. Persons disturbing native Indian graves through inadvertence, including disturbance through construction, mining, logging, agricultural activity, or any other activity, shall reinter the human remains under the supervision of the appropriate Indian tribe. The expenses of reinterment are to be paid by the *office of archaeology and historic preservation pursuant to RCW 27.34.220. (2) Any person who sells any native Indian artifacts or any human remains that are known to have been taken from an Indian cairn or grave, is guilty of a class C felony punishable under chapter 9A.20 RCW. (3) This section does not apply to: (a) The possession or sale of native Indian artifacts discovered in or taken from locations other than native Indian cairns or graves, or artifacts that were removed from cairns or graves as may be authorized by RCW 27.53.060 or by other than human action; or (b) Actions taken in the performance of official law enforcement duties. (4) It shall be a complete defense in the prosecution under this section if the defendant can prove by a preponderance of evidence that the alleged acts were accidental or inadvertent and that reasonable efforts were made to preserve the remains, glyptic, or painted records, or artifacts accidentally disturbed or discovered, and that the accidental discovery or disturbance was properly reported. [1989 c 44 § 2.] 27.44.040 *Reviser’s note: Powers, duties, and functions of the office of archaeology and historic preservation were transferred to the department of archaeology and historic preservation pursuant to 2005 c 333 § 12. (2008 Ed.) 27.44.055 27.44.050 Civil action by Indian tribe or member— Time for commencing action—Venue—Damages— Attorneys’ fees. (1) Apart from any criminal prosecution, an Indian tribe or enrolled member thereof, shall have a civil action to secure an injunction, damages, or other appropriate relief against any person who is alleged to have violated RCW 27.44.040. The action must be brought within two years of the discovery of the violation by the plaintiff. The action may be filed in the superior or tribal court of the county in which the grave, cairn, remains, or artifacts are located, or in the superior court of the county within which the defendant resides. (2) Any conviction pursuant to RCW 27.44.040 shall be prima facia evidence in an action brought under this section. (3) If the plaintiff prevails: (a) The court may award reasonable attorneys’ fees to the plaintiff; (b) The court may grant injunctive or such other equitable relief as is appropriate, including forfeiture of any artifacts or remains acquired or equipment used in the violation. The court shall order the disposition of any items forfeited as the court sees fit, including the reinterment of human remains; (c) The plaintiff shall recover imputed damages of five hundred dollars or actual damages, whichever is greater. Actual damages include special and general damages, which include damages for emotional distress; (d) The plaintiff may recover punitive damages upon proof that the violation was willful. Punitive damages may be recovered without proof of actual damages. All punitive damages shall be paid by the defendant to the *office of archaeology and historic preservation for the purposes of Indian historic preservation and to cover the cost of reinterment expenses by the office; and (e) An award of imputed or punitive damages may be made only once for a particular violation by a particular person, but shall not preclude the award of such damages based on violations by other persons or on other violations. (4) If the defendant prevails, the court may award reasonable attorneys’ fees to the defendant. [1989 c 44 § 3.] 27.44.050 *Reviser’s note: Powers, duties, and functions of the office of archaeology and historic preservation were transferred to the department of archaeology and historic preservation pursuant to 2005 c 333 § 12. 27.44.055 Skeletal human remains—Duty to notify— Ground disturbing activities—Coroner determination— Definitions. (1) Any person who discovers skeletal human remains must notify the coroner and local law enforcement in the most expeditious manner possible. Any person knowing of the existence of human remains and not having good reason to believe that the coroner and local law enforcement has notice thereof and who fails to give notice thereof is guilty of a misdemeanor. (2) Any person engaged in ground disturbing activity and who encounters or discovers skeletal human remains in or on the ground shall: (a) Immediately cease any activity which may cause further disturbance; (b) Make a reasonable effort to protect the area from further disturbance; 27.44.055 [Title 27 RCW—page 27] 27.44.900 Title 27 RCW: Libraries, Museums, and Historical Activities (c) Report the presence and location of the remains to the coroner and local law enforcement in the most expeditious manner possible; and (d) Be held harmless from criminal and civil liability arising under the provisions of this section provided the following criteria are met: (i) The finding of the remains was based on inadvertent discovery; (ii) The requirements of the subsection are otherwise met; and (iii) The person is otherwise in compliance with applicable law. (3) The coroner must make a determination whether the skeletal human remains are forensic or nonforensic within five business days of receiving notification of a finding of such remains provided that there is sufficient evidence to make such a determination within that time period. The coroner will retain jurisdiction over forensic remains. (a) Upon determination that the remains are nonforensic, the coroner must notify the department of archaeology and historic preservation within two business days. The department will have jurisdiction over such remains until provenance of the remains is established. A determination that remains are nonforensic does not create a presumption of removal or nonremoval. (b) Upon receiving notice from a coroner of a finding of nonforensic skeletal human remains, the department must notify the appropriate local cemeteries, and all affected Indian tribes via certified mail to the head of the appropriate tribal government, and contact the appropriate tribal cultural resources staff within two business days of the finding. The determination of what are appropriate local cemeteries to be notified is at the discretion of the department. A notification to tribes of a finding of nonforensic skeletal human remains does not create a presumption that the remains are Indian. (c) The state physical anthropologist must make an initial determination of whether nonforensic skeletal human remains are Indian or non-Indian to the extent possible based on the remains within two business days of notification of a finding of such nonforensic remains. If the remains are determined to be Indian, the department must notify all affected Indian tribes via certified mail to the head of the appropriate tribal government within two business days and contact the appropriate tribal cultural resources staff. (d) The affected tribes have five business days to respond via telephone or writing to the department as to their interest in the remains. (4) For the purposes of this section: (a) "Affected tribes" are: (i) Those federally recognized tribes with usual and accustomed areas in the jurisdiction where the remains were found; (ii) Those federally recognized tribes that submit to the department maps that reflect the tribe’s geographical area of cultural affiliation; and (iii) Other tribes with historical and cultural affiliation in the jurisdiction where the remains were found. (b) "Forensic remains" are those that come under the jurisdiction of the coroner pursuant to RCW 68.50.010. (c) "Inadvertent discovery" has the same meaning as used in RCW 27.44.040. [Title 27 RCW—page 28] (5) Nothing in this section constitutes, advocates, or otherwise grants, confers, or implies federal or state recognition of those tribes that are not federally recognized pursuant to 25 C.F.R. part 83, procedures for establishing that an American Indian group exists as an Indian tribe. [2008 c 275 § 2.] Reporting requirements—2008 c 275: See note following RCW 68.50.645. 27.44.900 Captions not law—1989 c 44. Section captions used in this act do not constitute any part of the law. [1989 c 44 § 10.] 27.44.900 27.44.901 Liberal construction—1989 c 44. This act is to be liberally construed to achieve the legislature’s intent. [1989 c 44 § 11.] 27.44.901 Chapter 27.48 RCW PRESERVATION OF HISTORICAL MATERIALS Chapter 27.48 Sections 27.48.010 27.48.040 27.48.050 Public purpose declared—Powers of counties and municipalities. Capitol furnishings preservation committee—Capitol furnishings preservation committee account. Fund-raising for preservation and restoration of the state legislative building. Preservation and destruction of public records, state archivist: Chapter 40.14 RCW. 27.48.010 Public purpose declared—Powers of counties and municipalities. The storage, preservation and exhibit of historical materials, including, but not restricted to, books, maps, writings, newspapers, ancient articles, and tools of handicraft, antiques, artifacts, and relics is declared to be a public project carried on for public purpose and the legislative body of any county, city or town, may provide quarters therefor within the territorial limits thereof and may provide funds necessary for the proper operation of any such institution already in operation, or otherwise provide for the preservation of historical material covered by this chapter. [1957 c 47 § 1; 1949 c 160 § 1; Rem. Supp. 1949 § 8265-9.] 27.48.010 27.48.040 Capitol furnishings preservation committee—Capitol furnishings preservation committee account. (1) Unless the context clearly requires otherwise, the definitions in this section apply throughout this section. (a) "State capitol group" includes the legislative building, the insurance building, the Cherberg building, the John L. O’Brien building, the Newhouse building, and the temple of justice building. (b) "Historic furnishings" means furniture, fixtures, and artwork fifty years of age or older. (2) The capitol furnishings preservation committee is established to promote and encourage the recovery and preservation of the original and historic furnishings of the state capitol group, prevent future loss of historic furnishings, and review and advise future remodeling and restoration projects as they pertain to historic furnishings. The committee’s authority does not extend to the placement of any historic furnishings within the state capitol group. (3) The capitol furnishings preservation committee account is created in the custody of the state treasurer. All 27.48.040 (2008 Ed.) Archaeological Sites and Resources receipts designated for the account from appropriations and from other sources must be deposited into the account. Expenditures from the account may be used only to finance the activities of the capitol furnishings preservation committee. Only the director of the Washington state historical society or the director’s designee may authorize expenditures from the account when authorized to do so by the committee. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. (4) The committee may: (a) Authorize the director of the Washington state historical society or the director’s designee to expend funds from the capitol furnishings preservation committee account for limited purposes of purchasing and preserving historic furnishings of the state capitol group; (b) Accept monetary donations, grants, and donations of historic furnishings from, but not limited to, (i) current and former legislators, state officials, and lobbyists; (ii) the families of former legislators, state officials, and lobbyists; and (iii) the general public. Moneys received under this section must be deposited in the capitol furnishings preservation committee account; and (c) Engage in or encourage fund-raising activities including the solicitation of charitable gifts, grants, or donations specifically for the limited purpose of the recovery of the original and historic furnishings. (5) The membership of the committee shall include: Two members of the house of representatives, one from each major caucus, appointed by the speaker of the house of representatives; two members of the senate, one from each major caucus, appointed by the president of the senate; the chief clerk of the house of representatives; the secretary of the senate; the governor or the governor’s designee; the lieutenant governor or the lieutenant governor’s designee; a representative from the office of the secretary of state, the office of the state treasurer, the office of the state auditor, and the office of the insurance commissioner; a representative from the supreme court; a representative from the Washington state historical society, the department of general administration, and the Thurston county planning council, each appointed by the governor; and three private citizens, appointed by the governor. (6) Original or historic furnishings from the state capitol group are not surplus property under chapter 43.19 RCW or other authority unless designated as such by the committee. [1999 c 343 § 2.] Findings—Purpose—1999 c 343: "The legislature finds that those historic furnishings that illustrate the history of the state of Washington should be maintained and preserved for the use and benefit of the people of the state. It is the purpose of this act to establish the capitol furnishings preservation committee to increase the awareness of the public and state employees about the significance of the furnishings within the state capitol campus buildings as envisioned by the original architects Wilder and White." [1999 c 343 § 1.] 27.48.050 Fund-raising for preservation and restoration of the state legislative building. State officers and state employees, as those terms are defined in RCW 42.52.010, may engage in or encourage fund-raising activities including the solicitation of charitable gifts, grants, or donations specifically for the limited purpose of preservation and restoration 27.48.050 (2008 Ed.) 27.53.020 of the state legislative building and related educational exhibits and programs. [2002 c 167 § 2.] Findings—2002 c 167: "The legislature finds that the Washington state legislative building is an architecturally significant and irreplaceable building worthy of rehabilitation and enhancement. Not only is it a magnificent building, but it also reflects the essence of self-government and democracy in the state of Washington. The legislature further finds that the state legislative building is an important asset to the citizens of Washington state, allowing them to learn about state government, to research and track legislative activity, to meet with state officials, and to participate in government. The legislature further finds that a combination of public funds and private donations can involve the citizens of Washington state in the building’s rehabilitation and enhancement by engaging the public in the preservation of the state legislative building and raising private funds for restoration and educational efforts." [2002 c 167 § 1.] Effective date—2002 c 167: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 27, 2002]." [2002 c 167 § 4.] Chapter 27.53 RCW ARCHAEOLOGICAL SITES AND RESOURCES Chapter 27.53 Sections 27.53.010 27.53.020 27.53.030 27.53.040 27.53.045 27.53.060 27.53.070 27.53.080 27.53.090 27.53.095 27.53.100 27.53.110 27.53.120 27.53.130 27.53.140 27.53.150 27.53.900 27.53.901 Declaration. Archaeological resource preservation—Designation of department of archaeology and historic preservation—Cooperation among agencies. Definitions. Archaeological resources—Declaration. Abandoned archaeological resources—Declaration. Disturbing archaeological resource or site—Permit required— Conditions—Exceptions—Penalty. Field investigations—Communication of site or resource location to department. Archaeological activities upon public lands—Entry—Agreement—Approval of activities—Information regarding results of studies and activities. Violations—Penalty. Knowing and willful failure to obtain or comply with permit— Penalties. Historic archaeological resources on state-owned aquatic lands—Discovery and report—Right of first refusal. Contracts for discovery and salvage of state-owned historic archaeological resources. Recovery of property from historic archaeological sites—Mitigation of damage—Refusal to issue salvage permit to prevent destruction of resource. List of areas requiring permits. Rule-making authority. Proceeds from state’s property—Deposit and use. Severability—1975 1st ex.s. c 134. Severability—1988 c 124. Department of archaeology and historic preservation: Chapter 43.334 RCW. 27.53.010 Declaration. The legislature hereby declares that the public has an interest in the conservation, preservation, and protection of the state’s archaeological resources, and the knowledge to be derived and gained from the scientific study of these resources. [1975 1st ex.s. c 134 § 1.] 27.53.010 27.53.020 Archaeological resource preservation— Designation of department of archaeology and historic preservation—Cooperation among agencies. The discovery, identification, excavation, and study of the state’s archaeological resources, the providing of information on archaeological sites for their nomination to the state and national registers of historic places, the maintaining of a complete inventory of archaeological sites and collections, and 27.53.020 [Title 27 RCW—page 29] 27.53.030 Title 27 RCW: Libraries, Museums, and Historical Activities the providing of information to state, federal, and private construction agencies regarding the possible impact of construction activities on the state’s archaeological resources, are proper public functions; and the department of archaeology and historic preservation, created under the authority of chapter 43.334 RCW, is hereby designated as an appropriate agency to carry out these functions. The director shall provide guidelines for the selection of depositories designated by the state for archaeological resources. The legislature directs that there shall be full cooperation amongst the department and other agencies of the state. [2005 c 333 § 19; 2002 c 211 § 2; 1986 c 266 § 16; 1977 ex.s. c 195 § 12; 1975-’76 2nd ex.s. c 82 § 1; 1975 1st ex.s. c 134 § 2.] Purpose—2002 c 211: "The purpose of this act is to give the department of community, trade, and economic development the authority to issue civil penalties to enforce the provisions of permits issued under RCW 27.53.060 and to take into consideration prior penalties issued under chapter 27.53 RCW and under comparable federal laws when issuing permits. Additionally, this act provides guidance to state agencies and political subdivisions of the state when approving archaeological activities on public lands." [2002 c 211 § 1.] Severability—1986 c 266: See note following RCW 38.52.005. Severability—1977 ex.s. c 195: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1977 ex.s. c 195 § 20.] 27.53.030 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Archaeology" means systematic, scientific study of man’s past through material remains. (2) "Archaeological object" means an object that comprises the physical evidence of an indigenous and subsequent culture including material remains of past human life including monuments, symbols, tools, facilities, and technological by-products. (3) "Archaeological site" means a geographic locality in Washington, including but not limited to, submerged and submersible lands and the bed of the sea within the state’s jurisdiction, that contains archaeological objects. (4) "Department" means the department of archaeology and historic preservation, created in chapter 43.334 RCW. (5) "Director" means the director of the department of archaeology and historic preservation, created in chapter 43.334 RCW. (6) "Historic" means peoples and cultures who are known through written documents in their own or other languages. As applied to underwater archaeological resources, the term historic shall include only those properties which are listed in or eligible for listing in the Washington State Register of Historic Places (RCW 27.34.220) or the National Register of Historic Places as defined in the National Historic Preservation Act of 1966 (Title 1, Sec. 101, Public Law 89665; 80 Stat. 915; 16 U.S.C. Sec. 470) as now or hereafter amended. (7) "Prehistoric" means peoples and cultures who are unknown through contemporaneous written documents in any language. (8) "Professional archaeologist" means a person with qualifications meeting the federal secretary of the interior’s standards for a professional archaeologist. Archaeologists 27.53.030 [Title 27 RCW—page 30] not meeting this standard may be conditionally employed by working under the supervision of a professional archaeologist for a period of four years provided the employee is pursuing qualifications necessary to meet the federal secretary of the interior’s standards for a professional archaeologist. During this four-year period, the professional archaeologist is responsible for all findings. The four-year period is not subject to renewal. (9) "Amateur society" means any organization composed primarily of persons who are not professional archaeologists, whose primary interest is in the archaeological resources of the state, and which has been certified in writing by two professional archaeologists. (10) "Historic archaeological resources" means those properties which are listed in or eligible for listing in the Washington State Register of Historic Places (RCW 27.34.220) or the National Register of Historic Places as defined in the National Historic Preservation Act of 1966 (Title 1, Sec. 101, Public Law 89-665; 80 Stat. 915; 16 U.S.C. Sec. 470) as now or hereafter amended. [2008 c 275 § 5; 2005 c 333 § 20; 1995 c 399 § 16; 1989 c 44 § 6; 1988 c 124 § 2; 1986 c 266 § 17; 1983 c 91 § 20; 1977 ex.s. c 195 § 13; 1975 1st ex.s. c 134 § 3.] Reporting requirements—2008 c 275: See note following RCW 68.50.645. Intent—1989 c 44: See RCW 27.44.030. Captions not law—Liberal construction—1989 c 44: See RCW 27.44.900 and 27.44.901. Intent—1988 c 124: "It is the intent of the legislature that those historic archaeological resources located on state-owned aquatic lands that are of importance to the history of our state, or its communities, be protected for the people of the state. At the same time, the legislature also recognizes that divers have long enjoyed the recreation of diving near shipwrecks and picking up artifacts from the state-owned aquatic lands, and it is not the intent of the legislature to regulate these occasional, recreational activities except in areas where necessary to protect underwater historic archaeological sites. The legislature also recognizes that salvors who invest in a project to salvage underwater archaeological resources on state-owned aquatic lands should be required to obtain a state permit for their operation in order to protect the interest of the people of the state, as well as to protect the interest of the salvors who have invested considerable time and money in the salvage expedition." [1988 c 124 § 1.] Application—1988 c 124: "This act shall not affect any ongoing salvage effort in which the state has entered into separate contracts or agreements prior to March 18, 1988." [1988 c 124 § 13.] Severability—1986 c 266: See note following RCW 38.52.005. Effective date—1983 c 91: See RCW 27.34.910. Severability—1977 ex.s. c 195: See note following RCW 27.53.020. 27.53.040 Archaeological resources—Declaration. All sites, objects, structures, artifacts, implements, and locations of prehistorical or archaeological interest, whether previously recorded or still unrecognized, including, but not limited to, those pertaining to prehistoric and historic American Indian or aboriginal burials, campsites, dwellings, and habitation sites, including rock shelters and caves, their artifacts and implements of culture such as projectile points, arrowheads, skeletal remains, grave goods, basketry, pestles, mauls and grinding stones, knives, scrapers, rock carvings and paintings, and other implements and artifacts of any material that are located in, on, or under the surface of any lands or waters owned by or under the possession, custody, or control of the state of Washington or any county, city, or political 27.53.040 (2008 Ed.) Archaeological Sites and Resources subdivision of the state are hereby declared to be archaeological resources. [1975 1st ex.s. c 134 § 4.] 27.53.045 Abandoned archaeological resources— Declaration. All historic archaeological resources abandoned for thirty years or more in, on, or under the surface of any public lands or waters owned by or under the possession, custody, or control of the state of Washington, including, but not limited to all ships, or aircraft, and any part or the contents thereof, and all treasure trove is hereby declared to be the property of the state of Washington. [1988 c 124 § 3.] 27.53.045 Intent—Application—1988 c 124: See notes following RCW 27.53.030. 27.53.060 Disturbing archaeological resource or site—Permit required—Conditions—Exceptions—Penalty. (1) On the private and public lands of this state it shall be unlawful for any person, firm, corporation, or any agency or institution of the state or a political subdivision thereof to knowingly remove, alter, dig into, or excavate by use of any mechanical, hydraulic, or other means, or to damage, deface, or destroy any historic or prehistoric archaeological resource or site, or remove any archaeological object from such site, except for Indian graves or cairns, or any glyptic or painted record of any tribe or peoples, or historic graves as defined in chapter 68.05 RCW, disturbances of which shall be a class C felony punishable under chapter 9A.20 RCW, without having obtained a written permit from the director for such activities. (2) The director must obtain the consent of the private or public property owner or agency responsible for the management thereof, prior to issuance of the permit. The property owner or agency responsible for the management of such land may condition its consent on the execution of a separate agreement, lease, or other real property conveyance with the applicant as may be necessary to carry out the legal rights or duties of the public property landowner or agency. (3) The director, in consultation with the affected tribes, shall develop guidelines for the issuance and processing of permits. (4) Such written permit and any agreement or lease or other conveyance required by any public property owner or agency responsible for management of such land shall be physically present while any such activity is being conducted. (5) The provisions of this section shall not apply to the removal of artifacts found exposed on the surface of the ground which are not historic archaeological resources or sites. (6) When determining whether to grant or condition a permit, the director may give great weight to the final record of previous civil or criminal penalties against either the applicant, the parties responsible for conducting the work, or the parties responsible for carrying out the terms and conditions of the permit, either under this chapter or under comparable federal laws. If the director denies a permit, the applicant may request a hearing as provided for in chapter 34.05 RCW. [2002 c 211 § 3; 1989 c 44 § 7; 1988 c 124 § 4; 1986 c 266 § 18; 1977 ex.s. c 195 § 14; 1975-’76 2nd ex.s. c 82 § 2; 1975 1st ex.s. c 134 § 6.] 27.53.060 Purpose—2002 c 211: See note following RCW 27.53.020. Intent—1989 c 44: See RCW 27.44.030. (2008 Ed.) 27.53.080 Captions not law—Liberal construction—1989 c 44: See RCW 27.44.900 and 27.44.901. Intent—Application—1988 c 124: See notes following RCW 27.53.030. Severability—1986 c 266: See note following RCW 38.52.005. Severability—1977 ex.s. c 195: See note following RCW 27.53.020. 27.53.070 Field investigations—Communication of site or resource location to department. It is the declared intention of the legislature that field investigations on privately owned lands should be discouraged except in accordance with both the provisions and spirit of this chapter and persons having knowledge of the location of archaeological sites or resources are encouraged to communicate such information to the department. Such information shall not constitute a public record which requires disclosure pursuant to the exception authorized in chapter 42.56 RCW to avoid site depredation. [2005 c 333 § 21; 2005 c 274 § 243; 1975-’76 2nd ex.s. c 82 § 3; 1975 1st ex.s. c 134 § 7.] 27.53.070 Reviser’s note: This section was amended by 2005 c 274 § 243 and by 2005 c 333 § 21, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. 27.53.080 Archaeological activities upon public lands—Entry—Agreement—Approval of activities— Information regarding results of studies and activities. (1) *Qualified or professional archaeologists, in performance of their duties, may enter upon public lands of the state of Washington and its political subdivisions after first notifying the entity responsible for managing those public lands, at such times and in such manner as not to interfere with the normal management thereof, for the purposes of doing archaeological resource location and evaluation studies, including site sampling activities. The results of such studies shall be provided to the state agency or political subdivision responsible for such lands and the department and are confidential unless the director, in writing, declares otherwise. Scientific excavations are to be carried out only after appropriate agreement has been made between a professional archaeologist or an institution of higher education and the agency or political subdivision responsible for such lands. A copy of such agreement shall be filed with the department. (2) Amateur societies may engage in such activities by submitting and having approved by the responsible agency or political subdivision a written proposal detailing the scope and duration of the activity. Before approval, a proposal from an amateur society shall be submitted to the department for review and recommendation. The approving agency or political subdivision shall impose conditions on the scope and duration of the proposed activity necessary to protect the archaeological resources and ensure compliance with applicable federal, state, and local laws. The findings and results of activities authorized under this section shall be made known to the approving agency or political subdivision approving the activities and to the department. [2005 c 333 § 22; 2002 c 211 § 5; 1986 c 266 § 19; 1977 ex.s. c 195 § 15; 1975 1st ex.s. c 134 § 8.] 27.53.080 *Reviser’s note: RCW 27.53.030 was amended by 2008 c 275 § 5, removing the definition of "qualified archaeologist." [Title 27 RCW—page 31] 27.53.090 Title 27 RCW: Libraries, Museums, and Historical Activities Purpose—2002 c 211: See note following RCW 27.53.020. Severability—1986 c 266: See note following RCW 38.52.005. Severability—1977 ex.s. c 195: See note following RCW 27.53.020. 27.53.090 Violations—Penalty. Any person, firm, or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor. Each day of continued violation of any provision of this chapter shall constitute a distinct and separate offense. Offenses shall be reported to the appropriate law enforcement agency or to the director. [1986 c 266 § 20; 1977 ex.s. c 195 § 16; 1975-’76 2nd ex.s. c 82 § 4; 1975 1st ex.s. c 134 § 9.] 27.53.090 Severability—1986 c 266: See note following RCW 38.52.005. Severability—1977 ex.s. c 195: See note following RCW 27.53.020. 27.53.095 Knowing and willful failure to obtain or comply with permit—Penalties. (1) Persons found to have violated this chapter, either by a knowing and willful failure to obtain a permit where required under RCW 27.53.060 or by a knowing and willful failure to comply with the provisions of a permit issued by the director where required under RCW 27.53.060, in addition to other remedies as provided for by law, may be subject to one or more of the following: (a) Reasonable investigative costs incurred by a mutually agreed upon independent professional archaeologist investigating the alleged violation; (b) Reasonable site restoration costs; and (c) Civil penalties, as determined by the director, in an amount of not more than five thousand dollars per violation. (2) Any person incurring the penalty may file an application for an adjudicative proceeding and may pursue subsequent review as provided in chapter 34.05 RCW and applicable rules of the department. (3) Any penalty imposed by final order following an adjudicative proceeding becomes due and payable upon service of the final order. (4) The attorney general may bring an action in the name of the department in the superior court of Thurston county or of any county in which the violator may do business to collect any penalty imposed under this chapter and to enforce subsection (5) of this section. (5) Any and all artifacts in possession of a violator shall become the property of the state until proper identification of artifact ownership may be determined by the director. (6) Penalties overturned on appeal entitle the appealing party to fees and other expenses, including reasonable attorneys’ fees, as provided in RCW 4.84.350. [2005 c 333 § 23; 2002 c 211 § 4.] 27.53.095 Purpose—2002 c 211: See note following RCW 27.53.020. 27.53.100 Historic archaeological resources on stateowned aquatic lands—Discovery and report—Right of first refusal. Persons, firms, corporations, institutions, or agencies which discover a previously unreported historic archaeological resource on state-owned aquatic lands and report the site or location of such resource to the department shall have a right of first refusal to future salvage permits granted for the recovery of that resource, subject to the provisions of RCW 27.53.110. Such right of first refusal shall exist for five years from the date of the report. Should another per27.53.100 [Title 27 RCW—page 32] son, firm, corporation, institution, or agency apply for a permit to salvage that resource, the reporting entity shall have sixty days to submit its own permit application and exercise its first refusal right, or the right shall be extinguished. [1988 c 124 § 5.] Intent—Application—1988 c 124: See notes following RCW 27.53.030. 27.53.110 Contracts for discovery and salvage of state-owned historic archaeological resources. The director is hereby authorized to enter into contracts with other state agencies or institutions and with qualified private institutions, persons, firms, or corporations for the discovery and salvage of state-owned historic archaeological resources. Such contracts shall include but are not limited to the following terms and conditions: (1) Historic shipwrecks: (a) The contract shall provide for fair compensation to a salvor. "Fair compensation" means an amount not less than ninety percent of the appraised value of the objects recovered following successful completion of the contract. (b) The salvor may retain objects with a value of up to ninety percent of the appraised value of the total objects recovered, or cash, or a combination of objects and cash. In no event may the total of objects and cash exceed ninety percent of the total appraised value of the objects recovered. A salvor shall not be entitled to further compensation from any state sources. (c) The contract shall provide that the state will be given first choice of which objects it may wish to retain for display purposes for the people of the state from among all the objects recovered. The state may retain objects with a value of up to ten percent of the appraised value of the total objects recovered. If the state chooses not to retain recovered objects with a value of up to ten percent of the appraised value, the state shall be entitled to receive its share in cash or a combination of recovered objects and cash so long as the state’s total share does not exceed ten percent of the appraised value of the objects recovered. (d) The contract shall provide that both the state and the salvor shall have the right to select a single appraiser or joint appraisers. (e) The contract shall also provide that title to the objects shall pass to the salvor when the permit is issued. However, should the salvor fail to fully perform under the terms of the contract, title to all objects recovered shall revert to the state. (2) Historic aircraft: (a) The contract shall provide that historic aircraft belonging to the state of Washington may only be recovered if the purpose of that salvage operation is to recover the aircraft for a museum, historical society, nonprofit organization, or governmental entity. (b) Title to the aircraft may only be passed by the state to one of the entities listed in (a) of this subsection. (c) Compensation to the salvor shall only be derived from the sale or exchange of the aircraft to one of the entities listed in (a) of this subsection or such other compensation as one of the entities listed in (a) of this subsection and the salvor may arrange. The salvor shall not have a claim to compensation from state funds. 27.53.110 (2008 Ed.) Archaeological Sites and Resources (3) Other historic archaeological resources: The director, in his or her discretion, may negotiate the terms of such contracts. [1988 c 124 § 6.] Intent—Application—1988 c 124: See notes following RCW 27.53.030. 27.53.901 27.53.900 Severability—1975 1st ex.s. c 134. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the application of the provision to other persons or circumstances is not affected. [1975 1st ex.s. c 134 § 10.] 27.53.900 27.53.901 Severability—1988 c 124. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1988 c 124 § 14.] 27.53.901 27.53.120 Recovery of property from historic archaeological sites—Mitigation of damage—Refusal to issue salvage permit to prevent destruction of resource. The salvor shall agree to mitigate any archaeological damage which occurs during the salvage operation. The department shall have access to all property recovered from historic archaeological sites for purposes of scholarly research and photographic documentation for a period to be agreed upon by the parties following completion of the salvage operation. The department shall also have the right to publish scientific papers concerning the results of all research conducted as project mitigation. The director has the right to refuse to issue a permit for salvaging an historic archaeological resource if that resource would be destroyed beyond mitigation by the proposed salvage operation. Any agency, institution, person, firm, or corporation which has been denied a permit because the resource would be destroyed beyond mitigation by their method of salvage shall have a right of first refusal for that permit at a future date should technology be found which would make salvage possible without destroying the resource. Such right of first refusal shall be in effect for sixty days after the director has determined that salvage can be accomplished by a subsequent applicant without destroying the resource. No person, firm, or corporation may conduct such salvage or recovery operation herein described without first obtaining such contract. [1988 c 124 § 7.] 27.53.120 Intent—Application—1988 c 124: See notes following RCW 27.53.030. 27.53.130 27.53.130 List of areas requiring permits. The department shall publish annually and update as necessary a list of those areas where permits are required to protect historic archaeological sites on aquatic lands. [1995 c 399 § 17; 1988 c 124 § 10.] Intent—Application—1988 c 124: See notes following RCW 27.53.030. 27.53.140 Rule-making authority. The department shall have such rule-making authority as is necessary to carry out the provisions of this chapter. [1995 c 399 § 18; 1988 c 124 § 11.] 27.53.140 Intent—Application—1988 c 124: See notes following RCW 27.53.030. 27.53.150 27.53.150 Proceeds from state’s property—Deposit and use. Any proceeds from the state’s share of property under this chapter shall be transmitted to the state treasurer for deposit in the general fund to be used only for the purposes of historic preservation and underwater archaeology. [1988 c 124 § 12.] Intent—Application—1988 c 124: See notes following RCW 27.53.030. (2008 Ed.) [Title 27 RCW—page 33] Title 28A Chapters 28A.150 28A.155 28A.160 28A.165 28A.170 28A.175 28A.180 28A.185 28A.190 28A.193 28A.195 28A.200 28A.205 28A.210 28A.215 28A.220 28A.225 28A.230 28A.235 28A.245 28A.300 28A.305 28A.310 28A.315 28A.320 28A.323 28A.325 28A.330 28A.335 28A.340 28A.343 28A.345 28A.350 28A.400 28A.405 28A.410 28A.415 28A.500 28A.505 28A.510 28A.515 28A.520 28A.525 28A.527 28A.530 28A.535 28A.540 28A.545 28A.600 28A.605 28A.620 28A.623 (2008 Ed.) Title 28A COMMON SCHOOL PROVISIONS General provisions. Special education. Student transportation. Learning assistance program. Substance abuse awareness program. Dropout prevention, intervention, and retrieval system. Transitional bilingual instruction program. Highly capable students. Residential education programs. Education programs for juvenile inmates. Private schools. Home-based instruction. Education centers. Health—Screening and requirements. Early childhood, preschools, and before-andafter school care. Traffic safety. Compulsory school attendance and admission. Compulsory course work and activities. Food services. Skill centers. Superintendent of public instruction. State board of education. Educational service districts. Organization and reorganization of school districts. Provisions applicable to all districts. Joint school districts—School districts in two or more educational service districts. Associated student bodies. Provisions applicable to school districts. School districts’ property. Small high school cooperative projects. School director districts. Washington state school directors’ association. School district warrants—Auditor’s duties. Employees. Certificated employees. Certification. Institutes, workshops, and training. Local effort assistance. School districts’ budgets. Apportionment to district—District accounting. Common school construction fund. Forest reserve funds distribution. Bond issues. School facilities—2008 bond issue. District bonds for land, buildings, and equipment. Validating indebtedness. Capital fund aid by nonhigh school districts. Payment to high school districts. Students. Parent access. Community education programs. Meal programs. 28A.625 28A.630 28A.635 Awards. Temporary provisions—Special projects. Offenses relating to school property and personnel. 28A.640 Sexual equality. 28A.645 Appeals from board. 28A.650 Education technology. 28A.655 Academic achievement and accountability. 28A.660 Alternative route teacher certification. 28A.690 Agreement on qualifications of personnel. 28A.700 Secondary career and technical education. 28A.900 Construction. Actions against school districts: RCW 4.08.120. Actions by school district in corporate name: RCW 4.08.110. Alcohol, pure ethyl, purchase of: RCW 66.16.010. Armories, use of by school children: RCW 38.20.010. Attorney general, supervision of prosecuting attorney: RCW 36.27.020(3). Bankruptcy readjustment and relief from debts: Chapter 39.64 RCW. Blind, school for: Chapter 72.40 RCW. Blind made products, purchase of authorized: RCW 19.06.020. Bomb threats, penalty: RCW 9.61.160. Bond issues declaratory judgments: Chapter 7.25 RCW. general provisions applicable to declaratory judgments: Chapter 7.25 RCW. facsimile signatures, legal sufficiency: RCW 39.44.100. interest, payment of: RCW 39.44.120. maturity of bonds: RCW 39.44.070. registered bonds, statements and signatures: RCW 39.44.102. registration of bonds, coupon interest payments: RCW 39.44.120. registration of bonds, designation of fiscal agent to register bonds, fee: RCW 39.44.130. mutual savings banks, authorized investment for: RCW 32.20.070, 32.20.090. refunding bond issues, bankruptcy readjustment and relief from debts: Chapter 39.64 RCW. registration of bonds, principal payable to payee or assignee: RCW 39.44.110. savings and loan associations, investment in: RCW 33.24.050 through 33.24.070. United States, sale of bonds to at private sale: Chapter 39.48 RCW. Boxing, kickboxing, martial arts, and wrestling events exemptions for: RCW 67.08.015. physical examination of contestants, urinalysis: RCW 67.08.090. Buildings, earthquake standards for construction: RCW 70.86.020, 70.86.030. Cities and towns operating generating utilities in another county notice of loss: RCW 35.21.426. payment formulas: RCW 35.21.427. reimbursement: RCW 35.21.425. Clerk of districts, agent to receive summons: RCW 4.28.080. Common schools general and uniform system to be established: State Constitution Art. 9 § 2. special legislation affecting prohibited: State Constitution Art. 2 § 28. superintendent of public instruction to supervise: State Constitution Art. 3 § 22. Condemnation: Chapter 8.16 RCW. [Title 28A RCW—page 1] Title 28A Title 28A RCW: Common School Provisions Contracts made in violation of indebtedness limitations void: RCW 39.36.040. Conveyance of real property by public bodies—Recording: RCW 65.08.095. Crimes relating to bomb threats to: RCW 9.61.160. discrimination to deny public accommodations because of race, color or creed: RCW 9.91.010. generally: Chapter 28A.635 RCW. school buses design, marking of, mode of operation, regulations for, violating: RCW 46.61.380. stopped, failure to stop on approaching: RCW 46.61.370. Deaf, mute, or blind youth in districts, clerks of school districts to make report of: RCW 72.40.060. Debts, authority to contract: State Constitution Art. 8 § 6 (Amendment 27). Declaratory judgments, bond issues: Chapter 7.25 RCW. Discrimination—Separation of sexes in dormitories, residence halls, etc.: RCW 49.60.222. game and game fish lands, payments to in lieu of property taxes: RCW 77.12.201. game and game fish lands, withdrawn from lease, payment of amount of lease into: RCW 77.12.360. income from, to be applied to common schools: State Constitution Art. 9 § 2. interest in deposited in current state school fund, used for current expenses: State Constitution Art. 9 § 3. investment generally: State Constitution Art. 16 § 5. losses occasioned by default, fraud, etc., to become permanent debt against state: State Constitution Art. 9 § 5. permanent and irreducible: State Constitution Art. 9 § 3. safe deposit box contents, unclaimed after liquidation and winding up of bank or trust company, proceeds from sale deposited in: RCW 30.44.220. sources of: State Constitution Art. 9 § 3. state land acquired, lease and sale of, disposition of proceeds: RCW 79.10.030. withdrawn for game purposes, payment of amount of lease into: RCW 77.12.360. school fund, fines and forfeitures paid into: RCW 4.24.180. Discrimination to deny public accommodations because of race, color or creed, penalty: RCW 9.91.010. Garnishment: Chapter 6.27 RCW. Displaced homemaker act: Chapter 28B.04 RCW. Hearing, reports of deaf, mute, or blind youths in districts: RCW 72.40.060. Diverse cultures and languages encouraged—State policy: RCW 1.20.100. High school athletic eligibility, penalty for violating: RCW 67.04.140. Drivers’ training schools, generally: Chapter 46.82 RCW. High schools included in public school system: State Constitution Art. 9 § 2. Earthquake standards for construction: RCW 70.86.020, 70.86.030. Hospitalization and medical aid for public employees and dependents—Premiums, governmental contributions authorized: RCW 41.04.180. Education: State Constitution Art. 9. Elementary or secondary school activities, admission tax exclusion: RCW 36.38.010. Indebtedness authority to contract: State Constitution Art. 8 § 6 (Amendment 27). bankruptcy readjustment and relief from debts: Chapter 39.64 RCW. computation of indebtedness: RCW 39.36.030. exceeding limitations upon, capital outlays: State Constitution Art. 8 § 6 (Amendment 27). limitation on levies: State Constitution Art. 7 § 2 (Amendment 59), RCW 84.52.050. limitations upon contracts made in violation of void: RCW 39.36.040. definitions: RCW 39.36.010. exceeding limitations, capital outlays: RCW 39.36.020. liabilities incurred in violation void: RCW 39.36.040. limitations prescribed: State Constitution Art. 8 § 6 (Amendment 27), RCW 39.36.020. Eminent domain by school districts: Chapter 8.16 RCW. Intoxicating liquor, retail licenses, proximity limitations: RCW 66.24.010. Employees, qualifications to hold school office: RCW 42.04.020. Labor relations consultants: RCW 43.09.230. Enrollment forecasts: RCW 43.62.050. Lands adverse possession against: RCW 7.28.090. defined: RCW 79.02.010. eminent domain by cities against: RCW 8.12.030. by corporations, service of notice: RCW 8.20.020. by railroads and canal companies against: RCW 81.36.010. by school districts: Chapter 8.16 RCW. by state, service of notice: RCW 8.04.020. parks and recreation commission, relinquishment of control over school lands: RCW 79A.05.175. sale of educational lands, board of natural resources to fix value: RCW 79.11.080. generally: State Constitution Art. 16 §§ 2-4. school district purchases of, maximum and minimum areas, preference right to purchase: RCW 79.11.010. sale or lease of land and valuable materials, supervision and control of natural resources department over: RCW 79.11.020. state lands, included in: RCW 79.02.010. state parks and recreation, relinquishment of control over state lands: RCW 79A.05.175. Educational employment relations act: Chapter 41.59 RCW. Educational facilities and programs for state schools for the deaf and blind: RCW 72.40.028. Educational service districts deaf, mute, blind youth, reports of: RCW 72.40.070, 72.40.080. teachers’ retirement system, employer reports: RCW 41.50.230. Elections expenses of consolidated elections, sharing of costs: RCW 29A.04.410. polling places, availability of county, municipality, or special district facilities as polling places: RCW 29A.16.120. times for holding, in all other counties: RCW 29A.04.330. Escheats bank dividends unclaimed after liquidation and winding up escheat to permanent school fund: RCW 30.44.150, 30.44.180. estate escheats for support of schools: RCW 11.08.160. permanent school fund, deposited in: RCW 11.08.160. trust company dividends unclaimed after liquidation and winding up: RCW 30.44.150, 30.44.180. Establishment and maintenance of schools guaranteed: State Constitution Art. 26 § 4. Fiscal year defined: RCW 1.16.030. Free from sectarian control: State Constitution Art. 9 § 4, Art. 26 § 4. Funds apportionment by special act forbidden: State Constitution Art. 2 § 28(7). county school fund, stock on highway, limitations, proceeds of sale to county school fund: RCW 16.24.070. general school fund, school patrol uniforms, traffic signs and signals, insurance for, may be paid from: RCW 46.61.385. permanent common school fund applied exclusively to common schools: State Constitution Art. 9 § 2. apportionment by special act forbidden: State Constitution Art. 2 § 28(7). banks and trust companies, liquidation and winding up dividends unclaimed deposited in: RCW 30.44.150, 30.44.180. personal property, proceeds deposited in: RCW 30.44.220. enlargement of, legislature may provide: State Constitution Art. 9 § 3. escheated estates deposited in: RCW 11.08.160. [Title 28A RCW—page 2] Legal adviser, prosecuting attorney as: RCW 36.27.020(2), (3). Libraries, contracts for library service: RCW 27.12.180. Medical schools, requisites for accreditation and approval: RCW 18.71.055. Meetings, minutes of governmental bodies: Chapter 42.32 RCW. (2008 Ed.) General Provisions Chapter 28A.150 Motor vehicles, speed regulations when passing public school or playground cross walk: RCW 46.61.440. Taxation, property taxes, exemptions: State Constitution Art. 7 § 1 (Amendment 14). Open to all children of state: State Constitution Art. 9 § 1, Art. 26 § 4. Taxing district relief act: Chapter 39.64 RCW. Teachers’ retirement and pensions: Chapter 41.32 RCW. Parental responsibility for children with disabilities: Chapter 26.40 RCW. Parental schools general powers: RCW 72.05.300. personnel: RCW 72.05.310. Parks and recreation authority to acquire and operate: RCW 67.20.010. parks, beaches and camps, authority generally: Chapter 67.20 RCW. Periodicals, purchase of, manner of payment: RCW 42.24.035. Port and other district dissolution, disposal of funds: RCW 53.48.050, 53.49.010, 53.49.020. Printing contracts for outside state work, labor requirements: RCW 43.78.150. must be done within state, exception: RCW 43.78.130, 43.78.140. Public bodies may retain collection agencies to collect public debts—Fees: RCW 19.16.500. Public employment—Evidence of educational competence: RCW 41.04.015. Public lands: Title 79 RCW. Public libraries: Chapter 27.12 RCW. Public school system, what included in: State Constitution Art. 9 § 2. Public utility districts and operating agencies construction projects causing burden to school districts, reimbursement of districts: Chapter 54.36 RCW. privilege tax for school districts: RCW 54.28.080, 54.28.090. Pupils, residence or absence does not affect right to vote: State Constitution Art. 6 § 4. Purchases, periodicals, postage, manner of payment: RCW 42.24.035. Religion, control of schools by, free from: State Constitution Art. 9 § 4, Art. 26 § 4. Savings and loan associations, school savings accounts, priority in liquidation distribution: RCW 33.40.050. School directors’ association to furnish information to legislature and governor: RCW 44.04.170. School districts clerks agent to receive service of summons: RCW 4.28.080. deaf, mute, or blind youth in district, report of: RCW 72.40.060. contracts, indebtedness limitations, contracts made in violation of void: RCW 39.36.040. fiscal year defined: RCW 1.16.030. indebtedness computation of indebtedness: RCW 39.36.030. exceeding limitations upon, capital outlays: State Constitution Art. 8 § 6 (Amendment 27). limitation on levies: State Constitution Art. 7 § 2 (Amendment 59), RCW 84.52.050. limitations upon contracts made in violation of void: RCW 39.36.040. definitions: RCW 39.36.010. exceeding limitations, capital outlays: RCW 39.36.020. liabilities incurred in violation void: RCW 39.36.040. limitations prescribed: State Constitution Art. 8 § 6 (Amendment 27), RCW 39.36.020. printing must be done within state: RCW 43.78.130. service of summons to, personal service: RCW 4.28.080. teachers’ retirement system, employer reports: RCW 41.50.230. Technical schools, included in public school system: State Constitution Art. 9 § 2. Traffic school of city or town and county: Chapter 46.83 RCW. Transportation school buses crossing arms: RCW 46.37.620. defined for motor vehicle law: RCW 46.04.521. design, marking and mode of operation, motor vehicle regulations: RCW 46.61.380. highway-railroad grade crossings, to stop at: RCW 46.61.350. lighting and safety devices: RCW 46.37.290. seat and load capacity fees, exempt from: RCW 46.16.150. signal lamps, displaying alternately flashing red lights, to have: RCW 46.37.190. special lighting equipment on: RCW 46.37.290. stop signals and flasher signal lamps: RCW 46.61.370(1). stopped school bus, vehicle must stop on approaching: RCW 46.61.370(1). vehicle license and plates, inspection requisite: RCW 46.16.020. special warning equipment and lighting regulated by the Washington state patrol: RCW 46.37.290. Warrants interest rate: RCW 39.56.020. rate fixed by issuing officer: RCW 39.56.030. Year, fiscal year defined: RCW 1.16.030. Chapter 28A.150 Sections 28A.150.010 28A.150.020 28A.150.030 28A.150.040 28A.150.050 28A.150.060 28A.150.070 28A.150.080 28A.150.100 28A.150.200 28A.150.205 28A.150.210 28A.150.211 28A.150.220 28A.150.230 28A.150.240 28A.150.250 28A.150.260 28A.150.262 School patrol: RCW 46.61.385. Sectarian control, free from: State Constitution Art. 9 § 4. 28A.150.270 State otologists, duties of: RCW 70.50.010, 70.50.020. State school for blind: Chapter 72.40 RCW. 28A.150.275 State school for deaf: Chapter 72.40 RCW. 28A.150.280 State toxicological laboratories: RCW 68.50.107. Superintendents, duties: State Constitution Art. 3 § 22. System of schools to be established by state: State Constitution Art. 9 § 2. (2008 Ed.) Chapter 28A.150 RCW GENERAL PROVISIONS 28A.150.290 Public schools. Common schools. School day. School year—Beginning—End. School holidays. Certificated employee. General public school system—Administration. Superintendent of the school district. Basic education certificated instructional staff—Definition— Ratio to students. Basic education act—Program contents—As meeting constitutional requirements. Definition. Basic education act—Goal. Values and traits recognized. Basic education act—Program requirements—Program accessibility—Rules. Basic education act—District school directors’ responsibilities. Basic education act—Certificated teaching and administrative staff as accountable for classroom teaching—Scope— Responsibilities—Penalty. Annual basic education allocation of funds according to average FTE student enrollment—Student/teacher ratio standard. Annual basic education allocation of funds according to average FTE student enrollment—Procedure to determine distribution formula—Submittal to legislature—Enrollment, FTE student, certificated and classified staff, defined. Defining full-time equivalent student—Students receiving instruction through digital programs—Requirements— Rules. Annual basic education allocation of funds according to average FTE student enrollment—Procedure for crediting portion for school building purposes. Annual basic education allocation for students in technical colleges. Reimbursement for acquisition of approved transportation equipment—Method. State superintendent to make rules and regulations—Unforeseen conditions or actions to be recognized—Paperwork limited. [Title 28A RCW—page 3] 28A.150.010 Title 28A RCW: Common School Provisions 28A.150.295 General public school system—Maintained. 28A.150.300 Corporal punishment prohibited—Adoption of policy. 28A.150.305 Alternative educational service providers—Student eligibility. 28A.150.310 National guard youth challenge program—Allocation of funding—Rules. 28A.150.315 Voluntary all-day kindergarten programs—Funding. 28A.150.350 Part time students—Defined—Enrollment authorized— Reimbursement for costs—Funding authority recognition—Rules, regulations. 28A.150.360 Adjustments to meet emergencies. 28A.150.370 Additional programs for which legislative appropriations must or may be made. 28A.150.380 Appropriations by legislature. 28A.150.390 Appropriations for special education programs. 28A.150.400 Apportionment factors to be based on current figures—Rules and regulations. 28A.150.410 Basic education certificated instructional staff—Salary allocation schedule—Limits on postgraduate credits. 28A.150.420 Reimbursement for classes provided outside regular school year. 28A.150.500 Educational agencies offering vocational education programs—Local advisory committees—Advice on current job needs. 28A.150.510 Transmittal of education records to department of social and health services. 28A.150.520 High-performance public buildings—Compliance with requirements. 28A.150.530 High-performance public buildings—Implementation rules—Energy conservation report review. 28A.150.010 Public schools. Public schools shall mean the common schools as referred to in Article IX of the state Constitution and those schools and institutions of learning having a curriculum below the college or university level as now or may be established by law and maintained at public expense. [1969 ex.s. c 223 § 28A.01.055; (2004 c 22 § 24, Referendum Measure No. 55 failed to become law). Formerly RCW 28A.01.055.] 28A.150.010 28A.150.020 Common schools. "Common schools" means schools maintained at public expense in each school district and carrying on a program from kindergarten through the twelfth grade or any part thereof including vocational educational courses otherwise permitted by law. [1969 ex.s. c 223 § 28A.01.060. Prior: 1909 c 97 p 261 § 1, part; RRS § 4680, part; prior: 1897 c 118 § 64, part; 1890 p 371 § 44, part. Formerly RCW 28A.01.060, 28.58.190, part, 28.01.060.] 28A.150.020 28A.150.030 School day. A school day shall mean each day of the school year on which pupils enrolled in the common schools of a school district are engaged in educational activity planned by and under the direction of the school district staff, as directed by the administration and board of directors of the district. [1971 ex.s. c 161 § 1; 1969 ex.s. c 223 § 28A.01.010. Prior: (i) 1909 c 97 p 262 § 3, part; RRS § 4687, part; prior: 1903 c 104 § 22, part; 1897 c 118 § 66, part; 1890 p 372 § 46. Formerly RCW 28.01.010, part. (ii) 1917 c 127 § 1, part; RRS § 5098, part. Cf. 1911 c 82 § 1, part; 1909 c 97 p 371 subchapter 19, part; 1897 c 118 § 181, part. Formerly RCW 28A.01.010, 28.35.030, part.] a school district for such period in August shall be credited by the superintendent of public instruction to the succeeding school year for the purpose of the allocation and distribution of state funds for the support of such school district. [1990 c 33 § 101; 1982 c 158 § 5; 1977 ex.s. c 286 § 1; 1975-’76 2nd ex.s. c 118 § 22; 1969 ex.s. c 223 § 28A.01.020. Prior: 1909 c 97 p 262 § 4; RRS § 4688; prior: 1897 c 118 § 67; 1890 p 373 § 49. Formerly RCW 28A.01.020, 28.01.020.] Severability—1982 c 158: See note following RCW 28A.150.220. Severability—1975-’76 2nd ex.s. c 118: See note following RCW 28A.505.010. 28A.150.050 School holidays. The following are school holidays, and school shall not be taught on these days: Sunday; the first day of January, commonly called New Year’s Day; the third Monday of January, being celebrated as the anniversary of the birth of Martin Luther King, Jr.; the third Monday in February to be known as Presidents’ Day and to be celebrated as the anniversary of the births of Abraham Lincoln and George Washington; the last Monday in May, commonly known as Memorial Day; the fourth day of July, being the anniversary of the Declaration of Independence; the first Monday in September, to be known as Labor Day; the eleventh day of November, to be known as Veterans’ Day, the fourth Thursday in November, commonly known as Thanksgiving Day; the day immediately following Thanksgiving Day; the twenty-fifth day of December, commonly called Christmas Day: PROVIDED, That no reduction from the teacher’s time or salary shall be made by reason of the fact that a school day happens to be one of the days referred to in this section as a day on which school shall not be taught. [1989 c 233 § 11; 1985 c 189 § 2; 1984 c 92 § 1; 1975-’76 2nd ex.s. c 24 § 2; 1973 c 32 § 1; 1969 ex.s. c 283 § 13. Prior: 1969 ex.s. c 223 § 28A.02.060; prior: 1955 c 20 § 2; 1909 c 97 p 308 § 6; RRS § 4853. Formerly RCW 28A.02.061, 28A.02.060, 28.02.060.] 28A.150.050 Severability—1969 ex.s. c 283: "If any provision of this 1969 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1969 ex.s. c 283 § 59.] "Legal holidays": RCW 1.16.050. 28A.150.030 28A.150.040 School year—Beginning—End. The school year shall begin on the first day of September and end with the last day of August: PROVIDED, That any school district may elect to commence the minimum annual school term as required under RCW 28A.150.220 in the month of August of any calendar year and in such case the operation of 28A.150.040 [Title 28A RCW—page 4] 28A.150.060 Certificated employee. The term "certificated employee" as used in RCW 28A.195.010, 28A.150.060, 28A.150.260, 28A.405.100, 28A.405.210, 28 A.40 5.2 40 , 2 8A.4 05 .2 5 0, 28 A.40 5.30 0 th r ou gh 28A.405.380, and chapter 41.59 RCW, shall include those persons who hold certificates as authorized by rule of the Washington professional educator standards board or the superintendent of public instruction. [2005 c 497 § 212; 1990 c 33 § 102; 1977 ex.s. c 359 § 17; 1975 1st ex.s. c 288 § 21; 1973 1st ex.s. c 105 § 1. Formerly RCW 28A.01.130.] 28A.150.060 Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. Effective date—Severability—1977 ex.s. c 359: See notes following RCW 28A.150.200. Effective dates—1975 1st ex.s. c 288: See RCW 41.59.940. Severability—1975 1st ex.s. c 288: See RCW 41.59.950. Basic Education Act, RCW 28A.150.060 as part of: RCW 28A.150.200. Construction of chapter—Employee’s rights preserved: RCW 41.59.920. (2008 Ed.) General Provisions Construction of chapter—Employer’s responsibilities and rights preserved: RCW 41.59.930. 28A.150.070 General public school system—Administration. The administration of the public school system shall be entrusted to such state and local officials, boards, and committees as the state Constitution and the laws of the state shall provide. [1969 ex.s. c 223 § 28A.02.020. Prior: 1909 c 97 p 230 § 2; RRS § 4519; prior: 1897 c 118 § 19; 1890 p 348 § 2; Code 1881 §§ 3154, 3155; 1861 p 55 § 1. Formerly RCW 28A.02.020, 28.02.020.] 28A.150.070 28A.150.080 Superintendent of the school district. "Superintendent of the school district", if there be no such superintendent, shall mean such other administrative or certificated employee as the school district board of directors shall so designate. [1969 ex.s. c 223 § 28A.01.100. Formerly RCW 28A.01.100.] 28A.150.080 28A.150.100 Basic education certificated instructional staff—Definition—Ratio to students. (1) For the purposes of this section and RCW 28A.150.410 and 28A.400.200, "basic education certificated instructional staff" shall mean all full time equivalent certificated instructional staff in the following programs as defined for statewide school district accounting purposes: Basic education, secondary vocational education, general instructional support, and general supportive services. (2) In the 1988-89 school year and thereafter, each school district shall maintain a ratio of at least forty-six basic education certificated instructional staff to one thousand annual average full time equivalent students. [1990 c 33 § 103; 1987 1st ex.s. c 2 § 203. Formerly RCW 28A.41.110.] 28A.150.100 28A.150.210 Severability—1977 ex.s. c 359: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1977 ex.s. c 359 § 21.] 28A.150.205 Definition. Unless the context clearly requires otherwise, the definition in this section applies throughout RCW 28A.150.200 through 28A.150.295. "Instructional hours" means those hours students are provided the opportunity to engage in educational activity planned by and under the direction of school district staff, as directed by the administration and board of directors of the district, inclusive of intermissions for class changes, recess, and teacher/parent-guardian conferences that are planned and scheduled by the district for the purpose of discussing students’ educational needs or progress, and exclusive of time actually spent for meals. [1992 c 141 § 502.] 28A.150.205 Contingent effective date—1992 c 141 §§ 502-504, 506, and 507: "Sections 502 through 504, 506, and 507 of this act shall take effect September 1, 2000. However, these sections shall not take effect if, by September 1, 2000, a law is enacted stating that a school accountability and academic assessment system is not in place." [1993 c 336 § 1202; 1992 c 141 § 509.] That law was not enacted by September 1, 2000. Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040. 28A.150.200 Basic education act—Program contents—As meeting constitutional requirements. *This 1977 amendatory act shall be known and may be cited as "The Washington Basic Education Act of 1977." The program evolving from the Basic Education Act shall include (1) the goal of the school sy stem as defined in R CW 28A.150.210, (2) those program requirements enumerated in RCW 28A.150.220, and (3) the determination and distribution of state resources as defined in RCW 28A.150.250 and 28A.150.260. The requirements of the Basic Education Act are deemed by the legislature to comply with the requirements of Article IX, section 1 of the state Constitution, which states that "It is the paramount duty of the state to make ample provision for the education of all children residing within its borders, without distinction or preference on account of race, color, caste, or sex," and are adopted pursuant to Article IX, section 2 of the state Constitution, which states that "The legislature shall provide for a general and uniform system of public schools." [1990 c 33 § 104; 1977 ex.s. c 359 § 1. Formerly RCW 28A.58.750.] 28A.150.210 Basic education act—Goal. The goal of the basic education act for the schools of the state of Washington set forth in this chapter shall be to provide students with the opportunity to become responsible and respectful global citizens, to contribute to their economic well-being and that of their families and communities, to explore and understand different perspectives, and to enjoy productive and satisfying lives. Additionally, the state of Washington intends to provide for a public school system that is able to evolve and adapt in order to better focus on strengthening the educational achievement of all students, which includes high expectations for all students and gives all students the opportunity to achieve personal and academic success. To these ends, the goals of each school district, with the involvement of parents and community members, shall be to provide opportunities for every student to develop the knowledge and skills essential to: (1) Read with comprehension, write effectively, and communicate successfully in a variety of ways and settings and with a variety of audiences; (2) Know and apply the core concepts and principles of mathematics; social, physical, and life sciences; civics and history, including different cultures and participation in representative government; geography; arts; and health and fitness; (3) Think analytically, logically, and creatively, and to integrate different experiences and knowledge to form reasoned judgments and solve problems; and (4) Understand the importance of work and finance and how performance, effort, and decisions directly affect future career and educational opportunities. [2007 c 400 § 1; 1993 c 336 § 101; (1992 c 141 § 501 repealed by 1993 c 336 § 1203); 1977 ex.s. c 359 § 2. Formerly RCW 28A.58.752.] *Reviser’s note: For codification of "this 1977 amendatory act" [1977 ex.s. c 359], see Codification Tables, Volume 0. Captions not law—2007 c 400: "Captions used in this act are not any part of the law." [2007 c 400 § 9.] Effective date—1977 ex.s. c 359: "This 1977 amendatory act shall take effect September 1, 1978." [1977 ex.s. c 359 § 22.] Findings—Intent—1993 c 336: "The legislature finds that student achievement in Washington must be improved to keep pace with societal Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes following RCW 84.52.0531. 28A.150.200 (2008 Ed.) 28A.150.210 [Title 28A RCW—page 5] 28A.150.211 Title 28A RCW: Common School Provisions changes, changes in the workplace, and an increasingly competitive international economy. To increase student achievement, the legislature finds that the state of Washington needs to develop a public school system that focuses more on the educational performance of students, that includes high expectations for all students, and that provides more flexibility for school boards and educators in how instruction is provided. The legislature further finds that improving student achievement will require: (1) Establishing what is expected of students, with standards set at internationally competitive levels; (2) Parents to be primary partners in the education of their children, and to play a significantly greater role in local school decision making; (3) Students taking more responsibility for their education; (4) Time and resources for educators to collaboratively develop and implement strategies for improved student learning; (5) Making instructional programs more relevant to students’ future plans; (6) All parties responsible for education to focus more on what is best for students; and (7) An educational environment that fosters mutually respectful interactions in an atmosphere of collaboration and cooperation. It is the intent of the legislature to provide students the opportunity to achieve at significantly higher levels, and to provide alternative or additional instructional opportunities to help students who are having difficulty meeting the essential academic learning requirements in RCW 28A.630.885. It is also the intent of the legislature that students who have met or exceeded the essential academic learning requirements be provided with alternative or additional instructional opportunities to help advance their educational experience. The provisions of chapter 336, Laws of 1993 shall not be construed to change current state requirements for students who receive home-based instruction under chapter 28A.200 RCW, or for students who attend stateapproved private schools under chapter 28A.195 RCW." [1993 c 336 § 1.] Effective date—1993 c 336 § 101: "Section 101 of this act shall take effect September 1, 1994." [1993 c 336 § 102.] Findings—1993 c 336: "(1) The legislature finds that preparing students to make successful transitions from school to work helps promote educational, career, and personal success for all students. (2) A successful school experience should prepare students to make informed career direction decisions at critical points in their educational progress. Schools that demonstrate the relevancy and practical application of course work will expose students to a broad range of interrelated career and educational opportunities and will expand students’ posthigh school options. (3) The school-to-work transitions program, under chapter 335, Laws of 1993, is intended to help secondary schools develop model programs for school-to-work transitions. The purposes of the model programs are to provide incentives for selected schools to: (a) Integrate vocational and academic instruction into a single curriculum; (b) Provide each student with a choice of multiple, flexible educational pathways based on the student’s career interest areas; (c) Emphasize increased vocational and academic guidance and counseling for students; (d) Foster partnerships with local employers and employees to incorporate work sites as part of work-based learning experiences; (e) Encourage collaboration among middle or junior high schools and secondary schools in developing successful transition programs and to encourage articulation agreements between secondary schools and community and technical colleges. (4) The legislature further finds that successful implementation of the school-to-work transitions program is an important part of achieving the purposes of chapter 336, Laws of 1993." [1993 c 336 § 601.] Part headings not law—1993 c 336: "Part headings as used in this act constitute no part of the law." [1993 c 336 § 1204.] Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040. Effective date—Severability—1977 ex.s. c 359: See notes following RCW 28A.150.200. 28A.150.211 Values and traits recognized. The legislature also recognizes that certain basic values and character 28A.150.211 [Title 28A RCW—page 6] traits are essential to individual liberty, fulfillment, and happiness. However, these values and traits are not intended to be assessed or be standards for graduation. The legislature intends that local communities have the responsibility for determining how these values and character traits are learned as determined by consensus at the local level. These values and traits include the importance of: (1) Honesty, integrity, and trust; (2) Respect for self and others; (3) Responsibility for personal actions and commitments; (4) Self-discipline and moderation; (5) Diligence and a positive work ethic; (6) Respect for law and authority; (7) Healthy and positive behavior; and (8) Family as the basis of society. [1994 c 245 § 10.] Effective date—1994 c 245 § 10: "Section 10 of this act shall take effect September 1, 1994." [1994 c 245 § 15.] 28A.150.220 Basic education act—Program requirements—Program accessibility—Rules. (1) Satisfaction of the basic education program requirements identified in RCW 28A.150.210 shall be considered to be implemented by the following program: (a) Each school district shall make available to students enrolled in kindergarten at least a total instructional offering of four hundred fifty hours. The program shall include instruction in the essential academic learning requirements under *RCW 28A.630.885 and such other subjects and such activities as the school district shall determine to be appropriate for the education of the school district’s students enrolled in such program; (b) Each school district shall make available to students enrolled in grades one through twelve, at least a district-wide annual average total instructional hour offering of one thousand hours. The state board of education may define alternatives to classroom instructional time for students in grades nine through twelve enrolled in alternative learning experiences. The state board of education shall establish rules to determine annual average instructional hours for districts including fewer than twelve grades. The program shall include the essential academic learning requirements under *RCW 28A.630.885 and such other subjects and such activities as the school district shall determine to be appropriate for the education of the school district’s students enrolled in such group; (c) If the essential academic learning requirements include a requirement of languages other than English, the requirement may be met by students receiving instruction in one or more American Indian languages. (2) Nothing contained in subsection (1) of this section shall be construed to require individual students to attend school for any particular number of hours per day or to take any particular courses. (3) Each school district’s kindergarten through twelfth grade basic educational program shall be accessible to all students who are five years of age, as provided by RCW 28A.225.160, and less than twenty-one years of age and shall consist of a minimum of one hundred eighty school days per school year in such grades as are conducted by a school district, and one hundred eighty half-days of instruction, or 28A.150.220 (2008 Ed.) General Provisions equivalent, in kindergarten: PROVIDED, That effective May 1, 1979, a school district may schedule the last five school days of the one hundred and eighty day school year for noninstructional purposes in the case of students who are graduating from high school, including, but not limited to, the observance of graduation and early release from school upon the request of a student, and all such students may be claimed as a full time equivalent student to the extent they could otherwise have been so claimed for the purposes of RCW 28A.150.250 and 28A.150.260. (4) The state board of education shall adopt rules to implement and ensure compliance with the program requirements imposed by this section, RCW 28A.150.250 and 28A.150.260, and such related supplemental program approval requirements as the state board may establish. [1993 c 371 § 2; (1995 c 77 § 1 and 1993 c 371 § 1 expired September 1, 2000); 1992 c 141 § 503; 1990 c 33 § 105; 1982 c 158 § 1; 1979 ex.s. c 250 § 1; 1977 ex.s. c 359 § 3. Formerly RCW 28A.58.754.] *Reviser’s note: RCW 28A.630.885 was recodified as RCW 28A.655.060 pursuant to 1999 c 388 § 607. RCW 28A.655.060 was subsequently repealed by 2004 c 19 § 206. Contingent expiration date—1995 c 77 § 1: "Section 1 of this act shall expire September 1, 2000. However, section 1 of this act shall not expire if, by September 1, 2000, a law is not enacted stating that a school accountability and academic assessment system is not in place." [1995 c 77 § 32.] That law was not enacted by September 1, 2000. Contingent effective date—1993 c 371 § 2: "Section 2 of this act shall take effect September 1, 2000. However, section 2 of this act shall not take effect if, by September 1, 2000, a law is enacted stating that a school accountability and academic assessment system is not in place." [1993 c 371 § 5.] That law was not enacted by September 1, 2000. Contingent effective date—1992 c 141 §§ 502-504, 506, and 507: See note following RCW 28A.150.205. Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040. Severability—1982 c 158: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1982 c 158 § 8.] Effective date—1979 ex.s. c 250: "This amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and except as otherwise provided in subsection (5) of section 1, and section 2 of this amendatory act, shall take effect August 15, 1979." [1979 ex.s. c 250 § 10.] Severability—1979 ex.s. c 250: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 250 § 11.] Effective date—Severability—1977 ex.s. c 359: See notes following RCW 28A.150.200. 28A.150.240 vide students with the opportunity to achieve those skills which are generally recognized as requisite to learning. (2) In conformance with the provisions of Title 28A RCW, as now or hereafter amended, it shall be the responsibility of each common school district board of directors to adopt policies to: (a) Establish performance criteria and an evaluation process for its certificated personnel, including administrative staff, and for all programs constituting a part of such district’s curriculum; (b) Determine the final assignment of staff, certificated or classified, according to board enumerated classroom and program needs; (c) Determine the amount of instructional hours necessary for any student to acquire a quality education in such district, in not less than an amount otherwise required in RCW 28A.150.220, or rules of the state board of education; (d) Determine the allocation of staff time, whether certificated or classified; (e) Establish final curriculum standards consistent with law and rules of the superintendent of public instruction, relevant to the particular needs of district students or the unusual characteristics of the district, and ensuring a quality education for each student in the district; and (f) Evaluate teaching materials, including text books, teaching aids, handouts, or other printed material, in public hearing upon complaint by parents, guardians or custodians of students who consider dissemination of such material to students objectionable. [2006 c 263 § 201; 1994 c 245 § 9; 1991 c 61 § 1; 1990 c 33 § 106; 1979 ex.s. c 250 § 7; 1977 ex.s. c 359 § 18. Formerly RCW 28A.58.758.] Findings—Purpose—2006 c 263: "In 2005, the legislature reconstituted the state board of education to refocus its purpose; abolished the academic achievement and accountability commission; and assigned policy and rule-making authority for educator preparation and certification to the professional educator standards board. The purpose of this act is to address the remaining statutory responsibilities of the state board of education held before 2005. The legislature finds that some duties should be retained with the reconstituted board; many duties should be transferred to other agencies or organizations, primarily but not exclusively to the superintendent of public instruction; and some duties should be repealed. This act also corrects statutes to implement fully the transfer of responsibilities authorized in 2005." [2006 c 263 § 1.] Part headings not law—2006 c 263: "Part headings used in this act are not any part of the law." [2006 c 263 § 1001.] Effective date—Severability—1979 ex.s. c 250: See notes following RCW 28A.150.220. Effective date—Severability—1977 ex.s. c 359: See notes following RCW 28A.150.200. 28A.150.240 Basic education act—Certificated teaching and administrative staff as accountable for classroom teaching—Scope—Responsibilities—Penalty. (1) It is the intended purpose of this section to guarantee that the certificated teaching and administrative staff in each common school district be held accountable for the proper and efficient conduct of classroom teaching in their school which will provide students with the opportunity to achieve those skills which are generally recognized as requisite to learning. (2) In conformance with the other provisions of Title 28A RCW, it shall be the responsibility of the certificated teaching and administrative staff in each common school to: 28A.150.240 28A.150.230 Basic education act—District school directors’ responsibilities. (1) It is the intent and purpose of this section to guarantee that each common school district board of directors, whether or not acting through its respective administrative staff, be held accountable for the proper operation of their district to the local community and its electorate. In accordance with the provisions of Title 28A RCW, as now or hereafter amended, each common school district board of directors shall be vested with the final responsibility for the setting of policies ensuring quality in the content and extent of its educational program and that such program pro28A.150.230 (2008 Ed.) [Title 28A RCW—page 7] 28A.150.250 Title 28A RCW: Common School Provisions (a) Implement the district’s prescribed curriculum and enforce, within their area of responsibility, the rules and regulations of the school district, the state superintendent of public instruction, and the state board of education, taking into due consideration individual differences among students, and maintain and render appropriate records and reports pertaining thereto. (b) Maintain good order and discipline in their classrooms at all times. (c) Hold students to a strict accountability while in school for any disorderly conduct while under their supervision. (d) Require excuses from the parents, guardians, or custodians of minor students in all cases of absence, late arrival to school, or early dismissal. (e) Give careful attention to the maintenance of a healthful atmosphere in the classroom. (f) Give careful attention to the safety of the student in the classroom and report any doubtful or unsafe conditions to the building administrator. (g) Evaluate each student’s educational growth and development and make periodic reports thereon to parents, guardians, or custodians and to school administrators. Failure to carry out such requirements as set forth in subsection (2)(a) through (g) above shall constitute sufficient cause for discharge of any member of such teaching or administrative staff. [1979 ex.s. c 250 § 5; 1977 ex.s. c 359 § 19. Formerly RCW 28A.58.760.] Effective date—Severability—1979 ex.s. c 250: See notes following RCW 28A.150.220. Effective date—Severability—1977 ex.s. c 359: See notes following RCW 28A.150.200. 28A.150.250 Annual basic education allocation of funds according to average FTE student enrollment— Student/teacher ratio standard. From those funds made available by the legislature for the current use of the common schools, the superintendent of public instruction shall distribute annually as provided in RCW 28A.510.250 to each school district of the state operating a program approved by the state board of education an amount which, when combined with an appropriate portion of such locally available revenues, other than receipts from federal forest revenues distributed to school districts pursuant to RCW 28A.520.010 and 28A.520.020, as the superintendent of public instruction may deem appropriate for consideration in computing state equalization support, excluding excess property tax levies, will constitute a basic education allocation in dollars for each annual average full time equivalent student enrolled, based upon one full school year of one hundred eighty days, except that for kindergartens one full school year shall be one hundred eighty half days of instruction, or the equivalent as provided in RCW 28A.150.220. Basic education shall be considered to be fully funded by those amounts of dollars appropriated by the legislature pursuant to RCW 28A.150.250 and 28A.150.260 to fund those program requirements identified in RCW 28A.150.220 in accordance with the formula and ratios provided in RCW 28A.150.260 and those amounts of dollars appropriated by the legislature to fund the salary requirements of RCW 28A.150.100 and 28A.150.410. 28A.150.250 [Title 28A RCW—page 8] Operation of a program approved by the state board of education, for the purposes of this section, shall include a finding that the ratio of students per classroom teacher in grades kindergarten through three is not greater than the ratio of students per classroom teacher in grades four and above for such district: PROVIDED, That for the purposes of this section, "classroom teacher" shall be defined as an instructional employee possessing at least a provisional certificate, but not necessarily employed as a certificated employee, whose primary duty is the daily educational instruction of students: PROVIDED FURTHER, That the state board of education shall adopt rules and regulations to insure compliance with the student/teacher ratio provisions of this section, and such rules and regulations shall allow for exemptions for those special programs and/or school districts which may be deemed unable to practicably meet the student/teacher ratio requirements of this section by virtue of a small number of students. If a school district’s basic education program fails to meet the basic education requirements enumerated in RCW 28A.150.250, 28A.150.260, and 28A.150.220, the state board of education shall require the superintendent of public instruction to withhold state funds in whole or in part for the basic education allocation until program compliance is assured: PROVIDED, That the state board of education may waive this requirement in the event of substantial lack of classroom space. [1990 c 33 § 107; 1987 1st ex.s. c 2 § 201; 1986 c 144 § 1; 1983 c 3 § 30; 1982 c 158 § 3; 1982 c 158 § 2; 1980 c 154 § 12; 1979 ex.s. c 250 § 2; 1977 ex.s. c 359 § 4; 1975 1st ex.s. c 211 § 1; 1973 2nd ex.s. c 4 § 1; 1973 1st ex.s. c 195 § 9; 1973 c 46 § 2. See also 1973 1st ex.s. c 195 §§ 136, 137, 138 and 139. Prior: 1972 ex.s. c 124 § 1; 1972 ex.s. c 105 § 2; 1971 ex.s. c 294 § 19; 1969 c 138 § 2; 1969 ex.s. c 223 § 28A.41.130; prior: 1967 ex.s. c 140 § 3; 1965 ex.s. c 171 § 1; 1965 ex.s. c 154 § 2; prior: (i) 1949 c 212 § 1, part; 1945 c 141 § 4, part; 1923 c 96 § 1, part; 1911 c 118 § 1, part; 1909 c 97 p 312 §§ 7-10, part; Rem. Supp. 1949 § 4940-4, part. (ii) 1949 c 212 § 2, part; 1945 c 141 § 5, part; 1909 c 97 p 312 §§ 7-10, part; Rem. Supp. 1949 § 4940-5, part. Formerly RCW 28A.41.130, 28.41.130.] Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes following RCW 84.52.0531. Effective date—1986 c 144: "Section 1 of this act shall be effective September 1, 1987." [1986 c 144 § 2.] Severability—1982 c 158: See note following RCW 28A.150.220. Purpose—Effective dates—Savings—Disposition of certain funds— Severability—1980 c 154: See notes following chapter 82.45 RCW digest. Effective date—Severability—1979 ex.s. c 250: See notes following RCW 28A.150.220. Effective date—Severability—1977 ex.s. c 359: See notes following RCW 28A.150.200. Emergency—Effective date—1973 2nd ex.s. c 4: See notes following RCW 84.52.043. Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. Effective date—1972 ex.s. c 124: "This 1972 amendatory act is necessary for the immediate preservation of the public peace, health and safety and the support of the state government and its existing public institutions, and sections 2, 3, 4, 6, 7 and 11 shall take effect immediately [February 25, 1972]; sections 1, 8, 9 and 10 hereof shall take effect July 1, 1973; and section 5 hereof shall take effect July 1, 1974." [1972 ex.s. c 124 § 12.] Severability—1972 ex.s. c 124: "If any provision of this 1972 amendatory act, or its application to any person or circumstance is held invalid, the (2008 Ed.) General Provisions remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1972 ex.s. c 124 § 13.] Effective date—1972 ex.s. c 105: "This act except for section 4 will take effect July 1, 1973." [1972 ex.s. c 105 § 5.] Severability—1972 ex.s. c 105: "If any provision of this 1972 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1972 ex.s. c 105 § 6.] Basic Education Act, RCW 28A.150.250 as part of: RCW 28A.150.200. Distribution of forest reserve funds—As affects basic education allocation: RCW 28A.520.020. 28A.150.260 Annual basic education allocation of funds according to average FTE student enrollment— Procedure to determine distribution formula—Submittal to legislature—Enrollment, FTE student, certificated and classified staff, defined. The basic education allocation for each annual average full time equivalent student shall be determined in accordance with the following procedures: (1) The governor shall and the superintendent of public instruction may recommend to the legislature a formula based on a ratio of students to staff for the distribution of a basic education allocation for each annual average full time equivalent student enrolled in a common school. The distribution formula shall have the primary objective of equalizing educational opportunities and shall provide appropriate recognition of the following costs among the various districts within the state: (a) Certificated instructional staff and their related costs; (b) Certificated administrative staff and their related costs; (c) Classified staff and their related costs; (d) Nonsalary costs; (e) Extraordinary costs, including school facilities, of remote and necessary schools as judged by the superintendent of public instruction, with recommendations from the school facilities citizen advisory panel under RCW 28A.525.025, and small high schools, including costs of additional certificated and classified staff; and (f) The attendance of students pursuant to RCW 28A.335.160 and 28A.225.250 who do not reside within the servicing school district. (2)(a) This formula for distribution of basic education funds shall be reviewed biennially by the superintendent and governor. The recommended formula shall be subject to approval, amendment or rejection by the legislature. The formula shall be for allocation purposes only. While the legislature intends that the allocations for additional instructional staff be used to increase the ratio of such staff to students, nothing in this section shall require districts to reduce the number of administrative staff below existing levels. (b) The formula adopted by the legislature shall reflect the following ratios at a minimum: (i) Forty-nine certificated instructional staff to one thousand annual average full time equivalent students enrolled in grades kindergarten through three; (ii) forty-six certificated instructional staff to one thousand annual average full time equivalent students in grades four through twelve; (iii) four certificated administrative staff to one thousand annual average full time equivalent students in grades kindergarten through twelve; and (iv) sixteen and sixty-seven one-hundredths classified personnel to one thou28A.150.260 (2008 Ed.) 28A.150.260 sand annual average full time equivalent students enrolled in grades kindergarten through twelve. (c) In the event the legislature rejects the distribution formula recommended by the governor, without adopting a new distribution formula, the distribution formula for the previous school year shall remain in effect: PROVIDED, That the distribution formula developed pursuant to this section shall be for state apportionment and equalization purposes only and shall not be construed as mandating specific operational functions of local school districts other than those program requiremen ts id entified in RCW 28 A.150.220 and 28A.150.100. The enrollment of any district shall be the annual average number of full time equivalent students and part time students as provided in RCW 28A.150.350, enrolled on the first school day of each month and shall exclude full time equivalent students with disabilities recognized for the purposes of allocation of state funds for programs under RCW 28A.155.010 through 28A.155.100. The definition of full time equivalent student shall be determined by rules of the superintendent of public instruction: PROVIDED, That the definition shall be included as part of the superintendent’s biennial budget request: PROVIDED, FURTHER, That any revision of the present definition shall not take effect until approved by the house appropriations committee and the senate ways and means committee: PROVIDED, FURTHER, That the office of financial management shall make a monthly review of the superintendent’s reported full time equivalent students in the common schools in conjunction with RCW 43.62.050. (3)(a) Certificated instructional staff shall include those persons employed by a school district who are nonsupervisory employees within the meaning of RCW 41.59.020(8): PROVIDED, That in exceptional cases, people of unusual competence but without certification may teach students so long as a certificated person exercises general supervision: PROVIDED, FURTHER, That the hiring of such classified people shall not occur during a labor dispute and such classified people shall not be hired to replace certificated employees during a labor dispute. (b) Certificated administrative staff shall include all those persons who are chief executive officers, chief administrative officers, confidential employees, supervisors, principals, or assistant principals within the meaning of RCW 41.59.020(4). [2006 c 263 § 322; 1997 c 13 § 2; (1997 c 13 § 1 and 1995 c 77 § 2 expired September 1, 2000); 1995 c 77 § 3; 1992 c 141 § 507; 1992 c 141 § 303; 1991 c 116 § 10; 1990 c 33 § 108; 1987 1st ex.s. c 2 § 202; 1985 c 349 § 5; 1983 c 229 § 1; 1979 ex.s. c 250 § 3; 1979 c 151 § 12; 1977 ex.s. c 359 § 5; 1969 ex.s. c 244 § 14. Prior: 1969 ex.s. c 217 § 3; 1969 c 130 § 7; 1969 ex.s. c 223 § 28A.41.140; prior: 1965 ex.s. c 154 § 3. Formerly RCW 28A.41.140, 28.41.140.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Contingent effective date—1997 c 13 § 2: "Section 2 of this act shall take effect September 1, 2000. However, section 2 of this act shall not take effect if, by September 1, 2000, a law is enacted stating that a school accountability and academic assessment system is not in place." [1997 c 13 § 15.] That law was not enacted by September 1, 2000. Contingent effective date—1995 c 77 § 3: "Section 3 of this act shall take effect September 1, 2000. However, section 3 of this act shall not take effect if, by September 1, 2000, a law is enacted stating that a school [Title 28A RCW—page 9] 28A.150.262 Title 28A RCW: Common School Provisions accountability and academic assessment system is not in place." [1995 c 77 § 33.] That law was not enacted by September 1, 2000. Contingent effective date—1992 c 141 §§ 502-504, 506, and 507: See note following RCW 28A.150.205. Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040. Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes following RCW 84.52.0531. Severability—1985 c 349: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1985 c 349 § 9.] Effective date—Severability—1979 ex.s. c 250: See notes following RCW 28A.150.220. Effective date—Severability—1977 ex.s. c 359: See notes following RCW 28A.150.200. Basic Education Act, RCW 28A.150.260 as part of: RCW 28A.150.200. Distribution of forest reserve funds—As affects basic education allocation: RCW 28A.520.020. 28A.150.262 Defining full-time equivalent student— Students receiving instruction through digital programs—Requirements—Rules. Under RCW 28A.150.260, the superintendent of public instruction shall revise the definition of a full-time equivalent student to include students who receive instruction through digital programs. "Digital programs" means electronically delivered learning that occurs primarily away from the classroom. The superintendent of public instruction has the authority to adopt rules to implement the revised definition beginning with the 2005-2007 biennium for school districts claiming state funding for the programs. The rules shall include but not be limited to the following: (1) Defining a full-time equivalent student under RCW 28A.150.260 or part-time student under RCW 28A.150.350 based upon the district’s estimated average weekly hours of learning activity as identified in the student’s learning plan, as long as the student is found, through monthly evaluation, to be making satisfactory progress; the rules shall require districts providing programs under this section to nonresident students to establish procedures that address, at a minimum, the coordination of student counting for state funding so that no student is counted for more than one full-time equivalent in the aggregate; (2) Requiring the board of directors of a school district offering, or contracting under RCW 28A.150.305 to offer, a digital program to adopt and annually review written policies for each program and program provider and to receive an annual report on its digital learning programs from its staff; (3) Requiring each school district offering or contracting to offer a digital program to report annually to the superintendent of public instruction on the types of programs and course offerings, and number of students participating; (4) Requiring completion of a program self-evaluation; (5) Requiring documentation of the district of the student’s physical residence; (6) Requiring that supervision, monitoring, assessment, and evaluation of the digital program be provided by certificated instructional staff; (7) Requiring each school district offering courses or programs to identify the ratio of certificated instructional staff to full-time equivalent students enrolled in such courses 28A.150.262 [Title 28A RCW—page 10] or programs, and to include a description of their ratio as part of the reports required under subsections (2) and (3) of this section; (8) Requiring reliable methods to verify a student is doing his or her own work; the methods may include proctored examinations or projects, including the use of web cams or other technologies. "Proctored" means directly monitored by an adult authorized by the school district; (9) Requiring, for each student receiving instruction in a digital program, a learning plan that includes a description of course objectives and information on the requirements a student must meet to successfully complete the program or courses. The rules shall allow course syllabi and other additional information to be used to meet the requirement for a learning plan; (10) Requiring that the district assess the educational progress of enrolled students at least annually, using, for fulltime students, the state assessment for the student’s grade level and using any other annual assessments required by the school district. Part-time students shall also be assessed at least annually. However, part-time students who are either receiving home-based instruction under chapter 28A.200 RCW or who are enrolled in an approved private school under chapter 28A.195 RCW are not required to participate in the assessments required under chapter 28A.655 RCW. The rules shall address how students who reside outside the geographic service area of the school district are to be assessed; (11) Requiring that each student enrolled in the program have direct personal contact with certificated instructional staff at least weekly until the student completes the course objectives or the requirements in the learning plan. Direct personal contact is for the purposes of instruction, review of assignments, testing, evaluation of student progress, or other learning activities. Direct personal contact may include the use of telephone, e-mail, instant messaging, interactive video communication, or other means of digital communication; (12) Requiring state-funded public schools or public school programs whose primary purpose is to provide digital learning programs to receive accreditation through the state accreditation program or through the regional accreditation program; (13) Requiring state-funded public schools or public school programs whose primary purpose is to provide digital learning to provide information to students and parents on whether or not the courses or programs: Cover one or more of the school district’s learning goals or of the state’s essential academic learning requirements or whether they permit the student to meet one or more of the state’s or district’s graduation requirements; and (14) Requiring that a school district that provides one or more digital courses to a student provide the parent or guardian of the student, prior to the student’s enrollment, with a description of any difference between home-based education as described in chapter 28A.200 RCW and the enrollment option selected by the student. The parent or guardian shall sign documentation attesting to his or her understanding of the difference and the documentation shall be retained by the district and made available for audit. [2005 c 356 § 2.] Findings—Intent—2005 c 356: "The legislature finds that digital learning courses and programs can provide students with opportunities to (2008 Ed.) General Provisions study subjects that may not otherwise be available within the students’ schools, school districts, or communities. These courses can also meet the instructional needs of students who have scheduling conflicts, students who learn best from technology-based instructional methods, and students who have a need to enroll in schools on a part-time basis. Digital learning courses can also meet the needs of students and families seeking nontraditional learning environments. The legislature further finds that the state rules used by school districts to support some digital learning courses were adopted before these types of courses were created, so the rules are not well-suited to the funding and delivery of digital instruction. It is the intent of the legislature to clarify the funding and delivery requirements for digital learning courses." [2005 c 356 § 1.] 28A.150.270 Annual basic education allocation of funds according to average FTE student enrollment— Procedure for crediting portion for school building purposes. The board of directors of a school district may, by properly executed resolution, request that the superintendent of public instruction direct a portion of the district’s basic education allocation be credited to the district’s capital projects fund and/or bond redemption fund. Moneys so credited shall be used solely for school building purposes. [1985 c 7 § 89; 1980 c 154 § 13. Formerly RCW 28A.41.143.] 28A.150.290 Effective date—Severability—1981 c 265: See notes following RCW 28A.160.150. Effective date—Severability—1977 ex.s. c 359: See notes following RCW 28A.150.200. Severability—1977 c 80: See note following RCW 28A.160.030. Severability—1971 c 48: See note following RCW 28A.310.250. Additional programs for which legislative appropriations must or may be made: RCW 28A.150.370. Basic Education Act, RCW 28A.150.280 as part of: RCW 28A.150.200. Transportation vehicle fund—Deposits in—Use—Rules for establishment and use: RCW 28A.160.130. 28A.150.270 Purpose—Effective dates—Savings—Disposition of certain funds— Severability—1980 c 154: See notes following chapter 82.45 RCW digest. School funds enumerated—Deposits—Uses: RCW 28A.320.330. 28A.150.275 28A.150.275 Annual basic education allocation for students in technical colleges. The basic education allocation, including applicable vocational entitlements and special education program money, generated under this chapter and under state appropriation acts by school districts for students enrolled in a technical college program established by an interlocal agreement under RCW 28B.50.533 shall be allocated in amounts as determined by the superintendent of public instruction to the serving college rather than to the school district, unless the college chooses to continue to receive the allocations through the school districts. This section does not apply to students enrolled in the running start program established in RCW 28A.600.310. [1995 c 77 § 4; 1993 c 223 § 1.] 28A.150.280 28A.150.280 Reimbursement for acquisition of approved transportation equipment—Method. Costs of acquisition of approved transportation equipment purchased prior to September 1, 1982, shall be reimbursed up to one hundred percent of the cost to be reimbursed over the anticipated life of the vehicle, as determined by the state superintendent: PROVIDED, That commencing with the 1980-81 school year, reimbursement shall be at one hundred percent or as close thereto as reasonably possible: PROVIDED FURTHER, That reimbursements for the acquisition of approved transportation equipment received by school districts shall be placed in the transportation vehicle fund for the current or future purchase of approved transportation equipment and for major transportation equipment repairs consistent with rules and regulations authorized in RCW 28A.160.130. [1993 c 111 § 1. Prior: 1990 c 33 § 110; 1990 c 33 § 109; 1981 c 343 § 1; 1981 c 265 § 9; 1981 c 265 § 8; 1977 ex.s. c 359 § 6; 1977 c 80 § 3; 1975 1st ex.s. c 275 § 60; 1972 ex.s. c 85 § 1; 1971 c 48 § 14; 1969 ex.s. c 223 § 28A.41.160; prior: 1965 ex.s. c 154 § 5. Formerly RCW 28A.41.160, 28.41.160.] (2008 Ed.) 28A.150.290 State superintendent to make rules and regulations—Unforeseen conditions or actions to be recognized—Paperwork limited. (1) The superintendent of public instruction shall have the power and duty to make such rules and regulations as are necessary for the proper administration of this chapter and RCW 28A.160.150 through *28A.160.220, 28A.300.170, and 28A.500.010 not inconsistent with the provisions thereof, and in addition to require such reports as may be necessary to carry out his or her duties under this chapter and RCW 28A.160.150 through *28A.160.220, 28A.300.170, and 28A.500.010. (2) The superintendent of public instruction shall have the authority to make rules and regulations which establish the terms and conditions for allowing school districts to receive state basic education moneys as provided in RCW 28A.150.250 when said districts are unable to fulfill for one or more schools as officially scheduled the requirement of a full school year of one hundred eighty days or the annual average total instructional hour offering imposed by RCW 28A.150.220 and 28A.150.260 due to one or more of the following conditions: (a) An unforeseen natural event, including, but not necessarily limited to, a fire, flood, explosion, storm, earthquake, epidemic, or volcanic eruption that has the direct or indirect effect of rendering one or more school district facilities unsafe, unhealthy, inaccessible, or inoperable; and (b) An unforeseen mechanical failure or an unforeseen action or inaction by one or more persons, including negligence and threats, that (i) is beyond the control of both a school district board of directors and its employees and (ii) has the direct or indirect effect of rendering one or more school district facilities unsafe, unhealthy, inaccessible, or inoperable. Such actions, inactions or mechanical failures may include, but are not necessarily limited to, arson, vandalism, riots, insurrections, bomb threats, bombings, delays in the scheduled completion of construction projects, and the discontinuance or disruption of utilities such as heating, lighting and water: PROVIDED, That an unforeseen action or inaction shall not include any labor dispute between a school district board of directors and any employee of the school district. A condition is foreseeable for the purposes of this subsection to the extent a reasonably prudent person would have anticipated prior to August first of the preceding school year that the condition probably would occur during the ensuing school year because of the occurrence of an event or a circumstance which existed during such preceding school year or a prior school year. A board of directors of a school district is deemed for the purposes of this subsection to have knowl28A.150.290 [Title 28A RCW—page 11] 28A.150.295 Title 28A RCW: Common School Provisions edge of events and circumstances which are a matter of common knowledge within the school district and of those events and circumstances which can be discovered upon prudent inquiry or inspection. (3) The superintendent of public instruction shall make every effort to reduce the amount of paperwork required in administration of this chapter and RCW 28A.160.150 through *28A.160.220, 28A.300.170, and 28A.500.010; to simplify the application, monitoring and evaluation processes used; to eliminate all duplicative requests for information from local school districts; and to make every effort to integrate and standardize information requests for other state education acts and federal aid to education acts administered by the superintendent of public instruction so as to reduce paperwork requirements and duplicative information requests. [1992 c 141 § 504; 1990 c 33 § 111; 1981 c 285 § 1; 1979 ex.s. c 250 § 6; 1973 1st ex.s. c 78 § 1; 1972 ex.s. c 105 § 4; 1971 c 46 § 1; 1969 ex.s. c 3 § 2; 1969 ex.s. c 223 § 28A.41.170. Prior: 1965 ex.s. c 154 § 6. Formerly RCW 28A.41.170, 28.41.170.] *Reviser’s note: RCW 28A.160.220 was recodified as RCW 28A.300.035 pursuant to 1994 c 113 § 2. Contingent effective date—1992 c 141 §§ 502-504, 506, and 507: See note following RCW 28A.150.205. Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040. Effective date—Severability—1979 ex.s. c 250: See notes following RCW 28A.150.220. Effective date—Severability—1972 ex.s. c 105: See notes following RCW 28A.150.250. (e) The Washington national guard youth challenge program; (f) Dropout prevention programs; or (g) Other public or private organizations, excluding sectarian or religious organizations. (2) Eligible students include students who are likely to be expelled or who are enrolled in the school district but have been suspended, are academically at risk, or who have been subject to repeated disciplinary actions due to behavioral problems. (3) If a school district board of directors chooses to initiate specialized programs for students at risk of expulsion or who are failing academically by contracting out with alternative educational service providers identified in subsection (1) of this section, the school district board of directors and the organization must specify the specific learning standards that students are expected to achieve. Placement of the student shall be jointly determined by the school district, the student’s parent or legal guardian, and the alternative educational service provider. (4) For the purpose of this section, the superintendent of public instruction shall adopt rules for reporting and documenting enrollment. Students may reenter at the grade level appropriate to the student’s ability. Students who are sixteen years of age or older may take the GED test. (5) The board of directors of school districts may require that students who would otherwise be suspended or expelled attend schools or programs listed in subsection (1) of this section as a condition of continued enrollment in the school district. [2002 c 291 § 1; 1997 c 265 § 6.] Severability—1997 c 265: See note following RCW 13.40.160. 28A.150.295 General public school system—Maintained. A general and uniform system of public schools embracing the common schools shall be maintained throughout the state of Washington in accordance with Article IX of the state Constitution. [1969 ex.s. c 223 § 28A.02.010. Prior: 1909 c 97 p 230 § 1; RRS § 4518; prior: 1897 c 118 § 1; 1890 p 348 § 1. Formerly RCW 28A.02.010, 28.02.010.] 28A.150.295 28A.150.300 Corporal punishment prohibited— Adoption of policy. The use of corporal punishment in the common schools is prohibited. The superintendent of public instruction shall develop and adopt a policy prohibiting the use of corporal punishment in the common schools. The policy shall be adopted and implemented in all school districts. [2006 c 263 § 702; 1993 c 68 § 1.] 28A.150.300 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.150.305 Alternative educational service providers—Student eligibility. (1) The board of directors of school districts may contract with alternative educational service providers for eligible students. Alternative educational service providers that the school district may contract with include, but are not limited to: (a) Other schools; (b) Alternative education programs not operated by the school district; (c) Education centers; (d) Skills centers; 28A.150.305 [Title 28A RCW—page 12] 28A.150.310 National guard youth challenge program—Allocation of funding—Rules. Basic and nonbasic education funding, including applicable vocational entitlements and special education program money, generated under this chapter and under state appropriations acts shall be allocated directly to the military department for a national guard youth challenge program for students earning high school graduation credit under *RCW 28A.305.170. Funding shall be provided based on statewide average rates for basic education, special education, categorical, and block grant programs as determined by the office of the superintendent of public instruction. The monthly full-time equivalent enrollment reported for students enrolled in the national guard youth challenge program shall be based on one full-time equivalent for every one hundred student hours of scheduled instruction eligible for high school graduation credit. The office of the superintendent of public instruction, in consultation with the military department, shall adopt such rules as are necessary to implement this section. [2002 c 291 § 2.] 28A.150.310 *Reviser’s note: RCW 28A.305.170 was recodified as RCW 28A.300.165 pursuant to 2006 c 263 § 419. 28A.150.315 Voluntary all-day kindergarten programs—Funding. (1) Beginning with the 2007-08 school year, funding for voluntary all-day kindergarten programs shall be phased-in beginning with schools with the highest poverty levels, defined as those schools with the highest percentages of students qualifying for free and reduced-price lunch support in the prior school year. Once a school 28A.150.315 (2008 Ed.) General Provisions receives funding for the all-day kindergarten program, that school shall remain eligible for funding in subsequent school years regardless of changes in the school’s percentage of students eligible for free and reduced-price lunches as long as other program requirements are fulfilled. Additionally, schools receiving all-day kindergarten program support shall agree to the following conditions: (a) Provide at least a one thousand-hour instructional program; (b) Provide a curriculum that offers a rich, varied set of experiences that assist students in: (i) Developing initial skills in the academic areas of reading, mathematics, and writing; (ii) Developing a variety of communication skills; (iii) Providing experiences in science, social studies, arts, health and physical education, and a world language other than English; (iv) Acquiring large and small motor skills; (v) Acquiring social and emotional skills including successful participation in learning activities as an individual and as part of a group; and (vi) Learning through hands-on experiences; (c) Establish learning environments that are developmentally appropriate and promote creativity; (d) Demonstrate strong connections and communication with early learning community providers; and (e) Participate in kindergarten program readiness activities with early learning providers and parents. (2) Subject to funds appropriated for this purpose, the superintendent of public instruction shall designate one or more school districts to serve as resources and examples of best practices in designing and operating a high-quality allday kindergarten program. Designated school districts shall serve as lighthouse programs and provide technical assistance to other school districts in the initial stages of implementing an all-day kindergarten program. Examples of topics addressed by the technical assistance include strategic planning, developing the instructional program and curriculum, working with early learning providers to identify students and communicate with parents, and developing kindergarten program readiness activities. (3) Any funds allocated to support all-day kindergarten programs under this section shall not be considered as basic education funding. [2007 c 400 § 2.] Capti ons no t la w— 200 7 c 400: See no te fol lo win g RC W 28A.150.210. 28A.150.360 by any public school not available in such private school; or any student who is not enrolled in a private school and is receiving home-based instruction under RCW 28A.225.010 which instruction includes taking courses at or receiving ancillary services from the local school district or both; or any student involved in any work training program and taking courses in any public school, which work training program is approved by the school board of the district in which such school is located. (2) The board of directors of any school district is authorized and, in the same manner as for other public school students, shall permit the enrollment of and provide ancillary services for part time students: PROVIDED, That this section shall only apply to part time students who would be otherwise eligible for full time enrollment in the school district. (3) The superintendent of public instruction shall recognize the costs to each school district occasioned by enrollment of and/or ancillary services provided for part time students authorized by subsection (2) of this section and shall include such costs in the distribution of funds to school districts pursuant to RCW 28A.150.260. Each school district shall be reimbursed for the costs or a portion thereof, occasioned by attendance of and/or ancillary services provided for part time students on a part time basis, by the superintendent of public instruction, according to law. (4) Each school funding authority shall recognize the costs occasioned to each school district by enrollment of and ancillary services provided for part time students authorized by subsection (2) of this section, and shall include said costs in funding the activities of said school districts. (5) The superintendent of public instruction is authorized to adopt rules and regulations to carry out the purposes of RCW 28A.150.260 and 28A.150.350. [1990 c 33 § 112; 1985 c 441 § 5; 1977 ex.s. c 359 § 8; 1972 ex.s. c 14 § 1; 1969 ex.s. c 217 § 4. Formerly RCW 28A.41.145.] Severability—1985 c 441: See note following RCW 28A.225.010. Effective date—Severability—1977 ex.s. c 359: See notes following RCW 28A.150.200. Severability—1972 ex.s. c 14: "If any provision of this 1972 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is held invalid." [1972 ex.s. c 14 § 2.] Basic Education Act, RCW 28A.150.350 as part of: RCW 28A.150.200. 28A.150.360 28A.150.350 Part time students—Defined—Enrollment authorized—Reimbursement for costs—Funding authority recognition—Rules, regulations. (1) For purposes of this section, the following definitions shall apply: (a) "Private school student" shall mean any student enrolled full time in a private school; (b) "School" shall mean any primary, secondary or vocational school; (c) "School funding authority" shall mean any nonfederal governmental authority which provides moneys to common schools; (d) "Part time student" shall mean and include: Any student enrolled in a course of instruction in a private school and taking courses at and/or receiving ancillary services offered 28A.150.350 (2008 Ed.) 28A.150.360 Adjustments to meet emergencies. In the event of an unforeseen emergency, in the nature of either an unavoidable cost to a district or unexpected variation in anticipated revenues to a district, the state superintendent is authorized, for not to exceed two years, to make such an adjustment in the allocation of funds as is consistent with the intent of this chap ter, RC W 2 8A.160 .15 0 thr ough 28A.160.210, 28A.300.170, and 28A.500.010 in providing an equal educational opportunity for the children of such district or districts. [1995 c 335 § 101; 1990 c 33 § 113; 1969 ex.s. c 223 § 28A.41.150. Prior: 1965 ex.s. c 154 § 4. Formerly RCW 28A.41.150, 28.41.150.] Part headings, table of contents not law—1995 c 335: "Part headings and the table of contents as used in this act do not constitute any part of the law." [1995 c 335 § 805.] [Title 28A RCW—page 13] 28A.150.370 Title 28A RCW: Common School Provisions 28A.150.370 Additional programs for which legislative appropriations must or may be made. In addition to those state funds provided to school districts for basic education, the legislature shall appropriate funds for pupil transportation, in accordance with this chapter, RCW 28A.160.150 through 28A.160.210, 28A.300.035, 28A.300.170, and 28A.500.010, and for special education programs for stud e n t s w i th d i s a b i li t i es , i n ac c o r d a n c e w it h R C W 28A.155.010 through 28A.155.100. The legislature may appropriate funds to be distributed to school districts for population factors such as urban costs, enrollment fluctuations and for special programs, including but not limited to, vocational-technical institutes, compensatory programs, bilingual education, urban, rural, racial and disadvantaged programs, programs for gifted students, and other special programs. [1995 c 335 § 102; 1995 c 77 § 5; 1990 c 33 § 114; 1982 1st ex.s. c 24 § 1; 1977 ex.s. c 359 § 7. Formerly RCW 28A.41.162.] 28A.150.370 for programs operated by local school districts shall be on an excess cost basis from appropriations provided by the legislature for special education programs for students with disabilities and shall take account of state funds accruing through RCW 28A.150.250, 28A.150.260, federal medical assistance and private funds accruing under RCW 74.09.5249 through 74.09.5253 and 74.09.5254 through 74.09.5256, and other state and local funds, excluding special excess levies. [1995 c 77 § 6; 1994 c 180 § 8; 1993 c 149 § 9; 1990 c 33 § 116; 1989 c 400 § 2; 1980 c 87 § 5; 1971 ex.s. c 66 § 11. Formerly RCW 28A.41.053.] Conflict with federal requirements—Severability—1994 c 180: See notes following RCW 74.09.5243. Conflict with federal requirements—Severability—Effective dates—1993 c 149: See notes following RCW 74.09.5241. Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360. Intent—1989 c 400: "The legislature finds that there is increasing demand for school districts’ special education programs to include medical services necessary for handicapped children’s participation and educational progress. In some cases, these services could qualify for federal funding under Title XIX of the social security act. The legislature intends to establish a process for school districts to obtain reimbursement for eligible services from medical assistance funds. In this way, state dollars for handicapped education can be leveraged to generate federal matching funds, thereby increasing the overall level of resources available for school districts’ special education programs." [1989 c 400 § 1.] Effective date—1982 1st ex.s. c 24: "Sections 2 and 3 of this amendatory act shall take effect September 1, 1982." [1982 1st ex.s. c 24 § 6.] Severability—Effective date—1971 ex.s. c 66: See notes following RCW 28A.155.010. Reviser’s note: This section was amended by 1995 c 77 § 5 and by 1995 c 335 § 102, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Severability—1982 1st ex.s. c 24: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1982 1st ex.s. c 24 § 7.] Effective date—Severability—1977 ex.s. c 359: See notes following RCW 28A.150.200. Basic Education Act, RCW 28A.150.370 as part of: RCW 28A.150.200. 28A.150.380 Appropriations by legislature. (1) The state legislature shall, at each regular session in an odd-numbered year, appropriate from the state general fund for the current use of the common schools such amounts as needed for state support to the common schools during the ensuing biennium as provided in this chapter, RCW 28A.160.150 through 28A.160.210, 28A.300.170, and 28A.500.010. (2) The state legislature shall also, at each regular session in an odd-numbered year, appropriate from the student achievement fund and education construction fund solely for the purposes of and in accordance with the provisions of the student achievement act during the ensuing biennium. [2001 c 3 § 10 (Initiative Measure No. 728, approved November 7, 2000); 1995 c 335 § 103; 1990 c 33 § 115; 1980 c 6 § 3; 1969 ex.s. c 223 § 28A.41.050. Prior: 1945 c 141 § 2; Rem. Supp. 1945 § 4940-2. Formerly RCW 28A.41.050, 28.41.050.] 28A.150.380 Short title—Purpose—Intent—Construction—Severability— Effective dates—2001 c 3 (Initiative Measure No. 728): See notes following RCW 28A.505.210. Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360. Severability—1980 c 6: See note following RCW 28A.515.320. 28A.150.390 Appropriations for special education programs. The superintendent of public instruction shall submit to each regular session of the legislature during an odd-numbered year a programmed budget request for special education programs for students with disabilities. Funding 28A.150.390 [Title 28A RCW—page 14] 28A.150.400 Apportionment factors to be based on current figures—Rules and regulations. State and county funds which may become due and apportionable to school districts shall be apportioned in such a manner that any apportionment factors used shall utilize data and statistics derived in the school year that such funds are paid: PROVIDED, That the superintendent of public instruction may make necessary administrative provision for the use of estimates, and corresponding adjustments to the extent necessary: PROVIDED FURTHER, That as to those revenues used in determining the amount of state funds to be apportioned to school districts pursuant to RCW 28A.150.250, any apportionment factors shall utilize data and statistics derived in an annual period established pursuant to rules and regulations promulgated by the superintendent of public instruction in cooperation with the department of revenue. [1990 c 33 § 117; 1972 ex.s. c 26 § 3; 1969 ex.s. c 223 § 28A.41.055. Prior: 1955 c 350 § 1. Formerly RCW 28A.41.055, 28.41.055.] 28A.150.400 Severability—1972 ex.s. c 26: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1972 ex.s. c 26 § 4.] 28A.150.410 Basic education certificated instructional staff—Salary allocation schedule—Limits on postgraduate credits. (1) The legislature shall establish for each school year in the appropriations act a statewide salary allocation schedule, for allocation purposes only, to be used to distribute funds for basic education certificated instructional staff salaries under RCW 28A.150.260. (2) Salary allocations for state-funded basic education certificated instructional staff shall be calculated by the superintendent of public instruction by determining the district’s average salary for certificated instructional staff, using 28A.150.410 (2008 Ed.) Special Education the statewide salary allocation schedule and related documents, conditions, and limitations established by the omnibus appropriations act. (3) Beginning January 1, 1992, no more than ninety college quarter-hour credits received by any employee after the baccalaureate degree may be used to determine compensation allocations under the state salary allocation schedule and LEAP documents referenced in the omnibus appropriations act, or any replacement schedules and documents, unless: (a) The employee has a masters degree; or (b) The credits were used in generating state salary allocations before January 1, 1992. (4) Beginning in the 2007-08 school year, the calculation of years of service for occupational therapists, physical therapists, speech-language pathologists, audiologists, nurses, social workers, counselors, and psychologists regulated under Title 18 RCW may include experience in schools and other nonschool positions as occupational therapists, physical therapists, speech-language pathologists, audiologists, nurses, social workers, counselors, or psychologists. The calculation shall be that one year of service in a nonschool position counts as one year of service for purposes of this chapter, up to a limit of two years of nonschool service. Nonschool years of service included in calculations under this subsection shall not be applied to service credit totals for purposes of any retirement benefit under chapter 41.32, 41.35, or 41.40 RCW, or any other state retirement system benefits. [2007 c 403 § 1; 2002 c 353 § 1; 1997 c 141 § 1; 1990 c 33 § 118; 1989 1st ex.s. c 16 § 1; 1987 3rd ex.s. c 1 § 4; 1987 1st ex.s. c 2 § 204. Formerly RCW 28A.41.112.] Effective date—2002 c 353: "This act takes effect September 1, 2002." [2002 c 353 § 3.] Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes following RCW 84.52.0531. 28A.150.420 Reimbursement for classes provided outside regular school year. The superintendent of public instruction shall establish procedures to allow school districts to claim basic education allocation funds for students attending classes that are provided outside the regular school year to the extent such attendance is in lieu of attendance during the regular school year: PROVIDED, That nothing in this section shall be construed to alter the basic education allocation for which the district is otherwise eligible. [1989 c 233 § 10. Formerly RCW 28A.41.172.] 28A.150.420 28A.150.500 Educational agencies offering vocational education programs—Local advisory committees—Advice on current job needs. (1) Each local education agency or college district offering vocational educational programs shall establish local advisory committees to provide that agency or district with advice on current job needs and on the courses necessary to meet these needs. (2) The local program committees shall: (a) Participate in the determination of program goals; (b) Review and evaluate program curricula, equipment, and effectiveness; (c) Include representatives of business and labor who reflect the local industry, and the community; and (d) Actively consult with other representatives of business, industry, labor, and agriculture. [1991 c 238 § 76.] 28A.150.500 (2008 Ed.) Chapter 28A.155 Effective dates—Severability—1991 c 238: See RCW 28B.50.917 and 28B.50.918. 28A.150.510 Transmittal of education records to department of social and health services. In order to effectively serve students who are dependent pursuant to chapter 13.34 RCW, education records shall be transmitted to the department of social and health services within two school days after receiving the request from the department provided that the department certifies that it will not disclose to any other party the education records without prior written consent of the parent or student unless authorized to disclose the records under state law. The department of social and health services is authorized to disclose education records it obtains pursuant to this section to a foster parent, guardian, or other entity authorized by the department to provide residential care to the student. [2008 c 297 § 5; 2000 c 88 § 1.] 28A.150.510 28A.150.520 High-performance public buildings— Compliance with requirements. Public school districts must comply with high-performance public building[s] requirements under RCW 39.35D.010, 39.35D.020, 39.35D.040, 39.35D.060, and 28A.150.530. [2005 c 12 § 9.] 28A.150.520 28A.150.530 High-performance public buildings— Implementation rules—Energy conservation report review. (1) In adopting implementation rules, the superintendent of public instruction, in consultation with the department of general administration, shall review and modify the current requirement for an energy conservation report review by the department of general administration as provided in WAC 180-27-075. (2) In adopting implementation rules, the superintendent of public instruction shall: (a) Review and modify the current requirements for value engineering, constructibility review, and building commissioning as provided in WAC 180-27-080; (b) Review private and public utility providers’ capacity and financial/technical assistance programs for affected public school districts to monitor and report utility consumption for purposes of reporting to the superintendent of public instruction as provided in RCW 39.35D.040; (c) Coordinate with the department of general administration, the state board of health, the department of ecology, federal agencies, and other affected agencies as appropriate in their consideration of rules to implement this section. [2006 c 263 § 326; 2005 c 12 § 7.] 28A.150.530 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Chapter 28A.155 Chapter 28A.155 RCW SPECIAL EDUCATION Sections 28A.155.010 28A.155.020 28A.155.030 28A.155.040 28A.155.045 Purpose. Administration of program in the office of the superintendent of public instruction—Adoption of definitions by rule—Local school district powers not limited. Division administrative officer—Duties. Authority of districts—Participation of department of social and health services. Certificate of individual achievement. [Title 28A RCW—page 15] 28A.155.010 28A.155.050 28A.155.060 28A.155.065 28A.155.070 28A.155.080 28A.155.090 28A.155.100 28A.155.105 28A.155.115 28A.155.140 28A.155.160 28A.155.170 28A.155.180 28A.155.190 Title 28A RCW: Common School Provisions Services through special excess cost aid programs—Apportionment—Allocations from state excess funds. District authority to contract with approved agencies— Approval standards. Early intervention services. Services to students of preschool age with disabilities— Apportionment—Allocations from state excess cost funds. Appeal from denial of educational program. Superintendent of public instruction’s duty and authority. Sanctions applied to noncomplying districts. Braille instruction—Definitions. Braille instruction—Assessment—Provision in student’s curriculum. Curriculum-based assessment procedures for early intervening services. Assistive devices and services—Interagency cooperative agreements—Definitions. Graduation ceremony—Certificate of attendance—Students with individualized education programs. Safety net funds—Application—Technical assistance— Annual survey. Information on autism. 28A.155.010 Purpose. It is the purpose of RCW 28A.155.010 through 28A.155.160, 28A.160.030, and 28A.150.390 to ensure that all children with disabilities as defined in RCW 28A.155.020 shall have the opportunity for an appropriate education at public expense as guaranteed to them by the Constitution of this state and applicable federal laws. [2007 c 115 § 1; 1995 c 77 § 7; 1990 c 33 § 120; 1971 ex.s. c 66 § 1. Formerly RCW 28A.13.005.] 28A.155.010 Severability—1971 ex.s. c 66: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1971 ex.s. c 66 § 13.] Effective date—1971 ex.s. c 66: "This 1971 amendatory act will take effect July 1, 1973." [1971 ex.s. c 66 § 14.] 28A.155.020 Administration of program in the office of the superintendent of public instruction—Adoption of definitions by rule—Local school district powers not limited. There is established in the office of the superintendent of public instruction an administrative section or unit for the education of children with disabilities who require special education. Students with disabilities are those children whether enrolled in school or not who through an evaluation process are determined eligible for special education due to a disability. In accordance with part B of the federal individuals with disabilities education improvement act and any other federal or state laws relating to the provision of special education services, the superintendent of public instruction shall require each school district in the state to insure an appropriate educational opportunity for all children with disabilities between the ages of three and twenty-one, but when the twenty-first birthday occurs during the school year, the educational program may be continued until the end of that school year. The superintendent of public instruction, by rule, shall establish for the purpose of excess cost funding, as provided in RCW 28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.160, functional definitions of special education, the various types of disabling conditions, and eligibility criteria for special education programs for children with disabilities, including referral procedures, use of aversive interventions, the education curriculum and statewide or district-wide assessments, parent and district requests for special education due process hearings, and procedural safeguards. For the purposes of RCW 28A.155.010 through 28A.155.160, an appropriate education is defined as an education directed to the unique needs, abilities, and limitations of the children with disabilities who are enrolled either full time or part time in a school district. School districts are strongly encouraged to provide parental training in the care and education of the children and to involve parents in the classroom. Nothing in this section shall prohibit the establishment or continuation of existing cooperative programs between school districts or contracts with other agencies approved by the superintendent of public instruction, which can meet the obligations of school districts to provide education for children with disabilities, or prohibit the continuation of needed related services to school districts by the department of social and health services. This section shall not be construed as in any way limiting the powers of local school districts set forth in RCW 28A.155.070. [2007 c 115 § 2; 1995 c 77 § 8; 1990 c 33 § 121; 1985 c 341 § 4; 1984 c 160 § 1; 1971 ex.s. c 66 § 2; 1969 ex.s. c 2 § 2; 1969 ex.s. c 223 § 28A.13.010. Prior: 1951 c 92 § 1; prior: (i) 1943 c 120 § 1; Rem. Supp. 1943 § 4679-25. (ii) 1943 c 120 § 2, part; Rem. Supp. 1943 § 4679-26, part. Formerly RCW 28A.13.010, 28.13.010.] Effective date—1985 c 341 §§ 4 and 13: "Sections 4 and 13 of this act shall take effect August 1, 1985." [1985 c 341 § 18.] Severability—1984 c 160: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1984 c 160 § 6.] Severability—Effective date—1971 ex.s. c 66: See notes following RCW 28A.155.010. 28A.155.020 [Title 28A RCW—page 16] 28A.155.030 Division administrative officer—Duties. The superintendent of public instruction shall employ an administrative officer of the division. The administrative officer, under the direction of the superintendent of public instruction, shall coordinate and supervise the program of special education for eligible children with disabilities in the school districts of the state. He or she shall ensure that school districts provide an appropriate educational opportunity for all children with disabilities in need of special education and related services and shall coordinate with the state secretary of social and health services and with county and regional officers on cases where related services are available for children with disabilities. [2007 c 115 § 3; 1995 c 77 § 9; 1990 c 33 § 122; 1975 1st ex.s. c 275 § 52; 1972 ex.s. c 10 § 1. Prior: 1971 ex.s. c 66 § 3; 1971 c 48 § 3; 1969 ex.s. c 223 § 28A.13.020; prior: 1943 c 120 § 3; Rem. Supp. 1943 § 4679-27. Formerly RCW 28A.13.020, 28.13.020.] 28A.155.030 Severability—Effective date—1971 ex.s. c 66: See notes following RCW 28A.155.010. 28A.155.040 Authority of districts—Participation of department of social and health services. The board of directors of each school district, for the purpose of compliance with the provisions of RCW 28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.160 and chapter 28A.190 RCW, shall cooperate with the superintendent of public instruction and with the administrative officer 28A.155.040 (2008 Ed.) Special Education and shall provide an appropriate educational opportunity to children with disabilities, as defined in RCW 28A.155.020, in regular or special school facilities within the district or shall contract for such services with other agencies as provided in RCW 28A.155.060 or shall participate in an interdistrict arrangement in accordance with RCW 28A.335.160 and 28A.225.220 and/or 28A.225.250 and 28A.225.260. In carrying out their responsibilities under this chapter, school districts severally or jointly with the approval of the superintendent of public instruction are authorized to support and/ or contract for residential schools and/ or homes approved by the department of social and health services for aid and special attention to students with disabilities. The cost of board and room in facilities approved by the department of social and health services shall be provided by the department of social and health services for those students with disabilities eligible for such aid under programs of the department. The cost of approved board and room shall be provided for those students with disabilities not eligible under programs of the department of social and health services but deemed in need of the same by the superintendent of public instruction: PROVIDED, That no school district shall be financially responsible for special education programs for students who are attending residential schools operated by the department of social and health services: PROVIDED FURTHER, That the provisions of RCW 28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.100 shall not preclude the extension by the superintendent of public instruction of special education opportunities to students with disabilities in residential schools operated by the department of social and health services. [2007 c 115 § 4; 1995 c 77 § 10; 1990 c 33 § 123; 1971 ex.s. c 66 § 4; 1969 ex.s. c 223 § 28A.13.030. Prior: 1959 c 122 § 1; 1953 c 135 § 1; 1943 c 120 § 4; Rem. Supp. 1943 § 4679-28. Formerly RCW 28A.13.030, 28.13.030.] Severability—Effective date—1971 ex.s. c 66: See notes following RCW 28A.155.010. 28A.155.045 28A.155.045 Certificate of individual achievement. Beginning with the graduating class of 2008, students served under this chapter, who are not appropriately assessed by the high school Washington assessment system as defined in RCW 28A.655.061, even with accommodations, may earn a certificate of individual achievement. The certificate may be earned using multiple ways to demonstrate skills and abilities commensurate with their individual education programs. The determination of whether the high school assessment system is appropriate shall be made by the student’s individual education program team. Except as provided in RCW 28A.655.0611, for these students, the certificate of individual achievement is required for graduation from a public high school, but need not be the only requirement for graduation. When measures other than the high school assessment system as defined in RCW 28A.655.061 are used, the measures shall be in agreement with the appropriate educational opportunity provided for the student as required by this chapter. The superintendent of public instruction shall develop the guidelines for determining which students should not be required to participate in the high school assessment system and which types of assessments are appropriate to use. (2008 Ed.) 28A.155.060 When measures other than the high school assessment system as defined in RCW 28A.655.061 are used for high school graduation purposes, the student’s high school transcript shall note whether that student has earned a certificate of individual achievement. Nothing in this section shall be construed to deny a student the right to participation in the high school assessment system as defined in RCW 28A.655.061, and, upon successfully meeting the high school standard, receipt of the certificate of academic achievement. [2007 c 354 § 3; 2004 c 19 § 104.] F ind ing s— Inte nt— 2 007 c 35 4: See n ot e fol l ow i ng RC W 28A.655.061. Part headings and captions not law—Severability—Effective date—2004 c 19: See notes following RCW 28A.655.061. 28A.155.050 Services through special excess cost aid programs—Apportionment—Allocations from state excess funds. Any child who is eligible for special education services through special excess cost aid programs authorized under RCW 28A.155.010 through 28A.155.160 shall be given such services in the least restrictive environment as determined by the student’s individualized education program (IEP) team in the school district in which such student resides. Any school district required to provide such services shall thereupon be granted regular apportionment of state and county school funds and, in addition, allocations from state excess funds made available for such special services for such period of time as such special education program is given: PROVIDED, That should such student or any other student with disabilities attend and participate in a special education program operated by another school district in accordance with the provisions of RCW 28A.225.210, 28A.225.220, and/or 28A.225.250, such regular apportionment shall be granted to the receiving school district, and such receiving school district shall be reimbursed by the district in which such student resides in accordance with rules adopted by the superintendent of public instruction for the entire approved excess cost not reimbursed from such regular apportionment. [2007 c 115 § 5; 1995 c 77 § 11; 1990 c 33 § 124; 1971 ex.s. c 66 § 5; 1969 ex.s. c 223 § 28A.13.040. Prior: 1943 c 120 § 5; Rem. Supp. 1943 § 4679-29. Formerly RCW 28A.13.040, 28.13.040.] 28A.155.050 Severability—Effective date—1971 ex.s. c 66: See notes following RCW 28A.155.010. 28A.155.060 District authority to contract with approved agencies—Approval standards. For the purpose of carrying out the provisions of RCW 28A.155.020 through 28A.155.050, the board of directors of every school district shall be authorized to contract with agencies approved by the superintendent of public instruction for operating special education programs for students with disabilities. Approval standards for such agencies shall conform substantially with those of special education programs in the common schools. [2007 c 115 § 6; 2006 c 263 § 915; 1995 c 77 § 12; 1990 c 33 § 125; 1971 ex.s. c 66 § 6. Formerly RCW 28A.13.045.] 28A.155.060 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Severability—Effective date—1971 ex.s. c 66: See notes following RCW 28A.155.010. [Title 28A RCW—page 17] 28A.155.065 Title 28A RCW: Common School Provisions 28A.155.065 Early intervention services. (1) By September 1, 2009, each school district shall provide or contract for early intervention services to all eligible children with disabilities from birth to three years of age. Eligibility shall be determined according to Part C of the federal individuals with disabilities education improvement act or other applicable federal and state laws, and as specified in the Washington Administrative Code adopted by the state lead agency. School districts shall provide or contract for early intervention services in partnership with local birth-to-three lead agencies and birth-to-three providers. Services provided under this section shall not supplant services or funding currently provided in the state for early intervention services to eligible children with disabilities from birth to three years of age. The state-designated birth-to-three lead agency shall be payor of last resort for birth-to-three early intervention services provided under this section. (2) The services in this section are not part of the state’s program of basic education pursuant to Article IX of the state Constitution. [2007 c 115 § 7; 2006 c 269 § 2.] 28A.155.065 Finding—2006 c 269: "The legislature finds an urgent and substantial need to enhance the development of all infants and toddlers with disabilities in Washington in order to minimize developmental delays and to maximize individual potential for learning and functioning." [2006 c 269 § 1.] 28A.155.070 Services to students of preschool age with disabilities—Apportionment—Allocations from state excess cost funds. (Effective until September 1, 2009.) Special educational programs provided by the state and the school districts thereof for students with disabilities may be extended to include students of preschool age. School districts which extend such special programs to children of preschool age shall be entitled to the regular apportionments from state and county school funds, as provided by law, and in addition to allocations from state excess cost funds made available for such special services for those children with disabilities who are given such special services. [2007 c 115 § 8; 1995 c 77 § 13; 1971 ex.s. c 66 § 7; 1969 ex.s. c 223 § 28A.13.050. Prior: 1951 c 92 § 2; 1949 c 186 § 1; Rem. Supp. 1949 § 4901-3. Formerly RCW 28A.13.050, 28.13.050.] 28A.155.070 Expiration date—2007 c 115 § 8: "Section 8 of this act expires September 1, 2009." [2007 c 115 § 16.] Severability—Effective date—1971 ex.s. c 66: See notes following RCW 28A.155.010. 28A.155.070 Services to students of preschool age with disabilities—Apportionment—Allocations from state excess cost funds. (Effective September 1, 2009.) Special educational programs provided by the state and the school districts thereof for students with disabilities shall be extended to include students of preschool age. School districts shall be entitled to the regular apportionments from state and county school funds, as provided by law, and in addition to allocations from state excess cost funds made available for such special services for those students with disabilities who are given such special services. [2007 c 115 § 9; 2006 c 269 § 3; 1995 c 77 § 13; 1971 ex.s. c 66 § 7; 1969 ex.s. c 223 § 28A.13.050. Prior: 1951 c 92 § 2; 1949 c 186 § 1; Rem. Supp. 1949 § 4901-3. Formerly RCW 28A.13.050, 28.13.050.] 28A.155.070 [Title 28A RCW—page 18] Effective date—2007 c 115 § 9: "Section 9 of this act takes effect September 1, 2009." [2007 c 115 § 17.] Effective date—2006 c 269 § 3: "Section 3 of this act takes effect September 1, 2009." [2006 c 269 § 4.] Finding—2006 c 269: See note following RCW 28A.155.065. Severability—Effective date—1971 ex.s. c 66: See notes following RCW 28A.155.010. 28A.155.080 Appeal from denial of educational program. Where a child with disabilities as defined in RCW 28A.155.020 has been denied the opportunity of a special educational program by a local school district there shall be a right of appeal by the parent or guardian of such child to the superintendent of public instruction pursuant to procedures established by the superintendent and in accordance with RCW 28A.155.090 and part B of the federal individuals with disabilities education improvement act. [2007 c 115 § 10; 1995 c 77 § 14; 1990 c 33 § 126; 1971 ex.s. c 66 § 8. Formerly RCW 28A.13.060.] 28A.155.080 Severability—Effective date—1971 ex.s. c 66: See notes following RCW 28A.155.010. 28A.155.090 Superintendent of public instruction’s duty and authority. The superintendent of public instruction shall have the duty and authority, through the administrative section or unit for the education of children with disabling conditions, to: (1) Assist school districts in the formation of programs to meet the needs of children with disabilities; (2) Develop interdistrict cooperation programs for children with disabilities as authorized in RCW 28A.225.250; (3) Provide, upon request, to parents or guardians of children with disabilities, information as to the special education programs for students with disabilities offered within the state; (4) Assist, upon request, the parent or guardian of any child with disabilities in the placement of any child with disabilities who is eligible for but not receiving special educational services for children with disabilities; (5) Approve school district and agency programs as being eligible for special excess cost financial aid to students with disabilities; (6) Consistent with the provisions of RCW 28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.160, and part B of the federal individuals with disabilities education improvement act, administer administrative hearings and other procedures to ensure procedural safeguards of children with disabilities; and (7) Promulgate such rules as are necessary to implement part B of the federal individuals with disabilities education improvement act or other federal law providing for special education services for children with disabilities and the several provisions of RCW 28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.160 and to ensure appropriate access to and participation in the general education curriculum and participation in statewide assessments for all students with disabilities. [2007 c 115 § 11; 1995 c 77 § 15; 1990 c 33 § 127; 1985 c 341 § 5; 1971 ex.s. c 66 § 9. Formerly RCW 28A.13.070.] 28A.155.090 Severability—Effective date—1971 ex.s. c 66: See notes following RCW 28A.155.010. (2008 Ed.) Special Education 28A.155.100 Sanctions applied to noncomplying districts. The superintendent of public instruction is hereby authorized and directed to establish appropriate sanctions to be applied to any school district of the state failing to comply with the provisions of RCW 28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.060 and 28A.155.080 through 28A.155.160 to be applied beginning upon the effective date thereof, which sanctions shall include withholding of any portion of state aid to such district until such time as compliance is assured. [2007 c 115 § 12; 1990 c 33 § 128; 1971 ex.s. c 66 § 12. Formerly RCW 28A.13.080.] 28A.155.100 Severability—Effective date—1971 ex.s. c 66: See notes following RCW 28A.155.010. 28A.155.105 Braille instruction—Definitions. Unless the context clearly requires otherwise, the definitions in this section apply in RCW 28A.155.115. (1) "Student" means a student who: (a) Has a visual acuity of 20/200 or less in the better eye with conventional correction or having a limited field of vision such that the widest diameter of the visual field subtends an angular distance not greater than twenty degrees; (b) Is unable to read printed material at a competitive rate with facility due to functional visual impairment or lack of visual acuity; or (c) Has a physical condition with a medical prognosis of a significant visual deterioration to the extent that (a) or (b) of this subsection could apply. (2) "Braille" means the system of reading and writing through touch commonly known as standard English Braille. [1996 c 135 § 2.] 28A.155.105 Findings—1996 c 135: "It is the goal of the legislature to encourage persons who are blind or visually impaired to participate fully in the social and economic life of the state and to engage in remunerative employment. The legislature finds that literacy is essential to the achievement of this goal. Furthermore, the legislature finds that literacy for most persons who are blind or visually impaired means the ability to read and write Braille with proficiency. The legislature sets as a further goal that students who are legally blind or visually impaired shall be given the opportunity to learn Braille in order to communicate effectively and efficiently." [1996 c 135 § 1.] 28A.155.115 Braille instruction—Assessment—Provision in student’s curriculum. (1) Each student shall be assessed individually to determine the appropriate learning media for the student including but not limited to Braille. (2) No student may be denied the opportunity for instruction in Braille reading and writing solely because the student has some remaining vision. (3) This section does not require the exclusive use of Braille if there are other special education services to meet the student’s educational needs. The provision of special education or other services does not preclude Braille use or instruction. (4) If a student’s individualized learning media assessment indicates that Braille is an appropriate learning medium, instruction in Braille shall be provided as a part of such student’s educational curriculum and if such student has an individualized education program, such instruction shall be provided as part of that program. (5) If Braille will not be provided to a student, the reason for not incorporating it in the student’s individualized educa28A.155.115 (2008 Ed.) 28A.155.160 tion program shall be documented in writing and provided to the parent or guardian. If no individualized education program exists, such documentation, signed by the parent or guardian, shall be placed in the student’s file. [2007 c 115 § 13; 1996 c 135 § 3.] Findings—1996 c 135: See note following RCW 28A.155.105. 28A.155.140 Curriculum-based assessment procedures for early intervening services. School districts may use curriculum-based assessment procedures as measures for developing academic early intervening services, as defined under part B of the federal individuals with disabilities education improvement act, and curriculum planning: PROVIDED, That the use of curriculum-based assessment procedures shall not deny a student the right to use of other assessments to determine eligibility or participation in special education programs as provided by RCW 28A.155.010 through 28A.155.160. [2007 c 115 § 14; 1991 c 116 § 4; 1990 c 33 § 131; 1987 c 398 § 1. Formerly RCW 28A.03.367.] 28A.155.140 28A.155.160 Assistive devices and services—Interagency cooperative agreements—Definitions. Notwithstanding any other provision of law, the office of the superintendent of public instruction, the department of early learning, the Washington state school for the deaf, the Washington state school for the blind, school districts, educational service districts, and all other state and local government educational agencies and the department of services for the blind, the department of social and health services, and all other state and local government agencies concerned with the care, education, or habilitation or rehabilitation of children with disabilities may enter into interagency cooperative agreements for the purpose of providing assistive technology devices and services to children with disabilities. Such arrangements may include but are not limited to interagency agreements for the acquisition, including joint funding, maintenance, loan, sale, lease, or transfer of assistive technology devices and for the provision of assistive technology services including but not limited to assistive technology assessments and training. For the purposes of this section, "assistive device" means any item, piece of equipment, or product system, whether acquired commercially off-the-shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of children with disabilities. The term "assistive technology service" means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Assistive technology service includes: (1) The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child’s customary environment; (2) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities; (3) Selecting, designing, fitting, customizing, adapting, applying, retaining, repairing, or replacing of assistive technology devices; (4) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as 28A.155.160 [Title 28A RCW—page 19] 28A.155.170 Title 28A RCW: Common School Provisions those associated with existing education and rehabilitation plans and programs; (5) Training or technical assistance for a child with a disability or if appropriate, the child’s family; and (6) Training or technical assistance for professionals, including individuals providing education and rehabilitation services, employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of children with disabilities. [2007 c 115 § 15; 1997 c 104 § 3.] 28A.155.170 Graduation ceremony—Certificate of attendance—Students with individualized education programs. (1) Beginning July 1, 2007, each school district that operates a high school shall establish a policy and procedures that permit any student who is receiving special education or related services under an individualized education program pursuant to state and federal law and who will continue to receive such services between the ages of eighteen and twenty-one to participate in the graduation ceremony and activities after four years of high school attendance with his or her age-appropriate peers and receive a certificate of attendance. (2) Participation in a graduation ceremony and receipt of a certificate of attendance under this section does not preclude a student from continuing to receive special education and related services under an individualized education program beyond the graduation ceremony. (3) A student’s participation in a graduation ceremony and receipt of a certificate of attendance under this section shall not be construed as the student’s receipt of either: (a) A high school diploma pursuant to RCW 28A.230.120; or (b) A certificate of individual achievement pursuant to RCW 28A.155.045. [2007 c 318 § 2.] 28A.155.170 Findings—2007 c 318: "The legislature finds: (1) There are students with disabilities throughout the state of Washington who have attended four years of high school, but whose individualized education programs prescribe the continuation of special education and related services beyond the fourth year of high school; (2) Through their participation in the public schools and the community, students with disabilities have frequently become identified with and connected to a class of typically developing, age-appropriate peers who will graduate in four years and participate in a high school graduation ceremony; (3) A high school graduation ceremony is an important rite of passage for students regardless of their abilities or limitations; and (4) There is significant value in recognizing students’ attendance and accomplishments in their individualized education programs and in allowing students with disabilities to participate in high school graduation ceremonies and activities with their age-appropriate peers without the forfeiture of their continuing special education and related services." [2007 c 318 § 1.] Short title—2007 c 318: "This act may be known and cited as Kevin’s law." [2007 c 318 § 3.] Effective date—2007 c 318: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 4, 2007]." [2007 c 318 § 4.] 28A.155.180 Safety net funds—Application—Technical assistance—Annual survey. The office of the superintendent of public instruction shall review and streamline the application process to access special education safety net funds, provide technical assistance to school districts, and 28A.155.180 [Title 28A RCW—page 20] annually survey school districts regarding improvements to the process. [2007 c 400 § 8.] Capt ion s n ot l aw— 200 7 c 400 : See no te fol lo win g R CW 28A.150.210. 28A.155.190 Information on autism. (1) To the extent funds are appropriated for this purpose, by September 1, 2008, the office of the superintendent of public instruction, in collaboration with the department of health, the department of social and health services, educational service districts, local school districts, the autism center at the University of Washington, and the autism society of Washington, shall distribute information on child find responsibilities under Part B and Part C of the federal individuals with disabilities education act, as amended, to agencies, districts, and schools that participate in the location, evaluation, and identification of children who may be eligible for early intervention services or special education services. (2) To the extent funds are made available, by September 1, 2008, the office of the superintendent of public instruction, in collaboration with the department of health and the department of social and health services, shall develop posters to be distributed to medical offices and clinics, grocery stores, and other public places with information on autism and how parents can gain access to the diagnosis and identification of autism and contact information for services and support. These must be made available on the internet for ease of distribution. [2008 c 220 § 2.] 28A.155.190 Chapter 28A.160 Chapter 28A.160 RCW STUDENT TRANSPORTATION Sections 28A.160.010 Operation of student transportation program—Responsibility of local district—Scope—Transporting of elderly—Insurance. 28A.160.020 Authorization for private school students to ride buses— Conditions. 28A.160.030 Authorizing individual transportation or other arrangements. 28A.160.040 Lease of buses to transport children with disabilities and elderly—Limitation. 28A.160.050 Lease of buses to transport children with disabilities and elderly—Directors to authorize. 28A.160.060 Lease of buses to transport children with disabilities and elderly—Lease at local level—Criteria. 28A.160.070 Lease of buses to transport children with disabilities and elderly—Elderly persons defined—Program limitation. 28A.160.080 School buses, rental or lease for emergency purposes— Authorization. 28A.160.090 School buses, rental or lease for emergency purposes—Board to determine district policy—Conditions if rent or lease. 28A.160.100 School buses, transport of general public to interscholastic activities—Limitations. 28A.160.110 School buses, authorization for parent, guardian or custodian of a student to ride—Limitations. 28A.160.115 Bus routes. 28A.160.120 Agreements with other governmental entities for transportation of public or other noncommon school purposes— Limitations. 28A.160.130 Transportation vehicle fund—Deposits in—Use—Rules for establishment and use. 28A.160.140 Contract for pupil transportation services with private nongovernmental entity—Competitive bid procedures. 28A.160.150 Student transportation allocation—Operating costs, determination and funding. 28A.160.160 Student transportation allocation—Definitions. 28A.160.170 Student transportation allocation—District’s annual report to superintendent. 28A.160.180 Student transportation allocation—Allocation rates, adjustment—District-owned passenger cars—Report. (2008 Ed.) Student Transportation 28A.160.190 Student transportation allocation—Notice—Revised eligible student data, when—Allocation payments, amounts, when. 28A.160.195 Vehicle acquisition—School bus categories—Competitive specifications—Purchase—Reimbursement—Rules. 28A.160.200 Vehicle acquisition—Reimbursement schedule—Maintenance and operation—Depreciation schedule. 28A.160.205 School bus replacement incentive program—Rules. 28A.160.210 School bus drivers—Training and qualifications—Rules. Age limit for bus drivers: RCW 46.20.045. Rules for design, marking, operations: RCW 46.61.380. School buses—Crossing arms: RCW 46.37.620. Signs required: RCW 46.37.193. Stop signal and lamps: RCW 46.37.190. 28A.160.010 Operation of student transportation program—Responsibility of local district—Scope— Transporting of elderly—Insurance. The operation of each local school district’s student transportation program is declared to be the responsibility of the respective board of directors, and each board of directors shall determine such matters as which individual students shall be transported and what routes shall be most efficiently utilized. State moneys allocated to local districts for student transportation shall be spent only for student transportation activities, but need not be spent by the local district in the same manner as calculated and allocated by the state. A school district is authorized to provide for the transportation of students enrolled in the school or schools of the district both in the case of students who reside within the boundaries of the district and of students who reside outside the boundaries of the district. When children are transported from one school district to another the board of directors of the respective districts may enter into a written contract providing for a division of the cost of such transportation between the districts. School districts may use school buses and drivers hired by the district or commercial chartered bus service for the transportation of school children and the school employees necessary for their supervision to and from any school activities within or without the school district during or after school hours and whether or not a required school activity, so long as the school board has officially designated it as a school activity. For any extra-curricular uses, the school board shall charge an amount sufficient to reimburse the district for its cost. In addition to the right to contract for the use of buses provided in RCW 28A.160.080 and 28A.160.090, any school district may contract to furnish the use of school buses of that district to other users who are engaged in conducting an educational or recreational program supported wholly or in part by tax funds or programs for elderly persons at times when those buses are not needed by that district and under such terms as will fully reimburse such school district for all costs related or incident thereto: PROVIDED, HOWEVER, That no such use of school district buses shall be permitted except where other public or private transportation certificated or licensed by the Washington utilities and transportation commission is not reasonably available to the user: PROVIDED FURTHER, That no user shall be required to accept any charter bus for services which the user believes might place the health or safety of the children or elderly persons in jeopardy. 28A.160.010 (2008 Ed.) 28A.160.030 Whenever any persons are transported by the school district in its own motor vehicles and by its own employees, the board may provide insurance to protect the district against loss, whether by reason of theft, fire or property damage to the motor vehicle or by reason of liability of the district to persons from the operation of such motor vehicle. The board may provide insurance by contract purchase for payment of hospital and medical expenses for the benefit of persons injured while they are on, getting on, or getting off any vehicles enumerated herein without respect to any fault or liability on the part of the school district or operator. This insurance may be provided without cost to the persons notwithstanding the provisions of RCW 28A.400.350. If the transportation of children or elderly persons is arranged for by contract of the district with some person, the board may require such contractor to procure such insurance as the board deems advisable. [1990 c 33 § 132; 1986 c 32 § 1; 1983 1st ex.s. c 61 § 1; 1981 c 265 § 10; 1980 c 122 § 2; 1973 c 45 § 1; 1971 c 24 § 3; 1969 ex.s. c 153 § 3; 1969 ex.s. c 223 § 28A.24.055. Prior: (i) 1969 c 53 § 1; 1967 ex.s. c 29 § 1, part; 1967 c 12 § 1, part; 1965 ex.s. c 49 § 1, part; 1963 c 104 § 1, part; 1963 c 5 § 1, part; 1961 c 305 § 1, part; 1961 c 237 § 1, part; 1961 c 66 § 1, part; 1955 c 68 § 2, part; prior: 1943 c 52 § 1, part; 1941 c 179 § 1, part; 1939 c 131 § 1, part; 1925 ex.s. c 57 § 1, part; 1919 c 90 § 3, part; 1915 c 44 § 1, part; 1909 c 97 p 285 § 2, part; 1907 c 240 § 5, part; 1903 c 104 § 17, part; Rem. Supp. 1943 § 4776, part. Formerly RCW 28.58.100, part. (ii) 1965 ex.s. c 86 § 1. Formerly RCW 28A.24.055, 28.58.421.] Severability—1983 1st ex.s. c 61: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1983 1st ex.s. c 61 § 9.] Effective date—Severability—1981 c 265: See notes following RCW 28A.160.150. Elderly persons defined—Program limitation: RCW 28A.160.070. 28A.160.020 Authorization for private school students to ride buses—Conditions. Every school district board of directors may authorize children attending a private school approved in accordance with RCW 28A.195.010 to ride a school bus or other student transportation vehicle to and from school so long as the following conditions are met: (1) The board of directors shall not be required to alter those bus routes or stops established for transporting public school students; (2) Private school students shall be allowed to ride on a seat-available basis only; and (3) The board of directors shall charge an amount sufficient to reimburse the district for the actual per seat cost of providing such transportation. [1990 c 33 § 133; 1981 c 307 § 1. Formerly RCW 28A.24.065.] 28A.160.020 Severability—1981 c 307: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1981 c 307 § 2.] 28A.160.030 Authorizing individual transportation or other arrangements. Individual transportation, board and room, and other arrangements may be authorized or provided and, in whole or part, paid for or reimbursed by a school district, when approved by the educational service dis28A.160.030 [Title 28A RCW—page 21] 28A.160.040 Title 28A RCW: Common School Provisions trict superintendent or his or her designee pursuant to rules promulgated by the superintendent of public instruction for that purpose: PROVIDED, That the total of payments for board and room and transportation incidental thereto shall not exceed the amount which would otherwise be paid for such individual transportation. [1981 c 265 § 11; 1977 c 80 § 2; 1971 ex.s. c 66 § 10; 1969 ex.s. c 223 § 28A.24.100. Prior: 1965 ex.s. c 154 § 9. Form erly RCW 28A.24.100, 28.24.100.] Effective date—Severability—1981 c 265: See notes following RCW 28A.160.150. Severability—1977 c 80: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1977 c 80 § 5.] Severability—Effective date—1971 ex.s. c 66: See notes following RCW 28A.155.010. 28A.160.040 Lease of buses to transport children with disabilities and elderly—Limitation. The directors of school districts are authorized to lease school buses to nonprofit organizations to transport children with disabilities and elderly persons to and from the site of activities or programs deemed beneficial to such persons by such organizations: PROVIDED, That commercial bus transportation is not reasonably available for such purposes. [1995 c 77 § 16; 1973 c 45 § 2; 1971 c 78 § 1. Formerly RCW 28A.24.110.] 28A.160.040 Elderly persons defined—Program limitation: RCW 28A.160.070. 28A.160.050 Lease of buses to transport children with disabilities and elderly—Directors to authorize. The directors of school districts may authorize leases under RCW 28A.160.040 through 28A.160.060: PROVIDED, That such leases do not conflict with regular school purposes. [1990 c 33 § 134; 1971 c 78 § 2. Formerly RCW 28A.24.111.] 28A.160.050 28A.160.060 Lease of buses to transport children with disabilities and elderly—Lease at local level—Criteria. The lease of the equipment shall be handled by the school directors at a local level. The school directors may establish criteria for bus use and lease, including, but not limited to, minimum costs, and driver requirements. [1971 c 78 § 3. Formerly RCW 28A.24.112.] 28A.160.060 28A.160.070 Lease of buses to transport children with disabilities and elderly—Elderly persons defined— Program limitation. For purposes of RCW 28A.160.010 and 28A.160.040, "elderly person" shall mean a person who is at least sixty years of age. No school district funds may be used for the operation of such a program. [1990 c 33 § 135; 1973 c 45 § 3. Formerly RCW 28A.24.120.] 28A.160.070 28A.160.080 School buses, rental or lease for emergency purposes—Authorization. It is the intent of the legislature and the purpose of RCW 28A.160.010, 28A.160.080, and 28A.160.090 that in the event of major forest fires, floods, or other natural emergencies that boards of directors of school districts, in their discretion, may rent or lease school buses to governmental agencies for the purposes of transporting personnel, supplies and/or evacuees. [1990 c 33 § 136; 1971 c 24 § 1. Formerly RCW 28A.24.170.] 28A.160.080 [Title 28A RCW—page 22] 28A.160.090 School buses, rental or lease for emergency purposes—Board to determine district policy— Conditions if rent or lease. Each school district board shall determine its own policy as to whether or not its school buses will be ren ted or leased for the pur poses of RCW 28A.160.080, and if the board decision is to rent or lease, under what conditions, subject to the following: (1) Such renting or leasing may take place only after the director of community, trade, and economic development or any of his or her agents so authorized has, at the request of an involved governmental agency, declared that an emergency exists in a designated area insofar as the need for additional transport is concerned. (2) The agency renting or leasing the school buses must agree, in writing, to reimburse the school district for all costs and expenses related to their use and also must provide an indemnity agreement protecting the district against any type of claim or legal action whatsoever, including all legal costs incident thereto. [1995 c 399 § 20; 1990 c 33 § 137; 1986 c 266 § 21; 1985 c 7 § 88; 1974 ex.s. c 171 § 1; 1971 c 24 § 2. Formerly RCW 28A.24.172.] 28A.160.090 Severability—1986 c 266: See note following RCW 38.52.005. 28A.160.100 School buses, transport of general public to interscholastic activities—Limitations. In addition to the authority otherwise provided in RCW 28A.160.010 through 28A.160.120 to school districts for the transportation of persons, whether school children, school personnel, or otherwise, any school district authorized to use school buses and drivers hired by the district for the transportation of school children to and from a school activity, along with such school employees as necessary for their supervision, shall, if such school activity be an interscholastic activity, be authorized to transport members of the general public to such event and utilize the school district’s buses, transportation equipment and facilities, and employees therefor: PROVIDED, That provision shall be made for the reimbursement and payment to the school district by such members of the general public of not less than the district’s actual costs and the reasonable value of the use of the district’s buses and facilities provided in connection with such transportation: PROVIDED FURTHER, That wherever private transportation certified or licensed by the utilities and transportation commission or public transportation is reasonably available, this section shall not apply. [2006 c 263 § 907; 1990 c 33 § 138; 1980 c 91 § 1. Formerly RCW 28A.24.175.] 28A.160.100 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.160.110 School buses, authorization for parent, guardian or custodian of a student to ride—Limitations. Every school district board of directors may authorize any parent, guardian or custodian of a student enrolled in the district to ride a school bus or other student transportation vehicle at the request of school officials or employees designated by the board: PROVIDED, That excess seating space is available on the vehicle after the transportation needs of students have been met: PROVIDED FURTHER, That private or other public transportation of the parent, guardian or custodian is not reasonable in the board’s judgment. [1980 c 122 § 1. Formerly RCW 28A.24.178.] 28A.160.110 (2008 Ed.) Student Transportation 28A.160.115 Bus routes. On highways divided into separate roadways as provided in RCW 46.61.150 and highways with three or more marked traffic lanes, public school district bus routes and private school bus routes shall serve each side of the highway so that students do not have to cross the highway, unless there is a traffic control signal as defined in RCW 46.04.600 or an adult crossing guard within three hundred feet of the bus stop to assist students while crossing such multiple-lane highways. [1990 c 241 § 11.] 28A.160.115 28A.160.120 Agreements with other governmental entities for transportation of public or other noncommon school purposes—Limitations. Any school district board of directors or any intermediate school district board may enter into agreements pursuant to chapter 39.34 RCW or chapter 35.58 RCW, as now or hereafter amended, with any city, town, county, metropolitan municipal corporation, and any federal or other state governmental entity, or any combination of the foregoing, for the purpose of providing for the transportation of students and/or members of the public through the use, in whole or part, of the school district’s buses, transportation equipment and facilities, and employees: PROVIDED, That any agreement entered into for purposes of transportation pursuant to this section shall conform with the provisions of RCW 35.58.250 where applicable and shall provide for the reimbursement and payment to the school district of not less than the district’s actual costs and the reasonable value of the use of the district’s buses, and transportation equipment and supplies which are incurred and otherwise provided in connection with the transportation of members of the public or other noncommon school purposes: PROVIDED FURTHER, That wherever public transportation, or private transportation certified or licensed by the Washington utilities and transportation commission is not reasonably available, the school district or intermediate school district may transport members of the public so long as they are reimbursed for the cost of such transportation, and such transportation has been approved by any metropolitan municipal corporation performing public transportation pursuant to chapter 35.58 RCW in the area to be served by the district. [1974 ex.s. c 93 § 1. Formerly RCW 28A.24.180.] 28A.160.120 28A.160.130 Transportation vehicle fund—Deposits in—Use—Rules for establishment and use. (1) There is created a fund on deposit with each county treasurer for each school district of the county, which shall be known as the transportation vehicle fund. Money to be deposited into the transportation vehicle fund shall include, but is not limited to, the following: (a) The balance of accounts held in the general fund of each school district for the purchase of approved transportation equipment and for major transportation equipment repairs under RCW 28A.150.280. The amount transferred shall be the balance of the account as of September 1, 1982; (b) Reimbursement payments provided for in RCW 2 8 A. 1 6 0 . 2 0 0 e x c e p t t h o se p r o v id e d u n d e r * R C W 28A.160.200(4) that are necessary for contracted payments to private carriers; (c) Earnings from transportation vehicle fund investments as authorized in RCW 28A.320.300; and 28A.160.130 (2008 Ed.) 28A.160.150 (d) The district’s share of the proceeds from the sale of transportation vehicles, as determined by the superintendent of public instruction. (2) Funds in the transportation vehicle fund may be used for the following purposes: (a) Purchase of pupil transportation vehicles pursuant to RCW 28A.160.200 and 28A.150.280; (b) Payment of conditional sales contracts as authorized in RCW 28A.335.200 or payment of obligations authorized in RCW 28A.530.080, entered into or issued for the purpose of pupil transportation vehicles; (c) Major repairs to pupil transportation vehicles. The superintendent of public instruction shall adopt rules which shall establish the standards, conditions, and procedures governing the establishment and use of the transportation vehicle fund. The rules shall not permit the transfer of funds from the transportation vehicle fund to any other fund of the district. [1991 c 114 § 2; 1990 c 33 § 139; 1981 c 265 § 7. Formerly RCW 28A.58.428.] *Reviser’s note: RCW 28A.160.200 was amended by 1995 1st sp.s. c 10 § 2, changing subsection (4) to subsection (3). Effective date—Severability—1981 c 265: See notes following RCW 28A.160.150. 28A.160.140 Contract for pupil transportation services with private nongovernmental entity—Competitive bid procedures. As a condition of entering into a pupil transportation services contract with a private nongovernmental entity, each school district shall engage in an open competitive process at least once every five years. This requirement shall not be construed to prohibit a district from entering into a pupil transportation services contract of less than five years in duration with a district option to renew, extend, or terminate the contract, if the district engages in an open competitive process at least once every five years after July 26, 1987. As used in this section: (1) "Open competitive process" means either one of the following, at the choice of the school district: (a) The solicitation of bids or quotations and the award of contracts under RCW 28A.335.190; or (b) The competitive solicitation of proposals and their evaluation consistent with the process and criteria recommended or required, as the case may be, by the office of financial management for state agency acquisition of personal service contractors; (2) "Pupil transportation services contract" means a contract for the operation of privately owned or school district owned school buses, and the services of drivers or operators, management and supervisory personnel, and their support personnel such as secretaries, dispatchers, and mechanics, or any combination thereof, to provide students with transportation to and from school on a regular basis; and (3) "School bus" means a motor vehicle as defined in RCW 46.04.521 and under the rules of the superintendent of public instruction. [1990 c 33 § 140; 1987 c 141 § 2. Formerly RCW 28A.58.133.] 28A.160.140 Severability—1987 c 141: See note following RCW 28A.335.170. 28A.160.150 Student transportation allocation— Operating costs, determination and funding. Funds allocated for transportation costs shall be in addition to the basic 28A.160.150 [Title 28A RCW—page 23] 28A.160.160 Title 28A RCW: Common School Provisions education allocation. The distribution formula developed in RCW 28A.160.150 through 28A.160.180 shall be for allocation purposes only and shall not be construed as mandating specific levels of pupil transportation services by local districts. Op erating co sts as d eterm in ed un der R CW 28A.160.150 through 28A.160.180 shall be funded at one hundred percent or as close thereto as reasonably possible for transportation of an eligible student to and from school as defined in RCW 28A.160.160(3). In addition, funding shall be provided for transportation services for students living within one radius mile from school as determined under RCW 28A.160.180(2). [1996 c 279 § 1; 1990 c 33 § 141; 1983 1st ex.s. c 61 § 2; 1981 c 265 § 1. Formerly RCW 28A.41.505.] Application—1996 c 279: "This act shall be effective for school transportation programs in the 1996-97 school year and thereafter." [1996 c 279 § 4.] Severability—1983 1st ex.s. c 61: See note following RCW 28A.160.010. Effective date—1981 c 265: "With the exception of sections 8 and 13 of this amendatory act, the effective date of this amendatory act is September 1, 1982. The superintendent of public instruction and the office thereof prior to the effective date of this amendatory act may take such actions as necessary for the orderly implementation thereof and during such period may carry out such data collection activities and district notification provisions as provided for herein." [1981 c 265 § 16.] Severability—1981 c 265: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1981 c 265 § 17.] 28A.160.160 Student transportation allocation— Definitions. For purposes of RCW 28A.160.150 through 28A.160.190, except where the context shall clearly indicate otherwise, the following definitions apply: (1) "Eligible student" means any student served by the transportation program of a school district or compensated for individual transportation arrangements authorized by RCW 28A.160.030 whose route stop is more than one radius mile from the student’s school, except if the student to be transported is disabled under RCW 28A.155.020 and is either not ambulatory or not capable of protecting his or her own welfare while traveling to or from the school or agency where special education services are provided, in which case no mileage distance restriction applies. (2) "Superintendent" means the superintendent of public instruction. (3) "To and from school" means the transportation of students for the following purposes: (a) Transportation to and from route stops and schools; (b) Transportation to and from schools pursuant to an interdistrict agreement pursuant to RCW 28A.335.160; (c) Transportation of students between schools and learning centers for instruction specifically required by statute; and (d) Transportation of students with disabilities to and from schools and agencies for special education services. Extended day transportation shall not be considered part of transportation of students "to and from school" for the purposes of chapter 61, Laws of 1983 1st ex. sess. (4) "Transportation services" for students living within one radius mile from school means school transportation services including the use of buses, funding of crossing guards, 28A.160.160 [Title 28A RCW—page 24] and matching funds for local and state transportation projects intended to mitigate hazardous walking conditions. Priority for transportation services shall be given to students in grades kindergarten through five. [1996 c 279 § 2; 1995 c 77 § 17; 1990 c 33 § 142; 1983 1st ex.s. c 61 § 3; 1981 c 265 § 2. Formerly RCW 28A.41.510.] Application—1996 c 279: See note following RCW 28A.160.150. Severability—1983 1st ex.s. c 61: See note following RCW 28A.160.010. Effective date—Severability—1981 c 265: See notes following RCW 28A.160.150. 28A.160.170 Student transportation allocation—District’s annual report to superintendent. Each district shall submit to the superintendent of public instruction during October of each year a report containing the following: (1)(a) The number of eligible students transported to and from school as provided for in RCW 28A.160.150 for the current school year and the number of miles estimated to be driven for pupil transportation services, along with a map describing student route stop locations and school locations, and (b) the number of miles driven for pupil transportation services as authorized in RCW 28A.160.150 the previous school year; and (2) Other operational data and descriptions as required by the superintendent to determine allocation requirements for each district. The superintendent shall require that districts separate the costs of operating the program for the transportation of eligible students to and from school as defined by RCW 28A.160.160(3) from non-to-and-fromschool pupil transportation costs in the annual financial statement. Each district shall submit the information required in this section on a timely basis as a condition of the continuing receipt of school transportation moneys. [2007 c 139 § 1; 1990 c 33 § 143; 1983 1st ex.s. c 61 § 4; 1981 c 265 § 3. Formerly RCW 28A.41.515.] 28A.160.170 Effective date—2007 c 139 § 1: "Section 1 of this act takes effect September 1, 2007." [2007 c 139 § 3.] Severability—1983 1st ex.s. c 61: See note following RCW 28A.160.010. Effective date—Severability—1981 c 265: See notes following RCW 28A.160.150. 28A.160.180 Student transportation allocation— Allocation rates, adjustment—District-owned passenger cars—Report. Each district’s annual student transportation allocation shall be based on differential rates determined by the superintendent of public instruction in the following manner: (1) The superintendent shall annually calculate a standard student mile allocation rate for determining the transportation allocation for those services provided for in RCW 28A.160.150. "Standard student mile allocation rate," as used in this chapter, means the per mile allocation rate for transporting an eligible student. The standard student mile allocation rate may be adjusted to include such additional differential factors as distance; restricted passenger load; circumstances that require use of special types of transportation vehicles; student with disabilities load; and small fleet maintenance. 28A.160.180 (2008 Ed.) Student Transportation (2) For transportation services for students living within one radius mile from school, the allocation shall be based on the number of students in grades kindergarten through five living within one radius mile as specified in the biennial appropriations act. (3) The superintendent of public instruction shall annually calculate allocation rate(s), which shall include vehicle amortization, for determining the transportation allocation for transporting students in district-owned passenger cars, as defined in RCW 46.04.382, pursuant to RCW 28A.160.010 for services provided for in RCW 28A.160.150 if a school district deems it advisable to use such vehicles after the school district board of directors has considered the safety of the students being transported as well as the economy of utilizing a district-owned passenger car in lieu of a school bus. (4) Prior to June 1st of each year the superintendent shall submit to the office of financial management, and the committees on education and ways and means of the senate and house of representatives a report outlining the methodology and rationale used in determining the allocation rates to be used the following year. [1996 c 279 § 3; 1995 c 77 § 18; 1990 c 33 § 144; 1985 c 59 § 1; 1983 1st ex.s. c 61 § 5; 1982 1st ex.s. c 24 § 2; 1981 c 265 § 4. Formerly RCW 28A.41.520.] Application—1996 c 279: See note following RCW 28A.160.150. Severability—1983 1st ex.s. c 61: See note following RCW 28A.160.010. Effective date—Severability—1982 1st ex.s. c 24: See notes following RCW 28A.150.370. Effective date—Severability—1981 c 265: See notes following RCW 28A.160.150. 28A.160.190 Student transportation allocation— Notice—Revised eligible student data, when—Allocation payments, amounts, when. The superintendent shall notify districts of their student transportation allocation before January 15th. If the number of eligible students in a school district changes ten percent or more from the October report, and the change is maintained for a period of twenty consecutive school days or more, the district may submit revised eligible student data to the superintendent of public instruction. The superintendent shall, to the extent funds are available, recalculate the district’s allocation for the transportation of pupils to and from school. The superintendent shall make the student transportation allocation in accordance with the apportionment payment schedule in RCW 28A.510.250. Such allocation payments may be based on estimated amounts for payments to be made in September, October, November, December, and January. [1990 c 33 § 145; 1985 c 59 § 2; 1983 1st ex.s. c 61 § 6; 1982 1st ex.s. c 24 § 3; 1981 c 265 § 5. Formerly RCW 28A.41.525.] 28A.160.190 Severability—1983 1st ex.s. c 61: See note following RCW 28A.160.010. Effective date—Severability—1982 1st ex.s. c 24: See notes following RCW 28A.150.370. Effective date—Severability—1981 c 265: See notes following RCW 28A.160.150. 28A.160.195 Vehicle acquisition—School bus categories—Competitive specifications—Purchase—Reim28A.160.195 (2008 Ed.) 28A.160.200 bursement—Rules. (1) The superintendent of public instruction, in consultation with the regional transportation coordinators of the educational service districts, shall establish a minimum number of school bus categories considering the capacity and type of vehicles required by school districts in Washington. The superintendent, in consultation with the regional transportation coordinators of the educational service districts, shall establish competitive specifications for each category of school bus. The categories shall be developed to produce minimum long-range operating costs, including costs of equipment and all costs in operating the vehicles. The competitive specifications shall meet federal motor vehicle safety standards, minimum state specifications as established by rule by the superintendent, and supported options as determined by the superintendent in consultation with the regional transportation coordinators of the educational service districts. The superintendent may solicit and accept price quotes for a rear-engine category school bus that shall be reimbursed at the price of the corresponding front engine category. (2) After establishing school bus categories and competitive specifications, the superintendent of public instruction shall solicit competitive price quotes for base buses from school bus dealers to be in effect for one year and shall establish a list of all accepted price quotes in each category obtained under this subsection. The superintendent shall also solicit price quotes for optional features and equipment. (3) The superintendent shall base the level of reimbursement to school districts and educational service districts for school buses on the lowest quote for the base bus in each category. School districts and educational service districts shall be reimbursed for buses purchased only through a lowestprice competitive bid process conducted under RCW 28A.335.190 or through the state bid process established by this section. (4) Notwithstanding RCW 28A.335.190, school districts and educational service districts may purchase at the quoted price directly from any dealer who is on the list established under subsection (2) of this section. School districts and educational service districts may make their own selections for school buses, but shall be reimbursed at the rates determined under subsection (3) of this section and RCW 28A.160.200. District-selected options shall not be reimbursed by the state. (5) This section does not prohibit school districts or educational service districts from conducting their own competitive bid process. (6) The superintendent of public instruction may adopt rules under chapter 34.05 RCW to implement this section. [2005 c 492 § 1; 2004 c 276 § 904; 1995 1st sp.s. c 10 § 1.] Severability—Effective date—2004 c 276: See notes following RCW 43.330.167. Effective dates—1995 1st sp.s. c 10 §§ 1 and 2: "(1) Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [June 14, 1995]. (2) Section 2 of this act shall take effect September 1, 1995." [1995 1st sp.s. c 10 § 5.] 28A.160.200 Vehicle acquisition—Reimbursement schedule—Maintenance and operation—Depreciation schedule. (1) The superintendent shall develop a reimbursement schedule to pay districts for the cost of student transpor28A.160.200 [Title 28A RCW—page 25] 28A.160.205 Title 28A RCW: Common School Provisions tation vehicles purchased after September 1, 1982. While it is the responsibility of each district to select and pay for each student transportation vehicle purchased by the district, each district shall be paid a sum based on the category of vehicle, anticipated lifetime of vehicles of this category, and state reimbursement rate for the category plus inflation as recognized by the reimbursement schedule established in this section as set by the superintendent. Categories and reimbursement rates of vehicles shall be those established under RCW 28A.160.195. The accumulated value of the payments and the potential investment return thereon shall be designed to be equal to the replacement cost of the vehicle less its salvage value at the end of its anticipated lifetime. The superintendent shall revise at least annually the reimbursement payments based on the current and anticipated future cost of comparable categories of transportation equipment. Reimbursements to school districts for approved transportation equipment shall be placed in a separate transportation vehicle fund established for each school district under RCW 28A.160.130. However, educational service districts providing student transportation services pursuant to RCW 28A.310.180(4) and receiving moneys generated pursuant to this section shall establish and maintain a separate transportation vehicle account in the educational service district’s general expense fund for the purposes and subject to the conditions under RCW 28A.160.130 and 28A.320.300. (2) To the extent possible, districts shall operate vehicles acquired under this section not less than the number of years or useful lifetime now, or hereafter, assigned to the category of vehicles by the superintendent. School districts shall properly maintain the transportation equipment acquired under the provisions of this section, in accordance with rules established by the office of the superintendent of public instruction. If a district fails to follow generally accepted standards of maintenance and operation, the superintendent of public instruction shall penalize the district by deducting from future reimbursements under this section an amount equal to the original cost of the vehicle multiplied by the fraction of the useful lifetime or miles the vehicle failed to operate. (3) The superintendent shall annually develop a depreciation schedule to recognize the cost of depreciation to districts contracting with private carriers for student transportation. Payments on this schedule shall be a straight line depreciation based on the original cost of the appropriate category of vehicle. [1995 1st sp.s. c 10 § 2; 1990 c 33 § 146; 1987 c 508 § 4; 1981 c 265 § 6. Formerly RCW 28A.41.540.] Effective dates—1995 1st sp.s. c 10 §§ 1 and 2: See note following RCW 28A.160.195. Effective date—Severability—1981 c 265: See notes following RCW 28A.160.150. Transportation vehicle fund—Deposits in—Use—Rules for establishment and use: RCW 28A.160.130. 28A.160.205 School bus replacement incentive program—Rules. (1) The office of the superintendent of public instruction shall implement a school bus replacement incentive program. As part of the program, the office shall fund up to ten percent of the cost of a new 2007 or later model year school bus that meets the 2007 federal motor vehicle emission control standards and is purchased by a school district by no later than June 30, 2009, provided that the new bus is 28A.160.205 [Title 28A RCW—page 26] replacing a 1994 or older school bus in the school district’s fleet. Replacement of the oldest buses must be given highest priority. (2) The office of the superintendent of public instruction shall ensure that buses being replaced through this program are surplused under RCW 28A.335.180. As part of the surplus process, school districts must provide written documentation to the office of the superintendent of public instruction demonstrating that buses being replaced are scrapped and not purchased for road use. The documentation must include bus make, model, year, vehicle identification number, engine make, engine serial number, and salvage yard receipts; and must demonstrate that the engine and body of the bus being replaced has been rendered unusable. (3) The office of the superintendent of public instruction may adopt any rules necessary for the implementation of chapter 348, Laws of 2007. [2007 c 348 § 101.] Reviser’s note: 2007 c 348 directed that this section be added to chapter 28A.300 RCW. This section has been added to chapter 28A.160 RCW, which relates more directly to school bus acquisition. Findings—Part headings not law—2007 c 348: See RCW 43.325.005 and 43.325.903. 28A.160.210 School bus drivers—Training and qualifications—Rules. In addition to other powers and duties, the superintendent of public instruction shall adopt rules governing the training and qualifications of school bus drivers. Such rules shall be designed to insure that persons will not be employed to operate school buses unless they possess such physical health and driving skills as are necessary to safely operate school buses: PROVIDED, That such rules shall insure that school bus drivers are provided a due process hearing before any certification required by such rules is cancelled: PROVIDED FURTHER, That such rules shall not conflict with the authority of the department of licensing to license school bus drivers in accordance with chapter 46.25 RCW. The superintendent of public instruction may obtain a copy of the driving record, as maintained by the department of licensing, for consideration when evaluating a school bus driver’s driving skills. [2006 c 263 § 906; 1989 c 178 § 20; 1981 c 200 § 1; 1979 c 158 § 89; 1969 ex.s. c 153 § 4. Formerly RCW 28A.04.131.] 28A.160.210 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Severability—Effective dates—1989 c 178: See RCW 46.25.900 and 46.25.901. Chapter 28A.165 Chapter 28A.165 RCW LEARNING ASSISTANCE PROGRAM Sections 28A.165.005 28A.165.015 28A.165.025 28A.165.035 28A.165.045 28A.165.055 28A.165.065 28A.165.075 28A.165.900 Purpose. Definitions. School district program plan. Program activities. Plan approval process. Funds—Eligibility—Distribution. Monitoring. Rules. Captions not law—2004 c 20. 28A.165.005 Purpose. The learning assistance program requirements in this chapter are designed to: (1) Pro28A.165.005 (2008 Ed.) Learning Assistance Program mote the use of assessment data when developing programs to assist underachieving students; and (2) guide school districts in providing the most effective and efficient practices when implementing programs to assist underachieving students. Further, this chapter provides the means by which a school district becomes eligible for learning assistance program funds and the distribution of those funds. [2004 c 20 § 1.] 28A.165.015 Definitions. Unless the context clearly indicates otherwise the definitions in this section apply throughout this chapter. (1) "Approved program" means a program submitted to and approved by the office of the superintendent of public instruction and conducted pursuant to the plan that addresses the required elements as provided for in this chapter. (2) "Basic skills areas" means reading, writing, and mathematics as well as readiness associated with these skills. (3) "Participating student" means a student in kindergarten through grade eleven who scores below standard for his or her grade level on the statewide assessments and who is identified in the approved plan to receive services. Beginning with the 2007-2008 school year, "participating student" means a student in kindergarten through grade twelve who scores below standard for his or her grade level on the statewide assessments and who is identified in the approved plan to receive services. (4) "Statewide assessments" means one or more of the several basic skills assessments administered as part of the state’s student assessment system, and assessments in the basic skills areas administered by local school districts. (5) "Underachieving students" means students with the greatest academic deficits in basic skills as identified by the statewide assessments. [2004 c 20 § 2.] 28A.165.015 28A.165.025 School district program plan. By July 1st of each year, a participating school district shall submit the district’s plan for using learning assistance funds to the office of the superintendent of public instruction for approval. For the 2004-05 school year, school districts must identify the program activities to be implemented from RCW 28A.165.035 and are encouraged to implement the elements in subsections (1) through (8) of this section. Beginning in the 2005-06 school year, the program plan must identify the p r o g r a m a cti v it ie s t o b e im p l e m e n t ed f r o m RC W 28A.165.035 and implement all of the elements in subsections (1) through (8) of this section. The school district plan shall include the following: (1) District and school-level data on reading, writing, and mathematics achievement as reported pursuant to chapter 28A.655 RCW and relevant federal law; (2) Processes used for identifying the underachieving students to be served by the program, including the identification of school or program sites providing program activities; (3) How accelerated learning plans are developed and implemented for participating students. Accelerated learning plans may be developed as part of existing student achievement plan process such as student plans for achieving state high school graduation standards, individual student aca28A.165.025 (2008 Ed.) 28A.165.045 demic plans, or the achievement plans for groups of students. Accelerated learning plans shall include: (a) Achievement goals for the students; (b) Roles of the student, parents, or guardians and teachers in the plan; (c) Communication procedures regarding student accomplishment; and (d) Plan reviews and adjustments processes; (4) How state level and classroom assessments are used to inform instruction; (5) How focused and intentional instructional strategies have been identified and implemented; (6) How highly qualified instructional staff are developed and supported in the program and in participating schools; (7) How other federal, state, district, and school resources are coordinated with school improvement plans and the district’s strategic plan to support underachieving students; and (8) How a program evaluation will be conducted to determine direction for the following school year. [2004 c 20 § 3.] 28A.165.035 Program activities. Use of best practices magnifies the opportunities for student success. The following are services and activities that may be supported by the learning assistance program: (1) Extended learning time opportunities occurring: (a) Before or after the regular school day; (b) On Saturday; and (c) Beyond the regular school year; (2) Services under RCW 28A.320.190; (3) Professional development for certificated and classified staff that focuses on: (a) The needs of a diverse student population; (b) Specific literacy and mathematics content and instructional strategies; and (c) The use of student work to guide effective instruction; (4) Consultant teachers to assist in implementing effective instructional practices by teachers serving participating students; (5) Tutoring support for participating students; and (6) Outreach activities and support for parents of participating students. [2008 c 321 § 4; 2004 c 20 § 4.] 28A.165.035 Findings—2008 c 321: See note following RCW 28A.655.061. 28A.165.045 Plan approval process. A participating school district shall annually submit a program plan to the office of the superintendent of public instruction for approval. The program plan must address all of the elements in RCW 28A.165.025 and identify the program activities to be implemented from RCW 28A.165.035. School districts achieving state reading and mathematics goals as prescribed in chapter 28A.655 RCW shall have their program approved once the program plan and activities submittal is completed. School districts not achieving state reading and mathematics goals as prescribed in chapter 28A.655 RCW and that are not in a state or federal program of school improvement 28A.165.045 [Title 28A RCW—page 27] 28A.165.055 Title 28A RCW: Common School Provisions shall be subject to program approval once the plan components are reviewed by the office of the superintendent of public instruction for the purpose of receiving technical assistance in the final development of the plan. School districts with one or more schools in a state or federal program of school improvement shall have their plans and activities reviewed and approved in conjunction with the state or federal program school improvement program requirements. [2004 c 20 § 5.] 28A.165.055 Funds—Eligibility—Distribution. (1) Each school district with an approved program is eligible for state funds provided for the learning assistance program. The funds shall be appropriated for the learning assistance program in accordance with the biennial appropriations act. The distribution formula is for school district allocation purposes only. The distribution formula shall be based on one or more family income factors measuring economic need. (2) In addition to the funds allocated to eligible school districts on the basis of family income factors, enhanced funds shall be allocated for school districts where more than twenty percent of students are eligible for and enrolled in the transitional bilingual instruction program under chapter 28A.180 RCW as provided in this subsection. The enhanced funding provided in this subsection shall take effect beginning in the 2008-09 school year. (a) If, in the prior school year, a district’s percent of October headcount student enrollment in grades kindergarten through twelve who are enrolled in the transitional bilingual instruction program, based on an average of the program headcount taken in October and May, exceeds twenty percent, twenty percent shall be subtracted from the district’s percent transitional bilingual instruction program enrollment and the resulting percent shall be multiplied by the district’s kindergarten through twelve annual average full-time equivalent enrollment for the prior school year. (b) The number calculated under (a) of this subsection shall be the number of additional funded students for purposes of this subsection, to be multiplied by the per-funded student allocation rates specified in the omnibus appropriations act. (c) School districts are only eligible for the enhanced funds under this subsection if their percentage of October headcount enrollment in grades kindergarten through twelve eligible for free or reduced-price lunch exceeded forty percent in the prior school year. [2008 c 321 § 10; 2005 c 489 § 1; 2004 c 20 § 6.] 28A.165.055 Findings—2008 c 321: See note following RCW 28A.655.061. 28A.165.065 Monitoring. To ensure that school districts are meeting the requirements of an approved program, the superintendent of public instruction shall monitor such programs no less than once every four years. Individual student records shall be maintained at the school district. [2004 c 20 § 7.] 28A.165.900 Captions not law—2004 c 20. Captions used in this act are not any part of the law. [2004 c 20 § 9.] 28A.165.900 Chapter 28A.170 RCW SUBSTANCE ABUSE AWARENESS PROGRAM Chapter 28A.170 Sections 28A.170.050 28A.170.075 28A.170.080 28A.170.090 Advisory committee—Members—Duties. Findings—Intent. Grants—Substance abuse intervention. Selection of grant recipients—Program rules. 28A.170.050 Advisory committee—Members— Duties. The superintendent of public instruction shall appoint a substance abuse advisory committee comprised of: Representatives of certificated and classified staff; administrators; parents; students; school directors; the bureau of alcohol and substance abuse within the department of social and health services; the traffic safety commission; and county coordinators of alcohol and drug treatment. The committee shall advise the superintendent on matters of local program development, coordination, and evaluation. [1997 c 13 § 3; 1987 c 518 § 209. Formerly RCW 28A.120.038.] 28A.170.050 Intent—1994 c 166; 1987 c 518: See note following RCW 43.215.425. Severability—1987 c 518: See note following RCW 43.215.425. 28A.170.075 Findings—Intent. (1) The legislature finds that the provision of drug and alcohol counseling and related prevention and intervention services in schools will enhance the classroom environment for students and teachers, and better enable students to realize their academic and personal potentials. (2) The legislature finds that it is essential that resources be made available to school districts to provide early drug and alcohol prevention and intervention services to students and their families; to assist in referrals to treatment providers; and to strengthen the transition back to school for students who have had problems of drug and alcohol abuse. (3) Substance abuse awareness programs funded under this chapter do not fall within the definition of basic education for purposes of Article IX of the state Constitution and the state’s funding duty thereunder. (4) The legislature intends to provide grants for drug and alcohol abuse prevention and intervention in schools, targeted to those schools with the highest concentrations of students at risk. [1995 c 335 § 204; 1990 c 33 § 156; 1989 c 271 § 310. Formerly RCW 28A.120.080.] 28A.170.075 Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360. Severability—1989 c 271: See note following RCW 9.94A.510. 28A.165.065 28A.165.075 Rules. The superintendent of public instruction shall adopt rules in accordance with chapter 34.05 RCW that are necessary to implement this chapter. [2004 c 20 § 8.] 28A.165.075 [Title 28A RCW—page 28] 28A.170.080 Grants—Substance abuse intervention. (1) Grants provided under RCW 28A.170.090 may be used solely for services provided by a substance abuse intervention specialist or for dedicated staff time for counseling and intervention services provided by any school district certificated employee who has been trained by and has access to consultation with a substance abuse intervention specialist. Services shall be directed at assisting students in kindergarten through twelfth grade in overcoming problems of drug and alcohol abuse, and in preventing abuse and addiction to such 28A.170.080 (2008 Ed.) Dropout Prevention, Intervention, and Retrieval System substances, including nicotine. The grants shall require local matching funds so that the grant amounts support a maximum of eighty percent of the costs of the services funded. The services of a substance abuse intervention specialist may be obtained by means of a contract with a state or community services agency or a drug treatment center. Services provided by a substance abuse intervention specialist may include: (a) Individual and family counseling, including preventive counseling; (b) Assessment and referral for treatment; (c) Referral to peer support groups; (d) Aftercare; (e) Development and supervision of student mentor programs; (f) Staff training, including training in the identification of high-risk children and effective interaction with those children in the classroom; and (g) Development and coordination of school drug and alcohol core teams, involving staff, students, parents, and community members. (2) For the purposes of this section, "substance abuse intervention specialist" means any one of the following, except that diagnosis and assessment, counseling and aftercare specifically identified with treatment of chemical dependency shall be performed only by personnel who meet the same qualifications as are required of a qualified chemical dependency counselor employed by an alcoholism or drug treatment program approved by the department of social and health services. (a) An educational staff associate employed by a school district or educational service district who holds certification as a school counselor, school psychologist, school nurse, or school social worker under Washington professional educator standards board rules adopted pursuant to RCW 28A.410.210; (b) An individual who meets the definition of a qualified drug or alcohol counselor established by the bureau of alcohol and substance abuse; (c) A counselor, social worker, or other qualified professional employed by the department of social and health services; (d) A psychologist licensed under chapter 18.83 RCW; or (e) A children’s mental health specialist as defined in RCW 71.34.020. [2005 c 497 § 213; 1990 c 33 § 157; 1989 c 271 § 311. Formerly RCW 28A.120.082.] Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. Severability—1989 c 271: See note following RCW 9.94A.510. 28A.170.090 Selection of grant recipients—Program rules. (1) The superintendent of public instruction shall select school districts and cooperatives of school districts to receive grants for drug and alcohol abuse prevention and intervention programs for students in kindergarten through twelfth grade, from funds appropriated by the legislature for this purpose. The minimum annual grant amount per district or cooperative of districts shall be twenty thousand dollars. Factors to be used in selecting proposals for funding and in determining grant awards shall be developed in consultation 28A.170.090 (2008 Ed.) Chapter 28A.175 with the substance abuse advisory committee appointed under RCW 28A.170.050, with the intent of targeting funding to districts with high-risk populations. These factors may include: (a) Characteristics of the school attendance areas to be served, such as the number of students from low-income families, truancy rates, juvenile justice referrals, and social services caseloads; (b) The total number of students who would have access to services; and (c) Participation of community groups and law enforcement agencies in drug and alcohol abuse prevention and intervention activities. (2) The application procedures for grants under this section shall include provisions for comprehensive planning, establishment of a school and community substance abuse advisory committee, and documentation of the district’s needs assessment. Planning and application for grants under this section may be integrated with the development of other substance abuse awareness programs by school districts. School districts shall, to the maximum extent feasible, coordinate the use of grants provided under this section with other funding available for substance abuse awareness programs. School districts should allocate resources giving emphasis to drug and alcohol abuse intervention services for students in grades five through nine. Grants may be used to provide services for students who are enrolled in approved private schools. (3) School districts receiving grants under this section shall be required to establish a means of accessing formal assessment services for determining treatment needs of students with drug and alcohol problems. The grant applications submitted by districts shall identify the districts’ plan for meeting this requirement. (4) School districts receiving grants under this section shall be required to perform biennial evaluations of their drug and alcohol abuse prevention and intervention programs, and to report on the results of these evaluations to the superintendent of public instruction. (5) The superintendent of public instruction may adopt rules to implement RCW 28A.170.080 and 28A.170.090. [1995 c 335 § 205; 1990 c 33 § 158; 1989 c 271 § 312. Formerly RCW 28A.120.084.] Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360. Severability—1989 c 271: See note following RCW 9.94A.510. Chapter 28A.175 RCW DROPOUT PREVENTION, INTERVENTION, AND RETRIEVAL SYSTEM Chapter 28A.175 Sections 28A.175.010 28A.175.025 28A.175.035 28A.175.045 28A.175.055 28A.175.065 28A.175.075 Educational progress information—Reporting requirements—Rules—Reports to legislature. Building bridges program—Grants. Grants—Criteria and requirements—Data collection— Third-party evaluator—Report. Grant awards—Recipients. Grant awards—Eligibility. Duties of educational service districts—Collaboration with workforce development councils. Work group—Duties—Reports. [Title 28A RCW—page 29] 28A.175.010 Title 28A RCW: Common School Provisions 28A.175.010 Educational progress information— Reporting requirements—Rules—Reports to legislature. Each school district shall account for the educational progress of each of its students. To achieve this, school districts shall be required to report annually to the superintendent of public instruction: (1) For students enrolled in each of a school district’s high school programs: (a) The number of students who graduate in fewer than four years; (b) The number of students who graduate in four years; (c) The number of students who remain in school for more than four years but who eventually graduate and the number of students who remain in school for more than four years but do not graduate; (d) The number of students who transfer to other schools; (e) The number of students in the ninth through twelfth grade who drop out of school over a four-year period; and (f) The number of students whose status is unknown. (2) Dropout rates of students in each of the grades seven through twelve. (3) Dropout rates for student populations in each of the grades seven through twelve by: (a) Ethnicity; (b) Gender; (c) Socioeconomic status; and (d) Disability status. (4) The causes or reasons, or both, attributed to students for having dropped out of school in grades seven through twelve. (5) The superintendent of public instruction shall adopt rules under chapter 34.05 RCW to assure uniformity in the information districts are required to report under subsections (1) through (4) of this section. In developing rules, the superintendent of public instruction shall consult with school districts, including administrative and counseling personnel, with regard to the methods through which information is to be collected and reported. (6) In reporting on the causes or reasons, or both, attributed to students for having dropped out of school, school building officials shall, to the extent reasonably practical, obtain such information directly from students. In lieu of obtaining such information directly from students, building principals and counselors shall identify the causes or reasons, or both, based on their professional judgment. (7) The superintendent of public instruction shall report annually to the legislature the information collected under subsections (1) through (4) of this section. [2005 c 207 § 3; 1991 c 235 § 4; 1986 c 151 § 1. Formerly RCW 28A.58.087.] 28A.175.010 F ind ing s— Inte nt— 20 05 c 20 7: See n ot e fol l ow i ng RC W 28A.600.300. 28A.175.025 Building bridges program—Grants. Subject to the availability of funds appropriated for this purpose, the office of the superintendent of public instruction shall create a grant program and award grants to local partnerships of schools, families, and communities to begin the phase in of a statewide comprehensive dropout prevention, intervention, and retrieval system. This program shall be known as the building bridges program. 28A.175.025 [Title 28A RCW—page 30] (1) For purposes of RCW 28A.175.025 through 28A.175.075, a "building bridges program" means a local partnership of schools, families, and communities that provides all of the following programs or activities: (a) A system that identifies individual students at risk of dropping out from middle through high school based on local predictive data, including state assessment data starting in the fourth grade, and provides timely interventions for such students and for dropouts, including a plan for educational success as already required by the student learning plan as defined under RCW 28A.655.061. Students identified shall include foster care youth, youth involved in the juvenile justice system, and students receiving special education services under chapter 28A.155 RCW; (b) Coaches or mentors for students as necessary; (c) Staff responsible for coordination of community partners that provide a seamless continuum of academic and nonacademic support in schools and communities; (d) Retrieval or reentry activities; and (e) Alternative educational programming, including, but not limited to, career and technical education exploratory and preparatory programs and online learning opportunities. (2) One of the grants awarded under this section shall be for a two-year demonstration project focusing on providing fifth through twelfth grade students with a program that utilizes technology and is integrated with state standards, basic academics, cross-cultural exposures, and age-appropriate preemployment training. The project shall: (a) Establish programs in two western Washington and one eastern Washington urban areas; (b) Identify at-risk students in each of the distinct communities and populations and implement strategies to close the achievement gap; (c) Collect and report data on participant characteristics and outcomes of the project, including the characteristics and outcomes specified under RCW 28A.175.035(1)(e); and (d) Submit a report to the legislature by December 1, 2009. [2007 c 408 § 2.] Intent—Findings—2007 c 408: "It is the intent of the legislature that increasing academic success and increasing graduation rates be dual goals for the K-12 system. The legislature finds that only seventy-four percent of the class of 2005 graduated on time. Students of color, students living in poverty, students in foster care, students in the juvenile justice system, students who are homeless, students for whom English is not their primary language, and students with disabilities have lower graduation rates than the average. The legislature further finds that students who drop out experience more frequent occurrences of early pregnancy, delinquency, substance abuse, and mental health issues, and have greater need of publicly funded health and social services. The legislature further finds that helping all students be successful in school requires active participation in coordinating services from schools, parents, and other stakeholders and agencies in the local community. The legislature finds that existing resources to vulnerable youth are used more efficiently and effectively when there is significant coordination across local and state entities. The legislature further finds that efficiency and accountability of the K-12 system would be improved by creating a dropout prevention and intervention grant program that implements research-based and emerging best practices and evaluates results." [2007 c 408 § 1.] 28A.175.035 28A.175.035 Grants—Criteria and requirements— Data collection—Third-party evaluator—Report. (1) The office of the superintendent of public instruction shall: (2008 Ed.) Dropout Prevention, Intervention, and Retrieval System (a) Identify criteria for grants and evaluate proposals for funding in consultation with the workforce training and education coordinating board; (b) Develop and monitor requirements for grant recipients to: (i) Identify students who both fail the Washington assessment of student learning and drop out of school; (ii) Identify their own strengths and gaps in services provided to youth; (iii) Set their own local goals for program outcomes; (iv) Use research-based and emerging best practices that lead to positive outcomes in implementing the building bridges program; and (v) Coordinate an outreach campaign to bring public and private organizations together and to provide information about the building bridges program to the local community; (c) In setting the requirements under (b) of this subsection, encourage creativity and provide for flexibility in implementing the local building bridges program; (d) Identify and disseminate successful practices; (e) Develop requirements for grant recipients to collect and report data, including, but not limited to: (i) The number of and demographics of students served including, but not limited to, information regarding a student’s race and ethnicity, a student’s household income, a student’s housing status, whether a student is a foster youth or youth involved in the juvenile justice system, whether a student is disabled, and the primary language spoken at a student’s home; (ii) Washington assessment of student learning scores; (iii) Dropout rates; (iv) On-time graduation rates; (v) Extended graduation rates; (vi) Credentials obtained; (vii) Absenteeism rates; (viii) Truancy rates; and (ix) Credit retrieval; (f) Contract with a third party to evaluate the infrastructure and implementation of the partnership including the leveraging of outside resources that relate to the goal of the partnership. The third-party contractor shall also evaluate the performance and effectiveness of the partnerships relative to the type of entity, as identified in RCW 28A.175.045, serving as the lead agency for the partnership; and (g) Report to the legislature by December 1, 2008. (2) In performing its duties under this section, the office of the superintendent of public instruction is encouraged to consult with the work group identified in RCW 28A.175.075. [2007 c 408 § 3.] Inte nt— F i ndi ngs— 20 07 c 40 8: See n ot e fol l ow i ng RC W 28A.175.025. 28A.175.045 Grant awards—Recipients. In awarding the grants under RCW 28A.175.025, the office of the superintendent of public instruction shall prioritize schools or districts with dropout rates above the statewide average and shall attempt to award building bridges program grants to different geographic regions of the state. Eligible recipients shall be one of the following entities acting as a lead agency for the local partnership: A school district, a tribal school, an area workforce development council, an educational service 28A.175.045 (2008 Ed.) 28A.175.065 district, an accredited institution of higher education, a vocational skills center, a federally recognized tribe, a community organization, or a nonprofit 501(c)(3) corporation. If the recipient is not a school district, at least one school district must be identified within the partnership. The superintendent of public instruction shall ensure that grants are distributed proportionately between school districts and other recipients. This requirement may be waived if the superintendent of public instruction finds that the quality of the programs or applications from these entities does not warrant the awarding of the grants proportionately. [2007 c 408 § 4.] Inte nt —F i ndi ngs— 2 007 c 40 8: See n ot e fol l ow i ng RC W 28A.175.025. 28A.175.055 Grant awards—Eligibility. To be eligible for a grant under RCW 28A.175.025, grant applicants shall: (1) Build or demonstrate a commitment to building a broad-based partnership of schools, families, and community members to provide an effective and efficient building bridges program. The partnership shall consider an effective model for school-community partnerships and include local membership from, but not limited to, school districts, tribal schools, secondary career and technical education programs, skill centers that serve the local community, an educational service district, the area workforce development council, accredited institutions of higher education, tribes or other cultural organizations, the parent teacher association, the juvenile court, prosecutors and defenders, the local health department, health care agencies, public transportation agencies, local division representatives of the department of social and health services, businesses, city or county government agencies, civic organizations, and appropriate youth-serving community-based organizations. Interested parents and students shall be actively included whenever possible; (2) Demonstrate how the grant will enhance any dropout prevention and intervention programs and services already in place in the district; (3) Provide a twenty-five percent match that may include in-kind resources from within the partnership; (4) Track and report data required by the grant; and (5) Describe how the dropout prevention, intervention, and retrieval system will be sustained after initial funding, including roles of each of the partners. [2007 c 408 § 5.] 28A.175.055 Inte nt —F i ndi ngs— 2 007 c 40 8: See n ot e fol l ow i ng RC W 28A.175.025. 28A.175.065 Duties of educational service districts— Collaboration with workforce development councils. (1) Educational service districts, in collaboration with area workforce development councils, shall: (a) Provide technical assistance to local partnerships established under a grant awarded under RCW 28A.175.025 in collecting and using performance data; and (b) At the request of a local partnership established under a grant awarded under RCW 28A.175.025, provide assistance in the development of a functional sustainability plan, including the identification of potential funding sources for future operation. (2) Local partnerships established under a grant awarded under RCW 28A.175.025 may contract with an educational 28A.175.065 [Title 28A RCW—page 31] 28A.175.075 Title 28A RCW: Common School Provisions service district, workforce development council, or a private agency for specialized training in such areas as cultural competency, identifying diverse learning styles, and intervention strategies for students at risk of dropping out of school. [2007 c 408 § 6.] Inte nt— F i ndi ngs— 20 07 c 40 8: See n ot e fol l ow i ng RC W 28A.175.025. 28A.175.075 Work group—Duties—Reports. (1) The office of the superintendent of public instruction shall establish a state-level work group that includes K-12 and state agencies that work with youth who have dropped out or are at risk of dropping out of school. The state-level leadership group shall consist of one representative from each of the following agencies and organizations: The workforce training and education coordinating board; career and technical education including skill centers; relevant divisions of the department of social and health services; the juvenile courts; the Washington association of prosecuting attorneys; the Washington state office of public defense; the employment security department; accredited institutions of higher education; the educational service districts; the area workforce development councils; parent and educator associations; the department of health; local school districts; agencies or organizations that provide services to special education students; community organizations serving youth; federally recognized tribes and urban tribal centers; each of the major political caucuses of the senate and house of representatives; and the minority commissions. (2) To assist and enhance the work of the building bridges programs established in RCW 28A.175.055, the state-level work group shall: (a) Identify and make recommendations to the legislature for the reduction of fiscal, legal, and regulatory barriers that prevent coordination of program resources across agencies at the state and local level; (b) Develop and track performance measures and benchmarks for each partner agency or organization across the state including performance measures and benchmarks based on student characteristics and outcomes specified in RCW 28A.175.035(1)(e); and (c) Identify research-based and emerging best practices regarding prevention, intervention, and retrieval programs. (3) The work group shall report to the legislature and the governor on an annual basis beginning December 1, 2007, with recommendations for implementing emerging best practices, needed additional resources, and eliminating barriers. [2007 c 408 § 7.] 28A.175.075 Inte nt— F i ndi ngs— 20 07 c 40 8: See n ot e fol l ow i ng RC W 28A.175.025. Chapter 28A.180 Chapter 28A.180 RCW TRANSITIONAL BILINGUAL INSTRUCTION PROGRAM Sections 28A.180.010 28A.180.020 28A.180.030 28A.180.040 28A.180.060 28A.180.080 Budget requests—Allocation of moneys—English language skills test. 28A.180.090 Evaluation system—Report to the legislature. 28A.180.100 Continuing education plan for older students. 28A.180.010 Short title—Purpose. RCW 28A.180.010 through 28A.180.080 shall be known and cited as "The Transitional Bilingual Instruction Act." The legislature finds that there are large numbers of children who come from homes where the primary language is other than English. The legislature finds that a transitional bilingual education program can meet the needs of these children. Pursuant to the policy of this state to insure equal educational opportunity to every child in this state, it is the purpose of RCW 28A.180.010 through 28A.180.080 to provide for the implementation of transitional bilingual education programs in the public schools, and to provide supplemental financial assistance to school districts to meet the extra costs of these programs. [1990 c 33 § 163; 1984 c 124 § 1; 1979 c 95 § 1. Formerly RCW 28A.58.800.] 28A.180.010 Severability—1979 c 95: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1979 c 95 § 9.] 28A.180.020 Annual report by superintendent of public instruction. The superintendent of public instruction shall review annually the transitional bilingual instruction program and shall submit a report of such review to the legislature on or before January 1 of each year. [1984 c 124 § 8. Formerly RCW 28A.58.801.] 28A.180.020 28A.180.030 Definitions. As used throughout this chapter, unless the context clearly indicates otherwise: (1) "Transitional bilingual instruction" means: (a) A system of instruction which uses two languages, one of which is English, as a means of instruction to build upon and expand language skills to enable the pupil to achieve competency in English. Concepts and information are introduced in the primary language and reinforced in the second language: PROVIDED, That the program shall include testing in the subject matter in English; or (b) In those cases in which the use of two languages is not practicable as established by the superintendent of public instruction and unless otherwise prohibited by law, an alternative system of instruction which may include English as a second language and is designed to enable the pupil to achieve competency in English. (2) "Primary language" means the language most often used by the student for communication in his/her home. (3) "Eligible pupil" means any enrollee of the school district whose primary language is other than English and whose English language skills are sufficiently deficient or absent to impair learning. [2001 1st sp.s. c 6 § 3; 1990 c 33 § 164; 1984 c 124 § 2; 1979 c 95 § 2. Formerly RCW 28A.58.802.] 28A.180.030 Severability—1979 c 95: See note following RCW 28A.180.010. 28A.180.040 School board duties. Every school district board of directors shall: (1) Make available to each eligible pupil transitional bilingual instruction to achieve competency in English, in accord with rules of the superintendent of public instruction. 28A.180.040 Short title—Purpose. Annual report by superintendent of public instruction. Definitions. School board duties. Guidelines and rules. [Title 28A RCW—page 32] (2008 Ed.) Transitional Bilingual Instruction Program (2) Wherever feasible, ensure that communications to parents emanating from the schools shall be appropriately bilingual for those parents of pupils in the bilingual instruction program. (3) Determine, by administration of an English test approved by the superintendent of public instruction the number of eligible pupils enrolled in the school district at the beginning of a school year and thereafter during the year as necessary in individual cases. (4) Before the conclusion of each school year, measure each eligible pupil’s improvement in learning the English language by means of a test approved by the superintendent of public instruction. (5) Provide in-service training for teachers, counselors, and other staff, who are involved in the district’s transitional bilingual program. Such training shall include appropriate instructional strategies for children of culturally different backgrounds, use of curriculum materials, and program models. [2001 1st sp.s. c 6 § 4; 1984 c 124 § 3; 1979 c 95 § 3. Formerly RCW 28A.58.804.] Effective date—1979 c 95 § 3: "Section 3 of this act shall take effect September 1, 1980." [1979 c 95 § 7.] Severability—1979 c 95: See note following RCW 28A.180.010. 28A.180.060 Guidelines and rules. The superintendent of public instruction shall: (1) Promulgate and issue program development guidelines to assist school districts in preparing their programs; (2) Promulgate rules for implementation of RCW 28A.180.010 through 28A.180.080 in accordance with chapter 34.05 RCW. The rules shall be designed to maximize the role of school districts in selecting programs appropriate to meet the needs of eligible students. The rules shall identify the process and criteria to be used to determine when a student is no longer eligible for transitional bilingual instruction pursuant to RCW 28A.180.010 through 28A.180.080. [1990 c 33 § 165; 1984 c 124 § 5; 1979 c 95 § 5. Formerly RCW 28A.58.808.] 28A.180.060 Severability—1979 c 95: See note following RCW 28A.180.010. 28A.180.080 Budget requests—Allocation of moneys—English language skills test. The superintendent of public instruction shall prepare and submit biennially to the governor and the legislature a budget request for bilingual instruction programs. Moneys appropriated by the legislature for the purposes of RCW 28A.180.010 through 28A.180.080 shall be allocated by the superintendent of public instruction to school districts for the sole purpose of operating an approved bilingual instruction program; priorities for funding shall exist for the early elementary grades. No moneys shall be allocated pursuant to this section to fund more than three school years of bilingual instruction for each eligible pupil within a district: PROVIDED, That such moneys may be allocated to fund more than three school years of bilingual instruction for any pupil who fails to demonstrate improvement in English language skills adequate to remove impairment of learning when taught only in English. The superintendent of public instruction shall set standards and approve a test for the measurement of such English language skills. 28A.180.100 [1995 c 335 § 601; 1990 c 33 § 167; 1979 c 95 § 6. Formerly RCW 28A.58.810.] Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360. Severability—1979 c 95: See note following RCW 28A.180.010. 28A.180.090 Evaluation system—Report to the legislature. The superintendent of public instruction shall develop an evaluation system designed to measure increases in the English and academic proficiency of eligible pupils. When developing the system, the superintendent shall: (1) Require school districts to assess potentially eligible pupils within ten days of registration using an English proficiency assessment or assessments as specified by the superintendent of public instruction. Results of these assessments shall be made available to both the superintendent of public instruction and the school district; (2) Require school districts to annually assess all eligible pupils at the end of the school year using an English proficiency assessment or assessments as specified by the superintendent of public instruction. Results of these assessments shall be made available to both the superintendent of public instruction and the school district; (3) Develop a system to evaluate increases in the English and academic proficiency of students who are, or were, eligible pupils. This evaluation shall include students when they are in the program and after they exit the program until they finish their K-12 career or transfer from the school district. The purpose of the evaluation system is to inform schools, school districts, parents, and the state of the effectiveness of the transitional bilingual programs in school and school districts in teaching these students English and other content areas, such as mathematics and writing; and (4) Report to the education and fiscal committees of the legislature by November 1, 2002, regarding the development of the systems described in this section and a timeline for the full implementation of those systems. The legislature shall approve and provide funding for the evaluation system in subsection (3) of this section before any implementation of the system developed under subsection (3) of this section may occur. [2001 1st sp.s. c 6 § 2.] 28A.180.090 28A.180.080 (2008 Ed.) 28A.180.100 Continuing education plan for older students. The office of the superintendent of public instruction and the state board for community and technical colleges shall jointly develop a program plan to provide a continuing education option for students who are eligible for the state transitional bilingual instruction program and who need more time to develop language proficiency but who are more ageappropriately suited for a postsecondary learning environment than for a high school. In developing the plan, the superintendent of public instruction shall consider options to formally recognize the accomplishments of students in the state transitional bilingual instruction program who have completed the twelfth grade but have not earned a certificate of academic achievement. By December 1, 2004, the agencies shall report to the legislative education and fiscal committees with any recommendations for legislative action and any resources necessary to implement the plan. [2004 c 19 § 105.] 28A.180.100 [Title 28A RCW—page 33] Chapter 28A.185 Title 28A RCW: Common School Provisions HIGHLY CAPABLE STUDENTS 28A.185.010 Program—Duties of superintendent of public instruction. 28A.185.020 Funding. 28A.185.030 Programs—Authority of local school districts—Selection of students. 28A.185.040 Contracts with University of Washington for education of highly capable students at early entrance program or transition school—Allocation of funds—Rules. 28A.185.050 Program review and monitoring—Reports to the legislature—Rules. professionals, after consideration of the results of the multiple criteria assessment. (2) Students selected pursuant to procedures outlined in this section shall be provided, to the extent feasible, an educational opportunity which takes into account each student’s unique needs and capabilities and the limits of the resources and program options available to the district, including those options which can be developed or provided by using funds allocated by the superintendent of public instruction for that purpose. [1984 c 278 § 13. Formerly RCW 28A.16.060.] Severability—1984 c 278: See note following RCW 28A.185.010. Part headings and captions not law—Severability—Effective date—2004 c 19: See notes following RCW 28A.655.061. Chapter 28A.185 Chapter 28A.185 RCW Sections 28A.185.010 Program—Duties of superintendent of public instruction. Pursuant to rules and regulations adopted by the superintendent of public instruction for the administration of this chapter, the superintendent of public instruction shall carry out a program for highly capable students. Such program may include conducting, coordinating and aiding in research (including pilot programs), disseminating information to local school districts, providing statewide staff development, and allocating to school districts supplementary funds for additional costs of district programs, as provided by RCW 28A.185.020. [1984 c 278 § 12. Formerly RCW 28A.16.040.] 28A.185.010 Severability—1984 c 278: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1984 c 278 § 24.] 28A.185.020 Funding. Supplementary funds as may be provided by the state for this program, in accordance with RCW 28A.150.370, shall be categorical funding on an excess cost basis based upon a per student amount not to exceed three percent of any district’s full-time equivalent enrollment. [1990 c 33 § 168; 1984 c 278 § 14. Formerly RCW 28A.16.050.] 28A.185.020 Severability—1984 c 278: See note following RCW 28A.185.010. 28A.185.030 Programs—Authority of local school districts—Selection of students. Local school districts may establish and operate, either separately or jointly, programs for highly capable students. Such authority shall include the right to employ and pay special instructors and to operate such programs jointly with a public institution of higher education. Local school districts which establish and operate programs for highly capable students shall adopt identification procedures and provide educational opportunities as follows: (1) In accordance with rules and regulations adopted by the superintendent of public instruction, school districts shall implement procedures for nomination, assessment and selection of their most highly capable students. Nominations shall be based upon data from teachers, other staff, parents, students, and members of the community. Assessment shall be based upon a review of each student’s capability as shown by multiple criteria intended to reveal, from a wide variety of sources and data, each student’s unique needs and capabilities. Selection shall be made by a broadly based committee of 28A.185.030 [Title 28A RCW—page 34] 28A.185.040 Contracts with University of Washington for education of highly capable students at early entrance program or transition school—Allocation of funds—Rules. (1) The superintendent of public instruction shall contract with the University of Washington for the education of highly capable students below eighteen years of age who are admitted or enrolled at such early entrance program or transition school as are now or hereafter established and maintained by the University of Washington. (2) The superintendent of public instruction shall allocate directly to the University of Washington all of the state basic education allocation moneys, state categorical moneys excepting categorical moneys provided for the highly capable students program under RCW 28A.185.010 through 28A.185.030, and federal moneys generated by a student while attending an early entrance program or transition school at the University of Washington. The allocations shall be according to each student’s school district of residence. The expenditure of such moneys shall be limited to selection of students, precollege instruction, special advising, and related activities necessary for the support of students while attending a transition school or early entrance program at the University of Washington. Such allocations may be supplemented with such additional payments by other parties as necessary to cover the actual and full costs of such instruction and other activities. (3) The provisions of subsections (1) and (2) of this section shall apply during the first three years a student is attending a transition school or early entrance program at the University of Washington or through the academic school year in which the student turns eighteen, whichever occurs first. No more than thirty students shall be admitted and enrolled in the transition school at the University of Washington in any one year. (4) The superintendent of public instruction shall adopt or amend rules pursuant to chapter 34.05 RCW implementing subsection (2) of this section before August 31, 1989. [1990 c 33 § 169; 1989 c 233 § 9; 1987 c 518 § 222. Formerly RCW 28A.58.217.] 28A.185.040 Intent—1994 c 166; 1987 c 518: See note following RCW 43.215.425. Severability—1987 c 518: See note following RCW 43.215.425. 28A.185.050 Program review and monitoring— Reports to the legislature—Rules. In order to ensure that school districts are meeting the requirements of an approved program for highly capable students, the superintendent of public instruction shall monitor highly capable programs at 28A.185.050 (2008 Ed.) Residential Education Programs least once every five years. Monitoring shall begin during the 2002-03 school year. Any program review and monitoring under this section may be conducted concurrently with other program reviews and monitoring conducted by the office of the superintendent of public instruction. In its review, the office shall monitor program components that include but need not be limited to the process used by the district to identify and reach out to highly capable students with diverse talents and from diverse backgrounds, assessment data and other indicators to determine how well the district is meeting the academic needs of highly capable students, and district expenditures used to enrich or expand opportunities for these students. Beginning June 30, 2003, and every five years thereafter, the office of the superintendent of public instruction shall submit a report to the education committees of the house of representatives and the senate that provides a brief description of the various instructional programs offered to highly capable students. The superintendent of public instruction may adopt rules under chapter 34.05 RCW to implement this section. [2002 c 234 § 1.] Chapter 28A.190 RCW RESIDENTIAL EDUCATION PROGRAMS Chapter 28A.190 Sections 28A.190.010 Educational program for juveniles in detention facilities. 28A.190.020 Educational programs for residential school residents—"Residential school" defined. 28A.190.030 Educational programs for residential school residents— School district to conduct—Scope of duties and authority. 28A.190.040 Educational programs for residential school residents— Duties and authority of DSHS and residential school superintendent. 28A.190.050 Educational programs for residential school residents—Contracts between school district and DSHS—Scope. 28A.190.060 Educational programs for residential school residents— DSHS to give notice when need for reduction of staff— Liability upon failure. 28A.190.010 Educational program for juveniles in detention facilities. A program of education shall be provided for by the department of social and health services and the several school districts of the state for common school age persons who have been admitted to facilities staffed and maintained or contracted pursuant to RCW 13.40.320 by the department of social and health services for the education and treatment of juveniles who have been diverted or who have been found to have committed a juvenile offense. The division of duties, authority, and liabilities of the department of social and health services and the several school districts of the state respecting the educational programs shall be the same in all respects as set forth in RCW 28A.190.030 through 28A.190.060 respecting programs of education for state residential school residents. For the purposes of this section, the term "residential school" or "schools" as used in RCW 28A.190.030 through 28A.190.060 shall be construed to mean a facility staffed and maintained by the department of social and health services or a program established under RCW 13.40.320, for the education and treatment of juvenile offenders on probation or parole. Nothing in this section shall prohibit a school district from utilizing the services of an educational service district subject to RCW 28A.310.180. [1996 28A.190.010 (2008 Ed.) 28A.190.030 c 84 § 1; 1990 c 33 § 170; 1983 c 98 § 3. Formerly RCW 28A.58.765.] Juvenile facilities, educational programs: RCW 13.04.145. 28A.190.020 Educational programs for residential school residents—"Residential school" defined. The term "residential school" as used in RCW 28A.190.020 through 28A.190.060, 72.01.200, 72.05.010 and 72.05.130, each as now or hereafter amended, shall mean Green Hill school, Maple Lane school, Naselle Youth Camp, Cedar Creek Youth Camp, Mission Creek Youth Camp, Echo Glen, Lakeland Village, Rainier school, Yakima Valley school, Interlake school, Fircrest school, Francis Haddon Morgan Center, the Child Study and Treatment Center and Secondary School of Western State Hospital, and such other schools, camps, and centers as are now or hereafter established by the department of social and health services for the diagnosis, confinement and rehabilitation of juveniles committed by the courts or for the care and treatment of persons who are exceptional in their needs by reason of mental and/or physical deficiency: PROVIDED, That the term shall not include the state schools for the deaf and blind or adult correctional institutions. [1990 c 33 § 1 7 1; 1 9 79 e x. s. c 2 17 § 1 . Fo rm e r ly R CW 28A.58.770.] 28A.190.020 Effective date—1979 ex.s. c 217: "This act shall take effect on September 1, 1979." [1979 ex.s. c 217 § 16.] Severability—1979 ex.s. c 217: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 217 § 17.] 28A.190.030 Educational programs for residential school residents—School district to conduct—Scope of duties and authority. Each school district within which there is located a residential school shall, singly or in concert with another school district pursuant to RCW 28A.335.160 and 28A.225.250 or pursuant to chapter 39.34 RCW, conduct a program of education, including related student activities, for residents of the residential school. Except as otherwise provided for by contract pursuant to RCW 28A.190.050, the duties and authority of a school district and its employees to conduct such a program shall be limited to the following: (1) The employment, supervision and control of administrators, teachers, specialized personnel and other persons, deemed necessary by the school district for the conduct of the program of education; (2) The purchase, lease or rental and provision of textbooks, maps, audio-visual equipment, paper, writing instruments, physical education equipment and other instructional equipment, materials and supplies, deemed necessary by the school district for the conduct of the program of education; (3) The development and implementation, in consultation with the superintendent or chief administrator of the residential school or his or her designee, of the curriculum; (4) The conduct of a program of education, including related student activities, for residents who are three years of age and less than twenty-one years of age, and have not met high school graduation requirements as now or hereafter established by the state board of education and the school district which includes: 28A.190.030 [Title 28A RCW—page 35] 28A.190.040 Title 28A RCW: Common School Provisions (a) Not less than one hundred and eighty school days each school year; (b) Special education pursuant to RCW 28A.155.010 through 28A.155.100, and vocational education, as necessary to address the unique needs and limitations of residents; and (c) Such courses of instruction and school related student activities as are provided by the school district for nonresidential school students to the extent it is practical and judged appropriate for the residents by the school district after consultation with the superintendent or chief administrator of the residential school: PROVIDED, That a preschool special education program may be provided for residential school students with disabilities; (5) The control of students while participating in a program of education conducted pursuant to this section and the discipline, suspension or expulsion of students for violation of reasonable rules of conduct adopted by the school district; and (6) The expenditure of funds for the direct and indirect costs of maintaining and operating the program of education that are appropriated by the legislature and allocated by the superintendent of public instruction for the exclusive purpose of maintaining and operating residential school programs of education, and funds from federal and private grants, bequests and gifts made for the purpose of maintaining and operating the program of education. [1995 c 77 § 19; 1990 c 33 § 172; 1985 c 341 § 13; 1984 c 160 § 3; 1979 ex.s. c 217 § 2. Formerly RCW 28A.58.772.] Effective date—1985 c 341 §§ 4 and 13: See note following RCW 28A.155.020. Severability—1984 c 160: See note following RCW 28A.155.020. Effective date—Severability—1979 ex.s. c 217: See notes following RCW 28A.190.020. 28A.190.040 Educational programs for residential school residents—Duties and authority of DSHS and residential school superintendent. The duties and authority of the department of social and health services and of each superintendent or chief administrator of a residential school to support each program of education conducted by a school district pursuant to RCW 28A.190.030, shall include the following: (1) The provision of transportation for residential school students to and from the sites of the program of education through the purchase, lease or rental of school buses and other vehicles as necessary; (2) The provision of safe and healthy building and playground space for the conduct of the program of education through the construction, purchase, lease or rental of such space as necessary; (3) The provision of furniture, vocational instruction machines and tools, building and playground fixtures, and other equipment and fixtures for the conduct of the program of education through construction, purchase, lease or rental as necessary; (4) The provision of heat, lights, telephones, janitorial services, repair services, and other support services for the vehicles, building and playground spaces, equipment and fixtures provided for in this section; (5) The employment, supervision and control of persons to transport students and to maintain the vehicles, building 28A.190.040 [Title 28A RCW—page 36] and playground spaces, equipment and fixtures, provided for in this section; (6) Clinical and medical evaluation services necessary to a determination by the school district of the educational needs of residential school students; and (7) Such other support services and facilities as are reasonably necessary for the conduct of the program of education. [1990 c 33 § 173; 1979 ex.s. c 217 § 3. Formerly RCW 28A.58.774.] Effective date—Severability—1979 ex.s. c 217: See notes following RCW 28A.190.020. 28A.190.050 28A.190.050 Educational programs for residential school residents—Contracts between school district and DSHS—Scope. Each school district required to conduct a program of education pursuant to RCW 28A.190.030, and the department of social and health services shall hereafter negotiate and execute a written contract for each school year or such longer period as may be agreed to which delineates the manner in which their respective duties and authority will be cooperatively performed and exercised, and any disputes and grievances resolved. Any such contract may provide for the performance of duties by a school district in addition to those set forth in RCW 28A.190.030 (1) through (5), including duties imposed upon the department of social and health services and its agents pursuant to RCW 28A.190.040: PROVIDED, That funds identified in RCW 28A.190.030(6) and/or funds provided by the department of social and health services are available to fully pay the direct and indirect costs of such additional duties and the district is otherwise authorized by law to perform such duties in connection with the maintenance and operation of a school district. [1990 c 33 § 174; 1979 ex.s. c 217 § 4. Formerly RCW 28A.58.776.] Effective date—Severability—1979 ex.s. c 217: See notes following RCW 28A.190.020. 28A.190.060 28A.190.060 Educational programs for residential school residents—DSHS to give notice when need for reduction of staff—Liability upon failure. The department of social and health services shall provide written notice on or before April 15th of each school year to the superintendent of each school district conducting a program of education pursuant to RCW 28A.190.030 through 28A.190.050 of any foreseeable residential school closure, reduction in the number of residents, or any other cause for a reduction in the school district’s staff for the next school year. In the event the department of social and health services fails to provide notice as prescribed by this section, the department shall be liable and responsible for the payment of the salary and employment related costs for the next school year of each school district employee whose contract the school district would have nonrenewed but for the failure of the department to provide notice. [1990 c 33 § 175; 1979 ex.s. c 217 § 5. Formerly RCW 28A.58.778.] Effective date—Severability—1979 ex.s. c 217: See notes following RCW 28A.190.020. (2008 Ed.) Education Programs for Juvenile Inmates Chapter 28A.193 Chapter 28A.193 RCW EDUCATION PROGRAMS FOR JUVENILE INMATES Sections 28A.193.005 Intent—Findings. 28A.193.010 Operation of program by school district or educational service district. 28A.193.020 Solicitation for education provider—Selection of provider— Operation of program by educational service district. 28A.193.030 Duties and authority of education provider—Continuation in program by students age eighteen. 28A.193.040 Education providers—Additional authority and limitations. 28A.193.050 Required support of education programs. 28A.193.060 Contract between education providers and department of corrections. 28A.193.070 Education site closures or reduction in services—Notice to the superintendent of public instruction and education providers—Liability for failure to provide notice—Alternative dispute resolution. 28A.193.080 Allocation of money—Accountability requirements—Rules. 28A.193.900 Effective date—1998 c 244 §§ 1-9 and 11-15. 28A.193.901 Severability—1998 c 244. 28A.193.005 Intent—Findings. The legislature intends to provide for the operation of education programs for the department of corrections’ juvenile inmates. School districts, educational service districts, or any combination thereof should be the primary providers of the education programs. However, the legislature does not intend to preclude community and technical colleges, four-year institutions of higher education, or other qualified entities from contracting to provide all or part of these education programs if no school district or educational service district is willing to operate all or part of the education programs. The legislature finds that this chapter fully satisfies any constitutional duty to provide education programs for juvenile inmates in adult correctional facilities. The legislature further finds that biennial appropriations for education programs under this chapter amply provide for any constitutional duty to educate juvenile inmates in adult correctional facilities. [1998 c 244 § 1.] 28A.193.005 28A.193.010 Operation of program by school district or educational service district. Any school district or educational service district may operate all or any portion of an education program for juveniles in accordance with this chapter, notwithstanding the fact the services or benefits provided extend beyond the geographic boundaries of the school district or educational service district providing the service. [1998 c 244 § 2.] 28A.193.030 the state department of corrections has first priority to operate an education program for inmates at that site. The district may elect to operate an education program by itself or with another school district, educational service district, institution of higher education, private contractor, or any combination thereof. If the school district elects not to exercise its priority, it shall notify the superintendent of public instruction within thirty calendar days of the day of solicitation. (b) The educational service district where there is an educational site for juveniles in an adult correctional facility maintained by the state department of corrections has second priority to operate an education program for inmates at that site. The educational service district may elect to do so by itself or with a school district, another educational service district, institution of higher education, private contractor, or any combination thereof. If the educational service district elects not to exercise its priority, it shall notify the superintendent of public instruction within forty-five calendar days of the day of solicitation. (c) If neither the school district nor the educational service district chooses to operate an education program for inmates as provided for in (a) and (b) of this subsection, the superintendent of public instruction may contract with an entity, including, but not limited to, school districts, educational service districts, institutions of higher education, private contractors, or any combination thereof, within sixty calendar days of the day of solicitation. The selected entity may operate an education program by itself or with another school district, educational service district, institution of higher education, or private contractor, or any combination thereof. (2) If the superintendent of public instruction does not contract with an interested entity within sixty days of the day of solicitation, the educational service district where there is an educational site for juveniles in an adult correctional facility maintained by the state department of corrections shall begin operating the education program for inmates at the site within ninety days from the day of solicitation in subsection (1) of this section. [1998 c 244 § 3.] 28A.193.010 28A.193.020 Solicitation for education provider— Selection of provider—Operation of program by educational service district. The superintendent of public instruction shall solicit an education provider for the department of corrections’ juvenile inmates within sixty days as follows: (1) The superintendent of public instruction shall notify and solicit proposals from all interested and capable school districts, educational service districts, institutions of higher education, private contractors, or any combination thereof. The notice shall describe the proposed education program’s requirements and the appropriated amount. The selection of an education provider shall be in the following order: (a) The school district where there is an educational site for juveniles in an adult correctional facility maintained by 28A.193.020 (2008 Ed.) 28A.193.030 Duties and authority of education provider—Continuation in program by students age eighteen. Except as otherwise provided for by contract under RCW 28A.193.060, the duties and authority of a school district, educational service district, institution of higher education, or private contractor to provide for education programs under this chapter are limited to the following: (1) Employing, supervising, and controlling administrators, teachers, specialized personnel, and other persons necessary to conduct education programs, subject to security clearance by the department of corrections; (2) Purchasing, leasing, or renting and providing textbooks, maps, audiovisual equipment, paper, writing instruments, physical education equipment, and other instructional equipment, materials, and supplies deemed necessary by the provider of the education programs; (3) Conducting education programs for inmates under the age of eighteen in accordance with program standards established by the superintendent of public instruction. The education provider shall develop the curricula, instructional methods, and educational objectives of the education programs, subject to applicable requirements of state and federal 28A.193.030 [Title 28A RCW—page 37] 28A.193.040 Title 28A RCW: Common School Provisions law. The department of corrections shall establish behavior standards that govern inmate participation in education programs, subject to applicable requirements of state and federal law; (4) Students age eighteen who have participated in an education program governed by this chapter may continue in the program with the permission of the department of corrections and the education provider, under the rules adopted by the superintendent of public instruction. [1998 c 244 § 4.] 28A.193.040 Education providers—Additional authority and limitations. School districts and educational service districts providing an education program to juvenile inmates in an adult corrections [correctional] facility, notwithstanding that their geographical boundaries do not include the facility, may: (1) Award appropriate diplomas or certificates to inmates who successfully complete graduation requirements; (2) Spend only funds appropriated by the legislature and allocated by the superintendent of public instruction for the exclusive purpose of maintaining and operating education programs under this chapter, including direct and indirect costs of maintaining and operating the education programs, and funds from federal and private grants, bequests, and gifts made for that purpose. School districts may not expend excess tax levy proceeds authorized for school district purposes to pay costs incurred under this chapter. [1998 c 244 § 5.] 28A.193.040 28A.193.050 Required support of education programs. To support each education program under this chapter, the department of corrections and each superintendent or chief administrator of a correction facility shall: (1) Through construction, lease, or rental of space, provide necessary building and exercise spaces for the education program that is secure, separate, and apart from space occupied by nonstudent inmates; (2) Through construction, lease, or rental, provide vocational instruction machines; technology and supporting equipment; tools, building, and exercise facilities; and other equipment and fixtures deemed necessary by the department of corrections to conduct the education program; (3) Provide heat, lights, telephone, janitorial services, repair services, and other support services for the building and exercise spaces, equipment, and fixtures provided under this section; (4) Employ, supervise, and control security staff to safeguard agents of the education providers and inmates while engaged in educational and related activities conducted under this chapter; (5) Provide clinical and medical evaluation services necessary for a determination by the education provider of the educational needs of inmates; and (6) Provide such other support services and facilities as are reasonably necessary to conduct the education program. [1998 c 244 § 6.] 28A.193.050 28A.193.060 Contract between education providers and department of corrections. Each education provider under this chapter and the department of corrections shall 28A.193.060 [Title 28A RCW—page 38] negotiate and execute a written contract for each school year or such longer period as may be agreed to that delineates the manner in which their respective duties and authority will be cooperatively performed and exercised, and any disputes and grievances resolved through mediation, and if necessary, arbitration. Any such contract may provide for the performance of duties by an education provider in addition to those set forth in this chapter, including duties imposed upon the department of corrections and its agents under RCW 28A.193.050 if supplemental funding provided by the department of corrections is available to fully pay the direct and indirect costs of these additional duties. [1998 c 244 § 7.] 28A.193.070 28A.193.070 Education site closures or reduction in services—Notice to the superintendent of public instruction and education providers—Liability for failure to provide notice—Alternative dispute resolution. By April 15th of each school year, the department of corrections shall provide written notice to the superintendent of public instruction and education providers operating programs under this chapter of any reasonably foreseeable education site closures, reductions in the number of inmates or education services, or any other cause for a reduction in certificated or classified staff the next school year. In the event the department of corrections fails to provide notice as required by this section, the department is liable and responsible for the payment of the salary and employment-related costs for the next school year of each employee whose contract would or could have been nonrenewed but for the failure of the department to provide notice. Disputes arising under this section shall be resolved in accordance with the alternative dispute resolution method or methods specified in the contract required by RCW 28A.193.060. [1998 c 244 § 8.] 28A.193.080 28A.193.080 Allocation of money—Accountability requirements—Rules. The superintendent of public instruction shall: (1) Allocate money appropriated by the legislature to administer and provide education programs under this chapter to school districts, educational service districts, and other education providers selected under RCW 28A.193.020 that have assumed the primary responsibility to administer and provide education programs under this chapter. The allocation of moneys to any private contractor is contingent upon and must be in accordance with a contract between the private contractor and the department of corrections; and (2) Adopt rules in accordance with chapter 34.05 RCW that establish reporting, program compliance, audit, and such other accountability requirements as are reasonably necessary to implement this chapter and related provisions of the biennial operating act effectively. [1998 c 244 § 9.] 28A.193.900 28A.193.900 Effective date—1998 c 244 §§ 1-9 and 11-15. Sections 1 through 9 and 11 through 15 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [March 30, 1998]. [1998 c 244 § 17.] (2008 Ed.) Private Schools 28A.193.901 Severability—1998 c 244. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1998 c 244 § 19.] 28A.193.901 Chapter 28A.195 Chapter 28A.195 RCW PRIVATE SCHOOLS Sections 28A.195.010 28A.195.020 28A.195.030 28A.195.040 28A.195.050 28A.195.060 28A.195.070 28A.195.080 Private schools—Exemption from high school assessment requirements—Extension programs for parents to teach children in their custody. Private schools—Rights recognized. Private schools—Actions appealable under Administrative Procedure Act. Private schools—Board rules for enforcement—Racial segregation or discrimination prohibited. Private school advisory committee. Private schools must report attendance. Official transcript withholding—Transmittal of information. Record checks—Findings—Authority to require. 28A.195.010 Private schools—Exemption from high school assessment requirements—Extension programs for parents to teach children in their custody. The legislature hereby recognizes that private schools should be subject only to those minimum state controls necessary to insure the health and safety of all the students in the state and to insure a sufficient basic education to meet usual graduation requirements. The state, any agency or official thereof, shall not restrict or dictate any specific educational or other programs for private schools except as hereinafter in this section provided. Principals of private schools or superintendents of private school districts shall file each year with the state superintendent of public instruction a statement certifying that the minimum requirements hereinafter set forth are being met, noting any deviations. After review of the statement, the state superintendent will notify schools or school districts of those deviations which must be corrected. In case of major deviations, the school or school district may request and the state board of education may grant provisional status for one year in order that the school or school district may take action to meet the requirements. The state board of education shall not require private school students to meet the student learning goals, obtain a certificate of academic achievement, or a certificate of individual achievement to graduate from high school, to master the essential academic learning requirements, or to be assessed pursuant to RCW 28A.655.061. However, private schools may choose, on a voluntary basis, to have their students master these essential academic learning requirements, take the assessments, and obtain a certificate of academic achievement or a certificate of individual achievement. Minimum requirements shall be as follows: (1) The minimum school year for instructional purposes shall consist of no less than one hundred eighty school days or the equivalent in annual minimum program hour offerings as prescribed in RCW 28A.150.220. (2) The school day shall be the same as that required in RCW 28A.150.030 and 28A.150.220, except that the percentages of total program hour offerings as prescribed in RCW 28A.150.220 for basic skills, work skills, and optional 28A.195.010 (2008 Ed.) 28A.195.010 subjects and activities shall not apply to private schools or private sectarian schools. (3) All classroom teachers shall hold appropriate Washington state certification except as follows: (a) Teachers for religious courses or courses for which no counterpart exists in public schools shall not be required to obtain a state certificate to teach those courses. (b) In exceptional cases, people of unusual competence but without certification may teach students so long as a certified person exercises general supervision. Annual written statements shall be submitted to the office of the superintendent of public instruction reporting and explaining such circumstances. (4) An approved private school may operate an extension program for parents, guardians, or persons having legal custody of a child to teach children in their custody. The extension program shall require at a minimum that: (a) The parent, guardian, or custodian be under the supervision of an employee of the approved private school who is certified under chapter 28A.410 RCW; (b) The planning by the certified person and the parent, guardian, or person having legal custody include objectives consistent with this subsection and subsections (1), (2), (5), (6), and (7) of this section; (c) The certified person spend a minimum average each month of one contact hour per week with each student under his or her supervision who is enrolled in the approved private school extension program; (d) Each student’s progress be evaluated by the certified person; and (e) The certified employee shall not supervise more than thirty students enrolled in the approved private school’s extension program. (5) Appropriate measures shall be taken to safeguard all permanent records against loss or damage. (6) The physical facilities of the school or district shall be adequate to meet the program offered by the school or district: PROVIDED, That each school building shall meet reasonable health and fire safety requirements. A residential dwelling of the parent, guardian, or custodian shall be deemed to be an adequate physical facility when a parent, guardian, or person having legal custody is instructing his or her child under subsection (4) of this section. (7) Private school curriculum shall include instruction of the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of appreciation of art and music, all in sufficient units for meeting state board of education graduation requirements. (8) Each school or school district shall be required to maintain up-to-date policy statements related to the administration and operation of the school or school district. All decisions of policy, philosophy, selection of books, teaching material, curriculum, except as in subsection (7) of this section provided, school rules and administration, or other matters not specifically referred to in this section, shall be the responsibility of the administration and administrators of the particular private school involved. [2004 c 19 § 106; 1993 c 336 § 1101; (1992 c 141 § 505 repealed by 1993 c 336 § 1102); 1990 c 33 § 176. Prior: 1985 c 441 § 4; 1985 c 16 [Title 28A RCW—page 39] 28A.195.020 Title 28A RCW: Common School Provisions § 1; 1983 c 56 § 1; 1977 ex.s. c 359 § 9; 1975 1st ex.s. c 275 § 71; 1974 ex.s. c 92 § 2. Formerly RCW 28A.02.201.] Part headings and captions not law—Severability—Effective date—2004 c 19: See notes following RCW 28A.655.061. Findings—Intent—Part headings not law—1993 c 336: See notes following RCW 28A.150.210. Findings—1993 c 336: See note following RCW 28A.150.210. Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040. Severability—1985 c 441: See note following RCW 28A.225.010. Severability—1983 c 56: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1983 c 56 § 18.] Effective date—Severability—1977 ex.s. c 359: See notes following RCW 28A.150.200. Authorization for private school students to ride buses—Conditions: RCW 28A.160.020. Basic Education Act, RCW 28A.195.010 as part of: RCW 28A.150.200. Commencement exercises—Lip reading instruction—Joint purchasing, including issuing interest bearing warrants—Budgets: RCW 28A.320.080. Home-based instruction: RCW 28A.200.010. Immunization program, private schools as affecting: RCW 28A.210.060 through 28A.210.170. Part-time students—Defined—Enrollment in public schools authorized: RCW 28A.150.350. Real property—Sale—Notice and hearing—Appraisal—Broker or real estate appraiser services—Real estate sales contracts—Limitation: RCW 28A.335.120. Surplus school property, rental, lease or use of—Authorized—Limitations: RCW 28A.335.040. Surplus texts and other educational aids, notice of availability—Student priority as to texts: RCW 28A.335.180. 28A.195.020 Private schools—Rights recognized. The state recognizes the following rights of every private school: (1) To teach their religious beliefs and doctrines, if any; to pray in class and in assemblies; to teach patriotism including requiring students to salute the flag of the United States if that be the custom of the particular private school. (2) To require that there shall be on file the written consent of parents or guardians of students prior to the administration of any psychological test or the conduct of any type of group therapy. [1974 ex.s. c 92 § 3; 1971 ex.s. c 215 § 5. Formerly RCW 28A.02.220.] 28A.195.020 Severability—1971 ex.s. c 215: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1971 ex.s. c 215 § 8.] 28A.195.030 Private schools—Actions appealable under Administrative Procedure Act. Any private school may appeal the actions of the state superintendent of public instruction or state board of education as provided in chapter 34.05 RCW. [1974 ex.s. c 92 § 4; 1971 ex.s. c 215 § 6. Formerly RCW 28A.02.230.] 28A.195.030 28A.195.040 Private schools—Board rules for enforcement—Racial segregation or discrimination prohibited. The state board of education shall promulgate rules and regulations for the enforcement of RCW 28A.195.010 28A.195.040 [Title 28A RCW—page 40] through 28A.195.040, 28A.225.010, and 28A.305.130, including a provision which denies approval to any school engaging in a policy of racial segregation or discrimination. [1990 c 33 § 177; 1983 c 3 § 29; 1974 ex.s. c 92 § 5; 1971 ex.s. c 215 § 7. Formerly RCW 28A.02.240.] 28A.195.050 Private school advisory committee. The superintendent of public instruction is hereby directed to appoint a private school advisory committee that is broadly representative of educators, legislators, and various private school groups in the state of Washington. [1984 c 40 § 1; 1974 ex.s. c 92 § 6. Formerly RCW 28A.02.250.] 28A.195.050 Severability—1984 c 40: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1984 c 40 § 17.] 28A.195.060 Private schools must report attendance. It shall be the duty of the administrative or executive authority of every private school in this state to report to the educational service district superintendent on or before the thirtieth day of June in each year, on a form to be furnished, such information as may be required by the superintendent of public instruction, to make complete the records of education work pertaining to all children residing within the state. [1975 1st ex.s. c 275 § 70; 1969 ex.s. c 176 § 111; 1969 ex.s. c 223 § 28A.48.055. Prior: 1933 c 28 § 14; 1913 c 158 § 1; 1909 c 97 p 313 § 6; RRS § 4876. Formerly RCW 28A.48.055, 28.48.055, 28.27.020.] 28A.195.060 Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010. 28A.195.070 Official transcript withholding—Transmittal of information. If a student who previously attended an approved private school enrolls in a public school but has not paid tuition, fees, or fines at the approved private school, the approved private school may withhold the student’s official transcript, but shall transmit information to the public school about the student’s academic performance, special placement, immunization records, and records of disciplinary action. [1997 c 266 § 5.] 28A.195.070 Findings—Intent—Severability—1997 c 266: See notes following RCW 28A.600.455. 28A.195.080 Record checks—Findings—Authority to require. (1) The legislature finds additional safeguards are necessary to ensure safety of school children attending private schools in the state of Washington. Private schools approved under this chapter are authorized to require that employees who have regularly scheduled unsupervised access to children, whether current employees on May 5, 1999, or applicants for employment on or after May 5, 1999, undergo a record check through the Washington state patrol criminal identification system under RCW 43.43.830 through 43.43.838, 10.97.030, and 10.97.050 and through the federal bureau of investigation. The record check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card. Employees or applicants for employment who have completed a record check in accordance with RCW 28A.410.010 shall not be required to undergo a record check under this section. The superinten28A.195.080 (2008 Ed.) Education Centers dent of public instruction shall provide a copy of the record report to the employee or applicant. If an employee or applicant has undergone a record check as authorized under this section, additional record checks shall not be required unless required by other provisions of law. (2) The approved private school, the employee, or the applicant shall pay the costs associated with the record check authorized in this section. (3) Applicants may be employed on a conditional basis pending completion of the investigation. If the employee or applicant has had a record check within the previous two years, the approved private school or contractor may waive any record check required by the approved private school under subsection (1) of this section. [1999 c 187 § 1.] Effective date—1999 c 187: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 5, 1999]." [1999 c 187 § 2.] Chapter 28A.200 Chapter 28A.200 RCW HOME-BASED INSTRUCTION Sections 28A.200.010 Home-based instruction—Duties of parents—Exemption from high school assessment requirements. 28A.200.020 Home-based instruction—Certain decisions responsibility of parent unless otherwise specified. 28A.200.010 Home-based instruction—Duties of parents—Exemption from high school assessment requirements. (1) Each parent whose child is receiving home-based instruction under RCW 28A.225.010(4) shall have the duty to: (a) File annually a signed declaration of intent that he or she is planning to cause his or her child to receive homebased instruction. The statement shall include the name and age of the child, shall specify whether a certificated person will be supervising the instruction, and shall be written in a format prescribed by the superintendent of public instruction. Each parent shall file the statement by September 15th of the school year or within two weeks of the beginning of any public school quarter, trimester, or semester with the superintendent of the public school district within which the parent resides or the district that accepts the transfer, and the student shall be deemed a transfer student of the nonresident district. Parents may apply for transfer under RCW 28A.225.220; (b) Ensure that test scores or annual academic progress assessments and immunization records, together with any other records that are kept relating to the instructional and educational activities provided, are forwarded to any other public or private school to which the child transfers. At the time of a transfer to a public school, the superintendent of the local school district in which the child enrolls may require a standardized achievement test to be administered and shall have the authority to determine the appropriate grade and course level placement of the child after consultation with parents and review of the child’s records; and (c) Ensure that a standardized achievement test approved by the state board of education is administered annually to the child by a qualified individual or that an annual assessment of the student’s academic progress is written by a certificated person who is currently working in the field of education. 28A.200.010 (2008 Ed.) Chapter 28A.205 The state board of education shall not require these children to meet the student learning goals, master the essential academic learning requirements, to take the assessments, or to obtain a certificate of academic achievement or a certificate of individual achievement pursuant to RCW 28A.655.061 and 28A.155.045. The standardized test administered or the annual academic progress assessment written shall be made a part of the child’s permanent records. If, as a result of the annual test or assessment, it is determined that the child is not making reasonable progress consistent with his or her age or stage of development, the parent shall make a good faith effort to remedy any deficiency. (2) Failure of a parent to comply with the duties in this section shall be deemed a failure of such parent’s child to attend school without valid justification under RCW 28A.225.020. Parents who do comply with the duties set forth in this section shall be presumed to be providing homebased instruction as set forth in RCW 28A.225.010(4). [2004 c 19 § 107; 1995 c 52 § 1; 1993 c 336 § 1103; 1990 c 33 § 178; 1985 c 441 § 2. Formerly RCW 28A.27.310.] Part headings and captions not law—Severability—Effective date—2004 c 19: See notes following RCW 28A.655.061. Findings—Intent—Part headings not law—1993 c 336: See notes following RCW 28A.150.210. Findings—1993 c 336: See note following RCW 28A.150.210. Severability—1985 c 441: See note following RCW 28A.225.010. Part-time students—Defined—Enrollment in public schools authorized: RCW 28A.150.350. Private schools—Extension programs for parents to teach children in their custody: RCW 28A.195.010. 28A.200.020 Home-based instruction—Certain decisions responsibility of parent unless otherwise specified. The state hereby recognizes that parents who are causing their children to receive home-based instruction under RCW 28A.225.010(4) shall be subject only to those minimum state laws and regulations which are necessary to insure that a sufficient basic educational opportunity is provided to the children receiving such instruction. Therefore, all decisions relating to philosophy or doctrine, selection of books, teaching materials and curriculum, and methods, timing, and place in the provision or evaluation of home-based instruction shall be the responsibility of the parent except for matters specifically referred to in this chapter. [1990 c 33 § 179; 1985 c 441 § 3. Formerly RCW 28A.27.320.] 28A.200.020 Severability—1985 c 441: See note following RCW 28A.225.010. Chapter 28A.205 Chapter 28A.205 RCW EDUCATION CENTERS (Formerly: Educational clinics) Sections 28A.205.010 28A.205.020 28A.205.030 28A.205.040 28A.205.050 28A.205.070 "Education center," "basic academic skills," defined—Certification as education center and withdrawal of certification. Common school dropouts—Reimbursement. Reentry of prior dropouts into common schools, rules—Eligibility for GED test. Fees—Rules—Priority for payment—Review of records. Rules. Allocation of funds—Criteria—Duties of superintendent. [Title 28A RCW—page 41] 28A.205.010 28A.205.080 28A.205.090 Title 28A RCW: Common School Provisions Legislative findings—Distribution of funds—Cooperation with school districts. Inclusion of education centers program in biennial budget request—Quarterly plans—Funds—Payment. 28A.205.010 "Education center," "basic academic skills," defined—Certification as education center and withdrawal of certification. (1) As used in this chapter, unless the context thereof shall clearly indicate to the contrary: "Education center" means any private school operated on a profit or nonprofit basis which does the following: (a) Is devoted to the teaching of basic academic skills, including specific attention to improvement of student motivation for achieving, and employment orientation. (b) Operates on a clinical, client centered basis. This shall include, but not be limited to, performing diagnosis of individual educational abilities, determination and setting of individual goals, prescribing and providing individual courses of instruction therefor, and evaluation of each individual client’s progress in his or her educational program. (c) Conducts courses of instruction by professionally trained personnel certificated by the Washington professional educator standards board according to rules adopted for the purposes of this chapter and providing, for certification purposes, that a year’s teaching experience in an education center shall be deemed equal to a year’s teaching experience in a common or private school. (2) For purposes of this chapter, basic academic skills shall include the study of mathematics, speech, language, reading and composition, science, history, literature and political science or civics; it shall not include courses of a vocational training nature and shall not include courses deemed nonessential to the accrediting or the approval of private schools under RCW 28A.305.130. (3) The superintendent of public instruction shall certify an education center only upon application and (a) determination that such school comes within the definition thereof as set forth in subsection (1) of this section and (b) demonstration on the basis of actual educational performance of such applicants’ students which shows after consideration of their students’ backgrounds, educational gains that are a direct result of the applicants’ educational program. Such certification may be withdrawn if the superintendent finds that a center fails to provide adequate instruction in basic academic skills. No education center certified by the superintendent of public instruction pursuant to this section shall be deemed a common school under RCW 28A.150.020 or a private school for the purposes of RCW 28A.195.010 through 28A.195.050. [2006 c 263 § 408; 2005 c 497 § 214; 1999 c 348 § 2; 1993 c 211 § 1; 1990 c 33 § 180; 1983 c 3 § 38; 1977 ex.s. c 341 § 1. Formerly RCW 28A.97.010.] 28A.205.010 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. Intent—1999 c 348: "During 1997 and 1998, a committee of the state board of education reviewed all board rules and related authorizing statutes. Based on the findings and recommendations resulting from the review, the state board prepared a report to the legislature requesting action be taken. It is the intent of this act to implement recommendations of the state board of education." [1999 c 348 § 1.] [Title 28A RCW—page 42] Severability—1977 ex.s. c 341: "If any provision of this 1977 act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1977 ex.s. c 341 § 7.] 28A.205.020 Common school dropouts—Reimbursement. Only eligible common school dropouts shall be enrolled in a certified education center for reimbursement by the superintendent of public instruction as provided in RCW 28A.205.040. A person is not an eligible common school dropout if: (1) The person has completed high school, (2) the person has not reached his or her twelfth birthday or has passed his or her twentieth birthday, (3) the person shows proficiency beyond the high school level in a test approved by the state board of education to be given as part of the initial diagnostic procedure, or (4) less than one month has passed after the person has dropped out of any common school and the education center has not received written verification from a school official of the common school last attended in this state that the person is no longer in attendance at the school. A person is an eligible common school dropout even if one month has not passed since the person dropped out if the board of directors or its designee, of that common school, requests the center to admit the person because the person has dropped out or because the person is unable to attend a particular common school because of disciplinary reasons, including suspension and/or expulsion. The fact that any person may be subject to RCW 28A.225.010 through 28A.225.140, 28A.200.010, and 28A.200.020 shall not affect his or her qualifications as an eligible common school dropout under this chapter. [1999 c 348 § 3; 1997 c 265 § 7; 1993 c 211 § 2; 1990 c 33 § 181; 1979 ex.s. c 174 § 1; 1977 ex.s. c 341 § 2. Formerly RCW 28A.97.020.] 28A.205.020 Intent—1999 c 348: See note following RCW 28A.205.010. Severability—1997 c 265: See note following RCW 13.40.160. Severability—1979 ex.s. c 174: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 174 § 4.] Seve ra bili ty— 1977 e x.s. c 341 : Se e no te fo llo wing R CW 28A.205.010. 28A.205.030 Reentry of prior dropouts into common schools, rules—Eligibility for GED test. The superintendent of public instruction shall adopt, by rules, policies and procedures to permit a prior common school dropout to reenter at the grade level appropriate to such individual’s ability: PROVIDED, That such individual shall be placed with the class he or she would be in had he or she not dropped out and graduate with that class, if the student’s ability so permits notwithstanding any loss of credits prior to reentry and if such student earns credits at the normal rate subsequent to reentry. Notwithstanding any other provision of law, any certified education center student sixteen years of age or older, upon completion of an individual student program, shall be eligible to take the general educational development test as given throughout the state. [1993 c 218 § 2; 1993 c 211 § 3; 1990 c 33 § 182; 1977 ex.s. c 341 § 3. Formerly RCW 28A.97.030.] 28A.205.030 Reviser’s note: This section was amended by 1993 c 211 § 3 and by 1993 c 218 § 2, each without reference to the other. Both amendments are (2008 Ed.) Education Centers 28A.205.070 incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. Seve ra bi li ty—1 977 e x.s. c 341 : Se e no te fo llo wing R CW 28A.205.010. Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360. 28A.205.040 Fees—Rules—Priority for payment— Review of records. (1)(a) From funds appropriated for that purpose, the superintendent of public instruction shall pay fees to a certified center on a monthly basis for each student enrolled in compliance with RCW 28A.205.020. The superintendent shall set fees by rule. (b) Revisions in such fees proposed by an education center shall become effective after thirty days notice unless the superintendent finds such a revision is unreasonable in which case the revision shall not take effect. The administration of any general education development test shall not be a part of such initial diagnostic procedure. (c) Reimbursements shall not be made for students who are absent. (d) No center shall make any charge to any student, or the student’s parent, guardian or custodian, for whom a fee is being received under the provisions of this section. (2) Payments shall be made from available funds first to those centers that have in the judgment of the superintendent demonstrated superior performance based upon consideration of students’ educational gains taking into account such students’ backgrounds, and upon consideration of cost effectiveness. In considering the cost effectiveness of nonprofit centers the superintendent shall take into account not only payments made under this section but also factors such as tax exemptions, direct and indirect subsidies or any other cost to taxpayers at any level of government which result from such nonprofit status. (3) To be eligible for such payment, every such center, without prior notice, shall permit a review of its accounting records by personnel of the state auditor during normal business hours. (4) If total funds for this purpose approach depletion, the superintendent shall notify the centers of the date after which further funds for reimbursement of the centers’ services will be exhausted. [2006 c 263 § 412; 1999 c 348 § 4; 1990 c 33 § 183; 1979 ex.s. c 174 § 2; 1977 ex.s. c 341 § 4. Formerly RCW 28A.97.040.] 28A.205.040 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Intent—1999 c 348: See note following RCW 28A.205.010. Seve ra bi li ty—1 979 e x.s. c 174 : Se e no te fo llo wing R CW 28A.205.020. Seve ra bi li ty—1 977 e x.s. c 341 : Se e no te fo llo wing R CW 28A.205.010. 28A.205.050 Rules. In accordance with chapter 34.05 RCW, the administrative procedure act, the Washington professional educator standards board with respect to the matter of certification, and the superintendent of public instruction with respect to all other matters, shall have the power and duty to make the necessary rules to carry out the purpose and intent of this chapter. [2005 c 497 § 215; 1995 c 335 § 201; 1993 c 211 § 4; 1990 c 33 § 184; 1977 ex.s. c 341 § 5. Formerly RCW 28A.97.050.] 28A.205.050 (2008 Ed.) Seve ra bili ty— 1977 e x.s. c 341 : Se e no te fo llo wing R CW 28A.205.010. 28A.205.070 Allocation of funds—Criteria—Duties of superintendent. In allocating funds appropriated for education centers, the superintendent of public instruction shall: (1) Place priority upon stability and adequacy of funding for education centers that have demonstrated superior performance as defined in RCW 28A.205.040(2). (2) Initiate and maintain a competitive review process to select new or expanded center programs in unserved or underserved areas. The criteria for review of competitive proposals for new or expanded education center services shall include but not be limited to: (a) The proposing organization shall have obtained certification from the superintendent of public instruction as provided in RCW 28A.205.010; (b) The cost-effectiveness of the proposal; and (c) The availability of committed nonstate funds to support, enrich, or otherwise enhance the basic program. (3) In selecting areas for new or expanded education center programs, the superintendent of public instruction shall consider factors including but not limited to: (a) The proportion and total number of dropouts unserved by existing center programs, if any; (b) The availability within the geographic area of programs other than education centers which address the basic educational needs of dropouts; and (c) Waiting lists or other evidence of demand for expanded education center programs. (4) In the event of any curtailment of services resulting from lowered legislative appropriations, the superintendent of public instruction shall issue pro rata reductions to all centers funded at the time of the lowered appropriation. Individual centers may be exempted from such pro rata reductions if the superintendent finds that such reductions would impair the center’s ability to operate at minimally acceptable levels of service. In the event of such exceptions, the superintendent shall determine an appropriate rate for reduction to permit the center to continue operation. (5) In the event that an additional center or centers become certified and apply to the superintendent for funds to be allocated from a legislative appropriation which does not increase from the immediately preceding biennium, or does not increase sufficiently to allow such additional center or centers to operate at minimally acceptable levels of service without reducing the funds available to previously funded centers, the superintendent shall not provide funding for such additional center or centers from such appropriation. [2006 c 263 § 409; 1993 c 211 § 6; 1990 c 33 § 185; 1985 c 434 § 3. Formerly RCW 28A.97.120.] 28A.205.070 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Intent—1985 c 434: "It is the intent of this act to provide for an equitable distribution of funds appropriated for educational clinics, to stabilize existing programs, and to provide a system for orderly expansion or retrenchment in the event of future increases or reductions in program appropriations." [1985 c 434 § 1.] [Title 28A RCW—page 43] 28A.205.080 Title 28A RCW: Common School Provisions 28A.205.080 Legislative findings—Distribution of funds—Cooperation with school districts. The legislature recognizes that education centers provide a necessary and effective service for students who have dropped out of common school programs. Education centers have demonstrated success in preparing such youth for productive roles in society and are an integral part of the state’s program to address the needs of students who have dropped out of school. The superintendent of public instruction shall distribute funds, consistent with legislative appropriations, allocated specifically for education centers in accord with chapter 28A.205 RCW. The legislature encourages school districts to explore cooperation with education centers pursuant to RCW 28A.150.305. [1997 c 265 § 8; 1993 c 211 § 7; 1990 c 33 § 186; 1987 c 518 § 220. Formerly RCW 28A.97.125.] 28A.205.080 Severability—1997 c 265: See note following RCW 13.40.160. Intent—1994 c 166; 1987 c 518: See note following RCW 43.215.425. Severability—1987 c 518: See note following RCW 43.215.425. 28A.205.090 Inclusion of education centers program in biennial budget request—Quarterly plans—Funds— Payment. The superintendent shall include the education centers program in the biennial budget request. Contracts between the superintendent of public instruction and the education centers shall include quarterly plans which provide for relatively stable student enrollment but take into consideration anticipated seasonal variations in enrollment in the individual centers. Funds which are not expended by a center during the quarter for which they were planned may be carried forward to subsequent quarters of the fiscal year. The superintendent shall make payments to the centers on a monthly basis pursuant to RCW 28A.205.040. [1993 c 211 § 8; 1990 c 33 § 187; 1985 c 434 § 4. Formerly RCW 28A.97.130.] 28A.205.090 28A.210.160 Immunization program—Rules. 28A.210.170 Immunization program—Department of social and health services’ rules, contents. 28A.210.180 Screening program for scoliosis—Purpose. 28A.210.190 Screening program for scoliosis—Definitions. 28A.210.200 Screening program for scoliosis—Examination of children— Personnel making examinations, training for. 28A.210.210 Screening program for scoliosis—Records—Parents or guardians notification, contents. 28A.210.220 Screening program for scoliosis—Distribution of rules, records and forms. 28A.210.240 Screening program for scoliosis—Pupils exempt, when. 28A.210.250 Screening program for scoliosis—Sanctions against school officials failing to comply. 28A.210.255 Provision of health services in public and private schools— Employee job description. 28A.210.260 Public and private schools—Administration of oral medication by—Conditions. 28A.210.270 Public and private schools—Administration of oral medication by—Immunity from liability—Discontinuance, procedure. 28A.210.280 Catheterization of public and private school students. 28A.210.290 Catheterization of public and private school students— Immunity from liability. 28A.210.300 School physician or school nurse may be employed. 28A.210.310 Prohibition on use of tobacco products on school property. 28A.210.320 Children with life-threatening health conditions—Medication or treatment orders—Rules. 28A.210.330 Students with diabetes—Individual health plans—Designation of professional to consult and coordinate with parents and health care provider—Training and supervision of school district personnel. 28A.210.340 Students with diabetes—Adoption of policy for inservice training for school staff. 28A.210.350 Students with diabetes—Compliance with individual health plan—Immunity. 28A.210.360 Model policy on access to nutritious foods and developmentally appropriate exercise—School district policies. 28A.210.365 Food choice, physical activity, childhood fitness—Minimum standards—District waiver or exemption policy. 28A.210.370 Students with asthma. 28A.210.375 Student health insurance information—Pilot project— Reports. 28A.210.380 Anaphylaxis—Policy guidelines—Procedures—Reports. State board of health: Chapter 43.20 RCW. 28A.210.010 Contagious diseases, limiting contact— Rules and regulations. The state board of health, after consultation with the superintendent of public instruction, shall adopt reasonable rules and regulations regarding the presence of persons on or about any school premises who have, or who have been exposed to, contagious diseases deemed by the state board of health as dangerous to the public health. Such rules and regulations shall specify reasonable and precautionary procedures as to such presence and/or readmission of such persons and may include the requirement for a certificate from a licensed physician that there is no danger of contagion. The superintendent of public instruction shall print and distribute the rules and regulations of the state board of health above provided to appropriate school officials and personnel. [1971 c 32 § 1; 1969 ex.s. c 223 § 28A.31.010. Prior: 1909 c 97 p 262 § 5; RRS § 4689; prior: 1897 c 118 § 68; 1890 p 372 § 47. Formerly RCW 28A.31.010, 28.31.010.] 28A.210.010 Intent—1985 c 434: See note following RCW 28A.205.070. Chapter 28A.210 RCW HEALTH—SCREENING AND REQUIREMENTS Chapter 28A.210 Sections 28A.210.010 Contagious diseases, limiting contact—Rules and regulations. 28A.210.020 Visual and auditory screening of pupils—Rules and regulations. 28A.210.030 Visual and auditory screening of pupils—Record of screening—Forwarding of records, recommendations and data. 28A.210.040 Visual and auditory screening of pupils—Rules and regulations, forms used in screenings, distribution. 28A.210.060 Immunization program—Purpose. 28A.210.070 Immunization program—Definitions. 28A.210.080 Immunization program—Attendance of child conditioned upon presentation of alternative proofs—Information regarding meningococcal disease—Information regarding human papillomavirus disease. 28A.210.090 Immunization program—Exemptions from on presentation of alternative certifications. 28A.210.100 Immunization program—Source of immunizations—Written records. 28A.210.110 Immunization program—Administrator’s duties upon receipt of proof of immunization or certification of exemption. 28A.210.120 Immunization program—Prohibiting child’s presence— Notice to parent, guardian, or adult in loco parentis. 28A.210.130 Immunization program—Superintendent of public instruction to provide information. 28A.210.140 Immunization program—State board of health rules, contents. 28A.210.150 Immunization program—Superintendent of public instruction by rule to adopt procedures for verifying records. [Title 28A RCW—page 44] 28A.210.020 Visual and auditory screening of pupils—Rules and regulations. Every board of school directors shall have the power, and it shall be its duty to provide for and require screening for the visual and auditory acuity of all children attending schools in their districts to ascertain which if any of such children have defects sufficient to retard them in their studies. Auditory and visual screening shall be made in accordance with procedures and standards adopted by rule or regulation of the state board of health. 28A.210.020 (2008 Ed.) Health—Screening and Requirements Prior to the adoption or revision of such rules or regulations the state board of health shall seek the recommendations of the superintendent of public instruction regarding the administration of visual and auditory screening and the qualifications of persons competent to administer such screening. [1971 c 32 § 2; 1969 ex.s. c 223 § 28A.31.030. Prior: 1941 c 202 § 1; Rem. Supp. 1941 § 4689-1. Formerly RCW 28A.31.030, 28.31.030.] 28A.210.030 Visual and auditory screening of pupils—Record of screening—Forwarding of records, recommendations and data. The person or persons completing the screening prescribed in RCW 28A.210.020 shall promptly prepare a record of the screening of each child found to have, or suspected of having, reduced visual and/or auditory acuity in need of attention, including the special education services provided by RCW 28A.155.010 through 28A.155.100, and send copies of such records and recommendations to the parents or guardians of such children and shall deliver the original records to the appropriate school official who shall preserve such records and forward to the superintendent of public instruction and the secretary of health visual and auditory data as requested by such officials. [1991 c 3 § 289; 1990 c 33 § 188; 1971 c 32 § 3; 1969 ex.s. c 223 § 28A.31.040. Prior: 1941 c 202 § 2; Rem. Supp. 1941 § 4689-2. Formerly RCW 28A.31.040, 28.31.040.] 28A.210.030 28A.210.040 Visual and auditory screening of pupils—Rules and regulations, forms used in screenings, distribution. The superintendent of public instruction shall print and distribute to appropriate school officials the rules and regulations adopted by the state board of health pursuant to RCW 28A.210.020 and the recommended records and forms to be used in making and reporting such screenings. [1990 c 33 § 189; 1973 c 46 § 1. Prior: 1971 c 48 § 12; 1971 c 32 § 4; 1969 ex.s. c 223 § 28A.31.050; prior: 1941 c 202 § 3; RRS § 4689-3. Formerly RCW 28A.31.050, 28.31.050.] 28A.210.040 Severability—1973 c 46: "If any provision of this 1973 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1973 c 46 § 5.] Severability—1971 c 48: See note following RCW 28A.310.250. 28A.210.060 Immunization program—Purpose. In enacting RCW 28A.210.060 through 28A.210.170, it is the judgment of the legislature that it is necessary to protect the health of the public and individuals by providing a means for the eventual achievement of full immunization of school-age children against certain vaccine-preventable diseases. [1990 c 33 § 190; 1984 c 40 § 3; 1979 ex.s. c 118 § 1. Formerly RCW 28A.31.100.] 28A.210.080 28A.210.070 Immunization program—Definitions. As used in RCW 28A.210.060 through 28A.210.170: (1) "Chief administrator" shall mean the person with the authority and responsibility for the immediate supervision of the operation of a school or day care center as defined in this section or, in the alternative, such other person as may hereafter be designated in writing for the purposes of RCW 28A.210.060 through 28A.210.170 by the statutory or corporate board of directors of the school district, school, or day care center or, if none, such other persons or person with the authority and responsibility for the general supervision of the operation of the school district, school or day care center. (2) "Full immunization" shall mean immunization against certain vaccine-preventable diseases in accordance with schedules and with immunizing agents approved by the state board of health. (3) "Local health department" shall mean the city, town, county, district or combined city-county health department, board of health, or health officer which provides public health services. (4) "School" shall mean and include each building, facility, and location at or within which any or all portions of a preschool, kindergarten and grades one through twelve program of education and related activities are conducted for two or more children by or in behalf of any public school district and by or in behalf of any private school or private institution subject to approval by the state board of education pursuant to RCW 28A.305.130, 28A.195.010 through 28A.195.050, and 28A.410.120. (5) "Day care center" shall mean an agency which regularly provides care for a group of thirteen or more children for periods of less than twenty-four hours and is licensed pursuant to chapter 74.15 RCW. (6) "Child" shall mean any person, regardless of age, in attendance at a public or private school or a licensed day care center. [2006 c 263 § 908; 1990 c 33 § 191; 1985 c 49 § 2; 1984 c 40 § 4; 1979 ex.s. c 118 § 2. Formerly RCW 28A.31.102.] 28A.210.070 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Severability—1984 c 40: See note following RCW 28A.195.050. Effective date—Severability—1979 ex.s. c 118: See notes following RCW 28A.210.060. 28A.210.060 Severability—1984 c 40: See note following RCW 28A.195.050. Effective date—1979 ex.s. c 118: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on September 1, 1979." [1979 ex.s. c 118 § 13.] Severability—1979 ex.s. c 118: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 118 § 16.] Immunization plan: RCW 43.70.525. (2008 Ed.) 28A.210.080 Immunization program—Attendance of child conditioned upon presentation of alternative proofs—Information regarding meningococcal disease— Information regarding human papillomavirus disease. (1) The attendance of every child at every public and private school in the state and licensed day care center shall be conditioned upon the presentation before or on each child’s first day of attendance at a particular school or center, of proof of either (a) full immunization, (b) the initiation of and compliance with a schedule of immunization, as required by rules of the state board of health, or (c) a certificate of exemption as provided for in RCW 28A.210.090. The attendance at the school or the day care center during any subsequent school year of a child who has initiated a schedule of immunization shall be conditioned upon the presentation of proof of compliance with the schedule on the child’s first day of attendance during the subsequent school year. Once proof of full 28A.210.080 [Title 28A RCW—page 45] 28A.210.090 Title 28A RCW: Common School Provisions immunization or proof of completion of an approved schedule has been presented, no further proof shall be required as a condition to attendance at the particular school or center. (2)(a) Beginning with sixth grade entry, every public and private school in the state shall provide parents and guardians with information about meningococcal disease and its vaccine at the beginning of every school year. The information about meningococcal disease shall include: (i) Its causes and symptoms, how meningococcal disease is spread, and the places where parents and guardians may obtain additional information and vaccinations for their children; and (ii) Current recommendations from the United States centers for disease control and prevention regarding the receipt of vaccines for meningococcal disease and where the vaccination can be received. (b) This subsection shall not be construed to require the department of health or the school to provide meningococcal vaccination to students. (c) The department of health shall prepare the informational materials and shall consult with the office of superintendent of public instruction. (d) This subsection does not create a private right of action. (3)(a) Beginning with sixth grade entry, every public school in the state shall provide parents and guardians with information about human papillomavirus disease and its vaccine at the beginning of every school year. The information about human papillomavirus disease shall include: (i) Its causes and symptoms, how human papillomavirus disease is spread, and the places where parents and guardians may obtain additional information and vaccinations for their children; and (ii) Current recommendations from the United States centers for disease control and prevention regarding the receipt of vaccines for human papillomavirus disease and where the vaccination can be received. (b) This subsection shall not be construed to require the department of health or the school to provide human papillomavirus vaccination to students. (c) The department of health shall prepare the informational materials and shall consult with the office of the superintendent of public instruction. (d) This subsection does not create a private right of action. (4) Private schools are required by state law to notify parents that information on the human papillomavirus disease prepared by the department of health is available. [2007 c 276 § 1; 2005 c 404 § 1; 1990 c 33 § 192; 1985 c 49 § 1; 1979 ex.s. c 118 § 3. Formerly RCW 28A.31.104.] Effective date—Severability—1979 ex.s. c 118: See notes following RCW 28A.210.060. 28A.210.090 Immunization program—Exemptions from on presentation of alternative certifications. Any child shall be exempt in whole or in part from the immunization measures required by RCW 28A.210.060 through 28A.210.170 upon the presentation of any one or more of the following, on a form prescribed by the department of health: (1) A written certification signed by any physician licensed to practice medicine pursuant to chapter 18.71 or 28A.210.090 [Title 28A RCW—page 46] 18.57 RCW that a particular vaccine required by rule of the state board of health is, in his or her judgment, not advisable for the child: PROVIDED, That when it is determined that this particular vaccine is no longer contraindicated, the child will be required to have the vaccine; (2) A written certification signed by any parent or legal guardian of the child or any adult in loco parentis to the child that the religious beliefs of the signator are contrary to the required immunization measures; and (3) A written certification signed by any parent or legal guardian of the child or any adult in loco parentis to the child that the signator has either a philosophical or personal objection to the immunization of the child. [1991 c 3 § 290; 1990 c 33 § 193; 1984 c 40 § 5; 1979 ex.s. c 118 § 4. Formerly RCW 28A.31.106.] Severability—1984 c 40: See note following RCW 28A.195.050. Effective date—Severability—1979 ex.s. c 118: See notes following RCW 28A.210.060. 28A.210.100 Immunization program—Source of immunizations—Written records. The immunizations required by RCW 28A.210.060 through 28A.210.170 may be obtained from any private or public source desired: PROVIDED, That the immunization is administered and records are made in accordance with the regulations of the state board of health. Any person or organization administering immunizations shall furnish each person immunized, or his or her parent or legal guardian, or any adult in loco parentis to the child, with a written record of immunization given in a form prescribed by the state board of health. [1990 c 33 § 194; 1984 c 40 § 7; 1979 ex.s. c 118 § 6. Formerly RCW 28A.31.110.] 28A.210.100 Severability—1984 c 40: See note following RCW 28A.195.050. Effective date—Severability—1979 ex.s. c 118: See notes following RCW 28A.210.060. 28A.210.110 Immunization program—Administrator’s duties upon receipt of proof of immunization or certification of exemption. A child’s proof of immunization or certification of exemption shall be presented to the chief administrator of the public or private school or day care center or to his or her designee for that purpose. The chief administrator shall: (1) Retain such records pertaining to each child at the school or day care center for at least the period the child is enrolled in the school or attends such center; (2) Retain a record at the school or day care center of the name, address, and date of exclusion of each child excluded from school or the center pursuant to RCW 28A.210.120 for not less than three years following the date of a child’s exclusion; (3) File a written annual report with the department of health on the immunization status of students or children attending the day care center at a time and on forms prescribed by the department of health; and (4) Allow agents of state and local health departments access to the records retained in accordance with this section during business hours for the purposes of inspection and copying. [1991 c 3 § 291; 1990 c 33 § 195; 1979 ex.s. c 118 § 7. Formerly RCW 28A.31.112.] 28A.210.110 (2008 Ed.) Health—Screening and Requirements 28A.210.190 Effective date—Severability—1979 ex.s. c 118: See notes following RCW 28A.210.060. Effective date—Severability—1979 ex.s. c 118: See notes following RCW 28A.210.060. 28A.210.120 Immunization program—Prohibiting child’s presence—Notice to parent, guardian, or adult in loco parentis. It shall be the duty of the chief administrator of every public and private school and day care center to prohibit the further presence at the school or day care center for any and all purposes of each child for whom proof of immunization, certification of exemption, or proof of compliance with an approved schedule of immunization has not been provided in accordance with RCW 28A.210.080 and to continue to prohibit the child’s presence until such proof of immunization, certification of exemption, or approved schedule has been provided. The exclusion of a child from a school shall be accomplished in accordance with rules of the office of the superintendent, in consultation with the state board of health. The exclusion of a child from a day care center shall be accomplished in accordance with rules of the department of social and health services. Prior to the exclusion of a child, each school or day care center shall provide written notice to the parent(s) or legal guardian(s) of each child or to the adult(s) in loco parentis to each child, who is not in compliance with the requirements of RCW 28A.210.080. The notice shall fully inform such person(s) of the following: (1) The requirements established by and pursuant to RCW 28A.210.060 through 28A.210.170; (2) the fact that the child will be prohibited from further attendance at the school unless RCW 28A.210.080 is complied with; (3) such procedural due process rights as are hereafter established pursuant to RCW 28A.210.160 and/or 28A.210.170, as appropriate; and (4) the immunization services that are available from or through the local health department and other public agencies. [2006 c 263 § 909; 1990 c 33 § 196; 1985 c 49 § 3; 1984 c 40 § 8; 1979 ex.s. c 118 § 8. Formerly RCW 28A.31.114.] 28A.210.150 Immunization program—Superintendent of public instruction by rule to adopt procedures for verifying records. The superintendent of public instruction by rule shall provide procedures for schools to quickly verify the immunization records of students transferring from one school to another before the immunization records are received. [1985 c 49 § 5. Formerly RCW 28A.31.117.] 28A.210.120 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Severability—1984 c 40: See note following RCW 28A.195.050. Effective date—Severability—1979 ex.s. c 118: See notes following RCW 28A.210.060. 28A.210.130 Immunization program—Superintendent of public instruction to provide information. The superintendent of public instruction shall provide for information about the immunization program and requirements under RCW 28A.210.060 through 28A.210.170 to be widely available throughout the state in order to promote full use of the program. [1990 c 33 § 197; 1985 c 49 § 4. Formerly RCW 28A.31.115.] 28A.210.130 28A.210.140 Immunization program—State board of health rules, contents. The state board of health shall adopt and is hereby empowered to adopt rules pursuant to chapter 34.05 RCW which establish the procedural and substantive requirements for full immunization and the form and substance of the proof thereof, to be required pursuant to RCW 28A.210.060 through 28A.210.170. [1990 c 33 § 198; 1984 c 40 § 9; 1979 ex.s. c 118 § 9. Formerly RCW 28A.31.116.] 28A.210.140 Severability—1984 c 40: See note following RCW 28A.195.050. (2008 Ed.) 28A.210.150 28A.210.160 Immunization program—Rules. The superintendent of public instruction with regard to public schools and the state board of education with regard to private schools, in consultation with the state board of health, shall each adopt rules pursuant to chapter 34.05 RCW that establish the procedural and substantive due process requirements governing the exclusion of children from schools pursuant to RCW 28A.210.120. [2006 c 263 § 910; 1990 c 33 § 199; 1979 ex.s. c 118 § 10. Formerly RCW 28A.31.118.] 28A.210.160 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Effective date—Severability—1979 ex.s. c 118: See notes following RCW 28A.210.060. 28A.210.170 Immunization program—Department of social and health services’ rules, contents. The department of social and health services shall and is hereby empowered to adopt rules pursuant to chapter 34.05 RCW which establish the procedural and substantive due process requirements governing the exclusion of children from day care centers pursuant to RCW 28A.210.120. [1990 c 33 § 200; 1979 ex.s. c 118 § 11. Formerly RCW 28A.31.120.] 28A.210.170 Effective date—Severability—1979 ex.s. c 118: See notes following RCW 28A.210.060. 28A.210.180 Screening program for scoliosis—Purpose. The legislature recognizes that the condition known as scoliosis, a lateral curvature of the spine commonly appearing in adolescents, can develop into a permanent, crippling disability if left untreated. Early diagnosis and referral can often result in the successful treatment of this condition and greatly reduce the need for major surgery. Therefore, the purpose of RCW 28A.210.180 through 28A.210.250 is to recognize that a school screening program is an invaluable tool for detecting the number of adolescents with scoliosis. It is the intent of the legislature to insure that the superintendent of public instruction provide and require screening of children for the condition known as scoliosis, to ascertain which, if any, of these children have defects requiring corrective treatment. [1991 c 86 § 1; 1990 c 33 § 201; 1985 c 216 § 1; 1979 c 47 § 1. Formerly RCW 28A.31.130.] 28A.210.180 Severability—1979 c 47: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 c 47 § 8.] 28A.210.190 Screening program for scoliosis—Definitions. As used in RCW 28A.210.180 through 28A.210.250, the following terms have the meanings indicated. 28A.210.190 [Title 28A RCW—page 47] 28A.210.200 Title 28A RCW: Common School Provisions (1) "Superintendent" means the superintendent of public instruction of public schools in the state, or the superintendent’s designee. (2) "Pupil" means a student enrolled in the public school system in the state. (3) "Scoliosis" includes idiopathic scoliosis and kyphosis. (4) "Screening" means an examination to be performed for the purpose of detecting the condition known as scoliosis. (5) "Public schools" means the common schools referred to in Article IX of the state Constitution and those schools and institutions of learning having a curriculum below the college or university level as now or may be established by law and maintained at public expense. [1991 c 86 § 2; 1990 c 33 § 202; 1985 c 216 § 2; 1979 c 47 § 2. Formerly RCW 28A.31.132.] Severability—1979 c 47: See note following RCW 28A.210.180. 28A.210.200 Screening program for scoliosis— Examination of children—Personnel making examinations, training for. The superintendent shall provide for and require the examination of children attending public schools at least three times between grades four and eleven in accordance with procedures and standards adopted by rule of the state board of health in cooperation with the superintendent of public instruction and the department of health. The examination shall be made by a school physician, school nurse, qualified licensed health practitioner, or physical education instructor or by other school personnel. Proper training of the personnel in the screening process for scoliosis shall be provided by the superintendent. [1991 c 86 § 3; 1990 c 33 § 203; 1985 c 216 § 3; 1979 c 47 § 3. Formerly RCW 28A.31.134.] examination upon written request of his or her parent or guardian if the parent or guardian certifies that: (1) The screening conflicts with the philosophical or religious beliefs; or (2) The student is presently under the care of a health care provider for spinal curvature or a related medical condition. [1985 c 216 § 5; 1979 c 47 § 6. Formerly RCW 28A.31.140.] Severability—1979 c 47: See note following RCW 28A.210.180. 28A.210.250 Screening program for scoliosis—Sanctions against school officials failing to comply. The superintendent may establish appropriate sanctions to be applied to any school officials of the state failing to comply with RCW 28A.210.200 through 28A.210.240 which sanctions may include withholding of any portion of state aid to the district until such time as compliance is assured. [1990 c 33 § 207; 1979 c 47 § 7. Formerly RCW 28A.31.142.] 28A.210.250 28A.210.200 Severability—1979 c 47: See note following RCW 28A.210.180. 28A.210.210 Screening program for scoliosis— Records—Parents or guardians notification, contents. Every person performing the screening under RCW 28A.210.200 shall promptly prepare a record of the screening of each child found to have or suspected of having scoliosis and shall send copies of the records to the parents or guardians of the children. The notification shall include an explanation of scoliosis, the significance of treating it at an early stage, and the services generally available from a qualified licensed health practitioner for the treatment after diagnosis. [1990 c 33 § 204; 1985 c 216 § 4; 1979 c 47 § 4. Formerly RCW 28A.31.136.] 28A.210.210 Severability—1979 c 47: See note following RCW 28A.210.180. 28A.210.220 Screening program for scoliosis—Distribution of rules, records and forms. The superintendent shall print and distribute to appropriate school officials the rules adopted by the state board of health in cooperation with the superintendent of public instruction under RCW 28A.210.200 and the recommended records and forms to be used in making and reporting the screenings. [1990 c 33 § 205; 1979 c 47 § 5. Formerly RCW 28A.31.138.] 28A.210.220 Severability—1979 c 47: See note following RCW 28A.210.180. 28A.210.240 Screening program for scoliosis— Pupils exempt, when. Any pupil shall be exempt from the 28A.210.240 [Title 28A RCW—page 48] Severability—1979 c 47: See note following RCW 28A.210.180. 28A.210.255 Provision of health services in public and private schools—Employee job description. Any employee of a public school district or private school that performs health services, such as catheterization, must have a job description that lists all of the health services that the employee may be required to perform for students. [2003 c 172 § 2.] 28A.210.255 28A.210.260 Public and private schools—Administration of oral medication by—Conditions. Public school districts and private schools which conduct any of grades kindergarten through the twelfth grade may provide for the administration of oral medication of any nature to students who are in the custody of the school district or school at the time of administration, but are not required to do so by this section, subject to the following conditions: (1) The board of directors of the public school district or the governing board of the private school or, if none, the chief administrator of the private school shall adopt policies which address the designation of employees who may administer oral medications to students, the acquisition of parent requests and instructions, and the acquisition of requests from licensed health professionals prescribing within the scope of their prescriptive authority and instructions regarding students who require medication for more than fifteen consecutive school days, the identification of the medication to be administered, the means of safekeeping medications with special attention given to the safeguarding of legend drugs as defined in chapter 69.41 RCW, and the means of maintaining a record of the administration of such medication; (2) The board of directors shall seek advice from one or more licensed physicians or nurses in the course of developing the foregoing policies; (3) The public school district or private school is in receipt of a written, current and unexpired request from a parent, or a legal guardian, or other person having legal control over the student to administer the medication to the student; (4) The public school district or the private school is in receipt of (a) a written, current and unexpired request from a licensed health professional prescribing within the scope of 28A.210.260 (2008 Ed.) Health—Screening and Requirements his or her prescriptive authority for administration of the medication, as there exists a valid health reason which makes administration of such medication advisable during the hours when school is in session or the hours in which the student is under the supervision of school officials, and (b) written, current and unexpired instructions from such licensed health professional prescribing within the scope of his or her prescriptive authority regarding the administration of prescribed medication to students who require medication for more than fifteen consecutive work days; (5) The medication is administered by an employee designated by or pursuant to the policies adopted pursuant to subsection (1) of this section and in substantial compliance with the prescription of a licensed health professional prescribing within the scope of his or her prescriptive authority or the written instructions provided pursuant to subsection (4) of this section; (6) The medication is first examined by the employee administering the same to determine in his or her judgment that it appears to be in the original container and to be properly labeled; and (7) The board of directors shall designate a professional person licensed pursuant to chapter 18.71 RCW or chapter 18.79 RCW as it applies to registered nurses and advanced registered nurse practitioners, to train and supervise the designated school district personnel in proper medication procedures. [2000 c 63 § 1; 1994 sp.s. c 9 § 720; 1982 c 195 § 1. Formerly RCW 28A.31.150.] Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Severability—1982 c 195: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1982 c 195 § 4.] 28A.210.270 Public and private schools—Administration of oral medication by—Immunity from liability— Discontinuance, procedure. (1) In the event a school employee administers oral medication to a student pursuant to RCW 28A.210.260 in substantial compliance with the prescription of the student’s licensed health professional prescribing within the scope of the professional’s prescriptive authority or the written instructions provided pursuant to RCW 28A.210.260(4), and the other conditions set forth in RCW 28A.210.260 have been substantially complied with, then the employee, the employee’s school district or school of employment, and the members of the governing board and chief administrator thereof shall not be liable in any criminal action or for civil damages in their individual or marital or governmental or corporate or other capacities as a result of the administration of the medication. (2) The administration of oral medication to any student pursuant to RCW 28A.210.260 may be discontinued by a public school district or private school and the school district or school, its employees, its chief administrator, and members of its governing board shall not be liable in any criminal action or for civil damages in their governmental or corporate or individual or marital or other capacities as a result of the discontinuance of such administration: PROVIDED, That the chief administrator of the public school district or private school, or his or her designee, has first provided actual notice 28A.210.270 (2008 Ed.) 28A.210.290 orally or in writing in advance of the date of discontinuance to a parent or legal guardian of the student or other person having legal control over the student. [2000 c 63 § 2; 1990 c 33 § 208; 1982 c 195 § 2. Formerly RCW 28A.31.155.] Severability—1982 c 195: See note following RCW 28A.210.260. 28A.210.280 Catheterization of public and private school students. (1) Public school districts and private schools that offer classes for any of grades kindergarten through twelve must provide for clean, intermittent bladder catheterization of students, or assisted self-catheterization of students pursuant to RCW 18.79.290. The catheterization must be provided in substantial compliance with: (a) Rules adopted by the state nursing care quality assurance commission and the instructions of a registered nurse or advanced registered nurse practitioner issued under such rules; and (b) Written policies of the school district or private school which shall be adopted in order to implement this section and shall be developed in accordance with such requirements of chapters 41.56 and 41.59 RCW as may be applicable. (2) School district employees, except those licensed under chapter 18.79 RCW, who have not agreed in writing to perform clean, intermittent bladder catheterization as a specific part of their job description, may file a written letter of refusal to perform clean, intermittent bladder catheterization of students. This written letter of refusal may not serve as grounds for discharge, nonrenewal, or other action adversely affecting the employee’s contract status. (3) Any public school district or private school that provides clean, intermittent bladder catheterization shall document the provision of training given to employees who perform these services. These records shall be made available for review at any audit. [2003 c 172 § 1; 1994 sp.s. c 9 § 721; 1988 c 48 § 2. Formerly RCW 28A.31.160.] 28A.210.280 Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 28A.210.290 Catheterization of public and private school students—Immunity from liability. (1) In the event a school employee provides for the catheterization of a student pursuant to RCW 18.79.290 and 28A.210.280 in substantial compliance with (a) rules adopted by the state nursing care quality assurance commission and the instructions of a registered nurse or advanced registered nurse practitioner issued under such rules, and (b) written policies of the school district or private school, then the employee, the employee’s school district or school of employment, and the members of the governing board and chief administrator thereof shall not be liable in any criminal action or for civil damages in their individual, marital, governmental, corporate, or other capacity as a result of providing for the catheterization. (2) Providing for the catheterization of any student pursuant to RCW 18.79.290 and 28A.210.280 may be discontinued by a public school district or private school and the school district or school, its employees, its chief administrator, and members of its governing board shall not be liable in any criminal action or for civil damages in their individual, marital, governmental, corporate, or other capacity as a result of the discontinuance: PROVIDED, That the chief adminis28A.210.290 [Title 28A RCW—page 49] 28A.210.300 Title 28A RCW: Common School Provisions trator of the public school district or private school, or his or her designee, has first provided actual notice orally or in writing in advance of the date of discontinuance to a parent or legal guardian of the student or other person having legal control over the student: PROVIDED FURTHER, That the public school district otherwise provides for the catheterization of the student to the extent required by federal or state law. [1994 sp.s. c 9 § 722; 1990 c 33 § 209; 1988 c 48 § 3. Formerly RCW 28A.31.165.] Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 28A.210.300 School physician or school nurse may be employed. The board of directors of any school district of the second class may employ a regularly licensed physician or a licensed public health nurse for the purpose of protecting the health of the children in said district. [1975 c 43 § 20; 1969 ex.s. c 223 § 28A.60.320. Prior: 1937 c 60 § 1; RRS § 4776-4. Formerly RCW 28A.60.320, 28.31.080.] 28A.210.300 Effective date—Severability—1975 c 43: See notes following RCW 28A.535.050. 28A.210.310 Prohibition on use of tobacco products on school property. (1) To protect children in the public schools of this state from exposure to the addictive substance of nicotine, each school district board of directors shall have a written policy mandating a prohibition on the use of all tobacco products on public school property. (2) The policy in subsection (1) of this section shall include, but not be limited to, a requirement that students and school personnel be notified of the prohibition, the posting of signs prohibiting the use of tobacco products, sanctions for students and school personnel who violate the policy, and a requirement that school district personnel enforce the prohibition. Enforcement policies adopted in the school board policy shall be in addition to the enforcement provisions in RCW 70.160.070. [1997 c 9 § 1; 1989 c 233 § 6. Formerly RCW 28A.31.170.] 28A.210.310 Effective date—1997 c 9: "This act takes effect August 1, 1997." [1997 c 9 § 2.] 28A.210.320 Children with life-threatening health conditions—Medication or treatment orders—Rules. (1) The attendance of every child at every public school in the state shall be conditioned upon the presentation before or on each child’s first day of attendance at a particular school of a medication or treatment order addressing any life-threatening health condition that the child has that may require medical services to be performed at the school. Once such an order has been presented, the child shall be allowed to attend school. (2) The chief administrator of every public school shall prohibit the further presence at the school for any and all purposes of each child for whom a medication or treatment order has not been provided in accordance with this section if the child has a life-threatening health condition that may require medical services to be performed at the school and shall continue to prohibit the child’s presence until such order has been provided. The exclusion of a child from a school shall be accomplished in accordance with rules of the state board of education. Before excluding a child, each school shall pro28A.210.320 [Title 28A RCW—page 50] vide written notice to the parents or legal guardians of each child or to the adults in loco parentis to each child, who is not in compliance with the requirements of this section. The notice shall include, but not be limited to, the following: (a) The requirements established by this section; (b) the fact that the child will be prohibited from further attendance at the school unless this section is complied with; and (c) such procedural due process rights as are established pursuant to this section. (3) The superintendent of public instruction in consultation with the state board of health shall adopt rules under chapter 34.05 RCW that establish the procedural and substantive due process requirements governing the exclusion of children from public schools under this section. The rules shall include any requirements under applicable federal laws. (4) As used in this section, "life-threatening condition" means a health condition that will put the child in danger of death during the school day if a medication or treatment order and a nursing plan are not in place. (5) As used in this section, "medication or treatment order" means the authority a registered nurse obtains under RCW 18.79.260(2). [2006 c 263 § 911; 2002 c 101 § 1.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.210.330 Students with diabetes—Individual health plans—Designation of professional to consult and coordinate with parents and health care provider— Training and supervision of school district personnel. (1) School districts shall provide individual health plans for students with diabetes, subject to the following conditions: (a) The board of directors of the school district shall adopt policies to be followed for students with diabetes. The policies shall include, but need not be limited to: (i) The acquisition of parent requests and instructions; (ii) The acquisition of orders from licensed health professionals prescribing within the scope of their prescriptive authority for monitoring and treatment at school; (iii) The provision for storage of medical equipment and medication provided by the parent; (iv) The provision for students to perform blood glucose tests, administer insulin, treat hypoglycemia and hyperglycemia, and have easy access to necessary supplies and equipment to perform monitoring and treatment functions as specified in the individual health plan. The policies shall include the option for students to carry on their persons the necessary supplies and equipment and the option to perform monitoring and treatment functions anywhere on school grounds including the students’ classrooms, and at school-sponsored events; (v) The establishment of school policy exceptions necessary to accommodate the students’ needs to eat whenever and wherever necessary, have easy, unrestricted access to water and bathroom use, have provisions made for parties at school when food is served, eat meals and snacks on time, and other necessary exceptions as described in the individual health plan; (vi) The assurance that school meals are never withheld because of nonpayment of fees or disciplinary action; (vii) A description of the students’ school day schedules for timing of meals, snacks, blood sugar testing, insulin injections, and related activities; 28A.210.330 (2008 Ed.) Health—Screening and Requirements (viii) The development of individual emergency plans; (ix) The distribution of the individual health plan to appropriate staff based on the students’ needs and staff level of contact with the students; (x) The possession of legal documents for parent-designated adults to provide care, if needed; and (xi) The updating of the individual health plan at least annually or more frequently, as needed; and (b) The board of directors, in the course of developing the policies in (a) of this subsection, shall seek advice from one or more licensed physicians or nurses or diabetes educators who are nationally certified. (2)(a) For the purposes of this section, "parent-designated adult" means a volunteer, who may be a school district employee, who receives additional training from a health care professional or expert in diabetic care selected by the parents, and who provides care for the child consistent with the individual health plan. (b) To be eligible to be a parent-designated adult, a school district employee not licensed under chapter 18.79 RCW shall file, without coercion by the employer, a voluntary written, current, and unexpired letter of intent stating the employee’s willingness to be a parent-designated adult. If a school employee who is not licensed under chapter 18.79 RCW chooses not to file a letter under this section, the employee shall not be subject to any employer reprisal or disciplinary action for refusing to file a letter. (3) The board of directors shall designate a professional person licensed under chapter 18.71, 18.57, or 18.79 RCW as it applies to registered nurses and advanced registered nurse practitioners, to consult and coordinate with the student’s parents and health care provider, and train and supervise the appropriate school district personnel in proper procedures for care for students with diabetes to ensure a safe, therapeutic learning environment. Training may also be provided by a diabetes educator who is nationally certified. Parent-designated adults who are school employees are required to receive the training provided under this subsection. Parentdesignated adults who are not school employees shall show evidence of comparable training. The parent-designated adult must also receive additional training as established in subsection (2)(a) of this section for the additional care the parents have authorized the parent-designated adult to provide. The professional person designated under this subsection is not responsible for the supervision of the parent-designated adult for those procedures that are authorized by the parents. [2002 c 350 § 2.] Findings—2002 c 350: "The legislature finds that diabetes imposes significant health risks to students enrolled in the state’s public schools and that providing for the medical needs of students with diabetes is crucial to ensure both the safety of students with diabetes and their ability to obtain the education guaranteed to all citizens of the state. The legislature also finds that children with diabetes can and should be provided with a safe learning environment and access to all other nonacademic school-sponsored activities. The legislature further finds that an individual health plan for each child with diabetes should be in place in the student’s school and should include provisions for a parental signed release form, medical equipment and storage capacity, and exceptions from school policies, school schedule, meals and eating, disaster preparedness, inservice training for staff, legal documents for parent-designated adults who may provide care, as needed, and personnel guidelines describing who may assume responsibility for activities contained in the student’s individual health plan." [2002 c 350 § 1.] Effective date—2002 c 350: "This act takes effect July 1, 2002." [2002 c 350 § 5.] (2008 Ed.) 28A.210.360 28A.210.340 Students with diabetes—Adoption of policy for inservice training for school staff. The superintendent of public instruction and the secretary of the department of health shall develop a uniform policy for all school districts providing for the inservice training for school staff on symptoms, treatment, and monitoring of students with diabetes and on the additional observations that may be needed in different situations that may arise during the school day and during school-sponsored events. The policy shall include the standards and skills that must be in place for inservice training of school staff. [2002 c 350 § 3.] 28A.210.340 Findings—Effective date—2002 c 350: See notes following RCW 28A.210.330. 28A.210.350 Students with diabetes—Compliance with individual health plan—Immunity. A school district, school district employee, agent, or parent-designated adult who, acting in good faith and in substantial compliance with the student’s individual health plan and the instructions of the student’s licensed health care professional, provides assistance or services under RCW 28A.210.330 shall not be liable in any criminal action or for civil damages in his or her individual or marital or governmental or corporate or other capacities as a result of the services provided under RCW 28A.210.330 to students with diabetes. [2002 c 350 § 4.] 28A.210.350 Findings—Effective date—2002 c 350: See notes following RCW 28A.210.330. 28A.210.360 Model policy on access to nutritious foods and developmentally appropriate exercise—School district policies. (1) Consistent with the essential academic learning requirements for health and fitness, including nutrition, the Washington state school directors association, with the assistance of the office of the superintendent of public instruction, the department of health, and the Washington alliance for health, physical education, recreation and dance, shall convene an advisory committee to develop a model policy regarding access to nutritious foods, opportunities for developmentally appropriate exercise, and accurate information related to these topics. The policy shall address the nutritional content of foods and beverages, including fluoridated bottled water, sold or provided throughout the school day or sold in competition with the federal school breakfast and lunch program and the availability and quality of health, nutrition, and physical education and fitness curriculum. The model policy should include the development of a physical education and fitness curriculum for students. For middle school students, physical education and fitness curriculum means a daily period of physical activity, a minimum of twenty minutes of which is aerobic activity in the student’s target heart rate zone, which includes instruction and practice in basic movement and fine motor skills, progressive physical fitness, athletic conditioning, and nutrition and wellness instruction through age-appropriate activities. (2) The school directors association shall submit the model policy and recommendations on the related issues, along with a recommendation for local adoption, to the governor and the legislature and shall post the model policy on its web site by January 1, 2005. (3) Each district’s board of directors shall establish its own policy by August 1, 2005. [2004 c 138 § 2.] 28A.210.360 [Title 28A RCW—page 51] 28A.210.365 Title 28A RCW: Common School Provisions Findings—2004 c 138: "(1) The legislature finds: (a) Childhood obesity has reached epidemic levels in Washington and throughout the nation. Nearly one in five Washington adolescents in grades nine through twelve were recently found to be either overweight or at risk of being overweight; (b) Overweight and obese children are at higher risk for developing severe long-term health problems, including but not limited to Type 2 diabetes, cardiovascular disease, high blood pressure, and certain cancers; (c) Overweight youth also are often affected by discrimination, psychological stress, and low self-esteem; (d) Obesity and subsequent diseases are largely preventable through diet and regular physical activity; (e) A child who has eaten a well-balanced meal and is healthy is more likely to be prepared to learn in the classroom; (f) Encouraging adolescents to adopt healthy lifelong eating habits can increase their productivity and reduce their risk of dying prematurely; (g) Frequent eating of carbohydrate-rich foods or drinking sweet liquids throughout the day increases a child’s risk for dental decay, the most common chronic childhood disease; (h) Schools are a logical place to address the issue of obesity in children and adolescents; and ( i) Increased emphasis on physical activity at all grade levels is essential to enhancing the well-being of Washington’s youth. (2) While the United States department of agriculture regulates the nutritional content of meals sold in schools under its school breakfast and lunch program, limited standards are in place to regulate "competitive foods," which may be high in added sugars, sodium, and saturated fat content. However, the United States department of agriculture does call for states and local entities to add restrictions on competitive foods, as necessary." [2004 c 138 § 1.] 28A.210.365 Food choice, physical activity, childhood fitness—Minimum standards—District waiver or exemption policy. It is the goal of Washington state to ensure that: (1) By 2010, all K-12 districts have school health advisory committees that advise school administration and school board members on policies, environmental changes, and programs needed to support healthy food choice and physical activity and childhood fitness. Districts shall include school nurses or other school personnel as advisory committee members. (2) By 2010, only healthy food and beverages provided by schools during school hours or for school-sponsored activities shall be available on school campuses. Minimum standards for available food and beverages, except food served as part of a United States department of agriculture meal program, are: (a) Not more than thirty-five percent of its total calories shall be from fat. This restriction does not apply to nuts, nut butters, seeds, eggs, fresh or dried fruits, vegetables that have not been deep-fried, legumes, reduced-fat cheese, part-skim cheese, nonfat dairy products, or low-fat dairy products; (b) Not more than ten percent of its total calories shall be from saturated fat. This restriction does not apply to eggs, reduced-fat cheese, part-skim cheese, nonfat dairy products, or low-fat dairy products; (c) Not more than thirty-five percent of its total weight or fifteen grams per food item shall be composed of sugar, including naturally occurring and added sugar. This restriction does not apply to the availability of fresh or dried fruits and vegetables that have not been deep-fried; and (d) The standards for food and beverages in this subsection do not apply to: (i) Low-fat and nonfat flavored milk with up to thirty grams of sugar per serving; (ii) Nonfat or low-fat rice or soy beverages; or 28A.210.365 [Title 28A RCW—page 52] (iii) One hundred percent fruit or vegetable juice. (3) By 2010, all students in grades one through eight should have at least one hundred fifty minutes of quality physical education every week. (4) By 2010, all student health and fitness instruction shall be conducted by appropriately certified instructors. (5) Beginning with the 2011-2012 school year, any district waiver or exemption policy from physical education requirements for high school students should be based upon meeting both health and fitness curricula concepts as well as alternative means of engaging in physical activity, but should acknowledge students’ interest in pursuing their academic interests. [2007 c 5 § 5.] 28A.210.370 Students with asthma. (1) The superintendent of public instruction and the secretary of the department of health shall develop a uniform policy for all school districts providing for the in-service training for school staff on symptoms, treatment, and monitoring of students with asthma and on the additional observations that may be needed in different situations that may arise during the school day and during school-sponsored events. The policy shall include the standards and skills that must be in place for inservice training of school staff. (2) All school districts shall adopt policies regarding asthma rescue procedures for each school within the district. (3) All school districts must require that each public elementary school and secondary school grant to any student in the school authorization for the self-administration of medication to treat that student’s asthma or anaphylaxis, if: (a) A health care practitioner prescribed the medication for use by the student during school hours and instructed the student in the correct and responsible use of the medication; (b) The student has demonstrated to the health care practitioner, or the practitioner’s designee, and a professional registered nurse at the school, the skill level necessary to use the medication and any device that is necessary to administer the medication as prescribed; (c) The health care practitioner formulates a written treatment plan for managing asthma or anaphylaxis episodes of the student and for medication use by the student during school hours; and (d) The student’s parent or guardian has completed and submitted to the school any written documentation required by the school, including the treatment plan formulated under (c) of this subsection and other documents related to liability. (4) An authorization granted under subsection (3) of this section must allow the student involved to possess and use his or her medication: (a) While in school; (b) While at a school-sponsored activity, such as a sporting event; and (c) In transit to or from school or school-sponsored activities. (5) An authorization granted under subsection (3) of this section: (a) Must be effective only for the same school and school year for which it is granted; and (b) Must be renewed by the parent or guardian each subsequent school year in accordance with this subsection. 28A.210.370 (2008 Ed.) Health—Screening and Requirements (6) School districts must require that backup medication, if provided by a student’s parent or guardian, be kept at a student’s school in a location to which the student has immediate access in the event of an asthma or anaphylaxis emergency. (7) School districts must require that information described in subsection (3)(c) and (d) of this section be kept on file at the student’s school in a location easily accessible in the event of an asthma or anaphylaxis emergency. (8) Nothing in this section creates a cause of action or in any other way increases or diminishes the liability of any person under any other law. [2005 c 462 § 2.] Findings—2005 c 462: "The legislature finds that: (1) Asthma is a dangerous disease that is growing in prevalence in Washington state. An estimated five hundred thousand residents of the state suffer from asthma. Since 1995, asthma has claimed more than five hundred lives, caused more than twenty-five thousand hospitalizations with costs of more than one hundred twelve million dollars, and resulted in seven million five hundred thousand missed school days. School nurses have identified over four thousand children with life-threatening asthma in the state’s schools. (2) While asthma is found among all populations, its prevalence disproportionately affects low-income and minority populations. Untreated asthma affects worker productivity and results in unnecessary absences from work. In many cases, asthma triggers present in substandard housing and poorly ventilated workplaces contribute directly to asthma. (3) Although research continues into the causes and cures for asthma, national consensus has been reached on treatment guidelines. People with asthma who are being treated in accordance with these guidelines are far more likely to control the disease than those who are not being treated and therefore are less likely to experience debilitating or life-threatening asthma episodes, less likely to be hospitalized, and less likely to need to curtail normal school or work activities. With treatment, most people with asthma are able to live normal, active lives. (4) Up to one-third of the people with asthma have not had their disease diagnosed. Among those with diagnosed asthma, thirty to fifty percent are not receiving medicines that are needed to control the disease, and approximately eighty percent of diagnosed asthmatics are not getting yearly spirometry measurements that are a key element in monitoring the disease." [2005 c 462 § 1.] 28A.210.375 28A.210.375 Student health insurance information— Pilot project—Reports. (1) By August 1, 2008, the superintendent of public instruction shall solicit and select up to six school districts to implement, on a pilot project basis, this section. The selected school districts shall include districts from urban and rural areas, and eastern and western Washington. (2) Beginning with the 2008-09 school year, as part of a public school’s enrollment process, each school participating as a pilot project shall annually inquire whether a student has health insurance. The school shall include in the inquiry a statement explaining that an outreach worker may contact families with uninsured students about options for health care coverage. The inquiry shall make provision for the parent or guardian to authorize the sharing of information for this purpose, consistent with state and federal confidentiality requirements. (3) The school shall record each student’s health insurance status in the district’s student information system. (4) By December 1, 2008, from the district’s student information system, the pilot school shall develop a list of students without insurance for whom parent authorization to share information was granted. To the extent such information is available, the list shall include: (2008 Ed.) 28A.210.380 (a) Identifiers, including each student’s full name and date of birth; and (b) Parent or guardian contact information, including telephone number, e-mail address, and street address. (5) By September 1, 2008, the department and superintendent shall develop and make available a model agreement to enable schools to share student information in compliance with state and federal confidentiality requirements. (6) By January 1, 2009, each participating pilot school and a local outreach organization, where available, shall work to put in place an agreement to share student information in accordance with state and federal confidentiality requirements. Once an agreement is in place, the school shall share the list described in subsection (4) of this section with the outreach organization. (7) The outreach organization shall use the information on the list to contact families and assist them to enroll students on a medical program, in accordance with chapter 74.09 RCW. (8) By July 1, 2009, pilot schools shall report to the superintendent of public instruction: (a) The number of students identified without health insurance under subsection (2) of this section; and (b) Whether an agreement as described under subsection (6) of this section is in place. (9) By December 1, 2009, the department and the superintendent shall submit a joint report to the legislature that provides: (a) Summary information on the number of students identified without insurance; (b) The number of schools with agreements with outreach organizations and the number without such agreements; (c) The cost of collecting and reporting data; (d) The impact of such outreach efforts they can quantify; and (e) Any recommendations for changes that would improve the efficiency or effectiveness of outreach efforts described in this section. (10) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Department" means the department of social and health services. (b) "Superintendent" means the superintendent of public instruction. (c) "Outreach organization" means a nonprofit organization or a local government entity either contracting with the department pursuant to chapter 74.09 RCW, or otherwise qualified to provide outreach, education, and enrollment services to uninsured children. [2008 c 302 § 1.] 28A.210.380 Anaphylaxis—Policy guidelines—Procedures—Reports. (1) The office of the superintendent of public instruction, in consultation with the department of health, shall develop anaphylactic policy guidelines for schools to prevent anaphylaxis and deal with medical emergencies resulting from it. The policy guidelines shall be developed with input from pediatricians, school nurses, other health care providers, parents of children with life-threatening allergies, school administrators, teachers, and food service directors. 28A.210.380 [Title 28A RCW—page 53] Chapter 28A.215 Title 28A RCW: Common School Provisions The policy guidelines shall include, but need not be limited to: (a) A procedure for each school to follow to develop a treatment plan including the responsibilities for [of] school nurses and other appropriate school personnel responsible for responding to a student who may be experiencing anaphylaxis; (b) The content of a training course for appropriate school personnel for preventing and responding to a student who may be experiencing anaphylaxis; (c) A procedure for the development of an individualized emergency health care plan for children with food or other allergies that could result in anaphylaxis; (d) A communication plan for the school to follow to gather and disseminate information on students with food or other allergies who may experience anaphylaxis; (e) Strategies for reduction of the risk of exposure to anaphylactic causative agents including food and other allergens. (2) For the purpose of this section "anaphylaxis" means a severe allergic and life-threatening reaction that is a collection of symptoms, which may include breathing difficulties and a drop in blood pressure or shock. (3)(a) By October 15, 2008, the superintendent of public instruction shall report to the select interim legislative task force on comprehensive school health reform created in section 6, chapter 5, Laws of 2007, on the following: (i) The implementation within school districts of the 2008 guidelines for care of students with life-threatening food allergies developed by the superintendent pursuant to section 501, chapter 522, Laws of 2007, including a review of policies developed by the school districts, the training provided to school personnel, and plans for follow-up monitoring of policy implementation; and (ii) Recommendations on requirements for effectively implementing the school anaphylactic policy guidelines developed under this section. (b) By March 31, 2009, the superintendent of public instruction shall report policy guidelines to the appropriate committees of the legislature and to school districts for the districts to use to develop and adopt their policies. (4) By September 1, 2009, each school district shall use the guidelines developed under subsection (1) of this section to develop and adopt a school district policy for each school in the district to follow to assist schools to prevent anaphylaxis. [2008 c 173 § 1.] Chapter 28A.215 RCW EARLY CHILDHOOD, PRESCHOOLS, AND BEFORE-AND-AFTER SCHOOL CARE Chapter 28A.215 Sections Department of community, trade, and economic development: Chapter 43.330 RCW. NURSERY SCHOOLS, PRESCHOOLS, AND BEFORE-AND-AFTER SCHOOL CARE 28A.215.010 Authority of school boards. The board of directors of any school district shall have the power to establish and maintain preschools and to provide before-andafter-school and vacation care in connection with the common schools of said district located at such points as the board shall deem most suitable for the convenience of the public, for the care and instruction of infants and children residing in said district. The board shall establish such courses, activities, rules, and regulations governing preschools and before-and-after-school care as it may deem best: PROVIDED, That these courses and activities shall meet the minimum standard for such preschools as established by the United States department of health, education and welfare, or its successor agency, and the superintendent of public instruction. Except as otherwise provided by state or federal law, the board of directors may fix a reasonable charge for the care and instruction of children attending such schools. The board may, if necessary, supplement such funds as are received for the superintendent of public instruction or any agency of the federal government, by an appropriation from the general school fund of the district. [2006 c 263 § 410; 1995 c 335 § 104; 1969 ex.s. c 223 § 28A.34.010. Prior: 1945 c 247 § 1; 1943 c 220 § 1; Rem. Supp. 1945 § 5109-1. Formerly RCW 28A.34.010, 28.34.010.] 28A.215.010 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360. 28A.215.020 Allocations of state or federal funds— Rules. Expenditures under federal funds and/or state appropr iatio ns m ad e to carry ou t th e p urp oses of RCW 28A.215.010 through 28A.215.050 shall be made by warrants issued by the state treasurer upon order of the superintendent of public instruction. The superintendent of public instruction shall make necessary rules to carry out the purpose of RCW 28A.215.010. After being notified by the office of the governor that there is an agency or department responsible for early learning, the superintendent shall consult with that agency when establishing relevant rules. [2006 c 263 § 411; 1995 c 335 § 308; 1990 c 33 § 210; 1969 ex.s. c 223 § 28A.34.020. Prior: 1943 c 220 § 2; Rem. Supp. 1943 § 5109-2. Formerly RCW 28A.34.020, 28.34.020, 28.34.030.] 28A.215.020 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. NURSERY SCHOOLS, PRESCHOOLS, AND BEFORE-AND-AFTER SCHOOL CARE Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360. Authority of school boards. Allocations of state or federal funds—Rules. Allocations pending receipt of federal funds. Establishment and maintenance discretionary. Additional authority—Contracts with private and public entities—Charges—Transportation services. 28A.215.060 Community learning center program—Purpose—Grants— Reports. 28A.215.030 Allocations pending receipt of federal funds. In the event the legislature appropriates any moneys to carry out the purposes of RCW 28A.215.010 through 28A.215.050, allocations therefrom may be made to school districts for the purpose of underwriting allocations made or requested from federal funds until such federal funds are 28A.215.010 28A.215.020 28A.215.030 28A.215.040 28A.215.050 [Title 28A RCW—page 54] 28A.215.030 (2008 Ed.) Early Childhood, Preschools, and Before-And-After School Care available. Any school district may allocate a portion of its funds for the purpose of carrying out the provisions of RCW 28A.215.010 through 28A.215.050 pending the receipt of reimbursement from funds made available by acts of congress. [1995 c 335 § 309; 1990 c 33 § 211; 1969 ex.s. c 223 § 28A.34.040. Prior: 1943 c 220 § 3; Rem. Supp. 1943 § 5109-3. Formerly RCW 28A.34.040, 28.34.040.] Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360. 28A.215.040 Establishment and maintenance discretionary. Every board of directors shall have power to establish, equip and maintain preschools and/or provide beforeand-after-school care for children of working parents, in cooperation with the federal government or any of its agencies, when in their judgment the best interests of their district will be subserved thereby. [1995 c 335 § 105; 1973 1st ex.s. c 154 § 45; 1969 ex.s. c 223 § 28A.34.050. Prior: 1943 c 220 § 5; Rem. Supp. 1943 § 5109-5. Formerly RCW 28A.34.050, 28.34.050.] 28A.215.040 Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360. Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030. 28A.215.050 Additional authority—Contracts with private and public entities—Charges—Transportation services. As a supplement to the authority otherwise granted by RCW 28A.215.010 through 28A.215.050 respecting the care or instruction, or both, of children in general, the board of directors of any school district may only utilize funds outside the state basic education appropriation and the state school transportation appropriation to: (1) Contract with public and private entities to conduct all or any portion of the management and operation of a child care program at a school district site or elsewhere; (2) Establish charges based upon costs incurred under this section and provide for the reduction or waiver of charges in individual cases based upon the financial ability of the parents or legal guardians of enrolled children to pay the charges, or upon their provision of other valuable consideration to the school district; and (3) Transport children enrolled in a child care program to the program and to related sites using district-owned school buses and other motor vehicles, or by contracting for such transportation and related services: PROVIDED, That no child three years of age or younger shall be transported under the provisions of this section unless accompanied by a parent or guardian. [1995 c 335 § 310; 1990 c 33 § 212; 1987 c 487 § 1. Formerly RCW 28A.34.150.] 28A.215.050 Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360. 28A.215.060 Community learning center program— Purpose—Grants—Reports. (1) The Washington community learning center program is established. The program shall be administered by the office of the superintendent of public instruction. The purposes of the program include: (a) Supporting the creation or expansion of community learning centers that provide students with tutoring and educational enrichment when school is not in session; 28A.215.060 (2008 Ed.) 28A.215.060 (b) Providing training and professional development for community learning center program staff; (c) Increasing public awareness of the availability and benefits of after-school programs; and (d) Supporting statewide after-school intermediary organizations in their efforts to provide leadership, coordination, technical assistance, professional development, advocacy, and programmatic support to the Washington community learning center programs and after-school programs throughout the state. (2)(a) Subject to funds appropriated for this purpose, the office of the superintendent of public instruction may provide community learning center grants to any public or private organization that meets the eligibility criteria of the federal twenty-first century community learning centers program. (b) Priority may be given to grant requests submitted jointly by one or more schools or school districts and one or more community-based organizations or other nonschool partners. (c) Priority may also be given to grant requests for after-school programs focusing on improving mathematics achievement, particularly for middle and junior high school students. (d) Priority shall be given to grant requests that: (i) Focus on improving reading and mathematics proficiency for students who attend schools that have been identified as being in need of improvement under section 1116 of Title I of the federal no child left behind act of 2001; and (ii) Include a public/private partnership agreement or proposal for how to provide free transportation for those students in need that are involved in the program. (3) Community learning center grant funds may be used to carry out a broad array of out-of-school activities that support and enhance academic achievement. The activities may include but need not be limited to: (a) Remedial and academic enrichment; (b) Mathematics, reading, and science education; (c) Arts and music education; (d) Entrepreneurial education; (e) Community service; (f) Tutoring and mentoring programs; (g) Programs enhancing the language skills and academic achievement of limited English proficient students; (h) Recreational and athletic activities; (i) Telecommunications and technology education; (j) Programs that promote parental involvement and family literacy; (k) Drug and violence prevention, counseling, and character education programs; and (l) Programs that assist students who have been truant, suspended, or expelled, to improve their academic achievement. (4) Each community learning center grant may be made for a maximum of five years. Each grant recipient shall report annually to the office of the superintendent of public instruction on what transportation services are being used to assist students in accessing the program and how those services are being funded. Based on this information, the office of the superintendent of public instruction shall compile a list of transportation service options being used and make that [Title 28A RCW—page 55] Chapter 28A.220 Title 28A RCW: Common School Provisions list available to all after-school program providers that were eligible for the community learning center program grants. (5) To the extent that funding is available for this purpose, the office of the superintendent of public instruction may provide grants or other support for the training and professional development of community learning center staff, the activities of intermediary after-school organizations, and efforts to increase public awareness of the availability and benefits of after-school programs. (6) Schools or school districts that receive a community learning center grant under this section may seek approval from the office of the superintendent of public instruction for flexibility to use a portion of their state transportation funds for the costs of transporting students to and from the community learning center program. (7) The office of the superintendent of public instruction shall evaluate program outcomes and report to the governor and the education committees of the legislature on the outcomes of the grants and make recommendations related to program modification, sustainability, and possible expansion. An interim report is due November 1, 2008. A final report is due December 1, 2009. [2008 c 169 § 1; 2007 c 400 § 5.] Capti ons no t la w— 200 7 c 400: See no te fol lo win g RC W 28A.150.210. Chapter 28A.220 Chapter 28A.220 RCW TRAFFIC SAFETY Sections 28A.220.010 Legislative declaration. 28A.220.020 Definitions. 28A.220.030 Administration of program—Powers and duties of school officials. 28A.220.040 Fiscal support—Reimbursement to school districts—Enrollment fees—Deposit. 28A.220.050 Information on proper use of left-hand lane. 28A.220.060 Information on effects of alcohol and drug use. 28A.220.070 Rules. 28A.220.080 Information on motorcycle awareness. 28A.220.085 Information on driving safely among bicyclists and pedestrians. 28A.220.900 Purpose. 28A.220.010 Legislative declaration. It is the purpose of chapter 76, Laws of 1977 to provide the students of the state with an improved quality traffic safety education program and to develop in the youth of this state a knowledge of the motor vehicle laws, an acceptance of personal responsibility on the public highways, an understanding of the causes and consequences of traffic accidents, and to provide training in the skills necessary for the safe operation of motor vehicles; to provide financial assistance to the various school districts while permitting them to achieve economies through options in the choice of course content and methods of instructions by adopting in whole or with modifications, a program prepared by the office of the superintendent of public instruction, and keeping to a minimum the amount of estimating, bookkeeping and reporting required of said school districts for financial reimbursement for such traffic safety education programs. [1977 c 76 § 1. Formerly RCW 28A.08.005, 46.81.005.] 28A.220.010 Severability—1977 c 76: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the [Title 28A RCW—page 56] remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1977 c 76 § 5.] 28A.220.020 Definitions. The following words and phrases whenever used in chapter 28A.220 RCW shall have the following meaning: (1) "Superintendent" or "state superintendent" shall mean the superintendent of public instruction. (2) "Traffic safety education course" shall mean an accredited course of instruction in traffic safety education which shall consist of two phases, classroom instruction, and laboratory experience. "Laboratory experience" shall include on-street, driving range, or simulator experience or some combination thereof. Each phase shall meet basic course requirements which shall be established by the superintendent of public instruction and each part of said course shall be taught by a qualified teacher of traffic safety education. Any portions of the course may be taught after regular school hours or on Saturdays as well as on regular school days or as a summer school course, at the option of the local school districts. (3) "Qualified teacher of traffic safety education" shall mean an instructor certificated under the provisions of chapter 28A.410 RCW and certificated by the superintendent of public instruction to teach either the classroom phase or the laboratory phase of the traffic safety education course, or both, under regulations promulgated by the superintendent: PROVIDED, That the laboratory experience phase of the traffic safety education course may be taught by instructors certificated under rules promulgated by the superintendent of public instruction, exclusive of any requirement that the instructor be certificated under the provisions of chapter 28A.410 RCW. Professional instructors certificated under the provisions of chapter 46.82 RCW, and participating in this program, shall be subject to reasonable qualification requirements jointly adopted by the superintendent of public instruction and the director of licensing. (4) "Realistic level of effort" means the classroom and laboratory student learning experiences considered acceptable to the superintendent of public instruction that must be satisfactorily accomplished by the student in order to successfully complete the traffic safety education course. [1990 c 33 § 218; 1979 c 158 § 195; 1977 c 76 § 2; 1969 ex.s. c 218 § 1; 1963 c 39 § 2. Formerly RCW 28A.08.010, 46.81.010.] 28A.220.020 Severability—1977 c 76: See note following RCW 28A.220.010. 28A.220.030 Administration of program—Powers and duties of school officials. (1) The superintendent of public instruction is authorized to establish a section of traffic safety education, and through such section shall: Define a "realistic level of effort" required to provide an effective traffic safety education course, establish a level of driving competency required of each student to successfully complete the course, and ensure that an effective statewide program is implemented and sustained, administer, supervise, and develop the traffic safety education program and shall assist local school districts in the conduct of their traffic safety education programs. The superintendent shall adopt necessary rules and regulations governing the operation and scope of the traffic safety education program; and each school district shall submit a report to the superintendent on the condition of 28A.220.030 (2008 Ed.) Traffic Safety its traffic safety education program: PROVIDED, That the superintendent shall monitor the quality of the program and carry out the purposes of this chapter. (2) The board of directors of any school district maintaining a secondary school which includes any of the grades 10 to 12, inclusive, may establish and maintain a traffic safety education course. If a school district elects to offer a traffic safety education course and has within its boundaries a private accredited secondary school which includes any of the grades 10 to 12, inclusive, at least one class in traffic safety education shall be given at times other than regular school hours if there is sufficient demand therefor. (3) The board of directors of a school district, or combination of school districts, may contract with any drivers’ school licensed under the provisions of chapter 46.82 RCW to teach the laboratory phase of the traffic safety education course. Instructors provided by any such contracting drivers’ school must be properly qualified teachers of traffic safety education under the joint qualification requirements adopted by the superintendent of public instruction and the director of licensing. (4) The superintendent shall establish a required minimum number of hours of continuing traffic safety education for traffic safety education instructors. The superintendent may phase in the requirement over not more than five years. [2000 c 115 § 9; 1979 c 158 § 196; 1977 c 76 § 3; 1969 ex.s. c 218 § 2; 1963 c 39 § 3. Formerly RCW 28A.08.020, 46.81.020.] Finding—2000 c 115: See note following RCW 46.20.075. Effective date—2000 c 115 §§ 1-10: See note following RCW 46.20.075. Severability—1977 c 76: See note following RCW 28A.220.010. 28A.220.040 Fiscal support—Reimbursement to school districts—Enrollment fees—Deposit. (1) Each school district shall be reimbursed from funds appropriated for traffic safety education. (a) The state superintendent shall determine the perpupil reimbursement amount for the traffic safety education course to be funded by the state. Each school district offering an approved standard traffic safety education course shall be reimbursed or granted an amount up to the level established by the superintendent of public instruction as may be appropriated. (b) The state superintendent may provide per-pupil reimbursements to school districts only where all the traffic educators have satisfied the continuing education requirement of RCW 28A.220.030(4). (2) The board of directors of any school district or combination of school districts may establish a traffic safety education fee, which fee when imposed shall be required to be paid by any duly enrolled student in any such school district prior to or while enrolled in a traffic safety education course. Traffic safety education fees collected by a school district shall be deposited with the county treasurer to the credit of such school district, to be used to pay costs of the traffic safety education course. [2000 c 115 § 10; 1984 c 258 § 331; 1977 c 76 § 4; 1969 ex.s. c 218 § 6; 1967 ex.s. c 147 § 5; 1963 c 39 § 8. Formerly RCW 28A.08.070, 46.81.070.] 28A.220.040 Finding—2000 c 115: See note following RCW 46.20.075. (2008 Ed.) 28A.220.900 Effective date—2000 c 115 §§ 1-10: See note following RCW 46.20.075. Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Intent—1984 c 258: See note following RCW 3.34.130. Severability—1977 c 76: See note following RCW 28A.220.010. Traffic safety commission: Chapter 43.59 RCW. 28A.220.050 Information on proper use of left-hand lane. The superintendent of public instruction shall include information on the proper use of the left-hand lane on multilane highways in instructional material used in traffic safety education courses. [1986 c 93 § 4. Formerly RCW 28A.08.080.] 28A.220.050 Keep right except when passing, etc: RCW 46.61.100. 28A.220.060 Information on effects of alcohol and drug use. The superintendent of public instruction shall include information on the effects of alcohol and drug use on motor vehicle operators, including information on drug and alcohol related traffic injury and mortality rates in the state of Washington, and current penalties for driving under the influence of drugs or alcohol in instructional material used in traffic safety education courses. [1991 c 217 § 2.] 28A.220.060 28A.220.070 Rules. The superintendent of public instruction, in consultation with the department of licensing, shall adopt rules for implementing RCW 46.20.075(1)(d). [2000 c 115 § 11.] 28A.220.070 Finding—2000 c 115: See note following RCW 46.20.075. 28A.220.080 Information on motorcycle awareness. The superintendent of public instruction shall include information on motorcycle awareness, approved by the director of licensing, in instructional material used in traffic safety education courses, to ensure new operators of motor vehicles have been instructed in the importance of safely sharing the road with motorcyclists. [2007 c 97 § 4; 2004 c 126 § 1.] 28A.220.080 28A.220.085 Information on driving safely among bicyclists and pedestrians. The superintendent of public instruction shall require that information on driving safely among bicyclists and pedestrians, approved by the director of the department of licensing, be included in instructional material used in traffic safety education courses, to ensure that new operators of motor vehicles have been instructed in safely sharing the road with bicyclists and pedestrians. [2008 c 125 § 4.] 28A.220.085 Findings—Short title—2008 c 125: See notes following RCW 46.82.420. 28A.220.900 Purpose. It is the purpose of this act to provide the financial assistance necessary to enable each high school district to offer a course in traffic safety education and by that means to develop in the youth of this state a knowledge of the motor vehicle laws, an acceptance of personal responsibility on the public highways, and an understanding of the causes and consequences of traffic accidents, with an emphasis on the consequences, both physical and legal, of the use of drugs or alcohol in relation to operating a motor vehi28A.220.900 [Title 28A RCW—page 57] Chapter 28A.225 Title 28A RCW: Common School Provisions cle. The course in traffic safety education shall further provide to the youthful drivers of this state training in the skills necessary for the safe operation of motor vehicles. [1991 c 217 § 1; 1969 ex.s. c 218 § 7; 1963 c 39 § 1. Formerly RCW 28A.08.900, 46.81.900.] Chapter 28A.225 RCW COMPULSORY SCHOOL ATTENDANCE AND ADMISSION Chapter 28A.225 Sections 28A.225.005 Compulsory education, requirements—Informing students and parents annually. 28A.225.010 Attendance mandatory—Age—Exceptions. 28A.225.015 Attendance mandatory—Six or seven year olds—Unexcused absences—Petition. 28A.225.020 School’s duties upon child’s failure to attend school. 28A.225.025 Community truancy boards. 28A.225.030 Petition to juvenile court for violations by a parent or child— School district responsibilities. 28A.225.031 Alcohol or controlled substances testing—Authority to order. 28A.225.035 Petition to juvenile court—Contents—Court action—Referral to community truancy board—Transfer of jurisdiction upon relocation. 28A.225.055 Excused absences—Search and rescue activities. 28A.225.060 Custody and disposition of child absent from school without excuse. 28A.225.080 Employment permits. 28A.225.090 Court orders—Penalties—Parents’ defense. 28A.225.095 Authority of court commissioners and family law commissioners to hear cases under this chapter. 28A.225.110 Fines applied to support of schools. 28A.225.115 Educational services—Funding for children referred to community truancy board. 28A.225.140 Enforcing officers not personally liable for costs. 28A.225.151 Reports. 28A.225.160 Qualification for admission to district’s schools—Fees for preadmission screening. 28A.225.170 Admission to schools—Children on United States reservations—Idaho residents with Washington addresses. 28A.225.200 Education of pupils in another district—Limitation as to state apportionment—Exemption. 28A.225.210 Admission of district pupils tuition free. 28A.225.215 Enrollment of children without legal residences. 28A.225.220 Adults, children from other districts, agreements for attending school—Tuition. 28A.225.225 Applications from nonresident students or students receiving home-based instruction to attend district school—School employees’ children—Acceptance and rejection standards—Notification. 28A.225.230 Appeal from certain decisions to deny student’s request to attend nonresident district—Procedure. 28A.225.240 Apportionment credit. 28A.225.250 Cooperative programs among school districts—Rules. 28A.225.260 Reciprocity exchanges with other states. 28A.225.270 Intradistrict enrollment options policies. 28A.225.280 Transfer students’ eligibility for extracurricular activities. 28A.225.290 Enrollment options information booklet. 28A.225.300 Enrollment options information to parents. 28A.225.310 Attendance in school district of choice—Impact on existing cooperative arrangements. 28A.225.330 Enrolling students from other districts—Requests for information and permanent records—Withheld transcripts— Immunity from liability—Notification to teachers and security personnel—Rules. 28A.225.005 Compulsory education, requirements— Informing students and parents annually. Each school within a school district shall inform the students and the parents of the students enrolled in the school about the compulsory education requirements under this chapter. The school shall distribute the information at least annually. [1992 c 205 § 201.] 28A.225.005 Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010. [Title 28A RCW—page 58] 28A.225.010 Attendance mandatory—Age—Exceptions. (1) All parents in this state of any child eight years of age and under eighteen years of age shall cause such child to attend the public school of the district in which the child resides and such child shall have the responsibility to and therefore shall attend for the full time when such school may be in session unless: (a) The child is attending an approved private school for the same time or is enrolled in an extension program as provided in RCW 28A.195.010(4); (b) The child is receiving home-based instruction as provided in subsection (4) of this section; (c) The child is attending an education center as provided in chapter 28A.205 RCW; (d) The school district superintendent of the district in which the child resides shall have excused such child from attendance because the child is physically or mentally unable to attend school, is attending a residential school operated by the department of social and health services, is incarcerated in an adult correctional facility, or has been temporarily excused upon the request of his or her parents for purposes agreed upon by the school authorities and the parent: PROVIDED, That such excused absences shall not be permitted if deemed to cause a serious adverse effect upon the student’s educational progress: PROVIDED FURTHER, That students excused for such temporary absences may be claimed as full time equivalent students to the extent they would otherwise have been so claimed for the purposes of RCW 28A.150.250 and 28A.150.260 and shall not affect school district compliance with the provisions of RCW 28A.150.220; or (e) The child is sixteen years of age or older and: (i) The child is regularly and lawfully employed and either the parent agrees that the child should not be required to attend school or the child is emancipated in accordance with chapter 13.64 RCW; (ii) The child has already met graduation requirements in accordance with state board of education rules and regulations; or (iii) The child has received a certificate of educational competence under rules and regulations established by the state board of education under RCW 28A.305.190. (2) A parent for the purpose of this chapter means a parent, guardian, or person having legal custody of a child. (3) An approved private school for the purposes of this chapter and chapter 28A.200 RCW shall be one approved under regulations established by the state board of education pursuant to RCW 28A.305.130. (4) For the purposes of this chapter and chapter 28A.200 RCW, instruction shall be home-based if it consists of planned and supervised instructional and related educational activities, including a curriculum and instruction in the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of an appreciation of art and music, provided for a number of hours equivalent to the total annual program hours per grade level established for approved private schools under RCW 28A.195.010 and 28A.195.040 and if such activities are: (a) Provided by a parent who is instructing his or her child only and are supervised by a certificated person. A cer28A.225.010 (2008 Ed.) Compulsory School Attendance and Admission tificated person for purposes of this chapter and chapter 28A.200 RCW shall be a person certified under chapter 28A.410 RCW. For purposes of this section, "supervised by a certificated person" means: The planning by the certificated person and the parent of objectives consistent with this subsection; a minimum each month of an average of one contact hour per week with the child being supervised by the certificated person; and evaluation of such child’s progress by the certificated person. The number of children supervised by the certificated person shall not exceed thirty for purposes of this subsection; or (b) Provided by a parent who is instructing his or her child only and who has either earned forty-five college level quarter credit hours or its equivalent in semester hours or has completed a course in home-based instruction at a postsecondary institution or a vocational-technical institute; or (c) Provided by a parent who is deemed sufficiently qualified to provide home-based instruction by the superintendent of the local school district in which the child resides. (5) The legislature recognizes that home-based instruction is less structured and more experiential than the instruction normally provided in a classroom setting. Therefore, the provisions of subsection (4) of this section relating to the nature and quantity of instructional and related educational activities shall be liberally construed. [1998 c 244 § 14; 1996 c 134 § 1; 1990 c 33 § 219; 1986 c 132 § 1; 1985 c 441 § 1; 1980 c 59 § 1; 1979 ex.s. c 201 § 4; 1973 c 51 § 1; 1972 ex.s. c 10 § 2. Prior: 1971 ex.s. c 215 § 2; 1971 ex.s. c 51 § 1; 1969 ex.s. c 109 § 2; 1969 ex.s. c 223 § 28A.27.010; prior: 1909 p 364 § 1; RRS § 5072; prior: 1907 c 240 § 7; 1907 c 231 § 1; 1905 c 162 § 1; 1903 c 48 § 1; 1901 c 177 § 11; 1899 c 140 § 1; 1897 c 118 § 71. Formerly RCW 28A.27.010, 28.27.010.] Effective date—Severability—1998 c 244: See RCW 28A.193.900 and 28A.193.901. Severability—1985 c 441: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1985 c 441 § 6.] Severability—1973 c 51: "If any provision of this 1973 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1973 c 51 § 5.] Private schools: RCW 28A.305.130(5), 28A.195.010 through 28A.195.050. Work permits for minors required: RCW 49.12.123. 28A.225.015 Attendance mandatory—Six or seven year olds—Unexcused absences—Petition. (1) If a parent enrolls a child who is six or seven years of age in a public school, the child is required to attend and that parent has the responsibility to ensure the child attends for the full time that school is in session. An exception shall be made to this requirement for children whose parents formally remove them from enrollment if the child is less than eight years old and a petition has not been filed against the parent under subsection (3) of this section. The requirement to attend school under this subsection does not apply to a child enrolled in a public school part-time for the purpose of receiving ancillary services. A child required to attend school under this subsection may be temporarily excused upon the request of his or her parent for purposes agreed upon by the school district and parent. 28A.225.015 (2008 Ed.) 28A.225.020 (2) If a six or seven year-old child is required to attend public school under subsection (1) of this section and that child has unexcused absences, the public school in which the child is enrolled shall: (a) Inform the child’s custodial parent, parents, or guardian by a notice in writing or by telephone whenever the child has failed to attend school after one unexcused absence within any month during the current school year; (b) Request a conference or conferences with the custodial parent, parents, or guardian and child at a time reasonably convenient for all persons included for the purpose of analyzing the causes of the child’s absences after two unexcused absences within any month during the current school year. If a regularly scheduled parent-teacher conference day is to take place within thirty days of the second unexcused absence, then the school district may schedule this conference on that day; and (c) Take steps to eliminate or reduce the child’s absences. These steps shall include, where appropriate, adjusting the child’s school program or school or course assignment, providing more individualized or remedial instruction, offering assistance in enrolling the child in available alternative schools or programs, or assisting the parent or child to obtain supplementary services that may help eliminate or ameliorate the cause or causes for the absence from school. (3) If a child required to attend public school under subsection (1) of this section has seven unexcused absences in a month or ten unexcused absences in a school year, the school district shall file a petition for civil action as provided in RCW 28A.225.035 against the parent of the child. (4) This section does not require a six or seven year old child to enroll in a public or private school or to receive home-based instruction. This section only applies to six or seven year old children whose parents enroll them full time in public school and do not formally remove them from enrollment as provided in subsection (1) of this section. [1999 c 319 § 6.] 28A.225.020 School’s duties upon child’s failure to attend school. (1) If a child required to attend school under RCW 28A.225.010 fails to attend school without valid justification, the public school in which the child is enrolled shall: (a) Inform the child’s custodial parent, parents, or guardian by a notice in writing or by telephone whenever the child has failed to attend school after one unexcused absence within any month during the current school year. School officials shall inform the parent of the potential consequences of additional unexcused absences; (b) Schedule a conference or conferences with the custodial parent, parents, or guardian and child at a time reasonably convenient for all persons included for the purpose of analyzing the causes of the child’s absences after two unexcused absences within any month during the current school year. If a regularly scheduled parent-teacher conference day is to take place within thirty days of the second unexcused absence, then the school district may schedule this conference on that day; and (c) Take steps to eliminate or reduce the child’s absences. These steps shall include, where appropriate, adjusting the child’s school program or school or course 28A.225.020 [Title 28A RCW—page 59] 28A.225.025 Title 28A RCW: Common School Provisions assignment, providing more individualized or remedial instruction, providing appropriate vocational courses or work experience, referring the child to a community truancy board, if available, requiring the child to attend an alternative school or program, or assisting the parent or child to obtain supplementary services that might eliminate or ameliorate the cause or causes for the absence from school. If the child’s parent does not attend the scheduled conference, the conference may be conducted with the student and school official. However, the parent shall be notified of the steps to be taken to eliminate or reduce the child’s absence. (2) For purposes of this chapter, an "unexcused absence" means that a child: (a) Has failed to attend the majority of hours or periods in an average school day or has failed to comply with a more restrictive school district policy; and (b) Has failed to meet the school district’s policy for excused absences. (3) If a child transfers from one school district to another during the school year, the receiving school or school district shall include the unexcused absences accumulated at the previous school or from the previous school district for purposes of this section, RCW 28A.225.030, and 28A.225.015. [1999 c 319 § 1; 1996 c 134 § 2; 1995 c 312 § 67; 1992 c 205 § 202; 1986 c 132 § 2; 1979 ex.s. c 201 § 1. Formerly RCW 28A.27.020.] Short title—1995 c 312: See note following RCW 13.32A.010. Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010. 28A.225.025 Community truancy boards. For purposes of this chapter, "community truancy board" means a board composed of members of the local community in which the child attends school. Juvenile courts may establish and operate community truancy boards. If the juvenile court and the school district agree, a school district may establish and operate a community truancy board under the jurisdiction of the juvenile court. Juvenile courts may create a community truancy board or may use other entities that exist or are created, such as diversion units. However, a diversion unit or other existing entity must agree before it is used as a truancy board. Duties of a community truancy board shall include, but not be limited to, recommending methods for improving school attendance such as assisting the parent or the child to obtain supplementary services that might eliminate or ameliorate the causes for the absences or suggesting to the school district that the child enroll in another school, an alternative education program, an education center, a skill center, a dropout prevention program, or another public or private educational program. [1999 c 319 § 5; 1996 c 134 § 9; 1995 c 312 § 66.] 28A.225.025 Short title—1995 c 312: See note following RCW 13.32A.010. 28A.225.030 Petition to juvenile court for violations by a parent or child—School district responsibilities. (1) If a child is required to attend school under RCW 28A.225.010 and if the actions taken by a school district under RCW 28A.225.020 are not successful in substantially reducing an enrolled student’s absences from public school, not later than the seventh unexcused absence by a child 28A.225.030 [Title 28A RCW—page 60] within any month during the current school year or not later than the tenth unexcused absence during the current school year the school district shall file a petition and supporting affidavit for a civil action with the juvenile court alleging a violation of RCW 28A.225.010: (a) By the parent; (b) by the child; or (c) by the parent and the child. Except as provided in this subsection, no additional documents need be filed with the petition. (2) The district shall not later than the fifth unexcused absence in a month: (a) Enter into an agreement with a student and parent that establishes school attendance requirements; (b) Refer a student to a community truancy board, if available, as defined in RCW 28A.225.025. The community truancy board shall enter into an agreement with the student and parent that establishes school attendance requirements and take other appropriate actions to reduce the child’s absences; or (c) File a petition under subsection (1) of this section. (3) The petition may be filed by a school district employee who is not an attorney. (4) If the school district fails to file a petition under this section, the parent of a child with five or more unexcused absences in any month during the current school year or upon the tenth unexcused absence during the current school year may file a petition with the juvenile court alleging a violation of RCW 28A.225.010. (5) Petitions filed under this section may be served by certified mail, return receipt requested. If such service is unsuccessful, or the return receipt is not signed by the addressee, personal service is required. [1999 c 319 § 2; 1996 c 134 § 3; 1995 c 312 § 68; 1992 c 205 § 203; 1990 c 33 § 220; 1986 c 132 § 3; 1979 ex.s. c 201 § 2. Formerly RCW 28A.27.022.] Short title—1995 c 312: See note following RCW 13.32A.010. Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010. 28A.225.031 Alcohol or controlled substances testing—Authority to order. The authority of a court to issue an order for testing to determine whether the child has consumed or used alcohol or controlled substances applies to all persons subject to a petition under RCW 28A.225.030 regardless of whether the petition was filed before July 27, 1997. [1997 c 68 § 3.] 28A.225.031 28A.225.035 Petition to juvenile court—Contents— Court action—Referral to community truancy board— Transfer of jurisdiction upon relocation. (1) A petition for a civil action under RCW 28A.225.030 or 28A.225.015 shall consist of a written notification to the court alleging that: (a) The child has unexcused absences during the current school year; (b) Actions taken by the school district have not been successful in substantially reducing the child’s absences from school; and (c) Court intervention and supervision are necessary to assist the school district or parent to reduce the child’s absences from school. 28A.225.035 (2008 Ed.) Compulsory School Attendance and Admission (2) The petition shall set forth the name, date of birth, school, address, gender, race, and ethnicity of the child and the names and addresses of the child’s parents. (3) The petition shall set forth facts that support the allegations in this section and shall generally request relief available under this chapter and provide information about what the court might order under RCW 28A.225.090. (4) When a petition is filed under RCW 28A.225.030 or 28A.225.015, the juvenile court shall schedule a hearing at which the court shall consider the petition, or if the court determines that a referral to an available community truancy board would substantially reduce the child’s unexcused absences, the court may refer the case to a community truancy board under the jurisdiction of the juvenile court. (5) If a referral is made to a community truancy board, the truancy board must meet with the child, a parent, and the school district representative and enter into an agreement with the petitioner and respondent regarding expectations and any actions necessary to address the child’s truancy within thirty days of the referral. If the petition is based on RCW 28A.225.015, the child shall not be required to attend and the agreement under this subsection shall be between the truancy board, the school district, and the child’s parent. The agreement shall be presented to the juvenile court for its approval. (6) The court shall approve the agreement by order or schedule a hearing. The court may, if the school district and community truancy board agree, permit the truancy board to provide continued supervision over the student, or parent if the petition is based on RCW 28A.225.015, and report on compliance with the order. (7) If the truancy board fails to reach an agreement, the truancy board shall return the case to the juvenile court for a hearing. (8) Notwithstanding the provisions in subsection (4) of this section, a hearing shall not be required if other actions by the court would substantially reduce the child’s unexcused absences. When a juvenile court hearing is held, the court shall: (a) Separately notify the child, the parent of the child, and the school district of the hearing; (b) Notify the parent and the child of their rights to present evidence at the hearing; and (c) Notify the parent and the child of the options and rights available under chapter 13.32A RCW. (9) The court may require the attendance of the child if eight years old or older, the parents, and the school district at any hearing on a petition filed under RCW 28A.225.030. (10) A school district is responsible for determining who shall represent the school district at hearings on a petition filed under RCW 28A.225.030 or 28A.225.015. (11) The court may permit the first hearing to be held without requiring that either party be represented by legal counsel, and to be held without a guardian ad litem for the child under RCW 4.08.050. At the request of the school district, the court shall permit a school district representative who is not an attorney to represent the school district at any future hearings. (12) If the allegations in the petition are established by a preponderance of the evidence, the court shall grant the petition and enter an order assuming jurisdiction to intervene for the period of time determined by the court, after considering (2008 Ed.) 28A.225.080 the facts alleged in the petition and the circumstances of the juvenile, to most likely cause the juvenile to return to and remain in school while the juvenile is subject to this chapter. In no case may the order expire before the end of the school year in which it is entered. (13) If the court assumes jurisdiction, the school district shall regularly report to the court any additional unexcused absences by the child. (14) Community truancy boards and the courts shall coordinate, to the extent possible, proceedings and actions pertaining to children who are subject to truancy petitions and at-risk youth petitions in RCW 13.32A.191 or child in need of services petitions in RCW 13.32A.140. (15) If after a juvenile court assumes jurisdiction in one county the child relocates to another county, the juvenile court in the receiving county shall, upon the request of a school district or parent, assume jurisdiction of the petition filed in the previous county. [2001 c 162 § 1; 1999 c 319 § 3; 1997 c 68 § 1. Prior: 1996 c 134 § 4; 1996 c 133 § 31; 1995 c 312 § 69.] Findings—Short title—Intent—Construction—1996 c 133: See notes following RCW 13.32A.197. Short title—1995 c 312: See note following RCW 13.32A.010. 28A.225.055 Excused absences—Search and rescue activities. The legislature finds that state-recognized search and rescue activities, as defined in chapter 38.52 RCW and the rules interpreting the chapter, are recognized as activities deserving of excuse from school. Therefore, the legislature strongly encourages that excused absences be granted to students for up to five days each year to participate in search and rescue activities, subject to approval by the student’s parent and the principal of the student’s school, and provided that the activities do not cause a serious adverse effect upon the student’s educational progress. [2002 c 214 § 1.] 28A.225.055 28A.225.060 Custody and disposition of child absent from school without excuse. Any school district official, sheriff, deputy sheriff, marshal, police officer, or any other officer authorized to make arrests, may take into custody without a warrant a child who is required under the provisions of RCW 28A.225.010 through 28A.225.140 to attend school and is absent from school without an approved excuse, and shall deliver the child to: (1) The custody of a person in parental relation to the child; (2) the school from which the child is absent; or (3) a program designated by the school district. [1995 c 312 § 73; 1990 c 33 s 223; 1979 ex.s. c 201 s 5; 1977 ex.s. c 291 s 52; 1969 ex.s. c 223 s 28A.27.070. Prior: 1909 c 97 p 366 s 5; RRS s 5076; prior: 1907 c 231 s 5; 1905 c 162 s 5. Formerly RCW 28A.27.070, 28.27.070.] 28A.225.060 Short title—1995 c 312: See note following RCW 13.32A.010. Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005. 28A.225.080 Employment permits. Except as otherwise provided in this code, no child under the age of fifteen years shall be employed for any purpose by any person, company or corporation, in this state during the hours which the public schools of the district in which such child resides are in session, unless the said child shall present a certificate 28A.225.080 [Title 28A RCW—page 61] 28A.225.090 Title 28A RCW: Common School Provisions from a school superintendent as provided for in RCW 28A.225.010, excusing the said child from attendance in the public schools and setting forth the reason for such excuse, the residence and age of the child, and the time for which such excuse is given. Every owner, superintendent, or overseer of any establishment, company or corporation shall keep such certificate on file so long as such child is employed by him or her. The form of said certificate shall be furnished by the superintendent of public instruction. Proof that any child under fifteen years of age is employed during any part of the period in which public schools of the district are in session, shall be deemed prima facie evidence of a violation of this section. [1990 c 33 § 225; 1969 ex.s. c 223 § 28A.27.090. Prior: 1909 c 97 p 365 § 2; RRS § 5073; prior: 1907 c 231 § 2; 1905 c 162 § 2; 1903 c 48 § 2. Formerly RCW 28A.27.090, 28.27.090.] 28A.225.090 Court orders—Penalties—Parents’ defense. (1) A court may order a child subject to a petition under RCW 28A.225.035 to do one or more of the following: (a) Attend the child’s current school, and set forth minimum attendance requirements, including suspensions; (b) If there is space available and the program can provide educational services appropriate for the child, order the child to attend another public school, an alternative education program, center, a skill center, dropout prevention program, or another public educational program; (c) Attend a private nonsectarian school or program including an education center. Before ordering a child to attend an approved or certified private nonsectarian school or program, the court shall: (i) Consider the public and private programs available; (ii) find that placement is in the best interest of the child; and (iii) find that the private school or program is willing to accept the child and will not charge any fees in addition to those established by contract with the student’s school district. If the court orders the child to enroll in a private school or program, the child’s school district shall contract with the school or program to provide educational services for the child. The school district shall not be required to contract for a weekly rate that exceeds the state general apportionment dollars calculated on a weekly basis generated by the child and received by the district. A school district shall not be required to enter into a contract that is longer than the remainder of the school year. A school district shall not be required to enter into or continue a contract if the child is no longer enrolled in the district; (d) Be referred to a community truancy board, if available; or (e) Submit to testing for the use of controlled substances or alcohol based on a determination that such testing is appropriate to the circumstances and behavior of the child and will facilitate the child’s compliance with the mandatory attendance law and, if any test ordered under this subsection indicates the use of controlled substances or alcohol, order the minor to abstain from the unlawful consumption of controlled substances or alcohol and adhere to the recommendations of the drug assessment at no expense to the school. (2) If the child fails to comply with the court order, the court may order the child to be subject to detention, as provided in RCW 7.21.030(2)(e), or may impose alternatives to detention such as community restitution. Failure by a child to 28A.225.090 [Title 28A RCW—page 62] comply with an order issued under this subsection shall not be subject to detention for a period greater than that permitted pursuant to a civil contempt proceeding against a child under chapter 13.32A RCW. (3) Any parent violating any of the provisions of either RCW 28A.225.010, 28A.225.015, or 28A.225.080 shall be fined not more than twenty-five dollars for each day of unexcused absence from school. The court shall remit fifty percent of the fine collected under this section to the child’s school district. It shall be a defense for a parent charged with violating RCW 28A.225.010 to show that he or she exercised reasonable diligence in attempting to cause a child in his or her custody to attend school or that the child’s school did not perform its duties as required in RCW 28A.225.020. The court may order the parent to provide community restitution instead of imposing a fine. Any fine imposed pursuant to this section may be suspended upon the condition that a parent charged with violating RCW 28A.225.010 shall participate with the school and the child in a supervised plan for the child’s attendance at school or upon condition that the parent attend a conference or conferences scheduled by a school for the purpose of analyzing the causes of a child’s absence. (4) If a child continues to be truant after entering into a court-approved order with the truancy board under RCW 28A.225.035, the juvenile court shall find the child in contempt, and the court may order the child to be subject to detention, as provided in RCW 7.21.030(2)(e), or may impose alternatives to detention such as meaningful community restitution. Failure by a child to comply with an order issued under this subsection may not subject a child to detention for a period greater than that permitted under a civil contempt proceeding against a child under chapter 13.32A RCW. (5) Subsections (1), (2), and (4) of this section shall not apply to a six or seven year-old child required to attend public school under RCW 28A.225.015. [2008 c 171 § 1; 2002 c 175 § 29. Prior: 2000 c 162 § 15; 2000 c 162 § 6; 2000 c 61 § 1; 1999 c 319 § 4; 1998 c 296 § 39; 1997 c 68 § 2; prior: 1996 c 134 § 6; 1996 c 133 § 32; 1995 c 312 § 74; 1992 c 205 § 204; 1990 c 33 § 226; 1987 c 202 § 189; 1986 c 132 § 5; 1979 ex.s. c 201 § 6; 1969 ex.s. c 223 § 28A.27.100; prior: 1909 c 97 p 365 § 3; RRS § 5074; prior: 1907 c 231 § 3; 1905 c 162 § 3. Formerly RCW 28A.27.100, 28.27.100.] Effective date—2002 c 175: See note following RCW 7.80.130. Effective date—2000 c 162 §§ 11-17: See note following RCW 13.32A.060. Findings—Intent—1998 c 296 §§ 36-39: See note following RCW 7.21.030. Findings—Intent—Part headings not law—Short title—1998 c 296: See notes following RCW 74.13.025. Findings—Short title—Intent—Construction—1996 c 133: See notes following RCW 13.32A.197. Short title—1995 c 312: See note following RCW 13.32A.010. Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010. Intent—1987 c 202: See note following RCW 2.04.190. 28A.225.095 Authority of court commissioners and family law commissioners to hear cases under this chapter. In any judicial district having a court commissioner, the court commissioner shall have the power, authority, and jurisdiction, concurrent with a juvenile court judge, to hear 28A.225.095 (2008 Ed.) Compulsory School Attendance and Admission all cases under RCW 28A.225.030, 28A.225.090, and 28A.225.035 and to enter judgment and make orders with the same power, force, and effect as any judge of the juvenile court, subject to motion or demand by any party within ten days from the entry of the order or judgment by the court commissioner as provided in RCW 2.24.050. In any judicial district having a family law commissioner appointed pursuant to chapter 26.12 RCW, the family law commissioner shall have the power, authority, and jurisdiction, concurrent with a juvenile court judge, to hear cases under RCW 28A.225.030, 28A.225.090, and 28A.225.035 and to enter judgment and make orders with the same power, force, and effect as any judge of the juvenile court, subject to motion or demand by any party within ten days from the entry of the order or judgment by the court commissioner as provided in RCW 2.24.050. [1995 c 312 § 71.] Effective dates—1995 c 312 §§ 71 and 82: "(1) Section 71 of this act shall take effect September 1, 1995. (2) Section 82 of this act shall take effect September 1, 1996." [1995 c 312 § 85.] Short title—1995 c 312: See note following RCW 13.32A.010. 28A.225.110 Fines applied to support of schools. Notwithstanding the provisions of RCW 10.82.070, fifty percent of all fines except as otherwise provided in RCW 28A.225.010 through 28A.225.140 shall be applied to the support of the public schools in the school district where such offense was committed: PROVIDED, That all fees, fines, forfeitures, and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW, and fifty percent shall be paid to the county treasurer who shall deposit such amount to the credit of the courts in the county for the exclusive purpose of enforcing the provisions of RCW 28A.225.010 through 28A.225.140. [1995 c 312 § 75; 1990 c 33 § 228; 1987 c 202 § 191; 1969 ex.s. c 199 § 54; 1969 ex.s. c 223 § 28A.27.104. Prior: 1909 c 97 p 368 § 11; RRS § 5082; prior: 1907 c 231 § 12; 1905 c 162 § 11. Formerly RCW 28A.27.104, 28.27.104, 28.27.100, part.] 28A.225.110 Short title—1995 c 312: See note following RCW 13.32A.010. Intent—1987 c 202: See note following RCW 2.04.190. 28A.225.115 Educational services—Funding for children referred to community truancy board. The superintendent of public instruction, subject to available funding, shall allocate funds to provide educational services for children who have been referred to a community truancy board or to the courts under RCW 28A.225.030. The funds shall be used on behalf of such children for enrollment in skill centers, education centers, alternative programs, and in other public or private educational programs. Decisions regarding the expenditure of the funds shall be made by the community truancy board or the courts, whichever is applicable. The amount of the assistance for each child shall be determined in accordance with the omnibus appropriations act. These funds shall be in excess of any other funds provided through RCW 28A.150.260 as basic education and other state, federal, or local sources. [1996 c 134 § 11.] 28A.225.115 28A.225.140 Enforcing officers not personally liable for costs. No officer performing any duty under any of the 28A.225.140 (2008 Ed.) 28A.225.151 provisions of RCW 28A.225.010 through 28A.225.140, or under the provisions of any rules that may be passed in pursuance hereof, shall in any wise become liable for any costs that may accrue in the performance of any duty prescribed by RCW 28A.225.010 through 28A.225.140. [1990 c 33 § 231; 1969 ex.s. c 223 § 28A.27.130. Prior: 1909 c 97 p 368 § 12; RRS § 5083; prior: 1907 c 231 § 13; 1905 c 162 § 12. Formerly RCW 28A.27.130, 28.27.130.] 28A.225.151 28A.225.151 Reports. (1) As required under subsection (2) of this section, each school shall document the actions taken under RCW 28A.225.030 and report this information to the school district superintendent who shall compile the data for all the schools in the district and prepare an annual school district report for each school year and submit the report to the superintendent of public instruction. The reports shall be made upon forms furnished by the superintendent of public instruction and shall be transmitted as determined by the superintendent of public instruction. (2) The reports under subsection (1) of this section shall include: (a) The number of enrolled students and the number of unexcused absences; (b) Documentation of the steps taken by the school district under each subsection of RCW 28A.225.020 at the request of the superintendent of public instruction. Each year, by May 1st, the superintendent of public instruction shall select ten school districts to submit the report at the end of the following school year. The ten districts shall represent different areas of the state and be of varied sizes. In addition, the superintendent of public instruction shall require any district that fails to keep appropriate records to submit a full report to the superintendent of public instruction under this subsection. All school districts shall document steps taken under RCW 28A.225.020 in each student’s record, and make those records available upon request consistent with the laws governing student records; (c) The number of enrolled students with ten or more unexcused absences in a school year or five or more unexcused absences in a month during a school year; (d) A description of any programs or schools developed to serve students who have had five or more unexcused absences in a month or ten in a year including information about the number of students in the program or school and the number of unexcused absences of students during and after participation in the program. The school district shall also describe any placements in an approved private nonsectarian school or program or certified program under a court order under RCW 28A.225.090; and (e) The number of petitions filed by a school district with the juvenile court. (3) A report required under this section shall not disclose the name or other identification of a child or parent. (4) The superintendent of public instruction shall collect these reports from all school districts and prepare an annual report for each school year to be submitted to the legislature no later than December 15th of each year. [1996 c 134 § 5; 1995 c 312 § 72.] Short title—1995 c 312: See note following RCW 13.32A.010. [Title 28A RCW—page 63] 28A.225.160 Title 28A RCW: Common School Provisions 28A.225.160 Qualification for admission to district’s schools—Fees for preadmission screening. Except as otherwise provided by law, it is the general policy of the state that the common schools shall be open to the admission of all persons who are five years of age and less than twenty-one years residing in that school district. Except as otherwise provided by law or rules adopted by the superintendent of public instruction, districts may establish uniform entry qualifications, including but not limited to birth date requirements, for admission to kindergarten and first grade programs of the common schools. Such rules may provide for exceptions based upon the ability, or the need, or both, of an individual student. For the purpose of complying with any rule adopted by the superintendent of public instruction that authorizes a preadmission screening process as a prerequisite to granting exceptions to the uniform entry qualifications, a school district may collect fees to cover expenses incurred in the administration of any preadmission screening process: PROVIDED, That in so establishing such fee or fees, the district shall adopt regulations for waiving and reducing such fees in the cases of those persons whose families, by reason of their low income, would have difficulty in paying the entire amount of such fees. [2006 c 263 § 703; 1999 c 348 § 5; 1986 c 166 § 1; 1979 ex.s. c 250 § 4; 1977 ex.s. c 359 § 14; 1969 ex.s. c 223 § 28A.58.190. Prior: 1909 c 97 p 261 § 1, part; RRS § 4680, part; prior: 1897 c 118 § 64, part; 1890 p 371 § 44, part. Formerly RCW 28A.58.190, 28.58.190 part, 28.01.060.] 28A.225.160 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Intent—1999 c 348: See note following RCW 28A.205.010. Effective date—Severability—1979 ex.s. c 250: See notes following RCW 28A.150.220. Effective date—Severability—1977 ex.s. c 359: See notes following RCW 28A.150.200. Basic Education Act, RCW 28A.225.160 as part of: RCW 28A.150.200. 28A.225.170 Admission to schools—Children on United States reservations—Idaho residents with Washington addresses. (1) Any child who is of school age and otherwise eligible residing within the boundaries of any military, naval, lighthouse, or other United States reservation, national park, or national forest or residing upon rented or leased undeeded lands within any Indian reservation within the state of Washington, shall be admitted to the public school, or schools, of any contiguous district without payment of tuition: PROVIDED, That the United States authorities in charge of such reservation or park shall cooperate fully with state, county, and school district authorities in the enforcement of the laws of this state relating to the compulsory attendance of children of school age, and all laws relating to and regulating school attendance. (2) Any child who is of school age and otherwise eligible, residing in a home that is located in Idaho but that has a Washington address for the purposes of the United States postal service, shall be admitted, without payment of tuition, to the nearest Washington school district and shall be considered a resident student for state apportionment and all other purposes. [2003 c 411 § 1; 1969 ex.s. c 223 § 28A.58.210. Prior: 1945 c 141 § 10; 1933 c 28 § 10; 1925 ex.s. c 93 § 1; 28A.225.170 [Title 28A RCW—page 64] Rem. Supp. 1945 § 4680-1. Formerly RCW 28A.58.210, 28.58.210, 28.27.140.] 28A.225.200 Education of pupils in another district—Limitation as to state apportionment—Exemption. (1) A local district may be authorized by the educational service district superintendent to transport and educate its pupils in other districts for one year, either by payment of a compensation agreed upon by such school districts, or under other terms mutually satisfactory to the districts concerned when this will afford better educational facilities for the pupils and when a saving may be effected in the cost of education: PROVIDED, That notwithstanding any other provision of law, the amount to be paid by the state to the resident school district for apportionment purposes and otherwise payable pursuant to RCW 28A.150.100, 28A.150.250 through 28 A.15 0.2 90 , 2 8A.1 50 .3 5 0 th ro ug h 2 8A.1 50 .4 1 0, 28A.160.150 through 28A.160.200, *28A.160.220, 28A.300.170, and 28A.500.010 shall not be greater than the regular apportionment for each high school student of the receiving district. Such authorization may be extended for an additional year at the discretion of the educational service district superintendent. (2) Subsection (1) of this section shall not apply to districts participating in a cooperative project established under RCW 28A.340.030 which exceeds two years in duration. [1990 c 33 § 234; 1988 c 268 § 6; 1979 ex.s. c 140 § 1; 1975 1st ex.s. c 275 § 111; 1969 ex.s. c 176 § 141; 1969 ex.s. c 223 § 28A.58.225. Prior: 1965 ex.s. c 154 § 10. Formerly RCW 28A.58.225, 28.24.110.] 28A.225.200 *Reviser’s note: RCW 28A.160.220 was recodified as RCW 28A.300.035 pursuant to 1994 c 113 § 2. Findings—Severability—1988 c 268: See notes following RCW 28A.340.010. Severability—1979 ex.s. c 140: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 140 § 4.] Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010. 28A.225.210 Admission of district pupils tuition free. Every school district shall admit on a tuition free basis all persons of school age who reside within this state, and do not reside within another school district carrying the grades for which they are eligible to enroll: PROVIDED, That nothing in this section shall be construed as affecting RCW 28A.225.220 or 28A.225.250. [1990 c 33 § 235; 1983 c 3 § 37; 1969 c 130 § 9; 1969 ex.s. c 223 § 28A.58.230. Prior: 1917 c 21 § 9; RRS § 4718. Formerly RCW 28A.58.230, 28.58.230.] 28A.225.210 Designation of high school district nonhigh district students shall attend— Effect when attendance otherwise: RCW 28A.540.110. Education of children with disabilities: RCW 28A.155.050. 28A.225.215 Enrollment of children without legal residences. (1) A school district shall not require proof of residency or any other information regarding an address for any child who is eligible by reason of age for the services of the school district if the child does not have a legal residence. 28A.225.215 (2008 Ed.) Compulsory School Attendance and Admission 28A.225.225 (2) A school district shall enroll a child without a legal residence under subsection (1) of this section at the request of the child or parent or guardian of the child. [1989 c 118 § 1. Formerly RCW 28A.58.235.] Severability—1990 1st ex.s. c 9: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1990 1st ex.s. c 9 § 502.] 28A.225.220 Adults, children from other districts, agreements for attending school—Tuition. (1) Any board of directors may make agreements with adults choosing to attend school, and may charge the adults reasonable tuition. (2) A district is strongly encouraged to honor the request of a parent or guardian for his or her child to attend a school in another district or the request of a parent or guardian for his or her child to transfer as a student receiving home-based instruction. (3) A district shall release a student to a nonresident district that agrees to accept the student if: (a) A financial, educational, safety, or health condition affecting the student would likely be reasonably improved as a result of the transfer; or (b) Attendance at the school in the nonresident district is more accessible to the parent’s place of work or to the location of child care; or (c) There is a special hardship or detrimental condition. (4) A district may deny the request of a resident student to transfer to a nonresident district if the release of the student would adversely affect the district’s existing desegregation plan. (5) For the purpose of helping a district assess the quality of its education program, a resident school district may request an optional exit interview or questionnaire with the parents or guardians of a child transferring to another district. No parent or guardian may be forced to attend such an interview or complete the questionnaire. (6) Beginning with the 1993-94 school year, school districts may not charge transfer fees or tuition for nonresident students enrolled under subsection (3) of this section and RCW 28A.225.225. Reimbursement of a high school district for cost of educating high school pupils of a nonhigh school district shall not be deemed a transfer fee as affecting the apportionment of current state school funds. [1995 c 335 § 602; 1995 c 52 § 2; 1993 c 336 § 1008; 1990 1st ex.s. c 9 § 201; 1969 c 130 § 10; 1969 ex.s. c 223 § 28A.58.240. Prior: 1963 c 47 § 2; prior: 1921 c 44 § 1, part; 1899 c 142 § 8, part; RRS § 4780, part. Formerly RCW 28A.58.240, 28.58.240.] 28A.225.225 Applications from nonresident students or students receiving home-based instruction to attend district school—School employees’ children—Acceptance and rejection standards—Notification. (1) Except for students who reside out-of-state, a district shall accept applications from nonresident students who are the children of fulltime certificated and classified school employees, and those children shall be permitted to enroll: (a) At the school to which the employee is assigned; (b) At a school forming the district’s K through 12 continuum which includes the school to which the employee is assigned; or (c) At a school in the district that provides early intervention services pursuant to RCW 28A.155.065 or preschool services pursuant to RCW 28A.155.070, if the student is eligible for such services. (2) A district may reject applications under this section if: (a) The student’s disciplinary records indicate a history of convictions for offenses or crimes, violent or disruptive behavior, or gang membership; (b) The student has been expelled or suspended from a public school for more than ten consecutive days. Any policy allowing for readmission of expelled or suspended students under this subsection (2)(b) must apply uniformly to both resident and nonresident applicants; or (c) Enrollment of a child under this section would displace a child who is a resident of the district, except that if a child is admitted under subsection (1) of this section, that child shall be permitted to remain enrolled at that school, or in that district’s kindergarten through twelfth grade continuum, until he or she has completed his or her schooling. (3) Except as provided in subsection (1) of this section, all districts accepting applications from nonresident students or from students receiving home-based instruction for admission to the district’s schools shall consider equally all applications received. Each school district shall adopt a policy establishing rational, fair, and equitable standards for acceptance and rejection of applications by June 30, 1990. The policy may include rejection of a nonresident student if: (a) Acceptance of a nonresident student would result in the district experiencing a financial hardship; (b) The student’s disciplinary records indicate a history of convictions for offenses or crimes, violent or disruptive behavior, or gang membership; or (c) The student has been expelled or suspended from a public school for more than ten consecutive days. Any policy allowing for readmission of expelled or suspended students under this subsection (3)(c) must apply uniformly to both resident and nonresident applicants. For purposes of subsections (2)(a) and (3)(b) of this section, "gang" means a group which: (i) Consists of three or more persons; (ii) has identifiable leadership; and (iii) on an ongoing basis, regularly conspires and acts in concert mainly for criminal purposes. Education of children with disabilities: RCW 28A.155.040, 28A.155.050. 28A.225.220 Reviser’s note: This section was amended by 1995 c 52 § 2 and by 1995 c 335 § 602, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360. Findings—Intent—Part headings not law—1993 c 336: See notes following RCW 28A.150.210. Findings—1993 c 336: See note following RCW 28A.150.210. Finding—1990 1st ex.s. c 9: "The legislature finds that academic achievement of Washington students can and should be improved. The legislature further finds that student success depends, in large part, on increased parental involvement in their children’s education. In order to take another step toward improving education in Washington, it is the purpose of this act to enhance the ability of parents to exercise choice in where they prefer their children attend school; inform parents of their options under local policies and state law for the intradistrict and interdistrict enrollment of their children; and provide additional program opportunities for secondary students." [1990 1st ex.s. c 9 § 101.] (2008 Ed.) 28A.225.225 [Title 28A RCW—page 65] 28A.225.230 Title 28A RCW: Common School Provisions (4) The district shall provide to applicants written notification of the approval or denial of the application in a timely manner. If the application is rejected, the notification shall include the reason or reasons for denial and the right to appeal under RCW 28A.225.230(3). [2008 c 192 § 1; 2003 c 36 § 1; 1999 c 198 § 2; 1997 c 265 § 3; 1995 c 52 § 3; 1994 c 293 § 1; 1990 1st ex.s. c 9 § 203.] Severability—1997 c 265: See note following RCW 13.40.160. Captions, headings not law—1990 1st ex.s. c 9: "Part headings and section headings do not constitute any part of the law." [1990 1st ex.s. c 9 § 501.] Finding—Severability—1990 1st ex.s. c 9: See notes following RCW 28A.225.220. 28A.225.230 Appeal from certain decisions to deny student’s request to attend nonresident district—Procedure. (1) The decision of a school district within which a student under the age of twenty-one years resides or of a school district within which such a student under the age of twentyone years was last enrolled and is considered to be a resident for attendance purposes by operation of law, to deny such student’s request for release to a nonresident school district pursuant to RCW 28A.225.220 may be appealed to the superintendent of public instruction or his or her designee: PROVIDED, That the school district of proposed transfer is willing to accept the student. (2) The superintendent of public instruction or his or her designee shall hear the appeal and examine the evidence. The superintendent of public instruction may order the resident district to release such a student who is under the age of twenty-one years if the requirements of RCW 28A.225.220 have been met. The decision of the superintendent of public instruction may be appealed to superior court pursuant to chapter 34.05 RCW, the administrative procedure act, as now or hereafter amended. (3) The decision of a school district to deny the request for accepting the transfer of a nonresident student under RCW 28A.225.225 may be appealed to the superintendent of public instruction or his or her designee. The superintendent or his or her designee shall hear the appeal and examine the evidence. The superintendent of public instruction may order the district to accept the nonresident student if the district did not comply with the standards and procedures adopted under RCW 28A.225.225. The decision of the superintendent of public instruction may be appealed to the superior court under chapter 34.05 RCW. [1990 1st ex.s. c 9 § 204; 1990 c 33 § 236; 1977 c 50 § 1; 1975 1st ex.s. c 66 § 1. Formerly RCW 28A.58.242.] 28A.225.230 Finding—Severability—1990 1st ex.s. c 9: See notes following RCW 28A.225.220. Severability—1975 1st ex.s. c 66: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975 1st ex.s. c 66 § 4.] Designation of high school district nonhigh district students shall attend— Effect when attendance otherwise: RCW 28A.540.110. 28A.225.240 Apportionment credit. If a student under the age of twenty-one years is allowed to enroll in any common school outside the school district within which the student resides or a school district of which the student is considered to be a resident for attendance purposes by operation 28A.225.240 [Title 28A RCW—page 66] of law, the student’s attendance shall be credited to the nonresident school district of enrollment for state apportionment and all other purposes. [1975 1st ex.s. c 66 § 2. Formerly RCW 28A.58.243.] Severability—1975 1st ex.s. c 66: See note following RCW 28A.225.230. 28A.225.250 Cooperative programs among school districts—Rules. (1) The state superintendent of public instruction is directed and authorized to develop and adopt rules governing cooperative programs between and among school districts and educational service districts that the superintendent deems necessary to assure: (a) Correct calculation of state apportionment payments; (b) Proper budgeting and accounting for interdistrict cooperative program revenues and expenditures; (c) Reporting of student, personnel, and fiscal data to meet state needs; and (d) Protection of the right of residents of Washington under twenty-one years of age to a tuition-free program of basic education. (2) Unless specifically authorized in law, interdistrict cooperative programs shall not be designed to systematically increase state allocation above amounts required if services were provided by the resident school district. [1995 c 335 § 603; 1969 c 130 § 11. Formerly RCW 28A.58.243.] 28A.225.250 Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360. Education of children with disabilities: RCW 28A.155.040, 28A.155.050. 28A.225.260 Reciprocity exchanges with other states. If the laws of another state permit its school districts to extend similar privileges to pupils resident in this state, the board of directors of any school district contiguous to a school district in such other state may make agreements with the officers of the school district of that state for the attendance of any pupils resident therein upon the payment of tuition. If a district accepts out-of-state pupils whose resident district is contiguous to a Washington school district, such district shall charge and collect the cost for educating such pupils and shall not include such out-of-state pupils in the computation of the district’s share of state and/or county funds. The board of directors of any school district which is contiguous to a school district in another state may make agreements for and pay tuition for any children of their district desiring to attend school in the contiguous district of the other state. The tuition to be paid for the attendance of resident pupils in an out-of-state school as provided in this section shall be no greater than the cost of educating such elementary or secondary pupils, as the case may be, in the outof-state educating district. [1969 ex.s. c 223 § 28A.58.250. Prior: 1963 c 47 § 3; prior: 1921 c 44 § 1, part; 1899 c 142 § 8, part; RRS § 4780, part. Formerly RCW 28A.58.250, 28.58.250.] 28A.225.260 Education of children with disabilities: RCW 28A.155.040. 28A.225.270 Intradistrict enrollment options policies. (1) Each school district in the state shall adopt and 28A.225.270 (2008 Ed.) Compulsory School Attendance and Admission implement a policy allowing intradistrict enrollment options no later than June 30, 1990. Each district shall establish its own policy establishing standards on how the intradistrict enrollment options will be implemented. (2) A district shall permit the children of full-time certificated and classified school employees to enroll at: (a) The school to which the employee is assigned; (b) A school forming the district’s K through 12 continuum which includes the school to which the employee is assigned; or (c) A school in the district that provides early intervention services pursuant to RCW 28A.155.065 or preschool services pursuant to RCW 28A.155.070, if the student is eligible for such services. (3) For the purposes of this section, "full-time employees" means employees who are employed for the full number of hours and days for their job description. [2008 c 192 § 2; 2003 c 36 § 2; 1990 1st ex.s. c 9 § 205.] Captions, headings not law—1990 1st ex.s. c 9: See note following RCW 28A.225.225. Finding—Severability—1990 1st ex.s. c 9: See notes following RCW 28A.225.220. 28A.225.280 Transfer students’ eligibility for extracurricular activities. Eligibility of transfer students under RCW 28A.225.220 and 28A.225.225 for participation in extracurricular activities shall be subject to rules adopted by the Washington interscholastic activities association. [2006 c 263 § 903; 1990 1st ex.s. c 9 § 206.] 28A.225.280 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Captions, headings not law—1990 1st ex.s. c 9: See note following RCW 28A.225.225. Finding—Severability—1990 1st ex.s. c 9: See notes following RCW 28A.225.220. 28A.225.290 Enrollment options information booklet. (1) The superintendent of public instruction shall prepare and annually distribute an information booklet outlining parents’ and guardians’ enrollment options for their children. (2) Before the 1991-92 school year, the booklet shall be distributed to all school districts by the office of the superintendent of public instruction. School districts shall have a copy of the information booklet available for public inspection at each school in the district, at the district office, and in public libraries. (3) The booklet shall include: (a) Information about enrollment options and program opportunities, including but not limited to programs in RCW 28 A.22 5.2 20 , 2 8A.1 85 .0 40 , 28 A.2 2 5. 20 0 th r ou gh 28 A.22 5.2 15 , 2 8A.2 25 .2 30 th ro ug h 2 8A.2 25 .2 50 , *28A.175.090, 28A.340.010 through 28A.340.070 (small high school cooperative projects), and 28A.335.160. (b) Information about the running start - community college or vocational-technical institute choice program under RCW 28A.600.300 through **28A.600.395; and (c) Information about the seventh and eighth grade choice program under RCW 28A.230.090. [1990 1st ex.s. c 9 § 207.] 28A.225.290 Reviser’s note: *(1) RCW 28A.175.090 expired December 31, 1994. **(2) RCW 28A.600.395 was repealed by 1994 c 205 § 12. (2008 Ed.) 28A.225.330 Captions, headings not law—1990 1st ex.s. c 9: See note following RCW 28A.225.225. Finding—Severability—1990 1st ex.s. c 9: See notes following RCW 28A.225.220. 28A.225.300 Enrollment options information to parents. Each school district board of directors annually shall inform parents of the district’s intradistrict and interdistrict enrollment options and parental involvement opportunities. Information on intradistrict enrollment options and interdistrict acceptance policies shall be provided to nonresidents on request. [1990 1st ex.s. c 9 § 208.] 28A.225.300 Captions, headings not law—1990 1st ex.s. c 9: See note following RCW 28A.225.225. Finding—Severability—1990 1st ex.s. c 9: See notes following RCW 28A.225.220. 28A.225.310 Attendance in school district of choice—Impact on existing cooperative arrangements. Any school district board of directors may make arrangements with the board of directors of other districts for children to attend the school district of choice. Nothing under RCW 28A.225.220 and 28A.225.225 is intended to adversely affect agreements between school districts in effect on April 11, 1990. [1990 1st ex.s. c 9 § 209.] 28A.225.310 Captions, headings not law—1990 1st ex.s. c 9: See note following RCW 28A.225.225. Finding—Severability—1990 1st ex.s. c 9: See notes following RCW 28A.225.220. 28A.225.330 Enrolling students from other districts—Requests for information and permanent records—Withheld transcripts—Immunity from liability—Notification to teachers and security personnel— Rules. (1) When enrolling a student who has attended school in another school district, the school enrolling the student may request the parent and the student to briefly indicate in writing whether or not the student has: (a) Any history of placement in special educational programs; (b) Any past, current, or pending disciplinary action; (c) Any history of violent behavior, or behavior listed in RCW 13.04.155; (d) Any unpaid fines or fees imposed by other schools; and (e) Any health conditions affecting the student’s educational needs. (2) The school enrolling the student shall request the school the student previously attended to send the student’s permanent record including records of disciplinary action, history of violent behavior or behavior listed in RCW 13.04.155, attendance, immunization records, and academic performance. If the student has not paid a fine or fee under RCW 28A.635.060, or tuition, fees, or fines at approved private schools the school may withhold the student’s official transcript, but shall transmit information about the student’s academic performance, special placement, immunization records, records of disciplinary action, and history of violent behavior or behavior listed in RCW 13.04.155. If the official transcript is not sent due to unpaid tuition, fees, or fines, the enrolling school shall notify both the student and parent or 28A.225.330 [Title 28A RCW—page 67] Chapter 28A.230 Title 28A RCW: Common School Provisions guardian that the official transcript will not be sent until the obligation is met, and failure to have an official transcript may result in exclusion from extracurricular activities or failure to graduate. (3) If information is requested under subsection (2) of this section, the information shall be transmitted within two school days after receiving the request and the records shall be sent as soon as possible. Any school district or district employee who releases the information in compliance with this section is immune from civil liability for damages unless it is shown that the school district employee acted with gross negligence or in bad faith. The professional educator standards board shall provide by rule for the discipline under chapter 28A.410 RCW of a school principal or other chief administrator of a public school building who fails to make a good faith effort to assure compliance with this subsection. (4) Any school district or district employee who releases the information in compliance with federal and state law is immune from civil liability for damages unless it is shown that the school district or district employee acted with gross negligence or in bad faith. (5) When a school receives information under this section or RCW 13.40.215 that a student has a history of disciplinary actions, criminal or violent behavior, or other behavior that indicates the student could be a threat to the safety of educational staff or other students, the school shall provide this information to the student’s teachers and security personnel. [2006 c 263 § 805; 1999 c 198 § 3; 1997 c 266 § 4. Prior: 1995 c 324 § 2; 1995 c 311 § 25; 1994 c 304 § 2.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Findings—Intent—Severability—1997 c 266: See notes following RCW 28A.600.455. Effective date—1994 c 304: See note following RCW 28A.635.060. Chapter 28A.230 RCW COMPULSORY COURSE WORK AND ACTIVITIES Chapter 28A.230 Sections 28A.230.010 28A.230.020 28A.230.030 28A.230.040 28A.230.050 28A.230.060 28A.230.070 28A.230.080 28A.230.090 28A.230.092 28A.230.095 28A.230.097 28A.230.100 28A.230.120 28A.230.125 Course content requirements—Duties of school district boards of directors. Common school curriculum. Students taught in English language—Exception. Physical education in grades one through eight. Physical education in high schools. Waiver of course of study in Washington’s history and government. AIDS education in public schools—Limitations—Program adoption—Model curricula—Student’s exclusion from participation. Prevention of child abuse and neglect—Written policy— Participation in and establishment of programs. High school graduation requirements or equivalencies— Reevaluation and report by state board of education— Credit for courses taken before attending high school—Postsecondary credit equivalencies. Washington state history and government—Course content. Essential academic learning requirements and assessments. Career and technical high school course equivalencies. Rules implementing RCW 28A.230.090—Temporary exemptions and special alterations from requirements—Competency testing. High school diplomas—Issuance—Option to receive final transcripts—Notice. Development of standardized high school transcripts— School districts to inform students of importance. [Title 28A RCW—page 68] 28A.230.130 28A.230.140 28A.230.150 28A.230.158 28A.230.160 28A.230.170 28A.230.180 28A.230.185 28A.230.195 28A.230.205 28A.230.250 Program to help students meet minimum entrance requirements at baccalaureate-granting institutions or to pursue career or other opportunities—Exceptions. United States flag—Procurement, display, exercises— National anthem. Temperance and Good Citizenship Day—Aids in programming. Disability history month—Activities. Educational activities in observance of Veterans’ Day. Study of constitutions compulsory—Rules. Educational and career opportunities in the military, student access to information on, when. Family preservation education program. Test or assessment scores—Adjustments to instructional practices—Notification to parents. Financial literary skills—Duties of the superintendent of public instruction and of school districts. Coordination of procedures and content of assessments. AIDS prevention education: Chapter 70.24 RCW. 28A.230.010 Course content requirements—Duties of school district boards of directors. School district boards of directors shall identify and offer courses with content that meet or exceed: (1) The basic education skills identified in RCW 28A.150.210; (2) the graduation requirements under RCW 28A.230.090; (3) the courses required to meet the minimum college entrance requirements under RCW 28A.230.130; and (4) the course options for career development under RCW 28A.230.130. Such courses may be applied or theoretical, academic, or vocational. [2003 c 49 § 1; 1990 c 33 § 237; 1984 c 278 § 2. Formerly RCW 28A.05.005.] 28A.230.010 Severability—1984 c 278: See note following RCW 28A.185.010. 28A.230.020 Common school curriculum. All common schools shall give instruction in reading, penmanship, orthography, written and mental arithmetic, geography, the history of the United States, English grammar, physiology and hygiene with special reference to the effects of alcohol and drug abuse on the human system, science with special reference to the environment, and such other studies as may be prescribed by rule of the superintendent of public instruction. All teachers shall stress the importance of the cultivation of manners, the fundamental principles of honesty, honor, industry and economy, the minimum requisites for good health including the beneficial effect of physical exercise and methods to prevent exposure to and transmission of sexually transmitted diseases, and the worth of kindness to all living creatures and the land. The prevention of child abuse may be offered as part of the curriculum in the common schools. [2006 c 263 § 414; 1991 c 116 § 6; 1988 c 206 § 403; 1987 c 232 § 1; 1986 c 149 § 4; 1969 c 71 § 3; 1969 ex.s. c 223 § 28A.05.010. Prior: 1909 p 262 § 2; RRS § 4681; prior: 1897 c 118 § 65; 1895 c 5 § 1; 1890 p 372 § 45; 1886 p 19 § 52. Formerly RCW 28A.05.010, 28.05.010, and 28.05.020.] 28A.230.020 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Effective date—1988 c 206 §§ 402, 403: See note following RCW 28A.230.070. Severability—1988 c 206: See RCW 70.24.900. Child abuse and neglect—Development of primary prevention program: RCW 28A.300.160. Districts to develop programs and establish programs regarding child abuse and neglect prevention: RCW 28A.230.080. (2008 Ed.) Compulsory Course Work and Activities 28A.230.030 Students taught in English language— Exception. All students in the common schools of the state of Washington shall be taught in the English language: PROVIDED, That nothing in this section shall preclude the teaching of students in a language other than English when such instruction will aid the educational advancement of the student. [1969 c 71 § 4. Formerly RCW 28A.05.015.] 28A.230.030 28A.230.040 Physical education in grades one through eight. Every pupil attending grades one through eight of the public schools shall receive instruction in physical education as prescribed by rule of the superintendent of public instruction: PROVIDED, That individual pupils or students may be excused on account of physical disability, religious belief, or participation in directed athletics. [2006 c 263 § 415; 1984 c 52 § 1; 1969 ex.s. c 223 § 28A.05.030. Prior: 1919 c 89 § 1; RRS § 4682. Formerly RCW 28A.05.030, 28.05.030.] 28A.230.040 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.230.050 Physical education in high schools. All high schools of the state shall emphasize the work of physical education, and carry into effect all physical education requirements established by rule of the superintendent of public instruction: PROVIDED, That individual students may be excused from participating in physical education otherwise required under this section on account of physical disability, employment, or religious belief, or because of participation in directed athletics or military science and tactics or for other good cause. [2006 c 263 § 416; 1985 c 384 § 3; 1984 c 52 § 2; 1969 ex.s. c 223 § 28A.05.040. Prior: 1963 c 235 § 1, part; prior: (i) 1923 c 78 § 1, part; 1919 c 89 § 2, part; RRS § 4683, part. (ii) 1919 c 89 § 5, part; RRS § 4686, part. Formerly RCW 28A.05.040, 28.05.040, part.] 28A.230.050 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.230.060 Waiver of course of study in Washington’s history and government. Students in the twelfth grade who have not completed a course of study in Washington’s history and state government because of previous residence outside the state may have the requirement in RCW 28A.230.090 waived by their principal. [1991 c 116 § 7; 1969 ex.s. c 57 § 2; 1969 ex.s. c 223 § 28A.05.050. Prior: 1967 c 64 § 1, part; 1963 c 31 § 1, part; 1961 c 47 § 2, part; 1941 c 203 § 1, part; Rem. Supp. 1941 § 4898-3, part. Formerly RCW 28A.05.050, 28.05.050.] 28A.230.060 28A.230.070 AIDS education in public schools— Limitations—Program adoption—Model curricula— Student’s exclusion from participation. (1) The life-threatening dangers of acquired immunodeficiency syndrome (AIDS) and its prevention shall be taught in the public schools of this state. AIDS prevention education shall be limited to the discussion of the life-threatening dangers of the disease, its spread, and prevention. Students shall receive such education at least once each school year beginning no later than the fifth grade. (2) Each district board of directors shall adopt an AIDS prevention education program which is developed in consul28A.230.070 (2008 Ed.) 28A.230.070 tation with teachers, administrators, parents, and other community members including, but not limited to, persons from medical, public health, and mental health organizations and agencies so long as the curricula and materials developed for use in the AIDS education program either (a) are the model curricula and resources under subsection (3) of this section, or (b) are developed by the school district and approved for medical accuracy by the office on AIDS established in RCW 70.24.250. If a district elects to use curricula developed by the school district, the district shall submit to the office on AIDS a copy of its curricula and an affidavit of medical accuracy stating that the material in the district-developed curricula has been compared to the model curricula for medical accuracy and that in the opinion of the district the districtdeveloped materials are medically accurate. Upon submission of the affidavit and curricula, the district may use these materials until the approval procedure to be conducted by the office of AIDS has been completed. (3) Model curricula and other resources available from the superintendent of public instruction may be reviewed by the school district board of directors, in addition to materials designed locally, in developing the district’s AIDS education program. The model curricula shall be reviewed for medical accuracy by the office on AIDS established in RCW 70.24.250 within the department of social and health services. (4) Each school district shall, at least one month before teaching AIDS prevention education in any classroom, conduct at least one presentation during weekend and evening hours for the parents and guardians of students concerning the curricula and materials that will be used for such education. The parents and guardians shall be notified by the school district of the presentation and that the curricula and materials are available for inspection. No student may be required to participate in AIDS prevention education if the student’s parent or guardian, having attended one of the district presentations, objects in writing to the participation. (5) The office of the superintendent of public instruction with the assistance of the office on AIDS shall update AIDS education curriculum material as newly discovered medical facts make it necessary. (6) The curriculum for AIDS prevention education shall be designed to teach students which behaviors place a person dangerously at risk of infection with the human immunodeficiency virus (HIV) and methods to avoid such risk including, at least: (a) The dangers of drug abuse, especially that involving the use of hypodermic needles; and (b) The dangers of sexual intercourse, with or without condoms. (7) The program of AIDS prevention education shall stress the life-threatening dangers of contracting AIDS and shall stress that abstinence from sexual activity is the only certain means for the prevention of the spread or contraction of the AIDS virus through sexual contact. It shall also teach that condoms and other artificial means of birth control are not a certain means of preventing the spread of the AIDS virus and reliance on condoms puts a person at risk for exposure to the disease. [1994 c 245 § 7; 1988 c 206 § 402. Formerly RCW 28A.05.055.] [Title 28A RCW—page 69] 28A.230.080 Title 28A RCW: Common School Provisions Effective date—1988 c 206 §§ 402 and 403: "Sections 402 and 403 of this act shall take effect July 1, 1988." [1988 c 206 § 404.] Severability—1988 c 206: See RCW 70.24.900. 28A.230.080 Prevention of child abuse and neglect— Written policy—Participation in and establishment of programs. (1) Every school district board of directors shall develop a written policy regarding the district’s role and responsibility relating to the prevention of child abuse and neglect. (2) Every school district shall, within the resources available to it: (a) Participate in the primary prevention program established under RCW 28A.300.160; (b) develop and implement its own child abuse and neglect education and prevention program; or (c) continue with an existing local child abuse and neglect education and prevention program. [1990 c 33 § 238; 1987 c 489 § 6. Formerly RCW 28A.58.255.] 28A.230.080 Intent—1987 c 489: See note following RCW 28A.300.150. 28A.230.090 High school graduation requirements or equivalencies—Reevaluation and report by state board of education—Credit for courses taken before attending high school—Postsecondary credit equivalencies. (1) The state board of education shall establish high school graduation requirements or equivalencies for students, except those equivalencies established by local high schools or school districts under RCW 28A.230.097. (a) Any course in Washington state history and government used to fulfill high school graduation requirements shall consider including information on the culture, history, and government of the American Indian peoples who were the first inhabitants of the state. (b) The certificate of academic achievement requirements under RCW 28A.655.061 or the certificate of individual achievement requirements under RCW 28A.155.045 are required for graduation from a public high school but are not the only requirements for graduation. (c) Any decision on whether a student has met the state board’s high school graduation requirements for a high school and beyond plan shall remain at the local level. (2) In recognition of the statutory authority of the state board of education to establish and enforce minimum high school graduation requirements, the state board shall periodically reevaluate the graduation requirements and shall report such findings to the legislature in a timely manner as determined by the state board. The state board shall reevaluate the graduation requirements for students enrolled in vocationally intensive and rigorous career and technical education programs, particularly those programs that lead to a certificate or credential that is state or nationally recognized. The purpose of the evaluation is to ensure that students enrolled in these programs have sufficient opportunity to earn a certificate of academic achievement, complete the program and earn the program’s certificate or credential, and complete other state and local graduation requirements. The board shall reports [report] its findings and recommendations for additional flexibility in graduation requirements, if necessary, to the legislature by December 1, 2007. (3) Pursuant to any requirement for instruction in languages other than English established by the state board of education or a local school district, or both, for purposes of 28A.230.090 [Title 28A RCW—page 70] high school graduation, students who receive instruction in American sign language or one or more American Indian languages shall be considered to have satisfied the state or local school district graduation requirement for instruction in one or more languages other than English. (4) If requested by the student and his or her family, a student who has completed high school courses before attending high school shall be given high school credit which shall be applied to fulfilling high school graduation requirements if: (a) The course was taken with high school students, if the academic level of the course exceeds the requirements for seventh and eighth grade classes, and the student has successfully passed by completing the same course requirements and examinations as the high school students enrolled in the class; or (b) The academic level of the course exceeds the requirements for seventh and eighth grade classes and the course would qualify for high school credit, because the course is similar or equivalent to a course offered at a high school in the district as determined by the school district board of directors. (5) Students who have taken and successfully completed high school courses under the circumstances in subsection (4) of this section shall not be required to take an additional competency examination or perform any other additional assignment to receive credit. (6) At the college or university level, five quarter or three semester hours equals one high school credit. [2006 c 114 § 3; 2005 c 205 § 3; 2004 c 19 § 103; 1997 c 222 § 2; 1993 c 371 § 3. Prior: 1992 c 141 § 402; 1992 c 60 § 1; 1990 1st ex.s. c 9 § 301; 1988 c 172 § 1; 1985 c 384 § 2; 1984 c 278 § 6. Formerly RCW 28A.05.060.] Finding—Intent—2006 c 114: See note following RCW 28A.230.097. Inte nt —F i ndi ngs— 2 005 c 20 5: See n ot e fol l ow i ng RC W 28A.320.170. Part headings and captions not law—Severability—Effective date—2004 c 19: See notes following RCW 28A.655.061. Intent—1997 c 222: "In 1994, the legislature directed the higher education board and the state board of education to convene a task force to examine and provide recommendations on establishing credit equivalencies. In November 1994, the task force recommended unanimously that the state board of education maintain the definition of five quarter or three semester college credits as equivalent to one high school credit. Therefore, the legislature intends to adopt the recommendations of the task force." [1997 c 222 § 1.] Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040. Finding—Severability—1990 1st ex.s. c 9: See notes following RCW 28A.225.220. Severability—1984 c 278: See note following RCW 28A.320.220. 28A.230.092 Washington state history and government—Course content. Beginning with the 2009-10 school year, school districts shall ensure that any course in Washington state history and government offered to fulfill high school requirements includes, but is not limited to, the following content: (1) Commerce in Washington state and Washington’s place in a global economy; (2) The Constitution of the state of Washington and Washington state politics. Educators are encouraged to 28A.230.092 (2008 Ed.) Compulsory Course Work and Activities incorporate instruction on the meaning and history of the pledge of allegiance into existing coursework on state politics. The superintendent of public instruction shall adopt rules to provide guidance for complying with this subsection; (3) Washington state geography; and (4) Washington state history and culture. [2008 c 190 § 2.] Finding—Intent—2008 c 190: "The study of the state’s history and government is vital to providing a well-rounded education to students. It is important for students to have a firm understanding of where we have come from as a state and the institutions that guide and serve citizens of the state. It is equally important to provide students with context for the information that enables them to apply it to the present and future, with an understanding of Washington’s place in our country and the broader global community. The legislature finds that the current high school graduation requirements for coursework in Washington state history and government should be enhanced to ensure students understand the complex issues of today’s world and Washington’s place in the global community. It is therefore the intent of the legislature to modernize high school graduation requirements for coursework in Washington state history and government." [2008 c 190 § 1.] 28A.230.095 Essential academic learning requirements and assessments. (1) By the end of the 2008-09 school year, school districts shall have in place in elementary schools, middle schools, and high schools assessments or other strategies to assure that students have an opportunity to learn the essential academic learning requirements in social studies, the arts, and health and fitness. Social studies includes history, geography, civics, economics, and social studies skills. Beginning with the 2008-09 school year, school districts shall annually submit an implementation verification report to the office of the superintendent of public instruction. (2) Beginning with the 2008-09 school year, school districts shall require students in the fourth or fifth grades [grade], the seventh or eighth grades [grade], and the eleventh or twelfth grades [grade] to each complete at least one classroom-based assessment in civics. The civics assessment may be selected from a list of classroom-based assessments approved by the office of the superintendent of public instruction. Beginning with the 2008-09 school year, school districts shall annually submit implementation verification reports to the office of the superintendent of public instruction documenting the use of the classroom-based assessments in civics. [2006 c 113 § 2; 2004 c 19 § 203.] 28A.230.095 Findings—2006 c 113: "The legislature finds that instruction in social studies, arts, health, and fitness is important to ensure a well-rounded and complete education. In particular, the civic mission of schools is strengthened and enhanced by comprehensive civics education and assessments. The legislature finds that effective and accountable democratic government depends upon an informed and engaged citizenry, and therefore, students should learn their rights and responsibilities as citizens, where those rights and responsibilities come from, and how to exercise them." [2006 c 113 § 1.] Part headings and captions not law—Severability—Effective date—2004 c 19: See notes following RCW 28A.655.061. 28A.230.097 Career and technical high school course equivalencies. (1) Each high school or school district board of directors shall adopt course equivalencies for career and technical high school courses offered to students in high schools and skill centers. A career and technical course equivalency may be for whole or partial credit. Each school district board of directors shall develop a course equivalency approval procedure. 28A.230.097 (2008 Ed.) 28A.230.100 (2) Career and technical courses determined to be equivalent to academic core courses, in full or in part, by the high school or school district shall be accepted as meeting core requirements, including graduation requirements, if the courses are recorded on the student’s transcript using the equivalent academic high school department designation and title. Full or partial credit shall be recorded as appropriate. The high school or school district shall also issue and keep record of course completion certificates that demonstrate that the career and technical courses were successfully completed as needed for industry certification, college credit, or preapprenticeship, as applicable. The certificate shall be either part of the student’s high school and beyond plan or the student’s culminating project, as determined by the student. The office of the superintendent of public instruction shall develop and make available electronic samples of certificates of course completion. [2008 c 170 § 202; 2006 c 114 § 2.] Findings—Intent—Part headings not law—2008 c 170: See RCW 28A.700.005 and 28A.700.901. Finding—Intent—2006 c 114: "(1) The legislature finds that Washington’s performance-based education system should seek to provide fundamental academic knowledge and skills for all students, and to provide the opportunity for students to acquire knowledge and skills likely to contribute to their own economic well-being and that of their families and communities. (2) The legislature recognizes that career and technical options are available for students. (3) High schools or school districts should take advantage of their opportunity to offer course credits, including credits toward graduation requirements, for knowledge and skills in fundamental academic content areas that students gain in career and technical education courses. (4) Therefore the legislature intends to create a rigorous and high quality career and technical high school alternative assessment that assures students meet state standards, and also reflects nationally recognized standards for the knowledge and skills needed to pursue employment and careers in technical fields." [2006 c 114 § 1.] 28A.230.100 Rules implementing RCW 28A.230.090—Temporary exemptions and special alterations from requirements—Competency testing. The superintendent of public instruction, in consultation with the higher education coordinating board, the state board for community and technical colleges, and the workforce training and education coordinating board, shall adopt rules pursuant to chapter 34.05 RCW, to implement the course requirements set forth in RCW 28A.230.090. The rules shall include, as the superintendent deems necessary, granting equivalencies for and temporary exemptions from the course requirements in RCW 28A.230.090 and special alterations of the course requirements in RCW 28A.230.090. In developing such rules the superintendent shall recognize the relevance of vocational and applied courses and allow such courses to fulfill in whole or in part the courses required for graduation in RCW 28A.230.090, as determined by the high school or school district in accordance with RCW 28A.230.097. The rules may include provisions for competency testing in lieu of such courses required for graduation in RCW 28A.230.090 or demonstration of specific skill proficiency or understanding of concepts through work or experience. [2006 c 263 § 402; 2006 c 114 § 4; 1991 c 116 § 8; 1990 c 33 § 239; 1985 c 384 § 1. Formerly RCW 28A.05.062.] 28A.230.100 Reviser’s note: This section was amended by 2006 c 114 § 4 and by 2006 c 263 § 402, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). [Title 28A RCW—page 71] 28A.230.120 Title 28A RCW: Common School Provisions Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Finding—Intent—2006 c 114: See note following RCW 28A.230.097. 28A.230.120 High school diplomas—Issuance— Option to receive final transcripts—Notice. (1) School districts shall issue diplomas to students signifying graduation from high school upon the students’ satisfactory completion of all local and state graduation requirements. Districts shall grant students the option of receiving a final transcript in addition to the regular diploma. (2) School districts or schools of attendance shall establish policies and procedures to notify senior students of the transcript option and shall direct students to indicate their decisions in a timely manner. School districts shall make appropriate provisions to assure that students who choose to receive a copy of their final transcript shall receive such transcript after graduation. (3)(a) A school district may issue a high school diploma to a person who: (i) Is an honorably discharged member of the armed forces of the United States; and (ii) Left high school before graduation to serve in World War II, the Korean conflict, or the Vietnam era as defined in RCW 41.04.005. (b) A school district may issue a diploma to or on behalf of a person otherwise eligible under (a) of this subsection notwithstanding the fact that the person holds a high school equivalency certification or is deceased. (c) The superintendent of public instruction shall adopt a form for a diploma application to be used by a veteran or a person acting on behalf of a deceased veteran under this subsection (3). The superintendent of public instruction shall specify what constitutes acceptable evidence of eligibility for a diploma. [2008 c 185 § 1; 2003 c 234 § 1; 2002 c 35 § 1; 1984 c 178 § 2. Formerly RCW 28A.58.108.] 28A.230.120 Effective date—2003 c 234: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 12, 2003]." [2003 c 234 § 2.] High school transcripts: RCW 28A.230.125. 28A.230.125 Development of standardized high school transcripts—School districts to inform students of importance. (1) The superintendent of public instruction, in consultation with the higher education coordinating board, the state board for community and technical colleges, and the workforce training and education coordinating board, shall develop for use by all public school districts a standardized high school transcript. The superintendent shall establish clear definitions for the terms "credits" and "hours" so that school programs operating on the quarter, semester, or trimester system can be compared. (2) The standardized high school transcript shall include a notation of whether the student has earned a certificate of individual achievement or a certificate of academic achievement. (3) Transcripts are important documents to students who will apply for admission to postsecondary institutions of higher education. Transcripts are also important to students who will seek employment upon or prior to graduation from 28A.230.125 [Title 28A RCW—page 72] high school. It is recognized that student transcripts may be the only record available to employers in their decision-making processes regarding prospective employees. The superintendent of public instruction shall require school districts to inform annually all high school students that prospective employers may request to see transcripts and that the prospective employee’s decision to release transcripts can be an important part of the process of applying for employment. [2006 c 263 § 401; 2006 c 115 § 6; 2004 c 19 § 108; 1984 c 178 § 1. Formerly RCW 28A.305.220, 28A.04.155.] Reviser’s note: This section was amended by 2006 c 115 § 6 and by 2006 c 263 § 401, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Part headings and captions not law—Severability—Effective date—2004 c 19: See notes following RCW 28A.655.061. High school diplomas—Receiving final transcript optional: RCW 28A.230.120. 28A.230.130 Program to help students meet minimum entrance requirements at baccalaureate-granting institutions or to pursue career or other opportunities— Exceptions. (Effective until September 1, 2009.) (1) All public high schools of the state shall provide a program, directly or in cooperation with a community college or another school district, for students whose educational plans include application for entrance to a baccalaureate-granting institution after being granted a high school diploma. The program shall help these students to meet at least the minimum entrance requirements under RCW 28B.10.050. (2) All public high schools of the state shall provide a program, directly or in cooperation with a community or technical college, a skills center, an apprenticeship committee, or another school district, for students who plan to pursue career or work opportunities other than entrance to a baccalaureate-granting institution after being granted a high school diploma. These programs may: (a) Help students demonstrate the application of essential academic learning requirements to the world of work, occupation-specific skills, knowledge of more than one career in a chosen pathway, and employability and leadership skills; and (b) Help students demonstrate the knowledge and skill needed to prepare for industry certification, and/or have the opportunity to articulate to postsecondary education and training programs. (3) Within funds specifically appropriated therefor, a middle school that receives approval from the office of the superintendent of public instruction to provide a career and technical program directly to students shall receive funding at the same rate as a high school operating a similar program. Additionally, a middle school that provides a hands-on experience in math and science with an integrated curriculum of academic content and career and technical education, and includes a career and technical education exploratory component shall also qualify for the career and technical education funding. (4) The state board of education, upon request from local school districts, may grant waivers from the requirements to 28A.230.130 (2008 Ed.) Compulsory Course Work and Activities provide the program described in subsections (1) and (2) of this section for reasons relating to school district size and the availability of staff authorized to teach subjects which must be provided. In considering waiver requests related to programs in subsection (2) of this section, the state board of education shall consider the extent to which the school district has offered such programs before the 2003-04 school year. [2007 c 396 § 13; 2003 c 49 § 2; 1991 c 116 § 9; 1988 c 172 § 2; 1984 c 278 § 16. Formerly RCW 28A.05.070.] Expiration date—2007 c 396 § 13: "Section 13 of this act expires September 1, 2009." [2007 c 396 § 20.] Capti ons no t la w— 200 7 c 396: See no te fol lo win g RC W 28A.305.215. Finding—Intent—2007 c 396: See note following RCW 28A.300.515. Effective date—1984 c 278: "Sections 16, 18, and 19 of this act shall take effect July 1, 1986." [1984 c 278 § 23.] Severability—1984 c 278: See note following RCW 28A.185.010. 28A.230.130 Program to help students meet minimum entrance requirements at baccalaureate-granting institutions or to pursue career or other opportunities. (Effective September 1, 2009.) (1) All public high schools of the state shall provide a program, directly or in cooperation with a community college or another school district, for students whose educational plans include application for entrance to a baccalaureate-granting institution after being granted a high school diploma. The program shall help these students to meet at least the minimum entrance requirements under RCW 28B.10.050. (2) All public high schools of the state shall provide a program, directly or in cooperation with a community or technical college, a skills center, an apprenticeship committee, or another school district, for students who plan to pursue career or work opportunities other than entrance to a baccalaureate-granting institution after being granted a high school diploma. These programs may: (a) Help students demonstrate the application of essential academic learning requirements to the world of work, occupation-specific skills, knowledge of more than one career in a chosen pathway, and employability and leadership skills; and (b) Help students demonstrate the knowledge and skill needed to prepare for industry certification, and/or have the opportunity to articulate to postsecondary education and training programs. (3) Within funds specifically appropriated therefor, a middle school that receives approval from the office of the superintendent of public instruction to provide a career and technical program directly to students shall receive funding at the same rate as a high school operating a similar program. Additionally, a middle school that provides a hands-on experience in math and science with an integrated curriculum of academic content and career and technical education, and includes a career and technical education exploratory component shall also qualify for the career and technical education funding. [2007 c 396 § 14; 2006 c 263 § 407; 2003 c 49 § 2; 1991 c 116 § 9; 1988 c 172 § 2; 1984 c 278 § 16. Formerly RCW 28A.05.070.] 28A.230.130 Effective date—2007 c 396 § 14: "Section 14 of this act takes effect September 1, 2009." [2007 c 396 § 21.] (2008 Ed.) 28A.230.158 Capt ion s n ot l aw— 200 7 c 396 : See no te fol lo win g R CW 28A.305.215. Finding—Intent—2007 c 396: See note following RCW 28A.300.515. Effective date—2006 c 263 § 407: "Section 407 of this act takes effect September 1, 2009." [2006 c 263 § 1002.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Effective date—1984 c 278: "Sections 16, 18, and 19 of this act shall take effect July 1, 1986." [1984 c 278 § 23.] Severability—1984 c 278: See note following RCW 28A.185.010. 28A.230.140 United States flag—Procurement, display, exercises—National anthem. The board of directors of every school district shall cause a United States flag being in good condition to be displayed during school hours upon or near every public school plant, except during inclement weather. They shall cause appropriate flag exercises to be held in each classroom at the beginning of the school day, and in every school at the opening of all school assemblies, at which exercises those pupils so desiring shall recite the following salute to the flag: "I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all". Students not reciting the pledge shall maintain a respectful silence. The salute to the flag or the national anthem shall be rendered immediately preceding interschool events when feasible. [1981 c 130 § 1; 1969 ex.s. c 223 § 28A.02.030. Prior: (i) 1961 c 238 § 1; 1955 c 8 § 1; 1919 c 90 § 4; 1915 c 71 § 1; 1909 c 97 p 286 § 3; 1897 c 118 § 180; RRS § 4777. Formerly RCW 28.02.030. (ii) 1955 c 8 § 2; 1919 c 90 § 5; RRS § 4778. Formerly RCW 28A.02.030, 28.87.180.] 28A.230.140 Display of national and state flags: RCW 1.20.015. 28A.230.150 Temperance and Good Citizenship Day—Aids in programming. On January 16th of each year or the preceding Friday when January 16th falls on a nonschool day, there shall be observed within each public school "Temperance and Good Citizenship Day". Annually the state superintendent of public instruction shall duly prepare and publish for circulation among the teachers of the state a program for use on such day embodying topics pertinent thereto and may from year to year designate particular laws for special observance. [1969 ex.s. c 223 § 28A.02.090. Prior: (i) 1923 c 76 § 1; RRS § 4901-1. (ii) 1923 c 76 § 2; RRS § 4901-2. Formerly RCW 28A.02.090, 28.02.090, and 28.02.095.] 28A.230.150 28A.230.158 Disability history month—Activities. Annually, during the month of October, each public school shall conduct or promote educational activities that provide instruction, awareness, and understanding of disability history and people with disabilities. The activities may include, but not be limited to, school assemblies or guest speaker presentations. [2008 c 167 § 3.] 28A.230.158 Short title—2008 c 167: "This act may be known and cited as the disability history month act." [2008 c 167 § 1.] Findings—2008 c 167: "The legislature finds that annually recognizing disability history throughout our entire public educational system, from kindergarten through grade twelve and at our colleges and universities, during the month of October will help to increase awareness and understanding of the contributions that people with disabilities in our state, nation, and the [Title 28A RCW—page 73] 28A.230.160 Title 28A RCW: Common School Provisions world have made to our society. The legislature further finds that recognizing disability history will increase respect and promote acceptance and inclusion of people with disabilities. The legislature further finds that recognizing disability history will inspire students with disabilities to feel a greater sense of pride, reduce harassment and bullying, and help keep students with disabilities in school." [2008 c 167 § 2.] forces of the state and the United States for the purpose of informing students of educational and career opportunities available in the military. [1980 c 96 § 1. Formerly RCW 28A.58.535.] 28A.230.185 Family preservation education program. Each school district board of directors is encouraged to adopt a family preservation education program curriculum and offer a family preservation unit in high school. The board of directors may adopt the model curriculum developed by the superintendent of public instruction or the board may develop its own curriculum with input from the community. [2005 c 491 § 2.] 28A.230.185 28A.230.160 Educational activities in observance of Veterans’ Day. During the school week preceding the eleventh day of November of each year, there shall be presented in each common school as defined in RCW 28A.150.020 educational activities suitable to the observance of Veterans’ Day. The responsibility for the preparation and presentation of the activities approximating at least sixty minutes total throughout the week shall be with the principal or head teacher of each school building and such program shall embrace topics tending to instill a loyalty and devotion to the institutions and laws of this state and nation. The superintendent of public instruction and each educational service district superintendent, by advice and suggestion, shall aid in the preparation of these activities if such aid be solicited. [1990 c 33 § 241; 1985 c 60 § 1; 1977 ex.s. c 120 § 2; 1975 1st ex.s. c 275 § 45; 1970 ex.s. c 15 § 12. Prior: 1969 ex.s. c 283 § 24; 1969 ex.s. c 176 § 101; 1969 ex.s. c 223 § 28A.02.070; prior: 1955 c 20 § 3; prior: (i) 1939 c 21 § 1; 1921 c 56 § 1; RRS § 4899. (ii) 1921 c 56 § 2; RRS § 4900. (iii) 1921 c 56 § 3; RRS § 4901. Formerly RCW 28A.02.070, 28.02.070.] 28A.230.160 Severability—1977 ex.s. c 120: See note following RCW 4.28.080. Severability—1970 ex.s. c 15: "If any provision of this 1970 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1970 ex.s. c 15 § 32.] Effective date—1970 ex.s. c 15 § 12: "Notwithstanding any other provision of this 1970 amendatory act, the provisions of section 12 hereof shall not take effect until January 1, 1971 and only if at such time or thereafter chapter 223, Laws of 1969 ex. sess. is effective." [1970 ex.s. c 15 § 13.] Seve ra bi li ty—1 969 e x.s. c 283 : Se e no te fo llo wing R CW 28A.150.050. Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010. 28A.230.170 Study of constitutions compulsory— Rules. The study of the Constitution of the United States and the Constitution of the state of Washington shall be a condition prerequisite to graduation from the public and private high schools of this state. The superintendent of public instruction shall provide by rule for the implementation of this section. [2006 c 263 § 403; 1985 c 341 § 1; 1969 ex.s. c 223 § 28A.02.080. Prior: (i) 1925 ex.s. c 134 § 1; RRS § 4898-1. (ii) 1925 ex.s. c 134 § 2; RRS § 4898-2. Formerly RCW 28A.02.080, 28.02.080, and 28.02.081.] 28A.230.170 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Finding—2005 c 491: "The legislature finds that effective relationship skills are used in parenting, the workplace, schools, neighborhoods, and other relationships. The state has a compelling interest in encouraging its citizens in developing the parenting and communication skills vital for successful and fulfilling family relationships." [2005 c 491 § 1.] 28A.230.195 Test or assessment scores—Adjustments to instructional practices—Notification to parents. (1) If students’ scores on the test or assessments under RCW 28A.655.070 indicate that students need help in identified areas, the school district shall evaluate its instructional practices and make appropriate adjustments. (2) Each school district shall notify the parents of each student of their child’s performance on the test and assessments conducted under this chapter. [2005 c 217 § 1; 1999 c 373 § 603; 1992 c 141 § 401.] 28A.230.195 Part headings not law—1999 c 373: See note following RCW 28A.300.310. Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040. 28A.230.205 Financial literary skills—Duties of the superintendent of public instruction and of school districts. (1) To the extent funds are appropriated or are available for this purpose, the superintendent of public instruction and other members of the partnership created in RCW 28A.300.455 shall make available to school districts the list of identified financial literacy skills and knowledge, instructional materials, assessments, and other relevant information. (2) Each school district is encouraged to provide its students with an opportunity to master the financial literacy skills and knowledge developed under RCW 28A.300.460. (3) For the purposes of RCW 28A.300.455, 28A.300.460, and this section, it is not necessary to evaluate and apply the office of the superintendent of public instruction essential academic learning requirements or to develop grade level expectations. [2007 c 459 § 3.] 28A.230.205 Effective date—2007 c 459: See note following RCW 28A.300.455. 28A.230.250 Coordination of procedures and content of assessments. The superintendent of public instruction shall coordinate both the procedures and the content of the tests and assessments required by the state to maximize the value of the information provided to students as they progress and to teachers and parents about students’ talents, interests, and academic needs or deficiencies so that appropriate programs can be provided to enhance the likelihood of students’ 28A.230.250 28A.230.180 Educational and career opportunities in the military, student access to information on, when. If the board of directors of a school district provides access to the campus and the student information directory to persons or groups which make students aware of occupational or educational options, the board shall provide access on the same basis to official recruiting representatives of the military 28A.230.180 [Title 28A RCW—page 74] (2008 Ed.) Food Services success both in school and beyond. [1999 c 373 § 602; 1990 c 101 § 4.] Part headings not law—1999 c 373: See note following RCW 28A.300.310. Chapter 28A.235 Chapter 28A.235 RCW FOOD SERVICES Sections 28A.235.010 Superintendent of public instruction authorized to receive and disburse federal funds. 28A.235.020 Payment of costs—Federal food services revolving fund— Disbursements. 28A.235.030 Rules. 28A.235.040 Acquisition authorized. 28A.235.050 Contracts for—Other law applicable to. 28A.235.060 Advancement of costs from revolving fund moneys—Reimbursement by school district to include transaction expense. 28A.235.070 Revolving fund created. 28A.235.080 Revolving fund—Administration of fund—Use—School district requisition as prerequisite. 28A.235.090 Revolving fund—Depositories for fund, bond or security for—Manner of payments from fund. 28A.235.100 Rules. 28A.235.110 Suspension of laws, rules, inconsistent herewith. 28A.235.120 Meal programs—Establishment and operation—Personnel— Agreements. 28A.235.130 Milk for children at school expense. 28A.235.140 School breakfast programs. 28A.235.145 School breakfast and lunch programs—Use of state funds. 28A.235.150 School breakfast and lunch programs—Grants to increase participation—Increased state support. 28A.235.155 Federal summer food service program—Administration of funds—Grants. 28A.235.160 Requirements to implement school breakfast, lunch, and summer food service programs—Exemptions. 28A.235.170 Washington grown fresh fruit and vegetable grant program. Food donation and distribution—Liability: Chapter 69.80 RCW. 28A.235.010 Superintendent of public instruction authorized to receive and disburse federal funds. The superintendent of public instruction is hereby authorized to receive and disburse federal funds made available by acts of congress for the assistance of private nonprofit organizations in providing food services to children and adults according to the provisions of 20 U.S.C. Sec. 1751 et seq., the national school lunch act as amended, and 20 U.S.C. Sec. 1771, et seq., the child nutrition act of 1966, as amended. [1987 c 193 § 1. Formerly RCW 28A.29.010.] 28A.235.010 28A.235.020 Payment of costs—Federal food services revolving fund—Disbursements. All reasonably ascertainable costs of performing the duties assumed and performed under RCW 28A.235.010 through 28A.235.030 and 28A.235.140 by either the superintendent of public instruction or another state or local governmental entity in support of the superintendent of public instruction’s duties under RCW 28A.235.010 through 28A.235.030 and 28A.235.140 shall be paid exclusively with federal funds and, if any, private gifts and grants. The federal food services revolving fund is hereby established in the custody of the state treasurer. The office of the superintendent of public instruction shall deposit in the fund federal funds received under RCW 28A.235.010, recoveries of such funds, and gifts or grants made to the revolving fund. Disbursements from the fund shall be on authorization of the superintendent of public instruction or the superintendent’s designee. The fund is sub28A.235.020 (2008 Ed.) 28A.235.080 ject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements. The superintendent of public instruction is authorized to expend from the federal food services revolving fund such funds as are necessary to implement RCW 28A.235.010 through 28A.235.030 and 28A.235.140. [1990 c 33 § 242; 1987 c 193 § 2. Formerly RCW 28A.29.020.] 28A.235.030 Rules. The superintendent shall have the power to promulgate such rules in accordance with chapter 34.05 RCW as are necessary to implement this chapter. [1987 c 193 § 3. Formerly RCW 28A.29.030.] 28A.235.030 28A.235.040 Acquisition authorized. Notwithstanding any other provision of law or chapter 39.32 RCW, the state superintendent of public instruction is hereby authorized to purchase, or otherwise acquire from the government of the United States or any property or commodity disposal agency thereof, surplus or donated food commodities for the use by any school district for their hot lunch program. [1969 ex.s. c 223 § 28A.30.010. Prior: 1967 ex.s. c 92 § 1. Formerly RCW 28A.30.010, 28.30.010.] 28A.235.040 28A.235.050 Contracts for—Other law applicable to. The state superintendent of public instruction is hereby authorized to enter into any contract with the United States of America, or any agency thereof, for the purchase of any surplus or donated food commodities, without regard to the provisions of any other law requiring the advertising, giving notice, inviting or receiving bids, or which may require the delivery of purchases before payment. [1969 ex.s. c 223 § 28A.30.020. Prior: 1967 ex.s. c 92 § 7. Formerly RCW 28A.30.020, 28.30.020.] 28A.235.050 28A.235.060 Advancement of costs from revolving fund moneys—Reimbursement by school district to include transaction expense. In purchasing or otherwise acquiring surplus or donated commodities on the requisition of a school district the superintendent may advance the purchase price and other cost of acquisition thereof from the surplus and donated food commodities revolving fund and the superintendent shall in due course bill the proper school district for the amount paid by him or her for the commodities plus a reasonable amount to cover the expenses incurred by the superintendent’s office in connection with the transaction. All payments received for surplus or donated commodities from school districts shall be deposited by the superintendent in the surplus and donated food commodities revolving fund. [1990 c 33 § 243; 1969 ex.s. c 223 § 28A.30.030. Prior: 1967 ex.s. c 92 § 4. Formerly RCW 28A.30.030, 28.30.030.] 28A.235.060 28A.235.070 Revolving fund created. There is created in the office of the state superintendent of public instruction a revolving fund to be designated the surplus and donated food commodities revolving fund. [1985 c 341 § 10; 1979 ex.s. c 20 § 1; 1969 ex.s. c 223 § 28A.30.040. Prior: 1967 ex.s. c 92 § 2. Formerly RCW 28A.30.040, 28.30.040.] 28A.235.070 28A.235.080 Revolving fund—Administration of fund—Use—School district requisition as prerequisite. 28A.235.080 [Title 28A RCW—page 75] 28A.235.090 Title 28A RCW: Common School Provisions The surplus and donated food commodities revolving fund shall be administered by the state superintendent of public instruction and be used solely for the purchase or other acquisition, including transportation, storage and other cost, of surplus or donable food commodities from the federal government. The superintendent may purchase or otherwise acquire such commodities only after requisition by a school district requesting such commodities. [1969 ex.s. c 223 § 28A.30.050. Prior: 1967 ex.s. c 92 § 3. Formerly RCW 28A.30.050, 28.30.050.] 28A.235.090 Revolving fund—Depositories for fund, bond or security for—Manner of payments from fund. The surplus and donated food commodities revolving fund shall be deposited by the superintendent in such banks as he or she may select, but any such depository shall furnish a surety bond executed by a surety company or companies authorized to do business in the state of Washington, or collateral eligible as security for deposit of state funds, in at least the full amount of the deposit in each depository bank. Moneys shall be paid from the surplus and donated food commodities revolving fund by voucher and check in such form and in such manner as shall be prescribed by the superintendent. [1990 c 33 § 244; 1969 ex.s. c 223 § 28A.30.060. Prior: 1967 ex.s. c 92 § 5. Formerly RCW 28A.30.060, 28.30.060.] 28A.235.090 28A.235.100 Rules. The superintendent of public instruction shall have power to adopt rules as may be necessary to effectuate the purposes of this chapter. [1993 c 333 § 5; 1990 c 33 § 245; 1969 ex.s. c 223 § 28A.30.070. Prior: 1967 ex.s. c 92 § 6. Formerly RCW 28A.30.070, 28.30.070.] 28A.235.100 28A.235.110 Suspension of laws, rules, inconsistent herewith. Any provision of law, or any resolution, rule or regulation which is inconsistent with the provisions of RCW 28A.235.040 through 28A.235.110 is suspended to the extent such provision is inconsistent herewith. [1990 c 33 § 246; 1969 ex.s. c 223 § 28A.30.080. Prior: 1967 ex.s. c 92 § 8. Formerly RCW 28A.30.080, 28.30.080.] 28A.235.110 28A.235.120 Meal programs—Establishment and operation—Personnel—Agreements. The directors of any school district may establish, equip and operate meal programs in school buildings for pupils; certificated and classified employees; volunteers; public agencies, political subdivisions, or associations that serve public entities while using school facilities; other local, state, or federal child nutrition programs; and for school or employee functions: PROVIDED, That the expenditures for food supplies shall not exceed the estimated revenues from the sale of meals, federal aid, Indian education fund lunch aid, or other anticipated revenue, including donations, to be received for that purpose: PROVIDED FURTHER, That the directors of any school district may provide for the use of kitchens and lunchrooms or other facilities in school buildings to furnish meals to elderly persons at cost as provided in RCW 28A.623.020: PROVIDED, FURTHER, That the directors of any school district may provide for the use of kitchens and lunchrooms or other facilities in school buildings to furnish meals at cost as provided in RCW 28A.623.030 to children who are participating 28A.235.120 [Title 28A RCW—page 76] in educational or training or care programs or activities conducted by private, nonprofit organizations and entities and to students who are attending private elementary and secondary schools. Operation for the purposes of this section shall include the employment and discharge for sufficient cause of personnel necessary for preparation of food or supervision of students during lunch periods and fixing their compensation, payable from the district general fund, or entering into agreement with a private agency for the establishment, management and/or operation of a food service program or any part thereof. [2002 c 36 § 1; 1997 c 13 § 4; 1990 c 33 § 247; 1979 ex.s. c 140 § 3; 1979 c 58 § 1; 1973 c 107 § 2; 1969 ex.s. c 223 § 28A.58.136. Prior: (i) 1947 c 31 § 1; 1943 c 51 § 1; 1939 c 160 § 1; Rem. Supp. 1947 § 4706-1. Formerly RCW 28A.58.136, 28.58.260. (ii) 1943 c 51 § 2; Rem. Supp. 1943 § 4706-2. Formerly RCW 28.58.270.] Seve ra bili ty— 1979 e x.s. c 140 : Se e no te fo llo wing R CW 28A.225.200. Severability—1979 c 58: See note following RCW 28A.623.030. Nonprofit meal program for elderly—Purpose: RCW 28A.623.010. 28A.235.130 Milk for children at school expense. The board of directors of any school district may cause to be furnished free of charge, in a suitable receptacle on each and every school day to such children in attendance desiring or in need of the same, not less than one-half pint of milk. The cost of supplying such milk shall be paid for in the same manner as other items of expense incurred in the conduct and operation of said school, except that available federal or state funds may be used therefor. [1969 ex.s. c 223 § 28A.31.020. Prior: 1935 c 15 § 1; 1923 c 152 § 1; 1921 c 190 § 1; RRS § 4806. Formerly RCW 28A.31.020, 28.31.020.] 28A.235.130 Food services—Use of federal funds: Chapter 28A.235 RCW. 28A.235.140 School breakfast programs. (1) For the purposes of this section: (a) "Free or reduced-price lunches" means lunches served by a school district that qualify for federal reimbursement as free or reduced-price lunches under the national school lunch program. (b) "School breakfast program" means a program meeting federal requirements defined in 42 U.S.C. Sec. 1773. (c) "Severe-need school" means a school that qualifies for a severe-need school reimbursement rate from federal funds for school breakfasts served to children from lowincome families. (2) School districts shall be required to develop and implement plans for a school breakfast program in severeneed schools, pursuant to the schedule in this section. For the second year prior to the implementation of the district’s school breakfast program, and for each subsequent school year, each school district shall submit data enabling the superintendent of public instruction to determine which schools within the district will qualify as severe-need schools. In developing its plan, each school district shall consult with an advisory committee including school staff and community members appointed by the board of directors of the district. (3) Using district-wide data on school lunch participation during the 1988-89 school year, the superintendent of 28A.235.140 (2008 Ed.) Food Services public instruction shall adopt a schedule for implementation of school breakfast programs in severe-need schools as follows: (a) School districts where at least forty percent of lunches served to students are free or reduced-price lunches shall submit a plan for implementation of a school breakfast program in severe-need schools to the superintendent of public instruction no later than July 1, 1990. Each such district shall implement a school breakfast program in all severeneed schools no later than the second day of school in the 1990-91 school year and in each school year thereafter. (b) School districts where at least twenty-five but less than forty percent of lunches served to students are free or reduced-price lunches shall submit a plan for implementation of a school breakfast program in severe-need schools to the superintendent of public instruction no later than July 1, 1991. Each such district shall implement a school breakfast program in all severe-need schools no later than the second day of school in the 1991-92 school year and in each school year thereafter. (c) School districts where less than twenty-five percent of lunches served to students are free or reduced-price lunches shall submit a plan for implementation of a school breakfast program in severe-need schools to the superintendent of public instruction no later than July 1, 1992. Each such district shall implement a school breakfast program in all severe-need schools no later than the second day of school in the 1992-93 school year and in each school year thereafter. (d) School districts that did not offer a school lunch program in the 1988-89 school year are encouraged to implement such a program and to provide a school breakfast program in all severe-need schools when eligible. (4) The requirements in this section shall lapse if the federal reimbursement rate for breakfasts served in severe-need schools is eliminated. (5) Students who do not meet family-income criteria for free breakfasts shall be eligible to participate in the school breakfast programs established under this section, and school districts may charge for the breakfasts served to these students. Requirements that school districts have school breakfast programs under this section shall not create or imply any state funding obligation for these costs. The legislature does not intend to include these programs within the state’s obligation for basic education funding under Article IX of the Constitution. [1993 c 333 § 1; 1989 c 239 § 2. Formerly RCW 28A.29.040.] Study—1989 c 239: "The superintendent of public instruction shall conduct a study of the costs and feasibility of expanding the school breakfast program to include schools where more than twenty-five but less than forty percent of lunches served are free or reduced-price lunches. The study shall consider the total cost of the program, including but not limited to food costs, staff salaries and benefits, and additional pupil transportation costs. The superintendent of public instruction shall submit to the legislature prior to January 15, 1992, a report on the results of this study, including recommendations on whether to expand the school breakfast program to include these schools." [1989 c 239 § 3.] 28A.235.145 28A.235.145 School breakfast and lunch programs— Use of state funds. State funds received by school districts under this chapter for school breakfast and lunch programs shall be used to support the operating costs of the program, (2008 Ed.) 28A.235.160 including labor, unless specific appropriations for nonoperating costs are provided. [1993 c 333 § 2.] 28A.235.150 School breakfast and lunch programs— Grants to increase participation—Increased state support. (1) To the extent funds are appropriated, the superintendent of public instruction may award grants to school districts to increase participation in school breakfast and lunch programs, to improve program quality, and to improve the equipment and facilities used in the programs. School districts shall demonstrate that they have applied for applicable federal funds before applying for funds under this subsection. (2) To the extent funds are appropriated, the superintendent of public instruction shall increase the state support for school breakfasts and lunches. [1993 c 333 § 3.] 28A.235.150 28A.235.155 Federal summer food service program—Administration of funds—Grants. (1) The superintendent of public instruction shall administer funds for the federal summer food service program. (2) The superintendent of public instruction may award grants, to the extent funds are appropriated, to eligible organizations to help start new summer food service programs for children or to help expand summer food services for children. [1993 c 333 § 4.] 28A.235.155 28A.235.160 Requirements to implement school breakfast, lunch, and summer food service programs— Exemptions. (1) For the purposes of this section: (a) "Free or reduced-price lunch" means a lunch served by a school district participating in the national school lunch program to a student qualifying for national school lunch program benefits based on family size-income criteria. (b) "School lunch program" means a meal program meeting the requirements defined by the superintendent of public instruction under subsection (2)(b) of this section. (c) "School breakfast program" means a program meeting federal requirements defined in 42 U.S.C. Sec. 1773. (d) "Severe-need school" means a school that qualifies for a severe-need school reimbursement rate from federal funds for school breakfasts served to children from lowincome families. (e) "Summer food service program" means a meal or snack program meeting the requirements defined by the superintendent of public instruction under subsection (4) of this section. (2) School districts shall implement a school lunch program in each public school in the district in which educational services are provided to children in any of the grades kindergarten through four and in which twenty-five percent or more of the enrolled students qualify for a free or reducedprice lunch. In developing and implementing its school lunch program, each school district may consult with an advisory committee including school staff, community members, and others appointed by the board of directors of the district. (a) Applications to determine free or reduced-price lunch eligibility shall be distributed and collected for all households of children in schools containing any of the grades kindergarten through four and in which there are no United States department of agriculture child nutrition programs. The 28A.235.160 [Title 28A RCW—page 77] 28A.235.170 Title 28A RCW: Common School Provisions applications that are collected must be reviewed to determine eligibility for free or reduced-price lunches. Nothing in this section shall be construed to require completion or submission of the application by a parent or guardian. (b) Using the most current available school data on free and reduced-price lunch eligibility, the superintendent of public instruction shall adopt a schedule for implementation of school lunch programs at each school required to offer such a program under subsection (2) of this section as follows: (i) Schools not offering a school lunch program and in which twenty-five percent or more of the enrolled students are eligible for free or reduced-price lunch shall implement a school lunch program not later than the second day of school in the 2005-06 school year and in each school year thereafter. (ii) The superintendent shall establish minimum standards defining the lunch meals to be served, and such standards must be sufficient to qualify the meals for any available federal reimbursement. (iii) Nothing in this section shall be interpreted to prevent a school from implementing a school lunch program earlier than the school is required to do so. (3) To extent funds are appropriated for this purpose, each school district shall implement a school breakfast program in each school where more than forty percent of students eligible to participate in the school lunch program qualify for free or reduced-price meal reimbursement by the school year 2005-06. For the second year before the implementation of the district’s school breakfast program, and for each subsequent school year, each school district shall submit data enabling the superintendent of public instruction to determine which schools within the district will qualify for this requirement. Schools where lunch programs start after the 2003-04 school year, where forty percent of students qualify for free or reduced-price meals, must begin school breakfast programs the second year following the start of a lunch program. (4) Each school district shall implement a summer food service program in each public school in the district in which a summer program of academic, enrichment, or remedial services is provided and in which fifty percent or more of the children enrolled in the school qualify for free or reducedprice lunch. However, the superintendent of public instruction shall develop rules establishing criteria to permit an exemption for a school that can demonstrate availability of an adequate alternative summer feeding program. Sites providing meals should be open to all children in the area, unless a compelling case can be made to limit access to the program. The superintendent of public instruction shall adopt a definition of compelling case and a schedule for implementation as follows: (a) Beginning the summer of 2005 if the school currently offers a school breakfast or lunch program; or (b) Beginning the summer following the school year during which a school implements a school lunch program under subsection (2)(b) of this section. (5) Schools not offering a breakfast or lunch program may meet the meal service requirements of subsections (2)(b) and (4) of this section through any of the following: (a) Preparing the meals on-site; [Title 28A RCW—page 78] (b) Receiving the meals from another school that participates in a United States department of agriculture child nutrition program; or (c) Contracting with a nonschool entity that is a licensed food service establishment under RCW 69.07.010. (6) Requirements that school districts have a school lunch, breakfast, or summer nutrition program under this section shall not create or imply any state funding obligation for these costs. The legislature does not intend to include these programs within the state’s obligation for basic education funding under Article IX of the state Constitution. (7) The requirements in this section shall lapse if the federal reimbursement for any school breakfasts, lunches, or summer food service programs is eliminated. (8) School districts may be exempted from the requirements of this section by showing good cause why they cannot comply with the office of the superintendent of public instruction to the extent that such exemption is not in conflict with federal or state law. The process and criteria by which school districts are exempted shall be developed by the office of the superintendent of public instruction in consultation with representatives of school directors, school food service, community-based organizations and the Washington state PTA. [2005 c 287 § 1; 2004 c 54 § 2.] Findings—2005 c 287; 2004 c 54: "The legislature recognizes that hunger and food insecurity are serious problems in the state. Since the United States department of agriculture began to collect data on hunger and food insecurity in 1995, Washington has been ranked each year within the top ten states with the highest levels of hunger. A significant number of these households classified as hungry are families with children. The legislature recognizes the correlation between adequate nutrition and a child’s development and school performance. This problem can be greatly diminished through improved access to federal nutrition programs. The legislature also recognizes that improved access to federal nutrition and assistance programs, such as the federal food stamp program and child nutrition programs, can be a critical factor in enabling recipients to gain the ability to support themselves and their families. This is an important step towards self-sufficiency and decreased long-term reliance on governmental assistance and will serve to strengthen families in this state." [2005 c 287 § 2; 2004 c 54 § 1.] Conflict with federal requirements—2004 c 54: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [2004 c 54 § 6.] 28A.235.170 Washington grown fresh fruit and vegetable grant program. (1) The Washington grown fresh fruit and vegetable grant program is created in the office of the superintendent of public instruction. The purpose of the program is to facilitate consumption of Washington grown nutritious snacks in order to improve student health and expand the market for locally grown fresh produce. (2) For purposes of this section, "fresh fruit and vegetables" includes perishable produce that is unprocessed, minimally processed, frozen, dried, or otherwise prepared, stored, and handled to maintain its fresh nature while providing convenience to the user. Producing minimally processed food involves cleaning, washing, cutting, or portioning. (3) The program shall increase the number of school children with access to Washington grown fresh fruits and vegetables and shall be modeled after the United States 28A.235.170 (2008 Ed.) Skill Centers department of agriculture fresh fruit and vegetable program, as described in 42 U.S.C. Sec. 1769(g). Schools receiving funds under the federal program are not eligible for grants under the Washington grown fresh fruit and vegetable grant program. (4)(a) To the extent that state funds are appropriated specifically for this purpose, the office of the superintendent of public instruction shall solicit applications, conduct a competitive process, and make one or two-year grants to a mix of urban and rural schools to enable eligible schools to provide free Washington grown fresh fruits and vegetables throughout the school day. (b) When evaluating applications and selecting grantees, the superintendent of public instruction shall consider and prioritize the following factors: (i) The applicant’s plan for ensuring the use of Washington grown fruits and vegetables within the program; (ii) The applicant’s plan for incorporating nutrition, agricultural stewardship education, and environmental education into the snack program; (iii) The applicant’s plan for establishing partnerships with state, local, and private entities to further the program’s objectives, such as helping the school acquire, handle, store, and distribute Washington grown fresh fruits and vegetables. (5)(a) The office of the superintendent of public instruction shall give funding priority to applicant schools with any of grades kindergarten through eight that: Participate in the national school lunch program and have fifty percent or more of their students eligible for free or reduced-price meals under the federal national school lunch act, 42 U.S.C. Sec. 1751 et seq. (b) If any funds remain after all eligible priority applicant schools have been awarded grants, the office of the superintendent of public instruction may award grants to applicant schools having less than fifty percent of the students eligible for free or reduced-price meals. (6) The office of the superintendent of public instruction may adopt rules to carry out the grant program. (7) With assistance from the Washington department of agriculture, the office of the superintendent of public instruction shall develop and track specific, quantifiable outcome measures of the grant program such as the number of students served by the program, the dollar value of purchases of Washington grown fruits and vegetables resulting from the program, and development of state, local, and private partnerships that extend beyond the cafeteria. (8) As used in this section, "Washington grown" has the definition in RCW 15.64.060. [2008 c 215 § 3.] Findings—Intent—Short title—Captions not law—Conflict with federal requirements—2008 c 215: See notes following RCW 15.64.060. Chapter 28A.245 Chapter 28A.245 RCW SKILL CENTERS Sections 28A.245.005 28A.245.010 28A.245.020 28A.245.030 Findings. Skill centers—Purpose—Operation. Funding—Equivalency and apportionment. Revised guidelines for skill centers—Satellite and branch campus programs—Capital plan—Studies—Master plan—Rules. 28A.245.040 Expanded access—Targeted populations—Evaluation. (2008 Ed.) 28A.245.030 28A.245.050 Skill centers of excellence—Running start for career and technical education grant program—Career and technical programs of study. 28A.245.060 Director of skill centers. 28A.245.070 High school diplomas—Agreements with cooperating school districts—High school completion programs. 28A.245.080 Contracts with community or technical colleges—Courses leading to industry certificates or credentials for high school graduates. 28A.245.090 Contracts with community colleges—Enrollment lid—Fees. 28A.245.005 Findings. The legislature finds that student access to programs offered at skill centers can help prepare them for careers, apprenticeships, and postsecondary education. The legislature further finds that current limits on how school districts and skill centers report full-time equivalent students and the time students are served provide a disincentive for school districts to send their students to skill centers. The legislature further finds that there are barriers to providing access to students in rural and remote areas but that there are opportunities to do so with satellite and branch campus programs, distance and online learning programs, and collaboration with higher education, business, and labor. The legislature further finds that skill centers provide opportunities for dropout prevention and retrieval programs by offering programs that accommodate students’ work schedules and provide credit retrieval opportunities. The legislature further finds that implementing the recommendations from the study by the workforce training and education coordinating board will enhance skill center programs and student access to those programs. [2007 c 463 § 1.] 28A.245.005 28A.245.010 Skill centers—Purpose—Operation. A skill center is a regional career and technical education partnership established to provide access to comprehensive industry-defined career and technical programs of study that prepare students for careers, employment, apprenticeships, and postsecondary education. A skill center is operated by a host school district and governed by an administrative council in accordance with a cooperative agreement. [2007 c 463 § 2.] 28A.245.010 28A.245.020 Funding—Equivalency and apportionment. Beginning in the 2007-08 school year and thereafter, students attending skill centers shall be funded for all classes at the skill center and the sending districts, up to one and sixtenths full-time equivalents or as determined in the omnibus appropriations act. The office of the superintendent of public instruction shall develop procedures to ensure that the school district and the skill center report no student for more than one and six-tenths full-time equivalent students combining both their high school enrollment and skill center enrollment. Additionally, the office of the superintendent of public instruction shall develop procedures for determining the appropriate share of the full-time equivalent enrollment count between the resident high school and skill center. [2007 c 463 § 3.] 28A.245.020 28A.245.030 Revised guidelines for skill centers— Satellite and branch campus programs—Capital plan— Studies—Master plan—Rules. (1) The office of the superintendent of public instruction shall review and revise the guidelines for skill centers to encourage skill center pro28A.245.030 [Title 28A RCW—page 79] 28A.245.040 Title 28A RCW: Common School Provisions grams. The superintendent, in cooperation with the workforce training and education coordinating board, skill center directors, and the Washington association for career and technical education, shall review and revise the existing skill centers’ policy guidelines and create and adopt rules governing skill centers as follows: (a) The threshold enrollment at a skill center shall be revised so that a skill center program need not have a minimum of seventy percent of its students enrolled on the skill center core campus in order to facilitate serving rural students through expansion of skill center programs by means of satellite programs or branch campuses; (b) The developmental planning for branch campuses shall be encouraged. Underserved rural areas or high-density areas may partner with an existing skill center to create satellite programs or a branch campus. Once a branch campus reaches sufficient enrollment to become self-sustaining, it may become a separate skill center or remain an extension of the founding skill center; and (c) Satellite and branch campus programs shall be encouraged to address high-demand fields. (2) Rules adopted under this section shall allow for innovative models of satellite and branch campus programs, and such programs shall not be limited to those housed in physical buildings. (3) The superintendent of public instruction shall develop and deliver a ten-year capital plan for legislative review before implementation. The superintendent of public instruction shall adopt rules that set as a goal a ten percent minimum local project contribution threshold for major skill center projects, unless there is a compelling rationale not to do so, including but not limited to local economic conditions, as determined by the superintendent of public instruction. This applies to the acquisition or major capital costs of skill center projects as outlined in the ten-year capital plan. (4) Subject to available funding, the superintendent shall: (a) Conduct approved feasibility studies for serving noncooperative rural and high-density area students in their geographic areas; and (b) Develop a statewide master plan that identifies standards and resources needed to create a technology infrastructure for connecting all skill centers to the K-20 network. [2008 c 179 § 302; 2007 c 463 § 4.] Part headings not law—Severability—Effective date—2008 c 179: See RCW 28A.527.900 through 28A.527.902. 28A.245.040 Expanded access—Targeted populations—Evaluation. Subject to available funding, skill centers shall provide access to late afternoon and evening sessions and summer school programs, to rural and high-density area students aligned with regionally identified high-demand occupations. When possible, the programs shall be specifically targeted for credit retrieval, dropout prevention and intervention for at-risk students, and retrieval of dropouts. Skill centers that receive funding for these activities must participate in an evaluation that is designed to quantify results and identify best practices, collaborate with local community partners in providing a comprehensive program, and provide matching funds. [2007 c 463 § 5.] 28A.245.040 [Title 28A RCW—page 80] 28A.245.050 Skill centers of excellence—Running start for career and technical education grant program— Career and technical programs of study. (1) The superintendent of public instruction shall establish and support skill centers of excellence in key economic sectors of regional significance. The superintendent shall broker the development of skill centers of excellence and identify their roles in developing curriculum and methodologies for reporting skill center course equivalencies for purposes of high school graduation. (2) Once the skill centers of excellence are established, the superintendent of public instruction shall develop and seek funding for a running start for career and technical education grant program to develop and implement career and technical programs of study targeted to regionally determined high-demand occupations. Grant recipients should be partnerships of skill centers of excellence, community college centers of excellence, tech-prep programs, industry advisory committees, area workforce development councils, and skill panels in the related industry. Grant recipients should be expected to develop and assist in the replication of model career and technical education programs of study. The career and technical education programs of study developed should be consistent with the expectations in the applicable federal law. [2007 c 463 § 6.] 28A.245.050 28A.245.060 Director of skill centers. The superintendent of public instruction shall assign at least one full-time equivalent staff position within the office of the superintendent of public instruction to serve as the director of skill centers. [2007 c 463 § 7.] 28A.245.060 28A.245.070 High school diplomas—Agreements with cooperating school districts—High school completion programs. Skill centers may enter into agreements with one or more cooperating school districts to grant a high school diploma on behalf of the district so that students who are juniors and seniors have an opportunity to attend the skill center on a full-time basis without coenrollment at a district high school. To avoid competition with other high schools in the cooperating district, high school completion programs operated by skill centers shall be designed as dropout prevention and retrieval programs for at-risk and credit-deficient students or for fifth-year seniors. A skill center may use grant awards from the building bridges program under RCW 28A.175.025 to develop high school completion programs as provided in this section. [2008 c 170 § 203.] 28A.245.070 Findings—Intent—Part headings not law—2008 c 170: See RCW 28A.700.005 and 28A.700.901. 28A.245.080 Contracts with community or technical colleges—Courses leading to industry certificates or credentials for high school graduates. (1) Subject to the provisions of this section and RCW 28B.50.532, a skill center may enter into an agreement with the community or technical college in which district the skill center is located to provide career and technical education courses necessary to complete an industry certificate or credential for students who have received a high school diploma. (2) To qualify for enrollment under this section, a student must have been enrolled in the skill center before receiving 28A.245.080 (2008 Ed.) Superintendent of Public Instruction the high school diploma and must remain continuously enrolled in the skill center. A student may enroll only in those courses necessary to complete the industry certificate or credential associated with the student’s career and technical program. (3) Students enrolled in a skill center under this section shall be considered community and technical college students for purposes of enrollment reporting, tuition, and financial aid. The skill center shall maintain enrollment data for students enrolled under this section separately from data on secondary school enrollment. [2008 c 170 § 304.] 28A.300.170 Findings—Intent—Part headings not law—2008 c 170: See RCW 28A.700.005 and 28A.700.901. 28A.300.270 28A.300.275 28A.245.090 Contracts with community colleges— Enrollment lid—Fees. The community colleges are encouraged to contract with skill centers to use the skill center facilities. The community colleges shall not be required to count the enrollments under these agreements toward the community college enrollment lid. Skill centers may charge fees to adult students under RCW 28A.225.220. [1993 c 380 § 3. Formerly RCW 28C.22.020.] 28A.300.280 28A.300.285 Chapter 28A.300 RCW SUPERINTENDENT OF PUBLIC INSTRUCTION 28A.300.330 28A.300.340 28A.300.360 28A.245.090 Chapter 28A.300 Sections 28A.300.010 28A.300.020 28A.300.030 28A.300.035 28A.300.040 28A.300.045 28A.300.050 28A.300.060 28A.300.065 28A.300.070 28A.300.080 28A.300.090 28A.300.100 28A.300.115 28A.300.118 28A.300.119 28A.300.120 28A.300.130 28A.300.135 28A.300.137 28A.300.145 28A.300.150 28A.300.160 28A.300.164 28A.300.165 (2008 Ed.) Election—Term of office. Assistant superintendents, deputy superintendent, assistants—Terms for exempt personnel. Assistance of educational service district boards and superintendents—Scope. Assistance of certificated or classified employee—Reimbursement for substitute. Powers and duties. Pupil tests and records—Rules. Assistance to professional educator standards board for activities involving professional educator excellence. Studies and adoption of classifications for school district budgets—Publication. Classification and numbering system of school districts. Receipt of federal funds for school purposes—Superintendent of public instruction to administer. Vocational agriculture education—Intent. Vocational agriculture education—Service area established—Duties. Vocational agriculture education—Superintendent to adopt rules. Holocaust instruction—Preparation and availability of instructional materials. College credit program information—Notification to schools and parents. Online learning programs for college credit—Information. Administrative hearing—Contract to conduct authorized— Final decision. Center for the improvement of student learning—Educational improvement and research—Clearinghouse for information regarding educational improvement and parental involvement programs—Web site development and maintenance—Reports to the legislature. Center for the improvement of student learning account. Education performance measures for African-American students—Report by center for the improvement of student learning. Educational materials regarding sex offenses, sex offenders, and victims of sexual assault. Information on child abuse and neglect prevention curriculum—Rules. Development of coordinated primary prevention program for child abuse and neglect—Office as lead agency. Energy information program. National guard high school career training and national guard youth challenge program—Rules. 28A.300.175 28A.300.185 28A.300.190 28A.300.220 28A.300.230 28A.300.235 28A.300.240 28A.300.250 28A.300.290 28A.300.295 28A.300.300 28A.300.310 28A.300.320 28A.300.370 28A.300.380 28A.300.390 28A.300.395 28A.300.400 28A.300.405 28A.300.410 28A.300.412 28A.300.415 28A.300.420 28A.300.430 28A.300.440 28A.300.445 28A.300.450 28A.300.455 28A.300.460 28A.300.465 28A.300.470 28A.300.475 28A.300.480 28A.300.490 28A.300.500 28A.300.505 28A.300.510 28A.300.515 28A.300.520 28A.300.525 28A.300.800 Chapter 28A.300 State general fund—Estimates for state support to public schools, from. Recovery of payments to recipients of state money— Basis—Resolution of audit findings—Rules. Family preservation education program. Coordination of video telecommunications programming in schools. Cooperation with workforce training and education coordinating board. Findings—Integration of vocational and academic education. Development of model curriculum integrating vocational and academic education. International student exchange. Participation in federal nutrition programs—Superintendent’s duties. Violence prevention training. Alternative school start-up grants—School safety grants— Report to legislative committees. Conflict resolution program. Harassment, intimidation, and bullying prevention policies—Model policy and training materials—Posting on web site—Advisory committee. Effective reading programs—Identification. Identified programs—Grants for in-service training and instructional materials. Effective reading programs—Information—Development and implementation of strategies. Second grade reading assessment—Selection of reading passages—Costs. Second grade reading assessment—Pilot projects—Assessment selection—Assessment results. Primary grade reading grant program. Primary grade reading grant program—Timelines—Rules. Grants for programs and services—Truant, at-risk, and expelled students. World War II oral history project. Career and technical student organizations—Support services. Washington civil liberties public education program— Findings. Washington civil liberties public education program— Intent. Washington civil liberties public education program—Definition. Washington civil liberties public education program—Created—Purpose. Washington civil liberties public education program— Grants—Acceptance of gifts, grants, or endowments. Washington civil liberties public education program— Report. Washington civil liberties public education program— Short title. Student court programs. Collaboration with children’s system of care demonstration sites. Natural science, wildlife, and environmental education grant program. Washington natural science, wildlife, and environmental education partnership account. Financial literacy public-private partnership—Established. Financial literacy public-private partnership responsibilities—Definition of financial literacy—Strategies— Reports. Financial literacy public-private partnership responsibilities. Financial literacy public-private partnership account created. Financial literacy public-private partnership—Expiration. Medically accurate sexual health education—Curricula— Participation excused—Parental review. Civic education travel grant program. Task force on gangs in schools—Reports. Longitudinal student data system. School data systems—Standards—Reporting format. After-school mathematics support program—Reports. Statewide director for math, science, and technology— Duties—Reporting. Policies to support children of incarcerated parents. Students in children’s administration out-of-home care— Report on educational experiences. Education of school-age children in short-term foster care—Working group—Recommendations to legislature. [Title 28A RCW—page 81] 28A.300.010 28A.300.801 Title 28A RCW: Common School Provisions Legislative youth advisory council. Corporal punishment prohibited—Adoption of policy: RCW 28A.150.300. Council for children and families, superintendent or designee as member: RCW 43.121.020. Driving instructor’s licensing, adoption by superintendent of rules: RCW 46.82.320. Interagency agreement on fetal alcohol exposure programs: RCW 70.96A.510. Occupational forecast—Agency consultation: RCW 50.38.030. State investment board, appointment of member by superintendent: RCW 43.33A.020. 28A.300.010 Election—Term of office. A superintendent of public instruction shall be elected by the qualified electors of the state, on the first Tuesday after the first Monday in November of the year in which state officers are elected, and shall hold his or her office for the term of four years, and until his or her successor is elected and qualified. [1990 c 33 § 250; 1969 ex.s. c 223 § 28A.03.010. Prior: 1909 c 97 p 231 § 1; RRS § 4521; prior: 1897 c 118 § 20; 1891 c 127 § 1; 1890 p 348 § 3; Code 1881 § 3154; 1873 p 419 § 1; 1861 p 55 § 1. Formerly RCW 28A.03.010, 28.03.010, 43.11.010.] superintendents in the performance of any duty, authority, or power imposed upon or granted to the superintendent of public instruction by law or by the Constitution of the state of Washington, upon such terms and conditions as the superintendent of public instruction shall establish. Such authority to assist the superintendent of public instruction shall be limited to the service function of information collection and dissemination and the attestment to the accuracy and completeness of submitted information. [1975 1st ex.s. c 275 § 46; 1971 ex.s. c 282 § 29. Formerly RCW 28A.03.028.] Seve ra bili ty— 1971 e x.s. c 282 : Se e no te fo llo wing R CW 28A.310.010. 28A.300.010 28A.300.020 Assistant superintendents, deputy superintendent, assistants—Terms for exempt personnel. The superintendent of public instruction may appoint assistant superintendents of public instruction, a deputy superintendent of public instruction, and may employ such other assistants and clerical help as are necessary to carry out the duties of the superintendent and the state board of education. However, the superintendent shall employ without undue delay the executive director of the state board of education and other state board of education office assistants and clerical help, appointed by the state board under RCW 28A.305.130, whose positions are allotted and funded in accordance with moneys appropriated exclusively for the operation of the state board of education. The rate of compensation and termination of any such executive director, state board office assistants, and clerical help shall be subject to the prior consent of the state board of education. The assistant superintendents, deputy superintendent, and such other officers and employees as are exempted from the provisions of chapter 41.06 RCW, shall serve at the pleasure of the superintendent or at the pleasure of the superintendent and the state board of education as provided in this section. Expenditures by the superintendent of public instruction for direct and indirect support of the state board of education are valid operational expenditures by and in behalf of the office of the superintendent of public instruction. [2005 c 497 § 403; 1996 c 25 § 2; 1969 ex.s. c 223 § 28A.03.020. Prior: 1967 c 158 § 3; 1909 c 97 p 234 § 4; RRS § 4524; prior: 1905 c 56 § 1; 1903 c 104 § 10; 1897 c 118 § 23; 1890 p 351 § 5. Formerly RCW 28A.03.020, 28.03.020, 43.11.020.] 28A.300.020 Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. 28A.300.030 Assistance of educational service district boards and superintendents—Scope. The superintendent of public instruction, by rule or regulation, may require the assistance of educational service district boards and/or 28A.300.030 [Title 28A RCW—page 82] 28A.300.035 Assistance of certificated or classified employee—Reimbursement for substitute. If the superintendent of public instruction or the state board of education, in carrying out their powers and duties under Title 28A RCW, request the service of any certificated or classified employee of a school district upon any committee formed for the purpose of furthering education within the state, or within any school district therein, and such service would result in a need for a school district to employ a substitute for such certificated or classified employee during such service, payment for such a substitute may be made by the superintendent of public instruction from funds appropriated by the legislature for the current use of the common schools and such payments shall be construed as amounts needed for state support to the common schools under RCW 28A.150.380. If such substitute is paid by the superintendent of public instruction, no deduction shall be made from the salary of the certificated or classified employee. In no event shall a school district deduct from the salary of a certificated or classified employee serving on such committee more than the amount paid the substitute employed by the district. [1994 c 113 § 1; 1990 c 33 § 147; 1973 1st ex.s. c 3 § 1. Formerly RCW 28A.160.220, 28A.41.180.] 28A.300.035 28A.300.040 Powers and duties. In addition to any other powers and duties as provided by law, the powers and duties of the superintendent of public instruction shall be: (1) To have supervision over all matters pertaining to the public schools of the state; (2) To report to the governor and the legislature such information and data as may be required for the management and improvement of the schools; (3) To prepare and have printed such forms, registers, courses of study, rules for the government of the common schools, and such other material and books as may be necessary for the discharge of the duties of teachers and officials charged with the administration of the laws relating to the common schools, and to distribute the same to educational service district superintendents; (4) To travel, without neglecting his or her other official duties as superintendent of public instruction, for the purpose of attending educational meetings or conventions, of visiting schools, and of consulting educational service district superintendents or other school officials; (5) To prepare and from time to time to revise a manual of the Washington state common school code, copies of which shall be provided in such numbers as determined by the superintendent of public instruction at no cost to those 28A.300.040 (2008 Ed.) Superintendent of Public Instruction public agencies within the common school system and which shall be sold at approximate actual cost of publication and distribution per volume to all other public and nonpublic agencies or individuals, said manual to contain Titles 28A and 28C RCW, rules related to the common schools, and such other matter as the state superintendent or the state board of education shall determine. Proceeds of the sale of such code shall be transmitted to the public printer who shall credit the state superintendent’s account within the state printing plant revolving fund by a like amount; (6) To file all papers, reports and public documents transmitted to the superintendent by the school officials of the several counties or districts of the state, each year separately. Copies of all papers filed in the superintendent’s office, and the superintendent’s official acts, may, or upon request, shall be certified by the superintendent and attested by the superintendent’s official seal, and when so certified shall be evidence of the papers or acts so certified to; (7) To require annually, on or before the 15th day of August, of the president, manager, or principal of every educational institution in this state, a report as required by the superintendent of public instruction; and it is the duty of every president, manager, or principal, to complete and return such forms within such time as the superintendent of public instruction shall direct; (8) To keep in the superintendent’s office a record of all teachers receiving certificates to teach in the common schools of this state; (9) To issue certificates as provided by law; (10) To keep in the superintendent’s office at the capital of the state, all books and papers pertaining to the business of the superintendent’s office, and to keep and preserve in the superintendent’s office a complete record of statistics, as well as a record of the meetings of the state board of education; (11) With the assistance of the office of the attorney general, to decide all points of law which may be submitted to the superintendent in writing by any educational service district superintendent, or that may be submitted to the superintendent by any other person, upon appeal from the decision of any educational service district superintendent; and the superintendent shall publish his or her rulings and decisions from time to time for the information of school officials and teachers; and the superintendent’s decision shall be final unless set aside by a court of competent jurisdiction; (12) To administer oaths and affirmations in the discharge of the superintendent’s official duties; (13) To deliver to his or her successor, at the expiration of the superintendent’s term of office, all records, books, maps, documents and papers of whatever kind belonging to the superintendent’s office or which may have been received by the superintendent’s for the use of the superintendent’s office; (14) To administer family services and programs to promote the state’s policy as provided in RCW 74.14A.025; (15) To promote the adoption of school-based curricula and policies that provide quality, daily physical education for all students, and to encourage policies that provide all students with opportunities for physical activity outside of formal physical education classes; (16) To perform such other duties as may be required by law. [2006 c 263 § 104; 2005 c 360 § 6; 1999 c 348 § 6; 1992 (2008 Ed.) 28A.300.060 c 198 § 6; 1991 c 116 § 2; 1990 c 33 § 251; 1982 c 160 § 2; 1981 c 249 § 1; 1977 c 75 § 17; 1975 1st ex.s. c 275 § 47; 1971 ex.s. c 100 § 1; 1969 ex.s. c 176 § 102; 1969 ex.s. c 223 § 28A.03.030. Prior: 1967 c 158 § 4; 1909 c 97 p 231 § 3; RRS § 4523; prior: 1907 c 240 § 1; 1903 c 104 § 9; 1901 c 177 § 5; 1901 c 41 § 1; 1899 c 142 § 4; 1897 c 118 § 22; 1891 c 127 §§ 1, 2; 1890 pp 348-351 §§ 3, 4; Code 1881 §§ 31553160; 1873 p 419 §§ 2-6; 1861 p 55 §§ 2, 3, 4. Formerly RCW 28A.03.030, 28.03.030, 43.11.030.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Findings—Intent—2005 c 360: See note following RCW 36.70A.070. Intent—1999 c 348: See note following RCW 28A.205.010. Severability—Effective date—1992 c 198: See RCW 70.190.910 and 70.190.920. Severability—1982 c 160: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1982 c 160 § 4.] Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010. Studies—1969 ex.s. c 283: "The superintendent of public instruction is directed to develop, prepare and make available information as follows: (1) A budgetary study of the fiscal impact which would result from payment to substitute teachers, who are on a continuing basis of twelve or more days within any calendar month, at a rate of pay commensurate with their training and experience and at a per diem salary in proportion to the salary for which that teacher would be eligible as a full time teacher; (2) A study showing the percentage of high school graduates who go on to an institution of higher education, including community colleges, the distribution of such students, and the percentage thereof which continue in higher education through the various grades or years thereof; and (3) A study of the fiscal impact of establishing one hundred and eighty days as the base salary period for all contracts with certificated employees." [1969 ex.s. c 283 § 8.] Seve ra bili ty— 1969 e x.s. c 283 : Se e no te fo llo wing R CW 28A.150.050. 28A.300.045 Pupil tests and records—Rules. The superintendent of public instruction shall adopt rules relating to pupil tests and records. [2006 c 263 § 704.] 28A.300.045 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.300.050 Assistance to professional educator standards board for activities involving professional educator excellence. The superintendent of public instruction shall provide technical assistance to the professional educator standards board in the conduct of the activities described in RCW 28A.410.040 and 28A.410.050. [2006 c 263 § 819; 1990 c 33 § 252; 1987 c 525 § 227. Formerly RCW 28A.03.375.] 28A.300.050 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Intent—Short title—1987 c 525 §§ 202-233: See notes following RCW 28A.410.040. Severability—1987 c 525: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1987 c 525 § 305.] 28A.300.060 Studies and adoption of classifications for school district budgets—Publication. The superintendent of public instruction and the state auditor jointly, and in cooperation with the senate and house committees on educa28A.300.060 [Title 28A RCW—page 83] 28A.300.065 Title 28A RCW: Common School Provisions tion, shall conduct appropriate studies and adopt classifications or revised classifications under RCW 28A.505.100, defining what expenditures shall be charged to each budget class including administration. The studies and classifications shall be published in the form of a manual or revised manual, suitable for use by the governing bodies of school districts, by the superintendent of public instruction, and by the legislature. [1991 c 116 § 3; 1990 c 33 § 253; 1975-’76 2nd ex.s. c 118 § 23; 1975 1st ex.s. c 5 § 1. Formerly RCW 28A.03.350.] Severability—1975-’76 2nd ex.s. c 118: See note following RCW 28A.505.010. 28A.300.065 Classification and numbering system of school districts. (1) The superintendent of public instruction is responsible for the classification and numbering system of school districts. (2) Any school district in the state that has a student enrollment in its public schools of two thousand pupils or more, as shown by evidence acceptable to the educational service district superintendent and the superintendent of public instruction, is a school district of the first class. Any other school district is a school district of the second class. (3) Whenever the educational service district superintendent finds that the classification of a school district should be changed, and upon the approval of the superintendent of public instruction, the educational service district superintendent shall make an order in conformity with his or her findings and alter the records of his or her office accordingly. Thereafter, the board of directors of the district shall organize in the manner provided by law for the organization of the board of a district of the class to which the district then belongs. (4) Notwithstanding any other provision of chapter 43, Laws of 1975, the educational service district superintendent, with the concurrence of the superintendent of public instruction, may delay approval of a change in classification of any school district for a period not exceeding three years when, in fact, the student enrollment of the district within any such time period does not exceed ten percent, either in a decrease or increase thereof. [1999 c 315 § 202.] 28A.300.065 Part headings and captions not law—1999 c 315: See RCW 28A.315.901. 28A.300.070 Receipt of federal funds for school purposes—Superintendent of public instruction to administer. The state of Washington and/or any school district is hereby authorized to receive federal funds made or hereafter made available by acts of congress for the assistance of school districts in providing physical facilities and/or maintenance and operation of schools, or for any other educational purpose, according to provisions of such acts, and the state superintendent of public instruction shall represent the state in the receipt and administration of such funds. [1969 ex.s. c 223 § 28A.02.100. Prior: 1943 c 220 § 4; Rem. Supp. 1943 § 5109-4. Formerly RCW 28A.02.100, 28.02.100.] 28A.300.070 28A.300.080 Vocational agriculture education— Intent. The legislature recognizes that agriculture is the most basic and singularly important industry in the state, that agriculture is of central importance to the welfare and economic stability of the state, and that the maintenance of this vital 28A.300.080 [Title 28A RCW—page 84] industry requires a continued source of trained and qualified individuals who qualify for employment in agriculture and agribusiness. The legislature declares that it is within the best interests of the people and state of Washington that a comprehensive vocational education program in agriculture be maintained in the state’s secondary school system. [1983 1st ex.s. c 34 § 1. Formerly RCW 28A.03.415.] 28A.300.090 28A.300.090 Vocational agriculture education—Service area established—Duties. (1) A vocational agriculture education service area within the office of the superintendent of public instruction shall be established. Adequate staffing of individuals trained or experienced in the field of vocational agriculture shall be provided for the vocational agriculture education service area for coordination of the state program and to provide assistance to local school districts for the coordination of the activities of student agricultural organizations and associations. (2) The vocational agriculture education service area shall: (a) Assess needs in vocational agriculture education, assist local school districts in establishing vocational agriculture programs, review local school district applications for approval of vocational agriculture programs, evaluate existing programs, plan research and studies for the improvement of curriculum materials for specialty areas of vocational agriculture. Standards and criteria developed under this subsection shall satisfy the mandates of federally-assisted vocational education; (b) Develop in-service programs for teachers and administrators of vocational agriculture, review application for vocational agriculture teacher certification, and assist in teacher recruitment and placement in vocational agriculture programs; (c) Serve as a liaison with the Future Farmers of America, representatives of business, industry, and appropriate public agencies, and institutions of higher education in order to disseminate information, promote improvement of vocational agriculture programs, and assist in the development of adult and continuing education programs in vocational agriculture; and (d) Establish an advisory task force committee of agriculturists, who represent the diverse areas of the agricultural industry in Washington, which shall make annual recommendations including, but not limited to, the development of curriculum, staffing, strategies for the purpose of establishing a source of trained and qualified individuals in agriculture, and strategies for articulating the state program in vocational agriculture education, including youth leadership throughout the state school system. [1983 1st ex.s. c 34 § 2. Formerly RCW 28A.03.417.] 28A.300.100 28A.300.100 Vocational agriculture education— Superintendent to adopt rules. The superintendent of public instruction, pursuant to chapter 34.05 RCW, shall adopt such rules as are necessary to carry out the provisions of RCW 28A.300.090. [1990 c 33 § 254; 1983 1st ex.s. c 34 § 3. Formerly RCW 28A.03.419.] (2008 Ed.) Superintendent of Public Instruction 28A.300.115 28A.300.115 Holocaust instruction—Preparation and availability of instructional materials. (1) Every public high school is encouraged to include in its curriculum instruction on the events of the period in modern world history known as the Holocaust, during which six million Jews and millions of non-Jews were exterminated. The instruction may also include other examples from both ancient and modern history where subcultures or large human populations have been eradicated by the acts of humankind. The studying of this material is a reaffirmation of the commitment of free peoples never again to permit such occurrences. (2) The superintendent of public instruction may prepare and make available to all school districts instructional materials for use as guidelines for instruction under this section. [1992 c 24 § 1.] 28A.300.118 28A.300.118 College credit program information— Notification to schools and parents. (1) Beginning with the 2000-01 school year, the superintendent of public instruction shall notify senior high schools and any other public school that includes ninth grade of the names and contact information of public and private entities offering programs leading to college credit, including information about online advanced placement classes, if the superintendent has knowledge of such entities and if the cost of reporting these entities is minimal. (2) Beginning with the 2000-01 school year, each senior high school and any other public school that includes ninth grade shall publish annually and deliver to each parent with children enrolled in ninth through twelfth grades, information concerning the entrance requirements and the availability of programs in the local area that lead to college credit, including classes such as advanced placement, running start, techprep, skill centers, college in the high school, and international baccalaureate programs. The information may be included with other information the school regularly mails to parents. In addition, each senior high school and any other public school that includes ninth grade shall enclose information of the names and contact information of other public or private entities offering such programs, including online advanced placement programs, to its ninth through twelfth grade students if the school has knowledge of such entities. [2000 c 126 § 1.] Reviser’s note: 2000 c 126 directed that this section be added to chapter 28A.320 RCW. This section has been codified in chapter 28A.300 RCW, which relates more directly to duties of the superintendent of public instruction. 28A.300.119 28A.300.119 Online learning programs for college credit—Information. (1) The office of the superintendent of public instruction shall compile information about online learning programs for high school students to earn college credit and place the information on its web site. Examples of information to be compiled and placed on the web site include links to purveyors of online learning programs, comparisons among various types of programs regarding costs or awarding of credit, advantages and disadvantages of online learning programs, and other general assistance and guidance for students, teachers, and counselors in selecting and considering online learning programs. The office shall use the (2008 Ed.) 28A.300.130 expertise of the digital learning commons and WashingtonOnline to provide assistance and suggest resources. (2) High schools shall ensure that teachers and counselors have information about online learning programs for high school students to earn college credit and are able to assist parents and students in accessing the information. High schools shall ensure that parents and students have opportunities to learn about online learning programs under this section. (3) For the purposes of this section, online learning programs for high school students to earn college credit include such programs as the running start program under RCW 28A.600.300 through 28A.600.400, advanced placement courses authorized by the college board, the digital learning commons, University of Washington extension, WashingtonOnline, and other programs and providers that meet qualifications under current laws and rules to offer courses that high schools may accept for credit toward graduation requirements or that offer courses generally accepted for credit by public institutions of higher education in Washington. [2008 c 95 § 2.] Finding—2008 c 95: "The legislature finds that student interest and participation in online learning continues to grow. At the same time, the legislature, business community, and public are encouraging additional programs for high school students to earn college credits. Fortunately for students attending schools in rural areas, the two trends can be combined to provide learning opportunities that are both rigorous and accessible, and in some cases available free to the student. In 2006-07, more than four thousand five hundred students were able to take an online college course through the running start program, which the community and technical college system makes accessible statewide through its WashingtonOnline consortium. A more concerted effort is needed to make schools and students aware of these opportunities." [2008 c 95 § 1.] 28A.300.120 Administrative hearing—Contract to conduct authorized—Final decision. Whenever a statute or rule provides for a formal administrative hearing before the superintendent of public instruction under chapter 34.05 RCW, the superintendent of public instruction may contract with the office of administrative hearings to conduct the hearing under chapter 34.12 RCW and may delegate to a designee of the superintendent of public instruction the authority to render the final decision. [1985 c 225 § 1. Formerly RCW 28A.03.500.] 28A.300.120 28A.300.130 Center for the improvement of student learning—Educational improvement and research— Clearinghouse for information regarding educational improvement and parental involvement programs—Web site development and maintenance—Reports to the legislature. (1) To facilitate access to information and materials on educational improvement and research, the superintendent of public instruction, to the extent funds are appropriated, shall establish the center for the improvement of student learning. The center shall work in conjunction with parents, educational service districts, institutions of higher education, and education, parent, community, and business organizations. (2) The center, in conjunction with other staff in the office of the superintendent of public instruction, shall: (a) Serve as a clearinghouse for information regarding successful educational improvement and parental involvement programs in schools and districts, and information 28A.300.130 [Title 28A RCW—page 85] 28A.300.135 Title 28A RCW: Common School Provisions about efforts within institutions of higher education in the state to support educational improvement initiatives in Washington schools and districts; (b) Provide best practices research that can be used to help schools develop and implement: Programs and practices to improve instruction; systems to analyze student assessment data, with an emphasis on systems that will combine the use of state and local data to monitor the academic progress of each and every student in the school district; comprehensive, school-wide improvement plans; school-based shared decision-making models; programs to promote lifelong learning and community involvement in education; schoolto-work transition programs; programs to meet the needs of highly capable students; programs and practices to meet the needs of students with disabilities; programs and practices to meet the diverse needs of students based on gender, racial, ethnic, economic, and special needs status; research, information, and technology systems; and other programs and practices that will assist educators in helping students learn the essential academic learning requirements; (c) Develop and maintain an internet web site to increase the availability of information, research, and other materials; (d) Work with appropriate organizations to inform teachers, district and school administrators, and school directors about the waivers available and the broadened school board powers under RCW 28A.320.015; (e) Provide training and consultation services, including conducting regional summer institutes; (f) Identify strategies for improving the success rates of ethnic and racial student groups and students with disabilities, with disproportionate academic achievement; (g) Work with parents, teachers, and school districts in establishing a model absentee notification procedure that will properly notify parents when their student has not attended a class or has missed a school day. The office of the superintendent of public instruction shall consider various types of communication with parents including, but not limited to, electronic mail, phone, and postal mail; and (h) Perform other functions consistent with the purpose of the center as prescribed in subsection (1) of this section. (3) The superintendent of public instruction shall select and employ a director for the center. (4) The superintendent may enter into contracts with individuals or organizations including but not limited to: School districts; educational service districts; educational organizations; teachers; higher education faculty; institutions of higher education; state agencies; business or communitybased organizations; and other individuals and organizations to accomplish the duties and responsibilities of the center. In carrying out the duties and responsibilities of the center, the superintendent, whenever possible, shall use practitioners to assist agency staff as well as assist educators and others in schools and districts. (5) The office of the superintendent of public instruction shall report to the legislature by September 1, 2007, and thereafter biennially, regarding the effectiveness of the center for the improvement of student learning, how the services provided by the center for the improvement of student learning have been used and by whom, and recommendations to improve the accessibility and application of knowledge and information that leads to improved student learning and [Title 28A RCW—page 86] greater family and community involvement in the public education system. [2008 c 165 § 1; 2006 c 116 § 2; 1999 c 388 § 401; 1996 c 273 § 5; 1993 c 336 § 501; 1986 c 180 § 1. Formerly RCW 28A.03.510.] Findings—Intent—2006 c 116: "The legislature finds that expanding activity in educational research, educational restructuring, and educational improvement initiatives has produced and continues to produce much valuable information. The legislature finds that such information should be shared with the citizens and educational community of the state as widely as possible. The legislature further finds that students and schools benefit from increased parental, guardian, and community involvement in education and increased knowledge of and input regarding the delivery of public education. The legislature further finds that increased community involvement with, knowledge of, and input regarding the public education system is particularly needed in low-income and ethnic minority communities. The legislature finds that the center for the improvement of student learning, created by the legislature in 1993 under the auspices of the superintendent of public instruction, has not been allocated funding since the 20012003 biennium, and in effect no longer exists. It is the intent of the legislature to reactivate the center for the improvement of student learning, and to create an educational ombudsman to increase parent, guardian, and community involvement in public education and to serve as a resource for parents and students and as an advocate for students in the public education system." [2006 c 116 § 1.] Part headings and captions not law—Severability—1999 c 388: See RCW 28A.655.901 and 28A.655.902. Effective date—1996 c 273: See note following RCW 28A.300.290. Findings—Intent—Part headings not law—1993 c 336: See notes following RCW 28A.150.210. Findings—1993 c 336: See note following RCW 28A.150.210. Definitions: RCW 28A.655.010. 28A.300.135 Center for the improvement of student learning account. (1) The center for the improvement of student learning account is hereby established in the custody of the state treasurer. The superintendent of public instruction shall deposit in the account all moneys received from gifts, grants, or endowments for the center for the improvement of student learning. Moneys in the account may be spent only for activities of the center. Disbursements from the account shall be on authorization of the superintendent of public instruction or the superintendent’s designee. The account is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements. (2) The superintendent of public instruction may receive such gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of the center for the improvement of student learning and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments. [1993 c 336 § 502.] 28A.300.135 Findings—Intent—Part headings not law—1993 c 336: See notes following RCW 28A.150.210. Findings—1993 c 336: See note following RCW 28A.150.210. 28A.300.137 Education performance measures for African-American students—Report by center for the improvement of student learning. Beginning in January 2010, the center for the improvement of student learning shall report annually to the superintendent of public instruction, the state board of education, the governor, the P-20 council, and the education committees of the legislature on the implementation status of strategies to address the achievement gap 28A.300.137 (2008 Ed.) Superintendent of Public Instruction for African-American students and on the progress in improvement of education performance measures for African-American students. [2008 c 298 § 3.] Findings—Intent—2008 c 298: "(1) The legislature finds that of all the challenges confronting the African-American community, perhaps none is more critical to the future than the education of African-American children. The data regarding inequities, disproportionality, and gaps in achievement is alarming no matter which indicators are used: (a) The gap in reading test scores between African-American and white students on the tenth grade Washington assessment of student learning is twenty percentage points, with only two-thirds of African-American students able to meet the upcoming graduation standard in reading on the first attempt compared to eighty-five percent of white students. African-American students are lagging behind other student groups in reading improvement. (b) African-American students continue to score lowest among student groups in high school mathematics, with only twenty-three percent able to meet state standard on the first attempt, a thirty-three percentage point lag behind white students who have a fifty-six percent met-standard rate. (c) One-fourth of African-American students who enter ninth grade will have dropped out of school by the time their peers graduate in twelfth grade. This measure does not account for the children who, facing significant educational challenges and barriers, have already grown disparaged before the end of middle or junior high school. (2) The legislature further finds that although there are multiple initiatives broadly intended to improve student achievement, including a small number of initiatives to address the achievement gap for disadvantaged students generally, there are only a select few efforts targeted to the challenges of African-American students or designed specifically to engage parents and leaders in the African-American community. The efficacy of general supplemental programs in helping African-American students is unknown. A thoughtful, comprehensive, and inclusive strategy for African-American students has not been created. (3) Therefore, the legislature intends to commission and then implement a clear, concise, and intentional plan of action, with specific strategies and performance benchmarks, to ensure that African-American students meet or exceed all academic standards and are prepared for a quality life and responsible citizenship in the twenty-first century." [2008 c 298 § 1.] 28A.300.145 Educational materials regarding sex offenses, sex offenders, and victims of sexual assault. The Washington coalition of sexual assault programs, in consultation with the Washington association of sheriffs and police chiefs, the Washington association of prosecuting attorneys, and the office of the superintendent of public instruction, shall develop educational materials to be made available throughout the state to inform parents and other interested community members about: (1) The laws related to sex offenses, including registration, community notification[,] and the classification of sex offenders based on an assessment of the risk of reoffending; (2) How to recognize behaviors characteristic of sex offenses and sex offenders; (3) How to prevent victimization, particularly that of young children; (4) How to take advantage of community resources for victims of sexual assault; and (5) Other information as deemed appropriate. [2006 c 135 § 2.] 28A.300.145 28A.300.150 Information on child abuse and neglect prevention curriculum—Rules. The superintendent of public instruction shall collect and disseminate to school districts information on child abuse and neglect prevention curriculum and shall adopt rules dealing with the prevention of child abuse for purposes of curriculum use in the common schools. The superintendent of public instruction and the 28A.300.150 (2008 Ed.) 28A.300.160 departments of social and health services and community, trade, and economic development shall share relevant information. [2006 c 263 § 705; 1994 c 245 § 8; 1987 c 489 § 2. Formerly RCW 28A.03.512.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Intent—1987 c 489: "It is the intent of the legislature to make child abuse and neglect primary prevention education and training available to children, including preschool age children, parents, school employees, and licensed day care providers." [1987 c 489 § 1.] 28A.300.160 Development of coordinated primary prevention program for child abuse and neglect—Office as lead agency. (1) The office of the superintendent of public instruction shall be the lead agency and shall assist the department of social and health services, the department of community, trade, and economic development, and school districts in establishing a coordinated primary prevention program for child abuse and neglect. (2) In developing the program, consideration shall be given to the following: (a) Parent, teacher, and children’s workshops whose information and training is: (i) Provided in a clear, age-appropriate, nonthreatening manner, delineating the problem and the range of possible solutions; (ii) Culturally and linguistically appropriate to the population served; (iii) Appropriate to the geographic area served; and (iv) Designed to help counteract common stereotypes about child abuse victims and offenders; (b) Training for school age children’s parents and school staff, which includes: (i) Physical and behavioral indicators of abuse; (ii) Crisis counseling techniques; (iii) Community resources; (iv) Rights and responsibilities regarding reporting; (v) School district procedures to facilitate reporting and apprise supervisors and administrators of reports; and (vi) Caring for a child’s needs after a report is made; (c) Training for licensed day care providers and parents that includes: (i) Positive child guidance techniques; (ii) Physical and behavioral indicators of abuse; (iii) Recognizing and providing safe, quality day care; (iv) Community resources; (v) Rights and responsibilities regarding reporting; and (vi) Caring for the abused or neglected child; (d) Training for children that includes: (i) The right of every child to live free of abuse; (ii) How to disclose incidents of abuse and neglect; (iii) The availability of support resources and how to obtain help; (iv) Child safety training and age-appropriate selfdefense techniques; and (v) A period for crisis counseling and reporting immediately following the completion of each children’s workshop in a school setting which maximizes the child’s privacy and sense of safety. 28A.300.160 [Title 28A RCW—page 87] 28A.300.164 Title 28A RCW: Common School Provisions (3) The primary prevention program established under this section shall be a voluntary program and shall not be part of the basic program of education. (4) Parents shall be given notice of the primary prevention program and may refuse to have their children participate in the program. [1995 c 399 § 21; 1987 c 489 § 3. Formerly RCW 28A.03.514.] Intent—1987 c 489: See note following RCW 28A.300.150. 28A.300.164 Energy information program. The office of the superintendent of public instruction shall develop an energy information program for use in local school districts. The program shall utilize existing curriculum which may include curriculum as developed by districts or the state relating to the requirement under RCW 28A.230.020 that schools provide instruction in science with special reference to the environment, and shall include but not be limited to the following elements: (1) The fundamental role energy plays in the national and regional economy; (2) Descriptions and explanations of the various sources of energy which are used both regionally and nationally; (3) Descriptions and explanations of the ways to use various energy sources more efficiently; and (4) Advantages and disadvantages to the various sources of present and future supplies of energy. Under this section the office of superintendent of public instruction shall emphasize providing teacher training, promoting the use of local energy experts in the classroom, and dissemination of energy education curriculum. [1990 c 301 § 2.] 28A.300.164 Findings—1990 c 301: "The legislature finds that the state is facing an impending energy supply crisis. The legislature further finds that keeping the importance of energy in the minds of state residents is essential as a means to help avert a future energy supply crisis and that citizens need to be aware of the importance and trade-offs associated with energy efficiency, the implications of wasteful uses of energy, and the need for long-term stable supplies of energy. One efficient and effective method of informing the state’s citizens on energy issues is to begin in the school system, where information may guide energy use decisions for decades into the future." [1990 c 301 § 1.] 28A.300.165 National guard high school career training and national guard youth challenge program— Rules. (1) In addition to any other powers and duties as provided by law, the superintendent of public instruction, in consultation with the military department, shall adopt rules governing and authorizing the acceptance of national guard high school career training and the national guard youth challenge program in lieu of either required high school credits or elective high school credits. (2) With the exception of students enrolled in the national guard youth challenge program, students enrolled in such national guard programs shall be considered enrolled in the common school last attended preceding enrollment in such national guard program. (3) The superintendent shall adopt rules to ensure that students who successfully complete the national guard youth challenge program are granted an appropriate number of high school credits, based on the students’ levels of academic proficiency as measured by the program. [2006 c 263 § 406; 28A.300.165 [Title 28A RCW—page 88] 2002 c 291 § 3; 1975 1st ex.s. c 262 § 1. Formerly RCW 28A.305.170, 28A.04.133.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.300.170 State general fund—Estimates for state support to public schools, from. At such time as the governor shall determine under the provisions of chapter 43.88 RCW, the superintendent of public instruction shall submit such detailed estimates and other information to the governor and in such form as the governor shall determine of the total estimated amount required for appropriation from the state general fund for state support to public schools during the ensuing biennium. [1980 c 6 § 2; 1969 ex.s. c 223 § 28A.41.040. Prior: 1945 c 141 § 11; Rem. Supp. 1945 § 4940-9. Formerly RCW 28A.41.040, 28.41.040.] 28A.300.170 Severability—1980 c 6: See note following RCW 28A.515.320. 28A.300.175 Recovery of payments to recipients of state money—Basis—Resolution of audit findings— Rules. The superintendent of public instruction shall withhold or recover state payments to school districts, educational service districts, and other recipients of state money based on findings of the Washington state auditor. When an audit questions enrollment, staffing, or other data reported to the state and used in state apportionment calculations, the superintendent of public instruction may require submission of revised data, or as an alternative may adjust data based on estimates, and shall revise apportionment calculations and payments accordingly. The superintendent of public instruction shall adopt rules setting forth policies and procedures for the resolution of monetary and nonmonetary audit findings involving state money. [1997 c 167 § 1.] 28A.300.175 28A.300.185 Family preservation education program. The office of the superintendent of public instruction shall develop a family preservation education program model curriculum that is available to each of the school district boards of directors. The model curriculum shall be posted on the superintendent of public instruction’s web site. The model curriculum shall include, but is not limited to, instruction on developing conflict management skills, communication skills, domestic violence and dating violence, financial responsibility, and parenting responsibility. [2005 c 491 § 3.] 28A.300.185 Finding—2005 c 491: See note following RCW 28A.230.185. 28A.300.190 Coordination of video telecommunications programming in schools. The office of the superintendent of public instruction shall provide statewide coordination of video telecommunications programming for the common schools. [1990 c 208 § 8.] 28A.300.190 28A.300.220 Cooperation with workforce training and education coordinating board. The superintendent shall cooperate with the workforce training and education coordinating board in the conduct of the board’s responsibilities under RCW 28C.18.060 and shall provide information and data in a format that is accessible to the board. [1991 c 238 § 78.] 28A.300.220 (2008 Ed.) Superintendent of Public Instruction Effective dates—Severability—1991 c 238: See RCW 28B.50.917 and 28B.50.918. 28A.300.230 Findings—Integration of vocational and academic education. The legislature finds that the needs of the workforce and the economy necessitate enhanced vocational education opportunities in secondary education including curriculum which integrates vocational and academic education. In order for the state’s workforce to be competitive in the world market, employees need competencies in both vocational/technical skills and in core essential competencies such as English, math, science/technology, geography, history, and critical thinking. Curriculum which integrates vocational and academic education reflects that many students learn best through applied learning, and that students should be offered flexible education opportunities which prepare them for both the world of work and for higher education. [1991 c 238 § 140.] 28A.300.230 Effective dates—Severability—1991 c 238: See RCW 28B.50.917 and 28B.50.918. 28A.300.235 Development of model curriculum integrating vocational and academic education. The superintendent of public instruction shall with the advice of the workforce training and education coordinating board develop model curriculum integrating vocational and academic education at the secondary level. The curriculum shall integrate vocational education for gainful employment with education in the academic subjects of English, math, science/technology, geography, and history, and with education in critical thinking. Upon completion, the model curriculum shall be provided for consideration and use by school districts. [1991 c 238 § 141.] 28A.300.235 Effective dates—Severability—1991 c 238: See RCW 28B.50.917 and 28B.50.918. 28A.300.240 International student exchange. (1) The superintendent of public instruction shall annually make available to school districts and approved private schools, from data supplied by the secretary of state, the names of international student exchange visitor placement organizations registered under chapter 19.166 RCW to place students in public schools in the state and a summary of the information the organizations have filed with the secretary of state under chapter 19.166 RCW. (2) The superintendent shall provide general information and assistance to school districts regarding international student exchange visitors, including, to the extent feasible with available resources, information on the type of visa required for enrollment, how to promote positive educational experiences for visiting exchange students, and how to integrate exchange students into the school environment to benefit the education of both the exchange students and students in the state. [1991 c 128 § 11.] 28A.300.240 Severability—Effective date—1991 c 128: See RCW 19.166.900 and 19.166.901. 28A.300.250 Participation in federal nutrition programs—Superintendent’s duties. The superintendent of public instruction shall aggressively solicit eligible schools, child and adult day care centers, and other organizations to 28A.300.250 (2008 Ed.) 28A.300.275 participate in the nutrition programs authorized by the United States department of agriculture. [1991 c 366 § 402.] Finding—1991 c 366: "Hunger and malnutrition threaten the future of a whole generation of children in Washington. Children who are hungry or malnourished are unable to function optimally in the classroom and are thus at risk of lower achievement in school. The resultant diminished future capacity of and opportunities for these children will affect this state’s economic and social future. Thus, the legislature finds that the state has an interest in helping families provide nutritious meals to children. The legislature also finds that the state has an interest in helping hungry and malnourished adults obtain necessary nourishment. Adequate nourishment is necessary for physical health, and physical health is the foundation of self-sufficiency. Adequate nourishment is especially critical in the case of pregnant and lactating women, both to ensure that all mothers and babies are as healthy as possible and to minimize the costs associated with the care of low-birthweight babies." [1991 c 366 § 1.] Finding—1991 c 366: "The legislature finds that the school breakfast and lunch programs, the summer feeding program, and the child and adult day care feeding programs authorized by the United States department of agriculture are effective in addressing unmet nutritional needs. However, some communities in the state do not participate in these programs. The result is hunger, malnutrition, and inadequate nutrition education for otherwise eligible persons living in nonparticipating communities." [1991 c 366 § 401.] Parts and headings not law—1991 c 366: "Parts and headings as used in this act constitute no part of the law." [1991 c 366 § 502.] Severability—1991 c 366: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1991 c 366 § 503.] Effective date—1991 c 366: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991." [1991 c 366 § 504.] 28A.300.270 Violence prevention training. The superintendent of public instruction shall, to the extent funding is available, contract with school districts, educational service districts, and approved in-service providers to conduct training sessions for school certificated and classified employees in conflict resolution and other violence prevention topics. The training shall be developmentally and culturally appropriate for the school populations being served and be research based. The training shall not be based solely on providing materials, but also shall include techniques on imparting these skills to students. The training sessions shall be developed in coordination with school districts, the superintendent of public instruction, parents, law enforcement agencies, human services providers, and other interested parties. The training shall be offered to school districts and school staff requesting the training, and shall be made available at locations throughout the state. [1994 sp.s. c 7 § 602.] 28A.300.270 Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540. 28A.300.275 Alternative school start-up grants— School safety grants—Report to legislative committees. The sum of four million dollars, or as much thereof as may be necessary, is appropriated from the general fund to the superintendent of public instruction for the biennium ending June 30, 2001, for: (1) Alternative school start-up grants which are in addition to the grants funded in the two million dollars alternative school start-up appropriation contained in section 501(2)(l), chapter 309, Laws of 1999, and these grants shall be awarded in the same manner and for the same purposes; 28A.300.275 [Title 28A RCW—page 89] 28A.300.280 Title 28A RCW: Common School Provisions (2) School safety programs for prevention and intervention. School districts may apply for and administer these grants independently or jointly with other school districts or educational service districts. The funds may be expended for proven-effective programs to improve safety in schools, including: Security assessments of school facilities; violence prevention and reporting training for staff as appropriate to the particular duties and responsibilities of the specific staff, including administrators; nonviolence and leadership training for staff and students; and school safety plans. The educational service districts and school districts may contract for any services under this subsection. (3) The superintendent of public instruction shall report to the education committees of the house of representatives and senate on the number and types of programs administered through these grants by February 15, 2001, and February 15th of every two years thereafter. [1999 sp.s. c 12 § 1.] Effective date—1999 sp.s. c 12: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999." [1999 sp.s. c 12 § 5.] 28A.300.280 Conflict resolution program. The superintendent of public instruction and the office of the attorney general, in cooperation with the Washington state bar association, shall develop a volunteer-based conflict resolution and mediation program for use in community groups such as neighborhood organizations and the public schools. The program shall use lawyers to train students who in turn become trainers and mediators for their peers in conflict resolution. [1994 sp.s. c 7 § 611.] 28A.300.280 Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540. 28A.300.285 Harassment, intimidation, and bullying prevention policies—Model policy and training materials—Posting on web site—Advisory committee. (1) By August 1, 2003, each school district shall adopt or amend if necessary a policy, within the scope of its authority, that prohibits the harassment, intimidation, or bullying of any student. It is the responsibility of each school district to share this policy with parents or guardians, students, volunteers, and school employees. (2) "Harassment, intimidation, or bullying" means any intentional electronic, written, verbal, or physical act, including but not limited to one shown to be motivated by any characteristic in RCW 9A.36.080(3), or other distinguishing characteristics, when the intentional electronic, written, verbal, or physical act: (a) Physically harms a student or damages the student’s property; or (b) Has the effect of substantially interfering with a student’s education; or (c) Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or (d) Has the effect of substantially disrupting the orderly operation of the school. Nothing in this section requires the affected student to actually possess a characteristic that is a basis for the harassment, intimidation, or bullying. 28A.300.285 [Title 28A RCW—page 90] (3) The policy should be adopted or amended through a process that includes representation of parents or guardians, school employees, volunteers, students, administrators, and community representatives. It is recommended that each such policy emphasize positive character traits and values, including the importance of civil and respectful speech and conduct, and the responsibility of students to comply with the district’s policy prohibiting harassment, intimidation, or bullying. (4) By August 1, 2002, the superintendent of public instruction, in consultation with representatives of parents, school personnel, and other interested parties, shall provide to school districts and educational service districts a model harassment, intimidation, and bullying prevention policy and training materials on the components that should be included in any district policy. Training materials shall be disseminated in a variety of ways, including workshops and other staff developmental activities, and through the office of the superintendent of public instruction’s web site, with a link to the safety center web page. On the web site: (a) The office of the superintendent of public instruction shall post its model policy, recommended training materials, and instructional materials; (b) The office of the superintendent of public instruction has the authority to update with new technologies access to this information in the safety center, to the extent resources are made available; and (c) Individual school districts shall have direct access to the safety center web site to post a brief summary of their policies, programs, partnerships, vendors, and instructional and training materials, and to provide a link to the school district’s web site for further information. (5) The Washington state school directors association, with the assistance of the office of the superintendent of public instruction, shall convene an advisory committee to develop a model policy prohibiting acts of harassment, intimidation, or bullying that are conducted via electronic means by a student while on school grounds and during the school day. The policy shall include a requirement that materials meant to educate parents and students about the seriousness of cyberbullying be disseminated to parents or made available on the school district’s web site. The school directors association and the advisory committee shall develop sample materials for school districts to disseminate, which shall also include information on responsible and safe internet use as well as what options are available if a student is being bullied via electronic means, including but not limited to, reporting threats to local police and when to involve school officials, the internet service provider, or phone service provider. The school directors association shall submit the model policy and sample materials, along with a recommendation for local adoption, to the governor and the legislature and shall post the model policy and sample materials on its web site by January 1, 2008. Each school district board of directors shall establish its own policy by August 1, 2008. (6) As used in this section, "electronic" or "electronic means" means any communication where there is the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. [2007 c 407 § 1; 2002 c 207 § 2.] (2008 Ed.) Superintendent of Public Instruction Findings—2002 c 207: "The legislature declares that a safe and civil environment in school is necessary for students to learn and achieve high academic standards. The legislature finds that harassment, intimidation, or bullying, like other disruptive or violent behavior, is conduct that disrupts both a student’s ability to learn and a school’s ability to educate its students in a safe environment. Furthermore, the legislature finds that students learn by example. The legislature commends school administrators, faculty, staff, and volunteers for demonstrating appropriate behavior, treating others with civility and respect, and refusing to tolerate harassment, intimidation, or bullying." [2002 c 207 § 1.] 28A.300.290 Effective reading programs—Identification. (1) The center for the improvement of student learning, or its designee, shall develop and implement a process for identifying programs that have been proven to be effective based upon valid research in teaching elementary students to read. Additional programs shall be reviewed after the initial identification of effective programs. (2) In identifying effective reading programs, the center for the improvement of student learning, or its designee, shall consult primary education teachers, statewide reading organizations, institutions of higher education, the commission on student learning, parents, legislators, and other appropriate individuals and organizations. (3) In identifying effective reading programs, the following criteria shall be used: (a) Whether the program will help the student meet the state-level and classroom-based assessments for reading; (b) Whether the program has achieved documented results for students on valid and reliable assessments; (c) Whether the results of the program have been replicated at different locations over a period of time; (d) Whether the requirements and specifications for implementing the program are clear so that potential users can clearly determine the requirements of the program and how to implement it; (e) Whether, when considering the cost of implementing the program, the program is cost-effective relative to other similar types of programs; (f) Whether the program addresses differing student populations; and (g) Other appropriate criteria and considerations. (4) The initial identification of effective reading programs shall be completed and a list of the identified programs prepared by December 31, 1996. [1996 c 273 § 1.] 28A.300.290 Effective date—1996 c 273: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 29, 1996]." [1996 c 273 § 6.] 28A.300.295 Identified programs—Grants for inservice training and instructional materials. The superintendent of public instruction shall establish a grant program to provide incentives for teachers, schools, and school districts to use the identified programs on the approved list in grades kindergarten through four. Schools, school districts, and educational service districts may apply for grants. Funds for the grants shall be used for in-service training and instructional materials. Grants shall be awarded and funds distributed not later than June 30, 1997, for programs in the 199697 and 1997-98 school years. Priority shall be given to grant applications involving schools and school districts with the 28A.300.295 (2008 Ed.) 28A.300.310 lowest mean percentile scores on the statewide third grade test required under *RCW 28A.230.190 among grant applicants. [1999 c 78 § 2; 1996 c 273 § 2.] *Reviser’s note: RCW 28A.230.190 was repealed by 2005 c 217 § 3. Effective date—1996 c 273: See note following RCW 28A.300.290. 28A.300.300 Effective reading programs—Information—Development and implementation of strategies. (1) After effective programs have been identified in accordance with RCW 28A.300.290, the center for the improvement of student learning, or its designee, shall provide information and take other appropriate steps to inform elementary school teachers, principals, curriculum directors, superintendents, school board members, college and university reading instruction faculty, and others of its findings. (2) The center, in cooperation with statewide organizations interested in improving literacy, also shall develop and implement strategies to improve reading instruction in the state, with a special emphasis on the instruction of reading in the primary grades using the effective reading programs that have been identified in accordance with RCW 28A.300.290. The strategies may include, but should not be limited to, expanding and improving reading instruction of elementary school teachers in teacher preparation programs, expanded in-service training in reading instruction, the training of paraprofessionals and volunteers in reading instruction, improving classroom-based assessment of reading, and increasing statewide and regional technical assistance in reading instruction. [1998 c 245 § 11; 1996 c 273 § 4.] 28A.300.300 Effective date—1996 c 273: See note following RCW 28A.300.290. 28A.300.310 Second grade reading assessment— Selection of reading passages—Costs. (1) The superintendent of public instruction shall identify a collection of reading passages and assessment procedures that can be used to measure second grade oral reading accuracy and fluency skills. The purpose of the second grade reading assessment is to provide information to parents, teachers, and school administrators on the level of acquisition of oral reading accuracy and fluency skills of each student at the beginning of second grade. The assessment procedures and each of the reading passages in the collection must: (a) Provide a reliable and valid measure of a student’s oral reading accuracy and fluency skills; (b) Be able to be individually administered; (c) Have been approved by a panel of nationally recognized professionals in the area of beginning reading, whose work has been published in peer-reviewed education research journals, and professionals in the area of measurement and assessment; and (d) Assess student skills in recognition of letter sounds, phonemic awareness, word recognition, and reading connected text. Text used for the test of fluency must be ordered in relation to difficulty. (2) The superintendent of public instruction shall select reading passages for use by schools and school districts participating in pilot projects under RCW 28A.300.320 during the 1997-98 school year. The final collection must be selected by June 30, 1998. The superintendent of public instruction may add reading passages to the initial list if the 28A.300.310 [Title 28A RCW—page 91] 28A.300.320 Title 28A RCW: Common School Provisions passages are comparable in format to the initial passages approved by the expert panel in subsection (1) of this section. (3) The superintendent of public instruction shall develop a per-pupil cost for the assessments in the collection that details the costs for administering the assessments, booklets, scoring, and training required to reliably administer the test. To the extent funds are appropriated, the superintendent of public instruction shall pay for the cost of administering and scoring the assessments, booklets or other assessment material, and training required to administer the test. [1999 c 373 § 101; 1997 c 262 § 2.] Part headings not law—1999 c 373: "Part headings used in this act are not any part of the law." [1999 c 373 § 601.] Findings—1997 c 262: "The legislature acknowledges the definition of reading as "Reading is the process of constructing meaning from written text. It is the complex skill requiring the coordination of a number of interrelated sources of information." Marilyn Adams, Becoming a Nation of Readers 7. The legislature also acknowledges the role that reading accuracy and fluency plays in the comprehension of text. The legislature finds that one way to determine if a child’s inability to read is problematic is to compare the child’s reading fluency and accuracy skills with that of other children. To accomplish this objective, the legislature finds that assessments that test students’ reading fluency and accuracy skills must be scientifically valid and reliable. The legislature further finds that early identification of students with potential reading difficulties can provide valuable information to parents, teachers, and school administrators. The legislature finds that assessment of second grade students’ reading fluency and accuracy skills can assist teachers in planning and implementing a reading curriculum that addresses students’ deficiencies in reading." [1997 c 262 § 1.] 28A.300.320 Second grade reading assessment— Pilot projects—Assessment selection—Assessment results. (1) The superintendent of public instruction shall create a pilot project to identify which second grade reading assessments selected under RCW 28A.300.310 will be included in the final collection of assessments that must be available by June 30, 1998. (2) Schools and school districts may voluntarily participate in the second grade reading test pilot projects in the 1997-98 school year. Schools and school districts voluntarily participating in the pilot project test are not required to have the results available by the fall parent-teacher conference. (3)(a) Starting in the 1998-99 school year, school districts must select an assessment from the collection adopted by the superintendent of public instruction. Selection must be at the entire school district level. (b) The second grade reading assessment selected by the school district must be administered annually in the fall beginning with the 1998-99 school year. Students who score substantially below grade level when assessed in the fall shall be assessed at least one more time during the second grade. Assessment performance deemed to be "substantially below grade level" is to be determined for each passage in the collection by the superintendent of public instruction. (c) If a student, while taking the assessment, reaches a point at which the student’s performance will be considered "substantially below grade level" regardless of the student’s performance on the remainder of the assessment, the assessment may be discontinued. (d) Each school must have the assessment results available by the fall parent-teacher conference. Schools must notify parents about the second grade reading assessment during the conferences, inform the parents of their students’ performance on the assessment, identify actions the school 28A.300.320 [Title 28A RCW—page 92] intends to take to improve the child’s reading skills, and provide parents with strategies to help the parents improve their child’s score. [1999 c 373 § 102; 1998 c 319 § 201; 1997 c 262 § 3.] Part headings not law—1999 c 373: See note following RCW 28A.300.310. Part headings not law—1998 c 319: "Part headings used in this act are not any part of the law." [1998 c 319 § 401.] Intent—1997 c 262: See note following RCW 28A.300.310. 28A.300.330 Primary grade reading grant program. (1) The superintendent of public instruction shall establish a primary grade reading grant program. The purpose of the grant program is to enhance teachers’ skills in using teaching methods that have proven results gathered through quantitative research and to assist students in beginning reading. (2) Schools and school districts may apply for primary grade reading grants. To qualify for a grant, the grant proposal shall provide that the grantee must: (a) Document that the instructional model the grantee intends to implement, including teaching methods and instructional materials, is based on results validated by quantitative methods; (b) Agree to work with the independent contractor identified under subsection (3) of this section to determine the effectiveness of the instructional model selected and the effectiveness of the staff development provided to implement the selected model; and (c) Provide evidence of a significant number of students who are not achieving at grade level. To the extent funds are appropriated, the superintendent of public instruction shall make initial grants available by September 1, 1997, for schools and school districts voluntarily participating in pilot projects under RCW 28A.300.320. Subject to available funding, additional applications may be submitted to the superintendent of public instruction by September 1, 1998, and by September 1st in subsequent years. Grants will be awarded for two years. (3) The superintendent of public instruction shall contract with an independent contractor who has experience in program evaluation and quantitative methods to evaluate the impact of the grant activities on students’ reading skills and the effectiveness of the staff development provided to teachers to implement the instructional model selected by the grantee. Five percent of the funds awarded for grants shall be set aside for the purpose of the grant evaluation conducted by the independent contractor. (4) The superintendent of public instruction shall submit biennially to the legislature and the governor a report on the primary grade reading grant program. The first report must be submitted not later than December 1, 1999, and each succeeding report must be submitted not later than December 1st of each odd-numbered year. Reports must include information on how the schools and school districts used the grant money, the instructional models used, how they were implemented, and the findings of the independent contractor. (5) The superintendent of public instruction shall disseminate information to the school districts five years after the beginning of the grant program regarding the results of the effectiveness of the instructional models and implementation strategies. 28A.300.330 (2008 Ed.) Superintendent of Public Instruction (6) Funding under this section shall not become part of the state’s basic program of education obligation as set forth under Article IX of the state Constitution. [1997 c 262 § 4.] Intent—1997 c 262: See note following RCW 28A.300.310. 28A.300.340 Primary grade reading grant program—Timelines—Rules. (1) The superintendent of public instruction may use up to one percent of the appropriated funds for administration of the primary grade reading grant program established in chapter 262, Laws of 1997. (2) The superintendent of public instruction shall adopt timelines and rules as necessary under chapter 34.05 RCW to administer the primary reading grant program in RCW 28A.300.310. (3) Funding under this section shall not become a part of the state’s basic program of education obligation as set forth under Article IX of the state Constitution. [1997 c 262 § 7.] 28A.300.340 Intent—1997 c 262: See note following RCW 28A.300.310. 28A.300.360 Grants for programs and services— Truant, at-risk, and expelled students. The superintendent of public instruction shall provide, to the extent funds are appropriated, start-up grants for alternative programs and services that provide instruction and learning for truant, at-risk, and expelled students. Each grant application shall contain proposed performance indicators and an evaluation plan to measure the success of the program and its impact on improved student learning. Applications shall contain the applicant’s plan for maintaining the program and services after the grant period. [1999 c 319 § 7.] 28A.300.360 28A.300.370 World War II oral history project. (1) The World War II oral history project is established for the purpose of providing oral history presentations, documentation, and other materials to assist the office of the superintendent of public instruction and educators in the development of a curriculum for use in kindergarten through twelfth grade. (2) To the extent funds are appropriated or donated, the project shall be administered by the office of the superintendent of public instruction. The office shall convene an advisory committee to assist in the design and implementation of the project. The committee shall be composed of members of the World War II memorial educational foundation, the department of veterans affairs, the secretary of state’s office, and legislators involved with and interested in the development of the oral history project. The committee may select its own chair and may expand its membership to include the services of other individuals, agencies, or organizations on the basis of need. The office shall provide staffing and administrative support to the advisory committee. (3) The project will preserve for the education of Washington’s school children the memories and history of our state’s citizens who served their state and country as members of the armed forces or through national or community contributions during World War II. The project is intended to preserve these memories and history through audiotapes, videotapes, films, stories, printed transcripts, digitally, and through other appropriate methods. (4) Any funding provided to the program through the omnibus appropriations act for the 2005-2007 biennium shall 28A.300.370 (2008 Ed.) 28A.300.370 be used to record the memories of women who meet the requirements of subsection (3) of this section. (5) As part of the project, the office of the superintendent of public instruction shall identify the requirements regarding instructional guides to help educators use the preserved material in age and grade appropriate ways. (6) In its administration of the project, the office may carry out its responsibilities through contracts with filming and taping specialists, mini-grants to schools, contracts with the World War II memorial educational foundation, and through other means recommended by the foundation. (7) By December 1, 2000, and every second year thereafter in which the project has received funding, the office shall report on the results of the project to the governor and the house of representatives and senate committees on education. The December 2000 report shall include, but need not be limited to, identification of the project’s implementation strategies and resource requirements, and any curriculum standards developed through the project. [2005 c 75 § 2; 2000 c 112 § 2.] Findings—2005 c 75: "The legislature finds that the women of the greatest generation made essential contributions, in many different ways, to our nation’s success in World War II. During the war, more than four hundred fifty thousand women served their country in the armed forces of the United States. Another group of women provided nursing and support services to the troops. These women were joined by more than two million women back home who, like Rosie the Riveter, worked in industries that supported service men and women abroad. Other women held the nation together by raising families, educating children, and taking care of the ill and elderly. These women held our families, businesses, and communities together, living with rationed goods and services so that the service men and women fighting in the war would have the materials they needed to be successful. The legislature finds that women in all these roles made sacrifices necessary for the success of our nation’s defense and contributions essential to the well-being of the people back home. The legislature further finds that to have a clearer reflection of women’s sacrifices on behalf of freedom and democracy, it is necessary to include in the World War II oral history project the memories of women who contributed to the war effort through either military service or other important contributions to our nation, state, or communities." [2005 c 75 § 1.] Effective date—2005 c 75: "This act takes effect August 1, 2005." [2005 c 75 § 3.] Findings—Intent—2000 c 112: "The legislature finds that more than two hundred fifty thousand of Washington’s citizens served their country in the armed forces of the United States during World War II. The legislature also finds that almost six thousand of those citizens sacrificed their lives to secure our nation’s and the world’s peace and freedom. The legislature finds that the hardships and sacrifices endured by the families and communities of these service men and women were critical to the eventual success of our nation’s defense. The legislature also finds the memories of these stalwart patriots must be preserved to remind future generations of the price the members of the greatest generation paid to preserve our democratic way of life. The legislature further finds that to have a clearer reflection of these sacrifices on behalf of freedom and democracy, it is necessary to include the memories of all women and men of our armed forces, their family members, and others involved in the war effort so that these memories mirror our nation’s rich ethnic diversity. In addition, the legislature recognizes the existence and contributions of the World War II memorial educational foundation. Members of the foundation include World War II veterans, and advisors from the office of veterans affairs, the superintendent of public instruction, and the secretary of state. The legislature intends to honor the veterans who served in World War II and their supportive families by preserving their memories so Washington’s school children will never forget the significant human costs of war and the efforts of their ancestors to preserve and protect our country and the world from tyranny. The legislature further intends that members of the World War II memorial educational foundation have a strong advisory role in the preservation of those memories and the creation of instructional materials on the war." [2000 c 112 § 1.] [Title 28A RCW—page 93] 28A.300.380 Title 28A RCW: Common School Provisions 28A.300.380 Career and technical student organizations—Support services. (1) The superintendent of public instruction shall maintain support for statewide coordination for career and technical student organizations by providing program staff support that is available to assist in meeting the needs of career and technical student organizations and their members and students. The superintendent shall provide at least one full-time equivalent program staff for purposes of implementing this section. The superintendent may provide additional support to the organizations through contracting with independent coordinators. (2) Career and technical student organizations eligible for technical assistance and other support services under this section are organizations recognized as career and technical student organizations by: (a) The United States department of education; or (b) The superintendent of public instruction, if such recognition is recommended by the Washington association for career and technical education. (3) Career and technical student organizations eligible for technical assistance and other support services under this section include, but are not limited to: The national FFA organization; family, career, and community leaders of America; skillsUSA; distributive education clubs of America; future business leaders of America; and the technology student association. [2000 c 84 § 2.] 28A.300.380 Findings—2000 c 84: "(1) The legislature finds that career and technical student organizations: (a) Prepare students for career experiences beyond high school; (b) Help students develop personal, leadership, technical, and occupational skills; (c) Are an integral component of vocational technical instruction programs; and (d) Directly help students achieve state learning goals, especially goals three and four with respect to critical thinking, problem solving, and decision-making skills. (2) The legislature finds that career and technical student organizations are best situated to fulfill their important purpose if they are in existence pursuant to statute and receive ongoing assistance and support from the office of superintendent of public instruction." [2000 c 84 § 1.] 28A.300.390 Washington civil liberties public education program—Findings. The legislature finds that: (1) In order to adequately prepare our youth for their meaningful participation in our democratic institutions and processes, there must be strong educational resources aimed at teaching students and the public about the fragile nature of our constitutional rights. (2) The federal commission on wartime relocation and internment of civilians was established by congress in 1980 to review the facts and circumstances surrounding executive order 9066, issued on February 19, 1942, and the impact of the executive order on American citizens and permanent residents, and to recommend appropriate remedies. The commission of [on] wartime relocation and internment of civilians issued a report of its findings in 1983 with the reports "Personal Justice Denied" and "Personal Justice Denied-Part II, Recommendations." The reports were based on information gathered through twenty days of hearings in cities across the country, particularly the west coast. Testimony was heard from more than seven hundred fifty witnesses, including evacuees, former government officials, public figures, interested citizens, historians, and other pro28A.300.390 [Title 28A RCW—page 94] fessionals who have studied the internment of JapaneseAmericans during World War II. (3) The lessons to be learned from the internment of Japanese-Americans during World War II are embodied in "Personal Justice Denied-Part II, Recommendations" which found that executive order 9066 was not justified by military necessity, and the decisions that followed from it were not founded upon military considerations. These decisions included the exclusion and detention of American citizens and resident aliens of Japanese descent. The broad historical causes that shaped these decisions were race prejudice, war hysteria, and a failure of political leadership. Widespread ignorance about Americans of Japanese descent contributed to a policy conceived in haste and executed in an atmosphere of fear and anger at Japan. A grave personal injustice was done to the American citizens and resident aliens of Japanese ancestry who, without individual review or any probative evidence against them were excluded, removed, and detained by the United States during World War II. (4) A grave injustice was done to both citizens and permanent residents of Japanese ancestry by the evacuation, relocation, and internment of civilians during World War II. These actions were carried out without adequate security reasons and without any documented acts of espionage or sabotage, and were motivated largely by racial prejudice, wartime hysteria, and a failure of political leadership. The excluded individuals of Japanese ancestry suffered enormous damages, both material and intangible, and there were incalculable losses in education and job training, all of which resulted in significant human suffering for which appropriate compensation has not been made. For these fundamental violations of the basic civil liberties and constitutional rights of these individuals of Japanese ancestry, the United States congress apologized on behalf of the nation in the federal civil liberties act of 1988. [2000 c 210 § 1.] 28A.300.395 28A.300.395 Washington civil liberties public education program—Intent. The legislature intends to develop a grant program to fund public educational activities and development of educational materials to ensure that the events surrounding the exclusion, forced removal, and internment of civilians and permanent resident aliens of Japanese ancestry will be remembered, and so that the causes and circumstances of this and similar events may be illuminated and understood. [2000 c 210 § 2.] 28A.300.400 28A.300.400 Washington civil liberties public education program—Definition. As used in RCW 28A.300.390 through 28A.300.415, "program" means the Washington civil liberties public education program, unless the context clearly requires otherwise. [2000 c 210 § 3.] 28A.300.405 28A.300.405 Washington civil liberties public education program—Created—Purpose. Consistent with the legislative findings in RCW 28A.300.390, the legislature shall establish the Washington civil liberties public education program. The program provides grants for the purpose of establishing a legacy of remembrance as part of a continuing process of recovery from the World War II exclusion and (2008 Ed.) Superintendent of Public Instruction detention of individuals of Japanese ancestry. The program is created to do one or both of the following: (1) Educate the public regarding the history and the lessons of the World War II exclusion, removal, and detention of persons of Japanese ancestry through the development, coordination, and distribution of new educational materials and the development of curriculum materials to complement and augment resources currently available on this subject matter; and (2) Develop videos, plays, presentations, speaker bureaus, and exhibitions for presentation to elementary schools, secondary schools, community colleges, and to other interested parties. [2000 c 210 § 4.] 28A.300.410 Washington civil liberties public education program—Grants—Acceptance of gifts, grants, or endowments. (1) The superintendent of public instruction shall allocate grants under the program established in RCW 28A.300.390 through 28A.300.415 from private donations or within amounts appropriated for this specific purpose. The grants shall be awarded on a competitive basis. (2) The superintendent of public instruction may contract with independent review panelists and establish an advisory panel to evaluate and make recommendations to the superintendent of public instruction based on grant applications. (3) The superintendent of public instruction shall select grant recipients from applicants who meet all of the following criteria: (a) The capability to administer and complete the proposed project within specified deadlines and within the specified budget; (b) The experience, knowledge, and qualifications necessary to conduct quality educational activities regarding the exclusion and detention of Japanese-Americans during World War II; (c) Projects that relate the Japanese-American exclusion and detention experience with civil rights included in the Declaration of Independence and the Constitution so that this event may be illuminated and understood in order to prevent similar violations of civil rights in the future; (d) Projects that are designed to maximize the long-term educational impact of this chapter; (e) Projects that build upon, contribute to, and expand upon the existing body of educational and research materials on the exclusion and detention of Japanese-Americans during World War II; and (f) Projects that include the variety of experiences regarding the exclusion and detention of Japanese-Americans and its impact before, during, and after World War II including those Japanese-Americans who served in the military and those who were interned in department of justice camps. (4) Applicants for grants under the program are encouraged to do each of the following: (a) Involve former detainees, those excluded from the military area, and their descendants in the development and implementation of projects; (b) Develop a strategy and plan for raising the level of awareness and understanding among the American public regarding the exclusion and detention of Japanese-Americans 28A.300.410 (2008 Ed.) 28A.300.412 during World War II so that the causes and circumstances of this and similar events may be illuminated and understood; (c) Develop a strategy and plan for reaching the broad, multicultural population through project activities; (d) Develop local and regional consortia of organizations and individuals engaged in similar educational, research, and development efforts; (e) Coordinate and collaborate with organizations and individuals engaging in similar educational, research, and development endeavors to maximize the effect of grants; (f) Utilize creative and innovative methods and approaches in the research, development, and implementation of their projects; (g) Seek matching funds, in-kind contributions, or other sources of support to supplement their proposal; (h) Use a variety of media, including new technology, and the arts to creatively and strategically appeal to a broad audience while enhancing and enriching community-based educational efforts; (i) Include in the grant application, scholarly inquiry related to the variety of experiences and impact of the exclusion and detention of persons of Japanese ancestry during World War II; and (j) Add relevant materials to or catalogue relevant materials in libraries and other repositories for the creation, publication, and distribution of bibliographies, curriculum guides, oral histories, and other resource directories and supporting the continued development of scholarly work on this subject by making a broad range of archival, library, and research materials more accessible to the American public. (5) The superintendent of public instruction may adopt other criteria as it deems appropriate for its review of grant proposals. In reviewing projects for funding, scoring shall be based on an evaluation of all application materials including narratives, attachments, support letters, supplementary materials, and other materials that may be requested of applicants. (6)(a) In the review process, the superintendent of public instruction shall assign the following order of priority to the criteria set forth in subsection (3) of this section: (i) Subsection (3)(a) through (d) of this section, inclusive, shall be given highest priority; and (ii) Subsection (3)(e) through [and] (f) of this section, inclusive, shall be given second priority. (b) The superintendent of public instruction shall consider the overall breadth and variety of the field of applicants to determine the projects that would best fulfill its program and mission. Final grant awards may be for the full amount of the grant requests or for a portion of the grant request. (7) The superintendent of public instruction shall determine the types of applicants eligible to apply for grants under this program. (8) The office may accept gifts, grants, or endowments from public or private sources for the program and may spend any gifts, grants, or endowments or income from public or private sources according to their terms. [2000 c 210 § 5.] 28A.300.412 Washington civil liberties public education program—Report. On or before January 1, 2002, the superintendent of public instruction shall report to the governor and the appropriate fiscal and policy committees of each house of the legislature on the types of grants awarded and 28A.300.412 [Title 28A RCW—page 95] 28A.300.415 Title 28A RCW: Common School Provisions the accomplishments of the program established under RCW 28A.300.390 through 28A.300.410. [2000 c 210 § 6.] 28A.300.415 Washington civil liberties public education program—Short title. RCW 28A.300.390 through 28A.300.415 shall be known as the Washington civil liberties public education act. [2000 c 210 § 7.] 28A.300.415 28A.300.420 Student court programs. The office of the superintendent of public instruction shall encourage school districts to implement, expand, or use student court programs for students who commit violations of school rules and policies. Program operations of student courts may be funded by government and private grants. Student court programs are limited to those that: (1) Are developed using the guidelines for creating and operating student court programs developed by nationally recognized student court projects; (2) Target violations of school rules by students enrolled in public or private school; and (3) Emphasize the following principles: (a) Youth must be held accountable for their problem behavior; (b) Youth must be educated about the impact their actions have on themselves and others including the school, school personnel, their classmates, their families, and their community; (c) Youth must develop skills to resolve problems with their peers more effectively; and (d) Youth should be provided a meaningful forum to practice and enhance newly developed skills. [2002 c 237 § 17.] 28A.300.420 28A.300.430 Collaboration with children’s system of care demonstration sites. It is the expectation of the legislature that local school districts shall collaborate with each children’s system of care demonstration site established under RCW 74.55.010. [2002 c 309 § 6.] 28A.300.430 28A.300.440 Natural science, wildlife, and environmental education grant program. (1) The natural science, wildlife, and environmental education grant program is hereby created, subject to the availability of funds in the natural science, wildlife, and environmental education partnership account. The program is created to promote proven and innovative natural science, wildlife, and environmental education programs that are fully aligned with the state’s essential academic learning requirements, and includes but is not limited to instruction about renewable resources, responsible use of resources, and conservation. (2) The superintendent of public instruction shall establish and publish funding criteria for environmental, natural science, wildlife, forestry, and agricultural education grants. The office of [the] superintendent of public instruction shall involve a cross-section of stakeholder groups to develop socially, economically, and environmentally balanced funding criteria. These criteria shall be based on compliance with the essential academic learning requirements and use methods that encourage critical thinking. The criteria must also include environmental, natural science, wildlife, forestry, and 28A.300.440 [Title 28A RCW—page 96] agricultural education programs with one or more of the following features: (a) Interdisciplinary approaches to environmental, natural science, wildlife, forestry, and agricultural issues; (b) Programs that target underserved, disadvantaged, and multicultural populations; (c) Programs that reach out to schools across the state that would otherwise not have access to specialized environmental, natural science, wildlife, forestry, and agricultural education programs; (d) Proven programs offered by innovative community partnerships designed to improve student learning and strengthen local communities. (3) Eligible uses of grants include, but are not limited to: (a) Continuing in-service and preservice training for educators with materials specifically developed to enable educators to teach essential academic learning requirements in a compelling and effective manner; (b) Proven, innovative programs that align the basic subject areas of the common school curriculum in chapter 28A.230 RCW with the essential academic learning requirements; the basic subject areas should be integrated by using environmental education, natural science, wildlife, forestry, agricultural, and natural environment curricula to meet the needs of various learning styles; and (c) Support and equipment needed for the implementation of the programs in this section. (4) Grants may only be disbursed to nonprofit organizations exempt from income tax under section 501(c) of the federal internal revenue code that can provide matching funds or in-kind services. (5) Grants may not be used for any partisan or political activities. [2003 c 22 § 3.] Intent—2003 c 22: "(1) Effective, natural science, wildlife, and environmental education programs provide the foundation for the development of literate children and adults, setting the stage for lifelong learning. Furthermore, integrating the basic subject areas of the common school curriculum in chapter 28A.230 RCW through natural science, wildlife, and environmental education offers many opportunities for achieving excellence in our schools. Well-designed programs, aligned with the state’s essential academic learning requirements, contribute to the state’s educational reform goals. (2) Washington is fortunate to have institutions and programs that currently provide quality natural science, wildlife, and environmental education and teacher training that is already aligned with the state’s essential academic learning requirements. (3) The legislature intends to further the development of natural science, wildlife, and environmental education by establishing a competitive grant program, funded through state moneys to the extent those moneys are appropriated, or made available through other sources, for proven natural science, wildlife, and environmental education programs that are fully aligned with the state’s essential academic learning requirements." [2003 c 22 § 1.] 28A.300.445 Washington natural science, wildlife, and environmental education partnership account. The Washington natural science, wildlife, and environmental education partnership account is hereby created in the custody of the state treasurer to provide natural science, wildlife, and environmental education opportunities for teachers and students to help achieve the highest quality of excellence in education through compliance with the essential academic learning requirements. Revenues to the account shall consist of appropriations made by the legislature or other sources. Grants and their administration shall be paid from the 28A.300.445 (2008 Ed.) Superintendent of Public Instruction account. Only the superintendent of public instruction or the superintendent’s designee may authorize expenditures from the account. The fund is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. [2003 c 22 § 2.] Intent—2003 c 22: See note following RCW 28A.300.440. 28A.300.450 28A.300.450 Financial literacy public-private partnership—Established. (1) A financial literacy public-private partnership is established, composed of up to four members representing the legislature, one from and appointed by the office of the superintendent of public instruction, one from and appointed by the department of financial institutions, up to four from the financial services sector, and four educators. One or two members of the senate, one of whom is a member of the senate committee on financial services, insurance and housing, shall be appointed by the president of the senate. One or two members of the house of representatives, one of whom is a member of the house committee on financial institutions and insurance, shall be appointed by the speaker of the house of representatives. The superintendent of public instruction shall appoint the members from the financial services sector and educator members. The chair of the partnership shall be selected by the members of the partnership. (2) To the extent funds are appropriated or are available for this purpose, technical and logistical support may be provided by the office of the superintendent of public instruction, the organizations composing the partnership, and other participants in the financial literacy public-private partnership. The superintendent of public instruction shall compile the initial list of members and convene the first meeting of the partnership. (3) The members of the committee shall be appointed by July 1, 2004. (4) Legislative members of the partnership shall receive per diem and travel under RCW 44.04.120. (5) Travel and other expenses of members of the partnership shall be provided by the agency, association, or organization that member represents. [2004 c 247 § 2.] Findings—Intent—2004 c 247: "The legislature recognizes that the average high school student lacks a basic knowledge of personal finance. In addition, the legislature recognizes the damaging effects of not properly preparing youth for the financial challenges of modern life, including bankruptcy, poor retirement planning, unmanageable debt, and a lower standard of living for Washington families. The legislature finds that the purpose of the state’s system of public education is to help students acquire the skills and knowledge they will need to be productive and responsible 21st century citizens. The legislature further finds that responsible citizenship includes an ability to make wise financial decisions. The legislature further finds that financial literacy could easily be included in lessons, courses, and projects that demonstrate each student’s understanding of the state’s four learning goals, including goal four: Understanding the importance of work and how performance, effort, and decisions directly affect future opportunities. The legislature intends to assist school districts in their efforts to ensure that students are financially literate through identifying critical financial literacy skills and knowledge, providing information on instructional materials, and creating a public-private partnership to help provide instructional tools and professional development to school districts that wish to increase the financial literacy of their students." [2004 c 247 § 1.] (2008 Ed.) 28A.300.460 28A.300.455 Financial literacy public-private partnership responsibilities—Definition of financial literacy—Strategies—Reports. (1) By September 30, 2004, the financial literacy public-private partnership shall adopt a definition of financial literacy to be used in educational efforts. (2) By June 30, 2009, the financial literacy public-private partnership shall identify strategies to increase the financial literacy of public school students in our state. To the extent funds are available, strategies to be considered by the partnership shall include, but not be limited to: (a) Identifying and making available to school districts: (i) Important financial literacy skills and knowledge; (ii) Ways in which teachers at different grade levels may integrate financial literacy in mathematics, social studies, and other course content areas; (iii) Instructional materials and programs, including schoolwide programs, that include the important financial literacy skills and knowledge; (iv) Assessments and other outcome measures that schools and communities may use to determine whether students are financially literate; and (v) Other strategies for expanding and increasing the quality of financial literacy instruction in public schools, including professional development for teachers; (b) Developing a structure and set of operating principles for the financial literacy public-private partnership to assist interested school districts in improving the financial literacy of their students by providing such things as financial literacy instructional materials and professional development; and (c) Providing a report to the governor, the house and senate financial institutions and education committees of the legislature, the superintendent of public instruction, the state board of education, and education stakeholder groups, on the results of work of the financial literacy public-private partnership. An interim report shall be submitted to the same parties by June 30, 2007, with a final report by June 30, 2009. [2007 c 459 § 1; 2005 c 277 § 2; 2004 c 247 § 3.] 28A.300.455 Effective date—2007 c 459: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 14, 2007]." [2007 c 459 § 5.] Intent—2005 c 277: "The legislature has directed the financial literacy public-private partnership to complete certain tasks to support efforts to increase the level of financial literacy in the common schools. In order to promote a greater understanding by students of the consequences of a dishonored check, the legislature intends to extend by one year the date by which the financial literacy public-private partnership must identify strategies to increase the financial literacy of public school students in Washington." [2005 c 277 § 1.] F ind ing s— Inte nt— 2 004 c 24 7: See n ot e fol l ow i ng RC W 28A.300.450. 28A.300.460 Financial literacy public-private partnership responsibilities. The task of the financial literacy public-private partnership is to seek out and determine the best methods of equipping students with the knowledge and skills they need, before they become self-supporting, in order for them to make critical decisions regarding their personal finances. The components of personal financial literacy examined shall include, at a minimum, consumer financial education, personal finance, and personal credit. The partnership shall identify the types of outcome measures expected from participating districts and students, in accor28A.300.460 [Title 28A RCW—page 97] 28A.300.465 Title 28A RCW: Common School Provisions dance with the definitions and outcomes developed under RCW 28A.300.455. [2007 c 459 § 2; 2004 c 247 § 5.] Effective date—2007 c 459: See note following RCW 28A.300.455. F ind ing s— Inte nt— 20 04 c 24 7: See n ot e fol l ow i ng RC W 28A.300.450. 28A.300.465 Financial literacy public-private partnership account created. The Washington financial literacy public-private partnership account is hereby created in the custody of the state treasurer. The purpose of the account is to support the financial literacy public-private partnership, and to provide financial literacy opportunities for students and financial literacy professional development opportunities for the teachers providing those educational opportunities. Revenues to the account may include gifts from the private sector, federal funds, and any appropriations made by the legislature or other sources. Grants and their administration shall be paid from the account. Only the superintendent of public instruction or the superintendent’s designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. [2004 c 247 § 6.] 28A.300.465 F ind ing s— Inte nt— 20 04 c 24 7: See n ot e fol l ow i ng RC W 28A.300.450. 28A.300.470 Financial literacy public-private partnership—Expiration. The financial literacy public-private partnership expires June 30, 2009. [2007 c 459 § 4; 2004 c 247 § 7.] 28A.300.470 Effective date—2007 c 459: See note following RCW 28A.300.455. F ind ing s— Inte nt— 20 04 c 24 7: See n ot e fol l ow i ng RC W 28A.300.450. 28A.300.475 Medically accurate sexual health education—Curricula—Participation excused—Parental review. (1) By September 1, 2008, every public school that offers sexual health education must assure that sexual health education is medically and scientifically accurate, age-appropriate, appropriate for students regardless of gender, race, disability status, or sexual orientation, and includes information about abstinence and other methods of preventing unintended pregnancy and sexually transmitted diseases. All sexual health information, instruction, and materials must be medically and scientifically accurate. Abstinence may not be taught to the exclusion of other materials and instruction on contraceptives and disease prevention. A school may choose to use separate, outside speakers or prepared curriculum to teach different content areas or units within the comprehensive sexual health program as long as all speakers, curriculum, and materials used are in compliance with this section. Sexual health education must be consistent with the January 2005 guidelines for sexual health information and disease prevention developed by the department of health and the office of the superintendent of public instruction. (2) As used in chapter 265, Laws of 2007, "medically and scientifically accurate" means information that is verified or supported by research in compliance with scientific methods, is published in peer-review journals, where appropriate, and is recognized as accurate and objective by professional organizations and agencies with expertise in the field of sex28A.300.475 [Title 28A RCW—page 98] ual health including but not limited to the American college of obstetricians and gynecologists, the Washington state department of health, and the federal centers for disease control and prevention. (3) The superintendent of public instruction and the department of health shall make the January 2005 guidelines for sexual health information and disease prevention available to school districts, teachers, and guest speakers on their web sites. Within available resources, the superintendent of public instruction and the department of health shall make any related information, model policies, curricula, or other resources available as well. (4) The superintendent of public instruction, in consultation with the department of health, shall develop a list of sexual health education curricula that are consistent with the 2005 guidelines for sexual health information and disease prevention. This list shall be intended to serve as a resource for schools, teachers, or any other organization or community group, and shall be updated no less frequently than annually and made available on the web sites of the office of the superintendent of public instruction and the department of health. (5) Public schools that offer sexual health education are encouraged to review their sexual health curricula and choose a curriculum from the list developed under subsection (4) of this section. Any public school that offers sexual health education may identify, choose, or develop any other curriculum, if the curriculum chosen or developed complies with the requirements of this section. (6) Any parent or legal guardian who wishes to have his or her child excused from any planned instruction in sexual health education may do so upon filing a written request with the school district board of directors or its designee, or the principal of the school his or her child attends, or the principal’s designee. In addition, any parent or legal guardian may review the sexual health education curriculum offered in his or her child’s school by filing a written request with the school district board of directors, the principal of the school his or her child attends, or the principal’s designee. (7) The office of the superintendent of public instruction shall, through its Washington state school health profiles survey or other existing reporting mechanism, ask public schools to identify any curricula used to provide sexual health education, and shall report the results of this inquiry to the legislature on a biennial basis, beginning with the 2008-09 school year. (8) The requirement to report harassment, intimidation, or bullying under RCW 28A.600.480(2) applies to this section. [2007 c 265 § 2.] Finding—Intent—2007 c 265: "(1) The legislature finds that young people should have the knowledge and skills necessary to build healthy relationships, and to protect themselves from unintended pregnancy and sexually transmitted diseases, including HIV infection. The primary responsibility for sexual health education is with parents and guardians. However, this responsibility also extends to schools and other community groups. It is in the public’s best interest to ensure that young people are equipped with medically and scientifically accurate, age-appropriate information that will help them avoid unintended pregnancies, remain free of sexually transmitted diseases, and make informed, responsible decisions throughout their lives. (2) The legislature intends to support and advance the standards established in the January 2005 guidelines for sexual health information and disease prevention developed by the office of the superintendent of public instruction and the department of health. These guidelines are a fundamental tool to help school districts, teachers, guest speakers, health and counseling providers, community groups, parents, and guardians choose, develop, and (2008 Ed.) Superintendent of Public Instruction evaluate sexual health curricula to better meet the health and safety needs of adolescents and young adults in their communities." [2007 c 265 § 1.] Short title—2007 c 265: "This act may be known and cited as the healthy youth act." [2007 c 265 § 3.] 28A.300.480 Civic education travel grant program. (1) The civic education travel grant program is created to provide travel grants to students participating in statewide, regional, national, or international civic education competitions or events. (2) The superintendent of public instruction shall allocate grants under the program established in this section from private donations or with amounts appropriated for this specific purpose. The grants shall be awarded on a competitive basis. (3) The superintendent of public instruction may contract with independent review panelists and establish an advisory panel to evaluate and make recommendations to the superintendent of public instruction based on grant applications. (4) The superintendent of public instruction shall select grant recipients from student applicants that meet all of the following criteria: (a) Students must be residents of the state of Washington; (b) Students must use the grants to fund travel to civic education-based competitions or events; (c) Students must be participants in the civic education competition or event; and (d) Students must be under the age of twenty-one and not yet have received their high school diploma. (5) Students are encouraged to seek matching funds, in-kind contributions, or other sources of support to supplement their travel expenses. (6) Applicants must include in the grant application the following: (a) A brief description of the civic education competition or event; (b) A brief description of what the applicant expects to learn from the competition or event; (c) The total travel costs and how much the applicant is requesting from the program; and (d) The total amount of matching funds the applicant has already secured or expects to secure. (7) The superintendent of public instruction may adopt other criteria as appropriate for the review of grant proposals. In reviewing student applications for funding, scoring shall be based on an evaluation of all application materials that may be requested of applicants. The superintendent of public instruction shall consider the overall breadth and variety of the field of applicants to determine the projects that would best fulfill the program’s goal. Final grant awards may be for the full amount of the grant request or for a portion of the grant request. (8) The office of the superintendent of public instruction may accept gifts, grants, or endowments from public or private sources for the program and may spend any gifts, grants, or endowments or income from public or private sources according to their terms. [2007 c 291 § 3.] 28A.300.480 Finding—Effective date—2007 c 291: See notes following RCW 28A.300.801. (2008 Ed.) 28A.300.500 28A.300.490 Task force on gangs in schools— Reports. (1) A task force on gangs in schools is created to examine current adult and youth gang activities that are affecting school safety. The task force shall work under the guidance of the superintendent of public instruction school safety center, the school safety center advisory committee, and the Washington association of sheriffs and police chiefs. (2) The task force shall be comprised of representatives, selected by the superintendent of public instruction, who possess expertise relevant to gang activity in schools. The task force shall outline methods for preventing new gangs, eliminating existing gangs, gathering intelligence, and sharing information about gang activities. (3) Beginning December 1, 2007, the task force shall annually report its findings and recommendations to the education committees of the legislature. [2007 c 406 § 2.] 28A.300.490 28A.300.500 Longitudinal student data system. (1) The office of the superintendent of public instruction is authorized to establish a longitudinal student data system for and on behalf of school districts in the state. The primary purpose of the data system is to better aid research into programs and interventions that are most effective in improving student performance, better understand the state’s public educator workforce, and provide information on areas within the educational system that need improvement. (2) The confidentiality of personally identifiable student data shall be safeguarded consistent with the requirements of the federal family educational rights privacy act and applicable state laws. Consistent with the provisions of these federal and state laws, data may be disclosed for educational purposes and studies, including but not limited to: (a) Educational studies authorized or mandated by the state legislature; (b) Studies initiated by other state educational authorities and authorized by the office of the superintendent of public instruction, including analysis conducted by the education data center established under RCW 43.41.400; and (c) Studies initiated by other public or private agencies and organizations and authorized by the office of the superintendent of public instruction. (3) Any agency or organization that is authorized by the office of the superintendent of public instruction to access student-level data shall adhere to all federal and state laws protecting student data and safeguarding the confidentiality and privacy of student records. (4) Nothing in this section precludes the office of the superintendent of public instruction from collecting and distributing aggregate data about students or student-level data without personally identifiable information. [2007 c 401 § 2.] 28A.300.500 Findings—2007 c 401: "The legislature finds that: (1) Reliable data on student progress, characteristics of students and schools, and teacher qualifications and mobility is critical for accountability to the state and to the public; (2) Educational data should be made available as widely as possible while appropriately protecting the privacy of individuals as provided by law; (3) Having a single, comprehensive, and technically compatible student and school-level data system will streamline data collection for school districts, reduce inefficiencies caused by the lack of connectivity, and minimize or eliminate multiple data entry; and (4) Schools and districts should be supported in their management of educational data and should have access to user-friendly programs and [Title 28A RCW—page 99] 28A.300.505 Title 28A RCW: Common School Provisions reports that can be readily used by classroom teachers and building principals to improve instruction." [2007 c 401 § 1.] 28A.300.505 School data systems—Standards— Reporting format. (1) The office of the superintendent of public instruction shall develop standards for school data systems that focus on validation and verification of data entered into the systems to ensure accuracy and compatibility of data. The standards shall address but are not limited to the following topics: (a) Date validation; (b) Code validation, which includes gender, race or ethnicity, and other code elements; (c) Decimal and integer validation; and (d) Required field validation as defined by state and federal requirements. (2) The superintendent of public instruction shall develop a reporting format and instructions for school districts to collect and submit data on student demographics that is disaggregated by distinct ethnic categories within racial subgroups so that analyses may be conducted on student achievement using the disaggregated data. [2007 c 401 § 5.] 28A.300.505 Findings—2007 c 401: See note following RCW 28A.300.500. 28A.300.510 After-school mathematics support program—Reports. (1) The after-school mathematics support program is created to study the effects of intentional, skilled mathematics support included as part of an existing afterschool activity program. (2) The office of the superintendent of public instruction shall provide grants to selected community-based, nonprofit organizations that provide after-school programs and include support for students to learn mathematics. (3) Grant applicants must demonstrate the capacity to provide assistance in mathematics learning in the following ways: (a) Identifying the mathematics content and instructional skill of the staff or volunteers assisting students; (b) Identifying proposed learning strategies to be used, which could include computer-based instructional and skill practice programs and tutoring by adults or other students; (c) Articulating the plan for connection with school mathematics teachers to coordinate student assistance; and (d) Articulating the plan for assessing student and program success. (4) Priority will be given to applicants that propose programs to serve middle school and junior high school students. (5) The office of the superintendent of public instruction shall evaluate program outcomes and report to the governor and the education committees of the legislature on the outcomes of the grants and make recommendations related to program continuation, program modification, and issues related to program sustainability and possible program expansion. An interim report is due November 1, 2008. The final report is due December 1, 2009. [2007 c 396 § 3.] 28A.300.510 Capti ons no t la w— 200 7 c 396: See no te fol lo win g RC W 28A.305.215. Finding—Intent—2007 c 396: See note following RCW 28A.300.515. 28A.300.515 Statewide director for math, science, and technology—Duties—Reporting. The superintendent 28A.300.515 [Title 28A RCW—page 100] of public instruction shall provide support for statewide coordination for math, science, and technology, including employing a statewide director for math, science, and technology. The duties of the director shall include, but not be limited to: (1) Within funds specifically appropriated therefor, obtain a statewide license, or otherwise obtain and disseminate, an interactive, project-based high school and middle school technology curriculum that includes a comprehensive professional development component for teachers and, if possible, counselors, and also includes a systematic program evaluation. The curriculum must be distributed to all school districts, or as many as feasible, by the 2007-08 school year; (2) Within funds specifically appropriated therefor, supporting a public-private partnership to assist school districts with implementing an ongoing, inquiry-based science program that is based on a research-based model of systemic reform and aligned with the Washington state science grade level expectations; (3) Within funds specifically appropriated therefor, supporting a public-private partnership to provide enriching opportunities in mathematics, engineering, and science for underrepresented students in grades kindergarten through twelve using exemplary materials and instructional approaches; (4) In an effort to increase precollege and prework interest in math, science, and technology fields, in collaboration with the community and technical colleges, the four-year institutions of higher education, and the workforce training and education coordinating board, conducting outreach efforts to attract middle and high school students to careers in math, science, and technology and to educate students about the coursework that is necessary to be adequately prepared to succeed in these fields; (5) Coordinating youth opportunities in math, science, and technology, including facilitating student participation in school clubs, state-level fairs, national competitions, and encouraging partnerships between students and university faculty or industry to facilitate such student participation; (6) Developing and maintaining public-private partnerships to generate business and industry assistance to accomplish the following: (a) Increasing student engagement and career awareness, including increasing student participation in the youth opportunities in subsection (5) of this section; (b) Creation and promotion of student scholarships, internships, and apprenticeships; (c) Provision of relevant teacher experience and training, including on-the-job professional development opportunities; (d) Upgrading kindergarten through twelfth grade school equipment and facilities to support high quality math, science, and technology programs; (7) Assembling a cadre of inspiring speakers employed or experienced in the relevant fields to speak to kindergarten through twelfth grade students to demonstrate the breadth of the opportunities in the relevant fields as well as share the types of coursework that is [are] necessary for someone to be successful in the relevant field; (2008 Ed.) Superintendent of Public Instruction (8) Providing technical assistance to schools and school districts, including working with counselors in support of the math, science, and technology programs; and (9) Reporting annually to the legislature about the actions taken to provide statewide coordination for math, science, and technology. [2007 c 396 § 15.] Finding—Intent—2007 c 396: "The legislature finds that knowledge, skills, and opportunities in mathematics, science, and technology should be increased for all students in Washington. The legislature intends to foster capacity between and among the educational sectors to enable continuous and sustainable growth of the learning and teaching of mathematics, science, and technologies. The legislature intends to foster high quality mathematics, science, and technology programs to increase the number of students in the kindergarten through twelfth grade pipeline who are prepared and aspire to continue in the areas of mathematics, science, and technology, whether it be at a college, university, or in the workforce." [2007 c 396 § 12.] Capti ons no t la w— 200 7 c 396: See no te fol lo win g RC W 28A.305.215. 28A.300.520 Policies to support children of incarcerated parents. (1) The superintendent of public instruction shall review current policies and assess the adequacy and availability of programs targeted at children who have a parent who is incarcerated in a department of corrections facility. The superintendent of public instruction shall adopt policies that support the children of incarcerated parents and meet their needs with the goal of facilitating normal child development, including maintaining adequate academic progress, while reducing intergenerational incarceration. (2) The superintendent shall conduct the following activities to assist in implementing the requirements of subsection (1) of this section: (a) Gather information and data on the students who are the children of inmates incarcerated in department of corrections facilities; and (b) Participate in the children of incarcerated parents advisory committee and report information obtained under this section to the advisory committee. [2007 c 384 § 5.] 28A.300.520 Intent—Finding—2007 c 384: See note following RCW 72.09.495. 28A.300.525 Students in children’s administration out-of-home care—Report on educational experiences. The superintendent of public instruction shall provide an annual aggregate report to the legislature on the educational experiences and progress of students in children’s administration out-of-home care. This data should be disaggregated in the smallest units allowable by law that do not identify an individual student, in order to learn which school districts are experiencing the greatest success and challenges in achieving quality educational outcomes with students in children’s administration out-of-home care. [2008 c 297 § 2.] 28A.300.525 28A.300.800 Education of school-age children in short-term foster care—Working group—Recommendations to legislature. (1) Within existing resources, the department of social and health services, in cooperation with the office of the superintendent of public instruction, shall convene a working group to prepare a plan for the legislature which addresses educational stability and continuity for school-age children who enter into short-term foster care. The working group shall be comprised of representatives from: 28A.300.800 (2008 Ed.) 28A.300.801 (a) The children’s administration of the department of social and health services; (b) The special education, transportation, and apportionment divisions of the office of the superintendent of public instruction; (c) The Washington state institute for public policy; (d) School districts; (e) Organizations that regularly advocate for foster children; (f) Foster parents; and (g) Other individuals with related expertise as deemed appropriate by the working group. (2)(a) The working group shall develop a plan for assuring that the best interests of the child are a primary consideration in the school placement of a child in short-term foster care. The plan must: (i) Determine the current status of school placement for children placed in short-term foster care; (ii) Identify options and possible funding sources from existing resources which could be made available to assure that children placed in short-term foster care are able to remain in the school where they were enrolled prior to placement; (iii) Submit recommendations to the legislature by November 1, 2002, to assure the best interest of the child receives primary consideration in school placement decisions. (b) The plan shall be developed within existing resources. [2002 c 326 § 1.] Effective date—2002 c 326: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 2, 2002]." [2002 c 326 § 3.] 28A.300.801 Legislative youth advisory council. (Expires June 30, 2009.) (1) The legislative youth advisory council is established to examine issues of importance to youth, including but not limited to education, employment, strategies to increase youth participation in state and municipal government, safe environments for youth, substance abuse, emotional and physical health, foster care, poverty, homelessness, and youth access to services on a statewide and municipal basis. (2) The council consists of twenty-two members as provided in this subsection who, at the time of appointment, are aged fourteen to eighteen. The council shall select a chair from among its members. (3) Except for initial members, members shall serve twoyear terms, and if eligible, may be reappointed for subsequent two-year terms. One-half of the initial members shall be appointed to one-year terms, and these appointments shall be made in such a way as to preserve overall representation on the committee. (4)(a) By July 2, 2007, and annually thereafter, students may apply to be considered for participation in the program by completing an online application form and submitting the application to the legislative youth advisory council. The council may develop selection criteria and an application review process. The council shall recommend candidates whose names will be submitted to the office of the lieutenant 28A.300.801 [Title 28A RCW—page 101] Chapter 28A.305 Title 28A RCW: Common School Provisions governor for final selection. The office of the lieutenant governor shall notify all applicants of the final selections. (b) The office of the lieutenant governor shall make the application available on the lieutenant governor’s web site. (5) The council shall have the following duties: (a) Advising the legislature on proposed and pending legislation, including state budget expenditures and policy matters relating to youth; (b) Advising the standing committees of the legislature and study commissions, committees, and task forces regarding issues relating to youth; (c) Conducting periodic seminars for its members regarding leadership, government, and the legislature; (d) Accepting grants and donations from public and private sources to support the activities of the council; and (e) Reporting annually by December 1st to the legislature on its activities, including proposed legislation that implements recommendations of the council. (6) In carrying out its duties under this section, the council may meet at least three times but not more than six times per year. The council shall consider conducting at least some of the meetings via the K-20 telecommunications network. Councils are encouraged to invite local state legislators to participate in the meetings. The council is encouraged to poll other students in order to get a broad perspective on the various issues. The council is encouraged to use technology to conduct the polling, including the council’s web site, if the council has a web site. (7) Members shall be reimbursed as provided in RCW 43.03.050 and 43.03.060. (8) The office of superintendent of public instruction shall provide administration, coordination, and facilitation assistance to the council. The senate and house of representatives may provide policy and fiscal briefings and assistance with drafting proposed legislation. The senate and the house of representatives shall each develop internal policies relating to staff assistance provided to the council. Such policies may include applicable internal personnel and practices guidelines, resource use and expense reimbursement guidelines, and applicable ethics mandates. Provision of funds, resources, and staff, as well as the assignment and direction of staff, remains at all times within the sole discretion of the chamber making the provision. (9) The office of the lieutenant governor, the office of [the] superintendent of public instruction, the legislature, any agency of the legislature, and any official or employee of such office or agency are immune from liability for any injury that is incurred by or caused by a member of the youth advisory council and that occurs while the member of the council is performing duties of the council or is otherwise engaged in activities or receiving services for which reimbursement is allowed under subsection (7) of this section. The immunity provided by this subsection does not apply to an injury intentionally caused by the act or omission of an employee or official of the superintendent of public instruction or the legislature or any agency of the legislature. (10) This section expires June 30, 2009. [2007 c 291 § 2; 2005 c 355 § 1.] Finding—2007 c 291: "The legislature finds that the legislative youth advisory council provides a unique opportunity for middle and high school students to be actively involved in government. Councilmembers not only [Title 28A RCW—page 102] learn about, but exercise, the core values and democratic principles of our state and nation, along with the rights and responsibilities of citizenship and democratic civic involvement. As such, they are engaged in authentic practice of the essential academic learning requirements in civics. In the short time since its creation, the legislative youth advisory council has studied, debated, and begun to formulate positions and recommendations on such important topics as education reform, school finance, public school learning environments, health and fitness education, and standardized testing. The legislature continues to stress the importance of civics education and support the type of civic involvement by students exemplified by the legislative youth advisory council." [2007 c 291 § 1.] Effective date—2007 c 291: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 2, 2007]." [2007 c 291 § 4.] Chapter 28A.305 Chapter 28A.305 RCW STATE BOARD OF EDUCATION Sections 28A.305.011 28A.305.021 28A.305.035 28A.305.130 28A.305.140 28A.305.145 28A.305.190 28A.305.215 28A.305.219 28A.305.900 28A.305.901 28A.305.902 Board membership—Terms—Compensation. Election of board members—Restrictions. Joint report to the legislature. Powers and duties—Purpose. Waiver from provisions of RCW 28A.150.200 through 28A.150.220 authorized. Application process for waivers under RCW 28A.305.140. Eligibility to take general educational development test. Essential academic learning requirements and grade level expectations—Revised standards and curricula for mathematics and science—Duties of the state board of education and the superintendent of public instruction—Revised graduation requirements. Mathematics advisory panel—Science advisory panel. Transfer of powers and duties—State board of education. Transfer of powers and duties—Academic achievement and accountability commission. Transfer of duties—Review and recommendation—2006 c 263. Assistance of certificated or classified employee—Reimbursement for substitute: RCW 28A.300.035. Corporal punishment prohibited—Adoption of policy: RCW 28A.150.300. Reimbursement for substitute if employee serves state board or superintendent: RCW 28A.300.035. 28A.305.011 Board membership—Terms—Compensation. (1) The membership of the state board of education shall be composed of sixteen members who are residents of the state of Washington: (a) Seven shall be members representing the educational system, as follows: (i) Five members elected by school district directors. Three of the members elected by school district directors shall be residents of western Washington and two members shall be residents of eastern Washington; (ii) One member elected at-large by the members of the boards of directors of all private schools in the state meeting the requirements of RCW 28A.195.010; and (iii) The superintendent of public instruction; (b) Seven members appointed by the governor; and (c) Two students selected in a manner determined by the state board of education. (2) Initial appointments shall be for terms from one to four years in length, with the terms expiring on the second Monday of January of the applicable year. As the terms of the first appointees expire or vacancies on the board occur, the governor shall appoint or reappoint members of the board 28A.305.011 (2008 Ed.) State Board of Education to complete the initial terms or to four-year terms, as appropriate. (a) Appointees of the governor must be individuals who have demonstrated interest in public schools and are supportive of educational improvement, have a positive record of service, and who will devote sufficient time to the responsibilities of the board. (b) In appointing board members, the governor shall consider the diversity of the population of the state. (c) All appointments to the board made by the governor are subject to confirmation by the senate. (d) No person may serve as a member of the board, except the superintendent of public instruction, for more than two consecutive full four-year terms. (3) The governor may remove an appointed member of the board for neglect of duty, misconduct, malfeasance, or misfeasance in office, or for incompetent or unprofessional conduct as defined in chapter 18.130 RCW. In such a case, the governor shall file with the secretary of state a statement of the causes for and the order of removal from office, and the secretary of state shall send a certified copy of the statement of causes and order of removal to the last known post office address of the member. (4)(a) The chair of the board shall be elected by a majority vote of the members of the board. The chair of the board shall serve a term of two years, and may be reelected to an additional term. A member of the board may not serve as chair for more than two consecutive terms. (b) Eight voting members of the board constitute a quorum for the transaction of business. (c) All members except the student members are voting members. (5) Members of the board appointed by the governor who are not public employees shall be compensated in accordance with RCW 43.03.250 and shall be reimbursed for travel expenses incurred in carrying out the duties of the board in accordance with RCW 43.03.050 and 43.03.060. [2006 c 263 § 105; 2005 c 497 § 101.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Intent—2005 c 497: "The legislature intends to reconstitute the state board of education and to refocus its purpose; to abolish the academic achievement and accountability commission; to assign policy and rule-making authority for educator preparation and certification to the professional educator standards board and to clearly define its purpose; and to align the missions of the state board of education and the professional educator standards board to create a collaborative and effective governance system that can accelerate progress towards achieving the goals in RCW 28A.150.210." [2005 c 497 § 1.] Part headings not law—2005 c 497: "Part headings used in this act are not any part of the law." [2005 c 497 § 408.] Effective date—2005 c 497 §§ 101, 103, 105, 106, 201 through 220, 301, 401, and 403: "Sections 101, 103, 105, 106, 201 through 220, 301, 401, and 403 through 405 of this act take effect January 1, 2006." [2005 c 497 § 409.] 28A.305.021 Election of board members—Restrictions. The election of state board of education members by school directors and private school board members shall be conducted by the office of the superintendent of public instruction for the members of the state board who begin serving on January 1, 2006, and thereafter. 28A.305.021 (2008 Ed.) 28A.305.035 (1) The superintendent shall adopt rules for the conduct of elections, which shall include, but need not be limited to: The definition of the eastern Washington and western Washington geographic regions of the state for the purpose of determining board member positions; the weighting of votes cast by the number of students in the school director’s school district or board member’s private school; election and dispute resolution procedures; the process for filling vacancies; and election timelines. The election timeline shall include calling for elections no later than the twenty-fifth of August, and notification of the election results no later than the fifteenth of December. (2) State board member positions one and two shall be filled by residents of the eastern Washington region and positions three, four, and five shall be filled by residents of the western Washington region. (3) A school director shall be eligible to vote only for a candidate for each position in the geographic region within which the school director resides. (4) Initial terms of the individuals elected by the school directors shall be for terms of two to four years in length as follows: Two members, one from eastern Washington and one from western Washington, shall be elected to two-year terms; two members, one from eastern Washington and one from western Washington, shall be elected to four-year terms; and one member from western Washington shall be elected to a three-year term. The term of the private school member shall be two years. All terms shall expire on the second Monday of January of the applicable year. (5) No person employed in any public or private school, college, university, or other educational institution or any educational service district superintendent’s office or in the office of the superintendent of public instruction is eligible for membership on the state board of education. No member of a board of directors of a local school district or private school may continue to serve in that capacity after having been elected to the state board. [2005 c 497 § 102.] Effective date—2005 c 497 § 102: "Section 102 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 16, 2005]." [2005 c 497 § 411.] Intent—Part headings not law—2005 c 497: See notes following RCW 28A.305.011. 28A.305.035 28A.305.035 Joint report to the legislature. (1) By October 15th of each even-numbered year, the state board of education and the professional educator standards board shall submit a joint report to the legislative education committees, the governor, and the superintendent of public instruction. The report shall address the progress the boards have made and the obstacles they have encountered, individually and collectively, in the work of achieving the goals in RCW 28A.150.210. (2) The state board of education shall include the chairs and ranking minority members of the legislative education committees in board communications so that the legislature can be kept apprised of the discussions and proposed actions of the board. [2006 c 263 § 103; 2005 c 497 § 103.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. [Title 28A RCW—page 103] 28A.305.130 Title 28A RCW: Common School Provisions Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. 28A.305.130 Powers and duties—Purpose. The purpose of the state board of education is to provide advocacy and strategic oversight of public education; implement a standards-based accountability system to improve student academic achievement; provide leadership in the creation of a system that personalizes education for each student and respects diverse cultures, abilities, and learning styles; and promote achievement of the goals of RCW 28A.150.210. In addition to any other powers and duties as provided by law, the state board of education shall: (1) Hold regularly scheduled meetings at such time and place within the state as the board shall determine and may hold such special meetings as may be deemed necessary for the transaction of public business; (2) Form committees as necessary to effectively and efficiently conduct the work of the board; (3) Seek advice from the public and interested parties regarding the work of the board; (4) For purposes of statewide accountability: (a) Adopt and revise performance improvement goals in reading, writing, science, and mathematics, by subject and grade level, once assessments in these subjects are required statewide; academic and technical skills, as appropriate, in secondary career and technical education programs; and student attendance, as the board deems appropriate to improve student learning. The goals shall be consistent with student privacy protection provisions of RCW 28A.655.090(7) and shall not conflict with requirements contained in Title I of the federal elementary and secondary education act of 1965, or the requirements of the Carl D. Perkins vocational education act of 1998, each as amended. The goals may be established for all students, economically disadvantaged students, limited English proficient students, students with disabilities, and students from disproportionately academically underachieving racial and ethnic backgrounds. The board may establish school and school district goals addressing high school graduation rates and dropout reduction goals for students in grades seven through twelve. The board shall adopt the goals by rule. However, before each goal is implemented, the board shall present the goal to the education committees of the house of representatives and the senate for the committees’ review and comment in a time frame that will permit the legislature to take statutory action on the goal if such action is deemed warranted by the legislature; (b) Identify the scores students must achieve in order to meet the standard on the Washington assessment of student learning and, for high school students, to obtain a certificate of academic achievement. The board shall also determine student scores that identify levels of student performance below and beyond the standard. The board shall consider the incorporation of the standard error of measurement into the decision regarding the award of the certificates. The board shall set such performance standards and levels in consultation with the superintendent of public instruction and after consideration of any recommendations that may be developed by any advisory committees that may be established for this purpose. The initial performance standards and any changes recommended by the board in the performance stan28A.305.130 [Title 28A RCW—page 104] dards for the tenth grade assessment shall be presented to the education committees of the house of representatives and the senate by November 30th of the school year in which the changes will take place to permit the legislature to take statutory action before the changes are implemented if such action is deemed warranted by the legislature. The legislature shall be advised of the initial performance standards and any changes made to the elementary level performance standards and the middle school level performance standards; (c) Adopt objective, systematic criteria to identify successful schools and school districts and recommend to the superintendent of public instruction schools and districts to be recognized for two types of accomplishments, student achievement and improvements in student achievement. Recognition for improvements in student achievement shall include consideration of one or more of the following accomplishments: (i) An increase in the percent of students meeting standards. The level of achievement required for recognition may be based on the achievement goals established by the legislature and by the board under (a) of this subsection; (ii) Positive progress on an improvement index that measures improvement in all levels of the assessment; and (iii) Improvements despite challenges such as high levels of mobility, poverty, English as a second language learners, and large numbers of students in special populations as measured by either the percent of students meeting the standard, or the improvement index. When determining the baseline year or years for recognizing individual schools, the board may use the assessment results from the initial years the assessments were administered, if doing so with individual schools would be appropriate; (d) Adopt objective, systematic criteria to identify schools and school districts in need of assistance and those in which significant numbers of students persistently fail to meet state standards. In its deliberations, the board shall consider the use of all statewide mandated criterion-referenced and norm-referenced standardized tests; (e) Identify schools and school districts in which state intervention measures will be needed and a range of appropriate intervention strategies after the legislature has authorized a set of intervention strategies. After the legislature has authorized a set of intervention strategies, at the request of the board, the superintendent shall intervene in the school or school district and take corrective actions. This chapter does not provide additional authority for the board or the superintendent of public instruction to intervene in a school or school district; (f) Identify performance incentive systems that have improved or have the potential to improve student achievement; (g) Annually review the assessment reporting system to ensure fairness, accuracy, timeliness, and equity of opportunity, especially with regard to schools with special circumstances and unique populations of students, and a recommendation to the superintendent of public instruction of any improvements needed to the system; and (h) Include in the biennial report required under RCW 28A.305.035, information on the progress that has been made in achieving goals adopted by the board; (2008 Ed.) State Board of Education (5) Accredit, subject to such accreditation standards and procedures as may be established by the state board of education, all private schools that apply for accreditation, and approve, subject to the provisions of RCW 28A.195.010, private schools carrying out a program for any or all of the grades kindergarten through twelve: PROVIDED, That no private school may be approved that operates a kindergarten program only: PROVIDED FURTHER, That no private schools shall be placed upon the list of accredited schools so long as secret societies are knowingly allowed to exist among its students by school officials; (6) Articulate with the institutions of higher education, workforce representatives, and early learning policymakers and providers to coordinate and unify the work of the public school system; (7) Hire an executive director and an administrative assistant to reside in the office of the superintendent of public instruction for administrative purposes. Any other personnel of the board shall be appointed as provided by RCW 28A.300.020. The board may delegate to the executive director by resolution such duties as deemed necessary to efficiently carry on the business of the board including, but not limited to, the authority to employ necessary personnel and the authority to enter into, amend, and terminate contracts on behalf of the board. The executive director, administrative assistant, and all but one of the other personnel of the board are exempt from civil service, together with other staff as now or hereafter designated as exempt in accordance with chapter 41.06 RCW; and (8) Adopt a seal that shall be kept in the office of the superintendent of public instruction. [2008 c 27 § 1; 2006 c 263 § 102; 2005 c 497 § 104; 2002 c 205 § 3; 1997 c 13 § 5; 1996 c 83 § 1; 1995 c 369 § 9; 1991 c 116 § 11; 1990 c 33 § 266. Prior: 1987 c 464 § 1; 1987 c 39 § 1; prior: 1986 c 266 § 86; 1986 c 149 § 3; 1984 c 40 § 2; 1979 ex.s. c 173 § 1; 1975-’76 2nd ex.s. c 92 § 1; 1975 1st ex.s. c 275 § 50; 1974 ex.s. c 92 § 1; 1971 ex.s. c 215 § 1; 1971 c 48 § 2; 1969 ex.s. c 223 § 28A.04.120; prior: 1963 c 32 § 1; 1961 c 47 § 1; prior: (i) 1933 c 80 § 1; 1915 c 161 § 1; 1909 c 97 p 236 § 5; 1907 c 240 § 3; 1903 c 104 § 12; 1897 c 118 § 27; 1895 c 150 § 1; 1890 p 352 § 8; Code 1881 § 3165; RRS § 4529. (ii) 1919 c 89 § 3; RRS § 4684. (iii) 1909 c 97 p 238 § 6; 1897 c 118 § 29; RRS § 4530. Formerly RCW 28A.04.120, 28.04.120, 28.58.280, 28.58.281, 28.58.282, 43.63.140.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Effective date—2005 c 497 §§ 104, 302, 402, and 406 through 408: "Sections 104, 302, 402, and 406 through 408 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2005." [2005 c 497 § 410.] Intent—Part headings not law—2005 c 497: See notes following RCW 28A.305.011. Findings—Severability—Effective dates—2002 c 205 §§ 2, 3, and 4: See notes following RCW 28A.320.125. Effective date—1995 c 369: See note following RCW 43.43.930. Severability—1986 c 266: See note following RCW 38.52.005. Severability—1984 c 40: See note following RCW 28A.195.050. Severability—1975-’76 2nd ex.s. c 92: "If any provision of this 1976 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975-’76 2nd ex.s. c 92 § 6.] (2008 Ed.) 28A.305.215 Child abuse and neglect—Development of primary prevention program: RCW 28A.300.160. Districts to develop programs and establish programs regarding child abuse and neglect prevention: RCW 28A.225.200. Professional certification not required of superintendents or deputy or assistant superintendents: RCW 28A.410.120. Use of force on children—Policy—Actions presumed unreasonable: RCW 9A.16.100. 28A.305.140 Waiver from provisions of RCW 28A.150.200 through 28A.150.220 authorized. The state board of education may grant waivers to school districts from the provisions of RCW 28A.150.200 through 28A.150.220 on the basis that such waiver or waivers are necessary to implement successfully a local plan to provide for all students in the district an effective education system that is designed to enhance the educational program for each student. The local plan may include alternative ways to provide effective educational programs for students who experience difficulty with the regular education program. The state board shall adopt criteria to evaluate the need for the waiver or waivers. [1990 c 33 § 267; (1992 c 141 § 302 expired September 1, 2000); 1985 c 349 § 6. Formerly RCW 28A.04.127.] 28A.305.140 Contingent expiration date—1992 c 141 § 302: "Section 302, chapter 141, Laws of 1992 shall expire September 1, 2000, unless by September 1, 2000, a law is enacted stating that a school accountability and academic assessment system is not in place." [1994 c 245 § 11; 1992 c 141 § 508.] That law was not enacted by September 1, 2000. Severability—1985 c 349: See note following RCW 28A.150.260. 28A.305.145 Application process for waivers under RCW 28A.305.140. School districts may use the application process in *RCW 28A.300.138 to apply for waivers under RCW 28A.305.140. [1993 c 336 § 302.] 28A.305.145 *Reviser’s note: RCW 28A.300.138 was repealed by 1999 c 388 § 603. Findings—Intent—Part headings not law—1993 c 336: See notes following RCW 28A.150.210. Findings—1993 c 336: See note following RCW 28A.150.210. 28A.305.190 Eligibility to take general educational development test. The state board of education shall adopt rules governing the eligibility of a child sixteen years of age and under nineteen years of age to take the general educational development test if the child provides a substantial and warranted reason for leaving the regular high school education program, or if the child was home-schooled. [1993 c 218 § 1; 1991 c 116 § 5; 1973 c 51 § 2. Formerly RCW 28A.04.135.] 28A.305.190 Severability—1973 c 51: See note following RCW 28A.225.010. Waiver of fees or residency requirements at community colleges for students completing a high school education: RCW 28B.15.520. 28A.305.215 Essential academic learning requirements and grade level expectations—Revised standards and curricula for mathematics and science—Duties of the state board of education and the superintendent of public instruction—Revised graduation requirements. (1) The activities in this section revise and strengthen the state learning standards that implement the goals of RCW 28A.150.210, known as the essential academic learning requirements, and 28A.305.215 [Title 28A RCW—page 105] 28A.305.215 Title 28A RCW: Common School Provisions improve alignment of school district curriculum to the standards. (2) The state board of education shall be assisted in its work under subsections (3), (4), and (5) of this section by: (a) An expert national consultant in each of mathematics and science retained by the state board; and (b) the mathematics and science advisory panels created under RCW 28A.305.219, as appropriate, which shall provide review and formal comment on proposed recommendations to the superintendent of public instruction and the state board of education on new revised standards and curricula. (3) By September 30, 2007, the state board of education shall recommend to the superintendent of public instruction revised essential academic learning requirements and grade level expectations in mathematics. The recommendations shall be based on: (a) Considerations of clarity, rigor, content, depth, coherence from grade to grade, specificity, accessibility, and measurability; (b) Study of: (i) Standards used in countries whose students demonstrate high performance on the trends in international mathematics and science study and the programme for international student assessment; (ii) College readiness standards; (iii) The national council of teachers of mathematics focal points and the national assessment of educational progress content frameworks; and (iv) Standards used by three to five other states, including California, and the nation of Singapore; and (c) Consideration of information presented during public comment periods. (4)(a) By February 29, 2008, the superintendent of public instruction shall revise the essential academic learning requirements and the grade level expectations for mathematics and present the revised standards to the state board of education and the education committees of the senate and the house of representatives as required by RCW 28A.655.070(4). (b) The state board of education shall direct an expert national consultant in mathematics to: (i) Analyze the February 2008 version of the revised standards, including a comparison to exemplar standards previously reviewed under this section; (ii) Recommend specific language and content changes needed to finalize the revised standards; and (iii) Present findings and recommendations in a draft report to the state board of education. (c) By May 15, 2008, the state board of education shall review the consultant’s draft report, consult the mathematics advisory panel, hold a public hearing to receive comment, and direct any subsequent modifications to the consultant’s report. After the modifications are made, the state board of education shall forward the final report and recommendations to the superintendent of public instruction for implementation. (d) By July 1, 2008, the superintendent of public instruction shall revise the mathematics standards to conform precisely to and incorporate each of the recommendations of the state board of education under subsection (4)(c) of this section and submit the revisions to the state board of education. [Title 28A RCW—page 106] (e) By July 31, 2008, the state board of education shall either approve adoption by the superintendent of public instruction of the final revised standards as the essential academic learning requirements and grade level expectations for mathematics, or develop a plan for ensuring that the recommendations under subsection (4)(c) of this section are implemented so that final revised mathematics standards can be adopted by September 25, 2008. (5) By June 30, 2008, the state board of education shall recommend to the superintendent of public instruction revised essential academic learning requirements and grade level expectations in science. The recommendations shall be based on: (a) Considerations of clarity, rigor, content, depth, coherence from grade to grade, specificity, accessibility, and measurability; (b) Study of standards used by three to five other states and in countries whose students demonstrate high performance on the trends in international mathematics and science study and the programme for international student assessment; and (c) Consideration of information presented during public comment periods. (6) By December 1, 2008, the superintendent of public instruction shall revise the essential academic learning requirements and the grade level expectations for science and present the revised standards to the state board of education and the education committees of the senate and the house of representatives as required by RCW 28A.655.070(4). The superintendent shall adopt the revised essential academic learning requirements and grade level expectations unless otherwise directed by the legislature during the 2009 legislative session. (7)(a) Within six months after the standards under subsection (4) of this section are adopted, the superintendent of public instruction shall present to the state board of education recommendations for no more than three basic mathematics curricula each for elementary, middle, and high school grade spans. (b) Within two months after the presentation of the recommended curricula, the state board of education shall provide official comment and recommendations to the superintendent of public instruction regarding the recommended mathematics curricula. The superintendent of public instruction shall make any changes based on the comment and recommendations from the state board of education and adopt the recommended curricula. (c) By May 15, 2009, the superintendent of public instruction shall present to the state board of education recommendations for no more than three basic science curricula each for elementary, middle, and high school grade spans. (d) By June 30, 2009, the state board of education shall provide official comment and recommendations to the superintendent of public instruction regarding the recommended science curricula. The superintendent of public instruction shall make any changes based on the comment and recommendations from the state board of education and adopt the recommended curricula. (e) In selecting the recommended curricula under this subsection (7), the superintendent of public instruction shall provide information to the mathematics and science advisory (2008 Ed.) State Board of Education panels created under RCW 28A.305.219, as appropriate, and seek the advice of the appropriate panel regarding the curricula that shall be included in the recommendations. (f) The recommended curricula under this subsection (7) shall align with the revised essential academic learning requirements and grade level expectations. In addition to the recommended basic curricula, appropriate diagnostic and supplemental materials shall be identified as necessary to support each curricula. (g) Subject to funds appropriated for this purpose and availability of the curricula, at least one of the curricula in each grade span and in each of mathematics and science shall be available to schools and parents online at no cost to the school or parent. (8) By December 1, 2007, the state board of education shall revise the high school graduation requirements under RCW 28A.230.090 to include a minimum of three credits of mathematics, one of which may be a career and technical course equivalent in mathematics, and prescribe the mathematics content in the three required credits. (9) Nothing in this section requires a school district to use one of the recommended curricula under subsection (7) of this section. However, the statewide accountability plan adopted by the state board of education under RCW 28A.305.130 shall recommend conditions under which school districts should be required to use one of the recommended curricula. The plan shall also describe the conditions for exception to the curriculum requirement, such as the use of integrated academic and career and technical education curriculum. Required use of the recommended curricula as an intervention strategy must be authorized by the legislature as required by RCW 28A.305.130(4)(e) before implementation. (10) The superintendent of public instruction shall conduct a comprehensive survey of the mathematics curricula being used by school districts at all grade levels and the textbook and curriculum purchasing cycle of the districts and report the results of the survey to the education committees of the legislature by November 15, 2008. [2008 c 274 § 2; 2008 c 172 § 2; 2007 c 396 § 1.] Reviser’s note: This section was amended by 2008 c 172 § 2 and by 2008 c 274 § 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Intent—2008 c 172: "The legislature intends that the revised mathematics standards by the office of the superintendent of public instruction will set higher expectations for Washington’s students by fortifying content and increasing rigor; provide greater clarity, specificity, and measurability about what is expected of students in each grade; supply more explicit guidance to educators about what to teach and when; enhance the relevance of mathematics to students’ lives; and ultimately result in more Washington students having the opportunity to be successful in mathematics. Additionally, the revised mathematics standards should restructure the standards to make clear the importance of all aspects of mathematics: Mathematics content including the standard algorithms, conceptual understanding of the content, and the application of mathematical processes within the content." [2008 c 172 § 1.] Effective date—2008 c 172: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 26, 2008]." [2008 c 172 § 3.] Effective date—2007 c 396 §§ 1 and 2: "Sections 1 and 2 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [May 9, 2007]." [2007 c 396 § 22.] (2008 Ed.) 28A.305.900 Captions not law—2007 c 396: "Captions used in this act are not any part of the law." [2007 c 396 § 19.] Finding—Intent—2007 c 396: See note following RCW 28A.300.515. 28A.305.219 Mathematics advisory panel—Science advisory panel. (Expires June 30, 2012.) (1) The state board of education shall appoint a mathematics advisory panel and a science advisory panel to advise the board regarding essential academic learning requirements, grade level expectations, and recommended curricula in mathematics and science and to monitor implementation of these activities. In conducting their work, the panels shall provide objective reviews of materials and information provided by any expert national consultants retained by the board and shall provide a public and transparent forum for consideration of mathematics and science learning standards and curricula. (2) Each panel shall include no more than sixteen members with representation from individuals from academia in mathematics and science-related fields, individuals from business and industry in mathematics and science-related fields, mathematics and science educators, parents, and other individuals who could contribute to the work of the panel based on their experiences. (3) Each member of each panel shall be compensated in accordance with RCW 43.03.220 and reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. School districts shall be reimbursed for the cost of substitutes for the mathematics and science educators on the panels as required under RCW 28A.300.035. Members of the panels who are employed by a public institution of higher education shall be provided sufficient time away from their regular duties, without loss of benefits or privileges, to fulfill the responsibilities of being a panel member. (4) Panel members shall not have conflicts of interest with regard to association with any publisher, distributor, or provider of curriculum, assessment, or test materials and services purchased by or contracted through the office of the superintendent of public instruction, educational service districts, or school districts. (5) This section expires June 30, 2012. [2007 c 396 § 2.] 28A.305.219 Effective date—2007 c 396 §§ 1 and 2: See note following RCW 28A.305.215. Capt ion s n ot l aw— 200 7 c 396 : See no te fol lo win g R CW 28A.305.215. Finding—Intent—2007 c 396: See note following RCW 28A.300.515. 28A.305.900 Transfer of powers and duties—State board of education. (1) The state board of education as constituted prior to January 1, 2006, is hereby abolished and its powers, duties, and functions are hereby transferred to the state board of education as specified in chapter 497, Laws of 2005. All references to the director or the state board of education as constituted prior to January 1, 2006, in the Revised Code of Washington shall be construed to mean the director or the state board of education as specified in chapter 497, Laws of 2005. (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the state board of education as constituted prior to January 1, 2006, shall be delivered to the custody of the state board of education as specified in chapter 497, Laws of 2005. All cabinets, 28A.305.900 [Title 28A RCW—page 107] 28A.305.901 Title 28A RCW: Common School Provisions furniture, office equipment, motor vehicles, and other tangible property employed by the state board of education as constituted prior to January 1, 2006, shall be made available to the state board of education as specified in chapter 497, Laws of 2005. All funds, credits, or other assets held by the state board of education as constituted prior to January 1, 2006, shall be assigned to the state board of education as specified in chapter 497, Laws of 2005. (b) Any appropriations made to the state board of education as constituted prior to January 1, 2006, shall, on January 1, 2006, be transferred and credited to the state board of education as specified in chapter 497, Laws of 2005. (c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned. (3) All employees of the state board of education as constituted prior to January 1, 2006, are transferred to the jurisdiction of the state board of education as specified in chapter 497, Laws of 2005. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the state board of education as specified in chapter 497, Laws of 2005 to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service. (4) All rules and all pending business before the state board of education as constituted prior to January 1, 2006, shall be continued and acted upon by the state board of education as specified in chapter 497, Laws of 2005. All existing contracts and obligations shall remain in full force and shall be performed by the state board of education as specified in chapter 497, Laws of 2005. (5) The transfer of the powers, duties, functions, and personnel of the state board of education as constituted prior to January 1, 2006, shall not affect the validity of any act performed before January 1, 2006. (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification. (7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel resources board as provided by law. [2005 c 497 § 301.] Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. 28A.305.901 Transfer of powers and duties—Academic achievement and accountability commission. (1) The academic achievement and accountability commission is hereby abolished and its powers, duties, and functions are hereby transferred to the state board of education. All refer28A.305.901 [Title 28A RCW—page 108] ences to the director or the academic achievement and accountability commission in the Revised Code of Washington shall be construed to mean the director or the state board of education. (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the academic achievement and accountability commission shall be delivered to the custody of the state board of education. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the academic achievement and accountability commission shall be made available to the state board of education. All funds, credits, or other assets held by the academic achievement and accountability commission shall be assigned to the state board of education. (b) Any appropriations made to the academic achievement and accountability commission shall, on July 1, 2005, be transferred and credited to the state board of education. (c) If any question arises as to the transfer of any funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned. (3) All rules and all pending business before the academic achievement and accountability commission shall be continued and acted upon by the state board of education. All existing contracts and obligations shall remain in full force and shall be performed by the state board of education. (4) The transfer of the powers, duties, and functions of the academic achievement and accountability commission shall not affect the validity of any act performed before July 1, 2005. (5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification. (6) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel resources board as provided by law. [2005 c 497 § 302.] Effective date—2005 c 497 §§ 104, 302, 402, and 406-408: See note following RCW 28A.305.130. 28A.305.902 Transfer of duties—Review and recommendation—2006 c 263. The legislature encourages the members of the new state board of education to review the transfer of duties from the state board to other entities made in chapter 263, Laws of 2006 and if any of the duties that were transferred away from the state board are necessary for the board to accomplish the purpose set out in chapter 263, Laws of 2006 then the state board shall come back to the legislature to request those necessary duties to be returned to the state board of education. The state board of education is encouraged to make such a request by January 15, 2007. [2006 c 263 § 101.] 28A.305.902 (2008 Ed.) Educational Service Districts Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Chapter 28A.310 Chapter 28A.310 RCW EDUCATIONAL SERVICE DISTRICTS Sections 28A.310.010 Purpose. 28A.310.020 Changes in number of, boundaries—Initiating, hearings, considerations—Superintendent’s duties. 28A.310.030 ESD board—Membership—Board member district boundaries. 28A.310.040 ESD board—Members—Terms. 28A.310.050 ESD board—Members—Nine member boards. 28A.310.060 ESD board—Members—Terms—Vacancies. 28A.310.070 ESD board—Members—Restriction on other service. 28A.310.080 ESD board—Members—Elections, calling and notice. 28A.310.090 ESD board—Members—Elections—Declarations of candidacy. 28A.310.100 ESD board—Members—Elections—Certification. 28A.310.110 ESD board—Members—Elections, contest of. 28A.310.120 ESD board—Return to seven member board. 28A.310.130 ESD board—Vacation of board member position because of failure to attend meetings. 28A.310.140 School district to be entirely within single educational service district. 28A.310.150 ESD board—Members—Qualifications, oath, bond—Organization—Quorum. 28A.310.160 ESD board—Reimbursement of members for expenses. 28A.310.170 ESD superintendent—Appointment, procedure—Term, salary, discharge—ESD superintendent review committee. 28A.310.180 ESD board—Compliance with rules and regulations— Depository and distribution center—Cooperative service programs, joint purchasing programs, and direct student service programs including pupil transportation. 28A.310.190 ESD board—Teachers’ institutes, directors’ meetings— Cooperation with state supervisor—Certification of data. 28A.310.200 ESD board—Powers and duties—Rules. 28A.310.202 ESD board—Partnership with regional support network to operate a wraparound model site. 28A.310.210 ESD board—Payment of member expenses—Payment of dues into statewide association of board members, restrictions. 28A.310.220 ESD board—Delegation of powers and duties to superintendent. 28A.310.230 Assistant superintendents and other personnel—Appointment, salaries, duties. 28A.310.240 Employee leave policy required. 28A.310.250 Certificated employees of district—Contracts of employment—Nonrenewal of contracts—Notice. 28A.310.260 Certificated employees of district—Adverse change in contract status—Notice—Probable cause—Review—Appeal. 28A.310.270 ESD superintendent’s powers and duties—Chief executive officer. 28A.310.280 ESD superintendent’s powers and duties—Records and reports. 28A.310.290 ESD superintendent’s powers and duties—Oaths and affirmations. 28A.310.300 ESD superintendent’s powers and duties—Generally. 28A.310.310 Headquarters office—Official records—Transfers of records. 28A.310.320 ESD superintendents, employees—Travel expenses and subsistence—Advance payment. 28A.310.330 Budgeting procedures for districts. 28A.310.340 Identification of core services for budget purposes—Generally. 28A.310.350 Identification of core services for budget purposes—Specific services listed. 28A.310.360 Identification of core services for budget purposes—Formula utilized for ESD’s biennial budget request. 28A.310.370 District budget—State funds, allocation of—District general expense fund—Created, deposits, expenditures. 28A.310.390 District budget request—Procedure for approval. 28A.310.400 Legal services. 28A.310.410 Ex officio treasurer of district. 28A.310.420 County or intermediate district superintendent and board employees to terminate or transfer employment—Benefits retained. 28A.310.430 Local school district superintendents to advise board and superintendent. 28A.310.440 ESD as self-insurer—Authority. (2008 Ed.) 28A.310.020 28A.310.460 Contracts to lease building space and portable buildings and lease or have maintained security systems, computers and other equipment. 28A.310.470 Delegation to ESD of SPI program, project or service—Contract. 28A.310.480 Delegation to ESD of state board of education program, project or service—Contract. 28A.310.490 ESD employee attendance incentive program—Remuneration or benefit plan for unused sick leave. Chapter not to apply to certain materials printed in educational service district: RCW 82.04.600. Interlocal cooperation act: Chapter 39.34 RCW. Redistricting by local governments and municipal corporations—Census information for—Plan, prepared when, criteria for, hearing on, request for review of, certification, remand—Sanctions when review request frivolous: RCW 29A.76.010. Regional educational technology support centers—Advisory councils: See RCW 28A.650.020. Special education medical services: RCW 74.09.5253. 28A.310.010 Purpose. It shall be the intent and purpose of this chapter to establish educational service districts as regional agencies which are intended to: (1) Provide cooperative and informational services to local school districts; (2) Assist the superintendent of public instruction and the state board of education in the performance of their respective statutory or constitutional duties; and (3) Provide services to school districts and to the school for the deaf and the school for the blind to assure equal educational opportunities. [1988 c 65 § 1; 1977 ex.s. c 283 § 1; 1975 1st ex.s. c 275 § 1; 1971 ex.s. c 282 § 1; 1969 ex.s. c 176 § 1. Formerly RCW 28A.21.010, 28.19.500.] 28A.310.010 Severability—1977 ex.s. c 283: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1977 ex.s. c 283 § 26.] Severability—1971 ex.s. c 282: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1971 ex.s. c 282 § 45.] Rights preserved—1969 ex.s. c 176: "The amendment or repeal of any section referred to herein shall not be construed as affecting any existing right acquired under the provisions of the statutes amended or repealed nor any rule, regulation or order adopted pursuant thereto nor as affecting any proceeding as instituted thereunder." [1969 ex.s. c 176 § 160.] Severability—1969 ex.s. c 176: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1969 ex.s. c 176 § 161.] 28A.310.020 Changes in number of, boundaries— Initiating, hearings, considerations—Superintendent’s duties. The state board of education upon its own initiative, or upon petition of any educational service district board, or upon petition of at least half of the district superintendents within an educational service district, or upon request of the superintendent of public instruction, may make changes in the number and boundaries of the educational service districts, including an equitable adjustment and transfer of any and all property, assets, and liabilities among the educational service districts whose boundaries and duties and responsibilities are increased and/ or decreased by such changes, consistent with the purposes of RCW 28A.310.010: PROVIDED, That no reduction in the number of educational service districts will take effect after June 30, 1995, without a majority 28A.310.020 [Title 28A RCW—page 109] 28A.310.030 Title 28A RCW: Common School Provisions approval vote by the affected school directors voting in such election by mail ballot. Prior to making any such changes, the state board shall hold at least one public hearing on such proposed action and shall consider any recommendations on such proposed action. The state board in making any change in boundaries shall give consideration to, but not be limited by, the following factors: Size, population, topography, and climate of the proposed district. The superintendent of public instruction shall furnish personnel, material, supplies, and information necessary to enable educational service district boards and superintendents to consider the proposed changes. [1994 sp.s. c 6 § 513; 1993 sp.s. c 24 § 522; 1990 c 33 § 270; 1977 ex.s. c 283 § 2; 1971 ex.s. c 282 § 2; 1969 ex.s. c 176 § 2. Formerly RCW 28A.21.020, 28.19.505.] Severability—1994 sp.s. c 6: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1994 sp.s. c 6 § 904.] Effective date—1994 sp.s. c 6: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 6, 1994]." [1994 sp.s. c 6 § 905.] on a basis of equal population, with consideration being given existing board members of existing educational service district boards. Each educational service district board member shall be elected by the school directors of each school district within the educational service district. Beginning in 1971 and every ten years thereafter, educational service district boards shall review and, if necessary, shall change the boundaries of board-member districts so as to provide so far as practicable equal representation according to population of such board-member districts and to conform to school district boundary changes: PROVIDED, That all board-member district boundaries, to the extent necessary to conform with this chapter, shall be immediately redrawn for the purposes of the next election called by the superintendent of public instruction following any reorganization pursuant to this chapter. Such district board, if failing to make the necessary changes prior to June 1st of the appropriate year, shall refer for settlement questions on board-member district boundaries to the office of the superintendent of public instruction, which, after a public hearing, shall decide such questions. [2006 c 263 § 603; 1990 c 33 § 271; 1977 ex.s. c 283 § 14; 1975 1st ex.s. c 275 § 3; 1974 ex.s. c 75 § 1; 1971 ex.s. c 282 § 3; 1969 ex.s. c 176 § 3. Formerly RCW 28A.21.030, 28.19.510.] Severability—1993 sp.s. c 24: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1993 sp.s. c 24 § 932.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Effective dates—1993 sp.s. c 24: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993, except for section 308(5) of this act which shall take effect immediately [May 28, 1993]." [1993 sp.s. c 24 § 933.] Severability—1974 ex.s. c 75: "If any provision of this 1974 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1974 ex.s. c 75 § 24.] Seve ra bi li ty—1 977 e x.s. c 283 : Se e no te fo llo wing R CW 28A.310.010. Seve ra bi li ty—1 971 e x.s. c 282 : Se e no te fo llo wing R CW 28A.310.010. Severability—Rights preserved—1969 ex.s. c 176: See notes following RCW 28A.310.010. Seve ra bili ty— 1977 e x.s. c 283 : Se e no te fo llo wing R CW 28A.310.010. Seve ra bili ty— 1971 e x.s. c 282 : Se e no te fo llo wing R CW 28A.310.010. Severability—Rights preserved—1969 ex.s. c 176: See notes following RCW 28A.310.010. City, town, and district general elections—Exceptions—Special elections: RCW 29A.04.330. 28A.310.040 ESD board—Members—Terms. The term of office for each board member shall be four years and until a successor is duly elected and qualified. For the first election or an election following reorganization, board-member district positions numbered one, three, five, and seven in each educational service district shall be for a term of four years and positions numbered two, four, and six shall be for a term of two years. [1975 1st ex.s. c 275 § 5; 1974 ex.s. c 75 § 4. Formerly RCW 28A.21.0303.] 28A.310.040 28A.310.030 ESD board—Membership—Board member district boundaries. Except as otherwise provided in this chapter, in each educational service district there shall be an educational service district board consisting of seven members elected by the school directors of the educational service district, one from each of seven educational service district board-member districts. Board-member districts in districts reorganized under RCW 28A.310.020, or as provided for in RCW 28A.310.120 and under this section, shall be initially determined by the state board of education. If a reorganization pursuant to RCW 28A.310.020 places the residence of a board member into another or newly created educational service district, such member shall serve on the board of the educational service district of residence and at the next election called by the superintendent of public instruction pursuant to RCW 28A.310.080 a new seven member board shall be elected. If the redrawing of board-member district boundaries pursuant to this chapter shall cause the resident board-member district of two or more board members to coincide, such board members shall continue to serve on the board and at the next election called by the superintendent of public instruction a new board shall be elected. The board-member districts shall be arranged so far as practicable 28A.310.030 [Title 28A RCW—page 110] Severability—1974 ex.s. c 75: See note following RCW 28A.310.030. 28A.310.050 ESD board—Members—Nine member boards. Any educational service district board may elect by resolution of the board to increase the board member size to nine board members. In such case positions number eight and nine shall be filled at the next election called by the superintendent of public instruction, position numbered eight to be for a term of two years, position numbered nine to be for a term of four years. Thereafter the terms for such positions shall be for four years. [2006 c 263 § 604; 1977 ex.s. c 283 § 19; 1975 1st ex.s. c 275 § 6; 1974 ex.s. c 75 § 5. Formerly RCW 28A.21.0304.] 28A.310.050 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. (2008 Ed.) Educational Service Districts Seve ra bi li ty—1 977 e x.s. c 283 : Se e no te fo llo wing R CW 28A.310.010. Severability—1974 ex.s. c 75: See note following RCW 28A.310.030. 28A.310.060 ESD board—Members—Terms— Vacancies. The term of every educational service district board member shall begin on the second Monday in January next following the election at which he or she was elected: PROVIDED, That a person elected to less than a full term pursuant to this section shall take office as soon as the election returns have been certified and he or she has qualified. In the event of a vacancy in the board from any cause, such vacancy shall be filled by appointment of a person from the same board-member district by the educational service district board. In the event that there are more than three vacancies in a seven-member board or four vacancies in a ninemember board, the superintendent of public instruction shall fill by appointment sufficient vacancies so that there shall be a quorum of the board serving. Each appointed board member shall serve until his or her successor has been elected at the next election called by the superintendent of public instruction and has qualified. [2006 c 263 § 605; 1977 ex.s. c 283 § 20; 1975 1st ex.s. c 275 § 7; 1974 ex.s. c 75 § 6. Formerly RCW 28A.21.0305.] 28A.310.060 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Seve ra bi li ty—1 977 e x.s. c 283 : Se e no te fo llo wing R CW 28A.310.010. Severability—1974 ex.s. c 75: See note following RCW 28A.310.030. 28A.310.070 ESD board—Members—Restriction on other service. No person shall serve as an employee of a school district or as a member of a board of directors of a common school district or as a member of the state board of education and as a member of an educational service district board at the same time. [1975 1st ex.s. c 275 § 8; 1974 ex.s. c 75 § 7. Formerly RCW 28A.21.0306.] 28A.310.070 Severability—1974 ex.s. c 75: See note following RCW 28A.310.030. 28A.310.080 ESD board—Members—Elections, calling and notice. Not later than the twenty-fifth day of August of every odd-numbered year, the superintendent of public instruction shall call an election to be held in each educational service district within which resides a member of the board of the educational service district whose term of office expires on the second Monday of January next following, and shall give written notice thereof to each member of the board of directors of each school district in such educational service district. Such notice shall include instructions and rules established by the superintendent of public instruction for the conduct of the election. [2007 c 460 § 1; 2006 c 263 § 602; 1977 ex.s. c 283 § 15. Formerly RCW 28A.21.031.] 28A.310.080 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Seve ra bi li ty—1 977 e x.s. c 283 : Se e no te fo llo wing R CW 28A.310.010. 28A.310.090 ESD board—Members—Elections— Declarations of candidacy. Candidates for membership on an educational service district board shall file declarations of candidacy with the superintendent of public instruction on 28A.310.110 forms prepared by the superintendent. Declarations of candidacy may be filed by person or by mail not earlier than the first day of September, nor later than the sixteenth day of September. The superintendent may not accept any declaration of candidacy that is not on file in his or her office or is not postmarked before the seventeenth day of September. [2006 c 263 § 606; 1977 ex.s. c 283 § 16. Formerly RCW 28A.21.032.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Seve ra bili ty— 1977 e x.s. c 283 : Se e no te fo llo wing R CW 28A.310.010. 28A.310.100 ESD board—Members—Elections— Certification. Each member of an educational service district board shall be elected by a majority of the votes cast at the election for all candidates for the position. All votes shall be cast by mail addressed to the superintendent of public instruction and no votes shall be accepted for counting if postmarked after the sixteenth day of October or if not postmarked or the postmark is not legible, if received by mail after the twenty-first day of October following the call of the election. The superintendent of public instruction and an election board comprised of three persons appointed by the superintendent shall count and tally the votes not later than the twenty-fifth day of October in the following manner: Each vote cast by a school director shall be accorded as one vote. If no candidate receives a majority of the votes cast, then, not later than the first day of November, the superintendent of public instruction shall call a second election to be conducted in the same manner and at which the candidates shall be the two candidates receiving the highest number of votes cast. No vote cast at such second election shall be received for counting if postmarked after the sixteenth day of November or if not postmarked or the postmark is not legible, if received by mail after the twenty-first day of November and the votes shall be counted as hereinabove provided on the twenty-fifth day of November. The candidate receiving a majority of votes at any such second election shall be declared elected. In the event of a tie in such second election, the candidate elected shall be determined by a chance drawing of a nature established by the superintendent of public instruction. Within ten days following the count of votes in an election at which a member of an educational service district board is elected, the superintendent of public instruction shall certify to the county auditor of the headquarters county of the educational service district the name or names of the persons elected to be members of the educational service district board. [2006 c 263 § 607; 1980 c 179 § 7; 1977 ex.s. c 283 § 17. Formerly RCW 28A.21.033.] 28A.310.100 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Severability—1980 c 179: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1980 c 179 § 8.] Seve ra bili ty— 1977 e x.s. c 283 : Se e no te fo llo wing R CW 28A.310.010. 28A.310.090 (2008 Ed.) 28A.310.110 ESD board—Members—Elections, contest of. Any common school district board member eligible to vote for a candidate for membership on an educational 28A.310.110 [Title 28A RCW—page 111] 28A.310.120 Title 28A RCW: Common School Provisions service district or any candidate for the position, within ten days after the secretary to the state board of education’s certification of election, may contest the election of the candidate pursuant to chapter 29A.68 RCW. [2005 c 497 § 404; 1990 c 33 § 272; 1977 ex.s. c 283 § 18. Formerly RCW 28A.21.034.] Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. Seve ra bi li ty—1 977 e x.s. c 283 : Se e no te fo llo wing R CW 28A.310.010. 28A.310.120 ESD board—Return to seven member board. Any educational service district board which elects under RCW 28A.310.050 to increase the size of the educational service district board from seven to nine members, after at least four years, may elect by resolution of the board to return to a membership of seven educational service board members. In such case, at the next election a new board consisting of seven educational service board members shall be elected in accordance with the provisions of this chapter. [1990 c 33 § 273; 1977 ex.s. c 283 § 21; 1975 1st ex.s. c 275 § 9; 1974 ex.s. c 75 § 8; 1971 ex.s. c 282 § 4. Formerly RCW 28A.21.035.] 28A.310.120 Seve ra bi li ty—1 977 e x.s. c 283 : Se e no te fo llo wing R CW 28A.310.010. Severability—1974 ex.s. c 75: See note following RCW 28A.310.030. Seve ra bi li ty—1 971 e x.s. c 282 : Se e no te fo llo wing R CW 28A.310.010. 28A.310.130 ESD board—Vacation of board member position because of failure to attend meetings. Absence of any educational service district board member from four consecutive regular meetings of the board, unless excused on account of sickness or otherwise authorized by resolution of the board, shall be sufficient cause for the members of the educational service district board to declare by resolution that such board member position is vacated. [1975 1st ex.s. c 275 § 10; 1971 ex.s. c 282 § 5. Formerly RCW 28A.21.037.] 28A.310.130 Seve ra bi li ty—1 971 e x.s. c 282 : Se e no te fo llo wing R CW 28A.310.010. 28A.310.140 School district to be entirely within single educational service district. Every school district must be included entirely within a single educational service district. If the boundaries of any school district within an educational service district are changed in any manner so as to extend the school district beyond the boundaries of that educational service district, the superintendent of public instruction shall change the boundaries of the educational service districts so affected in a manner consistent with the purposes of RCW 28A.310.010 and this section. [2006 c 263 § 608; 1990 c 33 § 274; 1975 1st ex.s. c 275 § 11; 1971 ex.s. c 282 § 6; 1969 ex.s. c 176 § 4. Formerly RCW 28A.21.040, 28.19.515.] 28A.310.140 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Seve ra bi li ty—1 971 e x.s. c 282 : Se e no te fo llo wing R CW 28A.310.010. Severability—Rights preserved—1969 ex.s. c 176: See notes following RCW 28A.310.010. [Title 28A RCW—page 112] 28A.310.150 ESD board—Members—Qualifications, oath, bond—Organization—Quorum. Every candidate for membership on a educational service district board shall be a registered voter and a resident of the board-member district for which such candidate files. On or before the date for taking office, every member shall make an oath or affirmation to support the Constitution of the United States and the state of Washington and to faithfully discharge the duties of the office according to the best of such member’s ability. The members of the board shall not be required to give bond unless so directed by the superintendent of public instruction. At the first meeting of newly elected members and after the qualification for office of the newly elected members, each educational service district board shall reorganize by electing a chair and a vice chair. A majority of all of the members of the board shall constitute a quorum. [2006 c 263 § 609; 1990 c 33 § 275; 1977 ex.s. c 283 § 22; 1975 1st ex.s. c 275 § 12; 1971 ex.s. c 282 § 7; 1969 ex.s. c 176 § 5. Formerly RCW 28A.21.050, 28.19.520.] 28A.310.150 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Seve ra bili ty— 1977 e x.s. c 283 : Se e no te fo llo wing R CW 28A.310.010. Seve ra bili ty— 1971 e x.s. c 282 : Se e no te fo llo wing R CW 28A.310.010. Severability—Rights preserved—1969 ex.s. c 176: See notes following RCW 28A.310.010. 28A.310.160 ESD board—Reimbursement of members for expenses. The actual expenses of educational service board members in going to, returning from and attending meetings called or held pursuant to district business or while otherwise engaged in the performance of their duties under this chapter shall be paid; all such claims shall be approved by the educational service district board and paid from the budget of the educational service district. [1977 ex.s. c 283 § 3; 1975-’76 2nd ex.s. c 34 § 68; 1975 1st ex.s. c 275 § 13; 1971 ex.s. c 282 § 8; 1969 ex.s. c 176 § 6. Formerly RCW 28A.21.060, 28.19.525.] 28A.310.160 Seve ra bili ty— 1977 e x.s. c 283 : Se e no te fo llo wing R CW 28A.310.010. Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. Seve ra bili ty— 1971 e x.s. c 282 : Se e no te fo llo wing R CW 28A.310.010. Severability—Rights preserved—1969 ex.s. c 176: See notes following RCW 28A.310.010. 28A.310.170 ESD superintendent—Appointment, procedure—Term, salary, discharge—ESD superintendent review committee. (1) Every educational service district board shall employ and set the salary of an educational service district superintendent who shall be employed by a written contract for a term to be fixed by the board, but not to exceed three years, and who may be discharged for sufficient cause. (2) There is hereby established within each educational service district an educational service district superintendent review committee. Such review committee shall be composed of a subcommittee of the board, two school district superintendents from within the educational service district selected by the educational service district board, and a repre28A.310.170 (2008 Ed.) Educational Service Districts sentative of the state superintendent of public instruction selected by the state superintendent of public instruction. (3) Prior to the employment by the educational service district board of a new educational service district superintendent, the review committee shall screen all applicants against the established qualifications for the position and recommend to the board a list of three or more candidates. The educational service district board shall either select the new superintendent from the list of three or more candidates, ask the review committee to add additional names to the list, or reject the entire list and ask the review committee to submit three or more additional candidates for consideration. The educational service district board shall repeat this process until a superintendent is selected. [2001 c 182 § 1; 1985 c 341 § 7; 1977 ex.s. c 283 § 4. Formerly RCW 28A.21.071.] Seve ra bi li ty—1 977 e x.s. c 283 : Se e no te fo llo wing R CW 28A.310.010. 28A.310.180 ESD board—Compliance with rules and regulations—Depository and distribution center— Cooperative service programs, joint purchasing programs, and direct student service programs including pupil transportation. In addition to other powers and duties as provided by law, every educational service district board shall: (1) Comply with rules or regulations of the state board of education and the superintendent of public instruction. (2) If the district board deems necessary, establish and operate for the schools within the boundaries of the educational service district a depository and distribution center for films, tapes, charts, maps, and other instructional material as recommended by the school district superintendents within the service area of the educational service district: PROVIDED, That the district may also provide the services of the depository and distribution center to private schools within the district so long as such private schools pay such fees that reflect actual costs for services and the use of instructional materials as may be established by the educational service district board. (3) Establish cooperative service programs for school districts within the educational service district and joint purchasing programs for schools within the educational service district pursuant to RCW 28A.320.080(3): PROVIDED, That on matters relating to cooperative service programs the board and superintendent of the educational service district shall seek the prior advice of the superintendents of local school districts within the educational service district. (4) Establish direct student service programs for school districts within the educational service district including pupil transportation. However, for the provision of statefunded pupil transportation for special education cooperatives programs for special education conducted under RCW 28A.155.010 through 28A.155.100, the educational service district, with the consent of the participating school districts, shall be entitled to receive directly state apportionment funds for that purpose: PROVIDED, That the board of directors and superintendent of a local school district request the educational service district to perform said service or services: PROVIDED FURTHER, That the educational service district board of directors and superintendents agree to provide the requested services: PROVIDED, FURTHER, That the provi28A.310.180 (2008 Ed.) 28A.310.200 sions of chapter 39.34 RCW are strictly adhered to: PROVIDED FURTHER, That the educational service district board of directors may contract with the school for the deaf and the school for the blind to provide transportation services. [1990 c 33 § 276; 1988 c 65 § 2; 1987 c 508 § 3; 1982 c 46 § 1; 1979 ex.s. c 66 § 1; 1975 1st ex.s. c 275 § 16; 1971 ex.s. c 282 § 11. Formerly RCW 28A.21.086.] Severability—1979 ex.s. c 66: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 66 § 3.] Seve ra bili ty— 1971 e x.s. c 282 : Se e no te fo llo wing R CW 28A.310.010. 28A.310.190 ESD board—Teachers’ institutes, directors’ meetings—Cooperation with state supervisor—Certification of data. In addition to other powers and duties as provided by law, every educational service district board shall: (1) If the district board deems necessary, hold each year one or more teachers’ institutes as provided for in RCW 28A.415.010 and one or more school directors’ meetings. (2) Cooperate with the state supervisor of special aid for children with disabilities as provided in RCW 28A.155.010 through 28A.155.100. (3) Certify statistical data as basis for apportionment purposes to county and state officials as provided in chapter 28A.545 RCW. (4) Perform such other duties as may be prescribed by law or rule of the state board of education and/or the superintendent of pu blic instruction as pro vid ed in RCW 28A.300.030 and *28A.305.210. [1995 c 77 § 20; 1990 c 33 § 277; 1983 c 56 § 2; 1981 c 103 § 2; 1975 1st ex.s. c 275 § 17; 1971 ex.s. c 282 § 12. Formerly RCW 28A.21.088.] 28A.310.190 *Reviser’s note: RCW 28A.305.210 expired July 1, 2007. Severability—1983 c 56: See note following RCW 28A.195.010. Seve ra bili ty— 1971 e x.s. c 282 : Se e no te fo llo wing R CW 28A.310.010. 28A.310.200 ESD board—Powers and duties— Rules. In addition to other powers and duties as provided by law, every educational service district board shall: (1) Approve the budgets of the educational service district in accordance with the procedures provided for in this chapter; (2) Meet regularly according to the schedule adopted at the organization meeting and in special session upon the call of the chair or a majority of the board; (3) Approve the selection of educational service district p e r s o n n e l a n d c l e r ic a l s t a f f a s p r o v i d e d i n R C W 28A.310.230; (4) Fix the amount of and approve the bonds for those educational service district employees designated by the board as being in need of bonding; (5) Keep in the educational service district office a full and correct transcript of the boundaries of each school district within the educational service district; (6) Acquire by borrowing funds or by purchase, lease, devise, bequest, and gift and otherwise contract for real and personal property necessary for the operation of the educational service district and to the execution of the duties of the 28A.310.200 [Title 28A RCW—page 113] 28A.310.202 Title 28A RCW: Common School Provisions board and superintendent thereof and sell, lease, or otherwise dispose of that property not necessary for district purposes. No real property shall be acquired or alienated without the prior approval of the superintendent of public instruction and the acquisition or alienation of all such property shall be subject to such provisions as the superintendent may establish. When borrowing funds for the purpose of acquiring property, the educational service district board shall pledge as collateral the property to be acquired. Borrowing shall be evidenced by a note or other instrument between the district and the lender; (7) Under RCW 28A.310.010, upon the written request of the board of directors of a local school district or districts served by the educational service district, the educational service district board of directors may provide cooperative and informational services not in conflict with other law that provide for the development and implementation of programs, activities, services, or practices that support the education of preschool through twelfth grade students in the public schools or that support the effective, efficient, or safe management and operation of the school district or districts served by the educational service district; (8) Adopt such bylaws and rules for its own operation as it deems necessary or appropriate; and (9) Enter into contracts, including contracts with common and educational service districts and the school for the deaf and the school for the blind for the joint financing of cooperative service programs conducted pursuant to RCW 28A.310.180(3), and employ consultants and legal counsel relating to any of the duties, functions, and powers of the educational service districts. [2006 c 263 § 610; 2001 c 143 § 1; 1993 c 298 § 1. Prior: 1990 c 159 § 1; 1990 c 33 § 278; 1988 c 65 § 3; 1983 c 56 § 3; 1975 1st ex.s. c 275 § 18; 1971 ex.s. c 282 § 13; 1971 c 53 § 1; 1969 ex.s. c 176 § 9. Formerly RCW 28A.21.090, 28.19.540.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. (1) Pay the expenses of its members in accordance with law for attendance at statewide meetings of educational service district board members. (2) Pay dues from educational service district funds in an amount not to exceed one hundred dollars per board member per year for membership in a statewide association of educational service district board members: PROVIDED, That dues to such an association shall not be paid unless the formation of such an association, including its constitution and bylaws, is approved by a resolution passed by at least twothirds of the educational service district boards within the state: PROVIDED FURTHER, That such association if formed shall not employ any staff but shall contract either with the Washington state school directors’ association or with the superintendent of public instruction for staff and informational services. [1975 1st ex.s. c 275 § 19; 1971 ex.s. c 282 § 14. Formerly RCW 28A.21.092.] Seve ra bili ty— 1971 e x.s. c 282 : Se e no te fo llo wing R CW 28A.310.010. 28A.310.220 28A.310.220 ESD board—Delegation of powers and duties to superintendent. Each educational service district board, by written order filed in the headquarters office, may delegate to the educational service district superintendent any of the powers and duties vested in or imposed upon the board by law or rule or regulation of the state board of education and/or the superintendent of public instruction. Such delegated powers and duties shall not be in conflict with rules or regulations of the superintendent of public instruction or the state board of education and may be exercised by the educational service district superintendent in the name of the board. [1975 1st ex.s. c 275 § 20; 1974 ex.s. c 75 § 9; 1971 ex.s. c 282 § 15. Formerly RCW 28A.21.095.] Severability—1974 ex.s. c 75: See note following RCW 28A.310.030. Seve ra bili ty— 1971 e x.s. c 282 : Se e no te fo llo wing R CW 28A.310.010. Severability—1983 c 56: See note following RCW 28A.195.010. 28A.310.230 Seve ra bi li ty—1 971 e x.s. c 282 : Se e no te fo llo wing R CW 28A.310.010. Severability—1971 c 53: See note following RCW 28A.323.060. Severability—Rights preserved—1969 ex.s. c 176: See notes following RCW 28A.310.010. 28A.310.202 ESD board—Partnership with regional support network to operate a wraparound model site. Educational service district boards may partner with regional support networks to respond to a request for proposal for operation of a wraparound model site under chapter 359, Laws of 2007 and, if selected, may contract for the provision of services to coordinate care and facilitate the delivery of services and other supports under a wraparound model. [2007 c 359 § 9.] 28A.310.202 Captions not law—2007 c 359: See note following RCW 71.36.005. 28A.310.230 Assistant superintendents and other personnel—Appointment, salaries, duties. The educational service district superintendent may appoint with the consent of the educational service district board assistant superintendents and such other professional personnel and clerical help as may be necessary to perform the work of the office at such salaries as may be determined by the educational service district board and shall pay such salaries out of the budget of the district. In the absence of the educational service district superintendent a designated assistant superintendent shall perform the duties of the office. The educational service district superintendent shall have the authority to appoint on an acting basis an assistant superintendent to perform any of the duties of the office. [1975 1st ex.s. c 275 § 21; 1974 ex.s. c 75 § 10; 1971 ex.s. c 282 § 16; 1969 ex.s. c 176 § 10. Formerly RCW 28A.21.100, 28.19.545.] Severability—1974 ex.s. c 75: See note following RCW 28A.310.030. 28A.310.210 ESD board—Payment of member expenses—Payment of dues into statewide association of board members, restrictions. In addition to other powers and duties prescribed by law every educational service district board shall be authorized to: 28A.310.210 [Title 28A RCW—page 114] Seve ra bili ty— 1971 e x.s. c 282 : Se e no te fo llo wing R CW 28A.310.010. Severability—Rights preserved—1969 ex.s. c 176: See notes following RCW 28A.310.010. Job sharing: RCW 28A.405.070. (2008 Ed.) Educational Service Districts 28A.310.240 Employee leave policy required. (1) Every educational service district board shall adopt written policies granting leaves to persons under contracts of employment with the district in positions requiring either certification or classified qualifications, including but not limited to leaves for attendance at official or private institutes and conferences and sabbatical leaves for employees in positions requiring certification qualification, and leaves for illness, injury, bereavement, and emergencies for both certificated and classified employees, with such compensation as the board prescribes. The board shall adopt written policies granting annual leave with compensation for illness, injury, and emergencies as follows: (a) For persons under contract with the district for a full fiscal year, at least ten days; (b) For persons under contract with the district as parttime employees, at least that portion of ten days as the total number of days contracted for bears to one hundred eighty days; (c) For certificated and classified employees, annual leave with compensation for illness, injury, and emergencies shall be granted and accrue at a rate not to exceed twelve days per fiscal year. Provisions of any contract in force on July 23, 1989, which conflict with requirements of this subsection shall continue in effect until contract expiration; after expiration, any new contract executed between the parties shall be consistent with this subsection; (d) Compensation for leave for illness or injury actually taken shall be the same as the compensation the person would have received had the person not taken the leave provided in this section; (e) Leave provided in this section not taken shall accumulate from fiscal year to fiscal year up to a maximum of one hundred eighty days for the purposes of RCW 28A.310.490, and for leave purposes up to a maximum of the number of contract days agreed to in a given contract, but not greater than one fiscal year. Such accumulated time may be taken at any time during the fiscal year, or up to twelve days per year may be used for the purpose of payments for unused sick leave; and (f) Accumulated leave under this section shall be transferred to educational service districts, school districts, the office of the superintendent of public instruction, institutions of higher education, and community and technical colleges, and from any such district or office to another such district, office, institution of higher education, or community or technical college. An intervening customary summer break in employment or the performance of employment duties shall not preclude such a transfer. (2) Leave accumulated by a person in a district prior to leaving the district may, under rules of the board, be granted to the person when the person returns to the employment of the district. (3) Leave for illness or injury accumulated before July 23, 1989, under the administrative practices of an educational service district, and such leave transferred before July 23, 1989, to or from an educational service district, school district, or the office of the superintendent of public instruction under the administrative practices of the district or office, is declared valid and shall be added to such leave for illness or injury accumulated after July 23, 1989. [2008 c 174 § 1; 28A.310.240 (2008 Ed.) 28A.310.260 1997 c 13 § 6; 1990 c 33 § 279; 1989 c 208 § 1. Formerly RCW 28A.21.102.] 28A.310.250 Certificated employees of district— Contracts of employment—Nonrenewal of contracts— Notice. No certificated employee of an educational service district shall be employed as such except by written contract, which shall be in conformity with the laws of this state. Every such contract shall be made in duplicate, one copy of which shall be retained by the educational service district superintendent and the other shall be delivered to the employee. Every educational service district superintendent or board determining that there is probable cause or causes that the employment contract of a certificated employee thereof is not to be renewed for the next ensuing term shall be notified in writing on or before May 15th preceding the commencement of such term of that determination or if the omnibus appropriations act has not passed the legislature by May 15th, then notification shall be no later than June 1st, which notification shall specify the cause or causes for nonrenewal of contract. Such notice shall be served upon that employee personally, or by certified or registered mail, or by leaving a copy of the notice at the house of his or her usual abode with some person of suitable age and discretion then resident therein. The procedure and standards for the review of the decision of the hearing officer, superintendent or board and appeal therefrom shall be as prescribed for nonrenewal cases of teachers in RCW 28A.405.210, 28A.405.300 through 28A.405.380, and 28A.645.010. Appeals may be filed in the superior court of any county in the educational service district. [1996 c 201 § 4; 1990 c 33 § 280; 1977 ex.s. c 283 § 7; 1975 1st ex.s. c 275 § 22; 1974 ex.s. c 75 § 11; 1971 c 48 § 6; 1969 ex.s. c 34 § 19. Formerly RCW 28A.21.105.] 28A.310.250 Seve ra bili ty— 1977 e x.s. c 283 : Se e no te fo llo wing R CW 28A.310.010. Severability—1974 ex.s. c 75: See note following RCW 28A.310.030. Severability—1971 c 48: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1971 c 48 § 55.] 28A.310.260 Certificated employees of district— Adverse change in contract status—Notice—Probable cause—Review—Appeal. Every educational service district superintendent or board determining that there is probable cause or causes for a certificated employee or superintendent, hereinafter referred to as employee, of that educational service district to be discharged or otherwise adversely affected in his or her contract status shall notify such employee in writing of its decision, which notice shall specify the cause or causes for such action. Such notice shall be served upon that employee personally, or by certified or registered mail, or by leaving a copy of the notice at the house of his or her usual abode with some person of suitable age and discretion then resident therein. The procedure and standards for review of the decision of the superintendent or board and appeal therefrom shall be as prescribed in discharge cases of teachers in RCW 28A.405.210, 28A.405.300 through 28A.405.380, and 28A.645.010. The board and the educational service district superintendent, respectively, shall have the duties of the boards of directors and superintendents of 28A.310.260 [Title 28A RCW—page 115] 28A.310.270 Title 28A RCW: Common School Provisions school districts in RCW 28A.405.210, 28A.405.300 through 28A.405.380, and 28A.645.010. Appeals may be filed in the superior court of any county in the educational service district. [1990 c 33 § 281; 1977 ex.s. c 283 § 8; 1975 1st ex.s. c 275 § 23; 1974 ex.s. c 75 § 12; 1971 c 48 § 7; 1969 ex.s. c 34 § 20. Formerly RCW 28A.21.106.] Seve ra bi li ty—1 977 e x.s. c 283 : Se e no te fo llo wing R CW 28A.310.010. Severability—1974 ex.s. c 75: See note following RCW 28A.310.030. Severability—1971 c 48: See note following RCW 28A.310.250. 28A.310.270 ESD superintendent’s powers and duties—Chief executive officer. In addition to other powers and duties as provided by law, each educational service district superintendent shall: (1) Serve as chief executive officer of the educational service district and secretary of the educational service district board. (2) Visit the schools in the educational service district, counsel with directors and staff, and assist in every possible way to advance the educational interest in the educational service district. [1975 1st ex.s. c 275 § 24; 1974 ex.s. c 75 § 13; 1972 ex.s. c 3 § 1; 1971 ex.s. c 282 § 17; 1969 ex.s. c 176 § 11. Formerly RCW 28A.21.110, 28.19.550.] 28A.310.270 Severability—1974 ex.s. c 75: See note following RCW 28A.310.030. Seve ra bi li ty—1 971 e x.s. c 282 : Se e no te fo llo wing R CW 28A.310.010. Severability—Rights preserved—1969 ex.s. c 176: See notes following RCW 28A.310.010. 28A.310.280 ESD superintendent’s powers and duties—Records and reports. In addition to other powers and duties as provided by law, each educational service district superintendent shall: (1) Perform such record keeping, including such annual reports as may be required, and liaison and informational services to local school districts and the superintendent of public instruction as required by rule or regulation of the superintendent of public instruction or state board of education: PROVIDED, That the superintendent of public instruction and the state board of education may require some or all of the school districts to report information directly when such reporting procedures are deemed desirable or feasible. (2) Keep records of official acts of the educational service district board and superintendents in accordance with *RCW 28A.21.120, as now or hereafter amended. (3) Preserve carefully all reports of school officers and teachers and deliver to the successor of the office all records, books, documents, and papers belonging to the office either personally or through a personal representative, taking a receipt for the same, which shall be filed in the office of the county auditor in the county where the office is located. [1975 1st ex.s. c 275 § 25; 1974 ex.s. c 75 § 14. Formerly RCW 28A.21.111.] 28A.310.280 *Reviser’s note: RCW 28A.21.120 was recodified as RCW 28A.310.310 pursuant to 1990 c 33 § 4. Severability—1974 ex.s. c 75: See note following RCW 28A.310.030. 28A.310.290 ESD superintendent’s powers and duties—Oaths and affirmations. In addition to other pow28A.310.290 [Title 28A RCW—page 116] ers and duties as provided by law, each educational service district superintendent shall: (1) Administer oaths and affirmations to school directors, teachers, and other persons on official matters connected with or relating to schools, when appropriate, but not make or collect any charge or fee for so doing. (2) Require the oath of office of all school district officers be filed as provided in *RCW 28A.315.500 and furnish a directory of all such officers to the county auditor and to the county treasurer of the county in which the school district is located as soon as such information can be obtained after the election or appointment of such officers is determined and their oaths placed on file. [1990 c 33 § 282; 1975 1st ex.s. c 275 § 26; 1974 ex.s. c 75 § 15. Formerly RCW 28A.21.112.] *Reviser’s note: RCW 28A.315.500 was recodified as RCW 28A.343.360 pursuant to 1999 c 315 § 804. Severability—1974 ex.s. c 75: See note following RCW 28A.310.030. 28A.310.300 ESD superintendent’s powers and duties—Generally. In addition to other powers and duties as provided by law, each educational service district superintendent shall: (1) Assist the school districts in preparation of their budgets as provided in chapter 28A.505 RCW. (2) Enforce the provisions of the compulsory attendance law as provided in RCW 28A.225.010 through 28A.225.140, 28A.200.010, and 28A.200.020. (3) Perform duties relating to capital fund aid by nonhigh districts as provided in chapter 28A.540 RCW. (4) Carry out the duties and issue orders creating new school districts and transfers of territory as provided in chapter 28A.315 RCW. (5) Perform the limited duties as provided in chapter 28A.193 RCW. (6) Perform all other duties prescribed by law and the educational service district board. [1998 c 244 § 13; 1990 c 33 § 283; 1975 1st ex.s. c 275 § 27; 1974 ex.s. c 75 § 16. Formerly RCW 28A.21.113.] 28A.310.300 Effective date—Severability—1998 c 244: See RCW 28A.193.900 and 28A.193.901. Severability—1974 ex.s. c 75: See note following RCW 28A.310.030. 2 8 A. 3 10 . 3 1 0 H e a d qu ar te r s of f i c e —O f f ic ia l records—Transfers of records. The educational service district board shall designate the headquarters office of the educational service district. Educational service districts shall provide for their own office space, heating, contents insurance, electricity, and custodial services, which may be obtained through contracting with any board of county commissioners. Official records of the educational service district board and superintendent, including each of the county superintendents abolished by chapter 176, Laws of 1969 ex. sess., shall be kept by the educational service district superintendent. Whenever the boundaries of any of the educational service districts are reorganized pursuant to RCW 28A.310.020, the superintendent of public instruction shall supervise the transferral of such records so that each educational service district superintendent shall receive those records relating to school districts within the appropriate educational service district. [2006 c 263 § 611; 1990 c 33 § 284; 1985 c 341 § 8; 1975 1st ex.s. c 275 § 28; 1974 ex.s. c 75 § 28A.310.310 (2008 Ed.) Educational Service Districts 17; 1971 ex.s. c 282 § 18; 1969 ex.s. c 176 § 12. Formerly RCW 28A.21.120, 28.19.555.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Severability—1974 ex.s. c 75: See note following RCW 28A.310.030. Seve ra bi li ty—1 971 e x.s. c 282 : Se e no te fo llo wing R CW 28A.310.010. Severability—Rights preserved—1969 ex.s. c 176: See notes following RCW 28A.310.010. 28A.310.320 ESD superintendents, employees— Travel expenses and subsistence—Advance payment. For all actual and necessary travel in the performance of official duties and while in attendance upon meetings and conferences, each educational service district superintendent and employee shall be reimbursed for their travel expenses in the amounts provided in RCW 43.03.050 and 43.03.060 as now existing or hereafter amended. All claims shall be approved by the educational service district board and paid from the funds budgeted by the district. Each educational service district superintendent and employee may be advanced sufficient sums to cover their anticipated expenses in accordance with rules and regulations promulgated by the state auditor and which shall substantially conform to the procedures provided in RCW 43.03.150 through 43.03.210. [1975-’76 2nd ex.s. c 34 § 69; 1975 1st ex.s. c 275 § 29; 1971 ex.s. c 282 § 19; 1969 ex.s. c 176 § 13. Formerly RCW 28A.21.130, 28.19.560.] 28A.310.320 Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. Seve ra bi li ty—1 971 e x.s. c 282 : Se e no te fo llo wing R CW 28A.310.010. Severability—Rights preserved—1969 ex.s. c 176: See notes following RCW 28A.310.010. 28A.310.330 Budgeting procedures for districts. The superintendent of public instruction by rule and regulation shall adopt budgeting procedures for educational service districts modeled after the statutory procedures for school districts as provided in chapter 28A.505 RCW and in accordan c e with RC W 2 8A.31 0 .3 40 , 2 8 A.3 10 . 35 0, a nd 28A.310.360. [1990 c 33 § 285; 1977 ex.s. c 283 § 12; 1975 1st ex.s. c 275 § 30; 1971 ex.s. c 282 § 20. Formerly RCW 28A.21.135.] 28A.310.360 (2) Assist the state educational agencies, office of superintendent of public instruction and the state board of education in the legal performance of their duties; and (3) Assist in providing pupils with equal educational opportunities. The purpose of RCW 28A.310.350 and 28A.310.360 is to further identify those core services in order to prepare educational service district budgets for the 1979-81 biennium, and those bienniums beyond. [1990 c 33 § 286; 1977 ex.s. c 283 § 9. Formerly RCW 28A.21.136.] Seve ra bili ty— 1977 e x.s. c 283 : Se e no te fo llo wing R CW 28A.310.010. 28A.310.350 Identification of core services for budget purposes—Specific services listed. The basic core services and cost upon which educational service districts are budgeted shall include, but not be limited to, the following: (1) Educational service district administration and facilities such as office space, maintenance and utilities; (2) Cooperative administrative services such as assistance in carrying out procedures to abolish sex and race bias in school programs, fiscal services, grants management services, special education services and transportation services; (3) Personnel services such as certification/registration services; (4) Learning resource services such as audio visual aids; (5) Cooperative curriculum services such as health promotion and health education services, in-service training, workshops and assessment; (6) Professional development services identified by statute or the omnibus appropriations act; and (7) Special needs of local education agencies. [2007 c 402 § 8; 1977 ex.s. c 283 § 10. Formerly RCW 28A.21.137.] 28A.310.350 Capt ion s n ot l aw— 200 7 c 402 : See no te fol lo win g R CW 28A.415.340. 28A.310.330 Seve ra bi li ty—1 977 e x.s. c 283 : Se e no te fo llo wing R CW 28A.310.010. Seve ra bi li ty—1 971 e x.s. c 282 : Se e no te fo llo wing R CW 28A.310.010. 28A.310.340 Identification of core services for budget purposes—Generally. It is the intent of the legislature that a basic core of uniform services be provided by educational service districts and be identified in statute so that biennial budget requests for educational service districts may be based upon measurable goals and needs. Educational service districts as noted in RCW 28A.310.010, are intended primarily to: (1) Provide cooperative and informational services to local districts and to perform functions for those districts when such functions are more effectively or economically administered from the regional level; 28A.310.340 (2008 Ed.) Seve ra bili ty— 1977 e x.s. c 283 : Se e no te fo llo wing R CW 28A.310.010. 28A.310.360 Identification of core services for budget purposes—Formula utilized for ESD’s biennial budget request. The superintendent of public instruction, pursuant to RCW 28A.310.330 shall prepare the biennial budget request for the operation of educational service districts based upon a formula using the following factors: (1) The core service cost itemized in RCW 28A.310.350 which shall receive primary weighting for formula purposes; (2) A weighting factor constituting a geographical factor which shall be used to weight the larger sized educational service districts for formula purposes; and (3) A weighting factor which shall be based on the number and size of local school districts within each educational service district for formula purposes. The sum of subsection (1) of this section, together with the weighting factors of subsections (2) and (3) of this section for each educational service district, shall reflect the variables among the educational service districts and when combined, a total budget for all educational service districts shall be the result. [1990 c 33 § 287; 1977 ex.s. c 283 § 11. Formerly RCW 28A.21.138.] 28A.310.360 Seve ra bili ty— 1977 e x.s. c 283 : Se e no te fo llo wing R CW 28A.310.010. [Title 28A RCW—page 117] 28A.310.370 Title 28A RCW: Common School Provisions 28A.310.370 District budget—State funds, allocation of—District general expense fund—Created, deposits, expenditures. The superintendent of public instruction shall examine and revise the biennial budget request of each educational service district and shall fix the amount to be requested in state funds for the educational service district system from the legislature. Once funds have been appropriated by the legislature, the superintendent of public instruction shall fix the annual budget of each educational service district and shall allocate quarterly the state’s portion from funds appropriated for that purpose to the county treasurer of the headquarters county of the educational service district for deposit to the credit of the educational service district general expense fund. In each educational service district, there shall be an educational service district general expense fund into which there shall be deposited such moneys as are allocated by the superintendent of public instruction under provisions of this chapter and other funds of the educational service district, and such moneys shall be expended according to the method used by first or second-class school districts, whichever is deemed most feasible by the educational service district board. No vouchers for warrants other than moneys being distributed to the school districts shall be approved for expenditures not budgeted by the educational service district board. [1983 c 56 § 4; 1975 1st ex.s. c 275 § 31; 1971 ex.s. c 282 § 22; 1969 ex.s. c 176 § 14. Formerly RCW 28A.21.140, 28.19.565.] 28A.310.370 Severability—1983 c 56: See note following RCW 28A.195.010. Seve ra bi li ty—1 971 e x.s. c 282 : Se e no te fo llo wing R CW 28A.310.010. Severability—Rights preserved—1969 ex.s. c 176: See notes following RCW 28A.310.010. 28A.310.390 District budget request—Procedure for approval. The biennial budget request of each educational service district shall be approved by the respective educational service district board and then forwarded to the superintendent of public instruction for revision and approval as provided in RCW 28A.310.370. [1990 c 33 § 288; 1975 1st ex.s. c 275 § 33; 1971 ex.s. c 282 § 21; 1969 ex.s. c 176 § 17. Formerly RCW 28A.21.170, 28.19.580.] 28A.310.390 Seve ra bi li ty—1 971 e x.s. c 282 : Se e no te fo llo wing R CW 28A.310.010. Severability—Rights preserved—1969 ex.s. c 176: See notes following RCW 28A.310.010. 28A.310.400 Legal services. The superintendent of public instruction shall be responsible for the provision of legal services to all educational service districts: PROVIDED, That any educational service district board may contract with any county for the legal services of its prosecuting attorney. [1975 1st ex.s. c 275 § 35; 1974 ex.s. c 75 § 23. Formerly RCW 28A.21.195.] 28A.310.400 Severability—1974 ex.s. c 75: See note following RCW 28A.310.030. 28A.310.410 Ex officio treasurer of district. The county treasurer of the county in which the headquarters office of the educational service district is located shall serve as the ex officio treasurer of the district. The treasurer shall keep all funds and moneys of the district separate and apart 28A.310.410 [Title 28A RCW—page 118] from all other funds and moneys in the treasurer’s custody and shall disburse such moneys only upon proper order of the educational service district board or superintendent. [1990 c 33 § 289; 1975 1st ex.s. c 275 § 36; 1969 ex.s. c 176 § 21. Formerly RCW 28A.21.200, 28.19.595.] Severability—Rights preserved—1969 ex.s. c 176: See notes following RCW 28A.310.010. 28A.310.420 County or intermediate district superintendent and board employees to terminate or transfer employment—Benefits retained. As of July 1, 1969, employees of the various offices of county or intermediate district superintendent and county or intermediate district board shall terminate their employment therein, or such employees, at their election, may transfer their employment to the new intermediate school district in which their respective county is located. If such employment is so transferred, each employee shall retain the same leave benefits and other benefits that he or she had in his or her previous position. If the intermediate school district has a different system of computing leave benefits and other benefits, then the employee shall be granted the same leave and other benefits as a person will receive who would have had similar occupational status and total years of service with the new intermediate school district. [1990 c 33 § 290; 1969 ex.s. c 176 § 22. Formerly RCW 28A.21.210, 28.19.600.] 28A.310.420 Severability—Rights preserved—1969 ex.s. c 176: See notes following RCW 28A.310.010. 28A.310.430 Local school district superintendents to advise board and superintendent. The superintendents of all local school districts within an educational service district shall serve in an advisory capacity to the educational service district board and superintendent in matters pertaining to budgets, programs, policy, and staff. [1975 1st ex.s. c 275 § 37; 1971 ex.s. c 282 § 28; 1969 ex.s. c 176 § 23. Formerly RCW 28A.21.220, 28.19.605.] 28A.310.430 Seve ra bili ty— 1971 e x.s. c 282 : Se e no te fo llo wing R CW 28A.310.010. Severability—Rights preserved—1969 ex.s. c 176: See notes following RCW 28A.310.010. 28A.310.440 ESD as self-insurer—Authority. The board of directors of any educational service district is authorized to enter into agreements with the board of directors of any local school district and/or other educational service districts to form a self-insurance group for the purpose of qualifying as a self-insurer under chapter 51.14 RCW. [1982 c 191 § 9. Formerly RCW 28A.21.255.] 28A.310.440 Severability—1982 c 191: See note following RCW 28A.335.210. Educational service districts as self-insurers: RCW 51.14.150 and 51.14.160. 28A.310.460 Contracts to lease building space and portable buildings and lease or have maintained security systems, computers and other equipment. The board of any educational service district may enter into contracts for their respective districts for periods not exceeding twenty years in duration with public and private persons, organizations, and entities for the following purposes: 28A.310.460 (2008 Ed.) Organization and Reorganization of School Districts (1) To rent or lease building space, portable buildings, security systems, computers and other equipment; and (2) To have maintained and repaired security systems, computers and other equipment. The budget of each educational service district shall identify that portion of each contractual liability incurred pursuant to this section extending beyond the fiscal year by amount, duration, and nature of the contracted service and/or item in accordance with rules and regulations of the superintendent of public instruction adopted pursuant to RCW 28A.310.330 and 28A.505.140. [1990 c 33 § 291; 1987 c 508 § 2; 1977 ex.s. c 210 § 2. Formerly RCW 28A.21.310.] Seve ra bi li ty—1 977 e x.s. c 210 : Se e no te fo llo wing R CW 28A.335.170. 28A.310.470 Delegation to ESD of SPI program, project or service—Contract. The superintendent of public instruction may delegate to any educational service district or combination of educational service districts all or any portion of a program, project, or service authorized or directed by the legislature to be performed by the superintendent of public instruction: PROVIDED, That any such delegation shall be by contract pursuant to chapter 39.34 RCW, as now or hereafter amended. [1977 ex.s. c 283 § 5. Formerly RCW 28A.21.350.] 28A.310.470 Seve ra bi li ty—1 977 e x.s. c 283 : Se e no te fo llo wing R CW 28A.310.010. 28A.310.480 Delegation to ESD of state board of education program, project or service—Contract. The state board of education may delegate to any educational service district or combination of educational service districts all or any portion of a program, project, or service authorized or directed by the legislature to be performed by the state board of education: PROVIDED, That any such delegation shall be by contract pursuant to chapter 39.34 RCW, as now or hereafter amended. [1977 ex.s. c 283 § 6. Formerly RCW 28A.21.355.] 28A.310.480 Seve ra bi li ty—1 977 e x.s. c 283 : Se e no te fo llo wing R CW 28A.310.010. 28A.310.490 ESD employee attendance incentive program—Remuneration or benefit plan for unused sick leave. Every educational service district board of directors shall establish an attendance incentive program for all certificated and classified employees in the following manner. (1) In January of the year following any year in which a minimum of sixty days of leave for illness or injury is accrued, and each January thereafter, any eligible employee may exercise an option to receive remuneration for unused leave for illness or injury accumulated in the previous year at a rate equal to one day’s monetary compensation of the employee for each four full days of accrued leave for illness or injury in excess of sixty days. Leave for illness or injury for which compensation has been received shall be deducted from accrued leave for illness or injury at the rate of four days for every one day’s monetary compensation. No employee may receive compensation under this section for any portion of leave for illness or injury accumulated at a rate in excess of one day per month. 28A.310.490 (2008 Ed.) Chapter 28A.315 (2) At the time of separation from educational service district employment due to retirement or death an eligible employee or the employee’s estate shall receive remuneration at a rate equal to one day’s current monetary compensation of the employee for each four full days accrued leave for illness or injury. (3) In lieu of remuneration for unused leave for illness or injury as provided for in subsections (1) and (2) of this section, an educational service district board of directors may, with equivalent funds, provide eligible employees a benefit plan that provides reimbursement for medical expenses. Any benefit plan adopted after July 28, 1991, shall require, as a condition of participation under the plan, that the employee sign an agreement with the district to hold the district harmless should the United States government find that the district or the employee is in debt to the United States as a result of the employee not paying income taxes due on the equivalent funds placed into the plan, or as a result of the district not withholding or deducting any tax, assessment, or other payment on such funds as required under federal law. Moneys or benefits received under this section shall not be included for the purposes of computing a retirement allowance under any public retirement system in this state. The superintendent of public instruction in its administration hereof, shall promulgate uniform rules and regulations to carry out the purposes of this section. Should the legislature revoke any benefits granted under this section, no affected employee shall be entitled thereafter to receive such benefits as a matter of contractual right. [1997 c 13 § 7; 1991 c 92 § 1; 1989 c 69 § 1; 1985 c 341 § 9; 1980 c 182 § 6. Formerly RCW 28A.21.360.] Severability—1980 c 182: See note following RCW 41.04.340. Chapter 28A.315 RCW ORGANIZATION AND REORGANIZATION OF SCHOOL DISTRICTS Chapter 28A.315 Sections 28A.315.005 28A.315.015 28A.315.025 28A.315.035 28A.315.045 28A.315.055 28A.315.065 28A.315.075 28A.315.085 28A.315.095 28A.315.105 28A.315.115 28A.315.155 28A.315.165 28A.315.175 28A.315.185 28A.315.195 28A.315.205 28A.315.215 28A.315.225 28A.315.235 28A.315.245 28A.315.255 Governance structure. Purpose—Policy. Definitions. Organization of school districts. Reorganization. Conflicting or incorrectly described school district boundaries. District boundary changes—Submission to county auditor. Effect of 1999 c 315—Existing provisions not affected. Personnel and supplies—Reimbursement. Regional committees—Powers and duties. Regional committees—Appointment and terms of members—New regional committees. Regional committees—Membership limitation. Regional committees—Members’ expenses reimbursed. Regional committees—Organization, meetings, quorum. Superintendent of public instruction—Powers and duties. Annual training. Transfer of territory by petition—Requirements—Rules— Costs. Transfer of territory by petition—Regional committee responsibilities—Rules—Appeals. Transfer of territory by agreement or order—Approval— Order. Dissolution and annexation of certain districts—Annexation of nondistrict property. Consolidation—Petition. Adjustment of assets and liabilities. Adjustment of indebtedness. [Title 28A RCW—page 119] 28A.315.005 28A.315.265 28A.315.275 28A.315.285 28A.315.295 28A.315.305 28A.315.308 28A.315.315 28A.315.901 Title 28A RCW: Common School Provisions Adjustment of bonded indebtedness—Order—Special elections. Notice of elections. Special election—Determination—Order—Certification. Rejection of proposal. School district organizational changes—Corporate existence—Payment of bonded indebtedness—Levy authority. School district organization changes—Adjustment of school district assets and liabilities—School districts in two or more educational service districts. Appeal. Part headings and captions not law—1999 c 315. Redistricting by local governments and municipal corporations—Census information for—Plan, prepared when, criteria for, hearing on, request for review of, certification, remand—Sanctions when review request frivolous: RCW 29A.76.010. School district boundary changes—Excess levies: RCW 84.09.037. 28A.315.005 Governance structure. (1) Under the constitutional framework and the laws of the state of Washington, the governance structure for the state’s public common school system is comprised of the following bodies: The legislature, the governor, the superintendent of public instruction, the state board of education, the educational service district boards of directors, and local school district boards of directors. The respective policy and administrative roles of each body are determined by the state Constitution and statutes. (2) Local school districts are political subdivisions of the state and the organization of such districts, including the powers, duties, and boundaries thereof, may be altered or abolished by laws of the state of Washington. [1999 c 315 § 1.] 28A.315.005 28A.315.015 Purpose—Policy. (1) It is the purpose of this chapter to: (a) Incorporate into a single, comprehensive, school district organization law all essential provisions governing: (i) The formation and establishment of new school districts; (ii) The alteration of the boundaries of existing districts; and (iii) The adjustment of the assets and liabilities of school districts when changes are made under this chapter; and (b) Establish methods and procedures whereby changes in the school district system may be brought about by the people concerned and affected. (2) It is the state’s policy that decisions on proposed changes in school district organization should be made, whenever possible, by negotiated agreement between the affected school districts. If the districts cannot agree, the decision shall be made by the regional committees on school district organization, based on the committees’ best judgment, taking into consideration the following factors and factors under RCW 28A.315.205: (a) A balance of local petition requests and the needs of the statewide community at large in a manner that advances the best interest of public education in the affected school districts and communities, the educational service district, and the state; (b) Responsibly serving all of the affected citizens and students by contributing to logical service boundaries and recognizing a changing economic pattern within the educational service districts of the state; 28A.315.015 [Title 28A RCW—page 120] (c) Enhancing the educational opportunities of pupils in the territory by reducing existing disparities among the affected school districts’ ability to provide operating and capital funds through an equitable adjustment of the assets and liabilities of the affected districts; (d) Promoting a wiser use of public funds through improvement in the school district system of the educational service districts and the state; and (e) Other criteria or considerations as may be established in rule by the superintendent of public instruction. (3) It is neither the intent nor purpose of this chapter to apply to organizational changes and the procedure therefor relating to capital fund aid by nonhigh school districts as provided for in chapter 28A.540 RCW. [2006 c 263 § 504; 1999 c 315 § 101.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.315.025 Definitions. As used in this chapter: (1) "Change in the organization and extent of school districts" means the formation and establishment of new school districts, the dissolution of existing school districts, the alteration of the boundaries of existing school districts, or all of them. (2) "Regional committee" means the regional committee on school district organization created by this chapter. (3) "School district" means the territory under the jurisdiction of a single governing board designated and referred to as the board of directors. (4) "Educational service district superintendent" means the educational service district superintendent as provided for in RCW 28A.310.170 or his or her designee. [2006 c 263 § 505; 1990 c 33 § 293; 1985 c 385 § 1; 1983 c 3 § 33; 1975 1st ex.s. c 275 § 78; 1971 c 48 § 25; 1969 ex.s. c 223 § 28A.57.020. Prior: 1955 c 395 § 1; 1947 c 266 § 2; Rem. Supp. 1947 § 4693-21. Formerly RCW 28A.315.020, 28A.57.020, 28.57.020.] 28A.315.025 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Severability—1985 c 385: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1985 c 385 § 41.] Severability—1971 c 48: See note following RCW 28A.310.250. 28A.315.035 Organization of school districts. A school district shall be organized in form and manner as hereinafter in this chapter provided, and shall be known as . . . . . . (insert here the name of the district) School District No. . . . ., . . . . . . county, state of Washington: PROVIDED, That all school districts now existing as shown by the records of the educational service district superintendent are hereby recognized as legally organized districts: PROVIDED FURTHER, That all school districts existing on April 25, 1969 as shown by the records of the county or intermediate district superintendents are hereby recognized as legally organized districts. [1975 1st ex.s. c 275 § 88; 1969 ex.s. c 176 § 124; 1969 ex.s. c 223 § 28A.57.130. Prior: 1947 c 266 § 3; Rem. Supp. 1947 § 4693-22. Formerly RCW 28A.315.220, 28A.57.130, 28.57.130.] 28A.315.035 (2008 Ed.) Organization and Reorganization of School Districts Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010. 28A.315.045 Reorganization. (1) A new school district may be formed comprising contiguous territory lying in either a single county or in two or more counties. The new district may comprise: (a) Two or more whole school districts; (b) Parts of two or more school districts; and/or (c) Territory that is not a part of any school district if such territory is contiguous to the district to which it is transferred. (2) The boundaries of existing school districts may be altered: (a) By the transfer of territory from one district to another district; (b) By the consolidation of one or more school districts with one or more school districts; or (c) By the dissolution and annexation to a district of a part or all of one or more other districts or of territory that is not a part of any school district: PROVIDED, That such territory shall be contiguous to the district to which it is transferred or annexed. (3) Territory may be transferred or annexed to or consolidated with an existing school district without regard to county boundaries. [1999 c 315 § 201.] 28A.315.045 28A.315.095 change in school district organization initiated on or after July 25, 1999. (2) For purposes of this section, "initiated" means the filing of a petition, the motion of a school board, or the report of an educational service district. This section does not preclude the filing of a new petition on or after July 25, 1999, where the same or a similar proposal was filed before July 25, 1999. [1999 c 315 § 205.] 28A.315.085 Personnel and supplies—Reimbursement. (1) The superintendent of public instruction shall furnish to regional committees the services of employed personnel and the materials and supplies necessary to enable them to perform the duties imposed upon them by this chapter. (2) Costs that may be incurred by an educational service district in association with school district negotiations under RCW 28A.315.195 and supporting the regional committee under RCW 28A.315.205 shall be reimbursed by the state from such funds as are appropriated for these purposes. [2008 c 159 § 3; 2006 c 263 § 507; 2005 c 497 § 405; 1999 c 315 § 206.] 28A.315.085 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. 28A.315.095 Regional committees—Powers and duties. The powers and duties of each regional committee are to: (1) Hear and approve or disapprove proposals for changes in the organization and extent of school districts in the educational service districts when a hearing on a proposal has been requested under RCW 28A.315.195; (2) Act on notices and proposals from the educational service district under RCW 28A.315.225; (3) Make an equitable adjustment of the property and other assets and of the liabilities, including bonded indebtedness and excess tax levies as otherwise authorized under this section, as to the old school districts and the new district or districts, if any, involved in or affected by a proposed change in the organization and extent of the school districts; (4) Make an equitable adjustment of the bonded indebtedness outstanding against any of the old and new districts whenever in its judgment such adjustment is advisable, as to all of the school districts involved in or affected by any change heretofore or hereafter effected; (5) Provide that territory transferred from a school district by a change in the organization and extent of school districts shall either remain subject to, or be relieved of, any one or more excess tax levies that are authorized for the school district under RCW 84.52.053 before the effective date of the transfer of territory from the school district; (6) Provide that territory transferred to a school district by a change in the organization and extent of school districts shall either be made subject to, or be relieved of, any one or more excess tax levies that are authorized for the school district under RCW 84.52.053 before the effective date of the transfer of territory to the school district; (7) Establish the date by which a committee-approved transfer of territory shall take effect; 28A.315.095 28A.315.055 Conflicting or incorrectly described school district boundaries. In case the boundaries of any of the school districts are conflicting or incorrectly described, the educational service district board of directors, after due notice and a public hearing, shall change, harmonize, and describe them and shall so certify, with a complete transcript of boundaries of all districts affected, such action to the superintendent of public instruction for approval or revision. Upon receipt of notification of action by the superintendent of public instruction, the educational service district superintendent shall transmit to the county legislative authority of the county or counties in which the affected districts are located a complete transcript of the boundaries of all districts affected. [2006 c 263 § 506; 1999 c 315 § 203.] 28A.315.055 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.315.065 District boundary changes—Submission to county auditor. (1) Any district boundary changes shall be submitted to the county auditor by the educational service district superintendent within thirty days after the changes have been approved in accordance with this chapter. The superintendent shall submit both legal descriptions and maps. (2) Any boundary changes submitted to the county auditor after the fourth Monday in June of odd-numbered years does not take effect until the following calendar year. [1999 c 315 § 204.] 28A.315.065 28A.315.075 Effect of 1999 c 315—Existing provisions not affected. (1) Any proposed change in school district organization initiated before July 25, 1999, shall be considered under the laws and rules in effect before July 25, 1999. Chapter 315, Laws of 1999 applies to any proposed 28A.315.075 (2008 Ed.) [Title 28A RCW—page 121] 28A.315.105 Title 28A RCW: Common School Provisions (8) Hold and keep a record of a public hearing or public hearings (a) on every proposal for the formation of a new school district or for the transfer from one existing district to another of any territory in which children of school age reside or for annexation of territory when the conditions set forth in *RCW 28A.315.290 or 28A.315.320 prevail; and (b) on every proposal for adjustment of the assets and of the liabilities of school districts provided for in this chapter. Three members of the regional committee or two members of the committee and the educational service district superintendent may be designated by the committee to hold any public hearing that the committee is required to hold. The regional committee shall cause notice to be given, at least ten days prior to the date appointed for any such hearing, in one or more newspapers of general circulation within the geographical boundaries of the school districts affected by the proposed change or adjustment. In addition notice may be given by radio and television, or either thereof, when in the committee’s judgment the public interest will be served thereby; and (9) Prepare and submit to the superintendent of public instruction from time to time or, upon his or her request, reports and recommendations respecting the urgency of need for school plant facilities, the kind and extent of the facilities required, and the development of improved local school administrative units and attendance areas in the case of school districts that seek state assistance in providing school plant facilities. [1999 c 315 § 301.] *Reviser’s note: RCW 28A.315.290 and 28A.315.320 were repealed by 1999 c 315 § 801. Later enactment of RCW 28A.315.320, see RCW 28A.315.225. 28A.315.105 Regional committees—Appointment and terms of members—New regional committees. (1) There is hereby created in each educational service district a committee which shall be known as the regional committee on school district organization, which committee shall be composed of not less than seven nor more than nine registered voters of the educational service district, the number to correspond with the number of board member districts established for the governance of the educational service district in which the regional committee is located. (2) Members of each regional committee shall be appointed to serve a four-year term by the educational service district board of the district in which the regional committee is located. One member of the regional committee shall be appointed from each such educational service district board member district. Appointed members of regional committees must be registered voters and reside in the educational service district board member district from which they are appointed. Members of regional committees who were elected before June 12, 2008, may serve the remainder of their four-year terms. Vacancies occurring for any reason, including at the end of the term of any member of a regional committee who was elected before June 12, 2008, shall be filled by appointment by the educational service district board of directors as provided in this section. (3) In the event of a change in the number of educational service districts or in the number of educational service district board members pursuant to chapter 28A.310 RCW, a new regional committee shall be appointed for each affected educational service district at the expiration of the terms of 28A.315.105 [Title 28A RCW—page 122] the majority of the members of the regional committee. Those persons who were serving on a regional committee within an educational service district affected by a change in the number of districts or board members shall continue to constitute the regional committee for the educational service district within which they are registered to vote until the majority of a new board has been appointed. (4) No appointed member of a regional committee may continue to serve on the committee if he or she ceases to be a registered voter of the educational service district board member district or if he or she is absent from three consecutive meetings of the committee without an excuse acceptable to the committee. [2008 c 159 § 4; 1985 c 385 § 2; 1969 ex.s. c 223 § 28A.57.030. Prior: 1947 c 266 § 11, part; Rem. Supp. 1947 § 4693-30, part; prior: 1941 c 248 § 3, part; Rem. Supp. 1941 § 4709-3, part. Formerly RCW 28A.315.040, 28A.57.030, 28.57.030, part.] Severability—1985 c 385: See note following RCW 28A.315.025. 28A.315.115 Regional committees—Membership limitation. Persons possessing the status of any of the following positions shall not be eligible to be a member of a regional committee: The superintendent of public instruction, a member of the state board of education, an educational service district superintendent, a member of a board of directors of a school district, a member of an educational service district board, a member of a governing board of either a private school or a private school district which conducts any grades kindergarten through twelve, officers appointed by any such governing board, and employees of a school district, an educational service district, the office of the superintendent of public instruction, a private school, or a private school district. [1985 c 385 § 3; 1975 1st ex.s. c 275 § 79; 1969 ex.s. c 176 § 115; 1969 ex.s. c 223 § 28A.57.031. Prior: 1947 c 226 § 11, part; Rem. Supp. 1947 § 4693-30, part; prior: 1941 c 248 § 3, part; Rem. Supp. 1941 § 4709-3, part. Formerly RCW 28A.315.050, 28A.57.031, 28.57.030, part.] 28A.315.115 Severability—1985 c 385: See note following RCW 28A.315.025. Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010. 28A.315.155 Regional committees—Members’ expenses reimbursed. Members of each regional committee shall serve without compensation but shall be reimbursed for expenses necessarily incurred in the performance of their duties. [1985 c 385 § 7; 1969 ex.s. c 176 § 118; 1969 ex.s. c 223 § 28A.57.035. Prior: 1947 c 266 § 11, part; Rem. Supp. 1947 § 4693-30, part; prior: 1941 c 248 § 3, part; Rem. Supp. 1941 § 4709-3, part. Formerly RCW 28A.315.090, 28A.57.035, 28.57.030, part.] 28A.315.155 Severability—1985 c 385: See note following RCW 28A.315.025. Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010. 28A.315.165 Regional committees—Organization, meetings, quorum. Each regional committee shall organize by electing from its membership a chair and a vice chair. The educational service district superintendent shall be the secretary of the committee. Meetings of the committee shall be held upon call of the chair or of a majority of the members 28A.315.165 (2008 Ed.) Organization and Reorganization of School Districts thereof. A majority of the committee shall constitute a quorum. [1990 c 33 § 297; 1985 c 385 § 8; 1975 1st ex.s. c 275 § 82; 1969 ex.s. c 176 § 119; 1969 ex.s. c 223 § 28A.57.040. Prior: 1947 c 266 § 12; Rem. Supp. 1947 § 4693-31; prior: 1941 c 248 § 4; Rem. Supp. 1941 § 4709-4. Formerly RCW 28A.315.100, 28A.57.040, 28.57.040.] Severability—1985 c 385: See note following RCW 28A.315.025. Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010. 28A.315.175 Superintendent of public instruction— Powers and duties. The superintendent of public instruction shall: (1) Aid regional committees in the performance of their duties by furnishing them with plans of procedure, standards, data, maps, forms, and other necessary materials and services essential to a study and understanding of the problems of school district organization in their respective educational service districts; and (2) Carry out powers and duties of the superintendent of public instruction relating to the organization and reorganization of school districts. [2006 c 263 § 501; 1999 c 315 § 302.] 28A.315.175 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.315.185 Annual training. To the extent funds are appropriated, the superintendent of public instruction, in cooperation with the educational service districts and the Washington state school directors’ association, shall conduct an annual training meeting for the regional committees, educational service district superintendents, and local school district superintendents and boards of directors. Training may also be provided upon request. [2006 c 263 § 509; 1999 c 315 § 303.] 28A.315.185 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.315.195 Transfer of territory by petition— Requirements—Rules—Costs. (1) A proposed change in school district organization by transfer of territory from one school district to another may be initiated by a petition in writing presented to the educational service district superintendent: (a) Signed by at least fifty percent plus one of the active registered voters residing in the territory proposed to be transferred; or (b) Signed by a majority of the members of the board of directors of one of the districts affected by a proposed transfer of territory and providing documentation that, before signing the petition, the board of directors took the following actions: (i) Communicated the proposed transfer to the board of directors of the affected district or districts and provided an opportunity for the board of the affected district or districts to respond; and (ii) Communicated the proposed transfer to the registered voters residing in the territory proposed to be transferred, provided notice of a public hearing regarding the proposal, and provided the voters an opportunity to comment on the proposal at the public hearing. 28A.315.195 (2008 Ed.) 28A.315.195 (2) The petition shall state the name and number of each district affected, describe the boundaries of the territory proposed to be transferred, and state the reasons for desiring the change and the number of children of school age, if any, residing in the territory. (3) The educational service district superintendent shall not complete any transfer of territory under this section that involves ten percent or more of the common school student population of the entire district from which the transfer is proposed, unless the educational service district superintendent has first called and held a special election of the voters of the entire school district from which the transfer of territory is proposed. The purpose of the election is to afford those voters an opportunity to approve or reject the proposed transfer. A simple majority shall determine approval or rejection. (4) The superintendent of public instruction may establish rules limiting the frequency of petitions that may be filed pertaining to territory included in whole or in part in a previous petition. (5) Upon receipt of the petition, the educational service district superintendent shall notify in writing the affected districts that: (a) Each school district board of directors, whether or not initiating a proposed transfer of territory, is required to enter into negotiations with the affected district or districts; (b) In the case of a citizen-initiated petition, the affected districts must negotiate on the entire proposed transfer of territory; (c) The districts have ninety calendar days in which to agree to the proposed transfer of territory; (d) The districts may request and shall be granted by the educational service district superintendent one thirty-day extension to try to reach agreement; and (e) Any district involved in the negotiations may at any time during the ninety-day period notify the educational service district superintendent in writing that agreement will not be possible. (6) If the negotiating school boards cannot come to agreement about the proposed transfer of territory, the educational service district superintendent, if requested by the affected districts, shall appoint a mediator. The mediator has thirty days to work with the affected school districts to see if an agreement can be reached on the proposed transfer of territory. (7) If the affected school districts cannot come to agreement about the proposed transfer of territory, and the districts do not request the services of a mediator or the mediator was unable to bring the districts to agreement, either district may file with the educational service district superintendent a written request for a hearing by the regional committee. (8) If the affected school districts cannot come to agreement about the proposed transfer of territory initiated by citizen petition, and the districts do not request the services of a mediator or the mediator was unable to bring the districts to agreement, the district in which the citizens who filed the petition reside shall file with the educational service district superintendent a written request for a hearing by the regional committee, unless a majority of the citizen petitioners request otherwise. [Title 28A RCW—page 123] 28A.315.205 Title 28A RCW: Common School Provisions (9) Upon receipt of a notice under subsection (7) or (8) of this section, the educational service district superintendent shall notify the chair of the regional committee in writing within ten days. (10) Costs incurred by school districts under this section shall be reimbursed by the state from such funds as are appropriated for this purpose. [2008 c 159 § 1; 2006 c 263 § 502; 2003 c 413 § 2; 1999 c 315 § 401.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.315.205 Transfer of territory by petition— Regional committee responsibilities—Rules—Appeals. (1) The chair of the regional committee shall schedule a hearing on the proposed transfer of territory at a location in the educational service district within sixty calendar days of being notified under RCW 28A.315.195 (7) or (8). (2) Within thirty calendar days of the hearing under subsection (1) of this section, or final hearing if more than one is held by the committee, the committee shall issue its written findings and decision to approve or disapprove the proposed transfer of territory. The educational service district superintendent shall transmit a copy of the committee’s decision to the superintendents of the affected school districts within ten calendar days. (3) In carrying out the purposes of RCW 28A.315.015 and in making decisions as authorized under RCW 28A.315.095(1), the regional committee shall base its judgment upon whether and to the extent the proposed change in school district organization complies with RCW 28A.315.015(2) and rules adopted by the superintendent of public instruction under chapter 34.05 RCW. (4) The rules under subsection (3) of this section shall provide for giving consideration to all of the following: (a) Student educational opportunities as measured by the percentage of students performing at each level of the statewide mandated assessments and data regarding student attendance, graduation, and dropout rates; (b) The safety and welfare of pupils. For the purposes of this subsection, "safety" means freedom or protection from danger, injury, or damage and "welfare" means a positive condition or influence regarding health, character, and wellbeing; (c) The history and relationship of the property affected to the students and communities affected, including, for example, the impact of the growth management act and current or proposed urban growth areas, city boundaries, and master planned communities; (d) Whether or not geographic accessibility warrants a favorable consideration of a recommended change in school district organization, including remoteness or isolation of places of residence and time required to travel to and from school; and (e) All funding sources of the affected districts, equalization among school districts of the tax burden for general fund and capital purposes through a reduction in disparities in per pupil valuation when all funding sources are considered, improvement in the economies in the administration and operation of schools, and the extent the proposed change would potentially reduce or increase the individual and aggregate transportation costs of the affected school districts. 28A.315.205 [Title 28A RCW—page 124] (5)(a)(i) A petitioner or school district may appeal a decision by the regional committee to the superintendent of public instruction based on the claim that the regional committee failed to follow the applicable statutory and regulatory procedures or acted in an arbitrary and capricious manner. Any such appeal shall be based on the record and the appeal must be filed within thirty days of the final decision of the regional committee. The appeal shall be heard and determined by an administrative law judge in the office of administrative hearings, based on the standards in (a)(ii) of this subsection. (ii) If the administrative law judge finds that all applicable procedures were not followed or that the regional committee acted in an arbitrary and capricious manner, the administrative law judge shall refer the matter back to the regional committee with an explanation of his or her findings. The regional committee shall rehear the proposal. (iii) If the administrative law judge finds that all applicable procedures were followed or that the regional committee did not act in an arbitrary and capricious manner, depending on the appeal, the educational service district shall be notified and directed to implement the changes. (b) Any school district or citizen petitioner affected by a final decision of the regional committee may seek judicial review of the committee’s decision in accordance with RCW 34.05.570. [2008 c 159 § 2; 2006 c 263 § 503; 2003 c 413 § 1; 1999 c 315 § 402.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.315.215 Transfer of territory by agreement or order—Approval—Order. (1) Upon receipt by the educational service district superintendent of a written agreement by two or more school districts to the transfer of territory between the affected districts, the superintendent shall make an order establishing all approved changes involving the alteration of the boundaries of the affected districts. The order shall also establish all approved terms of the equitable adjustment of assets and liabilities involving the affected districts. The superintendent shall certify his or her action to each county auditor, each county treasurer, each county assessor, and the superintendents of all school districts affected by the action. (2) Upon receipt by the educational service district superintendent of a written order by the regional committee approving the transfer of territory between two or more school districts, the superintendent shall make an order establishing all approved changes involving the alteration of the boundaries of the affected districts. The order may not be implemented before the period of appeal authorized under RCW 28A.315.205(5)(a)(i) has ended. The order shall also establish all approved terms of the equitable adjustment of assets and liabilities involving the affected districts. The superintendent shall certify his or her action to each county auditor, each county treasurer, each county assessor, and the superintendents of all school districts affected by the action. [1999 c 315 § 403.] 28A.315.215 28A.315.225 Dissolution and annexation of certain districts—Annexation of nondistrict property. In case any school district has an average enrollment of fewer than five 28A.315.225 (2008 Ed.) Organization and Reorganization of School Districts kindergarten through eighth grade pupils during the preceding school year or has not made a reasonable effort to maintain, during the preceding school year at least the minimum term of school required by law, the educational service district superintendent shall report that fact to the regional committee, which committee shall dissolve the school district and annex the territory thereof to some other district or districts. For the purposes of this section, in addition to any other finding, "reasonable effort" shall be deemed to mean the attempt to make up whatever days are short of the legal requirement by conducting of school classes on any days to include available holidays, though not to include Saturdays and Sundays, prior to June 15th of that year. School districts operating an extended school year program, most commonly implemented as a 45-15 plan, shall be deemed to be making a reasonable effort. In the event any school district has suffered any interruption in its normal school calendar due to a strike or other work stoppage or slowdown by any of its employees that district shall not be subject to this section. In case any territory is not a part of any school district, the educational service district superintendent shall present to the regional committee a proposal for the annexation of the territory to some contiguous district or districts. [1999 c 315 § 501.] 28A.315.235 Consolidation—Petition. (1) A proposed change in school district organization by consolidation of territory from two or more school districts to form a new school district may be initiated by: (a) A written petition presented to the educational service district superintendent signed by ten or more registered voters residing: (i) In each whole district and in each part of a district proposed to be included in any single new district; or (ii) In the territory of a proposed new district that comprises a part of only one or more districts and approved by the boards of directors of the affected school districts; (b) A written petition presented to the educational service district superintendent signed by ten percent or more of the registered voters residing in such affected areas or area without the approval of the boards of directors of the affected school districts. (2) The petition shall state the name and number of each district involved in or affected by the proposal to form the new district and shall describe the boundaries of the proposed new district. No more than one petition for consolidation of the same two school districts or parts thereof shall be considered during a school fiscal year. (3) The educational service district superintendent may not complete any consolidation of territory under this section unless he or she has first called and held a special election of the voters of the affected districts to afford those voters an opportunity to approve or reject the proposed consolidation. A simple majority shall determine approval or rejection. (4) If a proposed change in school district organization by consolidation of territory has been approved under this section, the educational service district superintendent shall make an order establishing all approved changes involving the alteration of the boundaries of the affected districts. The order shall also establish all approved terms of the equitable adjustment of assets and liabilities involving the affected districts. The superintendent shall certify his or her action to 28A.315.235 (2008 Ed.) 28A.315.265 each county auditor, each county treasurer, each county assessor, and the superintendents of all school districts affected by the action. [1999 c 315 § 601.] 28A.315.245 Adjustment of assets and liabilities. In determining an equitable adjustment of assets and liabilities, the negotiating school districts and the regional committee shall consider the following factors: (1) The number of school age children residing in each school district and in each part of a district involved or affected by the proposed change in school district organization; (2) The assessed valuation of the property located in each school district and in each part of a district involved or affected by the proposed change in school district organization; (3) The purpose for which the bonded indebtedness of any school district involved or affected by the proposed change in school district organization was incurred; (4) The history and relationship of the property affected to the students and communities affected by the proposed change in school district organization; (5) Additional burdens to the districts affected by the proposed change in school district organization as a result of the proposed organization; (6) The value, location, and disposition of all improvements located in the school districts involved or affected by the proposed change in school district organization; (7) The consideration of all other sources of funding; and (8) Any other factors that in the judgment of the school districts or regional committee are important or essential to the making of an equitable adjustment of assets and liabilities. [1999 c 315 § 701.] 28A.315.245 28A.315.255 Adjustment of indebtedness. (1) The fact of the issuance of bonds by a school district, heretofore or hereafter, does not prevent changes in the organization and extent of school districts, regardless of whether or not such bonds or any part thereof are outstanding at the time of change. (2) In case of any change: (a) The bonded indebtedness outstanding against any school district involved in or affected by such change shall be adjusted equitably among the old school districts and the new district or districts, if any, involved or affected; and (b) The property and other assets and the liabilities other than bonded indebtedness of any school district involved in or affected by any such change shall also be adjusted in the manner and to the effect provided for in this section, except if all the territory of an old school district is included in a single new district or is annexed to a single existing district, in which event the title to the property and other assets and the liabilities other than bonded indebtedness of the old district vests in and becomes the assets and liabilities of the new district or of the existing district, as applicable. [1999 c 315 § 702.] 28A.315.255 28A.315.265 Adjustment of bonded indebtedness— Order—Special elections. If adjustments of bonded indebtedness are made between or among school districts in con28A.315.265 [Title 28A RCW—page 125] 28A.315.275 Title 28A RCW: Common School Provisions nection with the alteration of the boundaries of the school districts under this chapter, the order of the educational service district superintendent establishing the terms of adjustment of bonded indebtedness shall provide and specify: (1) In every case where bonded indebtedness is transferred from one school district to another school district: (a) That such bonded indebtedness is assumed by the school district to which it is transferred; (b) That thereafter such bonded indebtedness shall be the obligation of the school district to which it is transferred; (c) That, if the terms of adjustment so provide, any bonded indebtedness thereafter incurred by such transferee school district through the sale of bonds authorized before the date its boundaries were altered shall be the obligation of such school district including the territory added thereto; and (d) That taxes shall be levied thereafter against the taxable property located within such school district as it is constituted after its boundaries were altered, the taxes to be levied at the times and in the amounts required to pay the principal of and the interest on the bonded indebtedness assumed or incurred, as the same become due and payable. (2) In computing the debt limitation of any school district from which or to which bonded indebtedness has been transferred, the amount of transferred bonded indebtedness at any time outstanding: (a) Shall be an offset against and deducted from the total bonded indebtedness, if any, of the school district from which the bonded indebtedness was transferred; and (b) Shall be deemed to be bonded indebtedness solely of the transferee school district that assumed the indebtedness. (3) In every case where adjustments of bonded indebtedness do not provide for transfer of bonded indebtedness from one school district to another school district: (a) That the existing bonded indebtedness of each school district, the boundaries of which are altered and any bonded indebtedness incurred by each such school district through the sale of bonds authorized before the date its boundaries were altered is the obligation of the school district in its reduced or enlarged form, as the case may be; and (b) That taxes shall be levied thereafter against the taxable property located within each such school district in its reduced or enlarged form, as the case may be, at the times and in the amounts required to pay the principal of and interest on such bonded indebtedness as the same become due and payable. (4) If a change in school district organization approved by the regional committee concerns a proposal to form a new school district or a proposal for adjustment of bonded indebtedness involving an established school district and one or more former school districts now included therein pursuant to a vote of the people concerned, a special election of the voters residing within the territory of the proposed new district, or of the established district involved in a proposal for adjustment of bonded indebtedness as the case may be, shall be held for the purpose of affording those voters an opportunity to approve or reject such proposals as concern or affect them. (5) In a case involving both the question of the formation of a new school district and the question of adjustment of bonded indebtedness, the questions may be submitted to the voters either in the form of a single proposition or as separate propositions, whichever seems expedient to the educational [Title 28A RCW—page 126] service district superintendent. When the regional committee has passed appropriate resolutions for the questions to be submitted and the educational service district superintendent has given notice thereof to the county auditor, the special election shall be called and conducted, and the returns canvassed as in regular school district elections. [1999 c 315 § 703.] 28A.315.275 Notice of elections. Notice of special elections as provided for in RCW 28A.315.265 shall be given by the county auditor as provided in *RCW 29.27.080. The notice of election shall state the purpose for which the election has been called and contain a description of the boundaries of the proposed new district and a statement of any terms of adjustment of bonded indebtedness on which to be voted. [1999 c 315 § 704.] 28A.315.275 *Reviser’s note: RCW 29.27.080 was recodified as RCW 29A.52.350 pursuant to 2003 c 111 § 2401, effective July 1, 2004. RCW 29A.52.350 was subsequently repealed by 2004 c 271 § 193. Later enactment of RCW 29A.52.350, see RCW 29A.52.351. 28A.315.285 Special election—Determination— Order—Certification. (1) If a special election is held to vote on a proposal or alternate proposals to form a new school district, the votes cast by the registered voters in each component district shall be tabulated separately. Any such proposition shall be considered approved only if it receives a majority of the votes cast in each separate district voting thereon. (2) If a special election is held to vote on a proposal for adjustment of bonded indebtedness, the entire vote cast by the registered voters of the proposed new district or of the established district as the case may be shall be tabulated. Any such proposition shall be considered approved if sixty percent or more of all votes cast thereon are in the affirmative. (3) In the event of approval of a proposition or propositions voted on at a special election, the educational service district superintendent shall: (a) Make an order establishing such new school district or such terms of adjustment of bonded indebtedness or both, as were approved by the registered voters and shall also order such other terms of adjustment, if there are any, of property and other assets and of liabilities other than bonded indebtedness as have been approved by the state council; and (b) Certify his or her action to the county and school district officials specified in RCW 28A.315.215. The educational service district superintendent may designate, with the approval of the superintendent of public instruction, a name and number different from that of any component thereof, but must designate the new district by name and number different from any other district in existence in the county. (4) The educational service district superintendent shall fix as the effective date of any order or orders he or she is required to make by this chapter, the date specified in the order of final approval of any change in the organization and extent of school districts or of any terms of adjustment of the assets and liabilities of school districts subject, for taxing purposes, to the redrawing of taxing district boundaries under RCW 84.09.030, by the regional committee. (5) Upon receipt of certification under this section, the superintendent of each school district that is included in the 28A.315.285 (2008 Ed.) Provisions Applicable to All Districts new district shall deliver to the superintendent of the new school district those books, papers, documents, records, and other materials pertaining to the territory transferred. [1999 c 315 § 705.] 28A.315.295 28A.315.295 Rejection of proposal. If a proposal for the formation of a new school district and for adjustment of bonded indebtedness, or either, is rejected by the registered voters at a special election, the matter is terminated. [1999 c 315 § 706.] 28A.315.305 28 A.3 1 5. 3 0 5 Scho o l d ist r ic t o r g an iz a t io na l changes—Corporate existence—Payment of bonded indebtedness—Levy authority. (1) Each school district involved in or affected by any change made in the organization and extent of school districts under this chapter retains its corporate existence insofar as is necessary for the purpose, until the bonded indebtedness outstanding against it on and after the effective date of the change has been paid in full. This section may not be construed to prevent, after the effective date of the change, such adjustments of bonded indebtedness as are provided for in this chapter. (2) The county legislative authority shall provide, by appropriate levies on the taxable property of each school district, for the payment of the bonded indebtedness outstanding against it after any of the changes or adjustments under this chapter have been effected. (3) In case any such changes or adjustments involve a joint school district, the tax levy for the payment of any bonded indebtedness outstanding against the joint district, after the changes or adjustments are effected, shall be made and the proceeds thereof shall be transmitted, credited, and paid out in conformity with the provisions of law applicable to the payment of the bonded indebtedness of joint school districts. [1999 c 315 § 707.] 28A.315.308 28A.315.308 School district organization changes— Adjustment of school district assets and liabilities— School districts in two or more educational service districts. The duties in this chapter imposed upon and required to be performed by a regional committee and by an educational service district superintendent in connection with a change in the organization and extent of school districts and/or with the adjustment of the assets and liabilities of school districts and with all matters related to such change or adjustment whenever territory lying in more than one educational service district is involved shall be performed by the regional committee and by the superintendent of the educational service district in which is located the part of the proposed or enlarged school district having the largest number of common school pupils residing therein. Proposals for changes in the organization and extent of school districts and proposed terms of adjustment of assets and liabilities thus prepared and approved shall be submitted to the superintendent of public instruction. [2008 c 159 § 6; 2006 c 263 § 612; 1985 c 385 § 25; 1975 1st ex.s. c 275 § 95; 1973 c 47 § 2; 1969 ex.s. c 176 § 131; 1969 ex.s. c 223 § 28A.57.240. Prior: 1947 c 266 § 26; Rem. Supp. 1947 § 4693-45. Formerly RCW 28A.323.020, 28A.315.360, 28A.57.240, 28.57.240.] (2008 Ed.) Chapter 28A.320 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Severability—1985 c 385: See note following RCW 28A.315.025. Severability—1973 c 47: See note following RCW 28A.323.010. Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010. 28A.315.315 Appeal. An appeal may be taken, as provided for in RCW 28A.645.010, to the superior court of the county in which a school district or any part thereof is situated on any question of adjustment of property and other assets and of liabilities provided for in this chapter. If the court finds the terms of the adjustment in question not equitable, the court shall make an adjustment that is equitable. [1990 c 33 § 305; 1983 c 3 § 34; 1969 ex.s. c 223 § 28A.57.120. Prior: 1947 c 266 § 40; Rem. Supp. 1947 § 4693-59. Formerly RCW 28A.315.210, 28A.57.120, 28.57.120.] 28A.315.315 Boundary change, copy of decision to county assessor: RCW 28A.645.040. 28A.315.901 Part headings and captions not law— 1999 c 315. Part headings and section captions used in this act are not any part of the law. [1999 c 315 § 808.] 28A.315.901 Chapter 28A.320 RCW PROVISIONS APPLICABLE TO ALL DISTRICTS Chapter 28A.320 Sections DISTRICT POWERS AND DUTIES 28A.320.010 Corporate powers. 28A.320.015 School boards of directors—Powers—Notice of adoption of policy. 28A.320.020 Liability for debts and judgments. 28A.320.025 School district name change. 28A.320.030 Gifts, conveyances, etc., for scholarship and student aid purposes, receipt and administration. 28A.320.035 Contracting out—Board’s powers and duties—Goods and services. 28A.320.040 Bylaws for board and school government. 28A.320.050 Reimbursement of expenses of directors, other school representatives, and superintendent candidates—Advancing anticipated expenses. 28A.320.060 Officers, employees or agents of school districts or educational service districts, insurance to protect and hold personally harmless. 28A.320.070 School district as self-insurer—Authority. 28A.320.080 Commencement exercises—Lip reading instruction—Joint purchasing, including issuing interest bearing warrants and agreements with private schools—Budgets. 28A.320.090 Preparing and distributing information on district’s instructional program, operation and maintenance—Limitation. 28A.320.100 Actions against officers, employees or agents of school districts and educational service districts—Defense, costs, fees—Payment of obligation. 28A.320.110 Information and research services. 28A.320.120 Cooperation with technical colleges—Jurisdiction over property—Administrative charges—Discrimination against employees of technical colleges prohibited—Dispute resolution. 28A.320.125 Safe school plans—Requirements—Duties of school districts, schools, and educational service districts— Reports—Drills—Rules. 28A.320.128 Notice and disclosure policies—Threats of violence—Student conduct—Immunity for good faith notice—Penalty. 28A.320.130 Weapons incidents—Reporting. 28A.320.135 Telecommunication devices—Limits on possession—Policies. 28A.320.140 Schools with special standards—Dress codes. 28A.320.155 Criminal history record information—School volunteers. 28A.320.160 Alleged sexual misconduct by school employee—Parental notification—Information on public records act. 28A.320.165 Notice of pesticide use. [Title 28A RCW—page 127] 28A.320.010 Title 28A RCW: Common School Provisions 28A.320.170 Curricula—Tribal history and culture. 28A.320.175 School data—Collection and submission to the office of the superintendent of public instruction. 28A.320.180 Mathematics college readiness test—Costs. 28A.320.185 School gardens or farms. 28A.320.190 Extended learning opportunities program. PROGRAM EVALUATION 28A.320.200 Self-study process by school districts—Requirements— Rules. 28A.320.230 Instructional materials—Instructional materials committee. 28A.320.240 School library media programs—Stocking of libraries— Teacher-librarians. DEPOSIT, INVESTMENT, AND USE OF PROCEEDS 28A.320.300 Investment of funds, including funds received by ESD— Authority—Procedure. 28A.320.310 Investment of building funds—Restrictions. 28A.320.320 Investment of funds of district—Service fee. 28A.320.330 School funds enumerated—Deposits—Uses. ELECTORS—QUALIFICATIONS, VOTING PLACE, AND SPECIAL MEETINGS 28A.320.400 Elections—Qualifications of electors—Voting place. 28A.320.410 Elections—Elections to be conducted according to Title 29A RCW. 28A.320.420 Special meetings of voters—Authorized—Purpose. 28A.320.430 Special meetings of voters—Place, notice, procedure, record. 28A.320.440 Special meetings of voters—Directors to follow electors’ decision. SUMMER SCHOOL, NIGHT SCHOOL, EXTRACURRICULAR ACTIVITIES, AND ATHLETICS 28A.320.500 Summer and/or other student vacation period programs— Authorized—Tuition and fees. 28A.320.510 Night schools, summer schools, meetings, use of facilities for. 28A.320.520 School credit for participation in youth court. Assistance of certificated or classified employee—Reimbursement for substitute: RCW 28A.300.035. DISTRICT POWERS AND DUTIES 28A.320.010 Corporate powers. A school district shall constitute a body corporate and shall possess all the usual powers of a public corporation, and in that name and style may sue and be sued and transact all business necessary for maintaining school and protecting the rights of the district, and enter into such obligations as are authorized therefor by law. [1969 ex.s. c 223 § 28A.58.010. Prior: (i) 1909 c 97 p 287 § 7, part; RRS § 4782, part; prior: 1897 c 118 § 44, part; 1891 c 127 § 11, part; 1890 p 366 § 30, part. Formerly RCW 28.58.040, part. (ii) 1947 c 266 § 6, part; Rem. Supp. 1947 § 4693-25, part; prior: 1909 c 97 p 265 § 2, part. Formerly RCW 28A.58.010, 28.57.135, 28.58.010.] 28A.320.010 28A.320.015 School boards of directors—Powers— Notice of adoption of policy. (1) The board of directors of each school district may exercise the following: (a) The broad discretionary power to determine and adopt written policies not in conflict with other law that provide for the development and implementation of programs, activities, services, or practices that the board determines will: (i) Promote the education and daily physical activity of kindergarten through twelfth grade students in the public schools; or (ii) Promote the effective, efficient, or safe management and operation of the school district; (b) Such powers as are expressly authorized by law; and 28A.320.015 [Title 28A RCW—page 128] (c) Such powers as are necessarily or fairly implied in the powers expressly authorized by law. (2) Before adopting a policy under subsection (1)(a) of this section, the school district board of directors shall comply with the notice requirements of the open public meetings act, chapter 42.30 RCW, and shall in addition include in that notice a statement that sets forth or reasonably describes the proposed policy. The board of directors shall provide a reasonable opportunity for public written and oral comment and consideration of the comment by the board of directors. [2005 c 360 § 7; 1992 c 141 § 301.] Findings—Intent—2005 c 360: See note following RCW 36.70A.070. Findings—Part headings—Severability—1992 c 141: See note following RCW 28A.410.040. 28A.320.020 Liability for debts and judgments. Every school district shall be liable for any debts legally due, and for judgments against the district, and such district shall pay any such judgment or liability out of the proper school funds to the credit of the district. [1969 ex.s. c 223 § 28A.58.020. Prior: 1909 c 97 p 287 § 4; RRS § 4779; prior: 1897 c 118 § 41; 1890 p 365 § 27. Formerly RCW 28A.58.020, 28.58.020.] 28A.320.020 28A.320.025 School district name change. (1) The board of directors may change the name of the school district if: (a) Either ten percent of the registered voters of the district file a petition requesting that the name of the school district be changed and submit the proposed new name with the request to the board or the board passes a motion to hold a hearing to change the school district name; (b) After receiving the petition or adopting the motion, the board holds a hearing within one month after the petition was submitted to the board. The board shall publish notice of the hearing and the proposed new name once a week for three consecutive weeks in a newspaper of general circulation within the school district. At the hearing, other names may be proposed and considered by the board without additional notice requirements; and (c) A majority of the board votes to adopt the new name. (2) If the board adopts the new name, the new name shall be recorded in the school district office and with the educational service district superintendent, the superintendent of public instruction, the state board of education, and the secretary of state. [1999 c 101 § 1.] 28A.320.025 28A.320.030 Gifts, conveyances, etc., for scholarship and student aid purposes, receipt and administration. The board of directors of any school district may accept, receive and administer for scholarship and student aid purposes such gifts, grants, conveyances, devises and bequests of personal or real property, in trust or otherwise, for the use or benefit of the school district or its students; and sell, lease, rent or exchange and invest or expend the same or the proceeds, rents, profits and income thereof according to the terms and conditions thereof, if any, for the foregoing purposes; and enter into contracts and adopt regulations deemed necessary by the board to provide for the receipt and expen28A.320.030 (2008 Ed.) Provisions Applicable to All Districts diture of the foregoing. [1974 ex.s. c 8 § 1. Formerly RCW 28A.58.030.] 28A.320.035 Contracting out—Board’s powers and duties—Goods and services. (1) The board of directors of a school district may contract with other school districts, educational service districts, public or private organizations, agencies, schools, or individuals to implement the board’s powers and duties. The board of directors of a school district may contract for goods and services, including but not limited to contracts for goods and services as specifically authorized in statute or rule, as well as other educational, instructional, and specialized services. When a school district board of directors contracts for educational, instructional, or specialized services, the purpose of the contract must be to improve student learning or achievement. (2) A contract under subsection (1) of this section may not be made with a religious or sectarian organization or school where the contract would violate the state or federal Constitution. [1997 c 267 § 1.] 28A.320.035 28A.320.040 Bylaws for board and school government. Every board of directors shall have power to make such bylaws for their own government, and the government of the common schools under their charge, as they deem expedient, not inconsistent with the provisions of this title, or rules and regulations of the superintendent of public instruction or the state board of education. [1969 ex.s. c 223 § 28A.58.110. Prior: 1909 c 97 p 287 § 6; RRS § 4781; prior: 1897 c 118 § 43; 1890 p 366 § 29. Formerly RCW 28A.58.110, 28.58.110.] 28A.320.040 28A.320.050 Reimbursement of expenses of directors, other school representatives, and superintendent candidates—Advancing anticipated expenses. The actual expenses of school directors in going to, returning from and attending upon directors’ meetings or other meetings called or held pursuant to statute shall be paid. Likewise, the expenses of school superintendents and other school representatives chosen by the directors to attend any conferences or meetings or to attend to any urgent business at the behest of the state superintendent of public instruction or the board of directors shall be paid. The board of directors may pay the actual and necessary expenses for travel, lodging and meals a superintendent candidate incurs when he or she attends an employment interview in the school district. The school directors, school superintendents, other school representatives or superintendent candidates may be advanced sufficient sums to cover their anticipated expenses in accordance with rules and regulations promulgated by the state auditor and which shall substantially conform to the procedures provided in RCW 43.03.150 through 43.03.210. [1977 c 73 § 1; 1969 ex.s. c 26 § 2; 1969 ex.s. c 223 § 28A.58.310. Prior: 1961 c 268 § 15; prior: 1919 c 90 § 6, part; 1909 c 97 p 287 § 8, part; RRS § 4783, part. Formerly RCW 28A.58.310, 28.58.310.] 28A.320.050 28A.320.060 Officers, employees or agents of school districts or educational service districts, insurance to protect and hold personally harmless. Any school district 28A.320.060 (2008 Ed.) 28A.320.080 board of directors and educational service district board are authorized to purchase insurance to protect and hold personally harmless any director, officer, employee or agent of the respective school district or educational service district from any action, claim or proceeding instituted against him or her arising out of the performance or failure of performance of duties for or employment with such institution and to hold him or her harmless from any expenses connected with the defense, settlement or monetary judgments from such actions. [1990 c 33 § 330; 1975 1st ex.s. c 275 § 116; 1972 ex.s. c 142 § 2. Formerly RCW 28A.58.630.] 28A.320.070 28A.320.070 School district as self-insurer—Authority. Any school district board of directors is authorized to enter into agreements with the board of directors of other school districts and/or educational service districts to form a self-insurance group for the purpose of qualifying as a selfinsurer under chapter 51.14 RCW. [1982 c 191 § 10. Formerly RCW 28A.58.410.] Severability—1982 c 191: See note following RCW 28A.335.210. School districts as self-insurers: RCW 51.14.150 and 51.14.160. 28A.320.080 28A.320.080 Commencement exercises—Lip reading instruction—Joint purchasing, including issuing interest bearing warrants and agreements with private schools— Budgets. Every board of directors, unless otherwise specifically provided by law, shall: (1) Provide for the expenditure of a reasonable amount for suitable commencement exercises; (2) In addition to providing free instruction in lip reading for children disabled by defective hearing, make arrangements for free instruction in lip reading to adults disabled by defective hearing whenever in its judgment such instruction appears to be in the best interests of the school district and adults concerned; (3) Join with boards of directors of other school districts or an educational service district pursuant to RCW 28A.310.180(3), or both such school districts and educational service district in buying supplies, equipment and services by establishing and maintaining a joint purchasing agency, or otherwise, when deemed for the best interests of the district, any joint agency formed hereunder being herewith authorized and empowered to issue interest bearing warrants in payment of any obligation owed: PROVIDED, HOWEVER, That those agencies issuing interest bearing warrants shall assign accounts receivable in an amount equal to the amount of the outstanding interest bearing warrants to the county treasurer issuing such interest bearing warrants: PROVIDED FURTHER, That the joint purchasing agency shall consider the request of any one or more private schools requesting the agency to jointly buy supplies, equipment, and services including but not limited to school bus maintenance services, and, after considering such request, may cooperate with and jointly make purchases with private schools of supplies, equipment, and services, including but not limited to school bus maintenance services, so long as such private schools pay in advance their proportionate share of the costs or provide a surety bond to cover their proportionate share of the costs involved in such purchases; [Title 28A RCW—page 129] 28A.320.090 Title 28A RCW: Common School Provisions (4) Consider the request of any one or more private schools requesting the board to jointly buy supplies, equipment and services including but not limited to school bus maintenance services, and, after considering such request, may provide such joint purchasing services: PROVIDED, That such private schools pay in advance their proportionate share of the costs or provide a surety bond to cover their proportionate share of the costs involved in such purchases; and (5) Prepare budgets as provided for in chapter 28A.505 RCW. [1995 c 77 § 21; 1990 c 33 § 331; 1986 c 77 § 1; 1983 c 125 § 1; 1981 c 308 § 1; 1979 ex.s. c 66 § 2; 1971 c 26 § 1; 1969 c 53 § 2; 1969 ex.s. c 223 § 28A.58.107. Prior: 1969 c 53 § 1, part; 1967 ex.s. c 29 § 1, part; 1967 c 12 § 1, part; 1965 ex.s. c 49 § 1, part; 1963 c 104 § 1, part; 1963 c 5 § 1, part; 1961 c 305 § 1, part; 1961 c 237 § 1, part; 1961 c 66 § 1, part; 1955 c 68 § 2, part; prior: 1943 c 52 § 1, part; 1941 c 179 § 1, part; 1939 c 131 § 1, part; 1925 ex.s. c 57 § 1, part; 1919 c 89 § 3, part; 1915 c 44 § 1, part; 1909 c 97 p 285 § 2, part; 1907 c 240 § 5, part; 1903 c 104 § 17, part; 1901 c 41 § 3, part; 1897 c 118 § 40, part; 1890 p 364 § 26, part; Rem. Supp. 1943 § 4776, part. Formerly RCW 28A.58.107, 28.58.100(7), (13) and (14).] Severability—1981 c 308: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1981 c 308 § 3.] Severability—1979 ex.s. c 66: See note following RCW 28A.310.180. 28A.320.090 Preparing and distributing information on district’s instructional program, operation and maintenance—Limitation. The board of directors of any school district shall have authority to authorize the expenditure of funds for the purpose of preparing and distributing information to the general public to explain the instructional program, operation and maintenance of the schools of the district: PROVIDED, That nothing contained herein shall be construed to authorize preparation and distribution of information to the general public for the purpose of influencing the outcome of a school district election. [1969 ex.s. c 283 § 11. Formerly RCW 28A.58.610, 28.58.610.] 28A.320.090 Seve ra bi li ty—1 969 e x.s. c 283 : Se e no te fo llo wing R CW 28A.150.050. 28A.320.100 Actions against officers, employees or agents of school districts and educational service districts—Defense, costs, fees—Payment of obligation. Whenever any action, claim or proceeding is instituted against any director, officer, employee or agent of a school district or educational service district arising out of the performance or failure of performance of duties for, or employment with any such district, the board of directors of the school district or educational service district board, as the case may be, may grant a request by such person that the prosecuting attorney and/or attorney of the district’s choosing be authorized to defend said claim, suit or proceeding, and the costs of defense, attorney’s fees, and any obligation for payment arising from such action may be paid from the school district’s general fund, or in the case of an educational service district, from any appropriation made for the support of the educational service district, to which said person is attached: PROVIDED, That costs of defense and/or judg28A.320.100 [Title 28A RCW—page 130] ment against such person shall not be paid in any case where the court has found that such person was not acting in good faith or within the scope of his or her employment with or duties for the district. [1990 c 33 § 332; 1975 1st ex.s. c 275 § 115; 1972 ex.s. c 142 § 1. Formerly RCW 28A.58.620.] 28A.320.110 Information and research services. For the purpose of obtaining information on school organization, administration, operation, finance and instruction, school districts and educational service districts may contract for or purchase information and research services from public universities, colleges and other public bodies, or from private individuals or agencies. For the same purpose, school districts and educational service district superintendents may become members of any nonprofit organization whose principal purpose is to provide such services. Charges payable for such services and membership fees payable to such organizations may be based on the cost of providing such services, on the benefit received by the participating school districts measured by enrollment, or on any other reasonable basis, and may be paid before, during, or after the receipt of such services or the participation as members of such organizations. [1975 1st ex.s. c 275 § 112; 1971 ex.s. c 93 § 4; 1969 ex.s. c 176 § 142; 1969 ex.s. c 223 § 28A.58.530. Prior: 1963 c 30 § 1. Formerly RCW 28A.58.530, 28.58.530.] 28A.320.110 Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010. 28A.320.120 Cooperation with technical colleges— Jurisdiction over property—Administrative charges— Discrimination against employees of technical colleges prohibited—Dispute resolution. As of May 17, 1991, school districts shall not remove facilities, equipment, or property from the jurisdiction or use of the technical colleges. This shall include direct and indirect funds other than those indirect charges provided for in the 1990-91 appropriations act. School districts shall not increase direct or indirect charges for central district administrative support for technical college programs above the percentage rate charged in the 1990-91 school year. This provision on administrative charges for technical college programs shall apply to any state and federal grants, tuition, and other revenues generated by technical college programs. School districts and the superintendent of public instruction shall cooperate fully with the technical colleges and the state board for community and technical colleges with regard to the implementation of chapter 238, Laws of 1991. No employee of a technical college may be discriminated against based on actions or opinions expressed on issues surrounding chapter 238, Laws of 1991. Any dispute related to issues contained in this section shall be resolved under RCW 28B.50.302. [1991 c 238 § 142.] 28A.320.120 Effective dates—Severability—1991 c 238: See RCW 28B.50.917 and 28B.50.918. 28A.320.125 Safe school plans—Requirements— Duties of school districts, schools, and educational service districts—Reports—Drills—Rules. (1) The legislature considers it to be a matter of public safety for public schools and staff to have current safe school plans and procedures in place, fully consistent with federal law. The legislature further finds and intends, by requiring safe school plans to be in 28A.320.125 (2008 Ed.) Provisions Applicable to All Districts place, that school districts will become eligible for federal assistance. The legislature further finds that schools are in a position to serve the community in the event of an emergency resulting from natural disasters or man-made disasters. (2) Schools and school districts shall consider the guidance provided by the superintendent of public instruction, including the comprehensive school safety checklist and the model comprehensive safe school plans that include prevention, intervention, all hazard/crisis response, and postcrisis recovery, when developing their own individual comprehensive safe school plans. Each school district shall adopt, no later than September 1, 2008, and implement a safe school plan consistent with the school mapping information system pursuant to RCW 36.28A.060. The plan shall: (a) Include required school safety policies and procedures; (b) Address emergency mitigation, preparedness, response, and recovery; (c) Include provisions for assisting and communicating with students and staff, including those with special needs or disabilities; (d) Use the training guidance provided by the Washington emergency management division of the state military department in collaboration with the Washington state office of the superintendent of public instruction school safety center and the school safety center advisory committee; (e) Require the building principal to be certified on the incident command system; (f) Take into account the manner in which the school facilities may be used as a community asset in the event of a community-wide emergency; and (g) Set guidelines for requesting city or county law enforcement agencies, local fire departments, emergency service providers, and county emergency management agencies to meet with school districts and participate in safety-related drills annually. (3) School districts shall annually: (a) Review and update safe school plans in collaboration with local emergency response agencies; (b) Conduct an inventory of all hazardous materials; (c) Update information on the school mapping information system to reflect current staffing and updated plans, including: (i) Identifying all staff members who are trained on the national incident management system, trained on the incident command system, or are certified on the incident command system; and (ii) Identifying school transportation procedures for evacuation, to include bus staging areas, evacuation routes, communication systems, parent-student reunification sites, and secondary transportation agreements consistent with the school mapping information system; and (d) Provide information to all staff on the use of emergency supplies and notification and alert procedures. (4) School districts are required to annually record and report on the information and activities required in subsection (3) of this section to the Washington association of sheriffs and police chiefs. (5) School districts are encouraged to work with local emergency management agencies and other emergency responders to conduct one tabletop exercise, one functional (2008 Ed.) 28A.320.128 exercise, and two full-scale exercises within a four-year period. (6) Schools shall conduct no less than one safety-related drill each month that school is in session. Schools shall complete no less than one drill using the school mapping information system, one drill for lockdowns, one drill for shelter-inplace, and six drills for fire evacuation in accordance with the state fire code. Schools should consider drills for earthquakes, tsunamis, or other high-risk local events. Schools shall document the date and time of such drills. This subsection is intended to satisfy all federal requirements for comprehensive school emergency drills and evacuations. (7) Educational service districts are encouraged to apply for federal emergency response and crisis management grants with the assistance of the superintendent of public instruction and the Washington emergency management division of the state military department. (8) The superintendent of public instruction may adopt rules to implement provisions of this section. These rules may include, but are not limited to, provisions for evacuations, lockdowns, or other components of a comprehensive safe school plan. [2007 c 406 § 1; 2002 c 205 § 2.] Findings—2002 c 205: "Following the tragic events of September 11, 2001, the government’s primary role in protecting the health, safety, and well-being of its citizens has been underscored. The legislature recognizes that there is a need to focus on the development and implementation of comprehensive safe school plans for each public school. The legislature recognizes that comprehensive safe school plans for each public school are an integral part of rebuilding public confidence. In developing these plans, the legislature finds that a coordinated effort is essential to ensure the most effective response to any type of emergency. Further, the legislature recognizes that comprehensive safe school plans for each public school are of paramount importance and will help to assure students, parents, guardians, school employees, and school administrators that our schools provide the safest possible learning environment." [2002 c 205 § 1.] Severability—2002 c 205: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2002 c 205 § 5.] Effective dates—2002 c 205 §§ 2, 3, and 4: "(1) Sections 2 and 4 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [March 27, 2002]. (2) Section 3 of this act takes effect September 1, 2002." [2002 c 205 § 6.] 28A.320.128 Notice and disclosure policies—Threats of violence—Student conduct—Immunity for good faith notice—Penalty. (1) By September 1, 2003, each school district board of directors shall adopt a policy that addresses the following issues: (a) Procedures for providing notice of threats of violence or harm to the student or school employee who is the subject of the threat. The policy shall define "threats of violence or harm"; (b) Procedures for disclosing information that is provided to the school administrators about a student’s conduct, including but not limited to the student’s prior disciplinary records, official juvenile court records, and history of violence, to classroom teachers, school staff, and school security who, in the judgment of the principal, should be notified; and (c) Procedures for determining whether or not any threats or conduct established in the policy may be grounds for suspension or expulsion of the student. 28A.320.128 [Title 28A RCW—page 131] 28A.320.130 Title 28A RCW: Common School Provisions (2) The superintendent of public instruction, in consultation with educators and representatives of law enforcement, classified staff, and organizations with expertise in violence prevention and intervention, shall adopt a model policy that includes the issues listed in subsection (1) of this section by January 1, 2003. The model policy shall be posted on the superintendent of public instruction’s web site. The school districts, in drafting their own policies, shall review the model policy. (3) School districts, school district boards of directors, school officials, and school employees providing notice in good faith as required and consistent with the board’s policies adopted under this section are immune from any liability arising out of such notification. (4) A person who intentionally and in bad faith or maliciously, knowingly makes a false notification of a threat under this section is guilty of a misdemeanor punishable under RCW 9A.20.021. [2002 c 206 § 1.] 28A.320.130 28A.320.130 Weapons incidents—Reporting. Each school district and each private school approved under chapter 28A.195 RCW shall report to the superintendent of public instruction by January 31st of each year all known incidents involving the possession of weapons on school premises, on transportation systems, or in areas of facilities while being used exclusively by public or private schools, in violation of RCW 9.41.280 in the year preceding the report. The superintendent shall compile the data and report it to the house of representatives, the senate, and the governor. [1993 c 347 § 2.] 28A.320.135 28A.320.135 Telecommunication devices—Limits on possession—Policies. School district boards of directors may adopt policies that limit the possession of (1) paging telecommunication devices by students that emit audible signals, vibrate, display a message, or otherwise summons or delivers a communication to the possessor, and (2) portable or cellular telephones. [1997 c 266 § 10.] Findings—Intent—Severability—1997 c 266: See notes following RCW 28A.600.455. 28A.320.140 28A.320.140 Schools with special standards—Dress codes. (1) School district boards of directors may establish schools or programs which parents may choose for their children to attend in which: (a) Students are required to conform to dress and grooming codes, including requiring that students wear uniforms; (b) parents are required to participate in the student’s education; or (c) discipline requirements are more stringent than in other schools in the district. (2) School district boards of directors may establish schools or programs in which: (a) Students are required to conform to dress and grooming codes, including requiring that students wear uniforms; (b) parents are regularly counseled and encouraged to participate in the student’s education; or (c) discipline requirements are more stringent than in other schools in the district. School boards may require that students who are subject to suspension or expulsion attend these schools or programs as a condition of continued enrollment in the school district. [Title 28A RCW—page 132] (3) If students are required to wear uniforms in these programs or schools, school districts shall accommodate students so that the uniform requirement is not an unfair barrier to school attendance and participation. (4) Nothing in this section impairs or reduces in any manner whatsoever the authority of a board under other law to impose a dress and appearance code. However, if a board requires uniforms under such other authority, it shall accommodate students so that the uniform requirement is not an unfair barrier to school attendance and participation. (5) School district boards of directors may adopt dress and grooming code policies which prohibit students from wearing gang-related apparel. If a dress and grooming code policy contains this provision, the school board must also establish policies to notify students and parents of what clothing and apparel is considered to be gang-related apparel. This notice must precede any disciplinary action resulting from a student wearing gang-related apparel. (6) School district boards of directors may not adopt a dress and grooming code policy which precludes students who participate in nationally recognized youth organizations from wearing organization uniforms on days that the organization has a scheduled activity or prohibit students from wearing clothing in observance of their religion. [1997 c 266 § 14; 1994 sp.s. c 7 § 612.] Findings—Intent—Severability—1997 c 266: See notes following RCW 28A.600.455. Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540. 28A.320.155 Criminal history record information— School volunteers. If a volunteer alerts a school district that the volunteer has undergone a criminal records check in accordance with applicable state law, including RCW 10.97.050, 28A.400.303, 28A.410.010, or 43.43.830 through 43.43.845, within the two years before the time the volunteer is volunteering in the school, then the school may request that the volunteer furnish the school with a copy of the criminal history record information or sign a release to the business, school, organization, criminal justice agency, or juvenile justice or care agency, or other state agency that originally obtained the criminal history record information to permit the record information to be shared with the school. Once the school requests the information from the business, school, organization, or agency the information shall be furnished to the school. Any business, school, organization, agency, or its employee or official that shares the criminal history record information with the requesting school in accordance with this section is immune from criminal and civil liability for dissemination of the information. If the criminal history record information is shared, the school must require the volunteer to sign a disclosure statement indicating that there has been no conviction since the completion date of the most recent criminal background inquiry. [1999 c 21 § 1.] 28A.320.155 28A.320.160 Alleged sexual misconduct by school employee—Parental notification—Information on public records act. School districts must, at the first opportunity but in all cases within forty-eight hours of receiving a report alleging sexual misconduct by a school employee, notify the 28A.320.160 (2008 Ed.) Provisions Applicable to All Districts parents of a student alleged to be the victim, target, or recipient of the misconduct. School districts shall provide parents with information regarding their rights under the public records act, chapter 42.56 RCW, to request the public records regarding school employee discipline. This information shall be provided to all parents on an annual basis. [2005 c 274 § 244; 2004 c 29 § 3.] Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. Findings—2004 c 29: See note following RCW 28A.400.301. 28A.320.165 Notice of pesticide use. Schools as defined in RCW 17.21.415 shall provide notice of pesticide use to parents or guardians of students and employees pursuant to chapter 17.21 RCW. [2001 c 333 § 4.] 28A.320.165 Effective date—2001 c 333: See note following RCW 17.21.020. 28A.320.170 Curricula—Tribal history and culture. (1) Each school district board of directors is encouraged to incorporate curricula about the history, culture, and government of the nearest federally recognized Indian tribe or tribes, so that students learn about the unique heritage and experience of their closest neighbors. School districts near Washington’s borders are encouraged to include federally recognized Indian tribes whose traditional lands and territories included parts of Washington, but who now reside in Oregon, Idaho, and British Columbia. School districts and tribes are encouraged to work together to develop such curricula. (2) As they conduct regularly scheduled reviews and revisions of their social studies and history curricula, school districts are encouraged to collaborate with any federally recognized Indian tribe within their district, and with neighboring Indian tribes, to incorporate expanded and improved curricular materials about Indian tribes, and to create programs of classroom and community cultural exchanges. (3) School districts are encouraged to collaborate with the office of the superintendent of public instruction on curricular areas regarding tribal government and history that are statewide in nature, such as the concept of tribal sovereignty and the history of federal policy towards federally recognized Indian tribes. The program of Indian education within the office of the superintendent of public instruction is encouraged to help local school districts identify federally recognized Indian tribes whose reservations are in whole or in part within the boundaries of the district and/or those that are nearest to the school district. [2005 c 205 § 4.] 28A.320.170 Intent—Findings—2005 c 205: "It is the intent of the legislature to promote the full success of the centennial accord, which was signed by state and tribal government leaders in 1989. As those leaders declared in the subsequent millennial accord in 1999, this will require "educating the citizens of our state, particularly the youth who are our future leaders, about tribal history, culture, treaty rights, contemporary tribal and state government institutions and relations and the contribution of Indian nations to the state of Washington." The legislature recognizes that this goal has yet to be achieved in most of our state’s schools and districts. As a result, Indian students may not find the school curriculum, especially Washington state history curriculum, relevant to their lives or experiences. In addition, many students may remain uninformed about the experiences, contributions, and perspectives of their tribal neighbors, fellow citizens, and classmates. The legislature further finds that the lack of accurate and complete curricula may contribute to the persistent achievement gap between Indian and other students. The legislature finds there is a need to establish collaborative government-to-government relationships between elected school boards and tribal councils to create local and/or regional curricula about tribal history and culture, and to pro(2008 Ed.) 28A.320.190 mote dialogue and cultural exchanges that can help tribal leaders and school leaders implement strategies to close the achievement gap." [2005 c 205 § 1.] 28A.320.175 School data—Collection and submission to the office of the superintendent of public instruction. No later than the beginning of the 2008-09 school year and thereafter, each school district shall collect and electronically submit to the office of the superintendent of public instruction, in a format and according to a schedule prescribed by the office, the following data for each class or course offered in each school: (1) The certification number or other unique identifier associated with the teacher’s certificate for each teacher assigned to teach the class or course, including reassignments that may occur during the school year; and (2) The statewide student identifier for each student enrolled in or being provided services through the class or course. [2007 c 401 § 4.] 28A.320.175 Findings—2007 c 401: See note following RCW 28A.300.500. 28A.320.180 Mathematics college readiness test— Costs. (1) Subject to funding appropriated for this purpose and beginning in the fall of 2009, school districts shall provide all high school students enrolled in the district the option of taking the mathematics college readiness test developed under RCW 28B.10.679 once at no cost to the students. Districts shall encourage, but not require, students to take the test in their junior or senior year of high school. (2) Subject to funding appropriated for this purpose, the office of the superintendent of public instruction shall reimburse each district for the costs incurred by the district in providing students the opportunity to take the mathematics placement test. [2007 c 396 § 11.] 28A.320.180 Capt ion s n ot l aw— 200 7 c 396 : See no te fol lo win g R CW 28A.305.215. Finding—Intent—2007 c 396: See note following RCW 28A.300.515. 28A.320.185 School gardens or farms. (1) School districts may operate school gardens or farms, as appropriate, for the purpose of growing fruits and vegetables to be used for educational purposes and, where appropriate, to be offered to students through the district nutrition services meal and snack programs. All such foods used in the district’s meal and snack programs shall meet appropriate safety standards. (2) If a school operates a school garden or farm, students representing various student organizations, including but not limited to vocational programs such as the FFA and 4-H, shall be given the opportunity to be involved in the operation of a school garden or farm. (3) When school gardens or farms are used to educate students about agricultural practices, students shall be afforded the opportunity to learn about both organic and conventional growing methods. [2008 c 215 § 7.] 28A.320.185 Findings—Intent—Short title—Captions not law—Conflict with federal requirements—2008 c 215: See notes following RCW 15.64.060. 28A.320.190 Extended learning opportunities program. (1) The extended learning opportunities program is created for eligible eleventh and twelfth grade students who are not on track to meet local or state graduation requirements 28A.320.190 [Title 28A RCW—page 133] 28A.320.200 Title 28A RCW: Common School Provisions as well as eighth grade students who may not be on track to meet the standard on the Washington assessment of student learning or need additional assistance in order to have the opportunity for a successful entry into high school. The program shall provide early notification of graduation status and information on education opportunities including preapprenticeship programs that are available. (2) Under the extended learning opportunities program, districts shall make available to students in grade twelve who have failed to meet one or more local or state graduation requirements the option of continuing enrollment in the school district in accordance with RCW 28A.225.160. Districts are authorized to use basic education program funding to provide instruction to eligible students under RCW 28A.150.220(3). (3) Under the extended learning [opportunities] program, instructional services for eligible students can occur during the regular school day, evenings, on weekends, or at a time and location deemed appropriate by the school district, including the educational service district, in order to meet the needs of these students. Instructional services provided under this section do not include services offered at private schools. Instructional services can include, but are not limited to, the following: (a) Individual or small group instruction; (b) Instruction in English language arts and/or mathematics that eligible students need to pass all or part of the Washington assessment of student learning; (c) Attendance in a public high school or public alternative school classes or at a skill center; (d) Inclusion in remediation programs, including summer school; (e) Language development instruction for English language learners; (f) Online curriculum and instructional support, including programs for credit retrieval and Washington assessment of student learning preparatory classes; and (g) Reading improvement specialists available at the educational service districts to serve eighth, eleventh, and twelfth grade educators through professional development in accordance with RCW 28A.415.350. The reading improvement specialist may also provide direct services to eligible students and those students electing to continue a fifth year in a high school program who are still struggling with basic reading skills. [2008 c 321 § 3.] Findings—2008 c 321: See note following RCW 28A.655.061. PROGRAM EVALUATION 28A.320.200 28A.320.200 Self-study process by school districts—Requirements—Rules. Reviser’s note: RCW 28A.320.200 was amended by 1995 c 335 § 502 without reference to its repeal by 1992 c 141 § 506. It has been decodified for publication purposes under RCW 1.12.025. 28A.320.230 Instructional materials—Instructional materials committee. Every board of directors, unless otherwise specifically provided by law, shall: (1) Prepare, negotiate, set forth in writing and adopt, policy relative to the selection or deletion of instructional materials. Such policy shall: 28A.320.230 [Title 28A RCW—page 134] (a) State the school district’s goals and principles relative to instructional materials; (b) Delegate responsibility for the preparation and recommendation of teachers’ reading lists and specify the procedures to be followed in the selection of all instructional materials including text books; (c) Establish an instructional materials committee to be appointed, with the approval of the school board, by the school district’s chief administrative officer. This committee shall consist of representative members of the district’s professional staff, including representation from the district’s curriculum development committees, and, in the case of districts which operate elementary school(s) only, the educational service district superintendent, one of whose responsibilities shall be to assure the correlation of those elementary district adoptions with those of the high school district(s) which serve their children. The committee may include parents at the school board’s discretion: PROVIDED, That parent members shall make up less than one-half of the total membership of the committee; (d) Provide for reasonable notice to parents of the opportunity to serve on the committee and for terms of office for members of the instructional materials committee; (e) Provide a system for receiving, considering and acting upon written complaints regarding instructional materials used by the school district; (f) Provide free text books, supplies and other instructional materials to be loaned to the pupils of the school, when, in its judgment, the best interests of the district will be subserved thereby and prescribe rules and regulations to preserve such books, supplies and other instructional materials from unnecessary damage. Recommendation of instructional materials shall be by the district’s instructional materials committee in accordance with district policy. Approval or disapproval shall be by the local school district’s board of directors. Districts may pay the necessary travel and subsistence expenses for expert counsel from outside the district. In addition, the committee’s expenses incidental to visits to observe other districts’ selection procedures may be reimbursed by the school district. Districts may, within limitations stated in board policy, use and experiment with instructional materials for a period of time before general adoption is formalized. Within the limitations of board policy, a school district’s chief administrator may purchase instructional materials to meet deviant needs or rapidly changing circumstances. (2) Establish a depreciation scale for determining the value of texts which students wish to purchase. [1989 c 371 § 1; 1979 ex.s. c 134 § 2; 1975 1st ex.s. c 275 § 109; 1971 c 48 § 29; 1969 ex.s. c 223 § 28A.58.103. Prior: 1969 c 53 § 1, part; 1967 ex.s. c 29 § 1, part; 1967 c 12 § 1, part; 1965 ex.s. c 49 § 1, part; 1963 c 104 § 1, part; 1963 c 5 § 1, part; 1961 c 305 § 1, part; 1961 c 237 § 1, part; 1961 c 66 § 1, part; 1955 c 68 § 2, part. Formerly RCW 28A.58.103, 28.58.100 (8) and (9).] Severability—1971 c 48: See note following RCW 28A.310.250. Disposal of obsolete or surplus reading materials by school districts and libraries: RCW 39.33.070. Surplus texts and other educational aids, notice of availability—Student priority as to texts: RCW 28A.335.180. (2008 Ed.) Provisions Applicable to All Districts 28A.320.240 School library media programs— Stocking of libraries—Teacher-librarians. (1) The purpose of this section is to identify quality criteria for school library media programs that support the student learning goals under RCW 28A.150.210, the essential academic learning requirements under RCW 28A.655.070, and high school graduation requirements adopted under RCW 28A.230.090. (2) Every board of directors shall provide for the operation and stocking of such libraries as the board deems necessary for the proper education of the district’s students or as otherwise required by law or rule of the superintendent of public instruction. (3) "Teacher-librarian" means a certified teacher with a library media endorsement under rules adopted by the professional educator standards board. (4) "School-library media program" means a schoolbased program that is staffed by a certificated teacher-librarian and provides a variety of resources that support student mastery of the essential academic learning requirements in all subject areas and the implementation of the district’s school improvement plan. (5) The teacher-librarian, through the school-library media program, shall collaborate as an instructional partner to help all students meet the content goals in all subject areas, and assist high school students completing the culminating project and high school and beyond plans required for graduation. [2006 c 263 § 914; 1969 ex.s. c 223 § 28A.58.104. Prior: (i) 1909 c 97 p 299 § 7; RRS § 4817. Formerly RCW 28.63.040. (ii) 1909 c 97 p 302 § 7; RRS § 4829. Formerly RCW 28A.58.104, 28.63.042.] 28A.320.240 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. DEPOSIT, INVESTMENT, AND USE OF PROCEEDS 28A.320.300 Investment of funds, including funds received by ESD—Authority—Procedure. Any common school district board of directors is empowered to direct and authorize, and to delegate authority to an employee, officer, or agent of the common school district or the educational service district to direct and authorize, the county treasurer to in v e s t f u n d s d e s c r ib e d in RC W 2 8 A . 3 2 0 . 3 1 0 a n d 28A.320.320 and funds from state and federal sources as are then or thereafter received by the educational service district, and such funds from county sources as are then or thereafter received by the county treasurer, for distribution to the common school districts. Funds from state, county and federal sources which are so invested may be invested only for the period the funds are not required for the immediate necessities of the common school district as determined by the school district board of directors or its delegatee, and shall be invested in behalf of the common school district pursuant to the terms of RCW 28A.320.310, 28A.320.320, 36.29.020, 36.29.022, or 36.29.024 as the nature of the funds shall dictate. A grant of authority by a common school district pursuant to this section shall be by resolution of the board of directors and shall specify the duration and extent of the authority so granted. Any authority delegated to an educational service district pursuant to this section may be redelegated pursuant to RCW 28A.310.220. [1999 c 18 § 1; 1990 c 33 § 335; 1982 c 191 § 5; 1975 c 47 § 1. Formerly RCW 28A.58.430.] 28A.320.300 (2008 Ed.) 28A.320.320 Severability—1982 c 191: See note following RCW 28A.335.210. Transportation vehicle fund—Deposits in—Use—Rules for establishment and use: RCW 28A.160.130. 28A.320.310 28A.320.310 Investment of building funds—Restrictions. The board of directors of any school district of the state of Washington which now has, or hereafter shall have, funds in the capital projects fund of the district in the office of the county treasurer which in the judgment of said board are not required for the immediate necessities of the district, may invest and reinvest all, or any part, of such funds pursuant to RCW 35.39.030, 36.29.020, 36.29.022, 36.29.024, 39.59.020, 39.59.030, and 43.84.080: PROVIDED, That nothing herein authorized, or the type and character of the securities thus specified, shall have in itself the effect of delaying any program of building for which said funds shall have been authorized. Said funds and said securities and the profit and interest thereon, and the proceeds thereof, shall be held by the county treasurer to the credit and benefit of the capital projects fund of the district in the county treasurer’s office. [1999 c 18 § 2; 1990 c 33 § 336; 1985 c 7 § 95; 1971 c 8 § 4. Prior: 1945 c 29 § 1. Formerly RCW 28A.58.435.] Severability—1971 c 8: "If any provision of this 1971 act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1971 c 8 § 7.] School funds enumerated—Deposits—Uses: RCW 28A.320.330. 28A.320.320 28A.320.320 Investment of funds of district—Service fee. The county treasurer, or the trustee, guardian, or any other custodian of any school fund, when authorized to do so by the board of directors of any school district, shall invest or reinvest any school funds of such district in investment securities pursuant to RCW 36.29.020 and 36.29.022. The county treasurer shall have the power to select the particular investment in which said funds may be invested. All earnings and income from such investments shall inure to the benefit of any school fund designated by the board of directors of the school district which such board may lawfully designate: PROVIDED, That any interest or earnings being credited to a fund different from that which earned the interest or earnings shall only be expended for instructional supplies, equipment or capital outlay purposes. This section shall apply to all funds which may be lawfully so invested or reinvested which in the judgment of the school board are not required for the immediate necessities of the district. Five percent of the interest or earnings, with an annual minimum of ten dollars or annual maximum of fifty dollars, on any transactions authorized by each resolution of the board of school directors shall be paid as an investment service fee to the office of county treasurer when the interest or earnings becomes available to the school district or an amount as determined pursuant to RCW 36.29.022 and 36.29.024. [1999 c 18 § 3; 1983 c 66 § 1; 1969 ex.s. c 223 § 28A.58.440. Prior: 1965 c 111 § 1; 1961 c 123 § 1. Formerly RCW 28A.58.440, 28.58.440.] Severability—1983 c 66: See note following RCW 39.58.010. Investment of idle building funds—1945 act: 1945 c 29 § 1. School funds enumerated—Deposits—Uses: RCW 28A.320.330. [Title 28A RCW—page 135] 28A.320.330 Title 28A RCW: Common School Provisions 28A.320.330 School funds enumerated—Deposits— Uses. School districts shall establish the following funds in addition to those provided elsewhere by law: (1) A general fund for maintenance and operation of the school district to account for all financial operations of the school district except those required to be accounted for in another fund. (2) A capital projects fund shall be established for major capital purposes. All statutory references to a "building fund" shall mean the capital projects fund so established. Money to be deposited into the capital projects fund shall include, but not be limited to, bond proceeds, proceeds from excess levies authorized by RCW 84.52.053, state apportionment proceeds as authorized by RCW 28A.150.270, earnings from capital projects fund investments as authorized by RCW 28A.320.310 and 28A.320.320, and state forest revenues transferred pursuant to subsection (3) of this section. Money derived from the sale of bonds, including interest earnings thereof, may only be used for those purposes described in RCW 28A.530.010, except that accrued interest paid for bonds shall be deposited in the debt service fund. Money to be deposited into the capital projects fund shall include but not be limited to rental and lease proceeds as authorized by RCW 28A.335.060, and proceeds from the sale of real property as authorized by RCW 28A.335.130. Money legally deposited into the capital projects fund from other sources may be used for the purposes described in RCW 28A.530.010, and for the purposes of: (a) Major renovation, including the replacement of facilities and systems where periodical repairs are no longer economical. Major renovation and replacement shall include, but shall not be limited to, roofing, heating and ventilating systems, floor covering, and electrical systems. (b) Renovation and rehabilitation of playfields, athletic fields, and other district real property. (c) The conduct of preliminary energy audits and energy audits of school district buildings. For the purpose of this section: (i) "Preliminary energy audits" means a determination of the energy consumption characteristics of a building, including the size, type, rate of energy consumption, and major energy using systems of the building. (ii) "Energy audit" means a survey of a building or complex which identifies the type, size, energy use level, and major energy using systems; which determines appropriate energy conservation maintenance or operating procedures and assesses any need for the acquisition and installation of energy conservation measures, including solar energy and renewable resource measures. (iii) "Energy capital improvement" means the installation, or modification of the installation, of energy conservation measures in a building which measures are primarily intended to reduce energy consumption or allow the use of an alternative energy source. (d) Those energy capital improvements which are identified as being cost-effective in the audits authorized by this section. (e) Purchase or installation of additional major items of equipment and furniture: PROVIDED, That vehicles shall not be purchased with capital projects fund money. 28A.320.330 [Title 28A RCW—page 136] (f)(i) Costs associated with implementing technology systems, facilities, and projects, including acquiring hardware, licensing software, and online applications and training related to the installation of the foregoing. However, the software or applications must be an integral part of the district’s technology systems, facilities, or projects. (ii) Costs associated with the application and modernization of technology systems for operations and instruction including, but not limited to, the ongoing fees for online applications, subscriptions, or software licenses, including upgrades and incidental services, and ongoing training related to the installation and integration of these products and services. However, to the extent the funds are used for the purpose under this subsection (2)(f)(ii), the school district shall transfer to the district’s general fund the portion of the capital projects fund used for this purpose. The office of the superintendent of public instruction shall develop accounting guidelines for these transfers in accordance with internal revenue service regulations. (3) A debt service fund to provide for tax proceeds, other revenues, and disbursements as authorized in chapter 39.44 RCW. State forest land revenues that are deposited in a school district’s debt service fund pursuant to RCW 79.64.110 and to the extent not necessary for payment of debt service on school district bonds may be transferred by the school district into the district’s capital projects fund. (4) An associated student body fund as authorized by RCW 28A.325.030. (5) Advance refunding bond funds and refunded bond funds to provide for the proceeds and disbursements as authorized in chapter 39.53 RCW. [2007 c 503 § 2; 2007 c 129 § 2; 2002 c 275 § 2; 1990 c 33 § 337; 1983 c 59 § 13; 1982 c 191 § 6; 1981 c 250 § 2. Formerly RCW 28A.58.441.] Reviser’s note: This section was amended by 2007 c 129 § 2 and by 2007 c 503 § 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Intent—2007 c 129: "The legislature recognizes that technology has become an integral part of the facilities and educational delivery systems in our schools. In order to prepare our state’s students to participate fully in our state’s economy, school districts are making substantial capital investments in their technology systems, facilities, and projects. Districts are implementing, applying, and modernizing their technology systems. Software companies are shifting from selling software as a one-time package to a license or an extended contractual relationship requiring a subscription and ongoing payments. School districts must be empowered to respond to the changing business models in the software industry and be given flexibility and authority to use capital projects funds to pay for licenses or online application fees. It is the intent of the legislature that these investments be deemed major capital purpose and are also permitted uses of the district’s two to six-year levies authorized by RCW 84.52.053." [2007 c 129 § 1.] Declaration—2002 c 275: "The legislature recognizes and acknowledges that technology has become an integral part of the facilities and educational delivery systems in our schools. In order to prepare our state’s students to participate fully in our state’s economy, substantial capital investments must continue to be made in our schools’ comprehensive technology systems, facilities, and projects. These investments are declared to be a major capital purpose." [2002 c 275 § 1.] Application—Effective date—Severability—1983 c 59: See notes following RCW 28A.505.010. Severability—1982 c 191: See note following RCW 28A.335.210. Effective date—1981 c 250: See note following RCW 28A.335.060. (2008 Ed.) Provisions Applicable to All Districts ELECTORS—QUALIFICATIONS, VOTING PLACE, AND SPECIAL MEETINGS 28A.320.400 Elections—Qualifications of electors— Voting place. Qualifications of electors at all school elections shall be the same as at a general state or county election. Except as otherwise provided by law, only those electors residing within the district shall be entitled to vote, and an elector may vote only at the polling place designated by the proper election official. [1969 ex.s. c 223 § 28A.58.520. Prior: 1941 c 12 § 1; Rem. Supp. 1941 § 5025-1. Formerly RCW 28A.58.520, 28.58.520.] 28A.320.400 28A.320.520 may require, from among their number. The secretary of the meeting shall make a record of the proceedings of the meeting, and when the secretary of such meeting has been elected by the qualified voters present, he or she shall within ten days thereafter, file the record of the proceedings, duly certified, with the superintendent of the district, and said records shall become a part of the records of the district, and be preserved as other records. [1990 c 33 § 338; 1969 ex.s. c 223 § 28A.58.380. Prior: 1909 c 97 p 350 § 2; RRS § 5029; prior: 1897 c 118 § 157. Formerly RCW 28A.58.380, 28.58.380, 28.58.390, part.] 28A.320.440 Special meetings of voters—Directors to follow electors’ decision. It shall be the duty of every board of directors to carry out the directions of the electors of their districts as expressed at any such meeting. [1969 ex.s. c 223 § 28A.58.390. Prior: 1909 c 97 p 350 § 3; RRS § 5030; prior: 1897 c 118 § 158. Formerly RCW 28A.58.390, 28.58.390.] 28A.320.440 28A.320.410 Elections—Elections to be conducted according to Title 29A RCW. All school district elections, regular or special, shall be conducted according to the election laws of the state as contained in *Title 29 RCW, and in the event of a conflict as to the application of the laws of this title or *Title 29 RCW, the latter shall prevail. [1969 ex.s. c 223 § 28A.58.521. Prior: 1965 c 123 § 8. Formerly RCW 28A.58.521, 28.58.521.] 28A.320.410 *Reviser’s note: Title 29 RCW was repealed and/or recodified in its entirety pursuant to 2003 c 111, effective July 1, 2004. See Title 29A RCW. 28A.320.420 Special meetings of voters—Authorized—Purpose. Any board of directors at its discretion may, and, upon a petition of a majority of the legal voters of their district, shall call a special meeting of the voters of the district, to determine the length of time in excess of the minimum length of time prescribed by law that such school shall be maintained in the district during the year; to determine whether or not the district shall purchase any schoolhouse site or sites, and to determine the location thereof; or to determine whether or not the district shall build one or more schoolhouses or school facilities; or to determine whether or not the district shall sell any real or personal property belonging to the district, borrow money or establish and maintain a school district library. [1982 c 158 § 4; 1969 ex.s. c 223 § 28A.58.370. Prior: 1909 c 97 p 349 § 1; RRS § 5028; prior: 1901 c 177 § 18; 1897 c 118 § 156. Formerly RCW 28A.58.370, 28.58.370.] 28A.320.420 Severability—1982 c 158: See note following RCW 28A.150.220. 28A.320.430 Special meetings of voters—Place, notice, procedure, record. All such special meetings shall be held at such schoolhouse or place as the board of directors may determine. The voting shall be by ballot, the ballots to be of white paper of uniform size and quality. At least ten days’ notice of such special meeting shall be given by the school district superintendent, in the manner that notice is required to be given of the annual school election, which notice shall state the object or objects for which the meeting is to be held, and no other business shall be transacted at such meeting than such as is specified in the notice. The school district superintendent shall be the secretary of the meeting, and the chairman of the board of directors or, in his absence, the senior director present, shall be chairman of the meeting: PROVIDED, That in the absence of one or all of said officials, the qualified electors present may elect a chairman or secretary, or both chairman and secretary, of said meeting as occasion 28A.320.430 (2008 Ed.) SUMMER SCHOOL, NIGHT SCHOOL, EXTRACURRICULAR ACTIVITIES, AND ATHLETICS 28A.320.500 Summer and/or other student vacation period programs—Authorized—Tuition and fees. Every school district board of directors is authorized to establish and operate summer and/or other student vacation period programs and to assess such tuition and special fees as it deems necessary to offset the maintenance and operation costs of such programs in whole or part. A summer and/or other student vacation period program may consist of such courses and activities as the school district board shall determine to be appropriate: PROVIDED, That such courses and activities shall not conflict with the provisions of RCW 28A.305.130. Attendance shall be voluntary. [1990 c 33 § 339; 1974 ex.s. c 161 § 1. Formerly RCW 28A.58.080.] 28A.320.500 28A.320.510 Night schools, summer schools, meetings, use of facilities for. Every board of directors, unless otherwise specifically provided by law, shall: (1) Authorize school facilities to be used for night schools and establish and maintain the same whenever deemed advisable; (2) Authorize school facilities to be used for summer schools or for meetings, whether public, literary, scientific, religious, political, mechanical, agricultural or whatever, upon approval of the board under such rules or regulations as the board of directors may adopt, which rules or regulations may require a reasonable rental for the use of such facilities. [1969 ex.s. c 223 § 28A.58.105. Prior: 1969 c 53 § 1, part; 1967 ex.s. c 29 § 1, part; 1967 c 12 § 1, part; 1965 ex.s. c 49 § 1, part; 1963 c 104 § 1, part; 1963 c 5 § 1, part; 1961 c 305 § 1, part; 1961 c 237 § 1, part; 1961 c 66 § 1, part; 1955 c 68 § 2, part. Formerly RCW 28A.58.105, 28.58.100 (10) and (12).] 28A.320.510 28A.320.520 School credit for participation in youth court. Local school boards may provide for school credit for participation as a member of a youth court as defined in RCW 3.72.005 or 13.40.020 or a student court pursuant to RCW 28A.300.420. [2002 c 237 § 18.] 28A.320.520 [Title 28A RCW—page 137] Chapter 28A.323 Title 28A RCW: Common School Provisions Chapter 28A.323 RCW JOINT SCHOOL DISTRICTS—SCHOOL DISTRICTS IN TWO OR MORE EDUCATIONAL SERVICE DISTRICTS Chapter 28A.323 Sections 28A.323.010 28A.323.040 28A.323.050 28A.323.060 28A.323.070 28A.323.080 28A.323.090 28A.323.100 Joint school districts—Defined—Designation. Joint school districts—Designation of county to which joint school district belongs. Joint school districts—Elections for director. Joint school districts—Directors—Vacancies. Joint school districts—Powers and duties. Joint school districts—Assessed valuation—Certification. Joint school districts—Levy of tax. Joint school districts—Levy of tax—Remittance to district treasurer. 28A.323.010 Joint school districts—Defined—Designation. Any school district composed of territory lying in more than one county shall be known as a joint school district, and shall be designated by number in accordance with rules and regulations promulgated under *RCW 28A.305.150. [1990 c 33 § 309; 1973 c 47 § 1; 1969 ex.s. c 223 § 28A.57.230. Prior: 1947 c 266 § 25; Rem. Supp. 1947 § 4693-44; prior: 1909 c 97 p 264 § 6; RRS § 4699; prior: 1897 c 118 § 13. Formerly RCW 28A.315.350, 28A.57.230, 28.57.230.] 28A.323.010 *Reviser’s note: RCW 28A.305.150 was repealed by 1999 c 315 § 801. Later enactment, see RCW 28A.300.065. Severability—1973 c 47: "If any provision of this 1973 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1973 c 47 § 6.] Jurisdiction of any such election shall rest with the county auditor of the county administering such joint district as provided in *RCW 28A.315.380. At each general election, or upon approval of a request for a special election as provided for in **RCW 29.13.020, such county auditor shall: (1) See that there shall be at least one polling place in each county; (2) At least twenty days prior to the elections concerned, certify in writing to the superintendent of the school district the number and location of the polling places established by such auditor for such regular or special elections; and (3) Do all things otherwise required by law for the conduct of such election. It is the intention of this section that the qualified electors of a joint school district shall not be forced to go to a different polling place on the same day when other elections are being held to vote for school directors of their district. [1990 c 33 § 311; 1983 c 56 § 6; 1975 1st ex.s. c 275 § 97; 1973 c 47 § 4; 1969 ex.s. c 176 § 133; 1969 ex.s. c 223 § 28A.57.255. Prior: 1961 c 130 § 23. Formerly RCW 28A.315.390, 28A.57.255, 28.57.255.] Reviser’s note: *(1) RCW 28A.315.380 was recodified as RCW 28A.323.040 pursuant to 1999 c 315 § 803. **(2) RCW 29.13.020 was recodified as RCW 29A.04.330 pursuant to 2003 c 111 § 2401, effective July 1, 2004. Severability—1983 c 56: See note following RCW 28A.195.010. Severability—1973 c 47: See note following RCW 28A.323.010. Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010. 28A.323.060 Joint school districts—Directors— Vacancies. A vacancy in the office of director of a joint district shall be filled in the manner provided by *RCW 28A.315.530 for filling vacancies, such appointment to be valid only until a director is elected and qualified to fill such vacancy at the next regular district election. [1990 c 33 § 312; 1973 c 47 § 5; 1971 c 53 § 3; 1969 ex.s. c 176 § 134; 1969 ex.s. c 223 § 28A.57.260. Prior: 1947 c 266 § 28; Rem. Supp. 1947 § 4693-47. Formerly RCW 28A.315.400, 28A.57.260, 28.57.260.] 28A.323.060 28A.323.040 Joint school districts—Designation of county to which joint school district belongs. For all purposes essential to the maintenance, operation, and administration of the schools of a district, including the apportionment of current state and county school funds, the county in which a joint school district shall be considered as belonging shall be as designated by the superintendent of public instruction. Prior to making such designation, the superintendent of public instruction shall hold at least one public hearing on the matter, at which time the recommendation of the joint school district shall be presented and, in addition to such recommendation, the superintendent shall consider the following prior to its designation: (1) Service needs of such district; (2) Availability of services; (3) Geographic location of district and servicing agencies; and (4) Relationship to contiguous school districts. [2006 c 263 § 613; 1973 c 47 § 3; 1969 ex.s. c 223 § 28A.57.250. Prior: 1947 c 266 § 27; Rem. Supp. 1947 § 4693-46. Formerly RCW 28A.315.380, 28A.57.250, 28.57.250.] 28A.323.040 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Severability—1973 c 47: See note following RCW 28A.323.010. 28A.323.050 Joint school districts—Elections for director. The registered voters residing within a joint school district shall be entitled to vote on the office of school director of their district. 28A.323.050 [Title 28A RCW—page 138] *Reviser’s note: RCW 28A.315.530 was recodified as RCW 28A.343.370 pursuant to 1999 c 315 § 804. Severability—1973 c 47: See note following RCW 28A.323.010. Severability—1971 c 53: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1971 c 53 § 6.] Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010. 28A.323.070 Joint school districts—Powers and duties. A joint school district and the officers thereof shall possess all the powers and be subject to all of the duties vested in or imposed upon other school districts of the same class and upon the officers thereof, except as otherwise provided by law. Whenever the laws relating to school districts shall provide for any action by a county officer, such action, if required to be performed in behalf of a joint school district, shall be performed by the proper officer of the county to which the joint district belongs, except as otherwise provided by law. [1969 ex.s. c 223 § 28A.57.270. Prior: 1947 c 266 § 28A.323.070 (2008 Ed.) Associated Student Bodies 2 9 ; R e m . S u p p . 1 9 4 7 § 4 6 9 3 -4 8 . F o r m e r l y R C W 28A.315.410, 28A.57.270, 28.57.270.] Chapter 28A.325 28A.325.020 Chapter 28A.325 RCW ASSOCIATED STUDENT BODIES Sections 28A.323.080 28A.323.080 Joint school districts—Assessed valuation—Certification. It shall be the duty of the assessor of each county, a part of which is included within a joint school district, to certify annually to the auditor of the assessor’s county and to the auditor of the county to which the joint district belongs, for the board of county commissioners thereof, the aggregate assessed valuation of all taxable property in the assessor’s county situated in such joint school district, as the same appears from the last assessment roll of the assessor’s county. [1990 c 33 § 313; 1969 ex.s. c 223 § 28A.57.280. Prior: 1947 c 266 § 30; Rem. Supp. 1947 § 4693-49; prior: 1927 c 286 § 1; 1925 ex.s. c 77 § 8; RRS § 4753-8. Formerly RCW 28A.315.420, 28A.57.280, 28.57.280.] 28A.323.090 28A.323.090 Joint school districts—Levy of tax. The amount of tax to be levied upon the taxable property of that part of a joint school district lying in one county shall be in such ratio to the whole amount levied upon the property in the entire joint district as the assessed valuation of the property lying in such county bears to the assessed valuation of the property in the entire joint district. [1983 c 56 § 7; 1975 1st ex.s. c 275 § 98; 1969 ex.s. c 176 § 135; 1969 ex.s. c 223 § 28A.57.290. Prior: 1947 c 266 § 31; Rem. Supp. 1947 § 4693-50; prior: (i) 1925 ex.s. c 77 § 10; RRS § 4753-10. (ii) 1 9 2 7 c 2 8 6 § 2 ; R R S § 4 7 5 3 -1 1 . F o r m e r l y R C W 28A.315.430, 28A.57.290, 28.57.290.] Severability—1983 c 56: See note following RCW 28A.195.010. Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010. 28A.323.100 28A.325.010 Fees for optional noncredit extracurricular events—Disposition. 28A.325.020 Associated student bodies—Powers and responsibilities affecting. 28A.325.030 Associated student body program fund—Fund-raising activities—Nonassociated student body program fund moneys. 28A.325.010 Fees for optional noncredit extracurricular events—Disposition. The board of directors of any common school district may establish and collect a fee from students and nonstudents as a condition to their attendance at any optional noncredit extracurricular event of the district which is of a cultural, social, recreational, or athletic nature: PROVIDED, That in so establishing such fee or fees, the district shall adopt regulations for waiving and reducing such fees in the cases of those students whose families, by reason of their low income, would have difficulty in paying the entire amount of such fees and may likewise waive or reduce such fees for nonstudents of the age of sixty-five or over who, by reason of their low income, would have difficulty in paying the entire amount of such fees. An optional comprehensive fee may be established and collected for any combination or all of such events or, in the alternative, a fee may be established and collected as a condition to attendance at any single event. Fees collected pursuant to this section shall be deposited in the associated student body program fund of the school district, and may be expended to defray the costs of optional noncredit extracurricular events of such a cultural, social, recreational, or athletic nature, or to otherwise support the activities and programs of associated student bodies. [1977 ex.s. c 170 § 1; 1975 1st ex.s. c 284 § 1. Formerly RCW 28A.58.113.] 28A.325.010 Severability—1975 1st ex.s. c 284: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of its provisions to other persons or circumstances is not affected." [1975 1st ex.s. c 284 § 4.] 28A.323.100 Joint school districts—Levy of tax— Remittance to district treasurer. Upon receipt of the aforesaid certificate, it shall be the duty of the county legislative authority of each county to levy on all taxable property of that part of the joint school district which lies within the county a tax sufficient to raise the amount necessary to meet the county’s proportionate share of the estimated expenditures of the joint district, as shown by the certificate of the educational service district superintendent of the district to which the joint school district belongs. Such taxes shall be levied and collected in the same manner as other taxes are levied and collected, and the proceeds thereof shall be forwarded monthly by the treasurer of each county, other than the county to which the joint district belongs, to the treasurer of the county to which such district belongs and shall be placed to the credit of said district. The treasurer of the county to which a joint school district belongs is hereby declared to be the treasurer of such district. [1994 c 301 § 3; 1975 1st ex.s. c 275 § 99; 1969 ex.s. c 176 § 136; 1969 ex.s. c 223 § 28A.57.300. Prior: 1947 c 266 § 32; Rem. Supp. 1947 § 4693-51. Formerly RCW 28A.315.440, 28A.57.300, 28.57.300.] 28A.325.020 Associated student bodies—Powers and responsibilities affecting. As used in this section, an "associated student body" means the formal organization of the students of a school formed with the approval of and regulation by the board of directors of the school district in conformity to the rules and regulations promulgated by the superintendent of public instruction: PROVIDED, That the board of directors of a school district may act or delegate the authority to an employee of the district to act as the associated student body for any school plant facility within the district containing no grade higher than the sixth grade. The superintendent of public instruction, after consultation with appropriate school organizations and students, shall promulgate rules and regulations to designate the powers and responsibilities of the boards of directors of the school districts of the state of Washington in developing efficient administration, management, and control of moneys, records, and reports of the associated student bodies organized in the public schools of the state. [1984 c 98 § 1; 1975 1st ex.s. c 284 § 3; 1973 c 52 § 1. Formerly RCW 28A.58.115.] Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010. Severability—1975 1st ex.s. c 284: See note following RCW 28A.325.010. (2008 Ed.) 28A.325.020 [Title 28A RCW—page 139] 28A.325.030 Title 28A RCW: Common School Provisions 28A.325.030 Associated student body program fund—Fund-raising activities—Nonassociated student body program fund moneys. (1)(a) There is hereby created a fund on deposit with each county treasurer for each school district of the county having an associated student body as defined in RCW 28A.325.020. Such fund shall be known as the associated student body program fund. Rules adopted by the superintendent of public instruction under RCW 28A.325.020 shall require separate accounting for each associated student body’s transactions in the school district’s associated student body program fund. (b) All moneys generated through the programs and activities of any associated student body shall be deposited in the associated student body program fund. Such funds may be invested for the sole benefit of the associated student body program fund in items enumerated in RCW 28A.320.320 and the county treasurer may assess a fee as provided therein. Disbursements from such fund shall be under the control and supervision, and with the approval, of the board of directors of the school district, and shall be by warrant as provided in chapter 28A.350 RCW: PROVIDED, That in no case shall such warrants be issued in an amount greater than the funds on deposit with the county treasurer in the associated student body program fund. To facilitate the payment of obligations, an imprest bank account or accounts may be created and replenished from the associated student body program fund. (c) The associated student body program fund shall be budgeted by the associated student body, subject to approval by the board of directors of the school district. All disbursements from the associated student body program fund or any imprest bank account established thereunder shall have the prior approval of the appropriate governing body representing the associated student body. Notwithstanding the provisions of RCW 43.09.210, it shall not be mandatory that expenditures from the district’s general fund in support of associated student body programs and activities be reimbursed by payments from the associated student body program fund. (2) Subject to applicable school board policies, student groups may conduct fund-raising activities, including but not limited to soliciting donations, in their private capacities for the purpose of generating nonassociated student body fund moneys. The school board policy shall include provisions to ensure appropriate accountability for these funds. Nonassociated student body program fund moneys generated and received by students for private purposes to use for scholarship, student exchange, and/or charitable purposes shall be held in trust in one or more separate accounts within an associated student body program fund and be disbursed for such purposes as the student group conducting the fund-raising activity shall determine: PROVIDED, That the school district shall either withhold an amount from such moneys as will pay the district for its direct costs in providing the service or otherwise be compensated for its cost for such service. Nonassociated student body program fund moneys shall not be deemed public moneys under section 7, Article VIII of the state Constitution. Notice shall be given identifying the intended use of the proceeds. The notice shall also state that the proceeds are nonassociated student body funds to be held in trust by the school district exclusively for the intended purpose. "Charitable purpose" under this section does not 28A.325.030 [Title 28A RCW—page 140] include any activity related to assisting a campaign for election of a person to an office or for the promotion or opposition to a ballot proposition. [2000 c 157 § 2; 1990 c 33 § 340; 1984 c 98 § 2; 1982 c 231 § 1; 1977 ex.s. c 160 § 1; 1975 1st ex.s. c 284 § 2. Formerly RCW 28A.58.120.] Findings—Intent—2000 c 157: "The legislature finds that current law permits associated student bodies to conduct fund-raising activities, including but not limited to soliciting donations, to raise money for school sports programs and school clubs. However, students also want to conduct fundraising activities for charitable causes, such as to fund scholarships and student exchange programs, assist families whose homes have been destroyed, to fund community projects, and to rebuild the Statue of Liberty. The legislature further finds that current law is not clear how student groups may raise funds for charitable purposes, whether proceeds from any fund-raising activities can be used for charitable purposes or only donations may be used for charitable purposes, and whether recipients must be "poor or infirm." This has resulted in considerable confusion on the part of students regarding what type of fund-raising is permissible when funds are raised for charitable purposes by student groups. It is the intent of the legislature to allow students to broaden the types of fund-raisers that they may conduct for charitable purposes in their private nonassociated student body capacities, and ensure that these funds will be separate from student body funds to avoid constitutional issues pertaining to the gifting of public funds." [2000 c 157 § 1.] Severability—1982 c 231: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1982 c 231 § 2.] Severability—1975 1st ex.s. c 284: See note following RCW 28A.325.010. Establishment of associated student body fund: RCW 28A.320.330. Chapter 28A.330 RCW PROVISIONS APPLICABLE TO SCHOOL DISTRICTS Chapter 28A.330 Sections PROVISIONS APPLICABLE ONLY TO FIRST-CLASS DISTRICTS 28A.330.010 28A.330.020 28A.330.030 28A.330.040 28A.330.050 28A.330.060 28A.330.070 28A.330.080 28A.330.090 28A.330.100 28A.330.110 Board president, vice president or president pro tempore— Secretary. Certain board elections, manner and vote required—Selection of personnel, manner. Duties of president. Duties of vice president. Duties of superintendent as secretary of the board. Superintendent’s bond and oath. Office of board—Records available for public inspection. Payment of claims—Signing of warrants. Auditing committee and expenditures. Additional powers of board. Insurance reserve—Funds. PROVISIONS APPLICABLE ONLY TO SECOND-CLASS DISTRICTS 28A.330.200 28A.330.210 28A.330.220 28A.330.230 28A.330.240 Organization of board—Assumption of superintendent’s duties by board member, when. Notice to ESD superintendent of change of chairman or superintendent. Attorney may be employed. Drawing and issuance of warrants. Employment contracts. Missing children, participation by local school districts in providing information: RCW 13.60.030. PROVISIONS APPLICABLE ONLY TO FIRST-CLASS DISTRICTS 28A.330.010 Board president, vice president or president pro tempore—Secretary. At the first meeting of the 28A.330.010 (2008 Ed.) Provisions Applicable to School Districts members of the board they shall elect a president and vice president from among their number who shall serve for a term of one year or until their successors are elected. In the event of the temporary absence or disability of both the president and vice president, the board of directors may elect a president pro tempore who shall discharge all the duties of president during such temporary absence or disability. The superintendent of such school district shall act as secretary to the board in accordance with the provisions of RCW 28A.400.030. [1990 c 33 § 341; 1969 ex.s. c 223 § 28A.59.030. Prior: 1953 c 111 § 6; prior: 1909 c 97 p 290 § 3, part; RRS § 4792, part. Formerly RCW 28A.59.030, 28.62.030.] 28A.330.020 Certain board elections, manner and vote required—Selection of personnel, manner. The election of the officers of the board of directors or to fill any vacancy as provided in *RCW 28A.315.530, and the selection of the school district superintendent shall be by oral call of the roll of all the members, and no person shall be declared elected or selected unless he or she receives a majority vote of all the members of the board. Selection of other certificated and classified personnel shall be made in such manner as the board shall determine. [1997 c 13 § 8; 1990 c 33 § 342; 1969 ex.s. c 223 § 28A.59.040. Prior: 1909 c 97 p 290 § 4; RRS § 4793. Formerly RCW 28A.59.040, 28.62.040.] 28A.330.020 *Reviser’s note: RCW 28A.315.530 was recodified as RCW 28A.343.370 pursuant to 1999 c 315 § 804. 28A.330.030 Duties of president. It shall be the duty of the president to preside at all meetings of the board, and to perform such other duties as the board may prescribe. [1969 ex.s. c 223 § 28A.59.050. Prior: 1909 c 97 p 290 § 5; RRS § 4794. Formerly RCW 28A.59.050, 28.62.050.] 28A.330.030 28A.330.040 Duties of vice president. It shall be the duty of the vice president to perform all the duties of president in case of the president’s absence or disability. [1990 c 33 § 343; 1969 ex.s. c 223 § 28A.59.060. Prior: 1909 c 97 p 291 § 6; RRS § 4795. Formerly RCW 28A.59.060, 28.62.060.] 28A.330.040 28A.330.090 affirmation, before a proper officer that he or she will support the Constitution of the United States and of the state of Washington and faithfully perform the duties of the office, a copy of which oath or affirmation shall be filed with the educational service district superintendent. [1990 c 33 § 345; 1975 1st ex.s. c 275 § 117; 1971 c 48 § 33; 1969 ex.s. c 223 § 28A.59.080. Prior: 1909 c 97 p 291 § 8; RRS § 4797. Formerly RCW 28A.59.080, 28.62.080.] Severability—1971 c 48: See note following RCW 28A.310.250. 28A.330.070 28A.330.070 Office of board—Records available for public inspection. The board of directors shall maintain an office where all records, vouchers and other important papers belonging to the board may be preserved. Such records, vouchers, and other important papers at all reasonable times shall be available for public inspection. The regular meetings shall be held within the district boundaries. [1989 c 232 § 1; 1969 ex.s. c 223 § 28A.59.100. Prior: 1909 c 97 p 291 § 10; RRS § 4799; prior: 1897 c 118 § 87; 1890 p 389 § 14. Formerly RCW 28A.59.100, 28.62.100.] 28A.330.080 28A.330.080 Payment of claims—Signing of warrants. Moneys of such school districts shall be paid out only upon orders for warrants signed by the president, or a majority of the board of directors and countersigned by the secretary: PROVIDED, That when, in the judgment of the board of directors, the orders for warrants issued by the district monthly shall have reached such numbers that the signing of each warrant by the president personally imposes too great a task on the president, the board of directors, after auditing all payrolls and bills as provided by RCW 28A.330.090, may authorize the issuing of one general certificate to the county treasurer, to be signed by the president, authorizing said treasurer to pay all the warrants specified by date, number, name and amount, and the funds on which said warrants shall be drawn; thereupon the secretary of said board shall be authorized to draw and sign said orders for warrants. [1990 c 33 § 346; 1969 ex.s. c 223 § 28A.59.110. Prior: 1909 c 97 p 292 § 11; RRS § 4800. Formerly RCW 28A.59.110, 28.62.110.] 28A.330.090 28A.330.050 Duties of superintendent as secretary of the board. In addition to the duties as prescribed in RCW 28A.400.030, the school district superintendent, as secretary of the board, may be authorized by the board to act as business manager, purchasing agent, and/or superintendent of buildings and janitors, and charged with the special care of school buildings and other property of the district, and he or she shall perform other duties as the board may direct. [1990 c 33 § 344; 1969 ex.s. c 223 § 28A.59.070. Prior: 1919 c 90 § 8; 1909 c 97 p 291 § 7; RRS § 4796. Formerly RCW 28A.59.070, 28.62.070.] 28A.330.050 28A.330.060 Superintendent’s bond and oath. Before entering upon the discharge of the superintendent’s duties, the superintendent as secretary of the board shall give bond in such sum as the board of directors may fix from time to time, but for not less than five thousand dollars, with good and sufficient sureties, and shall take and subscribe an oath or 28A.330.060 (2008 Ed.) 28A.330.090 Auditing committee and expenditures. All accounts shall be audited by a committee of board members chosen in such manner as the board so determines to be styled the "auditing committee," and, except as otherwise provided by law, no expenditure greater than three hundred dollars shall be voted by the board except in accordance with a written contract, nor shall any money or appropriation be paid out of the school fund except on a recorded affirmative vote of a majority of all members of the board: PROVIDED, That nothing herein shall be construed to prevent the board from making any repairs or improvements to the property of the district through their shop and repair department as otherwise provided in RCW 28A.335.190. [1990 c 33 § 347; 1983 c 56 § 9; 1975 1st ex.s. c 275 § 118; 1971 c 48 § 34; 1969 ex.s. c 223 § 28A.59.150. Prior: 1909 c 97 p 292 § 14; RRS § 4803. Formerly RCW 28A.59.150, 28.62.150, 28.62.160.] Severability—1983 c 56: See note following RCW 28A.195.010. Severability—1971 c 48: See note following RCW 28A.310.250. [Title 28A RCW—page 141] 28A.330.100 Title 28A RCW: Common School Provisions 28A.330.100 Additional powers of board. Every board of directors of a school district of the first class, in addition to the general powers for directors enumerated in this title, shall have the power: (1) To employ for a term of not exceeding three years a superintendent of schools of the district, and for cause to dismiss him or her, and to fix his or her duties and compensation; (2) To employ, and for cause dismiss one or more assistant superintendents and to define their duties and fix their compensation; (3) To employ a business manager, attorneys, architects, inspectors of construction, superintendents of buildings and a superintendent of supplies, all of whom shall serve at the board’s pleasure, and to prescribe their duties and fix their compensation; (4) To employ, and for cause dismiss, supervisors of instruction and to define their duties and fix their compensation; (5) To prescribe a course of study and a program of exercises which shall be consistent with the course of study prepared by the superintendent of public instruction for the use of the common schools of this state; (6) To, in addition to the minimum requirements imposed by this title establish and maintain such grades and departments, including night, high, kindergarten, vocational training and, except as otherwise provided by law, industrial schools, and schools and departments for the education and training of any class or classes of youth with disabilities, as in the judgment of the board, best shall promote the interests of education in the district; (7) To determine the length of time over and above one hundred eighty days that school shall be maintained: PROVIDED, That for purposes of apportionment no district shall be credited with more than one hundred and eighty-three days’ attendance in any school year; and to fix the time for annual opening and closing of schools and for the daily dismissal of pupils before the regular time for closing schools; (8) To maintain a shop and repair department, and to employ, and for cause dismiss, a foreman and the necessary help for the maintenance and conduct thereof; (9) To provide free textbooks and supplies for all children attending school; (10) To require of the officers or employees of the district to give a bond for the honest performance of their duties in such penal sum as may be fixed by the board with good and sufficient surety, and to cause the premium for all bonds required of all such officers or employees to be paid by the district: PROVIDED, That the board may, by written policy, allow that such bonds may include a deductible proviso not to exceed two percent of the officer’s or employee’s annual salary; (11) To prohibit all secret fraternities and sororities among the students in any of the schools of the said districts; and (12) To appoint a practicing physician, resident of the school district, who shall be known as the school district medical inspector, and whose duty it shall be to decide for the board of directors all questions of sanitation and health affecting the safety and welfare of the public schools of the district who shall serve at the board’s pleasure: PROVIDED, 28A.330.100 [Title 28A RCW—page 142] That children shall not be required to submit to vaccination against the will of their parents or guardian. [2006 c 263 § 417. Prior: 1995 c 335 § 503; 1995 c 77 § 22; 1991 c 116 § 17; 1990 c 33 § 348; 1983 c 2 § 7; prior: 1982 c 191 § 11; 1982 c 158 § 6; 1969 ex.s. c 223 § 28A.59.180; prior: 1919 c 90 § 9; 1909 c 97 p 293 § 16; RRS § 4805. Formerly RCW 28A.59.180, 28.62.180, 28.31.070.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360. Severability—1983 c 2: See note following RCW 18.71.030. Severability—1982 c 191: See note following RCW 28A.335.210. Severability—1982 c 158: See note following RCW 28A.150.220. 28A.330.110 Insurance reserve—Funds. School districts of the first class, when in the judgment of the board of directors it be deemed expedient, shall have power to create and maintain an insurance reserve for said districts, to be used to meet losses specified by the board of directors of the school districts. Funds required for maintenance of such an insurance reserve shall be budgeted and allowed as are other moneys required for the support of the school district. [1983 c 59 § 16; 1982 c 191 § 12; 1969 ex.s. c 223 § 28A.59.185. Prior: (i) 1911 c 79 § 1; RRS § 4707. Formerly RCW 28.59.010. (ii) 1911 c 79 § 2; RRS § 4708. Formerly RCW 28.59.020. (iii) 1941 c 187 § 1; 1911 c 79 § 3; Rem. Supp. 1941 § 4709. Formerly RCW 28A.59.185, 28.59.030.] 28A.330.110 Application—Effective date—Severability—1983 c 59: See notes following RCW 28A.505.010. Severability—1982 c 191: See note following RCW 28A.335.210. PROVISIONS APPLICABLE ONLY TO SECOND-CLASS DISTRICTS 28A.330.200 Organization of board—Assumption of superintendent’s duties by board member, when. The term of office of directors of districts of the second class shall begin, and the board shall organize, as provided in *RCW 28A.315.500. At the first meeting of the members of the board they shall elect a chair from among their number who shall serve for a term of one year or until his or her successor is elected. The school district superintendent as defined in RCW 28A.150.080 shall serve as secretary to the board. Whenever a district shall be without the services of such a superintendent and the business of the district necessitates action thereby, the board shall appoint any member thereof to carry out the superintendent’s powers and duties for the district. [1990 c 33 § 349; 1988 c 187 § 2; 1975 c 43 § 14; 1969 ex.s. c 223 § 28A.60.010. Prior: 1953 c 111 § 1; prior: (i) 1909 c 97 p 298 § 5; RRS § 4815. (ii) 1909 c 97 p 301 § 5; RRS § 4827. Formerly RCW 28A.60.010, 28.63.010.] 28A.330.200 *Reviser’s note: RCW 28A.315.500 was recodified as RCW 28A.343.360 pursuant to 1999 c 315 § 804. Effective date—Severability—1975 c 43: See notes following RCW 28A.535.050. 28A.330.210 Notice to ESD superintendent of change of chairman or superintendent. Every school district superintendent in districts of the second class shall within ten 28A.330.210 (2008 Ed.) School Districts’ Property days after any change in the office of chair or superintendent, notify the educational service district superintendent of such change. [1990 c 33 § 350; 1975-’76 2nd ex.s. c 15 § 11. Prior: 1975 1st ex.s. c 275 § 119; 1975 c 43 § 15; 1971 c 48 § 35; 1969 ex.s. c 223 § 28A.60.070; prior: 1909 c 97 p 304 § 1; RRS § 4841; prior: 1903 c 104 § 19. Formerly RCW 28A.60.070, 28.63.070.] Effective date—Severability—1975 c 43: See notes following RCW 28A.535.050. Severability—1971 c 48: See note following RCW 28A.310.250. 28A.330.220 28A.330.220 Attorney may be employed. The board of directors of every second-class district in addition to their other powers are authorized to employ an attorney and to prescribe the attorney’s duties and fix the attorney’s compensation. [1990 c 33 § 351; 1975 c 43 § 19; 1971 c 8 § 5. Prior: 1967 c 220 § 1. Formerly RCW 28A.60.310, 28.63.340.] Effective date—Severability—1975 c 43: See notes following RCW 28A.535.050. Severability—1971 c 8: See note following RCW 28A.320.310. 28A.330.230 28A.330.230 Drawing and issuance of warrants. Second-class school districts, subject to the approval of the superintendent of public instruction, may draw and issue warrants for the payment of moneys upon approval of a majority of the board of directors, such warrants to be signed by the chair of the board and countersigned by the secretary: PROVIDED, That when, in the judgment of the board of directors, the orders for warrants issued by the district monthly shall have reached such numbers that the signing of each warrant by the chair of the board personally imposes too great a task on the chair, the board of directors, after auditing all payrolls and bills, may authorize the issuing of one general certificate to the county treasurer, to be signed by the chair of the board, authorizing said treasurer to pay all the warrants specified by date, number, name and amount, and the funds on which said warrants shall be drawn; thereupon the secretary of said board shall be authorized to draw and sign said orders for warrants. [1990 c 33 § 352; 1983 c 56 § 10; 1975 c 43 § 21; 1973 c 111 § 1. Formerly RCW 28A.60.328.] Severability—1983 c 56: See note following RCW 28A.195.010. Effective date—Severability—1975 c 43: See notes following RCW 28A.535.050. Severability—1973 c 111: "If any provision of this 1973 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1973 c 111 § 6.] 28A.330.240 28A.330.240 Employment contracts. The board of directors of each second-class school district shall adopt a written policy governing procedures for the letting of any employment contract authorized under RCW 42.23.030. This policy shall include provisions to ensure fairness and the appearance of fairness in all matters pertaining to employment contracts so authorized. [1989 c 263 § 2. Formerly RCW 28A.60.360.] Severability—1989 c 263: See note following RCW 42.23.030. (2008 Ed.) Chapter 28A.335 Chapter 28A.335 Chapter 28A.335 RCW SCHOOL DISTRICTS’ PROPERTY Sections 28A.335.010 School buildings, maintenance, furnishing and insuring. 28A.335.020 School closures—Policy of citizen involvement required— Summary of effects—Hearings—Notice. 28A.335.030 Emergency school closures exempt from RCW 28A.335.020. 28A.335.040 Surplus school property, rental, lease, or use of—Authorized—Limitations. 28A.335.050 Surplus school property, rental, lease or use of—Joint use— Compensation—Conditions generally. 28A.335.060 Surplus school property—Rental, lease or use of—Disposition of moneys received from. 28A.335.070 Surplus school property, rental, lease or use of—Existing contracts not impaired. 28A.335.080 Surplus school property, rental, lease or use of—Community use not impaired. 28A.335.090 Conveyance and acquisition of property—Management— Appraisal. 28A.335.100 School district associations’ right to mortgage or convey money security interest in association property—Limitations. 28A.335.110 Real property—Annexation to city or town. 28A.335.120 Real property—Sale—Notice and hearing—Appraisal— Broker or real estate appraiser services—Real estate sales contracts—Limitation. 28A.335.130 Real property—Sale—Use of proceeds. 28A.335.140 Expenditure of funds on county, city building authorized— Conditions. 28A.335.150 Permitting use and rental of playgrounds, athletic fields or athletic facilities. 28A.335.155 Use of buildings for youth programs—Limited immunity. 28A.335.160 Joint educational facilities—Rules. 28A.335.170 Contracts to lease building space and portable buildings, rent or have maintained security systems, computers, and other equipment, and provide pupil transportation services. 28A.335.180 Surplus texts and other educational aids, notice of availability—Student priority as to texts. 28A.335.190 Advertising for bids—Competitive bid procedures—Purchases from inmate work programs—Telephone or written quotation solicitation, limitations—Emergencies. 28A.335.200 Conditional sales contracts for acquisition of property or property rights. 28A.335.205 Assistive devices—Transfer for benefit of children with disabilities—Record, inventory. 28A.335.210 Purchase of works of art—Procedure. 28A.335.220 Eminent domain. 28A.335.230 Vacant school plant facilities—Lease by contiguous district, when required—Eligibility for matching funds. 28A.335.240 Schoolhouses, teachers’ cottages—Purchase of realty for district purposes. 28A.335.250 School property used for public purposes. 28A.335.260 School property used for public purposes—Community buildings. 28A.335.270 School property used for public purposes—Special state commission to pass on plans. 28A.335.280 School property used for public purposes—Limit on expenditures. 28A.335.290 Housing for superintendent—Authorized—Limitation. 28A.335.300 Playground matting. 28A.335.320 Enhanced 911 service—Common and public school service required. 28A.335.330 Chapter not applicable to certain transfers of property. Chapter not to apply to certain materials printed in school districts: RCW 82.04.600. Contracts with community service organizations for public improvements: RCW 35.21.278. Determination if lands purchased or leased by school districts are used as school sites—Reversion: RCW 79.17.140. Dissolution of inactive port districts, assets to school districts: RCW 53.47.040. Interlocal cooperation act: Chapter 39.34 RCW. School districts, purchase of leased lands with improvements: RCW 79.17.110 through 79.17.130. Subcontractors to be identified by bidder, when: RCW 39.30.060. [Title 28A RCW—page 143] 28A.335.010 Title 28A RCW: Common School Provisions 28A.335.010 School buildings, maintenance, furnishing and insuring. Every board of directors, unless otherwise specifically provided by law, shall: (1) Cause all school buildings to be properly heated, lighted and ventilated and maintained in a clean and sanitary condition; and (2) Maintain and repair, furnish and insure such school buildings. [1969 ex.s. c 223 § 28A.58.102. Prior: 1969 c 53 § 1, part; 1967 ex.s. c 29 § 1, part; 1967 c 12 § 1, part; 1965 ex.s. c 49 § 1, part; 1963 c 104 § 1, part; 1963 c 5 § 1, part; 1961 c 305 § 1, part; 1961 c 237 § 1, part; 1961 c 66 § 1, part; 1 9 5 5 c 6 8 § 2 , p a r t. F o r m e r l y R C W 2 8 A . 5 8 . 1 0 2 , 28.58.100(3), part, and (4) part.] 28A.335.010 Energy audits and energy capital improvements: RCW 28A.320.330. 28A.335.020 School closures—Policy of citizen involvement required—Summary of effects—Hearings— Notice. Before any school closure, a school district board of directors shall adopt a policy regarding school closures which provides for citizen involvement before the school district board of directors considers the closure of any school for instructional purposes. The policy adopted shall include provisions for the development of a written summary containing an analysis as to the effects of the proposed school closure. The policy shall also include a requirement that during the ninety days before a school district’s final decision upon any school closure, the school board of directors shall conduct hearings to receive testimony from the public on any issues related to the closure of any school for instructional purposes. The policy shall require separate hearings for each school which is proposed to be closed. The policy adopted shall provide for reasonable notice to the residents affected by the proposed school closure. At a minimum, the notice of any hearing pertaining to a proposed school closure shall contain the date, time, place, and purpose of the hearing. Notice of each hearing shall be published once each week for two consecutive weeks in a newspaper of general circulation in the area where the school, subject to closure, is located. The last notice of hearing shall be published not later than seven days immediately before the final hearing. [1983 c 109 § 2. Formerly RCW 28A.58.031.] 28A.335.020 Application of RCW 43.21C.030(2)(c) to school closures: RCW 43.21C.038. 28A.335.030 Emergency school closures exempt from RCW 28A.335.020. A school district may close a school for emergency reasons, as set forth in RCW 28A.150.290(2) (a) and (b), without complying with the requirements of RCW 28A.335.020. [1990 c 33 § 353; 1983 c 109 § 3. Formerly RCW 28A.58.032.] 28A.335.030 28A.335.040 Surplus school property, rental, lease, or use of—Authorized—Limitations. (1) Every school district board of directors is authorized to permit the rental, lease, or occasional use of all or any portion of any surplus real property owned or lawfully held by the district to any person, corporation, or government entity for profit or nonprofit, commercial or noncommercial purposes: PROVIDED, That the leasing or renting or use of such property is for a lawful purpose and does not interfere with conduct of the district’s educational program and related activities: 28A.335.040 [Title 28A RCW—page 144] PROVIDED FURTHER, That the lease or rental agreement entered into shall include provisions which permit the recapture of the leased or rented surplus property of the district should such property be needed for school purposes in the future except in such cases where, due to proximity to an international airport, land use has been so permanently altered as to preclude the possible use of the property for a school housing students and the school property has been heavily impacted by surrounding land uses so that a school housing students would no longer be appropriate in that area. (2) Authorization to rent, lease or permit the occasional use of surplus school property under this section, RCW 28A.335.050 and 28A.335.090 is conditioned on the establishment by each school district board of directors of a policy governing the use of surplus school property. (3) The board of directors of any school district desiring to rent or lease any surplus real property owned by the school district shall publish a written notice in a newspaper of general circulation in the school district for rentals or leases totalling ten thousand dollars or more in value. School districts shall not rent or lease the property for at least forty-five days following the publication of the newspaper notice. (4) Private schools shall have the same rights as any other person or entity to submit bids for the rental or lease of surplus real property and to have such bids considered along with all other bids: PROVIDED, That the school board may establish reasonable conditions for the use of such real property to assure the safe and proper operation of the property in a manner consistent with board policies. [1991 c 116 § 12. Prior: 1990 c 96 § 1; 1990 c 33 § 354; 1981 c 306 § 2; 1980 c 115 § 2. Formerly RCW 28A.58.033.] Severability—1981 c 306: See note following RCW 28A.335.180. Severability—1980 c 115: See note following RCW 28A.335.090. 28A.335.050 Surplus school property, rental, lease or use of—Joint use—Compensation—Conditions generally. (1) Authorization to rent, lease, or permit the occasional use of surplus school property under RCW 28A.335.040 may include the joint use of school district property, which is in part used for school purposes, by any combination of persons, corporations or government entities for other than common school purposes: PROVIDED, That any such joint use shall comply with existing local zoning ordinances. (2) Authorization to rent, lease, or permit the occasional use of surplus school property under RCW 28A.335.040 shall be conditioned on the payment by all users, lessees or tenants, assessed on a basis that is nondiscriminatory within classes of users, of such reasonable compensation and under such terms as regulations adopted by the board of directors shall provide. (3) Nothing in RCW 28A.335.040 and 28A.335.090 shall prohibit a school board of directors and a lessee or tenant from agreeing to conditions to the lease otherwise lawful, including conditions of reimbursement or partial reimbursement of costs associated with the lease or rental of the property. [1990 c 33 § 355; 1980 c 115 § 3. Formerly RCW 28A.58.034.] 28A.335.050 Severability—1980 c 115: See note following RCW 28A.335.090. 28A.335.060 Surplus school property—Rental, lease or use of—Disposition of moneys received from. Each 28A.335.060 (2008 Ed.) School Districts’ Property school district’s board of directors shall deposit moneys derived from the lease, rental, or occasional use of surplus school property as follows: (1) Moneys derived from real property shall be deposited into the district’s debt service fund and/or capital projects fund, except for: (a) Moneys required to be expended for general maintenance, utility, insurance costs, and any other costs associated with the lease or rental of such property, which moneys shall be deposited in the district’s general fund; or (b) At the option of the board of directors, after evaluating the sufficiency of the school district’s capital projects fund for purposes of meeting demands for new construction and improvements, moneys derived from the lease or rental of real property may be deposited into the district’s general fund to be used exclusively for nonrecurring costs related to operating school facilities, including but not limited to expenses for maintenance; (2) Moneys derived from pupil transportation vehicles shall be deposited in the district’s transportation vehicle fund; (3) Moneys derived from other personal property shall be deposited in the district’s general fund. [2004 c 45 § 1; 1989 c 86 § 2; 1983 c 59 § 15; 1982 c 191 § 4; 1981 c 250 § 4; 1980 c 115 § 4. Formerly RCW 28A.58.035.] Application—Effective date—Severability—1983 c 59: See notes following RCW 28A.505.010. Effective date—1982 c 191 §§ 3 and 4: See note following RCW 28A.335.170. Severability—1982 c 191: See note following RCW 28A.335.210. Effective date—1981 c 250: "The effective date of this amendatory act shall be September 1, 1981." [1981 c 250 § 5.] 28A.335.110 said board shall have power, subject to RCW 28A.335.120, in the name of the district, to convey by deed all the interest of their district in or to any real property of the district which is no longer required for school purposes. Except as otherwise specially provided by law, and RCW 28A.335.120, the board of directors of each school district may purchase, lease, receive and hold real and personal property in the name of the district, and rent, lease or sell the same, and all conveyances of real estate made to the district shall vest title in the district. (2) Any purchase of real property by a school district shall be preceded by a market value appraisal by a professionally designated real estate appraiser as defined in RCW 74.46.020 or by a general real estate appraiser certified under chapter 18.140 RCW who was selected by the board of directors. [2001 c 183 § 1; 1995 c 358 § 1; 1990 c 33 § 358; 1981 c 306 § 3; 1980 c 115 § 1; 1969 ex.s. c 223 § 28A.58.040. Prior: (i) 1947 c 266 § 6, part; Rem. Supp. 1947 § 4693-25, part; prior: 1909 p 265 § 2, part. Formerly RCW 28.57.135, part. (ii) 1969 c 53 § 1, part; 1967 ex.s. c 29 § 1, part; 1967 c 12 § 1, part; 1965 ex.s. c 49 § 1, part; 1963 c 104 § 1, part; 1963 c 5 § 1, part; 1961 c 305 § 1, part; 1961 c 237 § 1, part; 1961 c 66 § 1, part; 1955 c 68 § 2, part. Formerly RCW 28.58.100(3) and (5), part. (iii) 1909 c 97 p 287 § 7, part; RRS § 4782, part; prior: 1897 c 118 § 44, part; 1891 c 127 § 11, part; 1890 p 366 § 30, part. Formerly RCW 28A.58.040, 28.58.040.] Severability—1981 c 306: See note following RCW 28A.335.180. Severability—1980 c 115: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1980 c 115 § 9.] Severability—1980 c 115: See note following RCW 28A.335.090. School funds enumerated—Deposits—Uses: RCW 28A.320.330. 28A.335.070 Surplus school property, rental, lease or use of—Existing contracts not impaired. The provisions of contracts for the use, rental or lease of school district real property executed prior to June 12, 1980, which were lawful at the time of execution shall not be impaired by such new terms and conditions to the rental, lease or occasional use of school property as may now be established by RCW 28A.335.040, 28A.335.050, and 28A.335.090. [1990 c 33 § 356; 1980 c 115 § 5. Formerly RCW 28A.58.036.] 28A.335.070 Severability—1980 c 115: See note following RCW 28A.335.090. 28A.335.080 Surplus school property, rental, lease or use of—Community use not impaired. Nothing in RCW 28A.335.040 through 28A.335.070 shall preclude school district boards of directors from making available school property for community use in accordance with the provisions of RCW 28A.335.150, 28A.320.510, or 28A.335.250, and school district administrative policy governing such use. [1990 c 33 § 357; 1980 c 115 § 6. Formerly RCW 28A.58.037.] 28A.335.080 Severability—1980 c 115: See note following RCW 28A.335.090. 28A.335.090 Conveyance and acquisition of property—Management—Appraisal. (1) The board of directors of each school district shall have exclusive control of all school property, real or personal, belonging to the district; 28A.335.090 (2008 Ed.) 28A.335.100 28A.335.100 School district associations’ right to mortgage or convey money security interest in association property—Limitations. Any association established by school districts pursuant to the interlocal cooperation act, chapter 39.34 RCW for the purpose of jointly and cooperatively purchasing school supplies, materials and equipment, if otherwise authorized for school district purposes to purchase personal or real property, is authorized to mortgage, or convey a purchase money security interest in real or personal property of such association of every kind, character or description whatsoever, or any interest in such personal or real property: PROVIDED, That any such association shall be prohibited from causing any creditor of the association to acquire any rights against the property, properties or assets of any of its constituent school districts and any creditor of such association shall be entitled to look for payment of any obligation incurred by such association solely to the assets and properties of such association. [2006 c 263 § 912; 1975-’76 2nd ex.s. c 23 § 1. Formerly RCW 28A.58.0401.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.335.110 28A.335.110 Real property—Annexation to city or town. In addition to other powers and duties as provided by law, every board of directors, if seeking to have school property annexed to a city or town and if such school property constitutes the whole of such property in the annexation petition, shall be allowed to petition therefor under RCW [Title 28A RCW—page 145] 28A.335.120 Title 28A RCW: Common School Provisions 35.13.125 and 35.13.130. [1971 c 69 § 3. Formerly RCW 28A.58.044.] Severability—1971 c 69: See note following RCW 35.13.125. 28A.335.120 Real property—Sale—Notice and hearing—Appraisal—Broker or real estate appraiser services—Real estate sales contracts—Limitation. (1) The board of directors of any school district of this state may: (a) Sell for cash, at public or private sale, and convey by deed all interest of the district in or to any of the real property of the district which is no longer required for school purposes; and (b) Purchase real property for the purpose of locating thereon and affixing thereto any house or houses and appurtenant buildings removed from school sites owned by the district and sell for cash, at public or private sale, and convey by deed all interest of the district in or to such acquired and improved real property. (2) When the board of directors of any school district proposes a sale of school district real property pursuant to this section and the value of the property exceeds seventy thousand dollars, the board shall publish a notice of its intention to sell the property. The notice shall be published at least once each week during two consecutive weeks in a legal newspaper with a general circulation in the area in which the school district is located. The notice shall describe the property to be sold and designate the place where and the day and hour when a hearing will be held. The board shall hold a public hearing upon the proposal to dispose of the school district property at the place and the day and hour fixed in the notice and admit evidence offered for and against the propriety and advisability of the proposed sale. (3) The board of directors of any school district desiring to sell surplus real property shall publish a notice in a newspaper of general circulation in the school district. School districts shall not sell the property for at least forty-five days following the publication of the newspaper notice. (4) Private schools shall have the same rights as any other person or entity to submit bids for the purchase of surplus real property and to have such bids considered along with all other bids. (5) Any sale of school district real property authorized pursuant to this section shall be preceded by a market value appraisal by a professionally designated real estate appraiser as defined in RCW 74.46.020 or a general real estate appraiser certified under chapter 18.140 RCW selected by the board of directors and no sale shall take place if the sale price would be less than ninety percent of the appraisal made by the real estate appraiser: PROVIDED, That if the property has been on the market for one year or more the property may be reappraised and sold for not less than seventy-five percent of the reappraised value with the unanimous consent of the board. (6) If in the judgment of the board of directors of any district the sale of real property of the district not needed for school purposes would be facilitated and greater value realized through use of the services of licensed real estate brokers, a contract for such services may be negotiated and concluded: PROVIDED, That the use of a licensed real estate broker will not eliminate the obligation of the board of direc28A.335.120 [Title 28A RCW—page 146] tors to provide the notice described in this section: PROVIDED FURTHER, That the fee or commissions charged for any broker services shall not exceed seven percent of the resulting sale value for a single parcel: PROVIDED FURTHER, That any professionally designated real estate appraiser as defined in RCW 74.46.020 or a general real estate appraiser certified under chapter 18.140 RCW selected by the board to appraise the market value of a parcel of property to be sold may not be a party to any contract with the school district to sell such parcel of property for a period of three years after the appraisal. (7) If in the judgment of the board of directors of any district the sale of real property of the district not needed for school purposes would be facilitated and greater value realized through sale on contract terms, a real estate sales contract may be executed between the district and buyer. [2006 c 263 § 913; 2001 c 183 § 2; 1995 c 358 § 2; 1991 c 116 § 13; 1984 c 103 § 1; 1981 c 306 § 4; 1979 ex.s. c 16 § 1; 1975 1st ex.s. c 243 § 1; 1969 ex.s. c 223 § 28A.58.045. Prior: 1963 c 67 § 1; 1953 c 225 § 1. Formerly RCW 28A.58.045, 28.58.045.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Severability—1981 c 306: See note following RCW 28A.335.180. 28A.335.130 Real property—Sale—Use of proceeds. Except as provided in RCW 28A.335.240(1), the proceeds from any sale of school district real property by a board of directors shall be deposited to the debt service fund and/or the capital projects fund, except for amounts required to be expended for the costs associated with the sale of such property, which moneys may be deposited into the fund from which the expenditure was incurred. [2004 c 6 § 2; 1983 c 59 § 14; 1981 c 250 § 3; 1975-’76 2nd ex.s. c 80 § 1; 1975 1st ex.s. c 243 § 2. Formerly RCW 28A.58.0461.] 28A.335.130 Application—Effective date—Severability—1983 c 59: See notes following RCW 28A.505.010. Effective date—1981 c 250: See note following RCW 28A.335.060. School funds enumerated—Deposits—Uses: RCW 28A.320.330. 28A.335.140 Expenditure of funds on county, city building authorized—Conditions. Notwithstanding any other provision of law, every school district board of directors may expend local funds held for capital projects or improvements for improvements on any building owned by a city or county in which the district or any part thereof is located if an agreement is entered into with such city or county whereby the school district receives a beneficial use of such building commensurate to the amount of funds expended thereon by the district. [1971 ex.s. c 238 § 3. Formerly RCW 28A.58.047.] 28A.335.140 28A.335.150 Permitting use and rental of playgrounds, athletic fields or athletic facilities. Boards of directors of school districts are hereby authorized to permit the use of, and to rent school playgrounds, athletic fields, or athletic facilities, by, or to, any person or corporation for any athletic contests or athletic purposes. Permission to use and/or rent said school playgrounds, athletic fields, or athletic facilities shall be for such compen28A.335.150 (2008 Ed.) School Districts’ Property sation and under such terms as regulations of the board of directors adopted from time to time so provide. [1969 ex.s. c 223 § 28A.58.048. Prior: (i) 1935 c 99 § 1; Rem. Supp. §4776-1. Formerly RCW 28.58.048. (ii) 1935 c 99 § 2; RRS § 4776-2. Formerly RCW 28A.58.048, 28.58.050.] 28A.335.155 Use of buildings for youth programs— Limited immunity. In order to facilitate school districts permitting the use of school buildings for use by private nonprofit groups operating youth programs, school districts shall have a limited immunity in accordance with RCW 4.24.660. Nothing in RCW 4.24.660, including a school district’s failure to require a private nonprofit group to have liability insurance, broadens the scope of a school district’s liability. [1999 c 316 § 2.] 28A.335.155 Intent—1999 c 316: "The legislature intends to expand the opportunities of children to take advantage of services of private nonprofit groups by encouraging the groups’ use of public school district facilities to provide programs to serve youth in the facilities. The legislature intends the very limited grant of immunity provided in this act to encourage such use, but only under the circumstances set forth in this act." [1999 c 316 § 1.] Effective date—1999 c 316: "This act takes effect January 1, 2000." [1999 c 316 § 4.] 28A.335.160 Joint educational facilities—Rules. Any school district may cooperate with one or more school districts in the joint financing, planning, construction, equipping and operating of any educational facility otherwise authorized by law: PROVIDED, That any cooperative financing plan involving the construction of school plant facilities must be approved by the superintendent of public instruction, considering policy recommendations from the school facilities citizen advisory panel under RCW 28A.525.025, pursuant to such rules adopted relating to state approval of school construction. [2006 c 263 § 323; 1995 c 335 § 604; 1990 c 33 § 359; 1969 c 130 § 12. Formerly RCW 28A.58.075.] 28A.335.160 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360. Conditional sales contracts for acquisition of property or property rights: RCW 28A.335.200. Education of children with disabilities: RCW 28A.155.040. 28A.335.170 Contracts to lease building space and portable buildings, rent or have maintained security systems, computers, and other equipment, and provide pupil transportation services. The board of directors of any school district may enter into contracts for their respective districts with public and private persons, organizations, and entities for the following purposes: (1) To rent or lease building space and portable buildings for periods not exceeding ten years in duration; (2) To rent security systems, computers, and other equipment or to have maintained and repaired security systems, computers, and other equipment for periods not exceeding five years in duration; and (3) To provide pupil transportation services for periods not exceeding five years in duration. No school district may enter into a contract for pupil transportation unless it has notified the superintendent of public instruction that, in the best judgment of the district, the 28A.335.170 (2008 Ed.) 28A.335.180 cost of contracting will not exceed the projected cost of operating its own pupil transportation. The budget of each school district shall identify that portion of each contractual liability incurred pursuant to this section extending beyond the fiscal year by amount, duration, and nature of the contracted service and/or item in accordance with rules and regulations of the superintendent of public instruction adopted pursuant to RCW 28A.505.140 and 28A.310.330. The provisions of this section shall not have any effect on the length of contracts for school district employees specified by RCW 28A.400.300 and 28A.405.210. [1999 c 386 § 1; 1990 c 33 § 360; 1987 c 141 § 1; 1985 c 7 § 93; 1982 c 191 § 3; 1977 ex.s. c 210 § 1. Formerly RCW 28A.58.131.] Severability—1987 c 141: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1987 c 141 § 3.] Effective date—1982 c 191 §§ 3 and 4: "The effective date of sections 3 and 4 of this amendatory act shall be September 1, 1982." [1982 c 191 § 13.] Severability—1982 c 191: See note following RCW 28A.335.210. Severability—1977 ex.s. c 210: "If any provision of this 1977 act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1977 ex.s. c 210 § 3.] 28A.335.180 Surplus texts and other educational aids, notice of availability—Student priority as to texts. (1) Notwithstanding any other provision of law, school districts, educational service districts, or any other state or local governmental agency concerned with education, when declaring texts and other books, equipment, materials or relocatable facilities as surplus, shall, prior to other disposal thereof, serve notice in writing in a newspaper of general circulation in the school district and to any public school district or private school in Washington state annually requesting such a notice, that the same is available for sale, rent, or lease to public school districts or approved private schools, at depreciated cost or fair market value, whichever is greater: PROVIDED, That students wishing to purchase texts pursuant to RCW 28A.320.230(2) shall have priority as to such texts. The notice requirement in this section does not apply to the sale or transfer of assistive devices under RCW 28A.335.205 or chapter 72.40 RCW. Such districts or agencies shall not otherwise sell, rent or lease such surplus property to any person, firm, organization, or nongovernmental agency for at least thirty days following publication of notice in a newspaper of general circulation in the school district. (2) In lieu of complying with subsection (1) of this section, school districts and educational service districts may elect to grant surplus personal property to a federal, state, or local governmental entity, or to indigent persons, at no cost on the condition the property be used for preschool through twelfth grade educational purposes, or elect to loan surplus personal property to a nonreligious, nonsectarian private entity on the condition the property be used for the preschool through twelfth grade education of members of the public on a nondiscriminatory basis. [1997 c 264 § 1; 1997 c 104 § 1; 1991 c 116 § 1; 1990 c 33 § 361; 1981 c 306 § 1; 1977 ex.s. c 303 § 1. Formerly RCW 28A.02.110.] 28A.335.180 [Title 28A RCW—page 147] 28A.335.190 Title 28A RCW: Common School Provisions Reviser’s note: This section was amended by 1997 c 104 § 1 and by 1997 c 264 § 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Severability—1981 c 306: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1981 c 306 § 5.] Disposal of obsolete or surplus reading materials by school districts and libraries: RCW 39.33.070. 28A.335.190 Advertising for bids—Competitive bid procedures—Purchases from inmate work programs— Telephone or written quotation solicitation, limitations— Emergencies. (1) When, in the opinion of the board of directors of any school district, the cost of any furniture, supplies, equipment, building, improvements, or repairs, or other work or purchases, except books, will equal or exceed the sum of fifty thousand dollars, complete plans and specifications for such work or purchases shall be prepared and notice by publication given in at least one newspaper of general circulation within the district, once each week for two consecutive weeks, of the intention to receive bids and that specifications and other information may be examined at the office of the board or any other officially designated location: PROVIDED, That the board without giving such notice may make improvements or repairs to the property of the district through the shop and repair department of such district when the total of such improvements or repair does not exceed the sum of forty thousand dollars. The cost of any public work, improvement or repair for the purposes of this section shall be the aggregate of all amounts to be paid for labor, material, and equipment on one continuous or interrelated project where work is to be performed simultaneously or in close sequence. The bids shall be in writing and shall be opened and read in public on the date and in the place named in the notice and after being opened shall be filed for public inspection. (2) Every purchase of furniture, equipment or supplies, except books, the cost of which is estimated to be in excess of forty thousand dollars, shall be on a competitive basis. The board of directors shall establish a procedure for securing telephone and/or written quotations for such purchases. Whenever the estimated cost is from forty thousand dollars up to seventy-five thousand dollars, the procedure shall require quotations from at least three different sources to be obtained in writing or by telephone, and recorded for public perusal. Whenever the estimated cost is in excess of seventyfive thousand dollars, the public bidding process provided in subsection (1) of this section shall be followed. (3) Any school district may purchase goods produced or provided in whole or in part from class II inmate work programs operated by the department of corrections pursuant to RCW 72.09.100, including but not limited to furniture, equipment, or supplies. School districts are encouraged to set as a target to contract, beginning after June 30, 2006, to purchase up to one percent of the total goods required by the school districts each year, goods produced or provided in whole or in part from class II inmate work programs operated by the department of corrections. (4) Every building, improvement, repair or other public works project, the cost of which is estimated to be in excess 28A.335.190 [Title 28A RCW—page 148] of forty thousand dollars, shall be on a competitive bid process. Whenever the estimated cost of a public works project is one hundred thousand dollars or more, the public bidding process provided in subsection (1) of this section shall be followed unless the contract is let using the small works roster process in RCW 39.04.155 or under any other procedure authorized for school districts. One or more school districts may authorize an educational service district to establish and operate a small works roster for the school district under the provisions of RCW 39.04.155. (5) The contract for the work or purchase shall be awarded to the lowest responsible bidder as defined in RCW 43.19.1911 but the board may by resolution reject any and all bids and make further calls for bids in the same manner as the original call. On any work or purchase the board shall provide bidding information to any qualified bidder or the bidder’s agent, requesting it in person. (6) In the event of any emergency when the public interest or property of the district would suffer material injury or damage by delay, upon resolution of the board declaring the existence of such an emergency and reciting the facts constituting the same, the board may waive the requirements of this section with reference to any purchase or contract: PROVIDED, That an "emergency," for the purposes of this section, means a condition likely to result in immediate physical injury to persons or to property of the school district in the absence of prompt remedial action. (7) This section does not apply to the direct purchase of school buses by school districts and educational services in accordance with RCW 28A.160.195. (8) This section does not apply to the purchase of Washington grown food. (9) At the discretion of the board, a school district may develop and implement policies and procedures to facilitate and maximize to the extent practicable, purchases of Washington grown food including, but not limited to, policies that permit a percentage price preference for the purpose of procuring Washington grown food. (10) As used in this section, "Washington grown" has the definition in RCW 15.64.060. (11) As used in this section, "price percentage preference" means the percent by which a responsive bid from a responsible bidder whose product is a Washington grown food may exceed the lowest responsive bid submitted by a responsible bidder whose product is not a Washington grown food. [2008 c 215 § 6. Prior: 2005 c 346 § 2; 2005 c 286 § 1; 2000 c 138 § 201; 1995 1st sp.s. c 10 § 3; 1994 c 212 § 1; 1990 c 33 § 362; 1985 c 324 § 1; 1980 c 61 § 1; 1975-’76 2nd ex.s. c 26 § 1; 1969 ex.s. c 49 § 2; 1969 ex.s. c 223 § 28A.58.135; prior: 1961 c 224 § 1. Formerly RCW 28A.58.135, 28.58.135.] Findings—Intent—Short title—Captions not law—Conflict with federal requirements—2008 c 215: See notes following RCW 15.64.060. Purpose—Part headings not law—2000 c 138: See notes following RCW 39.04.155. Alternative public works contracting procedures: Chapter 39.10 RCW. 28A.335.200 Conditional sales contracts for acquisition of property or property rights. Any school district may execute an executory conditional sales contract with any other municipal corporation, the state or any of its political 28A.335.200 (2008 Ed.) School Districts’ Property subdivisions, the government of the United States or any private party for the purchase of any real or personal property, or property rights, in connection with the exercise of any powers or duties which they now or hereafter are authorized to exercise, if the entire amount of the purchase price specified in such contract does not result in a total indebtedness in excess of the limitation authorized by chapter 39.36 RCW, as now or hereafter amended, to be incurred without the assent of the voters: PROVIDED, That if such a proposed contract would result in a total indebtedness in excess of the limitation authorized by chapter 39.36 RCW, as now or hereafter amended, to be incurred without the assent of the voters, a proposition in regard to whether or not such a contract may be executed shall be submitted to the voters for approval or rejection in the same manner that bond issues for capital purposes are submitted to the voters: PROVIDED FURTHER, That any school district may jointly with another school district execute contracts authorized by this section. [1970 ex.s. c 42 § 11; 1969 ex.s. c 223 § 28A.58.550. Prior: 1965 c 62 § 1. Formerly RCW 28A.58.550, 28.58.550.] Severability—Effective date—1970 ex.s. c 42: See notes following RCW 39.36.015. Transportation vehicle fund—Deposits in—Use—Rules for establishment and use: RCW 28A.160.130. 28A.335.205 Assistive devices—Transfer for benefit of children with disabilities—Record, inventory. Notwithstanding any other provision of law, the office of the superintendent of public instruction, the Washington state school for the blind, the Washington state school for the deaf, school districts, educational service districts, and all other state or local governmental agencies concerned with education may loan, lease, sell, or transfer assistive devices for the use and benefit of children with disabilities to children with disabilities or their parents or to any other public or private nonprofit agency providing services to or on behalf of individuals with disabilities including but not limited to any agency providing educational, health, or rehabilitation services. The notice requirement in RCW 28A.335.180 does not apply to the loan, lease, sale, or transfer of such assistive devices. The sale or transfer of such devices is authorized under this section regardless of whether or not the devices have been declared surplus. The sale or transfer shall be recorded in an agreement between the parties and based upon the item’s depreciated value. For the purposes of this section, "assistive device" means any item, piece of equipment, or product system, whether acquired commercially off-the-shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of children with disabilities. For the purpose of implementing this section, each educational agency shall establish and maintain an inventory of assistive technology devices in its possession that exceed one hundred dollars and, for each such device, shall establish a value, which shall be adjusted annually to reflect depreciation. This section shall not enhance or diminish the obligation of school districts to provide assistive technology to children with disabilities where needed to achieve a free and appropriate public education and equal opportunity in accessing academic and extracurricular activities. [1997 c 104 § 2.] 28A.335.205 (2008 Ed.) 28A.335.210 28A.335.210 28A.335.210 Purchase of works of art—Procedure. The superintendent of public instruction shall allocate, as a nondeductible item, out of any moneys appropriated for state assistance to school districts for the original construction of any school plant facility the amount of one-half of one percent of the appropriation to be expended by the Washington state arts commission for the acquisition of works of art. The works of art may be placed in accordance with Article IX, sections 2 and 3 of the state Constitution on public lands, integral to or attached to a public building or structure, detached within or outside a public building or structure, part of a portable exhibition or collection, part of a temporary exhibition, or loaned or exhibited in other public facilities. The Washington state arts commission shall, in consultation with the superintendent of public instruction, determine the amount to be made available for the purchase of works of art under this section, and payments therefor shall be made in accordance with law. The designation of projects and sites, selection, contracting, purchase, commissioning, reviewing of design, execution and placement, acceptance, maintenance, and sale, exchange, or disposition of works of art shall be the responsibility of the Washington state arts commission in consultation with the superintendent of public instruction and representatives of school district boards of directors. The superintendent of public instruction and the school district board of directors of the districts where the sites are selected shall have the right to: (1) Waive its use of the one-half of one percent of the appropriation for the acquisition of works of art before the selection process by the Washington state arts commission; (2) Appoint a representative to the body established by the Washington state arts commission to be part of the selection process with full voting rights; (3) Reject the results of the selection process; (4) Reject the placement of a completed work or works of art on school district premises if such works are portable. Rejection at any point before or after the selection process shall not cause the loss of or otherwise endanger state construction funds available to the local school district. Any works of art rejected under this section shall be applied to the provision of works of art under this chapter, at the discretion of the Washington state arts commission, notwithstanding any contract or agreement between the affected school district and the artist involved. In addition to the cost of the works of art the one-half of one percent of the appropriation as provided in this section shall be used to provide for the administration, including conservation of the state art collection, by the Washington state arts commission and all costs for installation of the work of art. For the purpose of this section building shall not include sheds, warehouses, or other buildings of a temporary nature. The executive director of the arts commission, the superintendent of public instruction, and the Washington state school directors association shall appoint a study group to review the operations of the one-half of one percent for works of art under this section. [2006 c 263 § 327; 2005 c 36 § 1; 1983 c 204 § 7; 1982 c 191 § 2; 1974 ex.s. c 176 § 5. Formerly RCW 28A.58.055.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. [Title 28A RCW—page 149] 28A.335.220 Title 28A RCW: Common School Provisions Implementation—1983 c 204 § 7: "Implementation of section 7 of this 1983 act shall become effective upon approval by the arts commission, the superintendent of public instruction and the Washington state school directors association." [1983 c 204 § 10.] "Section 7 of this 1983 act," was the 1983 c 204 amendment to RCW 28A.58.055, now recodified as RCW 28A.335.210. Severability—1983 c 204: See note following RCW 43.46.090. Severability—1982 c 191: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1982 c 191 § 14.] Acquisition of works of art for public buildings and lands—Visual arts program established: RCW 43.46.090. Allocation of moneys for acquisition of works of art—Expenditure by arts commission—Conditions: RCW 43.17.200. Purchase of works of art—Interagency reimbursement for expenditure by visual arts program: RCW 43.17.205. State art collection: RCW 43.46.095. 28A.335.220 28A.335.220 Eminent domain. The board of directors of any school district may proceed to condemn and appropriate not more than fifteen acres of land for any elementary school purpose; not more than twenty-five acres for any junior high school purpose; not more than forty acres for any senior high school purpose; except as otherwise provided by law, not more than seventy-five acres for any vocational technical school purpose; and not more than fifteen acres for any other school district purpose. Such condemnation proceedings shall be in accordance with chapters 8.16 and 8.25 RCW and such other laws of this state providing for appropriating private property for public use by school districts. [1969 ex.s. c 223 § 28A.58.070. Prior: 1963 c 41 § 1; 1957 c 155 § 1; 1949 c 54 § 1; 1909 c 97 p 289 § 13; Rem. Supp. 1949 § 4788. Formerly RCW 28A.58.070, 28.58.070.] 28A.335.230 28A.335.230 Vacant school plant facilities—Lease by contiguous district, when required—Eligibility for matching funds. School districts shall be required to lease for a reasonable fee vacant school plant facilities from a contiguous school district wherever possible. No school district with unhoused students may be eligible for the state matching funds for the construction of school plant facilities if: (1) The school district contiguous to the school district applying for the state matching percentage has vacant school plant facilities; (2) The superintendent of public instruction has determined the vacant school plant facilities available in the contiguous district will fulfill the needs of the applicant district in housing unhoused students. In determining whether the contiguous district school plant facilities meet the needs of the applicant district, consideration shall be given, but not limited to the geographic location of the vacant facilities as they relate to the applicant district; and (3) A lease of the vacant school plant facilities can be negotiated. [2006 c 263 § 328; 1987 c 112 § 1. Formerly RCW 28A.47.105.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Surplus school property: RCW 28A.335.040 through 28A.335.080. [Title 28A RCW—page 150] 28A.335.240 Schoolhouses, teachers’ cottages—Purchase of realty for district purposes. (1) The board of directors of a second-class school district shall build schoolhouses and teachers’ cottages when directed by a vote of the district to do so and may purchase real property for any school district purpose. (2) The board of directors of a second-class nonhigh school district that is totally surrounded by water and serves fewer than forty students also may authorize the construction of teachers’ cottages without a vote of the district using funds from the district’s capital projects fund or general fund. Rental and other income from the cottages, including sale of the cottages, may be deposited, in whole or in part, into the school district’s general fund, debt service fund, or capital projects fund as determined by the board of directors. [2004 c 6 § 1; 1969 ex.s. c 223 § 28A.60.181. Prior: 1963 c 61 § 1; 1959 c 169 § 1. Formerly RCW 28A.60.181, 28.63.181.] 28A.335.240 Borrowing money, issuing bonds, for schoolhouse sites, playgrounds, erecting buildings and equipping same: RCW 28A.530.010. Real property—Sale—Purchase to relocate and sell buildings: RCW 28A.335.120. 28A.335.250 School property used for public purposes. School boards in each district of the second class may provide for the free, comfortable and convenient use of the school property to promote and facilitate frequent meetings and association of the people in discussion, study, improvement, recreation and other community purposes, and may acquire, assemble and house material for the dissemination of information of use and interest to the farm, the home and the community, and facilities for experiment and study, especially in matters pertaining to the growing of crops, the improvement and handling of livestock, the marketing of farm products, the planning and construction of farm buildings, the subjects of household economies, home industries, good roads, and community vocations and industries; and may call meetings for the consideration and discussion of any such matters, employ a special supervisor, or leader, if need be, and provide suitable dwellings and accommodations for teachers, supervisors and necessary assistants. [1975 c 43 § 16; 1969 ex.s. c 223 § 28A.60.190. Prior: 1913 c 129 § 1; RRS § 4837. Formerly RCW 28A.60.190, 28.63.190.] 28A.335.250 Effective date—Severability—1975 c 43: See notes following RCW 28A.535.050. 28A.335.260 28A.335.260 School property used for public purposes—Community buildings. Each school district of the second class, by itself or in combination with any other district or districts, shall have power, when in the judgment of the school board it shall be deemed expedient, to reconstruct, remodel, or build schoolhouses, and to erect, purchase, lease or otherwise acquire other improvements and real and personal property, and establish a communal assembly place and appurtenances, and supply the same with suitable and convenient furnishings and facilities for the uses mentioned in RCW 28A.335.250. [1990 c 33 § 363; 1975 c 43 § 17; 1969 ex.s. c 223 § 28A.60.200. Prior: 1913 c 129 § 2; RRS § 4838. Formerly RCW 28A.60.200, 28.63.200.] Effective date—Severability—1975 c 43: See notes following RCW 28A.535.050. (2008 Ed.) Small High School Cooperative Projects 28A.335.270 School property used for public purposes—Special state commission to pass on plans. Plans of any second-class district or combination of districts for the carrying out of the powers granted by RCW 28A.335.250 through 28A.335.280 shall be submitted to and approved by a board of supervisors composed of members, as follows: The superintendent of public instruction; the head of the extension department of Washington State University; the head of the extension department of the University of Washington; and the educational service district superintendent; these to choose one member from such county in which the facilities are proposed to be located, and two members, from the district or districts concerned. [1990 c 33 § 364; 1975-’76 2nd ex.s. c 15 § 12. Prior: 1975 1st ex.s. c 275 § 121; 1975 c 43 § 18; 1973 1st ex.s. c 154 § 46; 1971 c 48 § 37; 1969 ex.s. c 223 § 28A.60.210; prior: 1913 c 129 § 3; RRS § 4839. Formerly RCW 28A.60.210, 28.63.210.] 28A.335.270 Effective date—Severability—1975 c 43: See notes following RCW 28A.535.050. Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030. Severability—1971 c 48: See note following RCW 28A.310.250. 28A.335.280 School property used for public purposes—Limit on expenditures. No real or personal property or improvements shall be purchased, leased, exchanged, acquired or sold, nor any schoolhouses built, remodeled or removed, nor any indebtedness incurred or money expended for any of the purposes of RCW 28A.335.250 through 28A.335.280 except in the manner otherwise provided by law for the purchase, lease, exchange, acquisition and sale of school property, the building, remodeling and removing of schoolhouses and the incurring of indebtedness and expenditure of money for school purposes. [1990 c 33 § 365; 1969 ex.s. c 223 § 28A.60.220. Prior: 1913 c 129 § 4; RRS § 4840. Formerly RCW 28A.60.220, 28.63.220.] 28A.335.280 28A.335.290 Housing for superintendent—Authorized—Limitation. Notwithstanding any other provision of law, any second-class school district with an enrollment of three hundred students or less may provide housing for the superintendent of the school district, or any person acting in the capacity of superintendent, by such means and with such moneys as the school district shall determine: PROVIDED, That any second-class school district presently providing such housing may continue to provide the same: PROVIDED FURTHER, That if such housing is exempt from real property taxation by virtue of school district ownership, the school district shall charge for such housing, rent at least equal to the amount of real property tax for which such housing would be liable were it not so owned. [1984 c 40 § 10; 1975 1st ex.s. c 41 § 1. Formerly RCW 28A.60.350.] 28A.340.010 Captions not law—1991 c 297: See RCW 43.19A.900. 28A.335.320 Enhanced 911 service—Common and public school service required. By January 1, 1997, or one year after enhanced 911 service becomes available or a private switch automatic location identification service approved by the Washington utilities and transportation commission is available from the serving local exchange telecommunications company, whichever is later, all common and public schools located in counties that provide enhanced 911 service shall provide persons using school facilities direct access to telephones that are connected to the public switched network such that calls to 911 result in automatic location identification for each telephone in a format that is compatible with the existing and planned county enhanced 911 system during all times that the facility is in use. Any school district acquiring a private telecommunications system that allows connection to the public switched network after January 1, 1997, shall assure that the telecommunications system is connected to the public switched network such that calls to 911 result in automatic location identification for each telephone in a format that is compatible with the existing or planned county enhanced 911 system. [1995 c 243 § 4.] 28A.335.320 Reviser’s note: 1995 c 243 directed that this section be added to chapter 28A.150 RCW. This section has been codified in chapter 28A.335 RCW, which relates more directly to school district facilities. Findings—Severability—1995 c 243: See notes following RCW 80.36.555. 28A.335.330 Chapter not applicable to certain transfers of property. This chapter does not apply to transfers of property under *sections 1 and 2 of this act. [2006 c 35 § 6.] 28A.335.330 *Reviser’s note: The reference to "sections 1 and 2 of this act" appears to be erroneous. Reference to "sections 2 and 3 of this act" codified as RCW 43.99C.070 and 43.83D.120 was apparently intended. Findings—2006 c 35: See note following RCW 43.99C.070. 28A.335.290 Severability—1984 c 40: See note following RCW 28A.195.050. 28A.335.300 Playground matting. Every school board of directors shall consider the purchase of playground matting manufactured from shredded waste tires in undertaking construction or maintenance of playgrounds. The department of general administration shall upon request assist in the development of product specifications and vendor identification. [1991 c 297 § 18.] 28A.335.300 (2008 Ed.) Chapter 28A.340 RCW SMALL HIGH SCHOOL COOPERATIVE PROJECTS Chapter 28A.340 Sections 28A.340.010 Increased curriculum programs and opportunities. 28A.340.020 Eligibility—Participation. 28A.340.030 Application—Review by the superintendent of public instruction. 28A.340.040 Adoption of salary schedules—Computation of fringe benefits. 28A.340.060 Rules. 28A.340.070 Allocation of state funds for technical assistance—Contracting with agencies for technical assistance. 28A.340.010 Increased curriculum programs and opportunities. Eligible school districts as defined under RCW 28A.340.020 are encouraged to establish cooperative projects with a primary purpose to increase curriculum programs and opportunities among the participating districts, by expanding the opportunity for students in the participating districts to take vocational and academic courses as may be generally more available in larger school districts, and to enhance student learning. [1990 c 33 § 366; 1988 c 268 § 2. Formerly RCW 28A.100.080.] 28A.340.010 Findings—1988 c 268: "The legislature finds that partnerships among school districts can: Increase curriculum offerings for students, encourage [Title 28A RCW—page 151] 28A.340.020 Title 28A RCW: Common School Provisions creative educational programming and staffing, and result in the cost-effective delivery of educational programs. It is the intent of the legislature to establish a program to facilitate and encourage such partnerships among small school districts." [1988 c 268 § 1.] Severability—1988 c 268: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1988 c 268 § 12.] 28A.340.020 Eligibility—Participation. School districts eligible for funding as a small high school district pursuant to the state operating appropriations act shall be eligible to participate in a cooperative project: PROVIDED, That the superintendent of public instruction may adopt rules permitting second-class school districts that are not eligible for funding as a small high school district in the state operating appropriations act to participate in a cooperative project. Two or more school districts may participate in a cooperative project pursuant to RCW 28A.340.020 through 28A.340.070. [1990 c 33 § 367; 1988 c 268 § 3. Formerly RCW 28A.100.082.] 28A.340.020 Findings—Severability—1988 c 268: See notes following RCW 28A.340.010. 28A.340.030 Application—Review by the superintendent of public instruction. (1) Eligible school districts desiring to form a cooperative project pursuant to RCW 28A.340.020 through 28A.340.070 shall submit to the superintendent of public instruction an application for review as a cooperative project. The application shall include, but not be limited to, the following information: (a) A description of the cooperative project, including the programs, services, and administrative activities that will be operated jointly; (b) The improvements in curriculum offerings and educational opportunities expected to result from the establishment of the proposed cooperative project; (c) A list of any statutory requirements or administrative rules which are considered financial disincentives to the establishment of cooperative projects and which would impede the operation of the proposed cooperative project; and the financial impact to the school districts and the state expected to result by the granting of a waiver from such statutory requirements or administrative rules; (d) An assessment of community support for the proposed cooperative project, which assessment shall include each community affected by the proposed cooperative project; and (e) A plan for evaluating the educational and cost-effectiveness of the proposed cooperative project, including curriculum offerings and staffing patterns. (2) The superintendent of public instruction shall review the application before the applicant school districts may commence the proposed cooperative project. In reviewing applications, the superintendent shall be limited to: (a) The granting of waivers from statutory requirements, for which the superintendent of public instruction has the express power to implement pursuant to the adoption of rules, or administrative rules that need to be waived in order for the proposed cooperative project to be implemented: PROVIDED, That no statutory requirement or administrative rule dealing with health, safety, or civil rights 28A.340.030 [Title 28A RCW—page 152] may be waived; and (b) ensuring the technical accuracy of the application. Any waiver granted by the superintendent of public instruction shall be reviewed and may be renewed by the superintendent every five years subject to the participating districts submitting a new application pursuant to this section. (3) If additional eligible school districts wish to participate in an existing cooperative project the cooperative project as a whole shall reapply for review by the superintendent of public instruction. [1990 c 33 § 368; 1988 c 268 § 4. Formerly RCW 28A.100.084.] Findings—Severability—1988 c 268: See notes following RCW 28A.340.010. 28A.340.040 Adoption of salary schedules—Computation of fringe benefits. (1) School districts participating in a cooperative project pursuant to RCW 28A.340.030 may adopt identical salary schedules following compliance with chapter 41.59 RCW: PROVIDED, That if the districts participating in a cooperative project adopt identical salary schedules, the participating districts shall be considered a single school district for purposes of establishing compliance with the salary limitations of RCW 28A.400.200(3) but not for the purposes of allocation of state funds. (2) For purposes of computing fringe benefit contributions for purposes of establishing compliance with RCW 28A.400.200(3)(b), the districts participating in a cooperative project pursuant to RCW 28A.340.030 may use the greater of: (a) The highest amount provided in the 1986-87 school year by a district participating in the cooperative project; or (b) the amount authorized for such purposes in the state operating appropriations act in effect at the time. [1990 c 33 § 369; 1988 c 268 § 5. Formerly RCW 28A.100.086.] 28A.340.040 Findings—Severability—1988 c 268: See notes following RCW 28A.340.010. 28A.340.060 Rules. (1) The superintendent of public instruction shall adopt rules as necessary under chapter 34.05 RCW to carry out the provisions of RCW 28A.340.010 through 28A.340.070. (2) When the joint operation of programs or services includes the teaching of all or substantially all of the curriculum for a particular grade or grades in only one local school district, the rules shall provide that the affected students are attending school in the district in which they reside for the purposes of RCW 28A.150.250 and 28A.150.260 and chapter 28A.545 RCW. [1990 c 33 § 371; 1988 c 268 § 8. Formerly RCW 28A.100.090.] 28A.340.060 Findings—Severability—1988 c 268: See notes following RCW 28A.340.010. 28A.340.070 Allocation of state funds for technical assistance—Contracting with agencies for technical assistance. (1) The superintendent of public instruction may allocate state funds, as may be appropriated, to provide technical assistance to eligible school districts interested in developing and implementing a cooperative project. (2) The superintendent of public instruction may contract with other agencies to provide some or all of the techni28A.340.070 (2008 Ed.) School Director Districts cal assistance under subsection (1) of this section. [1988 c 268 § 9. Formerly RCW 28A.100.092.] Findings—Severability—1988 c 268: See notes following RCW 28A.340.010. Chapter 28A.343 Chapter 28A.343 RCW SCHOOL DIRECTOR DISTRICTS Sections 28A.343.010 28A.343.070 Director candidates in undivided districts—Indication of term sought—How elected. Certain school districts—Election for formation of new school district. Certain school districts—Election to authorize division in school districts not already divided into directors’ districts. Division or redivision of district into director districts. Dissolution of directors’ districts. District boundary changes—Submission to county auditor. Map of directors’ districts. 28A.343.300 28A.343.310 28A.343.320 28A.343.330 28A.343.340 28A.343.350 28A.343.360 28A.343.370 28A.343.380 28A.343.390 28A.343.400 Directors—Terms—Number. Terms for directors in divided districts. Declarations of candidacy—Positions as separate offices. Ballots—Form. When elected—Eligibility. Residency. Oath of office. Vacancies. Meetings. Quorum—Failure to attend meetings. Compensation—Waiver. 28A.343.020 28A.343.030 28A.343.040 28A.343.050 28A.343.060 ELECTIONS PROVISIONS RELATING TO CERTAIN DISTRICTS 28A.343.600 28A.343.610 28A.343.620 28A.343.630 28A.343.640 28A.343.650 28A.343.660 28A.343.670 28A.343.680 Certain first-class districts—Staggered terms. First-class districts having city with population of 400,000 people or more—Directors’ terms. First-class districts containing no former first-class district—Number and terms of directors. First-class districts containing only one former first-class district—Number and terms of directors. First-class districts containing more than one former firstclass district—Number and terms of directors. New first-class district having city with population of 400,000 people or more—Number and terms of directors. First-class districts having city with population of 400,000 people or more—Boundaries of director districts— Candidate eligibility—Declaration of candidacy— Primary limited to district voters—Terms of directors. First-class districts having city with population of 400,000 people or more—Initial director district boundaries— Appointments to fill vacancies for new director districts—Director district numbers. New second-class districts—Number and terms of directors. Reviser’s note: 1999 c 315 §§ 804, 805, and 806 directed that numerous sections in chapter 28A.315 RCW be recodified in three new chapters in Title 28A RCW. These sections have been recodified in chapter 28A.343 RCW with subheadings. 28A.343.010 Director candidates in undivided districts—Indication of term sought—How elected. Whenever the directors to be elected in a school district that is not divided into directors’ districts are not all to be elected for the same term of years, the county auditor shall distinguish them and designate the same as provided for in *RCW 29.21.140, and assign position numbers thereto as provided in **RCW 28A.315.470 and each candidate shall indicate on his or her declaration of candidacy the term for which he or she seeks to be elected and position number for which he or she is filing. The candidate receiving the largest number of votes for each 28A.343.010 (2008 Ed.) 28A.343.030 position shall be deemed elected. [1990 c 33 § 317; 1969 ex.s. c 223 § 28A.57.334. Prior: 1959 c 268 § 12. Formerly RCW 28A.315.560, 28A.57.334, 28.57.420.] Reviser’s note: *(1) RCW 29.21.140 was recodified as RCW 29.15.140 pursuant to 1990 c 59 § 110, effective July 1, 1992. RCW 29.15.140 was recodified as RCW 29A.24.020 pursuant to 2003 c 111 § 2401, effective July 1, 2004. **(2) RCW 28A.315.470 was recodified as RCW 28A.343.320 pursuant to 1999 c 315 § 804. 28A.343.020 Certain school districts—Election for formation of new school district. Whenever an election shall be held for the purpose of securing the approval of the voters for the formation of a new school district other than a school district of the first class having within its boundaries a city with a population of four hundred thousand people or more, if requested by one of the boards of directors of the school districts affected, there shall also be submitted to the voters at the same election a proposition to authorize the board of directors to divide the school district, if formed, into five directors’ districts in first-class school districts and a choice of five directors’ districts or no fewer than three directors’ districts with the balance of the directors to be elected at large in second-class school districts. Such director districts in second-class districts, if approved, shall not become effective until the regular school election following the next regular school election at which time a new board of directors shall be elected as provided in *RCW 28A.315.550. Such director districts in first-class districts, if approved, shall not become effective until the next regular school election at which time a new board of directors shall be elected as provided in *RCW 28A.315.600, 28A.315.610, and 28A.315.620. Each of the five directors shall be elected from among the residents of the respective director district, or from among the residents of the entire school district in the case of directors at large, by the electors of the entire school district. [1991 c 363 § 22; 1991 c 288 § 3. Prior: 1990 c 161 § 5; 1990 c 33 § 319; 1985 c 385 § 27; 1979 ex.s. c 183 § 2; 1975 c 43 § 8; 1973 2nd ex.s. c 21 § 2; 1971 c 67 § 2; 1969 ex.s. c 223 § 28A.57.342; prior: 1959 c 268 § 4. Formerly RCW 28A.315.580, 28A.57.342, 28.57.342.] 28A.343.020 Reviser’s note: *(1) RCW 28A.315.550, 28A.315.600, 28A.315.610, and 28A.315.620 were recodified as RCW 28A.343.680, 28A.343.620, 28A.343.630, and 28A.343.640, respectively, pursuant to 1999 c 315 § 805. (2) This section was amended by 1991 c 288 § 3 and by 1991 c 363 § 22, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. Severability—1985 c 385: See note following RCW 28A.315.025. Effective date—1979 ex.s. c 183: "This amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1979." [1979 ex.s. c 183 § 12.] Severability—1979 ex.s. c 183: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 183 § 13.] Effective date—Severability—1975 c 43: See notes following RCW 28A.535.050. 28A.343.030 Certain school districts—Election to authorize division in school districts not already divided 28A.343.030 [Title 28A RCW—page 153] 28A.343.040 Title 28A RCW: Common School Provisions into directors’ districts. The board of directors of every first-class school district other than a school district of the first class having within its boundaries a city with a population of four hundred thousand people or more which is not divided into directors’ districts may submit to the voters at any regular school district election a proposition to authorize the board of directors to divide the district into directors’ districts or for second-class school districts into director districts or a combination of no fewer than three director districts and no more than two at large positions. If a majority of the votes cast on the proposition is affirmative, the board of directors shall proceed to divide the district into directors’ districts following the procedure established in *RCW 29.70.100. Such director districts, if approved, shall not become effective until the next regular school election when a new five member board of directors shall be elected, one from each of the director districts from among the residents of the respective director district, or from among the residents of the entire school district in the case of directors at large, by the electors of the entire district, two for a term of two years and three for a term of four years, unless such district elects its directors for six years, in which case, one for a term of two years, two for a term of four years, and two for a term of six years. [1991 c 363 § 23; 1991 c 288 § 4; 1990 c 161 § 6; 1985 c 385 § 28; 1979 ex.s. c 183 § 3; 1975 c 43 § 9; 1973 2nd ex.s. c 21 § 3; 1971 c 67 § 8; 1969 ex.s. c 223 § 28A.57.344. Prior: 1959 c 268 § 3. Formerly RCW 28A.315.590, 28A.57.344, 28.57.344.] Reviser’s note: *(1) RCW 29.70.100 was recodified as RCW 29A.76.010 pursuant to 2003 c 111 § 2401, effective July 1, 2004. (2) This section was amended by 1991 c 288 § 4 and by 1991 c 363 § 23, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. Severability—1985 c 385: See note following RCW 28A.315.025. Effective date—Severability—1979 ex.s. c 183: See notes following RCW 28A.343.020. Effective date—Severability—1975 c 43: See notes following RCW 28A.535.050. 28A.343.040 Division or redivision of district into director districts. It is the responsibility of each school district board of directors to prepare for the division or redivision of the district into director districts no later than eight months after any of the following: (1) Receipt of federal decennial census data from the redistricting commission established in RCW 44.05.030; (2) Consolidation of two or more districts into one district under *RCW 28A.315.270; (3) Transfer of territory to or from the district under *RCW 28A.315.280; (4) Annexation of territory to or from the district under *RCW 28A.315.290 or 28A.315.320; or (5) Approval by a majority of the registered voters voting on a proposition authorizing the division of the district into director districts pursuant to **RCW 28A.315.590. The districting or redistricting plan shall be consistent with the criteria and adopted according to the procedure established under ***RCW 29.70.100. [1991 c 288 § 1. Formerly RCW 28A.315.593.] 28A.343.040 [Title 28A RCW—page 154] Reviser’s note: *(1) RCW 28A.315.270, 28A.315.280, 28A.315.290, and 28A.315.320 were repealed by 1999 c 315 § 801. Later enactment of R CW 2 8 A.31 5.2 70 , 28 A.3 15 .28 0, a n d 2 8A .31 5.3 20 , se e RC W 28A.315.195, 28A.315.215, and 28A.315.225, respectively. **(2) RCW 28A.315.590 was recodified as RCW 28A.343.030 pursuant to 1999 c 315 § 806. ***(3) RCW 29.70.100 was recodified as RCW 29A.76.010 pursuant to 2003 c 111 § 2401, effective July 1, 2004. 28A.343.050 Dissolution of directors’ districts. Upon receipt by the educational service district superintendent of a resolution adopted by the board of directors or a written petition from a first-class or second-class school district signed by at least twenty percent of the registered voters of a school district previously divided into directors’ districts, which resolution or petition shall request dissolution of the existing directors’ districts and reapportionment of the district into no fewer than three directors’ districts and with no more than two directors at large, the superintendent, after formation of the question to be submitted to the voters, shall give notice thereof to the county auditor who shall call and hold a special election of the voters of the entire school district to approve or reject such proposal, such election to be called, conducted and the returns canvassed as in regular school district elections. If approval of a majority of those registered voters voting in said election is acquired, at the expiration of terms of the incumbent directors of such school district their successors shall be elected in the manner approved. [2008 c 9 § 1. Prior: 1990 c 161 § 3; 1990 c 33 § 326; 1975-’76 2nd ex.s. c 15 § 9; prior: 1975 1st ex.s. c 275 § 107; 1975 c 43 § 13; 1971 c 48 § 27; 1969 ex.s. c 223 § 28A.57.415. Formerly RCW 28A.315.660, 28A.57.415.] 28A.343.050 Effective date—Severability—1975 c 43: See notes following RCW 28A.535.050. Severability—1971 c 48: See note following RCW 28A.310.250. 28A.343.060 District boundary changes—Submission to county auditor. (1) Any district boundary changes, including changes in director district boundaries, shall be submitted to the county auditor by the school district board of directors within thirty days after the changes have been approved by the board. The board shall submit both legal descriptions and maps. (2) Any boundary changes submitted to the county auditor after the fourth Monday in June of odd-numbered years shall not take effect until the following year. [1991 c 288 § 9. Formerly RCW 28A.315.597.] 28A.343.060 28A.343.070 Map of directors’ districts. Each educational service district superintendent shall prepare and keep in his or her office a map showing the boundaries of the directors’ districts of all school districts in or belonging to his or her educational service district that are so divided. [2008 c 159 § 9; 1990 c 33 § 324; 1985 c 385 § 29; 1975 1st ex.s. c 275 § 106; 1969 ex.s. c 176 § 140; 1969 ex.s. c 223 § 28A.57.390. Prior: 1947 c 266 § 38; Rem. Supp. 1947 § 4693-57. Formerly RCW 28A.315.640, 28A.57.390, 28.57.390.] 28A.343.070 Severability—1985 c 385: See note following RCW 28A.315.025. Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010. (2008 Ed.) School Director Districts ELECTIONS 28A.343.300 Directors—Terms—Number. The governing board of a school district shall be known as the board of directors of the district. Unless otherwise specifically provided, as in *RCW 29.13.060, each member of a board of directors shall be elected by ballot by the registered voters of the school district and shall hold office for a term of four years and until a successor is elected and qualified. Terms of school directors shall be staggered, and insofar as possible, not more than a majority of one shall be elected to full terms at any regular election. In case a member or members of a board of directors are to be elected to fill an unexpired term or terms, the ballot shall specify the term for which each such member is to be elected. Except for a school district of the first class having within its boundaries a city with a population of four hundred thousand people or more which shall have a board of directors of seven members, the board of directors of every school district of the first class or school district of the second class shall consist of five members. [1991 c 363 § 20; 1980 c 35 § 1; 1980 c 47 § 1. Prior: 1979 ex.s. c 183 § 1; 1979 ex.s. c 126 § 4; 1975 c 43 § 5; 1973 2nd ex.s. c 21 § 1; 1969 c 131 § 8; 1969 ex.s. c 223 § 28A.57.312; prior: 1957 c 67 § 1; 1955 c 55 § 11; 1947 c 266 § 10; Rem. Supp. 1947 § 4693-29; prior: 1909 pp 289, 290 §§ 1,2; RRS §§ 4790, 4791. Formerly RCW 28A.315.450, 28A.57.312, 28.57.338, 28.58.080.] 28A.343.300 *Reviser’s note: RCW 29.13.060 was repealed by 2003 c 111 § 2404, effective July 1, 2004. Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. Severability—1980 c 35: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1980 c 35 § 10.] Severability—1980 c 47: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1980 c 47 § 5.] Effective date—Severability—1979 ex.s. c 183: See notes following RCW 28A.343.020. Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1). Effective date—Severability—1975 c 43: See notes following RCW 28A.535.050. 28A.343.310 Terms for directors in divided districts. Whenever all directors to be elected in a school district that is divided into directors’ districts are not all to be elected for the same term of years, the county auditor, prior to the date set by law for filing a declaration of candidacy for the office of director, shall determine by lot the directors’ districts from which directors shall be elected for a term of two years and the directors’ districts from which directors shall be elected for a term of four years. In districts with a combination of directors’ districts and directors at large, the county auditor shall determine the terms of office in such a manner that twoyear terms and four-year terms are distributed evenly to the extent possible between the director district and at large positions. Each candidate shall indicate on his or her declaration of candidacy the directors’ district from which he or she seeks to be elected or whether the candidate is seeking elec28A.343.310 (2008 Ed.) 28A.343.330 tion as a director at large. [1990 c 161 § 7; 1990 c 33 § 325; 1969 ex.s. c 223 § 28A.57.410. Prior: 1959 c 268 § 11. Formerly RCW 28A.315.650, 28A.57.410, 28.57.410.] Reviser’s note: This section was amended by 1990 c 33 § 325 and by 1990 c 161 § 7, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). 28A.343.320 Declarations of candidacy—Positions as separate offices. Candidates for the position of school director shall file their declarations of candidacy as provided in *Title 29 RCW. The positions of school directors in each district shall be dealt with as separate offices for all election purposes, and where more than one position is to be filled, each candidate shall file for one of the positions so designated: PROVIDED, That in school districts containing director districts, or a combination of director districts and director at large positions, candidates shall file for such director districts or at large positions. Position numbers shall be assigned to correspond to director district numbers to the extent possible. [1990 c 161 § 4; 1990 c 59 § 98; 1969 ex.s. c 223 § 28A.57.314. Prior: 1963 c 223 § 1. Formerly RCW 28A.315.470, 28A.57.314, 28.58.082.] 28A.343.320 Reviser’s note: *(1) Title 29 RCW was repealed and/or recodified in its entirety pursuant to 2003 c 111, effective July 1, 2004. See Title 29A RCW. (2) This section was amended by 1990 c 59 § 98 and by 1990 c 161 § 4, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013. Commencement of terms of office: RCW 29A.04.330, 29A.20.030. Nonpartisan primaries and elections: Chapter 29A.52 RCW. School district elections in counties with a population of less than two hundred ten thousand, times for holding: RCW 29A.04.330. in counties with a population of two hundred ten thousand or more, times for holding: RCW 29A.04.330. Terms of office: RCW 29A.04.330, 29A.20.030. 28A.343.330 Ballots—Form. Except as provided in *RCW 29.21.010, the positions of school directors and the candidates therefor shall appear separately on the nonpartisan ballot in substantially the following form: 28A.343.330 SCHOOL DIRECTOR ELECTION BALLOT District No. . . . . Date . . . . . . To vote for a person make a cross (X) in the square at the right of the name of the person for whom you desire to vote. School District Directors Position No. 1 Vote for One .................................... .................................... .................................... â â â [Title 28A RCW—page 155] 28A.343.340 Title 28A RCW: Common School Provisions Position No. 2 Vote for One .................................... .................................... .................................... â â â To Fill Unexpired Term Position No. 3 2 (or 4) year term Vote for One .................................... .................................... .................................... â â â The names of candidates shall appear upon the ballot in order of filing for each position. There shall be no rotation of names in the printing of such ballots. [1969 ex.s. c 223 § 28A.57.316. Prior: 1963 c 223 § 2. Formerly RCW 28A.315.480, 28A.57.316, 28.58.083.] *Reviser’s note: RCW 29.21.010 was recodified as RCW 29A.52.210 pursuant to 2003 c 111 § 2401, effective July 1, 2004. 28A.343.340 When elected—Eligibility. Directors of school districts shall be elected at regular school elections. No person shall be eligible to the office of school director who is not a citizen of the United States and the state of Washington and a registered voter of either the school district or director district, as the case may be. [1969 ex.s. c 223 § 28A.57.318. Prior: 1909 c 97 p 285 § 1; RRS § 4775; prior: 1903 c 104 § 16; 1901 c 41 § 2; 1899 c 142 § 7; 1897 c 118 § 39; 1893 c 107 § 2; 1890 p 364 § 25. Formerly RCW 28A.315.490, 28A.57.318, 28.58.090.] 28A.343.340 28A.343.350 Residency. Notwithstanding RCW 42.12.010(4), a school director elected from a director district may continue to serve as a director from the district even though the director no longer resides in the director district, but continues to reside in the school district, under the following conditions: (1) If, as a result of redrawing the director district boundaries, the director no longer resides in the director district, the director shall retain his or her position for the remainder of his or her term of office; and (2) If, as a result of the director changing his or her place of residence the director no longer resides in the director district, the director shall retain his or her position until a successor is elected and assumes office as follows: (a) If the change in residency occurs after the opening of the regular filing period provided under *RCW 29.15.020, in the year two years after the director was elected to office, the director shall remain in office for the remainder of his or her term of office; or (b) if the change in residency occurs prior to the opening of the regular filing period provided under *RCW 29.15.020, in the year two years after the director was elected to office, the director shall remain in office until a successor assumes office who has been elected to serve the remainder of the unexpired term of office at the school district general election held in that year. [1999 c 194 § 1.] 28A.343.350 Reviser’s note: *(1) RCW 29.15.020 was recodified as RCW 29A.24.050 pursuant to 2003 c 111 § 2401, effective July 1, 2004. [Title 28A RCW—page 156] (2) 1999 c 194 § 1 directed that this section be added to chapter 28A.315 RCW. Chapter 28A.315 RCW was reorganized and partially recodified by 1999 c 315, therefore codification in chapter 28A.343 RCW is more appropriate. 28A.343.360 Oath of office. Every person elected or appointed to the office of school director, before entering upon the discharge of the duties thereof, shall take an oath or affirmation to support the Constitution of the United States and the state of Washington and to faithfully discharge the duties of the office according to the best of his or her ability. In case any official has a written appointment or commission, the official’s oath or affirmation shall be endorsed thereon and sworn to before any officer authorized to administer oaths. School officials are hereby authorized to administer all oaths or affirmations pertaining to their respective offices without charge or fee. All oaths of office, when properly made, shall be filed with the county auditor. Every person elected to the office of school director shall begin his or her term of office at the first official meeting of the board of directors following certification of the election results. [1990 c 33 § 314; 1988 c 187 § 1; 1986 c 167 § 16; 1969 ex.s. c 223 § 28A.57.322. Prior: 1909 c 97 p 288 § 11; RRS § 4786; prior: 1897 c 118 § 61; 1890 p 380 § 70. Formerly RCW 28A.315.500, 28A.57.322, 28.58.095, 28.63.015, 28.63.017, 42.04.030.] 28A.343.360 Severability—1986 c 167: See note following RCW 29A.04.049. 28A.343.370 Vacancies. (1) In case of a vacancy from any cause on the board of directors of a school district other than a reconstituted board resulting from reorganized school districts, a majority of the legally established number of board members shall fill such vacancy by appointment: PROVIDED, That should there exist fewer board members on the board of directors of a school district than constitutes a majority of the legally established number of board members, the educational service district board members of the district in which the school district is located by the vote of a majority of its legally established number of board members shall appoint a sufficient number of board members to constitute a legal majority on the board of directors of such school district; and the remaining vacancies on such board of directors shall be filled by such board of directors in accordance with the provisions of this section: PROVIDED FURTHER, That should any board of directors for whatever reason fail to fill a vacancy within ninety days from the creation of such vacancy, the members of the educational service district board of the district in which the school district is located by majority vote shall fill such vacancy. (2) Appointees to fill vacancies on boards of directors of school districts shall meet the requirements provided by law for school directors and shall serve until the next regular school district election, at which time a successor shall be elected for the unexpired term. (3) If a vacancy will be created by a board member who has submitted a resignation, that board member may not vote on the selection of his or her replacement. [1991 c 60 § 1; 1975 1st ex.s. c 275 § 100; 1971 c 53 § 2; 1969 ex.s. c 176 § 156; 1969 ex.s. c 223 § 28A.57.326. Prior: (i) 1909 c 97 p 292 § 12; RRS 4801; prior: 1907 c 31 § 3; 1897 c 118 § 89; 1890 p 390 § 16. Formerly RCW 28.62.120. (ii) 1909 c 97 p 28A.343.370 (2008 Ed.) School Director Districts 298 § 3; RRS § 4813. Formerly RCW 28.63.020. (iii) 1909 c 97 p 301 § 3; RRS § 4825. Formerly RCW 28.63.022. (iv) 1959 c 216 § 7, part; 1955 c 157 § 14, part; prior: 1909 p 281 § 4, part; 1903 c 104 § 14, part; 1899 c 142 § 6, part; 1897 c 118 § 33, part; 1891 c 127 § 3, part; 1890 p 355 § 11, part; RRS § 4770, part. Formerly RCW 28A.315.530, 28A.57.326, 28.19.060, part.] Severability—1971 c 53: See note following RCW 28A.323.060. Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010. 28A.343.380 Meetings. Regular meetings of the board of directors of any school district shall be held monthly or more often at such a time as the board of directors by resolution shall determine or the bylaws of the board may prescribe. Special or deferred meetings may be held from time to time as circumstances may demand, at the call of the president, if a first-class district, or the chair of the board, if a second-class district, or on petition of a majority of the members of the board. All meetings shall be open to the public unless the board shall otherwise order an executive session as provided in RCW 42.30.110. [1990 c 33 § 315; 1983 c 3 § 35; 1975 c 43 § 6; 1969 ex.s. c 223 § 28A.57.324. Prior: (i) 1909 c 97 p 291 § 9; RRS § 4798; prior: 1897 c 118 § 86; 1890 p 389 § 13. Formerly RCW 28.62.090. (ii) 1965 ex.s. c 87 § 1; 1909 c 97 p 299 § 6; RRS § 4816. Formerly RCW 28.63.030. (iii) 1965 ex.s. c 87 § 2; 1909 c 97 p 302 § 6; RRS § 4828. Formerly RCW 28A.315.510, 28A.57.324, 28.63.032.] 28A.343.380 Effective date—Severability—1975 c 43: See notes following RCW 28A.535.050. 28A.343.390 Quorum—Failure to attend meetings. A majority of all members of the board of directors shall constitute a quorum. Absence of any board member from four consecutive regular meetings of the board, unless on account of sickness or authorized by resolution of the board, shall be sufficient cause for the remaining members of the board to declare by resolution that such board member position is vacated. In addition, vacancies shall occur as provided in RCW 42.12.010. [1994 c 223 § 5; 1971 c 53 § 4. Formerly RCW 28A.315.520, 28A.57.325.] 28A.343.390 28A.343.610 effective, must be filed any time after the director’s election and before the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made. The compensation provided in this section shall be in addition to any reimbursement for expenses paid to such directors by the school district. [1987 c 307 § 2. Formerly RCW 28A.315.540, 28A.57.327.] Intent—1987 c 307: "The legislature declares it is the policy of the state to: (1) Ensure, for the sake of educational excellence, that the electorate has the broadest possible field in which to choose qualified candidates for its school boards; (2) Ensure that the opportunity to serve on school boards be open to all, regardless of financial circumstances; and (3) Ensure that the time-consuming and demanding service as directors not be limited to those able or willing to make substantial personal and financial sacrifices." [1987 c 307 § 1.] Effective date—1987 c 307: "This act shall take effect on September 1, 1987." [1987 c 307 § 3.] PROVISIONS RELATING TO CERTAIN DISTRICTS 28A.343.600 Certain first-class districts—Staggered terms. Any first-class school district having a board of directors of five members as provided in *RCW 28A.315.450 and which elects directors for a term of six years under the provisions of **RCW 29.13.060 shall cause the office of at least one director and no more than two directors to be up for election at each regular school district election held hereafter and, except as provided in ***RCW 28A.315.680, any first-class school district having a board of directors of seven members as provided in *RCW 28A.315.450 shall cause the office of two directors and no more than three directors to be up for election at each regular school district election held hereafter. [1990 c 33 § 318; 1969 c 131 § 11; 1969 ex.s. c 223 § 28A.57.336. Prior: 1959 c 268 § 13. Formerly RCW 28A.315.570, 28A.57.336, 28.57.430.] 28A.343.600 Reviser’s note: *(1) RCW 28A.315.450 was recodified as RCW 28A.343.300 pursuant to 1999 c 315 § 804. **(2) RCW 29.13.060 was repealed by 2003 c 111 § 2404, effective July 1, 2004. ***(3) RCW 28A.315.680 was recodified as RCW 28A.343.670 pursuant to 1999 c 315 § 805. Severability—1971 c 53: See note following RCW 28A.323.060. 28A.343.610 First-class districts having city with population of 400,000 people or more—Directors’ terms. After July 1, 1979, the election of directors of any first-class school district having within its boundaries a city with a population of four hundred thousand people or more, shall be to four year terms. The initial four year terms required by this section shall commence upon the expiration of terms in existence at July 1, 1979. Nothing in chapter 183, Laws of 1979 ex. sess. shall affect the term of office of any incumbent director of any such first-class school district. [1991 c 363 § 21; 1979 ex.s. c 183 § 10. Formerly RCW 28A.315.460, 28A.57.313.] 28A.343.610 28A.343.400 Compensation—Waiver. Each member of the board of directors of a school district may receive compensation of fifty dollars per day or portion thereof for attending board meetings and for performing other services on behalf of the school district, not to exceed four thousand eight hundred dollars per year, if the district board of directors has authorized by board resolution, at a regularly scheduled meeting, the provision of such compensation. A board of directors of a school district may authorize such compensation only from locally collected excess levy funds available for that purpose, and compensation for board members shall not cause the state to incur any present or future funding obligation. Any director may waive all or any portion of his or her compensation under this section as to any month or months during his or her term of office, by a written waiver filed with the district as provided in this section. The waiver, to be 28A.343.400 (2008 Ed.) Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. Effective date—Severability—1979 ex.s. c 183: See notes following RCW 28A.343.020. Directors—Number and terms of in new first-class district having city with population of 400,000 people or more: RCW 28A.343.650. [Title 28A RCW—page 157] 28A.343.620 Title 28A RCW: Common School Provisions 28A.343.620 First-class districts containing no former first-class district—Number and terms of directors. Upon the establishment of a new school district of the first class as provided for in *RCW 28A.315.580 containing no former first-class district, the directors of the old school districts who reside within the limits of the new district shall meet at the call of the educational service district superintendent and shall constitute the board of directors of the new district. If fewer than five such directors reside in such new district, they shall become directors of said district and the educational service district board shall appoint the number of additional directors to constitute a board of five directors for the district. Vacancies, once such a board has been reconstituted, shall not be filled unless the number of remaining board members is less than five, and such vacancies shall be filled in the manner otherwise provided by law. Each board of directors so constituted shall proceed at once to organize in the manner prescribed by law and thereafter shall have all the powers and authority conferred by law upon boards of directors of first-class school districts until the next regular school election in the district at which election their successors shall be elected and qualified. At such election no more than five directors shall be elected either at large or by director districts, as the case may be, two for a term of two years and three for a term of four years: PROVIDED, That if such first-class district is in a county with a population of two hundred ten thousand or more and contains a city of the first class, two directors shall be elected for a term of three years and three directors shall be elected for a term of six years. [1991 c 363 § 24; 1990 c 33 § 320; 1980 c 35 § 3; 1979 ex.s. c 126 § 6; 1975 1st ex.s. c 275 § 102; 1971 c 67 § 3. Formerly RCW 28A.315.600, 28A.57.355.] 28A.343.620 *Reviser’s note: RCW 28A.315.580 was recodified as RCW 28A.343.020 pursuant to 1999 c 315 § 806. Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. Severability—1980 c 35: See note following RCW 28A.343.300. Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1). 28A.343.630 First-class districts containing only one former first-class district—Number and terms of directors. Upon the establishment of a new school district of the first class as provided for in *RCW 28A.315.580 containing only one former first-class district, the directors of the former first-class district and two directors representative of former second-class districts selected by a majority of the board members of former second-class districts shall meet at the call of the educational service district superintendent and shall constitute the board of directors of the new district. Vacancies, once such a board has been reconstituted, shall not be filled unless the number of remaining board members is less than five, and such vacancies shall be filled in the manner otherwise provided by law. Each board of directors so constituted shall proceed at once to organize in the manner prescribed by law and thereafter shall have all the powers and authority conferred by law upon boards of directors of first-class school districts until the next regular school election in the district at which election their successors shall be elected and qualified. At such election no more than five directors shall be elected either at large or by director districts, as the case may be, two for a 28A.343.630 [Title 28A RCW—page 158] term of two years and three for a term of four years: PROVIDED, That if such first-class district is in a county with a population of two hundred ten thousand or more and contains a city of the first class, two directors shall be elected for a term of three years and three directors shall be elected for a term of six years. [1991 c 363 § 25; 1990 c 33 § 321; 1980 c 35 § 4; 1979 ex.s. c 126 § 7; 1975-’76 2nd ex.s. c 15 § 6. Prior: 1975 1st ex.s. c 275 § 103; 1975 c 43 § 10; 1971 c 67 § 4. Formerly RCW 28A.315.610, 28A.57.356.] *Reviser’s note: RCW 28A.315.580 was recodified as RCW 28A.343.020 pursuant to 1999 c 315 § 806. Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. Severability—1980 c 35: See note following RCW 28A.343.300. Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1). Effective date—Severability—1975 c 43: See notes following RCW 28A.535.050. 28A.343.640 First-class districts containing more than one former first-class district—Number and terms of directors. Upon the establishment of a new school district of the first class as provided for in *RCW 28A.315.580 containing more than one former first-class district, the directors of the largest former first-class district and three directors representative of the other former first-class districts selected by a majority of the board members of the former first-class districts and two directors representative of former secondclass districts selected by a majority of the board members of former second-class districts shall meet at the call of the educational service district superintendent and shall constitute the board of directors of the new district. Vacancies once such a board has been reconstituted shall not be filled unless the number of remaining board members is less than seven, and such vacancies shall be filled in the manner otherwise provided by law. Each board of directors so constituted shall proceed at once to organize in the manner prescribed by law and thereafter shall have all of the powers and authority conferred by law upon boards of first-class districts until the next regular school election and until their successors are elected and qualified. At such election other than districts electing directors for six-year terms as provided in **RCW 29.13.060, as now or hereafter amended, five directors shall be elected either at large or by director districts, as the case may be, two for a term of two years and three for a term of four years. At such election for districts electing directors for six years other than a district having within its boundaries a city with a population of four hundred thousand people or more and electing directors for six year terms, five directors shall be elected either at large or by director districts, as the case may be, one for a term of two years, two for a term of four years, and two for a term of six years. [1991 c 363 § 26; 1990 c 33 § 322; 1980 c 35 § 5; 1980 c 47 § 2. Prior: 1979 ex.s. c 183 § 4; 1979 ex.s. c 126 § 8; 1975-’76 2nd ex.s. c 15 § 7; prior: 1975 1st ex.s. c 275 § 104; 1975 c 43 § 11; 1973 2nd ex.s. c 21 § 10; 1973 c 19 § 1; 1971 c 67 § 5. Formerly RCW 28A.315.620, 28A.57.357.] 28A.343.640 Reviser’s note: *(1) RCW 28A.315.580 was recodified as RCW 28A.343.020 pursuant to 1999 c 315 § 806. **(2) RCW 29.13.060 was repealed by 2003 c 111 § 2404, effective July 1, 2004. (2008 Ed.) School Director Districts Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. Severability—1980 c 35: See note following RCW 28A.343.300. Severability—1980 c 47: See note following RCW 28A.343.300. Effective date—Severability—1979 ex.s. c 183: See notes following RCW 28A.343.020. Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1). Effective date—Severability—1975 c 43: See notes following RCW 28A.535.050. 28A.343.650 New first-class district having city with population of 400,000 people or more—Number and terms of directors. Upon the establishment of a new school district of the first class having within its boundaries a city with a population of four hundred thousand people or more, the directors of the largest former first-class district and three directors representative of the other former first-class districts selected by a majority of the board members of the former first-class districts and two directors representative of former second-class districts selected by a majority of the board members of former second-class districts shall meet at the call of the educational service district superintendent and shall constitute the board of directors of the new district. Each board of directors so constituted shall proceed at once to organize in the manner prescribed by law and thereafter shall have all the powers and duties conferred by law upon boards of first-class districts, until the next regular school election and until their successors are elected and qualified. Such duties shall include establishment of new director districts as provided for in *RCW 28A.315.670. At the next regular school election seven directors shall be elected by director districts, two for a term of two years, two for a term of four years and three for a term of six years. Thereafter their terms shall be as provided in *RCW 28A.315.460. Vacancies once such a board has been reconstituted shall not be filled unless the number of remaining board members is less than seven, and such vacancies shall be filled in the manner otherwise provided by law. [1991 c 363 § 27; 1990 c 33 § 323; 1980 c 35 § 6; 1980 c 47 § 3. Prior: 1979 ex.s. c 183 § 5; 1979 ex.s. c 126 § 9; 1975-’76 2nd ex.s. c 15 § 8; prior: 1975 1st ex.s. c 275 § 105; 1975 c 43 § 12; 1973 2nd ex.s. c 21 § 4; 1971 c 67 § 6. Formerly RCW 28A.315.630, 28A.57.358.] 28A.343.650 *Reviser’s note: RCW 28A.315.670 and 28A.315.460 were recodified as RCW 28A.343.660 and 28A.343.610, respectively, pursuant to 1999 c 315 § 805. Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. Severability—1980 c 35: See note following RCW 28A.343.300. Severability—1980 c 47: See note following RCW 28A.343.300. 28A.343.670 directors. Notwithstanding any other provision of law, any school district of the first class having within its boundaries a city with a population of four hundred thousand people or more shall be divided into seven director districts. The boundaries of such director districts shall be established by the members of the school board, such boundaries to be established so that each such district shall comply, as nearly as practicable, with the criteria established in *RCW 29.70.100. Boundaries of such director districts shall be adjusted by the school board following the procedure established in *RCW 29.70.100 after each federal decennial census if population change shows the need thereof to comply with the criteria of *RCW 29.70.100. No person shall be eligible for the position of school director in any such director district unless such person resides in the particular director district. Residents in the particular director district desiring to be a candidate for school director shall file their declarations of candidacy for such director district and for the position of director in that district and shall be voted upon, in any primary required to be held for the position under **Title 29 RCW, by the registered voters of that particular director district. In the general election, each position shall be voted upon by all the registered voters in the school district. The order of the names of candidates shall appear on the primary and general election ballots as required for nonpartisan positions under **Title 29 RCW. Except as provided in ***RCW 28A.315.680, every such director so elected in school districts divided into seven director districts shall serve for a term of four years as otherwise provided in ***RCW 28A.315.460. [1991 c 363 § 28; 1991 c 288 §§ 5, 6. Prior: 1990 c 59 § 99; 1990 c 33 § 327; 1979 ex.s. c 183 § 6; 1973 2nd ex.s. c 21 § 5; 1969 c 131 § 9. Formerly RCW 28A.315.670, 28A.57.425.] Reviser’s note: *(1) RCW 29.70.100 was recodified as RCW 29A.76.010 pursuant to 2003 c 111 § 2401, effective July 1, 2004. **(2) Title 29 RCW was repealed and/or recodified in its entirety pursuant to 2003 c 111, effective July 1, 2004. See Title 29A RCW. ***(3) RCW 28A.315.680 and 28A.315.460 were recodified as RCW 28A.343.670 and 28A.343.610, respectively, pursuant to 1999 c 315 § 805. (4) This section was amended by 1991 c 288 §§ 5 and 6 and by 1991 c 363 § 28, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Effective dates—1991 c 363 §§ 28, 29, 33, 47, and 131: "(1) Sections 28, 29, 33, and 131 of this act shall take effect July 1, 1992. (2) Section 47 of this act shall take effect July 1, 1993." [1991 c 363 § 165.] Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. Effective date—1991 c 288 §§ 6 and 8: "Sections 6 and 8 of this act shall take effect July 1, 1992." [1991 c 288 § 12.] Effective date—Severability—1979 ex.s. c 183: See notes following RCW 28A.343.020. Expiration date—1991 c 288 §§ 5 and 7: "Sections 5 and 7 of this act shall expire July 1, 1992." [1991 c 288 § 11.] Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1). Effective date—Severability—1975 c 43: See notes following RCW 28A.535.050. Directors—First-class districts having city with population of 400,000 people or more—Terms: RCW 28A.343.610. Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013. Effective date—Severability—1979 ex.s. c 183: See notes following RCW 28A.343.020. 28A.343.670 First-class districts having city with population of 400,000 people or more—Initial director district boundaries—Appointments to fill vacancies for new director districts—Director district numbers. The school boards of any school district of the first class having 28A.343.670 28A.343.660 First-class districts having city with population of 400,000 people or more—Boundaries of director districts—Candidate eligibility—Declaration of candidacy—Primary limited to district voters—Terms of 28A.343.660 (2008 Ed.) [Title 28A RCW—page 159] 28A.343.680 Title 28A RCW: Common School Provisions within its boundaries a city with a population of four hundred thousand people or more shall establish the director district boundaries. Appointment of a board member to fill any vacancy existing for a new director district prior to the next regular school election shall be by the school board. Prior to the next regular election in the school district and the filing of declarations of candidacy therefor, the incumbent school board shall designate said director districts by number. Directors appointed to fill vacancies as above provided shall be subject to election, one for a six-year term, and one for a twoyear term and thereafter the term of their respective successors shall be for four years. The term of office of incumbent members of the board of such district shall not be affected by *RCW 28A.315.450, 28A.315.460, 28A.315.570, 28A.315.670, and 28A.315.680. [1995 c 335 § 106. Prior: 1991 c 363 § 29; 1991 c 288 §§ 7, 8; prior: 1990 c 59 § 72; 1990 c 33 § 328; 1983 c 3 § 36; 1979 ex.s. c 183 § 7; 1973 2nd ex.s. c 21 § 6; 1969 c 131 § 10. Formerly RCW 28A.315.680, 28A.57.435.] *Reviser’s note: RCW 28A.315.450, 28A.315.460, 28A.315.570, 28A.315.670, and 28A.315.680 were recodified as RCW 28A.343.300, 28A.343.610, 28A.343.600, 28A.343.660, and 28A.343.670, respectively, pursuant to 1999 c 315 §§ 804 and 805. Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360. Effective dates—1991 c 363 §§ 28, 29, 33, 47, and 131: See note following RCW 28A.343.660. Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. Effective date—1991 c 288 §§ 6 and 8: See note following RCW 28A.343.660. Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013. Effective date—Severability—1979 ex.s. c 183: See notes following RCW 28A.343.020. for a term of two years and three for a term of four years. Directors thereafter elected and qualified shall serve such terms as provided for in *RCW 28A.315.450. [1990 c 33 § 316; 1980 c 35 § 2; 1979 ex.s. c 126 § 5; 1975-’76 2nd ex.s. c 15 § 5. Prior: 1975 1st ex.s. c 275 § 101; 1975 c 43 § 7; 1971 c 67 § 1; 1969 ex.s. c 176 § 137; 1969 ex.s. c 223 § 28A.57.328; prior: 1959 c 268 § 7, part; 1947 c 266 § 24, part; Rem. Supp. 1947 § 4693-43, part. Formerly RCW 28A.315.550, 28A.57.328, 28.57.350, part.] *Reviser’s note: RCW 28A.315.450 was recodified as RCW 28A.343.300 pursuant to 1999 c 315 § 804. Severability—1980 c 35: See note following RCW 28A.343.300. Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1). Effective date—Severability—1975 c 43: See notes following RCW 28A.535.050. Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010. Chapter 28A.345 Chapter 28A.345 RCW WASHINGTON STATE SCHOOL DIRECTORS’ ASSOCIATION Sections 28A.345.010 28A.345.020 28A.345.030 28A.345.040 28A.345.050 28A.345.060 Association created. Membership. Powers of association. Coordination of policies—Report. Association dues—Payment. Audit of staff classifications and employees’ salaries—Contract with department of personnel—Copies. 28A.345.070 Tribal relationships—Achievement gap—Curriculum— Reports to the legislature. 28A.345.902 Effective date—1983 c 187. Motor vehicle transportation services—Washington state school directors’ association defined as state agency for purposes of: RCW 43.19.560. 28A.345.010 Association created. The public necessity for the coordination of programs and procedures pertaining to policymaking and to control and management among the school districts of the state is hereby recognized, and in the furtherance of such coordination there is hereby created for said purpose an agency of the state to be known as the Washington state school directors’ association, hereinafter designated as the school directors’ association. [1969 ex.s. c 223 § 28A.61.010. Prior: 1947 c 169 § 1; Rem. Supp. 1947 § 4709-20. Formerly RCW 28A.61.010, 28.58.320.] 28A.345.010 28A.343.680 New second-class districts—Number and terms of directors. Upon the establishment of a new school district of the second class, the directors of the old school districts who reside within the limits of the new district shall meet at the call of the educational service district superintendent and shall constitute the board of directors of the new district. If fewer than five such directors reside in any such new second-class school district, they shall become directors of said district, and the educational service district board shall appoint the number of additional directors required to constitute a board of five directors for the new second-class district. Vacancies once such a board has been reconstituted shall not be filled unless the number of remaining board members is less than five in a second-class district, and such vacancies shall be filled in the manner otherwise provided by law. Each board of directors so constituted shall proceed at once to organize in the manner prescribed by law and thereafter shall have all the powers and authority conferred by law upon boards of directors of other districts of the same class. Each initial director shall hold office until his or her successor is elected and qualified: PROVIDED, That the election of the successor shall be held during the second district general election after the initial directors have assumed office. At such election, no more than five directors shall be elected either at large or by director districts, as the case may be, two 28A.343.680 [Title 28A RCW—page 160] 28A.345.020 Membership. The membership of the school directors’ association shall comprise the members of the boards of directors of the school districts of the state. [1969 ex.s. c 223 § 28A.61.020. Prior: 1947 c 169 § 2; Rem. Supp. 1947 § 4709-21. Formerly RCW 28A.61.020, 28.58.330.] 28A.345.020 28A.345.030 Powers of association. The school directors’ association shall have the power: (1) To prepare and adopt, amend and repeal a constitution and rules and regulations, and bylaws for its own organization including county or regional units and for its government and guidance: PROVIDED, That action taken with respect thereto is consistent with the provisions of this chapter or with other provisions of law; 28A.345.030 (2008 Ed.) Washington State School Directors’ Association (2) To arrange for and call such meetings of the association or of the officers and committees thereof as are deemed essential to the performance of its duties; (3) To provide for the compensation of members of the board of directors in accordance with RCW 43.03.240, and for payment of travel and subsistence expenses incurred by members and/or officers of the association and association staff while engaged in the performance of duties under direction of the association in the manner provided by RCW 28A.320.050; (4) To employ an executive director and other staff and pay such employees out of the funds of the association; (5) To conduct studies and disseminate information therefrom relative to increased efficiency in local school board administration; (6) To buy, lease, sell, or exchange such personal and real property as necessary for the efficient operation of the association and to borrow money, issue deeds of trust or other evidence of indebtedness, or enter into contracts for the purchase, lease, remodeling, or equipping of office facilities or the acquisition of sites for such facilities; (7) To purchase liability insurance for school directors, which insurance may indemnify said directors against any or all liabilities for personal or bodily injuries and property damage arising from their acts or omissions while performing or while in good faith purporting to perform their official duties as school directors; (8) To provide advice and assistance to local boards to promote their primary duty of representing the public interest; (9) Upon request by a local school district board(s) of directors, to make available on a cost reimbursable contract basis (a) specialized services, (b) research information, and (c) consultants to advise and assist district board(s) in particular problem areas: PROVIDED, That such services, information, and consultants are not already available from other state agencies, educational service districts, or from the informati on and research services author ized by R CW 28A.320.110. [1991 c 66 § 1; 1990 c 33 § 372; 1989 c 325 § 1; 1983 c 187 § 1; 1979 c 151 § 13; 1974 ex.s. c 101 § 1; 1969 ex.s. c 184 § 4; 1969 ex.s. c 223 § 28A.61.030. Prior: 1947 c 169 § 3; Rem. Supp. 1947 § 4709-22. Formerly RCW 28A.61.030, 28.58.340.] Effective date—1989 c 325: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 30, 1989." [1989 c 325 § 3.] 28A.345.040 Coordination of policies—Report. It shall be the duty of the school directors’ association (1) to take such action as the association deems advisable to effect a coordination of policymaking, control, and management of the school districts of the state; and (2) to prepare and submit to the superintendent of public instruction annually, and oftener if deemed advisable by the association, reports and recommendations respecting the aforesaid matters and any other matters which in the judgment of the association pertain to an increase in the efficiency of the common school system. [1969 ex.s. c 223 § 28A.61.040. Prior: 1947 c 169 § 4; Rem. Supp. 1947 § 4709-23. Formerly RCW 28A.61.040, 28.58.350.] 28A.345.040 (2008 Ed.) 28A.345.070 28A.345.050 Association dues—Payment. The school directors’ association may establish a graduated schedule of dues for members of the association based upon the number of certificated personnel in each district. Dues shall be established for the directors of each district as a group. The total of all dues assessed shall not exceed twenty-seven cents for each one thousand dollars of the statewide total of all school districts’ general fund receipts. The board of directors of a school district shall make provision for payment out of the general fund of the district of the dues of association members resident in the district, which payment shall be made in the manner provided by law for the payment of other claims against the general fund of the district. The dues for each school district shall be due and payable on the first day of January of each year. [1983 c 187 § 2; 1969 c 125 § 2; 1969 ex.s. c 223 § 28A.61.050. Prior: 1967 ex.s. c 8 § 76; 1965 c 103 § 1; 1957 c 281 § 1; 1953 c 226 § 1; 1947 c 169 § 5; Rem. Supp. 1947 § 4709-24. Formerly RCW 28A.61.050, 28.58.360.] 28A.345.050 28A.345.060 Audit of staff classifications and employees’ salaries—Contract with department of personnel—Copies. The association shall contract with the department of personnel for the department of personnel to audit in odd-numbered years the association’s staff classifications and employees’ salaries. The association shall give copies of the audit reports to the office of financial management and the committees of each house of the legislature dealing with common schools. [1986 c 158 § 3; 1983 c 187 § 4. Formerly RCW 28A.61.070.] 28A.345.060 28A.345.070 Tribal relationships—Achievement gap—Curriculum—Reports to the legislature. (1) Beginning in 2006, and at least once annually through 2010, the Washington state school directors’ association is encouraged to convene regional meetings and invite the tribal councils from the region for the purpose of establishing governmentto-government relationships and dialogue between tribal councils and school district boards of directors. Participants in these meetings should discuss issues of mutual concern, and should work to: (a) Identify the extent and nature of the achievement gap and strategies necessary to close it; (b) Increase mutual awareness and understanding of the importance of accurate, high-quality curriculum materials about the history, culture, and government of local tribes; and (c) Encourage school boards to identify and adopt curriculum that includes tribal experiences and perspectives, so that Indian students are more engaged and learn more successfully, and so that all students learn about the history, culture, government, and experiences of their Indian peers and neighbors. (2) By December 1, 2008, and every two years thereafter through 2012, the school directors’ association shall report to the education committees of the legislature regarding the progress made in the development of effective governmentto-government relations, the narrowing of the achievement gap, and the identification and adoption of curriculum regarding tribal history, culture, and government. The report shall include information about any obstacles encountered, and 28A.345.070 [Title 28A RCW—page 161] 28A.345.902 Title 28A RCW: Common School Provisions any strategies under development to overcome them. [2005 c 205 § 2.] Inte nt— F i ndi ngs— 20 05 c 20 5: See n ot e fol l ow i ng RC W 28A.320.170. 28A.345.902 Effective date—1983 c 187. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect June 30, 1983. [1983 c 187 § 8. Formerly RCW 28A.61.910.] 28A.345.902 Chapter 28A.350 Chapter 28A.350 RCW SCHOOL DISTRICT WARRANTS— AUDITOR’S DUTIES Sections 28A.350.010 28A.350.020 28A.350.030 28A.350.040 28A.350.050 Registering warrants—All districts. Registering warrants—Second-class districts. Auditing accounts—All districts. Auditor to draw and issue warrants—Second-class districts. Teacher must qualify before warrant drawn and issued or registered—All districts. 28A.350.060 Liability of auditor for warrants exceeding budget—All districts. 28A.350.070 Orders for warrants not transferable—Second-class districts. 28A.350.010 Registering warrants—All districts. The county auditor shall register in the auditor’s own office, and present to the treasurer for registration in the office of the county treasurer, all warrants of first-class districts, and all warrants of second-class districts electing to draw and issue their own warrants under RCW 28A.330.230 received from school district superintendents or district secretaries before delivery of the same to claimants. [1990 c 33 § 373; 1975 c 43 § 27; 1973 c 111 § 2; 1969 ex.s. c 223 § 28A.66.010. Prior: 1911 c 78 § 1, part; RRS § 4864. Formerly RCW 28A.66.010, 28.66.010.] 28A.350.010 Effective date—Severability—1975 c 43: See notes following RCW 28A.535.050. Severability—1973 c 111: See note following RCW 28A.330.230. 28A.350.020 Registering warrants—Second-class districts. The county auditor shall cause all school warrants of second-class districts issued by the auditor to be registered in the treasurer’s office and shall retain the vouchers on file in the auditor’s office. [1990 c 33 § 374; 1975 c 43 § 28; 1969 ex.s. c 223 § 28A.66.020. Prior: 1911 c 78 § 1, part; RRS § 4863. Formerly RCW 28A.66.020, 28.66.020.] 28A.350.020 accounts against second-class districts, except those who draw and issue their own warrants pursuant to RCW 28A.330.230 upon the written order of the majority of the members of the school board of each district. [1990 c 33 § 375; 1975 c 43 § 29; 1973 c 111 § 3; 1969 ex.s. c 223 § 28A.66.040. Prior: 1909 c 97 p 308 § 3; RRS § 4859. Formerly RCW 28A.66.040, 28.66.040.] Effective date—Severability—1975 c 43: See notes following RCW 28A.535.050. Severability—1973 c 111: See note following RCW 28A.330.230. 28A.350.050 Teacher must qualify before warrant drawn and issued or registered—All districts. No warrant shall be drawn and issued or registered by the county auditor for the payment of any teacher who is not qualified within the meaning of the law of this state. [1973 c 72 § 1; 1971 c 48 § 45; 1969 ex.s. c 223 § 28A.66.050. Prior: 1909 c 97 p 308 § 4; RRS § 4860. Formerly RCW 28A.66.050, 28.66.050.] 28A.350.050 Severability—1971 c 48: See note following RCW 28A.310.250. 28A.350.060 Liability of auditor for warrants exceeding budget—All districts. Any county auditor issuing or causing to be issued a district warrant for any sum in excess of total disbursements of a district’s annual budget shall be personally liable therefor, and shall reimburse the district in double the amount of any such sum. [1975-’76 2nd ex.s. c 118 § 31; 1969 ex.s. c 223 § 28A.66.070. Prior: 1959 c 216 § 22; prior: 1933 c 28 § 2, part; 1909 c 97 p 288 § 9, part; 1897 c 118 § 46, part; 1893 c 107 § 3, part; RRS § 4784, part. Formerly RCW 28A.66.070, 28.66.070.] 28A.350.060 Severability—1975-’76 2nd ex.s. c 118: See note following RCW 28A.505.010. 28A.350.070 Orders for warrants not transferable— Second-class districts. An order for a warrant issued by any board of directors of second-class school districts shall not be transferable, and the county auditor shall issue no warrant except to individuals or firms designated in original district orders. [1975 c 43 § 30; 1969 ex.s. c 223 § 28A.66.080. Prior: 1959 c 216 § 23; prior: 1933 c 28 § 2, part; 1909 c 97 p 288 § 9, part; 1897 c 118 § 46, part; 1893 c 107 § 3, part; RRS § 4784, part. Formerly RCW 28A.66.080, 28.66.080.] 28A.350.070 Effective date—Severability—1975 c 43: See notes following RCW 28A.535.050. Chapter 28A.400 Effective date—Severability—1975 c 43: See notes following RCW 28A.535.050. 28A.350.030 Auditing accounts—All districts. The county auditors of the several counties of this state shall audit all accounts of the several school districts of their respective counties, the same as other accounts are audited with the other departments of the county. [1969 ex.s. c 223 § 28A.66.030. Prior: 1909 c 97 p 308 § 2; RRS § 4858. Formerly RCW 28A.66.030, 28.66.030.] 28A.350.030 28A.350.040 Auditor to draw and issue warrants— Second-class districts. The county auditor shall draw and issue warrants for the payment of all salaries, expenses and 28A.350.040 [Title 28A RCW—page 162] Chapter 28A.400 RCW EMPLOYEES Sections SUPERINTENDENTS 28A.400.010 Employment of superintendent—Superintendent’s qualifications, general powers, term, contract renewal. 28A.400.020 Directors’ and superintendents’ signatures filed with auditor. 28A.400.030 Superintendent’s duties. PRINCIPALS 28A.400.100 Principals and vice principals—Employment of—Qualifications—Duties. 28A.400.110 Principal to assure appropriate student discipline—Building discipline standards—Classes to improve classroom management skills. (2008 Ed.) Employees SALARY AND COMPENSATION 28A.400.200 Salaries and compensation for employees—Minimum amounts—Limitations—Supplemental contracts. 28A.400.205 Cost-of-living increases for employees. 28A.400.206 Cost-of-living increases—Duty of state. 28A.400.210 Employee attendance incentive program—Remuneration or benefit plan for unused sick leave. 28A.400.212 Employee attendance incentive program—Effect of early retirement. 28A.400.220 Employee salary or compensation—Limitations respecting. 28A.400.230 Deposit of cumulative total of earnings of group of employees—Authorized—Conditions. 28A.400.240 Deferred compensation plan for school district or educational service district employees—Limitations. 28A.400.250 Tax deferred annuities. 28A.400.260 Pension benefits or annuity benefits for certain classifications of employees—Procedure. 28A.400.270 Employee benefit—Definitions. 28A.400.275 Employee benefits—Contracts. 28A.400.280 Employee benefits—Employer contributions. 28A.400.285 Contracts for services performed by classified employees. HIRING AND DISCHARGE 28A.400.300 Hiring and discharging of employees—Written leave policies—Seniority and leave benefits of employees transferring between school districts. 28A.400.301 Information on past sexual misconduct—Requirement for applicants—Limitation on contracts and agreements— Employee right to review personnel file. 28A.400.303 Record checks for employees. 28A.400.305 Record check information—Access—Rules. 28A.400.306 Fingerprints accepted by the state patrol—Fingerprints forwarded to the federal bureau of investigation—Conditions. 28A.400.310 Law against discrimination applicable to districts’ employment practices. 28A.400.315 Employment contracts. 28A.400.317 Physical abuse or sexual misconduct by school employees— Duty to report—Training. 28A.400.320 Crimes against children—Mandatory termination of classified employees—Appeal. 28A.400.330 Crimes against children—Contractor employees—Termination of contract. 28A.400.340 Notice of discharge to contain notice of right to appeal if available. 28A.400.030 a contract of employment with any school superintendent shall rest solely with the discretion of the school board employing such school superintendent. Regarding such renewal of contracts of school superintendents the provisions of RCW 28A.405.210, 28A.405.240, and 28A.645.010 shall be inapplicable. [1990 c 33 § 376; 1985 c 7 § 94; 1975-’76 2nd ex.s. c 114 § 10; 1975-’76 2nd ex.s. c 15 § 10. Prior: 1975 1st ex.s. c 254 § 2; 1975-’76 1st ex.s. c 137 § 1; 1969 ex.s. c 223 § 28A.58.137; prior: (i) 1909 c 97 p 300 § 11; RRS § 4821. Formerly RCW 28.63.060. (ii) 1909 c 97 p 302 § 8; RRS § 4830. Formerly RCW 28.63.062. (iii) 1909 c 97 p 302 § 9; RRS § 4831. Formerly RCW 28.63.064. (iv) 1909 c 97 p 290 § 4, part; RRS § 4793, part. Formerly RCW 28A.58.137, 28.62.040, part.] Savings—1975-’76 2nd ex.s. c 114: "Nothing in this 1976 amendatory act shall be construed to annul or to modify or to preclude the continuation of any lawful agreement entered into prior to the effective date of this 1976 amendatory act." [1975-’76 2nd ex.s. c 114 § 11.] Severability—1975-’76 2nd ex.s. c 114: "If any provision of this 1976 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975-’76 2nd ex.s. c 114 § 12.] Reimbursement of expenses of directors, other school representatives, and superintendent candidates—Advancing anticipated expenses: RCW 28A.320.050. 28A.400.020 Directors’ and superintendents’ signatures filed with auditor. Every school district director and school district superintendent, on assuming the duties of his or her office, shall place his or her signature, certified to by some school district official, on file in the office of the county auditor. [1990 c 33 § 377; 1969 ex.s. c 223 § 28A.58.140. Prior: 1909 c 97 p 289 § 12; RRS § 4787; prior: 1897 c 118 § 61; 1890 p 380 § 70. Formerly RCW 28A.58.140, 28.58.140.] 28A.400.020 INSURANCE 28A.400.350 Liability, life, health, health care, accident, disability, and salary insurance authorized—When required—Premiums. 28A.400.360 Liability insurance for officials and employees authorized. 28A.400.370 Mandatory insurance protection for employees. 28A.400.380 Leave sharing program. 28A.400.391 Insurance for retired and disabled employees—Application—Rules. 28A.400.395 Insurance for retired employees and their dependents— Method of payment of premium. 28A.400.400 District contributions to the public employees’ and retirees’ insurance account. 28A.400.410 Payment to the public employees’ and retirees’ insurance account. Educational employment relations act: Chapter 41.59 RCW. Reporting of harassment, intimidation, or bullying: RCW 28A.600.480. SUPERINTENDENTS 28A.400.010 Employment of superintendent— Superintendent’s qualifications, general powers, term, contract renewal. In all districts the board of directors shall elect a superintendent who shall have such qualification as the local school board alone shall determine. The superintendent shall have supervision over the several departments of the schools thereof and carry out such other powers and duties as prescribed by law. Notwithstanding the provisions of RCW 28A.400.300(1), the board may contract with such superintendent for a term not to exceed three years when deemed in the best interest of the district. The right to renew 28A.400.010 (2008 Ed.) 28A.400.030 Superintendent’s duties. In addition to such other duties as a district school board shall prescribe the school district superintendent shall: (1) Attend all meetings of the board of directors and cause to have made a record as to the proceedings thereof. (2) Keep such records and reports and in such form as the district board of directors require or as otherwise required by law or rule or regulation of higher administrative agencies and turn the same over to his or her successor. (3) Keep accurate and detailed accounts of all receipts and expenditures of school money. At each annual school meeting the superintendent must present his or her record book of board proceedings for public inspection, and shall make a statement of the financial condition of the district and such record book must always be open for public inspection. (4) Give such notice of all annual or special elections as otherwise required by law; also give notice of the regular and special meetings of the board of directors. (5) Sign all orders for warrants ordered to be issued by the board of directors. (6) Carry out all orders of the board of directors made at any regular or special meeting. [1991 c 116 § 14; 1990 c 33 § 378; 1983 c 56 § 8; 1977 ex.s. c 80 § 30; 1975-’76 2nd ex.s. c 118 § 30; 1975 1st ex.s. c 275 § 110; 1971 c 48 § 30; 1969 ex.s. c 223 § 28A.58.150. Prior: 1909 c 97 p 304 § 2; RRS § 4842; prior: 1907 c 163 § 3; 1899 c 142 § 10; 1897 c 118 § 28A.400.030 [Title 28A RCW—page 163] 28A.400.100 Title 28A RCW: Common School Provisions 49; 1893 c 107 § 5; 1891 c 127 § 12; 1890 p 367 § 34; Code 1881 §§ 3194, 3195, 3196, 3197; 1873 p 428 §§ 10, 11, 12, 13. Formerly RCW 28A.58.150, 28.58.150.] Severability—1983 c 56: See note following RCW 28A.195.010. Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190. Severability—1975-’76 2nd ex.s. c 118: See note following RCW 28A.505.010. Severability—1971 c 48: See note following RCW 28A.310.250. ment of those standards. Such building standards shall be consistent with the provisions of RCW 28A.600.020(3). School principals and certificated employees shall also confer annually, to establish criteria for determining when certificated employees must complete classes to improve classroom management skills. [1997 c 266 § 12; 1990 c 33 § 379; 1980 c 171 § 2; 1975-’76 2nd ex.s. c 97 § 3. Formerly RCW 28A.58.201.] Findings—Intent—Severability—1997 c 266: See notes following RCW 28A.600.455. PRINCIPALS 28A.400.100 Principals and vice principals— Employment of—Qualifications—Duties. School districts may employ public school principals and/or vice principals to supervise the operation and management of the school to which they are assigned. Such persons shall hold valid administrative certificates and shall hold or have held either valid teacher certificates or valid educational staff associate certificates. Persons who hold or have held valid educational staff associate certificates must also have demonstrated successful school-based experience in an instructional role with students. Persons whose certificates were revoked, suspended, or surrendered may not be employed as public school principals or vice principals. In addition to such other duties as shall be prescribed by law and by the job description adopted by the board of directors, each principal shall: (1) Assume administrative authority, responsibility and instructional leadership, under the supervision of the school district superintendent, and in accordance with the policies of the school district board of directors, for the planning, management, supervision and evaluation of the educational program of the attendance area for which he or she is responsible. (2) Submit recommendations to the school district superintendent regarding appointment, assignment, promotion, transfer and dismissal of all personnel assigned to the attendance area for which he or she is responsible. (3) Submit recommendations to the school district superintendent regarding the fiscal needs to maintain and improve the instructional program of the attendance area for which he or she is responsible. (4) Assume administrative authority and responsibility for the supervision, counseling and discipline of pupils in the attendance area for which he or she is responsible. [2002 c 78 § 1; 1977 ex.s. c 272 § 1. Formerly RCW 28A.58.160.] SALARY AND COMPENSATION 28A.400.100 Severability—1977 ex.s. c 272: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1977 ex.s. c 272 § 2.] 28A.400.110 Principal to assure appropriate student discipline—Building discipline standards—Classes to improve classroom management skills. Within each school the school principal shall determine that appropriate student discipline is established and enforced. In order to assist the principal in carrying out the intent of this section, the principal and the certificated employees in a school building shall confer at least annually in order to develop and/or review building disciplinary standards and uniform enforce28A.400.110 [Title 28A RCW—page 164] 28A.400.200 Salaries and compensation for employees—Minimum amounts—Limitations—Supplemental contracts. (1) Every school district board of directors shall fix, alter, allow, and order paid salaries and compensation for all district employees in conformance with this section. (2)(a) Salaries for certificated instructional staff shall not be less than the salary provided in the appropriations act in the statewide salary allocation schedule for an employee with a baccalaureate degree and zero years of service; and (b) Salaries for certificated instructional staff with a masters degree shall not be less than the salary provided in the appropriations act in the statewide salary allocation schedule for an employee with a masters degree and zero years of service; (3)(a) The actual average salary paid to certificated instructional staff shall not exceed the district’s average certificated instructional staff salary used for the state basic education allocations for that school year as determined pursuant to RCW 28A.150.410. (b) Fringe benefit contributions for certificated instructional staff shall be included as salary under (a) of this subsection only to the extent that the district’s actual average benefit contribution exceeds the amount of the insurance benefits allocation provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable. For purposes of this section, fringe benefits shall not include payment for unused leave for illness or injury under RCW 28A.400.210; employer contributions for old age survivors insurance, workers’ compensation, unemployment compensation, and retirement benefits under the Washington state retirement system; or employer contributions for health benefits in excess of the insurance benefits allocation provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable. A school district may not use state funds to provide employer contributions for such excess health benefits. (c) Salary and benefits for certificated instructional staff in programs other than basic education shall be consistent with the salary and benefits paid to certificated instructional staff in the basic education program. (4) Salaries and benefits for certificated instructional staff may exceed the limitations in subsection (3) of this section only by separate contract for additional time, additional responsibilities, or incentives. Supplemental contracts shall not cause the state to incur any present or future funding obligation. Supplemental contracts shall be subject to the collective bargaining provisions of chapter 41.59 RCW and the 28A.400.200 (2008 Ed.) Employees provisions of RCW 28A.405.240, shall not exceed one year, and if not renewed shall not constitute adverse change in accordance with RCW 28A.405.300 through 28A.405.380. No district may enter into a supplemental contract under this subsection for the provision of services which are a part of the basic education program required by Article IX, section 3 of the state Constitution. (5) Employee benefit plans offered by any district shall comply with RCW 28A.400.350 and 28A.400.275 and 28A.400.280. [2002 c 353 § 2; 1997 c 141 § 2; 1993 c 492 § 225. Prior: 1990 1st ex.s. c 11 § 2; 1990 c 33 § 381; 1987 1st ex.s. c 2 § 205. Formerly RCW 28A.58.0951.] Effective date—2002 c 353: See note following RCW 28A.150.410. Findings—Intent—1993 c 492: See notes following RCW 43.20.050. Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915. Intent—1990 1st ex.s. c 11: "The legislature recognizes the rising costs of health insurance premiums for school employees, and the increasing need to ensure effective use of state benefit dollars to obtain basic coverage for employees and their dependents. In school districts that do not pool benefit allocations among employees, increases in premium rates create particular hardships for employees with families. For many of these employees, the increases translate directly into larger payroll deductions simply to maintain basic benefits. The goal of this act is to provide access for school employees to basic coverage, including coverage for dependents, while minimizing employees’ out-of-pocket premium costs. Unnecessary utilization of medical services can contribute to rising health insurance costs. Therefore, the legislature intends to encourage plans that promote appropriate utilization without creating major barriers to access to care. The legislature also intends that school districts pool state benefit allocations so as to eliminate major differences in out-of-pocket premium expenses for employees who do and do not need coverage for dependents." [1990 1st ex.s. c 11 § 1.] Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes following RCW 84.52.0531. 28A.400.205 Cost-of-living increases for employees. (1) School district employees shall be provided an annual salary cost-of-living increase in accordance with this section. (a) The cost-of-living increase shall be calculated by applying the rate of the yearly increase in the cost-of-living index to any state-funded salary base used in state funding formulas for teachers and other school district employees. Beginning with the 2001-02 school year, and for each subsequent school year, except for the 2003-04 and 2004-05 school years, each school district shall be provided a cost-of-living allocation sufficient to grant this cost-of-living increase. (b) A school district shall distribute its cost-of-living allocation for salaries and salary-related benefits in accordance with the district’s salary schedules, collective bargaining agreements, and compensation policies. No later than the end of the school year, each school district shall certify to the superintendent of public instruction that it has spent funds provided for cost-of-living increases on salaries and salaryrelated benefits. (c) Any funded cost-of-living increase shall be included in the salary base used to determine cost-of-living increases for school employees in subsequent years. For teachers and other certificated instructional staff, the rate of the annual cost-of-living increase funded for certificated instructional staff shall be applied to the base salary used with the statewide salary allocation schedule established under RCW 28A.400.205 (2008 Ed.) 28A.400.210 28A.150.410 and to any other salary models used to recognize school district personnel costs. (2) For the purposes of this section, "cost-of-living index" means, for any school year, the previous calendar year’s annual average consumer price index, using the official current base, compiled by the bureau of labor statistics, United States department of labor for the state of Washington. If the bureau of labor statistics develops more than one consumer price index for areas within the state, the index covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all items shall be used for the cost-of-living index in this section. [2003 1st sp.s. c 20 § 1; 2001 c 4 § 2 (Initiative Measure No. 732, approved November 7, 2000).] Severability—2001 c 4 (Initiative Measure No. 732): "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2001 c 4 § 5 (Initiative Measure No. 732, approved November 7, 2000).] 28A.400.206 28A.400.206 Cost-of-living increases—Duty of state. The Washington Constitution establishes "the paramount duty of the state to make ample provision for the education of all children." Providing quality education for all children in Washington requires well-qualified and experienced teachers and other school employees. However, salaries for educators have not kept up with the increased cost-of-living in the state. The failure to keep up with inflation threatens Washington’s ability to compete with other states to attract first-rate teachers to Washington classrooms and to keep well-qualified educators from leaving for other professions. The state must provide a fair and reasonable cost-of-living increase, as provided in chapter 20, Laws of 2003 1st sp. sess., to help ensure that the state attracts and keeps the best teachers and school employees for the children of Washington. [2003 1st sp.s. c 20 § 2; 2001 c 4 § 1 (Initiative Measure No. 732, approved November 7, 2000).] Severability—2001 c 4 (Initiative Measure No. 732): See note following RCW 28A.400.205. 28A.400.210 28A.400.210 Employee attendance incentive program—Remuneration or benefit plan for unused sick leave. Every school district board of directors may, in accordance with chapters 41.56 and 41.59 RCW, establish an attendance incentive program for all certificated and classified employees in the following manner, including covering persons who were employed during the 1982-’83 school year: (1) In January of the year following any year in which a minimum of sixty days of leave for illness or injury is accrued, and each January thereafter, any eligible employee may exercise an option to receive remuneration for unused leave for illness or injury accumulated in the previous year at a rate equal to one day’s monetary compensation of the employee for each four full days of accrued leave for illness or injury in excess of sixty days. Leave for illness or injury for which compensation has been received shall be deducted from accrued leave for illness or injury at the rate of four days for every one day’s monetary compensation. No employee may receive compensation under this section for any portion [Title 28A RCW—page 165] 28A.400.212 Title 28A RCW: Common School Provisions of leave for illness or injury accumulated at a rate in excess of one day per month. (2) Except as provided in RCW 28A.400.212, at the time of separation from school district employment an eligible employee or the employee’s estate shall receive remuneration at a rate equal to one day’s current monetary compensation of the employee for each four full days accrued leave for illness or injury. For purposes of this subsection, "eligible employee" means (a) employees who separate from employment due to retirement or death; (b) employees who separate from employment and who are at least age fifty-five and have at least ten years of service under the teachers’ retirement system plan 3 as defined in RCW 41.32.010(40), or under the Washington school employees’ retirement system plan 3 as defined in *RCW 41.35.010(31); or (c) employees who separate from employment and who are at least age fifty-five and have at least fifteen years of service under the teachers’ retirement system plan 2 as defined in RCW 41.32.010(39), under the Washington school employees’ retirement system plan 2 as defined in *RCW 41.35.010(30), or under the public employees’ retirement system plan 2 as defined in RCW 41.40.010(34). (3) In lieu of remuneration for unused leave for illness or injury as provided in subsections (1) and (2) of this section, a school district board of directors may, with equivalent funds, provide eligible employees a benefit plan that provides reimbursement for medical expenses. Any benefit plan adopted after July 28, 1991, shall require, as a condition of participation under the plan, that the employee sign an agreement with the district to hold the district harmless should the United States government find that the district or the employee is in debt to the United States as a result of the employee not paying income taxes due on the equivalent funds placed into the plan, or as a result of the district not withholding or deducting any tax, assessment, or other payment on such funds as required under federal law. Moneys or benefits received under this section shall not be included for the purposes of computing a retirement allowance under any public retirement system in this state. The superintendent of public instruction in its administration hereof, shall promulgate uniform rules and regulations to carry out the purposes of this section. Should the legislature revoke any benefits granted under this section, no affected employee shall be entitled thereafter to receive such benefits as a matter of contractual right. [2000 c 231 § 1; 1997 c 13 § 9; 1992 c 234 § 12; 1991 c 92 § 2; 198 9 c 69 § 2; 1983 c 275 § 2. Fo rmerly RCW 28A.58.096.] *Reviser’s note: RCW 41.35.010 was amended by 2001 c 180 § 3, changing subsections (30) and (31) to subsections (29) and (30), respectively. Intent—Construction—1983 c 275: "This act is intended to effectuate the legislature’s intent in the original enactment of chapter 182, Laws of 1980 and constitutes a readoption of the relevant portions of that law. This act shall be construed as being in effect since June 12, 1980." [1983 c 275 § 5.] 28A.400.212 Employee attendance incentive program—Effect of early retirement. An employee of a school district that has established an attendance incentive program under RCW 28A.400.210 who retires under section 1 or 3, chapter 234, Laws of 1992, section 1 or 3, chapter 86, 28A.400.212 [Title 28A RCW—page 166] Laws of 1993, or section 4 or 6, chapter 519, Laws of 1993, shall receive, at the time of his or her separation from school district employment, not less than one-half of the remuneration for accrued leave for illness or injury payable to him or her under the district’s incentive program. The school district board of directors may, at its discretion, pay the remainder of such an employee’s remuneration for accrued leave for illness or injury after the time of the employee’s separation from school district employment, but the employee or the employee’s estate is entitled to receive the remainder of the remuneration no later than the date the employee would have been eligible to retire under the provisions of RCW 41.40.180 or 41.32.480 had the employee continued to work for the district until eligible to retire, or three years following the date of the employee’s separation from school district employment, whichever occurs first. A district exercising its discretion under this section to pay the remainder of the remuneration after the time of the employee’s separation from school district employment shall establish a policy and procedure for paying the remaining remuneration that applies to all affected employees equally and without discrimination. Any remuneration paid shall be based on the number of days of leave the employee had accrued and the compensation the employee received at the time he or she retired under section 1 or 3, chapter 234, Laws of 1992, section 1 or 3, chapter 86, Laws of 1993, or section 4 or 6, chapter 519, Laws of 1993. [1993 c 519 § 14; 1993 c 86 § 8; 1992 c 234 § 13.] Reviser’s note: This section was amended by 1993 c 86 § 8 and by 1993 c 519 § 14, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Part headings not law—1993 c 519: "Part headings as used in this act do not constitute any part of the law." [1993 c 519 § 24.] Effective date—1993 c 519: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 18, 1993]." [1993 c 519 § 25.] Effective date—1993 c 86: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 21, 1993]." [1993 c 86 § 9.] 28A.400.220 Employee salary or compensation— Limitations respecting. (1) No school district board of directors or administrators may: (a) Increase an employee’s salary or compensation to include a payment in lieu of providing a fringe benefit; or (b) Allow any payment to an employee which is partially or fully conditioned on the termination or retirement of the employee, except as provided in subsection (2) of this section. (2) A school district board of directors may compensate an employee for termination of the employee’s contract in accordance with the termination provisions of the contract. If no such provisions exist the compensation must be reasonable based on the proportion of the uncompleted contract. Compensation received under this subsection shall not be included for the purposes of computing a retirement allowance under any public retirement system in this state. (3) Provisions of any contract in force on March 27, 1982, which conflict with the requirements of this section shall continue in effect until contract expiration. After expira28A.400.220 (2008 Ed.) Employees tion, any new contract including any renewal, extension, amendment or modification of an existing contract executed between the parties shall be consistent with this section. [1989 c 11 § 5; 1982 1st ex.s. c 10 § 1. Formerly RCW 28A.58.098.] Severability—1989 c 11: See note following RCW 9A.56.220. Severability—1982 1st ex.s. c 10: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1982 1st ex.s. c 10 § 3.] 28A.400.230 Deposit of cumulative total of earnings of group of employees—Authorized—Conditions. Any school district authorized to draw and issue their own warrants may deposit the cumulative total of the net earnings of any group of employees in one or more banks within the state such group or groups may designate, to be credited to the individuals composing such groups, by a single warrant to each bank so designated or by other commercially acceptable methods: PROVIDED, That any such collective authorization shall be made in writing by a minimum of twenty-five employees or ten percent of the employees, whichever is less. [1973 c 111 § 5. Formerly RCW 28A.58.730.] 28A.400.230 Severability—1973 c 111: See note following RCW 28A.330.230. 28A.400.240 Deferred compensation plan for school district or educational service district employees—Limitations. In addition to any other powers and duties, any school district or educational service district may contract with any classified or certificated employee to defer a portion of that employee’s income, which deferred portion shall in no event exceed the appropriate internal revenue service exclusion allowance for such plans, and shall subsequently with the consent of the employee, deposit or invest in a credit union, savings and loan association, bank, mutual savings bank, or purchase life insurance, shares of an investment company, or a fixed and/or variable annuity contract, for the purpose of funding a deferred compensation program for the employee, from any life underwriter or registered representative duly licensed by this state who represents an insurance company or an investment company licensed to contract business in this state. In no event shall the total investments or payments, and the employee’s nondeferred income for any year exceed the total annual salary, or compensation under the existing salary schedule or classification plan applicable to such employee in such year. Any income deferred under such a plan shall continue to be included as regular compensation, for the purpose of computing the retirement and pension benefits earned by any employee, but any sum so deducted shall not be included in the computation of any taxes withheld on behalf of any such employee. [2001 c 266 § 1; 1975 1st ex.s. c 205 § 1; 1974 ex.s. c 11 § 1. Formerly RCW 28A.58.740.] 28A.400.240 28A.400.250 Tax deferred annuities. The board of directors of any school district, the Washington state teachers’ retirement system, the superintendent of public instruction, and educational service district superintendents are authorized to provide and pay for tax deferred annuities for their respective employees in lieu of a portion of salary or wages as authorized under the provisions of 26 U.S.C., sec28A.400.250 (2008 Ed.) 28A.400.260 tion 403(b), as amended by Public Law 87-370, 75 Stat. 796, as now or hereafter amended. The superintendent of public instruction and educational service district superintendents, if eligible, may also be provided with such annuities. At the request of at least five employees, the employees’ employer shall arrange for the purchase of tax deferred annuity contracts which meet the requirements of 26 U.S.C., section 403(b), as now or hereafter amended, for the employees from any company the employees may choose that is authorized to do business in this state through a Washingtonlicensed insurance agent that the employees may select. Payroll deductions shall be made in accordance with the arrangements for the purpose of paying the entire premium due and to become due under the contracts. Employees’ rights under the annuity contract are nonforfeitable except for the failure to pay premiums. The board of directors of any school district, the Washington state teachers’ retirement system, the superintendent of public instruction, and educational service district superintendents shall not restrict, except as provided in this section, employees’ right to select the tax deferred annuity of their choice or the agent, broker, or company licensed by the state of Washington through which the tax deferred annuity is placed or purchased, and shall not place limitations on the time or place that the employees make the selection. The board of directors of any school district, the Washington state teachers’ retirement system, the superintendent of public instruction, and educational service district superintendents may each adopt rules regulating the sale of tax deferred annuities which: (1) Prohibit solicitation of employees for the purposes of selling tax deferred annuities on school premises during normal school hours; (2) only permit the solicitation of tax deferred annuities by agents, brokers, and companies licensed by the state of Washington; and (3) require participating companies to execute reasonable agreements protecting the respective employers from any liability attendant to procuring tax deferred annuities. [1984 c 228 § 1; 1975 1st ex.s. c 275 § 113; 1971 c 48 § 31; 1969 c 97 § 2; 1969 ex.s. c 223 § 28A.58.560. Prior: 1965 c 54 § 1, part. Formerly RCW 28A.58.560, 28.02.120, part.] Severability—1971 c 48: See note following RCW 28A.310.250. 28A.400.260 Pension benefits or annuity benefits for certain classifications of employees—Procedure. Notwithstanding any other provision of law, any school district shall have the authority to provide for all employees within an employment classification pension benefits or annuity benefits as may already be established and in effect by other employers of a similar classification of employees, and payment therefor may be made by making contributions to such pension plans or funds already established and in effect by the other employers and in which the school district is permitted to participate for such particular classifications of its employees by the trustees or other persons responsible for the administration of such established plans or funds. Notwithstanding provisions of RCW 41.40.023(4), the coverage under such private plan shall not exclude such employees from simultaneous coverage under the Washington public employees’ retirement system. [1972 ex.s. c 27 § 1. Formerly RCW 28A.58.565.] 28A.400.260 [Title 28A RCW—page 167] 28A.400.270 Title 28A RCW: Common School Provisions 28A.400.270 Employee benefit—Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 28A.400.275 and 28A.400.280. (1) "School district employee benefit plan" means the overall plan used by the district for distributing fringe benefit subsidies to employees, including the method of determining employee coverage and the amount of employer contributions, as well as the characteristics of benefit providers and the specific benefits or coverage offered. It shall not include coverage offered to district employees for which there is no contribution from public funds. (2) "Fringe benefit" does not include liability coverage, old-age survivors’ insurance, workers’ compensation, unemployment compensation, retirement benefits under the Washington state retirement system, or payment for unused leave for illness or injury under RCW 28A.400.210. (3) "Basic benefits" are determined through local bargaining and are limited to medical, dental, vision, group term life, and group long-term disability insurance coverage. (4) "Benefit providers" include insurers, third party claims administrators, direct providers of employee fringe benefits, health maintenance organizations, health care service contractors, and the Washington state health care authority or any plan offered by the authority. (5) "Group term life insurance coverage" means term life insurance coverage provided for, at a minimum, all full-time employees in a bargaining unit or all full-time nonbargaining group employees. (6) "Group long-term disability insurance coverage" means long-term disability insurance coverage provided for, at a minimum, all full-time employees in a bargaining unit or all full-time nonbargaining group employees. [1990 1st ex.s. c 11 § 4.] 28A.400.270 Intent—1990 1st ex.s. c 11: See note following RCW 28A.400.200. 28A.400.275 Employee benefits—Contracts. (1) Any contract for employee benefits executed after April 13, 1990, between a school district and a benefit provider or employee bargaining unit is null and void unless it contains an agreement to abide by state laws relating to school district employee benefits. The term of the contract may not exceed one year. (2) School districts shall annually submit to the Washington state health care authority summary descriptions of all benefits offered under the district’s employee benefit plan. The districts shall also submit data to the health care authority specifying the total number of employees and, for each employee, types of coverage or benefits received including numbers of covered dependents, the number of eligible dependents, the amount of the district’s contribution, additional premium costs paid by the employee through payroll deductions, and the age and sex of the employee and each dependent. The plan descriptions and the data shall be submitted in a format and according to a schedule established by the health care authority. (3) Any benefit provider offering a benefit plan by contract with a school district under subsection (1) of this section shall agree to make available to the school district the benefit plan descriptions and, where available, the demographic information on plan subscribers that the district is required to 28A.400.275 [Title 28A RCW—page 168] report to the Washington state health care authority under this section. (4) This section shall not apply to benefit plans offered in the 1989-90 school year. [1990 1st ex.s. c 11 § 5.] Intent—1990 1st ex.s. c 11: See note following RCW 28A.400.200. 28A.400.280 Employee benefits—Employer contributions. (1) Except as provided in subsection (2) of this section, school districts may provide employer fringe benefit contributions after October 1, 1990, only for basic benefits. However, school districts may continue payments under contracts with employees or benefit providers in effect on April 13, 1990, until the contract expires. (2) School districts may provide employer contributions after October 1, 1990, for optional benefit plans, in addition to basic benefits, only for employees included in pooling arrangements under this subsection. Optional benefit plans may not include employee beneficiary accounts that can be liquidated by the employee on termination of employment. Optional benefit plans may be offered only if: (a) The school district pools benefit allocations among employees using a pooling arrangement that includes at least one employee bargaining unit and/or all nonbargaining group employees; (b) Each full-time employee included in the pooling arrangement is offered basic benefits, including coverage for dependents, without a payroll deduction for premium charges; (c) Each full-time employee included in the pooling arrangement, regardless of the number of dependents receiving basic coverage, receives the same additional employer contribution for other coverage or optional benefits; and (d) For part-time employees included in the pooling arrangement, participation in optional benefit plans shall be governed by the same eligibility criteria and/or proration of employer contributions used for allocations for basic benefits. (3) Savings accruing to school districts due to limitations on benefit options under this section shall be pooled and made available by the districts to reduce out-of-pocket premium expenses for employees needing basic coverage for dependents. School districts are not intended to divert state benefit allocations for other purposes. [1990 1st ex.s. c 11 § 6.] 28A.400.280 Intent—1990 1st ex.s. c 11: See note following RCW 28A.400.200. 28A.400.285 Contracts for services performed by classified employees. (1) When a school district or educational service district enters into a contract for services that had been previously performed by classified school employees, the contract shall contain a specific clause requiring the contractor to provide for persons performing such services under the contract, health benefits that are similar to those provided for school employees who would otherwise perform the work, but in no case are such health benefits required to be greater than the benefits provided for basic health care services under chapter 70.47 RCW. (2) Decisions to enter into contracts for services by a school district or educational service district may only be made: (a) After the affected district has conducted a feasibil28A.400.285 (2008 Ed.) Employees ity study determining the potential costs and benefits, including the impact on district employees who would otherwise perform the work, that would result from contracting for the services; (b) after the decision to contract for the services has been reviewed and approved by the superintendent of public instruction; and (c) subject to any applicable requirements for collective bargaining. The factors to be considered in the feasibility study shall be developed in consultation with representatives of the affected employees and may include both long-term and short-term effects of the proposal to contract for services. (3) This section applies only if a contract is for services performed by classified school employees on or after July 25, 1993. (4) This section does not apply to: (a) Temporary, nonongoing, or nonrecurring service contracts; or (b) Contracts for services previously performed by employees in director/supervisor, professional, and technical positions. (5) For the purposes of subsection (4) of this section: (a) "Director/supervisor position" means a position in which an employee directs staff members and manages a function, a program, or a support service. (b) "Professional position" means a position for which an employee is required to have a high degree of knowledge and skills acquired through a baccalaureate degree or its equivalent. (c) "Technical position" means a position for which an employee is required to have a combination of knowledge and skills that can be obtained through approximately two years of posthigh school education, such as from a community or technical college, or by on-the-job training. [1997 c 267 § 2; 1993 c 349 § 1.] HIRING AND DISCHARGE 28A.400.300 Hiring and discharging of employees— Written leave policies—Seniority and leave benefits of employees transferring between school districts. Every board of directors, unless otherwise specially provided by law, shall: (1) Employ for not more than one year, and for sufficient cause discharge all certificated and classified employees; (2) Adopt written policies granting leaves to persons under contracts of employment with the school district(s) in positions requiring either certification or classified qualifications, including but not limited to leaves for attendance at official or private institutes and conferences and sabbatical leaves for employees in positions requiring certification qualification, and leaves for illness, injury, bereavement and, emergencies for both certificated and classified employees, and with such compensation as the board of directors prescribe: PROVIDED, That the board of directors shall adopt written policies granting to such persons annual leave with compensation for illness, injury and emergencies as follows: (a) For such persons under contract with the school district for a full year, at least ten days; (b) For such persons under contract with the school district as part time employees, at least that portion of ten days 28A.400.300 (2008 Ed.) 28A.400.300 as the total number of days contracted for bears to one hundred eighty days; (c) For certificated and classified employees, annual leave with compensation for illness, injury, and emergencies shall be granted and accrue at a rate not to exceed twelve days per year; provisions of any contract in force on June 12, 1980, which conflict with requirements of this subsection shall continue in effect until contract expiration; after expiration, any new contract executed between the parties shall be consistent with this subsection; (d) Compensation for leave for illness or injury actually taken shall be the same as the compensation such person would have received had such person not taken the leave provided in this proviso; (e) Leave provided in this proviso not taken shall accumulate from year to year up to a maximum of one hundred eighty days for the purposes of RCW 28A.400.210 and 28A.400.220, and for leave purposes up to a maximum of the number of contract days agreed to in a given contract, but not greater than one year. Such accumulated time may be taken at any time during the school year or up to twelve days per year may be used for the purpose of payments for unused sick leave; (f) Sick leave heretofore accumulated under section 1, chapter 195, Laws of 1959 (former RCW 28.58.430) and sick leave accumulated under administrative practice of school districts prior to the effective date of section 1, chapter 195, Laws of 1959 (former RCW 28.58.430) is hereby declared valid, and shall be added to leave for illness or injury accumulated under this proviso; (g) Any leave for injury or illness accumulated up to a maximum of forty-five days shall be creditable as service rendered for the purpose of determining the time at which an employee is eligible to retire, if such leave is taken it may not be compensated under the provisions of RCW 28A.400.210 and 28A.310.490; (h) Accumulated leave under this proviso shall be transferred to and from one district to another, the office of superintendent of public instruction, offices of educational service district superintendents and boards, institutions of higher education, and community and technical colleges, to and from such districts, offices, institutions of higher education, and community and technical colleges; (i) Leave accumulated by a person in a district prior to leaving said district may, under rules and regulations of the board, be granted to such person when the person returns to the employment of the district. When any certificated or classified employee leaves one school district within the state and commences employment with another school district within the state, the employee shall retain the same seniority, leave benefits and other benefits that the employee had in his or her previous position: PROVIDED, That classified employees who transfer between districts after July 28, 1985, shall not retain any seniority rights other than longevity when leaving one school district and beginning employment with another. If the school district to which the person transfers has a different system for computing seniority, leave benefits, and other benefits, then the employee shall be granted the same seniority, leave benefits and other benefits as a person in that district who has similar occupational status and total years of [Title 28A RCW—page 169] 28A.400.301 Title 28A RCW: Common School Provisions service. [2008 c 174 § 2; 1997 c 13 § 10; 1990 c 33 § 382. Prior: 1985 c 210 § 1; 1985 c 46 § 1; 1983 c 275 § 3. Formerly RCW 28A.58.099.] Intent—Construction—1983 c 275: See note following RCW 28A.400.210. 28A.400.301 Information on past sexual misconduct—Requirement for applicants—Limitation on contracts and agreements—Employee right to review personnel file. (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Applicant" means an applicant for employment in a certificated or classified position who is currently or was previously employed by a school district. (b) "Employer" means a school district employer. (2) Before hiring an applicant, a school district shall request the applicant to sign a statement: (a) Authorizing the applicant’s current and past employers, including employers outside of Washington state, to disclose to the hiring school district sexual misconduct, if any, by the applicant and making available to the hiring school district copies of all documents in the previous employer’s personnel, investigative, or other files relating to sexual misconduct by the applicant; and (b) Releasing the applicant’s current and past employers, and employees acting on behalf of that employer, from any liability for providing information described in (a) of this subsection, as provided in subsection (4) of this section. (3) Before hiring an applicant, a school district shall request in writing, electronic or otherwise, the applicant’s current and past employers, including out-of-state employers, to provide the information described in subsection (2)(a) of this section, if any. The request shall include a copy of the statement signed by the applicant under subsection (2) of this section. (4) Not later than twenty business days after receiving a request under subsection (3) of this section, a school district shall provide the information requested and make available to the requesting school district copies of all documents in the applicant’s personnel record relating to the sexual misconduct. The school district, or an employee acting on behalf of the school district, who in good faith discloses information under this section is immune from civil liability for the disclosure. (5) A hiring district shall request from the office of the superintendent of public instruction verification of certification status, including information relating to sexual misconduct as established by the provisions of subsection (11) of this section, if any, for applicants for certificated employment. (6) A school district shall not hire an applicant who does not sign the statement described in subsection (2) of this section. (7) School districts may employ applicants on a conditional basis pending the district’s review of information obtained under this section. When requests are sent to out-ofstate employers under subsection (3) of this section, an applicant who has signed the statement described in subsection (2) of this section, shall not be prevented from gaining employment in Washington public schools if the laws or policies of 28A.400.301 [Title 28A RCW—page 170] that other state prevent documents from being made available to Washington state school districts or if the out-of-state school district fails or refuses to cooperate with the request. (8) Information received under this section shall be used by a school district only for the purpose of evaluating an applicant’s qualifications for employment in the position for which he or she has applied. Except as otherwise provided by law, a board member or employee of a school district shall not disclose the information to any person, other than the applicant, who is not directly involved in the process of evaluating the applicant’s qualifications for employment. A person who violates this subsection is guilty of a misdemeanor. (9) Beginning September 1, 2004, the board or an official of a school district shall not enter into a collective bargaining agreement, individual employment contract, resignation agreement, severance agreement, or any other contract or agreement that has the effect of suppressing information about verbal or physical abuse or sexual misconduct by a present or former employee or of expunging information about that abuse or sexual misconduct from any documents in the previous employer’s personnel, investigative, or other files relating to verbal or physical abuse or sexual misconduct by the applicant. Any provision of a contract or agreement that is contrary to this subsection is void and unenforceable, and may not be withheld from disclosure by the entry of any administrative or court order. This subsection does not restrict the expungement from a personnel file of information about alleged verbal or physical abuse or sexual misconduct that has not been substantiated. (10) This section does not prevent a school district from requesting or requiring an applicant to provide information other than that described in this section. (11) By September 1, 2004, the state board of education has the authority to and shall adopt rules defining "verbal abuse," "physical abuse," and "sexual misconduct" as used in this section for application to all classified and certificated employees. The definitions of verbal and physical abuse and sexual misconduct adopted by the state board of education must include the requirement that the school district has made a determination that there is sufficient information to conclude that the abuse or misconduct occurred and that the abuse or misconduct resulted in the employee’s leaving his or her position at the school district. (12) Except as limited by chapter 49.12 RCW, at the conclusion of a school district’s investigation, a school employee has the right to review his or her entire personnel file, investigative file, or other file maintained by the school district relating to sexual misconduct as addressed in this section and to attach rebuttals to any documents as the employee deems necessary. Rebuttal documents shall be disclosed in the same manner as the documents to which they are attached. The provisions of this subsection do not supercede the protections provided individuals under the state whistleblower laws in chapter 42.41 RCW. [2005 c 266 § 1; 2004 c 29 § 2.] Findings—2004 c 29: "The legislature recognizes that state law requires criminal background checks of applicants for school district employment. However, the legislature finds that, because they generally are limited to criminal conviction histories, results of background checks are more complete when supplemented by an applicant’s history of past sexual misconduct. Therefore, the legislature finds that additional safeguards are necessary in the hiring of school district employees to ensure the safety of (2008 Ed.) Employees Washington’s school children. In order to provide the safest educational environment for children, school districts must provide known information regarding employees’ sexual misconduct when those employees attempt to transfer to different school districts." [2004 c 29 § 1.] 28A.400.303 Record checks for employees. (1) School districts, educational service districts, the state school for the deaf, the state school for the blind, and their contractors hiring employees who will have regularly scheduled unsupervised access to children shall require a record check through the Washington state patrol criminal identification system under RCW 43.43.830 through 43.43.834, 10.97.030, and 10.97.050 and through the federal bureau of investigation before hiring an employee. The record check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card. The requesting entity shall provide a copy of the record report to the applicant. When necessary, applicants may be employed on a conditional basis pending completion of the investigation. If the applicant has had a record check within the previous two years, the district, the state school for the deaf, the state school for the blind, or contractor may waive the requirement. Except as provided in subsection (2) of this section, the district, pursuant to chapter 41.59 or 41.56 RCW, the state school for the deaf, the state school for the blind, or contractor hiring the employee shall determine who shall pay costs associated with the record check. (2) Federal bureau of Indian affairs-funded schools may use the process in subsection (1) of this section to perform record checks for their employees and applicants for employment. [2007 c 35 § 1; 2001 c 296 § 3; 1992 c 159 § 2.] 28A.400.303 Intent—2001 c 296: See note following RCW 9.96A.060. Findings—1992 c 159: "The legislature finds that additional safeguards are necessary to ensure the safety of Washington’s school children. The legislature further finds that the results from state patrol record checks are more complete when fingerprints of individuals are provided, and that information from the federal bureau of investigation also is necessary to obtain information on out-of-state criminal records. The legislature further finds that confidentiality safeguards in state law are in place to ensure that the rights of applicants for certification or jobs and newly hired employees are protected." [1992 c 159 § 1.] Criminal history record information—School volunteers: RCW 28A.320.155. 28A.400.317 Indian affairs-funded schools. [2007 c 35 § 2; 2001 c 296 § 4; 1996 c 126 § 5.] Intent—2001 c 296: See note following RCW 9.96A.060. Effective date—1996 c 126: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 21, 1996]." [1996 c 126 § 7.] 28A.400.306 Fingerprints accepted by the state patrol—Fingerprints forwarded to the federal bureau of investigation—Conditions. The state patrol shall accept fingerprints obtained under this chapter only if it can ensure that the patrol will not retain a record of the fingerprints after the check is complete. It shall not forward fingerprints obtained under this chapter to the federal bureau of investigation unless it can ensure that the federal bureau of investigation will not retain a record of the fingerprints after the check is complete. [1995 c 335 § 504; 1992 c 159 § 9.] 28A.400.306 Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360. Findings—1992 c 159: See note following RCW 28A.400.303. 28A.400.310 Law against discrimination applicable to districts’ employment practices. The provisions of chapter 49.60 RCW as now or hereafter amended shall be applicable to the employment of any certificated or classified employee by any school district organized in this state. [1997 c 13 § 11; 1969 ex.s. c 223 § 28A.02.050. Prior: (i) 1937 c 52 § 1; RRS § 4693-1. Formerly RCW 28.02.050. (ii) 1937 c 52 § 2; RRS § 4693-2. Formerly RCW 28A.02.050, 28.02.051.] 28A.400.310 28A.400.315 Employment contracts. Employment contracts entered into between an employer and a superintendent, or administrator as defined in RCW 28A.405.230, under RCW 28A.400.010, 28A.400.300, or 28A.405.210: (1) Shall end no later than June 30th of the calendar year that the contract expires except that, a contract entered into after June 30th of a given year may expire during that same calendar year; and (2) Shall not be revised or entered into retroactively. [1990 c 8 § 6.] 28A.400.315 Findings—1990 c 8: See note following RCW 41.50.065. 28A.400.305 Record check information—Access— Rules. The superintendent of public instruction shall adopt rules as necessary under chapter 34.05 RCW on record check information. The rules shall include, but not be limited to the following: (1) Written procedures providing a school district, state school for the deaf, state school for the blind, or federal bureau of Indian affairs-funded school employee or applicant for certification or employment access to and review of information obtained based on the record check required under RCW 28A.400.303; and (2) Written procedures limiting access to the superintendent of public instruction record check database to only those individuals processing record check information at the office of the superintendent of public instruction, the appropriate school district or districts, the state school for the deaf, the state school for the blind, the appropriate educational service district or districts, and the appropriate federal bureau of 28A.400.305 (2008 Ed.) 28A.400.317 Physical abuse or sexual misconduct by school employees—Duty to report—Training. (1) A certificated or classified school employee who has knowledge or reasonable cause to believe that a student has been a victim of physical abuse or sexual misconduct by another school employee, shall report such abuse or misconduct to the appropriate school administrator. The school administrator shall cause a report to be made to the proper law enforcement agency if he or she has reasonable cause to believe that the misconduct or abuse has occurred as required under RCW 26.44.030. During the process of making a reasonable cause determination, the school administrator shall contact all parties involved in the complaint. (2) Certificated and classified school employees shall receive training regarding their reporting obligations under state law in their orientation training when hired and then every three years thereafter. The training required under this 28A.400.317 [Title 28A RCW—page 171] 28A.400.320 Title 28A RCW: Common School Provisions subsection shall take place within existing training programs and related resources. (3) Nothing in this section changes any of the duties established under RCW 26.44.030. [2004 c 135 § 1.] 28A.400.320 28A.400.320 Crimes against children—Mandatory termination of classified employees—Appeal. (1) The school district board of directors shall immediately terminate the employment of any classified employee who has contact with children during the course of his or her employment upon a guilty plea or conviction of any felony crime involving the physical neglect of a child under chapter 9A.42 RCW, the physical injury or death of a child under chapter 9A.32 or 9A.36 RCW (except motor vehicle violations under chapter 46.61 RCW), sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor under chapter 9A.88 RCW, the sale or purchase of a minor child under RCW 9A.64.030, or violation of similar laws of another jurisdiction. (2) The employee shall have a right of appeal under chapter 28A.645 RCW including any right of appeal under a collective bargaining agreement. [1990 c 33 § 383; 1989 c 320 § 3. Formerly RCW 28A.58.1001.] Severability—1989 c 320: See note following RCW 28A.410.090. Crimes against children—Notification of conviction or guilty plea of school employee: RCW 43.43.845. 28A.400.330 28A.400.330 Crimes against children—Contractor employees—Termination of contract. The school district board of directors shall include in any contract for services with an entity or individual other than an employee of the school district a provision requiring the contractor to prohibit any employee of the contractor from working at a public school who has contact with children at a public school during the course of his or her employment and who has pled guilty to or been convicted of any felony crime involving the physical neglect of a child under chapter 9A.42 RCW, the physical injury or death of a child under chapter 9A.32 or 9A.36 RCW (except motor vehicle violations under chapter 46.61 RCW), sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor under chapter 9A.88 RCW, the sale or purchase of a minor child under RCW 9A.64.030, or violation of similar laws of another jurisdiction. The contract shall also contain a provision that any failure to comply with this section shall be grounds for the school district immediately terminating the contract. [1989 c 320 § 4. Formerly RCW 28A.58.1002.] Severability—1989 c 320: See note following RCW 28A.410.090. 28A.400.340 28A.400.340 Notice of discharge to contain notice of right to appeal if available. Any notice of discharge given to a classified or certificated employee, if that employee has a right to appeal the discharge, shall contain notice of that right, notice that a description of the appeal process is available, and how the description of the appeal process may be obtained. [1991 c 102 § 1.] [Title 28A RCW—page 172] INSURANCE 28A.400.350 Liability, life, health, health care, accident, disability, and salary insurance authorized—When required—Premiums. (1) The board of directors of any of the state’s school districts or educational service districts may make available liability, life, health, health care, accident, disability and salary protection or insurance or any one of, or a combination of the enumerated types of insurance, or any other type of insurance or protection, for the members of the boards of directors, the students, and employees of the school district or educational service district, and their dependents. Such coverage may be provided by contracts with private carriers, with the state health care authority after July 1, 1990, pursuant to the approval of the authority administrator, or through self-insurance or self-funding pursuant to chapter 48.62 RCW, or in any other manner authorized by law. (2) Whenever funds are available for these purposes the board of directors of the school district or educational service district may contribute all or a part of the cost of such protection or insurance for the employees of their respective school districts or educational service districts and their dependents. The premiums on such liability insurance shall be borne by the school district or educational service district. After October 1, 1990, school districts may not contribute to any employee protection or insurance other than liability insurance unless the district’s employee benefit plan conforms to RCW 28A.400.275 and 28A.400.280. (3) For school board members, educational service district board members, and students, the premiums due on such protection or insurance shall be borne by the assenting school board member, educational service district board member, or student. The school district or educational service district may contribute all or part of the costs, including the premiums, of life, health, health care, accident or disability insurance which shall be offered to all students participating in interschool activities on the behalf of or as representative of their school, school district, or educational service district. The school district board of directors and the educational service district board may require any student participating in extracurricular interschool activities to, as a condition of participation, document evidence of insurance or purchase insurance that will provide adequate coverage, as determined by the school district board of directors or the educational service district board, for medical expenses incurred as a result of injury sustained while participating in the extracurricular activity. In establishing such a requirement, the district shall adopt regulations for waiving or reducing the premiums of such coverage as may be offered through the school district or educational service district to students participating in extracurricular activities, for those students whose families, by reason of their low income, would have difficulty paying the entire amount of such insurance premiums. The district board shall adopt regulations for waiving or reducing the insurance coverage requirements for low-income students in order to assure such students are not prohibited from participating in extracurricular interschool activities. (4) All contracts for insurance or protection written to take advantage of the provisions of this section shall provide that the beneficiaries of such contracts may utilize on an equal participation basis the services of those practitioners 28A.400.350 (2008 Ed.) Employees 28A.400.395 licensed pursuant to chapters 18.22, 18.25, 18.53, 18.57, and 18.71 RCW. [2001 c 266 § 2. Prior: 1995 1st sp.s. c 6 § 18; 1995 c 126 § 1; 1993 c 492 § 226; prior: 1990 1st ex.s. c 11 § 3; 1990 c 74 § 1; 1988 c 107 § 16; 1985 c 277 § 8; 1977 ex.s. c 255 § 1; 1973 1st ex.s. c 9 § 1; 1971 ex.s. c 269 § 2; 1971 c 8 § 3; 1969 ex.s. c 237 § 3; 1969 ex.s. c 223 § 28A.58.420; prior: 1967 c 135 § 2, part; 1959 c 187 § 1, part. Formerly RCW 28A.58.420, 28.76.410, part.] standards: (1) Establishing appropriate parameters for the program which are consistent with the provisions of RCW 41.04.650 through 41.04.665; and (2) establishing procedures to ensure that the program does not significantly increase the cost of providing leave. [1997 c 13 § 12; 1990 c 23 § 4; 1989 c 93 § 6. Formerly RCW 28A.58.0991.] Effective date—1995 1st sp.s. c 6: See note following RCW 28A.400.410. 28A.400.391 Insurance for retired and disabled employees—Application—Rules. (1) Every group disability insurance policy, health care service contract, health maintenance agreement, and health and welfare benefit plan obtained or created to provide benefits to employees of school districts and their dependents shall contain provisions that permit retired and disabled employees to continue medical, dental, or vision coverage under the group policy, contract, agreement, or plan until September 30, 1993, or until the employee becomes eligible for federal medicare coverage, whichever occurs first. The terms and conditions for election and maintenance of such continued coverage shall conform to the standards established under the federal consolidated omnibus budget reconciliation act of 1985, as amended. The period of continued coverage provided under this section shall run concurrently with any period of coverage guaranteed under the federal consolidated omnibus budget reconciliation act of 1985, as amended. (2) This section applies to: (a) School district employees who retired or lost insurance coverage due to disability after July 28, 1991; (b) School district employees who retired or lost insurance coverage due to disability within the eighteen-month period ending on July 28, 1991; and (c) School district employees who retired or lost insurance coverage due to disability prior to January 28, 1990, and who were covered by their employing district’s insurance plan on January 1, 1991. (3) For the purposes of this section "retired employee" means an employee who separates from district service and is eligible at the time of separation from service to receive, immediately following separation from service, a retirement allowance under chapter 41.32 or 41.40 RCW. (4) The superintendent of public instruction shall adopt administrative rules to implement this section. [1993 c 386 § 2; 1992 c 152 § 1.] Findings—Intent—1993 c 492: See notes following RCW 43.72.005. Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915. Intent—1990 1st ex.s. c 11: See note following RCW 28A.400.200. Implementation—Effective dates—1988 c 107: See RCW 41.05.901. Retrospective application—1985 c 277: See note following RCW 48.01.050. Severability—1971 ex.s. c 269: "If any provision of this 1971 act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1971 ex.s. c 269 § 4.] Hospitalization and medical insurance authorized: RCW 41.04.180. Operation of student transportation program responsibility of local dist r i c t — S c o p e — T ra n s p o rt i n g o f e l d e rl y — In s u ra n c e : R C W 28A.160.010. Retirement allowance deductions for health care benefit plans: RCW 41.04.235. 28A.400.360 Liability insurance for officials and employees authorized. The board of directors of each school district may purchase liability insurance with such limits as they may deem reasonable for the purpose of protecting their officials and employees against liability for personal or bodily injuries and property damage arising from their acts or omissions while performing or in good faith purporting to perform their official duties. [1973 c 125 § 1. Formerly RCW 28A.58.423.] 28A.400.360 28A.400.370 Mandatory insurance protection for employees. Notwithstanding any other provision of law, after August 9, 1971 boards of directors of all school districts shall provide their employees with insurance protection covering those employees while engaged in the maintenance of order and discipline and the protection of school personnel and students and the property thereof when that is deemed necessary by such employees. Such insurance protection must include as a minimum, liability insurance covering injury to persons and property, and insurance protecting those employees from loss or damage of their personal property incurred while so engaged. [1971 ex.s. c 269 § 1. Formerly RCW 28A.58.425.] 28A.400.370 Seve ra bi li ty—1 971 e x.s. c 269 : Se e no te fo llo wing R CW 28A.400.350. 28A.400.380 Leave sharing program. Every school district board of directors and educational service district superintendent may, in accordance with RCW 41.04.650 through 41.04.665, establish and administer a leave sharing program for their certificated and classified employees. For employees of school districts and educational service districts, the superintendent of public instruction shall adopt 28A.400.380 (2008 Ed.) Severability—1989 c 93: See note following RCW 41.04.650. 28A.400.391 Intent—1993 c 386: "It is the legislature’s intent to increase access to health insurance for retired and disabled school employees and also to improve equity between state employees and school employees by providing for the reduction of health insurance premiums charged to retired school employees through a subsidy charged against health insurance allocations for active employees. It is further the legislature’s intent to improve the costeffectiveness of state-purchased health care by managing programs for public employees, in this case retired school employees, through the state health care authority." [1993 c 386 § 1.] Effective date—1993 c 386 §§ 1, 2, 4-6, 8-10, and 12-16: "Sections 1, 2, 4 through 6, 8 through 10, and 12 through 16 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 15, 1993]." [1993 c 386 § 18.] 28A.400.395 Insurance for retired employees and their dependents—Method of payment of premium. A group disability insurance policy, health care service contract, health maintenance agreement, or health and welfare 28A.400.395 [Title 28A RCW—page 173] 28A.400.400 Title 28A RCW: Common School Provisions benefit plan that provides benefits to retired school district employees and eligible dependents shall not require the beneficiary to make payment by monthly deduction from the beneficiary’s state retirement allowance if the payment exceeds the retirement allowance. In such cases, the payment may be made directly by the individual beneficiary. [1992 c 152 § 3.] 28A.405.250 28A.405.260 HIRING AND DISCHARGE 28A.405.300 28A.405.310 28A.400.400 District contributions to the public employees’ and retirees’ insurance account. 28A.405.320 Reviser’s note: RCW 28A.400.400 was amended by 1994 c 153 § 11 without reference to its repeal by 1994 c 153 § 15, effective October 1, 1995. It has been decodified for publication purposes pursuant to RCW 1.12.025. 28A.405.330 28A.400.400 28A.400.410 Payment to the public employees’ and retirees’ insurance account. (1) In a manner prescribed by the state health care authority, school districts and educational service districts shall remit to the health care authority for deposit in the public employees’ and retirees’ insurance account established in RCW 41.05.120 the amount specified for remittance in the omnibus appropriations act. (2) The remittance requirements specified in this section shall not apply to employees of a school district or educational service district who receive insurance benefits through contracts with the health care authority. [1995 1st sp.s. c 6 § 1.] 28A.400.410 Effective date—1995 1st sp.s. c 6: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995." [1995 1st sp.s. c 6 § 23.] Chapter 28A.405 Chapter 28A.405 RCW CERTIFICATED EMPLOYEES Sections QUALIFICATIONS 28A.405.030 28A.405.040 28A.405.060 28A.405.070 Must teach morality and patriotism. Disqualification for failure to emphasize patriotism—Penalty. Course of study and regulations—Enforcement—Withholding salary warrant for failure. Job sharing. CRITERIA FOR EVALUATION AND MODEL PROGRAMS 28A.405.100 28A.405.110 28A.405.120 28A.405.130 28A.405.140 Minimum criteria for the evaluation of certificated employees, including administrators—Procedure— Scope—Penalty. Evaluations—Legislative findings. Training for evaluators. Training in evaluation procedures required. Assistance for teacher may be required after evaluation. Certificated employees, applicants for certificated position, not to be discriminated against—Right to inspect personnel file. Use of false academic credentials—Penalties. 28A.405.340 28A.405.350 28A.405.360 28A.405.370 28A.405.380 Adverse change in contract status of certificated employee—Determination of probable cause— Notice—Opportunity for hearing. Adverse change in contract status of certificated employee, including nonrenewal of contract—Hearings—Procedure. Adverse change in contract status of certificated employee, including nonrenewal of contract—Appeal from—Notice—Service—Filing—Contents. Adverse change in contract status of certificated employee, including nonrenewal of contract—Appeal from—Certification and filing with court of transcript. Adverse change in contract status of certificated employee, including nonrenewal of contract—Appeal from—Scope. Adverse change in contract status of certificated employee, including nonrenewal of contract—Appeal from—Costs, attorney’s fee and damages. Adverse change in contract status of certificated employee, including nonrenewal of contract—Appellate review. Adverse change in contract status of certificated employee, including nonrenewal of contract—Appeal from—Other statutes not applicable. Adverse change in contract status of certificated employee, including nonrenewal of contract—Appeal from—Direct judicial appeal, when. SALARY AND COMPENSATION 28A.405.400 28A.405.410 28A.405.415 Payroll deductions authorized for employees. Payroll deductions authorized for certificated employees—Savings. Bonuses—National board for professional standards certification. MISCELLANEOUS PROVISIONS 28A.405.460 28A.405.465 28A.405.466 Lunch period for certificated employees. Use of classified personnel to supervise in noninstructional activities. Presence of certificated personnel at schools before and after school—Policy. TERMINATION OF CERTIFICATED STAFF 28A.405.470 28A.405.900 Crimes against children—Mandatory termination of certificated employees—Appeal. Certain certificated employees exempt from chapter provisions. Assistance of certificated or classified employee—Reimbursement for substitute: RCW 28A.300.035. Conditional scholarship and loan repayment program for future teachers: Chapter 28B.102 RCW. Educational employment relations act: Chapter 41.59 RCW. QUALIFICATIONS CONDITIONS AND CONTRACTS OF EMPLOYMENT 28A.405.030 Must teach morality and patriotism. It shall be the duty of all teachers to endeavor to impress on the minds of their pupils the principles of morality, truth, justice, temperance, humanity and patriotism; to teach them to avoid idleness, profanity and falsehood; to instruct them in the principles of free government, and to train them up to the true comprehension of the rights, duty and dignity of American citizenship. [1969 ex.s. c 223 § 28A.67.110. Prior: 1909 c 97 p 308 § 8; RRS § 4855; prior: 1897 c 118 § 58; 1890 p 371 § 42; 1886 p 19 § 50; Code 1881 § 3203. Formerly RCW 28A.67.110, 28.67.110.] 28A.405.030 28A.405.200 28A.405.210 28A.405.220 28A.405.230 28A.405.240 Annual salary schedules as basis for salaries of certificated employees. Conditions and contracts of employment—Determination of probable cause for nonrenewal of contracts—Nonrenewal due to enrollment decline or revenue loss— Notice—Opportunity for hearing. Conditions and contracts of employment—Nonrenewal of provisional employees—Notice—Procedure. Conditions and contracts of employment—Transfer of administrator to subordinate certificated position— Notice—Procedure. Conditions and contracts of employment—Supplemental contracts, when—Continuing contract provisions not applicable to. [Title 28A RCW—page 174] (2008 Ed.) Certificated Employees 28A.405.040 Disqualification for failure to emphasize patriotism—Penalty. (1) No person, whose certificate or permit authorizing him or her to teach in the common schools of this state has been revoked due to his or her failure to endeavor to impress on the minds of his or her pupils the principles of patriotism, or to train them up to the true comprehension of the rights, duty and dignity of American citizenship, shall be permitted to teach in any common school in this state. (2) Any person teaching in any school in violation of this section, and any school director knowingly permitting any person to teach in any school in violation of this section is guilty of a misdemeanor. [2003 c 53 § 167; 1990 c 33 § 384; 1969 ex.s. c 223 § 28A.67.030. Prior: 1919 c 38 § 2; RRS § 4846. Formerly RCW 28A.67.030, 28.67.030.] 28A.405.040 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 28A.405.060 Course of study and regulations— Enforcement—Withholding salary warrant for failure. Certificated employees shall faithfully enforce in the common schools the course of study and regulations prescribed, whether regulations of the district, the superintendent of public instruction, or the state board of education, and shall furnish promptly all information relating to the common schools which may be requested by the educational service district superintendent. Any certificated employee who wilfully refuses or neglects to enforce the course of study or the rules and regulations as above in this section required, shall not be allowed by the directors any warrant for salary due until said person shall have complied with said requirements. [1975 1st ex.s. c 275 § 132; 1971 c 48 § 49; 1969 ex.s. c 223 § 28A.67.060. Prior: (i) 1909 c 97 p 307 § 4; RRS § 4850; prior: 1899 c 142 § 11; 1897 c 118 § 54; 1886 p 18 § 47. Formerly RCW 28.67.060. (ii) 1909 c 97 p 360 § 8; RRS § 5051; prior: 1903 c 156 § 8; 1897 c 118 § 166. Formerly RCW 28A.67.060, 28.87.150.] 28A.405.060 28A.405.070 Job sharing. Effective December 31, 1995, school and educational service districts shall have a policy on the sharing of jobs by district employees. [1995 c 335 § 701; 1989 c 206 § 1. Formerly RCW 28A.58.580.] 28A.405.070 Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360. CRITERIA FOR EVALUATION AND MODEL PROGRAMS 28A.405.100 Minimum criteria for the evaluation of certificated employees, including administrators—Procedure—Scope—Penalty. (1) The superintendent of public instruction shall establish and may amend from time to time minimum criteria for the evaluation of the professional performance capabilities and development of certificated classroom teachers and certificated support personnel. For classroom teachers the criteria shall be developed in the following categories: Instructional skill; classroom management, professional preparation and scholarship; effort toward improvement when needed; the handling of student discipline and 28A.405.100 (2008 Ed.) 28A.405.100 attendant problems; and interest in teaching pupils and knowledge of subject matter. Every board of directors shall, in accordance with procedure provided in RCW 41.59.010 through 41.59.170, 41.59.910 and 41.59.920, establish evaluative criteria and procedures for all certificated classroom teachers and certificated support personnel. The evaluative criteria must contain as a minimum the criteria established by the superintendent of public instruction pursuant to this section and must be prepared within six months following adoption of the superintendent of public instruction’s minimum criteria. The district must certify to the superintendent of public instruction that evaluative criteria have been so prepared by the district. Except as provided in subsection (5) of this section, it shall be the responsibility of a principal or his or her designee to evaluate all certificated personnel in his or her school. During each school year all classroom teachers and certificated support personnel, hereinafter referred to as "employees" in this section, shall be observed for the purposes of evaluation at least twice in the performance of their assigned duties. Total observation time for each employee for each school year shall be not less than sixty minutes. Following each observation, or series of observations, the principal or other evaluator shall promptly document the results of the observation in writing, and shall provide the employee with a copy thereof within three days after such report is prepared. New employees shall be observed at least once for a total observation time of thirty minutes during the first ninety calendar days of their employment period. At any time after October 15th, an employee whose work is judged unsatisfactory based on district evaluation criteria shall be notified in writing of the specific areas of deficiencies along with a reasonable program for improvement. During the period of probation, the employee may not be transferred from the supervision of the original evaluator. Improvement of performance or probable cause for nonrenewal must occur and be documented by the original evaluator before any consideration of a request for transfer or reassignment as contemplated by either the individual or the school district. A probationary period of sixty school days shall be established. The establishment of a probationary period does not adversely affect the contract status of an employee within the meaning of RCW 28A.405.300. The purpose of the probationary period is to give the employee opportunity to demonstrate improvements in his or her areas of deficiency. The establishment of the probationary period and the giving of the notice to the employee of deficiency shall be by the school district superintendent and need not be submitted to the board of directors for approval. During the probationary period the evaluator shall meet with the employee at least twice monthly to supervise and make a written evaluation of the progress, if any, made by the employee. The evaluator may authorize one additional certificated employee to evaluate the probationer and to aid the employee in improving his or her areas of deficiency; such additional certificated employee shall be immune from any civil liability that might otherwise be incurred or imposed with regard to the good faith performance of such evaluation. The probationer may be removed from probation if he or she has demonstrated improvement to the satisfaction of the principal in those areas specifically detailed in his or her initial [Title 28A RCW—page 175] 28A.405.110 Title 28A RCW: Common School Provisions notice of deficiency and subsequently detailed in his or her improvement program. Lack of necessary improvement during the established probationary period, as specifically documented in writing with notification to the probationer and shall constitute grounds for a finding of probable cause under RCW 28A.405.300 or 28A.405.210. Immediately following the completion of a probationary period that does not produce performance changes detailed in the initial notice of deficiencies and improvement program, the employee may be removed from his or her assignment and placed into an alternative assignment for the remainder of the school year. This reassignment may not displace another employee nor may it adversely affect the probationary employee’s compensation or benefits for the remainder of the employee’s contract year. If such reassignment is not possible, the district may, at its option, place the employee on paid leave for the balance of the contract term. (2) Every board of directors shall establish evaluative criteria and procedures for all superintendents, principals, and other administrators. It shall be the responsibility of the district superintendent or his or her designee to evaluate all administrators. Such evaluation shall be based on the administrative position job description. Such criteria, when applicable, shall include at least the following categories: Knowledge of, experience in, and training in recognizing good professional performance, capabilities and development; school administration and management; school finance; professional preparation and scholarship; effort toward improvement when needed; interest in pupils, employees, patrons and subjects taught in school; leadership; and ability and performance of evaluation of school personnel. (3) Each certificated employee shall have the opportunity for confidential conferences with his or her immediate supervisor on no less than two occasions in each school year. Such confidential conference shall have as its sole purpose the aiding of the administrator in his or her assessment of the employee’s professional performance. (4) The failure of any evaluator to evaluate or supervise or cause the evaluation or supervision of certificated employees or administrators in accordance with this section, as now or hereafter amended, when it is his or her specific assigned or delegated responsibility to do so, shall be sufficient cause for the nonrenewal of any such evaluator’s contract under RCW 28A.405.210, or the discharge of such evaluator under RCW 28A.405.300. (5) After an employee has four years of satisfactory evaluations under subsection (1) of this section, a school district may use a short form of evaluation, a locally bargained evaluation emphasizing professional growth, an evaluation under subsection (1) of this section, or any combination thereof. The short form of evaluation shall include either a thirty minute observation during the school year with a written summary or a final annual written evaluation based on the criteria in subsection (1) of this section and based on at least two observation periods during the school year totaling at least sixty minutes without a written summary of such observations being prepared. However, the evaluation process set forth in subsection (1) of this section shall be followed at least once every three years unless this time is extended by a local school district under the bargaining process set forth in chapter 41.59 RCW. The employee or evaluator may require [Title 28A RCW—page 176] that the evaluation process set forth in subsection (1) of this section be conducted in any given school year. No evaluation other than the evaluation authorized under subsection (1) of this section may be used as a basis for determining that an employee’s work is unsatisfactory under subsection (1) of this section or as probable cause for the nonrenewal of an employee’s contract under RCW 28A.405.210 unless an evaluation process developed under chapter 41.59 RCW determines otherwise. [1997 c 278 § 1; 1994 c 115 § 1; 1990 c 33 § 386; 1985 c 420 § 6; 1975-’76 2nd ex.s. c 114 § 3; 1975 1st ex.s. c 288 § 22; 1969 ex.s. c 34 § 22. Formerly RCW 28A.67.065.] Effective date—1994 c 115: "This act shall take effect September 1, 1994." [1994 c 115 § 2.] Severability—1985 c 420: See note following RCW 28A.405.110. Savings—Severability—1975-’76 2nd ex.s. c 114: See notes following RCW 28A.400.010. Effective date—1975 1st ex.s. c 288: See RCW 41.59.940. Severability—1975 1st ex.s. c 288: See RCW 41.59.950. Construction of chapter—Employee’s rights preserved: See RCW 41.59.920. Construction of chapter—Employer’s responsibilities and rights preserved: See RCW 41.59.930. Criteria used for evaluation of staff members to be included in guide: RCW 28A.150.230. 28A.405.110 Evaluations—Legislative findings. The legislature recognizes the importance of teachers in the educational system. Teachers are the fundamental element in assuring a quality education for the state’s and the nation’s children. Teachers, through their direct contact with children, have a great impact on the development of the child. The legislature finds that this important role of the teacher requires an assurance that teachers are as successful as possible in attaining the goal of a well-educated society. The legislature finds, therefore, that the evaluation of those persons seeking to enter the teaching profession is no less important than the evaluation of those persons currently teaching. The evaluation of persons seeking teaching credentials should be strenuous while making accommodations uniquely appropriate to the applicants. Strenuous teacher training and preparation should be complemented by examinations of prospective teachers prior to candidates being granted official certification by the professional educator standards board. Teacher preparation program entrance evaluations, teacher training, teacher preparation program exit examinations, official certification, in-service training, and ongoing evaluations of individual progress and professional growth are all part of developing and maintaining a strong precertification and postcertification professional education system. The legislature further finds that an evaluation system for teachers has the following elements, goals, and objectives: (1) An evaluation system must be meaningful, helpful, and objective; (2) an evaluation system must encourage improvements in teaching skills, techniques, and abilities by identifying areas needing improvement; (3) an evaluation system must provide a mechanism to make meaningful distinctions among teachers and to acknowledge, recognize, and encourage superior teaching performance; and (4) an evaluation system must encourage respect in the evaluation process by the persons conducting the evaluations and the persons 28A.405.110 (2008 Ed.) Certificated Employees subject to the evaluations through recognizing the importance of objective standards and minimizing subjectivity. [2006 c 263 § 806; 1985 c 420 § 1. Formerly RCW 28A.67.205.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Contingency—Effective date—1985 c 420: "If specific funding for the purposes of this act, referencing this act by bill number, is not provided by the legislature by July 1, 1987, sections 1 through 5 and 7 through 10 of this act shall be null and void. This act shall be of no effect unless such specific funding is so provided. If such funding is so provided, this act shall take effect when the legislation providing the funding takes effect." [1985 c 420 § 11.] Reviser’s note: (1) 1985 ex.s. c 6 § 501 provides specific funding for the purposes of this act. (2) 1985 ex.s. c 6 took effect June 27, 1985. Severability—1985 c 420: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1985 c 420 § 12.] 28A.405.120 Training for evaluators. School districts shall require each administrator, each principal, or other supervisory personnel who has responsibility for evaluating classroom teachers to have training in evaluation procedures. [1995 c 335 § 401; 1985 c 420 § 3. Formerly RCW 28A.67.210.] 28A.405.120 Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360. Contingency—Effective date—Severability—1985 c 420: See notes following RCW 28A.405.110. 28A.405.130 Training in evaluation procedures required. No administrator, principal, or other supervisory personnel may evaluate a teacher without having received training in evaluation procedures. [1985 c 420 § 4. Formerly RCW 28A.67.215.] 28A.405.130 Effective date—1985 c 420 § 4: "Section 4 of this act shall take effect September 1, 1986." [1985 c 420 § 10.] Contingency—Effective date—Severability—1985 c 420: See notes following RCW 28A.405.110. 28A.405.140 Assistance for teacher may be required after evaluation. After an evaluation conducted pursuant to RCW 28A.405.100, the principal or the evaluator may require the teacher to take in-service training provided by the district in the area of teaching skills needing improvement, and may require the teacher to have a mentor for purposes of achieving such improvement. [1993 c 336 § 403; 1990 c 33 § 387; 1985 c 420 § 5. Formerly RCW 28A.67.220.] 28A.405.140 Findings—Intent—Part headings not law—1993 c 336: See notes following RCW 28A.150.210. Findings—1993 c 336: See note following RCW 28A.150.210. Contingency—Effective date—Severability—1985 c 420: See notes following RCW 28A.405.110. CONDITIONS AND CONTRACTS OF EMPLOYMENT 28A.405.200 Annual salary schedules as basis for salaries of certificated employees. Every school district by action of its board of directors shall adopt annual salary schedules and reproduce the same by printing, mimeographing or other reasonable method, which shall be the basis for 28A.405.200 (2008 Ed.) 28A.405.210 salaries for all certificated employees in the district. [1969 ex.s. c 283 § 1. Formerly RCW 28A.67.066, 28.67.066.] Seve ra bili ty— 1969 e x.s. c 283 : Se e no te fo llo wing R CW 28A.150.050. 28A.405.210 Conditions and contracts of employment—Determination of probable cause for nonrenewal of contracts—Nonrenewal due to enrollment decline or revenue loss—Notice—Opportunity for hearing. No teacher, principal, supervisor, superintendent, or other certificated employee, holding a position as such with a school district, hereinafter referred to as "employee", shall be employed except by written order of a majority of the directors of the district at a regular or special meeting thereof, nor unless he or she is the holder of an effective teacher’s certificate or other certificate required by law or the Washington professional educator standards board for the position for which the employee is employed. The board shall make with each employee employed by it a written contract, which shall be in conformity with the laws of this state, and except as otherwise provided by law, limited to a term of not more than one year. Every such contract shall be made in duplicate, one copy to be retained by the school district superintendent or secretary and one copy to be delivered to the employee. No contract shall be offered by any board for the employment of any employee who has previously signed an employment contract for that same term in another school district of the state of Washington unless such employee shall have been released from his or her obligations under such previous contract by the board of directors of the school district to which he or she was obligated. Any contract signed in violation of this provision shall be void. In the event it is determined that there is probable cause or causes that the employment contract of an employee should not be renewed by the district for the next ensuing term such employee shall be notified in writing on or before May 15th preceding the commencement of such term of that determination, or if the omnibus appropriations act has not passed the legislature by May 15th, then notification shall be no later than June 1st, which notification shall specify the cause or causes for nonrenewal of contract. Such determination of probable cause for certificated employees, other than the superintendent, shall be made by the superintendent. Such notice shall be served upon the employee personally, or by certified or registered mail, or by leaving a copy of the notice at the house of his or her usual abode with some person of suitable age and discretion then resident therein. Every such employee so notified, at his or her request made in writing and filed with the president, chair or secretary of the board of directors of the district within ten days after receiving such notice, shall be granted opportunity for hearing pursuant to RCW 28A.405.310 to determine whether there is sufficient cause or causes for nonrenewal of contract: PROVIDED, That any employee receiving notice of nonrenewal of contract due to an enrollment decline or loss of revenue may, in his or her request for a hearing, stipulate that initiation of the arrangements for a hearing officer as provided for by RCW 28A.405.310(4) shall occur within ten days following July 15 rather than the day that the employee submits the request for a hearing. If any such notification or opportunity for hearing is not timely given, the employee entitled thereto 28A.405.210 [Title 28A RCW—page 177] 28A.405.220 Title 28A RCW: Common School Provisions shall be conclusively presumed to have been reemployed by the district for the next ensuing term upon contractual terms identical with those which would have prevailed if his or her employment had actually been renewed by the board of directors for such ensuing term. This section shall not be applicable to "provisional employees" as so designated in RCW 28A.405.220; transfer to a subordinate certificated position as that procedure is set forth in RCW 28A.405.230 shall not be construed as a nonrenewal of contract for the purposes of this section. [2005 c 497 § 216; 1996 c 201 § 1; 1990 c 33 § 390. Prior: 1983 c 83 § 1; 1983 c 56 § 11; 1975-’76 2nd ex.s. c 114 § 4; 1975 1st ex.s. c 275 § 133; 1973 c 49 § 2; 1970 ex.s. c 15 § 16; prior: 1969 ex.s. c 176 § 143; 1969 ex.s. c 34 § 12; 1969 ex.s. c 15 § 2; 1969 ex.s. c 223 § 28A.67.070; prior: 1961 c 241 § 1; 1955 c 68 § 3; prior: (i) 1909 c 97 p 307 § 5; 1897 c 118 § 55; 1891 c 127 § 14; 1890 p 369 § 37; 1886 p 18 § 47; Code 1881 § 3200; RRS § 4851. (ii) 1943 c 52 § 1, part; 1941 c 179 § 1, part; 1939 c 131 § 1, part; 1925 ex.s. c 57 § 1, part; 1919 c 89 § 3, part; 1915 c 44 § 1, part; 1909 c 97 p 285 § 2, part; 1907 c 240 § 5, part; 1903 c 104 § 17, part; 1901 c 41 § 3, part; 1897 c 118 § 40, part; 1890 p 364 § 26, part; Rem. Supp. 1943 § 4776, part. Formerly RCW 28A.67.070, 28.67.070.] Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. Severability—1983 c 56: See note following RCW 28A.195.010. Savings—Severability—1975-’76 2nd ex.s. c 114: See notes following RCW 28A.400.010. Severability—1970 ex.s. c 15: See note following RCW 28A.230.160. Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010. Minimum criteria for the evaluation of certificated employees, including administrators—Procedure—Scope—Penalty: RCW 28A.405.100. School superintendent—RCW 28A.405.210 not applicable to contract renewal: RCW 28A.400.010. 28A.405.220 Conditions and contracts of employment—Nonrenewal of provisional employees—Notice— Procedure. Notwithstanding the provisions of RCW 28A.405.210, every person employed by a school district in a teaching or other nonsupervisory certificated position shall be subject to nonrenewal of employment contract as provided in this section during the first two years of employment by such district, unless the employee has previously completed at least two years of certificated employment in another school district in the state of Washington, in which case the employee shall be subject to nonrenewal of employment contract pursuant to this section during the first year of employment with the new district. Employees as defined in this section shall hereinafter be referred to as "provisional employees". In the event the superintendent of the school district determines that the employment contract of any provisional employee should not be renewed by the district for the next ensuing term such provisional employee shall be notified thereof in writing on or before May 15th preceding the commencement of such school term, or if the omnibus appropriations act has not passed the legislature by May 15th, then notification shall be no later than June 1st, which notification shall state the reason or reasons for such determination. Such notice shall be served upon the provisional employee person28A.405.220 [Title 28A RCW—page 178] ally, or by certified or registered mail, or by leaving a copy of the notice at the place of his or her usual abode with some person of suitable age and discretion then resident therein. The determination of the superintendent shall be subject to the evaluation requirements of RCW 28A.405.100. Every such provisional employee so notified, at his or her request made in writing and filed with the superintendent of the district within ten days after receiving such notice, shall be given the opportunity to meet informally with the superintendent for the purpose of requesting the superintendent to reconsider his or her decision. Such meeting shall be held no later than ten days following the receipt of such request, and the provisional employee shall be given written notice of the date, time and place of meeting at least three days prior thereto. At such meeting the provisional employee shall be given the opportunity to refute any facts upon which the superintendent’s determination was based and to make any argument in support of his or her request for reconsideration. Within ten days following the meeting with the provisional employee, the superintendent shall either reinstate the provisional employee or shall submit to the school district board of directors for consideration at its next regular meeting a written report recommending that the employment contract of the provisional employee be nonrenewed and stating the reason or reasons therefor. A copy of such report shall be delivered to the provisional employee at least three days prior to the scheduled meeting of the board of directors. In taking action upon the recommendation of the superintendent, the board of directors shall consider any written communication which the provisional employee may file with the secretary of the board at any time prior to that meeting. The board of directors shall notify the provisional employee in writing of its final decision within ten days following the meeting at which the superintendent’s recommendation was considered. The decision of the board of directors to nonrenew the contract of a provisional employee shall be final and not subject to appeal. This section applies to any person employed by a school district in a teaching or other nonsupervisory certificated position after June 25, 1976. This section provides the exclusive means for nonrenewing the employment contract of a provisional employee and no other provision of law shall be applicable thereto, including, without limitation, RCW 28A.405.210 and chapter 28A.645 RCW. [1996 c 201 § 2; 1992 c 141 § 103; 1990 c 33 § 391; 1975-’76 2nd ex.s. c 114 § 1. Formerly RCW 28A.67.072.] Effective date—1992 c 141 § 103: "Section 103 of this act shall take effect July 1, 1992." [1992 c 141 § 105.] Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040. Savings—Severability—1975-’76 2nd ex.s. c 114: See notes following RCW 28A.400.010. 28A.405.230 Conditions and contracts of employment—Transfer of administrator to subordinate certificated position—Notice—Procedure. Any certificated employee of a school district employed as an assistant superintendent, director, principal, assistant principal, coordinator, or in any other supervisory or administrative position, hereinafter in this section referred to as "administrator", shall be 28A.405.230 (2008 Ed.) Certificated Employees subject to transfer, at the expiration of the term of his or her employment contract, to any subordinate certificated position within the school district. "Subordinate certificated position" as used in this section, shall mean any administrative or nonadministrative certificated position for which the annual compensation is less than the position currently held by the administrator. Every superintendent determining that the best interests of the school district would be served by transferring any administrator to a subordinate certificated position shall notify that administrator in writing on or before May 15th preceding the commencement of such school term of that determination, or if the omnibus appropriations act has not passed the legislature by May 15th, then notification shall be no later than June 1st, which notification shall state the reason or reasons for the transfer, and shall identify the subordinate certificated position to which the administrator will be transferred. Such notice shall be served upon the administrator personally, or by certified or registered mail, or by leaving a copy of the notice at the place of his or her usual abode with some person of suitable age and discretion then resident therein. Every such administrator so notified, at his or her request made in writing and filed with the president or chair, or secretary of the board of directors of the district within ten days after receiving such notice, shall be given the opportunity to meet informally with the board of directors in an executive session thereof for the purpose of requesting the board to reconsider the decision of the superintendent. Such board, upon receipt of such request, shall schedule the meeting for no later than the next regularly scheduled meeting of the board, and shall notify the administrator in writing of the date, time and place of the meeting at least three days prior thereto. At such meeting the administrator shall be given the opportunity to refute any facts upon which the determination was based and to make any argument in support of his or her request for reconsideration. The administrator and the board may invite their respective legal counsel to be present and to participate at the meeting. The board shall notify the administrator in writing of its final decision within ten days following its meeting with the administrator. No appeal to the courts shall lie from the final decision of the board of directors to transfer an administrator to a subordinate certificated position: PROVIDED, That in the case of principals such transfer shall be made at the expiration of the contract year and only during the first three consecutive school years of employment as a principal by a school district; except that if any such principal has been previously employed as a principal by another school district in the state of Washington for three or more consecutive school years the provisions of this section shall apply only to the first full school year of such employment. This section applies to any person employed as an administrator by a school district on June 25, 1976 and to all persons so employed at any time thereafter. This section provides the exclusive means for transferring an administrator to a subordinate certificated position at the expiration of the term of his or her employment contract. [1996 c 201 § 3; 1990 c 33 § 392; 1975-’76 2nd ex.s. c 114 § 9. Formerly RCW 28A.67.073.] (2008 Ed.) 28A.405.300 Savings—Severability—1975-’76 2nd ex.s. c 114: See notes following RCW 28A.400.010. 28A.405.240 Conditions and contracts of employment—Supplemental contracts, when—Continuing contract provisions not applicable to. No certificated employee shall be required to perform duties not described in the contract unless a new or supplemental contract is made, except that in an unexpected emergency the board of directors or school district administration may require the employee to perform other reasonable duties on a temporary basis. No supplemental contract shall be subject to the continuing contract provisions of this title. [1990 c 33 § 393; 1985 c 341 § 15; 1969 ex.s. c 283 § 2. Formerly RCW 28A.67.074, 28.67.074.] 28A.405.240 Seve ra bili ty— 1969 e x.s. c 283 : Se e no te fo llo wing R CW 28A.150.050. RCW 28A.405.240 not applicable to contract renewal of school superintendent: RCW 28A.400.010. 28A.405.250 Certificated employees, applicants for certificated position, not to be discriminated against— Right to inspect personnel file. The board of directors of any school district, its employees or agents shall not discriminate in any way against any applicant for a certificated position or any certificated employee (1) On account of his or her membership in any lawful organization, or (2) For the orderly exercise during off-school hours of any rights guaranteed under the law to citizens generally, or (3) For family relationship, except where covered by chapter 42.23 RCW. The school district personnel file on any certificated employee in the possession of the district, its employees, or agents shall not be withheld at any time from the inspection of that employee. [1990 c 33 § 394; 1969 ex.s. c 34 § 21. Formerly RCW 28A.58.445.] 28A.405.250 Code of ethics for municipal officers—Contract interests: Chapter 42.23 RCW. 28A.405.260 Use of false academic credentials—Penalties. A person who issues or uses a false academic credential is subject to RCW 28B.85.220 and 9A.60.070. [2006 c 234 § 5.] 28A.405.260 HIRING AND DISCHARGE 28A.405.300 Adverse change in contract status of certificated employee—Determination of probable cause—Notice—Opportunity for hearing. In the event it is determined that there is probable cause or causes for a teacher, principal, supervisor, superintendent, or other certificated employee, holding a position as such with the school district, hereinafter referred to as "employee", to be discharged or otherwise adversely affected in his or her contract status, such employee shall be notified in writing of that decision, which notification shall specify the probable cause or causes for such action. Such determinations of probable cause for certificated employees, other than the superintendent, shall be made by the superintendent. Such notices shall 28A.405.300 [Title 28A RCW—page 179] 28A.405.310 Title 28A RCW: Common School Provisions be served upon that employee personally, or by certified or registered mail, or by leaving a copy of the notice at the house of his or her usual abode with some person of suitable age and discretion then resident therein. Every such employee so notified, at his or her request made in writing and filed with the president, chair of the board or secretary of the board of directors of the district within ten days after receiving such notice, shall be granted opportunity for a hearing pursuant to RCW 28A.405.310 to determine whether or not there is sufficient cause or causes for his or her discharge or other adverse action against his or her contract status. In the event any such notice or opportunity for hearing is not timely given, or in the event cause for discharge or other adverse action is not established by a preponderance of the evidence at the hearing, such employee shall not be discharged or otherwise adversely affected in his or her contract status for the causes stated in the original notice for the duration of his or her contract. If such employee does not request a hearing as provided herein, such employee may be discharged or otherwise adversely affected as provided in the notice served upon the employee. Transfer to a subordinate certificated position as that procedure is set forth in RCW 28A.405.230 shall not be construed as a discharge or other adverse action against contract status for the purposes of this section. [1990 c 33 § 395; 1975-’76 2nd ex.s. c 114 § 2; 1973 c 49 § 1; 1969 ex.s. c 34 § 13; 1969 ex.s. c 223 § 28A.58.450. Prior: 1961 c 241 § 2. Formerly RCW 28A.58.450, 28.58.450.] Savings—Severability-1975-’76 2nd ex.s. c 114: See notes following RCW 28A.400.010. Minimum criteria for the evaluation of certificated employees, including administrators—Procedure—Scope—Penalty: RCW 28A.405.100. Transfer of administrator to subordinate certificated position—Procedure: RCW 28A.405.230. 28A.405.310 Adverse change in contract status of certificated employee, including nonrenewal of contract—Hearings—Procedure. (1) Any employee receiving a notice of probable cause for discharge or adverse effect in contract status pursuant to RCW 28A.405.300, or any employee, with the exception of provisional employees as defined in RCW 28A.405.220, receiving a notice of probable cause for nonrenewal of contract pursuant to RCW 28A.405.210, shall be granted the opportunity for a hearing pursuant to this section. (2) In any request for a hearing pursuant to RCW 28A.405.300 or 28A.405.210, the employee may request either an open or closed hearing. The hearing shall be open or closed as requested by the employee, but if the employee fails to make such a request, the hearing officer may determine whether the hearing shall be open or closed. (3) The employee may engage counsel who shall be entitled to represent the employee at the prehearing conference held pursuant to subsection (5) of this section and at all subsequent proceedings pursuant to this section. At the hearing provided for by this section, the employee may produce such witnesses as he or she may desire. (4) In the event that an employee requests a hearing pursuant to RCW 28A.405.300 or 28A.405.210, a hearing officer shall be appointed in the following manner: Within 28A.405.310 [Title 28A RCW—page 180] fifteen days following the receipt of any such request the board of directors of the district or its designee and the employee or employee’s designee shall each appoint one nominee. The two nominees shall jointly appoint a hearing officer who shall be a member in good standing of the Washington state bar association or a person adhering to the arbitration standards established by the public employment relations commission and listed on its current roster of arbitrators. Should said nominees fail to agree as to who should be appointed as the hearing officer, either the board of directors or the employee, upon appropriate notice to the other party, may apply to the presiding judge of the superior court for the county in which the district is located for the appointment of such hearing officer, whereupon such presiding judge shall have the duty to appoint a hearing officer who shall, in the judgment of such presiding judge, be qualified to fairly and impartially discharge his or her duties. Nothing herein shall preclude the board of directors and the employee from stipulating as to the identity of the hearing officer in which event the foregoing procedures for the selection of the hearing officer shall be inapplicable. The district shall pay all fees and expenses of any hearing officer selected pursuant to this subsection. (5) Within five days following the selection of a hearing officer pursuant to subsection (4) of this section, the hearing officer shall schedule a prehearing conference to be held within such five day period, unless the board of directors and employee agree on another date convenient with the hearing officer. The employee shall be given written notice of the date, time, and place of such prehearing conference at least three days prior to the date established for such conference. (6) The hearing officer shall preside at any prehearing conference scheduled pursuant to subsection (5) of this section and in connection therewith shall: (a) Issue such subpoenas or subpoenas duces tecum as either party may request at that time or thereafter; and (b) Authorize the taking of prehearing depositions at the request of either party at that time or thereafter; and (c) Provide for such additional methods of discovery as may be authorized by the civil rules applicable in the superior courts of the state of Washington; and (d) Establish the date for the commencement of the hearing, to be within ten days following the date of the prehearing conference, unless the employee requests a continuance, in which event the hearing officer shall give due consideration to such request. (7) The hearing officer shall preside at any hearing and in connection therewith shall: (a) Make rulings as to the admissibility of evidence pursuant to the rules of evidence applicable in the superior court of the state of Washington. (b) Make other appropriate rulings of law and procedure. (c) Within ten days following the conclusion of the hearing transmit in writing to the board and to the employee, findings of fact and conclusions of law and final decision. If the final decision is in favor of the employee, the employee shall be restored to his or her employment position and shall be awarded reasonable attorneys’ fees. (8) Any final decision by the hearing officer to nonrenew the employment contract of the employee, or to discharge the employee, or to take other action adverse to the employee’s (2008 Ed.) Certificated Employees contract status, as the case may be, shall be based solely upon the cause or causes specified in the notice of probable cause to the employee and shall be established by a preponderance of the evidence at the hearing to be sufficient cause or causes for such action. (9) All subpoenas and prehearing discovery orders shall be enforceable by and subject to the contempt and other equity powers of the superior court of the county in which the school district is located upon petition of any aggrieved party. (10) A complete record shall be made of the hearing and all orders and rulings of the hearing officer and school board. [1990 c 33 § 396; 1987 c 375 § 1; 1977 ex.s. c 7 § 1; 1975-’76 2nd ex.s. c 114 § 5. Formerly RCW 28A.58.455.] Severability—1977 ex.s. c 7: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1977 ex.s. c 7 § 2.] Savings—Severability—1975-’76 2nd ex.s. c 114: See notes following RCW 28A.400.010. 28A.405.320 Adverse change in contract status of certificated employee, including nonrenewal of contract—Appeal from—Notice—Service—Filing—Contents. Any teacher, principal, supervisor, superintendent, or other certificated employee, desiring to appeal from any action or failure to act upon the part of a school board relating to the discharge or other action adversely affecting his or her contract status, or failure to renew that employee’s contract for the next ensuing term, within thirty days after his or her receipt of such decision or order, may serve upon the chair of the school board and file with the clerk of the superior court in the county in which the school district is located a notice of appeal which shall set forth also in a clear and concise manner the errors complained of. [1990 c 33 § 397; 1969 ex.s. c 34 § 14; 1969 ex.s. c 223 § 28A.58.460. Prior: 1961 c 241 § 3. Formerly RCW 28A.58.460, 28.58.460.] 28A.405.320 28A.405.330 Adverse change in contract status of certificated employee, including nonrenewal of contract—Appeal from—Certification and filing with court of transcript. The clerk of the superior court, within ten days of receipt of the notice of appeal shall notify in writing the chair of the school board of the taking of the appeal, and within twenty days thereafter the school board shall at its expense file the complete transcript of the evidence and the papers and exhibits relating to the decision complained of, all properly certified to be correct. [1990 c 33 § 398; 1969 ex.s. c 223 § 28A.58.470. Prior: 1961 c 241 § 4. Formerly RCW 28A.58.470, 28.58.470.] 28A.405.330 28A.405.380 tional testimony on the alleged procedural irregularities or abridgment of free speech rights. The court shall hear oral argument and receive written briefs offered by the parties. The court may affirm the decision of the board or hearing officer or remand the case for further proceedings; or it may reverse the decision if the substantial rights of the employee may have been prejudiced because the decision was: (1) In violation of constitutional provisions; or (2) In excess of the statutory authority or jurisdiction of the board or hearing officer; or (3) Made upon unlawful procedure; or (4) Affected by other error of law; or (5) Clearly erroneous in view of the entire record as submitted and the public policy contained in the act of the legislature authorizing the decision or order; or (6) Arbitrary or capricious. [1975-’76 2nd ex.s. c 114 § 6; 1969 ex.s. c 34 § 15; 1969 ex.s. c 223 § 28A.58.480. Prior: 1961 c 241 § 5. Formerly RCW 28A.58.480, 28.58.480.] Savings—Severability—1975-’76 2nd ex.s. c 114: See notes following RCW 28A.400.010. 28A.405.350 Adverse change in contract status of certificated employee, including nonrenewal of contract—Appeal from—Costs, attorney’s fee and damages. If the court enters judgment for the employee, and if the court finds that the probable cause determination was made in bad faith or upon insufficient legal grounds, the court in its discretion may award to the employee a reasonable attorneys’ fee for the preparation and trial of his or her appeal, together with his or her taxable costs in the superior court. If the court enters judgment for the employee, in addition to ordering the school board to reinstate or issue a new contract to the employee, the court may award damages for loss of compensation incurred by the employee by reason of the action of the school district. [1990 c 33 § 399; 1975-’76 2nd ex.s. c 114 § 7; 1969 ex.s. c 34 § 16; 1969 ex.s. c 223 § 28A.58.490. Prior: 1961 c 241 § 6. Formerly RCW 28A.58.490, 28.58.490.] 28A.405.350 Savings—Severability—1975-’76 2nd ex.s. c 114: See notes following RCW 28A.400.010. 28A.405.360 Adverse change in contract status of certificated employee, including nonrenewal of contract—Appellate review. Either party to the proceedings in the superior court may seek appellate review of the decision as any other civil action. [1988 c 202 § 26; 1971 c 81 § 71; 1969 ex.s. c 223 § 28A.58.500. Prior: 1961 c 241 § 7. Formerly RCW 28A.58.500, 28.58.500.] 28A.405.360 Severability—1988 c 202: See note following RCW 2.24.050. 28A.405.340 Adverse change in contract status of certificated employee, including nonrenewal of contract—Appeal from—Scope. Any appeal to the superior court by an employee shall be heard by the superior court without a jury. Such appeal shall be heard expeditiously. The superior court’s review shall be confined to the verbatim transcript of the hearing and the papers and exhibits admitted into evidence at the hearing, except that in cases of alleged irregularities in procedure not shown in the transcript or exhibits and in cases of alleged abridgment of the employee’s constitutional free speech rights, the court may take addi28A.405.340 (2008 Ed.) 28A.405.370 Adverse change in contract status of certificated employee, including nonrenewal of contract—Appeal from—Other statutes not applicable. The provisions of chapter 28A.645 RCW shall not be applicable to RCW 28A.405.300 through 28A.405.360. [1990 c 33 § 400; 1969 ex.s. c 223 § 28A.58.510. Prior: 1961 c 241 § 8. Formerly RCW 28A.58.510, 28.58.510.] 28A.405.370 28A.405.380 Adverse change in contract status of certificated employee, including nonrenewal of con28A.405.380 [Title 28A RCW—page 181] 28A.405.400 Title 28A RCW: Common School Provisions tract—Appeal from—Direct judicial appeal, when. In the event that an employee, with the exception of a provisional employee as defined in RCW 28A.405.220, receives a notice of probable cause pursuant to RCW 28A.405.300 or 28A.405.210 stating that by reason of a lack of sufficient funds or loss of levy election the employment contract of such employee should not be renewed for the next ensuing school term or that the same should be adversely affected, the employee may appeal any said probable cause determination directly to the superior court of the county in which the school district is located. Such appeal shall be perfected by serving upon the secretary of the school board and filing with the clerk of the superior court a notice of appeal within ten days after receiving the probable cause notice. The notice of appeal shall set forth in a clear and concise manner the action appealed from. The superior court shall determine whether or not there was sufficient cause for the action as specified in the probable cause notice, which cause must be proven by a preponderance of the evidence, and shall base its determination solely upon the cause or causes stated in the notice of the employee. The appeal provided in this section shall be tried as an ordinary civil action: PROVIDED, That the board of directors’ determination of priorities for the expenditure of funds shall be subject to superior court review pursuant to the standards set forth in RCW 28A.405.340: PROVIDED FURTHER, That the provisions of RCW 28A.405.350 and 28A.405.360 shall be applicable thereto. [1990 c 33 § 401; 1975-’76 2nd ex.s. c 114 § 8; 1973 c 49 § 3; 1969 ex.s. c 34 § 18. Formerly RCW 28A.58.515.] Savings—Severability—1975-’76 2nd ex.s. c 114: See notes following RCW 28A.400.010. SALARY AND COMPENSATION 28A.405.400 28A.405.400 Payroll deductions authorized for employees. In addition to other deductions permitted by law, any person authorized to disburse funds in payment of salaries or wages to employees of school districts, upon written request of at least ten percent of the employees, shall make deductions as they authorize, subject to the limitations of district equipment or personnel. Any person authorized to disburse funds shall not be required to make other deductions for employees if fewer than ten percent of the employees make the request for the same payee. Moneys so deducted shall be paid or applied monthly by the school district for the purposes specified by the employee. The employer may not derive any financial benefit from such deductions. A deduction authorized before July 28, 1991, shall be subject to the law in effect at the time the deduction was authorized. [1991 c 116 § 18; 1972 ex.s. c 39 § 1. Formerly RCW 28A.67.095.] 28A.405.415 Bonuses—National board for professional standards certification. (1) Certificated instructional staff who have attained certification from the national board for professional teaching standards shall receive a bonus each year in which they maintain the certification. The bonus shall be calculated as follows: The annual bonus shall be five thousand dollars in the 2007-08 school year. Thereafter, the annual bonus shall increase by inflation. (2) Certificated instructional staff who have attained certification from the national board for professional teaching standards shall be eligible for bonuses in addition to that provided by subsection (1) of this section if the individual is in an instructional assignment in a school in which at least seventy percent of the students qualify for the free and reducedprice lunch program. (3) The amount of the additional bonus under subsection (2) of this section for those meeting the qualifications of subsection (2) of this section is five thousand dollars. (4) The bonuses provided under this section are in addition to compensation received under a district’s salary schedule adopted in accordance with RCW 28A.405.200 and shall not be included in calculations of a district’s average salary and associated salary limitations under RCW 28A.400.200. (5) The bonuses provided under this section shall be paid in a lump sum amount. [2008 c 175 § 2; 2007 c 398 § 2.] 28A.405.415 Findings—2007 c 398: "The legislature finds and declares: (1) The national board for professional teaching standards has established high and rigorous standards for what highly accomplished teachers should know and be able to do in order to increase student learning results; (2) The national board certifies teachers who meet these standards through a rigorous, performance-based assessment process; (3) A certificate awarded by the national board attests that a teacher has met high and rigorous standards and has demonstrated the ability to make sound professional judgments about how to best meet students’ learning needs and effectively help students meet challenging academic standards; and (4) Teachers who attain national board certification should be acknowledged and rewarded in order to encourage more teachers to pursue certification for the benefit of Washington students." [2007 c 398 § 1.] MISCELLANEOUS PROVISIONS 28A.405.460 Lunch period for certificated employees. All certificated employees of school districts shall be allowed a reasonable lunch period of not less than thirty continuous minutes per day during the regular school lunch periods and during which they shall have no assigned duties: PROVIDED, That local districts may work out other arrangements with the consent of all affected parties. [1995 c 335 § 702; 1991 c 116 § 15; 1969 ex.s. c 223 § 28A.58.275. Prior: 1965 c 18 § 1. Formerly RCW 28A.58.275, 28.58.275.] 28A.405.460 Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360. 28A.405.465 Use of classified personnel to supervise in noninstructional activities. Any school district may employ classified personnel to supervise school children in noninstructional activities, and in instructional activities while under the supervision of a certificated employee. [1997 c 13 § 13; 1991 c 116 § 16.] 28A.405.465 28A.405.410 28A.405.410 Payroll deductions authorized for certi ficated employees —Savin gs. No thi ng in R CW 28A.405.400 shall be construed to annul or modify any lawful agreement heretofore entered into between any school district and any representative of its employees or other existing lawful agreements and obligations in effect on May 23, 1972. [1990 c 33 § 402; 1972 ex.s. c 39 § 2. Formerly RCW 28A.67.096.] [Title 28A RCW—page 182] 28A.405.466 Presence of certificated personnel at schools before and after school—Policy. Each school dis28A.405.466 (2008 Ed.) Certification trict board of directors shall adopt a policy regarding the presence at their respective schools of teachers and other certificated personnel before the opening of school in the morning and after the closing of school in the afternoon or evening. The board of directors shall make the policy available to parents and the public through the school district report card and other means of communication. [2006 c 263 § 902.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. TERMINATION OF CERTIFICATED STAFF 28A.405.470 28A.405.470 Crimes against children—Mandatory termination of certificated employees—Appeal. The school district shall immediately terminate the employment of any person whose certificate or permit authorized under chapter 28A.405 or 28A.410 RCW is subject to revocation under *RCW 28A.410.090(2) upon a guilty plea or conviction of any felony crime involving the physical neglect of a child under chapter 9A.42 RCW, the physical injury or death of a child under chapter 9A.32 or 9A.36 RCW (except motor vehicle violations under chapter 46.61 RCW), sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor under chapter 9A.88 RCW, the sale or purchase of a minor child under RCW 9A.64.030, or violation of similar laws of another jurisdiction. Employment shall remain terminated unless the employee successfully prevails on appeal. This section shall only apply to employees holding a certificate or permit who have contact with children during the course of their employment. [1990 c 33 § 405; 1989 c 320 § 5. Formerly RCW 28A.58.1003.] *Reviser’s note: RCW 28A.410.090 was amended by 2004 c 134 § 2, changing subsection (2) to subsection (3). Severability—1989 c 320: See note following RCW 28A.410.090. 28A.405.900 28A.405.900 Certain certificated employees exempt from chapter provisions. Certificated employees subject to the provisions of RCW 28A.310.250, 28A.405.100, 28A.405.210, and 28A.405.220 shall not include those certificated employees hired to replace certificated employees who have been granted sabbatical, regular, or other leave by school districts, and shall not include retirees hired for postretirement employment under the provisions of chapter 10, Laws of 2001 2nd sp. sess. It is not the intention of the legislature that this section apply to any regularly hired certificated employee or that the legal or constitutional rights of such employee be limited, abridged, or abrogated. [2002 c 26 § 1; 2001 2nd sp.s. c 10 § 2; 1990 c 33 § 404; 1972 ex.s. c 142 § 3. Formerly RCW 28A.67.900.] Effective dates—2001 2nd sp.s. c 10: See note following RCW 41.40.037. Postretirement employment under the teachers’ retirement system: RCW 41.32.570. (2008 Ed.) 28A.410.010 Chapter 28A.410 Chapter 28A.410 RCW CERTIFICATION Sections 28A.410.010 Certification—Duty of professional educator standards board—Rules—Record check—Lapsed certificates— Superintendent of public instruction as administrator. 28A.410.025 Qualifications—Certificate or permit required. 28A.410.032 Qualifications—Teachers of visually impaired—Rules. 28A.410.035 Qualifications—Coursework on issues of abuse. 28A.410.040 Initial-level certificates. 28A.410.043 School counselor certification. 28A.410.045 First peoples’ language, culture, and oral tribal traditions teacher certification program—Established—Rules. 28A.410.050 Baccalaureate and masters degree equivalency requirements for vocational instructors—Rules. 28A.410.060 Fee for certification—Disposition. 28A.410.070 Registration of certificates. 28A.410.080 School year—For certification or qualification purposes. 28A.410.090 Revocation or suspension of certificate or permit to teach— Investigation by superintendent of public instruction— Written complaints—Crimes against children—Accessing or possessing material depicting sexually explicit conduct. 28A.410.095 Violation or noncompliance—Investigatory powers of superintendent of public instruction—Requirements for investigation of alleged sexual misconduct towards a child— Court orders—Contempt—Written findings required. 28A.410.100 Revocation of authority to teach—Hearings and appeals. 28A.410.105 Certificate or permit suspension—Nonpayment or default on educational loan or scholarship. 28A.410.106 Certificate or permit suspension—Noncompliance with support order—Reissuance. 28A.410.108 Reporting disciplinary actions to national clearinghouse. 28A.410.110 Limitation on reinstatement after revocation—Reinstatement prohibited for crimes against children. 28A.410.120 Professional certification not required of superintendents or deputy or assistant superintendents. 28A.410.200 Washington professional educator standards board—Creation—Membership—Executive director. 28A.410.210 Washington professional educator standards board—Purpose—Powers and duties. 28A.410.220 Washington professional educator standards board—Performance standards and professional-level certification assessment—Basic skills assessment—Assessment of subject knowledge—Administration of section—Rulemaking authority. 28A.410.225 Washington professional educator standards board— Endorsement requirements—Teachers of deaf and hard of hearing students. 28A.410.230 Washington professional educator standards board—Review of proposed assessments before implementation. 28A.410.240 Washington professional educator standards board— Reports. 28A.410.250 Washington professional educator standards board—Professional certification—Rules. 28A.410.010 Certification—Duty of professional educator standards board—Rules—Record check— Lapsed certificates—Superintendent of public instruction as administrator. The Washington professional educator standards board shall establish, publish, and enforce rules determining eligibility for and certification of personnel employed in the common schools of this state, including certification for emergency or temporary, substitute or provisional duty and under such certificates or permits as the board shall deem proper or as otherwise prescribed by law. The rules shall require that the initial application for certification shall require a record check of the applicant through the Washington state patrol criminal identification system and through the federal bureau of investigation at the applicant’s expense. The record check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card. The superintendent of public instruction may waive the record check for any applicant who has had a record check within the two years before application. The 28A.410.010 [Title 28A RCW—page 183] 28A.410.025 Title 28A RCW: Common School Provisions rules shall permit a holder of a lapsed certificate but not a revoked or suspended certificate to be employed on a conditional basis by a school district with the requirement that the holder must complete any certificate renewal requirements established by the state board of education within two years of initial reemployment. In establishing rules pertaining to the qualifications of instructors of American sign language the board shall consult with the national association of the deaf, "sign instructors guidance network" (s.i.g.n.), and the Washington state association of the deaf for evaluation and certification of sign language instructors. The superintendent of public instruction shall act as the administrator of any such rules and have the power to issue any certificates or permits and revoke the same in accordance with board rules. [2005 c 497 § 203; 2001 c 263 § 1. Prior: 1992 c 159 § 3; 1992 c 60 § 2; prior: 1988 c 172 § 3; 1988 c 97 § 1; 1987 c 486 § 8; 1975-’76 2nd ex.s. c 92 § 2; 1969 ex.s. c 223 § 28A.70.005. Formerly RCW 28A.70.005.] Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. Findings—1992 c 159: See note following RCW 28A.400.303. Severability—1988 c 97: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1988 c 97 § 3.] Severability—1975-’76 2nd ex.s. c 92: See note following RCW 28A.305.130. 28A.410.025 Qualifications—Certificate or permit required. No person shall be accounted as a qualified teacher within the meaning of the school law who is not the holder of a valid teacher’s certificate or permit issued by lawful authority of this state. [1969 ex.s. c 223 § 28A.67.010. Prior: 1909 c 97 p 306 § 1; RRS § 4844; prior: 1907 c 240 § 6; 1897 c 118 § 51; 1891 c 127 § 14; 1890 p 369 § 37; 1886 p 18 § 47; 1873 p 430 § 15. Formerly RCW 28A.405.010, 28A.67.010, 28.67.010.] 28A.410.025 28A.410.032 Qualifications—Teachers of visually impaired—Rules. Teachers of visually impaired students shall be qualified according to rules adopted by the professional educator standards board. [2005 c 497 § 220; 1996 c 135 § 4.] 28A.410.032 Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. Findings—1996 c 135: See note following RCW 28A.155.105. 28A.410.035 Qualifications—Coursework on issues of abuse. To receive initial certification as a teacher in this state after August 31, 1991, an applicant shall have successfully completed a course on issues of abuse. The content of the course shall discuss the identification of physical, emotional, sexual, and substance abuse, information on the impact of abuse on the behavior and learning abilities of students, discussion of the responsibilities of a teacher to report abuse or provide assistance to students who are the victims of abuse, and methods for teaching students about abuse of all types and their prevention. [1990 c 90 § 1. Formerly RCW 28A.405.025.] 28A.410.035 [Title 28A RCW—page 184] 28A.410.040 28A.410.040 Initial-level certificates. The Washington professional educator standards board shall adopt rules providing that, except as provided in this section, all individuals qualifying for an initial-level teaching certificate after August 31, 1992, shall possess a baccalaureate degree in the arts, sciences, and/ or humanities and have fulfilled the requirements for teacher certification pursuant to RCW 28A.410.210. However, candidates for grades preschool through eight certificates shall have fulfilled the requirements for a major as part of their baccalaureate degree. If the major is in early childhood education, elementary education, or special education, the candidate must have at least thirty quarter hours or twenty semester hours in one academic field. [2005 c 497 § 204; 1992 c 141 § 101; 1990 c 33 § 406. Prior: 1989 c 402 § 1; 1989 c 29 § 1; 1987 c 525 § 212. Formerly RCW 28A.70.040.] Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. Findings—1992 c 141: "The legislature finds that the educational needs of students when they leave the public school system has [have] increased dramatically in the past two decades. If young people are to prosper in our democracy and if our nation is to grow economically, it is imperative that the overall level of learning achieved by students be significantly increased. To achieve this higher level of learning, the legislature finds that the state of Washington needs to develop a performance-based school system. Instead of maintaining burdensome state accountability laws and rules that dictate educational offerings, the state needs to hold schools accountable for their performance based on what their students learn. The legislature further finds moving toward a performance-based accountability system will require repealing state laws and rules that inhibit the freedom of school boards and professional educators to carry out their work, and also will require that significantly more decisions be made at the school district and school building levels. In addition, it will be necessary to set high expectations for students, to identify what is expected of all students, and to develop a rigorous academic assessment system to determine if these expectations have been achieved. The legislature further finds that the governor’s council on education reform and funding will, by December 1992, identify broad student learning goals. Subject to decisions made by the 1993 legislature, the legislature finds that it is critical that an organization be established to continue the council’s work in identifying necessary student skills and knowledge, to develop student assessment and school accountability systems, and to take other steps necessary to develop a performance-based education system. The legislature further finds that there is a need for high quality professional development as the state implements a performance-based system. Professional development must be available to schools and school districts to maintain quality control and to assure access to proven research on effective teaching." [1992 c 141 § 1.] Part headings—1992 c 141: "Part headings as used in this act constitute no part of the law." [1992 c 141 § 601.] Severability—1992 c 141: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1992 c 141 § 602.] Intent—1987 c 525 §§ 201-233: "The legislature intends to enhance the education of the state’s youth by improving the quality of teaching. The legislature intends to establish a framework for teacher and principal preparation programs and to recognize teaching as a profession. The legislature finds that the quality of teacher preparation programs is enhanced when a planned, sequenced approach is used that provides for the application of practice to academic course work. The legislature supports better integration of the elements of teacher preparation programs including knowledge of subject matter, teaching methods, and actual teaching experiences. The legislature finds that establishing: (1) A teaching internship program; (2) a post-baccalaureate program resulting in a masters degree; (3) stronger requirements for earning principal credentials; and (4) a review of the preparation standards for school principals and educational staff associ(2008 Ed.) Certification ates are appropriate next steps in enhancing the quality of educational personnel in Washington." [1987 c 525 § 201.] Short title—1987 c 525 §§ 202-233: "Sections 202 through 233 of this act shall be known as the professional educator excellence act of 1987." [1987 c 525 § 234.] Severability—1987 c 525: See note following RCW 28A.300.050. 28A.410.043 School counselor certification. A school counselor is a professional educator who holds a valid school counselor certification as defined by the professional educator standards board. The purpose and role of the school counselor is to plan, organize, and deliver a comprehensive school guidance and counseling program that personalizes education and supports, promotes, and enhances the academic, personal, social, and career development of all students, based on the national standards for school counseling programs of the American school counselor association. [2007 c 175 § 2.] 28A.410.043 Findings—Intent—2007 c 175: "The legislature finds that the professional school counselor is a certificated educator with unique qualifications and skills to address all students’ academic, personal, social, and career development needs. School counselors serve a vital role in maximizing student achievement, supporting a safe learning environment, and addressing the needs of all students through prevention and intervention programs that are part of a comprehensive school counseling program. The legislature further finds that current state statutes fail to mention anything about school counselors. Therefore, the legislature intends to codify into law the importance and the role of school counselors in public schools." [2007 c 175 § 1.] 28A.410.045 First peoples’ language, culture, and oral tribal traditions teacher certification program— Established—Rules. (1) The Washington state first peoples’ language, culture, and oral tribal traditions teacher certification program is established. The professional educator standards board shall adopt rules to implement the program in collaboration with the sovereign tribal governments whose traditional lands and territories lie within the borders of the state of Washington, including the tribal leader congress on education and the first peoples’ language and culture committee. The collaboration required under this section shall be defined by a protocol for cogovernance in first peoples’ language, culture, and oral tribal traditions education developed by the professional educator standards board, the office of the superintendent of public instruction, and the sovereign tribal governments whose traditional lands and territories lie within the borders of the state of Washington. (2) Any sovereign tribal government whose traditional lands and territories lie within the borders of the state of Washington may participate individually on a governmentto-government basis in the program. (3) Under the first peoples’ language, culture, and oral tribal traditions teacher certification program: (a) Only a participating sovereign tribal government may certify individuals who meet the tribe’s criteria for certification as a teacher in the Washington state first peoples’ language, culture, and oral tribal traditions teacher certification program. Tribal law enforcement agencies and the Washington state patrol shall enter into government-to-government negotiations regarding the exchange of background information on applicants for certification. The office of the superintendent of public instruction shall not authorize or accept a certificate or endorsement in Washington state first peoples’ language, culture, and oral tribal traditions without certification from a participating sovereign tribal government and 28A.410.045 (2008 Ed.) 28A.410.045 without conducting a record check of an individual applying for certification as required under RCW 28A.410.010; (b) For each teacher to be certified in the program, the participating sovereign tribal government shall submit information and documentation necessary for the issuance of a state certificate, as defined by rule, to the office of the superintendent of public instruction; (c) A Washington state first peoples’ language, culture, and oral tribal traditions teacher certificate serves as a subject area endorsement in first peoples’ language, culture, and oral tribal traditions. The holder of a Washington state first peoples’ language, culture, and oral tribal traditions teacher certificate who does not also hold an initial, residency, continuing, or professional teaching certificate authorized by the professional educator standards board may be assigned to teach only the languages, cultures, and oral tribal traditions designated on the certificate and no other subject; (d) In order to teach first peoples’ language, culture, and oral tribal traditions, teachers must hold certificates from both the office of the superintendent of public instruction and from the sovereign tribal government; and (e) The holder of a Washington state first peoples’ language, culture, and oral tribal traditions teacher certificate meets Washington state’s definition of a highly qualified teacher under the no child left behind act of 2001 (P.L. 107110) for the purposes of teaching first peoples’ language, culture, and oral tribal traditions, subject to approval by the United States department of education. (4) First peoples’ language/culture teacher certificates issued before July 22, 2007, under rules approved by the state board of education or the professional educator standards board under a pilot program remain valid as certificates under this section, subject to the provisions of this chapter. (5) Schools and school districts on or near tribal reservations are encouraged to contract with sovereign tribal governments whose traditional lands and territories lie within the borders of the state of Washington and with first peoples’ language, culture, and oral tribal traditions teacher certification programs for in-service teacher training and continuing education in the culture and history appropriate for their geographic area, as well as suggested pedagogy and instructional strategies. [2007 c 319 § 2.] Findings—2007 c 319: "The legislature finds that: (1) Teaching first peoples’ languages, cultures, and oral tribal traditions is a critical factor in fostering successful educational experiences and promoting cultural sensitivity for all students. Experience shows that such teaching dramatically raises student achievement and that the effect is particularly strong for Native American students; (2) Native American students have the highest high school dropout rate among all groups of students. Less than one-fourth of Native American students in the class of 2008 are on track to graduate based on the results of the Washington assessment of student learning. Positive and supportive educational experiences are critical for the success of Native American students; (3) The sole expertise of sovereign tribal governments whose traditional lands and territories lie within the borders of the state of Washington in the transmission of their indigenous languages, heritage, cultural knowledge, histories, customs, and traditions should be honored; (4) Government-to-government collaboration between the state and the sovereign tribal governments whose traditional lands and territories lie within the borders of the state of Washington serves to implement the spirit of the 1989 centennial accord and other similar government-to-government agreements, including the 2004 accord between the federally recognized Indian tribes with treaty reserved rights in the state of Washington; (5) Establishing a first peoples’ language, culture, and oral tribal traditions teacher certification program both achieves educational objectives and [Title 28A RCW—page 185] 28A.410.050 Title 28A RCW: Common School Provisions models effective government-to-government relationships; (6) Establishing a first peoples’ language, culture, and oral tribal traditions certification program implements the following policy objectives of the federal Native American languages act of 1990 (P.L. 101-477) in a tangible way: (a) To preserve, protect, and promote the rights and freedom of Native Americans to use, practice, and develop Native American languages; (b) To allow exceptions to teacher certification requirements for federal programs and programs funded in whole or in part by the federal government, for instruction in Native American languages when such teacher certification requirements hinder the employment of qualified teachers who teach in Native American languages, and to encourage state and territorial governments to make similar exceptions; (c) To encourage and support the use of Native American languages as a medium of instruction in order to encourage and support Native American language survival, educational opportunity, increased student success and performance, increased student awareness and knowledge of their culture and history, and increased student and community pride; (d) To encourage state and local education programs to work with Native American parents, educators, Indian tribes, and other Native American governing bodies in the implementation of programs to put this policy into effect; and (e) To encourage all institutions of elementary, secondary, and higher education, where appropriate, to include Native American languages in the curriculum in the same manner as foreign languages and to grant proficiency in Native American languages the same full academic credit as proficiency in foreign languages; (7) Establishing a first peoples’ language, culture, and oral tribal traditions certification program is consistent with the intent of presidential executive order number 13336 from 2004, entitled "American Indian and Alaska native education," to assist students in meeting the challenging student academic standards of the no child left behind act of 2001 (P.L. 107-110) in a manner that is consistent with tribal traditions, languages, and cultures." [2007 c 319 § 1.] Short title—2007 c 319: "This act may be known and cited as the "First peoples’ language, culture, and oral tribal traditions teacher certification act: Honoring our ancestors."" [2007 c 319 § 4.] superintendent is located, to be by him or her placed to the credit of said school district or educational service district: PROVIDED, That if any school district collecting fees for the certification of professional staff does not hold a professional training institute separate from the educational service district then all such moneys shall be placed to the credit of the educational service district. Such fees shall be used solely for the purpose of precertification professional preparation, program evaluation, professional in-service training programs, and provision of certification services by educational service districts, in accordance with rules of the Washington professional educator standards board herein authorized. [2008 c 107 § 1; 2005 c 497 § 206; 1990 c 33 § 407; 1975-’76 2nd ex.s. c 92 § 3; 1975-’76 2nd ex.s. c 15 § 17. Prior: 1975 1st ex.s. c 275 § 134; 1975 1st ex.s. c 192 § 1; 1969 ex.s. c 176 § 144; 1969 ex.s. c 223 § 28A.70.110; prior: 1965 c 139 § 20; 1909 c 97 p 336 § 3; RRS § 4968; prior: 1897 c 118 § 142. Formerly RCW 28A.70.110, 28.70.110, 28.70.120.] Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. Severability—1975-’76 2nd ex.s. c 92: See note following RCW 28A.305.130. Severability—1975 1st ex.s. c 192: "If any provision of this amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975 1st ex.s. c 192 § 3.] Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010. 28A.410.070 Registration of certificates. (1) All certificates issued by the superintendent of public instruction shall be valid and entitle the holder thereof to employment in any school district of the state upon being registered by the school district if designated to do so by the school district, which fact shall be evidenced on the certificate in the words, "Registered for use in . . . . . . district," together with the date of registry, and an official signature of the person registering the same: PROVIDED, That a copy of the original certificate duly certified by the superintendent of public instruction may be used for the purpose of registry and endorsement in lieu of the original. (2) The superintendent of public instruction may accept applications for educator certification that are submitted using an electronic signature from the applicant. [2007 c 401 § 7; 1983 c 56 § 12; 1975-’76 2nd ex.s. c 92 § 4; 1975 1st ex.s. c 275 § 135; 1971 c 48 § 50; 1969 ex.s. c 223 § 28A.70.130. Prior: 1909 c 97 p 338 § 11; RRS § 4976; prior: 1897 c 118 § 147. Formerly RCW 28A.70.130, 28.70.130.] 28A.410.070 28A.410.050 Baccalaureate and masters degree equivalency requirements for vocational instructors— Rules. The Washington professional educator standards board shall develop and adopt rules establishing baccalaureate and masters degree equivalency standards for vocational instructors performing instructional duties and acquiring certification after August 31, 1992. [2005 c 497 § 205; 1992 c 141 § 102; 1989 c 29 § 2; 1987 c 525 § 215. Formerly RCW 28A.70.042.] 28A.410.050 Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040. Intent—Short title—1987 c 525 §§ 202-233: See notes following RCW 28A.410.040. Severability—1987 c 525: See note following RCW 28A.300.050. 28A.410.060 Fee for certification—Disposition. The fee for any certificate, or any renewal thereof, issued by the authority of the state of Washington, and authorizing the holder to teach or perform other professional duties in the public schools of the state shall be not less than one dollar or such reasonable fee therefor as the Washington professional educator standards board by rule shall deem necessary therefor. The fee must accompany the application and cannot be refunded unless the application is withdrawn before it is finally considered. The educational service district superintendent, or other official authorized to receive such fee, shall within thirty days transmit the same to the treasurer of the county in which the office of the educational service district 28A.410.060 [Title 28A RCW—page 186] Findings—2007 c 401: See note following RCW 28A.300.500. Severability—1983 c 56: See note following RCW 28A.195.010. Severability—1975-’76 2nd ex.s. c 92: See note following RCW 28A.305.130. Severability—1971 c 48: See note following RCW 28A.310.250. 28A.410.080 School year—For certification or qualification purposes. The school year for all matters pertaining to teacher certification or for computing experience in teaching shall consist of not fewer than one hundred eighty school days. [1969 ex.s. c 223 § 28A.01.025. Prior: 1909 c 97 p 262 28A.410.080 (2008 Ed.) Certification § 3, part; RRS § 4687, part; prior: 1903 c 104 § 22, part. Formerly RCW 28A.01.025, 28.01.010, part.] 28A.410.090 Revocation or suspension of certificate or permit to teach—Investigation by superintendent of public instruction—Written complaints—Crimes against children—Accessing or possessing material depicting sexually explicit conduct. (1) Any certificate or permit authorized under the provisions of this chapter, chapter 28A.405 RCW, or rules promulgated thereunder may be revoked or suspended by the authority authorized to grant the same based upon a criminal records report authorized by law, or upon the complaint of any school district superintendent, educational service district superintendent, or private school administrator for immorality, violation of written contract, unprofessional conduct, intemperance, or crime against the law of the state. If the superintendent of public instruction has reasonable cause to believe that an alleged violation of this chapter or rules adopted under it has occurred based on a written complaint alleging physical abuse or sexual misconduct by a certificated school employee filed by a parent or another person, but no complaint has been forwarded to the superintendent by a school district superintendent, educational service district superintendent, or private school administrator, and that a school district superintendent, educational service district superintendent, or private school administrator has sufficient notice of the alleged violation and opportunity to file a complaint, the superintendent of public instruction may cause an investigation to be made of the alleged violation, together with such other matters that may be disclosed in the course of the investigation related to certificated personnel. (2) A parent or another person may file a written complaint with the superintendent of public instruction alleging physical abuse or sexual misconduct by a certificated school employee if: (a) The parent or other person has already filed a written complaint with the educational service district superintendent concerning that employee; (b) The educational service district superintendent has not caused an investigation of the allegations and has not forwarded the complaint to the superintendent of public instruction for investigation; and (c) The written complaint states the grounds and factual basis upon which the parent or other person believes an investigation should be conducted. (3) Any such certificate or permit authorized under this chapter or chapter 28A.405 RCW shall be revoked by the authority authorized to grant the certificate upon a guilty plea or the conviction of any felony crime involving the physical neglect of a child under chapter 9A.42 RCW, the physical injury or death of a child under chapter 9A.32 or 9A.36 RCW (excepting motor vehicle violations under chapter 46.61 RCW), sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor under chapter 9A.88 RCW, the sale or purchase of a minor child under RCW 9A.64.030, or violation of similar laws of another jurisdiction. The person whose certificate is in question shall be given an opportunity to be heard. Mandatory permanent revocation upon a guilty plea or the conviction of 28A.410.090 (2008 Ed.) 28A.410.095 felony crimes specified under this subsection shall apply to such convictions or guilty pleas which occur after July 23, 1989. Revocation of any certificate or permit authorized under this chapter or chapter 28A.405 RCW for a guilty plea or criminal conviction occurring prior to July 23, 1989, shall be subject to the provisions of subsection (1) of this section. (4)(a) Any such certificate or permit authorized under this chapter or chapter 28A.405 RCW shall be suspended or revoked, according to the provisions of this subsection, by the authority authorized to grant the certificate upon a finding that an employee has engaged in an unauthorized use of school equipment to intentionally access material depicting sexually explicit conduct or has intentionally possessed on school grounds any material depicting sexually explicit conduct; except for material used in conjunction with established curriculum. A first time violation of this subsection shall result in either suspension or revocation of the employee’s certificate or permit as determined by the office of the superintendent of public instruction. A second violation shall result in a mandatory revocation of the certificate or permit. (b) In all cases under this subsection (4), the person whose certificate is in question shall be given an opportunity to be heard and has the right to appeal as established in RCW 28A.410.100. Certificates or permits shall be suspended or revoked under this subsection only if findings are made on or after July 24, 2005. For the purposes of this subsection, "sexually explicit conduct" has the same definition as provided in RCW 9.68A.011. [2005 c 461 § 2; 2004 c 134 § 2; 1996 c 126 § 2; 1992 c 159 § 4; 1990 c 33 § 408; 1989 c 320 § 1; 1975 1st ex.s. c 275 § 137; 1974 ex.s. c 55 § 2; 1971 c 48 § 51; 1969 ex.s. c 223 § 28A.70.160. Prior: 1909 c 97 p 345 § 1; RRS § 4992; prior: 1897 c 118 § 148. Formerly RCW 28A.70.160, 28.70.160.] Effective date—1996 c 126: See note following RCW 28A.400.305. Findings—1992 c 159: See note following RCW 28A.400.303. Severability—1989 c 320: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1989 c 320 § 7.] Severability—1971 c 48: See note following RCW 28A.310.250. Crimes against children—Notification of conviction or guilty plea of school employee: RCW 43.43.845. 28A.410.095 Violation or noncompliance—Investigatory powers of superintendent of public instruction— Requirements for investigation of alleged sexual misconduct towards a child—Court orders—Contempt—Written findings required. (1) The superintendent of public instruction may initiate and conduct investigations as may be reasonably necessary to establish the existence of any alleged violations of or noncompliance with this chapter or any rules adopted under it. For the purpose of any investigation or proceeding under this chapter, the superintendent or any officer designated by the superintendent may administer oaths and affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records that the superintendent deems relevant and material to the inquiry. (2) Investigations conducted by the superintendent of public instruction concerning alleged sexual misconduct 28A.410.095 [Title 28A RCW—page 187] 28A.410.100 Title 28A RCW: Common School Provisions towards a child shall be completed within one year of the initiation of the investigation or within thirty days of the completion of all proceedings, including court proceedings, resulting from an investigation conducted by law enforcement or child protective services if there is such an investigation. The superintendent of public instruction may take, for reasonable cause, additional time for completion of the investigation after informing the victim, the individual being investigated, and the school district that employs the individual being investigated of the reasons additional time is needed and the amount of additional time needed. Written notification must be provided to each of the parties who must be informed. The sole remedy for a failure to complete an investigation of sexual misconduct within the time allowed by this subsection is a civil penalty of fifty dollars per day for each day beyond the allowed time. (3) If any person fails to obey a subpoena or obeys a subpoena but refuses to give evidence, any court of competent jurisdiction, upon application by the superintendent, may issue to that person an order requiring him or her to appear before the court and to show cause why he or she should not be compelled to obey the subpoena, and give evidence material to the matter under investigation. The failure to obey an order of the court may be punishable as contempt. (4) Once an investigation has been initiated by the superintendent of public instruction, the investigation shall be completed regardless of whether the individual being investigated has resigned his or her position or allowed his or her teaching certificate to lapse. The superintendent shall make a written finding regarding each investigation indicating the actions taken, including a statement of the reasons why a complaint was dismissed or did not warrant further investigation or action by the superintendent, and shall provide such notice to each person who filed the complaint. Written findings under this section are subject to public disclosure under chapter 42.56 RCW. (5) An investigation into sexual or physical abuse of a student by a school employee shall only be initiated by the superintendent of public instruction after the superintendent of public instruction verifies that the incident has been reported to the proper law enforcement agency or the department of social and health services as required under RCW 26.44.030. [2005 c 274 § 245; 2004 c 134 § 1; 1992 c 159 § 5.] Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. Findings—1992 c 159: See note following RCW 28A.400.303. 28A.410.100 Revocation of authority to teach— Hearings and appeals. Any teacher whose certificate to teach has been questioned under RCW 28A.410.090 shall have a right to be heard by the issuing authority before his or her certificate is revoked. Any teacher whose certificate to teach has been revoked shall have a right of appeal to the Washington professional educator standards board if notice of appeal is given by written affidavit to the board within thirty days after the certificate is revoked. An appeal to the Washington professional educator standards board within the time specified shall operate as a stay of revocation proceedings until the next regular or special meeting of said board and until the board’s decision has been 28A.410.100 [Title 28A RCW—page 188] rendered. [2005 c 497 § 207; 1992 c 159 § 6; 1990 c 33 § 409; 1975 1st ex.s. c 275 § 138; 1971 c 48 § 52; 1969 ex.s. c 223 § 28A.70.170. Prior: 1909 c 97 p 346 § 3; RRS § 4994. Formerly RCW 28A.70.170, 28.70.170.] Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. Findings—1992 c 159: See note following RCW 28A.400.303. Severability—1971 c 48: See note following RCW 28A.310.250. 28A.410.105 Certificate or permit suspension—Nonpayment or default on educational loan or scholarship. The authorizing authority shall suspend the certificate or permit of any person who has been certified by a lending agency and reported to the authorizing authority for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person’s certificate or permit shall not be reissued until the person provides the authorizing authority a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for certification or permit during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the authorizing authority may impose. [1996 c 293 § 27.] 28A.410.105 Severability—1996 c 293: See note following RCW 18.04.420. 28A.410.106 Certificate or permit suspension—Noncompliance with support order—Reissuance. Any certificate or permit authorized under this chapter or chapter 28A.405 RCW shall be suspended by the authority authorized to grant the certificate or permit if the department of social and health services certifies that the person is not in compliance with a support order or a *residential or visitation order as provided in RCW 74.20A.320. If the person continues to meet other requirements for reinstatement during the suspension, reissuance of the certificate or permit shall be automatic after the person provides the authority a release issued by the department of social and health services stating that the person is in compliance with the order. [1997 c 58 § 842.] 28A.410.106 *Reviser’s note: 1997 c 58 § 887 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 28A.410.108 Reporting disciplinary actions to national clearinghouse. For the purposes of reporting disciplinary actions taken against certificated staff to other states 28A.410.108 (2008 Ed.) Certification via a national database used by the office of the superintendent of public instruction, the following actions shall be reported: Suspension, surrender, revocation, denial, stayed suspension, reinstatement, and any written reprimand related to abuse and sexual misconduct. These actions will only be reported to the extent that they are accepted by the national clearinghouse, but if there are categories not included, the office of the superintendent of public instruction shall seek modification to the national clearinghouse format. [2004 c 29 § 4.] Findings—2004 c 29: See note following RCW 28A.400.301. 28A.410.110 Limitation on reinstatement after revocation—Reinstatement prohibited for crimes against children. In case any certificate or permit authorized under this chapter or chapter 28A.405 RCW is revoked, the holder shall not be eligible to receive another certificate or permit for a period of twelve months after the date of revocation. However, if the certificate or permit authorized under this chapter or chapter 28A.405 RCW was revoked because of a guilty plea or the conviction of a felony crime involving the physical neglect of a child under chapter 9A.42 RCW, the physical injury or death of a child under chapter 9A.32 or 9A.36 RCW (except motor vehicle violations under chapter 46.61 RCW), sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor under chapter 9A.88 RCW, the sale or purchase of a minor child under RCW 9A.64.030, or violation of similar laws of another jurisdiction, the certificate or permit shall not be reinstated. [1990 c 33 § 410; 1989 c 320 § 2; 1969 ex.s. c 223 § 28A.70.180. Prior: 1909 c 97 p 346 § 2; RRS § 4993. Formerly RCW 28A.70.180, 28.70.180.] 28A.410.110 Severability—1989 c 320: See note following RCW 28A.410.090. 28A.410.120 Professional certification not required of superintendents or deputy or assistant superintendents. Notwithstanding any other provision of this title, the Washington professional educator standards board or superintendent of public instruction shall not require any professional certification or other qualifications of any person elected superintendent of a local school district by that district’s board of directors, or any person hired in any manner to fill a position designated as, or which is, in fact, deputy superintendent, or assistant superintendent. [2005 c 497 § 208; 1990 c 33 § 411; 1975 1st ex.s. c 254 § 3. Formerly RCW 28A.02.260.] 28A.410.120 Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. Severability—1975 1st ex.s. c 254: "If any provision of this 1975 amendatory act, or its application to any person or circumstances is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975 1st ex.s. c 254 § 4.] 28A.410.200 Washington professional educator standards board—Creation—Membership—Executive director. (1)(a) The Washington professional educator standards board is created, consisting of twenty members to be appointed by the governor to four-year terms and the superintendent of public instruction. 28A.410.200 (2008 Ed.) 28A.410.200 (b) As the four-year terms of the first appointees expire or vacancies to the board occur for the first time, the governor shall appoint or reappoint the members of the board to oneyear to four-year staggered terms. Once the one-year to three-year terms expire, all subsequent terms shall be for four years, with the terms expiring on June 30th of the applicable year. The terms shall be staggered in such a way that, where possible, the terms of members representing a specific group do not expire simultaneously. (c) No person may serve as a member of the board for more than two consecutive full four-year terms. (d) The governor shall annually appoint the chair of the board from among the teachers and principals on the board. No board member may serve as chair for more than two consecutive years. (2) Seven of the members shall be public school teachers, one shall be a private school teacher, three shall represent higher education educator preparation programs, four shall be school administrators, two shall be educational staff associates, one shall be a classified employee who assists in public school student instruction, one shall be a parent, and one shall be a member of the public. (3) Public school teachers appointed to the board must: (a) Have at least three years of teaching experience in a Washington public school; (b) Be currently certificated and actively employed in a teaching position; and (c) Include one teacher currently teaching at the elementary school level, one at the middle school level, one at the high school level, and one vocationally certificated. (4) Private school teachers appointed to the board must: (a) Have at least three years of teaching experience in a Washington approved private school; and (b) Be currently certificated and actively employed in a teaching position in an approved private school. (5) Appointees from higher education educator preparation programs must include two representatives from institutions of higher education as defined in RCW 28B.10.016 and one representative from an institution of higher education as defined in RCW 28B.07.020(4). (6) School administrators appointed to the board must: (a) Have at least three years of administrative experience in a Washington public school district; (b) Be currently certificated and actively employed in a school administrator position; and (c) Include two public school principals, one Washington approved private school principal, and one superintendent. (7) Educational staff associates appointed to the board must: (a) Have at least three years of educational staff associate experience in a Washington public school district; and (b) Be currently certificated and actively employed in an educational staff associate position. (8) Public school classified employees appointed to the board must: (a) Have at least three years of experience in assisting in the instruction of students in a Washington public school; and (b) Be currently employed in a position that requires the employee to assist in the instruction of students. [Title 28A RCW—page 189] 28A.410.210 Title 28A RCW: Common School Provisions (9) Each major caucus of the house of representatives and the senate shall submit a list of at least one public school teacher. In making the public school teacher appointments, the governor shall select one nominee from each list provided by each caucus. The governor shall appoint the remaining members of the board from a list of qualified nominees submitted to the governor by organizations representative of the constituencies of the board, from applications from other qualified individuals, or from both nominees and applicants. (10) All appointments to the board made by the governor shall be subject to confirmation by the senate. (11) The governor shall appoint the members of the initial board no later than June 1, 2000. (12) In appointing board members, the governor shall consider the diversity of the population of the state. (13) Each member of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses incurred in carrying out the duties of the board in accordance with RCW 43.03.050 and 43.03.060. (14) The governor may remove a member of the board for neglect of duty, misconduct, malfeasance or misfeasance in office, or for incompetency or unprofessional conduct as defined in chapter 18.130 RCW. In such a case, the governor shall file with the secretary of state a statement of the causes for and the order of removal from office, and the secretary of state shall send a certified copy of the statement of causes and order of removal to the last known post office address of the member. (15) If a vacancy occurs on the board, the governor shall appoint a replacement member from the nominees as specified in subsection (9) of this section to fill the remainder of the unexpired term. When filling a vacancy of a member nominated by a major caucus of the legislature, the governor shall select the new member from a list of at least one name submitted by the same caucus that provided the list from which the retiring member was appointed. (16) Members of the board shall hire an executive director and an administrative assistant to reside in the office of the superintendent of public instruction for administrative purposes only. [2005 c 497 § 202; 2003 1st sp.s. c 22 § 1; 2002 c 92 § 1; 2000 c 39 § 102.] Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. Findings—2000 c 39: "The legislature finds and declares: (1) Creation of a public body whose focus is educator quality would be likely to bring greater focus and attention to the profession; (2) Professional educator standards boards are consumer protection boards, establishing assessment policies to ensure the public that its new practitioners have the knowledge to be competent; (3) The highest possible standards for all educators are essential in ensuring attainment of high academic standards by all students; (4) Teacher assessment for certification can guard against admission to the teaching profession of persons who have not demonstrated that they are knowledgeable in the subjects they will be assigned to teach; and (5) Teacher assessment for certification should be implemented as an additional element to the system of teacher preparation and certification." [2000 c 39 § 101.] Part headings and section captions not law—2000 c 39: "Part headings and section captions used in this act are not any part of the law." [2000 c 39 § 301.] Joint report to the legislature: RCW 28A.305.035. [Title 28A RCW—page 190] 28A.410.210 Washington professional educator standards board—Purpose—Powers and duties. The purpose of the professional educator standards board is to establish policies and requirements for the preparation and certification of educators that provide standards for competency in professional knowledge and practice in the areas of certification; a foundation of skills, knowledge, and attitudes necessary to help students with diverse needs, abilities, cultural experiences, and learning styles meet or exceed the learning goals outlined in RCW 28A.150.210; knowledge of researchbased practice; and professional development throughout a career. The Washington professional educator standards board shall: (1) Establish policies and practices for the approval of programs of courses, requirements, and other activities leading to educator certification including teacher, school administrator, and educational staff associate certification; (2) Establish policies and practices for the approval of the character of work required to be performed as a condition of entrance to and graduation from any educator preparation program including teacher, school administrator, and educational staff associate preparation program as provided in subsection (1) of this section; (3) Establish a list of accredited institutions of higher education of this and other states whose graduates may be awarded educator certificates as teacher, school administrator, and educational staff associate and establish criteria and enter into agreements with other states to acquire reciprocal approval of educator preparation programs and certification, including teacher certification from the national board for professional teaching standards; (4) Establish policies for approval of nontraditional educator preparation programs; (5) Conduct a review of educator program approval standards at least every five years, beginning in 2006, to reflect research findings and assure continued improvement of preparation programs for teachers, administrators, and school specialized personnel; (6) Specify the types and kinds of educator certificates to be issued and conditions for certification in accordance with subsection (1) of this section and RCW 28A.410.010; (7) Hear and determine educator certification appeals as provided by RCW 28A.410.100; (8) Apply for and receive federal or other funds on behalf of the state for purposes related to the duties of the board; (9) Adopt rules under chapter 34.05 RCW that are necessary for the effective and efficient implementation of this chapter; (10) Maintain data concerning educator preparation programs and their quality, educator certification, educator employment trends and needs, and other data deemed relevant by the board; (11) Serve as an advisory body to the superintendent of public instruction on issues related to educator recruitment, hiring, mentoring and support, professional growth, retention, educator evaluation including but not limited to peer evaluation, and revocation and suspension of licensure; (12) Submit, by October 15th of each even-numbered year, a joint report with the state board of education to the legislative education committees, the governor, and the superintendent of public instruction. The report shall address 28A.410.210 (2008 Ed.) Certification the progress the boards have made and the obstacles they have encountered, individually and collectively, in the work of achieving the goals set out in RCW 28A.150.210; (13) Establish the prospective teacher assessment system for basic skills and subject knowledge that shall be required to obtain residency certification pursuant to RCW 28A.410.220 through 28A.410.240; (14) By January 2010, set performance standards and develop, pilot, and implement a uniform and externally administered professional-level certification assessment based on demonstrated teaching skill. In the development of this assessment, consideration shall be given to changes in professional certification program components such as the culminating seminar; and (15) Conduct meetings under the provisions of chapter 42.30 RCW. [2008 c 176 § 1; 2005 c 497 § 201; 2000 c 39 § 103.] Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. Findings—Part headings and section captions not law—2000 c 39: See notes following RCW 28A.410.200. 28A.410.220 Washington professional educator standards board—Performance standards and professionallevel certification assessment—Basic skills assessment— Assessment of subject knowledge—Administration of section—Rule-making authority. (1)(a) Beginning not later than September 1, 2001, the Washington professional educator standards board shall make available and pilot a means of assessing an applicant’s knowledge in the basic skills. For the purposes of this section, "basic skills" means the subjects of at least reading, writing, and mathematics. Beginning September 1, 2002, except as provided in (c) of this subsection and subsection (4) of this section, passing this assessment shall be required for admission to approved teacher preparation programs and for persons from out-of-state applying for a Washington state residency teaching certificate. (b) On an individual student basis, approved teacher preparation programs may admit into their programs a candidate who has not achieved the minimum basic skills assessment score established by the Washington professional educator standards board. Individuals so admitted may not receive residency certification without passing the basic skills assessment under this section. (c) The Washington professional educator standards board may establish criteria to ensure that persons from outof-state who are applying for residency certification and persons applying to master’s degree level teacher preparation programs can demonstrate to the board’s satisfaction that they have the requisite basic skills based upon having completed another basic skills assessment acceptable to the Washington professional educator standards board or by some other alternative approved by the Washington professional educator standards board. (2) The professional educator standards board shall set performance standards and develop, pilot, and implement a uniform and externally administered professional-level certification assessment based on demonstrated teaching skill. In the development of this assessment, consideration shall be given to changes in professional certification program components such as the culminating seminar. 28A.410.220 (2008 Ed.) 28A.410.220 (3) Beginning not later than September 1, 2002, the Washington professional educator standards board shall provide for the initial piloting and implementation of a means of assessing an applicant’s knowledge in the subjects for which the applicant has applied for an endorsement to his or her residency or professional teaching certificate. The assessment of subject knowledge shall not include instructional methodology. Beginning September 1, 2005, passing this assessment shall be required to receive an endorsement for certification purposes. (4) The Washington professional educator standards board may permit exceptions from the assessment requirements under subsections (1), (2), and (3) of this section on a case-by-case basis. (5) The Washington professional educator standards board shall provide for reasonable accommodations for individuals who are required to take the assessments in subsection (1), (2), or (3) of this section if the individuals have learning or other disabilities. (6) With the exception of applicants exempt from the requirements of subsections (1), (2), and (3) of this section, an applicant must achieve a minimum assessment score or scores established by the Washington professional educator standards board on each of the assessments under subsections (1), (2), and (3) of this section. (7) The Washington professional educator standards board and superintendent of public instruction, as determined by the Washington professional educator standards board, may contract with one or more third parties for: (a) The development, purchase, administration, scoring, and reporting of scores of the assessments established by the Washington professional educator standards board under subsections (1), (2), and (3) of this section; (b) Related clerical and administrative activities; or (c) Any combination of the purposes in this subsection. (8) Applicants for admission to a Washington teacher preparation program and applicants for residency and professional certificates who are required to successfully complete one or more of the assessments under subsections (1), (2), and (3) of this section, and who are charged a fee for the assessment by a third party contracted with under subsection (7) of this section, shall pay the fee charged by the contractor directly to the contractor. Such fees shall be reasonably related to the actual costs of the contractor in providing the assessment. (9) The superintendent of public instruction is responsible for supervision and providing support services to administer this section. (10) The Washington professional educator standards board shall collaboratively select or develop and implement the assessments and minimum assessment scores required under this section with the superintendent of public instruction and shall provide opportunities for representatives of other interested educational organizations to participate in the selection or development and implementation of such assessments in a manner deemed appropriate by the Washington professional educator standards board. (11) The Washington professional educator standards board shall adopt rules under chapter 34.05 RCW that are reasonably necessary for the effective and efficient imple[Title 28A RCW—page 191] 28A.410.225 Title 28A RCW: Common School Provisions mentation of this section. [2008 c 176 § 2; 2002 c 92 § 2; 2000 c 39 § 201.] Findings—Part headings and section captions not law—2000 c 39: See notes following RCW 28A.410.200. 28A.410.225 Washington professional educator standards board—Endorsement requirements—Teachers of deaf and hard of hearing students. The agency responsible for teacher certification shall develop certification endorsement requirements for teachers of deaf and hard of hearing students. The endorsement shall be focused on the specific skills and knowledge necessary to serve the education and communication needs of deaf and hard of hearing students. In establishing rules for the endorsement of teachers who will be working almost exclusively with students who are deaf or hard of hearing, the agency shall consider applicants to have met state endorsement requirements if they possess a baccalaureate or master’s degree in deaf education from a teacher training program approved by the council on education of the deaf. [2005 c 493 § 2.] 28A.410.225 Findings—Intent—2005 c 493: "The legislature finds that the quality of education for children who are deaf or hard of hearing and the expectations for those children’s achievement should be equivalent to those for children throughout the state. The legislature also finds that deaf and hard of hearing children can benefit greatly if they are taught by an educator who is trained to understand the learning and communication issues the children face. Educators who received teacher training in a program for the deaf and hard of hearing are sensitive to the needs of deaf and hard of hearing students and are able to provide appropriate strategies to assist students in reacting to and interacting with their environment. The legislature intends to assist school districts in their efforts to attract teachers who are especially trained to work with deaf and hard of hearing students by directing the state board of education to establish a certification endorsement for teachers of the deaf and hard of hearing." [2005 c 493 § 1.] 28A.410.230 Washington professional educator standards board—Review of proposed assessments before implementation. The Washington professional educator standards board shall report the proposed assessments to the legislative education committees for review and comment prior to implementing the assessments by contractual agreement with the selected vendor or vendors. [2000 c 39 § 202.] 28A.410.230 Findings—Part headings and section captions not law—2000 c 39: See notes following RCW 28A.410.200. 28A.410.240 Washington professional educator standards board—Reports. (1) By December 1, 2003, and annually thereafter, the Washington professional educator standards board shall prepare a report that includes the following information: (a) The range of scores on the basic skills assessment under RCW 28A.410.220(1) for persons who passed the assessment and were admitted to a Washington preparation program; and (b) The range of scores on the subject assessments under *RCW 28A.410.220(2) for persons who passed the assessments and earned an endorsement. (2) The information under subsection (1) of this section shall be reported for the individual public and private colleges and universities in Washington, as well as reported on an aggregate basis. The report shall also include results disaggregated demographically. The report shall include information on the number and percentage of candidates exempted 28A.410.240 [Title 28A RCW—page 192] from assessments, demographic information on candidates exempted, institutions attended and endorsements sought by exempted candidates, and reasons for exclusion from the required assessments. The report shall be made available through the state library, on the web site of the office of superintendent of public instruction, and placed on the legislative alert list. [2000 c 39 § 203.] *Reviser’s note: RCW 28A.410.220 was amended by 2008 c 176 § 2, changing subsection (2) to subsection (3). Findings—Part headings and section captions not law—2000 c 39: See notes following RCW 28A.410.200. 28A.410.250 Washington professional educator standards board—Professional certification—Rules. The agency responsible for educator certification shall adopt rules for professional certification that: (1) Provide maximum program choice for applicants, promote portability among programs, and promote maximum efficiency for applicants in attaining professional certification; (2) Require professional certification no earlier than the fifth year following the year that the teacher first completes provisional status, with an automatic two-year extension upon enrollment; (3) Grant professional certification to any teacher who attains certification from the national board for professional teaching standards; (4) Permit any teacher currently enrolled in or participating in a program leading to professional certification to continue the program under administrative rules in place when the teacher began the program; (5) Provide criteria for the approval of educational service districts, beginning no later than August 31, 2007, to offer programs leading to professional certification. The rules shall be written to encourage institutions of higher education and educational service districts to partner with local school districts or consortia of school districts, as appropriate, to provide instruction for teachers seeking professional certification; (6) Encourage institutions of higher education to offer professional certificate coursework as continuing education credit hours. This shall not prevent an institution of higher education from providing the option of including the professional certification requirements as part of a master’s degree program; (7) Provide criteria for a liaison relationship between approved programs and school districts in which applicants are employed; (8) Identify an expedited professional certification process for out-of-state teachers who have five years or more of successful teaching experience to demonstrate skills and impact on student learning commensurate with Washington requirements for professional certification. The rules may require these teachers, within one year of the time they begin to teach in the state’s public schools, take a course in or show evidence that they can teach to the state’s essential academic learning requirements; and (9) Identify an evaluation process of approved programs that includes a review of the program coursework and applicant coursework load requirements, linkages of programs to individual teacher professional growth plans, linkages to 28A.410.250 (2008 Ed.) Institutes, Workshops, and Training school district and school improvement plans, and, to the extent possible, linkages to school district professional enrichment and growth programs for teachers, where such programs are in place in school districts. The agency shall provide a preliminary report on the evaluation process to the senate and house of representatives committees on education policy by November 1, 2005. The board shall identify: (a) A process for awarding conditional approval of a program that shall include annual evaluations of the program until the program is awarded full approval; (b) A less intensive evaluation cycle every three years once a program receives full approval unless the responsible agency has reason to intensify the evaluation; (c) A method for investigating programs that have received numerous complaints from students enrolled in the program and from those recently completing the program; (d) A method for investigating programs at the reasonable discretion of the agency; and (e) A method for using, in the evaluation, both program completer satisfaction responses and data on the impact of educators who have obtained professional certification on student work and achievement. [2005 c 498 § 2.] Intent—2005 c 498: "The legislature recognizes the importance of ongoing professional development and growth for teachers with the goal of improving student achievement. It is the intent of the legislature to ensure that professional certification is administered in such a way as to ensure that the professional development and growth of individual teachers is directly aligned to their current and future teaching responsibilities as professional educators." [2005 c 498 § 1.] Chapter 28A.415 RCW INSTITUTES, WORKSHOPS, AND TRAINING Chapter 28A.415 (Formerly: Teachers’ institutes, workshops, and other in-service training) Sections 28A.415.010 Center for improvement of teaching—Improvement of teaching coordinating council—Teachers’ institutes and workshops. 28A.415.020 Credit on salary schedule for approved in-service training, continuing education, and internship. 28A.415.023 Credit on salary schedule for approved in-service training, continuing education, or internship—Course content— Rules. 28A.415.024 Credit on salary schedule—Accredited institutions—Verification—Penalty for submitting credits from unaccredited institutions. 28A.415.025 Internship clock hours—Rules. 28A.415.030 In-Service Training Act of 1977—Purpose. 28A.415.040 In-Service Training Act of 1977—Administration of funds— Rules—Requirements for local districts—In-service training task force. 28A.415.060 Credits for educational staff associates to fulfill continuing education requirements. 28A.415.100 Student teaching centers—Legislative recognition—Intent. 28A.415.105 Definitions. 28A.415.125 Network of student teaching centers. 28A.415.130 Allocation of funds for student teaching centers. 28A.415.135 Alternative means of teacher placement. 28A.415.140 Field experiences. 28A.415.145 Rules. 28A.415.250 Teacher assistance program—Provision for mentor teachers. 28A.415.260 Pilot program using full-time mentor teachers. 28A.415.270 Principal internship support program. 28A.415.280 Superintendent and program administrator internship support program. 28A.415.300 Rules. 28A.415.310 Paraprofessional training program. 28A.415.315 Classified instructional assistants—Training. 28A.415.330 Professional development institutes—Managing disruptive students. 28A.415.340 State leadership academy—Public-private partnership— Reports. (2008 Ed.) 28A.415.010 28A.415.350 Professional development learning opportunities—Partnerships. 28A.415.360 Learning improvement days—Expected outcomes—Reports. 28A.415.370 Recruiting Washington teachers program. 28A.415.380 Mathematics and science instructional coach program— Evaluation—Reports. 28A.415.010 Center for improvement of teaching— Improvement of teaching coordinating council—Teachers’ institutes and workshops. It shall be the responsibility of each educational service district board to establish a center for the improvement of teaching. The center shall administer, coordinate, and act as fiscal agent for such programs related to the recruitment and training of certificated and classified K-12 education personnel as may be delegated to the center by the superintendent of public instruction under RCW 28A.310.470. To assist in these activities, each educational service district board shall establish an improvement of teaching coordinating council to include, at a minimum, representatives as specified in RCW 28A.415.040. An existing in-service training task force, established pursuant to RCW 28A.415.040, may serve as the improvement of teaching coordinating council. The educational service district board shall ensure coordination of programs established pursuant to RCW 28A.415.030, 28A.410.060, and 28A.415.250. The educational service district board may arrange each year for the holding of one or more teachers’ institutes and/or workshops for professional staff preparation and in-service training in such manner and at such time as the board believes will be of benefit to the teachers and other professional staff of school districts within the educational service district and shall comply with rules of the professional educator standards board pursuant to RCW 28A.410.060 or the superintendent of public instruction pursuant to RCW 28A.415.250. The board may provide such additional means of teacher and other professional staff preparation and in-service training as it may deem necessary or appropriate and there shall be a proper charge against the educational service district general expense fund when approved by the educational service district board. Educational service district boards of contiguous educational service districts, by mutual arrangements, may hold joint institutes and/or workshops, the expenses to be shared in proportion to the numbers of certificated personnel as shown by the last annual reports of the educational service districts holding such joint institutes or workshops. In local school districts employing more than one hundred teachers and other professional staff, the school district superintendent may hold a teachers’ institute of one or more days in such district, said institute when so held by the school district superintendent to be in all respects governed by the provisions of this title and rules relating to teachers’ institutes held by educational service district superintendents. [2006 c 263 § 807; 1991 c 285 § 1; 1990 c 33 § 414; 1975-’76 2nd ex.s. c 15 § 18. Prior: 1975 1st ex.s. c 275 § 139; 1975 1st ex.s. c 192 § 2; 1971 ex.s. c 282 § 31; 1969 ex.s. c 176 § 146; 1969 ex.s. c 223 § 28A.71.100; prior: 1965 c 139 § 21. Formerly RCW 28A.71.100, 28.71.100.] 28A.415.010 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Severability—1975 1st ex.s. c 192: See note following RCW 28A.410.060. [Title 28A RCW—page 193] 28A.415.020 Title 28A RCW: Common School Provisions Seve ra bi li ty—1 971 e x.s. c 282 : Se e no te fo llo wing R CW 28A.310.010. Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010. Transitional bilingual instruction program—In-service training: RCW 28A.180.040(5). 28A.415.020 Credit on salary schedule for approved in-service training, continuing education, and internship. (1) Certificated personnel shall receive for each ten clock hours of approved in-service training attended the equivalent of a one credit college quarter course on the salary schedule developed by the legislative evaluation and accountability program committee. (2) Certificated personnel shall receive for each ten clock hours of approved continuing education earned, as continuing education is defined by rule adopted by the professional educator standards board, the equivalent of a one credit college quarter course on the salary schedule developed by the legislative evaluation and accountability program committee. (3) Certificated personnel shall receive for each forty clock hours of participation in an approved internship with a business, an industry, or government, as an internship is defined by rule of the professional educator standards board in accordance with RCW 28A.415.025, the equivalent of a one credit college quarter course on the salary schedule developed by the legislative evaluation and accountability program committee. (4) An approved in-service training program shall be a program approved by a school district board of directors, which meet standards adopted by the professional educator standards board, and the development of said program has been participated in by an in-service training task force whose membership is the same as provided under RCW 28A.415.040, or a program offered by an education agency approved to provide in-service for the purposes of continuing education as provided for under rules adopted by the professional educator standards board, or both. (5) Clock hours eligible for application to the salary schedule developed by the legislative evaluation and accountability program committee as described in subsections (1) and (2) of this section, shall be those hours acquired after August 31, 1987. Clock hours eligible for application to the salary schedule as described in subsection (3) of this section shall be those hours acquired after December 31, 1995. (6) In-service training or continuing education in first peoples’ language, culture, or oral tribal traditions provided by a sovereign tribal government participating in the Washington state first peoples’ language, culture, and oral tribal traditions teacher certification program authorized under RCW 28A.410.045 shall be considered approved in-service training or approved continuing education under this section and RCW 28A.415.023. [2007 c 319 § 3; 2006 c 263 § 808; 1995 c 284 § 2; 1990 c 33 § 415; 1987 c 519 § 1. Formerly RCW 28A.71.110.] 28A.415.020 Findings—Short title—2007 c 319: See notes following RCW 28A.410.045. Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Findings—1995 c 284: "The legislature finds that if students are to succeed in an increasingly competitive economy, they will need to be taught by teachers who are aware of the technological innovations and changes that are [Title 28A RCW—page 194] occurring throughout business, industry, and government. Having teachers who are more aware of these changes will lead to improvements in curriculum and instruction, thereby making public schools more relevant to the future career and personal needs of our students." [1995 c 284 § 1.] 28A.415.023 Credit on salary schedule for approved in-service training, continuing education, or internship— Course content—Rules. (1) Credits earned by certificated instructional staff after September 1, 1995, shall be eligible for application to the salary schedule developed by the legislative evaluation and accountability program committee only if the course content: (a) Is consistent with a school-based plan for mastery of student learning goals as referenced in RCW 28A.655.110, the annual school performance report, for the school in which the individual is assigned; (b) Pertains to the individual’s current assignment or expected assignment for the subsequent school year; (c) Is necessary to obtain an endorsement as prescribed by the Washington professional educator standards board; (d) Is specifically required to obtain advanced levels of certification; (e) Is included in a college or university degree program that pertains to the individual’s current assignment, or potential future assignment, as a certified instructional staff; or (f) Addresses research-based assessment and instructional strategies for students with dyslexia, dysgraphia, and language disabilities when addressing learning goal one under RCW 28A.150.210, as applicable and appropriate for individual certificated instructional staff. (2) For the purpose of this section, "credits" mean college quarter hour credits and equivalent credits for approved in-service, approved continuing education, or approved internship hours computed in accordance with RCW 28A.415.020. (3) The superintendent of public instruction shall adopt rules and standards consistent with the limits established by this section for certificated instructional staff. [2005 c 497 § 209; 2005 c 393 § 1; 1997 c 90 § 1.] 28A.415.023 Reviser’s note: This section was amended by 2005 c 393 § 1 and by 2005 c 497 § 209, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. 28A.415.024 Credit on salary schedule—Accredited institutions—Verification—Penalty for submitting credits from unaccredited institutions. (1) All credits earned in furtherance of degrees earned by certificated staff, that are used to increase earnings on the salary schedule consistent with RCW 28A.415.023, must be obtained from an educational institution accredited by an accrediting association recognized by rule of the professional educator standards board. (2) The office of the superintendent of public instruction shall verify for school districts the accreditation status of educational institutions granting degrees that are used by certificated staff to increase earnings on the salary schedule consistent with RCW 28A.415.023. (3) The office of the superintendent of public instruction shall provide school districts with training and additional resources to ensure they can verify that degrees earned by 28A.415.024 (2008 Ed.) Institutes, Workshops, and Training certificated staff, that are used to increase earnings on the salary schedule consistent with RCW 28A.415.023, are obtained from an educational institution accredited by an accrediting association recognized by rule of the professional educator standards board. (4)(a) No school district may submit degree information before there has been verification of accreditation under subsection (3) of this section. (b) Certificated staff who submit degrees received from an unaccredited educational institution for the purposes of receiving a salary increase shall be fined three hundred dollars. The fine shall be paid to the office of the superintendent of public instruction and used for costs of administering this section. (c) In addition to the fine in (b) of this subsection, certificated staff who receive salary increases based upon degrees earned from educational institutions that have been verified to be unaccredited must reimburse the district for any compensation received based on these degrees. [2006 c 263 § 809; 2005 c 461 § 1.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.415.025 Internship clock hours—Rules. The professional educator standards board shall establish rules for awarding clock hours for participation of certificated personnel in internships with business, industry, or government. To receive clock hours for an internship, the individual must demonstrate that the internship will provide beneficial skills and knowledge in an area directly related to his or her current assignment, or to his or her assignment for the following school year. An individual may not receive more than the equivalent of two college quarter credits for internships during a calendar-year period. The total number of credits for internships that an individual may earn to advance on the salary schedule developed by the legislative evaluation and accountability program committee or its successor agency is limited to the equivalent of fifteen college quarter credits. [2006 c 263 § 810; 1995 c 284 § 3.] 28A.415.025 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Findings—1995 c 284: See note following RCW 28A.415.020. 28A.415.100 sified personnel and to supervise the conduct of such programs. The superintendent of public instruction shall adopt rules in accordance with chapter 34.05 RCW that provide for the allocation of such funds to public school district or educational service district applicants on such conditions and for such training programs as he or she deems to be in the best interest of the public school system: PROVIDED, That each district requesting such funds shall have: (1) Conducted a district needs assessment, including plans developed at the building level, to be reviewed and updated at least every two years, of certificated and classified personnel to determine identified strengths and weakness of personnel that would be strengthened by such in-service training program; (2) Demonstrate that the plans are consistent with the goals of basic education; (3) Established an in-service training task force and demonstrated to the superintendent of public instruction that the task force has participated in identifying in-service training needs and goals; and (4) Demonstrated to the superintendent of public instruction its intention to implement the recommendations of the needs assessment and thereafter the progress it has made in providing in-service training as identified in the needs assessment. The task force required by this section shall be composed of representatives from the ranks of administrators, building principals, teachers, classified and support personnel employed by the applicant school district or educational service district, from the public, and from an institution(s) of higher education, in such numbers as shall be established by the school district board of directors or educational service district board of directors. [1987 c 525 § 301; 1985 c 214 § 1; 1979 c 149 § 10; 1977 ex.s. c 189 § 2. Formerly RCW 28A.71.210.] Severability—1987 c 525: See note following RCW 28A.630.100. Severability—1979 c 149: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 c 149 § 11.] Seve ra bili ty— 1977 e x.s. c 189 : Se e no te fo llo wing R CW 28A.300.050. 28A.415.060 Credits for educational staff associates to fulfill continuing education requirements. The Washington professional educator standards board rules for continuing education shall provide that educational staff associates may use credits or clock hours that satisfy the continuing education requirements for their state professional licensure, if any, to fulfill the continuing education requirements established by the Washington professional educator standards board. [2005 c 497 § 210; 1991 c 155 § 1.] 28A.415.060 28A.415.030 In-Service Training Act of 1977—Purpose. In order to provide for the improvement of the instructional process in the public schools and maintain and improve the skills of public school certificated and classified personnel, there is hereby adopted an act to be known as the "In-Service Training Act of 1977". [1977 ex.s. c 189 § 1. Formerly RCW 28A.71.200.] 28A.415.030 Severability—1977 ex.s. c 189: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1977 ex.s. c 189 § 4.] Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. 28A.415.040 In-Service Training Act of 1977— Administration of funds—Rules—Requirements for local districts—In-service training task force. The superintendent of public instruction is hereby empowered to administer funds now or hereafter appropriated for the conduct of in-service training programs for public school certificated and clas- 28A.415.100 Student teaching centers—Legislative recognition—Intent. (1) The legislature recognizes that: (a) Strong teacher preparation programs are vital to the success of the state’s entire education system; (b) Clinical field experiences, particularly student teaching, are critical to the developmental preparation of teacher 28A.415.040 (2008 Ed.) 28A.415.100 [Title 28A RCW—page 195] 28A.415.105 Title 28A RCW: Common School Provisions candidates and to the success of teacher preparation programs; (c) Schools, school districts, educational service districts, and institutions of higher education benefit mutually from cooperative relationships that provide teacher candidates with appropriate, necessary, and successful student teaching experiences that establish continuity between the theory and practice of teaching; (d) Positive student teaching experiences result from the careful match between cooperating teachers and student teachers; (e) Teacher candidates should have student teaching opportunities and other field experiences that are reflective of the diversity existing among schools and school districts statewide; and (f) School districts statewide should have access to student teachers. (2) Therefore, in support of quality, professional, research-based training of prospective teachers, it is the intent of the legislature to continue its support of evolving partnerships among schools, school districts, educational service districts, community colleges, and colleges and universities, that are: (a) Benefiting the teaching profession; (b) Enhancing the ability of all new teachers to assume initial teaching responsibilities with greater confidence and a higher level of training; (c) Providing important and positive mentoring opportunities for experienced teachers; and (d) Strengthening cooperation and communication between the precollegiate and collegiate sectors of the state education system. [1991 c 258 § 1.] 28A.415.105 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 28A.415.125 through 28A.415.140. (1) "Cooperating organizations" means that at least one school district, one college or university, and one educational service district are involved jointly with the development of a student teaching center. (2) "Cooperating teacher" means a teacher who holds a continuing certificate and supervises and coaches a student teacher. (3) "Field experience" means opportunities for observation, tutoring, microteaching, extended practicums, and clinical and laboratory experiences which do not fall within the meaning of student teaching. (4) "School setting" means a classroom in a public, common school in the state of Washington. (5) "Student teacher" means a candidate for initial teacher certification who is in a professional educator standards board-approved, or regionally or nationally accredited teacher preparation program in a school setting as part of the field-based component of their preparation program. (6) "Student teaching" means the full quarter or semester in a school setting during which the student teacher observes the cooperating teacher, participates in instructional activities, and assumes both part-time and full-time teaching responsibilities under the supervision of the cooperating teacher. 28A.415.105 [Title 28A RCW—page 196] (7) "Student teaching center" means the program established to provide student teachers in a geographic region of the state with special support and training as part of their teacher preparation program. (8) "Supervisor or university supervisor" means the regular or adjunct faculty member, or college or universityapproved designee, who assists and supervises the work of cooperating teachers and student teachers. [2006 c 263 § 811; 1995 c 335 § 403; 1991 c 258 § 2.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360. 28A.415.125 Network of student teaching centers. The professional educator standards board, from appropriated funds, shall establish a network of student teaching centers to support the continuing development of the field-based component of teacher preparation programs. The purpose of the training centers is to: (1) Expand opportunities for student teacher placements in school districts statewide, with an emphasis on those populations and locations that are unserved or underserved; (2) Provide cooperating teachers for all student teachers during their student internship for up to two academic quarters; (3) Enhance the student teaching component of teacher preparation programs, including a placement of student teachers in special education and multi-ethnic school settings; and (4) Expand access to each other and opportunities for collaboration in teacher education between colleges and universities and school districts. [2006 c 263 § 812; 1991 c 258 § 6.] 28A.415.125 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.415.130 Allocation of funds for student teaching centers. Funds for the student teaching centers shall be allocated by the superintendent of public instruction among the educational service district regions on the basis of student teaching placements. The fiscal agent for each center shall be either an educational service district or a state institution of higher education. Prospective fiscal agents shall document to the professional educator standards board the following information: (1) The existing or proposed center was developed jointly through a process including participation by at least one school district, one college or university, and one educational service district; (2) Primary administration for each center shall be the responsibility of one or more of the cooperating organizations; (3) Assurance that the training center program provides appropriate and necessary training in observation, supervision, and assistance skills and techniques for: (a) Cooperating teachers; (b) Other school building personnel; and (c) School district employees. [2006 c 263 § 813; 1991 c 258 § 7.] 28A.415.130 (2008 Ed.) Institutes, Workshops, and Training Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.415.135 28A.415.135 Alternative means of teacher placement. The student teaching centers shall be an alternative means of placing teachers into school districts throughout the state. Nothing in RCW 28A.415.100 through 28A.415.140 or 28A.415.250 precludes a higher education institution that is not a participant in a training center from placing student teachers into a district that may be participating formally with other institutions in a student teaching center program, or placing student teachers into districts pursuant to an agreement between the institution and district. [1991 c 258 § 8.] 28A.415.140 28A.415.140 Field experiences. Field experiences may be provided through a student teaching center. The cost of providing such experiences and opportunities shall be the sole responsibility of the participants cooperating in the operation of the center. [1991 c 258 § 9.] 28A.415.145 28A.415.145 Rules. The professional educator standards board and the superintendent of public instruction shall adopt rules as necessary under chapter 34.05 RCW to carry out the purposes of RCW 28A.415.100 through 28A.415.140. [2006 c 263 § 814; 1991 c 258 § 10.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.415.250 28A.415.250 Teacher assistance program—Provision for mentor teachers. The superintendent of public instruction shall adopt rules to establish and operate a teacher assistance program. For the purposes of this section, the terms "mentor teachers," "beginning teachers," and "experienced teachers" may include any person possessing any one of the various certificates issued by the superintendent of public instruction under RCW 28A.410.010. The program shall provide for: (1) Assistance by mentor teachers who will provide a source of continuing and sustained support to beginning teachers, or experienced teachers who are having difficulties, or both, both in and outside the classroom. A mentor teacher may not be involved in evaluations under RCW 28A.405.100 of a teacher who receives assistance from said mentor teacher under the teacher assistance program established under this section. The mentor teachers shall also periodically inform their principals respecting the contents of training sessions and other program activities; (2) Stipends for mentor teachers and beginning and experienced teachers which shall not be deemed compensation for the purposes of salary lid compliance under RCW 28A.400.200: PROVIDED, That stipends shall not be subject to the continuing contract provisions of this title; (3) Workshops for the training of mentor and beginning teachers; (4) The use of substitutes to give mentor teachers, beginning teachers, and experienced teachers opportunities to jointly observe and evaluate teaching situations and to give mentor teachers opportunities to observe and assist beginning and experienced teachers in the classroom; (2008 Ed.) 28A.415.270 (5) Mentor teachers who are superior teachers based on their evaluations, pursuant to RCW *28A.405.010 through 28A.405.240, and who hold valid continuing certificates; (6) Mentor teachers shall be selected by the district and may serve as mentors up to and including full time. If a bargaining unit, certified pursuant to RCW 41.59.090 exists within the district, classroom teachers representing the bargaining unit shall participate in the mentor teacher selection process; and (7) Periodic consultation by the superintendent of public instruction or the superintendent’s designee with representatives of educational organizations and associations, including educational service districts and public and private institutions of higher education, for the purposes of improving communication and cooperation and program review. [1993 c 336 § 401; 1991 c 116 § 19; 1990 c 33 § 403; 1987 c 507 § 1; 1985 c 399 § 1. Formerly RCW 28A.405.450, 28A.67.240.] *Reviser’s note: RCW 28A.405.010 was recodified as RCW 28A.410.025 pursuant to 1995 c 335 § 305. Findings—Intent—Part headings not law—1993 c 336: See notes following RCW 28A.150.210. Findings—1993 c 336: See note following RCW 28A.150.210. Effective date—1987 c 507: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect June 15, 1987." [1987 c 507 § 4.] 28A.415.260 Pilot program using full-time mentor teachers. (1) To the extent specific funds are appropriated for the pilot program in this section, the superintendent of public instruction shall establish a pilot program to support the pairing of full-time mentor teachers with experienced teachers who are having difficulties and full-time mentor teachers with beginning teachers under RCW 28A.415.250. (2) The superintendent of public instruction shall appoint an oversight committee, which shall include teachers and administrators from the pilot districts, that shall be involved in the evaluation of the pilot program under this section. (3) The superintendent of public instruction shall adopt rules as necessary under chapter 34.05 RCW to implement the pilot program established under subsection (1) of this section. [1998 c 245 § 12; 1993 c 336 § 402.] 28A.415.260 Findings—Intent—Part headings not law—1993 c 336: See notes following RCW 28A.150.210. Findings—1993 c 336: See note following RCW 28A.150.210. 28A.415.270 Principal internship support program. (1) To the extent funds are appropriated, the Washington state principal internship support program is created beginning in the 1994-95 school year. The purpose of the program is to provide funds to school districts to provide partial release time for district employees who are in a principal preparation program to complete an internship with a mentor principal. Funds may be used in a variety of ways to accommodate flexible implementation in releasing the intern to meet program requirements. (2) Participants in the principal internship support program shall be selected as follows: (a) The candidate shall be enrolled in a state board-approved school principal preparation program; 28A.415.270 [Title 28A RCW—page 197] 28A.415.280 Title 28A RCW: Common School Provisions (b) The candidate shall apply in writing to his or her local school district; (c) Each school district shall determine which applicants meet its criteria for participation in the principal internship support program and shall notify its educational service district of the school district’s selected applicants. When submitting the names of applicants, the school district shall identify a mentor principal for each principal intern applicant, and shall agree to provide the internship applicant release time not to exceed the equivalent of forty-five student days by means of this funding source; and (d) Educational service districts, with the assistance of an advisory board, shall select internship participants. (3) The maximum amount of state funding for each internship shall not exceed the actual daily rate cost of providing a substitute teacher for the equivalent of forty-five school days. (4) Funds appropriated for the principal internship support program shall be allocated by the superintendent of public instruction to the educational service districts based on the percentage of full-time equivalent public school students enrolled in school districts in each educational service district. If it is not possible to find qualified candidates within the educational service district, the positions remain unfilled, and any unspent funds shall revert to the superintendent of public instruction for supplementary direct disbursement. The superintendent of public instruction shall allocate any remaining unfilled positions and unspent funds among the educational service districts that have qualified candidates but not enough positions for them. This subsection does not preclude the superintendent of public instruction from permitting the affected educational service districts to make the supplementary selections. (5) Once principal internship participants have been selected, the educational service districts shall allocate the funds to the appropriate school districts. The funds shall be used to pay for partial release time while the school district employee is completing the principal internship. (6) Educational service districts may be reimbursed for costs associated with implementing the program. Reimbursement rates shall be determined by the superintendent of public instruction. [1996 c 233 § 1; 1993 c 336 § 404.] Findings—Intent—Part headings not law—1993 c 336: See notes following RCW 28A.150.210. Findings—1993 c 336: See note following RCW 28A.150.210. 28A.415.280 Superintendent and program administrator internship support program. (1) To the extent funds are appropriated, the Washington state superintendent and program administrator internship support program is created beginning in the 1994-95 school year. The purpose of the program is to provide funds to school districts to provide partial release time for district employees who are in a superintendent or program administrator preparation program to complete an internship with a mentor administrator. Funds may be used in a variety of ways to accommodate flexible implementation in releasing the intern to meet program requirements. (2) Participants in the superintendent and program administrator internship support program shall be selected as follows: 28A.415.280 [Title 28A RCW—page 198] (a) The candidate shall be enrolled in a state boardapproved school district superintendent or program administrator preparation program; (b) The candidate shall apply in writing to his or her local school district; (c) Each school district shall determine which applicants meet its criteria for participation in the internship support program and shall notify its educational service district of the school district’s selected applicants. When submitting the names of applicants, the school district shall identify a mentor administrator for each intern applicant and shall agree to provide the internship applicant release time not to exceed the equivalent of forty-five student days by means of this funding source; and (d) Educational service districts, with the assistance of an advisory board, shall select internship participants. (3)(a) The maximum amount of state funding for each internship shall not exceed the actual daily rate cost of providing a substitute teacher for the equivalent of forty-five school days. (b) Funds appropriated for the internship support program shall be allocated by the superintendent of public instruction to the educational service districts based on the percentage of full-time equivalent public school students enrolled in school districts in each educational service district. (c) Once internship participants have been selected, the educational service districts shall allocate the funds to the appropriate school districts. The funds shall be used to pay for partial release time while the school district employee is completing the internship. (d) If an educational service district has unfilled superintendent or program administrator internship positions, the positions and unspent funds shall revert to the superintendent of public instruction for supplementary direct disbursement among the educational service districts. The superintendent of public instruction shall allocate any remaining unfilled positions and unspent funds among the educational service districts that have qualified candidates but not enough positions for them. This subsection does not preclude the superintendent of public instruction from permitting the affected educational service districts to make the supplementary selections. (e) Educational service districts may be reimbursed for costs associated with implementing the program. Reimbursement rates shall be determined by the superintendent of public instruction. [1996 c 233 § 2; 1993 c 336 § 405.] Findings—Intent—Part headings not law—1993 c 336: See notes following RCW 28A.150.210. Findings—1993 c 336: See note following RCW 28A.150.210. 28A.415.300 Rules. The superintendent of public instruction shall adopt rules as necessary under chapter 34.05 RCW to administer the principal and superintendent and program administrator internship support programs. [1993 c 336 § 407.] 28A.415.300 Reviser’s note: 1993 c 336 directed that this section be added to chapter 28A.300 RCW. This section has been codified in chapter 28A.415 RCW, which relates more directly to educators’ training. Findings—Intent—Part headings not law—1993 c 336: See notes following RCW 28A.150.210. (2008 Ed.) Institutes, Workshops, and Training Findings—1993 c 336: See note following RCW 28A.150.210. 28A.415.310 Paraprofessional training program. (1) The paraprofessional training program is created. The primary purpose of the program is to provide training for classroom assistants to assist them in helping students achieve the student learning goals under RCW 28A.150.210. Another purpose of the program is to provide training to certificated personnel who work with classroom assistants. (2) The superintendent of public instruction may allocate funds, to the extent funds are appropriated for this program, to educational service districts, school districts, and other organizations for providing the training in subsection (1) of this section. [1993 c 336 § 408.] 28A.415.310 Reviser’s note: 1993 c 336 directed that this section be added to chapter 28A.300 RCW. This section has been codified in chapter 28A.415 RCW, which relates more directly to educators’ training. Findings—Intent—Part headings not law—1993 c 336: See notes following RCW 28A.150.210. Findings—1993 c 336: See note following RCW 28A.150.210. 28A.415.315 Classified instructional assistants— Training. The office of the superintendent of public instruction, in consultation with various groups representing school district classified employees, shall develop and offer a training strand through the summer institutes and the winter conference targeted to classified instructional assistants and designed to help them maximize their effectiveness in improving student achievement. [2008 c 65 § 2.] 28A.415.315 Findings—Intent—2008 c 65: "The legislature finds that classified instructional assistants are key partners with classroom teachers in improving student achievement. Research on rigorous reading programs, including the reading first programs in our own state, proves that when instructional assistants are skilled, well-trained in a particular intervention, and positively supported by the classroom teacher or coach, they can have a significant impact on student reading attainment. The legislature further finds that school district practice provides sufficient evidence of the need for instructional assistants. Statewide, school districts relied on more than nineteen thousand classified instructional assistants, equal to nearly ten thousand fulltime equivalent staff, during the 2006-07 school year. Therefore, the legislature intends to support instructional assistants by providing opportunities for high quality professional development to make them more effective partners in the classroom." [2008 c 65 § 1.] 28A.415.330 Professional development institutes— Managing disruptive students. (1) To the extent funds are appropriated, the superintendent of public instruction shall conduct professional development institutes to provide opportunities for teachers, principals, and other school staff to learn effective research-based strategies for handling disruptive students. The institutes shall be conducted during the summer of 2000. The training institutes shall emphasize methods for handling disruptions in regular classrooms and how to design and implement alternative learning settings and programs that have been proven to be effective in providing for the educational needs of students who exhibit frequent and prolonged disruptive behavior when placed in a regular classroom setting. (2) The superintendent may enter into contracts with public or private entities that provide training in effective research-based methods for dealing with disruptive students. In developing the institutes, the superintendent shall work with school staff who have had experience working effec28A.415.330 (2008 Ed.) 28A.415.340 tively with disruptive students. The institutes shall be open to teams of teachers, principals, and other school staff from each school district choosing to participate. However, as a condition of participating in the institutes, school district teams shall be required to develop during or immediately following the institute a district plan for carrying out the purposes of this section. Elementary schools and junior high and middle schools in districts that send teams to participate in institutes conducted under this section are encouraged to formulate school building-level plans for addressing the educational needs of disruptive students and the needs of students and teachers in the regular classrooms for an orderly and disciplined environment that is optimally conducive to learning. Individual participants in the institutes shall agree to provide assistance as needed to other school staff in their school building or school district, consistent with their other normal duties. (3) Beginning with the 1999-2000 school year, elementary and junior high schools are encouraged to provide staff from both the regular education and special education programs opportunities to work together to share successful practices for managing disruptive students. [1999 c 166 § 2.] Findings—1999 c 166: "The legislature finds that disruptive students can significantly impede effective teaching and learning in the classroom. Training in effective strategies for handling disruptive students will help principals, teachers, and other staff gain additional skills to provide a classroom environment that is conducive to teaching and learning. Schools and school districts should be encouraged to provide staff with the training necessary to respond to disruptions effectively." [1999 c 166 § 1.] 28A.415.340 State leadership academy—Public-private partnership—Reports. (1) Research supports the value of quality school and school district leadership. Effective leadership is critical to improving student learning and transforming underperforming schools and school districts into world-class learning centers. (2) A public-private partnership is established to develop, pilot, and implement the Washington state leadership academy to focus on the development and enhancement of personal leadership characteristics and the teaching of effective practices and skills demonstrated by school and district administrators who are successful managers and instructional leaders. It is the goal of the academy to provide stateof-the-art programs and services across the state. (3) Academy partners include the state superintendent and principal professional associations, private nonprofit foundations, institutions of higher education with approved educator preparation programs, the professional educator standards board, the office of the superintendent of public instruction, educational service districts, the state school business officers’ association, and other entities identified by the partners. The partners shall designate an independent organization to act as the fiscal agent for the academy and shall establish a board of directors to oversee and direct the academy’s finances, services, and programs. The academy shall be supported by a national research institution with demonstrated expertise in educational leadership. (4) Initial development of academy course content and activities shall be supported by private funds. Initial tasks of the academy are to: (a) Finalize a comprehensive design of the academy and the development of the curriculum frameworks for a compre28A.415.340 [Title 28A RCW—page 199] 28A.415.350 Title 28A RCW: Common School Provisions hensive leadership development program that includes coursework, practicum, mentoring, and evaluation components; (b) Develop curriculum for individual leadership topics; (c) Pilot the curriculum and all program components; and (d) Modify the comprehensive design, curriculum coursework, practicum, and mentoring programs based on the research results gained from pilot activities. (5) The board of directors shall report semiannually to the superintendent of public instruction on the financial contributions provided by foundations and other organizations to support the work of the academy. The board of directors shall report by December 31st each year to the superintendent of public instruction on the programs and services provided, numbers of participants in the various academy activities, evaluation activities regarding program and participant outcomes, and plans for the academy’s future development. (6) The board of directors shall make recommendations for changes in superintendent and principal preparation programs, the administrator licensure system, and continuing education requirements. [2007 c 402 § 1.] Captions not law—2007 c 402: "Captions used in this act are not any part of the law." [2007 c 402 § 12.] 28A.415.350 Professional development learning opportunities—Partnerships. The office of the superintendent of public instruction shall: (1) Create partnerships with the educational service districts or public or private institutions of higher education with approved educator preparation programs to develop and deliver professional development learning opportunities for educators that fulfill the goals and address the activities described in *sections 3 through 6 of this act and RCW 28A.415.360. The partnerships shall: (a) Support school districts by providing professional development leadership, courses, and consultation services to school districts in their implementation of professional development activities, including the activities described in *sections 3 through 6 of this act and RCW 28A.415.360; and (b) Support one another in the delivery of state-level and regional-level professional development activities such as state conferences and regional accountability institutes; and (2) Enter into a performance agreement with each educational service district to clearly articulate partner responsibilities and assure fidelity for the delivery of professional development initiatives including job-embedded practices. Components of such performance agreements shall include: (a) Participation in the development of various professional development workshops, programs, and activities; (b) Characteristics and qualifications of professional development staff supported by the program; (c) Methods to ensure consistent delivery of professional development services; and (d) Reporting responsibilities related to services provided, program participation, outcomes, and recommendations for service improvement. [2007 c 402 § 7.] 28A.415.350 *Reviser’s note: Sections 3 through 6 of this act were vetoed. Capti ons no t la w— 200 7 c 402: See no te fol lo win g RC W 28A.415.340. [Title 28A RCW—page 200] 28 A.41 5.360 Learning improvement day s— Expected outcomes—Reports. (1) Subject to funds appropriated for this purpose, targeted professional development programs, to be known as learning improvement days, are authorized to further the development of outstanding mathematics, science, and reading teaching and learning opportunities in the state of Washington. The intent of this section is to provide guidance for the learning improvement days in the omnibus appropriations act. The learning improvement days authorized in this section shall not be considered part of the definition of basic education. (2) The expected outcomes of these programs are: (a) Provision of meaningful, targeted professional development for all teachers in mathematics, science, or reading; (b) Increased knowledge and instructional skill for mathematics, science, or reading teachers; (c) Increased use of curriculum materials with supporting diagnostic and supplemental materials that align with state standards; (d) Skillful guidance for students participating in alternative assessment activities; (e) Increased rigor of course offerings especially in mathematics, science, and reading; (f) Increased student opportunities for focused, applied mathematics and science classes; (g) Increased student success on state achievement measures; and (h) Increased student appreciation of the value and uses of mathematics, science, and reading knowledge and exploration of related careers. (3) School districts receiving resources under this section shall submit reports to the superintendent of public instruction regarding the use of the funds; how the use of the funds is associated with measurable improvement in the expected outcomes described under subsection (2) of this section; and how other professional development resources and programs authorized in statute or in the omnibus appropriations act contribute to the expected outcomes. The superintendent of public instruction and the office of financial management shall collaborate on required report content and format. [2007 c 402 § 9.] 28A.415.360 Capt ion s n ot l aw— 200 7 c 402 : See no te fol lo win g R CW 28A.415.340. 28A.415.370 Recruiting Washington teachers program. (1) The recruiting Washington teachers program is established to recruit and provide training and support for high school students to enter the teaching profession, especially in teacher shortage areas and among underrepresented groups and multilingual, multicultural students. The program shall be administered by the professional educator standards board. (2) The program shall consist of the following components: (a) Targeted recruitment of diverse students, including but not limited to students from underrepresented groups and multilingual, multicultural students in grades nine through twelve through outreach and communication strategies. The focus of recruitment efforts shall be on encouraging students to consider and explore becoming future teachers in mathematics, science, bilingual education, special education, and 28A.415.370 (2008 Ed.) Institutes, Workshops, and Training English as a second language. Program enrollment is not limited to students from underrepresented groups or multilingual, multicultural students; (b) A curriculum that provides future teachers with opportunities to observe classroom instruction at all grade levels; includes preteaching internships at all grade levels with a focus on shortage areas; and covers such topics as lesson planning, learning styles, student learning data and information, the achievement gap, cultural competency, and education policy; (c) Academic and community support services for students to help them overcome possible barriers to becoming future teachers, such as supplemental tutoring; advising on college readiness, applications, and financial aid processes; and mentoring; and (d) Future teacher camps held on college campuses where students can attend workshops and interact with college faculty and current teachers. (3) As part of its administration of the program, the professional educator standards board shall: (a) Develop the curriculum and program guidelines in consultation with an advisory group of teachers, representatives of teacher preparation programs, teacher candidates, students, and representatives of diverse communities; (b) Subject to funds appropriated for this purpose, allocate grant funds through a competitive process to partnerships of high schools, teacher preparation programs, and community-based organizations to design and deliver programs that include the components under subsection (2) of this section; and (c) Conduct an evaluation of the effectiveness of current strategies and programs for recruiting teachers, especially multilingual, multicultural teachers, in Washington and in other states. The board shall use the findings from the evaluation to revise the recruiting Washington teachers program as necessary and make other recommendations to teacher preparation programs or the legislature. [2007 c 402 § 10.] Capti ons no t la w— 200 7 c 402: See no te fol lo win g RC W 28A.415.340. 28A.415.380 Mathematics and science instructional coach program—Evaluation—Reports. (1) A mathematics and science instructional coach program is authorized, which shall consist of a coach development institute, coaching seminars, coaching activities in schools, and program evaluation. (2) The office of the superintendent of public instruction shall develop a mathematics and science instructional coach program that includes an initial coach development experience for new coaches provided through an institute setting, coaching support seminars, and additional coach development services. The office shall draw upon the experiences of coaches in federally supported elementary literacy programs and other successful programs, research and policy briefs on adult professional development, and research that specifically addresses the instructional environments of middle, junior high, and high schools as well as the unique aspects of the fields of mathematics and science. (3) The office of the superintendent of public instruction shall design the application process and select the program participants. 28A.415.380 (2008 Ed.) 28A.415.380 (4) Schools and school districts participating in the program shall carefully select the individuals to perform the role of mathematics or science instructional coach. Characteristics to be considered for a successful coach include: (a) Expertise in content area; (b) Expertise in various instructional methodologies and personalizing learning; (c) Personal skills that include skilled listening, questioning, trust-building, and problem-solving; (d) Understanding and appreciation for the differences in adult learners and student learners; and (e) Capacity for strategic planning and quality program implementation. (5) The role of the mathematics or science instructional coach is focused on supporting teachers as they apply knowledge, develop skills, polish techniques, and deepen their understanding of content and instructional practices. This work takes a number of forms including: Individualized professional development, department-wide and school-wide professional development, guidance in student data interpretation, and using assessment to guide instruction. Each coach shall be assigned to two schools as part of the program. (6) Program participants have the following responsibilities: (a) Mathematics and science coaches shall participate in the coach development institute as well as in coaching support seminars that take place throughout the school year, practice coaching activities as guided by those articulated in the role of the coach in subsection (5) of this section, collect data, and participate in program evaluation activities as requested by the institute pursuant to subsection (7) of this section. (b) School and district administrators in districts in which the mathematics and science coaches are practicing shall participate in program evaluation activities. (7)(a) The Washington State University social and economic sciences research center shall conduct an evaluation of the mathematics and science instructional coach program in this section. Data shall be collected through various instruments including surveys, program and activity reports, student performance measures, observations, interviews, and other processes. Findings shall include an evaluation of the coach development institute, coaching support seminars, and other coach support activities; recommendations with regard to the characteristics required of the coaches; identification of changes in teacher instruction related to coaching activities; and identification of the satisfaction level with coaching activities as experienced by classroom teachers and administrators. (b) The Washington State University social and economic sciences research center shall report its findings to the governor, the office of the superintendent of public instruction, and the education and fiscal committees of the legislature. An interim report is due November 1, 2008. The final report is due December 1, 2009. [2007 c 396 § 4.] Capt ion s n ot l aw— 200 7 c 396 : See no te fol lo win g R CW 28A.305.215. Finding—Intent—2007 c 396: See note following RCW 28A.300.515. [Title 28A RCW—page 201] Chapter 28A.500 Chapter 28A.500 Title 28A RCW: Common School Provisions Chapter 28A.500 RCW LOCAL EFFORT ASSISTANCE Sections 28A.500.010 Local effort assistance funds—Purpose—Not basic education allocation. 28A.500.020 Definitions. 28A.500.030 Allocation of state matching funds—Determination. 28A.500.040 Distribution of funds. 28A.500.900 Effective date—1999 c 317. 28A.500.010 Local effort assistance funds—Purpose—Not basic education allocation. Commencing with calendar year 2000, in addition to a school district’s other general fund allocations, each eligible district shall be provided local effort assistance funds. The purpose of these funds is to mitigate the effect that above average property tax rates might have on the ability of a school district to raise local revenues to supplement the state’s basic program of education. These funds serve to equalize the property tax rates that individual taxpayers would pay for such levies and to provide tax relief to taxpayers in high tax rate school districts. Such funds are not part of the district’s basic education allocation. [1999 c 317 § 1; 1997 c 259 § 4; 1993 c 410 § 1; (1993 c 465 § 2 expired December 31, 1995); 1992 c 49 § 2; 1987 1st ex.s. c 2 § 102. Formerly RCW 28A.41.155.] 28A.500.010 Funding not related to basic education—1997 c 259: See note following RCW 84.52.0531. Expiration date—1993 c 465 § 2: "Section 2 of this act shall expire December 31, 1995." [1993 c 465 § 3.] Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes following RCW 84.52.0531. 28A.500.020 Definitions. (Expires January 1, 2012.) (1) Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (a) "Prior tax collection year" means the year immediately preceding the year in which the local effort assistance shall be allocated. (b) "Statewide average twelve percent levy rate" means twelve percent of the total levy bases as defined in RCW 84.52.0531 (3) and (4) summed for all school districts, and divided by the total assessed valuation for excess levy purposes in the prior tax collection year for all districts as adjusted to one hundred percent by the county indicated ratio established in RCW 84.48.075. (c) The "district’s twelve percent levy amount" means the school district’s maximum levy authority after transfers determined under RCW 84.52.0531(2) (a) through (c) divided by the district’s maximum levy percentage determined under RCW 84.52.0531(5) multiplied by twelve percent. (d) The "district’s twelve percent levy rate" means the district’s twelve percent levy amount divided by the district’s assessed valuation for excess levy purposes for the prior tax collection year as adjusted to one hundred percent by the county indicated ratio. (e) "Districts eligible for local effort assistance" means those districts with a twelve percent levy rate that exceeds the statewide average twelve percent levy rate. (2) Unless otherwise stated all rates, percents, and amounts are for the calendar year for which local effort assis28A.500.020 [Title 28A RCW—page 202] tance is being calculated under this chapter. [2004 c 21 § 1; 1999 c 317 § 2.] Expiration date—2004 c 21: "This act expires January 1, 2012." [2006 c 119 § 3; 2004 c 21 § 3.] 28A.500.020 Definitions. (Effective January 1, 2012.) (1) Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (a) "Prior tax collection year" means the year immediately preceding the year in which the local effort assistance shall be allocated. (b) "Statewide average twelve percent levy rate" means twelve percent of the total levy bases as defined in RCW 84.52.0531(3) summed for all school districts, and divided by the total assessed valuation for excess levy purposes in the prior tax collection year for all districts as adjusted to one hundred percent by the county indicated ratio established in RCW 84.48.075. (c) The "district’s twelve percent levy amount" means the school district’s maximum levy authority after transfers determined under RCW 84.52.0531(2) (a) through (c) divided by the district’s maximum levy percentage determined under RCW 84.52.0531(4) multiplied by twelve percent. (d) The "district’s twelve percent levy rate" means the district’s twelve percent levy amount divided by the district’s assessed valuation for excess levy purposes for the prior tax collection year as adjusted to one hundred percent by the county indicated ratio. (e) "Districts eligible for local effort assistance" means those districts with a twelve percent levy rate that exceeds the statewide average twelve percent levy rate. (2) Unless otherwise stated all rates, percents, and amounts are for the calendar year for which local effort assistance is being calculated under this chapter. [1999 c 317 § 2.] 28A.500.020 28A.500.030 Allocation of state matching funds— Determination. Allocation of state matching funds to eligible districts for local effort assistance shall be determined as follows: (1) Funds raised by the district through maintenance and operation levies shall be matched with state funds using the following ratio of state funds to levy funds: (a) The difference between the district’s twelve percent levy rate and the statewide average twelve percent levy rate; to (b) The statewide average twelve percent levy rate. (2) The maximum amount of state matching funds for districts eligible for local effort assistance shall be the district’s twelve percent levy amount, multiplied by the following percentage: (a) The difference between the district’s twelve percent levy rate and the statewide average twelve percent levy rate; divided by (b) The district’s twelve percent levy rate. (3) Calendar year 2003 allocations and maximum eligibility under this chapter shall be multiplied by 0.99. (4) From January 1, 2004, to December 31, 2005, allocations and maximum eligibility under this chapter shall be multiplied by 0.937. 28A.500.030 (2008 Ed.) School Districts’ Budgets (5) From January 1, 2006, to December 31, 2006, allocations and maximum eligibility under this chapter shall be multiplied by 0.9563. Beginning with calendar year 2007, allocations and maximum eligibility under this chapter shall be fully funded at one hundred percent and shall not be reduced. [2006 c 372 § 904; 2006 c 119 § 1; 2005 c 518 § 914; 2003 1st sp.s. c 25 § 912; 2002 c 317 § 4; 1999 c 317 § 3.] Reviser’s note: This section was amended by 2006 c 119 § 1 and by 2006 c 372 § 904, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Severability—Effective date—2006 c 372: See notes following RCW 73.04.135. Severability—2005 c 518: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2005 c 518 § 1804.] Effective date—2005 c 518: "Except for sections 923 and 931 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 17, 2005]." [2005 c 518 § 1805.] Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351. Effective date—2002 c 317: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 2, 2002]." [2002 c 317 § 6.] 28A.500.040 Distribution of funds. Local effort assistance funds shall be distributed to qualifying districts as follows: (1) Thirty percent in April; (2) Twenty-three percent in May; (3) Two percent in June; (4) Seventeen percent in August; (5) Nine percent in October; (6) Seventeen percent in November; and (7) Two percent in December. [1999 c 317 § 4.] 28A.500.040 28A.500.900 Effective date—1999 c 317. This act takes effect January 1, 2000. [1999 c 317 § 5.] 28A.500.900 Chapter 28A.505 Chapter 28A.505 RCW SCHOOL DISTRICTS’ BUDGETS Sections 28A.505.010 Definitions. 28A.505.020 Districts must utilize methods of revenue and expenditure recognition. 28A.505.030 District fiscal year. 28A.505.040 Budget—Notice of completion—Copies—Review by educational service districts. 28A.505.050 Budget—Notice of meeting to adopt. 28A.505.060 Budget—Hearing and adoption of—Copies filed with ESD’s. 28A.505.070 Budget review committee—Members—Review of budget, limitations. 28A.505.080 Budget—Disposition of copies. 28A.505.090 Budget—Format, classifications, mandatory. 28A.505.100 Budget—Contents—Display of salaries. 28A.505.110 Budget—Including receivables collectible in future years— Limitations. 28A.505.120 Withholding state funds upon district noncompliance— Notice of. 28A.505.130 Budget—Requirements for balancing estimated expenditures. (2008 Ed.) 28A.505.020 28A.505.140 Rules for budgetary procedures—Review by superintendent—Notice of irregularity—Budget revisions. 28A.505.150 Budgeted expenditures as appropriations—Interim expenditures—Transfer between budget classes—Liability for nonbudgeted expenditures. 28A.505.160 Appropriations lapse at end of fiscal year—Exception. 28A.505.170 First-class school districts—Emergency or additional appropriation resolutions—Procedure. 28A.505.180 Second-class school districts—Additional appropriation resolutions—Procedure. 28A.505.200 Repayment of federal moneys—Federal disallowance determination. 28A.505.210 Student achievement funds—Use and accounting of funds— Public hearing—Report. 28A.505.220 Student achievement funds—Allocations. 28A.505.010 Definitions. The following terms when used in this chapter shall have the following meanings, unless where used the context thereof shall clearly indicate to the contrary: (1) "Revenue" means an addition to assets of a fund of a school district during a fiscal period that is available to finance the fund’s expenditures during the fiscal period. Revenue does not accompany the increase of liabilities or represent refunds of previous disbursements. Revenue may be in the form of cash or in the form of noncash assets such as donated commodities. Revenue for accrual basis expenditure funds is limited to amounts received in cash or noncash donations plus or minus adjustments for revenue accruals. (2) "Accrual basis expenditures" mean expenditures incurred during a given fiscal period, whether paid or unpaid. (3) "Cash basis expenditures" mean actual disbursements during a given fiscal period except for debt service, regardless of when liabilities are incurred, or the period of incurrence of expenditures. (4) "Cash basis revenue" means actual receipt of revenue not adjusted for revenue accruals. (5) "Revenue accruals" means those revenues anticipated to be received in cash after the close of the fiscal period that represent reimbursement for expenditures incurred by the end of the fiscal period. (6) "Appropriation" means the maximum authorization during a given fiscal period to incur expenditures. (7) "Disbursements" mean payments in cash, including but not limited to issuance of warrants. [1983 c 59 § 1; 1975-’76 2nd ex.s. c 118 § 1. Formerly RCW 28A.65.400.] 28A.505.010 Application—Effective date—1983 c 59: "This act shall apply to school district budgets, financial statements, and bookkeeping and accounting procedures, practices, and principles beginning with fiscal year 1983-’84 starting September 1, 1983. This act shall take effect September 1, 1983." [1983 c 59 § 19.] Severability—1983 c 59: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1983 c 59 § 20.] Severability—1975-’76 2nd ex.s. c 118: "If any provision of this 1976 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975-’76 2nd ex.s. c 118 § 37.] 28A.505.020 Districts must utilize methods of revenue and expenditure recognition. All school districts must utilize the following methods of revenue and expenditure recognition in budgeting, accounting and financial reporting: (1) Recognize revenue as defined in RCW 28A.505.010(1) for all funds: PROVIDED, That school dis28A.505.020 [Title 28A RCW—page 203] 28A.505.030 Title 28A RCW: Common School Provisions tricts that elect the cash basis of expenditure recognition under subsection (2) of this section shall recognize revenue on the cash basis. (2) Recognition of expenditures for all funds shall be on the accrual basis: PROVIDED, That school districts with under one thousand full time equivalent students for the preceding fiscal year may make a uniform election for all funds, except debt service funds, to be on the cash basis of expenditure recognition. Notification of such election shall be given to the state superintendent of public instruction in the budget of the school district and shall remain in effect for one full fiscal year. [1990 c 33 § 416; 1983 c 59 § 2; 1980 c 18 § 1; 1975-’76 2nd ex.s. c 118 § 2. Formerly RCW 28A.65.405.] Application—Effective date—Severability—1983 c 59: See notes following RCW 28A.505.010. Severability—1975-’76 2nd ex.s. c 118: See note following RCW 28A.505.010. 28A.505.030 District fiscal year. Beginning September 1, 1977 the fiscal year for all school districts shall be September 1 through August 31. [1975-’76 2nd ex.s. c 118 § 3. Formerly RCW 28A.65.410.] 28A.505.030 Severability—1975-’76 2nd ex.s. c 118: See note following RCW 28A.505.010. 28A.505.040 Budget—Notice of completion—Copies—Review by educational service districts. On or before the tenth day of July in each year, all school districts shall prepare their budget for the ensuing fiscal year. The budget shall set forth the complete financial plan of the district for the ensuing fiscal year. Upon completion of their budgets, every school district shall publish a notice stating that the district has completed the budget, placed it on file in the school district administration office, and that a copy thereof will be furnished to any person who calls upon the district for it. The district shall provide a sufficient number of copies of the budget to meet the reasonable demands of the public. School districts shall submit one copy of their budget to their educational service districts for review and comment by July 10th. The superintendent of public instruction may delay the date in this section if the state’s operating budget is not finally approved by the legislature until after June 1st. [1995 c 121 § 1; 1975-’76 2nd ex.s. c 118 § 4. Formerly RCW 28A.65.415.] 28A.505.040 Effective date—1995 c 121: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 20, 1995]." [1995 c 121 § 3.] Severability—1975-’76 2nd ex.s. c 118: See note following RCW 28A.505.010. 28A.505.050 Budget—Notice of meeting to adopt. Upon completion of their budgets as provided in RCW 28A.505.040, every school district shall publish a notice stating that the board of directors will meet for the purpose of fixing and adopting the budget of the district for the ensuing fiscal year. Such notice shall designate the date, time, and place of said meeting which shall occur no later than the thirty-first day of August for first-class school districts, and the first day of August for second-class school districts. The notice shall also state that any person may appear thereat and be heard for 28A.505.050 [Title 28A RCW—page 204] or against any part of such budget. Said notice shall be published at least once each week for two consecutive weeks in a newspaper of general circulation in the district, or, if there be none, in a newspaper of general circulation in the county or counties in which such district is a part. The last notice shall be published no later than seven days immediately prior to the hearing. [1995 c 121 § 2; 1990 c 33 § 417; 1983 c 59 § 3; 1975-’76 2nd ex.s. c 118 § 5. Formerly RCW 28A.65.420.] Effective date—1995 c 121: See note following RCW 28A.505.040. Application—Effective date—Severability—1983 c 59: See notes following RCW 28A.505.010. Severability—1975-’76 2nd ex.s. c 118: See note following RCW 28A.505.010. 28A.505.060 Budget—Hearing and adoption of— Copies filed with ESD’s. On the date given in said notice as provided in RCW 28A.505.050 the school district board of directors shall meet at the time and place designated. Any person may appear thereat and be heard for or against any part of such budget. Such hearing may be continued not to exceed a total of two days: PROVIDED, That the budget must be adopted no later than August 31st in first-class school districts, and not later than August 1st in second-class school districts. Upon conclusion of the hearing, the board of directors shall fix and determine the appropriation from each fund contained in the budget separately, and shall by resolution adopt the budget and the appropriations as so finally determined, and enter the same in the official minutes of the board: PROVIDED, That first-class school districts shall file copies of their adopted budget with their educational service district no later than September 3rd, and second-class school districts shall forward copies of their adopted budget to their educational service district no later than August 3rd for review, alteration and approval as provided for in RCW 28A.505.070 by the budget review committee. [1990 c 33 § 418; 1983 c 59 § 4; 1975-’76 2nd ex.s. c 118 § 6. Formerly RCW 28A.65.425.] 28A.505.060 Application—Effective date—Severability—1983 c 59: See notes following RCW 28A.505.010. Severability—1975-’76 2nd ex.s. c 118: See note following RCW 28A.505.010. 28A.505.070 Budget review committee—Members— Review of budget, limitations. The budget review committee shall fix and approve the amount of the appropriation from each fund of the budget of second-class districts not later than August 31st. No budget review committee shall knowingly approve any budget or appropriation that is in violation of this chapter or rules and regulations adopted by the superintendent of public instruction in accordance with RCW 28A.505.140(1). A copy of said budget shall be returned to the local school districts no later than September 10th. Members of the budget review committee as referred to in this section shall consist of the educational service district superintendent or a representative thereof, a member of the local school district board of directors or a representative thereof, and a representative of the superintendent of public instruction. [1990 c 33 § 419; 1975-’76 2nd ex.s. c 118 § 7. Formerly RCW 28A.65.430.] 28A.505.070 (2008 Ed.) School Districts’ Budgets Severability—1975-’76 2nd ex.s. c 118: See note following RCW 28A.505.010. 28A.505.080 Budget—Disposition of copies. Copies of the budgets for all local school districts shall be filed with the superintendent of public instruction no later than September 10th. One copy will be retained by the educational service district. [1984 c 128 § 8; 1983 c 59 § 5; 1975-’76 2nd ex.s. c 118 § 8. Formerly RCW 28A.65.435.] 28A.505.080 Application—Effective date—Severability—1983 c 59: See notes following RCW 28A.505.010. Severability—1975-’76 2nd ex.s. c 118: See note following RCW 28A.505.010. 28A.505.090 Budget—Format, classifications, mandatory. Every school district budget shall be prepared, submitted and adopted in the format prescribed by the office of the superintendent of public instruction. The budget classifications contained in said format shall be in accordance with the accounting manual for public school districts, published by the office of the superintendent of public instruction and the office of the state auditor. Budgets prepared and adopted in a format other than that prescribed by the office of the superintendent of public instruction shall not be official and will have no legal effect. [1983 c 59 § 6; 1975-’76 2nd ex.s. c 118 § 9. Formerly RCW 28A.65.440.] 28A.505.090 Application—Effective date—Severability—1983 c 59: See notes following RCW 28A.505.010. Severability—1975-’76 2nd ex.s. c 118: See note following RCW 28A.505.010. 28A.505.100 Budget—Contents—Display of salaries. The budget shall set forth the estimated revenues for the ensuing fiscal year, the estimated revenues for the fiscal year current at the time of budget preparation, the actual revenues for the last completed fiscal year, and the reserved and unreserved fund balances for each year. The estimated revenues from all sources for the ensuing fiscal year shall not include any revenue not anticipated to be available during that fiscal year: PROVIDED, That school districts, pursuant to RCW 28A.505.110 can be granted permission by the superintendent of public instruction to include as revenues in their budgets, receivables collectible in future fiscal years. The budget shall set forth by detailed items or classes the estimated expenditures for the ensuing fiscal year, the estimated expenditures for the fiscal year current at the time of budget preparation, and the actual expenditures for the last completed fiscal year. Total salary amounts, full-time equivalents, and the high, low, and average annual salaries, shall be displayed by job classification within each budget classification. If individual salaries within each job classification are not displayed, districts shall provide the individual salaries together with the title or position of the recipient and the total amounts of salary under each budget class upon request. Salary schedules shall be displayed. In districts where negotiations have not been completed, the district may budget the salaries at the current year’s rate and restrict fund balance for the amount of anticipated increase in salaries, so long as an explanation shall be attached to the budget on such restriction of fund balance. [1990 c 33 § 420; 1983 c 59 § 7; 1975-’76 2nd ex.s. c 118 § 10. Formerly RCW 28A.65.445.] 28A.505.100 (2008 Ed.) 28A.505.130 Application—Effective date—Severability—1983 c 59: See notes following RCW 28A.505.010. Severability—1975-’76 2nd ex.s. c 118: See note following RCW 28A.505.010. 28A.505.110 28A.505.110 Budget—Including receivables collectible in future years—Limitations. When a school district board is unable to prepare a budget or budget extension pursuant to RCW 28A.505.170 or 28A.505.180 in which the estimated revenues for the budgeted fiscal year plus the estimated fund balance at the beginning of the budgeted fiscal year less the ending reserved fund balance for the budgeted fiscal year do not at least equal the estimated expenditures for the budgeted fiscal year, the school district board may deliver a petition in writing, at least twenty days before the budget or budget extension is scheduled for adoption, to the superintendent of public instruction requesting permission to include receivables collectible in future years, in order to balance the budget. If such permission is granted, it shall be in writing, and it shall contain conditions, binding on the district, designed to improve the district’s financial condition. Any budget or appropriation adopted by the board of directors without written permission from the superintendent of public instruction that contains estimated expenditures in excess of the total of estimated revenue for the budgeted fiscal year plus estimated fund balance at the beginning of the budgeted fiscal year less ending reserve fund balance for the budgeted fiscal year shall be null and void and shall not be considered an appropriation. [1990 c 33 § 421; 1983 c 59 § 8; 1975-’76 2nd ex.s. c 118 § 11. Formerly RCW 28A.65.450.] Application—Effective date—Severability—1983 c 59: See notes following RCW 28A.505.010. Severability—1975-’76 2nd ex.s. c 118: See note following RCW 28A.505.010. 28A.505.120 28A.505.120 Withholding state funds upon district noncompliance—Notice of. If a local school district fails to comply with any binding restrictions issued by the superintendent of public instruction, the allocation of state funds for support of the local school district may be withheld, pending an investigation of the reason for such noncompliance by the office of the superintendent of public instruction. Written notice of the intent to withhold state funds, with reasons stated for this action, shall be made to the school district by the office of the superintendent of public instruction before any portion of the state allocation is withheld. [1975-’76 2nd ex.s. c 118 § 12. Formerly RCW 28A.65.455.] Severability—1975-’76 2nd ex.s. c 118: See note following RCW 28A.505.010. 28A.505.130 28A.505.130 Budget—Requirements for balancing estimated expenditures. For each fund contained in the school district budget the estimated expenditures for the budgeted fiscal year must not be greater than the total of the estimated revenues for the budgeted fiscal year, the estimated fund balance at the beginning of the budgeted fiscal year less the estimated reserve fund balance at the end of the budgeted fiscal year, and the projected revenue from receivables collectible on future years as approved by the superintendent of public instruction for inclusion in the budget. [Title 28A RCW—page 205] 28A.505.140 Title 28A RCW: Common School Provisions The proceeds of any interfund loan must not be used to balance the budget of the borrowing fund. [1983 c 59 § 9; 1975-’76 2nd ex.s. c 118 § 13. Formerly RCW 28A.65.460.] Application—Effective date—Severability—1983 c 59: See notes following RCW 28A.505.010. Severability—1975-’76 2nd ex.s. c 118: See note following RCW 28A.505.010. 28A.505.140 Rules for budgetary procedures— Review by superintendent—Notice of irregularity—Budget revisions. (1) Notwithstanding any other provision of law, the superintendent of public instruction shall adopt such rules as will ensure proper budgetary procedures and practices, including monthly financial statements consistent with the provisions of RCW 43.09.200, and this chapter. (2) If the superintendent of public instruction determines upon a review of the budget of any district that said budget does not comply with the budget procedures established by this chapter or by rules adopted by the superintendent of public instruction, or the provisions of RCW 43.09.200, the superintendent shall give written notice of this determination to the board of directors of the local school district. (3) The local school district, notwithstanding any other provision of law, shall, within thirty days from the date the superintendent of public instruction issues a notice pursuant to subsection (2) of this section, submit a revised budget which meets the requirements of RCW 43.09.200, this chapter, and the rules of the superintendent of public instruction. [2006 c 263 § 202; 1990 c 33 § 422; 1983 c 59 § 10; 1975-’76 2nd ex.s. c 118 § 14. Formerly RCW 28A.65.465.] 28A.505.140 such expenditures in excess of such appropriation(s), including consequential damages following therefrom, for each such violation. If as a result of any civil or criminal action the violation is found to have been done knowingly, such director, officer, or employee who is found to have participated in such breach shall immediately forfeit his or her office or employment, and the judgment in any such action shall so provide. Nothing in this section shall be construed to limit the duty of the attorney general to carry out the provisions of RCW 43.09.260, as now or hereafter amended. [1990 c 33 § 423; 1975-’76 2nd ex.s. c 118 § 15. Formerly RCW 28A.65.470.] Severability—1975-’76 2nd ex.s. c 118: See note following RCW 28A.505.010. 28A.505.160 Appropriations lapse at end of fiscal year—Exception. All appropriations for any school district upon which their budget is based shall lapse at the end of the fiscal year. At the expiration of said period all appropriations shall become null and void and any claim presented thereafter against any such appropriation for the fiscal year just closed shall be provided for in the appropriation for the next fiscal year: PROVIDED, That this shall not prevent payments upon incompleted improvements in progress at the close of the fiscal year. [1975-’76 2nd ex.s. c 118 § 16. Formerly RCW 28A.65.475.] 28A.505.160 Severability—1975-’76 2nd ex.s. c 118: See note following RCW 28A.505.010. 28A.505.170 First-class school districts—Emergency or additional appropriation resolutions—Procedure. (1) Notwithstanding any other provision of this chapter, upon the happening of any emergency in first-class school districts caused by fire, flood, explosion, storm, earthquake, epidemic, riot, insurrection, or for the restoration to a condition of usefulness of any school district property, the usefulness of which has been destroyed by accident, and no provision has been made for such expenditures in the adopted appropriation, the board of directors, upon the adoption by the vote of the majority of all board members of a resolution stating the facts constituting the emergency, may make an appropriation therefor without notice or hearing. (2) Notwithstanding any other provision of this chapter, if in first-class districts it becomes necessary to increase the amount of the appropriation, and if the reason is not one of the emergencies specifically enumerated in subsection (1) of this section, the school district board of directors, before incurring expenditures in excess of the appropriation, shall adopt a resolution stating the facts and the estimated amount of appropriation to meet it. Such resolution shall be voted on at a public meeting, notice to be given in the manner provided in RCW 28A.505.050. Its introduction and passage shall require the vote of a majority of all members of the school district board of directors. Any person may appear at the meeting at which the appropriation resolution is to be voted on and be heard for or against the adoption thereof. Copies of all adopted appropriation resolutions shall be filed with the educational service district who shall forward 28A.505.170 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Application—Effective date—Severability—1983 c 59: See notes following RCW 28A.505.010. Severability—1975-’76 2nd ex.s. c 118: See note following RCW 28A.505.010. 28A.505.150 Budgeted expenditures as appropriations—Interim expenditures—Transfer between budget classes—Liability for nonbudgeted expenditures. Total budgeted expenditures for each fund as adopted in the budget of a school district shall constitute the appropriations of the district for the ensuing fiscal year and the board of directors shall be limited in the incurring of expenditures to the grand total of such appropriations. The board of directors shall incur no expenditures for any purpose in excess of the appropriation for each fund: PROVIDED, That no board of directors shall be prohibited from incurring expenditures for the payment of regular employees, for the necessary repairs and upkeep of the school plant, for the purchase of books and supplies, and for their participation in joint purchasing agencies authorized in RCW 28A.320.080 during the interim while the budget is being settled under RCW 28A.505.140: PROVIDED FURTHER, That transfers between budget classes may be made by the school district’s chief administrative officer or finance officer, subject to such restrictions as may be imposed by the school district board of directors. Directors, officers or employees who knowingly or negligently violate or participate in a violation of this section by the incurring of expenditures in excess of any appropriation(s) shall be held civilly liable, jointly and severally, for 28A.505.150 [Title 28A RCW—page 206] (2008 Ed.) School Districts’ Budgets one copy each to the office of the superintendent of public instruction. One copy shall be retained by the educational service district. [1990 c 33 § 424; 1984 c 128 § 9; 1983 c 59 § 11; 1975-’76 2nd ex.s. c 118 § 17. Formerly RCW 28A.65.480.] Application—Effective date—Severability—1983 c 59: See notes following RCW 28A.505.010. Severability—1975-’76 2nd ex.s. c 118: See note following RCW 28A.505.010. 28A.505.180 28A.505.180 Second-class school districts—Additional appropriation resolutions—Procedure. Notwithstanding any other provision of this chapter, if a second-class school district needs to increase the amount of the appropriation from any fund for any reason, the school district board of directors, before incurring expenditures in excess of appropriation, shall adopt a resolution stating the facts and estimating the amount of additional appropriation needed. Such resolution shall be voted on at a public meeting, notice to be given in the manner provided by RCW 28A.505.050. Its introduction and passage shall require the vote of a majority of all members of the school district board of directors. Any person may appear at the meeting at which the appropriation resolution is to be voted on and be heard for or against the adoption thereof. Upon passage of the appropriation resolution the school district shall petition the superintendent of public instruction for approval to increase the amount of its appropriations in the manner prescribed in rules and regulations for such approval by the superintendent. Copies of all appropriation resolutions approved by the superintendent of public instruction shall be filed by the office of the superintendent of public instruction with the educational service district. [1990 c 33 § 425; 1984 c 128 § 10; 1983 c 59 § 12; 1975-’76 2nd ex.s. c 118 § 18. Formerly RCW 28A.65.485.] Application—Effective date—Severability—1983 c 59: See notes following RCW 28A.505.010. Severability—1975-’76 2nd ex.s. c 118: See note following RCW 28A.505.010. 28A.505.200 28A.505.200 Repayment of federal moneys—Federal disallowance determination. Each school district that receives federal moneys from or through the superintendent of public instruction shall comply with applicable federal requirements and shall repay expenditures subsequently disallowed by the federal government together with such interest as may be assessed by the federal government. Once a federal disallowance determination, decision, or order becomes final respecting federal moneys expended by a school district, the superintendent of public instruction may withhold all or a portion of the annual basic education allocation amounts otherwise due and apportionable to the school district as necessary to facilitate payment of the principal and interest to the federal government. The superintendent of public instruction may pay withheld basic education allocation moneys: (2008 Ed.) 28A.505.210 (1) To the school district before the close of the biennium and following the school district’s repayment of moneys due the federal government, or the school district’s commitment to an acceptable repayment plan, or both; or (2) To the federal government, subject to the reappropriation of the withheld basic education allocation, moneys for the purpose of payment to the federal government. No withholding of basic education allocation moneys may occur under this subsection until the superintendent of public instruction has first determined that the withholding should not substantially impair the school district’s financial ability to provide the basic education program offerings required by statute. [1990 c 103 § 1.] 28A.505.210 Student achievement funds—Use and accounting of funds—Public hearing—Report. School districts shall have the authority to decide the best use of student achievement funds to assist students in meeting and exceeding the new, higher academic standards in each district consistent with the provisions of chapter 3, Laws of 2001. (1) Student achievement funds shall be allocated for the following uses: (a) To reduce class size by hiring certificated elementary classroom teachers in grades K-4 and paying nonemployeerelated costs associated with those new teachers; (b) To make selected reductions in class size in grades 512, such as small high school writing classes; (c) To provide extended learning opportunities to improve student academic achievement in grades K-12, including, but not limited to, extended school year, extended school day, before-and-after-school programs, special tutoring programs, weekend school programs, summer school, and all-day kindergarten; (d) To provide additional professional development for educators, including additional paid time for curriculum and lesson redesign and alignment, training to ensure that instruction is aligned with state standards and student needs, reimbursement for higher education costs related to enhancing teaching skills and knowledge, and mentoring programs to match teachers with skilled, master teachers. The funding shall not be used for salary increases or additional compensation for existing teaching duties, but may be used for extended year and extended day teaching contracts; (e) To provide early assistance for children who need prekindergarten support in order to be successful in school; (f) To provide improvements or additions to school building facilities which are directly related to the class size reductions and extended learning opportunities under (a) through (c) of this subsection. (2) Annually on or before May 1st, the school district board of directors shall meet at the time and place designated for the purpose of a public hearing on the proposed use of these funds to improve student achievement for the coming year. Any person may appear or by written submission have the opportunity to comment on the proposed plan for the use of these funds. No later than August 31st, as a part of the process under RCW 28A.505.060, each school district shall adopt a plan for the use of these funds for the upcoming school year. Annually, each school district shall provide to the citizens of their district a public accounting of the funds made available to the district during the previous school year 28A.505.210 [Title 28A RCW—page 207] 28A.505.220 Title 28A RCW: Common School Provisions under chapter 3, Laws of 2001, how the funds were used, and the progress the district has made in increasing student achievement, as measured by required state assessments and other assessments deemed appropriate by the district. Copies of this report shall be provided to the superintendent of public instruction. [2005 c 497 § 105; 2001 c 3 § 3 (Initiative Measure No. 728, approved November 7, 2000).] Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. Short title—2001 c 3 (Initiative Measure No. 728): "This act may be known and cited as the K-12 2000 student achievement act." [2001 c 3 § 1 (Initiative Measure No. 728, approved November 7, 2000).] Purpose—Intent—2001 c 3 (Initiative Measure No. 728): "The citizens of Washington state expect and deserve great public schools for our generation of school children and for those who will follow. A quality public education system is crucial for our state’s future economic success and prosperity, and for our children and their children to lead successful lives. The purpose of this act is to improve public education and to achieve higher academic standards for all students through smaller class sizes and other improvements. A portion of the state’s surplus general fund revenues is dedicated to this purpose. In 1993, Washington state made a major commitment to improved public education by passing the Washington education reform act. This act established new, higher standards of academic achievement for all students. It also established new levels of accountability for students, teachers, schools, and school districts. However, the K-12 finance system has not been changed to respond to the new standards and individual student needs. To make higher student achievement a reality, schools need the additional resources and flexibility to provide all students with more individualized quality instruction, more time, and the extra support that they may require. We need to ensure that curriculum, instruction methods, and assessments of student performance are aligned with the new standards and student needs. The current level of state funding does not provide adequate resources to support higher academic achievement for all students. In fact, inflation-adjusted per-student state funding has declined since the legislature adopted the 1993 education reform act. The erosion of state funding for K-12 education is directly at odds with the state’s "paramount duty to make ample provision for the education of all children...." Now is the time to invest some of our surplus state revenues in K-12 education and redirect state lottery funds to education, as was originally intended, so that we can fulfill the state’s paramount duty. Conditions and needs vary across Washington’s two hundred ninetysix school districts. School boards accountable to their local communities should therefore have the flexibility to decide which of the following strategies will be most effective in increasing student performance and in helping students meet the state’s new, higher academic standards: (1) Major reductions in K-4 class size; (2) Selected class size reductions in grades 5-12, such as small high school writing classes; (3) Extended learning opportunities for students who need or want additional time in school; (4) Investments in educators and their professional development; (5) Early assistance for children who need prekindergarten support in order to be successful in school; and (6) Providing improvements or additions to facilities to support class size reductions and extended learning opportunities. REDUCING CLASS SIZE Smaller classes in the early grades can significantly increase the amount of learning that takes place in the classroom. Washington state now ranks forty-eighth in the nation in its student-teacher ratio. This is unacceptable. Significant class size reductions will provide our children with more individualized instruction and the attention they need and deserve and will reduce behavioral problems in classrooms. The state’s long-term goal should be to reduce class size in grades K-4 to no more than eighteen students per teacher in a class. The people recognize that class size reduction should be phased-in over several years. It should be accompanied by the necessary funds for school construction and modernization and for high-quality, well-trained teachers. [Title 28A RCW—page 208] EXTENDED LEARNING OPPORTUNITIES Student achievement will also be increased if we expand learning opportunities beyond our traditional-length school day and year. In many school districts, educators and parents want a longer school day, a longer school year, and/or all-day kindergarten to help students improve their academic performance or explore new learning opportunities. In addition, special programs such as before-and-after-school tutoring will help struggling students catch and keep up with their classmates. Extended learning opportunities will be increasingly important as attainment of a certificate of mastery becomes a high school graduation requirement. TEACHER QUALITY Key to every student’s academic success is a quality teacher in every classroom. Washington state’s new standards for student achievement make teacher quality more important than ever. We are asking our teachers to teach more demanding curriculum in new ways, and we are holding our educators and schools to new, higher levels of accountability for student performance. Resources are needed to give teachers the content knowledge and skills to teach to higher standards and to give school leaders the skills to improve instruction and manage organizational change. The ability of school districts throughout the state to attract and retain the highest quality teaching corps by offering competitive salaries and effective working conditions is an essential element of basic education. The state legislature is responsible for establishing teacher salaries. It is imperative that the legislature fund salary levels that ensure school districts’ ability to recruit and retain the highest quality teachers. EARLY ASSISTANCE The importance of a child’s intellectual development in the first five years has been established by widespread scientific research. This is especially true for children with disabilities and special needs. Providing assistance appropriate to children’s developmental needs will enhance the academic achievement of these children in grades K-12. Early assistance will also lessen the need for more expensive remedial efforts in later years. NO SUPPLANTING OF EXISTING EDUCATION FUNDS It is the intent of the people that existing state funding for education, including all sources of such funding, shall not be reduced, supplanted, or otherwise adversely impacted by appropriations or expenditures from the student achievement fund created in RCW 43.135.045 or the education construction fund. INVESTING SURPLUS IN SCHOOLS UNTIL GOAL MET It is the intent of the people to invest a portion of state surplus revenues in their schools. This investment should continue until the state’s contribution to funding public education achieves a reasonable goal. The goal should reflect the state’s paramount duty to make ample provision for the education of all children and our citizens’ desire that all students receive a quality education. The people set a goal of per-student state funding for the maintenance and operation of K-12 education being equal to at least ninety percent of the national average per-student expenditure from all sources. When this goal is met, further deposits to the student achievement fund shall be required only to the extent necessary to maintain the ninety-percent level." [2001 c 3 § 2 (Initiative Measure No. 728, approved November 7, 2000).] Construction—2001 c 3 (Initiative Measure No. 728): "The provisions of this act are to be liberally construed to effectuate the policies and purposes of this act." [2001 c 3 § 11 (Initiative Measure No. 728, approved November 7, 2000).] Severability—2001 c 3 (Initiative Measure No. 728): "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2001 c 3 § 12 (Initiative Measure No. 728, approved November 7, 2000).] Effective dates—2001 c 3 (Initiative Measure No. 728): "This act takes effect January 1, 2001, except for section 4 of this act which takes effect July 1, 2001." [2001 c 3 § 13 (Initiative Measure No. 728, approved November 7, 2000).] 28A.505.220 Student achievement funds—Allocations. (1) Total distributions from the student achievement fund to each school district shall be based upon the average number of full-time equivalent students in the school district during the previous school year as reported to the office of the superintendent of public instruction by August 31st of the 28A.505.220 (2008 Ed.) Apportionment to District—District Accounting previous school year. The superintendent of public instruction shall ensure that moneys generated by skill center students are returned to skill centers. (2) The allocation rate per full-time equivalent student shall be three hundred dollars in the 2005-06 school year, three hundred seventy-five dollars in the 2006-07 school year, and four hundred fifty dollars in the 2007-08 school year. For each subsequent school year, the amount allocated per full-time equivalent student shall be adjusted for inflation as defined in *RCW 43.135.025(8). These allocations per full-time equivalent student from the student achievement fund shall be supported from the following sources: (a) Distributions from state property tax proceeds deposited into the student achievement fund under RCW 84.52.068; and (b) Distributions from the education legacy trust account created in RCW 83.100.230. (3) Any funds deposited in the student achievement fund under RCW 43.135.045 shall be allocated to school districts on a one-time basis using a rate per full-time equivalent student. These funds are provided in addition to any amounts allocated in subsection (2) of this section. (4) The school district annual amounts as defined in subsection (2) of this section shall be distributed on the monthly apportionment schedule as defined in RCW 28A.510.250. [2008 c 170 § 401; 2005 c 514 § 1103.] *Reviser’s note: RCW 43.135.025 was amended by 2005 c 72 § 4 deleting subsection (8). Effective date—2008 c 170 § 401: "Section 401 of this act takes effect September 1, 2008." [2008 c 170 § 409.] Findings—Intent—Part headings not law—2008 c 170: See RCW 28A.700.005 and 28A.700.901. Effective date—2005 c 514: See note following RCW 83.100.230. Part headings not law—Severability—2005 c 514: See notes following RCW 82.12.808. Chapter 28A.510 Chapter 28A.510 RCW APPORTIONMENT TO DISTRICT— DISTRICT ACCOUNTING Sections 28A.510.250 By state superintendent. 28A.510.260 Distribution by ESD superintendent. 28A.510.270 County treasurer’s duties. 28A.510.250 By state superintendent. On or before the last business day of September 1969 and each month thereafter, the superintendent of public instruction shall apportion from the state general fund to the several educational service districts of the state the proportional share of the total annual amount due and apportionable to such educational service districts for the school districts thereof as follows: 28A.510.250 September October November December January February March April (2008 Ed.) ................... ................... ................... ................... ................... ................... ................... ................... 9% 9% 5.5% 9% 9% 9% 9% 9% May June July August 28A.510.250 ................... ................... ................... ................... 5.5% 6.0% 10.0% 10.0% The annual amount due and apportionable shall be the amount apportionable for all apportionment credits estimated to accrue to the schools during the apportionment year beginning September first and continuing through August thirtyfirst. Appropriations made for school districts for each year of a biennium shall be apportioned according to the schedule set forth in this section for the fiscal year starting September 1st of the then calendar year and ending August 31st of the next calendar year. The apportionment from the state general fund for each month shall be an amount which will equal the amount due and apportionable to the several educational service districts during such month: PROVIDED, That any school district may petition the superintendent of public instruction for an emergency advance of funds which may become apportionable to it but not to exceed ten percent of the total amount to become due and apportionable during the school districts apportionment year. The superintendent of public instruction shall determine if the emergency warrants such advance and if the funds are available therefor. If the superintendent determines in the affirmative, he or she may approve such advance and, at the same time, add such an amount to the apportionment for the educational service district in which the school district is located: PROVIDED, That the emergency advance of funds and the interest earned by school districts on the investment of temporary cash surpluses resulting from obtaining such advance of state funds shall be deducted by the superintendent of public instruction from the remaining amount apportionable to said districts during that apportionment year in which the funds are advanced. [1990 c 33 § 426; 1982 c 136 § 1; 1981 c 282 § 1; 1981 c 5 § 32; 1980 c 6 § 5; 1979 ex.s. c 237 § 1; 1975-’76 2nd ex.s. c 118 § 27; 1975 1st ex.s. c 275 § 67; 1974 ex.s. c 89 § 1; 1972 ex.s. c 146 § 1; 1970 ex.s. c 15 § 15. Prior: 1969 ex.s. c 184 § 3; 1969 ex.s. c 176 § 108; 1969 ex.s. c 223 § 28A.48.010; prior: 1965 ex.s. c 162 § 1; 1959 c 276 § 3; prior: 1945 c 141 § 3, part; 1923 c 96 § 1; 1911 c 118 § 1; 1909 c 97 p 312 §§ 1, 2, 3; Rem. Supp. 1945 § 4940-3, part. Formerly RCW 28A.48.010, 28.48.010.] Certain 1982-83 school year monthly payments delayed—Interest—1982 c 136: "For the 1982-83 school year, one-half of the September, October, March, and April payments under RCW 28A.48.010 shall be made on the last business day of the respective month and the remainder on the fifteenth day of the following month. Interest shall be paid on the amounts deferred under this section at the rate for state interfund loans as established by the state finance committee." [1982 c 136 § 2.] Effective date—1982 c 136: "Section 3 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately [April 1, 1982]. The remainder to [of] this act shall take effect September 1, 1982." [1982 c 136 § 5.] Severability—1980 c 6: See note following RCW 28A.515.320. Severability—1975-’76 2nd ex.s. c 118: See note following RCW 28A.505.010. Effective date—1972 ex.s. c 146: "This 1972 amendatory act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and section 1 shall take effect July 1, 1972, and section 2 shall take effect immediately [February 25, 1972]." [1972 ex.s. c 146 § 3.] Severability—1970 ex.s. c 15: See note following RCW 28A.230.160. [Title 28A RCW—page 209] 28A.510.260 Title 28A RCW: Common School Provisions Student transportation allocation—Notice—Revised eligible student data, when—Allocation payments, amounts, when: RCW 28A.160.190. Vehicle acquisition—Reimbursement schedule—Maintenance and operation—Depreciation schedule: RCW 28A.160.200. 28A.515.320 Common school construction fund—Sources—Use—Excess moneys in, availability, repayment. 28A.515.330 Permanent common school fund—Allowable investments— Irreducible principal. 28A.515.300 Permanent common school fund— Sources—Use. (1) The principal of the common school fund as the same existed on June 30, 1965, shall remain permanent and irreducible. The said fund shall consist of the principal amount thereof existing on June 30, 1965, and such additions thereto as may be derived after June 30, 1965, from the following named sources, to wit: Appropriations and donations by the state to this fund; donations and bequests by individuals to the state or public for common schools; the proceeds of lands and other property which revert to the state by escheat and forfeiture; the proceeds of all property granted to the state, when the purpose of the grant is not specified, or is uncertain; funds accumulated in the treasury of the state for the disbursement of which provision has not been made by law; the proceeds of the sale of stone, minerals or property other than timber and other crops from school and state lands, other than those granted for specific purposes; all moneys received from persons appropriating stone, minerals or property other than timber and other crops from school and state lands other than those granted for specific purposes, and all moneys other than rental, recovered from persons trespassing on said lands; five percent of the proceeds of the sale of public lands lying within the state, which shall be sold by the United States subsequent to the admission of the state into the Union as approved by section 13 of the act of congress enabling the admission of the state into the Union; the principal of all funds arising from the sale of lands and other property which have been, and hereafter may be, granted to the state for the support of common schools and such other funds as may be provided by legislative enactment. (2) Consistent with Article XVI, section 5 and Article IX, sections 3 and 5 of the state Constitution, the state investment board may invest the fund as authorized in RCW 28A.515.330. [2007 c 505 § 2; 1969 ex.s. c 223 § 28A.40.010. Prior: 1967 c 29 § 1; 1909 c 97 p 320 § 1; RRS § 4932; prior: 1897 c 118 § 109; 1890 p 373 § 50; 1886 p 20 § 57, part; Code 1881 § 3210, part; 1873 p 421 § 1. Formerly RCW 28A.40.010, 28.40.010.] 28A.515.300 28A.510.260 Distribution by ESD superintendent. Upon receiving the certificate of apportionment from the superintendent of public instruction the educational service district superintendent shall promptly apportion to the school districts of his or her educational service district the amounts then due and apportionable to such districts as certified by the superintendent of public instruction. [1990 c 33 § 427; 1983 c 56 § 5; 1975 1st ex.s. c 275 § 68; 1969 ex.s. c 176 § 109; 1969 ex.s. c 223 § 28A.48.030. Prior: 1965 ex.s. c 162 § 2; 1945 c 141 § 9; Rem. Supp. 1945 § 4940-8. Formerly RCW 28A.48.030, 28.48.030.] 28A.510.260 Severability—1983 c 56: See note following RCW 28A.195.010. Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010. 28A.510.270 County treasurer’s duties. The county treasurer of each county of this state shall be ex officio treasurer of the several school districts of their respective counties, and, except as otherwise provided by law, it shall be the duty of each county treasurer: (1) To receive and hold all moneys belonging to such school districts, and to pay them only for legally authorized obligations of the district. (2) To prepare and submit to each school district superintendent in the county a written report of the state of the finances of such district on the first day of each month, which report shall be submitted not later than the seventh business day of the month, which report shall contain the balance on hand the first of the preceding month, the funds paid in, warrants paid with interest thereon, if any, the number of warrants issued and not paid, and the balance on hand. (3) The treasurer of each county shall submit a statement of all canceled warrants of districts to the respective school district superintendents. The canceled warrants of each district shall be preserved separately and shall at all times be open to inspection by the school district superintendent or by any authorized accountant of such district. [1991 c 245 § 2; 1990 c 33 § 428; 1975-’76 2nd ex.s. c 118 § 28; 1975 1st ex.s. c 275 § 73; 1969 ex.s. c 176 § 114; 1969 ex.s. c 223 § 28A.48.100. Prior: 1911 c 85 § 1; 1909 c 97 p 309 § 1; RRS § 4867; prior: 1907 c 240 § 8; 1897 c 118 § 59; 1893 c 109 § 8; 1891 c 127 § 27; 1890 p 380 § 71; 1886 p 26 § 83; Code 1881 § 3236. Formerly RCW 28A.48.100, 28.48.100.] 28A.510.270 Severability—1975-’76 2nd ex.s. c 118: See note following RCW 28A.505.010. Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010. Intent—Finding—2007 c 505: See note following RCW 28A.515.330. Banks and trust companies, liquidation and winding up dividends unclaimed deposited in: RCW 30.44.150, 30.44.180. personal property, proceeds deposited in: RCW 30.44.220. Enlargement of, legislature may provide: State Constitution Art. 9 § 3 (Amendment 43). Escheated estates deposited in: RCW 11.08.210. Game and game fish lands payments to in lieu of property taxes: RCW 77.12.203. withdrawn from lease, payment of amount of lease into: RCW 77.12.360. Interest deposited in current state school fund used for current expenses: State Constitution Art. 9 § 3 (Amendment 43). Chapter 28A.515 RCW Investment of permanent common school fund: State Constitution Art. 16 § 5 (Amendment 44). COMMON SCHOOL CONSTRUCTION FUND Lands set aside and permanent funds established: Enabling act §§ 10 through 25. Chapter 28A.515 Sections 28A.515.300 Permanent common school fund—Sources—Use. 28A.515.310 Certain losses to permanent common school fund or other state educational funds as funded debt against state. [Title 28A RCW—page 210] Losses occasioned by default, fraud, etc., to become permanent debt against state: State Constitution Art. 9 § 5. Permanent and irreducible: State Constitution Art. 9 § 3 (Amendment 43), RCW 28A.515.300. (2008 Ed.) Common School Construction Fund Safe deposit box contents rent unpaid, sale, proceeds deposited in: RCW 22.28.040. unclaimed after liquidation and winding up of bank or trust company, proceeds from sale deposited in: RCW 30.44.220. School funds enumerated—Deposits—Uses: RCW 28A.320.330. State land acquired, lease and sale of, disposition of proceeds: RCW 79.10.030. withdrawn for game purposes, payment of amount of lease into: RCW 77.12.360. 28A.515.310 Certain losses to permanent common school fund or other state educational funds as funded debt against state. All losses to the permanent common school or any other state educational fund, which shall be occasioned by defalcation, mismanagement or fraud of the agents or officers controlling or managing the same, shall be audited by the proper authorities of the state. The amount so audited shall be a permanent funded debt against the state in favor of the particular fund sustaining such loss, upon which not less than six percent annual interest shall be paid. [1969 ex.s. c 223 § 28A.40.020. Prior: 1909 c 97 p 321 § 2; RRS § 4933; prior: 1897 c 118 § 110, part; 1890 p 373 § 51, part. Formerly RCW 28A.40.020, 28.40.020.] 28A.515.310 28A.515.320 Common school construction fund— Sources—Use—Excess moneys in, availability, repayment. The common school construction fund is to be used exclusively for the purpose of financing the construction of facilities for the common schools. The sources of said fund shall be: (1) Those proceeds derived from sale or appropriation of timber and other crops from school and state land other than those granted for specific purposes; (2) the interest accruing on the permanent common school fund less the allocations to the state treasurer’s service account [fund] pursuant to RCW 43.08.190 and the state investment board expense account pursuant to RCW 43.33A.160 together with all rentals and other revenue derived therefrom and from land and other property devoted to the permanent common school fund; (3) all moneys received by the state from the United States under the provisions of section 191, Title 30, United States Code, Annotated, and under section 810, chapter 12, Title 16, (Conservation), United States Code, Annotated, except moneys received before June 30, 2001, and when thirty megawatts of geothermal power is certified as commercially available by the receiving utilities and the department of community, trade, and economic development, eighty percent of such moneys, under the Geothermal Steam Act of 1970 pursuant to RCW 43.140.030; and (4) such other sources as the legislature may direct. That portion of the common school construction fund derived from interest on the permanent common school fund may be used to retire such bonds as may be authorized by law for the purpose of financing the construction of facilities for the common schools. The interest accruing on the permanent common school fund less the allocations to the state treasurer’s service fund pursuant to RCW 43.08.190 and the state investment board expense account pursuant to RCW 43.33A.160 together with all rentals and other revenues accruing thereto pursuant to subsection (2) of this section prior to July 1, 1967, shall be exclusively applied to the current use of the common schools. To the extent that the moneys in the common school construction fund are in excess of the amount necessary to allow 28A.515.320 (2008 Ed.) 28A.515.330 fulfillment of the purpose of said fund, the excess shall be available for deposit to the credit of the permanent common school fund or available for the current use of the common schools, as the legislature may direct. Any money from the common school construction fund which is made available for the current use of the common schools shall be restored to the fund by appropriation, including interest income foregone [forgone], before the end of the next fiscal biennium following such use. [1996 c 186 § 503; 1991 sp.s. c 13 § 58; 1991 c 76 § 2; 1981 c 158 § 6; 1981 c 4 § 1; 1980 c 6 § 1; 1969 ex.s. c 223 § 28A.40.100. Prior: 1967 c 29 § 3. Formerly RCW 28A.40.100, 28.40.100.] Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904. Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240. Severability—1981 c 4: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1981 c 4 § 10.] Severability—1980 c 6: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1980 c 6 § 8.] Current state school fund—Abolished—Moneys transferred: RCW 43.79.425. 28A.515.330 Permanent common school fund— Allowable investments—Irreducible principal. The state investment board may invest the permanent common school fund in various types of allowable investments in order to achieve a balance of long-term growth and current income, when consistent with the best interest of the state and the permanent common school fund, and in conformance with RCW 43.84.150. The state treasurer shall calculate the irreducible principal amount of the fund in accordance with the state Constitution and state law. The irreducible principal shall not include investment gains on the principal, and the fund may retain or distribute income and investment earnings in order to achieve the appropriate balance between growth and income. [2007 c 505 § 3.] 28A.515.330 Intent—Finding—2007 c 505: "Consistent with Article XVI, section 5 and Article IX, sections 3 and 5 of the state Constitution, it is the intent of the legislature to clarify state law to permit the permanent common school fund to be invested in equities when such investment is in the best interest of the state and the permanent common school fund. A 1999 opinion of the attorney general concluded that the constitutional language does not prohibit investment of the permanent common school fund, as long as the investment is authorized by law and is consistent with applicable trust principles. This opinion further reasoned that the constitutional phrase "permanent and irreducible" bars the legislature from abolishing the fund or expending its principal for purposes other than those for which the fund was established, but does not prohibit the legislature from specifying permissible investments, particularly in light of Article IX, section 5 of the state Constitution, which specifies that only losses resulting from "defalcation, mismanagement or fraud" constitute state debts to the permanent common school fund. The legislature finds that permanent fund common school fund income as a percentage of total school construction budgets has declined while school construction budgets have grown, and that other state revenues have filled the gap between income from state lands and the total school construction budget. For this reason, the fund may tolerate higher risk and volatility in favor of growth, and therefore a balance of long-term growth and current income is in the best interest of the state and the fund’s beneficiaries. The legislature recognizes that by investing in equities, the value of the permanent fund may fluctuate over time due to market changes even if no disposition of the fund principal is made. [Title 28A RCW—page 211] Chapter 28A.520 Title 28A RCW: Common School Provisions It is the intent of the legislature to clarify state law to permit equity investment of the permanent common school fund even if there is a decline in the value of the permanent fund due to market changes. The legislature recognizes that the irreducible portion of the principal amount in the permanent fund must be held in perpetuity for the benefit of the fund and future generations, and that only the earnings from the permanent fund may be appropriated to the common school construction fund." [2007 c 505 § 1.] Chapter 28A.520 RCW FOREST RESERVE FUNDS DISTRIBUTION Chapter 28A.520 Sections 28A.520.010 Distribution of forest reserve funds—Procedure—Proportional county area distribution, when. 28A.520.020 Distribution of forest reserve funds—Revolving account created—Use—Apportionments from—As affects basic education allocation. 28A.520.010 Distribution of forest reserve funds— Procedure—Proportional county area distribution, when. Of the moneys received by the state from the federal government in accordance with Title 16, section 500, United States Code, fifty percent shall be spent by the counties on public schools or public roads, and fifty percent shall be spent by the counties on public schools as provided in RCW 28A.520.020(2), or for any other purposes as now or hereafter authorized by federal law, in the counties in the United States forest reserve from which such moneys were received. Where the reserve is situated in more than one county, the state treasurer shall determine the proportional area of the counties therein. The state treasurer is authorized and required to obtain the necessary information to enable him or her to make that determination. The state treasurer shall distribute to the counties, according to the determined proportional area, the money to be spent by the counties. The county legislative authority shall expend the fifty percent received by the county for the benefit of the public roads or public schools of the county, or for any other purposes as now or hereafter authorized by federal law. [1990 c 33 § 429; 1985 c 311 § 1; 1982 c 126 § 1. Formerly RCW 28A.02.300.] 28A.520.010 Effective date—1982 c 126: "This act shall take effect July 1, 1983." [1982 c 126 § 5.] Severability—1982 c 126: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1982 c 126 § 4.] 28A.520.020 Distribution of forest reserve funds— Revolving account created—Use—Apportionments from—As affects basic education allocation. (1) There shall be a fund known as the federal forest revolving account. The state treasurer, who shall be custodian of the revolving account, shall deposit into the revolving account the funds for each county received by the state in accordance with Title 16, section 500, United States Code. The state treasurer shall distribute these moneys to the counties according to the determined proportional area. The county legislative authority shall expend fifty percent of the money for the benefit of the public roads and other public purposes as authorized by federal statute or public schools of such county and not otherwise. Disbursements by the counties of the remaining fifty percent of the money shall be as authorized by the superinten28A.520.020 [Title 28A RCW—page 212] dent of public instruction, or the superintendent’s designee, and shall occur in the manner provided in subsection (2) of this section. (2) No later than thirty days following receipt of the funds from the federal government, the superintendent of public instruction shall apportion moneys distributed to counties for schools to public school districts in the respective counties in proportion to the number of full time equivalent students enrolled in each public school district to the number of full time equivalent students enrolled in public schools in the county. In apportioning these funds, the superintendent of public instruction shall utilize the October enrollment count. (3) If the amount received by any public school district pursuant to subsection (2) of this section is less than the basic education allocation to which the district would otherwise be entitled, the superintendent of public instruction shall apportion to the district, in the manner provided by RCW 28A.510.250, an amount which shall be the difference between the amount received pursuant to subsection (2) of this section and the basic education allocation to which the district would otherwise be entitled. (4) All federal forest funds shall be expended in accordance with the requirements of Title 16, section 500, United States Code, as now existing or hereafter amended. [1991 sp.s. c 13 § 113; 1990 c 33 § 430; 1985 c 311 § 2; 1982 c 126 § 2. Formerly RCW 28A.02.310.] Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240. Effective date—Severability—1982 c 126: See notes following RCW 28A.520.010. Chapter 28A.525 Chapter 28A.525 RCW BOND ISSUES Sections 28A.525.010 28A.525.020 28A.525.025 28A.525.030 28A.525.040 28A.525.050 28A.525.055 28A.525.060 28A.525.070 28A.525.080 28A.525.090 28A.525.162 28A.525.164 28A.525.166 28A.525.168 28A.525.170 28A.525.172 28A.525.174 Statement of intent. Duties of superintendent of public instruction. School facilities citizen advisory panel—Membership— Travel expenses—Technical advisory group. Modernization of existing school facilities. Portable buildings or classrooms. Applications for aid—Recommendations. Eligibility for state assistance for new construction—Inventory assessment exclusion—Rules. Manual—Contents—Preparation and revision. Development of school building programs—Assistance of superintendent of public instruction. Federal funds for school plant facilities—Rules. Construction management techniques—Rules—Use— Information and training. Allotment of appropriations for school plant facilities— Local school district participation—Computing state matching percentage—Rules. Allotment of appropriations for school plant facilities— Duties of superintendent of public instruction. Allotment of appropriations for school plant facilities— Computation of state aid for school plant project. Allotment of appropriations for school plant facilities— Taxable valuation and percentage of state assistance to be used in determining eligibility. Allotment of appropriations for school plant facilities— Additional allotment authorized—Effect of allotment on future disbursements to district. Allotment of appropriations for school plant facilities— Application by district for state assistance—Studies and surveys by the superintendent of public instruction. Allotment of appropriations for school plant facilities— Manual, other materials to guide and provide information to district. (2008 Ed.) Bond Issues 28A.525.176 28A.525.178 28A.525.180 28A.525.190 28A.525.200 28A.525.210 28A.525.212 28A.525.214 28A.525.216 28A.525.218 28A.525.220 28A.525.222 28A.525.230 28A.525.240 28A.525.250 28A.525.260 28A.525.270 28A.525.280 28A.525.290 28A.525.300 28A.525.310 Allotment of appropriations for school plant facilities— Consultatory and advisory service from the superintendent of public instruction. Allotment of appropriations for school plant facilities— Modifiable basic or standard plans for school buildings. Allotment of appropriations for school plant facilities— Reduction of appropriation for receipt of federal funds. Prioritizing construction of common school facilities. Allocation and distribution of funds for school plant facilities governed by chapter. 1984 bond issue for construction, modernization of school plant facilities—Intent. 1984 bond issue for construction, modernization of school plant facilities—Authorized—Sale. 1984 bond issue for construction, modernization of school plant facilities—Proceeds deposited in common school construction fund—Use. 1984 bond issue for construction, modernization of school plant facilities—Proceeds—Administration. 1984 bond issue for construction, modernization of school plant facilities—State general obligation bond fund utilized for payment of principal and interest—Committee’s and treasurer’s duties—Form and condition of bonds. 1984 bond issue for construction, modernization of school plant facilities—Legislature may provide additional means for payment. 1984 bond issue for construction, modernization of school plant facilities—Bonds as legal investment for public funds. Bonds authorized—Amount—As compensation for sale of timber—Sale, conditions. Bond anticipation notes—Authorized—Payment. Form, terms, conditions, sale and covenants of bonds and notes. Disposition of proceeds from sale of bonds and notes—Use. State general obligation bond retirement fund utilized for payment of bond principal and interest—Procedure. Bonds as legal investment for public funds. Chapter provisions as limited by other statutes, covenants and proceedings. Proceeds from sale of bonds as compensation for sale of timber from trust lands. Proceeds from voter-approved bonds, voter-approved levies, and other funding—Use for installment purchase contracts and leases with options to purchase. 28A.525.010 Statement of intent. It is hereby declared to be the intent of the legislature that the following provisions be enacted for the purpose of establishing and providing for the operation of a program of state assistance to school districts in providing school plant facilities. [1969 ex.s. c 223 § 28A.47.050. Prior: 1947 c 278 § 1; Rem. Supp. 1947 § 4940-12. Formerly RCW 28A.47.050, 28.47.050.] 28A.525.010 28A.525.020 Duties of superintendent of public instruction. The superintendent of public instruction, considering policy recommendations from the school facilities citizen advisory panel, shall have the power and duty (1) to prescribe rules governing the administration, control, terms, conditions, and disbursements of allotments to school districts to assist them in providing school plant facilities; (2) to approve allotments to districts that apply for state assistance whenever such action is advisable; (3) to authorize the payment of approved allotments by warrant of the state treasurer; and (4) in the event that the amount of state assistance applied for exceeds the funds available for such assistance during any biennium, to make allotments on the basis of the urgency of need for school facilities in the districts that apply for assistance and/or to prorate allotments among such districts in conformity with applicable procedures and rules. [2006 c 263 § 301; 1969 ex.s. c 223 § 28A.47.060. Prior: 1947 c 278 28A.525.020 (2008 Ed.) 28A.525.030 § 2; Rem. Supp. 1947 § 4940-13. Form erly RCW 28A.47.060, 28.47.060.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.525.025 School facilities citizen advisory panel—Membership—Travel expenses—Technical advisory group. (1) To maintain citizen oversight on issues pertaining to school facilities and funding for school construction, a school facilities citizen advisory panel shall be created by the state board of education. The panel shall advise and make recommendations to the superintendent of public instruction regarding school facilities, funding for school construction, joint planning and financing of educational facilities, facility plans and programs for nonhigh school districts, and determinations of remote and necessary schools. (2) The membership of the school facilities citizen advisory panel shall be as follows: (a) One member of the state board of education; (b) Two school district directors representing school districts of various sizes and geographic locations, who are appointed by the state board of education and selected from a list of five names submitted to the board by the Washington state school directors’ association; and (c) Four additional citizen members appointed by the state board of education. (3) Members of the panel shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. (4) In addition to the school facilities citizen advisory panel, the superintendent of public instruction may convene a technical advisory group including representatives from school business officers, building and construction contracting and trade organizations, architecture and engineering organizations, and other organizations with expertise in school facilities. [2006 c 263 § 308.] 28A.525.025 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.525.030 Modernization of existing school facilities. Whenever funds are appropriated for modernization of existing school facilities, the superintendent of public instruction is authorized to approve the use of such funds for modernization of existing facilities, modernization being limited to major structural changes in such facilities and, as necessary to bring such facilities into compliance with the barrier free access requirements of section 504 of the federal rehabilitation act of 1973 (29 U.S.C. Sec. 706) and rules implementing the act, both major and minor structural changes, and may include as incidental thereto the replacement of fixtures, fittings, furnishings and service systems of a building in order to bring it up to a contemporary state consistent with the needs of changing educational programs. The allocation of such funds shall be made upon the same basis as funds used for the financing of a new school plant project utilized for a similar purpose. [2006 c 263 § 302; 1995 c 77 § 23; 1980 c 154 § 17; 1969 ex.s. c 223 § 28A.47.073. Prior: 1967 ex.s. c 21 § 1. Formerly RCW 28A.47.073, 28.47.073.] 28A.525.030 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Purpose—Effective dates—Savings—Disposition of certain funds— Severability—1980 c 154: See notes following chapter 82.45 RCW digest. [Title 28A RCW—page 213] 28A.525.040 Title 28A RCW: Common School Provisions 28A.525.040 Portable buildings or classrooms. State matching funds shall not be denied to any school district undertaking any construction, repairs or improvements for school district purposes solely on the ground that said construction, repairs and improvements are in connection with portable buildings or classrooms. [1969 ex.s. c 223 § 28A.47.075. Prior: 1953 c 158 § 1. Formerly RCW 28A.47.075, 28.47.075.] 28A.525.040 28A.525.050 Applications for aid—Recommendations. All applications by school districts for state assistance in providing school plant facilities shall be made to the superintendent of public instruction. Studies and surveys shall be conducted by the superintendent for the purpose of securing information relating to (1) the kind and extent of the school plant facilities required and the urgency of need for such facilities in districts that seek state assistance, (2) the ability of such districts to provide capital outlay funds by local effort, (3) the need for improvement of school administrative units and school attendance areas among or within such districts, and (4) any other pertinent matters. Recommendations respecting action on the applications shall be submitted to the superintendent of public instruction. [2006 c 263 § 303; 1969 ex.s. c 223 § 28A.47.080. Prior: 1947 c 278 § 4; Rem. Supp. 1947 § 4940-15. Formerly RCW 28A.47.080, 28.47.080.] 28A.525.050 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. of school children will be served; (4) the planning of readily expansible and flexible school buildings to meet the requirements of an increasing school population and a constantly changing educational program; (5) an acceptable school building maintenance program and the necessity therefor; (6) the relationship of an efficient school building operations service to the health and educational progress of pupils; and (7) any other matters regarded by the aforesaid officer as pertinent or related to the purposes and requirements of RCW 28A.525.010 through 28A.525.080 and 28A.335.230. [1990 c 33 § 431; 1979 c 141 § 36; 1969 ex.s. c 223 § 28A.47.090. Prior: 1947 c 278 § 5; Rem. Supp. 1947 § 4940-16. Formerly RCW 28A.47.090, 28.47.090.] 28A.525.070 Development of school building programs—Assistance of superintendent of public instruction. The superintendent of public instruction shall furnish to school districts seeking state assistance consultatory and advisory service in connection with the development of school building programs and the planning of school plant facilities for such district. [2006 c 263 § 305; 1985 c 136 § 1; 1969 ex.s. c 223 § 28A.47.100. Prior: 1947 c 278 § 6; Rem. Supp. 1947 § 4940-17. Formerly RCW 28A.47.100, 28.47.100.] 28A.525.070 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.525.055 Eligibility for state assistance for new construction—Inventory assessment exclusion—Rules. The rules adopted by the superintendent of public instruction for determining eligibility for state assistance for new construction shall exclude from the inventory of available educational space those spaces that have been constructed for educational and community activities from grants received from other public or private entities. [2006 c 263 § 304; 1994 c 219 § 11.] 28A.525.080 Federal funds for school plant facilities—Rules. Insofar as is permissible under acts of congress, funds made available by the federal government for the purpose of assisting school districts in providing school plant facilities shall be made available to such districts in conformity with rules that the superintendent, considering policy recommendations from the school facilities citizen advisory panel, shall establish. [2006 c 263 § 306; 1969 ex.s. c 223 § 28A.47.120. Prior: 1947 c 278 § 8; Rem. Supp. 1947 § 4940-19. Formerly RCW 28A.47.120, 28.47.120.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.525.080 28A.525.055 Finding—1994 c 219: See note following RCW 43.88.030. 28A.525.090 Construction management techniques—Rules—Use—Information and training. (1) The superintendent of public instruction, considering policy recommendations from the school facilities citizen advisory panel, shall adopt rules for appropriate use of the following construction management techniques: Value engineering, constructibility review, building commissioning, and construction management. Rules adopted under this section shall: (a) Define each technique as it applies to school buildings; (b) Describe the scope of work for each technique; (c) Define the timing for implementing each technique in the construction process; (d) Determine the appropriate size of projects for the use of each technique; and (e) Determine standards for qualification and performance for each technique. (2) Except as provided in rules adopted under subsection (1)(d) of this section, in allocating state moneys provided under this chapter, the superintendent of public instruction 28A.525.090 28A.525.060 Manual—Contents—Preparation and revision. It shall be the duty of the superintendent of public instruction, in consultation with the Washington state department of social and health services, to prepare, and so often as the superintendent deems necessary revise, a manual for the information and guidance of local school district authorities and others responsible for and concerned with the designing, planning, maintenance, and operation of school plant facilities for the common schools. In the preparation and revision of the aforesaid manual due consideration shall be given to the presentation of information regarding (1) the need for cooperative state-local district action in planning school plant facilities arising out of the cooperative plan for financing said facilities provided for in RCW 28A.525.010 through 28A.525.080 and 28A.335.230; (2) procedures in inaugurating and conducting a school plant planning program for a school district; (3) standards for use in determining the selection and development of school sites and in designing, planning, and constructing school buildings to the end that the health, safety, and educational well-being and development 28A.525.060 [Title 28A RCW—page 214] (2008 Ed.) Bond Issues shall include in funding for each project, at the state matching percentage, the cost of each of the construction management techniques listed in subsection (1) of this section. (3) When assigning priority and allocating state funds for construction of common school facilities, the superintendent shall consider the adequacy of the construction management techniques used by a district and the compliance with the rules adopted under subsection (1) of this section. (4) Except as provided in rules adopted under subsection (1)(d) of this section, the construction management techniques in subsection (1) of this section shall be used on each project submitted for approval by the superintendent. (5)(a) School districts applying for state assistance for school facilities shall: (i) Cause value engineering, constructibility review, and building commissioning to be performed by contract with a professional firm specializing in those construction management techniques; and (ii) Contract or employ personnel to perform professional construction management. (b) All recommendations from the value engineering and constructibility review construction techniques for a school project shall be presented to the school district’s board of directors for acceptance or rejection. If the board of directors rejects a recommendation it shall provide a statement explaining the reasons for rejecting the recommendation and include the statement in the application for state assistance to the superintendent of public instruction. (6) The office of the superintendent of public instruction shall provide: (a) An information and training program for school districts on the use of the construction management techniques; and (b) Consulting services to districts on the benefits and best uses of these construction management techniques. [2006 c 263 § 307; 1999 c 313 § 2.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Findings—1999 c 313: "The legislature finds that certain construction management techniques will improve the effectiveness of construction and operation of new school buildings, and that such techniques, including value engineering, constructibility reviews, building commissioning, and professional construction management, will provide better value to the taxpayers by reducing construction costs, improving building operations, improving the building environment for the occupants, and reducing future replacement costs." [1999 c 313 § 1.] 28A.525.162 Allotment of appropriations for school plant facilities—Local school district participation— Computing state matching percentage—Rules. (1) Funds appropriated to the superintendent of public instruction from the common school construction fund shall be allotted by the superintendent of public instruction in accordance with student enrollment and the provisions of RCW 28A.525.200. (2) No allotment shall be made to a school district until such district has provided matching funds equal to or greater than the difference between the total approved project cost and the amount of state assistance to the district for financing the project computed pursuant to RCW 28A.525.166, with the following exceptions: (a) The superintendent of public instruction may waive the matching requirement for districts which have provided 28A.525.162 (2008 Ed.) 28A.525.162 funds for school building construction purposes through the authorization of bonds or through the authorization of excess tax levies or both in an amount equivalent to two and one-half percent of the value of its taxable property, as defined in RCW 39.36.015. (b) No such matching funds shall be required as a condition to the allotment of funds for the purpose of making major or minor structural changes to existing school facilities in order to bring such facilities into compliance with the barrier free access requirements of section 504 of the federal rehabilitation act of 1973 (29 U.S.C. Sec. 706) and rules implementing the act. (3) For the purpose of computing the state matching percentage under RCW 28A.525.166 when a school district is granted authority to enter into contracts, adjusted valuation per pupil shall be calculated using headcount student enrollments from the most recent October enrollment reports submitted by districts to the superintendent of public instruction, adjusted as follows: (a) In the case of projects for which local bonds were approved after May 11, 1989: (i) For districts which have been designated as serving high school districts under RCW 28A.540.110, students residing in the nonhigh district so designating shall be excluded from the enrollment count if the student is enrolled in any grade level not offered by the nonhigh district; (ii) The enrollment of nonhigh school districts shall be increased by the number of students residing within the district who are enrolled in a serving high school district so designated by the nonhigh school district under RCW 28A.540.110, including only students who are enrolled in grade levels not offered by the nonhigh school district; and (iii) The number of preschool students with disabilities included in the enrollment count shall be multiplied by onehalf; (b) In the case of construction or modernization of high school facilities in districts serving students from nonhigh school districts, the adjusted valuation per pupil shall be computed using the combined adjusted valuations and enrollments of each district, each weighted by the percentage of the district’s resident high school students served by the high school district; and (c) The number of kindergarten students included in the enrollment count shall be multiplied by one-half. (4) The superintendent of public instruction, considering policy recommendations from the school facilities citizen advisory panel, shall prescribe such rules as are necessary to equate insofar as possible the efforts made by school districts to provide capital funds by the means aforesaid. (5) For the purposes of this section, "preschool students with disabilities" means developmentally disabled children of preschool age who are entitled to services under RCW 28A.155.010 through 28A.155.100 and are not included in the kindergarten enrollment count of the district. [2006 c 263 § 309; 1995 c 77 § 24; 1990 c 33 § 455; 1989 c 321 § 1; 1980 c 154 § 18; 1974 ex.s. c 56 § 1; 1970 ex.s. c 42 § 5; 1969 ex.s. c 244 § 2. Formerly RCW 28A.47.801, 28.47.801.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Purpose—Effective dates—Savings—Disposition of certain funds— Severability—1980 c 154: See notes following chapter 82.45 RCW digest. [Title 28A RCW—page 215] 28A.525.164 Title 28A RCW: Common School Provisions Severability—1974 ex.s. c 56: "If any provision of this 1974 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1974 ex.s. c 56 § 9.] Severability—Effective date—1970 ex.s. c 42: See notes following RCW 39.36.015. Severability—1969 ex.s. c 244: "If any section, paragraph, sentence, clause, phrase or word of this act should be held to be invalid or unconstitutional, such act shall not affect nor impair the validity or constitutionality of any other section, paragraph, sentence, clause, phrase or word of this act. It is hereby declared that had any section, paragraph, sentence, clause, phrase or word as to which this act is declared invalid been eliminated from the act at the time the same was considered, the act would have nevertheless been enacted with such portions eliminated." [1969 ex.s. c 244 § 16.] 28A.525.164 Allotment of appropriations for school plant facilities—Duties of superintendent of public instruction. In allotting the state funds provided by RCW 28A.525.162 through 28A.525.180, the superintendent of public instruction shall: (1) Prescribe rules not inconsistent with RCW 28A.525.162 through 28A.525.180 governing the administration, control, terms, conditions, and disbursement of allotments to school districts to assist them in providing school plant facilities; (2) Approve allotments to districts that apply for state assistance; (3) Authorize the payment of approved allotments by warrant of the state treasurer; and (4) In the event that the amount of state assistance applied for pursuant to the provisions hereof exceeds the funds available for such assistance during any biennium, make allotments on the basis of the urgency of need for school facilities in the districts that apply for assistance or prorate allotments among such districts in conformity with applicable rules. [2006 c 263 § 310; 1990 c 33 § 456; 1989 c 321 § 2; 1974 ex.s. c 56 § 2; 1969 ex.s. c 244 § 3. Formerly RCW 28A.47.802, 28.47.802.] 28A.525.164 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Severability—1974 ex.s. c 56: See note following RCW 28A.525.162. Seve ra bi li ty—1 969 e x.s. c 244 : Se e no te fo llo wing R CW 28A.525.162. 28A.525.166 Allotment of appropriations for school plant facilities—Computation of state aid for school plant project. Allocations to school districts of state funds provided by RCW 28A.525.162 through 28A.525.180 shall be made by the superintendent of public instruction and the amount of state assistance to a school district in financing a school plant project shall be determined in the following manner: (1) The boards of directors of the districts shall determine the total cost of the proposed project, which cost may include the cost of acquiring and preparing the site, the cost of constructing the building or of acquiring a building and preparing the same for school use, the cost of necessary equipment, taxes chargeable to the project, necessary architects’ fees, and a reasonable amount for contingencies and for other necessary incidental expenses: PROVIDED, That the total cost of the project shall be subject to review and approval by the superintendent. 28A.525.166 [Title 28A RCW—page 216] (2) The state matching percentage for a school district shall be computed by the following formula: The ratio of the school district’s adjusted valuation per pupil divided by the ratio of the total state adjusted valuation per pupil shall be subtracted from three, and then the result of the foregoing shall be divided by three plus (the ratio of the school district’s adjusted valuation per pupil divided by the ratio of the total state adjusted valuation per pupil). Computed State = Ratio District adjusted 3-valuation per pupil Total state ÷ adjusted valuation per pupil District adjusted 3+valuation per pupil Total state ÷ adjusted valuation per pupil State = - % Assistance PROVIDED, That in the event the percentage of state assistance to any school district based on the above formula is less than twenty percent and such school district is otherwise eligible for state assistance under RCW 28A.525.162 through 28A.525.180, the superintendent may establish for such district a percentage of state assistance not in excess of twenty percent of the approved cost of the project, if the superintendent finds that such additional assistance is necessary to provide minimum facilities for housing the pupils of the district. (3) In addition to the computed percent of state assistance developed in subsection (2) of this section, a school district shall be entitled to additional percentage points determined by the average percentage of growth for the past three years. One percent shall be added to the computed percent of state assistance for each percent of growth, with a maximum of twenty percent. (4) The approved cost of the project determined in the manner prescribed in this section multiplied by the percentage of state assistance derived as provided for in this section shall be the amount of state assistance to the district for the financing of the project: PROVIDED, That need therefor has been established to the satisfaction of the superintendent: PROVIDED, FURTHER, That additional state assistance may be allowed if it is found by the superintendent, considering policy recommendations from the school facilities citizen advisory panel that such assistance is necessary in order to meet (a) a school housing emergency resulting from the destruction of a school building by fire, the condemnation of a school building by properly constituted authorities, a sudden excessive and clearly foreseeable future increase in school population, or other conditions similarly emergent in nature; or (b) a special school housing burden resulting from industrial projects of statewide significance or imposed by virtue of the admission of nonresident students into educational programs established, maintained and operated in conformity with the requirements of law; or (c) a deficiency in the capital funds of the district resulting from financing, subsequent to April 1, 1969, and without benefit of the state assistance provided by prior state assistance programs, the construction of a needed school building project or projects approved in conformity with the requirements of such programs, after having first applied for and been denied state assistance because of the inadequacy of state funds available for the purpose, or (d) a condition created by the fact that an excessive number of students live in state owned housing, or (2008 Ed.) Bond Issues (e) a need for the construction of a school building to provide for improved school district organization or racial balance, or (f) conditions similar to those defined under (a), (b), (c), (d), and (e) of this subsection, creating a like emergency. [2006 c 263 § 311; 1997 c 369 § 9; 1990 c 33 § 457; 1989 c 321 § 3; 1975 1st ex.s. c 98 § 1; 1974 ex.s. c 56 § 3; 1969 ex.s. c 244 § 4. Formerly RCW 28A.47.803, 28.47.803.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Effective date—1975 1st ex.s. c 98: "This 1975 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1975." [1975 1st ex.s. c 98 § 3.] Severability—1974 ex.s. c 56: See note following RCW 28A.525.162. Seve ra bi li ty—1 969 e x.s. c 244 : Se e no te fo llo wing R CW 28A.525.162. Industrial project of statewide significance—Defined: RCW 43.157.010. 28A.525.168 28A.525.168 Allotment of appropriations for school plant facilities—Taxable valuation and percentage of state assistance to be used in determining eligibility. Whenever the voters of a school district authorize the issuance of bonds and/or the levying of excess taxes in an amount sufficient to meet the requirements of RCW 28A.525.162 respecting eligibility for state assistance in providing school facilities, the taxable valuation of the district and the percentage of state assistance in providing school facilities prevailing at the time of such authorization shall be the valuation and the percentage used for the purpose of determining the eligibility of the district for an allotment of state funds and the amount or amounts of such allotments, respectively, for all projects for which the voters authorize capital funds as aforesaid, unless a higher percentage of state assistance prevails on the date that state funds for assistance in financing a project are allotted by the superintendent of public instruction in which case the percentage prevailing on the date of allotment by the superintendent of funds for each project shall govern: PROVIDED, That if the superintendent of public instruction, considering policy recommendations from the school facilities citizen advisory panel, determines at any time that there has been undue or unwarranted delay on the part of school district authorities in advancing a project to the point of readiness for an allotment of state funds, the taxable valuation of the school district and the percentage of state assistance prevailing on the date that the allotment is made shall be used for the purposes aforesaid: PROVIDED, FURTHER, That the date specified in this section as applicable in determining the eligibility of an individual school district for state assistance and in determining the amount of such assistance shall be applicable also to cases where it is necessary in administering chapter 28A.540 RCW to determine eligibility for and the amount of state assistance for a group of school districts considered as a single school administrative unit. [2006 c 263 § 312; 1990 c 33 § 458; 1969 ex.s. c 244 § 5. Formerly RCW 28A.47.804, 28.47.804.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Seve ra bi li ty—1 969 e x.s. c 244 : Se e no te fo llo wing R CW 28A.525.162. (2008 Ed.) 28A.525.174 28A.525.170 Allotment of appropriations for school plant facilities—Additional allotment authorized—Effect of allotment on future disbursements to district. If a school district which has qualified for an allotment of state funds under the provisions of RCW 28A.525.162 through 28A.525.180 for school building construction is found by the superintendent of public instruction, considering policy recommendations from the school facilities citizen advisory panel, to have a school housing emergency requiring an allotment of state funds in excess of the amount allocable under RCW 28A.525.166, an additional allotment may be made to such district: PROVIDED, That the total amount allotted shall not exceed ninety percent of the total cost of the approved project which may include the cost of the site and equipment. At any time thereafter when the superintendent finds that the financial position of such school district has improved through an increase in its taxable valuation or through retirement of bonded indebtedness or through a reduction in school housing requirements, or for any combination of these reasons, the amount of such additional allotment, or any part of such amount as the superintendent determines, shall be deducted, under terms and conditions prescribed by the superintendent, from any state school building construction funds which might otherwise be provided to such district. [2006 c 263 § 313; 1990 c 33 § 459; 1974 ex.s. c 56 § 4; 1969 ex.s. c 244 § 6. Formerly RCW 28A.47.805, 28.47.805.] 28A.525.170 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Severability—1974 ex.s. c 56: See note following RCW 28A.525.162. Seve ra bili ty— 1969 e x.s. c 244 : Se e no te fo llo wing R CW 28A.525.162. 28A.525.172 Allotment of appropriations for school plant facilities—Application by district for state assistance—Studies and surveys by the superintendent of public instruction. All applications by school districts for state assistance in providing school plant facilities shall be made to the superintendent of public instruction in conformity with rules adopted by the superintendent of public instruction, considering policy recommendations from the school facilities citizen advisory panel. Studies and surveys shall be conducted by the superintendent for the purpose of securing information relating to (a) [(1)] the kind and extent of the school plant facilities required and the urgency of need for such facilities in districts that seek state assistance, (b) [(2)] the ability of such districts to provide capital funds by local effort, (c) [(3)] the need for improvement of school administrative units and school attendance areas among or within such districts, and (d) [(4)] any other pertinent matters. [2006 c 263 § 314; 1969 ex.s. c 244 § 7. Formerly RCW 28A.47.806, 28.47.806.] 28A.525.172 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Seve ra bili ty— 1969 e x.s. c 244 : Se e no te fo llo wing R CW 28A.525.162. 28A.525.174 Allotment of appropriations for school plant facilities—Manual, other materials to guide and provide information to district. It shall be the duty of the superintendent of public instruction, in consultation with the 28A.525.174 [Title 28A RCW—page 217] 28A.525.176 Title 28A RCW: Common School Provisions Washington state department of health, to prepare a manual and/or to specify other materials for the information and guidance of local school district authorities and others responsible for and concerned with the designing, planning, maintenance and operation of school plant facilities for the public schools. In so doing due consideration shall be given to the presentation of information regarding (1) the need for cooperative state-local district action in planning school plant facilities arising out of the cooperative plan for financing said facilities provided for in RCW 28A.525.162 through 28A.525.180; (2) procedures in inaugurating and conducting a school plant planning program for a school district; (3) standards for use in determining the selection and development of school sites and in designing, planning, and constructing school buildings to the end that the health, safety, and educational well-being and development of school children will be served; (4) the planning of readily expansible and flexible school buildings to meet the requirements of an increasing school population and a constantly changing educational program; (5) an acceptable school building maintenance program and the necessity therefor; (6) the relationship of an efficient school building operations service to the health and educational progress of pupils; and (7) any other matters regarded by the superintendent as pertinent or related to the purposes and requirements of RCW 28A.525.162 through 28A.525.180. [2006 c 263 § 315; 1990 c 33 § 460; 1979 c 141 § 39; 1974 ex.s. c 56 § 5; 1969 ex.s. c 244 § 8. Formerly RCW 28A.47.807, 28.47.807.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Severability—1974 ex.s. c 56: See note following RCW 28A.525.162. Seve ra bi li ty—1 969 e x.s. c 244 : Se e no te fo llo wing R CW 28A.525.162. 33 § 462; 1974 ex.s. c 56 § 7; 1969 ex.s. c 244 § 10. Formerly RCW 28A.47.809, 28.47.809.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Severability—1974 ex.s. c 56: See note following RCW 28A.525.162. Seve ra bili ty— 1969 e x.s. c 244 : Se e no te fo llo wing R CW 28A.525.162. 28A.525.180 Allotment of appropriations for school plant facilities—Reduction of appropriation for receipt of federal funds. The total amount of funds appropriated under the provisions of RCW 28A.525.162 through 28A.525.180 shall be reduced by the amount of federal funds made available during each biennium for school construction purposes under any applicable federal law. The funds appropriated by RCW 28A.525.162 through 28A.525.180 and available for allotment by the superintendent of public instruction shall be reduced by the amount of such federal funds made available. Notwithstanding the foregoing provisions of this section, the total amount of funds appropriated by RCW 28A.525.162 through 28A.525.180 shall not be reduced by reason of any grants to any school district of federal moneys paid under Public Law No. 815 or any other federal act authorizing school building construction assistance to federally affected areas. [2006 c 263 § 318; 1990 c 33 § 463; 1974 ex.s. c 56 § 8; 1969 ex.s. c 244 § 11. Formerly RCW 28A.47.810, 28.47.810.] 28A.525.180 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Severability—1974 ex.s. c 56: See note following RCW 28A.525.162. Seve ra bili ty— 1969 e x.s. c 244 : Se e no te fo llo wing R CW 28A.525.162. 28A.525.190 Prioritizing construction of common school facilities. The superintendent of public instruction, considering policy recommendations from the school facilities citizen advisory panel[,] shall prioritize the construction of common school facilities only from funds appropriated and available in the common school construction fund. [2006 c 263 § 319; 1975 1st ex.s. c 98 § 2. Formerly RCW 28A.47.820.] 28A.525.190 28A.525.176 Allotment of appropriations for school plant facilities—Consultatory and advisory service from the superintendent of public instruction. The superintendent of public instruction shall furnish to school districts seeking state assistance under the provisions of RCW 28A.525.162 through 28A.525.180 consultatory and advisory service in connection with the development of school building programs and the planning of school plant facilities. [2006 c 263 § 316; 1990 c 33 § 461; 1974 ex.s. c 56 § 6; 1969 ex.s. c 244 § 9. Formerly RCW 28A.47.808, 28.47.808.] 28A.525.176 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Severability—1974 ex.s. c 56: See note following RCW 28A.525.162. Seve ra bi li ty—1 969 e x.s. c 244 : Se e no te fo llo wing R CW 28A.525.162. 28A.525.178 Allotment of appropriations for school plant facilities—Modifiable basic or standard plans for school buildings. When economies may be affected without impairing the usefulness and adequacy of school buildings, the superintendent of public instruction, considering policy recommendations from the school facilities citizen advisory panel, may prescribe rules and establish procedures governing the preparation and use of modifiable basic or standard plans for school building construction projects for which state assistance funds provided by RCW 28A.525.162 through 28A.525.180 are allotted. [2006 c 263 § 317; 1990 c 28A.525.178 [Title 28A RCW—page 218] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Effective date—1975 1st ex.s. c 98: See note following RCW 28A.525.166. 28A.525.200 Allocation and distribution of funds for school plant facilities governed by chapter. Notwithstanding any other provision of RCW 28A.525.010 through 28A.525.222, the allocation and distribution of funds by the superintendent of public instruction, considering policy recommendations from the school facilities citizen advisory panel, for the purposes of providing assistance in the construction of school plant facilities shall be governed by this chapter. [2006 c 263 § 320; 1990 c 33 § 465; 1985 c 136 § 2; 1977 ex.s. c 227 § 1. Formerly RCW 28A.47.830.] 28A.525.200 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.525.210 1984 bond issue for construction, modernization of school plant facilities—Intent. It is the intent 28A.525.210 (2008 Ed.) Bond Issues of the legislature to authorize general obligation bonds of the state of Washington for common school plant facilities which provides for the reimbursement of the state treasury for principal and interest payments and which therefore is not subject to the limitations on indebtedness under RCW 39.42.060. [1984 c 266 § 1. Formerly RCW 28A.47.840.] Severability—1984 c 266: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1984 c 266 § 8.] 28A.525.212 1984 bond issue for construction, modernization of school plant facilities—Authorized—Sale. For the purpose of furnishing funds for state assistance to school districts in providing common school plant facilities and modernization of existing common school plant facilities, and to provide for the state administrative cost of such projects, including costs of bond issuance and retirement, salaries and related costs of officials and employees of the state, costs of credit enhancement agreements, and other expenses incidental to the administration of capital projects, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of forty million one hundred seventy thousand dollars, or so much thereof as may be required, to finance these projects and all costs incidental thereto. Bonds authorized in this section may be sold in such manner, at such time or times, in such amounts, and at such price as the state finance committee shall determine. No such bonds may be offered for sale without prior legislative appropriation of the net proceeds of the sale of the bonds. The state finance committee may obtain insurance or letters of credit and may authorize the execution and delivery of agreements, promissory notes, and other obligations for the purpose of insuring the payment or enhancing the marketability of bonds authorized in this section. Promissory notes or other obligations issued pursuant to this section shall not constitute a debt or the contracting of indebtedness under any constitutional or statutory indebtedness limitation if their payment is conditioned upon the failure of the state to pay the principal of or interest on the bonds with respect to which the same relate. [1985 ex.s. c 3 § 1; 1984 c 266 § 2. Formerly RCW 28A.47.841.] 28A.525.212 Severability—1984 c 266: See note following RCW 28A.525.210. 28A.525.214 1984 bond issue for construction, modernization of school plant facilities—Proceeds deposited in common school construction fund—Use. The proceeds from the sale of the bonds authorized in RCW 28A.525.212 shall be deposited in the common school construction fund and shall be used exclusively for the purposes specified in RCW 28A.525.212 and section 887, chapter 57, Laws of 1983 1st ex. sess. and for the payment of expenses incurred in the issuance and sale of the bonds. [1990 c 33 § 466; 1984 c 266 § 3. Formerly RCW 28A.47.842.] 28A.525.214 Severability—1984 c 266: See note following RCW 28A.525.210. 28A.525.216 1984 bond issue for construction, modernization of school plant facilities—Proceeds—Administration. The proceeds from the sale of the bonds deposited under RCW 28A.525.214 in the common school construction 28A.525.216 (2008 Ed.) 28A.525.220 fund shall be administered by the superintendent of public instruction. [2006 c 263 § 321; 1990 c 33 § 467; 1984 c 266 § 4. Formerly RCW 28A.47.843.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Severability—1984 c 266: See note following RCW 28A.525.210. 28A.525.218 28A.525.218 1984 bond issue for construction, modernization of school plant facilities—State general obligation bond fund utilized for payment of principal and interest—Committee’s and treasurer’s duties—Form and condition of bonds. The state general obligation bond retirement fund shall be used for the payment of the principal o f a n d i n t e r e s t o n t h e b o n d s au t h o r i z e d i n R C W 28A.525.212. The state finance committee may provide that a special account be created in such fund to facilitate payment of such principal and interest. The state finance committee shall, on or before June 30th of each year, certify to the state treasurer the amount required for principal and interest on such bonds in accordance with the provisions of the bond proceedings. The state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the general obligation bond retirement fund, or a special account in such fund, such amounts and at such times as are required by the bond proceedings. On each date on which any interest or principal and interest is due, the state treasurer shall cause an identical amount to be transferred to the general fund of the state treasury from that portion of the common school construction fund derived from the interest on the permanent common school fund. The transfers from the common school construction fund shall be subject to all pledges, liens, and encumbrances heretofore granted or created on the portion of the fund derived from interest on the permanent common school fund. Any deficiency in such transfer shall be made up as soon as moneys are available for transfer and shall constitute a continuing obligation of that portion of the common school construction fund derived from the interest on the permanent common school fund until all deficiencies are fully paid. Bonds issued under RCW 28A.525.212 shall state that they are a general obligation of the state of Washington, shall pledge the full faith and credit of the state to the payment of the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become due. The owner and holder of each of the bonds or the trustee for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and payment of funds as directed in this section. [1990 c 33 § 468; 1985 ex.s. c 3 § 2; 1984 c 266 § 5. Formerly RCW 28A.47.844.] Severability—1984 c 266: See note following RCW 28A.525.210. 28A.525.220 28A.525.220 1984 bond issue for construction, modernization of school plant facilities—Legislature may provide additional means for payment. The legislature may provide additional means for raising moneys for the payment of the principal of and interest on the bonds authorized in RCW 28A.525.212 and 28A.525.218 shall not be deemed to [Title 28A RCW—page 219] 28A.525.222 Title 28A RCW: Common School Provisions provide an exclusive method for the payment. [1990 c 33 § 469; 1984 c 266 § 6. Formerly RCW 28A.47.845.] Severability—1984 c 266: See note following RCW 28A.525.210. 28A.525.222 1984 bond issue for construction, modernization of school plant facilities—Bonds as legal investment for public funds. The bonds authorized in RCW 28A.525.212 shall be a legal investment for all state funds or funds under state control and for all funds of any other public body. [1990 c 33 § 470; 1984 c 266 § 7. Formerly RCW 28A.47.846.] 28A.525.222 Severability—1984 c 266: See note following RCW 28A.525.210. 28A.525.230 Bonds authorized—Amount—As compensation for sale of timber—Sale, conditions. For the purpose of furnishing funds for state assistance to school districts in providing for the construction of common school plant facilities, the state finance committee is hereby authorized to issue general obligation bonds of the state of Washington in the sum of twenty-two million seven hundred thousand dollars or so much thereof as may be required to provide state assistance to local school districts for the construction of common school plant facilities and to compensate the common school construction fund for the sale of timber from common school, indemnity, and escheat trust lands sold to the parks and recreation commission prior to March 13, 1980, pursuant to RCW *43.51.270 and **43.51.280. The amount of bonds issued under RCW 28A.525.230 through 28A.525.300 shall not exceed the fair market value of the timber. No bonds authorized by RCW 28A.525.230 through 28A.525.300 shall be offered for sale without prior legislative appropriation and these bonds shall be paid and discharged in not more than thirty years of the date of issuance. [1990 c 33 § 471; 1985 ex.s. c 4 § 12; 1980 c 141 § 1. Formerly RCW 28A.47B.010.] 28A.525.230 Reviser’s note: *(1) RCW 43.51.270 was recodified as RCW 79A.05.210 pursuant to 1999 c 249 § 1601. **(2) RCW 43.51.280 was repealed by 1995 c 211 § 6, effective July 1, 1995. Severability—1985 ex.s. c 4: See RCW 43.99G.900. 28A.525.240 Bond anticipation notes—Authorized— Payment. When the state finance committee has determined to issue the general obligation bonds or a portion thereof as authorized in RCW 28A.525.230 it may, pending the issuance thereof, issue in the name of the state temporary notes in anticipation of the issuance of the bonds, which notes shall be designated as "bond anticipation notes." Such portion of the proceeds of the sale of bonds as may be required for the payment of the principal of and redemption premium, if any, and interest on the notes shall be applied thereto when the bonds are issued. [1990 c 33 § 472; 1980 c 141 § 2. Formerly RCW 28A.47B.020.] Each bond and bond anticipation note shall pledge the full faith and credit of the state of Washington and shall contain an unconditional promise to pay the principal thereof and interest thereon when due. [1980 c 141 § 3. Formerly RCW 28A.47B.030.] 28A.525.260 Disposition of proceeds from sale of bonds and notes—Use. Except for that portion of the proceeds required to pay bond anticipation notes, the proceeds from the sale of the bonds and bond anticipation notes authorized by RCW 28A.525.230 through 28A.525.300, and any interest earned on the proceeds, together with all grants, donations, transferred funds, and all other moneys which the state finance committee may direct the state treasurer to deposit therein, shall be deposited in the common school construction fund and shall be used exclusively for the purposes of carrying out RCW 28A.525.230 through 28A.525.300, and for payment of the expense incurred in the printing, issuance and sale of the bonds. [1990 c 33 § 473; 1980 c 141 § 4. Formerly RCW 28A.47B.040.] 28A.525.260 28A.525.270 State general obligation bond retirement fund utilized for payment of bond principal and interest—Procedure. The state general obligation bond retirement fund shall be used for the payment of the principal o f a n d i n t er es t o n t h e b o n d s a u t h o r iz e d b y R C W 28A.525.230 through 28A.525.300. The state finance committee, on or before June 30th of each year, shall certify to the state treasurer the amounts required in the next succeeding twelve months for the payment of the principal of and the interest coming due on the bonds and the dates on which the payments are due. The state treasurer, not less than thirty days prior to the date on which any interest or principal and interest payment is due, shall withdraw from any general state revenues or any other funds constitutionally available and received in the state treasury and deposit in the state general obligation bond retirement fund an amount equal to the amount certified by the state finance committee to be due on the payment date. [1990 c 33 § 474; 1980 c 141 § 5. Formerly RCW 28A.47B.050.] 28A.525.270 28A.525.240 28A.525.250 Form, terms, conditions, sale and covenants of bonds and notes. The state finance committee is authorized to prescribe the form, terms, conditions, and covenants of the bonds and the bond anticipation notes authorized by this chapter, the time or times of sale of all or any portion of them, and the conditions and manner of their sale and issuance. 28A.525.250 [Title 28A RCW—page 220] 28A.525.280 Bonds as legal investment for public funds. The bonds authorized by RCW 28A.525.230 through 28A.525.300 shall constitute a legal investment for all state funds or for funds under state control and all funds of municipal corporations. [1990 c 33 § 475; 1980 c 141 § 6. Formerly RCW 28A.47B.060.] 28A.525.280 28A.525.290 Chapter provisions as limited by other statutes, covenants and proceedings. No provisions of RCW 28A.525.230 through 28A.525.300 shall be deemed to rep e al, ov e rr ide, o r lim it an y p ro visio n o f * RCW 28A.525.120 through 28A.525.182, nor any provision or covenant of the proceedings of the state finance committee acting for and on behalf of the state of Washington heretofore or hereafter taken in the issuance of its revenue or general obligation bonds secured by a pledge of the interest earnings of the permanent common school fund under these statutes. [1990 c 33 § 476; 1980 c 141 § 7. Formerly RCW 28A.47B.070.] 28A.525.290 (2008 Ed.) School Facilities—2008 Bond Issue *Reviser’s note: RCW 28A.525.120 through 28A.525.160 and 28A.525.182 were decodified pursuant to 2006 c 263 § 335. 28A.525.300 Proceeds from sale of bonds as compensation for sale of timber from trust lands. The proceeds received from the sale of the bonds issued under RCW 28A.525.230 through 28A.525.300 which are deposited in the common school construction fund and available for common school construction purposes shall serve as total compensation to the common school construction fund for the proceeds from the sale of timber from trust lands sold prior to March 13, 1980, to the state parks and recreation commission pursuant to RCW *43.51.270 and **43.51.280 which are required to be deposited in the common school construction fund. The superintendent of public instruction and the state board of education shall expend by June 30, 1981, the proceeds received from the bonds issued under RCW 28A.525.230 through 28A.525.300. [1990 c 33 § 477; 1980 c 141 § 8. Formerly RCW 28A.47B.080.] 28A.525.300 Reviser’s note: *(1) RCW 43.51.270 was recodified as RCW 79A.05.210 pursuant to 1999 c 249 § 1601. **(2) RCW 43.51.280 was repealed by 1995 c 211 § 6, effective July 1, 1995. 28A.525.310 Proceeds from voter-approved bonds, voter-approved levies, and other funding—Use for installment purchase contracts and leases with options to purchase. The board of directors of any school district may use the proceeds of voter-approved bonds, voter-approved levies, state allocations for financial assistance, or other funds available to the district for: (1) Payment of an installment purchase contract for school plant facilities; or (2) payments under any financing lease the term of which is ten years or longer and that contains an option by the school district to purchase the leased property for nominal consideration. The authority granted by this section for the use of moneys from such sources is in addition to, and not in limitation of, any other authority provided by law, and the proceeds of voter-approved bonds or tax levies may be used for such payments to the full extent allowed by Article VII, section 2 of the state Constitution. [1999 c 386 § 2.] 28A.525.310 Chapter 28A.527 RCW SCHOOL FACILITIES—2008 BOND ISSUE Chapter 28A.527 Sections 28A.527.005 28A.527.010 28A.527.020 28A.527.030 28A.527.040 28A.527.050 28A.527.060 28A.527.070 28A.527.080 28A.527.090 28A.527.900 28A.527.901 28A.527.902 Findings—Intent—2008 c 179. School construction assistance grants—Capital improvements—Bond issue. Bond proceeds—Use. Proceeds from sale of bonds—Deposit—Use. Payment of principal and interest from nondebt-limit reimbursable bond account. Pledge and promise—Remedies. Bonds legal investment for public funds. Payment of principal and interest—Additional means for raising money authorized. Chapter supplemental. School construction and skill centers building account. Part headings not law—2008 c 179. Severability—2008 c 179. Effective date—2008 c 179. 28A.527.020 are a vital component of the future economic prosperity of our state and provide students with access to high-quality academic and technical skills instruction. Skill centers challenge, motivate, and provide opportunities for students to achieve in basic skills, critical thinking, leadership, and work skills through hands-on education, applied academics, and technology training using a cost-effective delivery model. The legislature further finds that barriers to access exist for students in rural and high-density areas, but the development of satellite and branch campus programs will provide the needed access. The legislature further finds that existing and proposed new skill centers will require facilities and equipment that simulate business and industry. Therefore, it is the intent of the legislature to provide a new source of funding for the critical capital needs of the state’s skill centers to enhance access to career and technical education opportunities and to improve the condition of existing facilities. Enhanced capital funding will provide skill centers the ability to fulfill their critical role in maintaining and stimulating the state’s economy and expanding quality academic and career and technical education opportunities to more students, especially students who lack access to these programs to date. In the interest of funding equity and ensuring a commitment to the new development, major renovation, or expansion of skill centers, all school district partners must contribute to the acquisition or major capital costs of skill center projects supported by this act to the greatest extent feasible. [2008 c 179 § 201.] 28A.527.010 28A.527.010 School construction assistance grants— Capital improvements—Bond issue. For the purpose of providing school construction assistance grants and needed capital improvements consisting of the predesign, design, acquisition, construction, modification, renovation, expansion, equipping, and other improvements of skill centers facilities, including capital improvements to support satellite or branch campus programs for underserved rural areas or high-density areas, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of one hundred million dollars, or as much thereof as may be required, to finance all or a part of these projects and all costs incidental thereto. Bonds authorized in this section may be sold at such price as the state finance committee shall determine. No bonds authorized in this section may be offered for sale without prior legislative appropriation of the net proceeds of the sale of the bonds. If the state finance committee deems it necessary to issue taxable bonds in order to comply with federal internal revenue service rules and regulations pertaining to the use of nontaxable bond proceeds, the proceeds of such taxable bonds shall be transferred to the state taxable building construction account in lieu of any deposits otherwise provided by this section. The state treasurer shall submit written notice to the director of financial management if it is determined that any such transfer to the state taxable building construction account is necessary. [2008 c 179 § 202.] 28A.527.020 28A.527.005 Findings—Intent—2008 c 179. The legislature finds that the state’s public schools and skill centers 28A.527.005 (2008 Ed.) 28A.527.020 Bond proceeds—Use. This chapter is not intended to limit the legislature’s ability to appropriate bond proceeds if the full amount authorized in this chapter has not [Title 28A RCW—page 221] 28A.527.030 Title 28A RCW: Common School Provisions been appropriated after one biennia, and the authorization to issue bonds contained in this chapter does not expire until the full authorization has been appropriated and issued. [2008 c 179 § 203.] 28A.527.0 30 Pro ceeds from sale of bonds— Deposit—Use. (1) The proceeds from the sale of the bonds authorized in RCW 28A.527.010 shall be deposited in the school construction and skill centers building account created in RCW 28A.527.090. (2) The proceeds shall be used exclusively for the purposes stated in RCW 28A.527.010 and for the payment of the expenses incurred in connection with the sale and issuance of the bonds. [2008 c 179 § 204.] authorized in RCW 28A.527.010, and *RCW 28A.527.010 shall not be deemed to provide an exclusive method for the payment. [2008 c 179 § 208.] *Reviser’s note: The reference to RCW 28A.527.010 appears to be erroneous. Reference to RCW 28A.527.040 was apparently intended. 28A.527.030 28A.527.080 Chapter supplemental. This chapter provides a complete, additional, and alternative method for accomplishing the purposes of this chapter and is supplemental and additional to powers conferred by other laws. The issuance of bonds under this chapter shall not be deemed to be the only method to fund projects under this chapter. [2008 c 179 § 209.] 28A.527.080 28A.527.090 School construction and skill centers building account. The school construction and skill centers building account is created in the state treasury. Proceeds from the bonds issued under RCW 28A.527.010 shall be deposited in the account. The account shall be used for purposes stated in RCW 28A.527.010. Moneys in the account may be spent only after appropriation. [2008 c 179 § 210.] 28A.527.090 28A.527.040 Payment of principal and interest from nondebt-limit reimbursable bond account. (1) The nondebt-limit reimbursable bond retirement account must be used for the payment of the principal and interest on the bonds authorized in RCW 28A.527.010. (2)(a) The state finance committee must, on or before June 30th of each year, certify to the state treasurer the amount needed in the ensuing twelve months to meet the bond retirement and interest requirements on the bonds authorized in RCW 28A.527.010. (b) On or before the date on which any interest or principal and interest is due, the state treasurer shall transfer from that portion of the common school construction fund derived from the interest on the permanent common school fund into the nondebt-limit reimbursable bond retirement account the amount computed in (a) of this subsection for bonds issued for the purposes of RCW 28A.527.010. Any deficiency in such transfer shall be made up as soon as moneys are available for transfer and shall constitute a continuing obligation of that portion of the common school construction fund derived from the interest on the permanent common school fund until all deficiencies are fully paid. [2008 c 179 § 205.] 28A.527.040 28A.527.050 Pledge and promise—Remedies. (1) Bonds issued under RCW 28A.527.010 shall state that they are a general obligation of the state of Washington, shall pledge the full faith and credit of the state to the payment of the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become due. (2) The owner and holder of each of the bonds or the trustee for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and payment of funds as directed in this section. [2008 c 179 § 206.] 28A.527.050 28A.527.900 Part headings not law—2008 c 179. Part headings used in this act are not any part of the law. [2008 c 179 § 305.] 28A.527.900 28A.527.901 Severability--2008 c 179. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [2008 c 179 § 306.] 28A.527.901 28A.527.902 Effective date--2008 c 179. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 27, 2008]. [2008 c 179 § 307.] 28A.527.902 Chapter 28A.530 RCW DISTRICT BONDS FOR LAND, BUILDINGS, AND EQUIPMENT Chapter 28A.530 Sections 28A.530.010 28A.530.020 28A.530.030 28A.530.040 28A.530.050 28A.530.060 28A.530.070 28A.530.080 Directors may borrow money, issue bonds. Bond issuance—Election—Resolution to specify purposes. Disposition of bond proceeds—Capital projects fund. Refunding former issues without vote of the people. Holder to notify treasurer—Redemption. Expense of county treasurer. Exchange of warrants for bonds. Additional authority to contract indebtedness. 28A.530.010 Directors may borrow money, issue bonds. The board of directors of any school district may borrow money and issue negotiable bonds therefor for the purpose of: (1) Funding outstanding indebtedness or bonds theretofore issued; or (2) For the purchase of sites for all buildings, playgrounds, physical education and athletic facilities and structures authorized by law or necessary or proper to carry out the functions of a school district; or 28A.530.010 28A.527.060 Bonds legal investment for public funds. The bonds authorized in RCW 28A.527.010 shall be a legal investment for all state funds or funds under state control and for all funds of any other public body. [2008 c 179 § 207.] 28A.527.060 28A.527.070 Payment of principal and interest— Additional means for raising money authorized. The legislature may provide additional means for raising moneys for the payment of the principal of and interest on the bonds 28A.527.070 [Title 28A RCW—page 222] (2008 Ed.) District Bonds for Land, Buildings, and Equipment (3) For erecting all buildings authorized by law, including but not limited to those mentioned in subsection (2) of this section immediately above or necessary or proper to carry out the functions of a school district, and providing the necessary furniture, apparatus, or equipment therefor; or (4) For improving the energy efficiency of school district buildings and/or installing systems and components to utilize renewable and/or inexhaustible energy resources; or (5) For major and minor structural changes and structural additions to buildings, structures, facilities and sites necessary or proper to carrying out the functions of the school district; or (6) For payment of (a) an installment purchase contract for school plant facilities or (b) a financing lease the term of which is ten years or longer and that contains an option by the school district to purchase the leased property for nominal consideration, but only to the extent such payment constitutes a capital expenditure; or (7) For any or all of these and other capital purposes. Neither the amount of money borrowed nor bonds issued therefor shall exceed the limitation of indebtedness prescribed by chapter 39.36 RCW, as now or hereafter amended. Except for bonds issued under RCW 28A.530.080, bonds may be issued only when authorized by the vote of the qualified electors of the district as provided by law. The bonds shall be issued and sold in accordance with chapter 39.46 RCW. [1999 c 386 § 3; 1991 c 114 § 3; 1984 c 186 § 10; 1983 c 167 § 21; 1980 c 170 § 1; 1970 ex.s. c 42 § 7; 1969 c 142 § 2; 1969 ex.s. c 223 § 28A.51.010. Prior: 1953 c 163 § 1; 1927 c 99 § 1; 1921 c 147 § 1; 1919 c 90 § 12; 1909 c 97 p 324 § 1; RRS § 4941; prior: 1907 c 240 § 7 1/2; 1907 c 101 § 1; 1903 c 153 § 1; 1897 c 118 § 117; 1890 p 45 § 1. Formerly RCW 28A.51.010, 28.51.010, 28.51.050, part.] Purpose—1984 c 186: See note following RCW 39.46.110. Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Severability—Effective date—1970 ex.s. c 42: See notes following RCW 39.36.015. Validation—1969 c 142: See RCW 39.36.900. School funds enumerated—Deposits—Uses—Energy audits: RCW 28A.320.330. 28A.530.020 Bond issuance—Election—Resolution to specify purposes. (1) The question whether the bonds shall be issued, as provided in RCW 28A.530.010, shall be determined at an election to be held pursuant to RCW 39.36.050. If a majority of the votes cast at such election favor the issuance of such bonds, the board of directors must issue such bonds: PROVIDED, That if the amount of bonds to be issued, together with any outstanding indebtedness of the district that only needs a simple majority voter approval, exceeds three-eighths of one percent of the value of the taxable property in said district, as the term "value of the taxable property" is defined in RCW 39.36.015, then three-fifths of the votes cast at such election must be in favor of the issuance of such bonds, before the board of directors is authorized to issue said bonds. (2) The resolution adopted by the board of directors calling the election in subsection (1) of this section shall specify the purposes of the debt financing measure, including the specific buildings to be constructed or remodeled and any 28A.530.020 (2008 Ed.) 28A.530.040 additional specific purposes as authorized by RCW 28A.530.010. If the debt financing measure anticipates the receipt of state financing assistance under chapter 28A.525 RCW, the board resolution also shall describe the specific anticipated purpose of the state assistance. If the school board subsequently determines that state or local circumstances should cause any alteration to the specific expenditures from the debt financing or of the state assistance, the board shall first conduct a public hearing to consider those circumstances and to receive public testimony. If the board then determines that any such alterations are in the best interests of the district, it may adopt a new resolution or amend the original resolution at a public meeting held subsequent to the meeting at which public testimony was received. [1996 c 48 § 1; 1990 c 33 § 478; 1984 c 186 § 11; 1970 ex.s. c 42 § 9; 1969 ex.s. c 223 § 28A.51.020. Prior: 1909 c 97 p 324 § 2; RRS § 4942; prior: 1897 c 118 § 118; 1890 p 46 § 2. Formerly RCW 28A.51.020, 28.51.020, 28.51.050, part.] Purpose—1984 c 186: See note following RCW 39.46.110. Severability—Effective date—1970 ex.s. c 42: See notes following RCW 39.36.015. 28A.530.030 Disposition of bond proceeds—Capital projects fund. When the bonds have been sold, the county treasurer shall place the money derived from such sale to the credit of the capital projects fund of the district, and such fund is hereby created. [1984 c 186 § 12; 1983 c 167 § 24; 1979 ex.s. c 257 § 1; 1969 ex.s. c 223 § 28A.51.070. Prior: 1911 c 88 § 1; 1909 c 97 p 326 § 4; RRS § 4944; prior: 1907 c 240 § 9; 1905 c 142 § 7; 1897 c 118 § 120; 1890 p 47 § 4. Formerly RCW 28A.51.070, 28.51.070, 28.51.080, 28.51.090, 28.51.100, and 28.51.110.] 28A.530.030 Purpose—1984 c 186: See note following RCW 39.46.110. Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Severability—1979 ex.s. c 257: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 257 § 3.] 28A.530.040 Refunding former issues without vote of the people. Whenever any bonds lawfully issued by any school district under the provisions of this chapter shall reach maturity and shall remain unpaid, or may be paid under any option provided in the bonds, the board of directors thereof shall have the power without any vote of the school district to fund the same by issuing bonds conformable to the requirements of this chapter and use the proceeds exclusively for the purpose of retiring and canceling such outstanding bonds as aforesaid, or the said directors in their discretion may exchange such refunding bonds par for par for such outstanding bonds. [1984 c 186 § 13; 1983 c 167 § 25; 1969 ex.s. c 223 § 28A.51.180. Prior: 1969 ex.s. c 232 § 66; 1945 c 32 § 1; 1909 c 97 p 329 § 12; Rem. Supp. 1945 § 4952; prior: 1897 c 118 § 124, part; 1890 p 48 § 8, part. Formerly RCW 28A.51.180, 28.51.180.] 28A.530.040 Purpose—1984 c 186: See note following RCW 39.46.110. Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020. [Title 28A RCW—page 223] 28A.530.050 Title 28A RCW: Common School Provisions 28A.530.050 Holder to notify treasurer—Redemption. Every holder of any of the bonds so issued as a bearer bond as provided in this chapter, within ten days after the owner becomes the owner or holder thereof, shall notify the county treasurer of the county in which such bonds are issued of his or her ownership, together with his or her full name and post office address, and the county treasurer of said county shall deposit in the post office, properly stamped and addressed to each owner of any such bonds subject to redemption or payment, a notice in like form, stating the time and place of the redemption of such bonds and the number of the bonds to be redeemed, and in case any owners of bonds shall fail to notify the treasurer of their ownership as aforesaid, then a notice mailed to the last holder of such bonds shall be deemed sufficient, and any and all such notices so mailed as aforesaid shall be deemed to be personal notice to the holders of such bonds, and at the expiration of the time therein named shall have the force to suspend the interest upon any such bonds. [1990 c 33 § 479; 1983 c 167 § 26; 1969 ex.s. c 223 § 28A.51.190. Prior: 1909 c 97 p 330 § 13; RRS § 4953; prior: 1897 c 118 § 125; 1890 p 49 § 9. Formerly RCW 28A.51.190, 28.51.190.] 28A.530.050 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 28A.530.060 Expense of county treasurer. At any time after the issuance of such bonds as in this chapter provided, and in the discharge of the duties imposed upon said county treasurer, should any incidental expense, costs or charges arise, the said county treasurer shall present his or her claim for the same to the board of directors of the school district issuing such bonds, and the same shall be audited and paid in the same manner as other services are paid under the provisions of law. [1990 c 33 § 480; 1969 ex.s. c 223 § 28A.51.200. Prior: 1909 c 97 p 330 § 14; RRS § 4954; prior: 1897 c 118 § 126; 1890 p 50 § 10. Formerly RCW 28A.51.200, 28.51.200.] 28A.530.060 28A.530.070 Exchange of warrants for bonds. If bonds issued under this chapter are not sold as in this chapter provided, the owners of unpaid warrants drawn on the county treasurer by such district for an indebtedness existing at the date of the election may exchange said warrants at the face value thereof and accrued interest thereon for bonds issued under this chapter, at not less than par value and accrued interest of such bonds at the time of the exchange; such exchange to be made under such regulations as may be provided by the board of directors of such district. [1983 c 167 § 27; 1969 ex.s. c 223 § 28A.51.220. Prior: 1909 c 97 p 327 § 5; RRS § 4945. Formerly RCW 28A.51.220, 28.51.220.] 28A.530.070 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 28A.530.080 Additional authority to contract indebtedness. In addition to the authority granted under RCW 28A.530.010, a school district may contract indebtedness for any purpose specified in RCW 28A.530.010 (2), (4), and (5) or for the purpose of purchasing any real or personal property, or property rights, in connection with the exercise of any powers or duties which it is now or hereafter authorized to exercise, and issue bonds, notes, or other evidences of indebt28A.530.080 [Title 28A RCW—page 224] edness therefor without a vote of the qualified electors of the district, subject to the limitations on indebtedness set forth in RCW 39.36.020(3). Such bonds, notes, or other evidences of indebtedness shall be issued and sold in accordance with chapter 39.46 RCW, and the proceeds thereof shall be deposited in the capital projects fund, the transportation vehicle fund, or the general fund, as applicable. [1999 c 314 § 2; 1991 c 114 § 1.] Findings—Intent—1999 c 314: "The legislature finds that current law authorizes school districts to use nonvoter-approved debt to acquire real or personal property but not to construct or repair school district property. It is the intent of the legislature to authorize school districts to use nonvoterapproved debt, within existing debt limits, to finance the acquisition, remodel, and repair of school facilities." [1999 c 314 § 1.] Chapter 28A.535 Chapter 28A.535 RCW VALIDATING INDEBTEDNESS Sections 28A.535.010 28A.535.020 28A.535.030 28A.535.040 28A.535.050 28A.535.060 28A.535.070 Authority to validate indebtedness. Resolution providing for election—Vote required to validate. Notice of election. Manner and result of election. Authority to borrow, issue bonds. Exchange of warrants for bonds. Notice to county treasurer of authority to issue bonds— Annual levy for payment of interest and principal on bonds—Penalty against officer for expenditures in excess of revenues. 28A.535.080 Validating indebtedness proceedings after merger. 28A.535.010 Authority to validate indebtedness. Any school district may validate and ratify the indebtedness of such school district, incurred for strictly school purposes, when the same together with all then outstanding legal indebtedness does not exceed that amount permitted for school districts in RCW 39.36.020 (1) and (3). The value of taxable property in such school district shall be ascertained as provided in Article eight, section six, Amendment 27, of the Constitution of the state of Washington. [1969 ex.s. c 223 § 28A.52.010. Prior: 1909 c 97 p 331 § 1; RRS § 4956; prior: 1897 c 118 § 128; 1895 c 21 § 1. Formerly RCW 28A.52.010, 28.52.010.] 28A.535.010 Reviser’s note: The above reference to RCW 39.36.020 (1) and (3) was apparently based upon the 1967 version of that section [1967 c 107 § 4]; the contents and organization of that section have been altered by subsequent amendments. 28A.535.020 Resolution providing for election—Vote required to validate. Whenever the board of directors of any school district shall deem it advisable to validate and ratify the indebtedness mentioned in RCW 28A.535.010, they shall provide therefor by resolution, which shall be entered on the records of such school district, which resolution shall provide for the holding of an election for the purpose of submitting the question of validating and ratifying the indebtedness so incurred to the voters of such school district for approval or disapproval, and if at such election three-fifths of the voters in such school district voting at such election shall vote in favor of the validation and ratification of such indebtedness, then such indebtedness so validated and ratified and every part thereof existing at the time of the adoption of said resolution shall thereby become and is hereby declared to be validated and ratified and a binding obligation upon such 28A.535.020 (2008 Ed.) Validating Indebtedness school district. [1996 c 48 § 2; 1995 c 111 § 1; 1990 c 33 § 481; 1969 ex.s. c 223 § 28A.52.020. Prior: 1909 c 97 p 331 § 2; RRS § 4957; prior: 1897 c 118 § 129; 1895 c 21 § 2. Formerly RCW 28A.52.020, 28.52.020.] 28A.535.080 Severability—1975 c 43: "If any provision of this amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975 c 43 § 38.] 28A.535.060 Exchange of warrants for bonds. If bonds issued under this chapter are not sold as herein provided, the owners of unpaid warrants drawn on the county treasurer by such district for an indebtedness existing at the time of the adoption of the resolution mentioned in RCW 28A.535.020, may exchange said warrants at the face value thereof and accrued interest thereon for bonds issued under this chapter, at not less than par value and accrued interest of such bonds at the time of the exchange; such exchange to be made under such regulations as may be provided by the board of directors of such district. [1990 c 33 § 483; 1983 c 167 § 30; 1969 ex.s. c 223 § 28A.52.060. Prior: 1909 c 97 p 334 § 7; RRS § 4962; prior: 1897 c 118 § 134; 1895 c 21 § 7. Formerly RCW 28A.52.060, 28.52.060.] 28A.535.060 28A.535.030 Notice of election. At the time of the adoption of the resolution provided for in RCW 28A.535.020, the board of directors shall direct the school district superintendent to give notice to the county auditor of the suggested time and purpose of such election, and specifying the amount and general character of the indebtedness proposed to be ratified. Such superintendent shall also cause written or printed notices to be posted in at least five places in such school district at least twenty days before such election. In addition to his or her other duties relating thereto, the county auditor shall give notice of such election as provided for in *RCW 29.27.080. [1990 c 33 § 482; 1969 ex.s. c 223 § 28A.52.030. Prior: 1909 c 97 p 332 § 3; RRS § 4958; prior: 1897 c 118 § 131; 1895 c 21 § 4. Formerly RCW 28A.52.030, 28.52.030.] 28A.535.030 *Reviser’s note: RCW 29.27.080 was recodified as RCW 29A.52.350 pursuant to 2003 c 111 § 2401, effective July 1, 2004. RCW 29A.52.350 was subsequently repealed by 2004 c 271 § 193. Later enactment of RCW 29A.52.350, see RCW 29A.52.351. 28A.535.040 Manner and result of election. Elections hereunder shall be by ballot, and conducted in the manner provided for conducting annual school elections. The ballot must contain the words, "Validating and ratifying indebtedness, yes," or the words, "Validating and ratifying indebtedness, no." Ballots containing the words, "Validating and ratifying indebtedness, yes," shall be counted in favor of validating and ratifying such indebtedness, and ballots containing the words, "Validating and ratifying indebtedness, no," shall be counted against validating and ratifying such indebtedness. At their next meeting following ascertainment of the result of the election from the county auditor, the board of directors of any such district holding such an election shall cause to be entered a minute thereof on the records of such district. The qualifications of voters at such election shall be the same as prescribed for the election of school officials. [1969 ex.s. c 223 § 28A.52.040. Prior: 1909 c 97 p 332 § 4; RRS § 4959; prior: 1897 c 118 § 130; 1895 c 21 § 3. Formerly RCW 28A.52.040, 28.52.040.] 28A.535.040 Conduct of elections, canvass: RCW 29A.60.010. 28A.535.050 Authority to borrow, issue bonds. If the indebtedness of such school district is validated and ratified, as provided in this chapter, by three-fifths of the voters voting at such election, the board of directors of such school district, without any further vote, may borrow money and issue and sell negotiable bonds therefor in accordance with chapter 39.46 RCW. [1984 c 186 § 14; 1983 c 167 § 28; 1975 c 43 § 2; 1969 ex.s. c 223 § 28A.52.050. Prior: 1909 c 97 p 333 § 5; RRS § 4960; prior: 1897 c 118 § 132; 1895 c 21 § 5. Formerly RCW 28A.52.050, 28.52.050.] 28A.535.050 Purpose—1984 c 186: See note following RCW 39.46.110. Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Effective date—1975 c 43: "The effective date of this amendatory act shall be July 1, 1975." [1975 c 43 § 37.] (2008 Ed.) Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 28A.535.070 Notice to county treasurer of authority to issue bonds—Annual levy for payment of interest and principal on bonds—Penalty against officer for expenditures in excess of revenues. When authorized to issue bonds, as provided in this chapter the board of directors shall immediately cause to be sent to the appropriate county treasurer, notice thereof. The county officials charged by law with the duty of levying taxes for the payment of said bonds and interest shall do so as provided in RCW 39.46.110. The annual expense of such district shall not thereafter exceed the annual revenue thereof, and any officer of such district who shall knowingly aid in increasing the annual expenditure in excess of the annual revenue of such district, in addition to any other penalties, whether civil or criminal, as provided by law, shall be deemed to be guilty of a misdemeanor, and shall be punished by a fine not exceeding five hundred dollars. [1985 c 7 § 90; 1969 ex.s. c 223 § 28A.52.070. Prior: 1909 c 97 p 335 § 8; RRS § 4963; prior: 1897 c 118 § 135; 1895 c 21 § 8. Formerly RCW 28A.52.070, 28.52.070.] 28A.535.070 28A.535.080 Validating indebtedness proceedings after merger. In case any school district has heretofore incurred, or shall hereafter incur, indebtedness for strictly school purposes and has heretofore, or shall hereafter, become merged with another district as provided in *RCW 28A.315.010 through 28A.315.680 and 28A.315.900, the directors of the last named district may, after such merger, cause to be submitted to the voters within the limits of the district which incurred the obligations, the question of validating and ratifying such indebtedness. The vote shall be taken and the question determined in the manner prescribed in RCW 28A.535.020, 28A.535.030, and 28A.535.040. The directors of the district to which the district incurring the obligations was merged shall make provisions for payment of the indebtedness so validated by certifying the amount thereof in the manner prescribed in RCW 28A.535.070: PROVIDED, Such enlarged district may pay a part, or all, of such validating indebtedness from any funds available or by issuing 28A.535.080 [Title 28A RCW—page 225] Chapter 28A.540 Title 28A RCW: Common School Provisions bonds therefor when such enlarged district has taken over property of any district and in making such adjustment and apportionment as provided in *RCW 28A.315.010 through 28A.315.680 and 28A.315.900, the value of the property received shall be found to exceed the total indebtedness of the district annexed to the extent of such value over the total indebtedness of the district annexed. [1990 c 33 § 484; 1969 ex.s. c 223 § 28A.52.080. Prior: 1913 c 136 § 1; RRS § 4964. Formerly RCW 28A.52.080, 28.52.080.] *Reviser’s note: RCW 28A.315.010 through 28A.315.680 and 28A.315.900 were repealed or recodified by 1999 c 315. Chapter 28A.540 Chapter 28A.540 RCW CAPITAL FUND AID BY NONHIGH SCHOOL DISTRICTS committee shall prepare a plan for participation by any nonhigh school district or districts in providing capital funds to pay the costs of such school facilities and equipment to be provided for the education of students residing in the school districts. Prior to submission of the aforesaid request the board of directors of the school district concerned therewith shall determine the nature and extent of the high school facilities proposed to be provided, the approximate amount of local capital funds required to pay the cost thereof, and the site or sites upon which the proposed facilities are to be located, and shall submit a report thereon to the regional committee along with the aforesaid request. [1985 c 385 § 32; 1969 ex.s. c 223 § 28A.56.010. Prior: 1959 c 262 § 1; 1955 c 344 § 1; 1953 c 229 § 1. Formerly RCW 28A.56.010, 28.56.010.] Severability—1985 c 385: See note following RCW 28A.315.025. Sections 28A.540.010 High school facilities defined. 28A.540.020 Plan for nonhigh district to provide capital funds in aid of high school district. 28A.540.030 Factors to be considered in preparation of plan. 28A.540.040 Public hearing—Notice. 28A.540.050 Review by superintendent of public instruction— Approval—Revised plan. 28A.540.060 Bond, excess levy, elections—Use of proceeds. 28A.540.070 Rejection by voters of nonhigh districts—Additional elections—Revised plan—Annexation proposal. 28A.540.080 Failure of nonhigh districts to submit proposal to vote within time limits—Annexation procedure. 28A.540.090 Nonhigh districts, time of levy and issuance of bonds. 28A.540.100 Validation of proceedings under 1955 act, when. 28A.540.110 Designation of high school district nonhigh district students shall attend—Effect when attendance otherwise. 28A.540.010 High school facilities defined. High school facilities shall mean buildings for occupancy by grades nine through twelve and equipment and furniture for such buildings and shall include major alteration or major remodeling of buildings and the acquisition of new sites and of additions to existing sites, and improvement of sites but only when included as a part of a general plan for the construction, equipping and furnishing of a building or of an alteration or addition to a building. The term shall also (1) include that portion of any building, alteration, equipment, furniture, site and improvement of site allocated to grade nine when included in a plan for facilities to be occupied by grades seven through nine and (2) includes such facilities for grades seven and eight when included in a plan as aforesaid, if the regional committee on school district organization finds that students of these grades who reside in any nonhigh school districts involved are now attending school in the high school district involved under an arrangement which likely will be continued. [1985 c 385 § 31; 1969 ex.s. c 223 § 28A.56.005. Prior: 1959 c 262 § 2. Formerly RCW 28A.56.005, 28.56.005.] 28A.540.010 Severability—1985 c 385: See note following RCW 28A.315.025. 28A.540.020 Plan for nonhigh district to provide capital funds in aid of high school district. Upon receipt of a written request from the board of directors of a high school district or a nonhigh school district that presents to the regional committee on school district organization satisfactory evidence of a need for high school facilities to be located therein and of ability to provide such facilities, the regional 28A.540.020 [Title 28A RCW—page 226] 28A.540.030 Factors to be considered in preparation of plan. The regional committee on school district organization shall give consideration to: (1) The report submitted by the board of directors as stated above; (2) The exclusion from the plan of nonhigh school districts because of remoteness or isolation or because they are so situated with respect to location, present and/or clearly foreseeable future population, and other pertinent factors as to warrant the establishment of a high school therein within a period of two years or the inclusion of their territory in some other nonhigh school district within which the establishment of a high school within a period of two years is warranted; (3) The assessed valuation of the school districts involved; (4) The cash balance, if any, in the capital projects fund of the district submitting the request which is designated for high school building construction purposes, together with the sources of such balance; and (5) Any other factors found by the committee to have a bearing on the preparation of an equitable plan. [1985 c 385 § 33; 1985 c 7 § 91; 1969 ex.s. c 223 § 28A.56.020. Prior: 1959 c 262 § 3; 1955 c 344 § 2; 1953 c 229 § 2. Formerly RCW 28A.56.020, 28.56.020.] 28A.540.030 Severability—1985 c 385: See note following RCW 28A.315.025. 28A.540.040 Public hearing—Notice. The regional committee on school district organization shall also hold a public hearing or hearings on any proposed plan: PROVIDED, That three members of the committee or two members of the committee and the educational service district superintendent, or his or her designee, may be designated by the committee to hold such public hearing or hearings and to submit a report thereof to the regional committee. The regional committee shall cause to be posted, at least ten days prior to the date appointed for any such hearing, a written or printed notice thereof in at least three prominent and public places in the school districts involved and at the place of hearing. [1985 c 385 § 34; 1975 1st ex.s. c 275 § 74; 1971 c 48 § 21; 1969 ex.s. c 223 § 28A.56.030. Prior: 1959 c 262 § 4; 1955 c 344 § 3; 1953 c 229 § 3. Formerly RCW 28A.56.030, 28.56.030.] 28A.540.040 Severability—1985 c 385: See note following RCW 28A.315.025. (2008 Ed.) Capital Fund Aid by Nonhigh School Districts Severability—1971 c 48: See note following RCW 28A.310.250. 28A.540.050 Review by superintendent of public instruction—Approval—Revised plan. Subsequent to the holding of a hearing or hearings as provided in RCW 28A.540.040, the regional committee on school district organization shall determine the nonhigh school districts to be included in the plan and the amount of capital funds to be provided by every school district included therein, and shall submit the proposed plan to the superintendent of public instruction together with such maps and other materials pertaining thereto as the superintendent may require. The superintendent, considering policy recommendations from the school facilities citizen advisory panel under RCW 28A.525.025, shall review such plan, shall approve any plan which in his or her judgment makes adequate and satisfactory provision for participation by the nonhigh school districts in providing capital funds to be used for the purpose above stated, and shall notify the regional committee of such action. Upon receipt by the regional committee of such notification, the educational service district superintendent, or his or her designee, shall notify the board of directors of each school district included in the plan, supplying each board with complete details of the plan and shall state the total amount of funds to be provided and the amount to be provided by each district. If any such plan submitted by a regional committee is not approved by the superintendent of public instruction, the regional committee shall be so notified, which notification shall contain a statement of reasons therefor and suggestions for revision. Within sixty days thereafter the regional committee shall submit to the superintendent a revised plan which revision shall be subject to approval or disapproval by the superintendent, considering policy recommendations from the school facilities citizen advisory panel, and the procedural requirements and provisions of law applicable to an original plan submitted to the superintendent. [2006 c 263 § 324; 1990 c 33 § 485; 1985 c 385 § 35; 1975 1st ex.s. c 275 § 75; 1971 c 48 § 22; 1969 ex.s. c 223 § 28A.56.040. Prior: 1959 c 262 § 5; 1955 c 344 § 4; 1953 c 229 § 4. Formerly RCW 28A.56.040, 28.56.040.] 28A.540.090 344 § 5; 1953 c 229 § 5. Formerly RCW 28A.56.050, 28.56.050.] 28A.540.050 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Severability—1985 c 385: See note following RCW 28A.315.025. Severability—1971 c 48: See note following RCW 28A.310.250. Severability—1971 c 48: See note following RCW 28A.310.250. 28A.540.070 Rejection by voters of nonhigh districts—Additional elections—Revised plan—Annexation proposal. In the event that a proposal or proposals for providing capital funds as provided in RCW 28A.540.060 is not approved by the voters of a nonhigh school district a second election thereon shall be held within sixty days thereafter. If the vote of the electors of the nonhigh school district is again in the negative, the high school students residing therein shall not be entitled to admission to the high school under the provisions of RCW 28A.225.210, following the close of the school year during which the second election is held: PROVIDED, That in any such case the regional committee on school district organization shall determine within thirty days after the date of the aforesaid election the advisability of initiating a proposal for annexation of such nonhigh school district to the school district in which the proposed facilities are to be located or to some other district where its students can attend high school without undue inconvenience: PROVIDED FURTHER, That pending such determination by the regional committee and action thereon as required by law the board of directors of the high school district shall continue to admit high school students residing in the nonhigh school district. Any proposal for annexation of a nonhigh school district initiated by a regional committee shall be subject to the procedural requirements of this chapter respecting a public hearing and submission to and approval by the superintendent of public instruction, considering policy recommendations from the school facilities citizen advisory panel under RCW 28A.525.025. Upon approval by the superintendent of public instruction of any such proposal, the educational service district superintendent shall make an order, establishing the annexation. [2006 c 263 § 329; 1990 c 33 § 486; 1985 c 385 § 36; 1975 1st ex.s. c 275 § 77; 1971 c 48 § 24; 1969 ex.s. c 223 § 28A.56.060. Prior: 1959 c 262 § 7; 1955 c 344 § 6; 1953 c 229 § 6. Formerly RCW 28A.56.060, 28.56.060.] 28A.540.070 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Severability—1985 c 385: See note following RCW 28A.315.025. Severability—1971 c 48: See note following RCW 28A.310.250. 28A.540.080 Failure of nonhigh districts to submit proposal to vote within time limits—Annexation procedure. In case of failure or refusal by a board of directors of a nonhigh school district to submit a proposal or proposals to a vote of the electors within the time limit specified in RCW 28A.540.060 and 28A.540.070, the regional committee on school district reorganization may initiate a proposal for annexation of such nonhigh school district as provided for in RCW 28A.540.070. [1990 c 33 § 487; 1985 c 385 § 37; 1969 ex.s. c 223 § 28A.56.070. Prior: 1959 c 262 § 8; 1955 c 344 § 7; 1953 c 229 § 7. Formerly RCW 28A.56.070, 28.56.070.] 28A.540.080 28A.540.060 Bond, excess levy, elections—Use of proceeds. Within sixty days after receipt of the notice of approval from the educational service district superintendent, the board of directors of each school district included in the plan shall submit to the voters thereof a proposal or proposals for providing, through the issuance of bonds and/or the authorization of an excess tax levy, the amount of capital funds that the district is required to provide under the plan. The proceeds of any such bond issue and/or excess tax levy shall be credited to the capital projects fund of the school district in which the proposed high school facilities are to be located and shall be expended to pay the cost of high school facilities for the education of such students residing in the school districts as are included in the plan and not otherwise. [1985 c 7 § 92; 1975 1st ex.s. c 275 § 76; 1971 c 48 § 23; 1969 ex.s. c 223 § 28A.56.050. Prior: 1959 c 262 § 6; 1955 c 28A.540.060 (2008 Ed.) Severability—1985 c 385: See note following RCW 28A.315.025. 28A.540.090 Nonhigh districts, time of levy and issuance of bonds. If the voters of a nonhigh school district approve an excess tax levy, the levy shall be made at the ear28A.540.090 [Title 28A RCW—page 227] 28A.540.100 Title 28A RCW: Common School Provisions liest time permitted by law. If the voters of a nonhigh school district approve the issuance of bonds, the board of directors of the nonhigh school district shall issue and sell said bonds within ninety days after receiving a copy of a resolution of the board of directors of the high school district that the high school district is ready to proceed with the construction of the high school facilities provided for in the plan and requesting the sale of the bonds. [1969 ex.s. c 223 § 28A.56.075. Prior: 1959 c 262 § 9. Formerly RCW 28A.56.075, 28.56.075.] 28A.540.100 Validation of proceedings under 1955 act, when. All proceedings had and taken under chapter 344, Laws of 1955, shall be valid and binding although not in compliance with that act if said proceedings comply with the requirements of this chapter. [1969 ex.s. c 223 § 28A.56.170. Prior: 1959 c 262 § 11. Formerly RCW 28A.56.170, 28.56.170.] 28A.540.100 28A.540.110 Designation of high school district nonhigh district students shall attend—Effect when attendance otherwise. (1) In cases where high school students resident in a nonhigh school district are to be educated in a high school district, the board of directors of the nonhigh school district shall, by mutual agreement with the serving district(s), designate the serving high school district or districts which its high school students shall attend. A nonhigh school district shall designate a district as a serving high school district when more than thirty-three and one-third percent of the high school students residing within the boundaries of the nonhigh school district are enrolled in the serving district. (2) Students residing in a nonhigh school district shall be allowed to attend a high school other than in the designated serving district referred to in subsection (1) of this section, however the nonhigh school board of directors shall not be required to contribute to building programs in any such high school district. Contribution shall be made only to those districts which are designated as serving high school districts at the time the county auditor is requested by the high school district to place a measure on the ballot regarding a proposal or proposals for the issuance of bonds or the authorization of an excess tax levy to provide capital funds for building programs. The nonhigh school district shall be subject to the capital fund aid provisions contained in this chapter with respect to the designated high school serving district(s). [1989 c 321 § 4; 1981 c 239 § 1. Formerly RCW 28A.56.200.] 28A.540.110 Chapter 28A.545 RCW PAYMENT TO HIGH SCHOOL DISTRICTS Chapter 28A.545 Sections 28A.545.010 28A.545.020 28A.545.030 28A.545.040 28A.545.050 28A.545.060 28A.545.070 School district divisions—High and nonhigh. Reimbursement not a tuition charge. Purposes. "Student residing in a nonhigh school district" defined. Amounts due from nonhigh districts. Enrollment data for computation of amounts due. Superintendent’s annual determination of estimated amount due—Process. 28A.545.080 Estimated amount due paid in May and November installments. 28A.545.090 Assessing nonhigh school lesser amount—Notice of. [Title 28A RCW—page 228] 28A.545.100 Amount due reflects cost of education and transportation of students. 28A.545.110 Rules to effect purposes and implement provisions. 28A.545.120 New programs or grades—Approval—Rules. Exemptions: State Constitution Art. 7 § 1 (Amendment 14). 28A.545.010 School district divisions—High and nonhigh. For the purposes of this chapter all school districts in the state of Washington shall be and the same are hereby divided into two divisions to be known and designated respectively as high school districts and nonhigh school districts. [1983 c 3 § 31; 1969 ex.s. c 223 § 28A.44.045. Prior: 1917 c 21 § 1; RRS § 4710. Formerly RCW 28A.44.045, 28.44.045, 28.01.040, part.] 28A.545.010 28A.545.020 Reimbursement not a tuition charge. The reimbursement of a high school district for cost of educating high school pupils for a nonhigh school district, as provided for in this chapter, shall not be deemed a tuition charge as affecting the apportionment of current state school funds. [1983 c 3 § 32; 1969 ex.s. c 223 § 28A.44.095. Prior: 1917 c 21 § 11; RRS § 4720. Formerly RCW 28A.44.095, 28.44.095.] 28A.545.020 28A.545.030 Purposes. The purposes of RCW 28A.545.030 through 28A.545.110 and 84.52.0531 are to: (1) Simplify the annual process of determining and paying the amounts due by nonhigh school districts to high school districts for educating students residing in a nonhigh school district; (2) Provide for a payment schedule that coincides to the extent practicable with the ability of nonhigh school districts to pay and the need of high school districts for payment; and (3) Establish that the maximum amount due per annual average full-time equivalent student by a nonhigh school district for each school year is no greater than the maintenance and operation excess tax levy rate per annual average fulltime equivalent student levied upon the taxpayers of the high school district. [1990 c 33 § 488; 1981 c 264 § 1. Formerly RCW 28A.44.150.] 28A.545.030 Severability—1981 c 264: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1981 c 264 § 13.] 28A.545.040 "Student residing in a nonhigh school district" defined. The term "student residing in a nonhigh school district" and its equivalent as used in RCW 28A.545.030 through 28A.545.110 and 84.52.0531 shall mean any common school age person with or without disabilities who resides within the boundaries of a nonhigh school district that does not conduct the particular kindergarten through grade twelve grade which the person has not yet successfully completed and is eligible to enroll in. [1995 c 77 § 25; 1990 c 33 § 489; 1981 c 264 § 2. Formerly RCW 28A.44.160.] 28A.545.040 Severability—1981 c 264: See note following RCW 28A.545.030. 28A.545.050 Amounts due from nonhigh districts. Each year at such time as the superintendent of public instruction determines and certifies such maximum allowable 28A.545.050 (2008 Ed.) Payment to High School Districts amounts of school district levies under RCW 84.52.0531 he or she shall also: (1) Determine the extent to which the estimated amounts due by nonhigh school districts for the previous school year exceeded or fell short of the actual amounts due; and (2) Determine the estimated amounts due by nonhigh school districts for the current school year and increase or decrease the same to the extent of overpayments or underpayments for the previous school year. [1985 c 341 § 11; 1981 c 264 § 3. Formerly RCW 28A.44.170.] Severability—1981 c 264: See note following RCW 28A.545.030. 28A.545.060 Enrollment data for computation of amounts due. The student enrollment data necessary for the computation of the annual amounts due by nonhigh school districts pursuant to RCW 28A.545.030 through 28A.545.110 and 84.52.0531 shall be established as follows: (1) On or before July tenth preceding the school year, or such other date as may be established by the superintendent of public instruction, each high school district superintendent shall certify to the superintendent of public instruction: (a) The estimated number of students residing in a nonhigh school district that will be enrolled in the high school district during the school year which estimate has been mutually agreed upon by the high school district superintendent and the superintendent of each nonhigh school district in which one or more of such students resides; (b) The total estimated number of kindergarten through twelfth grade annual average full-time equivalent students, inclusive of nonresident students, that will be enrolled in the high school district during the school year; (c) The actual number of annual average full-time equivalent students provided for in subsections (1)(a) and (b) of this section that were enrolled in the high school district during the regular school term just completed; and (d) The name, address, and the school district and county of residence of each student residing in a nonhigh school district reported pursuant to this subsection (1), to the extent the same can reasonably be established. (2) In the event the superintendents of a high school district and a nonhigh school district are unable to reach agreement respecting the estimated number of annual average fulltime equivalent students residing in the nonhigh school district that will be enrolled in the high school district during the school year, the estimate shall be established by the superintendent of public instruction. [1990 c 33 § 490; 1981 c 264 § 4. Formerly RCW 28A.44.180.] 28A.545.060 Severability—1981 c 264: See note following RCW 28A.545.030. 28A.545.070 Superintendent’s annual determination of estimated amount due—Process. (1) The superintendent of public instruction shall annually determine the estimated amount due by a nonhigh school district to a high school district for the school year as follows: (a) The total of the high school district’s maintenance and operation excess tax levy that has been authorized and determined by the superintendent of public instruction to be allowable pursuant to RCW 84.52.0531, as now or hereafter amended, for collection during the next calendar year, shall first be divided by the total estimated number of annual aver28A.545.070 (2008 Ed.) 28A.545.090 age full-time equivalent students which the high school district superintendent or the superintendent of public instruction has certified pursuant to RCW 28A.545.060 will be enrolled in the high school district during the school year; (b) The result of the calculation provided for in subsection (1)(a) of this section shall then be multiplied by the estimated number of annual average full-time equivalent students residing in the nonhigh school district that will be enrolled in the high school district during the school year which has been established pursuant to RCW 28A.545.060; and (c) The result of the calculation provided for in subsection (1)(b) of this section shall be adjusted upward to the extent the estimated amount due by a nonhigh school district for the prior school year was less than the actual amount due based upon actual annual average full-time equivalent student enrollments during the previous school year and the actual per annual average full-time equivalent student maintenance and operation excess tax levy rate for the current tax collection year, of the high school district, or adjusted downward to the extent the estimated amount due was greater than such actual amount due or greater than such lesser amount as a high school district may have elected to assess pursuant to RCW 28A.545.090. (2) The amount arrived at pursuant to subsection (1)(c) of this subsection shall constitute the estimated amount due by a nonhigh school district to a high school district for the school year. [1990 c 33 § 491; 1981 c 264 § 5. Formerly RCW 28A.44.190.] Severability—1981 c 264: See note following RCW 28A.545.030. 28A.545.080 Estimated amount due paid in May and November installments. The estimated amounts due by nonhigh school districts as determined pursuant to RCW 28A.545.070 shall be paid in two installments. During the month of May of the school year for which the amount is due, each nonhigh school district shall pay to each high school district fifty percent of the total estimated amount due to the high school district for the school year as determined by the superintendent of public instruction pursuant to RCW 28A.545.070. The remaining fifty percent shall be paid by each nonhigh school district to each high school district during the following November. [1990 c 33 § 492; 1981 c 264 § 6. Formerly RCW 28A.44.200.] 28A.545.080 Severability—1981 c 264: See note following RCW 28A.545.030. 28A.545.090 Assessing nonhigh school lesser amount—Notice of. Notwithstanding any provision of RCW 28A.545.050 through 28A.545.080 to the contrary, any high school district board of directors may elect to assess a nonhigh school district an amount which is less than that otherwise established by the superintendent of public instruction pursuant to RCW 28A.545.070 to be due. In the event a high school district elects to do so, it shall notify both the superintendent of public instruction and the nonhigh school district of its election and the lesser amount no later than September first following the school year for which the amount is due. In the absence of such notification, each nonhigh school district shall pay the amount otherwise established by the superintendent of public instruction pursuant to RCW 28A.545.070. 28A.545.090 [Title 28A RCW—page 229] 28A.545.100 Title 28A RCW: Common School Provisions [1990 c 33 § 493; 1981 c 264 § 7. Formerly RCW 28A.44.210.] Severability—1981 c 264: See note following RCW 28A.545.030. 28A.545.100 Amount due reflects cost of education and transportation of students. Unless otherwise agreed to by the board of directors of a nonhigh school district, the amounts which are established as due by a nonhigh school district pursuant to RCW 28A.545.030 through 28A.545.110 and 84.52.0531, as now or hereafter amended, shall constitute the entire amount which is due by a nonhigh school district for the school year for the education of any and all students with or without disabilities residing in the nonhigh school district who attend a high school district pursuant to RCW 28A.225.210, and for the transportation of such students by a high school district. [1995 c 77 § 26; 1990 c 33 § 494; 1983 1st ex.s. c 61 § 7; 1981 c 264 § 8. Formerly RCW 28A.44.220.] 28A.545.100 Severability—1983 1st ex.s. c 61: See note following RCW 28A.160.010. Severability—1981 c 264: See note following RCW 28A.545.030. 28A.545.110 Rules to effect purposes and implement provisions. The superintendent of public instruction is hereby empowered to adopt rules pursuant to chapter 34.05 RCW, as now or hereafter amended, deemed necessary or advisable by the superintendent to effect the purposes and implement the provisions of RCW 28A.545.030 through 28A.545.110 and 84.52.0531. [1990 c 33 § 495; 1981 c 264 § 9. Formerly RCW 28A.44.230.] 28A.545.110 Severability—1981 c 264: See note following RCW 28A.545.030. 28A.545.120 New programs or grades—Approval— Rules. The superintendent of public instruction, with recommendations from the school facilities citizen advisory panel under RCW 28A.525.025, shall adopt rules governing the establishment in any existing nonhigh school district of any secondary program or any new grades in grades nine through twelve. Before any such program or any new grades are established, the district must obtain prior approval of the superintendent of public instruction. [2006 c 263 § 325.] 28A.545.120 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Chapter 28A.600 Chapter 28A.600 RCW STUDENTS Sections 28A.600.010 Enforcement of rules of conduct—Due process guarantees— Computation of days for short-term and long-term suspensions. 28A.600.015 Rules incorporating due process guarantees of pupils—Informal due process procedures for short-term suspension of students. 28A.600.020 Exclusion of student from classroom—Written disciplinary procedures—Long-term suspension or expulsion. 28A.600.025 Students’ rights of religious expression—Duty of superintendent of public instruction to inform school districts. 28A.600.030 Grading policies—Option to consider attendance. 28A.600.035 Policies on secondary school access and egress. 28A.600.040 Pupils to comply with rules and regulations. 28A.600.045 Comprehensive guidance and planning programs for students. 28A.600.050 State honors awards program established—Purpose. [Title 28A RCW—page 230] 28A.600.060 State honors awards program—Areas included. 28A.600.070 State honors awards program—Rules. 28A.600.080 State honors awards program—Materials—Recognition by business and industry encouraged. 28A.600.100 Washington scholars’ program—Purpose. 28A.600.110 Washington scholars’ program—Established—Scope. 28A.600.120 Washington scholars’ program—Administration—Cooperation with other agencies. 28A.600.130 Washington scholars’ program—Planning committee— Composition—Duties. 28A.600.140 Washington scholars’ program—Principals’ association to submit names to board. 28A.600.150 Washington scholars’ program—Selection of scholars and scholars-alternates—Notification process—Certificates— Awards ceremony. 28A.600.160 Educational pathways. 28A.600.200 Interschool athletic and other extracurricular activities for students—Authority to regulate—Delegation of authority—Conditions. 28A.600.205 Interscholastic activities—Appeals from noneligibility issues—Appeals committee. 28A.600.210 School locker searches—Findings. 28A.600.220 School locker searches—No expectation of privacy. 28A.600.230 School locker searches—Authorization—Limitations. 28A.600.240 School locker searches—Notice and reasonable suspicion requirements. 28A.600.300 High school students’ options—Definition. 28A.600.310 High school students’ options—Enrollment in institutions of higher education—Transmittal of funds. 28A.600.320 High school students’ options—Information on enrollment. 28A.600.330 High school students’ options—Maximum terms of enrollment for high school credit. 28A.600.340 High school students’ options—Enrolled students not displaced. 28A.600.350 High school students’ options—Enrollment for secondary and postsecondary credit. 28A.600.360 High school students’ options—Enrollment in postsecondary institution—Determination of high school credits—Application toward graduation requirements. 28A.600.370 High school students’ options—Postsecondary credit. 28A.600.380 High school students’ options—School district not responsible for transportation. 28A.600.385 High school students’ options—Cooperative agreements with community colleges in Oregon and Idaho. 28A.600.390 High school students’ options—Rules. 28A.600.400 High school students’ options—Existing agreements not affected. 28A.600.405 Participation in high school completion pilot program—Eligible students—Funding allocations—Rules—Information for students and parents. 28A.600.410 Alternatives to suspension—Encouraged. 28A.600.415 Alternatives to suspension—Community service encouraged—Information provided to school districts. 28A.600.420 Firearms on school premises, transportation, or facilities— Penalty—Exemptions. 28A.600.455 Gang activity—Suspension or expulsion. 28A.600.460 Classroom discipline—Policies—Classroom placement of student offenders—Data on disciplinary actions. 28A.600.475 Exchange of information with law enforcement and juvenile court officials—Notification of parents and students. 28A.600.480 Reporting of harassment, intimidation, or bullying—Retaliation prohibited—Immunity. Uniform minor student capacity to borrow act: Chapter 26.30 RCW. 28A.600.010 Enforcement of rules of conduct—Due process guarantees—Computation of days for short-term and long-term suspensions. Every board of directors, unless otherwise specifically provided by law, shall: (1) Enforce the rules prescribed by the superintendent of public instruction for the government of schools, pupils, and certificated employees. (2) Adopt and make available to each pupil, teacher and parent in the district reasonable written rules regarding pupil conduct, discipline, and rights, including but not limited to short-term suspensions as referred to in RCW 28A.600.015 and suspensions in excess of ten consecutive days. Such rules shall not be inconsistent with any of the following: Federal statutes and regulations, state statutes, common law, and 28A.600.010 (2008 Ed.) Students the rules of the superintendent of public instruction. The board’s rules shall include such substantive and procedural due process guarantees as prescribed by the superintendent of public instruction under RCW 28A.600.015. When such rules are made available to each pupil, teacher, and parent, they shall be accompanied by a detailed description of rights, responsibilities, and authority of teachers and principals with respect to the discipline of pupils as prescribed by state statutory law, the superintendent of public instruction, and the rules of the school district. For the purposes of this subsection, computation of days included in "short-term" and "long-term" suspensions shall be determined on the basis of consecutive school days. (3) Suspend, expel, or discipline pupils in accordance with RCW 28A.600.015. [2006 c 263 § 901; 1997 c 265 § 4; 1990 c 33 § 496; 1979 ex.s. c 173 § 2; 1975-’76 2nd ex.s. c 97 § 2; 1975 1st ex.s. c 254 § 1; 1971 ex.s. c 268 § 1; 1969 ex.s. c 223 § 28A.58.101. Prior: 1969 c 53 § 1, part; 1967 ex.s. c 29 § 1, part; 1967 c 12 § 1, part; 1965 ex.s. c 49 § 1, part; 1963 c 104 § 1, part; 1963 c 5 § 1, part; 1961 c 305 § 1, part; 1961 c 237 § 1, part; 1961 c 66 § 1, part; 1955 c 68 § 2, part. Formerly RCW 28A.58.101, 28.58.100(2), (6).] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Severability—1997 c 265: See note following RCW 13.40.160. Severability—1975 1st ex.s. c 254: See note following RCW 28A.410.120. 28A.600.015 Rules incorporating due process guarantees of pupils—Informal due process procedures for short-term suspension of students. (1) The superintendent of public instruction shall adopt and distribute to all school districts lawful and reasonable rules prescribing the substantive and procedural due process guarantees of pupils in the common schools. Such rules shall authorize a school district to use informal due process procedures in connection with the short-term suspension of students to the extent constitutionally permissible: PROVIDED, That the superintendent of public instruction deems the interest of students to be adequately protected. When a student suspension or expulsion is appealed, the rules shall authorize a school district to impose the suspension or expulsion temporarily after an initial hearing for no more than ten consecutive school days or until the appeal is decided, whichever is earlier. Any days that the student is temporarily suspended or expelled before the appeal is decided shall be applied to the term of the student suspension or expulsion and shall not limit or extend the term of the student suspension or expulsion. (2) Short-term suspension procedures may be used for suspensions of students up to and including, ten consecutive school days. [2006 c 263 § 701; 1996 c 321 § 2; 1975-’76 2nd ex.s. c 97 § 1; 1971 ex.s. c 268 § 2. Formerly RCW 28A.305.160, 28A.04.132.] 28A.600.015 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.600.020 Exclusion of student from classroom— Written disciplinary procedures—Long-term suspension or expulsion. (1) The rules adopted pursuant to RCW 28A.600.010 shall be interpreted to ensure that the optimum learning atmosphere of the classroom is maintained, and that 28A.600.020 (2008 Ed.) 28A.600.020 the highest consideration is given to the judgment of qualified certificated educators regarding conditions necessary to maintain the optimum learning atmosphere. (2) Any student who creates a disruption of the educational process in violation of the building disciplinary standards while under a teacher’s immediate supervision may be excluded by the teacher from his or her individual classroom and instructional or activity area for all or any portion of the balance of the school day, or up to the following two days, or until the principal or designee and teacher have conferred, whichever occurs first. Except in emergency circumstances, the teacher first must attempt one or more alternative forms of corrective action. In no event without the consent of the teacher may an excluded student return to the class during the balance of that class or activity period or up to the following two days, or until the principal or his or her designee and the teacher have conferred. (3) In order to preserve a beneficial learning environment for all students and to maintain good order and discipline in each classroom, every school district board of directors shall provide that written procedures are developed for administering discipline at each school within the district. Such procedures shall be developed with the participation of parents and the community, and shall provide that the teacher, principal or designee, and other authorities designated by the board of directors, make every reasonable attempt to involve the parent or guardian and the student in the resolution of student discipline problems. Such procedures shall provide that students may be excluded from their individual classes or activities for periods of time in excess of that provided in subsection (2) of this section if such students have repeatedly disrupted the learning of other students. The procedures must be consistent with the rules of the superintendent of public instruction and must provide for early involvement of parents in attempts to improve the student’s behavior. (4) The procedures shall assure, pursuant to RCW 28A.400.110, that all staff work cooperatively toward consistent enforcement of proper student behavior throughout each school as well as within each classroom. (5) A principal shall consider imposing long-term suspension or expulsion as a sanction when deciding the appropriate disciplinary action for a student who, after July 27, 1997: (a) Engages in two or more violations within a three-year period of RCW 9A.46.120, 28A.320.135, 28A.600.455, 28A.600.460, 28A.635.020, 28A.600.020, 28A.635.060, 9.41.280, or 28A.320.140; or (b) Engages in one or more of the offenses listed in RCW 13.04.155. The principal shall communicate the disciplinary action taken by the principal to the school personnel who referred the student to the principal for disciplinary action. [2006 c 263 § 706; 1997 c 266 § 11; 1990 c 33 § 497; 1980 c 171 § 1; 1972 ex.s. c 142 § 5. Formerly RCW 28A.58.1011.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Findings—Intent—Severability—1997 c 266: See notes following RCW 28A.600.455. [Title 28A RCW—page 231] 28A.600.025 Title 28A RCW: Common School Provisions 28A.600.025 28A.600.025 Students’ rights of religious expression—Duty of superintendent of public instruction to inform school districts. (1) The First Amendment to the United States Constitution, and Article I, sections 5 and 11 of the Washington state Constitution guarantee that students retain their rights of free speech and free exercise of religion, notwithstanding the student’s enrollment and attendance in a common school. These rights include, but are not limited to, the right of an individual student to freely express and incorporate the student’s religious beliefs and opinions where relevant or appropriate in any and all class work, homework, evaluations or tests. School personnel may not grade the class work, homework, evaluation, or test on the religious expression but may grade the student’s performance on scholastic content such as spelling, sentence structure, and grammar, and the degree to which the student’s performance reflects the instruction and objectives established by the school personnel. School personnel may not subject an individual student who expresses religious beliefs or opinions in accordance with this section to any form of retribution or negative consequence and may not penalize the student’s standing, evaluations, or privileges. An employee of the school district may not censure a student’s expression of religious beliefs or opinions, when relevant or appropriate, in any class work, homework, evaluations or tests, extracurricular activities, or other activities under the sponsorship or auspices of the school district. (2) This section is not intended to impose any limit on the exchange of ideas in the common schools of this state. No officer, employee, agent, or contractor of a school district may impose his or her religious beliefs on any student in class work, homework, evaluations or tests, extracurricular activities, or other activities under the auspices of the school district. (3) The superintendent of public instruction shall distribute to the school districts information about laws governing students’ rights of religious expression in school. [1998 c 131 § 2.] Findings—1998 c 131: "The legislature recognizes the right of free speech and freedom of religion as guaranteed through the First Amendment to the United States Constitution and Article I, sections 5 and 11 of the Washington state Constitution and that these rights extend to students enrolled in the common schools of our state. The legislature also recognizes that students may choose to exercise these rights, as protected under the law, in response to the challenges of academic pursuit. While the legislature upholds the rights of students to freely express their religious beliefs and right of free speech, it also holds firmly that it is not the role of education to solicit student responses that force students to reveal, analyze, or critique their religious beliefs." [1998 c 131 § 1.] 28A.600.030 28A.600.030 Grading policies—Option to consider attendance. Each school district board of directors may establish student grading policies which permit teachers to consider a student’s attendance in determining the student’s overall grade or deciding whether the student should be granted or denied credit. Such policies shall take into consideration the circumstances pertaining to the student’s inability to attend school. However, no policy shall be adopted whereby a grade shall be reduced or credit shall be denied for disciplinary reasons only, rather than for academic reasons, unless due process of law is provided as set forth by the s u p e r i n t e n d e n t o f p u b l i c i n s t r u ct i o n u n d e r R C W [Title 28A RCW—page 232] 28A.600.015. [2006 c 263 § 707; 1990 c 33 § 498; 1984 c 278 § 7. Formerly RCW 28A.58.195.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Severability—1984 c 278: See note following RCW 28A.185.010. 28A.600.035 Policies on secondary school access and egress. School district boards of directors shall review school district policies regarding access and egress by students from secondary school grounds during school hours. Each school district board of directors shall adopt a policy specifying any restrictions on students leaving secondary school grounds during school hours. [1995 c 312 § 82.] 28A.600.035 Effective date—1995 c 312 §§ 71 and 82: See note following RCW 28A.225.095. Short title—1995 c 312: See note following RCW 13.32A.010. 28A.600.040 Pupils to comply with rules and regulations. All pupils who attend the common schools shall comply with the rules and regulations established in pursuance of the law for the government of the schools, shall pursue the required course of studies, and shall submit to the authority of the teachers of such schools, subject to such disciplinary or other action as the local school officials shall determine. [1969 ex.s. c 223 § 28A.58.200. Prior: 1909 c 97 p 263 § 6; RRS § 4690; prior: 1897 c 118 § 69; 1890 p 372 § 48. Formerly RCW 28A.58.200, 28.58.200.] 28A.600.040 28A.600.045 Comprehensive guidance and planning programs for students. (1) The legislature encourages each middle school, junior high school, and high school to implement a comprehensive guidance and planning program for all students. The purpose of the program is to support students as they navigate their education and plan their future; encourage an ongoing and personal relationship between each student and an adult in the school; and involve parents in students’ educational decisions and plans. (2) A comprehensive guidance and planning program is a program that contains at least the following components: (a) A curriculum intended to provide the skills and knowledge students need to select courses, explore options, plan for their future, and take steps to implement their plans. The curriculum may include such topics as analysis of students’ test results; diagnostic assessments of students’ academic strengths and weaknesses; use of assessment results in developing students’ short-term and long-term plans; assessments of student interests and aptitude; goal-setting skills; planning for high school course selection; independent living skills; exploration of options and opportunities for career and technical education at the secondary and postsecondary level; exploration of career opportunities in emerging and high-demand programs including apprenticeships; and postsecondary options and how to access them; (b) Regular meetings between each student and a teacher who serves as an advisor throughout the student’s enrollment at the school; (c) Student-led conferences with the student’s parents, guardians, or family members and the student’s advisor for the purpose of demonstrating the student’s accomplishments; 28A.600.045 (2008 Ed.) Students identifying weaknesses; planning and selecting courses; and setting long-term goals; and (d) Data collection that allows schools to monitor students’ progress. (3) Subject to funds appropriated for this purpose, the office of the superintendent of public instruction shall provide support for comprehensive guidance and planning programs in public schools, including providing ongoing development and improvement of the curriculum described in subsection (2) of this section. [2008 c 170 § 303; 2006 c 117 § 2.] Findings—Intent—Part headings not law—2008 c 170: See RCW 28A.700.005 and 28A.700.901. Intent—2006 c 117: "The legislature recognizes that there are specific skills and a body of knowledge that each student needs to chart a course through middle school, high school, and posthigh school options. Each student needs active involvement from parents and at least one supportive adult in the school who knows the student well and cares about the student’s progress and future. Students, parents, and teachers also need the benefit of immediate feedback and accurate diagnosis of students’ academic strengths and weaknesses to inform the students’ short-term and long-term plans. To empower and motivate all students and parents to take a greater role in charting the students’ own educational experiences, the legislature intends to strengthen schools’ guidance and planning programs." [2006 c 117 § 1.] Duties of superintendent of public instruction—Grants—Report— 2006 c 117: "(1) Subject to the availability of funds appropriated for this purpose, the superintendent of public instruction shall: (a) Develop and disseminate the curriculum for the comprehensive guidance and planning program under section 2 of this act to all school districts no later than the beginning of the 2006-07 school year; (b) Develop and disseminate electronic student planning tools and a software package to analyze the impact of the implementation of the program on student performance; (c) Develop and disseminate information about options for diagnostic assessments to improve student learning and student planning as provided under RCW 28A.655.200; (d) Develop and conduct regional training seminars for teachers on the curriculum and on guidance and mentoring skills; (e) Monitor and evaluate implementation of the program during the fall of 2006 in order to revise and improve the curriculum by the spring of 2007; and (f) Allocate grants to selected schools for the purpose of implementing the program. The superintendent shall develop and publish the grant selection criteria, number of awards, and award amounts. The first round of at least twenty-five grant recipients shall be selected and notified by September 2006. The second round of at least seventy-five grant recipients shall be selected and notified by January 2007. The purpose of the grants is to provide time for school staff to plan and integrate the comprehensive program into their schools. To the extent possible, the superintendent shall include representation from school districts of varying sizes and from different geographic regions of the state in the grant allocation. (2) By January 1, 2009, the superintendent of public instruction shall report to the education committees of the legislature regarding the impact of comprehensive guidance and planning programs on student performance." [2006 c 117 § 3.] 28A.600.050 28A.600.050 State honors awards program established—Purpose. The Washington state honors awards program is hereby established for the purpose of promoting academic achievement among high school students enrolled in public or approved private high schools by recognizing outstanding achievement of students in academic core subjects. This program shall be voluntary on the part of each school district and each student enrolled in high school. [1985 c 62 § 1. Formerly RCW 28A.03.440.] Washington scholars’ program: RCW 28A.600.100 through 28A.600.150. (2008 Ed.) 28A.600.100 28A.600.060 State honors awards program—Areas included. The recipients of the Washington state honors awards shall be selected based on student achievement in both verbal and quantitative areas, as measured by a test or tests of general achievement selected by the superintendent of public instruction, and shall include student performance in the academic core areas of English, mathematics, science, social studies, and languages other than English, which may be American Indian languages. The performance level in such academic core subjects shall be determined by grade point averages, numbers of credits earned, and courses enrolled in during the beginning of the senior year. [1993 c 371 § 4; 1991 c 116 § 22; 1985 c 62 § 2. Formerly RCW 28A.03.442.] 28A.600.060 28A.600.070 State honors awards program—Rules. The superintendent of public instruction shall adopt rules for the establishment and administration of the Washington state honors awards program. The rules shall establish: (1) The test or tests of general achievement that are used to measure verbal and quantitative achievement, (2) academic subject performance levels, (3) timelines for participating school districts to notify students of the opportunity to participate, (4) procedures for the administration of the program, and (5) the procedures for providing the appropriate honors award designation. [1991 c 116 § 23; 1985 c 62 § 3. Formerly RCW 28A.03.444.] 28A.600.070 28A.600.080 State honors awards program—Materials—Recognition by business and industry encouraged. The superintendent of public instruction shall provide participating high schools with the necessary materials for conferring honors. The superintendent of public instruction shall require participating high schools to encourage local representatives of business and industry to recognize students in their communities who receive an honors designation based on the Washington state honors awards program. [1985 c 62 § 4. Formerly RCW 28A.03.446.] 28A.600.080 28A.600.100 Washington scholars’ program—Purpose. Each year high schools in the state of Washington graduate a significant number of students who have distinguished themselves through outstanding academic achievem ent. Th e pu r p os e of R CW 28 A.6 00 .10 0 th ro u gh 28A.600.150 is to establish a consistent and uniform program which will recognize and honor the accomplishments of these students; encourage and facilitate privately funded scholarship awards among them; stimulate the recruitment of outstanding students to Washington public and private colleges and universities; and allow educational and legislative leaders, as well as the governor, to reaffirm the importance of educational excellence to the future of this state. [1990 c 33 § 499; 1985 c 341 § 14; 1981 c 54 § 1. Formerly RCW 28A.58.820.] 28A.600.100 Severability—1981 c 54: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1981 c 54 § 10.] State honors awards program: RCW 28A.600.050 through 28A.600.080. Waiver of tuition and fees for recipients of the Washington scholars award: RCW 28B.15.543. [Title 28A RCW—page 233] 28A.600.110 Title 28A RCW: Common School Provisions 28A.600.110 Washington scholars’ program— Established—Scope. There is established by the legislature of the state of Washington the Washington state scholars program. The purposes of this program annually are to: (1) Provide for the selection of three seniors residing in each legislative district in the state graduating from high schools who have distinguished themselves academically among their peers, except that during fiscal year 2007, no more than two seniors plus one alternate may be selected. (2) Maximize public awareness of the academic achievement, leadership ability, and community contribution of Washington state public and private high school seniors through appropriate recognition ceremonies and events at both the local and state level. (3) Provide a listing of the Washington scholars to all Washington state public and private colleges and universities to facilitate communication regarding academic programs and scholarship availability. (4) Make available a state level mechanism for utilization of private funds for scholarship awards to outstanding high school seniors. (5) Provide, on written request and with student permission, a listing of the Washington scholars to private scholarship selection committees for notification of scholarship availability. (6) Permit a waiver of tuition and services and activities fees as provided for in RCW 28B.15.543 and grants under RCW 28B.76.660. [2005 c 518 § 915; 2004 c 275 § 46; 1994 c 234 § 4; 1988 c 210 § 4; 1987 c 465 § 1; 1981 c 54 § 2. Formerly RCW 28A.58.822.] 28A.600.110 Severability—Effective date—2005 c 518: See notes following RCW 28A.500.030. Part headings not law—2004 c 275: See note following RCW 28B.76.030. Severability—1981 c 54: See note following RCW 28A.600.100. 28A.600.120 Washington scholars’ program— Administration—Cooperation with other agencies. The higher education coordinating board shall have the responsibility for administration of the Washington scholars program. The program will be developed cooperatively with the Washington association of secondary school principals, a voluntary professional association of secondary school principals. The cooperation of other state agencies and private organizations having interest and responsibility in public and private education shall be sought for planning assistance. [1985 c 370 § 32; 1981 c 54 § 3. Formerly RCW 28A.58.824.] 28A.600.120 Severability—1981 c 54: See note following RCW 28A.600.100. 28A.600.130 Washington scholars’ program—Planning committee—Composition—Duties. The higher education coordinating board shall establish a planning committee to develop criteria for screening and selection of the Washington scholars each year in accordance with RCW 28A.600.110(1). It is the intent that these criteria shall emphasize scholastic achievement but not exclude such criteria as leadership ability and community contribution in final selection procedures. The Washington scholars planning committee shall have members from selected state agencies and private organizations having an interest and responsibility in education, including but not limited to, the office of 28A.600.130 [Title 28A RCW—page 234] superintendent of public instruction, the council of presidents, the state board for community and technical colleges, and the Washington friends of higher education. [2006 c 263 § 916; 1995 1st sp.s. c 5 § 1; 1990 c 33 § 500; 1985 c 370 § 33; 1981 c 54 § 4. Formerly RCW 28A.58.826.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Severability—1995 1st sp.s. c 5: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1995 1st sp.s. c 5 § 5.] Effective date—1995 1st sp.s. c 5: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995." [1995 1st sp.s. c 5 § 6.] Severability—1981 c 54: See note following RCW 28A.600.100. 28A.600.140 Washington scholars’ program—Principals’ association to submit names to board. Each year on or before March 1st, the Washington association of secondary school principals shall submit to the higher education coordinating board the names of graduating senior high school students who have been identified and recommended to be outstanding in academic achievement by their school principals based on criteria to be established under RCW 28A.600.130. [1990 c 33 § 501; 1985 c 370 § 34; 1981 c 54 § 5. Formerly RCW 28A.58.828.] 28A.600.140 Severability—1981 c 54: See note following RCW 28A.600.100. 28A.600.150 Washington scholars’ program—Selection of scholars and scholars-alternates—Notification process—Certificates—Awards ceremony. Each year, three Washington scholars and one Washington scholarsalternate shall be selected from the students nominated under RCW 28A.600.140, except that during fiscal year 2007, no more than two scholars plus one alternate may be selected. The higher education coordinating board shall notify the students so designated, their high school principals, the legislators of their respective districts, and the governor when final selections have been made. The board, in conjunction with the governor’s office, shall prepare appropriate certificates to be presented to the Washington scholars and the Washington scholars-alternates. An awards ceremony at an appropriate time and place shall be planned by the board in cooperation with the Washington association of secondary school principals, and with the approval of the governor. [2005 c 518 § 916; 1999 c 159 § 2; 1985 c 370 § 35; 1981 c 54 § 6. Formerly RCW 28A.58.830.] 28A.600.150 Severability—Effective date—2005 c 518: See notes following RCW 28A.500.030. Findings—Intent—1999 c 159: "The legislature finds that approximately thirty-five percent of the recipients of the Washington scholars award under RCW 28A.600.100 through 28A.600.150 choose to enroll in an outof-state college and therefore do not use the grants that would have been available to them under RCW 28B.80.245 had they chosen to attend a college or university in the state of Washington. It is the intent of the legislature to require high school seniors who are announced as recipients of the Washington scholars award to demonstrate in a timely manner that they will be using any grants they may receive with their awards to enroll in a college or university in Washington state during the fall term of the same year in which they receive the award. Any grants not used by initial recipients should be awarded to alternate recipients who must also demonstrate in a timely manner that they will be using their grants to enroll in a Washington college or university in Washington state during the fall term." [1999 c 159 § 1.] (2008 Ed.) Students Severability—1981 c 54: See note following RCW 28A.600.100. 28A.600.160 Educational pathways. Any middle school, junior high school, or high school using educational pathways shall ensure that all participating students will continue to have access to the courses and instruction necessary to meet admission requirements at baccalaureate institutions. Students shall be allowed to enter the educational pathway of their choice. Before accepting a student into an educational pathway, the school shall inform the student’s parent of the pathway chosen, the opportunities available to the student through the pathway, and the career objectives the student will have exposure to while pursuing the pathway. Parents and students dissatisfied with the opportunities available through the selected educational pathway shall be provided with the opportunity to transfer the student to any other pathway provided in the school. Schools may not develop educational pathways that retain students in high school beyond the date they are eligible to graduate, and may not require students who transfer between pathways to complete pathway requirements beyond the date the student is eligible to graduate. Educational pathways may include, but are not limited to, programs such as work-based learning, school-to-work transition, tech prep, vocational-technical education, running start, and preparation for technical college, community college, or university education. [1998 c 225 § 2.] 28A.600.230 School buses, transport of general public to interscholastic activities—Limitations: RCW 28A.160.100. 28A.600.160 28A.600.200 28A.600.200 Interschool athletic and other extracurricular activities for students—Authority to regulate— Delegation of authority—Conditions. Each school district board of directors is hereby granted and shall exercise the authority to control, supervise and regulate the conduct of interschool athletic activities and other interschool extracurricular activities of an athletic, cultural, social or recreational nature for students of the district. A board of directors may delegate control, supervision and regulation of any such activity to the Washington interscholastic activities association or any other voluntary nonprofit entity and compensate such entity for services provided, subject to the following conditions: (1) The voluntary nonprofit entity shall not discriminate in connection with employment or membership upon its governing board, or otherwise in connection with any function it performs, on the basis of race, creed, national origin, sex or marital status; (2) Any rules and policies applied by the voluntary nonprofit entity which govern student participation in any interschool activity shall be written; and (3) Such rules and policies shall provide for notice of the reasons and a fair opportunity to contest such reasons prior to a final determination to reject a student’s request to participate in or to continue in an interschool activity. Any such decision shall be considered a decision of the school district conducting the activity in which the student seeks to participate or was participating and may be appealed pursuant to RCW 28A.645.010 through 28A.645.030. [2006 c 263 § 904; 1990 c 33 § 502; 1975-’76 2nd ex.s. c 32 § 1. Formerly RCW 28A.58.125.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. (2008 Ed.) 28A.600.205 Interscholastic activities—Appeals from noneligibility issues—Appeals committee. By July 1, 2006, the Washington interscholastic activities association shall establish a nine-person appeals committee to address appeals of noneligibility issues. The committee shall be comprised of the secretary from each of the activity districts of the Washington interscholastic activities association. The committee shall begin hearing appeals by July 1, 2006. No committee member may participate in the appeal process if the member was involved in the activity that was the basis of the appeal. A decision of the appeals committee may be appealed to the executive board of the association. [2006 c 263 § 905.] 28A.600.205 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.600.210 School locker searches—Findings. The legislature finds that illegal drug activity and weapons in schools threaten the safety and welfare of school children and pose a severe threat to the state educational system. School officials need authority to maintain order and discipline in schools and to protect students from exposure to illegal drugs, weapons, and contraband. Searches of school-issued lockers and the contents of those lockers is a reasonable and necessary tool to protect the interests of the students of the state as a whole. [1989 c 271 § 244. Formerly RCW 28A.67.300.] 28A.600.210 Severability—1989 c 271: See note following RCW 9.94A.510. 28A.600.220 School locker searches—No expectation of privacy. No right nor expectation of privacy exists for any student as to the use of any locker issued or assigned to a student by a school and the locker shall be subject to search for illegal drugs, weapons, and contraband as provided in RCW 28A.600.210 through 28A.600.240. [1990 c 33 § 503; 1989 c 271 § 245. Formerly RCW 28A.67.310.] 28A.600.220 Severability—1989 c 271: See note following RCW 9.94A.510. 28A.600.230 School locker searches—Authorization—Limitations. (1) A school principal, vice principal, or principal’s designee may search a student, the student’s possessions, and the student’s locker, if the principal, vice principal, or principal’s designee has reasonable grounds to suspect that the search will yield evidence of the student’s violation of the law or school rules. A search is mandatory if there are reasonable grounds to suspect a student has illegally possessed a firearm in violation of RCW 9.41.280. (2) Except as provided in subsection (3) of this section, the scope of the search is proper if the search is conducted as follows: (a) The methods used are reasonably related to the objectives of the search; and (b) Is not excessively intrusive in light of the age and sex of the student and the nature of the suspected infraction. (3) A principal or vice principal or anyone acting under their direction may not subject a student to a strip search or body cavity search as those terms are defined in RCW 28A.600.230 [Title 28A RCW—page 235] 28A.600.240 Title 28A RCW: Common School Provisions 10.79.070. [1999 c 167 § 3; 1989 c 271 § 246. Formerly RCW 28A.67.320.] Severability—1989 c 271: See note following RCW 9.94A.510. 28A.600.240 School locker searches—Notice and reasonable suspicion requirements. (1) In addition to the provisions in RCW 28A.600.230, the school principal, vice principal, or principal’s designee may search all student lockers at any time without prior notice and without a reasonable suspicion that the search will yield evidence of any particular student’s violation of the law or school rule. (2) If the school principal, vice principal, or principal’s designee, as a result of the search, develops a reasonable suspicion that a certain container or containers in any student locker contain evidence of a student’s violation of the law or school rule, the principal, vice principal, or principal’s designee may search the container or containers according to the provisions of RCW 28A.600.230(2). [1990 c 33 § 504; 1989 c 271 § 247. Formerly RCW 28A.67.330.] 28A.600.240 Severability—1989 c 271: See note following RCW 9.94A.510. 28A.600.300 High school students’ options—Definition. For the purposes of RCW 28A.600.310 through 28A.600.400, "participating institution of higher education" or "institution of higher education" means: (1) A community or technical college as defined in RCW 28B.50.030; (2) A public tribal college located in Washington and accredited by the northwest commission on colleges and universities or another accrediting association recognized by the United States department of education; and (3) Central Washington University, Eastern Washington University, Washington State University, and The Evergreen State College, if the institution’s governing board decides to participate in the program in RCW 28A.600.310 through 28A.600.400. [2005 c 207 § 5; 2002 c 80 § 1; 1994 c 205 § 1; 1990 1st ex.s. c 9 § 401.] 28A.600.300 Findings—Intent—2005 c 207: "The legislature finds that the dropout rate of the state’s Native American students is the highest in the state. Approximately one-half of all Native American high school students drop out before graduating with a diploma. The legislature also finds that culturally relevant educational opportunities are important contributors to other efforts to increase the rates of high school graduation for Native American students. The legislature further finds that the higher education participation rate for Native American students is the lowest in the state, and that more can be done to encourage Native American students to pursue higher educational opportunities. The legislature intends to authorize accredited public tribal colleges to participate in the running start program for the purposes of reducing the dropout rate of Native American students and encouraging greater participation rates in higher education." [2005 c 207 § 4.] Finding—Severability—1990 1st ex.s. c 9: See notes following RCW 28A.225.220. 28A.600.310 High school students’ options—Enrollment in institutions of higher education—Transmittal of funds. (1) Eleventh and twelfth grade students or students who have not yet received the credits required for the award of a high school diploma and are eligible to be in the eleventh or twelfth grades may apply to a participating institution of higher education to enroll in courses or programs offered by the institution of higher education. A student receiving home-based instruction enrolling in a public high school for the sole purpose of participating in courses or programs 28A.600.310 [Title 28A RCW—page 236] offered by institutions of higher education shall not be counted by the school district in any required state or federal accountability reporting if the student’s parents or guardians filed a declaration of intent to provide home-based instruction and the student received home-based instruction during the school year before the school year in which the student intends to participate in courses or programs offered by the institution of higher education. Students receiving homebased instruction under chapter 28A.200 RCW and students attending private schools approved under chapter 28A.195 RCW shall not be required to meet the student learning goals, obtain a certificate of academic achievement or a certificate of individual achievement to graduate from high school, or to master the essential academic learning requirements. However, students are eligible to enroll in courses or programs in participating universities only if the board of directors of the student’s school district has decided to participate in the program. Participating institutions of higher education, in consultation with school districts, may establish admission standards for these students. If the institution of higher education accepts a secondary school pupil for enrollment under this section, the institution of higher education shall send written notice to the pupil and the pupil’s school district within ten days of acceptance. The notice shall indicate the course and hours of enrollment for that pupil. (2) The pupil’s school district shall transmit to the institution of higher education an amount per each full-time equivalent college student at statewide uniform rates for vocational and nonvocational students. The superintendent of public instruction shall separately calculate and allocate moneys appropriated for basic education under RCW 28A.150.260 to school districts for purposes of making such payments and for granting school districts seven percent thereof to offset program related costs. The calculations and allocations shall be based upon the estimated statewide annual average per full-time equivalent high school student allocations under RCW 28A.150.260, excluding small high school enhancements, and applicable rules adopted under chapter 34.05 RCW. The superintendent of public instruction, the higher education coordinating board, and the state board for community and technical colleges shall consult on the calculation and distribution of the funds. The institution of higher education shall not require the pupil to pay any other fees. The funds received by the institution of higher education from the school district shall not be deemed tuition or operating fees and may be retained by the institution of higher education. A student enrolled under this subsection shall not be counted for the purpose of determining any enrollment restrictions imposed by the state on the institution of higher education. [2005 c 125 § 1; 1994 c 205 § 2; 1993 c 222 § 1; 1990 1st ex.s. c 9 § 402.] Effective date—1993 c 222: "This act shall take effect September 1, 1993." [1993 c 222 § 2.] Finding—Severability—1990 1st ex.s. c 9: See notes following RCW 28A.225.220. 28A.600.320 High school students’ options—Information on enrollment. A school district shall provide general information about the program to all pupils in grades ten, eleven, and twelve and the parents and guardians of those pupils, including information about the opportunity to enroll 28A.600.320 (2008 Ed.) Students in the program through online courses available at community and technical colleges and other state institutions of higher education. To assist the district in planning, a pupil shall inform the district of the pupil’s intent to enroll in courses at an institution of higher education for credit. Students are responsible for applying for admission to the institution of higher education. [2008 c 95 § 3; 1994 c 205 § 3; 1990 1st ex.s. c 9 § 403.] Finding—2008 c 95: See note following RCW 28A.300.119. Finding—Severability—1990 1st ex.s. c 9: See notes following RCW 28A.225.220. 28A.600.330 High school students’ options—Maximum terms of enrollment for high school credit. A pupil who enrolls in an institution of higher education in grade eleven may not enroll in postsecondary courses under RCW 28A.600.300 through 28A.600.390 for high school credit and postsecondary credit for more than the equivalent of the course work for two academic years. A pupil who first enrolls in an institution of higher education in grade twelve may not enroll in postsecondary courses under this section for high school credit and postsecondary credit for more than the equivalent of the course work for one academic year. [1994 c 205 § 4; 1990 1st ex.s. c 9 § 404.] 28A.600.330 Finding—Severability—1990 1st ex.s. c 9: See notes following RCW 28A.225.220. 28A.600.340 High school students’ options— Enrolled students not displaced. Once a pupil has been enrolled in a postsecondary course or program under RCW 28A.600.300 through 28A.600.400, the pupil shall not be displaced by another student. [1994 c 205 § 5; 1990 1st ex.s. c 9 § 405.] 28A.600.340 Finding—Severability—1990 1st ex.s. c 9: See notes following RCW 28A.225.220. 28A.600.350 High school students’ options—Enrollment for secondary and postsecondary credit. A pupil may enroll in a course under RCW 28A.600.300 through 28A.600.390 for both high school credit and postsecondary credit. [1994 c 205 § 6; 1990 1st ex.s. c 9 § 406.] 28A.600.350 Finding—Severability—1990 1st ex.s. c 9: See notes following RCW 28A.225.220. 28A.600.360 High school students’ options—Enrollment in postsecondary institution—Determination of high school credits—Application toward graduation requirements. A school district shall grant academic credit to a pupil enrolled in a course for high school credit if the pupil successfully completes the course. If no comparable course is offered by the school district, the school district superintendent shall determine how many credits to award for the course. The determination shall be made in writing before the pupil enrolls in the course. The credits shall be applied toward graduation requirements and subject area requirements. Evidence of the successful completion of each course in an institution of higher education shall be included in the pupil’s secondary school records and transcript. The transcript shall also note that the course was taken at an institution of higher education. [1994 c 205 § 7; 1990 1st ex.s. c 9 § 407.] 28A.600.360 (2008 Ed.) 28A.600.390 Finding—Severability—1990 1st ex.s. c 9: See notes following RCW 28A.225.220. 28A.600.370 High school students’ options—Postsecondary credit. Any state institution of higher education may award postsecondary credit for college level academic and vocational courses successfully completed by a student while in high school and taken at an institution of higher education. The state institution of higher education shall not charge a fee for the award of the credits. [1994 c 205 § 8; 1990 1st ex.s. c 9 § 408.] 28A.600.370 Finding—Severability—1990 1st ex.s. c 9: See notes following RCW 28A.225.220. 28A.600.380 High school students’ options—School district not responsible for transportation. Transportation to and from the institution of higher education is not the responsibility of the school district. [1994 c 205 § 9; 1990 1st ex.s. c 9 § 409.] 28A.600.380 Finding—Severability—1990 1st ex.s. c 9: See notes following RCW 28A.225.220. 28A.600.385 High school students’ options—Cooperative agreements with community colleges in Oregon and Idaho. (1) School districts in Washington and community colleges in Oregon and Idaho may enter into cooperative agreements under chapter 39.34 RCW for the purpose of allowing eleventh and twelfth grade students who are enrolled in the school districts to earn high school and college credit concurrently. (2) Except as provided in subsection (3) of this section, if a school district exercises the authority granted in subsection (1) of this section, the provisions of RCW 28A.600.310 through 28A.600.360 and 28A.600.380 through 28A.600.400 shall apply to the agreements. (3) A school district may enter an agreement in which the community college agrees to accept an amount less than the statewide uniform rate under RCW 28A.600.310(2) if the community college does not charge participating students tuition and fees. A school district may not pay a per-credit rate in excess of the statewide uniform rate under RCW 28A.600.310(2). (4) To the extent feasible, the agreements shall permit participating students to attend the community college without paying any tuition and fees. The agreements shall not permit the community college to charge participating students nonresident tuition and fee rates. (5) The agreements shall ensure that participating students are permitted to enroll only in courses that are transferable to one or more institutions of higher education as defined in RCW 28B.10.016. [1998 c 63 § 2.] 28A.600.385 Finding—1998 c 63: "The legislature finds that students may have difficulty attending community college for the purpose of the running start program due to the distance of the nearest community college. In these cases, it may be more advantageous for students in border counties to attend community colleges in neighboring states. The legislature encourages school districts to pursue interagency agreements with community colleges in neighboring states when it is in the best interests of the student’s educational progress." [1998 c 63 § 1.] 28A.600.390 High school students’ options—Rules. The superintendent of public instruction, the state board for 28A.600.390 [Title 28A RCW—page 237] 28A.600.400 Title 28A RCW: Common School Provisions community and technical colleges, and the higher education coordinating board shall jointly develop and adopt rules governing RCW 28A.600.300 through 28A.600.380, if rules are necessary. The rules shall be written to encourage the maximum use of the program and shall not narrow or limit the enrollment options under RCW 28A.600.300 through 28A.600.380. [1994 c 205 § 10; 1990 1st ex.s. c 9 § 410.] Finding—Severability—1990 1st ex.s. c 9: See notes following RCW 28A.225.220. 28A.600.400 High school students’ options—Existing agreements not affected. RCW 28A.600.300 through 28A.600.390 are in addition to and not intended to adversely affect agreements between school districts and institutions of higher education in effect on April 11, 1990, and in the future. [1994 c 205 § 11; 1990 1st ex.s. c 9 § 412.] 28A.600.400 Finding—Severability—1990 1st ex.s. c 9: See notes following RCW 28A.225.220. 28A.600.405 Participation in high school completion pilot program—Eligible students—Funding allocations— Rules—Information for students and parents. (1) For purposes of this section and RCW 28B.50.534, "eligible student" means a student who has completed all state and local high school graduation requirements except the certificate of academic achievement under RCW 28A.655.061 or the certificate of individual achievement under RCW 28A.155.045, who is less than age twenty-one as of September 1st of the academic year the student enrolls at a community and technical college under this section, and who meets the following criteria: (a) Receives a level 2 (basic) score on the reading and writing content areas of the high school Washington assessment of student learning; (b) Has not successfully met state standards on a retake of the assessment or an alternative assessment; (c) Has participated in assessment remediation; and (d) Receives a recommendation to enroll in courses or a program of study made available under RCW 28B.50.534 from his or her high school principal. (2) An eligible student may enroll in courses or a program of study made available by a community or technical college participating in the pilot program created under RCW 28B.50.534 for the purpose of obtaining a high school diploma. (3) For eligible students in courses or programs delivered directly by the community or technical college participating in the pilot program under RCW 28B.50.534 and only for enrollment in courses that lead to a high school diploma, the superintendent of public instruction shall transmit to the colleges participating in the pilot program an amount per each full-time equivalent college student at statewide uniform rates. The amount shall be the sum of (a), (b), (c), and (d) of this subsection, as applicable. (a) The superintendent shall separately calculate and allocate moneys appropriated for basic education under RCW 28A.150.260 for purposes of making payments under this section. The calculations and allocations shall be based upon the estimated statewide annual average per full-time equivalent high school student allocations under RCW 28A.600.405 [Title 28A RCW—page 238] 28A.150.260, excluding small high school enhancements, and applicable rules adopted under chapter 34.05 RCW. (b) The superintendent shall allocate an amount equal to the per funded student state allocation for the learning assistance program under chapter 28A.165 RCW for each fulltime equivalent college student or a pro rata amount for less than full-time enrollment. (c) The superintendent shall allocate an amount equal to the per full-time equivalent student allocation for the student achievement program under RCW 28A.505.210 for each fulltime equivalent college student or a pro rata amount for less than full-time enrollment. (d) For eligible students who meet eligibility criteria for the state transitional bilingual instruction program under chapter 28A.180 RCW, the superintendent shall allocate an amount equal to the per student state allocation for the transitional bilingual instruction program or a pro rata amount for less than full-time enrollment. (4) The superintendent may adopt rules establishing enrollment reporting, recordkeeping, and accounting requirements necessary to ensure accountability for the use of basic education, learning assistance, and transitional bilingual program funds under this section for the pilot program created under RCW 28B.50.534. (5) All school districts in the geographic area of the two community and technical colleges selected pursuant to section 8, chapter 355, Laws of 2007 to participate in the pilot program shall provide information about the high school completion option under RCW 28B.50.534 to students in grades ten, eleven, and twelve and the parents or guardians of those students. [2007 c 355 § 4.] Finding—Intent—2007 c 355: See note following RCW 28B.50.534. 28A.600.410 Alternatives to suspension—Encouraged. School districts are encouraged to find alternatives to suspension including reducing the length of a student’s suspension conditioned by the commencement of counseling or other treatment services. Consistent with current law, the conditioning of a student’s suspension does not obligate the school district to pay for the counseling or other treatment services except for those stipulated and agreed to by the district at the inception of the suspension. [1992 c 155 § 1.] 28A.600.410 28A.600.415 Alternatives to suspension—Community service encouraged—Information provided to school districts. (1) The superintendent of public instruction shall encourage school districts to utilize community service as an alternative to student suspension. Community service shall include the provision of volunteer services by students in social and educational organizations including, but not limited to, hospitals, fire and police stations, nursing homes, food banks, day care organizations, and state and local government offices. (2) At a minimum, by February 1, 1993, the superintendent shall prepare and distribute information to school districts regarding existing programs, the potential benefits and considerations of using community service as an alternative to suspension, and recommended guidelines for starting new programs. The superintendent also shall address, and attempt to clarify and resolve, any potential liability, supervision, and 28A.600.415 (2008 Ed.) Students transportation issues associated with using community service as an alternative to suspension. [1992 c 155 § 2.] 28A.600.420 Firearms on school premises, transportation, or facilities—Penalty—Exemptions. (1) Any elementary or secondary school student who is determined to have carried a firearm onto, or to have possessed a firearm on, public elementary or secondary school premises, public school-provided transportation, or areas of facilities while being used exclusively by public schools, shall be expelled from school for not less than one year under RCW 28A.600.010. The superintendent of the school district, educational service district, state school for the deaf, or state school for the blind may modify the expulsion of a student on a case-by-case basis. (2) For purposes of this section, "firearm" means a firearm as defined in 18 U.S.C. Sec. 921, and a "firearm" as defined in RCW 9.41.010. (3) This section shall be construed in a manner consistent with the individuals with disabilities education act, 20 U.S.C. Sec. 1401 et seq. (4) Nothing in this section prevents a public school district, educational service district, the state school for the deaf, or the state school for the blind if it has expelled a student from such student’s regular school setting from providing educational services to the student in an alternative setting. (5) This section does not apply to: (a) Any student while engaged in military education authorized by school authorities in which rifles are used but not other firearms; or (b) Any student while involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the rifles of collectors or instructors are handled or displayed but not other firearms; or (c) Any student while participating in a rifle competition authorized by school authorities. (6) A school district may suspend or expel a student for up to one year subject to subsections (1), (3), (4), and (5) of this section, if the student acts with malice as defined under RCW 9A.04.110 and displays an instrument that appeared [appears] to be a firearm, on public elementary or secondary school premises, public school-provided transportation, or areas of facilities while being used exclusively by public schools. [1997 c 265 § 5; 1995 c 335 § 304; 1995 c 87 § 2.] 28A.600.420 Severability—1997 c 265: See note following RCW 13.40.160. Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360. 28A.600.455 Gang activity—Suspension or expulsion. (1) A student who is enrolled in a public school or an alternative school may be suspended or expelled if the student is a member of a gang and knowingly engages in gang activity on school grounds. (2) "Gang" means a group which: (a) Consists of three or more persons; (b) has identifiable leadership; and (c) on an ongoing basis, regularly conspires and acts in concert mainly for criminal purposes. [1997 c 266 § 2.] 28A.600.455 Findings—Intent—1997 c 266: "The legislature finds that the children of this state have the right to an effective public education and that both students and educators have the need to be safe and secure in the classroom if learning is to occur. The legislature also finds, however, that children in (2008 Ed.) 28A.600.460 many of our public schools are forced to focus on the threat and message of violence contained in many aspects of our society and reflected through and in gang violence activities on school campuses. The legislature recognizes that the prevalence of weapons, including firearms and dangerous knives, is an increasing problem that is spreading rapidly even to elementary schools throughout the state. Gang-related apparel and regalia compound the problem by easily concealing weapons that threaten and intimidate students and school personnel. These threats have resulted in tragic and unnecessary bloodshed over the past two years and must be eradicated from the system if student and staff security is to be restored on school campuses. Many educators believe that school dress significantly influences student behavior in both positive and negative ways. Special school dress up and color days signify school spirit and provide students with a sense of unity. Schools that have adopted school uniforms report a feeling of togetherness, greater school pride, and better student behavior in and out of the classroom. This sense of unity provides students with the positive attitudes needed to avert the pressures of gang involvement. The legislature also recognizes there are other more significant factors that impact school safety such as the pervasive use of drugs and alcohol in school. In addition to physical safety zones, schools should also be drug-free zones that expressly prohibit the sale, use, or possession of illegal drugs on school property. Students involved in drug-related activity are unable to benefit fully from educational opportunities and are disruptive to the learning environment of their fellow students. Schools must be empowered to make decisions that positively impact student learning by eradicating drug use and possession on their campuses. This flexibility should also be afforded to schools as they deal with other harmful substance abuse activities engaged in by their students. Toward this end, the legislature recognizes the important role of the classroom teacher who must be empowered to restore discipline and safety in the classroom. Teachers must have the ability to control the conduct of students to ensure that their mission of educating students may be achieved. Disruptive behavior must not be allowed to continue to divert attention, time, and resources from educational activities. The legislature therefore intends to define gang-related activities as criminal behavior disruptive not only to the learning environment but to society as a whole, and to provide educators with the authority to restore order and safety to the student learning environment, eliminate the influence of gang activities, and eradicate drug and substance abuse on school campuses, thus empowering educators to regain control of our classrooms and provide our students with the best educational opportunities available in our schools. The legislature also finds that students and school employees have been subjected to violence such as rapes, assaults, or harassment that has not been gang or drug-related criminal activity. The legislature intends that all violence and harassment directed at students and school personnel be eradicated in public schools." [1997 c 266 § 1.] Severability—1997 c 266: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1997 c 266 § 16.] 28A.600.460 28A.600.460 Classroom discipline—Policies—Classroom placement of student offenders—Data on disciplinary actions. (1) School district boards of directors shall adopt policies that restore discipline to the classroom. Such policies must provide for at least the following: Allowing each teacher to take disciplinary action to correct a student who disrupts normal classroom activities, abuses or insults a teacher as prohibited by RCW 28A.635.010, willfully disobeys a teacher, uses abusive or foul language directed at a school district employee, school volunteer, or another student, violates school rules, or who interferes with an orderly education process. Disciplinary action may include but is not limited to: Oral or written reprimands; written notification to parents of disruptive behavior, a copy of which must be provided to the principal. (2) A student committing an offense under chapter 9A.36, 9A.40, 9A.46, or 9A.48 RCW when the activity is directed toward the teacher, shall not be assigned to that teacher’s classroom for the duration of the student’s atten[Title 28A RCW—page 239] 28A.600.475 Title 28A RCW: Common School Provisions dance at that school or any other school where the teacher is assigned. (3) A student who commits an offense under chapter 9A.36, 9A.40, 9A.46, or 9A.48 RCW, when directed toward another student, may be removed from the classroom of the victim for the duration of the student’s attendance at that school or any other school where the victim is enrolled. A student who commits an offense under one of the chapters enumerated in this section against a student or another school employee, may be expelled or suspended. (4) Nothing in this section is intended to limit the authority of a school under existing law and rules to expel or suspend a student for misconduct or criminal behavior. (5) All school districts must collect data on disciplinary actions taken in each school. The information shall be made available to the public upon request. This collection of data shall not include personally identifiable information including, but not limited to, a student’s social security number, name, or address. [1997 c 266 § 9.] Findings—Intent—Severability—1997 c 266: See notes following RCW 28A.600.455. 28A.600.475 Exchange of information with law enforcement and juvenile court officials—Notification of parents and students. School districts may participate in the exchange of information with law enforcement and juvenile court officials to the extent permitted by the family educational and privacy rights act of 1974, 20 U.S.C. Sec. 1232g. When directed by court order or pursuant to any lawfully issued subpoena, a school district shall make student records and information available to law enforcement officials, probation officers, court personnel, and others legally entitled to the information. Except as provided in RCW 13.40.480, parents and students shall be notified by the school district of all such orders or subpoenas in advance of compliance with them. [1998 c 269 § 11; 1992 c 205 § 120.] 28A.600.475 Intent—Finding—Effective date—1998 c 269: See notes following RCW 72.05.020. Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010. 28A.600.480 Reporting of harassment, intimidation, or bullying—Retaliation prohibited—Immunity. (1) No school employee, student, or volunteer may engage in reprisal, retaliation, or false accusation against a victim, witness, or one with reliable information about an act of harassment, intimidation, or bullying. (2) A school employee, student, or volunteer who has witnessed, or has reliable information that a student has been subjected to, harassment, intimidation, or bullying, whether verbal or physical, is encouraged to report such incident to an appropriate school official. (3) A school employee, student, or volunteer who promptly reports an incident of harassment, intimidation, or bullying to an appropriate school official, and who makes this report in compliance with the procedures in the district’s policy prohibiting bullying, harassment, or intimidation, is immune from a cause of action for damages arising from any failure to remedy the reported incident. [2002 c 207 § 4.] 28A.600.480 Findings—2002 c 207: See note following RCW 28A.300.285. [Title 28A RCW—page 240] Chapter 28A.605 Chapter 28A.605 RCW PARENT ACCESS Sections 28A.605.010 Removing child from school grounds during school hours. 28A.605.020 Parents’ access to classroom or school sponsored activities— Limitation. 28A.605.030 Student education records—Parental review—Release of records—Procedure. 28A.605.010 Removing child from school grounds during school hours. The board of directors of each school district by rule or regulation shall set forth proper procedure to ensure that each school within their district is carrying out district policy providing that no child may be removed from any school grounds or building thereon during school hours except by a person so authorized by a parent or legal guardian having legal custody thereof, except that a student may leave secondary school grounds only in accordance with the school district’s open campus policy under RCW 28A.600.035. Such rules shall be applicable to school employees or their designees who may not remove, cause to be removed, or allow to be removed, any student from school grounds without authorization from the student’s parent or legal guardian unless the employee is: The student’s parent, legal guardian, or immediate family member, a school employee providing school bus transportation services in accordance with chapter 28A.160 RCW, a school employee supervising an extracurricular activity in which the student is participating and the employee is providing transportation to or from the activity; or, the student is in need of emergent medical care, and the employee is unable to reach the parent for transportation of the student. School security personnel may remove a student from school grounds without parental authorization for disciplinary reasons. Nothing in this section shall be construed to limit removal of a student from school grounds by any person acting in his or her official capacity in response to a 911 emergency call. [1997 c 411 § 1; 1975 1st ex.s. c 248 § 1. Formerly RCW 28A.58.050.] 28A.605.010 28A.605.020 Parents’ access to classroom or school sponsored activities—Limitation. Every school district board of directors shall, after following established procedure, adopt a policy assuring parents access to their child’s classroom and/or school sponsored activities for purposes of observing class procedure, teaching material, and class conduct: PROVIDED, That such observation shall not disrupt the classroom procedure or learning activity. [1979 ex.s. c 250 § 8. Formerly RCW 28A.58.053.] 28A.605.020 Effective date—Severability—1979 ex.s. c 250: See notes following RCW 28A.150.220. 28A.605.030 Student education records—Parental review—Release of records—Procedure. The parent or guardian of a student who is or has been in attendance at a school has the right to review all education records of the student. A school may not release the education records of a student without the written consent of the student’s parent or guardian, except as authorized by RCW 28A.600.475 and the family educational and privacy rights act of 1974, 20 U.S.C. Sec. 1232g. 28A.605.030 (2008 Ed.) Meal Programs The board of directors of each school district shall establish a procedure for: (1) Granting the request by a parent or guardian for access to the education records of his or her child; and (2) Prohibiting the release of student information without the written consent of the student’s parent or guardian, after the parent or guardian has been informed what information is being requested, who is requesting the information and why, and what will be done with the information. The procedure adopted by the school district must be in compliance with the family educational and privacy rights act of 1974, 20 U.S.C. Sec. 1232g. [1997 c 119 § 1.] Reviser’s note: 1997 c 119 directed that this section be added to chapter 28A.600 RCW. This section has been codified in chapter 28A.605 RCW, which relates more directly to parent access to student information. Chapter 28A.620 RCW COMMUNITY EDUCATION PROGRAMS Chapter 28A.620 Sections 28A.620.010 28A.620.020 Purposes. Restrictions—Classes on parenting skills and child abuse prevention encouraged. 28A.620.010 Purposes. The purposes of this section and RCW 28A.620.020 are to: (1) Provide educational, recreational, cultural, and other community services and programs through the establishment of the concept of community education with the community school serving as the center for such activity; (2) Promote a more efficient and expanded use of existing school buildings and equipment; (3) Help provide personnel to work with schools, citizens and with other agencies and groups; (4) Provide a wide range of opportunities for all citizens including programs, if resources are available, to promote parenting skills and promote awareness of the problem of child abuse and methods to avoid child abuse; (5) As used in this section, "parenting skills" shall include: The importance of consistency in parenting; the value of providing children with a balance of love and firm discipline; the instruction of children in honesty, morality, ethics, and respect for the law; and the necessity of preserving and nurturing the family unit; and (6) Help develop a sense of community in which the citizens cooperate with the public schools and community agencies and groups to resolve their school and community concerns and to recognize that the schools are available for use by the community day and night, year-round or any time when the programming will not interfere with the preschool through grade twelve program. [1990 c 33 § 510. Prior: 1985 c 344 § 1; 1985 c 341 § 12; 1979 ex.s. c 120 § 1. Formerly RCW 28A.58.246.] 28A.623.020 for supplies, materials, or instructor costs, for the purpose of stimulating the full educational potential and meeting the needs of the district’s residents of all ages, and making the fullest use of the district’s school facilities: PROVIDED, That school districts are encouraged to provide programs for prospective parents, prospective foster parents, and prospective adoptive parents on parenting skills, violence prevention, and on the problems of child abuse and methods to avoid child abuse situations: PROVIDED FURTHER, That community education programs shall be consistent with rules and regulations promulgated by the state superintendent of public instruction governing cooperation between common schools, community college districts, and other civic and governmental organizations which shall have been developed in cooperation with the state board for community and technical colleges and shall be programs receiving the approval of said superintendent. [1994 sp.s. c 7 § 603; 1985 c 344 § 2; 1979 ex.s. c 120 § 2; 1973 c 138 § 1. Formerly RCW 28A.58.247.] Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540. Chapter 28A.623 Chapter 28A.623 RCW MEAL PROGRAMS 28A.620.010 28A.620.020 Restrictions—Classes on parenting skills and child abuse prevention encouraged. Notwithstanding the provisions of RCW 28B.50.250, 28B.50.530 or any other law, rule, or regulation, any school district is authorized and encouraged to provide community education programs in the form of instructional, recreational and/or service programs on a noncredit and nontuition basis, excluding fees 28A.620.020 (2008 Ed.) Sections 28A.623.010 Nonprofit program for elderly—Purpose. 28A.623.020 Nonprofit program for elderly—Authorized—Restrictions. 28A.623.030 Nonprofit program for certain children and students—Conditions and restrictions. 28A.623.010 Nonprofit program for elderly—Purpose. The legislature finds that many elderly persons suffer dietary deficiencies and malnutrition due to inadequate financial resources, immobility, lack of interest due to isolation and loneliness, and characteristics of the aging process, such as physiological, social, and psychological changes which result in a way of life too often leading to feelings of rejection, abandonment, and despair. There is a real need as a matter of public policy to provide the elderly citizens with adequate nutritionally sound meals, through which their isolation may be penetrated with the company and the social contacts of their own. It is the declared purpose of RCW 28A.235.120, 28A.623.010, and 28A.623.020 to raise the level of dignity of the aged population where their remaining years can be lived in a fulfillment equal to the benefits they have bestowed, the richness they have added, and the great part they have played in the life of our society and nation. [1990 c 33 § 511; 1973 c 107 § 1. Formerly RCW 28A.58.720.] 28A.623.010 28A.623.020 Nonprofit program for elderly—Authorized—Restrictions. The board of directors of any school district may establish or allow for the establishment of a nonprofit meal program for feeding elderly persons residing within the area served by such school district using school facilities, and may authorize the extension of any school food services for the purpose of feeding elderly persons, subject to the following conditions and restrictions: (1) The charge to such persons for each meal shall not exceed the actual cost of such meal to the school. (2) The program will utilize methods of administration which will assure that the maximum number of eligible indi28A.623.020 [Title 28A RCW—page 241] 28A.623.030 Title 28A RCW: Common School Provisions viduals may have an opportunity to participate in such a program, and will coordinate, whenever possible, with the local area agency on aging. (3) Any nonprofit meal program established pursuant to RCW 28A.235.120, 28A.623.010, and 28A.623.020 may not be operated so as to interfere with the normal educational process within the schools. (4) No school district funds may be used for the operation of such a meal program. (5) For purposes of RCW 28A.235.120, 28A.623.010, and 28A.623.020, "elderly persons" shall mean persons who are at least sixty years of age. [1990 c 33 § 512; 1973 c 107 § 3. Formerly RCW 28A.58.722.] 28A.623.030 Nonprofit program for certain children and students—Conditions and restrictions. The board of directors of any school district may establish or allow for the establishment of a nonprofit meal program using school facilities for feeding children who are participating in educational programs or activities conducted by private, nonprofit organizations and entities and students who are attending private elementary and secondary schools, and may authorize the extension of any school food services for the purpose of feeding such children and students, subject to the following conditions and restrictions: (1) The charge to such persons, organizations, entities or schools for each meal shall be not less than the actual cost of such meal to the school, inclusive of a reasonable charge for overhead and the value of the use of the facilities. (2) The meal program shall not be operated so as to interfere with the educational process within the school district. (3) The meal program shall not be operated so as to impair or reduce the provision of food services to students of the school districts. [1979 c 58 § 2. Formerly RCW 28A.58.724.] 28A.623.030 Severability—1979 c 58: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 c 58 § 3.] Chapter 28A.625 Chapter 28A.625 RCW AWARDS Sections EXCELLENCE IN EDUCATION 28A.625.010 28A.625.020 28A.625.030 28A.625.042 28A.625.050 Short title. Recipients—Awards. Washington State Christa McAuliffe award for teachers. Certificates—Recognition awards. Rules. 28A.625.100 28A.625.110 Board of directors of a school district may establish. Awards. EMPLOYEE SUGGESTION PROGRAM COMMENDABLE EMPLOYEE SERVICE AND RECOGNITION AWARD 28A.625.150 Award program. MATHEMATICS, ENGINEERING, AND SCIENCE ACHIEVEMENT 28A.625.200 28A.625.210 Findings and intent. Mathematics, engineering, and science achievement program—Establishment and administration through University of Washington—Goals. [Title 28A RCW—page 242] 28A.625.220 28A.625.230 28A.625.240 Mathematics, engineering, and science achievement program—Coordinator—Staff. Coordinator to develop selection standards. Local program centers. SCHOOL IMPROVEMENT AND RESEARCH PROJECTS 28A.625.350 28A.625.360 28A.625.370 28A.625.380 28A.625.390 28A.625.900 Short title. Excellence in teacher preparation award. Award for teacher educator. Rules. Educational grant—Eligibility—Award. Severability—1990 1st ex.s. c 10. EXCELLENCE IN EDUCATION 28A.625.010 Short title. RCW 28A.625.020 through *28A.625.065 may be known and cited as the Washington award for excellence in education program act. [1995 c 335 § 107; 1990 c 33 § 513; 1986 c 147 § 1. Formerly RCW 28A.03.520.] 28A.625.010 *Reviser’s note: RCW 28A.625.065 expired June 30, 1998. Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360. Commendable employee service and recognition award program: RCW 28A.625.150. 28A.625.020 Recipients—Awards. The superintendent of public instruction shall establish an annual award program for excellence in education to recognize teachers, principals, administrators, classified staff, school district superinte n d e n ts , a n d s c h o o l b o a r d s f o r t h e ir l ea d e r s h i p , contributions, and commitment to education. The program shall recognize annually: (1) Five teachers from each congressional district of the state. One individual must be an elementary level teacher, one must be a junior high or middle school level teacher, and one must be a secondary level teacher. Teachers shall include educational staff associates; (2) Five principals or administrators from the state; (3) One school district superintendent from the state; (4) One school district board of directors from the state; and (5) Three classified staff from each congressional district of the state. [1991 c 255 § 1. Prior: 1990 c 77 § 1; 1990 c 33 § 514; 1989 c 75 § 1; 1988 c 251 § 1; 1987 1st ex.s. c 2 § 209; 1986 c 147 § 2. Formerly RCW 28A.03.523.] 28A.625.020 Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes following RCW 84.52.0531. 28A.625.030 Washington State Christa McAuliffe award for teachers. The award for teachers under the Washington award for excellence in education program shall be named the "Washington State Christa McAuliffe Award, in honor and memory of Sharon Christa Corrigan McAuliffe." As the first teacher and private citizen selected nationally to voyage into space, Christa McAuliffe exemplified what is exciting and positive about the teaching profession. Her contributions within the scope of the nation’s education system helped to show that education can and should be a vital and dynamic experience for all participants. Christa McAuliffe’s chosen profession encompasses learning by discovery and her desire to make new discoveries was reflected by her participation in the nation’s space program. 28A.625.030 (2008 Ed.) Awards The selection of Christa McAuliffe as the first teacher in space was directly linked to Washington state in that then superintendent of public instruction Dr. Frank Brouillet both appointed and served as a member of the national panel which selected Christa McAuliffe. The tragic loss of the life of Christa McAuliffe on the flight of the space shuttle Challenger on January 28, 1986, will be remembered through the legacy she gave to her family, friends, relatives, students, colleagues, the education profession, and the nation: A model example of striving toward excellence. [1991 c 255 § 2; 1986 c 147 § 3. Formerly RCW 28A.03.526.] 28A.625.042 28A.625.042 Certificates—Recognition awards. (1) All recipients of the Washington award for excellence in education shall receive a certificate presented by the governor and the superintendent of public instruction, or their designated representatives, at a public ceremony or ceremonies in appropriate locations. (2) In addition to the certificate under subsection (1) of this section, the award for teachers, classified employees, superintendents employed by second-class school districts, and principals or administrators shall include a recognition award of at least two thousand five hundred dollars. The amount of the recognition award for superintendents employed by first-class school districts shall be at least one thousand dollars. The recognition award shall not be considered compensation for the purposes of RCW 28A.400.200. (3) In addition to the certificate under subsection (1) of this section, the award for the school board shall include a recognition award not to exceed two thousand five hundred dollars. The school board must use its recognition award for an educational purpose. [1994 c 279 § 4.] Effective date—1994 c 279 § 4: "Section 4 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect April 1, 1994." [1994 c 279 § 6.] Severability—1994 c 279: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1994 c 279 § 7.] 28A.625.050 28A.625.050 Rules. The superintendent of public instruction shall adopt rules under chapter 34.05 RCW to carry out the purposes of RCW 28A.625.010 through *28A.625.065. These rules shall include establishing the selection criteria for the Washington award for excellence in education program. The superintendent is encouraged to consult with teachers, educational staff associates, principals, administrators, classified employees, superintendents, and school board members in developing the selection criteria. Notwithstanding the provisions of RCW 28A.625.020 (1) and (2), such rules may allow for the selection of individuals whose teaching or administrative duties, or both, may encompass multiple grade level or building assignments, or both. [1995 c 335 § 108; 1991 c 255 § 8; 1990 c 33 § 516; 1988 c 251 § 2; 1986 c 147 § 5. Formerly RCW 28A.03.532.] *Reviser’s note: RCW 28A.625.065 expired June 30, 1998. Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360. (2008 Ed.) 28A.625.200 EMPLOYEE SUGGESTION PROGRAM 28A.625.100 Board of directors of a school district may establish. The board of directors of any school district may establish and maintain an employee suggestion program to encourage and reward meritorious suggestions by certificated and classified school employees. The program shall be designed to promote efficiency or economy in the performance of any function of the school district. Each board establishing an employee suggestion program shall establish procedures for the proper administration of the program. [1986 c 143 § 1. Formerly RCW 28A.02.320.] 28A.625.100 Effective date—1986 c 143: "This act shall take effect on August 1, 1986." [1986 c 143 § 4.] 28A.625.110 Awards. The board of directors of the school district shall make the final determination as to whether an employee suggestion award will be made and shall determine the nature and extent of the award. The award shall not be a regular or supplemental compensation program for all employees and the suggestion must, in fact, result in actual savings greater than the award amount. Any moneys which may be awarded to an employee as part of an employee suggestion program shall not be considered salary or compensation for the purposes of RCW 28A.400.200 or chapter 41.40 RCW. [1990 c 33 § 519; 1987 1st ex.s. c 2 § 207; 1986 c 143 § 2. Formerly RCW 28A.02.325.] 28A.625.110 Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes following RCW 84.52.0531. Effective date—1986 c 143: See note following RCW 28A.625.100. COMMENDABLE EMPLOYEE SERVICE AND RECOGNITION AWARD 28A.625.150 Award program. The board of directors of any school district may establish a commendable employee service and recognition award program for certificated and classified school employees. The program shall be designed to recognize exemplary service, special achievements, or outstanding contributions by an individual in the performance of his or her duties as an employee of the school district. The board of directors of the school district shall determine the extent and type of any nonmonetary award. The value of any nonmonetary award shall not be deemed sa lar y o r c o m p e n sat io n f o r th e p u r p os e s o f R CW 28A.400.200 or chapter 41.32 RCW. [1990 c 33 § 520; 1987 1st ex.s. c 2 § 210; 1985 c 399 § 2. Formerly RCW 28A.58.842.] 28A.625.150 Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes following RCW 84.52.0531. Award for excellence in education program: RCW 28A.625.020 through 28A.625.050. MATHEMATICS, ENGINEERING, AND SCIENCE ACHIEVEMENT 28A.625.200 Findings and intent. The legislature finds that high technology is important to the state’s economy and the welfare of its citizens. The legislature finds that certain groups, as characterized by sex or ethnic background, are traditionally underrepresented in mathematics, engineering, 28A.625.200 [Title 28A RCW—page 243] 28A.625.210 Title 28A RCW: Common School Provisions and the science-related professions in this state. The legislature finds that women and minority students have been traditionally discouraged from entering the fields of science and mathematics including teaching in these fields. The legislature finds that attitudes and knowledges acquired during the kindergarten through eighth grade prepare students to succeed in high school science and mathematics programs and that special skills necessary for these fields need to be acquired during the ninth through twelfth grades. It is the intent of the legislature to promote a mathematics, engineering, and science achievement program to help increase the number of people in these fields and teaching in these fields from groups underrepresented in these fields. [1989 c 66 § 1; 1984 c 265 § 1. Formerly RCW 28A.03.430.] Implementation—Funding required—1984 c 265: "Implementation of this act shall be subject to funds being appropriated or otherwise available for such purposes." [1984 c 265 § 6.] 28A.625.210 Mathematics, engineering, and science achievement program—Establishment and administration through University of Washington—Goals. A program to increase the number of people from groups underrepresented in the fields of mathematics, engineering, and the physical sciences in this state shall be established by the University of Washington. The program shall be administered through the University of Washington and designed to: (1) Encourage students in the targeted groups in the common schools, with a particular emphasis on those students in middle and junior high schools and the sixth through twelfth grades, to acquire the academic skills needed to study mathematics, engineering, or related sciences at an institution of higher education; (2) Promote the awareness of career opportunities including the career opportunities of teaching in the fields of science and mathematics and the skills necessary to achieve those opportunities among students sufficiently early in their educational careers to permit and encourage the students to acquire the skills; (3) Promote cooperation among institutions of higher education, the superintendent of public instruction and local school districts in working towards the goals of the program; and (4) Solicit contributions of time and resources from public and private institutions of higher education, high schools, middle and junior high schools, and private business and industry. [1990 c 286 § 1; 1989 c 66 § 2; 1984 c 265 § 2. Formerly RCW 28A.03.432.] 28A.625.210 Implementation—Funding required—1984 c 265: See note following RCW 28A.625.200. 28A.625.220 Mathematics, engineering, and science achievement program—Coordinator—Staff. A coordinator shall be hired to administer the program. Additional staff as necessary may be hired. [1984 c 265 § 3. Formerly RCW 28A.03.434.] 28A.625.220 Implementation—Funding required—1984 c 265: See note following RCW 28A.625.200. 28A.625.230 Coordinator to develop selection standards. The coordinator shall develop standards and criteria for selecting students who participate in the program which 28A.625.230 [Title 28A RCW—page 244] may include predictive instruments to ascertain aptitude and probability of success. The standards shall include requirements that students take certain courses, maintain a certain grade point average, and participate in activities sponsored by the program. Women and students from minority groups, which are traditionally underrepresented in mathematics and science-related professions and which meet the requirements established by the coordinator shall be selected. [1984 c 265 § 4. Formerly RCW 28A.03.436.] Implementation—Funding required—1984 c 265: See note following RCW 28A.625.200. 28A.625.240 Local program centers. The coordinator shall establish local program centers throughout the state to implement RCW 28A.625.210 through 28A.625.230. Each center shall be managed by a center director. Additional staff as necessary may be hired. [1990 c 33 § 521; 1984 c 265 § 5. Formerly RCW 28A.03.438.] 28A.625.240 Implementation—Funding required—1984 c 265: See note following RCW 28A.625.200. SCHOOL IMPROVEMENT AND RESEARCH PROJECTS 28A.625.350 Short title. RCW 28A.625.360 through 28A.625.390 may be known and cited as the Washington award for excellence in teacher preparation act. [1990 1st ex.s. c 10 § 1.] 28A.625.350 Finding—1990 1st ex.s. c 10: "The legislature finds that excellence in teacher preparation requires increased cooperation and coordination between institutions of higher education and school districts as it relates to the preparation of students into the profession of teaching. The legislature further finds that an increase in the level of such cooperation and coordination in selecting, training, and supervising excellent "cooperating" teachers, and the development of new school and university partnerships, will be beneficial to the teaching profession, and will enhance the ability of all new teachers to perform at a more competent level during their initial teaching experience." [1990 1st ex.s. c 10 § 6.] 28A.625.360 Excellence in teacher preparation award. (1) The professional educator standards board shall establish an annual award program for excellence in teacher preparation to recognize higher education teacher educators for their leadership, contributions, and commitment to education. (2) The program shall recognize annually one teacher preparation faculty member from one of the teacher preparation programs approved by the professional educator standards board. [2006 c 263 § 804; 1990 1st ex.s. c 10 § 2.] 28A.625.360 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Finding—1990 1st ex.s. c 10: See note following RCW 28A.625.350. 28A.625.370 Award for teacher educator. The award for the teacher educator shall include: (1) A certificate presented to the teacher educator by the governor, the chair of the professional educator standards board, and the superintendent of public instruction at a public ceremony; and (2) A grant to the professional education advisory board of the institution from which the teacher educator is selected, which grant shall not exceed two thousand five hundred dol28A.625.370 (2008 Ed.) Temporary Provisions—Special Projects lars and which grant shall be awarded under RCW 28A.625.390. [2006 c 263 § 820; 1990 1st ex.s. c 10 § 3.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Finding—1990 1st ex.s. c 10: See note following RCW 28A.625.350. 28A.625.380 Rules. The professional educator standards board shall adopt rules under chapter 34.05 RCW to carry out the purposes of RCW 28A.625.360 through 28A.625.390. These rules shall include establishing the selection criteria for the Washington award for excellence in teacher preparation. The board is encouraged to consult with teacher educators, deans, and professional education advisory board members in developing the selection criteria. The criteria shall include any role performed by nominees relative to implementing innovative developments by the nominee’s teacher preparation program and efforts the nominee has made to assist in communicating with legislators, common school teachers and administrators, and others about the nominee’s teacher preparation program. [2006 c 263 § 821; 1990 1st ex.s. c 10 § 4.] HIGH SCHOOL CIVICS CURRICULUM PILOT PROJECT 28A.630.035 Interactive high school civics curriculum—Pilot project— Rules—Reports. PILOT PROJECT FOR LOCAL CONTROL AND FLEXIBILITY IN ASSESSMENTS 28A.630.045 Local control and flexibility in assessments—Pilot project. COMPREHENSIVE K-3 FOUNDATIONS PROGRAM DEMONSTRATION PROJECTS 28A.625.380 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.630.005 28A.630.055 Comprehensive K-3 foundations program—Demonstration projects—Evaluation—Reports. ENGLISH AS A SECOND LANGUAGE DEMONSTRATION PROJECT 28A.630.058 English as a second language demonstration project— Reports. DEVELOPMENT OF EDUCATIONAL PARAPROFESSIONAL TRAINING PROGRAM 28A.630.400 Paraeducator associate of arts degree. AT-RISK STUDENTS 28A.630.810 Rules. SCHOOL-TO-WORK TRANSITION PROJECT 28A.630.881 School-to-work transition project—Findings—Intent—Outreach—Technical assistance. PILOT PROJECT FOR CHILDREN IN FOSTER CARE Finding—1990 1st ex.s. c 10: See note following RCW 28A.625.350. 28A.630.005 Pilot project to assist school-age children in short-term foster care. (1) The Nooksack Valley and Mount Vernon school districts shall implement a pilot project within existing resources to assist school-age children in foster care fewer than seventy-five days to continue attending the school where they were enrolled before entering foster care. The pilot project shall be implemented as provided in this section no later than April 30, 2002, and shall conclude June 30, 2003. Data from the pilot project shall be compiled and submitted to the working group established in RCW 28A.300.800 no later than July 30, 2002, and periodically thereafter. (2) For the purposes of the pilot project in the two school districts, the department of social and health services and the school districts shall, as appropriate, undertake the following activities: (a) A school-age child who enters foster care on or after April 30, 2002, shall, unless it is determined to be not in the best interest of the child, continue attending the school where she or he was enrolled before entering foster care, notwithstanding the physical location of the child’s principal abode. The best interest of the child determination shall be made at the seventy-two hour shelter care hearing, and reviewed at any subsequent shelter care hearing. (b) The department of social and health services, the school the child was attending prior to entering foster care, and the school that serves the child’s foster home shall negotiate a plan for transporting the child to the school the child was attending prior to entering foster care. The department of social and health services shall not be responsible for the cost of transportation of the children in the pilot project. (c) If the department of social and health services places a child in foster care, and the child does not continue to attend the school the child was attending prior to entering foster care, the department shall notify the school about the change. [2002 c 326 § 2.] 28A.630.005 28A.625.390 Educational grant—Eligibility— Award. The professional education advisory board for the institution from which the teacher educator has been selected to receive an award shall be eligible to apply for an educational grant as provided under RCW 28A.625.370. The professional educator standards board shall award the grant after the board has approved the grant application as long as the written grant application is submitted to the board within one year after the award is received by the teacher educator. The grant application shall identify the educational purpose toward which the grant shall be used. [2006 c 263 § 822; 1990 1st ex.s. c 10 § 5.] 28A.625.390 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Finding—1990 1st ex.s. c 10: See note following RCW 28A.625.350. 28A.625.900 Severability—1990 1st ex.s. c 10. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1990 1st ex.s. c 10 § 10.] 28A.625.900 Chapter 28A.630 Chapter 28A.630 RCW TEMPORARY PROVISIONS—SPECIAL PROJECTS Sections PILOT PROJECT FOR CHILDREN IN FOSTER CARE 28A.630.005 Pilot project to assist school-age children in short-term foster care. SPECIAL SERVICES PILOT PROGRAM 28A.630.016 Special services pilot program—Requirements for participation—Duties of superintendent of public instruction— Funding—Reports. (2008 Ed.) [Title 28A RCW—page 245] 28A.630.016 Title 28A RCW: Common School Provisions Effective date—2002 c 326: See note following RCW 28A.300.800. SPECIAL SERVICES PILOT PROGRAM 28A.630.016 Special services pilot program— Requirements for participation—Duties of superintendent of public instruction—Funding—Reports. (Expires June 30, 2011.) (1)(a) Research has shown that early, intensive interventions can significantly improve reading, written language, and mathematics skills for children who are struggling academically. This early research-based assistance has been successful in reducing the number of children who require specialized programs. Research further suggests that the disabilities of many students with mild and moderate disabilities are correctable through strategic early intervention and the students do not necessitate special education eligibility. However, by being effective in reducing the number of students eligible for these programs, school district funding is reduced. (b) The purpose of the program in this section is to continue support to the existing pilot districts and to encourage other school districts to participate as pilot districts to improve the implementation of high quality general education research-based core instructional programs to meet the needs of students struggling academically, while reducing the number of students inappropriately referred and placed in special education under the specific learning disability eligibility category because of ineffective instructional practices. This will allow special education programs to concentrate specially designed instruction on students who truly require special education services. The goal of this assistance is to effectively address reading, written language, and mathematics difficulties resulting in a substantially greater proportion of students meeting the progressively increasing performance standards for both the aggregate and disaggregated subgroups under federal law. (c) The participating pilot districts implementing the special services pilot program have met the goals of the pilot program resulting in (i) a substantial number of underachieving students meeting the progressively increasing reading performance standards and (ii) a reduction in the number of children who require special education. (2) Seven school districts may participate in the special services pilot program, including two school districts already participating and five additional school districts. The special services pilot program shall begin in the 2007-08 school year and conclude in the 2010-11 school year. (3) School districts participating in the pilot program shall receive state special education funding in accordance with state special education funding formulas and a separate pilot program appropriation from sources other than special education funds. The separate appropriation shall be: (a) The school district’s estimated state special education funding for the current year based on the school district’s average percentage of students age three through twenty-one who were eligible for special education services for the school year before participation as a pilot program as reported to the office of the superintendent of public instruction; minus (b) the school district’s actual state special education funding based on the district’s current percentage of students age three through twenty-one eligible for special education ser28A.630.016 [Title 28A RCW—page 246] vices as reported to [the office of] the superintendent of public instruction. The superintendent shall adjust the factors in (a) of this subsection for one or more participating school districts, where legislative changes to the special education funding formula impact the funding mechanism of this program. (4) Participation in the pilot program shall not increase or decrease a district’s ability to access the safety net for high-cost students by virtue of the district’s participation in the program. Districts participating in the pilot program shall have access to the special education safety net using a modified application approach for the office of the superintendent of public instruction demonstration of financial need. The superintendent shall create a modified application to include all special education revenues received by the district, all pilot program funding, expenditures for students with individual education programs, and expenditures for students generating pilot program revenue. Districts participating in the pilot program that seek safety net funding shall convincingly demonstrate to the safety net committee that any change in demonstrated need is not attributable to their participation in this pilot program. (5) School districts participating in the program must agree to: (a) Implement the program as part of the school district’s general education curriculum for all students; (b) Use a multitiered service delivery system to provide scientific research-based instructional interventions addressing individual student needs in the areas of reading, written language, or mathematics; (c) Develop and implement an assessment system to conduct universal screening, progress monitoring, targeted assessments, and outcome assessments to identify the reading, written language, or mathematics needs of each student and to monitor student progress; (d) Incorporate student-specific data obtained through the pilot program when conducting an evaluation to determine if the student has a disability; (e) Assure that parents are informed of: The amount and nature of student performance data that is collected and the general education services that are provided; the strategies for increasing the student’s rate of learning; the parents’ right to make a referral for special education evaluation if they suspect the student has a disability; and the parents’ right to have input into designed interventions; (f) Assure that parents are provided assessments of achievement at reasonable intervals addressing student progress during instruction; (g) Actively engage parents as partners in the learning process; (h) Comply with state special education requirements; and (i) Participate and provide staff expertise in the design and implementation of an evaluation of the program as determined by the superintendent of public instruction. Districts shall annually review and report progress, including objective measures or indicators that show the progress towards achieving the purpose and goal of the program, to the office of the superintendent of public instruction. (6) By December 15, 2010, the superintendent of public instruction shall submit a report to the governor and appropri(2008 Ed.) Temporary Provisions—Special Projects ate committees of the legislature that summarizes the effectiveness of the pilot program in this section. The report shall also include a recommendation as to whether or not the pilot program should be continued, expanded, or otherwise modified. (7) This section expires June 30, 2011. [2007 c 522 § 959.] Severability—Effective date—2007 c 522: See notes following RCW 15.64.050. HIGH SCHOOL CIVICS CURRICULUM PILOT PROJECT 28A.630.035 Interactive high school civics curriculum—Pilot project—Rules—Reports. (Expires January 31, 2010.) (1) The legislature finds that the complexity of modern political life has created a demand for informed citizens who are willing not only to vote, but also to participate in the elections process. (2) The purpose of this section is to create a pilot project to help graduate students who are better voters, better citizens, and who are ready to take an informed and responsible place in society. (3) The office of the superintendent of public instruction shall work with selected county auditors’ offices to develop an interactive high school civics curriculum to help students learn how to become informed citizens. The curriculum shall meet the requirements for the office of the superintendent of public instruction’s classroom-based assessments. Staff from the office of the superintendent of public instruction shall work directly in the curriculum development. (4) Counties shall apply to, and be selected by, the office of the superintendent of public instruction to participate in the pilot project under this section. A maximum of fifteen counties may participate. (5) The curriculum shall include, but not be limited to: (a) Local government organization; (b) A discussion of ballot measures, initiatives, and referenda; (c) The role of the precinct in defining ballots, candidates, and political activities; (d) The roles and responsibilities of taxing jurisdictions in establishing ballot measures; and (e) The work of conducting elections. (6) The study may include in the curriculum civics essential academic learning requirements relating to examining representative government and citizen participation and analyzing the purposes and organization of government and laws. (7) A curriculum guide shall be developed that will help teachers and students maximize the learning of key issues in civics, and shall include strategies for helping students develop voters’ guide information for ballot issues and candidates who appear on the ballot. This guide should incorporate ideas from other Washington state civics education programs, such as "We the People" and "Project Citizen." The guide should also present ideas for sharing the results of an election with the larger community and with local government officials in productive, meaningful ways. 28A.630.035 (2008 Ed.) 28A.630.045 (8) In addition to the required components of the pilot project under this section, other activities may be included in the project, such as: (a) Conducting mock county elections at schools; and (b) Preparing an advisory issue on which the school would vote, including issue preparation, conducting the election, and preparing a presentation to a local government official on the results of the advisory issue. (9) The pilot project shall operate for the 2006-07 and 2007-08 school years. (10) Funds for the pilot project shall be made available to the office of the superintendent of public instruction for a contract position in civics curriculum and for support costs for soliciting and implementing volunteer participation. (11) The office of the superintendent of public instruction shall adopt rules to implement this section, including rules specifying selection criteria for counties that wish to participate. (12) The superintendent of public instruction shall provide an interim report to appropriate committees of the legislature by December 1, 2008, and a final report by December 1, 2009, detailing the results of the project and budget recommendations for expansion, if appropriate. (13) This section expires January 31, 2010. [2006 c 113 § 3.] Findings—2006 c 113: See note following RCW 28A.230.095. PILOT PROJECT FOR LOCAL CONTROL AND FLEXIBILITY IN ASSESSMENTS 28A.630.045 Local control and flexibility in assessments—Pilot project. (1) Before the beginning of the 200607 school year, the superintendent of public instruction shall request flexibility from the United States department of education to conduct a pilot project with a limited number of local school districts regarding the academic assessments administered for the purpose of complying with P.L. 107110, the no child left behind act of 2001. The superintendent shall request the flexibility to pilot, with no more than six school districts and for a specified length of time, an assessment other than the Washington assessment of student learning in grades three, five, six, and eight for reading and mathematics. The purpose of the pilot project is to determine whether a different assessment provides greater local control and flexibility while maintaining the testing standards and continuity of student performance measurement expected by the federal law. (2) In selecting the assessment for the pilot project and developing the request for flexibility, the superintendent of public instruction shall work with local school directors, district and school administrators, teachers, principals, other school staff, and parents. All districts in the pilot project shall use the same assessment. (3) School districts in the pilot project shall be of varying sizes and geographic locations, including urban, suburban, and rural areas, and shall enroll ethnically and economically diverse student populations. (4) If the request for flexibility is granted, the superintendent shall revise the Washington state accountability plan required under section 1111 of P.L. 107-110 to incorporate the pilot project into the plan, and school districts participat28A.630.045 [Title 28A RCW—page 247] 28A.630.055 Title 28A RCW: Common School Provisions ing in the pilot project shall not be required to administer the Washington assessment of student learning in grades three, five, six, and eight in reading and mathematics during the pilot project. At the end of the pilot project, the superintendent shall evaluate whether the assessment under the pilot project can be used on a statewide basis to comply with P.L. 107-110 and shall forward findings and recommendations to the legislature and to the United States department of education. [2006 c 175 § 1.] COMPREHENSIVE K-3 FOUNDATIONS PROGRAM DEMONSTRATION PROJECTS 28A.630.055 Comprehensive K-3 foundations program—Demonstration projects—Evaluation—Reports. (Expires September 1, 2010.) Subject to funds appropriated for the purposes of this section: (1) Four demonstration projects are authorized for schools serving kindergarten through third grade students to develop, implement, and document the effects of a comprehensive K-3 foundations program. At least two demonstration projects shall be in schools that are participating in the public-private early learning partnerships in the Highline and Yakima school districts. A third demonstration project shall be in the Spokane school district. (2) The superintendent of public instruction shall select project participants based on the criteria in this section, the commitment to a school-wide program, and the degree to which applicants articulate an understanding of development and implementation of a comprehensive K-3 foundations program. (3) Successful school applicants shall: (a) Demonstrate that there is engaged and committed school and district leadership and support for the project; (b) Demonstrate that school staff is engaged and committed and believes in high expectations for all students; (c) Have a history of successfully using data to guide decision making for students and the program; (d) Plan for the use of staff learning improvement days to support project implementation; (e) Demonstrate successful linkages with the early learning providers in their communities; (f) Outline the steps taken to develop this application and the general plan for implementation of a comprehensive K-3 foundations program; and (g) Commit to individualized learning opportunities in early grades by using district resources, such as funding under RCW 28A.505.210, to reduce class sizes in grades kindergarten through three. (4) Program resources provided to demonstration projects are: (a) Support to implement an all-day kindergarten program; (b) Support for class sizes at a ratio of one teacher to eighteen students, and the additional resources for materials generated by that ratio through associated nonemployeerelated costs; (c) Support for a one-half full-time equivalent instructional coach; and (d) Support for professional development time related to program implementation. 28A.630.055 [Title 28A RCW—page 248] (5) Demonstration projects shall provide: (a) A program that implements an educational philosophy that supports child-centered learning; (b) Learning opportunities through personal exploration and discovery, hands-on experiences, and by working independently, in small groups and in large groups; (c) Rich and varied subject matter that includes: Reading, writing, mathematics, science, social studies, a world language other than English, the arts, and health and physical education; (d) Opportunities to learn and feel accomplishment, diligence, creativity, and confidence; (e) Social and emotional development opportunities; (f) Personalized assessment for each student that addresses academic knowledge and skill development, social and emotional skill development, critical thinking and decision-making skills, large and fine motor skill development, and knowledge of personal interests, strengths, and goals; (g) For students to progress to the upper elementary grades when a solid foundation is in place and reading and mathematics primary skills have been mastered; (h) Class sizes that do not exceed one certificated instructional staff to eighteen students; and (i) Cooperation with project evaluators in an evaluation of the demonstration projects, including providing the data necessary to complete the work. (6) The office of the superintendent of public instruction shall contract with the Northwest regional educational laboratory to conduct an evaluation of the demonstration projects under this section. Student, staff, program, and parent data shall be collected using various instruments including surveys, program and activity descriptions, student performance measures, observations, and other processes. (7) Within available funding, findings from the evaluation under this section shall include conclusions regarding the degree to which students thrive in the education environment; student progress in academic, social, and emotional areas; the program components that have been most important to student success; the degree to which educational staff feel accomplished in their work and satisfied with student progress; and recommendations for continued implementation and expansion of the program. (8) Findings shall be reported to the governor, the office of the superintendent of public instruction, and the appropriate early learning, education, and fiscal committees of the legislature. An interim report is due November 1, 2008. The final report is due December 1, 2009. (9) This section expires September 1, 2010. [2007 c 400 § 3.] Capt ion s n ot l aw— 200 7 c 400 : See no te fol lo win g R CW 28A.150.210. ENGLISH AS A SECOND LANGUAGE DEMONSTRATION PROJECT 28A.630.058 English as a second language demonstration project—Reports. (Expires September 1, 2010.) (1) The goals of the English as a second language demonstration project are to develop recommendations: (a) Identifying foundational competencies for developing academic English skills in English language learner stu28A.630.058 (2008 Ed.) Temporary Provisions—Special Projects dents that all teachers should acquire in initial teacher preparation programs; (b) Identifying components of a professional development program that builds classroom teacher competence for developing academic English skills in English language learner students; and (c) Identifying job-embedded practices that connect the English language learner teacher and classroom teachers to coordinate instruction to support the work of the student. (2) The English as a second language demonstration project shall use two field strategies in the development of recommendations. (a) The first strategy is to conduct a field study of an ongoing project in a number of schools and school districts in which Spanish is the predominate language other than English. (b) The second strategy is to conduct a project that provides professional development and planning time resources to approximately three large schools in which there are many first languages among the students. The participants of this project shall partner with an institution of higher education or a professional development provider with expertise in supporting student acquisition of academic English. The superintendent of public instruction shall select the participants in the project under this subsection (2)(b). (3)(a) The office of the superintendent of public instruction shall contract with the Northwest regional educational laboratory to conduct the field study work and collect additional information from the project schools. In conducting its work, the laboratory shall review current literature regarding best practices and consult with state and national experts as appropriate. (b) The laboratory shall report its findings to the governor, the office of the superintendent of public instruction, and the education and fiscal committees of the legislature. An interim report is due November 1, 2008. The final report is due December 1, 2009. (4) This section expires September 1, 2010. [2007 c 400 § 4.] Capti ons no t la w— 200 7 c 400: See no te fol lo win g RC W 28A.150.210. DEVELOPMENT OF EDUCATIONAL PARAPROFESSIONAL TRAINING PROGRAM 28A.630.400 Paraeducator associate of arts degree. (1) The professional educator standards board and the state board for community and technical colleges, in consultation with the superintendent of public instruction, the higher education coordinating board, the state apprenticeship training council, and community colleges, shall adopt rules as necessary under chapter 34.05 RCW to implement the paraeducator associate of arts degree. (2) As used in this section, a "paraeducator" is an individual who has completed an associate of arts degree for a paraeducator. The paraeducator may be hired by a school district to assist certificated instructional staff in the direct instruction of children in small and large groups, individualized instruction, testing of children, recordkeeping, and preparation of materials. The paraeducator shall work under the direction of instructional certificated staff. 28A.630.400 (2008 Ed.) 28A.630.881 (3) The training program for a paraeducator associate of arts degree shall include, but is not limited to, the general requirements for receipt of an associate of arts degree and training in the areas of introduction to childhood education, orientation to children with disabilities, fundamentals of childhood education, creative activities for children, instructional materials for children, fine art experiences for children, the psychology of learning, introduction to education, child health and safety, child development and guidance, first aid, and a practicum in a school setting. (4) Consideration shall be given to transferability of credit earned in this program to teacher preparation programs at colleges and universities. [2006 c 263 § 815. Prior: 1995 c 335 § 202; 1995 c 77 § 27; 1991 c 285 § 2; 1989 c 370 § 1. Formerly RCW 28A.04.180.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360. AT-RISK STUDENTS 28A.630.810 Rules. The superintendent of public instruction shall adopt rules as necessary under chapter 34.05 RCW to carry out the provisions of chapter 233, Laws of 1989. [1989 c 233 § 17. Formerly RCW 28A.120.800.] 28A.630.810 SCHOOL-TO-WORK TRANSITION PROJECT 28A.630.881 School-to-work transition project— Findings—Intent—Outreach—Technical assistance. (1) The legislature finds that students who do not prepare for postsecondary education, training, and employment are more likely to become dependent on state assistance programs than those who do make such preparation and that long-term employment and earning outcomes for youth can be significantly improved through school-to-work transition efforts, particularly through work-based learning experiences. The legislature intends that every effort be made to involve all youth in preparation for postsecondary education, training, and employment, including out-of-school youth. (2) Washington is engaged in developing school-to-work transitions for all youth, which involves preparation for postsecondary education, training, and employment and requires outreach to out-of-school youth. All school-to-work transition projects in the state, therefore, whether funded by state or federal funds, shall contain an outreach component directed toward school-age youth not currently enrolled in school and demonstrate the involvement of all in-school youth in preparation for postsecondary education or training or employment. At the time a school-to-work grant is made, the superintendent of public instruction shall withhold twenty percent of the grant award and release the funds upon a showing that the project has satisfactorily included outreach to out-ofschool youth and progress in involving students not traditionally engaged in preparation for postsecondary education, training, or employment. (3) The office of the superintendent of public instruction shall provide technical assistance to ensure that school districts establish and operate outreach efforts under this section, 28A.630.881 [Title 28A RCW—page 249] Chapter 28A.635 Title 28A RCW: Common School Provisions and to include out-of-school youth in school-to-work efforts within available funds. [1997 c 58 § 304.] Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Chapter 28A.635 RCW OFFENSES RELATING TO SCHOOL PROPERTY AND PERSONNEL Chapter 28A.635 Sections 28A.635.010 Abusing or insulting teachers, liability for—Penalty. 28A.635.020 Willfully disobeying school administrative personnel or refusing to leave public property, violations, when—Penalty. 28A.635.030 Disturbing school, school activities or meetings—Penalty. 28A.635.040 Examination questions—Disclosing—Penalty. 28A.635.050 Certain corrupt practices of school officials—Penalty. 28A.635.060 Defacing or injuring school property—Liability of pupil, parent, or guardian—Withholding grades, diploma, or transcripts—Suspension and restitution—Voluntary work program as alternative—Rights protected. 28A.635.070 Property, failure of officials or employees to account for— Mutilation by—Penalties. 28A.635.080 Director’s connivance to employ uncertified teachers—Liability. 28A.635.090 Interference by force or violence—Penalty. 28A.635.100 Intimidating any administrator, teacher, classified employee, or student by threat of force or violence unlawful—Penalty. 28A.635.110 Violations under RCW 28A.635.090 and 28A.635.100— Disciplinary authority exception. Educational employment relations act: Chapter 41.59 RCW. 28A.635.010 Abusing or insulting teachers, liability for—Penalty. Any person who shall insult or abuse a teacher anywhere on the school premises while such teacher is carrying out his or her official duties, shall be guilty of a misdemeanor, the penalty for which shall be a fine of not less than ten dollars nor more than one hundred dollars. [1990 c 33 § 536; 1984 c 258 § 314; 1969 ex.s. c 199 § 55; 1969 ex.s. c 223 § 28A.87.010. Prior: 1909 c 97 p 360 § 11; RRS § 5054; prior: 1903 c 156 § 11; 1897 c 118 § 169; 1890 p 383 § 86. Formerly RCW 28A.87.010, 28.87.010.] 28A.635.010 Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Intent—1984 c 258: See note following RCW 3.34.130. 28A.635.020 Willfully disobeying school administrative personnel or refusing to leave public property, violations, when—Penalty. (1) It shall be unlawful for any person to willfully disobey the order of the chief administrative officer of a public school district, or of an authorized designee of any such administrator, to leave any motor vehicle, building, grounds or other property which is owned, operated or controlled by the school district if the person so ordered is under the influence of alcohol or drugs, or is committing, threatens to imminently commit or incites another to imminently commit any act which would disturb or interfere with or obstruct any lawful task, function, process or procedure of the school district or any lawful task, function, process or procedure of any student, official, employee or invitee of the school district. The order of a school officer or designee acting pursuant to this subsection shall be valid if the officer or designee reasonably believes a person ordered to leave is 28A.635.020 [Title 28A RCW—page 250] under the influence of alcohol or drugs, is committing acts, or is creating a disturbance as provided in this subsection. (2) It shall be unlawful for any person to refuse to leave public property immediately adjacent to a building, grounds or property which is owned, operated or controlled by a school district when ordered to do so by a law enforcement officer if such person is engaging in conduct which creates a substantial risk of causing injury to any person, or substantial harm to property, or such conduct amounts to disorderly conduct under RCW 9A.84.030. (3) Nothing in this section shall be construed to prohibit or penalize activity consisting of the lawful exercise of freedom of speech, freedom of press and the right to peaceably assemble and petition the government for a redress of grievances: PROVIDED, That such activity neither does or threatens imminently to materially disturb or interfere with or obstruct any lawful task, function, process or procedure of the school district, or any lawful task, function, process or procedure of any student, official, employee or invitee of the school district: PROVIDED FURTHER, That such activity is not conducted in violation of a prohibition or limitation lawfully imposed by the school district upon entry or use of any motor vehicle, building, grounds or other property which is owned, operated or controlled by the school district. (4) Any person guilty of violating this section shall be deemed guilty of a gross misdemeanor punishable as provided in chapter 9A.20 RCW. [1997 c 266 § 6; 1981 c 36 § 1; 1975-’76 2nd ex.s. c 100 § 1. Formerly RCW 28A.87.055.] Findings—Intent—Severability—1997 c 266: See notes following RCW 28A.600.455. Severability—1975-’76 2nd ex.s. c 100: "If any provision of this 1976 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975-’76 2nd ex.s. c 100 § 3.] 28A.635.030 Disturbing school, school activities or meetings—Penalty. Any person who shall willfully create a disturbance on school premises during school hours or at school activities or school meetings shall be guilty of a misdemeanor, the penalty for which shall be a fine in any sum not more than fifty dollars. [1984 c 258 § 315; 1969 ex.s. c 199 § 57; 1969 ex.s. c 223 § 28A.87.060. Prior: 1909 c 97 p 361 § 12; RRS § 5055; prior: 1903 c 156 § 12; 1897 c 118 § 170; 1890 p 383 § 87. Formerly RCW 28A.87.060, 28.87.060.] 28A.635.030 Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Intent—1984 c 258: See note following RCW 3.34.130. 28A.635.040 Examination questions—Disclosing— Penalty. Any person having access to any question or questions prepared for the examination of teachers or common school pupils, who shall directly or indirectly disclose the same before the time appointed for the use of the questions in the examination of such teachers or pupils, or who shall directly or indirectly assist any person to answer any question submitted, shall be guilty of a misdemeanor, the penalty for which shall be a fine in any sum not less than one hundred nor more than five hundred dollars. [1984 c 258 § 316; 1969 ex.s. c 199 § 58; 1969 ex.s. c 223 § 28A.87.070. Prior: 1909 28A.635.040 (2008 Ed.) Offenses Relating to School Property and Personnel c 97 p 357 § 1; RRS § 5043; prior: 1903 c 156 § 1; 1897 c 118 § 159. Formerly RCW 28A.87.070, 28.87.070.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Intent—1984 c 258: See note following RCW 3.34.130. 28A.635.050 28A.635.050 Certain corrupt practices of school officials—Penalty. (1) Except as otherwise provided in chapter 42.23 RCW, it shall be unlawful for any member of the state board of education, the superintendent of public instruction or any employee of the superintendent’s office, any educational service district superintendent, any school district superintendent or principal, or any director of any school district, to request or receive, directly or indirectly, anything of value for or on account of his or her influence with respect to any act or proceeding of the state board of education, the office of the superintendent of public instruction, any office of educational service district superintendent or any school district, or any of these, when such act or proceeding shall inure to the benefit of those offering or giving the thing of value. (2) Any willful violation of this section is a misdemeanor. [2003 c 53 § 168; 1990 c 33 § 537; 1975 1st ex.s. c 275 § 143; 1969 ex.s. c 176 § 150; 1969 ex.s. c 223 § 28A.87.090. Prior: 1917 c 126 § 1; RRS § 5050. Formerly RCW 28A.87.090, 28.87.090.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010. 28A.635.060 28A.635.060 Defacing or injuring school property— Liability of pupil, parent, or guardian—Withholding grades, diploma, or transcripts—Suspension and restitution—Voluntary work program as alternative—Rights protected. (1) Any pupil who defaces or otherwise injures any school property, or property belonging to a school contractor, employee, or another student, is subject to suspension and punishment. If any property of the school district, a contractor of the district, an employee, or another student has been lost or willfully cut, defaced, or injured, the school district may withhold the grades, diploma, and transcripts of the pupil responsible for the damage or loss until the pupil or the pupil’s parent or guardian has paid for the damages. If the student is suspended, the student may not be readmitted until the student or parents or legal guardian has made payment in full or until directed by the superintendent of schools. If the property damaged is a school bus owned and operated by or contracted to any school district, a student suspended for the damage may not be permitted to enter or ride any school bus until the student or parent or legal guardian has made payment in full or until directed by the superintendent. When the pupil and parent or guardian are unable to pay for the damages, the school district shall provide a program of voluntary work for the pupil in lieu of the payment of monetary damages. Upon completion of voluntary work the grades, diploma, and transcripts of the pupil shall be released. The parent or guardian of such pupil shall be liable for damages as otherwise provided by law. (2008 Ed.) 28A.635.090 (2) Before any penalties are assessed under this section, a school district board of directors shall adopt procedures which insure that pupils’ rights to due process are protected. (3) If the department of social and health services or a child-placing agency licensed by the department has been granted custody of a child, that child’s records, if requested by the department or agency, are not to be withheld for nonpayment of school fees or any other reason. [1997 c 266 § 13; 1994 c 304 § 1; 1993 c 347 § 3; 1989 c 269 § 6; 1982 c 38 § 1; 1969 ex.s. c 223 § 28A.87.120. Prior: 1909 c 97 p 361 § 41; RRS § 5057; prior: 1903 c 156 § 14; 1897 c 118 § 172; 1890 p 372 § 48. Formerly RCW 28A.87.120, 28.87.120.] Findings—Intent—Severability—1997 c 266: See notes following RCW 28A.600.455. Effective date—1994 c 304: "This act shall take effect July 1, 1994." [1994 c 304 § 4.] Action against parent for willful injury to property by minor—Monetary limitation—Common law liability preserved: RCW 4.24.190. 28A.635.070 Property, failure of officials or employees to account for—Mutilation by—Penalties. Any school district official or employee who shall refuse or fail to deliver to his or her qualified successor all books, papers, and records pertaining to his or her position, or who shall willfully mutilate or destroy any such property, or any part thereof, shall be guilty of a misdemeanor, the penalty for which shall be a fine not to exceed one hundred dollars: PROVIDED, That for each day there is a refusal or failure to deliver to a successor books, papers and records, a separate offense shall be deemed to have occurred. [1990 c 33 § 538; 1984 c 258 § 317; 1969 ex.s. c 199 § 60; 1969 ex.s. c 223 § 28A.87.130. Prior: 1909 c 97 p 359 § 7, part; RRS § 5049, part; prior: 1907 c 240 § 16, part; 1903 c 156 § 7, part; 1897 c 118 § 165, part. Formerly RCW 28A.87.130, 28.87.130, part.] 28A.635.070 Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Intent—1984 c 258: See note following RCW 3.34.130. 28A.635.080 Director’s connivance to employ uncertified teachers—Liability. Any school district director who shall aid in or give his or her consent to the employment of a teacher who is not the holder of a valid teacher’s certificate issued under authority of chapter 28A.410 RCW authorizing him or her to teach in the school district by which employed shall be personally liable to his or her district for any loss which it may sustain by reason of the employment of such person. [1990 c 33 § 539; 1969 ex.s. c 223 § 28A.87.135. Prior: 1909 c 97 p 359 § 7, part; RRS § 5049, part; prior: 1907 c 240 § 16, part; 1903 c 156 § 7, part; 1897 c 118 § 165, part. Formerly RCW 28A.87.135, 28.87.130, part, 28.87.160.] 28A.635.080 28A.635.090 Interference by force or violence—Penalty. (1) It shall be unlawful for any person, singly or in concert with others, to interfere by force or violence with any administrator, teacher, classified employee, person under contract with the school or school district, or student of any common school who is in the peaceful discharge or conduct of his or her duties or studies. Any such interference by force or violence committed by a student shall be grounds for immediate suspension or expulsion of the student. 28A.635.090 [Title 28A RCW—page 251] 28A.635.100 Title 28A RCW: Common School Provisions (2) A person violating this section is guilty of a gross misdemeanor and shall be fined not more than five hundred dollars, or imprisoned in jail not more than six months, or both such fine and imprisonment. [2003 c 53 § 169; 1996 c 321 § 3; 1990 c 33 § 540; 1988 c 2 § 1; 1971 c 45 § 3. Formerly RCW 28A.87.230.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 28A.635.100 Intimidating any administrator, teacher, classified employee, or student by threat of force or violence unlawful—Penalty. (1) It shall be unlawful for any person, singly or in concert with others, to intimidate by threat of force or violence any administrator, teacher, classified employee, or student of any common school who is in the peaceful discharge or conduct of his or her duties or studies. (2) A person violating this section is guilty of a gross misdemeanor and shall be fined not more than five hundred dollars, or imprisoned in jail not more than six months, or both such fine and imprisonment. [2003 c 53 § 170; 1990 c 33 § 541; 1988 c 2 § 2; 1971 c 45 § 4. Formerly RCW 28A.87.231.] 28A.635.100 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 28A.635.110 Violations under RCW 28A.635.090 and 28A.635.100—Disciplinary authority exception. The crimes defined in RCW 28A.635.090 and 28A.635.100 shall not apply to school administrators, teachers, or classified employees who are engaged in the reasonable exercise of their disciplinary authority. [1990 c 33 § 542; 1988 c 2 § 3; 1971 c 45 § 5. Formerly RCW 28A.87.232.] 28A.635.110 Chapter 28A.640 Chapter 28A.640 RCW SEXUAL EQUALITY Sections 28A.640.010 Purpose—Discrimination prohibited. 28A.640.020 Regulations, guidelines to eliminate discrimination— Scope—Sexual harassment policies. 28A.640.030 Administration. 28A.640.040 Civil relief for violations. 28A.640.050 Enforcement—Superintendent’s orders, scope. 28A.640.900 Chapter supplementary. Discrimination—Separation of sexes in dormitories, residence halls, etc.: RCW 49.60.222. 28A.640.010 Purpose—Discrimination prohibited. Inequality in the educational opportunities afforded women and girls at all levels of the public schools in Washington state is a breach of Article XXXI, section 1, Amendment 61, of the Washington state Constitution, requiring equal treatment of all citizens regardless of sex. This violation of rights has had a deleterious effect on the individuals affected and on society. Recognizing the benefit to our state and nation of equal educational opportunities for all students, discrimination on the basis of sex for any student in grades K-12 of the Washington public schools is prohibited. [1975 1st ex.s. c 226 § 1. Formerly RCW 28A.85.010.] 28A.640.010 Severability—1975 1st ex.s. c 226: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of [Title 28A RCW—page 252] the act, or the application of the provision to other persons or circumstances is not affected." [1975 1st ex.s. c 226 § 8.] 28A.640.020 Regulations, guidelines to eliminate discrimination—Scope—Sexual harassment policies. (1) The superintendent of public instruction shall develop regulations and guidelines to eliminate sex discrimination as it applies to public school employment, counseling and guidance services to students, recreational and athletic activities for students, access to course offerings, and in textbooks and instructional materials used by students. (a) Specifically with respect to public school employment, all schools shall be required to: (i) Maintain credential requirements for all personnel without regard to sex; (ii) Make no differentiation in pay scale on the basis of sex; (iii) Assign school duties without regard to sex except where such assignment would involve duty in areas or situations, such as but not limited to a shower room, where persons might be disrobed; (iv) Provide the same opportunities for advancement to males and females; and (v) Make no difference in conditions of employment including, but not limited to, hiring practices, leaves of absence, hours of employment, and assignment of, or pay for, instructional and noninstructional duties, on the basis of sex. (b) Specifically with respect to counseling and guidance services for students, they shall be made available to all students equally. All certificated personnel shall be required to stress access to all career and vocational opportunities to students without regard to sex. (c) Specifically with respect to recreational and athletic activities, they shall be offered to all students without regard to sex. Schools may provide separate teams for each sex. Schools which provide the following shall do so with no disparities based on sex: Equipment and supplies; medical care; services and insurance; transportation and per diem allowances; opportunities to receive coaching and instruction; laundry services; assignment of game officials; opportunities for competition, publicity and awards; scheduling of games and practice times including use of courts, gyms, and pools: PROVIDED, That such scheduling of games and practice times shall be determined by local administrative authorities after consideration of the public and student interest in attending and participating in various recreational and athletic activities. Each school which provides showers, toilets, or training room facilities for athletic purposes shall provide comparable facilities for both sexes. Such facilities may be provided either as separate facilities or shall be scheduled and used separately by each sex. The superintendent of public instruction shall also be required to develop a student survey to distribute every three years to each local school district in the state to determine student interest for male/ female participation in specific sports. (d) Specifically with respect to course offerings, all classes shall be required to be available to all students without regard to sex: PROVIDED, That separation is permitted within any class during sessions on sex education or gym classes. 28A.640.020 (2008 Ed.) Appeals from Board (e) Specifically with respect to textbooks and instructional materials, which shall also include, but not be limited to, reference books and audio-visual materials, they shall be required to adhere to the guidelines developed by the superintendent of public instruction to implement the intent of this chapter: PROVIDED, That this subsection shall not be construed to prohibit the introduction of material deemed appropriate by the instructor for educational purposes. (2)(a) By December 31, 1994, the superintendent of public instruction shall develop criteria for use by school districts in developing sexual harassment policies as required under (b) of this subsection. The criteria shall address the subjects of grievance procedures, remedies to victims of sexual harassment, disciplinary actions against violators of the policy, and other subjects at the discretion of the superintendent of public instruction. Disciplinary actions must conform with collective bargaining agreements and state and federal laws. The superintendent of public instruction also shall supply sample policies to school districts upon request. (b) By June 30, 1995, every school district shall adopt and implement a written policy concerning sexual harassment. The policy shall apply to all school district employees, volunteers, parents, and students, including, but not limited to, conduct between students. (c) School district policies on sexual harassment shall be reviewed by the superintendent of public instruction considering the criteria established under (a) of this subsection as part of the monitoring process established in RCW 28A.640.030. (d) The school district’s sexual harassment policy shall be conspicuously posted throughout each school building, and provided to each employee. A copy of the policy shall appear in any publication of the school or school district setting forth the rules, regulations, procedures, and standards of conduct for the school or school district. (e) Each school shall develop a process for discussing the district’s sexual harassment policy. The process shall ensure the discussion addresses the definition of sexual harassment and issues covered in the sexual harassment policy. (f) "Sexual harassment" as used in this section means unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature if: (i) Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining an education or employment; (ii) Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual’s education or employment; or (iii) That conduct or communication has the purpose or effect of substantially interfering with an individual’s educational or work performance, or of creating an intimidating, hostile, or offensive educational or work environment. [1994 c 213 § 1; 1975 1st ex.s. c 226 § 2. Formerly RCW 28A.85.020.] Severability—1975 1st ex.s. c 226: See note following RCW 28A.640.010. 28A.640.030 Administration. The office of the superintendent of public instruction shall be required to monitor 28A.640.030 (2008 Ed.) 28A.645.010 the compliance by local school districts with this chapter, shall establish a compliance timetable and regulations for enforcement of this chapter, and shall establish guidelines for affirmative action programs to be adopted by all school districts. [1975 1st ex.s. c 226 § 3. Formerly RCW 28A.85.030.] Severability—1975 1st ex.s. c 226: See note following RCW 28A.640.010. 28A.640.040 Civil relief for violations. Any person aggrieved by a violation of this chapter, or aggrieved by the violation of any regulation or guideline adopted hereunder, shall have a right of action in superior court for civil damages and such equitable relief as the court shall determine. [1975 1st ex.s. c 226 § 4. Formerly RCW 28A.85.040.] 28A.640.040 Severability—1975 1st ex.s. c 226: See note following RCW 28A.640.010. 28A.640.050 Enforcement—Superintendent’s orders, scope. The superintendent of public instruction shall have the power to enforce and obtain compliance with the provisions of this chapter and the regulations and guidelines adopted pursuant thereto by appropriate order made pursuant to chapter 34.05 RCW, which order, by way of illustration, may include, the termination of all or part of state apportionment or categorical moneys to the offending school district, the termination of specified programs in which violations may be flagrant within the offending school district, the institution of a mandatory affirmative action program within the offending school district, and the placement of the offending school district on probation with appropriate sanctions until compliance is achieved. [1975 1st ex.s. c 226 § 5. Formerly RCW 28A.85.050.] 28A.640.050 Severability—1975 1st ex.s. c 226: See note following RCW 28A.640.010. 28A.640.900 Chapter supplementary. This chapter shall be supplementary to, and shall not supersede, existing law and procedures and future amendments thereto relating to unlawful discrimination based on sex. [1975 1st ex.s. c 226 § 6. Formerly RCW 28A.85.900.] 28A.640.900 Severability—1975 1st ex.s. c 226: See note following RCW 28A.640.010. Chapter 28A.645 Chapter 28A.645 RCW APPEALS FROM BOARD Sections 28A.645.010 28A.645.020 28A.645.030 28A.645.040 Appeals—Notice of—Scope—Time limitation. Transcript filed, certified. Appeal to be heard de novo and expeditiously. Certified copy of decision to county assessor when school district boundaries changed. Educational employment relations act: Chapter 41.59 RCW. 28A.645.010 Appeals—Notice of—Scope—Time limitation. Any person, or persons, either severally or collectively, aggrieved by any decision or order of any school official or board, within thirty days after the rendition of such decision or order, or of the failure to act upon the same when properly presented, may appeal the same to the superior court of the county in which the school district or part thereof is sit28A.645.010 [Title 28A RCW—page 253] 28A.645.020 Title 28A RCW: Common School Provisions uated, by filing with the secretary of the school board if the appeal is from board action or failure to act, otherwise with the proper school official, and filing with the clerk of the superior court, a notice of appeal which shall set forth in a clear and concise manner the errors complained of. Appeals by teachers, principals, supervisors, superintendents, or other certificated employees from the actions of school boards with respect to discharge or other action adversely affecting their contract status, or failure to renew their contracts for the next ensuing term shall be governed by the appeal provisions of chapters 28A.400 and 28A.405 RCW therefor and in all other cases shall be governed by chapter 28A.645 RCW. [1990 c 33 § 544; 1971 ex.s. c 282 § 40; 1969 ex.s. c 34 § 17; 1969 ex.s. c 223 § 28A.88.010. Prior: 1961 c 241 § 9; 1909 c 97 p 362 § 1; RRS § 5064. Formerly RCW 28A.88.010, 28.88.010.] [SLC-RO-1.] Seve ra bi li ty—1 971 e x.s. c 282 : Se e no te fo llo wing R CW 28A.310.010. RCW 28A.645.010 not applicable to contract renewal of school superintendent: RCW 28A.400.010. 28A.645.020 Transcript filed, certified. Within twenty days of service of the notice of appeal, the school board, at its expense, or the school official, at such official’s expense, shall file the complete transcript of the evidence and the papers and exhibits relating to the decision for which a complaint has been filed. Such filings shall be certified to be correct. [1971 ex.s. c 282 § 41. Formerly RCW 28A.88.013.] 28A.645.020 Seve ra bi li ty—1 971 e x.s. c 282 : Se e no te fo llo wing R CW 28A.310.010. 28A.645.030 Appeal to be heard de novo and expeditiously. Any appeal to the superior court shall be heard de novo by the superior court. Such appeal shall be heard expeditiously. [1971 ex.s. c 282 § 42. Formerly RCW 28A.88.015.] 28A.650.035 28A.650.040 28A.650.900 28A.650.901 Education technology account. Rules. Findings—Intent—Part headings not law—1993 c 336. Findings—1993 c 336. 28A.650.005 Findings—Intent. The legislature recognizes that up-to-date tools will help students learn. Workplace technology requirements will continue to change and students should be knowledgeable in the use of technologies. Furthermore, the legislature finds that the Washington systemic initiative is a broad-based effort to promote widespread public literacy in mathematics, science, and technology. An important component of the systemic initiative is the universal electronic access to information by students. It is the intent of the legislature that components of RCW 28A.650.010 through 28A.650.025 will support the statewide systemic reform effort in mathematics, science, and technology as envisioned by the Washington systemic initiative. [1993 c 336 § 701.] 28A.650.005 28A.650.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Education technology" or "technology" means the effective use of electronic and optical tools, including telephones, and electronic and optical pathways in helping students learn. (2) "Network" means integrated linking of education technology systems in schools for transmission of voice, data, video, or imaging, or a combination of these. [1993 c 336 § 702.] 28A.650.010 28A.645.030 Seve ra bi li ty—1 971 e x.s. c 282 : Se e no te fo llo wing R CW 28A.310.010. 28A.645.040 Certified copy of decision to county assessor when school district boundaries changed. In cases of appeal resulting in the change of any school district boundaries the decision shall within five days thereafter be also certified by the proper officer to the county assessor of the county, or to the county assessors of the counties, wherein the territory may lie. [1969 ex.s. c 223 § 28A.88.090. Prior: 1909 c 97 p 364 § 8; RRS § 5071. Formerly RCW 28A.88.090, 28.88.090.] 28A.645.040 Chapter 28A.650 Chapter 28A.650 RCW EDUCATION TECHNOLOGY Sections 28A.650.005 Findings—Intent. 28A.650.010 Definitions. 28A.650.015 Education technology plan—Educational technology advisory committee. 28A.650.020 Regional educational technology support centers—Advisory councils. 28A.650.025 Distribution of funds for regional educational technology support centers. 28A.650.030 Distribution of funds to expand the education statewide network. [Title 28A RCW—page 254] 28A.650.015 Education technology plan—Educational technology advisory committee. (1) The superintendent of public instruction, to the extent funds are appropriated, shall develop and implement a Washington state K-12 education technology plan. The technology plan shall be updated on at least a biennial basis, shall be developed to coordinate and expand the use of education technology in the common schools of the state. The plan shall be consistent with applicable provisions of chapter 43.105 RCW. The plan, at a minimum, shall address: (a) The provision of technical assistance to schools and school districts for the planning, implementation, and training of staff in the use of technology in curricular and administrative functions; (b) The continued development of a network to connect school districts, institutions of higher learning, and other sources of online information; and (c) Methods to equitably increase the use of education technology by students and school personnel throughout the state. (2) The superintendent of public instruction shall appoint an educational technology advisory committee to assist in the development and implementation of the technology plan in subsection (1) of this section. The committee shall include, but is not limited to, persons representing: The department of information services, educational service districts, school directors, school administrators, school principals, teachers, classified staff, higher education faculty, parents, students, business, labor, scientists and mathematicians, the higher 28A.650.015 (2008 Ed.) Academic Achievement and Accountability education coordinating board, the workforce training and education coordinating board, and the state library. [2006 c 263 § 917; 1995 c 335 § 507; 1994 c 245 § 2; 1993 c 336 § 703.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360. 28A.650.020 Regional educational technology support centers—Advisory councils. Educational service districts shall establish, subject to available funding, regional educational technology support centers for the purpose of providing ongoing educator training, school district cost-benefit analysis, long-range planning, network planning, distance learning access support, and other technical and programmatic support. Each educational service district shall establish a representative advisory council to advise the educational service district in the expenditure of funds provided to the technology support centers. [1993 c 336 § 705.] 28A.655.005 RCW governing the operation and scope of this chapter. [1993 c 336 § 709.] 28A.650.900 Findings—Intent—Part headings not law—1993 c 336. See notes following RCW 28A.150.210. 28A.650.900 28A.650.901 Findings—1993 c 336. See note following RCW 28A.150.210. 28A.650.901 28A.650.020 Reviser’s note: 1993 c 336 directed that this section be added to chapter 28A.310 RCW. This section has been codified in chapter 28A.650 RCW, which relates more directly to educational technology. 28A.650.025 Distribution of funds for regional educational technology support centers. The superintendent of public instruction, to the extent funds are appropriated, shall distribute funds to educational service districts on a grant basis for the regional educational technology support centers established in RCW 28A.650.020. [1993 c 336 § 706.] 28A.650.025 28A.650.030 Distribution of funds to expand the education statewide network. The superintendent of public instruction, to the extent funds are appropriated, shall distribute funds to the Washington school information processing cooperative and to school districts on a grant basis, from moneys appropriated for the purposes of this section, for equipment, networking, and software to expand the current K-12 education statewide network. [1993 c 336 § 707.] 28A.650.030 28A.650.035 Education technology account. (1) The superintendent of public instruction may receive such gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of educational technology and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments. (2) The education technology account is hereby established in the custody of the state treasurer. The superintendent of public instruction shall deposit in the account all moneys received from gifts, grants, or endowments for education technology. Moneys in the account may be spent only for education technology. Disbursements from the account shall be on authorization of the superintendent of public instruction or the superintendent’s designee. The account is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements. [1993 c 336 § 708.] 28A.650.035 28A.650.040 Rules. The superintendent of public instruction shall adopt rules as necessary under chapter 34.05 28A.650.040 (2008 Ed.) Chapter 28A.655 Chapter 28A.655 RCW ACADEMIC ACHIEVEMENT AND ACCOUNTABILITY Sections 28A.655.005 28A.655.010 28A.655.061 Findings. Washington commission on student learning—Definitions. High school assessment system—Certificate of academic achievement requirements—Exemptions—Options to retake high school assessment—Objective alternative assessment—Student learning plans. 28A.655.0611 Graduation without certificate of academic achievement or certificate of individual achievement. 28A.655.063 Objective alternative assessments—Reimbursement of costs—Testing fee waivers. 28A.655.065 Objective alternative assessment methods—Appeals from assessment scores—Waivers and appeals from assessment requirements—Rules. 28A.655.066 Statewide end-of-course assessments for high school mathematics—Use for Washington assessment of student learning. 28A.655.070 Essential academic learning requirements and assessments—Duties of the superintendent of public instruction. 28A.655.075 Essential academic learning requirements and grade level expectations for educational technology literacy and technology fluency—Assessments—Reports. 28A.655.090 Washington assessment of student learning—Reporting requirements. 28A.655.100 Performance goals—Reporting requirements. 28A.655.110 Annual school performance report—Model report form. 28A.655.130 Accountability implementation funds. 28A.655.140 Technical assistance. 28A.655.150 Consolidation of requirements for categorical grant programs—Use of electronic applications and reporting. 28A.655.180 Waivers for educational restructuring programs—Study by joint select committee on education restructuring— Report to legislature. 28A.655.185 Intent—Apple award program. 28A.655.200 Norm-referenced assessments—Diagnostic assessments. 28A.655.901 Part headings and captions not law—1999 c 388. 28A.655.902 Severability—1999 c 388. 28A.655.005 Findings. The legislature finds that the purpose of Washington’s accountability system is to improve student learning and student achievement of the essential academic learning requirement standards so that each individual student will be given the opportunity to become a responsible citizen and successfully live, learn, and work in the twentyfirst century. To achieve this purpose, the accountability system should be based on student achievement and continuous improvement at all levels of Washington’s education system and on a fundamental principle that all public school students have access to curriculum and instruction that is aligned to the standards. The legislature further finds that the accountability system should rely on local responsibility and leadership. Districts and schools should be expected to improve and be evaluated based on their improvement over time. Districts should recognize exceptional progress and work closely with schools needing assistance. 28A.655.005 [Title 28A RCW—page 255] 28A.655.010 Title 28A RCW: Common School Provisions The legislature further finds that the accountability system must be simple to use and understand. Consequences must be predictable and fair. Differences among students, schools, and districts should be recognized and respected as the system is implemented. There should be a balance of each student’s right to privacy and the public’s right to know the overall levels of learning and achievement at the school, district, and state levels. In addition, the accountability system should be continuously reviewed and improved as more is learned about how schools operate to meet the learning needs of Washington’s students. [1999 c 388 § 1.] 28A.655.010 Washington commission on student learning—Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW *28A.630.885 and 28A.300.130. (1) "Commission" means the commission on student learning created in *RCW 28A.630.885. (2) "Student learning goals" mean[s] the goals established in RCW 28A.150.210. (3) "Essential academic learning requirements" means more specific academic and technical skills and knowledge, based on the student learning goals, as determined under *RCW 28A.630.885(3)(a). Essential academic learning requirements shall not limit the instructional strategies used by schools or school districts or require the use of specific curriculum. (4) "Performance standards" or "standards" means the criteria used to determine if a student has successfully learned the specific knowledge or skill being assessed as determined under *RCW 28A.630.885(3)(b). The standards should be set at internationally competitive levels. (5) "Assessment system" or "student assessment system" means a series of assessments used to determine if students have successfully learned the essential academic learning requirements. The assessment system shall be developed under *RCW 28A.630.885(3)(b). (6) "Performance-based education system" means an education system in which a significantly greater emphasis is placed on how well students are learning, and significantly less emphasis is placed on state-level laws and rules that dictate how instruction is to be provided. The performancebased education system does not require that schools use an outcome-based instructional model. Decisions regarding how instruction is provided are to be made, to the greatest extent possible, by schools and school districts, not by the state. [1993 c 336 § 201. Formerly RCW 28A.630.883.] 28A.655.010 *Reviser’s note: RCW 28A.630.885 was recodified as RCW 28A.655.060 pursuant to 1999 c 388 § 607. RCW 28A.655.060 was subsequently repealed by 2004 c 19 § 206. Findings—Intent—Part headings not law—1993 c 336: See notes following RCW 28A.150.210. Findings—1993 c 336: See note following RCW 28A.630.879. 28A.655.061 High school assessment system—Certificate of academic achievement requirements—Exemptions—Options to retake high school assessment—Objective alternative assessment—Student learning plans. (1) The high school assessment system shall include but need not be limited to the Washington assessment of student learning, opportunities for a student to retake the content areas of the 28A.655.061 [Title 28A RCW—page 256] assessment in which the student was not successful, and if approved by the legislature pursuant to subsection (10) of this section, one or more objective alternative assessments for a student to demonstrate achievement of state academic standards. The objective alternative assessments for each content area shall be comparable in rigor to the skills and knowledge that the student must demonstrate on the Washington assessment of student learning for each content area. (2) Subject to the conditions in this section, a certificate of academic achievement shall be obtained by most students at about the age of sixteen, and is evidence that the students have successfully met the state standard in the content areas included in the certificate. With the exception of students satisfying the provisio ns of RCW 28A.155.0 45 or 28A.655.0611, acquisition of the certificate is required for graduation from a public high school but is not the only requirement for graduation. (3) Beginning with the graduating class of 2008, with the exception of students satisfying the provisions of RCW 28A.155.045, a student who meets the state standards on the reading, writing, and mathematics content areas of the high school Washington assessment of student learning shall earn a certificate of academic achievement. If a student does not successfully meet the state standards in one or more content areas required for the certificate of academic achievement, then the student may retake the assessment in the content area up to four times at no cost to the student. If the student successfully meets the state standards on a retake of the assessment then the student shall earn a certificate of academic achievement. Once objective alternative assessments are authorized pursuant to subsection (10) of this section, a student may use the objective alternative assessments to demonstrate that the student successfully meets the state standards for that content area if the student has taken the Washington assessment of student learning at least once. If the student successfully meets the state standards on the objective alternative assessments then the student shall earn a certificate of academic achievement. (4) Beginning no later than with the graduating class of 2013, a student must meet the state standards in science in addition to the other content areas required under subsection (3) of this section on the Washington assessment of student learning or the objective alternative assessments in order to earn a certificate of academic achievement. The state board of education may adopt a rule that implements the requirements of this subsection (4) beginning with a graduating class before the graduating class of 2013, if the state board of education adopts the rule by September 1st of the freshman school year of the graduating class to which the requirements of this subsection (4) apply. The state board of education’s authority under this subsection (4) does not alter the requirement that any change in performance standards for the tenth grade assessment must comply with RCW 28A.305.130. (5) The state board of education may not require the acquisition of the certificate of academic achievement for students in home-based instruction under chapter 28A.200 RCW, for students enrolled in private schools under chapter 28A.195 RCW, or for students satisfying the provisions of RCW 28A.155.045. (2008 Ed.) Academic Achievement and Accountability (6) A student may retain and use the highest result from each successfully completed content area of the high school assessment. (7) School districts must make available to students the following options: (a) To retake the Washington assessment of student learning up to four times in the content areas in which the student did not meet the state standards if the student is enrolled in a public school; or (b) To retake the Washington assessment of student learning up to four times in the content areas in which the student did not meet the state standards if the student is enrolled in a high school completion program at a community or technical college. The superintendent of public instruction and the state board for community and technical colleges shall jointly identify means by which students in these programs can be assessed. (8) Students who achieve the standard in a content area of the high school assessment but who wish to improve their results shall pay for retaking the assessment, using a uniform cost determined by the superintendent of public instruction. (9) Opportunities to retake the assessment at least twice a year shall be available to each school district. (10)(a) The office of the superintendent of public instruction shall develop options for implementing objective alternative assessments, which may include an appeals process for students’ scores, for students to demonstrate achievement of the state academic standards. The objective alternative assessments shall be comparable in rigor to the skills and knowledge that the student must demonstrate on the Washington assessment of student learning and be objective in its determination of student achievement of the state standards. Before any objective alternative assessments in addition to those authorized in RCW 28A.655.065 or (b) of this subsection are used by a student to demonstrate that the student has met the state standards in a content area required to obtain a certificate, the legislature shall formally approve the use of any objective alternative assessments through the omnibus appropriations act or by statute or concurrent resolution. (b)(i) A student’s score on the mathematics, reading or English, or writing portion of the scholastic assessment test (SAT) or the American college test (ACT) may be used as an objective alternative assessment under this section for demonstrating that a student has met or exceeded the state standards for the certificate of academic achievement. The state board of education shall identify the scores students must achieve on the relevant portion of the SAT or ACT to meet or exceed the state standard in the relevant content area on the Washington assessment of student learning. The state board of education shall identify the first scores by December 1, 2007. After the first scores are established, the state board may increase but not decrease the scores required for students to meet or exceed the state standards. (ii) Until August 31, 2008, a student’s score on the mathematics portion of the preliminary scholastic assessment test (PSAT) may be used as an objective alternative assessment under this section for demonstrating that a student has met or exceeded the state standard for the certificate of academic achievement. The state board of education shall identify the score students must achieve on the mathematics portion of (2008 Ed.) 28A.655.061 the PSAT to meet or exceed the state standard in that content area on the Washington assessment of student learning. (iii) A student who scores at least a three on the grading scale of one to five for selected AP examinations may use the score as an objective alternative assessment under this section for demonstrating that a student has met or exceeded state standards for the certificate of academic achievement. A score of three on the AP examinations in calculus or statistics may be used as an alternative assessment for the mathematics portion of the Washington assessment of student learning. A score of three on the AP examinations in English language and composition may be used as an alternative assessment for the writing portion of the Washington assessment of student learning. A score of three on the AP examinations in English literature and composition, macroeconomics, microeconomics, psychology, United States history, world history, United States government and politics, or comparative government and politics may be used as an alternative assessment for the reading portion of the Washington assessment of student learning. (11) By December 15, 2004, the house of representatives and senate education committees shall obtain information and conclusions from recognized, independent, national assessment experts regarding the validity and reliability of the high school Washington assessment of student learning for making individual student high school graduation determinations. (12) To help assure continued progress in academic achievement as a foundation for high school graduation and to assure that students are on track for high school graduation, each school district shall prepare plans for and notify students and their parents or legal guardians as provided in this subsection (12). (a) Student learning plans are required for eighth through twelfth grade students who were not successful on any or all of the content areas of the Washington assessment for student learning during the previous school year or who may not be on track to graduate due to credit deficiencies or absences. The parent or legal guardian shall be notified about the information in the student learning plan, preferably through a parent conference and at least annually. To the extent feasible, schools serving English language learner students and their parents shall translate the plan into the primary language of the family. The plan shall include the following information as applicable: (i) The student’s results on the Washington assessment of student learning; (ii) If the student is in the transitional bilingual program, the score on his or her Washington language proficiency test II; (iii) Any credit deficiencies; (iv) The student’s attendance rates over the previous two years; (v) The student’s progress toward meeting state and local graduation requirements; (vi) The courses, competencies, and other steps needed to be taken by the student to meet state academic standards and stay on track for graduation; (vii) Remediation strategies and alternative education options available to students, including informing students of [Title 28A RCW—page 257] 28A.655.0611 Title 28A RCW: Common School Provisions the option to continue to receive instructional services after grade twelve or until the age of twenty-one; (viii) The alternative assessment options available to students under this section and RCW 28A.655.065; (ix) School district programs, high school courses, and career and technical education options available for students to meet graduation requirements; and (x) Available programs offered through skill centers or community and technical colleges. (b) All fifth grade students who were not successful in one or more of the content areas of the fourth grade Washington assessment of student learning shall have a student learning plan. (i) The parent or guardian of the student shall be notified, preferably through a parent conference, of the student’s results on the Washington assessment of student learning, actions the school intends to take to improve the student’s skills in any content area in which the student was unsuccessful, and provide strategies to help them improve their student’s skills. (ii) Progress made on the student plan shall be reported to the student’s parents or guardian at least annually and adjustments to the plan made as necessary. [2008 c 321 § 2. Prior: 2007 c 355 § 5; 2007 c 354 § 2; 2006 c 115 § 4; 2004 c 19 § 101.] Findings—2008 c 321: "The legislature finds that high school students need to graduate with the skills necessary to be successful in college and work. The state graduation requirements help to ensure that Washington high school graduates have the basic skills to be competitive in a global economy. Under education reform started in 1993, time was to be the variable, obtaining the skills was to be the constant. Therefore, students who need additional time to gain the academic skills needed for college and the workplace should have the opportunities they need to reach high academic achievement, even if that takes more than the standard four years of high school. Different students face different challenges and barriers to their academic success. Some students struggle to meet the standard on a single portion of the Washington assessment of student learning while excelling in the other subject areas; other students struggle to complete the necessary state or local graduation credits; while still others have their knowledge tested on the assessments and have completed all the credit requirements but are struggling because English is not their first language. The legislature finds that many of these students need additional time and support to achieve academic proficiency and meet all graduation requirements." [2008 c 321 § 1.] Finding—Intent—2007 c 355: See note following RCW 28B.50.534. Findings—Intent—2007 c 354: "(1) The legislature maintains a strong commitment to high expectations and high academic achievement for all students. The legislature finds that Washington schools and students are making significant progress in improving achievement in reading and writing. Schools are adapting instruction and providing remediation for students who need additional assistance. Reading and writing are being taught across the curriculum. Therefore, the legislature does not intend to make changes to the Washington assessment of student learning or high school graduation requirements in reading and writing. (2) However, students are having difficulty improving their academic achievement in mathematics and science, particularly as measured by the high school Washington assessment of student learning. The legislature finds that corrections are needed in the state’s high school assessment system that will improve alignment between learning standards, instruction, diagnosis, and assessment of students’ knowledge and skills in high school mathematics and science. The legislature further finds there is a sense of urgency to make these corrections and intends to revise high school graduation requirements in mathematics and science only for the minimum period for corrections to be fully implemented." [2007 c 354 § 1.] Alternative assessments—Reports—Evaluation—2006 c 115: See note following RCW 28A.655.065. Part headings and captions not law—2004 c 19: "Part headings and captions used in this act are not any part of the law." [2004 c 19 § 301.] [Title 28A RCW—page 258] Severability—2004 c 19: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2004 c 19 § 302.] Effective date—2004 c 19: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 18, 2004]." [2004 c 19 § 303.] 28A.655.0611 Graduation without certificate of academic achievement or certificate of individual achievement. (Expires August 31, 2013.) (1) Beginning with the graduating class of 2008 and through no later than the graduating class of 2012, students may graduate from high school without earning a certificate of academic achievement or a certificate of individual achievement if they: (a) Have not successfully met the mathematics standard on the high school Washington assessment of student learning, an approved objective alternative assessment, or an alternate assessment developed for eligible special education students; (b) Have successfully met the state standard in the other content areas required for a certificate under RCW 28A.655.061 or 28A.155.045; (c) Have met all other state and school district graduation requirements; and (d)(i) For the graduating class of 2008, successfully earn one additional high school mathematics credit or career and technical course equivalent, including courses offered at skill centers, after the student’s eleventh grade year intended to increase the student’s mathematics proficiency toward meeting or exceeding the mathematics standards assessed on the high school Washington assessment of student learning and continue to take the appropriate mathematics assessment at least once annually until graduation; and (ii) For the remaining graduating classes under this section, successfully earn two additional mathematics credits or career and technical course equivalent, including courses offered at skill centers, after the student’s tenth grade year intended to increase the student’s mathematics proficiency toward meeting or exceeding the mathematics standards assessed on the high school Washington assessment of student learning and continue to take the appropriate mathematics assessment at least once annually until graduation. (2) The state board of education may adopt a rule that ends the application of this section with a graduating class before the graduating class of 2012, if the state board of education adopts the rule by September 1st of the freshman school year of the graduating class to which the provisions of this section no longer apply. The state board of education’s authority under this section does not alter the requirement that any change in performance standards for the tenth grade assessment must comply with RCW 28A.305.130. (3) This section expires August 31, 2013. [2007 c 354 § 4.] 28A.655.0611 F ind ing s— Inte nt— 2 007 c 35 4: See n ot e fol l ow i ng RC W 28A.655.061. 28A.655.063 Objective alternative assessments— Reimbursement of costs—Testing fee waivers. Subject to the availability of funds appropriated for this purpose, the office of the superintendent of public instruction shall pro28A.655.063 (2008 Ed.) Academic Achievement and Accountability vide funds to school districts to reimburse students for the cost of taking the tests in RCW 28A.655.061(10)(b) when the students take the tests for the purpose of using the results as an objective alternative assessment. The office of the superintendent of public instruction may, as an alternative to providing funds to school districts, arrange for students to receive a testing fee waiver or make other arrangements to compensate the students. [2007 c 354 § 7; 2006 c 115 § 5.] F ind ing s— Inte nt— 20 07 c 35 4: See n ot e fol l ow i ng RC W 28A.655.061. 28A.655.065 Objective alternative assessment methods—Appeals from assessment scores—Waivers and appeals from assessment requirements—Rules. (1) The legislature has made a commitment to rigorous academic standards for receipt of a high school diploma. The primary way that students will demonstrate that they meet the standards in reading, writing, mathematics, and science is through the Washington assessment of student learning. Only objective assessments that are comparable in rigor to the state assessment are authorized as an alternative assessment. Before seeking an alternative assessment, the legislature expects students to make a genuine effort to meet state standards, through regular and consistent attendance at school and participation in extended learning and other assistance programs. (2) Under RCW 28A.655.061, beginning in the 2006-07 school year, the superintendent of public instruction shall implement objective alternative assessment methods as provided in this section for students to demonstrate achievement of the state standards in content areas in which the student has not yet met the standard on the high school Washington assessment of student learning. A student may access an alternative if the student meets applicable eligibility criteria in RCW 28A.655.061 and this section and other eligibility criteria established by the superintendent of public instruction, including but not limited to attendance criteria and participation in the remediation or supplemental instruction contained in the student learning plan developed under RCW 28A.655.061. A school district may waive attendance and/or remediation criteria for special, unavoidable circumstances. (3) For the purposes of this section, "applicant" means a student seeking to use one of the alternative assessment methods in this section. (4) One alternative assessment method shall be a combination of the applicant’s grades in applicable courses and the applicant’s highest score on the high school Washington assessment of student learning, as provided in this subsection. A student is eligible to apply for the alternative assessment method under this subsection (4) if the student has a cumulative grade point average of at least 3.2 on a four point grading scale. The superintendent of public instruction shall determine which high school courses are applicable to the alternative assessment method and shall issue guidelines to school districts. (a) Using guidelines prepared by the superintendent of public instruction, a school district shall identify the group of students in the same school as the applicant who took the same high school courses as the applicant in the applicable content area. From the group of students identified in this manner, the district shall select the comparison cohort that 28A.655.065 (2008 Ed.) 28A.655.065 shall be those students who met or slightly exceeded the state standard on the Washington assessment of student learning. (b) The district shall compare the applicant’s grades in high school courses in the applicable content area to the grades of students in the comparison cohort for the same high school courses. If the applicant’s grades are equal to or above the mean grades of the comparison cohort, the applicant shall be deemed to have met the state standard on the alternative assessment. (c) An applicant may not use the alternative assessment under this subsection (4) if there are fewer than six students in the comparison cohort. (5) The superintendent of public instruction shall develop an alternative assessment method that shall be an evaluation of a collection of work samples prepared and submitted by the applicant. (a) The superintendent of public instruction shall develop guidelines for the types and number of work samples in each content area that may be submitted as a collection of evidence that the applicant has met the state standard in that content area. Work samples may be collected from academic, career and technical, or remedial courses and may include performance tasks as well as written products. The superintendent shall submit the guidelines for approval by the state board of education. (b) The superintendent shall develop protocols for submission of the collection of work samples that include affidavits from the applicant’s teachers and school district that the samples are the work of the applicant and a requirement that a portion of the samples be prepared under the direct supervision of a classroom teacher. The superintendent shall submit the protocols for approval by the state board of education. (c) The superintendent shall develop uniform scoring criteria for evaluating the collection of work samples and submit the scoring criteria for approval by the state board of education. Collections shall be scored at the state level or regionally by a panel of educators selected and trained by the superintendent to ensure objectivity, reliability, and rigor in the evaluation. An educator may not score work samples submitted by applicants from the educator’s school district. If the panel awards an applicant’s collection of work samples the minimum required score, the applicant shall be deemed to have met the state standard on the alternative assessment. (d) Using an open and public process that includes consultation with district superintendents, school principals, and other educators, the state board of education shall consider the guidelines, protocols, scoring criteria, and other information regarding the collection of work samples submitted by the superintendent of public instruction. The collection of work samples may be implemented as an alternative assessment after the state board of education has approved the guidelines, protocols, and scoring criteria and determined that the collection of work samples: (i) Will meet professionally accepted standards for a valid and reliable measure of the grade level expectations and the essential academic learning requirements; and (ii) is comparable to or exceeds the rigor of the skills and knowledge that a student must demonstrate on the Washington assessment of student learning in the applicable content area. The state board shall make an approval decision and determination no later than December 1, 2006, [Title 28A RCW—page 259] 28A.655.066 Title 28A RCW: Common School Provisions and thereafter may increase the required rigor of the collection of work samples. (e) By September of 2006, the superintendent of public instruction shall develop informational materials for parents, teachers, and students regarding the collection of work samples and the status of its development as an alternative assessment method. The materials shall provide specific guidance regarding the type and number of work samples likely to be required, include examples of work that meets the state learning standards, and describe the scoring criteria and process for the collection. The materials shall also encourage students in the graduating class of 2008 to begin creating a collection if they believe they may seek to use the collection once it is implemented as an alternative assessment. (6)(a) For students enrolled in a career and technical education program approved under RCW 28A.700.030, the superintendent of public instruction shall develop additional guidelines for collections of work samples that are tailored to different career and technical programs. The additional guidelines shall: (i) Provide multiple examples of work samples that are related to the particular career and technical program; (ii) Permit work samples based on completed activities or projects where demonstration of academic knowledge is inferred; and (iii) Provide multiple examples of work samples drawn from career and technical courses. (b) The purpose of the additional guidelines is to provide a clear pathway toward a certificate of academic achievement for career and technical students by showing them applied and relevant opportunities to demonstrate their knowledge and skills, and to provide guidance to teachers in integrating academic and career and technical instruction and assessment and assisting career and technical students in compiling a collection. The superintendent of public instruction shall develop and disseminate additional guidelines for no fewer than ten career and technical education programs representing a variety of program offerings by no later than September 1, 2008. Guidelines for ten additional programs shall be developed and disseminated no later than June 1, 2009. (c) The superintendent shall consult with community and technical colleges, employers, the workforce training and education coordinating board, apprenticeship programs, and other regional and national experts in career and technical education to create appropriate guidelines and examples of work samples and other evidence of a career and technical student’s knowledge and skills on the state academic standards. (7) The superintendent of public instruction shall study the feasibility of using existing mathematics assessments in languages other than English as an additional alternative assessment option. The study shall include an estimation of the cost of translating the tenth grade mathematics assessment into other languages and scoring the assessments should they be implemented. (8) The superintendent of public instruction shall implement: (a) By June 1, 2006, a process for students to appeal the score they received on the high school assessments; and (b) By January 1, 2007, guidelines and appeal processes for waiving specific requirements in RCW 28A.655.061 per[Title 28A RCW—page 260] taining to the certificate of academic achievement and to the certificate of individual achievement for students who: (i) Transfer to a Washington public school in their junior or senior year with the intent of obtaining a public high school diploma, or (ii) have special, unavoidable circumstances. (9) The state board of education shall examine opportunities for additional alternative assessments, including the possible use of one or more standardized norm-referenced student achievement tests and the possible use of the reading, writing, or mathematics portions of the ACT ASSET and ACT COMPASS test instruments as objective alternative assessments for demonstrating that a student has met the state standards for the certificate of academic achievement. The state board shall submit its findings and recommendations to the education committees of the legislature by January 10, 2008. (10) The superintendent of public instruction shall adopt rules to implement this section. [2008 c 170 § 205; 2007 c 354 § 6; 2006 c 115 § 1.] Findings—Intent—Part headings not law—2008 c 170: See RCW 28A.700.005 and 28A.700.901. F ind ing s— Inte nt— 2 007 c 35 4: See n ot e fol l ow i ng RC W 28A.655.061. Alternative assessments—Reports—Evaluation—2006 c 115: "(1) By September 10, 2006, the superintendent of public instruction shall report the following, in detail, to the education committees of the legislature: (a) Results of the pilot testing of the alternative assessments authorized under section 1 of this act, particularly the pilot testing of the collection of work samples or collection of evidence; (b) The proposed guidelines, protocols, and procedures to be used by the superintendent in implementing the alternative assessments, particularly the collection of evidence; (c) The proposed criteria, rubrics, and methodology for scoring the collection of evidence; (d) A description of the training to be provided for school districts, educators serving on scoring panels, and teachers assisting students with collections of evidence; (e) Preliminary results of the feasibility study in section 1(7) of this act; and (f) Updated estimates of the number of students likely to be eligible or apply for an alternative assessment method. (2) By December 1, 2006, and again by February 1, 2007, the superintendent of public instruction shall provide the education committees of the legislature with an update on the number of students eligible for or participating in an alternative assessment method. (3) The Washington state institute for public policy shall conduct an independent and objective evaluation of the reliability, validity, and rigor of the alternative assessment methods authorized under section 1 of this act, including an examination of a representative sample of the collections of work samples submitted by the graduating classes of 2008 and 2009. The institute shall submit its findings to the education committees of the legislature by September 1, 2009, to enable the legislature to develop and consider statutory changes to the alternative assessment during the 2010 legislative session." [2006 c 115 § 3.] 28A.655.066 Statewide end-of-course assessments for high school mathematics—Use for Washington assessment of student learning. (1) In consultation with the state board of education, the superintendent of public instruction shall develop statewide end-of-course assessments for high school mathematics that measure student achievement of the state mathematics standards. The superintendent shall take steps to ensure that the language of the assessments is responsive to a diverse student population. The superintendent shall develop end-of-course assessments in algebra I, geometry, integrated mathematics I, and integrated mathematics II. The superintendent shall make the algebra I and integrated math28A.655.066 (2008 Ed.) Academic Achievement and Accountability ematics I end-of-course assessments available to school districts on an optional basis in the 2009-10 school year. The end-of-course assessments in algebra I, geometry, integrated mathematics I, and integrated mathematics II shall be implemented statewide in the 2010-11 school year. (2) For the graduating class of 2013 and for purposes of the certificate of academic achievement under RCW 28A.655.061, results from the algebra I end-of-course assessment plus the geometry end-of-course assessment or results from the integrated mathematics I end-of-course assessment plus the integrated mathematics II end-of-course assessment may be used to demonstrate that a student meets the state standard on the mathematics content area of the high school Washington assessment of student learning. (3) Beginning with the graduating class of 2014 and for purposes of the certificate of academic achievement under RCW 28A.655.061, the mathematics content area of the Washington assessment of student learning shall be assessed using either the algebra I end-of-course assessment plus the geometry end-of-course assessment or the integrated mathematics I end-of-course assessment plus the integrated mathematics II end-of-course assessment. All of the objective alternative assessments available to students under RCW 28A.655.061 and 28A.655.065 shall be available to any student who has taken the sequence of end-of-course assessments once but does not meet the state mathematics standard on the sequence of end-of-course assessments. (4) The superintendent of public instruction shall report at least annually or more often if necessary to keep the education committees of the legislature informed on each step of the development and implementation process under this section. [2008 c 163 § 3.] Findings—2008 c 163: "The legislature finds that, according to a recent report from a consultant retained by the state board of education, endof-course assessments have certain advantages over comprehensive assessments such as the current form of the Washington assessment of student learning, and in most other areas end-of-course assessments are comparable to comprehensive assessments in meeting public policy objectives for a statewide assessment system. The legislature further finds that because the state’s assessment contract will be renegotiated before the end of 2008, the 2008 legislature has an opportunity to provide policy direction in the design of the state assessment system and the design of the Washington assessment of student learning." [2008 c 163 § 1.] 28A.655.070 Essential academic learning requirements and assessments—Duties of the superintendent of public instruction. (1) The superintendent of public instruction shall develop essential academic learning requirements that identify the knowledge and skills all public school students need to know and be able to do based on the student learning goals in RCW 28A.150.210, develop student assessments, and implement the accountability recommendations and requests regarding assistance, rewards, and recognition of the state board of education. (2) The superintendent of public instruction shall: (a) Periodically revise the essential academic learning requirements, as needed, based on the student learning goals in RCW 28A.150.210. Goals one and two shall be considered primary. To the maximum extent possible, the superintendent shall integrate goal four and the knowledge and skill areas in the other goals in the essential academic learning requirements; and 28A.655.070 (2008 Ed.) 28A.655.070 (b) Review and prioritize the essential academic learning requirements and identify, with clear and concise descriptions, the grade level content expectations to be assessed on the Washington assessment of student learning and used for state or federal accountability purposes. The review, prioritization, and identification shall result in more focus and targeting with an emphasis on depth over breadth in the number of grade level content expectations assessed at each grade level. Grade level content expectations shall be articulated over the grades as a sequence of expectations and performances that are logical, build with increasing depth after foundational knowledge and skills are acquired, and reflect, where appropriate, the sequential nature of the discipline. The office of the superintendent of public instruction, within seven working days, shall post on its web site any grade level content expectations provided to an assessment vendor for use in constructing the Washington assessment of student learning. (3)(a) In consultation with the state board of education, the superintendent of public instruction shall maintain and continue to develop and revise a statewide academic assessment system in the content areas of reading, writing, mathematics, and science for use in the elementary, middle, and high school years designed to determine if each student has mastered the essential academic learning requirements identified in subsection (1) of this section. School districts shall administer the assessments under guidelines adopted by the superintendent of public instruction. The academic assessment system may include a variety of assessment methods, including criterion-referenced and performance-based measures. (b) Effective with the 2009 administration of the Washington assessment of student learning, the superintendent shall redesign the assessment in the content areas of reading, mathematics, and science in all grades except high school by shortening test administration and reducing the number of short answer and extended response questions. (4) If the superintendent proposes any modification to the essential academic learning requirements or the statewide assessments, then the superintendent shall, upon request, provide opportunities for the education committees of the house of representatives and the senate to review the assessments and proposed modifications to the essential academic learning requirements before the modifications are adopted. (5) The assessment system shall be designed so that the results under the assessment system are used by educators as tools to evaluate instructional practices, and to initiate appropriate educational support for students who have not mastered the essential academic learning requirements at the appropriate periods in the student’s educational development. (6) By September 2007, the results for reading and mathematics shall be reported in a format that will allow parents and teachers to determine the academic gain a student has acquired in those content areas from one school year to the next. (7) To assist parents and teachers in their efforts to provide educational support to individual students, the superintendent of public instruction shall provide as much individual student performance information as possible within the constraints of the assessment system’s item bank. The superintendent shall also provide to school districts: [Title 28A RCW—page 261] 28A.655.075 Title 28A RCW: Common School Provisions (a) Information on classroom-based and other assessments that may provide additional achievement information for individual students; and (b) A collection of diagnostic tools that educators may use to evaluate the academic status of individual students. The tools shall be designed to be inexpensive, easily administered, and quickly and easily scored, with results provided in a format that may be easily shared with parents and students. (8) To the maximum extent possible, the superintendent shall integrate knowledge and skill areas in development of the assessments. (9) Assessments for goals three and four of RCW 28A.150.210 shall be integrated in the essential academic learning requirements and assessments for goals one and two. (10) The superintendent shall develop assessments that are directly related to the essential academic learning requirements, and are not biased toward persons with different learning styles, racial or ethnic backgrounds, or on the basis of gender. (11) The superintendent shall consider methods to address the unique needs of special education students when developing the assessments under this section. (12) The superintendent shall consider methods to address the unique needs of highly capable students when developing the assessments under this section. (13) The superintendent shall post on the superintendent’s web site lists of resources and model assessments in social studies, the arts, and health and fitness. [2008 c 163 § 2; 2007 c 354 § 5; 2005 c 497 § 106; 2004 c 19 § 204; 1999 c 388 § 501.] Findings—2008 c 163: See note following RCW 28A.655.066. F ind ing s— Inte nt— 20 07 c 35 4: See n ot e fol l ow i ng RC W 28A.655.061. Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. Part headings and captions not law—Severability—Effective date—2004 c 19: See notes following RCW 28A.655.061. 28A.655.075 Essential academic learning requirements and grade level expectations for educational technology literacy and technology fluency—Assessments— Reports. (1) Within funds specifically appropriated therefor, by December 1, 2008, the superintendent of public instruction shall develop essential academic learning requirements and grade level expectations for educational technology literacy and technology fluency that identify the knowledge and skills that all public school students need to know and be able to do in the areas of technology and technology literacy. The development process shall include a review of current standards that have been developed or are used by other states and national and international technology associations. To the maximum extent possible, the superintendent shall integrate goal four and the knowledge and skill areas in the other goals in the technology essential academic learning requirements. (a) As used in this section, "technology literacy" means the ability to responsibly, creatively, and effectively use appropriate technology to communicate; access, collect, manage, integrate, and evaluate information; solve problems and create solutions; build and share knowledge; and 28A.655.075 [Title 28A RCW—page 262] improve and enhance learning in all subject areas and experiences. (b) Technology fluency builds upon technology literacy and is demonstrated when students: Apply technology to real-world experiences; adapt to changing technologies; modify current and create new technologies; and personalize technology to meet personal needs, interests, and learning styles. (2)(a) Within funds specifically appropriated therefor, the superintendent shall obtain or develop education technology assessments that may be administered in the elementary, middle, and high school grades to assess the essential academic learning requirements for technology. The assessments shall be designed to be classroom or project-based so that they can be embedded in classroom instruction and be administered and scored by school staff throughout the regular school year using consistent scoring criteria and procedures. By the 2010-11 school year, these assessments shall be made available to school districts for the districts’ voluntary use. If a school district uses the assessments created under this section, then the school district shall notify the superintendent of public instruction of the use. The superintendent shall report annually to the legislature on the number of school districts that use the assessments each school year. (b) Beginning December 1, 2010, and annually thereafter, the superintendent of public instruction shall provide a report to the relevant legislative committees regarding the use of the assessments. [2007 c 396 § 16.] Capt ion s n ot l aw— 200 7 c 396 : See no te fol lo win g R CW 28A.305.215. Finding—Intent—2007 c 396: See note following RCW 28A.300.515. Essential academic learning requirements and grade level expectations— Revised standards and curricula for mathematics and science—Duties of the state board of education and the superintendent of public instruction: RCW 28A.305.215. 28A.655.090 Washington assessment of student learning—Reporting requirements. (1) By September 10, 1998, and by September 10th each year thereafter, the superintendent of public instruction shall report to schools, school districts, and the legislature on the results of the Washington assessment of student learning and state-mandated norm-referenced standardized tests. (2) The reports shall include the assessment results by school and school district, and include changes over time. For the Washington assessment of student learning, results shall be reported as follows: (a) The percentage of students meeting the standards; (b) The percentage of students performing at each level of the assessment; (c) Disaggregation of results by at least the following subgroups of students: White, Black, Hispanic, American Indian/Alaskan Native, Asian, Pacific Islander/Hawaiian Native, low income, transitional bilingual, migrant, special education, and, beginning with the 2009-10 school year, students covered by section 504 of the federal rehabilitation act of 1973, as amended (29 U.S.C. Sec. 794); and (d) A learning improvement index that shows changes in student performance within the different levels of student learning reported on the Washington assessment of student learning. 28A.655.090 (2008 Ed.) Academic Achievement and Accountability (3) The reports shall contain data regarding the different characteristics of schools, such as poverty levels, percent of English as a second language students, dropout rates, attendance, percent of students in special education, and student mobility so that districts and schools can learn from the improvement efforts of other schools and districts with similar characteristics. (4) The reports shall contain student scores on mandated tests by comparable Washington schools of similar characteristics. (5) The reports shall contain information on public school choice options available to students, including vocational education. (6) The reports shall be posted on the superintendent of public instruction’s internet web site. (7) To protect the privacy of students, the results of schools and districts that test fewer than ten students in a grade level shall not be reported. In addition, in order to ensure that results are reported accurately, the superintendent of public instruction shall maintain the confidentiality of statewide data files until the superintendent determines that the data are complete and accurate. (8) The superintendent of public instruction shall monitor the percentage and number of special education and limited English-proficient students exempted from taking the assessments by schools and school districts to ensure the exemptions are in compliance with exemption guidelines. [2008 c 165 § 3; 1999 c 388 § 301; 1998 c 319 § 301. Formerly RCW 28A.630.889.] Part headings not law—1998 c 319: See note following RCW 28A.300.320. 28A.655.100 Performance goals—Reporting requirements. Each school district board of directors shall: (1)(a) Annually report to parents and to the community in a public meeting and annually report in writing the following information: (i) District-wide and school-level performance improvement goals; (ii) Student performance relative to the goals; and (iii) District-wide and school-level plans to achieve the goals, including curriculum and instruction, parental or guardian involvement, and resources available to parents and guardians to help students meet the state standards; (b) Report annually in a news release to the local media the district’s progress toward meeting the district-wide and school-level goals; and (c) Include the school-level goals, student performance relative to the goals, and a summary of school-level plans to achieve the goals in each school’s annual school performance report under RCW 28A.655.110. (2) School districts in which ten or fewer students in the district or in a school in the district are eligible to be assessed in a grade level are not required to report numerical improvement goals and performance relative to the goals, but are required to report to parents and the community their plans to improve student achievement. [1999 c 388 § 302.] 28A.655.100 28A.655.110 Annual school performance report— Model report form. (1) Beginning with the 1994-95 school year, to provide the local community and electorate with 28A.655.110 (2008 Ed.) 28A.655.130 access to information on the educational programs in the schools in the district, each school shall publish annually a school performance report and deliver the report to each parent with children enrolled in the school and make the report available to the community served by the school. The annual performance report shall be in a form that can be easily understood and be used by parents, guardians, and other members of the community who are not professional educators to make informed educational decisions. As data from the assessments in *RCW 28A.655.060 becomes available, the annual performance report should enable parents, educators, and school board members to determine whether students in the district’s schools are attaining mastery of the student learning goals under RCW 28A.150.210, and other important facts about the schools’ performance in assisting students to learn. The annual report shall make comparisons to a school’s performance in preceding years and shall include school level goals under **RCW 28A.655.050, student performance relative to the goals and the percentage of students performing at each level of the assessment, a comparison of student performance at each level of the assessment to the previous year’s performance, and information regarding school-level plans to achieve the goals. (2) The annual performance report shall include, but not be limited to: (a) A brief statement of the mission of the school and the school district; (b) enrollment statistics including student demographics; (c) expenditures per pupil for the school year; (d) a summary of student scores on all mandated tests; (e) a concise annual budget report; (f) student attendance, graduation, and dropout rates; (g) information regarding the use and condition of the school building or buildings; (h) a brief description of the learning improvement plans for the school; and (i) an invitation to all parents and citizens to participate in school activities. (3) The superintendent of public instruction shall develop by June 30, 1994, and update periodically, a model report form, which shall also be adapted for computers, that schools may use to meet the requirements of subsections (1) and (2) of this section. In order to make school performance reports broadly accessible to the public, the superintendent of public instruction, to the extent feasible, shall make information on each school’s report available on or through the superintendent’s internet web site. [1999 c 388 § 303; 1993 c 336 § 1006. Formerly RCW 28A.320.205.] Reviser’s note: *(1) RCW 28A.655.060 was repealed by 2004 c 19 § 206. **(2) RCW 28A.655.050 was repealed by 2002 c 132 § 1. Findings—Intent—Part headings not law—1993 c 336: See notes following RCW 28A.150.210. Findings—1993 c 336: See note following RCW 28A.150.210. 28A.655.130 Accountability implementation funds. (1) To the extent funds are appropriated, the office of the superintendent of public instruction annually shall allocate accountability implementation funds to school districts. The purposes of the funds are to: Develop and update student learning improvement plans; implement curriculum materials and instructional strategies; provide staff professional development to implement the selected curricula and instruction; develop and implement assessment strategies and training in assessment scoring; and fund other activities intended to 28A.655.130 [Title 28A RCW—page 263] 28A.655.140 Title 28A RCW: Common School Provisions improve student learning for all students, including students with diverse needs. Activities funded by the allocations must be consistent with the school or district improvement plan, designed to improve the ability of teachers and other instructional certificated and classified staff to assist students in meeting the essential academic learning requirements, and designed to achieve state and local accountability goals. Activities funded by the allocations shall be designed to protect the teachers’ instructional time with students and minimize the use of substitute teachers. (2) Schools receiving funds shall develop, update as needed, and keep on file a school student learning improvement plan to achieve the student learning goals and essential academic learning requirements and to implement the assessment system as it is developed. The plan shall delineate how the accountability implementation funds will be used to accomplish the requirements of this section. The plan shall be made available to the public and to others upon request. (3) The amount of allocations shall be determined in the omnibus appropriations act. (4) The state schools for the deaf and blind are eligible to receive allocations under this section. (5) The superintendent of public instruction may adopt timelines and rules as necessary under chapter 34.05 RCW to administer the program, and require that schools and districts submit reports regarding the use of the funds. [1999 c 388 § 402.] 28A.655.140 Technical assistance. (1) In order to increase the availability and quality of technical assistance statewide, the superintendent of public instruction, subject to available funding, may employ school improvement coordinators and school improvement specialists to provide assistance to schools and districts. The improvement specialists shall serve on a rotating basis and shall not be permanent employees. (2) The types of assistance provided by the improvement coordinators and specialists may include, but need not be limited to: (a) Assistance to schools to use student performance data and develop improvement plans based on those data; (b) Consultation with schools and districts concerning their performance on the Washington assessment of student learning and other assessments; (c) Consultation concerning curricula that aligns with the essential academic learning requirements and the Washington assessment of student learning and that meets the needs of diverse learners; (d) Assistance in the identification and implementation of research-based instructional practices; (e) Staff training that emphasizes effective instructional strategies and classroom-based assessment; (f) Assistance in developing and implementing family and community involvement programs; and (g) Other assistance to schools and school districts intended to improve student learning. [1999 c 388 § 403.] 28A.655.140 28A.655.150 Consolidation of requirements for categorical grant programs—Use of electronic applications and reporting. The superintendent of public instruction, in 28A.655.150 [Title 28A RCW—page 264] consultation with school district personnel, shall consolidate and streamline the planning, application, and reporting requirements for major state and federal categorical and grant programs. The superintendent also shall take actions to increase the use of online electronic applications and reporting. [1999 c 388 § 602.] 28A.655.180 Waivers for educational restructuring programs—Study by joint select committee on education restructuring—Report to legislature. (1) The state board of education, where appropriate, or the superintendent of public instruction, where appropriate, may grant waivers to districts from the provisions of statutes or rules relating to: The length of the school year; student-to-teacher ratios; and other administrative rules that in the opinion of the state board of education or the opinion of the superintendent of public instruction may need to be waived in order for a district to implement a plan for restructuring its educational program or the educational program of individual schools within the district. (2) School districts may use the application process in RCW 28A.305.140 or *28A.300.138 to apply for the waivers under subsection (1) of this section. (3) The joint select committee on education restructuring shall study which waivers of state laws or rules are necessary for school districts to implement education restructuring. The committee shall study whether the waivers are used to implement specific essential academic learning requirements and student learning goals. The committee shall study the availability of waivers under the schools for the twenty-first century program created by chapter 525, Laws of 1987, and the use of those waivers by schools participating in that program. The committee shall also study the use of waivers authorized under RCW 28A.305.140. The committee shall report its findings to the legislature by December 1, 1997. [1995 c 208 § 1; (1997 c 431 § 23 expired June 30, 1999). Formerly RCW 28A.630.945.] 28A.655.180 *Reviser’s note: RCW 28A.300.138 was repealed by 1999 c 388 § 603. 28A.655.185 Intent—Apple award program. (1) It is the intent of the legislature, through the creation of the apple award, to honor and reward students in Washington’s public elementary schools who have shown significant improvement in their school’s results on the Washington assessment of student learning. (2) The apple award program is created to honor and reward public elementary schools that have the greatest combined average increase in the percentage of students meeting the fourth grade reading, mathematics, and writing standards on the Washington assessment of student learning each school year. The program shall be administered by the state board of education. (3) Within the amounts appropriated for this purpose, each school that receives an apple award shall be provided with a twenty-five thousand dollar grant to be used for capital construction purposes that have been selected by students in the school and approved by the district’s school directors. The funds may be used exclusively for capital construction projects on school property or on other public property in the 28A.655.185 (2008 Ed.) Alternative Route Teacher Certification community, city, or county in which the school is located. [2005 c 495 § 1.] 28A.655.200 Norm-referenced assessments—Diagnostic assessments. (1) The legislature intends to permit school districts to offer norm-referenced assessments, make diagnostic tools available to school districts, and provide funding for diagnostic assessments to enhance student learning at all grade levels and provide early intervention before the high school Washington assessment of student learning. (2) In addition to the diagnostic assessments provided under this section, school districts may, at their own expense, administer norm-referenced assessments to students. (3) The office of the superintendent of public instruction shall post on its web site for voluntary use by school districts, a guide of diagnostic assessments. The assessments in the guide, to the extent possible, shall include the characteristics listed in subsection (4) of this section. (4) Beginning September 1, 2007, the office of the superintendent of public instruction shall make diagnostic assessments in reading, writing, mathematics, and science in elementary, middle, and high school grades available to school districts. Subject to funds appropriated for this purpose, the office of the superintendent of public instruction shall also provide funding to school districts for administration of diagnostic assessments to help improve student learning, identify academic weaknesses, enhance student planning and guidance, and develop targeted instructional strategies to assist students before the high school Washington assessment of student learning. To the greatest extent possible, the assessments shall be: (a) Aligned to the state’s grade level expectations; (b) Individualized to each student’s performance level; (c) Administered efficiently to provide results either immediately or within two weeks; (d) Capable of measuring individual student growth over time and allowing student progress to be compared to other students across the country; (e) Readily available to parents; and (f) Cost-effective. (5) The office of the superintendent of public instruction shall offer training at statewide and regional staff development activities in: (a) The interpretation of diagnostic assessments; and (b) Application of instructional strategies that will increase student learning based on diagnostic assessment data. [2007 c 354 § 8; 2006 c 117 § 4; 2005 c 217 § 2.] 28A.655.200 F ind ing s— Inte nt— 20 07 c 35 4: See n ot e fol l ow i ng RC W 28A.655.061. Intent—2006 c 117: See note following RCW 28A.600.045. 28A.655.901 Part headings and captions not law— 1999 c 388. Part headings and section captions used in this act are not any part of the law. [1999 c 388 § 605.] 28A.655.901 28A.655.902 Severability—1999 c 388. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1999 c 388 § 609.] 28A.655.902 (2008 Ed.) Chapter 28A.660 28A.660.010 Chapter 28A.660 RCW ALTERNATIVE ROUTE TEACHER CERTIFICATION Sections 28A.660.005 28A.660.010 28A.660.020 28A.660.030 28A.660.040 28A.660.042 28A.660.045 Findings—Declaration. Partnership grant program. Proposals—Funding. Partnership grants—Selection—Administration. Alternative route conditional scholarship program. Pipeline for paraeducators conditional scholarship program. Retooling to teach mathematics and science conditional scholarship program. 28A.660.050 Conditional scholarship programs—Requirements—Recipients. 28A.660.060 Employment of certain personnel not affected. 28A.660.005 Findings—Declaration. (1) The legislature finds and declares: (a) Teacher qualifications and effectiveness are the most important influences on student learning in schools; (b) Preparation of individuals to become well-qualified, effective teachers must be high quality; (c) Teachers who complete high-quality alternative route programs with intensive field-based experience, adequate coursework, and strong mentorship do as well or better than teachers who complete traditional preparation programs; (d) High-quality alternative route programs can provide more flexibility and expedience for individuals to transition from their current career to teaching; (e) High-quality alternative route programs can help school districts fill subject matter shortage areas and areas with shortages due to geographic location; (f) Regardless of route, all candidates for residency teacher certification must meet the high standards required by the state; and (g) Teachers need an adequate background in subject matter content if they are to teach it well, and should hold full, appropriate credentials in those subject areas. (2) The legislature recognizes widespread concerns about the potential for teacher shortages and finds that classified instructional staff in public schools, current certificated staff, and unemployed certificate holders represent a great untapped resource for recruiting more teachers in critical shortage areas. [2007 c 396 § 5; 2001 c 158 § 1.] 28A.660.005 Capt ion s n ot l aw— 200 7 c 396 : See no te fol lo win g R CW 28A.305.215. Finding—Intent—2007 c 396: See note following RCW 28A.300.515. 28A.660.010 Partnership grant program. There is hereby created a statewide partnership grant program to provide new high-quality alternative routes to residency teacher certification. To the extent funds are appropriated for this specific purpose, funds provided under this partnership grant program shall be used solely for school districts, or consortia of school districts, to partner with state-approved higher education teacher preparation programs to provide one or more of four alternative route programs in RCW 28A.660.040, with routes one, two, and three aimed at recruiting candidates to teaching in subject matter shortage areas and areas with shortages due to geographic location. Districts, or consortia of districts, may also include their educational service districts in their partnership grant program. [2004 c 23 § 1; 2001 c 158 § 2.] 28A.660.010 [Title 28A RCW—page 265] 28A.660.020 Title 28A RCW: Common School Provisions 28A.660.020 Proposals—Funding. (1) Each district or consortia of school districts applying for the alternative route certification program shall submit a proposal to the Washington professional educator standards board specifying: (a) The route or routes the partnership program intends to offer and a detailed description of how the routes will be structured and operated by the partnership; (b) The number of candidates that will be enrolled per route; (c) An identification, indication of commitment, and description of the role of approved teacher preparation programs that are partnering with the district or consortia of districts; (d) An assurance of district provision of adequate training for mentor teachers either through participation in a state mentor training academy or district-provided training that meets state-established mentor-training standards specific to the mentoring of alternative route candidates; (e) An assurance that significant time will be provided for mentor teachers to spend with the alternative route teacher candidates throughout the internship. Partnerships must provide each candidate with intensive classroom mentoring until such time as the candidate demonstrates the competency necessary to manage the classroom with less intensive supervision and guidance from a mentor; (f) A description of the rigorous screening process for applicants to alternative route programs, including entry requirements specific to each route, as provided in RCW 28A.660.040; and (g) The design and use of a teacher development plan for each candidate. The plan shall specify the alternative route coursework and training required of each candidate and shall be developed by comparing the candidate’s prior experience and coursework with the state’s new performance-based standards for residency certification and adjusting any requirements accordingly. The plan may include the following components: (i) A minimum of one-half of a school year, and an additional significant amount of time if necessary, of intensive mentorship, starting with full-time mentoring and progressing to increasingly less intensive monitoring and assistance as the intern demonstrates the skills necessary to take over the classroom with less intensive support. For route one and two candidates, before the supervision is diminished, the mentor of the teacher candidate at the school and the supervisor of the teacher candidate from the higher education teacher preparation program must both agree that the teacher candidate is ready to manage the classroom with less intensive supervision. For route three and four candidates, the mentor of the teacher candidate shall make the decision; (ii) Identification of performance indicators based on the knowledge and skills standards required for residency certification by the Washington professional educator standards board; (iii) Identification of benchmarks that will indicate when the standard is met for all performance indicators; (iv) A description of strategies for assessing candidate performance on the benchmarks; (v) Identification of one or more tools to be used to assess a candidate’s performance once the candidate has been in the classroom for about one-half of a school year; and 28A.660.020 [Title 28A RCW—page 266] (vi) A description of the criteria that would result in residency certification after about one-half of a school year but before the end of the program. (2) To the extent funds are appropriated for this purpose, districts may apply for program funds to pay stipends to trained mentor teachers of interns during the mentored internship. The per intern amount of mentor stipend shall not exceed five hundred dollars. [2006 c 263 § 816; 2004 c 23 § 2; 2003 c 410 § 1; 2001 c 158 § 3.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.660.030 Partnership grants—Selection— Administration. (1) The professional educator standards board, with support from the office of the superintendent of public instruction, shall select school districts and consortia of school districts to receive partnership grants from funds appropriated by the legislature for this purpose. Factors to be considered in selecting proposals include, but are not limited to: (a) For routes one, two, and three, the degree to which the district, or consortia of districts in partnership, are currently experiencing teacher shortages; (b)(i) For routes one, two, three, and four, the degree to which the proposal addresses criteria specified in RCW 28A.660.020 and is in keeping with specifications of program routes in RCW 28A.660.040; (ii) The cost-effectiveness of the proposed program; and (iii) Any demonstrated district and in-kind contributions to the program. (2) Selection of proposals shall also take into consideration the need to ensure an adequate number of candidates for each type of route in order to evaluate their success. (3) Funds appropriated for the partnership grant program in this chapter shall be administered by the office of the superintendent of public instruction. [2004 c 23 § 3; 2003 c 410 § 2; 2001 c 158 § 4.] 28A.660.030 28A.660.040 Alternative route conditional scholarship program. Partnership grants funded under this chapter shall operate one to four specific route programs. Successful completion of the program shall make a candidate eligible for residency teacher certification. For route one and two candidates, the mentor of the teacher candidate at the school and the supervisor of the teacher candidate from the higher education teacher preparation program must both agree that the teacher candidate has successfully completed the program. For route three and four candidates, the mentor of the teacher candidate shall make the determination that the candidate has successfully completed the program. (1) Partnership grant programs seeking funds to operate route one programs shall enroll currently employed classified instructional employees with transferable associate degrees seeking residency teacher certification with endorsements in special education, bilingual education, or English as a second language. It is anticipated that candidates enrolled in this route will complete both their baccalaureate degree and requirements for residency certification in two years or less, including a mentored internship to be completed in the final year. In addition, partnership programs shall uphold entry requirements for candidates that include: 28A.660.040 (2008 Ed.) Alternative Route Teacher Certification (a) District or building validation of qualifications, including three years of successful student interaction and leadership as a classified instructional employee; (b) Successful passage of the statewide basic skills exam, when available; and (c) Meeting the age, good moral character, and personal fitness requirements adopted by rule for teachers. (2) Partnership grant programs seeking funds to operate route two programs shall enroll currently employed classified staff with baccalaureate degrees seeking residency teacher certification in subject matter shortage areas and areas with shortages due to geographic location. Candidates enrolled in this route must complete a mentored internship complemented by flexibly scheduled training and coursework offered at a local site, such as a school or educational service district, or online or via video-conference over the K-20 network, in collaboration with the partnership program’s higher education partner. In addition, partnership grant programs shall uphold entry requirements for candidates that include: (a) District or building validation of qualifications, including three years of successful student interaction and leadership as classified staff; (b) A baccalaureate degree from a regionally accredited institution of higher education. The individual’s college or university grade point average may be considered as a selection factor; (c) Successful completion of the content test, once the state content test is available; (d) Meeting the age, good moral character, and personal fitness requirements adopted by rule for teachers; and (e) Successful passage of the statewide basic skills exam, when available. (3) Partnership grant programs seeking funds to operate route three programs shall enroll individuals with baccalaureate degrees, who are not employed in the district at the time of application. When selecting candidates for certification through route three, districts shall give priority to individuals who are seeking residency teacher certification in subject matter shortage areas or shortages due to geographic locations. For route three only, the districts may include additional candidates in nonshortage subject areas if the candidates are seeking endorsements with a secondary grade level designation as defined by rule by the professional educator standards board. The districts shall disclose to candidates in nonshortage subject areas available information on the demand in those subject areas. Cohorts of candidates for this route shall attend an intensive summer teaching academy, followed by a full year employed by a district in a mentored internship, followed, if necessary, by a second summer teaching academy. In addition, partnership programs shall uphold entry requirements for candidates that include: (a) Five years’ experience in the workforce; (b) A baccalaureate degree from a regionally accredited institution of higher education. The individual’s grade point average may be considered as a selection factor; (c) Successful completion of the content test, once the state content test is available; (d) External validation of qualifications, including demonstrated successful experience with students or children, such as reference letters and letters of support from previous employers; (2008 Ed.) 28A.660.045 (e) Meeting the age, good moral character, and personal fitness requirements adopted by rule for teachers; and (f) Successful passage of statewide basic skills exams, when available. (4) Partnership grant programs seeking funds to operate route four programs shall enroll individuals with baccalaureate degrees, who are employed in the district at the time of application, or who hold conditional teaching certificates or emergency substitute certificates. Cohorts of candidates for this route shall attend an intensive summer teaching academy, followed by a full year employed by a district in a mentored internship. In addition, partnership programs shall uphold entry requirements for candidates that include: (a) Five years’ experience in the workforce; (b) A baccalaureate degree from a regionally accredited institution of higher education. The individual’s grade point average may be considered as a selection factor; (c) Successful completion of the content test, once the state content test is available; (d) External validation of qualifications, including demonstrated successful experience with students or children, such as reference letters and letters of support from previous employers; (e) Meeting the age, good moral character, and personal fitness requirements adopted by rule for teachers; and (f) Successful passage of statewide basic skills exams, when available. [2006 c 263 § 817; 2004 c 23 § 4; 2001 c 158 § 5.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.660.042 Pipeline for paraeducators conditional scholarship program. (1) The pipeline for paraeducators conditional scholarship program is created. Participation is limited to paraeducators without a college degree who have at least three years of classroom experience. It is anticipated that candidates enrolled in this program will complete their associate of arts degree at a community and technical college in two years or less and become eligible for a mathematics, special education, or English as a second language endorsement via route one in the alternative routes to teacher certification program provided in this chapter. (2) Entry requirements for candidates include district or building validation of qualifications, including three years of successful student interaction and leadership as a classified instructional employee. [2007 c 396 § 6.] 28A.660.042 Capt ion s n ot l aw— 200 7 c 396 : See no te fol lo win g R CW 28A.305.215. Finding—Intent—2007 c 396: See note following RCW 28A.300.515. 28A.660.045 Retooling to teach mathematics and science conditional scholarship program. (1) The retooling to teach mathematics and science conditional scholarship program is created. Participation is limited to current K-12 teachers and individuals having an elementary education certificate but who are not employed in positions requiring an elementary education certificate. It is anticipated that candidates enrolled in this program will complete the requirements for a mathematics or science endorsement, or both, in two years or less. (2) Entry requirements for candidates include: 28A.660.045 [Title 28A RCW—page 267] 28A.660.050 Title 28A RCW: Common School Provisions (a) Current K-12 teachers shall pursue a middle level mathematics or science, or secondary mathematics or science endorsement. (b) Individuals having an elementary education certificate but who are not employed in positions requiring an elementary education certificate shall pursue an endorsement in middle level mathematics or science only. [2007 c 396 § 7.] Capti ons no t la w— 200 7 c 396: See no te fol lo win g RC W 28A.305.215. Finding—Intent—2007 c 396: See note following RCW 28A.300.515. 28A.660.050 Conditional scholarship programs— Requirements—Recipients. The conditional scholarship programs in this chapter are created under the following guidelines: (1) The programs shall be administered by the higher education coordinating board. In administering the programs, the higher education coordinating board has the following powers and duties: (a) To adopt necessary rules and develop guidelines to administer the programs; (b) To collect and manage repayments from participants who do not meet their service obligations; and (c) To accept grants and donations from public and private sources for the programs. (2) Requirements for participation in the conditional scholarship programs are as provided in this subsection (2). (a) The alternative route conditional scholarship program is limited to interns of the partnership grant programs under RCW 28A.660.040. In order to receive conditional scholarship awards, recipients shall: (i) Be accepted and maintain enrollment in alternative certification routes through the partnership grant program; (ii) Continue to make satisfactory progress toward completion of the alternative route certification program and receipt of a residency teaching certificate; and (iii) Receive no more than the annual amount of the scholarship, not to exceed eight thousand dollars, for the cost of tuition, fees, and educational expenses, including books, supplies, and transportation for the alternative route certification program in which the recipient is enrolled. The board may adjust the annual award by the average rate of resident undergraduate tuition and fee increases at the state universities as defined in RCW 28B.10.016. (b) The pipeline for paraeducators conditional scholarship program is limited to qualified paraeducators as provided by RCW 28A.660.042. In order to receive conditional scholarship awards, recipients shall: (i) Be accepted and maintain enrollment at a community and technical college for no more than two years and attain an associate of arts degree; (ii) Continue to make satisfactory progress toward completion of an associate of arts degree. This progress requirement is a condition for eligibility into a route one program of the alternative routes to teacher certification program for a mathematics, special education, or English as a second language endorsement; and (iii) Receive no more than the annual amount of the scholarship, not to exceed four thousand dollars, for the cost of tuition, fees, and educational expenses, including books, supplies, and transportation for the alternative route certifica28A.660.050 [Title 28A RCW—page 268] tion program in which the recipient is enrolled. The board may adjust the annual award by the average rate of tuition and fee increases at the state community and technical colleges. (c) The retooling to teach mathematics and science conditional scholarship program is limited to current K-12 teachers and individuals having an elementary education certificate but who are not employed in positions requiring an elementary education certificate as provided by RCW 28A.660.045. In order to receive conditional scholarship awards: (i) Individuals currently employed as teachers shall pursue a middle level mathematics or science, or secondary mathematics or science endorsement; or (ii) Individuals who are certificated with an elementary education endorsement, but not employed in positions requiring an elementary education certificate, shall pursue an endorsement in middle level mathematics or science, or both; and (iii) Individuals shall use one of the pathways to endorsement processes to receive a mathematics or science endorsement, or both, which shall include passing a mathematics or science endorsement test, or both tests, plus observation and completing applicable coursework to attain the proper endorsement; and (iv) Individuals shall receive no more than the annual amount of the scholarship, not to exceed three thousand dollars, for the cost of tuition, test fees, and educational expenses, including books, supplies, and transportation for the endorsement pathway being pursued. (3) The Washington professional educator standards board shall select individuals to receive conditional scholarships. (4) For the purpose of this chapter, a conditional scholarship is a loan that is forgiven in whole or in part in exchange for service as a certificated teacher employed in a Washington state K-12 public school. The state shall forgive one year of loan obligation for every two years a recipient teaches in a public school. Recipients who fail to continue a course of study leading to residency teacher certification or cease to teach in a public school in the state of Washington in their endorsement area are required to repay the remaining loan principal with interest. (5) Recipients who fail to fulfill the required teaching obligation are required to repay the remaining loan principal with interest and any other applicable fees. The higher education coordinating board shall adopt rules to define the terms for repayment, including applicable interest rates, fees, and deferments. (6) The higher education coordinating board may deposit all appropriations, collections, and any other funds received for the program in this chapter in the future teachers conditional scholarship account authorized in RCW 28B.102.080. [2007 c 396 § 8; 2004 c 23 § 5; 2003 c 410 § 3; 2001 c 158 § 6.] Capt ion s n ot l aw— 200 7 c 396 : See no te fol lo win g R CW 28A.305.215. Finding—Intent—2007 c 396: See note following RCW 28A.300.515. 28A.660.060 Employment of certain personnel not affected. School districts or approved private schools’ abil28A.660.060 (2008 Ed.) Agreement on Qualifications of Personnel ity to employ personnel under certification for emergency or temporary, substitute, or provisional duty as authorized by chapter 28A.410 RCW are not affected by the provisions of this chapter. [2001 c 158 § 10.] Chapter 28A.690 Chapter 28A.690 RCW AGREEMENT ON QUALIFICATIONS OF PERSONNEL Sections 28A.690.010 Compact entered into—Terms. 28A.690.020 Superintendent as "designated state official," compact administrator—Professional educator standards board to approve text of contracts. 28A.690.030 True copies of contracts filed in office of superintendent— Publication. 28A.690.010 Compact entered into—Terms. The Interstate Agreement on Qualifications of Educational Personnel is hereby enacted into law and entered into by this state with all other states legally joining therein in the form substantially as follows: 28A.690.010 The contracting states solemnly agree that: Article I 1. The states party to this Agreement, desiring by common action to improve their respective school systems by utilizing the teacher or other professional educational person wherever educated, declare that it is the policy of each of them, on the basis of cooperation with one another, to take advantage of the preparation and experience of such persons wherever gained, thereby serving the best interests of society, of education, and of the teaching profession. It is the purpose of this Agreement to provide for the development and execution of such programs of cooperation as will facilitate the movement of teachers and other professional educational personnel among the states party to it, and to authorize specific interstate educational personnel contracts to achieve that end. 2. The party states find that included in the large movement of population among all sections of the nation are many qualified educational personnel who move for family and other personal reasons but who are hindered in using their professional skill and experience in their new locations. Variations from state to state in requirements for qualifying educational personnel discourage such personnel from taking the steps necessary to qualify in other states. As a consequence, a significant number of professionally prepared and experienced educators is lost to our school systems. Facilitating the employment of qualified educational personnel, without reference to their states or origin, can increase the available educational resources. Participation in this compact can increase the availability of educational manpower. Article II As used in this Agreement and contracts made pursuant to it, unless the context clearly requires otherwise: 1. "Educational personnel" means persons who must meet requirements pursuant to state law as a condition of employment in educational programs. (2008 Ed.) 28A.690.010 2. "Designated state official" means the education official of a state selected by that state to negotiate and enter into, on behalf of his or her state, contracts pursuant to this Agreement. 3. "Accept," or any variant thereof, means to recognize and give effect to one or more determinations of another state relating to the qualifications of educational personnel in lieu of making or requiring a like determination that would otherwise be required by or pursuant to the laws of a receiving state. 4. "State" means a state, territory, or possession of the United States; the District of Columbia; or the Commonwealth of Puerto Rico. 5. "Originating State" means a state (and the subdivision thereof, if any) whose determination that certain educational personnel are qualified to be employed for specific duties in schools is acceptable in accordance with the terms of a contract made pursuant to Article III. 6. "Receiving State" means a state (and the subdivisions thereof) which accept educational personnel in accordance with the terms of a contract made pursuant to Article III. Article III 1. The designated state official of a party state may make one or more contracts on behalf of his or her state with one or more other party states providing for the acceptance of educational personnel. Any such contract for the period of its duration shall be applicable to and binding on the states whose designated state officials enter into it, and the subdivisions of those states, with the same force and effect as if incorporated in this Agreement. A designated state official may enter into a contract pursuant to this Article only with states in which he or she finds that there are programs of education, certification standards or other acceptable qualifications that assure preparation or qualification of educational personnel on a basis sufficiently comparable, even though not identical to that prevailing in his or her own state. 2. Any such contract shall provide for: (a) Its duration. (b) The criteria to be applied by an originating state in qualifying educational personnel for acceptance by a receiving state. (c) Such waivers, substitutions, and conditional acceptances as shall aid the practical effectuation of the contract without sacrifice of basic educational standards. (d) Any other necessary matters. 3. No contract made pursuant to this Agreement shall be for a term longer than five years but any such contract may be renewed for like or lesser periods. 4. Any contract dealing with acceptance of educational personnel on the basis of their having completed an educational program shall specify the earliest date or dates on which originating state approval of the program or programs involved can have occurred. No contract made pursuant to this Agreement shall require acceptance by a receiving state of any persons qualified because of successful completion of a program prior to January 1, 1954. 5. The certification or other acceptance of a person who has been accepted pursuant to the terms of a contract shall not be revoked or otherwise impaired because the contract has expired or been terminated. However, any certificate or other [Title 28A RCW—page 269] 28A.690.020 Title 28A RCW: Common School Provisions qualifying document may be revoked or suspended on any ground which would be sufficient for revocation or suspension of a certificate or other qualifying document initially granted or approved in the receiving state. 6. A contract committee composed of the designated state officials of the contracting states or their representatives shall keep the contract under continuous review, study means of improving its administration, and report no less frequently than once a year to the heads of the appropriate education agencies of the contracting states. Article IV 1. Nothing in this Agreement shall be construed to repeal or otherwise modify any law or regulation of a party state relating to the approval of programs of educational preparation having effect solely on the qualification of educational personnel within that state. 2. To the extent that contracts made pursuant to this Agreement deal with the educational requirements for the proper qualification of educational personnel, acceptance of a program of educational preparation shall be in accordance with such procedures and requirements as may be provided in the applicable contract. Article V The party states agree that: 1. They will, so far as practicable, prefer the making of multilateral contracts pursuant to Article III of this Agreement. 2. They will facilitate and strengthen cooperation in interstate certification and other elements of educational personnel qualification and for this purpose shall cooperate with agencies, organizations, and associations interested in certification and other elements of educational personnel qualification. Article VI The designated state officials of any party state may meet from time to time as a group to evaluate progress under the Agreement, and to formulate recommendations for changes. Article VII Nothing in this Agreement shall be construed to prevent or inhibit other arrangements or practices of any party state or states to facilitate the interchange of educational personnel. Article VIII 1. This Agreement shall become effective when enacted into law by two states. Thereafter it shall become effective as to any state upon its enactment of this Agreement. 2. Any party state may withdraw from this Agreement by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. 3. No withdrawal shall relieve the withdrawing state of any obligation imposed upon it by a contract to which it is a party. The duration of contracts and the methods and condi[Title 28A RCW—page 270] tions of withdrawal therefrom shall be those specified in their terms. Article IX This Agreement shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Agreement shall be severable and if any phrase, clause, sentence, or provision of this Agreement is declared to be contrary to the constitution of any state or of the United States, or the application thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Agreement shall be held contrary to the constitution of any state participating therein, the Agreement shall remain in full force and effect as to the state affected as to all severable matters. [1990 c 33 § 545; 1969 ex.s. c 283 § 4. Formerly RCW 28A.93.010, 28.93.010.] Seve ra bili ty— 1969 e x.s. c 283 : Se e no te fo llo wing R CW 28A.150.050. 28A.690.020 Superintendent as "designated state official," compact administrator—Professional educator standards board to approve text of contracts. The "designated state official" for this state under Article II of RCW 28A.690.010 shall be the superintendent of public instruction, who shall be the compact administrator and who shall have power to adopt rules to carry out the terms of this compact. The superintendent of public instruction shall enter into contracts pursuant to Article III of the Agreement only with the approval of the specific text thereof by the professional educator standards board. [2006 c 263 § 818; 1990 c 33 § 546; 1969 ex.s. c 283 § 5. Formerly RCW 28A.93.020, 28.93.020.] 28A.690.020 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Seve ra bili ty— 1969 e x.s. c 283 : Se e no te fo llo wing R CW 28A.150.050. 28A.690.030 True copies of contracts filed in office of superintendent—Publication. True copies of all contracts made on behalf of this state pursuant to the Agreement as provided in RCW 28A.690.010 shall be kept on file in the office of the superintendent of public instruction. The superintendent of public instruction shall publish all such contracts in convenient form. [1990 c 33 § 547; 1969 ex.s. c 283 § 6. Formerly RCW 28A.93.030, 28.93.030.] 28A.690.030 Seve ra bili ty— 1969 e x.s. c 283 : Se e no te fo llo wing R CW 28A.150.050. Chapter 28A.700 Chapter 28A.700 RCW SECONDARY CAREER AND TECHNICAL EDUCATION Sections 28A.700.005 Findings—Intent—2008 c 170. 28A.700.010 Career and technical education—Plans—Standards—Technical assistance—Leadership development. 28A.700.020 List of statewide high-demand programs—Definitions. 28A.700.030 Preparatory secondary career and technical education programs—Criteria. 28A.700.040 Performance measures and targets—Improvement plans— Denial of approval or reapproval of program. (2008 Ed.) Secondary Career and Technical Education 28A.700.050 Grants to develop or upgrade high-demand career and technical education programs. 28A.700.060 Model career and technical education programs. 28A.700.070 Course equivalencies for career and technical courses— Grants to increase academic rigor. 28A.700.080 Awareness campaign for career and technical education. 28A.700.090 Grants for state or industry certification testing fees. 28A.700.900 Short title. 28A.700.901 Part headings not law—2008 c 170. 28A.700.005 28A.700.005 Findings—Intent—2008 c 170. (1) The legislature finds that many secondary career and technical education programs have made progress in retooling for the twenty-first century by aligning with state and nationally certified programs that meet industry standards and by increasing the rigor of academic content in core skills such as reading, writing, mathematics, and science. (2) However, the legislature also finds that increased expectations for students to meet the state’s academic learning standards require students to take remedial courses. The state board of education is considering increasing credit requirements for high school graduation. Together these policies could restrict students from pursuing high quality career and technical education programs because students would not have adequate time in their schedules to enroll in a progressive sequence of career and technical courses. (3) The legislature further finds that teachers, counselors, students, and parents are not well-informed about the opportunities presented by high quality career and technical education. Secondary career and technical education is not a stopping point but a beginning point for further education, including through a bachelor’s degree. Secondary preapprenticeships and courses aligned to industry standards can lead directly to workforce entry as well as to additional education. Career and technical education is a proven strategy to engage and motivate students, including students at risk of dropping out of school entirely. (4) Finally, the legislature finds that state policies have been piecemeal in support of career and technical education. Laws exist to require state approval of career and technical programs, but could be strengthened by requiring alignment with industry standards and focusing on high-demand fields. Tech prep consortia have developed articulation agreements for dual credit and smooth transitions between high schools and colleges, but agreements remain highly decentralized between individual faculty and individual schools. Laws require school districts to create equivalences between academic and career and technical courses, but more support and professional development is needed to expand these opportunities. (5) Therefore it is the legislature’s intent to identify the gaps in current laws and policies regarding secondary career and technical education and fill those gaps in a comprehensive fashion to create a coherent whole. This act seeks to increase the quality and rigor of secondary career and technical education, improve links to postsecondary education, encourage and facilitate academic instruction through career and technical courses, and expand access to and awareness of the opportunities offered by high quality career and technical education. [2008 c 170 § 1.] (2008 Ed.) 28A.700.010 28A.700.010 Career and technical education— Plans—Standards—Technical assistance—Leadership development. (1) To ensure high quality career and technical programs, the office of the superintendent of public instruction shall periodically review and approve the plans of local districts for the delivery of career and technical education. Standards for career and technical programs shall be established by the office of the superintendent of public instruction. The office of the superintendent of public instruction shall develop a schedule for career and technical education plan reapproval under this section that includes an abbreviated review process for programs reapproved after 2005, but before June 12, 2008. All school district career and technical education programs must meet the requirements of this section by August 31, 2010. (2) To receive approval, school district plans must: (a) Demonstrate how career and technical education programs will ensure academic rigor; align with the state’s education reform requirements; help address the skills gap of Washington’s economy; and maintain strong relationships with local career and technical education advisory councils for the design and delivery of career and technical education; (b) Demonstrate a strategy to align the five-year planning requirement under the federal Carl Perkins act with the state and district career and technical program planning requirements that include: (i) An assessment of equipment and technology needs to support the skills training of technical students; (ii) An assessment of industry internships required for teachers to ensure the ability to prepare students for industrydefined standards or certifications, or both; (iii) An assessment of the costs of supporting job shadows, mentors, community service and industry internships, and other activities for student learning in the community; (iv) A description of the leadership activities to be provided for technical education students; and (v) Annual local school board approval; (c) Demonstrate that all preparatory career and technical education courses offered by the district meet the requirements of RCW 28A.700.030; (d) Demonstrate progress toward meeting or exceeding the targets established under RCW 28A.700.040 of an increased number of career and technical programs in high-demand fields; and (e) Demonstrate that approved career and technical programs maximize opportunities for students to earn dual credit for high school and college. (3) To ensure high quality career education programs and services in secondary schools, the office of the superintendent of public instruction may provide technical assistance to local districts and develop state guidelines for the delivery of career guidance in secondary schools. (4) To ensure leadership development, the staff of the office of the superintendent of public instruction may serve as the state advisors to Washington state FFA, Washington future business leaders of America, Washington DECA, Washington SkillsUSA, Washington family, career and community leaders, and Washington technology students association, and any additional career or technical student organizations that are formed. Working with the directors or executive secretaries of these organizations, the office of the 28A.700.010 [Title 28A RCW—page 271] 28A.700.020 Title 28A RCW: Common School Provisions superintendent of public instruction may develop tools for the coordination of leadership activities with the curriculum of technical education programs. (5) As used in this section, "career and technical education" means a planned program of courses and learning experiences that begins with exploration of career options; supports basic academic and life skills; and enables achievement of high academic standards, leadership, options for high skill, high wage employment preparation, and advanced and continuing education. [2008 c 170 § 101; 2001 c 336 § 2. Formerly RCW 28C.04.100.] 28A.700.020 List of statewide high-demand programs—Definitions. (1) The office of the superintendent of public instruction, in consultation with the workforce training and education coordinating board, the Washington state apprenticeship and training council, and the state board for community and technical colleges, shall develop a list of statewide high-demand programs for secondary career and technical education. The list shall be developed using the high-demand list maintained by workforce development councils in consultation with the employment security department, the high employer demand programs of study identified by the workforce training and education coordinating board, and the high employer demand programs of study identified by the higher education coordinating board. Local school districts may recommend additional high-demand programs in consultation with local career and technical education advisory committees by submitting evidence of local high demand. (2) As used in this section and in RCW 28A.700.040, 28A.700.050, and 28A.700.060, and *section 307 of this act: (a) "High-demand program" means a career and technical education program that prepares students for either a high employer demand program of study or a high-demand occupation, or both. (b) "High employer demand program of study" means an apprenticeship or an undergraduate or graduate certificate or degree program in which the number of students per year prepared for employment from in-state programs is substantially fewer than the number of projected job openings per year in that field, either statewide or in a substate region. (c) "High-demand occupation" means an occupation with a substantial number of current or projected employment opportunities. [2008 c 170 § 102.] 28A.700.020 *Reviser’s note: Section 307 of this act was vetoed by the governor. 28A.700.030 Preparatory secondary career and technical education programs—Criteria. All approved preparatory secondary career and technical education programs must meet the following minimum criteria: (1) Either: (a) Lead to a certificate or credential that is state or nationally recognized by trades, industries, or other professional associations as necessary for employment or advancement in that field; or (b) Allow students to earn dual credit for high school and college through tech prep, advanced placement, or other agreements or programs; 28A.700.030 [Title 28A RCW—page 272] (2) Be comprised of a sequenced progression of multiple courses that are technically intensive and rigorous; and (3) Lead to workforce entry, state or nationally approved apprenticeships, or postsecondary education in a related field. [2008 c 170 § 103; 2006 c 115 § 2. Formerly RCW 28C.04.110.] 28A.700.040 Performance measures and targets— Improvement plans—Denial of approval or reapproval of program. (1) The office of the superintendent of public instruction shall establish performance measures and targets and monitor the performance of career and technical education programs in at least the following areas: (a) Student participation in and completion of h i g h -d e m a n d p r o g r a m s a s i d e n t i f i e d u n d e r R C W 28A.700.020; (b) Students earning dual credit for high school and college; and (c) Performance measures and targets established by the workforce training and education coordinating board, including but not limited to student academic and technical skill attainment, graduation rates, postgraduation employment or enrollment in postsecondary education, and other measures and targets as required by the federal Carl Perkins act, as amended. (2) If a school district fails to meet the performance targets established under this section, the office of the superintendent of public instruction may require the district to submit an improvement plan. If a district fails to implement an improvement plan or continues to fail to meet the performance targets for three consecutive years, the office of the superintendent of public instruction may use this failure as the basis to deny the approval or reapproval of one or more of the district’s career and technical education programs. [2008 c 170 § 104.] 28A.700.040 28A.700.050 Grants to develop or upgrade highdemand career and technical education programs. Subject to funds appropriated for this purpose, the office of the superintendent of public instruction shall allocate grants to middle schools, high schools, or skill centers, to develop or upgrade high-demand career and technical education programs as identified under RCW 28A.700.020. Grant funds shall be allocated on a one-time basis and may be used to purchase or improve curriculum, create preapprenticeship programs, upgrade technology and equipment to meet industry standards, and for other purposes intended to initiate a new program or improve the rigor and quality of a high-demand program. Priority in allocating the funds shall be given to programs that are also considered high cost due to the types of technology and equipment necessary to maintain industry certification. Priority shall also be given to programs considered in most high demand in the state or applicable region. [2008 c 170 § 105.] 28A.700.050 28A.700.060 Model career and technical education programs. (1) The office of the superintendent of public instruction, the workforce training and education coordinating board, the state board for community and technical colleges, the higher education coordinating board, and the coun28A.700.060 (2008 Ed.) Secondary Career and Technical Education cil of presidents shall work with local school districts, workforce education programs in colleges, tech prep consortia, and four-year institutions of higher education to develop model career and technical education programs of study as described by this section. (2) Career and technical education programs of study: (a) Incorporate secondary and postsecondary education elements; (b) Include coherent and rigorous academic content aligned with state learning standards and relevant career and technical content in a coordinated, nonduplicative progression of courses that are aligned with postsecondary education in a related field; (c) Include opportunities for students to earn dual high school and college credit; and (d) Lead to an industry-recognized credential or certificate at the postsecondary level, or an associate or baccalaureate degree. (3) During the 2008-09 school year, model career and technical education programs of study shall be developed for the following high-demand programs: Construction, health care, and information technology. Each school year thereafter, the office of the superintendent of public instruction, the state board for community and technical colleges, the higher education coordinating board, and the workforce training and education coordinating board shall select additional programs of study to develop, with a priority on high-demand programs as identified under RCW 28A.700.020. [2008 c 170 § 107.] 28A.700.070 Course equivalencies for career and technical courses—Grants to increase academic rigor. (1) The office of the superintendent of public instruction shall support school district efforts under RCW 28A.230.097 to adopt course equivalencies for career and technical courses by: (a) Recommending career and technical curriculum suitable for course equivalencies; (b) Publicizing best practices for high schools and school districts in developing and adopting course equivalencies; and (c) In consultation with the Washington association for career and technical education, providing professional development, technical assistance, and guidance for school districts seeking to expand their lists of equivalent courses. (2) The office of the superintendent of public instruction shall provide professional development, technical assistance, and guidance for school districts to develop career and technical course equivalencies that also qualify as advanced placement courses. (3) Subject to funds appropriated for this purpose, the office of the superintendent of public instruction shall allocate grant funds to school districts to increase the integration and rigor of academic instruction in career and technical courses. Grant recipients are encouraged to use grant funds to support teams of academic and technical teachers using a research-based professional development model supported by the national research center for career and technical education. The office of the superintendent of public instruction may require that grant recipients provide matching resources 28A.700.070 (2008 Ed.) 28A.700.090 using federal Carl Perkins funds or other fund sources. [2008 c 170 § 201.] 28A.700.080 Awareness campaign for career and technical education. (1) Subject to funds appropriated for this purpose, the office of the superintendent of public instruction shall develop and conduct an ongoing campaign for career and technical education to increase awareness among teachers, counselors, students, parents, principals, school administrators, and the general public about the opportunities offered by rigorous career and technical education programs. Messages in the campaign shall emphasize career and technical education as a high quality educational pathway for students, including for students who seek advanced education that includes a bachelor’s degree or beyond. In particular, the office shall provide information about the following: (a) The model career and technical education programs of study developed under RCW 28A.700.060; (b) Career and technical education course equivalencies and dual credit for high school and college; (c) The career and technical education alternative assessment guidelines under RCW 28A.655.065; (d) The availability of scholarships for postsecondary workforce education, including the Washington award for vocational excellence, and apprenticeships through the opportunity grant program under RCW 28B.50.271, grants under RCW 28A.700.090, and other programs; and (e) Education, apprenticeship, and career opportunities in emerging and high-demand programs. (2) The office shall use multiple strategies in the campaign depending on available funds, including developing an interactive web site to encourage and facilitate career exploration; conducting training and orientation for guidance counselors and teachers; and developing and disseminating printed materials. (3) The office shall seek advice, participation, and financial assistance from the workforce training and education coordinating board, higher education institutions, foundations, employers, apprenticeship and training councils, workforce development councils, and business and labor organizations for the campaign. [2008 c 170 § 301.] 28A.700.080 28A.700.090 Grants for state or industry certification testing fees. (1) Subject to funds appropriated for this purpose, the office of the superintendent of public instruction shall provide grants to eligible students to offset the costs of required examination or testing fees associated with obtaining state or industry certification in the student’s career and technical education program. (2) The office shall establish maximum grant amounts and a process for students to apply for the grants. (3) For the purposes of this section, "eligible student" means: (a) A student enrolled in a secondary career and technical education program where state or industry certification can be obtained without additional postsecondary work or study; or (b) A student who completed a secondary career and technical education program in a Washington public school 28A.700.090 [Title 28A RCW—page 273] 28A.700.900 Title 28A RCW: Common School Provisions and is seeking state or industry certification in a program requiring additional postsecondary work or study or where there are age limitations on certification. (4) Eligible students must have a family income that is at or below two hundred percent of the federal poverty level using the most current guidelines available from the United States department of health and human services. [2008 c 170 § 302.] 28A.700.900 Short title. This chapter may be known and cited as the career and technical education act. [2008 c 170 § 406.] 28A.700.900 statute. The provisions of this title shall also be construed in pari materia with the provisions of Title 28B RCW, and with other laws relating to education. This section shall not operate retroactively. [1969 ex.s. c 223 § 28A.98.040. Formerly RCW 28A.98.040.] 28A.900.050 Title, chapter, section headings not part of law. Title headings, chapter headings, and section or subsection headings, as used in this title, Title 28A RCW, do not constitute any part of the law. [1969 ex.s. c 223 § 28A.98.050. Formerly RCW 28A.98.050.] 28A.900.050 28A.900.060 Invalidity of part of title not to affect remainder. If any provision of this title, Title 28A RCW, or its application to any person or circumstance is held invalid, the remainder of the title, or the application of the provision to other persons or circumstances is not affected. [1969 ex.s. c 223 § 28A.98.060. Formerly RCW 28A.98.060.] 28A.900.060 28A.700.901 Part headings not law—2008 c 170. Part headings used in this act are not any part of the law. [2008 c 170 § 407.] 28A.700.901 Chapter 28A.900 Chapter 28A.900 RCW CONSTRUCTION Sections 28A.900.010 28A.900.030 28A.900.040 28A.900.050 28A.900.060 28A.900.070 28A.900.080 28A.900.100 28A.900.101 28A.900.102 28A.900.103 28A.900.105 Repeals and savings. Continuation of existing law. Provisions to be construed in pari materia. Title, chapter, section headings not part of law. Invalidity of part of title not to affect remainder. "This code" defined. Effective date—1969 ex.s. c 223. Purpose—1990 c 33. Statutory references—1990 c 33. Severability—1990 c 33. Subheadings not law—1990 c 33. Effect of repeal—1995 c 335. 28A.900.010 Repeals and savings. See 1969 ex.s. c 223 § 28A.98.010. Formerly RCW 28A.98.010. 28A.900.010 28A.900.030 Continuation of existing law. The provisions of this title, Title 28A RCW, insofar as they are substantially the same as statutory provisions repealed by this chapter, and relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. Nothing in this 1969 code revision of Title 28 RCW shall be construed as authorizing any new bond issues or new or additional appropriations of moneys but the bond issue authorizations herein contained shall be construed only as continuations of bond issues authorized by prior laws herein repealed and reenacted, and the appropriations of moneys herein contained are continued herein for historical purposes only and this 1969 act shall not be construed as a reappropriation thereof and no appropriation contained herein shall be deemed to be extended or revived hereby and such appropriation shall lapse or shall have lapsed in accordance with the original enactment: PROVIDED, That this 1969 act shall not operate to terminate, extend or otherwise affect any appropriation for the biennium commencing July 1, 1967, and ending June 30, 1969. [1969 ex.s. c 223 § 28A.98.030. Formerly RCW 28A.98.030.] 28A.900.030 28A.900.040 Provisions to be construed in pari materia. The provisions of this title, Title 28A RCW, shall be construed in pari materia even though as a matter of prior legislative history they were not originally enacted in the same 28A.900.040 [Title 28A RCW—page 274] 28A.900.070 "This code" defined. As used in this title, Title 28A RCW, "this code" means Titles 28A and 28B RCW. [1969 ex.s. c 223 § 28A.98.070. Formerly RCW 28A.98.070.] 28A.900.070 28A.900.080 Effective date—1969 ex.s. c 223. Title 28A RCW shall be effective July 1, 1970. [1969 ex.s. c 223 § 28A.98.080. Formerly RCW 28A.98.080.] 28A.900.080 28A.900.100 Purpose—1990 c 33. (1) The purpose of chapter 33, Laws of 1990 is to reorganize Title 28A RCW. There are three goals to this reorganization: (a) To place related sections in chapters organized by subject matter; (b) to make all terms gender neutral; and (c) to clarify existing language. Chapter 33, Laws of 1990 is technical in nature and is not intended to make substantive changes in the meaning, interpretation, court construction, or constitutionality of any provision of Title 28A RCW or other statutory provisions included in chapter 33, Laws of 1990 and rules adopted under those provisions. (2) Chapter 33, Laws of 1990 shall not have the effect of terminating or in any way modifying any proceedings or liability, civil or criminal, which exists on June 7, 1990. [1990 c 33 § 1.] 28A.900.100 28A.900.101 Statutory references—1990 c 33. (1) The code reviser shall correct all statutory references to code sections recodified by *section 4 of this act. (2)(a) References to "RCW 28A.47.732 through 28A.47.748" in Title 28A RCW have intentionally not been changed since those code sections were repealed by chapter 189, Laws of 1983. These references are not being eliminated because it is not the purpose of this act to correct obsolete references. (b) References to "RCW 28A.58.095" in Title 28A RCW have intentionally not been changed since that code section was repealed by chapter 2, Laws of 1987 1st ex. sess. These references are not being eliminated because it is not the purpose of this act to correct obsolete references. [1990 c 33 § 2.] 28A.900.101 (2008 Ed.) Construction 28A.900.105 *Reviser’s note: Section 4 of this act is an uncodified section that recodifies sections in Title 28A RCW. 28A.900.102 Severability—1990 c 33. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1990 c 33 § 603.] 28A.900.102 28A.900.103 Subheadings not law—1990 c 33. Subheadings as used in this act do not constitute any part of the law. [1990 c 33 § 3.] 28A.900.103 28A.900.105 Effect of repeal—1995 c 335. The repeal of any programs that are not funded as of July 23, 1995, is not intended to comment on the value of the services provided by the programs. The repeal of statutes in chapter 335, Laws of 1995 does not affect the general authority of school districts to provide services to accomplish the purposes of these programs. The deletion or repeal of language that permitted school districts to carry out specific activities that would be within their general authority is not intended to affect the general authority of school districts to continue to carry out those activities. [1995 c 335 § 801.] 28A.900.105 Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360. (2008 Ed.) [Title 28A RCW—page 275]

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